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A77282 A plea for the peoples good old cause: Or, The fundamental lawes and liberties of England asserted, proved, and acknowledged, to be our right before the Conquest, and by above 30 Parliaments, and by the late King Charls; and by the Parliament and their army in their severall declarations in their particular streights and differences. By way of answer to Mr. James Harrington his cxx. political aphorismes, in his second edition. By Capt. William Bray. Bray, William, 17th cent. 1659 (1659) Wing B4307; Thomason 763[7]; ESTC R207096 15,797 16

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commanded all our Justices that they shall from hence forth do even LAVV and execution of RIGHT to all our Subjects Rich and Poore without having regard to any Person and without letting to do RIGHT for any Letters or Commandement which may come to them from VS or from any other or for any other CAUSE suitable to this also hath all the Kings of England been obliged by the Sacred and inviolable Obligation of an Oath and therefore Saint Paul saith 6 Heb. 16 17. Men verily sweare by the greater and an Oath for Confirmation is to them an end of all Strife and that God to shew the immutability of his Counsell confirmed his promises by an Oath And in the first Remonstrance of Parliament dated the 15th of December 1641. you may find what Particulars were declared as grand evils Incumbrances Breaches and Inconveniences done against the Righteous antient Lawes and LIBERTIES of the People which shewes what the GOOD OLD CAUSE was originally declared to be in defence of which cause there hath been shed so much precious Blood Destruction of FAMILIES and many MILLIONS of Treasure spent I have been a little tedious in this partly because I saw an ingenious Pen take some just Cause of offence as I conceive from your Petition directed to the Parliament of the Commonwealth pag. 4. cited by Mr. Rogers in his Book called A CHRISTIAN CONCERTATION c your words he cites are these viz Your minds are not settled in any known Constitution of Government or Fundamentall Orders according to which all LAWS should be made The late King Charls in his Declaration published by advice of his Privy Councell in the Book of Collections of Remonstrances and Declarations printed by Edward Husbands by Authority of Parliament pag. 28 29. saith That the Law is the INHERITANCE of every Subject and the onely security he can have for his LIFE LIBERTY and ESTATE And in an answer to the Petition of the House of Commons 28 Jan. 1641. pag. 61. he called God to witness that the LAVV and LIBERTIE of the Subject should be as much his care and industry as of his life or of the Lives of his deerest Children And in the said book of Declarations of Parliament 19th May 1642. pag. 211.212 We are fully say they of the Kings mind that he might rest so secure of the affections of his Subjects That he should not need of Forraigne force to preserve him from Oppression and are very confident he should never want an abundant evidence of the good wishes and assistance of the whole Kingdom especially if he shall be pleased to hold that Gratious resolution of building upon that sure FOUNDATION the LAW of the Land Then their Remonstrance of Parliament May 26. 1642. pag. 263. That they would be tender of the LAW which they acknowledged be the Safeguard of all PUBLICK and PRIVATE Interests And page 657 and 666 That the Parliament raised the Army for their just defence and LAWS NECESSARY PRESERVATION when an Army was marching towards them to destroy them both And in the Book of the Declarations of the Army Printed by Matthew Simmons 27 Sept. 1647. After their then victory they hoped to to put an end to Tyranny and Oppressions that Justice and Equity according to the LAW of the LAND should have beee done to the People That the meanest Subject should fully enjoy his RIGHT LIBERTIE and PROPRIETY in all things which the Parliament had made known to all the world in divers of their Declarations to which they had so often bound themselves to perform by their OATHS VOWS COVENANTS PROTESTATIONS and the Parliament in the aforesaid Book of Declarations page 659 666 661 amongst other words declared that the Cause was That the Commonalty might enjoy in the maintenance of their LAVVS LIBERTY RELIGION their own BIRTH-RIGHTS FREEDOM and LIBERTY of the LAVVS of the LAND being equally intituled thereunto with the greatest Subject yet we hope say they this is far from any purpose to raise malice and hatred between them and the Gentry but rather to knit and unite them more fast together and the late KING CAARLES in his Declaration in the aforesaid Book of Declarations page 768 769. Confesses and averrs That the LAW makes the meanest Subject as much a LORD of his own as much as the greatest Peere to be valued and considered as by the said several Declatations will fully and largly upon perusal appear So that I have shewed some of the chief FOUNDATIONS of our Government which is unchangeable and which all personal authorities are subservient unto their greatest duty and care being to preserve the same inviolable and the People will be miserable if these FOUNDATIONS or any suitable superstructure to this FOUNDATIONAL RIGHT Government or Freedom be changed III. As to your third Aphorism you would have done well to have informed the People and Parliament of the Common-wealth of England wherein or in what particulars the Government by Lawes formerly in the time of Monarchy were imperfect or ineffectual that so they might have had some benefit by you by being made capable to know what you mean and how to redresse any Invasion upon our FUNDAMENTAL RIGHTS but a general Charge in the judgement of Law or Reason signifies nothing according to an apptoved Maxim in Law Dolosus versatur in generalibus IIII. As to your fourth Aphorism It hath been the Peoples misery that there hath been so many various Governments as you call them by Arms. But the use of Arms in a generally professed and pretended Christian and rational Common-wealth that hath such excellent Laws as we have must be only as contingent things and subservient to the Supream Government the FUNDAMENTAL LAWS of Justice Peace and Safety PARLIAMENTARY constant COUNSELS V. As to your 5th Aphorism It s hard to judge and averr that the People cannot see as well as feel and it is much if the losse of many thousand persons and Families several waies Millions of Treasure Destruction of Trade and all other sad inconveniences and consequences thereof should not make them see Indeed if you had said that a party of the People whose eys have swelled with fatness and have had more than heart can well or reasonably wish and who have had great and continual places of profit in the Common-wealth under every Power almost For these not to see because they have not felt I should have more approved of such a kind of Aphorism VI. To your sixth Political Aphorism I say That the declared end of this late sad intestine War was that we might have our peaceable Government by Laws abhorring all things of Force The GOVERNMENT by good Laws as ours are is just peaceable and certain The Government by FORCE cannot properly be called a GOVERNMENT but ought to be subservient to the Supream Fundamental Law and to the Supream peaceable PARLIAMENTARY Legislators or CONSERVATORS of that Law VII To the seventh Aphorism I say in agreement with you