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A80044 The foundations of freedome, vindicated: or, The reasons of VVilliam Ashurst Esquire, against the paper, stiled, The peoples agreement, examined and discussed. Wherein it appeares, that the particulars proposed in the said paper, are no foundations of tyranny and slavery; nor destructive to religion, liberty, laws, and government, as is pretended: but foundations of freedome for this poore deluded and enslaved kingdome. / By William Cokayne, a wel-wisher to Englands freedomes; but an opposer of tyranny and oppression in any whomsoever. Cokayne, William, fl. 1649. 1649 (1649) Wing C4904; Thomason E541_25; ESTC R14353 9,316 15

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THE FOVNDATIONS OF FREEDOME VINDICATED OR THE REASONS OF WILLIAM ASHURST Esquire Against the Paper stiled THE PEOPLES AGREEMENT Examined and discussed Wherein it appeares that the particulars proposed in the said Paper are no foundations of Tyranny and Slavery nor destructive to Religion Liberty Laws and Government as is pretended But foundations of Freedome for this poore deluded and enslaved Kingdome By WILLIAM COKAYNE a wel-wisher to Englands freedomes but an Opposer of Tyranny and Oppression in any whomsoever Every man seems just in his owne cause but his Neighbour comes after and tries him LONDON Printed for John Harris 1649. To the Reader REasons against Agreement however besmeared with golden phrases are too much I feare studied by such whose endeavours are to keep us in bondage under an Arbitrary Government where will must be undisputable law whose finger will prove heavier than their Fathers loynes as in part appears by the Reasons against Agreement which title had it there stayed had most suited the subject whose seeming sugered words are mixed with wormwood promising fairnesse but viperously stinging the poore despised Army as endeavoring to enslave and ruine the Kingdome which under God they have so oft miraculously preserved to alienate the Peoples affections from them instead of a reward answerable to their long and tedious miseries and to divide them amongst themselves thereby to obtaine what neither violence of protested Enemies nor subtile devices of pretended Friends could yet doe endeavouring to starve them for want of pay as not worthy of their wages when done their worke or to live under and amongst those they have sacrificed their lives for But as God hath hitherto owned and honoured their undertakings so I trust will maugre the malice of all Calumniators I doubt not but the Gentleman is already Answered by abler Judgments yet being thereto importuned as concerned with others in the Kingdomes freedomes I have though the unworthiest of thousands cast in this small mite which of it prove like the stone from from David's ●●●● let God have the honour All I desire from 〈◊〉 〈◊〉 Reader is impartiality who not being overpoised in a regall ballance may without forestalledness weigh what is written and if in any thing I erre from right principles to convince me by sound reason and I shall be induced easily to close with him and freely renounce what I have written Farewell REASONS against the foundations of Freedome or the agreement of the people Examined I Shall now proceed to the Reasons which for the most part are but his own suppositions fighting with his shaddow and putting down the fabrick himself reared For First he saith it proposeth that the People Reas 1 or rather a small part of them may agree to alter c. But how such conclusions can be squeazed from it I see not seeing what is written is but propounded to the Parliaments considerations and as they see cause to Act and if we way not declare our pressures as also propound wayes of redresse to our Trustees what are we but perfect slaves And is there the like equality in taking away mens Estates and Lives as in altering the choice of Members where the divisions are so unequally distributed as to have ten or twelve in some Countries and but four in others not inferiour to those but I cannot much blame him for so strongly pleading the interest of that County himself is a member of And what president or ground can it be to any be they few or many to attempt such things he mentions from what is propounded by the people and assented unto acted by the Supreme Judicature in the Kingdome the Parliament And it s no wonder he fears mutation all men being mutable having so fresh a president from those who should be the Kingdomes supporters as no Addresses Addresses and no Addresses Vote out in and our again not acting by Fancy or suddain Apprehensions but forced through the prevalency of corrupt interests in some which also became a midwife to that Monster viz. a Treaty with a conquered Eenemy Reas 2 He saith it is unreasonable c. If the inconveniences be not sufficiently discovered by the many thousands slaine in these unnaturall bloody Warres with the persecutions and oppressions of old acted under this so much applauded Government to the ruine of thousands what would we have more to doe it And hath not eight yeares time been sufficient to debate it and finde out remedies for it though the Gentleman wants patience in other matters yet it seemes he hath patience enough to see the Kingdome by groaning under Tyranny and Oppression almost ready to give up her last breath but seeing the disease through delay is become gangrenous and through overly daubing corrupt at heart its high time to seek out a sharp Chirurgion and lance to the bottome yea and cut off too by impartiall Justice rather then destroy the whole Body which are reasons sufficient for so great a work Reas 3 The third reason is from King Lords Protestations Experience former Warres and Kingdomes distractions Are Kings and Kingly Government of divine Institution It s true Government is but whether by Kings or otherwayes is of man a humane Ordinance and not by a holy unction from God by peculiar immediate command from God but elected by a People So that the same Power which sets up may pull down when the cause is Just the right understanding whereof as also the vast difference between Israels Kings and ours would remove the vaile from the peoples eyes that they would not so much adore the name and person of a King especially when we see their ambitious nature mounts them up so high that nothing will content unlesse all must be their slaves As for the Lords when either themselves or the author have cleared their rightfull sitting in the Supream Judicature of the Kingdome for and over those who never called nor entrusted them being meerly the Kings creatures it might with more colour have been objected And what if the Parliament protested to maintaine such a Government I suppose it was before they had that experience of the evill of it they now have and must their Protestations be of more weight now then the Kingdomes safety and Peoples freedomes so as to restore those to their former Dignities who have left no meanes unassayed to enslave and ruine us And to reflect back upon your hundred years of experience under what Government was the Marian Persecutions your Butchers and Bonner your Ship and Pole Monies with thousands other Monopolizes and Oppression under which this poor Nation hath so long groaned And doth not experience tell us that almost every Age hath had a new Religion established by humane Law and yet all of them persecuting the Saints and was it not at present posting after them though under a new garb with no lesse rigor and violence then their Predecessors had not divine providence prevented And what if in former Wars the people
Successours as they pretend let them use the Apostles weapons and not turne the Sword of the Spirit into a Sword of Steele And whereas he saith the Paper was made by a Jesuite or the KING 's old Counsellours and it tends to take away the Regall power is a contradiction a riddle cannot be unfolded Reas 10 Is the Irish Warres c. If this Parliament had authority to begin them may they not be prosecuted by the same power when it s dissolved unlesse their power die with them I meane what they have done during their sitting when dissolved then to what purpose are they unlesse to keep us in a fooles paradise for a season and returne us againe to our old slavery and all because the KING will not assent if the Warre was lawfull it may be prosecuted by a new Parliament if not why begun Reas 11 Is the Scots interest which if it stand in opposition to our Freedomes it seems we must couch and return to our old slavery rather than hazard their frowns so that our freedoms must depend on the Scots and what we may expect from them let the last Summer judge which was acted not by a few but their Supreme power the Parliament so that it seemes Parliaments may erre and be opposed also and that the People may judge of it which serves to Answer part of his 8. Reason else why did we justifie them that opposed and suppressed the Parliaments force to exalt them and if those who were freed from slavery by meanes of that now so much despised Army shall attempt to second their Brethren for King and Presbytery which I hope they will not I doubt not but they will meet with the like entertainment Reas 12 Because it destroyes the Cause we have fought for and doth the Enemies worke c. The Enemies worke was to set up an arbitrary King and to destroy not onely this but all future Parliaments against which we engaged and not to set up the same tyranny in King and Parliament all the Paper proposeth is a dissolving this Parliament not by force but willingly to give way for another that the People may be free who did not chuse Trustees to be their perpetuall Lords and if it was so high an attempt in the King to impose upon Parliament Priviledges being the supreme power is it not much more to King and Parliament to impose upon the Peoples Liberties who under God are the originall of all just power as the Parliament declares so that the power and priviledges both of King and Parliament are from the People therefore if they stand for their just freedome against tyranny whether of King or Parliament it s no doing the Enemies worke And for being Treason c. what was done was by Parliaments power but suppose it had not the People being originall of all just power and salus populi the supreme Law if the Parliament had deserted them and adhered to the KING's interest as many did they might have oppugned both unlesse we be bound to sit still while our Masters tread upon our necks to mount the chaire of tyranny yea cut our throats I know not what Law the Authour may have for it I am sure neither the Law of God nor nature will warrant it I suppose those of the Scots who opposed their Supreme power and joyned with our Armies will teach us something so that this is but a bone cast among the Army to divide and breake them that their Enemies may with more facility act their cursed designes to enslave both them and us Is but a repetition of most of the rest to blind the Readers eyes by multiplying words to which I referre the Reader Reas 13 onely thus much by the way that none of those he mentions will be against the Paper or most of it but such who are engaged or interessed in the Royall designes and that hope by advancing an Arbitrary Government in the State and a compulsive persecuting Government in the Church to be the Kingdomes Masters And of the rest such as know not their owne freedomes are content to be Slaves in peace or such as would have none to live with or amongst them but of their owne Faction that will say and act as they doe and be of any Religion their Lordly Masters impose upon them I have done with his Reasons but shall touch some of his strings in his Generall Observations especially that of the Priests who as they have blowne the coales of contention in our late Warres so are still active to preserve their owne corrupt interest interweaving themselves with the Magistrate not being able to stand upon their owne bottomes dare not trust Christ from whom they pretend their Commission I shall leave his profession to his own Conscience whether his tongue and heart agree and the Reader to these lines to trie on what basis he stands I come now to his Generall Observations upon the particulars prepared for the new Representative viz. no Death but for Murther no Imprisonment for Debt no Tythes no restriction of Trade no Lawyers nor Lawes but in English and Twelve men in every Hundred to end all Differences but seeing he leaves some of them untoucht I shall also And first I shall not take upon me to assert that none ought to Die but for Murther but that punishments should be more equall to offences were meet and not to take away mens lives for such triviall matters as in some Cases by our Lawes whereas God in the rigour of the Jewish Law never required it which is to make our selves wiser than God and certainly the reasons why our Lawes are so ineffectuall but rather harden men in their exorbitancies is the inequality of them in exacting what God never required and undoubtedly we might expect a greater blessing upon them if they were more equally proportioned to Offences but here I observe that he would insinuate to the People as though the Paper propounded to have Lawes made in favour to encourage men in such enormities as he mentions which is a grosse I say not a willing mistake whereas an equality of punishments to offences is onely desired Equity being the rule we should act by neither doth it propose to take away the Law but to have it in our owne Language that every man may know the Law he is bound by and what evill can that be to any except to the Lawyers who make a prey of the Peoples ignorance and therefore would still keep us under that slavery for what greater slavery can People be under then to be bound by Lawes they cannot understand but must take them on trust from such as make a Trade of it And if we had fewer Lawyers and more Hundred Courts we might have more honesty and justice and not so many poore People ruined through tedious delaies sometimes two three foure yea six yeares before they can have justice and happily not then neither And if our Lawes were in English we