THE FOUNDATIONS OF FREEDOM, VINDICATED: OR, THE REASONS OF WILLIAM ASHURST Esquire, Against the Paper, styled, THE PEOPLE'S AGREEMENT, Examined and discussed.  
Wherein it appears, that the particulars proposed in the said Paper, are no foundations of Tyranny and Slavery; nor destructive to Religion, Liberty, Laws, and Government, as is pretended; But foundations of Freedom for this poor deluded and enslaved Kingdom.  
By WILLIAM COKAYNE, a wellwisher to England's freedoms; but an Opposer of Tyranny and Oppression in any whomsoever.  
Every man seems just in his own cause; but his Neighbour comes after and tries him.  
LONDON. Printed for John Harris, 1649.   

To the Reader.  
Reason's against Agreement, however besmeared with golden phrases, are too much (I fear) studied by such whose endeavours are to keep us in bondage, under an Arbitrary Government, where will must be undisputable law; whose finger will prove heavier than their Father's loins; as in part appears by the Reasons against Agreement: which title, had it there stayed, had most suited the subject, whose seeming sugared words are mixed with wormwood, promising fairness, but viperously stinging the poor despised Army, as endeavouring to enslave and ruin the Kingdom, which (under God) they have so oft miraculously preserved; to alienate the People's affections from them, instead of a reward answerable to their long and tedious miseries, and to divide them amongst themselves, thereby to obtain, what neither violence of protested Enemies, nor subtle devices of pretended Friends, could yet do: endeavouring to starve them, for want of pay, as not worthy of their wages, when done their work, or to live under and amongst those they have sacrificed their lives for: But as God hath hitherto owned and honoured their undertake, so I trust will, maugre the malice of all Calumniators.  
I doubt not but the Gentleman is already Answered, by abler Judgements; yet (being thereto importuned) as concerned with others in the Kingdom's freedoms, I have (though the unworthiest of thousands) cast in this small mite, which of it prove like the stone from from David's ●●●●▪ let God have the honour. All I desire, from 〈◊〉 〈◊〉 Reader is impartiality, who not being overpoised in a regal balance, may without forestalledness weigh what is written; and if in any thing I err from right principles, to convince me by sound reason; and I shall be induced easily to close with him, and freely renounce what I have written.  
Farewell.   

REASONS against the foundations of Freedom, or the agreement of the people, Examined.  
I Shall now proceed to the Reasons, which for the most part, are but his own suppositions, fight with his shadow, and putting down the fabric himself reared: For  
First, he saith, it proposeth that the People, Reas. 1 or rather a small part of them, may agree to alter, etc. But how such conclusions can be squeazed from it, I see not; seeing what is written, is but propounded to the Parliaments considerations, and as they see cause to Act; and if we way not declare our pressures, as also propound ways of redress to our trusties, what are we but perfect slaves? And is there the like equality, in taking away men's Estates and Lives, as in altering the choice of Members? where the divisions are so unequally distributed, as to have ten or twelve in some Countries, and but four in others, not inferior to those; but I cannot much blame him, for so strongly pleading the interest of that County, himself is a member of; And what precedent or ground can it be to any, be they few or many to attempt such things he mentions, from what is propounded by the people, and assented unto, & acted by the Supreme Judicature in the Kingdom the Parliament? And it's no wonder he fears mutation, (all men being mutable) having so fresh a precedent, from those who should be the Kingdom's supporters, as no Addresses, Addresses, and no Addresses, Vote out, in, and our again, not acting by Fancy, or sudden Apprehensions; but forced through the prevalency of corrupt interests in some, which also became a midwife to that Monster, viz. a Treaty with a conquered Eenemy.  
Reas. 2 He saith, it is unreasonable, etc. If the inconveniences be not sufficiently discovered, by the many thousands slain, in these unnatural bloody Wars, with the persecutions and oppressions of old, acted under this so much applauded Government, to the ruin of thousands; what would we have more to do it? And hath not eight year's time been sufficient to debate it, and find out remedies for it? though the Gentleman wants patience in other matters, yet it seems he hath patience enough, to see the Kingdom by groaning under Tyranny and Oppression, almost ready to give up her last breath; but seeing the disease, through delay, is become gangrenous; and, through overly daubing, corrupt at heart; its high time to seek out a sharp Chirurgeon, and lance to the bottom, yea, and cut off too, by impartial Justice, rather than destroy the whole Body; which are reasons sufficient for so great a work.  
Reas. 3 The third reason is, from King, Lords, Protestations, Experience, former Wars, and Kingdom's distractions. Are Kings, and Kingly Government of divine Institution? It's true, Government is, but whether by Kings, or otherways, is of man, a humane Ordinance; and not by a holy unction from God, by peculiar immediate command from God, but elected by a People; So that the same Power which sets up, may pull down, when the cause is Just; the right understanding whereof, as also the vast difference between Israel's Kings and ours, would remove the veil from the people's eyes, that they would not so much adore the name and person of a King, especially when we see their ambitious nature mounts them up so high, that nothing will content, unless all must be their slaves: As for the Lords, when either themselves, or the author, have cleared their rightful sitting in the Supreme Judicature of the Kingdom, for, and over those, who never called nor entrusted them, (being merely the King's creatures) it might with more colour have been objected. And what if the Parliament protested to maintain such a Government? I suppose it was before they had that experience, of the evil of it they now have, and must their Protestations be of more weight now, than the Kingdom's safety, and People's freedoms; so as to restore those to their former Dignities, who have left no means unassayed to enslave and ruin us? And to reflect back upon your hundred years of experience: under what Government was the Marian Persecutions, your Butchers and Bonner, your Ship and Pole Monies, with thousands other Monopolizes and Oppression, under which this poor Nation hath so long groaned? And doth not experience tell us, that almost every Age hath had a new Religion established by humane Law? and yet all of them persecuting the Saints; and was it not at present, posting after them, (though under a new garb) with no less rigour and violence, than their Predecessors, had not divine providence prevented? And what if in former Wars, the people were willing to purchase Peace with slavery, must we also? we have reason rather, to be more wise and cautelous, by their, and our own experienced miseries, and to look now to our so dear-bought freedoms, since the effect of this is tyranny, and that produceth war, as the author himself implies; And I may also add further, that in these distracted times, we have no need of such nation, and Army-dividings, as these reasons will produce.  
Is the taking away the power and Privileges of Parliament. Reas. 4 And how? viz. by establishing a byenniall Parliament instead of a triennial, with fuller power than ever, or at least was ever yet acted; but the mystery is, viz. because they may not have an arbytrary power, without and against law, and that they, and their attendants may not be free from law, and to protect whom they please; it seems we have brought our hogs to a fair market, and fought to good purpose, against a tyrannical King, to set up the same again, with an addition of an arbitrary tyrannical Parliament. It's true, we have sworn to maintain their power and Privileges, but was it not like the Bishop's oath, etc. to swear to we know not what? it being never declared what those were, but what themselves said was, we must defend, and so were led like blind bayards to the water, if not as fools to the slaughter, therefore it is we desire to know their limits, that we may know which to defend; which being clearly done, I doubt not, but we may subscribe to the paper, or most of it, without palpable or notorious perjury. But suppose we have sworn to maintain that which will be our slavery and ruin, must such oaths be prosecuted? I suppose your present Ministry will teach you better. And for the change of the constitution, I answer: IF it appear, that part of it was usurpation, as indeed it was, it's time to rectify it, that for fear of swearing to something but like a Parliament, we may not swear to that which is more than we ever called or entrusted; and to say truly with the Poet,  Incidit in Scyllam, cupiens vitare Charybdin. 
Reas. 5 Is by force to take away the present Parliament, whereas the Paper proposeth no such thing; but that the Parliament would dissolve themselves, because the Kingdom cries out of their long fitting, thinking they are so well seated, that they will fit in perpetuum; and to provide for future, that we may not be at uncertainties; and that they may not, after the example of Scotland, adjourn for two years, to act the like Designs, which no doubt was the intention of those that moved it, which will take away those fears of having two at once: neither can any party pretend from this to be a Parliament, unless elected as propounded, seeing it propounds a certain way, time for elections, and for the beginnings and end of future Parliaments, or Representatives.  
Reas. 6 To the sixth, I Answer, that had I not known the Author, I should have thought him no other, but one of the Royal Faction, or at least strongly affected that way; for it seems, as though he would not have Delinquents debarred from elections, else why couples he them, and such as have assisted the Parliament, together, by this term as well; although they have clearly forfeited their freedom, by these unnatural wars, in opposing the Parliament, which others also may do; though formerly assisted the Parliament: witness hotham's, and others; if now oppose what the Parliament settles for the Kingdom's good, which is that the paper propounds, and so not done by a few, neither will it be slavery to any, except delinquents, and such who are biased on other as rotten principles, that they had rather expose the nation to slavery and ruin, then be frustrated in their own designs.  
Reas. 7 Is making parties by subscribers and non-subscribers, with a great deal more of the like; all which might as well, and as strongly have been objected against the Parliaments Protestations, and Covenants, which was then little considered, though it tended to divide the Parliaments friends, yea Parliament itself, by Covenanters and Non-Covenantor: yea such as was most cordial & have proved most instrumental for the Kingdom's safety; without giving them any hopes of future security, yet rather of persecution and oppression; banishment at best, if not submit, yet then thought the only way for the Nations good.  
Is but a repeating the same things over again, Reas. 8 in effect the same with the 3, 4, & 5. whither I shall refer the Reader, and only take notice of some passages, viz. that no power is intended to be above this Representative: and what need there? seeing this is granted (Reas. the 3.) to be the supreme Judicature; can it be supreme, and yet have one above it? if objected; that it must consist of KING, Lords, and Commons: I ask then, why did this present Parliament act without, yea and against the KING, yea and Lords too; and declared they might, and would so do? I do not say they are fallen from their primitive principles, that thus object, let others judge; and why will not their Laws bind? the Paper propounds all to be bound by them; except they expressly violate this agreement, the clear expressing whereof will remove that objection of every man being Judge, for any man that hath eyes, can judge when the Sun shines, when not; and what is said of forceable opposition, is no more than may be said, against any Government what ever: suppose a better could be found out, witness the Cavaliers; which will not take away the lawful power of this, or any of their under Officers, any more than of others.  
Is toleration of Popery; Reas. 9 whose principles are so clearly inconsistent with any Government, but under the Pope, besides what of late they have acted, that there is ground sufficient to suppress or expulse them, without meddling with their Religion: But consider, are not their principles very near them, who would compel all to be of their Religion? on the same ground one may do it, may another; all the difference is, the one hath the Magistrate for him, the other not; and whereas it is said, men are left to be of any Religion, or no Religion. I quere what Religion compulsion makes men of, but that the State is, be it what it will, true or false, of any as the State turns, so they, and so consequently are of no Religion. And where, or when did Christ give any such power to the Magistrate to compel men to Religion? if not, is it not an high contempt against him, for men to devise a way of their own, as if his were insufficient to do his own work? is it not to make Christ unfaithful, and ourselves wiser than he, so that the more its abhorred by good men, the more edium they cast on Christ; and if this be not Blasphemy, I know not what that word [〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉] denotes: If your Ministers be the Apostles Successors, (as they pretend) let them use the Apostles weapons, and not turn the Sword of the Spirit, into a Sword of Steel: And whereas he saith, the Paper was made by a Jesuit, or the KING's old Counselors, and it tends to take away the Regal power, is a contradiction; a riddle cannot be unfolded.  
Reas. 10 Is the Irish Wars, etc. If this Parliament had authority to begin them; may they not be prosecuted by the same power, when it's dissolved? unless their power die with them, I mean what they have done during their sitting, when dissolved; then to what purpose are they? unless to keep us in a fool's paradise for a season; and return us again to our old slavery, and all because the KING will not assent: if the War was lawful, it may be prosecuted by a new Parliament; if not, why begun?  
Reas. 11 Is the Scots interest; which if it stand in opposition to our Freedoms; it seems we must couch and return to our old slavery, rather than hazard their frowns, so that our freedoms must depend on the Scots; and what we may expect from them, let the last Summer judge, which was acted not by a few, but their Supreme power the Parliament; so that it seems Parliaments may err, and be opposed also, and that the People may judge of it, (which serves to Answer part of his 8. Reason.) else why did we justify them that opposed and suppressed the Parliaments force to exalt them? and if those who were freed from slavery, by means of that now so much despised Army, shall attempt to second their Brethren for King and Presbytery, (which, I hope, they will not) I doubt not but they will meet with the like entertainment.  
Reas. 12 Because it destroys the Cause we have fought for, and doth the Enemy's work, etc. The Enemy's work was to set up an arbitrary King, and to destroy not only this, but all future Parliaments against which we engaged, and not to set up the same tyranny in King and Parliament; all the Paper proposeth, is a dissolving this Parliament (not by force, but willingly) to give way for another, that the People may be free, who did not choose trusties to be their perpetual Lords; and if it was so high an attempt in the King to impose upon Parliament Privileges, being the supreme power; is it not much more to King and Parliament to impose upon the People's Liberties, who under God, are the original of all just power, as the Parliament declares; so that the power and privileges both of King and Parliament are from the People; therefore if they stand for their just freedom against tyranny, whether of King, or Parliament, it's no doing the Enemy's work. And for being Treason, etc. what was done, was by Parliaments power; but suppose it had not, the People being original of all just power, and salus populi, the supreme Law; if the Parliament had deserted them, and adhered to the KING's interest, as many did, they might have oppugned both, unless we be bound to sit still while our Masters tread upon our necks to mount the chair of tyranny, yea cut our throats; I know not what Law the Author may have for it, I am sure neither the Law of God, nor nature will warrant it; I suppose those of the Scots who opposed their Supreme power, and joined with our Armies, will teach us something; so that this is but a bone cast among the Army, to divide and break them; that their Enemies may with more facility act their cursed designs to enslave both them, and us.  
Is but a repetition of most of the rest (to blind the Readers eyes, by multiplying words) to which I refer the Reader, Reas. 13 only thus much by the way, that none of those he mentions will be against the Paper, or most of it; but such who are engaged, or interessed in the Royal designs, and that hope by advancing an Arbitrary Government in the State, and a compulsive persecuting Government in the Church, to be the Kingdom's Masters: And of the rest, such as know not their own freedoms, are content to be Slaves in peace, or such as would have none to live with, or amongst them, but of their own Faction, that will say and act as they do, and be of any Religion their Lordly Masters impose upon them.  
I have done with his Reasons, but shall touch some of his strings in his General Observations, especially that of the Priests, who as they have blown the coals of contention in our late Wars, so are still active to preserve their own corrupt interest, interweaving themselves with the Magistrate, not being able to stand upon their own bottoms, dare not trust Christ from whom they pretend their Commission: I shall leave his profession to his own Conscience, whether his tongue and heart agree, and the Reader to these lines, to try on what basis he stands.  
I come now to his General Observations upon the particulars prepared for the new Representative, viz. no Death but for Murder, no Imprisonment for Debt, no Tithes, no restriction of Trade, no Lawyers nor Laws but in English, and Twelve men in every Hundred to end all Differences; but seeing he leaves some of them untouched, I shall also:  
And first, I shall not take upon me to assert that none ought to Die but for Murder, but that punishments should be more equal to offences, were meet, and not to take away men's lives for such trivial matters, as in some Cases by our Laws; whereas God in the rigour of the Jewish Law never required it, which is to make ourselves wiser than God; and certainly the reasons, why our Laws are so ineffectual; but rather harden men in their exorbitancies, is the inequality of them; in exacting what God never required: and undoubtedly we might expect a greater blessing upon them, if they were more equally proportioned to Offences; but here I observe, that he would insinuate to the People, as though the Paper propounded to have Laws made in favour, to encourage men in such enormities as he mentions, which is a gross (I say, not a willing) mistake, whereas an equality of punishments to offences, is only desired; Equity being the rule we should act by: neither doth it propose to take away the Law, but to have it in our own Language, that every man may know the Law he is bound by; and what evil can that be to any, except to the Lawyers, who make a prey of the People's ignorance, and therefore would still keep us under that slavery? for, what greater slavery can People be under then to be bound by Laws they cannot understand, but must take them on trust, from such as make a Trade of it? And if we had fewer Lawyers, and more Hundred Courts, we might have more honesty and justice, and not so many poor People ruined through tedious delays, sometimes two, three, four, yea six years, before they can have justice, and happily not then neither: And if our Laws were in English, we should not need fear so much ignorant Juries, which might also be chosen of men responsible enough, if miscarried; Neither is it absolutely required that they should supply the Places of Sheriffs, Justices, etc. but left to the Parliaments to appoint as they see needful; only a free Election is desired.  
But the great business is the Ministers, and their great Diana the Tithes; who being in like condition with the unjust Steward, if displaced cannot dig, and are ashamed to beg, must be wise in their generation, (as the Children of this world are) to uphold their repute: and having by that craft got their live, will rather set the whole Nation on fire, and in confusion, than lose the hopes of their gain: hence they intermix themselves with the powers of the earth (like the trees of daniel's Image) making use of that old Antichristian engine, which like prompt Scholars, they have learned from their grand Tutors, the Bishops, viz. no Bishop, no King; which is now metamorphized into that ugly monster, no Minister, no Magistrate, no Tithes, no Landlords Rents; advice to support their tottering Babel, and mouldering pomp; whereas nothing is more evident, then that a Magistracy hath and may stand entire without them; and the Ministry of Christ without, and in opposition to the Magistracy; which demonstrates them to be none of his sending, that cannot act without a power from man; but they well know that if they can instill that principle into the Magistrate, they have made all sure, viz. that thou they must stand and fall together: wherefore I wish our present Powers, may beware of such Doctrines, and not suffer themselves to be so deluded by such selfseeking Gospel merchandizers, & no longer endeavour to mix clay & iron together, lest when the present Ministers follow their Fathers the Bishops, they bring the present powers into the King's condition. It's not desired that the Magistrates would take them away, i.e. suppress them; but to let them stand upon their own bottoms to act by his power (they say) sent them, that so they may manifest the truth of their Office; and to be content with his wages, for what greater dishonour can they do to Christ than distrust him; if he sent them, he is able to defend them, (being neither asleep, nor in a journey) and provide for them; (that they need not play the Sons of Eli) without, yea against all the powers of the world; whereas by their own confession, if the Magistrate provide not for them, they must starve, neither have they any power to act but from him; which is true, for the power they expect and cry so loud for, is of Man, not of God, who will not have men brought into his fold, by the head and shoulders; but by the Word of truth, spiritual weapons; which demonstrates them to be the States, the Magistrates, Ministers; not Christ's, though the Gentleman is so much offended that they have their right titles: for from whom I receive power to act, and pay for my work, his Servant I am; for my part I have nothing to say against them that will have such Servants, Lords rather, much good may they do them; but its meet than that they should maintain them, and not force others to do it; for, what greater oppression can People be under, than be forced to maintain other men's Servants, to live idly, when neither receive, nor expect benefit by them in the ways they act; It's true, that the Scripture speaks of Ministers, but that they are the men, sub judice lis est: and that they should live of the Gospel is true, but that its left to the Magistrate to proportion is as untrue, and without the least colour of Scripture, and least of all that its Tithes, unless we be still under Moses and the Law, and deny Christ to be come in the flesh, which though their tongues confess their deeds deny, and so their actions give their tongues the lie: and therefore of all men they deserve the least to be tolerated, who cry out so much against it, and themselves come under the same condemnation. But now they have got a new trick for their Tithes, a jus humanum; now they see their jus divinum will not serve; which was their old pillar, (till their deceit was found out) and all that withheld them, yea the Impropriators, were judged Sacrilegious; though now content, yea glad they are so disposed of, being the only way to preserve them a share: and whether each man best deserve his own, I leave them to judge who take most pains for them: and when a man hath laid out his Estate to improve his Lands, another must have the Profits, (for my own part, I have none to pay, and therefore plead not for myself.) And how Impropriators may be satisfied, I leave to the Parliament, who by their own wisdoms, and such ways as (no doubt) will be propounded, I presume will give the Gentleman and others satisfaction.  
And now I have done both with his Reasons and Observations, and shall (with him) leave all to the Readers judgement, and think he might have spared his own, there being no such thing as he pretends, but contrariwise a Magistrate and Government with as full a legal power as ever, a Minister and Maintenance of Christ's appointing, not man's, such means to bring men to piety, and purity in Religion Christ hath commanded, but no tyrannical Magistracy, no Arbitrary government, no Lordly Prelacy, no usurping Tythmonger Presbytery, no Whips, Fines, Imprisonments, and such like Antichristian engines to force men to a State-religion, whereby they may be made of any Religion, and indeed of no Religion, but changing with wind and tide, are in sum notorious Hypocrites, and being so proselyted become threefold worse than Children of Hell.  
FINIS.