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A26020 Reasons against agreement with a late printed paper, intituled Foundations of freedome, or, The agreement of the people whereby it doth appear that the particulars proposed in the said paper are not foundations of freedom but of tyranny and slavery to the people, being destructive to religion, laws, liberty, and government against our Covenant and Protestantism, and very dangerous and unsafe for the kingdome / by William Ashhurst. Ashhurst, William, 1617-1680. 1659 (1659) Wing A3978; ESTC R26663 11,396 18

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force And where there is this principle that Judgement is out of the legal Judges there can be no Magistracy Authority or Government It is true that there being no perfection in any thing here below all Judges and Supream Authorities may erre and do evil but if upon that ground any multitudes should be their Judges is not the reason as good and much more strong that those multitudes who cannot be judged may erre and do evil 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 tranquillity of the Kingdome 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 penalty The losse of their souls I might further shew that by the Moral 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 Judg whether they have broken this Agreement or no then although there may be a color yet there is really no Authority in this Representative And if not in this which is to be made the Supream then much less have any inferior 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 9. Reas Because this Paper allows a tolleration of Popery only with a restriction to the Magistrate that he shall not instruct or direct it publickly But both he and all the people that will may profess and practise it in their houses which is a large step to introduce the publick 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 deniers of God or any Person in the Trinity The greatest blasphemers and cursers of God with those that profess 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 policity to speak it out at this time When I consider this together with the other parts of this Paper which onely 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 cousened into the acting of it for them But to returne to the point Here we have a Magistrate that hath neither complusive 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 any 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 prophaneness 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 10. Reas Because it will leave Ireland to the Rebels and the Protestant party and Forces there to misery and ruine not only by our distractions but because the managing of the Warre of Ireland is in this Parliament wherein the new Representative will have no Authority 11. Reas 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 faithful in that Kingdome both Ministers and people that have adhered to us in this Cause 12. Reas Because it destroys 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 quarrel first beginning upon the Kings imposing on the Power and Priviledges of Parliament and interrupting their proceedings Afterwards those that joyned 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 joyn 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 then 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 Armes were Treason and their killing of men were murther and that it is the Authority by which they have endemnity 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 13. Reas 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 excl●ded out of this Government The Peers will be against it there being likewise an exclusion of the House