WHile I was thinking to whom I might dedicat this Book , in which is asserted the Authority and Non-usurpation of the Commonwealth of England , I judged none more fit then him to whose patronage I might commit it , who hath most promoted the Liberty lately obtained , under the power and protection of the God of Israel . And thus , among many , I made choice of your Lordship . Albeit I look upon Kingly Government , as that which is inconsubsistent with just Freedom and Liberty ; nevertheless , under what Power and Authority I am , be what it will , I am willing to give unto Caesar that which is Caesar's . And therefore I will humbly offer my judgment to your Lordship , in this case ; which I hope will be useful to abate the seditiousness of spirit , to which many ( as is at least pretended upon a conscientious accompt ) are bent .

It will not be amiss to distinguish between the case of Superiority and Inferiority . Now the Word of God will have the inferiour subject to the superiour , without any resistance , not only for wrath , but also for conscience-sake , Rom. 12.1 . The higher can never be without the lower , the one necessarily pre-supposing the other . And therefore , that which is lower and inferiour , ought to be subject to the higher and superiour . Hence it is Jesus Christ & his Apostles , subjected themselves to the greatest of tyrants , even to such whose title and right depended meetly from the sword . So then , put me under the Turk's command , I shall not dispute his power . Shew me where Christ , or any of his Apostles , dispute the authority of any power they lived under . It is undeniable , they spoke and preached against all manner of sin and vice , bearing faithful witness against it . And thus they witnessed against the sins of Princes , aswel as of the People . Howsoever , there is a great difference between a Magistrate , as a Magistrate , and as a man . As a Magistrate he cannot fail , but either in tyranny , or in injustice , or else in bribery . As a man , he is subject to personal infirmities as others ar● . I must confess , the Gospel witnesseth abundantly against all these failings . But as I understand , the Gospel doth not allow the inferiour to speak directly , and by way of application against the Magistrate , as he faileth in his office . I do not read where Christ , or his Apostles charged any Ruler with tyranny , injustice , or bribery , in the discharge of his trust . Sure I am , there were many unjust Judge in their time . I made , that Christ called Herod , a Fox : and Paul called Nero , a Lion But the Law could not conclude from hence , that any thing was spoken against them as Magistrates : Because as men , they were 〈◊〉 to be 〈◊〉 as Foxes and cruel as Lion . And thus the Law could make no other , but their speaking against personal taults in the Magistrate . And I judge it not unlawful , upon some serious accompts , ( though not by all persons and at all occasions ) to speak against the personal sins of the Magistrate in a down-right way , as did the Baptist to Herod . If this will not satisfie , then observe that Christ was not at that time subject to Herod , but to Pilate . And may not I speak against any tyrannous Magistrate , to whose Law & Government I am not subjected ? Yea , against the great Turk , though I might not being under his Authority . N●y , but I choose rather to say , ( as the scope of Christ's words insinuate in opposition to the disdainful bragging of the Pharisees ) that Christ opposeth his divine and kingly power , to Herod's tyranny ; upon which accompt he defieth his despiaht , as being impossible for him to act any thing to in s prejudice , or alteration of his purpose . And as for that of Paul . it is not clear what he meaneth by the Lion . Only this much he is pleased to be a little free with his dear friend , Timothy . And truly , I may use so much freedom with my dear friend , as with mine own heart . But what is all this for the subject to call the Magistrate to his face , A tyrannous and partial Judge granting he be so ? Shall I therefore , both in private and publick speak what I will ( making an ordinary trade of it ) against his unfaithfulness in managing his office ? Scripture doth not allow me to think any thing against him in my Bed-chamber , Eccles. ●0 . 20 . [ Is it fit ] to say to a King . [ thou ] are wicked , [ and ] to Princes , ye [ are ] ungodly ? Job 34 18. Surely , It is not good to 〈◊〉 Princes for equty , Pro. 17.26 . We must not revile the Judges , nor curse to Ruler of the People , Exod. 22.28 . Acts 23.5 . And we see how that Paul in all his arraignments , maketh his constant plea that in his preaching the Gospel he spake nothing whether against the Magistrate , or the Law of the Nation ; whereupon many times he escaped . Yea , John the Baptist doth not dispute the quarrel of the Romon Souldiers , but , waving State-matters , exhorteth them to their duty , as is pertinent to a Gospel-Preacher . Notwithstanding , I would have it seriously minded , that I only speak of the duty of the inferiour toward the superiour : so that whatsoever is really and properly inferiour , ought , without disputing the matter , give due obedience to the superiour not resisting the higher power . Now say I , every individual subject seorsim , or any inconsiderable number thereof , is inferiour to the Magistrate . And therefore ought not to resist his power . I admire how any person or persons , who are not in a capacity , yea , not so much as in a probability of withstanding the Mastistrat's power , dare adventure to do so , ( unless miraculously and extraordinarily assisted as were the Prophets of old ) even though , not only to them but also revera his power is tyrannous , and his commands unjust . Will any rational man say , I ought to resist an hundred high-way Robbers , and not give them that which they seek , though unjustly ? If I did so , whatsoever evill befell me in resisting , I should be accessory to it my self as none in reason can deny .

But if it be asked , Whether or not ought the People to resist the Magistrate ? Say I , The lawfulness , or unlawfulness of their resisting , only dependeth from the nature of the quarrel . It is clear to me ( as is fully evinced in the following Treatise ) not only the whole Power , but also any considerable power of the People may v●ry justly resist the Magistrate , in maintaining and promoting their own just Liberty and freedom : for as the whole Power of the People is superiour , so any considerable part thereof is not inferiour to the Magistrate's power . And thus my judgment leadeth me no other wales to resist a tyrannous Magistrate , but as I am added by Providence to that Body , whose Quarrel is not only just , but also whose Power is either superiour to the Magistrate's Power , or at least so far equal to it as that it is in a capacity of resisting it Now , if I either mistake the Quarrel , or the considerable capacity of resisting , 't is my rashness to engage against the Ruler , and just with God to punish my seditiousness , though my engaging be upon zealous and conscientious accompts . Let a very P●ter be rebuked , though in zeal he smile Malchus , not being able to maintain his act of Resistance . As to example , had I a year or two since spoken or acted against the late Parliament , me thinks I had not only done unwisely ( unless , as I said before , I had been raised up extraordinarily , as were the Prophets of old , in speaking and acting against the tyranny of the Magistrate ) but also seditiously . But now it is high time for me , or any wel-wisher of the People's Liberty , to speak and act , in our several employments and vocations , against the late Power . As it is time to sail when tide and wind make , and no sooner ; so it is time to engage , and no sooner , for Freedom and Liberty , when either the People's willingness , or a standing Power call for it . Then let every man , according to his ability , ( whose ambition is to promote just Freedom and Liberty ) improve his time , letting no occasion slip , but strike the iron while it is yet hot . Sooner , it is folly ; and latter , it is but a beating of the air . And thus let every cordial wel-wisher of Freedom , walk wisely , neither going a step before , nor a step behind the willingness and power of the People , in promoting the foresaid Interest . The Quarrel of just Freedom not arightly timed , is lost labour , and an untimely birth . This possibly will be called Policy rather then Piety . But it matters not if this Policy be true Divinity , as is already shewed to be . He is worthy of all commendation , who neither resisteth the Ruler's superiority , nor thwarteth , but promoteth the People's Liberty . Thus is he neither rebellious nor malignant , but obedient to his superiour during his Command , and faithful to the Interest of the People . Let me obey the Tyrant so long as he commandeth , but side with the People when they oppose him .

Beside what I have spoken , ( if I may be called to counsel ) I would willingly offer some of my earnest wishes unto your Lordship . O that constrained maintenance for upholding Priests , Chaplains , and Masters in Universities , were at an end ! Oh , that all who are able , and willing , to preach the Gospel , might be encouraged with all due freedom and protection therein , upon all occasions , and in all convenient places , without molestation , whether in private , or in places of publick meeting ! All which shall come to passe , when that is accomplished which is foretold , in Isa. 26.12 , 14 , 15.

As for annual Representatives , the levelling of the Law , subjecting all to it without exception ; the disposing so of all Rents , Revenues , Forfeitures , Sequestrations , and such like , as that competences may be provided out of them for all that want , they be things too high for me . I only take liberty to speak in order to such things as immediatly relate to the Freedom of Saints , and the Fall of Babylon . As to Religion's Interest , every wel-wisher of Zion may use freedom . Howsoever I judge it needless for me to speak any thing of these last particulars , seeing ( as I conceive ) they are already taken into consideration by all these who mind the true and just Interest of the People . Nay , but ( my Lord ) J cannot forget , how that one day after another J hear large discourse of Levelling . But though the most part be for it , excepting the Rich , ( as it was of old in the dayes of Agis and Gracchus ) J cannot well learn what is intended thereby . Only J do find in it , these two things which be either redundant or defective , as to the nature of right Levelling . First , some understand no more , but the levelling of the Law . Secondly , others overturn propriety so much , as that they intend no more use of the Creation , but here to day , and yonder to morrow . J shall not dispute this case at present , but only adde some few words to what is spoken in this matter . As J understand , people so much the more cheerfully ought to engage to promote their just Civil Freedom and Liberty , how much the more the fall of Babylon , and the interest of Zion are concerned therein . 'T is a debate to me , to engage for the one , the other not being linked therewith ; though self-defence be lawful upon all accompts . Howsoever the Quarrel of the Lamb is that which J heed most . But if your Lordship , and others in power , will allow me in this case , to remonstrate to the world , the practice of the Jewish , Athenian , Lacedemonian , Roman , and of other ancient and notable Commonwealths , J shall be most willing to do so at command . And J shall endeavour to publish nothing , but what is according to the Scriptures , the practice of the chiefest Commonwealths , the judgment , yea and practice of the chiefest States-men , Philosophers , Orators , and Historians . O! but all of us will be prevented in these things , by the sudden approach of the Ancient of dayes , who being come , will level spirits , powers , and estates . Till then there will be no more but the beginnings of Liberty , the earnest of what shall be when the Lord alone shall be exalted , staining the pride of all Glory , and bringing into contempt all the Honourable of the Earth . Yea , as I conceive , it is impossible a solid and entire Freedom can be established , till His approach : for then He shal judge among the Nations , becoming our Lord , our King and Law-giver , the Law going out of Zion , and the Word of the Lord from Jerusalem . I rest satisfied in the expectation thereof , not exercising my self in great matters , nor in things too high for me . When he cometh , crooked things shall be made straight , and mountains shall be made valleys . The Lord will hasten it in his time .

Lastly , J would offer my judgment to your Lordship , concerning the Power of the People , in choosing Rulers . J shall only hint at this in a word . To me it is clear , that as Nature in the state of fallen-man ( unlesse all should go to ruin ) cannot be without Government , even though all men by Nature be free-born ; so neither are all capable of governing , nor of choosing to govern . The Scripture is clear in this , that only such ought to govern , who are men fearing God , and hating Covetousness , Exod. 18.21 . Deut. 1.13 . Job 34.17 , 29 , 30. Psa. 12.8 . Eccles. 20.16 , 17. And thus , uppon a Scripture-accompt , according to the primitive pattern of Judges in the choicest of Commonwealths , there be these four qualifications necessarily required in those that govern , 1. ability , 2. fearing of God , 3. truth , 4. hatred of Covetousness . Whence , according to the primitive and Scripture-mould of Judges , all men are uncapable of governing , but such who be so and so qualified . Now the question is , Who shall choose such who are endowed with these qualifications ? In answer to this J premise , this distinction . As the Legislative power radically , is in the People , so by Nature they ought to choose their own Governours and Rulers . But Nature being contaminated , all men upon that accompt are not fit to make choice of their Rulers . For all men are either godly , or ungodly . Now , the major part of the People , being ungodly , will , and do choose men like themselves , as experience teacheth , unlesse upon some selfish accompt they happen now and then , here and there , to choose some godly person or persons . But the Scripture doth not allow any to rule but the Righteous . And therefore , according to the Word of God , and the dictates of pure Nature godly men , ( who are known to be such by their fruits ) should be searched thorowout all the Tribes of Israel and appointed Rulers . So did Moses . And our Moseses ought to do so too ; to which the People in reason will be forced to condescend , and the rather , when they see judgment and righteousness abounding , while the righteous govern . And which is more , in all heathenish ancient Commonwealths , in which the Rulers were chosen by the People , the whole multitude therein followed the counsel of some few wise-men among them . Otherwise , the whole matter among them should have turned into confusion . And is it not known by experience , how that some one faction or other doth sway in all elections ? though the free choice of the People be pretended ? Now the generality of the People are swayed , rather by the disaffected , then wel-affected party , in al free choice til they be constrained to do otherwise . Which is a clear demonstration that they cannot improve their own Interest , but are apt to give it up into the hands of strange Lords , and cruel Task-masters . And therefore all our wise and godly Moseses , whom the Lord hath impower'd , ought to assay all means possible , to find out among all the Tribes of Israel , able men , such as fear God , men of truth , and hating Covetousness , that they may bear burden with them in the management of affairs . And such of them as be poor there is enough in the world to make them rich . But I do not expect the full accomplishment of such things , till the Ancient of dayes be come : for I see under the sun the place of judgment , [ that ] wickedness is there ; and the place of righteousness , [ that ] iniquity is there . I say in mine heart , God shall judge the righteous , and the wicked : for [ there is ] a time there for every purpose , and for every work . Eccles. 3.16 , 17. Till which time , ( hoping all these things shall be acceptable to your Lordship ) I remain ,

Posit . 1. The Law in its substantials needeth no reformation , being grounded upon the principles of pure Nature .

I shall glance a little at the discovery of the general and substantial principles of the Law . In general it consisteth of a direct and indirect part . The direct part of the Law is , secundum allegata & probata . The indirect is , secundum allegata & improbata . The direct principles thereof resolve upon Allegation & Probation , or upon Claim and Instruction . Claim is either in order to Movables , or Immovables . In order to immovables , the grounds thereof be heirship , disposition , donation , and conquest . Heirship is , either of Line , or of Conquest . Of Line , secundum descensum proprium . v. g. as is between father and son . And secundum descensum accidentalem . v. g. as is between the elder , and younger brother . Of conquest , ne ultra unum gradum ascendat . v. g. Conquest being disponed to the third son , cannot fall to the first . In order to which , the Law doth say well , Primogenito Primoginitura , & caeteris Proportio : Justitia enim fit , secundum proportionem . Disposition is , either mutual by way of contract , or personal by way of assignation . But saith the Law , Ne ulla sit dispositio in fraudem creditorum . Donation is either absolute , or conditional . In order to which , saith the Law , Volenti non fit , injuria . Conquest is , that which is purchased by the proper industry of the Owner , not being derived from any Predecessour . But , Quod Propria virtute acquiritur , Propria ac libera voluntate disponitur . As for the Instruction of Claim , whether in order to Immovables , or Movables , it must be by Evidences , either of Writ , Witnesses , or Confession . Confession is , either formal , or virtual . Virtual , aut per silentium , aut per absentiam . Qui tacet , consentire videtur . Non dormientibus , sed vigilantibus sunt jura . All which principles be very consonant to Nature and sound Reason , as is evident from the very tenor of them . To which all Law-principles , in point of suit , may be reduced , as is known to all skilful Lawyers .

Posit . 2. Intail is a corrupt title of Claim .

For it hath no ground , either in Nature , or in Reason , but only in the circuit of a prodigal humour , for perpetuating a Name , which is but grasse , and the glory thereof , as the flower that fadeth . Thus the perpetuating of the Line in the person of the eldest son , by vouchsafing the whole substance on him , is no lesse unjust then prodigal .

Posit . 3. Jure divino , upon the accompt of Divine Right , all Pleas ought to be composed according to Conscience and Reason , without all respect to any Platform of humane Law .

So it was in the Primitive Institution of the Jewish Common-wealth . (1) Special care was had to establish such Judges in it , as were men of Conscience and Religion , Exod. 18.22 , 25. Deut. 1.13 , 15. Who were to judge the People , as did Moses , making them know the Statutes of GOD , and his Laws , in judging Pleas between one and another , Ex. 18.16 . (2) Because as they were to judge no other Judgment but what was GOD's , Deut. 1.17 . so they were to judge only for the Lord , 2 Chron. 19.6 .

Posit . 4. The Rigour of the Law is great injustice , although the Process be secundum allegata , & probata .

For , Nimium jus nimia injuria . I might instance a hundred cases , in which the peremptoriness of the Law is either too intense , or too remisse .

Posit . 5. Though the Law were never so just in it self , it can never be justly executed , a Platform being observed , men not being left to their own freedom in judging .

Because a Platform can never be pleaded without Interpreters . Who , I pray , shall interpret ? Not the Judges : for they cannot both judge , and plead . Hoc opus , hic labor est . Not the ignorant Pursuers , and Defenders : for ignoti nulla cupido , far less intellectio . Therefore it only remaineth , that skilful Lawyers be employed . And then be sure , of heavie burdens which they themselves will not touch with one of their fingers . And thus a Platform's abrogation is the Law 's reformation . Otherwise it is but verberatio aëris .

Posit . 6. To day , the only best way of easing the People of their burdens in point of Suit , is , To remit all Pleas to the Arbitration of Neighbours .

The truth of this doth appear thus : All determination of Pleas of necessity is either upon a judicial , or ( as I may so say ) arbitral accompt . If upon a judicial accompt , then either according to the dictates of Conscience and pure Reason , or the principles of a Platform . The former cannot be to day . Oh! how selfish are the best of men at this time ? Though there be both godly and able men to day , yet cannot all places of trust be filled with such as answer the Scripture qualifications of Rulers . Not til the time , Our Officers be , peace , and Exactors , righteousness , the Judges being restored , as at the first , and Counsellours as at the beginning . And as the former is impossible , so the other is hurtful : for as Judges qualified , as said is , are rare , and many of them to fil al places of trust cannot be found , so , a Platform being established , swarms of Lawyers , the main face-grinders , do abound . It therefore remaineth that Pleas be determined by way of Arbitration among friends . And then be sure ( not one of a hundred otherwaies ) of little expence , great moderation , and great dispatch . Because of the untowardness of People , I must needs adde some Cautions .

Caut. 1. The Pursuer refusing without all reason , friendly to compound by way of Arbitration , it will do well , if by an Act be forfeited , toties quoties , so much of his suit as may daunt him ; viz. either one half , or a third part thereof , as may be judged convenient .

Caut. 2. The Defender , upon no good grounds , refusing to compound by way of friendly Arbitration , it will do well , if an Act bind him toties quoties , to forfeit an half , or a third part , more and above what is sued of him .

Caut. 3. It will do well , if some of the godliest and ablest men be appointed and authorized to that end , to attend a ● Pleas , which either cannot , or stubborn persons refuse to , be composed by way of Arbitration , all due execution passing upon their Determination , whether as to the deciding of the Plea , or fining of the stubborn and refractory person .

All which , as I conceive , do stand with Reason : for as the end of War is Peace , so the end of Law is Arbitration . Were all men beaten with the Law abroad , be sure they would friendly agree at home . And many are forced to do so , when they have spent their time , wits , and estates upon it . So old Clients can , though wantons be ignorant thereof .

I shall not multiply words on this subject at present , but willingly rest satisfied with what is spoken already , though I might enlarge my self theron , ( to which I shall be most ready , whensoever called thereto ) being nothing but the abridgment of my thoughts in the matter ; and hoping the poor man's counsel may deliver the City , supposing these words to be spoken in season , the exigent of time calling for the like . I have no more to adde at present , but that I am