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A90360 Englands monarchy asserted, and proved to be the freest state, and the best common-wealth throughout the world. With a word to the present authority, and His Excellency General Monck. Peirce, Edmund, Sir, d. 1667. 1660 (1660) Wing P1061; Thomason E1016_16; ESTC R203179 12,318 16

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us as it stood twenty years ago which though truly Monarchical yet did it by a frequent Refining of it self upon several occasions rejecting the evil and retaining the good of all the known best Governments in the world raise it self to such a mirrour of perfection That it became the envy of Monarchies and shame of all Common-wealths who therein might behold themselves so ecclipsed and silenced in all the pretentions to Liberty and Freedom That it might be truly asserted of us That with the most Choyce and signal ornaments of the Noblest Kingdomes we injoyed all the Immunities and Priviledges of A Free State and Common wealth And although All nations have their several and peculiar Rights and Freedoms yet none so truely free as the people of England can they be but so happy as to keep their fundamental Laws inviolate and unshaken The Excellency of these our Rights and Freedoms confist principally in these Particulars following 1. That we cannot be disseized or charged in our Freeholds Franchises or Goods but by Law or our own consent and that in a Free and lawful Parliament and for the publick good onely 2. There is such care taken of the Liberty and Freedom of our Persons That none ought to be straitned or imprisoned but by a lawful Magistrate The cause of the imprisonment is to be expressed in the warrant and prosecution within a fit time to be made or the party to be delivered by a Habeas Corpus which the Judge cannot deny and if anundue or illegal commitment be made it is actionable at Law against the Officers who are instrumental therein 3. That no Law hath force to bind but such as by our own allowance hath been or shall be established by the soveraign of the Nation or else hath beenreceived ab antiquo by the constant usage of the People 4. No Judgment concludes us but such as is passed be ore Magistrates of our own nation who ought to be ordinarily called duly authorized and legally sworn to do us justice according to the known Laws of the Land 5. All our proceedings and Trials at Law ought to he publick to our greatest ease viz. in the open view of the County Hundred Society or Corporation where the cause of action is supposed to be given 6. Every particular person in matter of Crime or interest is Triable onely per pares his equals fellows or Neighbours who make the said Trial upon their corporal oath from which form of Trial in point of right the Soveraign himself cannot plead exemption 7. That Justice according to Law and that form of Trial cannot be sold delayed or denyed to any person whatsoever These are the chief heads of the Rights Freedoms and Liberties of the People of this Nation firmly setled and established under Monarchy which together with other particulars collectable out of that above thirty times confirmed Magna charta and the Petition of Right and what were granted by the late King in his last and never to be forgotten Parliament sure such a stock of Immunity and Freedom for a people that all the Free-states and Common-wealths that are or ever were extant in any place throughout the whole universe may be justly challenged to shew if they can the like Liberty and Freedom for their Citizens and Subjects We may truly say that the Peoples Liberty walks with equal pace at least and stands upon as firm if not firmer ground than the Soveraigns Prerogative nor are they esteemed less tender and sacred For upon the least infringement or violation of what belongs to the people in point of Liberty and Immunity far more loud alarms have been alwayes given to the whole Nation Then have been taken by Soveraigntive when the very bowels of Prerogative have been deeply gashed and in a manner quite torn out Some experience we have of late years had of a Common-wealth as it was called here amongst us viz. from 1648 to 1653 and strange unknown Guardians it had set over it and as strange and unheard of acts of violence and arbitrary exorbitancy It was most freequently guilty of such as have cause enough to be by all remembred and surely cannot easily be forgotten And so though in a very faint and staggering condition it continued acting its illegal cruelties upon all occasions and that with all severity until that fate befell it which happens to most of that sort and kind though of far better frame and constitution than can possibly be ever expected amongst us which is that unless it can Truckle under some potent Neighbour Prince shall be sure to be invaded by Usurpation debauched by Oligarchy or confounded by Anarchy And this how often since it hath in this short time been our own case it may with sadness enough be remembred by us For how is it probable or indeed possibly to be expected that any Government erected and established by inequality and force as ours must needs be if we desert our old foundation can ever subsist and fasten without an exorbicant and all-devouring power and force to uphold and maintain it And on whose shoulders the burthen of that must needs lye the grand and standing Treasury and Revenue being exhausted and squandred into private hands and all publick Monies or rather indeed Rapines passing through the pitchy claws of such State harpies as we have already had experience of and such or their like as cannot but be expected hereafter it is easie enough to be conjectured In which and manifold other respects It is impossible to be imagined otherwise in reason but that the little fingers of our upstart Lords and Staes-men of such an empty new-rising State be the Rota or whymsical wheel terning or standing still cannot possibly but prove more heavy and weighty to a tame and tired people then the whole loyns of a Free born Heir and of an ancient Monarchy setled as this is whose Reputation Title and Self-sufficiency will be supersedeas enough to the peoples discharge of whatsoever may but look like oppression to them And should we after all our expence Toile Torments of faction and such emptying of our selves fix and settle at length into such a degree of possible permanency as that we may but seem to stand a high-lone though with the prop of an army For that in no case must be left out what Alarms and excitements should we presently give to all our neighbours by our new upstart and strange shape What State soloescisme should we be guilty of and very probable provocations to all our best Allies And their being several Dormant accompts in the memorials of Princes abroad who watch but for their opportunity and advantage can it in reason or prudence be otherwise imagined but that in the conclusion we must be forced to admit of theirs or at best our own Soveraigns conquest upon us Besides how will our State-crastsmen sodder up the business about those two ancient Monarchies of Scotland and Ireland And whether they will be long
Englands MONARCHY Asserted and Proved TO BE The FREEST STATE AND The BEST COMMON-WEALTH Throughout the World WITH A WORD to the Present Authority AND His EXCELLENCY GENERAL MONCK LONDON Printed by W. G. for Richard Lowndes at the White Lion in St. Paul's Church-yard 1660. Englands Monarchy Asserted and proved to be the Freest State and Best Common-wealth throughout the World With a Word to the present Authority and his Excellency Gen. MONCK HOw doth the Press labour in this Scribling age under the burthen which is put upon it by every wilde and brain-sick fancy of our Republican Candidates each of them according to the length of that Worm which is crawling in his head flinging in his Paper myte though of never so base and counterfeit stuff towards the erection of that which is supposed in his opinion but to look like matter of Defence for this Utopian thing of a Common-wealth so much noysed and talked on amongst us Though to sober and judicious persons It cannot but be known that the least blast proceeding from unbyassed solid and impartial truth and prudence scatters as to us of this Nation all those empty Nothings which seem to make such a fine and Gawdy shew into meer ayr and bubble For let the pyth and substance of all even the best of that matter for some there is so frothy and full of filth that the very reading of it nauseates that hath been said or writ on this subject be pickt out and but narrowly survey'd and considered and what doth it all amount to more than what as it relates to us the applying of one short Distinction takes off the edge of all in it which looks like any thing of Logick or Sense It may surely be acknowledged That It is possible a People may live happily enough under any of the three chief forms mentioned in Story viz. Monarchy Aristocracy or Democracy so they have good Laws and good Magistrates The form in that case doth not perhaps much add or diminish But to prefer any of the two last before the first is to deny that faith and experience which all good History hath taught us And as the case stands in this Nation where Monarchy is more ancient than History it self and so venerable and acceptable to the spirit and genius of the whole body of the People of all sorts our Laws the absolutely best in the Christian world being graffed into that stock and having their birth and breeding under that happy Government To attempt or any way affect the Desired alteration were nought else but to Renounce and bid Defiance to our reason and understanding Were we a people newly Dropt from the Clouds and now to begin the setling of a frame of Government for our selves The best Directions we could gather from all that hath hitherto been said or indeed possibly can be excogitated by the wit and invention of man to recommend us to that which some persons for their vile and ugly interest and ends so much hanker after hath their whole fabrick built upon such suppositions as no rational or prudent man can possibly suppose all arguments for it Taking for granted That which never was is or indeed can be sound amongst men clothed with corrupt Mortality But when we are already under such a constitution as is premised and which is the chief matter of the subsequent Discourse To ravel all our Laws Dig up such ancient Foundations and unsettle that firm Bottom which hath for so many ages rendred us an opulent famous and flourishing people It would be such a peece of folly and madness That any Potent neighbour Prince may surely have just cause to think that by the Law of Nations he may invade and possess our properties upon the Title score and accompt of Idiotism Lunacy or Phrensie It is possible That some otherwise very eminent and worthy persons may by the subtilties and insinuations of others be so far mislead as to think very gloriously of that which is so much talked on and so little understood A Free State or Common-wealth and that the true and real essentials thereof cannot be had and enjoyed but in and under such a popular frame and constitution as they fancy These subtle men know well enough that there is no easier way to cheat us out of our best condition than by the hopes of enjoying it in a better manner and under a fuller freedome And some of them know also as well as the best sort of their bribed Pen-men That there is a great and vast difference between the form of a thing and the essence of it The confounding and not distinguishing whereof in our considerations upon that subject But being so presented as if the one were not to be had without the other is that which gives them such advantage to insinuate their corrupt and crafty beguilings to such upon whose capacities and understandings they have hope to impose and prevail And although their owne sinister and vitious ends therein is so manifest and notorious every body knowing well their inclination temper and disposition and what it is they hereby aim at viz. Not to be in the least hazard or fear of punishment or restitution for whatsoever acted or rapin'd by them during the late shakings and convulsions of the Times for though they are or may be undoubtedly assured of an obsolute and certain indempnity and a full and free injoying of what they are so fearful to be deprived of yet oh the fright and terrour of a guilty Soul That will not serve the turn They cannot rest in quier nor in joy any calm thoughts unless they tare up all by the roots and utterly demolish all footsteps of that Government and those Laws which may in any sort continue the least of fear hazard or danger upon them And whatever other fair and specious pretences are made of a Free State and Common-wealth and other glorious and glossy things to delude and captivate vulgar apprehensions Yet their own consciences cannot but tell them That from this corrupt stem and root alone springs all these fine Gawdy and Republican leaves and blossomes For this is openly manifest That whilst some Grandees of this sort sat tat he stern although their discords in all other things were almost infinite yet they still agreed in this to destroy our fundamentals in order to complete their designs and secure there own empty and pannick fears and jelousies which ingaged all sober and judicious persons to detest their way and courses and more firmly unite themselves to the true loyal interest at abhorring those violent confusions and destracting alterations amongst us which they saw this Free state or Republick must of necessity introduce Now that this their fallacies of thus contunding the formalities and essentials of a Common-wealth together And insinuating the non-possibility as it were of the one to be without the other may the more clearly and fully appear Let us reflect a while upon the Government here amongst