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A26019 Reasons against agreement with a late printed paper, intituled, Foundations of freedome, or, The agreement of the people vvhereby it doth appear, that the particulars proposed in the said paper are not foundations of freedome, but of tyrannie and slaverie to the people, being destructive to religion, laws, liberty, and government, against our Covenant and protestations, and very dangerous and unsafe for the kingdom / by William Ashhurst ... Ashhurst, William, 1617-1680. 1648 (1648) Wing A3977; ESTC R16829 11,283 16

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Judges is not the Reason as good and much more strong that those multitudes who cannot be judged may erre and do evill by how much they are Acted by fancy and as they are possessed by others And according to their sudden and present Apprehensions rather then by principles Reason or Judgement neither are they bound by those Considerable Interests to seek the good and tranquilitie of the Kingdom that usually those have who are called to be Judges and especially they are not so obliged in duty to God because the Magistrates are called by God to be Judges therefore they must judge righteously as they will answer it to him upon highest penaltie The losse of their souls I might further shew that by the Morall Law the Law of nature and the positive Laws of God Judgement doth wholly rest in the Magistrate But this point being only for the more abundant clearing yet not of absolute necessity to this Reason I will insist no further upon it there being enough to demonstrate That if no man ought to be punisht for opposing any Law or Order of this Representative if they break this Agreement and that every man may be his own Judge whether they have broken this Agreement or no then although there may be a colour yet there is really no Authority in this Representative And if not in this which is to be made the Supream then much lesse have any inferiour Judicatories that shall act under them and so that great Ordinance of God Magistracy whereby he preserves humane society shall be taken out of this Kingdom Reason 9 Because this Paper allows a Toleration of Popery only with a restriction to the Magistrate that he shall not instruct or direct it publikely But both he and all the people that will may professe and practise it in their houses which is a large step to introduce the publike profession of it especially seeing that by gaining thus much this just plea will lie for the freedome of it That there is no reason to except Popery when those that are guilty of Atheisme the denyers of God or any Person in the Trinity The greatest blasphemers and cursers of God with those that professe any heresie or errour have their liberty and are not excepted and therefore by these principles in Justice Popery must likewise go out free although it may be judged no policy to speak it out at this time When I consider this together with the other parts of this Paper which only tends to divide those who have adhered to the Parliament and Kingdome in this cause and see what care is taken to the end we might be the better destroyed that nothing be proposed which might divide the common Enemy amongst themselves but they must remain intire and united which I did intend for a distinct Reason against the Paper This is a plain discovery to me that the whole was made and contrived by some Jesuite with the advice of some of the Kings old Counsellors although it is possible that some honest men may be coosened into the acting of it for them But to return to the point Here we have a Magistrate that hath neither compulsive nor restrictive power in matters of Religion but both he and the people are freely left to be of any Religion that they please or of no Religion if they please yet the Magistrate if it stand with his discretion shall have a Toleration to instruct and direct in a publike way all that will be instructed and directed by him for all are left to their liberty in matters of Faith Worship or Discipline whereby he is at liberty to instruct according to truth or in an error so that for the present it be not Popery yet in truth the best contrivance to build up Popery at last upon the ruines of Religion by Atheism and prophanenesse which the more it is considered the more it will be abhorred by all honest and godly men in the Kingdome If I had more patience I might say much more upon this Reason but I think this is enough Reason 10 Because it will leave Ireland to the Rebls and the Protestant party and Forces there to misery and ruine not only by our distractions but because the managing of the War of Ireland is in this Parliament wherein the new Representative will have no Authoritie Reason 11 Because it tends to divide us from Scotland the particulars held forth in this Agreement being directly contrary to the declared principles both of that State and Church and destructive to all the faithfull in that Kingdom both Ministers and people that have adhered to us in this Cause Reason 12 Because it destroies the Cause for which we have fought wherein so many Noble and Gallant Gentlemen and others have not only hazarded but lost their lives The quarrell first beginning upon the Kings imposing on the Power and Priviledges of Parliament and interrupting their proceedings Afterwards those that joined with the King in this Warre although it was so foul an act destructive to the Liberties of the Kingdome that they professed the contrary yet it was apparent that they did fight to destroy this Parliament Therefore to join with others to take away this Parliament by a forcible Agreement is to do the enemies work and give them the Cause And is against the great Trust which hath been and is given by the Parliament to all the Souldiers that have had or have Commissions from them wherein they are specially intrusted to fight for The preservation of this Parliament And when all Souldiers do well consider that without the Authority of this Parliament their taking up Arms were Treason and their killing of men were murther and that it is the Authority by which they have endemnity and present pay and security for their Arrears and that as the change of Authority would make many questions in other things so would it do in these It being also evident that as the Parliament cannot well be without their Forces so they cannot be without the Parliaments Authority Upon all these considerations the Souldiers have reason to be against this Paper which proposeth by Agreement to take away the Cause they have fought for Reason 13 Because although there were a quiet possession of all that is desired in this Paper yet it were not like to stand long the interests of all that are most considerable obliging them to be against the keeping of this Agreement For instance In reason all Kings will be against it for they and their Heirs and Successors are utterly excluded out of this Government The Peers will be against it there being likewise an exclusion of the House of Peers The Souldiers will be against it because it offers forcibly to take away the Parliament they have fought for whose Authoritie gave them a being as Souldiers and under whose Authoritie they act The Magistrates or people of that quality capeable of government will be against it because it leaves at the best
proceedings at home and to incur such dangers from abroad as would in reason be the consequences of this Alteration Reason 4 Because this Paper proposeth the absolute taking away of the power and Priviledges of the Parliaments of England which we are bound to preserve and maintain not only as Englishmen but as Christians most part of the Kingdom having solemnly sworn it to the most high God And one to another in the Vow and Protestation of the 5th of May 1641. wherein we further vow and protest to oppose And by all good wayes and means endeavour to bring unto condigne punishment all such as shall either by force practise or Counsels plots Conspiracies or otherwise do any thing to the contrary And likewise in the Solemn League and Covenant of 27th of Septemb. 1643. not onely we in this Kingdom but the most part of the Kingdom of Scotland have sworn to preserve the Rights and Priviledges of the Parliaments in both Kingdoms Now the Paper doth not onely propose to take away the Rights and Priviledges but the Parliaments of England themselves as they were constituted when these Oaths were taken to which the words according to the literall sense of them which is the rule of Oaths must relate for we could not swear to that which was not or to something that was only like a Parliament therfore no man as I conceive who hath taken either the Vow and Protestation or the Solemn League and Covenant can agree to this agreement unlesse he dare make himself guilty of most palpable notorious perjury Reason 5 Because it proposeth the taking away this unquestionable legall Parliament onely by a forceable agreement without any Authority And in the room of it to settle a Representative which hath not so much as a colour of legall right by which means although force and power may hinder this Parliament from acting yet the being of it cannot be taken away but by the like Law that made it So as we shall have a Representative that will pretend to a Legislative power and a Parliament who ought to have it both in being at once which may leade the Kingdom into miserable uncertainties and distractions when any number that will make an House of Commons and any number that will make an House of Peers assembled in any place within Westminster will have more power to make and repeal Laws then these Representatives although all were done that the Paper desires Reason 6 Because there is such a desperate encroachment upon the Liberties of the people of England proposed in the Election of this Representative it being a known Maxime in Law that no power could lawfully impose upon the liberties or properties of the people of this Kingdom but either by their particular consent or generall assent in Parliament where every man is represented But by this Paper as well all those who have been most faithfull to the Parliament and Kingdom and hazarded their lives and estates in this cause if in Conscience they cannot subscribe this Agreement as the Delinquents and Papists that are most of all obnoxious to the Law shall be debarred from electing or being elected yet they shall have Laws and taxes imposed upon them and by them who for number are the least partie in the Kingdom and by those to whom they give no consent nor trust which is as perfect slavery as any Tyrant could impose upon them Reason 7 Because the declaring of Agreement with this Paper by Subscription will not onely be a means more to draw but also to keep those who have adhered to the Parliament in this cause in parties factions and divisions For after they are once all distinguished by subscribers or non-subscribers it will make them more strange one to another and to withdraw that affection and confidence from each other that is necessary for them as Christians and as wise men who should rather studie how to finde out wayes of Union for their mutuall preservation against the Common Enemie then take this course which I fear may prove a way of great danger to us because it will increase jealousies in those who must be non-subscribers that though they are now only made uncapable of publick trust and imployment yet they are not secure but they may be proceeded against further afterwards by the new Representative unto high if not the highest punishments which doubts and fears will increase if the Supreame Power be wholly put into the hand of a party who differ from them in principles of Religion and civill Government and they have no visible security before-hand to enjoy Religion and their Liberties the want of securing whereof as it made many of them refuse to agree with the King so will it binde them from agreement with any Power on Earth upon which ground it is to be feared they cannot but look upon themselves as under oppression both in their Liberties Properties and Consciences wherein I speak the more freely that every man might labour and endeavour to prevent such breaches especially amongst those which fear God and that none of them might adhere to this Paper wherein it is especially to be noted that all the distractions divisions evils and inconveniences that shall happen upon either subscribing or not subscribing is onely to those who have been united in this cause the Common Enemy being thereby strengthened united and kept from the rest of this Subscription Reason 8 Because this will tend to the utter subverting and taking Away Magistracie and Government out of the Kingdom not onely by placing such a supreame power under whom all subordinate do Act as at least will be disputed And thereby that distance and Reverence that God hath put upon his Ordinance of Magistracie being removed it is like to fall into Contempt But by this Paper the Laws and Orders of this Representative shall not binde or be of any force even to those who agree and subscribe to the Paper For although it seems to put the penalty of death upon the resisters of their Orders yet there is one little exception that makes it lawfull for all men especially that have power to resist and disobey them the words are these Except such Representative shall expresly violate this Agreement which leaves every man to be a Judge of it there being by this Paper no other power Intended to be Above this Representative to judge it Nor doth it Appoint either how or by whom this Judgement shall be made Therefore every man that will but say they have broken this Agreement and hath power to make it good shall not offend but justifie his disobedience or opposing of their Laws or Orders by force And where there is this principle that Judgement is out of the legall Judges there can be no Magistracie Authoritie or Government It is true that there being no perfection in any thing here belowe all Judges and Supreame Authorities may erre and do evill but if upon that ground any multitudes should be their