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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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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
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
were willing to purchase Peace with slavery must we also we have reason rather to be more wise and cautelous by their and our owne experienced miseries and to looke now to our so deare-bought freedomes since the effect of this is tyranny and that produceth warre as the author himselfe implies And I may also adde further that in these distracted times we have no neede of such nation and Army-dividings as these reasons will produce Is the taking away the power and Priviledges of Parliament Reas 4 And how viz. by establishing a byenniall Parliament instead of a trienniall with fuller power then ever or at least was ever yet acted but the mistery is viz. because they may not have an arbytrary power without and against law and that they and their attendants may not be free from law and to protect whom they please it seemes we have brought our hogs to a faire market and fought to good purpose against a tyrannicall King to set up the same againe with an addition of an arbitrary tyrannicall Parliament It 's true we have sworne to maintaine their power and Priviledges but was it not like the Bishops oath c. to sweare to we know not what it being never declared what those were but what themselves said was we must defend and so were led like blind bayards to the water if not as fooles to the slaughter therefore it is we desire to know their limites that we may know which to defend which being clearly done I doubt not but we may subscribe to the paper or most of it without palpable or notorious perjury But suppose we have sworne to maintaine that which will be our slavery and ruine must such oaths be prosecuted I suppose your present Ministery will teach you better And for the change of the constitution I answer IF it appeare that part of it was usurpation as indeede it was it 's time to rectify it that for feare of swearing to something but like a Parliament we may not swear to that which is more then we ever called or entrusted and to say truly with the Poet Incidit in Scyllam cupiens vitare Charybdin Reas 5 Is by force to take away the present Parliament whereas the Paper proposeth no such thing but that the Parliament would dissolve themselves because the Kingdome cries out of their long fitting thinking they are so well seated that they will fit in perpetuum and to provide for future that we may not be at uncertainties and that they may not after the example of Scotland adjourne for two years to act the like Designes which no doubt was the intention of those that moved it which will take away those feares of having two at once neither can any party pretend from this to be a Parliament unless elected as propounded seeing it propounds a certaine way time for elections and for the beginnings and endings of future Parliaments or Representatives Reas 6 To the sixt I Answer that had I not known the Author I should have thought him no other but one of the Royall Faction or at least strongly affected that way for it seemes as though he would not have Delinquents debarr'd from elections else why couples he them and such as have assisted the Parliament together by this terme as well although they have clearly forfeited their freedome by these unnaturall warres in opposing the Parliament which others also may doe though formerly assisted the Parliament witnesse Hothams and others if now oppose what the Parliament settles for the Kingdomes good which is that the paper propounds and so not done by a few neither will it be slavery to any except delinquents and such who are byassed on other as rotten principles that they had rather expose the nation to slavery and ruine then be frustrated in their owne designes Reas 7 Is making parties by subscribers and non-subscribers with a great deale more of the like all which might as well and as strongly have been objected against the Parliaments Protestations and Covenants which was then litle considered though it tended to divide the Parliaments friends yea Parliament it self by Covenanters and Non-Covenantor yea such as was most cordiall have proved most instrumentall for the Kingdomes safety without giving them any hopes of future security yet rather of persecution and oppression banishment at best if not submit yet then thought the onely way for the Nations good Is but a repeating the same things over againe Reas 8 in effect the same with the 3 4 5. whither I shall referre the Reader and only take notice of some passages viz. that no power is intended to be above this Representative and what need there seeing this is granted Reas the 3. to be the supreme Judicature can it be supreme and yet have one above it if objected that it must consist of KING Lords and Commons I aske then why did this present Parliament act without yea and against the KING yea and Lords too and declared they might and would so doe I doe not say they are fallen from their primitive principles that thus object let others judge and why will not their Lawes bind the Paper propounds all to be bound by them except they expresly violate this agreement the cleare expressing whereof will remove that objection of every man being Judge for any man that hath eyes can judge when the Sun shines when not and what is said of forceable opposition is no more than may be said against any Government what ever suppose a better could be found out witnesse the Cavaliers which will not take away the lawfull power of this or any of their under Officers any more than of others Is toleration of Popery Reas 9 whose principles are so clearly inconsistent with any Government but under the Pope besides what of late they have acted that there is ground sufficient to suppresse or expulse them without medling with their Religion But consider are not their principles very neare them who would compell all to be of their Religion on the same ground one may doe it may another all the difference is the one hath the Magistrate for him the other not and whereas it is said men are left to be of any Religion or no Religion I quere what Religion compulsion makes men of but that the State is be it what it will true or false of any as the State turnes so they and so consequently are of no Religion And where or when did Christ give any such power to the Magistrate to compell men to Religion if not is it not an high contempt against him for men to devise a way of their owne as if his were insufficient to doe his own worke is it not to make Christ unfaithfull and our selves wiser than he so that the more its abhorred by good men the more edium they cast on Christ and if this be not Blasphemy I know not what that word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 denotes If your Ministers be the Apostles
should not need feare so much ignorant Juries which might also be chosen of men responsible enough if miscarried Neither is it absolutely required that they should supply the Places of Sheriffs Justices c. but left to the Parliaments to appoint as they see needfull onely a free Election is desired But the great businesse is the Ministers and their great Diana the Tythes who being in like condition with the unjust Steward if displaced cannot digge and are ashamed to begge must be wise in their generation as the Children of this world are to uphold their repute and having by that craft got their livings will rather set the whole Nation on fire and in confusion than lose the hopes of their gaine hence they intermix themselves with the powers of the earth like the trees of Daniels Image making use of that old Antichristian engine which like prompt Scholars they have learned from their grand Tutours the Bishops viz. no Bishop no King which is now metamorphized into that ugly monster no Minister no Magistrate no Tythes no Landlords Rents advice to support their tottering Babel and mouldering pomp whereas nothing is more evident then that a Magistracy hath and may stand entire without them and the Ministry of Christ without and in opposition to the Magistracy which demonstrates them to be none of his sending that cannot act without a power from man but they well know that if they can instill that principle into the Magistrate they have made all sure viz. that thou they must stand and fall together wherefore I wish our present Powers may beware of such Doctrines and not suffer themselves to be so deluded by such self-seeking Gospel merchandizers no longer endevour to mix clay iron together lest when the present Ministers follow their Fathers the Bishops they bring the present powers into the Kings condition It 's not desired that the Magistrates would take them away i.e. suppresse them but to let them stand upon their owne bottoms to act by his power they say sent them that so they may manifest the truth of their Office and to be content with his wages for what greater dishonour can they doe to Christ than distrust him if he sent them he is able to defend them being neither asleep nor in a journey and provide for them that they need not play the Sonnes of Eli without yea against all the powers of the world whereas by their owne confession if the Magistrate provide not for them they must starve neither have they any power to act but from him which is true for the power they expect and cry so loud for is of Man not of God who will not have men brought into his fold by the head and shoulders but by the Word of truth spirituall weapons which demonstrates them to be the States the Magistrates Ministers not Christs though the Gentleman is so much offended that they have their right titles for from whom I receive power to act and pay for my worke his Servant I am for my part I have nothing to say against them that will have such Servants Lords rather much good may they doe them but its meet then that they should maintaine them and not force others to doe it for what greater oppression can People be under than be forced to maintaine other mens Servants to live idlely when neither receive nor expect benefit by them in the waies they act It 's true that the Scripture speaks of Ministers but that they are the men sub judice lis est and that they should live of the Gospel is true but that its left to the Magistrate to proportion is as untrue and without the least colour of Scripture and least of all that its Tythes unlesse we be still under Moses and the Law and deny Christ to be come in the flesh which though their tongues confesse their deeds deny and so their actions give their tongues the lie and therefore of all men they deserve the least to be tolerated who crie out so much against it and themselves come under the same condemnation But now they have got a new trick for their Tythes a jus humanum now they see their jus divinum will not serve which was their old pillar till their deceit was found out and all that withheld them yea the Impropriators were judged Sacrilegious though now content yea glad they are so disposed of being the onely way to preserve them a share and whether each man best deserve his owne I leave them to judge who take most paines for them and when a man hath laid out his Estate to improve his Lands another must have the Profits for my owne part I have none to pay and therefore plead not for my selfe And how Impropriators may be satisfied I leave to the Parliament who by their owne wisdomes and such waies as no doubt will be propounded I presume will give the Gentleman and others satisfaction And now I have done both with his Reasons and Observations and shall with him leave all to the Readers judgment and think he might have spared his owne there being no such thing as he pretends but contrariwise a Magistrate and Government with as full a legall power as ever a Minister and Maintenance of Christs appointing not mans such meanes to bring men to piety and purity in Religion Christ hath commanded but no tyrannicall Magistracy no Arbitrary government no Lordly Prelacy no usurping Tythmonger Presbytery no Whips Fines Imprisonments and such like Antichristian engines to force men to a State-religion whereby they may be made of any Religion and indeed of no Religion but changing with wind and tide are in summe notorious Hypocrites and being so proselyted become threefold worse then Children of Hell FINIS