Mr Hartlib;
I yesterday met with Mr Andrews accidentally at a nayghbors house &receiued from him your letter dated the 1: of september by his owne relation his intention was towards my house but was prevented by me by that accidentall meetinge, Hee intendes this day (yf not hindred by the raine) to be in London; where my selfe muste be some time time nexte weeke yf not before before
<+> I shall be glad yf what I writte laste weeke, may haue giuen my Lady any satisfaction in her question; The strenght of what I writte [letters deleted] is that 1: That prescription (that greate bull warke of the Royallistes) cannot ly or be pleaded to take away that of which euery sonne of Adam is a proprietor or &possessor by the Lawe of nature, I meane, an exemption from politicall power; Since that prescription is pleadable, onely in suche things in which noe body can ca claime a propriety by any kinde of Lawe; 2: Prescription not holdinge, there remaines noe title againste the Lawe of nature but by that Lawe which wee call positiue
or politicall; 3: This lawe muste be made by the parties mediate or immediate consente, For what Lawe the swoorde make, cannot be maintained onely but onely by the swoorde; And as for suche a forc: 4: This consente muste be free &voluntary, for consente; &to be forced is a condrat contradiction; A bonde signed in by one imprisoned or threatned to be killed may be (by our common Lawe) be ad avoyded by the party when he is out of prison; &a (which is yet muche more) a wooman, imprisoned by a rascall, &there rauished 100 times, nay, married by a forced consente, can (when shee is free) auoyde the marriage, for non concubitus, sed consensus, facit matrimonium 5: Yf my owne free consente by the lawe nature be pleaded to take away from me that which is vndeniably myne by the Lawe of nature, in this case it lyes not vpon me to proue that [word deleted] title which none can deny, but on him whoe [letters deleted] claimes that in which I am (by the vndeniable Lawe of nature), intitled &possessed; 6: What cannot be proued to be passed away by my owned consente, remaines still myne by that firste &hygheste of Lawes the Lawe of nature; 7: This question &the euidence concerninge it muste by be browght before
some competente Iudge, which (in the firste place) cannot be eyther the party himselfe that pretends or claimes; (for none (by eyther the Lawe of reason or of this Lande) can be admitted judge of <in> the his owne Cause); or any other chosen by him all alone, for suche anone is (bothe in reason &Lawe) adjudged all one as himselfe; &then it muste necessarily followe that eyther there will be noe judge fownde, &soe noe judgemente, or decision, &soe the right pretended will proue a jus siccum that is (at beste) a right without meanes to [letters deleted] proue or recouer it, or else else, he muste be resorted to for Judge [letters deleted] whoe was the Lawemaker, that is the very People, &thus is another of our <the> hygheste maximes of our Lawe <&of reason> preserued in it strenght, Eius est judicare cujus[altered] est condere; From these premises, yf the King <or> Lords, [several words deleted] showlde claime suche priuiledges, prerogatiues royalties, (call them what you will) as that the People can cowlde not beare them, &(vpon the oppression) showld question or deny them; in this case (prescription not holdinge againste the hyghest &moste euidente Lawe the Lawe of nature) the King &Lords muste eyther <proue theire Rule to be by> the peoples consente, &that consente to p be free, &this not be before themselues, whoe cowlde not giue that consente, <or make that Lawe> but before that onely and truly competente judge, in whome onely the power &right of consentinge is naturally &essentially inherente
or (yf they ca fayle in any one of the precedent conditions) they muste (for owght I cowlde yet euer heare from any one to the contrary) goe without what they pretende to; &thus haue I proued the People (in all politicall creations) to be (with reuerence may I speake it) like God in the creation of the worlde; in whome (as the the creatures in God) all our politicall creatures (be they as proude as Lucifer) muste acknowledge themselues to liue &moue &haue their continuall beinge, excepte to (like Lucifer) they will deserue to lo be caste out of the politicall heauen; & a thinge which is shortly (I beleeue) to [letters deleted] come to passe, when the Fowles of the Ayre shall be called to the Supper of the greate God, &shall feede on noe lesse daintyes, then the Fleshe of Kings et caet, &that the time comes, when there shall be a newe politicall heauen &a newe earthe, this makes me wishe &pray that all good men wowlde goe forthe (in theire seuerall opotunities) &hold helpe the Lord againste the mighty, which will proue our hap owne happines as muche as it is our duty
I pray shewe these my thowghts to mr Dury &let me knowe whether he can finde a weake link lincke in the [letters deleted] deduction I haue made; The carrier (I feare) is gone
Your affectionate frind
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7:ber 22th
47
