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A52748 The case of the Common-wealth of England stated, or, The equity, utility, and necessity of a submission to the present government cleared out of monuments both sacred and civill, against all the scruples and pretences of the opposite parties, viz. royallists, Scots, Presbyterians, Levellers : wherein is discovered severally the vanity of their designes, together with the improbability of their successe and inconveniences which must follow (should either of them take effect) to the extreme prejudice of the nation : two parts : with a discourse of the excellencie of a free-state above a kingly-government / by Marchamont Nedham, Gent. Nedham, Marchamont, 1620-1678. 1650 (1650) Wing N377; ESTC R36610 87,941 112

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head which was worn afterward by his Sonne Elab till he likewise was slain and the Crown by force of Arms usurped by Zimri from whom also it was snatched in the same manner by Omri who died peaceably and left the Succession to his son Ahab without the least scruple all this while on the Peoples part in point of submission and obedience to these usurped Powers Adde to these Usurpations that of Nebuchadnezzar over the holy City which he took by force of Armes and carried away many of the Jewes with their King Jehoiakim into Captivity to Babylon an Action as full of Injustice and Cruelty as most that we read of yet Nebuchadnezzar being once in possession by Conquest his Title became right and good as may appear by the Report given concerning Zedekiah the Successor of Jehoiakim of whom it is said that he rebelled against Nebuchadnezzar which implies an investiture of right in Nebuchadnezzar by the Sword or els that Resistance of Zedekiah could not be called Rebellion To come a little nearer and give you a sight of this Truth in Moderne practises it will be very convenient a little to examine the Rights and Titles of present Princes to their severall Principalities within Christendome whom if we trace up to their Originalls we shall find to have no other dependance then upon the sword What pretence had Ferdinand the Spaniard to seize upon the Kingdome of Navarre but onely to satisfie the spleen of Pope Julius 2d and his owne Ambition against the French for which cause to make his way the easier he set upon John Albret unawares and forced him with his Queen and Children quite out of his Dominions which he afterward held in possession and brought the people under his Allegance In the same manner Philip the second with an Army under the Command of the Duke of Alva set upon Don Antonio King of Portugall and after he had subdued the Kingdome laid claime to the Crown as his owne by Right which he and his Successors held till that now of late in the Reigne of Philip the fourth it was recovered againe by the Sword of Don John of Braganz●● Fair Titles to the Succession were pretended on both sides but if either have the better this way it must be Don John as being descended from Edward a third Sonne whereas the Spaniard descends from Elizabeth the youngest Daughter of Emanuel King of Portugall Yet it seems possession hath hitherto been held the best Title and the Portugalls having of late outed the Spaniard made bold to stop his mouth with this Answer That his Predecessor Philip 2d had no Right to the Crowne it being contrary to their fundamentall Lawes that any Foreiner should succeed in the Kingdome And that it was lawfull for a Kingdome oppressed by Armes by Armes againe to recover its ancient liberty which is enough to shew that the Spaniard neither had nor hath any Title beside his Sword to lay claim to the Kingdom of Portugall That Arragon was fairly annexed to the Crown of Castile by the marriage of Ferdinand and Isabella cannot be denied yet it is notorious to all the world that the Spaniard hath since this union usurped much more in Arragon by Force then his Predecessors injoyed before by Right and dealt no otherwise with that Kingdome then if it were his by Conquest exercising an absolute Tyranny therein as well as other his Dominions To this end he abolished the ancient and most excellent Constitution of that eminent Office called the Justice of Arragon whereto some one person was chosen by the Vote of the People who in most Cases had a Power to controll the King This was so great an Eye-sore to Philip the second that as Petrus Matthaeus saith he number'd these among the most glorious of his Actions That he had lessened the power of the Arragonians deprived them of their greatest Priviledges and demolished that grand Office called the Justice the Bulwark of their Liberty So that what Title the Spaniard now hath to tyrannize in Arragon is founded onely upon force and usurpation If we turne our eyes likewise upon his other Dominions in America and those here in Europe as Sicily Naples Milain Flanders c. his Title stands in all upon the same Termes viz. a possession by the power of the sword And this is just as much Right as his Kinsman the Emperour had to lay claim to the Kingdome of Bohemia and afterward to seize upon the Palatinate Bohemia being an Elective Kingdome that had power of themselves to choose whom they pleased for King and so made choice of the Prince Elector Frederick whom the Emperor made bold to drive out of that and his own Countrey by Force of Arms because he accepted of the Election And not onely so but after Frederick was dead prosecuted the warre to the prejudice of his Heire the present Pr. Elector whom he hath constrained to quit his dignity of the first Electorship and resigne it with the best part of his Dominions upon hard Termes to the Duke of Bavaria so that what Title the Emperour hath to Bohemia and the Duke to the rest is derived rather from the Sword of Mars than the Scepter of Iove by right of Succession This Act of violence against the Prince Elector gave an Alarm to the other Protestant Princes of Germany to defend their Estates by Armes from the Incroachments of the Emperour and therefore to avoid the inconveniences of emulation between themselves they made choice of the Swede to be their Chief who moved partly by the Common Interest of Religion but especially for severall injuries done him by the Emperour as may be read in that King's Manifesto undertook the warre and with his Sword hath carved out a Title to many fair Countries and Priviledges within the Empire What Title have the Swisses the Hollanders Geneva c. to their Liberty but the sword On the other side what Title have the Medices to domineer over the free States of Florence and Siena to the utter ruine of their Liberties but only force whereby Cosmus introducing an absolute Tyranny under the name of Duke made himselfe more than a King and in emulation of the Muscovite glorified his Successors with the Stile of Great Dukes of Tuscany How the Pope's Temporal power which was once so small in Italy came to be thus considerable is easily known if we take an Accompt of the Actions of Alexander the sixth who of all the Popes that ever were shewed what a Pope was able to doe with Money and Armes and having a mind to make his Sonne Caesar Borgia a Prince in Italy he taught him how to make use of the French Forces to build himselfe a Fortune in Romania upon the ruine of the Barons of that Country And though the Pope's intent thereby was not to inlarge the Church-Dominions but to make his Son great yet after his Sons
Scots gape after this gude Land who with those of other Nations must be Satisfied out of the Purses of our own whilst those that are their Leaders will be gratified with this that and the other Mans Lands and possessions And that this Insinuation is no Fiction but well grounded upon Precedents out of our owne Histories in the Practices of our Kings may appear by the Proceedings of the Conquerer who being forced to extraordinary Courses to satisfie his forein Soldiery made bold so frequently with the Estates of his Subjects that the great Lords of the Kingdom fearing it would come to their Turns at last to part with their Possesions by way of prevention fled out of the Land some into Scotland some into Denmarke and other Parts to trie if by aide from abroad they might recover Themselves and their Fortunes again at home But by this means they hapned to lose all so much the sooner for miscarrying in the Designe their Estates were possess'd and their Offices supplied by the Norman Favorites Thus also King Stephen himself being a Foreiner and relying most upon forein Arms to preserve him in possession was constrained to take the same Course for the satisfaction of his forein Auxiliaries which consisted most of Flemings and Picards whom he especially trusted in his greatest Actions neglecting and oppressing the English Thus did Henry the third also in his wars with the Barons against whom bringing in Foreiners He for reward invested them with others Lands and Honors and laid heavy Impositions besides upon the whole Kingdom to make Them Satisfaction And in those variations of Fortune between the two Houses of Yorke and Lancaster as often as either of Them had occasion to make use of forein Arms to assert their Titles the Estates of the Adverse Party and the Purses of the People were sure to goe to wrack for the Pay of the Soldiery From hence then it appears that if the Prince put himselfe in possession by Arms we shall be so far that way from any ease of our burthens that they will be doubled and trebled yea and tenfolded upon us Lastly The Prince's Confederation with the Scots and our English Presbyters were there no other Reason might be enough to terrifie any ingeniously minded People from giving their assistance be they Royalists or not For if the Kirke be able to bind the Prince to hard Conditions and prove like the Sons of Zeruiah too strong for him so that his Interest bow to theirs then in stead of a Regall which is more tolerable we must all stoop to the intolerable yoke of a Presbyterian Tyranny that will prove a plague upon the Consciences Bodies and Purses of this free Nation The Scots by this means will effect their Designe upon us by stretching their Covenant-union to an equality of Interest with us in our owne Affairs And the English-Grandees of that Party will seat themselves again in the House and exclude all others or else a New Parliament shall be called of Persons of their owne Faction so that if they should carry the day all the Comfort we shall have by casting off the present Governers will be only that we shall have these furious Jockies for our Riders Things perhaps shall be in the old Statu quo as they were when the late King was at Holdenby whose Son must then lay his Scepter at the Foot-stole of the Kirke or else they will restore him by leisure as they did his Father into the exercise of Royalty By which means we should be brought again as far as ever we were from a condition of Settlement and the Common-wealth reduced to Ashes by endlesse Cumbustions On the other Side put case the Prince have the better end of the Staffe of the Presbyters they relying upon his Courtesie as well as the rest of the People then in case he carry the day They and All are at his mercy and no Bar will be in the way to hinder him from an Ascent unto an unlimited Power So that you plainly see this present Combination of Royallists and Presbyters which soever of them be most prevalent must of necessity put the Nation in hazard between Scylla and Charybdis that we cannot chuse but fall into one of the pernicious Gulphs either of Presbyterian or Monarchicall Tyranny All these Particulars being seriously considered how Improbable it is in the first place that the Prince should goe on with Successe in his Designe and then what miserable Inconveniences must needs follow such a Successe in case he prevaile not only to the Prejudice of any one Party but of All I may undeniably conclude that all mistaken Royallists as well as others who live now under the Protection of the present Government are concerned out of necessity and in respect to their owne well-being and benefit to wish well thereunto rather than prosecute the private Interest of a single Family and of a few Fugitives its Dependants to the hazard of their owne Families with the Peace and happinesse of their native Country CHAP. II. Concerning the Scots I Am sorry I must waste Paper upon this Nation but seeing They make Themselves Considerable by being troublesome it will not be amisse to sound the Depth of their present Design which that I may the better doe give me leave to trace them in their Encroachments from the first to the last upon the English Nation Not to mention those of elder date let us begin with King James who being a native Scot out of love to his Country-men or rather to himselfe that he might keep them quiet by stopping their mouths with the sweet morsels of England was pleased to admit many of them into his Court then into his Councell and to be partakers of Honours and Offices equall to the best of our English His Son the late King knowing danger might come of discontent out of the Northern Corner followed the same Course that his Father tooke to oblige Them holding them in Pension giving accesse to all Beggars with such faire Entertainment that most of Them staid here and none returned empty This heaping of Favors upon Some stirred up the Appetites and Emulation of others who seeing themselves neglected and not like to share in any of these Enjoyments by the Favor of the King bethought them of an other way to make Themselves as considerable as the rest of their Country-men and gain an Interest with the English Seeing they could not thrive with the Court They would trie what They could doe without it Hereupon being men of Power in their owne Country They became most Zealous Assertors of the Presbyterian Discipline against the Episcopall by which means they gained the Friendship of all the Religious Party in England then persecuted by the Bishops who were at Court the only Favourites Hereupon these Leaders of the Scotish Presbyterians beginning to grow active and forward in establishing their own Form at home and also to propagate it abroad by encouraging their Friends gave