A REMONSTRANCE AND DECLARATION OF The Knights, Gentry, and Commoners, within the respective Counties of England, and Wales, touching the late Writs of His Highness the Lord Protector for the choosing of a new Parliament. With the several Arguments and Observations, truly denoting and setting forth, the fundamental Laws of the Land, and the privileges of the people, for the free election of their Members, without being overawed, or forced thereunto. And certain Rules touching the Government of a Nation, prescribing a way of limitation for those in power, according to the Law of God, the Law of Man, and the Customs of a free born Nation. Imprinted at London by Robert Wood, 1654. THE REMONSTRANCE OF England and Wales, Touching the free election and choice of the next Representative, etc. WHereas upon the Writ and, Summons of his Highness the Lord Protector to the ●h●ri●s of each County throughout England and Wales, etc. For the electing and choosing of new members, for the next Representative, several Boroughs have had sundry meetings about a free and lawful election; whose Debates, at last, produced these Observations and Arguments, to wi●, That he which ruleth without Law, or he that liveth without Law, is not a god, but a Tyrant. In order whereunto, it was conceived expedient to declare and show what was Law, and what was not Law; and thus they remonstrate, That is Law which a people, Nation, City, or Commonwealth do entirely and unanimously consent unto; not being forced or overawed to consent thereto. For, that is not law that is imposed upon a people, when neither they, nor those deputed by their lawful election, have given their consent thereunto, without being awed to such consent, or invited by expecting reward, or fearing, displeasure if not consenting. To evince and make this obvious, there needs no more than a reciting of what Sir Edw Cook reporteth of the ancient Custom of England, which without question was most commendable, wise, & prudent, and so plain and evident, That by the ancient Law, and Custom of the Parliament, Proclamation of old time used to be, the which ought to be published at Westminster in the beginning of Parliament, That no man, upon pain of losing what he 〈…〉 done, Westminster, or the Suburbs thereof, wear any Coat of Armour, or privy Coat, or go armed; nor any Games or strange Plays used, By reason that the High Court of Parliament should not be thereby disturbed, or the members thereof, which are to attend the business of the Commonwealth. And he further saith, That it was the custom of the Parliament, when any new device used to be moved in behalf of the King for his aid, or the like, the Commons might answer, That they tendered the King's estate, and are ready to grant aid to the same, only in this new advice they dare not agree without conference with their Countries. Whereby it appeareth, that such conference is warrantable by the Law of the Land, and Custom of Parliament. Indeed, this is so plain, it needs no exposition, but rather commendation, being drawn by the curiousest Pen that ever drew the lines of praise to prudence and Wisdom. And these Customs being followed, would make any Nation or People under Heaven happy. Man is but a creature, and is to be limited and bounded by Reason and Laws. Hence many great rivers lose themselves, and become formidable, by the smallest creatures, for that they have swelled over their banks and bounds to seek new Channels, or would not be bounded by their banks. It is the like with them in power, when they swell, and exceed the ordinary bounds, Law and Reason, than they become lost, contemptible, weak, and the worst of Creatures: for is it not as great an evil for those that have power, to live above Law, or out of the reach of Law, as for those that are not in power, to live or act contrary to Law, as disobedient refractory evil doer? Nay, saith a learned Philosopher▪ Armed improbity (which is lewdness and dishonesty, as hypocrisy, deceit, covenant breaking, Covetousness ambition, and pride) is intolerable. Indeed the Nature of man is such when it is unlimited and many of those, that have aimed at great power, have (whilst they have been rising) checked and limited their exorbitant Lust, and have clothed themselves with piety: but after they have obtained such power, than they have broke forth; as Nero, who whilst he was rising, and till he had been seated in the Empire five years, restrained and limited himself, removing all that might stand in his Way: the which being done, his lust and cruelties broke forth. For at the first, he altogether avoided meddling with public affairs, and saluted the people with all due respect, as having in them the supreme power: he would not act or do in the Army any thing without a Council of War: he admitted free addresses: he feasted the people of Rome at a thousand tables. Upon Augustus' death he seemed unwilling to take upon him the Empire (the which was notably reproved by one of the Senate, in that he refused the Name, but usurped the Power.) He continued in a gentle and orderly carriage, accepting only the Title of Right Honourable, and would not be called Sacred; but instead thereof, Laborious and painful servant of the Commonwealth. If any called him Traitor or Usurper, he would not have them prosecuted, nor that the Senate should take notice thereof, to hinder the other affairs of the Commonwealth. He made an Oration in the Senate, to this effect, That a Prince is no other, nor aught to be no other than a servant to the people. But after he had settled the power in his own hands, he then made use of the soldiery to be the Keepers of the peace, and laid aside the people; for he dealt cruelly with Kings, imprisoned the Commons, and put them to excessive charges. The way for a people therefore, to prevent the receiving of evil from absolute Nero's, is, that limitations be upon those that have power; and that is the way for a people to preserve their liberties, privileges, and immunities. FINIS.