The excellencie of a free-state: or, The right constitution of a common-wealth.: Wherein all objections are answered, and the best way to secure the peoples liberties, discovered: with some errors of government, and rules of policie. Published by a well-wisher to posterity.

To the Reader.

TAking notice of late with what impudence, and (the more is the pity) confidence, the Enemies of this Commonwealth in their publick Writings and Discourses labour to undermine the dear-bought Liberties and Freedoms of the People, in their declared Interest of a Free-State; I thought it high time, by counter∣working them, to crush the Cockatrice in the Egg, that so it might never grow to be a Bird of prey: in order thereto, I have published this following Discourse to the World; that so the Eyes of the People being opened, they may see whether those high and ranting Discourses of personal Prerogative and un∣bounded Monarchy, (especially One lately published by Mr. Howel, that struts a∣broad with a brazen Face) or a due and

orderly succession of the Supreme Autho∣rity in the hands of the Peoples Represen∣tatives, will best secure the Liberties and Freedoms of the People from the Incroach∣ments and Usurpations of Tyranny, and answer the true Ends of the late Wars.

This Treatise is not intended for a par∣ticular Answer to Mr. Howel's said Book, but yet may obviate that part there∣of which he calls, Some Reflexes upon Government: for his main design is not so much, (though that be part) to asperse the long Parliament, (and so through their sides to wound all their Friends and Adhe∣rents) as to lay a Foundation for absolute Tyranny, upon an unbounded Monarchy: and in order thereunto, he advises his Highness to lay aside Parliaments, (or at best, to make them Cyphers) and to govern the Nation Vi & Armis: not ••ut of any Honour or respect he bears to his Person, but to bring the old Interest and Fa∣mily into more credit and esteem with the People.

His Principles and Precedents, they are purely his own: for I am confident, that the most considerate part of those that did engage for the late King, are so far from

owning his Tenets, that they would rather lay aside the Family and Interest of the Stuarts, and declare for a Free-State, than indure to be yoked and enslaved by such an absolute Tyranny as he pleads for▪ My reason is this: because most of the Nobility and Gentry of this Nation have fair Estates of their own, free, without any dependence upon the Crown; and they would be as unwilling to render up their E∣states and Posterities in the paw of the Lion, as the Commoners themselves.

His Precedents are as false as his Prin∣ciples are bad: for proof hereof, take one (and that a main one) for all: he saith, That until the Reign of Henry the first, the Commons of England were not called to the Parliament at all, or had so much as a Consent in the making of Laws.

To prove that this is false, there is extant an old Latine Copy speaking of a Parlia∣ment in the Reign of King Ethelred; which telleth us, that in it were Universi Anglorum Optimates Ethelredi Regis Edicto: & convocata Plebis multitu∣dine collectae Regis Edicto: A Writ of Summons for all the Lords, and for choice

of the Commons: a full and clear Parlia∣ment. My Author saith, The proofs of Parliaments, in Canute's time, are so many, and so full, that they tire us al∣together. His remarkable Letter from Rome, recorded by the Monk of Malms∣bury, runs thus: To the Arch-Bishops, Bishops, &c. Primatibus & toti Genti Anglorum, tam Nobilibus, quam Ple∣beis. Hoveden is full in this also; Cujus (Edmundi) post mortem, Rex Canutus omnes Episcopos, Duces, nec non & Principes, cunctosque Optimates Gen∣tis Angliae, Lundoniae congregrari jussit. A clear summons of Parliament: and the very name of Parliament is found (saith my Author) in his time, in the old Book of Edmunds-Bury. Rex Canutus, Anno Regni 5. cunctos Regni sui Praelatos, Proceresque, ac Magnates, and suum con∣vocans Parliamentum. And that it was a full Parliament, we may believe, from the persons we finde there, at the Charter to that Monastery; confirmed by Hardica∣nute, but granted by Canute, insuo Publico Parliamento, praesistentibus per∣sonaliter in eodem Archi-Episcopis, E∣piscopis, Suffraganeis, Ducibus, Comi∣tibus▪

Abbatibus, cum quam plurimis gre∣gariis Militibus (Knights of shires it seems) & cum Populi multitudine copiosa (o∣ther Commons also) Omnibus tum eodem Parliamento personaliter existentibus. Edward the Confessor refers the repairing of Westminster to the Parliament: at length, cum totius Regni Electione, (they are his own words) he sets upon the decayed Minster.

But they that would know more of the Customs and Constitutions of this Nation, let them repair to those large Volumes, that are so frequent in print upon that Subject; especially that excellent Piece, The Rights of the Kingdom. This may suffice to prove that the Commons were called to Par∣liament long before Henry the first.

I believe none will be offended with this following Discourse, but those that are Enemies to publick welfare: let such be of∣fended still: it is not for their sakes that I publish this exsuing Treatise; but for your sakes, that have been noble Patriots, fellow-Souldiers; and Sufferers for the Liberties and Freedoms of your Country, that Po∣sterity in after-ages may have something to say and shew to (if God shall permit any)

suceeding Tyrants, wherefore their Fathers sacrificed their lives, and all that was dear to them: It was not to destroy Magistracy, but to regulate it; nor to confound Pro∣priety, but to inlarge it: that the Prince as well as the People might be governed by Law; that Justice might be impartially distributed without respect of persons; that England might become a quiet Habitation for the Lion and the Lamb to lie down and f••ed together; and, that none might make the people afraid: it was for these things they fought and died; and that not as pri∣vate persons neither, but by the publick command and conduct of the Supreme Power of the Nation, viz. the peoples Repre∣sentatives in Parliament: and nothing will satisfie far all the Blood and Treasure that hath been spilt and spent, make England a glorious Commonwealth, and stop the mouths of all gainsayers; but a due and orderly suc∣cession of the Supreme Authority in the hands of the Peoples Representatives.

Notes

• Inspecti∣ons.
• Howel saith Wil∣liam the Conqueror first brought the word Parlament
• Mr. Howel would have his Highness lay a Ses∣ment for the repairing of Pauls with∣out consent of Parlia∣ment.