An essay in defence of the good old cause, or A discourse concerning the rise and extent of the power of the civil magistrate in reference to spiritual affairs.: With a præface concerning [brace] the name of the good old cause. An equal common-wealth. A co-ordinate synod. The holy common-wealth published lately by Mr. Richard Baxter. And a vindication of the honourable Sir Henry Vane from the false aspersions of Mr. Baxter. / By Henry Stubbe of Ch. Ch. in Oxon.

The Preface.

I Am not ignorant with how much hazard any man writes in these days of ours; but, to write now, and for THE GOOD OLD CAUSE (which, es∣pecially where I live, is often mentioned with detestation, reproach, and scorne) is to contend with all the discouragements that might terrifie one from becoming an Authour. Some there are who (like to Alexander the Copper-smith at E∣phesus) decrye the Goodnesse of what their interest leads them to condemne: others question the An∣tiquity, and doubt whither this Sumpsimus be more old then their Mumpsimus. To the former I en∣deavoured a reply in the Treatise ensuing. Of the latter sort of men I desire they would consider, That it is not denyed but at the beginning, and in the carrying on of the late Civill warres there were sundry causes that engaged severall parties into that Quarrell against the King, particular Animosiities, Scandalls, sense of future Emoluments great or lesse, Defence of Liberties and Religion under different garbs and apprehensions. These, (besides what the publick declarations of Parlia∣ment

held forth, whilest neither the priviledges of Parliament, nor the Liberties of the people on the one hand, nor the Corruptions of a King (of whom I may say as of Lewis the Eleventh of France, All his [evill] councill did ride upon one horse) were suffic ently discovered, and the meanes for establish∣ing the ••••rst, and redressing such inconveniences a•• the last might create us, unthought on, or at least such as might not be proposed to a Nation half-prejudiced for an inveterate Monarchy: These were the incentives which prevailed with men to contribute to the effecting of such changes as we are witnesses of in England. Yet had there been tenne thousand other motives, I should not count it a Sole••s••e, but Truth, to say That LI∣BERTY, civill, and spiritual, were the GOOD old cause. And however some may say that it was none of The Old cause to assert any proper Sove∣reignty in the people: yet I must tell them that the vindications of the Parliament against the papers of the King then in being shew us, that such a So∣vereignety was presupposed, and if it were not the old cause, it was the foundation thereof, and a∣vowed for such: those rights and liberties of the people, the maintenance of which occasioned the warre, had not been the voluntary concessions of Kings, but either of Usurpers, or enforced from such as did not, usurpe in person, though in deed their whole succession was but a continued usurpa∣tion.

If the Soveraignty were elsewhere stated, it was onely the executive part, which is but an improper Soveraignty, the Legislative paramount Authourity and concernes of the people had been long before avowed by Lawyers and Divines of the chiefest rank. If it was none of the cause of our warre to change the Constitution of the Common-wealth into any other forme then we found it in. I answer that that needed not to be, since the forme was not, nor is now changed, The Petition of right and other laws in being had already deposed Monarchy, and we were onely to improve, not create a Republick. They who manage these ob∣jections had reduced us to that posture as a very little alteration in an invidious name, and some o∣ther circumstances, might secure the people in those Privile••ges and immunities from which they would not recede. Whereas it is said further That the Soveraignty being mixed or distributed in∣to the Hands of King, Lords and Commons, no part had Authority to change the Constitution. I shall not aske these men, How the Commons came to be ad∣mitted to share in that mixture of Government? But to me it is indubitable, that since the end of the establishing a King and Lords, was the wel∣fare of the people and Commons, whatever distribu∣tion of Government may have been enacted, yet it is the end that regulates the meanes, and renders them useless and rejectaneous upon occasion; and

hereof either the Commons must be Judges, who feele the Pressing inconveniences of the meanes controverted, or else they who reape advantages by such deviations and grievances, and who are too much interessed to determine aright. If Phara∣oah may judge, he will say the Israelites are idle, rather then oppressed with burdens. If there be any yet so obstinately perverse as to explode the Title upon this account; yet cannot any deny but that it is an Old (as well as Good) cause in opposition to the Instrument, and that most non-sensicall paper called the petition and advise of such a juncto as must never be reputed of hereafter, but with the infamy of Parlamentum indoctorum, or a Parliament that lacked learning, and wit or Honesty: and it is so farre from impossibility, that it is not abfur'd for the same thing in a different respect to be New and Old. I shall illustrate this by some∣thing, which if it be in it's own nature lesse convin∣cing, yet it is not to be rejected by our most im∣placable Adversaries. How often have our Par∣liaments declared this or that to be a fundamentall right, and the birth-right of the subject, which yet is not to be found established or bottomed upon any thing but that claim, antecedent to our constitu∣ted laws, whereunto Nature doth imbolden us. That which the Parliament under the first [ac∣knowledged] cause did avowe as the fundamen∣tall constitution of this Kingdom, that the Sove∣raignety

thereof was mixed in a King, and two Houses of Lords, and Commons, with severall other things of the like nature, cannot be justifyed but by such a defence: since the Monarchy is suppo∣sed to be founded at the Conquest, or if we will rise higher, yet will no enquiry direct us to a mixture of Soveraignety, such as the Commons fundamental∣ly share in: there being no such order of Estates (if I may so call it) untill Henry the first, and for their power it may be better disputed then proved by any other way then what will evince Our Cause to be Old, as well as their priviledges &c. Fundamentall. I cannot informe my self of any other manner whereby to justify that Pro∣testation of the Commons, which is recorded by Dr. H••ylin in his Ad••e••t sement on the History of the Reigne of K. James. And Rushworth in his collecti∣ons.

The protestation of the Commons. Jac. 19. 1621.

THe Commons now assembled in Parliament, being justly occasion∣ed thereunto, concerning sundry Liber∣ties, Franchises and Priviledges of Par∣liament, among others here mentioned,

do make this Protestation following: That the Liberties, Franchises, Privi∣ledges, and Jurisdiction of Parliament, are the ancient and undoubted Birth-right, and inheritance of the Subjects of England, and that the arduous and ur∣gent affaires concerning the King, state, and defense of the Realme, and of the Church of England, and the maintenance and making of Laws, and redresse of mis∣chief and grievances, which daily happen within this Realme, are proper subjects and matter of Counsell, and debate in Parliament: And that in the handling and proceeding of those businesses, every member of Parliament, hath and of right ought to have Freedom of Speech to pro∣pound, treat, reason, and bring to conclu∣sion the same: And that the Commons in Parliament have likewise Liberty and Freedom to treat of the matters in such order as in their judgment shall seem fit∣test: and that every member of the said

house hath like Freedom from all im∣peachment, imprisonment, and molestati∣on (other then by censure of the House it self) for or concerning any speaking, reasoning, or declaring any matter, or matters touching the Parliament, or Par∣liament businesse. And that if any, of the said Members be complained of, and questioned for any thing done or said in Parliament, the same is to be shewed to the King by the Advise and assent of all the Commons assembled in Parliament, before the King give credence to any pri∣v••te Information.

This and many other Parliamentary expressions, (though True, * 2.1 just and equitable) in former and later days, can, in my judgment, be no

better verifyed then the Old cause, when most disadvantageously looked upon, as being no o∣therwise Laws, Priviledges, and undoubted Birth-rights, then that they should and ought to be so. But, to proceed: I often, communing with my own soul in private, use to parallell our bondage under the Norman yoak, and our deliverance there from, to the continuance of the children of Israell in Egypt, and their escape at last from that sla••ish condition: and as the severall providences attending them in their journey into the land of promise have created in me thoughts of resem∣bling mercies and distractions that have befallen us in our progresse to Freedom; so particularly the late dispute about the Good Old cause did cause in me some reflexions upon the course which Mo∣ses tooke to disengage the people of the Lord in those days from their servitude, God tells Mo∣ses that he would bring the Israelites out of the af∣fliction of Egypt, unto the land of the Can••anites to dwell there, Exod. 3. v. 10, 16, 17, 18. And this Message he was to impart unto the Elders of Israel. Yet withall (as Philo Judeus saith, and the cir∣cumstances of the text render it certain) he is commanded, he and the Elders of Israel to say un∣to the King of Egypt, the Lord God of the Hebrews hath met with us: and now let us go (we beseech thee) three days journey into the wildernesse, that we may sacrifice to the Lord our God. Exod. 4. v. 29. So

Moses gathered together all the Elders of the children of Israel, and acquainted them with this Message and intendment; but it scarce seemes probable that he told the generality of the people his main designe; for the Israelitish women manying pro∣miscuously with Egyptians, and all of them being under such taske-masters as by love or terrour might gain an intelligence of the finall departure intended by that Nation, it is unimaginable, how things should have been, for so long a time as their deliverance was effecting, concealed from Pharaoh and his intelligencers. And Moses with Aaron went in and prayed Pharaoh, that he would let the people go three days journey into the desart, and sacrifice unto the Lord: Exod. 5. v. 3. And this is not onely the pretense of Moses, but he is com∣manded (ch. 7. v. 16.) to say, The Lord God of the Hebrews hath sent me unto thee saying, Let my people go that they may serve me in the wildernesse. In fine, All the declaration of their intents, which they made to Pharaoh, was, that they might go and sacrifice in the wildernesse. Exod. 8. v. 27. and ch. 10. v. 24, 25, 26. Yea, it seemes by the contest betwixt Pharaoah and Moses and Aaron (ch. 10, v, 10, 11.) that at first they desired liberty onely for the Men to go; and not that they might go with their young and with their old, with their sonnes and with their daughters, with their flockes and with their herds. It is expresly said by

the King, Go now yee that are Men, and serve the Lord, for that you did desire: It is observed by Philo that the land of Canaan in the direct roade was three days journey from Egypt: so that if their desire to serve the Lord in the wildernesse, and to sacrifice unto him, was an Expression of their intendments to fix in the promised land; if all those occasions for a further explanation of their thoughts, when Phara••ah said he would let them go and sacrifice in the wi••derness, onely they should not go very farre away (ch. 8, v. 28.) and when they desire to carry all their relations and goods with them, for to hold a feast unto the lord, at which time Pharaoh suspected their contrivan∣ces to free themselves, and said, Let the Lord be so with you, as I will let you go, and your little ones, Looke to it, for evill is before you, (ch 10. v. 10.) And when Pharaoh desired onely that their flocks and herds might stay; it is then that they answer, Thou must give us also sacrifices and burnt offerings, that we may sacrifice unto the Lord our God. Our cattell also shall go with us: there shall not an hoofe be left behind, for thereof must we take for to serve the Lord our God: and we know not with what we mast serve the Lord untill we come thither, (ch. 10. v. 24, 25, 26.) if all those occasions could draw from them no clearer manifestation of their pur∣poses, (and perhaps the Egyptians upon a per∣swasion of no further intent did lend them jewells

of silver, and jewells of gold, and rayment wherein to appear at the feast) Exod. 12. v. 35. and ch. 3. v. 22. but that even at the last Pharaoh says to them, Rise up, and get you forth from amongst my peo∣ple, both you and the children of Israel: and go serve the Lord, as ye have said. (c. 12. v. 31.). Truely methinks upon these circumstances. If Pharaoh did arme to pursue them of whom he did not, nor we, hear that they went three dayes journey to sa∣crifice, or that they performed any such solemnity, or held on that journey which they made a sem∣blance at first to take: but turned and encamped before Pi-hariroth between Migdol and the sea, ch. 14. v. 2, 5. and fled without a thought of re∣turning to Egypt: nay if he had overtaken them so as to expostulate with them why, and for what cause they did so deal with him? could he have made use of other words then we are now upbrayded with? Is this the Old cause that you pretended for your departure? Is this the Old cause which your God proposed unto you at first, or was that onely a pretense for other designes! did you bring your children and cattell with you for this, or some other professed end? Is this your sa∣crificing? Call you this a going to keepe a feast unto your God? Or a freeing your selves from that subjection you were under? Did we cloath you with our choice rayment? Did we adorn you with jewells, that you might carry them quite away?

Is this to serve the Lord, or your selves? To sacri∣fice unto God, or to your own net? To borrow or to robbe? Nor might Pharaoh onely have upbrayded them thus: The murmuring Israelites (having been at first unacquainted with Mose's design) either did, or might have clamoured in the like manner, when they were compassed about with Pharaoh's army on the one side, and the redsea on the other, and said unto Moses, Because there were no graves in Egypt, hast thou taken us away to dy in the wilder∣nesse? Wherefore hast thou dealt thus with us to carry us forth of Egypt? Exod. 14. v. 11. In this posture of affaires (wherein, as also in the first attempts of Luther, I find the like proceduce to what ours are said to have) I observe that Moses is satisfyed in his obeying the call of the Lord, and having freed the Israelites from an unjust bondage; he trusts in the Lord for a good issue, saying onely to the people, Fear ye not, stand still, and see the sal∣vation of the Lord. ch. 14. v. 13. The Lord grant that we may follow his example, and be strength∣ned to follow God in his mercifull dealings with us, and not murmure and distrust that arme which hath brought us to that Freedom we now are in: we have travailed thorough a desart, and our God hath guided us prosperously, and his Assisting providence ought to be looked upon by humble and discerning soules as a cloude going be∣fore us daily, to instruct us, who have any ap∣prehensions

thereof; but as removing also behind, and blinding those who oppose and would de∣stroy that Common-wealth of Israel which the Lord will erect, whose salvation let them stand still, and see, who are not so resolute as to quit their feares for a more active temper.

There is one considerable Objection which may, and will be made against what I have dis∣coursed concerning the rise of Government, that it tends to the establishing of an Unequall Common-wealth, which is so much decryed and petitioned a∣gainst by men of great repute, honesty and faithful∣ness to the Good old cause. Hereunto it will not suffice that I professe my self ready to acquiesce in what shall be the determinate resolutions of the Good people of this Nation, and that what∣soever my sentiments are, I shall never esloign my self from the common interest; nor shall I say that it is a very unequall common-wealth which doth regard equally men of different qualificati∣ons; neither will I blame that supererogating ten∣dernesse which they expresse for the liberty of those who would have deprived them of theirs. But I must declare it, that I cannot imagine how in equity and reason they can estate their yet dis∣senting and repugning adversaries in such Fran∣chisements, which they may more lawfully wish, then put them in possession of, against their wils, unlesse it can be proved that they are either

mad-men, fooles, or children: which will be more difficult to be justifyed here, then in the case of the Indians, who are acquitted by Casuists from such imputations, when charged on them by the usurping Spanyards. They who have pleaded for an equall Common-wealth, shew the excellency, and the conveniencie thereof, if constituted, but shew not how it can be imposed upon all, nor how a power can be erected over any men which is not derived from them. It is not Mr. Harrington (by whose industry and learning I acknowledg my self to have been highly benefitted, in whose workes the judicious may observe with how much difference the Pedanticall part of man∣kind, and a Gentleman may discourse upon the same things; for whose Civilities my resentments are not greater then is the ambition I have to merit the honour I receive by so illustrious an ac∣quaintance) It is not he that would more promote an equall common-wealth then my self univer∣sally; I admire his modell, and am ready to crye out, as if it were the pattern in the Mount: it is not that which can be controverted out of any thing I have said, but who the persons are that shall enjoy the benefit thereof: A plea here for the honest and faithfull soules amongst us, I hope will not argue any dissatisfaction towards them; not shall I be culpable towards them, if I think the universality of this nation is not to be trusted with

liberty at present, that an equall Common-wealth is that whereunto we ought and may prudentially grow, but which we cannot at once abrick, without running an extraordinary hazard of be∣ing again enslaved. What have we effected hitherto by so much jeopardy and blood-shed? is it onely that our enemies being foyled in the field should have an opportunity to dispute the fruits of our Victories a second time upon more advantagious termes? In batailes number may be counterpoised by valour, and skill, or the like, but in an equall Common-wealth, when the swords we have disarmed them of are again put into their hands, and all hopes of prevailing depend upon a majority, we put things by such a proce∣dure unto as great danger as is the certainty that plurality of votes (given out of a sense of re∣venge, ignorance, or multiplicity of interests in them who agree onely in dividing from us, will sway to the prejudice of those that established a Common-wealth, and the subversion of all that God hath been thus long a building amongst us. These may be contrivances for a generous Gallan∣try, but must not render Oceana amongst the number of Romans.

The people of this nation are not to be looked upon as broken loose from their ancient and accustomed forme, and one••y wild•• and giddy because unreduced into orders.

This may be the condition of our patriots, and

the faithfull adherents to the Good old Cause, I confesse, but for the others they are so farre from being giddy, that they are determinate for King∣ship and an uniformity? so farre from being got loose (which argues a voluntarinesse in them) that they seem now to be in fetters, forced to a state (which is not freedom to them that regret it) into which they did not break loose, and to whom the first blushes of a Common-wealth are as dismall as the appearance of day-light to Cerberus when Theseus had unchained him, and drawn him out of Hell up unto the surface of the earth; Cerberus he be held the light, he yelled, and vomi∣ted up a most deadly poyson called Aconitum, and returned to his former Station. A people un∣der orders (and inured to them) convinced of their interest in this, or ignorant of any other Government, may be serene and prudent, voide of discord as the (Venetian, who is not of the same temper with us) Switz, and Hollanders, of the dissensions whereof late years in both can give us a testimony: But a people unconvinced of their interest, not unanimous in any common concern, except as Ephraim and Manasseh were to ruine Judah, not instructed in, yea averse from a Republick, that such a people put into orders (in which no over-ruling power must retain them, for they must be their own Army) should be so serene and calme, it is unimaginable; though they

were better blended and mixt with the interpo∣sing numbers of honest men then the Scituation of Estates and fortunes permits us to expect, and lessened in the infinity of trades and other de∣pendants that subsist by them. These resueries (if I may use that expression) may then passe for prudence, when for a weak-limbed infant to go, no more will appear requisite then that it be put into a standing stoole. Amphion might have meted out the platforme of Thebes when he went to build it with his harpe, and contrived the City and it's bulwarkes; yet if the stones (supposed to follow his Musick, and not re∣pugne) unpolished and unshapen had onely dan∣ced after him, not all the Orders in the world could have effected a well-built and lasting structure.

A marriner trusteth not unto the Sea, but to this ship. The spirit of the people is in no wise to be trusted with their liberty, but by Stated laws or Orders, so the trust is not in the spirit of the peo∣ple but their Orders, which as they are leaky or tite are the ship, out of which the people being once embarked cannot stirre, and without which they can have no motion.

It is admitted that a marriner doth not onely rely upon the calmnesse, or navigableness of the Sea, but that he puts much of his confi∣dence in his ship: But to make the Similitude a∣ny way to illustrate, and to perswade our Patri∣ots and Legislators to rely on the spirit of the peo∣ple,

if they be as marriners the Objectour must re∣duce the people to such a posture that they be as tractable and manageable as a ship, in which a prudent Marriner imbarkes; such a ship is not well contrived in black and white, but well built, and ballasted, and fitted with tackling. A Com∣mon-wealth resembling must have good orders and a prevailing spirit, such as may comply with those Orders, which temper being wanting in the nation, cannot be introduced but by an over∣ruling power, if the Republick take in more then the honest party. A defectivenesse in the Or∣ders 〈◊〉〈◊〉 not render the people destitute of mo∣tion, (for that can never happen, especially in a N••rt••ern climate) but depraved and ex••rbitant in their motion: and yet even these inconveni∣ences are supplyed in defective Common-wealths by a gallantry of spirit, as a vigorous strength of na∣ture overcomes diseases, but a free aire and spirit is not supplyable by good orders in any time of trouble, but it is as ominous as the succumben∣cy of nature, which phisicians say to be of worse presage then an acute and violent disease. This is much more illustrated from the comparison drawn from an Army, disciplined, and drawn up into severall battalias. To make it so that they do not route themselves, notwithstanding their excellent order, you must make it their in∣terest, not to do so: and you must also make

them apprehensive that such is their interest, (for men do not pursue what is really their interest, but what seemes so to them) or you must so dis∣pose of the well-affected (which, if a small num∣ber, must not scatter, least they be rendred use∣lesse thorough the intermixture of more nume∣rous and powerfull renegados) malecontents as that they may, and that according to Order, be able to awe the other into what they are not o∣therwise disposed to in their mindes. Now, it is manifest, that in the present posture of our af∣faires it is not the interest of all nor of an infinity (without assuming a new course of life in their old age) to promote a Republick: nor are all whose interest it is to promote, sufficiently convinced thereof: It is evident then what course must be taken, unlesse we limit our Common-wealth unto the honest and faithfull party, leaving the residue so much liberty as they are now capable of, or may prove hereafter. That this latter way is not onely prudentiall, but just, I do suppose evident from what I have said concerning the Originall of power, and that all other procedure, however it may terminate in the Good of the people, is not to be legitimated in it self: And it is further illustrable out of the Common-wealth of Israel. When the Israelites came out of Egypt, they were not onely six hundred thousand men besides women and children, of one kindred, parentage

and people, but also a very large accessionall of strangers (besides Ser∣vants) who joyned with them in that ex∣pedition. * 2.2 As Philo Ju∣daeus, Eusebius, and Ni∣cephorus tell us: and it is thought how that E∣gyptian, husband to Shelomith, whose sonne blas∣phemed (Levit. 24.10.) was such a one, and no proselite, as Jarchi saith he was. These Strangers had a naturall liberty to dispose of, and however they were fewer in number then the Israelites, yet could not their paucity deprive them of their birth-right. They were going to Canaan together, nor had the Israelites so disposed of (or God by promise to them) of that land as that none should be proprietors but themselves. In the wildernesse, God being their Law-giver (whither by an Act of Soveraingnety, or by that Authority which men sensible of their fallibility ought to pay, and will pay necessarily to an unerring and omniscient deity, when they are convinced there is no fraud, I dispute not) they erect a Common-wealth (for however some are pleased to stile it a Theocracy, yet I apprehend not the truth thereof: for neither does his electing Judges re∣pugne with the being of a Common-wealth, more then hiselecting Kings destroy a Monarchy: nor his delivering himself as he was occasionally

consulted, for so he did too under Kings: so that either theirs was no Monarchy at last, or a Re∣publick at first.) This Common-wealth is made up onely of Jews as proprietours in the land of promise: the strangers must either depart, or be∣come Proselytes of habitation, [Proselyti domicilii.] and resign themselves up to an obedience unto seven precepts given to the sonnes of Noah; they must live without propriety of land, without any capacity of nationall employment civill or military, or share in the legislative power; yea they must also be under different laws and penalties under Judges to be chosen by themselves (or im∣posed upon them) out of their own number, or from amongst the Jewes: Or if they would be∣come proselytes of justice, [proselyti justitiae,] And submit themselves wholly unto the law of Moses, they did not gain thereby a compleat suffrage in the Congregation of Israel, they were capable of no publick command or trust, (as of the Aque∣ducts) limited in their marryages, retained a character of their being onely Devisors, (hence Paul said he was an Hebrew of Hebrews, Philip. 3.5,) and however they gained the appellation of Jewes, yet were they not citisens in Aristotle's judgment, who thinks a principall effect of such a condition to be a participation of the Magistraticall and judiciary power, but strangers in the Gates.

It is evident from hence that a Common-wealth

need not at first take in all that come forth with them out of Egypt, as it were much lesse those that they should take in the Canaanites that fought against them. An example hereof is God himself in his immediate Legislation.

It is evident that such a Common-wealth is to be termed a Common-wealth, and an equall one, o∣therwise Israel (with the division specified) was none, or else at least it is not onely just but pru∣dentiall (for God perfectly ownes both those attributes) to establish an unequall one; une∣quall according to the severall orders of men, e∣quall according to one, the Israelite.

Nor indeed was Israel onely such a Common∣wealth but Sparta, and Venice, and Rome after her growth and grandeur. Of the last it is observable, that the overthrowe thereof was in part caused by the Old citisens becoming idle, effeminate, debauched, not educated in the principles of a Republick, but entangled in Rhetoricall flourishes, besides their disproportioned conditions as to Estates: and partly, by the additionall of New citisens, such as were dependants upon Monarchies, educated under them, or inured to a different Republick from the Roman constitution (now it is naturall for a man to subvert, or timorously to de∣fend what he thinks not good) thus Julius Caesar made the Gaules citisens of Rome and Senatours, [Sueton. l. 1. c. 76.] not that he thought the

Orders would restrain them, but that they would (retaining their inclinations) overthrow the Orders. To make Ordes to secure by it a Minority in a broken and differently-factions nation, is all one as if one should presume to say to a distressed Paralytick (in whom they are onely so many re∣maining spirits as to continue life, not give mo∣tion) arise up and walke, shewing him or prescri∣bing withall how he should go. I do verily think it would not be more Blasphemous for any to speak so to the infirm, the a tempting of God in our pre∣servation to rely upon Orders in a Common-wealth that by the severall interests, animosities, educations, and conditions of men is as broken as Rome in it's declination. * 2.3 Further∣more if Rome, and Isra∣el by accessionall prose∣lytes, and Venice might grow up to such an ine∣quality as to be an A∣ristocracy in comparison of some parties, or pro∣vinces: why may not a Common-wealth at first be so erected? Since O∣ceana

is the first complexive Republick, we have not onely the establishment, but flourishing estate, continuance, and Security of all Republicks al∣most for to encourage us. And in a diffused Re∣publick at first, if the Government of one Moses, Lycurgus, or ••imoleon ruling purely for the good of the people, and with intentions to enstate them in a perfect freedom, doth not create a Ty∣ranny, why should otherwise a coordinate Senate made up of many Solons, Lycurgus's, and Thrasy∣bulus's be termed an Oligarchy, when acting one∣ly for the same ends? I cannot but declare my judgment for the promoting of Mr. Harrington's modell (in the prayses whereof I would enlarge, did I not think my self too inconsiderable to adde any thing to those applauds which the under∣standing part of the World must bestowe upon him, and which, though Eloquence itself should turne Panegyrist, he not onely merits but tran∣scends) yet as limited to the good people which have adhered to the Good old canse, and I suppose the Common-wealth of Israel may herein, as in o∣ther causes, become our pattern. But if we must stretch the cords farther, I see no security but in some influencing Senate, who may so long con∣tinue as the necessity of the nation shall require it: for to determine them a time of durance, and not to be able to determine a period to what is the cause of their durance, is not onely presumptu∣ous,

but it carries with it this further inconveni∣ence, that the maligners of a Common-wealth will know how long to cherish their hopes for an after-game, (and so will not comply) whereas by this indeterminate constitution of theirs they will be forced to abandon such thoughts, since there will be state-holders whilest they shall not cease to give occasion for their continuance. How farre this Coordinate Senate may proceed, how it may not degenerate into an Oligarchy, they which proposed it will doubtlesse find out: I think the example of the Decemviri hath nothing in it to their prejudice: and it is so farre from being likely, that I think it impossible for any number of our patriots to erect an Oligarchy by such a Se∣nate, for which I have greater motives then the confidence of their Goodness, (which yet I have an extraordinary beleef of.)

That other exception made by some against en∣trusting an equall Common-wealth (in the sense vulgarly urged) is, that such is the posture of this na∣tion at present, that if they be universally enstated in a perfect Liberty, they will invade Liberty of Consci∣ence. That they may do it, notwithstanding esta∣blished Orders, is, I think, clear from what I have already said, in case it should be their will and intent. That there is just cause to fear they will do it, may appear from these, as well as o∣ther considerations. They who are for a free To∣leration

are the lesse numerons, beyond all pro∣portion, and their advantage is that they are possessed with the Militia of the nation, and un∣der good commanders, resolute in themselves, and assisted with prudent councellours: On the o∣ther side they which would overthrowe Toleration are the more numerous, greater-landed men (so that possibly it may be found that in the ballance of land they possesse five parts of seven, or the like) the expensivenesse of their ways renders ma∣ny as traders or dependants obnoxious to them: if you arme them they will soon take courage, and renew their interest in their dependants (which never sinkes but with their estates, though it may be broken thorough defect of power, which will be taken away by the Equality instituted and what such dependants may do, you may see in the Common-wealth of Ephesus in the tumult of A∣lexander the Copper-smith) especially having these encouragements, that however it be impossible for the Episcoparians and Presbyterians to prosper and continue together, yet may they rise together (as did Presbytery and Independency) and both have hopes of cheating each other into an uniformity, or out of the profits accruing from a destroyed-Sectarian-Toleration: the difficulties whereof at long-running are not so great, but the quick wit and sight of the one party, and the short-sightednesse of the other may justify any seeming complyance

by an event not much more uncertain (confi∣dering withall the temper of our nation) then it is certaine that the glory and pride, which de∣pends upon a religious-Soveraignty, will be over∣throwne by the abettors of a free Toleration. Their joynt grounds of confidence are a Ministry totally disaffected from such courses, and ready to make Opposition to be the Cause of God, and possesse-weak spirits with the hopes of prospering here and assurance of Salvation hereafter: * 2.4 what influence these aprehensions may have upon the mindes of men we both have, and do experience: nor would I have any think the repute of the Mi∣nistry so decayed, as that they are contemptible, or that they ever will be whilest there is so great a number to be served by their continu∣ance, and yet gaine by their being humbled. Having all these spokes∣men scattered over the land, they have the Uni∣versities in their hands, from whence they are Masters of all the education of the youth in the

nation: so that their party is strengthened with a succession of persons resolute & knowing in their way, and in esteem with the people, with whom to have been at the Vniversity and to be a Scholar, a wise-man, &c. it is all one: besides the depen∣dances which the gift of fellowships and other places of emolument doth procure them: be∣sides, they do not onely strengthen themselves, by their hold in the Vniversities, but they are thereby in a condition to weaken the Good peo∣ple of this land; for if they send their sonnes and relations to the Vniversity, they are there partly by advise (the Tutors being universally disaffected, or such as will not concern themselves on any side, looking upon all with indifferency) and partly by example either principled to overthrow the Good old cause, or rendred indifferent towards it, whereby the present Patriots are in all likely∣hood so straitned, that thorough want of Succes∣sors the adherents to them are populus virorum, or men in whose lives the Common-wealth is bound up, and in reference to the mercies God hath ef∣fected for us and by us, in which he seems audi∣bly to tell us, I am your shield, and your exceeding great reward; we on the other side, as Abra∣ham, may reply, Lord God, what wilt thou give us, seeing we go child-lesse? This is such a truth as those faithfull ones, who have sent their children to Oxon. have experienced to their sorrow.

Things being in this posture, I leave any to judge whether the Honest-party ought to put themselves upon the mercy of the generality of this nation upon Soule-regards: in Holland at the Synod of Dort Episcopall and Presbyteriall Divines agreed to condemne the Arminians, yet spared one a∣nother, though a good consequence-spinner might fasten as many absurdities and blasphemies upon the opinion of some that were Judges, as upon theirs who were sentenced: and since a∣mongst us at present both parties condemn (but the Episcoparians with a greater tendernesse and compassion) at least the one would exterminate, and the other convince, that so he may destroy the survivor. If David did trust the Assembly of Israel with a religious debate; it was of no mo∣ment in comparison of our concernes: The peo∣ple never used to consult at the mercy seat, but the King, and under Saul they were not idolaters, but there being no emergencies, or Saul, fearing an Oracle unsuitable to his aimes, did not consult it: the Arke therefore remained in obscurity: now David he askes the Assembly, not whether he should worship another God, or entertain some new religion, or religious opinion, but whether (retaining the same worship or religion they had) he should bring again the Ark of God? and is it any wonder, if a people sensible of the calamitous reign of Saul, and assured, that if the

Arke were present and consulted, all such disasters would be prevented, did assent in such circum∣stances? Ought we to trust the people with a decision of religious matters of a different nature, such as not onely transcend their, but all humane comprehension?

I shall here conclude a Preface, which I am sensible how long it is, but that I think it incum∣bent upon me to take notice of a booke lately pub∣lished by Mr. Richard Baxter, entituled an Holy Common-wealth. I must professe unto the world that Mr. Baxter first occasioned my assuming a penne at this time: under the Government of the late—he published a book pretendedly against the Papists, but indeed the bitterest Satyre that ever I think was penned against the Good people, the falt of this land: there it was that he transcri∣bed Aulicus, and the Grub-street pamphlets to frame a Legend for the Catholicks of Kederminster. Hereupon my heart burned within me, and I wrote a letter during that upstart Protectourship in de∣fense of the honest men, partly whom he had as∣persed; partly to undeceive the World; that the man who wrote so many books, who so supercilious∣ly condemned the ignorance of others, who so dogmatically sensed it, and who was so favoured at Court and fam'd for learning, was no Scholar at all, not skilled in Latin, Greek or Hebrew, not versed in Ecclesiasticall history, or philosophy, &c. But a

meere Glowe-worme in literature, who borrowed his luster from the darknesse of the night, and ignorance of them he converses with; partly also I was engaged out of a sense of the truchs and ap∣prehension of those favours I had received from Sr. H. Vane, to vindicate his repute from the calumnies of this Whifler in Theology: having finished that letter, and dispatched it away, Aprill. 20. th. 1659. It pleased God by unex∣pected meanes, and a still winde, to worke cut Salvation to his people that waited for it, at what time I considering what it was that the Ministers and other adversaries did principally clamour at, though Mr. Baxter had produced no∣thing of reason but a railing accusation, to set down my thoughts about a Free Toleration, and the Magistrates power in spirituall matters: and that so, as to decline all impertinent or remote dis∣courses. It pleased God that at the same time Mr. Baxter and my self should be occupyed in a different way, and I looke upon it as an extraor∣dinary providence that God should so dispose my writing as it might entirely crosse and destroy his. The study of Politicks hath not been more my em∣ployment then his, nor do I pretend to be versed therein, and so I think my self to be one of those he intended his book for, as he tells us; Upon the whole, I must pronounce it, that since printing was used, I think there was never such a bundle of

non-sense published: if he had not given it so spe∣cious a Title, I should have styled it the Common∣wealth of— One would imagine he had forgot who ruled in White Hall, to whom he addressed his bookes, and for whom he pleaded, when he blames Mr. Harrington's modell, because thereby my Lord Ale-seller may be Custos rotulorum. Certainly Mr. Baxter forgets O.P. And he is not now at all in his minde, whom elsewhere he styles of famous memory. I will not meddle much with particu∣lars therein, because I finde there too long a dis∣course to be managed in a preliminary, I reserve it, or remit it to others for a demonstration of the charge of ignorance which I fasten on him: and for the opinions he charges sometimes with blas∣phemy, he cannot be unacquainted with what im∣putations of that nature may and have been af∣fixed to his darling fancies: nor is it a part of the Method of charity which Davenant proposeth to the reformed Churches, that blasphemy and detesta∣ble names of heresie be imposed upon men for re∣mote consequences: it is expresly censured by him. His whole work may be counted good, As he was counted cleane under the law, who was o∣ver-spread with Leprosy. If a Leprosy break out abroad in the skinne, and the Leprosie cover all the skinne of him that hath the plague, from his head e∣ven to his foote, wheresoever the Priest looketh: then the priest shall consider: and beheld, if the Leprosy

have covered all his flesh, he shall pronounce him cleane that hath the plague, it is all turned white, he is cleane. Levit. 13. v. 12, 13. And thus I dismisse him at present, onely wishing him that since he hath never yet been an University-man (or not long) that he would come and spend some time here, not onely for his proficiency in his studies, but that he may practically see the inconveniences and absurdities of his poli∣ticks by the Government of his reverend friends the Visitors of Oxon. and Canons of Christs Church. If Mr. Baxter think it below him to go to Schoole againe at this age, and after such Elogies bestowed upon him of the learn∣ed, Eagle-eyed and judicious, though Cato in his old age did learne a language which I have demonstrated elsewhere Mr. Baxter to have need of: he would do well to repaire to Geneva, not onely to informe himself that such consequences as he imagines are not to follow from severall positions in this Booke, are not the conclusions of a rationall disputant, but an Hypochondriack, or one who onely manageth disputes at Kedermenster, being himself Respondent, Op∣ponent, and Moderatour: but also to per∣swade them out of their Democracy, and the illegality of making, instead of presen∣ting Magistrates: besides he may inform

them that since the Lord Ale-seller is ab∣sur'd, * 2.5 the Magistrates ought not in their ap∣plications to the peo∣ple at their entry upon and going out of their Offices, to call the Multitude of severall pettit trades-men, My Lords, nor stand bare before them: he may desire them to remark it in their notes that God mistooke himself when he said Deut. 17.15. Thou shalt make him King o∣ver thee whom the Lord thy God shall choose. For it is God that makes Kings, it is he that conferrs the power, and, if any thing, the presentation or choise is in the people. * 2.6 He would do well how∣ever to write a Monitory to them,

That their Government is such as Heathens have been their Examples in. As if the Heathens had done nothing that were imitable:

or Jethro were not of Moses councill. The Scripture doth not allow such reasonings, which makes use of the examples of the Heathen to con∣demne the Jewes and Christians by. It was an Omission in the Apostles to give the Church the name of a popular Assembly, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and also not to tell the Republicks of Ephesus,

Athens, &c. That they sinned in the Exercise of a power that was not vested in them, * 2.7 it was not lawfull for them to be a Democracy, each confiscation was robbery in them, and every act of judi∣cature and usurpation: they should have told them, and the people of Rome, that there was no Reall Majesty in the People, and made use of those arguments which are now pub∣lished (yet I think not as an extraordinary discovery of latter a∣ges) to undeceive them in that point. * 2.8 Though Mas••er Baxter confesse p. 78. Thes. 67.

The reason why God did not universally by his law tye all the World to one forme of Government, is, because the difference of persons, times, pla∣ces, ••••ighbours, &c, may make one forme best to one people, and at one time and place, that is worst to another. Monarchy is best for some, Aristocracy to others, and Democracy to o∣thers.

Can that be best for any, which is never lawfull? Or can that be bad which hath God's approbation, as here Master Baxter grants it to have in some cases? I see we need onely dispute the circumstances we are in (and that hath been excellently done by Master Harrington, The Letter from an Officer

in Iroland, and two letters to L. Gen. Fleet∣wood) to evince a Democracy, and Master Baxtor did fallaciously dispute in generall a∣gainst it by twenty impertinent objections, * 2.9 proving Democracy to be ordinarily the worst in thosi, which is onely so in hypothesi, some circumstances. But this was not the onely neglect in the Apostles, they should have told those Republicks, that they did but delude them∣selves, * 2.10 and indeed were no Republicks: for

That the people should (ordinarily) exercise the Soveraignety is a monstrous confusion, and Morally impossible.

Oh! for Master Baxters considering cap! had the Apostles said so, the people would have thought stranger of their policy, then God's; and Paul would justly have been termed a Babler. They needed but have opened their eyes and seen what Master Baxter thinks morally impossible, and what he guesses to be monstrous confusion, to be the greatest Or∣der imaginable. I should tell the world how farre Master Baxter enlargeth the number of Romances: Thus Rome, Athens, yea Israel, &c. become meer fictions: and Geneva, Holland, Switz∣er land, &c. Remove into Utopia and New Atlants. All this is as Morally certain upon what Mr. Bax∣ter

laies down, as it is certain that he contradicts himself. p. 87. Thes. 78.

Democracy is a Common∣wealth where the Soveraigne power is in all, or the major vote of the people to bee exercised for the common good and to Some popular formes [are there any popular formes that do not?] admit all the multitude to vote in Government without distinction.

He told us before [yet the prefate too is his 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉] that the Sovereigne power is not in all; then is Democracy a vice or defect in Government, not a species thereof, or Common-wealth: and Ochlocracy is like mettall up∣on mettall in Heraldry, Vice upon vice, or the de∣generation of a corruption. It may be that Mr. Baxter doth speak some way or other de facto, as it is clear that he admits de facto Some popular formes to be made up of the whole multitude, which yet was Morally impossible. Surely he learned these concessions from Sancho in Don Quixote, who tells his Master, it may be so, but it is impossi∣ble: or doth not the Manchegall divine out-do the Squire, for Mr. Baxter saith it is so, and yet it is morally impossible. I should too much pre∣sume upon my Reader to think hee would credit Master Baxter before the experience of severall ages, or imagine that this Clerke could perceive twenty difficulties, which not one∣ly Bycurgus, Solon and Dion, but Moses and Calvim

did not apprehend; yet neither shall I alto∣gether passe by the Reasons which were de∣signed to establish the blood of the Cromwels, and extirpate a Common-wealth. Thes. 81. Democracy or Popular Government is ordinarily the worst, because it comes nearest to the utter confounding of the Governours and Governed: the ranks that God hath separated by his Institution. I confesse Monarchy doth confound the governed onely, and yet it is never the better for that. Such a difficulty as this might have been ea∣sily discovered by Moses, or he advised of it by God, when he erected his Democracy: yet is there any thing more orderly then that? Any thing more remote from confounding Go∣vernours and Governed? did his political Consti∣tution destroy the fifth Commandment in his Moral Law? It is false that God hath [abso∣lutely] instituted some to be Rulers, a•••• some to be Subjects; yet them that are Rulers, and them that are Subjects, both their conditions are of God, and the latter ought to obey the former, since the powers that are are of God, yet hath not God by his institution separated the ranks of men, but by his providence; how otherwise can a Democracy be from Gods ap∣probation, (p. 78. Thes. 67.) and yet in this Confusion of Orders? Whereas he sayes that the founding of a Common-wealth is next to the nulli∣fying

of Government, and therefore it is said four times over in the Judges, chap. 17. v. 6. chap. 18. v. 1. chap. 19. v. 1. chap. 21. v. 25. That [in those dayes there was no King in Israel:] and twice it is added [but every man did what is right in his own eyes] as if there had been no Government at all. There is no such insi∣nuation in the Text at all, nor is the Defect of a King in Israel more true where it is ex∣pressed, then where it is not, throughout the Book of Judges. What if it had been said in the dayes of Joshuah, there was no King in Israel? Or in the dayes of Gideon, when the people desired him to be King over them? Judg. 8.22, 23. The men of Israel said unto Gi∣deon, rule thou over us, both thou and thy sonne, and thy sons son also: for thou hast delivered us from the hand of Midian. And Gideon said unto them, I will not rule over you, neither shall my son rule over you; the Lord shall rule over you. Those dull Israelites were not sensible of the confusion which they did live in: nor did Gideon perceive it: They did offer him the Kingdom, because he had delivered them out of the hands of the Midianites: the inducement is Gratitude, and none of Mr. Baxters difficulties: He refuseth the Kingdom, because that in those dayes when there should be no King in Israel, and every man should do what was right in his own eyes,

then the Lord should rule over them. This very passage, together with that of God to Samuel in the like circumstances, 1 Sam. 8.7. They have not rejected thee, but they have rejected me, that I should not reign over them. These places are a sufficient confutation of what Master Baxter addes to the Text. But let any judge if it be more for the dispraise of a Republike, that (without any further addition) it is said, in those dayes there was no King in Israel: then to Monarchy after, that in those dayes reigned King David? or in those dayes there was no King in Israel, but every man did that which was right in his own eyes: and afterwards, there ruled Jero∣boam, who made Israel to sin. Another of Master Baxters arguments is, p. 90. Thes. 82. Nothing more incident to corrupted nature than self-love to blinde men, and every man to be partiall in his own cause: now it is the people that are to be go∣verned, judged, punished, &c. and therefore how likely are they by partiality to themselves, to make the Government next to none? I answer that Mr. Baxter, p. 102. Thes. 99. objecteth against a Democracy, that it is the worst, because it will exercise the greatest cruelties; which though it be false, yet is a charge inconsistent with that of partiality. Secondly, this objection is either ill framed, or it is destructive to all Govern∣ment, for in all Governments some must be

Judges in their own Case, and this Excepti∣on is non-sense. The Question is, whether see∣ing Arbitrary power, or a power to judge in ones own case must reside somewhere, where then is it best fixed? I suppose in the people; and that it is as impossible for a Democracy to be partial, as for one upon a hundred Dice to cast as many, or fifty one aces, which is a security infinitely greater than what Mr. Baxters one Die will afford us. And this is security enough against what Mr. Baxter ur∣ges p. 93. That the Laws cannot hold a Demo∣cracy from abrogating Christianity. I answer, no, not if they will: but if it be once prevalent, you have a pretty good security [a moral Im∣possibility] that it should ever be exterminated. What may happen under a Monarchy the nar∣rations of Japan, besides the actings of Jero∣boam, Nebuchadnezzar and others will testifie: but it is evident that no Common-wealth permits the Inquisition, and Christianity was much more easily planted in Common-wealths (for the Jewes after the Captivity, however they had the name of Kings sometimes among them, were a kinde of one, or an Aristocracy, as Josephus tells us:) and when but a few made up all Christendome, with how much difficulty was our Saviour put to death. Whereas Mr Baxter saith further, p. 93, 94. that he is a Fungus,

and not a man, that knoweth not by experience how easily bad men can make good Laws to be a nose of Waxe. This saying doth not be∣come a Divine, who disavowe it in the Scripture, which being a law without an Authenticall pub∣lick interpreter, is avowed to lye under no such inconveniences. In a Republick, where there is an appeal to the people, it is Morally impossible it should be so: we ought not to think it so easy to delude a multitude, as a few: nor ought we to vouch the experience of corrupt Officers under a Monarchy (for other experience no man in England of his own knowledg can alledge) to the like is∣sues under a Republick, where these and all other difficulties are prevented: neither can the malecon∣stitution of Rome, whence proceeded all it's de∣faults, prejudice Mr. Harrington's Oceana, where all are remedied: and this is a sufficient reply to all those arguments from inconveniencies which Mr. Baxter brings, they being all Ignoratio elenchi. But who would not laugh at the following Sophisms in the Kederminster disputant, such as I have scarce heard from fresh-men here. p. 95. Thes. 88. De∣mocracy is furthest from Unity, and therefore furthest from perfection: and therefore the most imperfect sort of Government, O Malvezzi, how hast thou explo∣ded this argument in thy discourses upon Tacitus? as if it were an unity of persons, and not unanimity which

made a Government perfect.

That unity is the companion of perfection, and division de∣parteth from it as it doth from unity, is com∣monly acknowledged; which caused the Pytha∣goreans to curse the number of [Two] because it was the first that presumed to depart from unity.

Is not this a fine argument for a Theologue? Doth not it overthrow the Trinity, as well as a Common-wealth? Was it not a simplicity in the Pythagoreans (if they were so absurd as Mr. Baxter makes them; which they were not: but he un∣derstands neither them nor Greek) to attribute Presumption to things destitute of understanding, and to curse Arithmetick, because a man might mis-tell his Money or the like. This is a sallacy 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. They who cursed two would not have admitted three to bear witness in Heaven: and if two were such an execrable division, how is it that God having made one man, did not think it meet he should be alone? Thes. 8.9. 'That is the most imperfect Government which departeth farthest from the divine universal Form, but so doth popular Government. For the universal kingdom hath but one King. This is a pretty Topick, and such as Bellarmine and the Papists make use of to prove that there ought to be one Pope, head of the Church. Let the world judge whose cause Mr. Baxter pleads, and what contumelies might be fastned on him. It is not the Unity of a Governour in per∣son

that makes a Common-wealth resemble God; for Aristotle (and he is of more credit than Py∣thagoras) saith, that to be ruled by Laws is to be ruled by God: but to be ruled by a Man is to be ruled by a Bruite. But further there is as little consequence in the Argument, as distance be∣twixt Heaven and Earth. Where there is a dispa∣rity in the ruled, there must be no parity of rulers: but in Mankinde there is no disparity, all are equally free, none are born Subjects or Rulers: and to make a Monarchy best, you must introduce such a disparity, as that one may transcend as God; for if many excell an Aristocracy or Democracy is best. His other arguments from Angelical Na∣tures, and the government used by nature in man are no lesse ridiculous: I wonder how he mis∣sed that of Crowes, Bees, &c. That Government is best which is most suited to the nature of man: now that varies according to circumstances, as Mr. Baxter acknowledges: How ignorantly done was it then by Mr. Baxter to bring such ar∣guments, as either prove Monarchy alwaves best, or not at all: for it will still be true, that the Universal kingdom hath but one King, without the danger of succession for a worse, and with∣out hazard of tumults, &c. but it is not so in Mankinde. These Objections and the like, con∣cern not only the Independents to answer, but Presbyterians; for they prove against an Aristo∣cracie

in Church as well as State: though Mr. Baxter cannot prove that the Government of the Church was, or ought to be Monarchical, but popular, and if it had onely been for the name sake, he should have declined the mention of the Church, which is Ecclesia: and what non∣sense is it for him to argue, p. 97. As Christ him∣self is the Monarch, a King of his Church, and the One head of his body, so did he settle in every par∣ticular Church those Bishops, Presbyters or Pastors, whom he hath commanded the people to obey as Ru••ers. The comparison is nought as Christ is the one head to one body; so he hath subjected the people too in his Church to many heads. I desire that Mr. Baxter would evince, that Christ did settle, in every particular Church, Bishops: and that the Order of Grace did so farre overthrowe the Order of Nature, that the people should be the origine of the one power (as I do now suppose) and not of the other. Sure I am, that Embassadours to a people are not thereby rulers over a people. His arguments from the want of Secrecy, &c. have been refuted by the contrary experience, as well of reason in Mal∣vezzi, Boccalini, and others; so that I may well think that Mr. Baxter took us for a Common∣wealth of Bees, and therefore instead of solid Reasonings, and a coherent Republick, he thought to dissipate us by casting dust into the Air. I intend∣ed to have said more against that Book of his,

but finding my self now under a more necessary diversion then that work would be, I hope I may be excused till another time.

Notes

• * 2.1

  In the Civil Law, he wh•• was mode compleatly fere, and one of the inge∣nui, though his Mother had been and were a Ser∣vant or bond-woman, and his birth Servile, yet upon such his enfranchisement he was said natalibus resti∣tui, to be restored to his BIRTH-RIGHT, that is not to such as he was borne to by his immediate parentage, but such as appertained to him by descendence from Adam. L. 2. D. de natalib. restituend. as it is cited by Selden de jur. natur l. 2. c. 4. p. 163.
• * 2.2

  Philo Jud. de vit. Mo∣ses. l. 1. Eusebius hist. eccl. l. 1. c. 7. Nicepho∣rus l. 1. c. 11.
• * 2.3

  In Israel the Jewes do tell us that they never forced any to be prosclytes; yea if any did turne prosclyte of justice (and such had a vote in the great Congregation) out of feare or any secular advantage, they were admitted to a profession of the religion, but not to e∣moluments accruing thereup∣on: thus, say they, in the days of King David and Solomon, when Israel flourished above other nations, none were admitted to compleate proselytisme, least the apprehensions of temporall be∣nefies might prevaile with mul∣titudes to come in, and so the Assembly be swayed by the Proselytes, notwithstanding the Orders and concurrence of the multitude of Israelites in whom was solely the executive part of Magistracy and more.
• * 2.4

  I have read it somewhere how the principall thing which kept the Spanyard from secu∣ring Portugal at first, when he had it in possession, was the Ministry or Epiests there: at the conclu••on of each masse they used to desire the people to say one Ave Mary for to ••e delive∣red from the Castiltan; where∣by the old animosities were still upheld. And now, since the Pope refuses to confirm the Por∣tugall clergy, whereby vacan•• advantageous places are unsup∣plyed, they are inclined to the Spanyard again, and dispose the people to a revolt, and so are mainly Authors of the pre∣sent danger of their Country.
• * 2.5

  The Romans fetched Cincin∣na••us from the plough to be Dictator.

  That this is the practise of Ge∣neva, I have been to d•• by an Honourable eye witnesse.
• * 2.6

  Holy Comm. p. 225.
• * 2.7

  Pref. to the H. Com.
• * 2.8

  Holy Comm. p. 63.
• * 2.9

  Holy Comm. p. 89, &c.
• * 2.10

  Pref. to H. Comm.