A word to purpose: or, A Parthian dart, shot back to 1642, and from thence shot back again to 1659.: swiftly glancing upon some remarkable occurrences of the times; and now sticks fast in two substantial queries, I. concerning the legality of the second meeting of some of the Long-Parliament-Members. Also, a fools bolt shot into Wallingford House, by as good a friend to England, as any is there, concerning a free state.

A Word to purpose, OR A Parthian Dart, shot back to 1642. and from thence shot back again to 165•• &c.

I. Whether the men met together in the House at Westminster, where usually the Commons sate; be at this day a lawful Par∣liament, according to the Fundamentall laws of this Nation: to binde the people to obey their Commands.

The Grounds of my Scruple are these:

Query I.

I. ADmitting the Power to be a derivative from the People originally, either by Request and Election precedent, or Agreement and Consent subsequent, which is all one; and thereby a Supremacy of Power is lodged and fixed somewhere in one or more Persons, who hath in him or them the Appointment of a season for the Commons to Elect their Representatives, and send them up to Consult according to our long continued Laws (though the Commons Representatives were not in former time known, but by the Notion of Petitioners) with the other two Estates; their Au∣thority and Warrant which they receive from the People, is not expressed but implyed, with this difference; their gene∣ral Authority is expressed indeed, which answers the VVrit of Summons, to Consult, &c. I say expressed, because by their actions in Electing, according to the Writ, they expresse them∣selves: But the Authority in law or implyed, is this;

• First, To make Laws for the good of the People.
• Secondly, According to the antient custome.

1. Of this Realm, that is, not to make laws to undoe the People, not to make laws to destroy the ••eople, not to make laws to perpetuate heavy burthens upon the People.

2. According to the Antient customs of this Realm, that is, to joyn with their Fellows, not to grow peremptory and saw∣cy, and Rebellious against their Superiours in Honour and Dignity, though at that time equall onely with themselves in Power, not to violate the known and antiently renewed Priviledges, which any of the other Estates hath been long endowed with; and that by the ••onsent of their Masters that sent them thither, not to enforce their Fellows to consent to an Act against Reason, against their own Trusts, against the Obedience that they have bound themselves to by Oath, and that all, so that Elected them, are also bound by Oath to with many others; which if they doe, they forfeit their Trusts. Now to prove their implyed Commission runs in this channel, I say, First, all Parliaments ever went according to these rules, which is Argument enough: Our Laws and Liberties (which people prate of and mistake) have no other Authority than the common and constant custom of the men of this Nation.

Secondly, Is it not against sense and reason, that men should give others a Power to Undoe, Destroy, or Oppresse themselves? And can it be imagined that when the King sends his Writs out for summoning of a Parliament, consisting of Lords and Commons, according to the Antient Usage of this Realm, and the People sending their Representatives accor∣dingly to advise with the other Estates; but that the People intended they should proceed according to the antient Rules and Prescripts of Government, to acknowledge the Supre∣macy of the single Person, invested absolutely without any Power of Revocation, with severall Prerogatives and Immuni∣ties befitting, necessary and of absolute Import for the Gran∣deur, Honour and Serenity of his Person, with Power in a mo∣derate measure for discharging his Place, in putting in execu∣tion of Laws in intervals; also to acknowledge the decent precedency of the other Estate, differenced onely from them i•• the point of Honor, & lovingly, religiously and faithfully to joyn with them in establishing Laws, for the mutuall good one of another, and all the rest whose Trusts they execute. Can

it be imagined that the People intended, when they sent their Representatives up to London, at the beginning of the Long Parliament; that they or one of them did or durst think of turning out the House of Lords; equall to themselves in law∣full Power? Of turning out one half of themselves, equall to themselves? Of Deposing the King, to whom all had sworn Allegiance? Besides of a multitude of more inferiour hideous actions: I am confident, no such thing was thought (yet as to the Bishops, I do not affirm so much, nor do I count that act, being done by the three Estates any more than the excluding Abbots and Priors) then if these things were not thought of; certainly Authority to do such things were never given by the People; then it follows, that if the Representatives do exceed their Commissions, and proceed contrary to the rules before mentioned, it is not obligatory; now I intend they exceed their Commissions; when they act any thing contrary to Reason, Religion, the Peace of the Nation, the Fundamentals of set∣tled government, or impossible; some of all which, though en∣acted by the three Estates, the learned in the Law knows binde not; And indeed I am of opinion, and many more, therefore shall not go about to prove it, That the House of Commons at first lawfully Assembled, did after 642. obtrude all these in∣congruities, Absurdities, Cheates and Villanies upon the Peo∣ple of this Nation, and so forfeited their Authorities. But admitting that my Bailiffe whom I imployed to mannage my estate for me, will fall out with some that I have dealing with, and without my warrant sue, bring to tryall and recover (per fas vel nefas) something for me, under colour all this while of my Authority, and in my name, and further takes out exe∣cution, and possesses himself of the other mans goods, and pre∣tends for my use, yet keeps them to his own; and sayes all this is by my Warrant, when in truth I was against it: And admitting all this to be lawfull, and that my Warrant iustifies all he hath done; yet if I die, my Books tell me the Warrant is determined as to the executory part of it. Now I conceive, the death of the King determined, what pretence the Long Parliament could possibly have to act as a Parliament? for his death determines all Commissions, all Writs derived from him to hold at Will; so that the very Writ whereby they were sum∣moned

is by his death determined and of no force; then the superstructure must fall; besides (which is a great argument) with many) who every knew a Parliament, a Committee, or other like inferiour Commissionated Court, to hold after the the death or determination of him or them under whom they derive their Power? and if the Act of perpetuating themselves be throwne in my Dish, Ile throw that into the house of office, using it as other waste paper:

For first, I hold that Act void in its Creation, and yet shall not hint that secret force that made it an Act; but as I said before: Acts against Reason and the Fundamentals of that Government, which Impowers them to act, are void; and therefore if the three Estates had Enacted that there is no King or House of Lords in these three Nations, this had been void, and a contradiction, that that Act should take away the Power that made it an Act; when tis most certain, that if that be an Act, the King is a King, and so they are relata. So of Acts a∣gainst Reason, that should enact that there should be no King in England, &c. after such a day; this though signed by the three Estates is void; for alteration of Government was ne∣ver in their Commission, unlesse expressed, which had it been, it would have been Treason. Impossible Act, your own feeble sense will tell you are void, and you need not to see the Com∣ment by Cocke upon 35. E. 1. which Act would have had the common Seal of the Orders of Cistercians, &c. to be in the cu∣stody of the Prior, and of the foure of the discreetest of the Covent, sealed up with the Privy Seal of the Abbot; and if any Writing should be se led with any other seal than with the said common Seal; so (as is aforesaid) kept in custody, it should be void: Now observe, if it be kept in custody under the Seale of the Abbot, then no Writing can be sealed by the Abbot, and if the Abbot takes it out and seale, &c. then, &c. not kept in custody under his Privy Seal, this you may see in the printed Book, and is called de Asportatu religiosorum, I pray mind it, theress good matter to be learned from thence: Now to Ap∣ply these things, I conceive, an Act of Parliament to perpe∣tuate themselves a Parliament, is as absurd, as to enact that there never should be a Parliament again: I know the last will

be noted void by the Keepers of the Liberties, and doubtless its void as against their Commissions. And therefore if I leave lands to I. S. so long as I. N. shall think fit; and I. N. sayes he thinks fit, he shall have it to him and his heirs, this is void in law, as to the perpetuity of it, and never was intended be∣tween the parties.

But admitting that also the act good, yet Acts must be con∣strued according to the intent of the Maker, a certain rule: Now we well know, and so do you, and those unruly Members know too, that the intent of the Makers on no sides was that the Parliament should continue for ever; nor that it should not cease by a legall determination, such as is the Kings death, but onely that the King should not break them up till they had eased the grievances of the people, and that they might sit a convenient time for doing the service of the Country, this is the true meaning of it, you know well enough, and this agrees with the right interpretation of other Acts of Parliament.

But admitting that also, yet me thinks the Exclusion of half of themselves, should hugely abate the legality of their power, and infringe the priviledges and native Rights of the People, who should sit in Parliament by their Representatives, but thats a small one, I passe it over.

But further, I have heard that a Parliamen discontinued is dissolved; which was the opinion of Chief Justice Roll and Justice Aske, two men as indulgent to the designes of the Keepers of our Liberties from us, as they can finde out again: and this they declared in Captain Streaters Case, one of your own disciples: Then your Assembly being not adjourned is discontinued and so dissolved.

Just now, I fancy some may object, a Force in that case, doe so and I'le Answer it; but in the mean time, if it were a force, and that Assembly a Parliament, it was Treason; and I will never believe it to be a Force, till I see some of the Offenders hanged; and if that should come to pass, it would go hard with most of those that called them together again.

But admitting all this, yet there is one thing more that makes me Querie; And that is this: Generally and regularly, the King hath Power to Dissolve; and when the King is taken away, that

Power devolves upon the People, this I suppose must be gran∣ted; else let the Commons cut off their King, and they have ipso facto, at the same instant made themselves an everlasting Parliament, without the help of a specious Act; then ad∣mitting that the King was bound by that Act, as sub moda, I agree he was: Now the King is taken away, who is now Found by it? the Keepers of the Liberties, &c. Thats no sense, that the Keepers should be bound not to dissolve the Keepers, without the consent of the Keepers, and they are de facto, now the only Succession of the King; then it falls out now that Act is void, then hath nobody power to Dissolve; Yes the Soul∣diers, probatum est: But I mean lawfull Power? Yes, the People: And therefore I liken it to this Case.

I. enfe off I. S. in Fee of certain Lands, upon condition that he shall pay a certain summe of money yearly to I. N. And he doth not pay, who shall take advantage of the Condition? I. N. cannot, the law disables him, for none can take advantage of a Condition but he from whom the estate moves: then it fol∣lows that I. S. must if any: and so be may by law, though there be no clause of reentry by him for condition broken. This is our case, the people chose their representatives, and gave them a Commission before remembred, but with a condition annexed thereto, that the King should take advantage of it upon occasion, Now know that the King is not a stranger as I. N. is in the former case, but he joyning by his Writ with the people, is become as party to the deed, and so may have a con∣dicion reserved to him; besides the cases will thus differ, that ancient Common-Law of England (older than Commons sit∣ting in Parliament) hath endowed the King therewith. But our Keepers made that impossible to be done by no Law, which the Law made Impossible to be done in case of I. N. So that they that gave the Authority must countermand and re∣sume it again, if they can, they may certainly, for no Autho∣rity whatsoever, but is countermandeable. Now what if the people have countermanded this Authority, and that by the consent of themselves or most of them? One would think this would make it clear: Then lets consider, There is a Counter∣mand expresse, and a Countermand in law or implied: Now by both these, the people have Countermanded their Autho-

First, Expressely, then know an express countermand, is ei∣ther per alium or per se, either in person, or by others; and a countermand by others is either by command precedent, or agreement subsequent; and all these as firm in law one as the other; and that which makes for our purpose is no more, but this case: I reenter for condition broken by another; or ano∣ther reenters in his own name, and I agree to it; this may be done by law.

Now then Oliver Cromwell pulled those whipsters out by the ears, (and did them no wrong, say some, for he might as well turn them out, as they turn him out, that had better right; and he might as well Govern as they, having as good Autho∣rity and better, comming neerer the old model) but let this Act be lawfull or not lawfull (and some say no publick Act this sixteen years hath been lawfull) Yet if he hath the agree∣ment subsequent of the People to it, that makes it doubtlesse lawfull: And that agreement is very obvious.

First, The Saints agreed to it, that is to say, the Army, ask Lambert else, next the godly party in the Country agreed to it, as appears by their speedy scudding up to Westminster into the same place and confirmed it over and over: next, all the people of the three Nations agreed to it, in chosing a new Re∣presentative to Congratulate Oliver, for the good service; and to give him some handsome gratuity for his pains, which ac∣cordingly was done, and that more than once, and with great solemnity; and not onely to him, but to his Son, and that with as great solemnity and as unanimously as ever any Prince could be enthroned: And if I may speak the sense of all that ever I came neer since that time, I never heard one man speak concerning it, but heartily rejoyced, that the yoak was taken off their necks. But again, let the Designes of Oliver be what they would; yet the Peoples chusing new Representatives, as oft as occasion was offered; is clearly an implyed counter∣mand of the Commission of the former; For two sort of men cannot be commissionated severally to doe the same thing, but the first are countermanded by the last, if they be counter∣mandable; and the last are void, if the other be not counter∣mandable: Now all these several choises of Representatives

were to doe the same thing, that is, to transact the great, Af∣faires of the Nation, which Authority is countermandable, draw hence the Conclusion, &c.

And further, Its evident the Army agreed to all this, and so did a great many of those few that meet now in the Parlia∣ment house, who sate more than once in the same place they now fit in, by virtue of the Peoples new choise; which some, if not all, made, contrived and contended for; and after made Laws to confirm the then Protector, which doubtlesse shews plainly, that they took the former long Assembly to be deter∣mined; and by their actings, are by Law estopped and conclu∣ded: To say otherwise, like to this case in Law; Lessee for many years by a good Lease accepts from his Lessor a void Lease; that is, a surrender and determination of his former good Lease; for by his acceptance, he hath admitted the Les∣sor to have a power to make another Contract, which must work a surrender of his former, otherwise there could be no new contract: So it is here; which Note.

So now the grounds of my scruple being these, That its con∣ceived generally, that the long Parliament forfeited their Trusts and Authorities, by going beyond their Commissions, notwithstanding the Act of not Dissolving, &c. made by the three Estates: Or else that they determined by the death of the King? However their Power determined as to make Acts? Or else they determined by their discontinuance? or else by the Peoples reseising their Authority, and granting it to others, which they would not have done, had they intended the same should have continued: And had the Act of Oliver in Dissol∣ving them not been acceptable to the People, he had not sat so sure as he did. I must ingenuously say, I cannot see (unless I be further enlightned, which I wish some would endeavour) how this present meeting in the Parliament House, should amount to a Parliament?

But mistake me not, I offer not this to publike view to breed contentions, stirs and debates in the Land, we are like to have enough of them besides: but my main end is to have some satisfaction; and that a thing of so great moment to the people may be settled and resolved, and the consciences of

many quieted: For how can it be imagined, that the people should be obedient, when they doubt the grounds of the su∣pream Authority? And what compliance other than a passive submission can be expected, when an Usurped, confused, un∣limited, rude and groundless power shall obtrude themselves upon the Rights, Liberties and Native priviledges of the peo∣ple? When a disorderly, unaccountable and unwarrantable procedure is set on foot by a company unauthorized inferiour spirits? To whom sad experience hath dictated, that no trust or heed is to be given; because their whole proceedings have been violent, their own judgements unsettled, their pre∣tences but pretences; their thoughts conceits, and their whole practise contradictions. But now on the other side, can they assure us of hopes of a settled Government, and some advan∣tage to the publike by their changes? They shall have my Vote to be once more entrusted: But give me leave to offer one Query more.

Whether as things now stand, it is likely we should compass the designe of setting up a Free State? The grounds and inducements to this query are these:

• First, in respect of those that are to doe it by greatest pretence:
• Secondly, In respect of those that would doe it without any pretence.
• Thirdly, In respect of the thing it self to be done.

First, They that are to do it, if any, must be the men met at the Parliament House: Now as to them consider how their Power stands; for if it fall out, that they go on in an un∣authoritative way, what they do will not long stand? witnesse all the unwarrantable Attempts and Acts, that have been at∣tempted or acted from the first Rebellion; if all or most have not been opposed, contradicted, and many nulled by after contrary actions? Then again consider their spirits and tem∣pers, are they not dissatisfied, distasted and distempered spirits, are they not fiery tongues onely, that is, are they not zealous without knowledge? When they that sit at the Helm

of Government should have cloven tongues also? that is, knowledge to discern truth from errour; and know that know∣ledge without zeale is like a Ship without a ••ayle, and zeale without knowledge, is like a ship under saile without a Pilot: Also are they not men too much biassed to private Interests? do they not call the long Parliament-time a blessed time, be∣cause some of them could make shift to blesse themselves with above twenty thousand pounds per ann. and the other with faire estates? And is not this the designe of them to return willingly till the residue of the Land unsold be viis & modis brought into their own clutches, at least good gratuities? see the history of Independency.

Are they men acquainted with a Free-state, or understood the meaning thereof? Or where could they learne it, unless by some Jesuits Insinuation? I'm confident they never found a jot concerning it in the House they sit in, and where they are desirous to spend their dayes.

Secondly, In respect of the men that would do it without any pretence whatsoever, that is the Army. Now consider, was ever a long lasting Government established by an Army? Was there ever any Religion in an Army? Can we think an Army, which hath for many years burthened, oppressed, impoverished and almost ruined the people, should set up a Government. Especially whilest they themselves acknowledge a Power above them, or can a Parliament do it, when they know there is in truth a power above them? Can they both do it, when they cannot agree? Do the men in the Parliament-House signify any more than the man that stands upon the Clock in Westminster Abbey with the Hammer in his hand, and when the Iron wheeles bid him strike, he strikes: Hath it not been so (at least since 1648.) between the Army and Parlia∣ment (as it its called) durst they ever do any thing contrary to the minde of the Army? Yea, they did, and were alwayes chidden, sometimes beaten for their paines. Do the Souldi∣ers know what they would have? Yes, Money, Great estates, and nothing else? Yes Honour, and would every one be ru∣lers in cheif, and would play Level-coyle with the Govern∣ment, and so play the Foole or Knave with the people? How is it possible to imagine that so many hotspurs that stand in

equali Gradu one to the other, should ever agree in a suprema∣cy? Oliver we know was as hot as these, with as faire pretenses, but nothing would serve but aut Caesar, aut Nullus, and that would have done too; had he been as good as his promise to him that was the next him in Power, and had he came in his roome, a Free-state had not been dreampt on, but we sawe the dignity and honour was going in another Channell, and no hope of comming to us, which is intollerable: lets bring all even againe, and then may I come in and be cheife, if this were the thoughts of but one, it were pretty well, but is not this the thoughts of many? great hopes of a Free-state: And certainely the cheif grounds of our confusions are, that all would be Governours, and the hearts of most, I meane of the men in Power, are stuffed with excessive pride, and can never subiect themselves to any subordination, or live as subject, and if all be Governours, there are no Governors, like a bastard that is filius populi, is nullius filius, he that hath every one for his Father, hath no Father at all.

Thirdly in respect of the thing it self, which we must call a Common∣wealth or Free State.

A Free State? how Free? What! within the meaning of Magna Carta, cap 1. Libera pro liberata? That is, that our possessions and goods shall be freed from all un••ust Taxations and Oppressions, and a restitution made to us of our antient Rights and Liberties, and a freeing us from such Impositions and Services as have been usurped and encroached upon us by illegall Power: which is but declaratory of the common Laws of England? Or within Magna Charta cap. 9. Where Freedome and Liberties signifie particular interest and Liberties, which they have or ought to have either by lawfull grant or prescri∣ption? I pray lets have such a Free State, and I'le say no more, but thanks. But is it not meant a Free State, that every one shall be free to do that which is good in his own eyes, or that every one shall be free to do what he hath power enough to do, or that every one shall be free in Hobson's choise, to take, enjoy, or have what the Army will suffer us to take, enjoy, or

have, or nothing? or Free in paying the Souldiers, or Free to doe what the Army would have us. Let the People think of this.

But if they mean a Government by the Peoples Represen∣tatives onely, which is a Democracy, let them tell us so: why do not the People choose them? What have the Army to doe to choose men to make laws to binde me or my estate? What tell they me that the People chose those men? Tis true, but not to play such tricks as they have done: I told you before, they had abused their Authority, and it was taken away from them.

But think of a Democracy rightly ordered, That the Kee∣pers, &c. would have? but let them take heed, for if these Mounsiers once leave the House, they are like never to come there againe: And as for the Souldiers, let the people have their choise, and they would choose to have them hanged. Besides a Democracy squares not with the genius of this People; and while Harrinton (speaking well of a Common∣wealth in general) would fit and calculate it for our Horizon, because it suits with other Nations, he talks like an asse; for the laws of every Nation are suited to the constitution of the People: were it possible now to alter the Fundamentall po∣sitive ancient Common Law of this Nation concerning men and times? Its impossible; however eager Wolves may bark at the Moon: And its as impossible to subdue the hearts of the People to another frame of Government, to have it continue long. Alas! after the Kings death, the people, poor, beaten, ty∣red, Parliament-ridden wretches, were content to have any thing to be quiet; but as soon as Oliver stept up into the chair; see how willingly they conspired with him? How chearfully they embraced him? Which was onely because of the Govern∣ment, and the reduction of the ancient known Laws, and Supremacy into the ancient Channel, for as for his person, they deemed him a Traytor.

As for Oligarchy, a government by a few, a Senate, by the Officers of the Army; its so senselesse, I'le not think of it.

But this Il'e say, let them that wish for Charls Stuarts com∣ming in again, make all they can for an Oligarchy; howe∣ver a Democracy will do it: and let the Souldiers alone and be quiet: For let them have a common Enemy, or any power to oppose, theyl'e joyn and be unanimous in such a businesse. But let them rest, and have nothing to do, and they'le make something to do: Let them be idle and they'le be busie; and if they can finde no business, they'le make some; Give them no occasion of fighting with others, and my life for it, they'le fight with themselves; And when Thieves fall out, honest men will come by their own.

FINIS.