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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

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nor could consent that the king should if he would act against them The Writs also in king Iohns time required all men of all conditions to oblige themselves by oath to maintaine the great Charter and to compell the king thereunto which laws of king William with those of the Confessor were afterwards confirmed by king Henry 1. as appears by his Charter not only in the Exchequer a copy of which was kept in every County and the same Charter was again confirmed by king Iohn and again by Henry 3. and so it came into the great Charter and confirmed in more then 30. Parliaments You now see it plaine and without dispute that no man or men whomsoever have any rule power or dominion over others no more then others have over him or them and that the greatest even Kings themselves have acknowledged confessed and granted so much that we are all equally alike subject to the ordinances customes and constitutions of our Fore-fathers the laws of this Nation and that they and they only are the only and alone Rulers and Governours over and unto all and every one of us And verily if any man or men whomsoever may in any true and proper sence be said to be subject to under the power dominion rule and government of another it is certainely those we call our Rulers and Governours they being chosen ordained appointed and intrusted by the people unto their work and service for to perform do and execute their commands orders and appointments still in and according unto Law And verily none else whomsoever may or ought without greatly transgressing the Laws of God the Law of mans nature and the Law of this Land as is fully proved already Hence they are rightly called Officers and Ministers of the Commonwealth Officers and Ministers of such and such a Place Office Court or People in reference to such and such a work business and imployment therein or thereunto belonging receiving a wages stipend or salary for the same are therefore severally most certainly accountable for their several trusts unto those from whom they severally receive the same First by their undertaking that Office Place or Ministration in which very act they have made created or begotten a contract and trust unto themselves for no man takes and executes an Office but it must be from and so in reference unto another according unto which contract they do therein and thereby firmly binde and oblige themselves unto a true real and faithful performance thereof of which you may see more in my forementioned Treatise Secondly In that also they receive a wages stipend or salary for the same as the most if not all of them do upon this ground and foundation it stands upon this account or for this cause and reason it is that all our Kings we accountable and did several of them account unto the people and suffered also for the breach of their trust for their irregular unlawful and unwarrantable execution of their place office trust thereby breaking and violating the same and their Oath also taken in their admittance thereinto which every publick Minister or Officer likewise taketh before his admittance into any office of trust whatsoever Every King of England had a Wages Stipend or Salary allowed him by the People some more and some less some more at some time then at another at the discretion of the People this was one ground also why the Captains of war or Generals were chosen by the people be cause they received their Wages Stipends or Salaries from the people and their trust and comission also for which also and according unto which they were accountable and did account likewise so also the knights of Shires chosen intrusted and deputed by the people and in their behalf as in their steads and for their service to sit in Parliament received Salaries from the severall Shires for which they served so that servants they are also unto those who chuse them And the matter is most plain and evident in kings who did ever first swear fealty to the Commonwealth and laws as their superiours or leige-Lord before the people swore faith to them Therefore would not our fore-Fathers as you see allow or give the choice of any publicke officer or Minister whatsoever into the hands or power of their king when they had a king nor suffer him to chuse any because they should not be as servants unto him himself being but a servant unto them lest by their chusing of one another they should become of servants to be their Lords and Masters as in truth it came to pass Hence was it as you have seen that the Lords in Parliament or Barons were chosen by the People and not chosen or summoned by the King for their creation or being was anciently and at the first from and by the people only and not by the king by Patent or Creation by choice or election from or by him but by the election and choice of the people onely but when once the people had suffered this incroachment by their kings through disobedience to revolting and backsliding from the laws ordinances customs and constitutions of their Fathers they quickly saw and felt the miseries inconveniencies and mischiefs which followed thereupon how those whom they had ordained and appointed their servants by their electing and chusing one another of servants became in very deed and truth their grievous oppressing and tyrannizing Lords and Masters and how much blood and treasure hath it cost us since to redeem our selves Take heed of a relapse And verily it is almost impossible it should be otherwise as I could plainly evidence but I must hasten Certainly he who chuses makes and creates cannot but have a very great influence upon the party chosen made and created and the person so made created and chosen cannot but look up unto have an eye upon and especial respect and regard of bend and bow unto him that made and created chose or elected him it is his duty they are in their very nature essence and being relatives and relatives must needs reciprocally answer each other in their ways and ends Hence the Commons onely chose all their publike Ministers and Officers from them onely did they receive their trust that so their eyes might be onely upon them and they onely serve the common good But those who lately were now are not but both they and theirs turned out of doors Our fore-fathers verily were very wise prudent and provident O that we would tread in their steps and so honour them cleave to their Laws and Ordinances I beg every man to take heed God is my witness I am enemy to no man or men whomsoever nor do I envie any but would from my soul the good the peace and welfare of all and every one and will lye at the feet of all or any one to do him real upright and faithful service it becometh man to be faithful for he after whose pattern and image
the breach thereof ought to be attached secured tryed judged and punished according thereunto for so doing he having power therein or in such case and cases to raise the power force and strength of the County if need be each and every man in each and every County respectively being bound and obliged upon his command and require to aide and assist their respective Sheriffs therein also with the hazard of their lives against any to all who shall oppose the same without distinction of persons offices or places even against the King himself when the Nation had a King This was the onely very true ground and cause of our taking up Armes at first the General being but as high Sheriff of the nation to bring those who by force of arms kept themselves ●●om the judgement and execution of the Law when they had broken and violated the same the peoples liberties and freedoms therein and so the common or Commonwealths peace which every one so far and so much doth as he violates and breaks the laws thereof And I do confess that it was upon this ground and this ground onely that I took commission and accordingly ingaged A little farther You have had proved unto you that all the Kings of England were before their admittance into that office or place sworn duely and truely to observe keep and maintaine the Ordinances Customs and constitutions of our forefathers the ancient fundamental Laws of this Nation inviolate or the laws customs and constitutions of our ancestors as the old records call them I chuse rather to call them by the name of our fathers that because we are commanded by God to honor and obey our fathers They were also sworn to confirm all such other JUST Laws as the Commons or the people should chuse it's all all one but they must be JUST else was not the King bound to confirme them nor none else to keep or observe them but to loath derest discard cast and throw away such laws though made by the best of Parliaments if they be found dissonant against or contrary unto the antient fundamental laws principles customs and constitutions of this Commonwealth in and by which the very real and true freedome and liberty and so the peace and quiet of all every one therein is fully perfectly and intirely kept preserved and maintained even as Nature doth in the natural body that which is against contrary and destructive to the fundamental laws and principles thereof it loaths detests casts up and throws out because it is destructive to its peace and rest to its being and so the cause of death For which cause that no such thing or things might be made or done to the annoyance and disturbance of the peoples peace and being did all the antient Judges in the law as we call them attend the Parliament to advise them therein keep and preserve them therefrom So that it appears there ever was is and of necessity must be a rule measure or standard by and according unto which must all occasional statutes or by-laws as they are called proces and proceedings in or by Parliaments be exactly and perfectly made and done as there is or should be in and unto all things else It becometh not wise men and men in councel to run hand over head as we use to speak to do things and make laws at hap-hazard if they intend their observation and execution it is a shame to see what Ordinances and Acts of Parliament as they are called have been lately published few or none whereof will be found to hold weight and measure To think that Acts of Parliament must therefore be observed and performed and executed because they are Acts of Parliament is most ridiculous for Parliaments may make Acts by which they may make sale give seisin and possession of the people of the land and the land it self unto themselves and some forraign State were this to be observed done or executed think we because it is an Act of Parliament The Parliament declared otherwise of King Johns Act to the Pope when he sold the Kingdome unto him No all such Acts as is before said are void and null in themselves be they made by Parliaments or any other whomsoever as every unjust Act and thing whatsoever is and may not be observed except to be shunned and avoided performed or executed by any whomsoever This was the end I say of those knowing and experienced men in the Laws and Constitutions of this Nation attending there that so there might not be any cause or occasion of disorder or breach of peace which such Laws and proceedings have often occasioned which Rule or Standard is and of necessity must be JUST the just and true freedoms and liberties of the people which is undeniable by any to be as perfectly free as God and Nature hath made them and how free that is I have shewed you before or as an English King said he desired to make them and leave them as free as their owne thoughts Or thus that no man or men whomsoever may bear rule have any power or dominion over them or theirs without their owne consent election and choice to which the laws of God of Nature and of this Land agree beare witness command ordaine or appoint Or thus that nothing be done offered or attempted to be done but as we would should be done unto us Would any of us that any man should without against or contrary to our owne consent put impose or force a Master over us and upon us or if a Master That any should put impose or force a Servant upon us as aforesaid would we that any man or men whomsoever should take us up in the streets and carry us away it may be from our Wives and Children and compel us to fight besides against nay contrary to our minde and will I tell you it is a very great wickedness and a wickedness which God will severely judge So would we that any man or men whomsoever should without our consent take away our estate by or under any pretence whatever without our consents Every man in England will certainly say No and nothing is more contrary to the laws of England then thus doing nor any thing accounted a greater breach of the Peoples liberties and in truth it puts them in a worse condition then were Villains in the times villanage But to require absolute obedience without limitation wereharder much and more unreasonable and unjust then that contract tendered by Nahash that they should be protected by him on condition they would put out their right eyes He was content to leave them one to see withall absolute obedience leaves us neither but strips us quite of all and makes us beasts not men which we may not yeeld unto any no for the sake of any man or men whomsoever Let us a little consider the case of Villanage as it was once in this Land My Author hath it thus in his 14