WHile I was thinking to whom I might dedicat this Book, in which is aſſerted the Authority and Non-uſurpation of the Commonwealth of England, I judged none more fit then him to whoſe patronage I might commit it, who hath moſt promoted the Liberty lately obtained, under the power and protection of the God of Iſrael. And thus, among many, I made choice of your Lordſhip. Albeit I look upon Kingly Govern­ment, as that which is inconſubſiſtent with juſt Freedom and Liberty; nevertheleſs, under what Power and Authority I am, be what it will, I am willing to give unto Caeſar that which is Caeſar's. And therefore I will humbly offer my judgment to your Lordſhip, in this caſe; which I hope will be uſeful to abate the ſeditiouſneſs of ſpirit, to which many (as is at leaſt pretended upon a conſcientious accompt) are bent.

It will not be amiſs to diſtinguiſh between the caſe of Superiority and Inferiority. Now the Word of God will have the inferiour ſubject to the ſuperiour, without any reſiſtance, not only for wrath, but alſo for conſcience-ſake, Rom. 12.1. The higher can never be without the lower, the one neceſſarily pre-ſuppoſing the other. And therefore, that which is lower and inferiour, ought to be ſubject to the higher and ſuperiour. Hence it is Jeſus Chriſt & his Apoſtles, ſubjected themſelves to the great­eſt of tyrants, even to ſuch whoſe title and right depended meetly from the ſword. So then, put me under the Turk's command, I ſhall not diſpute his power. Shew me where Chriſt, or any of his Apoſtles, diſpute the authority of any power they lived under. It is undeniable, they ſpoke and preached againſt all manner of ſin and vice, bearing faithful witneſs againſt it. And thus they witneſſed againſt the ſins of Princes, aſwel as of the People. Howſoever, there is a great difference between a Magi­ſtrate, as a Magiſtrate, and as a man. As a Magiſtrate he cannot fail, but either in tyranny, or in injuſtice, or elſe in bribery. As a man, he is ſub­ject to perſonal infirmities as others ar•. I muſt confeſs, the Goſpel wit­neſſeth abundantly againſt all theſe failings. But as I underſtand, the Goſpel doth not allow the inferiour to ſpeak directly, and by way of ap­plication againſt the Magiſtrate, as he faileth in his office. I do not read where Chriſt, or his Apoſtles charged any Ruler with tyranny, injuſtice, or bribery, in the diſcharge of his truſt. Sure I am, there were many un­juſt Judge in their time. I made, that Chriſt called Herod, a Fox: and Paul called Nero, a Lion But the Law could not conclude from hence, that any thing was ſpoken againſt them as Magiſtrates: Becauſe as men, they were〈◊〉to be〈◊〉as Foxes and cruel as Lion. And thus the Law could make no other, but their ſpeaking againſt perſonal taults in the Magiſtrate. And I judge it not unlawful, upon ſome ſerious ac­compts, (though not by all perſons and at all occaſions) to ſpeak againſt the perſonal ſins of the Magiſtrate in a down-right way, as did the Bap­tiſt to Herod. If this will not ſatisfie, then obſerve that Chriſt was not at that time ſubject to Herod, but to Pilate. And may not I ſpeak againſt any tyrannous Magiſtrate, to whoſe Law & Government I am not ſubjected? Yea, againſt the great Turk, though I might not being under his Au­thority. N•y, but I chooſe rather to ſay, (as the ſcope of Chriſt's words inſinuate in oppoſition to the diſdainful bragging of the Phariſees) that Chriſt oppoſeth his divine and kingly power, to Herod's tyranny; upon which accompt he defieth his deſpiaht, as being impoſſible for him to act any thing to ins prejudice, or alteration of his purpoſe. And as for that of Paul. it is not clear what he meaneth by the Lion. Only this much he is pleaſed to be a little free with his dear friend, Timothy. And truly, I may uſe ſo much freedom with my dear friend, as with mine own heart. But what is all this for the ſubject to call the Magiſtrate to his face, A tyrannous and partial Judge granting he be ſo? Shall I therefore, both in private and publick ſpeak what I will (making an ordinary trade of it) againſt his unfaithfulneſs in managing his office? Scripture doth not allow me to think any thing againſt him in my Bed-chamber, Eccleſ. •0.20. [Is it fit] to ſay to a King. [thou] are wicked, [and] to Princes, ye [are] un­godly? Job 34 18. Surely, It is not good to〈◊〉Princes for equty, Pro. 17.26. We muſt not revile the Judges, nor curſe to Ruler of the People, Exod. 22.28. Acts 23.5. And we ſee how that Paul in all his arraignments, ma­keth his conſtant plea that in his preaching the Goſpel he ſpake nothing whether againſt the Magiſtrate, or the Law of the Nation; whereupon many times he eſcaped. Yea, John the Baptiſt doth not diſpute the quar­rel of the Romon Souldiers, but, waving State-matters, exhorteth them to their duty, as is pertinent to a Goſpel-Preacher. Notwithſtanding, I would have it ſeriouſly minded, that I only ſpeak of the duty of the infe­riour toward the ſuperiour: ſo that whatſoever is really and properly inferiour, ought, without diſputing the matter, give due obedience to the ſuperiour not reſiſting the higher power. Now ſay I, every individual ſubject ſeorſim, or any inconſiderable number thereof, is inferiour to the Magiſtrate. And therefore ought not to reſiſt his power. I admire how any perſon or perſons, who are not in a capacity, yea, not ſo much as in a probability of withſtanding the Maſtiſtrat's power, dare adventure to do ſo, (unleſs miraculouſly and extraordinarily aſſiſted as were the Prophets of old) even though, not only to them but alſo revera his power is tyran­nous, and his commands unjuſt. Will any rational man ſay, I ought to reſiſt an hundred high-way Robbers, and not give them that which they ſeek, though unjuſtly? If I did ſo, whatſoever evill befell me in reſiſting, I ſhould be acceſſory to it my ſelf as none in reaſon can deny.

But if it be asked, Whether or not ought the People to reſiſt the Magiſtrate? Say I, The lawfulneſs, or unlawfulneſs of their reſiſting, only dependeth from the nature of the quarrel. It is clear to me (as is fully evinced in the following Treatiſe) not only the whole Power, but alſo any conſide­rable power of the People may v•ry juſtly reſiſt the Magiſtrate, in main­taining and promoting their own juſt Liberty and freedom: for as the whole Power of the People is ſuperiour, ſo any conſiderable part thereof is not inferiour to the Magiſtrate's power. And thus my judgment lea­deth me no other wales to reſiſt a tyrannous Magiſtrate, but as I am added by Providence to that Body, whoſe Quarrel is not only juſt, but alſo whoſe Power is either ſuperiour to the Magiſtrate's Power, or at leaſt ſo far equal to it as that it is in a capacity of reſiſting it Now, if I either miſtake the Quarrel, or the conſiderable capacity of reſiſting, 'tis my raſhneſs to engage againſt the Ruler, and juſt with God to puniſh my ſeditiouſneſs, though my engaging be upon zealous and conſcientious ac­compts. Let a very P•ter be rebuked, though in zeal he ſmile Malchus, not being able to maintain his act of Reſiſtance. As to example, had I a year or two ſince ſpoken or acted againſt the late Parliament, me thinks I had not only done unwiſely (unleſs, as I ſaid before, I had been raiſed up extraordinarily, as were the Prophets of old, in ſpeaking and acting againſt the tyranny of the Magiſtrate) but alſo ſeditiouſly. But now it is high time for me, or any wel-wiſher of the People's Liberty, to ſpeak and act, in our ſeveral employments and vocations, againſt the late Po­wer. As it is time to ſail when tide and wind make, and no ſooner; ſo it is time to engage, and no ſooner, for Freedom and Liberty, when either the People's willingneſs, or a ſtanding Power call for it. Then let every man, according to his ability, (whoſe ambition is to promote juſt Free­dom and Liberty) improve his time, letting no occaſion ſlip, but ſtrike the iron while it is yet hot. Sooner, it is folly; and latter, it is but a bea­ting of the air. And thus let every cordial wel-wiſher of Freedom, walk wiſely, neither going a ſtep before, nor a ſtep behind the willingneſs and power of the People, in promoting the foreſaid Intereſt. The Quarrel of juſt Freedom not arightly timed, is loſt labour, and an untimely birth. This poſſibly will be called Policy rather then Piety. But it matters not if this Policy be true Divinity, as is already ſhewed to be. He is worthy of all commendation, who neither reſiſteth the Ruler's ſuperiority, nor thwarteth, but promoteth the People's Liberty. Thus is he neither rebel­lious nor malignant, but obedient to his ſuperiour during his Command, and faithful to the Intereſt of the People. Let me obey the Tyrant ſo long as he commandeth, but ſide with the People when they oppoſe him.

Beſide what I have ſpoken, (if I may be called to counſel) I would wil­lingly offer ſome of my earneſt wiſhes unto your Lordſhip. O that con­ſtrained maintenance for upholding Prieſts, Chaplains, and Maſters in Univerſities, were at an end! Oh, that all who are able, and willing, to preach the Goſpel, might be encouraged with all due freedom and pro­tection therein, upon all occaſions, and in all convenient places, without moleſtation, whether in private, or in places of publick meeting! All which ſhall come to paſſe, when that is accompliſhed which is foretold, in Iſa. 26.12, 14, 15.

As for annual Repreſentatives, the levelling of the Law, ſubjecting all to it without exception; the diſpoſing ſo of all Rents, Revenues, Forfei­tures, Sequeſtrations, and ſuch like, as that competences may be provi­ded out of them for all that want, they be things too high for me. I on­ly take liberty to ſpeak in order to ſuch things as immediatly relate to the Freedom of Saints, and the Fall of Babylon. As to Religion's Intereſt, every wel-wiſher of Zion may uſe freedom. Howſoever I judge it need­leſs for me to ſpeak any thing of theſe laſt particulars, ſeeing (as I con­ceive) they are already taken into conſideration by all theſe who mind the true and juſt Intereſt of the People. Nay, but (my Lord) J cannot forget, how that one day after another J hear large diſcourſe of Levelling. But though the moſt part be for it, excepting the Rich, (as it was of old in the dayes of Agis and Gracchus) J cannot well learn what is in­tended thereby. Only J do find in it, theſe two things which be either re­dundant or defective, as to the nature of right Levelling. Firſt, ſome un­derſtand no more, but the levelling of the Law. Secondly, others over­turn propriety ſo much, as that they intend no more uſe of the Creation, but here to day, and yonder to morrow. J ſhall not diſpute this caſe at preſent, but only adde ſome few words to what is ſpoken in this matter. As J underſtand, people ſo much the more cheerfully ought to engage to promote their juſt Civil Freedom and Liberty, how much the more the fall of Babylon, and the intereſt of Zion are concerned therein. 'Tis a de­bate to me, to engage for the one, the other not being linked therewith; though ſelf-defence be lawful upon all accompts. Howſoever the Quar­rel of the Lamb is that which J heed moſt. But if your Lordſhip, and others in power, will allow me in this caſe, to remonſtrate to the world, the practice of the Jewiſh, Athenian, Lacedemonian, Roman, and of other ancient and notable Commonwealths, J ſhall be moſt willing to do ſo at command. And J ſhall endeavour to publiſh nothing, but what is accor­ding to the Scriptures, the practice of the chiefeſt Commonwealths, the judgment, yea and practice of the chiefeſt Stateſ-men, Philoſophers, Ora­tors, and Hiſtorians. O! but all of us will be prevented in theſe things, by the ſudden approach of the Ancient of dayes, who being come, will level ſpirits, powers, and eſtates. Till then there will be no more but the beginnings of Liberty, the earneſt of what ſhall be when the Lord alone ſhall be exalted, ſtaining the pride of all Glory, and bringing into con­tempt all the Honourable of the Earth. Yea, as I conceive, it is impoſſible a ſolid and entire Freedom can be eſtabliſhed, till His approach: for then He ſhal judge among the Nations, becoming our Lord, our King and Law-giver, the Law going out of Zion, and the Word of the Lord from Jeruſalem. I reſt ſatisfied in the expectation thereof, not exerciſing my ſelf in great matters, nor in things too high for me. When he cometh, croo­ked things ſhall be made ſtraight, and mountains ſhall be made valleys. The Lord will haſten it in his time.

Laſtly, J would offer my judgment to your Lordſhip, concerning the Power of the People, in chooſing Rulers. J ſhall only hint at this in a word. To me it is clear, that as Nature in the ſtate of fallen-man (un­leſſe all ſhould go to ruin) cannot be without Government, even though all men by Nature be free-born; ſo neither are all capable of governing, nor of chooſing to govern. The Scripture is clear in this, that only ſuch ought to govern, who are men fearing God, and hating Covetouſneſs, Exod. 18.21. Deut. 1.13. Job 34.17, 29, 30. Pſa. 12.8. Eccleſ. 20.16, 17. And thus, uppon a Scripture-accompt, according to the primitive pattern of Judges in the choiceſt of Commonwealths, there be theſe four qualifi­cations neceſſarily required in thoſe that govern, 1. ability, 2. fearing of God, 3. truth, 4. hatred of Covetouſneſs. Whence, according to the primitive and Scripture-mould of Judges, all men are uncapable of go­verning, but ſuch who be ſo and ſo qualified. Now the queſtion is, Who ſhall chooſe ſuch who are endowed with theſe qualifications? In an­ſwer to this J premiſe, this diſtinction. As the Legiſlative power radi­cally, is in the People, ſo by Nature they ought to chooſe their own Go­vernours and Rulers. But Nature being contaminated, all men upon that accompt are not fit to make choice of their Rulers. For all men are either godly, or ungodly. Now, the major part of the People, being ungodly, will, and do chooſe men like themſelves, as experience teacheth, unleſſe upon ſome ſelfiſh accompt they happen now and then, here and there, to chooſe ſome godly perſon or perſons. But the Scripture doth not allow any to rule but the Righteous. And therefore, according to the Word of God, and the dictates of pure Nature godly men, (who are known to be ſuch by their fruits) ſhould be ſearched thorowout all the Tribes of Iſ­rael and appointed Rulers. So did Moſes. And our Moſeſes ought to do ſo too; to which the People in reaſon will be forced to condeſcend, and the rather, when they ſee judgment and righteouſneſs abounding, while the righteous govern. And which is more, in all heatheniſh ancient Commonwealths, in which the Rulers were choſen by the People, the whole multitude therein followed the counſel of ſome few wiſe-men a­mong them. Otherwiſe, the whole matter among them ſhould have tur­ned into confuſion. And is it not known by experience, how that ſome one faction or other doth ſway in all elections? though the free choice of the People be pretended? Now the generality of the People are ſwayed, rather by the diſaffected, then wel-affected party, in al free choice til they be conſtrained to do otherwiſe. Which is a clear demonſtration that they cannot improve their own Intereſt, but are apt to give it up into the hands of ſtrange Lords, and cruel Task-maſters. And therefore all our wiſe and godly Moſeſes, whom the Lord hath impower'd, ought to aſſay all means poſſible, to find out among all the Tribes of Iſrael, able men, ſuch as fear God, men of truth, and hating Covetouſneſs, that they may bear burden with them in the management of affairs. And ſuch of them as be poor there is enough in the world to make them rich. But I do not expect the full accompliſhment of ſuch things, till the Ancient of dayes be come: for I ſee under the ſun the place of judgment, [that] wickedneſs is there; and the place of righteouſneſs, [that] iniquity is there. I ſay in mine heart, God ſhall judge the righteous, and the wicked: for [there is] a time there for every purpoſe, and for every work. Eccleſ. 3.16, 17. Till which time, (hoping all theſe things ſhall be acceptable to your Lordſhip) I remain,

To the Very Honourable, Major General Lambert, and the reſt of the Honourable Commiſsioners, for ordering and managing affairs in Scotland. AS ALSO, To the Right Honourable, Colonel R. Lilburne, Commander in chief of the Engliſh Forces in SCOTLAND.

I Do look upon it as incumbent to me at preſent, to expreſs and manifeſt my thankfulneſs toward you: for not only by your Authority, but alſo upon the accompt of your Mecoenatick gratuity, did this Treatiſe iſſue out to publick view. And not only ſo, but likewiſe it was preffered to me, by you the honourable Commiſſioners, That any charge in this Nation, ſuitable to my capacity ſhould be devoted to my truſt. Which, no queſtion, had been accom­pliſhed, had not your Honours from hence on a ſudden been removed. Ʋpon conſideration of which things. I cannot but thus humbly de­mean my ſelf in tendering my respects to your Honours.

The greateſt reward I either deſire or expect, is, That your Honours would be companions of all ſuch who fear the Lord, being willing to live and die, to ſtand and fall with ſuch by joynt-concurrence, espou­ſing the Quarrel of the Lamb againſt the Beaſt, the falſe-Prophet, the Kings of the earth, and their Armies.

I ſhall crave leave of your Honours to offer my ſingle judgment in order to the right regulating of Law-matters, which I ſuppoſe you will not look upon as matters too high for me, unleſs you ſhould ſo judge of all that I have written in the following Treatiſe. Howſo­ever, I ſhall contribute my mite to the treaſury, in proſecuting theſe following Poſitions.

Poſit. 1. The Law in its ſubſtantials needeth no reformation, being grounded upon the principles of pure Nature.

I ſhall glance a little at the diſcovery of the general and ſubſtan­tial principles of the Law. In general it conſiſteth of a direct and indirect part. The direct part of the Law is, ſecundum allegata & probata. The indirect is, ſecundum allegata & improbata. The direct principles thereof reſolve upon Allegation & Probation, or upon Claim and Inſtruction. Claim is either in order to Movables, or Immovables. In order to immovables, the grounds thereof be heirſhip, diſpoſition, donation, and conqueſt. Heirſhip is, either of Line, or of Conqueſt. Of Line, ſecundum deſcenſum proprium. v. g. as is between father and ſon. And ſecundum deſcenſum accidentalem. v. g. as is between the elder, and younger brother. Of conqueſt, ne ultra unum gradum aſcendat. v. g. Conqueſt being disponed to the third ſon, cannot fall to the firſt. In order to which, the Law doth ſay well, Primogenito Primoginitura, & caeteris Proportio: Juſtitia enim fit, ſecundum pro­portionem. Dispoſition is, either mutual by way of contract, or per­ſonal by way of aſſignation. But ſaith the Law, Ne ulla ſit diſpoſitio in fraudem creditorum. Donation is either abſolute, or conditional. In order to which, ſaith the Law, Volenti non fit, injuria. Conqueſt is, that which is purchaſed by the proper induſtry of the Owner, not being derived from any Predeceſſour. But, Quod Propria virtute ac­quiritur, Propria ac libera voluntate diſponitur. As for the Inſtructi­on of Claim, whether in order to Immovables, or Movables, it muſt be by Evidences, either of Writ, Witneſſes, or Confeſſion. Con­feſſion is, either formal, or virtual. Virtual, aut per ſilentium, aut per abſentiam. Qui tacet, conſentire videtur. Non dormientibus, ſed vigilantibus ſunt jura. All which principles be very conſonant to Nature and ſound Reaſon, as is evident from the very tenor of them. To which all Law-principles, in point of ſuit, may be reduced, as is known to all skilful Lawyers.

Poſit. 2. Intail is a corrupt title of Claim.

For it hath no ground, either in Nature, or in Reaſon, but only in the circuit of a prodigal humour, for perpetuating a Name, which is but graſſe, and the glory thereof, as the flower that fadeth. Thus the perpetuating of the Line in the perſon of the eldeſt ſon, by vouch­ſafing the whole ſubſtance on him, is no leſſe unjuſt then prodigal.

Poſit. 3. Jure divino, upon the accompt of Divine Right, all Pleas ought to be compoſed according to Conſcience and Reaſon, without all reſpect to any Platform of humane Law.

So it was in the Primitive Inſtitution of the Jewiſh Common­wealth. (1) Special care was had to eſtabliſh ſuch Judges in it, as were men of Conſcience and Religion, Exod. 18.22, 25. Deut. 1.13, 15. Who were to judge the People, as did Moſes, making them know the Statutes of GOD, and his Laws, in judging Pleas between one and another, Ex. 18.16. (2) Becauſe as they were to judge no other Judgment but what was GOD's, Deut. 1.17. ſo they were to judge only for the Lord, 2 Chron. 19.6.

Poſit. 4. The Rigour of the Law is great injuſtice, although the Proceſs be ſecundum allegata, & probata.

For, Nimium jus nimia injuria. I might inſtance a hundred caſes, in which the peremptorineſs of the Law is either too intenſe, or too re­miſſe.

Poſit. 5. Though the Law were never ſo juſt in it ſelf, it can never be juſtly executed, a Platform being obſerved, men not being left to their own freedom in judging.

Becauſe a Platform can never be pleaded without Interpreters. Who, I pray, ſhall interpret? Not the Judges: for they cannot both judge, and plead. Hoc opus, hic labor eſt. Not the ignorant Purſuers, and Defenders: for ignoti nulla cupido, far leſs intellectio. There­fore it only remaineth, that skilful Lawyers be employed. And then be ſure, of heavie burdens which they themſelves will not touch with one of their fingers. And thus a Platform's abrogation is the Law's reformation. Otherwiſe it is but verberatio aëris.

Poſit. 6. To day, the only beſt way of eaſing the People of their burdens in point of Suit, is, To remit all Pleas to the Arbitration of Neighbours.

The truth of this doth appear thus: All determination of Pleas of neceſſity is either upon a judicial, or (as I may ſo ſay) arbitral accompt. If upon a judicial accompt, then either according to the dictates of Conſcience and pure Reaſon, or the principles of a Plat­form. The former cannot be to day. Oh! how ſelfiſh are the beſt of men at this time? Though there be both godly and able men to day, yet cannot all places of truſt be filled with ſuch as anſwer the Scrip­ture qualifications of Rulers. Not til the time, Our Officers be, peace, and Exactors, righteouſneſs, the Judges being reſtored, as at the firſt, and Counſellours as at the beginning. And as the former is impoſſible, ſo the other is hurtful: for as Judges qualified, as ſaid is, are rare, and many of them to fil al places of truſt cannot be found, ſo, a Plat­form being eſtabliſhed, ſwarms of Lawyers, the main face-grinders, do abound. It therefore remaineth that Pleas be determined by way of Arbitration among friends. And then be ſure (not one of a hun­dred otherwaies) of little expence, great moderation, and great diſ­patch. Becauſe of the untowardneſs of People, I muſt needs adde ſome Cautions.

Caut. 1. The Purſuer refuſing without all reaſon, friendly to com­pound by way of Arbitration, it will do well, if by an Act be forfeited, toties quoties, ſo much of his ſuit as may daunt him; viz. either one half, or a third part thereof, as may be judged convenient.

Caut. 2. The Defender, upon no good grounds, refuſing to com­pound by way of friendly Arbitration, it will do well, if an Act bind him toties quoties, to forfeit an half, or a third part, more and above what is ſued of him.

Caut. 3. It will do well, if ſome of the godlieſt and ableſt men be appointed and authorized to that end, to attend a•Pleas, which either cannot, or ſtubborn perſons refuſe to, be compoſed by way of Arbitra­tion, all due execution paſſing upon their Determination, whether as to the deciding of the Plea, or fining of the ſtubborn and refractory perſon.

All which, as I conceive, do ſtand with Reaſon: for as the end of War is Peace, ſo the end of Law is Arbitration. Were all men beaten with the Law abroad, be ſure they would friendly agree at home. And many are forced to do ſo, when they have ſpent their time, wits, and eſtates upon it. So old Clients can, though wantons be ig­norant thereof.

I ſhall not multiply words on this ſubject at preſent, but willingly reſt ſatisfied with what is spoken already, though I might enlarge my ſelf theron, (to which I ſhall be moſt ready, whenſoever called thereto) being nothing but the abridgment of my thoughts in the matter; and hoping the poor man's counſel may deliver the City, ſuppoſing theſe words to be spoken in ſeaſon, the exigent of time calling for the like. I have no more to adde at preſent, but that I am