FInding , by several Letters , published in Your Name , that you professe a more then ordinary zeal to popular Government ; and not knowing any thing herein , that can so mislead you , but the glorious pretence of a Free State ( a notion , which hath , even , intoxicated many ; ( otherwise , great and worthy Persons ; ) I held it my Duty , first , to acquaint you , how necessary it is to distinguish betwixt the Form and Essence of a Common-wealth , the mistake whereof ( each for the other ) hath proved so fatall in our times : Next to examine , whether those that surfeited of our Kingly Government , and longed for Novelty have not , indeed ( like the Dog in the faable ) lost the substance of Liberty and happinesse , in pursuit of the shadow .

Our fierce Champions of a Free State will not , I presume , maintain , that it is subject to no violations , least wofull experience confute , and force them to confesse , either that a Common-wealth may degenerate ; or , at least , that this never was a Commonwealth : And , as they must renounce their senses , so they must deny the Faith of Story , which proves , that Republicks have been sometimes invaded with Usurpation , sometimes Debauched , and Embased with Oligarchy ; mostly ( by reason of their weaknesse , and divisions ) subdued , or forced to truckle under their neighbouring Princes ) alwayes tormented with faction . Neither , indeed do they , themselves offer any argument but such , as , in effect , beg the question , by presupposing great unity in the Coalition , great probity in the Intention , and great purity in the Exercise ; which doubtlesse , being admitted , we should so little need to differ about Forms , that perhaps , we should scarce need any Government at all . The stoutest assertors of Monarchy , likewise , must acknowledg , That it , being but earthen ware , ( though the finest and strongest ) is subject to divers accidents ; For nothing under heaven is perfect : And when we constitute Governments , we must not think to build Babels against the Deluge , but embank against floods and enclose the best we can against Trespassours . This being premised , let us consider these two Governments , not Metaphysically , in notions , abstracted from their subjects , ( a pastime , which our Platonicks much delight in ) but morally and reasonably , as concrete , & adapted to times , places , and persons , viz. our own .

I might , perhaps decide the question , in few words , by alledging the manifest inclination of the whole people , now to Monarchy ; For , As no man can be wronged with his consent , so neither is any to be obliged against his will , And how should a Government founded upon inequality and force , ever subsist without it ? Or a State , which is the meer Adjective of an Army , becomes a Substantive ; beginnings of this kinde being so ominous ? As reasonably might I object matter of Title , and forrain pretence ; For the same estate , with a flaw in the Conveyance , or clogged with Statutes and Judgements , is not , surely , of like value , as if it had descended clearly from the great Grandfather , and were free both from Claimes and Incumbrances ; and one that hath little , yet ows nothing , is likelier to thrive then he , who owing vast sums ( which he resolves never to pay ) dares not walk the streets for fear of Serjeants ; But my intent , is onely , to shew , that , our former Government ( as it excellently complied with the Laws Genius , & Interest of this Nation ) so it comprehended all the benefits of a Common-wealth , in great perfection ; And this I shall doe , as briefly , as I can .

To shew how it complied with our Laws and Constitutions , let it suffice that ( Monarchy in these Nations , being more ancient then story or record , more Venerable than Tradition it self ) our Laws were ( as it were ) under that Climate , habituated to that ayre and dyet , grafted into that stock ; and though they have ( God be thanked ) forgot their Norman , yet they will hardly learn Greek , much lesse , Vtopian : That , in the late Protectours times , our Lawyers with one voice , importuned him , rather to assume the stile and power of a King , to which , they found all our Laws were shaped , then retain that of a Protectour , unknown to the Law : That nothing hath rendred our Architectours of a Common wealth more obnoxious , then that their infinite discords in other things , generally , agreed in the necessity of subverting all our Fundamentals , in order to their Designe ; which hath likewise oblig'd all sober men , and true Patriots ( even the chiefest Pillars of the Parliaments Cause , in the late War ) to unite themselves , with the Royall Interest , as not enduring to hear of those violent and dangerous alterations , which they see a Republick must introduce .

For its compliance with our Genius , consider , that as our English nature is not like the French , supple to oppression , and apt to delight in that pompe and magnificence of their Lords , which they know , is supported with their slavery and hunger ; Nor like the High-land Scots , where the honour and Interest of the Chief is the glory of the whole Clan ; so do●h it , as little or lesse , agree with the Dutch humour , addicted onely to Traffick , Navigation , Handy-crafts , and fordid Thrift ; and ( in defiance of Herauldry ) every man fancying his own Scutcheon : Doth not every one amongst us , that hath the name of a Gentleman , aim his utmost to uphold it ? Every one that hath not , to raise one ? To this end , do not our very Yeomen commonly leave their Lands to the eldest Son , and to the others , nothing but a Flail or Plough ? Did not every one , that had any thing like an estate , pinch himself in his condition , to purchase a knight-hood or smal Patent ? What need further proof ? Our late experience of that glympse and shadow of Monarchy , ( though in persons hated , and scorned , and upon a most scandalous account ) yet ( for meere resemblance ) admitted as tolerable , and in respect of a Common-wealth , Courted , clearly evinces , how gratefull the substance would be to Englishmen .

For our Interest , briefly ( to wave tedious and politick discourses , ) certain it is , that our Republick , ( were it like to settle ) would alarme all our Neighbours , would make our best Allies , our bitterest enemies , and ( upon several accounts ) probably draw upon us , the united forces of Christendome to crush the Embrio . Which ( the Nation being so weakened , and divided , as it is , ) must evidently endanger our totall oppression , or at least , to bring in the King by Conquest : Besides , by what Title shall we pretend to hold Scotland and Ireland , since that of Descent is now avoided , and Consent we know there is none , nor , indeed , can any be expected ?

I come now to assert , that our former Government , eminently , included all the perfections of a Free-State , and was the Kernel , as it were , of a Common-wealth , in the shell of Monarchy : First I will begin with the essentiall parts of a Common-wealth , which are three , viz. The Senate proposing , the People Resolving , the Magistrate Executing : For the Senate or Parliament , if , ever there were a free , and honourable one , it was here ; where the Deputies of the whole Nation , most freely chosen , did , with like freedome , meet , propound , debate and vote all matters of common Interest : No danger escaped their Representing ; no grievance , their complaint ; no publick right , their Claim ; or good , their Demand ; In all which the least breach of Priviledge was branded as a civil sacriledge , And though there lay no Appeal to the dispersed body of the People ( a decision manifestly impracticable in Government , and sitter indeed for Tribunes to move , then Nations to admit ) yet ( Elections being so popular , and Assemblies frequent ) the same end was attained with much more safety and convenience . The Prince had , likewise ( in effect ) but an executive Power , which he exercised by Ministers and Officers , not onely sworn , but severely accomptable : For though both he and the Lords had their Negatives in making Laws ; yet ( no Tax being impossible , but by Consent of the Commons , nor any Law , ( without it ) of such validity , that the Ministers of Justice durst enforce it ; ) There was a wise and sweet necessity for the King , and likewise for the Lords ( who were but as a grain in the Royall Scale ) to confirm all such Bills , as were convenient for the People and not greatly hurtfull to the Prince ; and so this Bug-bear Negative , was resolved into a meer Target , to shelter and preserve the Government from being altered , at the Will of the Commons , if , at any time they should prove Factious : which ( being in reason manifest ) hath been also confirmed by great experience : Our Kings having , rarely , obstructed any Bill , which they might safely grant ; but on the other side , passed many high Acts of meer Grace , circumscribing their Prerogative , and clipping its Wings ; nay , I could wish they had not peirced its bowels . This was that triple Cord , which one would think , could not be broken ; nor indeed , was it broken , but cut asunder : This was our Gold , seven times refined ; for every Bill , being thrice read , debated and agreed , in either House , was at last , brought to the King , for his Royal Assent , the Mint of our Laws : A triall so exact , that surely , no drosse could escape it ; since all Interests must thereto concur ( as truly , it was but sit they should , in the establishment of that , which must binde them all : ) This was that Temperament , which poised our Humours , and at once , endued us , with health , vigour and beauty ; No Vote was precipitated , no Act was huddled up ; As by sad events , we have since seen , that , Power being engrossed by one of the Estates , purged and modelled to the Interests of a faction ; a consequence natural to such premises : ( As in a Ballance consisting but of one scale ) nothing hath been weighed , our laws have been Mandrakes of a Nights growths , and our times as fickle as the weather or multitude .

The King indeed , had the Power of making War , but he had not the means ; And then , it signified no more , than giving him leave to flye , if he could get wings ; or to go beyond Sea , so he went without shipping : He had a Sword , but he alone ) could never draw it ; for the Trained ▪ Bands were a Weapon , which he ( decently ) wore , but the Nation , onely , could use : He chose his Ministers , ( as who doth not his servants ? ) But alas , he was accomptable for them , to the Trienniall Parliament , which none but the soundest Integrity could abide : He could hinder the stroke of Justice with his Pardon ( though still , the jaws not being muzzled , it would bite terribly ) but certainly , it was great wisdom , rather , to give way ; since ( with his own scandall ) he could afford offenders but a lame and scurvy Protection ; and since the Power of relieving his VVants rested in the Commons , to ballance his Will , and oblige him to a Correspondence with Parliaments .

That his Person should be most Sacred , it was but needfull ; to avoid circulation of accompt ; reasonable , since it carries with it , the Consent of Nations ; Just , that he should not be the meer But of Faction and Malice , in worse condition , than the basest of Vassals ; Honourable , that the nakednesse of Government might not be daily uncovered ; VVise , in the constitution , not at once , to trust and provoke , by forcing him to shift for his own Indemnity , no danger to the Publick seeming 〈◊〉 extream , as the Outlawry of a Prince ; no task by daily experience so difficult , as the arraigning of any Power , whether Regall or Popul●r ; And since we make golden Bridges , for flying enemies , much more may we afford them to relenting Soveraigns ; ( upon which account , in our neighbour Kingdome of France , even Princes of the blood are not subjected to capitall Punishments ; ) Finally , very safe , in the consequent , for ( being ( by the danger , threatning his corrupt Ministers ) in all probability , stript of Agents ) his personall impunity might , well , signifie somewhat to himself , but nothing to the People .

A Revenue he had , for the support of his State and Family , ample ; for the ordinary Protection of his People , sufficient ; but for any undertaking , defective ; and for publick oppression ; so inconsiderable , that when Prerogative was most Rampant , our greatest Princes ( and some doubtlesse , we have had , the most renowned Warriours of their Ages ) could never prudently aspire to make themselves sole Legislatours , nor presumed to maintain Red-coats in times of Peace . If any object , ( as some , concerned , are ready enough ) that Kingly Power could here , no longer , subsist , for want of Revenew ; It is easily answered , That a King of France , indeed , could not , and God forbid , he should ; but a King of England might , and ( for ought I see ) still may ( the sale of Crown Lands , which exceeded not the value of 100000 l. per annum , being , methinks , no matter of utter ruine , but rather of easie compensation . ) For the publick Revenue was proportioned to the maintenance of Courts , not Campes and Fleets ; A Gentleman of reasonable estate may live well on his Rents ; But then , it is not convenient , he should keep Wenches , or hangers on , nor build , nor study Chymistry ; In fine , the Revenue was very competent for ordinary disbursments , as for extraordinary , if he resorted to Parliaments , the wiser he , the safer and happier , we :

I desire all our Projectours of Common-wealths , to contrive greater freedom for their Citizens , then is provided by Magna Charta , and the Petition of Right ; Or shew us , that it is not much easier to violate , than to mend them : For , thereby our Lives , Liberties , and estates were , under Monarchy secured , and established , I think , as well as any thing , on this side Heaven : It were no soloecisme to say , the Subject had his Prerogative as well , as the King ; And , sure I am , he was in as good ( if not better ) condition to maintain it , the dependance being lesse on his side : Liberty was no lesse sacred than Majesty ; Noli me tangere , was likewise its Motto ; And in case of any , the least infringement ( as escapes in Government may happen even in the most perfect ; ) It was resented , as if the Nation had received a box on the Ear ; If it be , as they say , the glory of a Free-State , to exalt , the scandall of Tyranny , to Embase our Spirits ; doubtlesse , this was our onely Common-wealth : for , ever since , me thinks , we have learned quietly to take the Bastonade .

I wish we now could , or could ever hope , under our Common-wealth ( what ever promises may be made us ) so perfectly to distinguish the Legislative from the Ministerial Authority , as once we did ; when the House of Commons had not the power of a Court Leet to give an Oath , nor of a Justice of the Peace , to make a Mittimus : Which distinction , doubtlesse , is the most vitall part of Freedome , and far more considerable to poor Subjects ( than the pretended Rotation ; As on the contrary , the confusion of them is an accomplishment of servitude ; For which the best Republicks , I fear , have more to answer , than any limited Prince can have ; Certain it is , that as our King in his personall capacity , made no Laws , so neither did he , by himself , execute or interpret any : No Judge took notice of his single Command , to justifie any Trespass ; no , not so much , as the breaking of an Hedge ; his Power limited by his Justice , he was ( equally with the meanest of his Subjects ) concerned in that honest Maxime , We may do just so much and no more , than we have right to do ; And it was most properly said , He could do no wrong ; because if it were wrong , he did it not , he could not do it ; It was void in the act , punishable in his agent . His Officers , as they were alike liable , so perhaps , they were more obnoxious to Indictments and suits , than any other , by how much their trespasse s●emed to be of a higher nature , and gave greater alarm : His private Will could not countermand his Publick ; his Privy seal , ever buckled to the great Seal , as being the Nations , more than his ; his Order superseded no Processe , and his displeasure threatened no man with an hours imprisonment , after the return of H●beas Cor●us : An Under Sheriff was more terrible , a Constable more sawcy , a Bailiff more troublesome than he : And yet , by his gentle Authority , this Scabbard of Prerogative ( as some in derision , have called it ) which ( if it would ) could scarce oppresse an Orphan● ; Tumult was curbed , Faction moderated , Usurpation forestalled , Intervales prevented , Perpetuities obviated , Equity administred , Clemency exalted , and the people made , onely nice and wanton with their happinesse , as appears by their ( now so impatient ) calling for that Mannah , which they so causelessely ) loathed .

To Conclude , what shall I add ? The Act , enjoyning the Keepers of the great Seal , under pain of High Treason , to summon a Triennial Parliament , of course , by virtue of the Act , without further Warrant ; The Act , forbidding the Privy Councel , under like penalty , to intermeddle with Meum & Tuum , the Laws abolished the Star-chamber , High-commission , &c. branding all past , and bridling all future enormities ; the Statutes limiting the Kings Claimes , and relieving his Tenants from exaction of Forfeitures ; Besides many other principal immunities , wherewith ( by the speciall favour of God , and bounty of our Princes ) we were blessed , farr beyond any of our Neighbours ; Above all , our assurance , that we might readily , have obtained such further addition and perfection of Liberty ( if , yet , any such , there were ) as would consist with modesty , or liberty it self to ask : Do they not , aloud , proclaim , that we were then , the mirrour of Governments , envy of Monarchies , and shame of Commonwealths ; who could not but blush , to see themselves so ecclipsed and silenced , in all their pretences to Freedome ? Do they not more than justifie my Assertion , That with all the Ornaments of the noblest Kingdome , we had likwise , all the enjoyments of the Freest State .