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book_n	deny_v	election_n	great_a	14	3	2.1254	3	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A89755	An additional discourse relating unto a treatise lately published by Capt. Robert Norwood, intituled. A pathway unto Englands perfect settlement. Many things therein are more fully opened, several doubts and objections answered; a brief account given of the ancient laws, customs, and constitutions of this nation, before and since the conquest, so called. With something concerning the Jewish civil constitutions. With a brief answer to Mr. John Spittlehouse, in his book bearing the title, the first addresses to his Excellencie, &c.	Norwood, Robert, Captain.; Norwood, Robert, Captain. Pathway unto England's perfect settlement; and its centre and foundation of rest and peace.	1653 (1653)	Wing N1379; Thomason E708_9; ESTC R207149	39,963	68

Fore-fathers admit him one of their Community Common or Comune-wealth and so to be an Officer therein or thereunto until he had solemnly by Oath in the most religious and strictest manner bound and obliged himself to observe keep and maintain their Common or Commune Law the antient Laws customs and constitutions of their Ancestors and those inviolate according to the custome of the English Nation to which every other Officer and Englishman is sworn also and soby Oath bound to the strict observance intire upright and faithfull keeping thereof In the statutes of Marlebridg in the first place of all it was agreed and enacted that all men living of this kingdome as well high as low must and ought to submit to judgemens the same Marlbridg in one of his other Chapters saith That the great Charter is in all points to be duly kept as well in those things that concerned the king as any other and that writs should be granted freely against any that infringe the same Note And that this did reach the king before and not first granted by Henry the third and exacted from him and others by a conquering sword And the Myrror written for the most part before the conquest as it is called tells us from the Saxon Parliaments that the kings Courts should be open unto all plaints by which they had original writs without delay as well against the king or Queen as any other of the people Cap. 1. Sect. 3. In his next words tells us that in cases of life and death also the plaint might hold without writ Bracton he also although adoring Kings yet placeth them under the Law and in receiving justice and submitting to judgement he must saith he Be the least or as the least And Fleata saith the same he must be content to be compared to the least in receiving justice and that the Law is above him The Myrror in Cap. 4. Sect. 11. speaking how Lords are chalengeable by their Vassals and how Homage may be dissolved and adjudged by combat he concludeth of the King that if he also shall wrong his Vassals in see the same course may be taken Cap. 5. Sect. 1. He there complaining of seldome Parliaments which saith he should be twice a year so it was agreed by King Alfred as he speaketh in a section of his first book and by and by after calleth it the soveraign abuse of all that the King should be deemed above the Law whereas he should be subject unto it as in his Oath it is contained And in the first Cap. Sect. 2. he gives us the Kings Oath and the last clause is that he should and would be obedient to suffer as much as others of his People And in King Edwards Laws in the 17 cap. De officio Regis We finde it such a duty also that if he break it he should not retain so much as the name of a king for thus saith the Law Quod nici fecerit nec nomen Regis in eo constabit wherein is shewn what were the ancient Laws Customs and Constitutions of this Nation ordained and appointed by our Fore-fathers I shall next shew you from that worthy learned laborious and ingenious piece and from which I have onely collected here inserted with those you had before of that Gentleman 's so painful collections to whom verily we are not a little beholding for his great pains in clearing evincing and vindicating the English liberties founded in defended and maintained by the ancient Laws customs and constitutions of this Nation I may not name him because himself for reasons best known to himself hath denied it to us his book beareth Title thus Rights of our Kingdom or Customs of our Ancesters touching the Duty Power Election or Succession of our Kings Parliaments our true Liberty c. freely discussed through the British Saxon Norman Laws and Histories with an occasional discourse of great changes yet expected in the world London Printed by Richard Bishop 1649. You will finde throughout the same that Kings were elective and elected by the kingdome or people and the law or at least the custome for electing anointing judging and executing Kings among our British Ancestors and since all along how they were in all things subject to the law equally with the others of the people as is already shewed how when we had kings how straightly and strictly they were bound and limited for as I think I shewed before there was a time when we had no king In his 81. p. he there shews that the Lord Chief Justices the Lord Chancellor and Treasurer were chosen by the kingdome and not by the king Strab● speaking of the ancient Brittons as he hath it in another place saith that they chose their Generals and all great Officers Magistrates and that they abhorred for a long time the name of a king and Caesar that we had no kings or fixed common Governour in times of peace but for war they chose out Generals yea and that the Lords in Parliament were chosen by the Counties as appears by writs yet to be read from the Rolls of Edward 1. and how that by the common law and custome of this Nation all the Sheriffs do command the posse Regni in their severall Counties and that not only in execution of writs but they are also custos Legis Reipublica the keepers protectors and defenders of the Laws and the Reipublike or Common-wealth its all one as well as of the peace of which he is the principal conservator in his shire and County and that all the Sheriffs ought to be and so were chosen by the people and not by the king as is to be found in Hoveden in the Laws of the Confessor and in full Parliament of Edward 1. it was declared to be the law and custome of the kingdome and therefore so setled in the choice of the people And although in latter times some alteration be made herein by Parliament yet this affirmative Statute doth not annul the common law or disannul the peoples choice had they the wit or courage to elect their Sheriffs before they be pricked And that these so chosen by the people did come to Parliament Their Generals also when occasion was were chosen by the people as he hath it in another place the sole and whole choice of Constables Headboroughs greater men then themselves know themselves to be Coroners and others remain still in the people And Tacitus that our Ancestors did both elect and bound their kings and Generalls Rex ex Nobilitate Duces ex vertute sumunt and of their kings he saith their power was so bounded that he could not call it free and that it was in perswasion rather then command In the great Moot of Scotlands dependency upon England Edward 1. confessed and after him the Parliament both Lords and Commons that they were all obliged by oath to maintain the rights liberties laws and customes of the kingdom and they never would

An Additional DISCOURSE Relating unto a Treatise lately published by Capt. ROBERT NORWOOD INTITULED A Pathway unto Englands perfect Settlement Many things therein are more fully opened several Doubts and Objections answered a brief account given of the Ancient Laws Customs and Constitutions of this Nation before and since the Conquest so called With something concerning the Jewish CIVIL CONSTITUTIONS With a brief Answer to Mr. John Spittlehouse in his Book bearing title The first Addresses to his Excellencie c. In Paules Church Yard Att The Richard London Printed for Richard Moon at the seven stars in Paul's Church-yard neer the great North-door 1653. For the Gentlemen met assembled and sitting together in Councel at Westminster Sirs THe end of every good man is Peace and the Way of every truely-wise man is one and the same with his End As is the End such is or should be the Means thereunto To a peaceable End is therefore a peaceable Way required We all conclude in this That unto every certain prefixed End appointed by God unto man there is and of necessity must be a certain prefixed Way and Means appointed by him also unto that end and that in the finding attaining and continuing in the Way we shall certainly and assuredly finde and attain the End also Every man almost is found a strong at least pretender unto Peace various and several ways according to the various and several mindes and opinions of men being accordingly offered and proposed Materials for a Building are called for but contrary and unsutable things are brought which speaks us still much Nimrod-like in the building of his Babel We are in confusion without dispute may it be the time of Englands coming forth I know there is a set and appointed time for every purpose under the sun a time for War as well as a time for Peace O may it be the time of Englands peace and rest at least within it self in reference to it self I will hope I will pray I will beg and bow that it may I have therefore and unto this end with no little diligence made search for and enquiry after the way and means and have thus found and concluded That all the several Differences Disorders Dissentions and Wars and so consequently the Ruines Deaths and Destructions that have so constantly attended and befallen mankinde have principally if not onely been caused and occasioned from that desire of Soveraignty Rule Power and Dominion which some man or men do or would assume usurp and exercise over others whether in things Civil or Religious as we call and I know not why distinguish them or make them distincts or severals as if it were not Religion the Service and Worship of God to love our neighbour as our self to do good to be just righteous pitiful and merciful unto all men doubtless it is and it is pure and undefiled Religion too Why the six last Commands should be more distinct and several and by many set so much below the four first then all or any of the ten should be one from another I know not except for number sake onely or something there may be in order of Causes as we use to speak as the first and so the four first may be the ground of leader and directer to the other but there is not neither can there be any or the least difference in respect to their essence and being for the one is not neither can it be without the other and therefore as it is written He I am sure who breaks any one of them breaks all and every one of them such is their unanimous union And verily these Divisions and Undoings have and do divide and undo us all let it be look'd to Pardon this long Parenthesis And the reason of the aforesaid Position lieth strong for thereby is not onely the Law of mans Nature violated his Light extinguished his Lord suppressed but there is there with also a seed sown a foundation laid of continual Enmities Emulations Strifes and Contentions oft-times such which will not nor which cannot cease and that unto many Generations until it have again recovered and secured its own proper first native right liberty and freedom no not although it be with the utter overthrow ruine and destruction of him or them who have thus usurped Nay to tell you the truth as the truth is Except a very strong even an Almighty interceder interposer or interposition be made and come between to reconcile and unite there must be a constant and continual succession of bloodshed ruine and destruction even unto all eternity and it cannot possibly be otherwise as I could plainly demonstrate to you but that I hasten such and so great is the Enmity raised and begotten thereby And indeed the thing shews it self it is so at this day hath been so from the beginning of Nimrod's setting up which is so plain in the Scriptures and so visible through all the Nations and Kingdoms of the earth as that indeed it needs no other proof The Law of his Nature I say is thereby altogether violated he having the absolute entire Rule and Government of himself in himself inseparably united to him in his very essence and being so that none whomsoever upon any pretence whatsoever may or ought to chalenge assume or exercise in any measure in any kinde or sort any right or power with him or over him therein for he was made perfect and Perfection admits of no more of no supplement or addition for then not perfect but he was made up right in the highest perfection in righteousness in the image and likeness of God and therefore hath God given him this Command That he should have no other gods nor should he bow down unto serve or worship any besides him And this is the indubitable law of his Nature which he may not relinquish part with nor depart from neither suffer himself in any case to be robbed or bereaved of or overcome in by any temptations assaults or allurements whatsoever for so much and so far as he doth so far and so much is he still in the land of Egypt and house of bondage yea and brought under the power and dominion of darkness and death also as Adam was And God never did nor doth command or forbid any thing contrary to the Laws of Nature for that were to deny himself which he can by no means do for Natures Laws Bounds and Limits are all given set ordained and appointed by himself unto each and every thing according to the nature use and end thereof the breach and violation whereof is the very certain true and real cause and occasion of all the several evils or calamities that are in the world In a Book I lately published which I call England's Centre and Foundation of Peace and Rest I there shew that Rule and Government properly and truely is to rule govern guide and direct the thing or things to be ruled and governed in their certain