THE PRIVILEGES OF THE PEOPLE, OR, Principles of Common Right and Freedom, briefly laid open and asserted in two Chapters. 

I. Containing the distinct Interests of King, Parliament and People; consisting in Prerogative, Privilege and Liberty (as they have formerly obtained in this Nation.)  
II. Discovering the People's Right in Choice, Change, or Regulation of Governments or Governors: Together with the Original of Kingly Power, and other Forms of Government.    
Propounded to the Consideration, and published for the benefit of the PEOPLE of ENGLAND.  
By Jo. Warr.  Tacit. 
Principatus & Libertas res olim dissociabiles.  
LONDON, Printed by G. Dawson for Giles Calvert at the sign of the black spread Eagle at the west end of Paul's. 1649.   


CHAP. I. Discovering the distinct Interests of King, Parliament, and People.  

SECT. I. Of Prerogative or Kingly Interest.  
THe Interest of the King having advanced itself into a Principle of Distinction, Separation, and Superiority above the Interest of the People, is called Prerogative or Kingly greatness; which is a Tuber or exuberance growing out from the stock of the Common wealth, partly through the weakness and indulgence of People to their Kings and Rulers, (which hath been most eminent in the English Nation) and partly through the ambition and lust of Princes themselves, who not considering their greatness as in a principle of union with the People, in a way of tendency and subserviency to the People's good, have heightened themselves beyond their due bounds, and framed a distinct Interest of their own, pretendedly Supreme? To advance this Interest, Kings and Princes have politics, and Principles of their own, and certain State-maxims, whereby they soar a loft, and walk in a distinct way of opposition to the Rights and Freedoms of the People; all which you may see in Machiavils Prince.  
Hence it is that Kings have been always jealous of the people, and have held forth their own Interest, as a Mystery or Riddle, not to be pried into by ordinary understandings: And the Proselytes of this corrupt and tyrannous Interest have always served it up, as a Sacred thing, a thing as much above our reach, as it is truly and indeed against our Freedoms.  
So that Ignorance being the Mother and Nurse of Bondage, such Principles have been watchfully observed, as have ushered in any Light, or discovery of the corruptness of the Prerogative Interest; hence is it that the Expositions of Pareus upon Rom. 13. were censured and condemned by the Court Party, as giving too much Liberty to Subjects, to resist their Kings: and the Genevah notes upon Exod. 1. v. 17. were disliked by King James, because they countenanced the Midwife's disobedience to the King; not, but that the thing commanded was unlawful, but it was interpreted to open too great a gap to the ruin of this Interest, of which we now speak  
And yet some have not been wanting, who in times of greatest hazard have adventured their own Freedoms as a Sacrifice to the Public; and have made forth discoveries of the corruption & rottenness of this oppressive Prerogative Interest, upon conscientious grounds of Public Freedom. Though this hath been censured by the Potency of that Interest which it did oppose, as an offence no less than piacular; And their Persons loaded with calumnies of all sorts, as being a faction or Party of Levellers, as King James calls some in his Star-chamber Speech.  
And though we may possibly suppose that the corruption of this Interest, may be in some measure discovered to those that use it, and that Kings themselves may suck in some principles of common Right and Freedom; some glimmerings whereof, seem to sparkle in the writings of King James, yet their judgements are so over clouded by their Interests, that they do not only blind themselves, but hoodwink others, and all to establish that, which God himself purposes to destroy and overthrow.  
For when Principles of light and knowledge shall be advanced amongst men, they shall then scorn to be subject to the corrupt Wills and Lusts of others: they shall know no Policy, but integrity and honesty; False interests shall tumble down truth and righteousness take place, and Prerogative be worried, as an Enemy to Freedom.  
And if this were made out to Princes themselves, they would not only profane their own mysteries, and make them common, but sacrifice their greatness to the light of Truth, (which hath so often sacrificed Truth to itself) and study which way to advance the People's Interest, though in opposition to their own. And if this selfdenying spirit were in them, and the power of Truth, the rough way of worldly force and spoil would be prevented, and the work rendered more easy to themselves and others.   

SECT. II. Of Privilege, or Parliament Interest.  
IF the voice of Common Right or Freedom could be heard amongst Men, the world would not be so deeply engaged in factions, and distinct Parties, as they are; but this is the misery, The minds of men being prejudiced with corrupt Interests of one sort or other, and pertinaciously adhering to them, do contribute their utmost assistance to maintain them, partly through the inbred corruption within men, and partly through those provocations which (in the heat of contest) they meet with, from Interests which are at variance with their own (for even truth itself will justle its adversary in a narrow pass) Hence it is that some are said to be for the King, some for the Parliament, some for the Army.  
But is Truth divided? Is there not one common principle of Freedom, which (if discovered) would reconcile all; 'tis true this Principle may be weakly and imperfectly managed by the Children thereof, but the miscarriage (whether real or supposed) is not to be charged upon the Principle itself; And yet this is the practice of corrupt men, who take advantage from common frailties in the prosecution of just things, to cry down the things Themselves, and so to strengthen their adhesion to their own Interests, though never so corrupt.  
The purest civil interest, is the People's Freedom, which may be crushed by Privilege as well as Prerogative; For Prerogative and Privilege (in its usual acceptation) are near of kin; and it is possible for a Society to exercise Tyranny as well as a single Person. What hath been spoken of Prerogative, may be affirmed of Privilege, the Imp thereof; For Man being naturally of an aspiring temper, mannages all advantages to set up himself, and to this the People's election is a fair temptation, and though the gentleness of the phrase doth word the Parliament, To serve for their Country, yet 'tis sometimes in the same kind of oratory, as the Pope is the servant of the Church, whilst he exerciseth rule and domination over it.  
Privilege hath form itself into a distinct Interest, as well as Prerogative, and hath forgot its original and fire, thinks itself complete without superior or equal: Thus hath it broke off itself, from its stock, and like a succour draws nourishment away from the true branches; so that, where Prerogative and Privilege are in a thriving posture, the Freedoms of that People are underlings and lean as being cropped on both sides.  
When things do continue in their proper place and order, they stand in God, and are useful to those ends for which he hath appointed them; but when they warp, they turn aside from God; and when they leave their station, and would be of themselves (as Lucifer) they fall down into Hell and a condition of darkness; The way to advance Privilege is to keep it within its due bounds.  
'tis true, somethings do naturally ascend, but 'tis to their own place and Centre, and when they are there, they are clothed with Majesty and glory. Every thing is beautiful in its place and season: There is a beauty in Privilege (thus considered) as well as in Liberty.  
To ascend beyond due and measured bounds, is no way honourable but monstrous, as if the Feet should grow out of the Thighs, or the Hands upon top of the Head; this is a disorder and confusion, and thus Pride is the womb of darkness, which may be verified in Privilege as well as Prerogative.  
'tis true, Privilege hath a stronger plea, as being founded upon Election and Consent, but this will not justify the Abuse thereof: for when Privilege soars high, the people sometimes follow it, either through ignorance of its Nature or bounds, or else that they may not lose the benefit of that, which is truly so called, and is useful in its place. For as Water ascends for the continuation of itself, so the interest between Parliament and people, must not be discontinued. And yet this motion on the people's part is violent, not natural: for Liberty should not ascend to Privilege, but Privilege should stoop down to Liberty, as its Centre and Rest.  
Privileges may sometimes mount so high, that Liberty cannot only not follow, but is endangered by it. In this case Privilege discontinues itself, and Liberty casts off homage and subjection thereto, such Privilege is to be lop'd off as a burden to Freedom.  
True privilege of Parliament is this, in a principle of Union with the people's Right, an Immunity and Freedom to mind just things, and to prosecute impartial grounds of righteousness and Truth, other privileges may be pared away, as bearing no proportion with their End, but this shall continue as subservient unto Freedom.   

SECT. 3. Of Liberty, or the People's Interest.  
IN every Commonwealth the Interest of the People is the True and Proper Interest of that Commonwealth; other Interests have advanced themselves, pretendedly to exalt This, and yet being once gotten into the Throne of Rule, they labour nothing less, or rather indeed they bend their utmost endeavour to overthrow It.  
Prerogative and Privilege Interests, (as formerly explained in their corrupt notions) are altogether inconsistent with True Freedom: Hence it is that there is an irreconcilable contest between Them, which will never cease, till either Prerogative and Privilege be swallowed up in Freedom, or Liberty itself be led captive by Prerogative. He which hath the worst Cause may sometimes have the best Success, (for Time and Chance happens to all) and thus Liberty may be worsted by Privilege, as having less specious advantages in the Flesh. For true Freedom is in the Mind, and its Proselytes are but few. Most men give up themselves to the Idoll-Interests of Prerogative and Privilege, as being more taking with flesh and blood.  
And when Liberty is once put to the rout, it is not easy to rally again, or to redeem itself, for the darkest Dungeon is its Prison, 'tis chained with oaths and servile bonds, yea and the strong bolts of humane Laws do keep it in subjection. Thus are all things made sure, with a Grave-stone, a Seal, and a Watch, and oppression rides in triumph upon the backs of the people.  
All imaginary gaps for the re-entrance of Freedom, being thus stopped up, it were impossible for it to arise from the dead, or to recover its true and proper state, if God himself did not appear, and laugh the counsels of men to scorn, yea and open the Iron gates, and knock off the bolts, and lead forth Freedom to open view, as the Angel did Peter.  
In this design God co-operates with Man, and makes him instrumental in the work, by clearing his principles, and stirring up his spirit. There are some sparks of Freedom in the minds of most, which ordinarily lie deep, and are covered in the Dark, as a spark in the ashes. This spark is the image of God in the mind, which is indeed the Man, (for the divine Image makes the Man.) This Man is hid in most persons, only the Tyrant, the Beast, or the slavish principle appears, and the whole bulk is hurried about by the motion of that principle, and the Man within us swims with the stream.  
But God favours all weak things, and hath a special regard to tender ones, when under darkness and oppression. And in order hereunto he lays the Axe to the root of the Tree, and strengthens our weak principle, he lays the foundation of Freedom within us, and so proceeds to blow up the fire, till the room be too hot for unrighteousness and wrong.  
Thus Tyranny being driven out of the Spirit, or Mind (its surest hold, its Metropolis, or City of Refuge) 'tis hunted too and fro like a beast of prey. Neither is this a rare thing, but according to the usual proceed of God in the World, who spoils the Spoiler, and punishes oppression in Methodes of its own, that Men may see and admire his Greatness and Power.  
Be wise now therefore, O ye Kings, be instructed O ye judges of the earth. Most of your designs are founded upon Self, and are against the Lord you establish yourselves and your own greatness; your hands are against every one, and every one's hands against you, you have led Liberty captive. 'Tis the voice of God to you, Let my oppressed go free. Some of you have allowed a Mock freedom to Liberty, your prisoner, when you could keep it close no longer, you have sent it abroad, but with prison garments, some badges of Slavery have remained upon it; no portion of Freedom hath been wrung from you, but through exigence or necessity. Thus have you demeaned yourselves, as if the people had been made for you, not you for the people. For these things doth God arise, and the day of your vistration is come.  
For why? 'Tis not possible for a people to be too free. True Liberty hath a clear light Principle or Rule, and a large compass, a spacious walk, 'tis not limited or circumscribed, but by the bounds of righteousness. Liberty is the daughter of Truth and Righteousness, and hath Light within it, as the Sun, other lights are borrowed from it. Tyranny is as a Clog, or an Eclipse to Freedom. God sees good that Liberty should recover but by degrees, that so the world may be balanced with light and knowledge, according to the advance thereof, and be more considerate in her actings. The deeper the Foundation, the surer the Work. Laberty in its full appearance would darken the eye newly recovered from blindness, the principles thereof are infused to us by degrees, that our heads may be strengthened (not overturned) by its Influence.    

CHAP. II. Of the People's Right in the Choice, Change, or Regulation of Government, together with the original of Kingly Power, and other Forms of Government.  
ALL Governments being fundamentally (as to Man) seated in the People, which Maxim is sufficiently spoken to of late. The inhabitants of several Countries, for the equal distribution of Justice to the whole, have voluntarily submitted to several Administrations and Forms of Government, either under one or many Rulers: so that Election, or Consent (setting aside Titles by Conquest) are the proper source and Fountain of all Just Governments. Hence it is that the power of Rulers is but Ministerial, and in order to the people's good, which hath given occasion to that known Maxim, That the safety of the people is the supreme Law.  
From hence we may see the Reason, why some Governments are more or less Free, viz. according to the prudence or neglect of Ancestors in bargaining with the Princes, and setting limits to their Power. Some have (as it were) given up themselves to the Wills of their Princes, and out of confidence of their integrity have left them to themselves, not considering, that just men are liable to temptations, when they are in place and power; which if it were possible for them to avoid, yet Justice is not hereditary, nor goes by descent. Some Nations having been pinched with this inconvenience, have afterwards set Bounds and Laws to their Rulers, according as Tully doth excellently describe it. Lib. 2. de offic. Eadem constituendarum legum fuit causa, quae Regum, Jus enim semper quasitum est aequabile, neque aliter esset Jus, id si ab uno just, & bono viro consequebantur, eo erant contenti, cum id minus contingeret, Leges sunt inventae, quae cum omnibus temper una & eadem voce loquerentur.  
Englished thus, There is the same reason for Laws, as there was for Kings, for People have always sought after Right, or an equal distribution of things, which if they did obtain from one just and good man, they were content therewith; but when they failed thereof, Laws were found out, which spoke one and the same thing to all men.  
Those Nations which have been most strict in prescribing such Rules, are most Free, unle●…e in process of time, through the oscitancie of the people, Princes have trampled upon their bounds, and made them common; and in this case, as good none at all, as not observed.  
Though then Governments have been diversified according to the different tempers and apprehensions of their Founders, the People; yet the Rise of them all, is One and the same: ●o that what Tully affirms of the original of Monarchy, or Kingly Government, may be said of all the rest, his words are these, lib. 2. de Offic. Apud majores nostros fruendae justitiae causa videntur olim bene morati Reg●s constituti: nam cum premerentur olim multitudo ab lis qui majores opes habebant, ad unum aliquem confugiebant virtutem praestantem, qui cum prohiberet injuria tenuiores aequitate constituenda, summos cum infimis pari jure retinebat. The effect, of which in English is this, Our Ancestors first appointed Kings for the administration of justice: For when the multitude was oppressed by great and mighty men, they presently addressed themselves to some one eminent and virtuous man, who defended the poor from wrong, and kept both poor and rich within the bounds of Equity. An instance of this kind we have in Herod: Clio, where the Medes revolting from the Assyrians, chose one Deioces for their King, a man of supposed strictness and Equity in preventing disorders and abuses amongst them. But this remedy in time proved as bad as the disease, so that people were enforced to seek protection under several Rulers, which they miss under One. Hence it came to pass that the Romans banished their King and his Government together, and submitted themselves to another Form.  
But at first they which subject themselves to the government of One, may by the same reason submit to many, which is Aristocracy, or may alter their government from one Form to another: For they that choose may change, provided it be upon just and valuable grounds. Famous was the dispute had before Octavius Caesar by two of his Favourites and Councillors, about continuance or change of Monarchy, of which you may read in Dion. lib. 52. The story is this, When Octavius Caesar had by the Arms and successes of his predecessors and his own, reduced the world to peace, and made a complete conquest of the great known part thereof, he took counsel with Agrippa and Maecenas, two of his intimate friends, whether he should maintain the Empire and Monarchy in his own hands, or resign it to the Senate and people of Rome; Agrippa makes an eloquent Oration against Monarchy, persuading him to surrender up the Government into the hands of the Senate. On the other side, Maecenas persuades the contrary, and pleads for Monarchy, whose counsel was followed by Caesar, yet so, as that Agrippa was still honourably entertained and respected by him. From which Story we may observe two things.  
1. That Anti-monarchicalnes is no crime at all, but a difference in judgement about an Externall Form of Civil government: Yea great Statesmen (such as Agrippa) have given in their judgements freely against Monarchical government, as Agrippa here did.  
2. That to persuade and endeavour the alteration of Governments from one form to another, hath been the subject of the discourse and action of wisemen, as we see here in Agrippa.  
And though there may be a beauty in Monarchy, (duly circumscribed) as well as in other forms of Government, yet such cases may sometimes fall out, when Reason and Judgement may not only call for, but enforce a change; A provocation it must be of grand and fundamental importance, which if it cannot be otherwise or not so conveniently redressed, may undergo this kind of cure; which in cases of extremity hath been practised by Nations.  
Smaller inconveniencies may be redressed without the abolition of a form, viz. by prescribing limits to those Rulers, who have abused their Power, which under pain of guilt they may not exceed; For the whole body of the People is above their Ruler, whether one or more.  
Not to spend much time herein, I shall conclude this with the argument of the Bishop of Burgen in the Council of Basil (which was in the reign of our Henry the 6th) where disputing against the authority of the Pope above Counsels, he urgeth this argument, that as Kingdoms are and aught to be above Kings, so is a Council above a Pope. So that former ages have had some light, as touching the Office and duty of a chief Ruler or King and would have been able to descry the flattery of those, who ascribe so much Majesty and sacredness either to Man, or Men.  
For are not Rulers themselves under a Law? are they not accountable for what they do? Are they not subject to frailties like other men? Are we not all derived from one common Stock? Is not every man born free? when we ascribe so much to Man, we detract from the praise and glory of God.  
True Majesty is in the spirit and consists in the Divine Image of God in the mind, which the Princes of the World coming short off, have supplied its defect with outward badges of Fleshly honour; which are but Empty shows and carnal appearances, when void of the substance.  
But as weak as they are, they have dazzled our eyes, through the darkness which is in us, when we ourselves shall be raised up to an inward glory, we shall then be able to judge of that Majesty and Glory, which rests upon another.   
FINIS.