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A56162 The first and second part of A seasonable, legal, and historicall vindication and chronological collection of the good old fundamentall liberties, franchises, rights, laws of all English freemen ... wherein is irrefragably evinced by Parliamentary records, proofs, presidents, that we have such fundamentall liberties, franchises, rights, laws ... : collected, recommended to the whole English nation, as the best legacy he can leave them / by William Prynne of Swainswick, Esquire.; Seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all English freemen. Part 1-2 Prynne, William, 1600-1669. 1655 (1655) Wing P3954; ESTC R19429 161,045 206

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King was Ingaged in the wars against the Scots with certain prayers added For their good success in that Designe against the Scots For the more effectuall carrying on whereof the Popes Nuncio with the Colledge of Jesuites then in Queen-street secretly summoned a kind of Parliament of Roman Catholicks and Jesuites in London out of every County of England and Wales in which Conne the Popes Nuncio sate President by the Queens commission and direction in April 1639. Who granted and collected an extraordinary large Contribution by way of Subsidy from the Papists to carry on this war against our Protestant Brethren of Scotland and raise forces to joyne with the Spainards whom they then expected to cut the English Protestants throats The Jesuitical and Prelatical Popish party much displeased with the defeat of this their Plot by the unexpected Pacification with the Scots 1639. induced the King soon after to break and revoke it Anno 1640. the very year of the Jesuites Jubilee which they solemnized in all places being the 100. yeer from the first Erection of their Order by Ignatius Anno 1540. they caused a new Army to be raised and sent into the North against the Protestants of Scotland to subdue destroy them At the same time they secretly listed an Army of no less then 7000. Romish Catholickes kept in private pay of purpose To cut the Protestants throats who should resist them and to Conquer the Protestants in England first and then in Ireland which Designe they were to put in execution when the Pope or his Legat with the Spanish French and Venetian Ambassadours should appoint who designed them to begin to execute it When the King went into Scotland against the Scots as O Conner the Queen-Mothers Priest confessed to Anne Hussey who justified it to the Lords of the Councel then and afterwards before the Lords in Parliament upon her Oath The Jesuites were so confident of the good success of their designes amongst us and compleat Victory over all the Protestants throughout the world this yeare of their Jubilee making Triumph over their Enemies one of their Notes of the true Church that they appointed a solemne Enterlude to be acted by their Society in the publique Hall at Aquisgran in Germany in honour of their Jubilee wherein they signified to the people by printed Tickets and Pageants that the Popish Church of Rome should be brought in upon the Stage happily fighting against triumphing and reigning over all her enemies every where throughout the world in all ages till that present day and especially of later times by their meanes The beginning of this Enterlude being happily acted and succeeding according to their mindes at last there were two Armies of soldiers brought by them upon the Stage ready to encounter each other the one of Jesuites and Papists fighting for the Church of Rome the other representing the Protestants warring against her Before their fight a Jesuitical actor clad in black personating a Popish Masse-Priest divineth good success to the Popish Army praying for it with an affected devotion and solemne invocation or rather profanation of Gods name after which the Popish Army of actors as being certain of the instant victory uttered these words to their Captain as their parts directed them with a loud reiterated voyce and shout Pereat Pereat Quisquis est hostis Ecclesiae Let him perish let him perish whoever is an enemy of the Church whereupon a great part of the Stage on which they acted together with the whole Popish Army not one Souldier or Captain excepted at the repeating of these words and wishes fell to the ground immediately with so great celerity that many of them felt they were fallen down before they discerned themselves to fall their feigned enemies of the Church representing the Protestants standing all fast at least in place if not in mind on the other part of the Stage which fell not at all With this sudden fall many of the Popish Army were bruised in peeces with the beames of the Stage falling upon them who through pain and horror needed Monitors to silence their outcries others having their bones broken and Limbes put out of joynt were carried to the Chirugions to be dressed and all the rest confounded with shame crept away secretly under the Veile to their Lodging And so this Jesuitical Enterlude by divine justice ended in a real unexpected bloody Tragedy and real rout of the whole pretended victorious Popish Army of Jesuites and the Scotish Wars that yeer which they so much depended on through Gods mercy concluded in a blessed Peace and Union between both Nations Whereupon the Irish Popish Rebels by the Jesuites Plots and instigations seconded with secret encouragements and promises of assistance with Arms and Moneys from Cardinal Richliou the King of Spain Pope and other forraign Popish Princes undertook the late horrid bloody Massacre of all the Protestants in Ireland and surprisal of all the Forts Castles Arms and Ammunition therein on the 23 of October 1641. being Ignatius day the Founder and New Canonized Saint of the Jesuited Society for the greater Honour of their Patron Order they being the chief Plotters of this horrid bloody Treason Which horrid Conspiracie though happily discovered the night before its execution at Dublin and some few places else yet it took effect in most other parts of Ireland to the slaughter of neer two hundred thousand Protestants there in few months space seconded with a bloody Warre for sundry years to the losse of many thousands more lives To this Plot all the Papists in England were privy who intended the like Massacre in England and soon after by the Popes and Jesuits instigations by the assistance of sorragin Popish Princes they eugaged the King and Parliament in a long-lasting bloody uncivill unchristian war against each other concluding in the Kings and Parliaments joynt ruines by an Army raised for their mutual defence seduced thereunto through the Jesuits instigations and policies After which they engaged the Protestants of England and Scotland formerly united by the strictest B●nds and Covenants against them to war upon invade and destroy each other by land and soon after that by the Spanish Agents Assistance raised a most dangerous bloody Warre between our Protestant old Allies of the Neitherlands and the English by Sea to the infinite dammage prejudice of both and the effusions of whole Oceans of the Gallantest Christian Protestant blood that ever yet was shed the expence of more treasure and men in these intest●●e Wars than would have conquered all Spain Italy and the Indies had they been imployed upon such a designe and to the entailing of a perpetuall Army on us and our Posterities more ready as we have of late years found by sad experiments to hearken to the Jesuits clandestine suggestions ●eductions and execute their fore-plotted Designes to ruine our Kingdomes Parliaments Laws Liberties Monarchy
Kingdome are firmly established So William Watson a Secular Priest chargeth Father Parsons the English Jesuite and his Jesuited companions in their Memorial for Reformation of England when it should be reduced under the power of the Jesuites as Parsons was confident it would be though he should not live to see it written at Sevil in Spain Anno Dom. 1590. that they intended to have Magna Charta with our Common Fundamental Laws and Liberties abrogated and suppressed thus expressed by William Watson in his Quodlibets pag. 92 94 95. Father Parsons and the Jesuites in their deep Jesuitical Court of Parliament begun at Styx in Phlegeton have compiled their Acts in a compleat Volume intituled THE HIGH COVRT OF REFORMATION FOR ENGLAND And to give you a taste of their intent by that base Court of A TRIBE of TRAITORS sawcily like to Gade Jack Straw and Tom Tiler VSVRPING the AVTHORITY of both STATES ECCLESIASTICAL and TEMPORALL in all their REBELLIOVS ENTERPRICES these were principall points discussed set down and so decreed by them c. He first mentions three of them relating to Church-men Scholars and Church and Colledge-Lands which were to be put in Fee off●●s hands and they all to be reduced unto Arbitrary Pensions c. And then proceeds thus to the Fourth The fourth Statute was there made concerning the COMMON LAWS of this LAND and that consisted of this one principal point That ALL THE GREAT CHARTERS of ENGLAND MUST BE BURNT the manner of holding Lands in Fee simple Fee tail Kings service Soccage or Villanage brought into villany scogg●●y and popularity and in few the Common Law must be wholy annihillated abolished and troden down under foot and Caesars civill Imperials brought amongst us and sway for a time in their places All whatsoever England yeelds being but base barbarous and void of all sence knowledge or discretion shewed in the first Founders and Legifers and on the other side all whatsoever is or shal be brought in by these out-casts of Moses stain of Solon and refuse of Lycurgus must be reputed for metaphysical seme-divine and of more excellency than the other were Which he thus seconds Quodlibet 9. Article 2. p. 286. First it is plain that Father Parsons and his Company divide it amongst them how they list have laid a plot as being most consonant and fitting for their other Designments That the Common Laws of the Realm of England must be forsooth either abolished utterly or else bear no greater sway in the Realm than the Civil Law doth And the chief reason is for that the State of the Crown and Kingdome by the Common Laws is so strongly settled as whilest they continue the Jesuites see not how they can work their wills And on the other side in the Civil laws they think they have some shreds whereby they may patch a cloak together to cover a bloody shew of their Treasons for the present from the eys of the Vulgar people Secondly the said good Father hath set down a course how every man may shake off all authority at their pleasures as if he would become a new Anabaptist or King John of Leydon to draw all the world into Mutiny ●ebellion and Combustion And the Stratagem is how the Common people may be inveigled seduced to conceit to themselves such a liberty or prerogative as that it may be lawfull for them when they think meet to place and displace Kings and Princes as men do their Tenants at will hirelings or ordinary Servants Which Anabaptistical and abominable Doctrine proceeding from a turbul●nt tribe of Traiterous Puritan●s and other Hereticks this treacherous Jesuite would now foist into the Catholick Church as a ground of his corrupt Divinity And p. 330 332. He intends to alter and change all Laws Customs and Orders of this Noble Isle He hath prejudiced the law of Property in instituting Government Governours and Hereditary Princes to be BENEPLACITVM POPVLI and all other private possessions ad bene-placitum sui c Whether any such new deep Jesuitical Court of Parliament and high Court of Reformation for England to carry on this old Design of the Jesuites against our Laws hath been of late years sitting amongst us in or neer Westminster or elswhere in secret Counsel every week as divers intelligent Protestants have informed me and Hugh Peters reported to divers on his own knowledge being well acquainted with their Persons and practises of late years it concerns others neerer to them and more able then I to examine Sure I am a greater man by far then Hugh Peters in an Assembly of Divines and others for reconciling all dissenting parties not long since averred to them on his own knowledge That during our late innovations distractions subversions in Church State and overturning of Laws and Government the common adversary hath taken many advantages to effect his designes thereby in civill and spiritual respects That he knew very well that Emissaries of the Jesuites never came over in those swarms as they have done since these things were on foot That DIVERS GENTLEMNE CAN BEAR WITNES WITH HIM that they had a CONSISTORY AND COUNCEL ABROAD THAT RULES ALL THE AFFAIRS OF THE THINGS IN ENGLAND That they had fixed in England in the limits of most Cathedrals of which he was able to produce the PARTICULAR INSTRUMENT an Episcopal power with Archdeacons and other persons to pervert seduce and deceive the people And all this whiles we were in this sad and deplorable distracted condition Yea most certain it is that many hundreds if not some thousands of them within these few years have been sent over from Forraign Seminaries into England under the disguises of converted Jews Physitians Chyrurgions Mechanicks of all sorts Merchants Factors Travellers Souldiers and some of them particularly into the Army as appears by the late printed Examination of Ramsey the Anabaptized New-dipped Jesuite under the mask of a Jewish Convert taken at New Castle in June 1653. and by sundry severall late instances I could name To pretermit all instances of diverse particular Jesuites come over into England not only within these few years but moneths discovered by persons of credit with Sir Kenelm Digby who though the son of one of the executed old popish Gunpowder Traitors a dangerous active seducing Jesuited papist if not a professed Jesuit who in the years 1638 and 1639. conspired with the Popes Nuncio and a Conclave of Jesuites sitting in Council at London to subvert our Religion introduce a universall tolleration of the popish Religion in our kingomes new modle and shake our former established government and to poyson destroy the late King himself in case he consented not to them therein and for this very purpose both plotted raised promoted the first Wars between the Protestants of England and Scotland which he abetted all he could by his letters and secret Collections of moneys from all the Papists throughout England and elswhere who
PREJVDICIAL TO THE REALM and VERY BVRDENSOME TO THE PEOPLE and specially TO GRANT TO THE SAID KING A SUBSIDY FOR CERTAIN YEARS TO THE OPPRESSING OF His People overmuch That although the Lands and Tenements Goods and Chattels of every Freeman by the Laws of the Realm used in all former ages past ought not to be seized unless they had forfeited Yet notwithstanding the said King purposing endeavouring to enervate these Laws in the presence of very many of the Lords and Commons of this Realm frequently said and affirmed That the Life Lands Tenements Goods and Chattles of every one of his Subjects are at his will and pleasure without any Forfeiture by the known Laws which is altogether contrary to the Laws customs of the Realm aforesaid Whether all these high Misdemeanors charged against King Richard have not been revived and acted over and over both by words and deeds in a farre higher degree than ever he was guilty of them by some late present Whitehall Grandees Army-Officers New Instrument-makers Legitors and Imposers of Excises Customs Imposts Tonnage Poundage Contributions for many years yet to come and of that constant Annual Revenue projected intended by them in their 27 Article I remit to their own judgements consciences and our whole Kingdom to resolve and what they demerit for such extravagant high offences for which he lost Crown and Regal power let others determine The 3. particular is their late incumbent Imposition of 6. Moneths new Contribution by a meer Self-enacted Whitchall Jurisdiction without any consent grant in or by the People in Parliament by that they intitle An Ordinance of the 8. of ●une 1654. beginning thus in a most imperial Stile transcending all former Acts of Parliament granting or imposing any Subsidies without any Prologue to sweeten it or court the people to its ready payment Be it Ordained and Enacted by his Highness the Lord Protector with the consent of his Council and it is hereby Ordained That towards the maintenance of the Armies and Navies of this Commonwealth An Assessement of one Hundred and Twenty Thousand Pounds per Mensem for Three Monethe commencing the 24 of Iune 1654 and ending the 29 of Sept. following shall be Taxed Levied Collected and Paid in England and Wales in such sort as is hereafter expressed The full sum of the said Three Months Assessment of One hundred and twenty thousand pounds by the Month to be at once wholly collected and paid in to the Receivers Generall at or before the tenth day of October next c. The Levying thereof upon the refusers hath been by distress of Goods by Souldiers Troopers and quartering them on the refusers till payment and double the value many times paid to and exacted by the Souldiers for their pains adjudged even by some of our New Grandees Votes who prescribe such Taxes and wayes of levying them to be No less then High Treason and levying Warre in Straffords case for which principally he was condemned and lost his head on Tower Hill as a Traytor In this New Whitehall Tax without a Parliament intended as a leading President to bind the whole Nation in perpetuity if now submitted to as the 27 Article intimates there is a double violation subversion of the Fundamental Laws and Properties of the Nation in the Highest degree The first is by the reviving imposing of Ship-mony on the whole Realm and all Inland Counties as well as Maritine for the Maintenance of the Navies by Sea which should be maintained only by the Customs and that in a farre higher proportion than the Shipmony imposed by Writs by our late beheaded King amounting to no less than Forty thousand pounds per Mensem at last by way of Contribution alone besides the Customs Tonnage Poundage and Excise paid towards it This Imposition of Shipmony by the late King though ratified with the advise and consent of his Council many colourable Presidents Records in all former ages and the precedent Resolution of all his Iudges under their hands as just and legally imposed in case of Necessity and Publike danger only without consent in Parliament together with the Iudgement and Proceedings of the Iudges in the Eschequer Chamber in justification thereof were in the last Parliament after solemne debate by the Votes and Iudgements of both Houses on the 20. Ian. and 26 February resolved Nemine contradicent● To be contrary to the Laws and Statutes of this Realm contrary to the Rights and Properties of the Subjects of this Realm contrary to former Iudgements in Parliament contrary to the great Charter and to the Petition of Right and voted to be so declared by the Iudges at the Assizes in the severall Counties the same to be entred and inrolled in the severall Counties by the Clerks of the Assises After which it was for ever damned by a special Act of Parliament to which the King himself gave his Royal assent afterwards cited and enforced by both Houses Exact Collection p. 886. 887. in the case of the Array And those Iudges who argued That the King might lawfully impose Shipmony on the Subjects without a Parliament in cases of Danger and Necessity of which they affirmed him to be the sole Iudge were by all impeached by the House of Commons of High Treason for these Opinions of theirs whereby they trayterously and wickedly endeavoured to subvert The Fundamental Laws and established Government of the Realm of England and instead thereof to set up an Arbitrary and Tyrannical Government against Law of which at large before How any present Powers or Persons then can either impose justify levy enforce it upon any Pretext of Necessity or publique Danger on the whole Nation after all these late Resolutions Iudgements Votes Impeachments and a special Act of Parliament so fresh in memory especially such who were parties to them without incurring the self-same Impeachments and guilt as these Ship-mony Iudges did or a severer Censure then they sustained let their own Conscsences and those who may on● day prove their Iudges resolve them at leasure being past my skill to doe it The 2. is By the imposing of a direct heavy Tax Tallage and Monthly contr●bution and that only for the Maintenance of such a Land Army which hath offered force unto the Members of both Houses subverted destroyed that Parliament Government Laws Libertie for whose preservation they were specially raised Commissioned engaged without yea against the Peoples assent in Parliament which no King of England with the advice and consent of his Council had ever any Right or Power to doe or audacity enough to attempt no not William the Conqueror C●nute Henry the 4th Edward the 4th or Henry the 7th who came principally by power of the Sword to their Soveraign Regall Authorities By what Justice Power Legal Right any other person or persons whatsoever who are neither rightfull Kings nor Parliaments of England in their own or others repute can either impose levy exact such
to ease the People in and of their heavy Taxes But what was the issue all their Taxes Excises and other Impositions were still continuep on them without any intermission or diminution nay advanced higher than ever to 120 thousand pounds Contribution by the Month for England besides Scotland and Ireland even whiles all these Lands and Goods were selling the Lands and Goods sold consumed without any publique Accompt yet given of the Monies or their disposall or any present ease to the oppressed people and the ordinary standing Revenues of the Realm being now by this meanes decayed dissipated and almost brought to nothing these New Projectors and Dissipators of this vast publique Revenue instead of easing by colour of this Instrument resolve to impose upon the undone long-oppressed Peoples gauled broken backs and Estates such perpetual constant annual Taxes Excises Imposts Revenues as you have heard for the Maintenance both of the Army Navy Administration of Justice and other ordinary expences of the Government which no Kings of England ever yet received or pretended to Which if any future Parliaments shall be so mad or improvident once to settle or the Kingdom not unanimously to oppugne if setled by them without a Parliament instead of easing of the People of their long insupportable Taxes now their wars are ended in all succeeding Parliaments they shall still be burthened with new extraordinary Taxes upon new pretended extraordinary occasions and Forces raised as the words of the 30 Article compared with the 27 and 29 declare as if this new constant revenue had never been setled and if our Parliaments refuse to grant them these New Projecting Tax-Masters who must dispose of all the moneys in the intervals of Parliaments will impose and levy them at their pleasure by their Supertranscendent usurped Tyrannical Power and Sword men and dispose of them as they please without a Parliament as they have already done without rendring any other publick Accompt to the people thereof than hath hitherto been given to them of all the many millions of Treasure already extorted from them of late years to no other end as appears by these Articles of our New Government but now at last to bring and keep them under perpetual endlesse Taxes of all sorts and the intollerable worse than Turkish Slavery of a perpetual domineering Mercenary Army Navy instead of long promised Liberty ease and exemption from them till they are all brought to a morsel of bread and till their private estates be utterly consumed as well as the publick Crown and Church Revenues yet remaining The lad and serious consideration of all which Premises I humbly submit to the Impartial Iudgements Consciences of our present Governours Army Officers Souldiers themselves how discrepant they are from all their former printed Deolarations Protestations Promises Vowes Engagements to the People and what they expected from them It was the Speech of the Scythian Embassadours to Alexander the Grand Conquerour of the world Nec Servire ulli possumus nec regnare desideramus Si Deus es tribuere mortalibus b●nificia debes non sua eripere sic Homo●es id qu●d es semper esse te cogita Stultum est eorum memintsse propter quae tui oblivisceris Let it be all Heroick English Freemens to our pretended Conquerors who may do well to remember that Hermolaus and other Officers and Souldiers of Alexanders own Guard conspired his destruction after all his Persian Conquests for this very reason which they justified to his face Quia non ut ingenuis imperare caepisti Sed quati in mancipia dominaris because he had begun not to raign over them as Freemen but to domineer over them like Slaves and because Revelaetions in this age may be more prevalent with some Men than Gods own Oracles or our Lawes I shall inform our Tax-imposing Governours that St. Bridget of Sweden in the 8 Book of her Revelations of the Heavenly Emperour unto Kings cap. 6 records That she had this Revelation from the Son of God That Kings and Governours ought to love the People and Commonalty of their Realms That they then shew they truly love them when they permit them to enjoy their approved Laws and Liberties when cruel Exactors and Collectors domineer not over them if they burthen them not with new Inventions of Impost Taxes and Tributes nor with grievous and unaccustomed Hospitality Permanencies or Freequarter For although for the resisting of Infidels they may humiliter petere auxilium a Populo humbly request an aid from the People and Commons of their Realms not imperiously impose it when there is a necessity yet let them beware quod necessitas illa non veniat in consuetudinem legem that the necessity comes not into a custom and law For that King or Ruler who layes not aside his unjust Exactions and Fraudulent Inventions to raise monies and oppresse his People making his reigns and Kingdoms meer robberies and rapines as most then did and n●w too let him know for certain he shall not prosper in his doings but shall lead and end his life in grief dismisse his Kingdoms in tribulations his Son and Posterity shall be in such hatred reproach and confusion that all men shall wonder thereat his Soul shall be tormented by the Devils in Hell which she manifests by the example of an unjust Tax-imposing King damned to Hell and there tormented by the Devils For that to retain the Kingdom to himself and defend it from Invasions he petended the antient Revenues of his Eschequer would not defray the Expences of the Government and Realms defence whereupon he devised certain new Inventions and fraudulent Exactions of Imposts Tributes Taxes and imposed them on his Kingdome to the dammage of the Natives and oppression of innocent Merchants and Strangers although his conscience dictated to him Quod ista erant contra Deum et omnem Iustitiam et Publicam Honestatem that these things were against God and all Iustice and Common Honesty as our forementioned Excises Imposts Taxes are now Let those who are now guilty of this sinne in the highest degree beware they incurre not the self-same temporal and infernal punishments thus threatned to and inflicted upon others And let our whole English Nation and their Trustees upon serious consideration of all the premises beware how they in any kind through fear or cowardise submit their necks or backs to the forementioned illegal Yokes and Burdens of perpetual standing Excises Imposts Contributions and Taxes to enslave themselves and their Posterities for ever to an oppressing Military New Government and perpetual Army For which end I shall only recommend unto their meditation and practise this observation and policy of our prudent Ancesters Binus actus inducit Consuetudinem that a double generall submission to and payment of such exorbitant illegal Taxes will introduce a customary future exaction and payment of them which made them always as we have greatest reason now to do
universal liberty of exercising their Popish Religion throughout his Realms and Dominions and then to train up his Son under them in the Popish Religion To which not onely heretofore but now likewise they strenuously endeavour by all possible means to seduce him as appears more especially by Monsieur Militiere his late book dedicated to Him for that purpose to invite him to the Roman Catholick Faith Surely all these premised instances compared together and with that memorable passage of the English Jesuite Campian in his Concertatio Ecclesiae Catholicae or Epistle to Queen Elizabeths Councel Treviris 1583. p. 22. Velim sciatis quod ad Societatem nostram attinet omnes nos qui per totum Orbeni longe lateque diffusi sunt quarum est continua successio magnus numerus Sanctum foedus infisse nec quamdiu unus nostrum supererit studium consilia nostra intermissuros ad Reges Hereticos quovis modo tollendos as Hospinian relates and expounds his words and meaning Religionem vestram exting●ere Iampridem jacta est ratio inchoatum certamen nulla vis nullus Anglorum impetus superabit so as to hinder this their holy League and Covenant long since entred into To destroy take out of the way ruine all Protestant Kings throughout the World under the Notion of Hereticks by any means whatsoever and the Protestant Religion togetherwith them With a Copy of a Letter sent by an Independent Agent from Paris some few weeks before the Kings removal from the Isle of Weight by the Army-Officers declaring the Jesuites implacable Enmity to the King and to hereditary Monarchy throughout the World And an Express sent from Paris to the King himself some three dayes before his seisure and translation from Weight to this effect as I have heard from persons of Honour That the Jesuites at a general meeting in France had resolved by the power of their friends in England to seise on his Majesty bring him to justice and cut off his head because he had contrary to their expectation closed with the Parliament consented to the abolishing of Episcopacy and to five new Bills against Jesuites Popish Priests Mass Popery and all Popish Ceremonies in the last Treaty and advising Him to prepare for this new storm which within few days after fell upon him will sufficiently inform the world that the late unparallel'd capital proceedings against our Protestant King contrary to the Votes of both Houses of Parliament the Parliament Members Peers House and forced dissolved late Parliament too proceeded not from the Principles of our reformed Protestant Religion as this Monsieur in his printed Pamphlet would make his Reader the youg King to whom he dedicates it and all the World believe but from the Popes and Jesuites forecited Treasonable Opinions seconded with their clandestine Sollicitations and Practises and that they with some French Cardinals Jesuites as well as Spanish and English then present in England to promote their Designes were the chief original Contrivers Promoters of them whoever were the immediate visible Instruments as I have elsewhere more fully demonstrated for the wiping off this Scandal from our reformed Religion the sincere Professors of it who both abominated and protested against it in print 〈◊〉 Radolphus Hospinian in his excellent Historia Jesuitica l. 4. f. 244 245. reckons up these three prime causes of the Jesuites Regicides other Notorious Treasons The first is that blinde Obedience which they vow to their Superiours to execute with great celerity spiritual joy and perseverance whatever their Superiours shall enjoyne them by being perswaded That all their Cemmands are Iust to them by renouncing their own Opinion and Iudgement with a certain Blinde Obedience and by believing that those who live under Obedience are carried and governed by Divine Providence a word now most in use with our Army-Saints and Souldiers wholly infected with this Jesuitical Doctrine of Obedience by their Superiors whithersoever they shall suffer themselves to be carried or in what sort soever they shall be dealt with by them like a staffe in the hand of a man which readily obeys him that holds it wheresoever and in what thing soever he will please to use it especially when backed with a pretext of Necessity Religions Safety Publick Good Exemplary Justice and promoting the common Cause for which their Society was first instituted 2. That they hold themselves obliged to no Kings Princes or Civil Magistrates by any Oath of Allegiance but onely to the Pope and their Generals and therefore think themselves free and unable to commit any Treason at all against them although at the Popes and ●heir Superiours commands they still rise up against murder ●stroy them 3. That they deem those Kings Princes which the Pope and Jesuites or other learned men of their Religion or the common people shall deem Hereticks to be thereby wholly made uncapable of any Empires Kingdoms or Principalities or any other civil Diguity yea to be accursed Tyrants unworthy of the name of Kings that thereby their Subjects are totally absolved from the bond of Allegiance to them and that thereupon it is lawful to kill and destroy them and the murders of such are meritorious Now that these three Jesuitical Grounds and Principles infused into our Army-Officers and Souldiers by the Jesuites and their Instruments of late yeers against their Primitive Orthodox Positions Protestations Declarations Oaths Covenants Engagements backed with secret Avarice Ambition and Self-ends were the principal impulsive Causes of all the extravagant violent Proceedings both against the late King and Parliament not the loyal Principles of the Protestant Religion is apparent unto all the World by the Armies own Declarations of Nov. 16. and Decemb. 7. 1648. Their True State of the Commonwealth of England c. 1654. and other Pamphlets for their justification which all true Protestants blush at 〈◊〉 3. That the Jesuites ever since the Establishment of their Military Order under Ignatius their Martial General have been the principal Firebrands Bellows Instruments of kindling somenting raising continuing all the publick commotions wars seditions and bloody fewds that have happened in or between any Kings Kingdoms States Princes Soveraigns or Subjects throughout the Christians world and more particularly of all the Civil commotions wars in France Germany Transylvania Bohemia Hungary Russia Poland England Scotland and Ireland to the effusion of whole Oceans of Christian blood which one poetically thus expresseth Quicquid in Orbe mali passim Peccante Gradido est Quicquid turbarum tempora nostra vident Cuncta Sodalitio mentito Nomine Jesu Accepta Historiâ teste referre licet It● modò vestrae celebrate Encaenia Sectae Militis inventum Loiolana cohors Yea it is well worthy observation what Jacobus Crucius a Jesuite Rector of the Jesuites Novices at Landsberge presumed to publish in his Explication of the Rules of the Jesuites Anno 1584. in these words The Father
keep no faith nor truce with them yea that it would be more profitable for the Church and more conducing to Gods glory for all Christians to give over their warrs they wage against the Turkes by common consent and to let the Turks alone and to turn all their arms and forces against the Evangelical Sectaries or Protestants which live amongst them who are worser and ought to be more odious to true Christians then Turkes and utterly to destroy and persecute them to death rather then to delete the unbelieving Mahometans who are not so dangerous as they Hoc quàm pie et juxta mansuetudinem Christianam dicatur ipsi qui conscientias alioram moderantur conscientiam suam rogant Subjoynes Thuanus though a Papist And Joannis Paulus Windeck in his Book De extirpandis Haeres antid 10. p. 404. 412. antid 11. p. 480. and p. 244. positively determines That the Lutheranes and Calvinists are to be persecuted with warrs and not onely to be terrified but likewise deleted cut off taken out of the way and utterly extirpated with arms and flames That all Catholike Princes ought to enter into Holy leagues associations confederacies to destroy and root them out as they did in France Anno 1587. That the oportunity is not to be neglected namely Quando Protestantes Pecuniis exhausti sunt when the Protestants Purses and money are exhausted as they are now amongst us by excessive endless Taxes Excises Civil wars and a perpetual army too much swayed by Jesuitical counsels to eat us out and ruine us with our Religion in conclusion ere disbanded And that the Catholickes may more easily oppress and destroy these Sectaries they are to be severed one from and divided against each other by sundry various arts and means and all occasions laid hold on for this purpose And are we not so now in all our Realmes and Dominions more then ever by the Jesuites and Romish Emissaries Which the Emperor Charles the 5 observed in his proceedings against the Protestants in Germany to his great advantage In pursuance of these Jesuitical Positions Anno 1576. and 1577. the King of Spain Duke of Guise with sundry others Jesuited Popish Princes Nobles and Papists of all degrees by the Jesuites instigation and Popes speciall approbation entred into a bloody Conspiracy or holy League as they term it To restore and retain the most holy worship of God according to the form and maner of the holy catholike Apostolike Church of Rome to abjure all errors or corruptions contrary thereunto c. To spend not onely all their Estates but lives to repeal all publique Edicts in favor of the Protestants and their associates to extirpate all Heresies heretickes and pursue all such as publike enemies with fire and sword to death who should any way oppose or withstand this League or refuse to joyne with them in it or fall off from it upon any pretext after this Oath to observe it Which League they several times renewed and in the renovation thereof Anno 1598. the Jesuits openly boasted That they would use their utmost endeavours that before the year 1600. began Evangelium So they termed the Protestant Religion Radicitus ex orbs toto extirpetur Should be clean extirpated out of the whole world The Massacres Slaughters of how many thousand Protestants by open intestine wars and bloody Conspiracies this League occasioned in France Germany and the Netherlands together with the murders of two French Roman Catholike Kings the French and Belgick Histories of those times will sufficiently inform the Reader In the year 1602. the Jesuites erected a new Colledge and Society at Thonon in Savoy to convert or utterly extirpate the Protestants under the Notion of Heretickes 1. by Preachings 2. by pious frauds 3. by Vi armata by force of armes to which new Society many Popish Kings Nobles and others gave their names and in June that yeare listed above 25000 expert Soldiers all Roman Catholickes to put this their Designe against the Protestants in execution upon the next oportunity there being above 50 Jesuites disguised in Lay-mens habits imployed in England to stir up the Papists and people there to joyn with them in this new Association to root out the Protestants in all places by the Sword the Principal Engine used by these Ignatians to effect it To pass by all the conspiracies and attempts of the Jesuites in Queen Elizabeths reigne to extirpate our Religion and the Professors of it by open wars Rebellions Spanish and forraign invasions both in England Ireland and Scotland recorded by Mr. Cambden Speed and others in her life and William Watson in his Quodlibets with their attempts of like Nature in the beginning of King James his raign recited in the Statutes of 3. Jacobi c. 2. where all may peruse them I shall onely acquaint you That a little before the beginning of our late bloody wars Divisions contrived fomented by the Jesuites and Papists as I have elsewhere at large discovered and many Parliament-Declarations attest one Francis Smith an English Jesuite openly affirmed to Mr. Waddesworth and Mr. Yaxly That it was not now a time to bring their Religion by disputing or Books of controversie but It must be done by an Army and By the Sword And it is very considerable That when the Jesuites Spanish and Romish Agents had engaged the King and English Protestants against their Protestant Brethren of Scotland 1639. to cut one anothers throats the King of Spain had provided a great new Spanish Armado by the Jesuites sollicitation and a great land-Land-Army of old Spanish Soldiers to invade the Western and Southern parts of England then destitute of all forces Arms Ammunition to defend it all drawn to the Northern parts against the Scots and to joyn with the Popish confederates here to extirpate the English he retickes and Protestants which designe of theirs through the Hollanders unexpected encounter which scattered their fleet upon the English Coasts and the Pacification with the Scots before any engagement of both Armies was happily prevented That this Spanish Fleet was then especially designed for England appeares besides other Evidences which I have elsewhere touched by the confession of an English Pilot in that Navy upon his death-bed mortally wounded in the first fight to an English Minister and others to whom he revealed it out of conscience by some Letters I have met with and by a Pamphlet made and printed by the Jesuites Anno 1640. intituled The Jubilee of the Jesuites taken from a Papist at Redriffe and presented by Sheriffe Warner to the whole Commons House November 14. 1640. Wherein among other Passages then read in the House entred in the Journal of that day out of which I transcribed them there was a Particular prayer For the holy martyrs that Suffered in the Fleet sent against the Hereticks of England 1639. with this advice That the Papists must fish in troubled waters to wit whiles that The
as he shall depute or by his command shall be deputed to keep the peace within the said places and also except the Kings servants according to the Statute of Northampton And it is not the intention of our Lord the King that any Earl or Baron may not have his Lance brought to him in any place but onely in the Kings presence and in the place of Councell The like Proclamations were made in the beginning of the Parliaments of 9. 1● 17 18. 20 25 ●dw 3. and sundry others more necessary to be revived in all succeeding English Parliaments now than ever heretofore since the unpresidented forces upon the late Members of both Houses and the Parliament it self by the Army-Officers and Souldiers raised to defend them from Violence The Treasonablenesse and Transcendency whereof being at large related in my Epistle to the Reader before my Speech in Parliament 4 December 1648 I shall not here criminally presse nor insist on but referred them thereunto However for the future security and freedome of our Parliaments from violence I must crave liberty to inform these Army Parliament drivers forcers dissolvers habituated to this trade That if the late Kings march to the House of Commons accompanied only with some of his Pensioners and others armed with Pistols and Swords meerly to demand but five Members thereof to be delivered up to Justice particularly impeached by him of High Treason some dayes before to wit That they had traiterously endeavoured to subvert the Fundamental Laws and Government of this Kingdome To deprive the King of his Royal power To place over the Subjects an Arbitrary and Tyrannical power To subvert the very Rights and being of Parliaments and by force and terrour to compell the Parliament to joyn with them in their designs for which end they had actually raised and countenanced Tumults against the King and Parliament Or if the Kings bare tampering with some Officers of his own Northern Army to draw a Petition from them to the Houses or march towards London from their quarters not to seise upon force or dissolve the Parliament or its Members but only to over-aw them and impeach the freedom of their debates Votes touching Episcopacy Church-Government and the Kings Revenues were such high transcendent violations of the Priviledges and Freedome of Parliament and unsufferable injuries as both Houses of Parliament separately and joyntly proclaimed them to all the world in severall Declarations during his life Or such capitall crimes as those who condemned and executed him for a Traytor and Tyrant have published in their Declaration of 17 March 1648. touching the grounds of their proceedings against him and setling the Government in the way of a Free State without King or House of Lords since his beheading in these very words But ABOVE ALL the English army was laboured by the King to be engaged against the English Parliament a thing of that strange in piety and unnaturalness for the King of England that nothing can answer it but his being a Forraigner neither could it have easily purchased belief but by his succeeding visible actions in full pursuance of the same as the Kings comming in Person to the House of Commons to seise the five Members whither he was followed with some hundreds of unworthy debauched persons armed with swords and pistols and other arms and they attending him at the door of the House ready to execute what the Leader should command them Which they charged against the King as the highest of his unparralleld Offences for which they appeal to all the world of indifferent men to judge whether they had not sufficient cause to bring him to Justice Though neither he nor his followers then seized secured secluded injured any one Member when they thus went to the Commons House Yea presently retracted his Impeachment and offered all satisfaction that should be desired by the House for this breach of Privilege and though neither the Northern Army nor their Officers ever advanced towards or offered the least violence to the Houses or their priviledges by Petition or otherwise Then certainly the Parliaments own Armies Officers Counsels manifold high printed Declarations of June 14. 23. July 7. Aug. 18. 1647. Nov. 16. Decemb 7. 1648. and others before and since their professed open Oppositions Impeachments against the very Proceedings Votes Orders Ordinances Members of both Houses of Parliament which first raised them principally for their defence Printed by their order in their Book of Declarations The History of Independency and my Speech in Parliament their Impeachment of eleven Members of the House of Commons and sundry Lords at once their securing of above 40 and secluding of above five parts of six of the whole House of Commons at once their avowed marches with the whole Body of the Army in Ba●talia severall times to force the Houses seise their Members over-aw affright dis-member dissolve the Parliament it self and their own new erected Junctoes since and justification of it to all the world in print in their humble Answer touching the secured and secluded Members Jan. 3. 1648. The true state of the case of the Commonwealth of England 1654. and their Declarations concerning their dissolution of their two Junctoes after these Misdemeanours of the King without the least repentance for them must needs be farre more execrable unwarrantable and criminal than the Kings and deserve a severer censure than his Peccadilioes in respect of their crimes And if by the whole Armies printed Remonstrances August 2. and 18. 1647. the tumult of some unarmed London Apprentices who offered some small force to the Houses to the violation of their Priviledges without securing or secluding any one Member deserved a speedy and exemplary capital proceeding against the principal contrivers and Actors in it as they then declared and vehemently urged again and again in those Remonstrances Or if by their own Charge in the Name of the whole Army June 14. 1647. against the XI Members it was so high an offence in them That they joyntly or severally invited encouraged abetted or countenanced several Reformadoes and OTHER OFFICERS AND SOULDIERS TVMVLTVOVSLY AND VIOLENTLY TO GATHER TOGETHER AT WESTMINSTER TO AFFRIGHT ASSAULT THE MEMBERS OF PARLIAMENT IN PASSAGES TO FROM THE HO●SE TO OFFER VIOLENCE TO THE HOUSE IT SELF BY SVCH VNRVLY OVTRAGES THREATS TO AWE AND INFORCE THE PARLIAMENT And that upon their bare suggestion thereof without any proof at all or colour of truth they presently demanded That the persons impeached MIGHT BE FORTHWITH SECLVDED FROM SITTING IN THE HOVSE and removed thence before any hearing or trial which the Officers and Army eagerly pressed in their Paper of June 15. 1647. Nay if by their own late printed Instrument of the Government of the Commonwealth of England c. Articles 14. 16. All and every person and persons who have aided advised assisted or abetted in any war against the Parliament since the first day of
greatest pretenders to publike Liberty Law and the ●heifest inveighers against Arbitrary Regal Tyranny and Power which never publikely established such arbitrary illegal Tryals and new Butcheries of Christian English Freemen by any law and may fall to imitate them in future Ages by their example Each of these I intend to prosecute in distinct Chapters in their order CHAP. 1. 1. For the first of these That the Kingdome and Freemen of England have some ancient Hereditary Rights Liberties Priviledges Franchises Laws and Customs properly called FVNDAMENTAL and likewise a FVNDAMENTALL GOVERNMENT no wayes to be altered undermined subverted directly or indirectly under pain of High Treason in those who shall attempt it especially by fraud force or armed power I Shall confirm the first part of it by these ensuing punctual Authorities of moment against those traiterous late published Pamphlets which professedly deny it and endeavour a totall abrogation of all former Lawes to set up a New modell and Body of the law to rule us for the future according to their pleasures The first is the expresse words of the great Charters of the Liberties of England granted by King John Anno 1215. in the 16 year of his Reign Regranted and confirmed by King Henry the third in the 9 year of his Reign and sundry times afterwards and by King Edward the first in the 25 and 28 years of his reign Wherein these three Kings successively by their several grand Charters under their great Seals did grant give and confirm to all the Nobility is and ever shall be far from the thoughts and intents of all good Kings Governours and Parliament who bear a sincere care and affection to the Subjects of England to alter or innovate them 3. That by these ancient good Laws Priviledges and customs not only the Kings Regall Authority but the peoples Security of lands livings and priviledges both in general and particular are preserved and maintained 4. That by the abolishing or altering of them it is impossible but that present confusion will fall upon the whol state and frame of this Kingdom Which I wish all Innovators and New Modellers of our Lawes and Government would now at last lay seriously to heart and the whole Kingdome and English Nation sadly consider who have found it an experimental truth of late years and no imaginary seigned speculation 3. The third is The Remon●trance of the whole House of Commons in Parliament delivered in Writing to King James in the Parliament of 7. Jacobi Anno 1610. which begins thus To the Kings most Excellent Majesty Most Gracious Soveraign Whereas we your Majesties most humble Subjects the Commons assembled in Parliament having received first by Message and since by speech from your Majesty a Command of restraint from debating in Parliament your Majesties Right of imposing upon your Subjects Goods exported out of or imported into this Realm yet allowing us to examine the grievance of these Impositions in regard of quantity time and other circumstances of disproportion thereto incident We your humble Subjects nothing doubting but that your Majesty had no intent by that command to infring the ancient and fundamentall Rights of the Liberty of PARLIAMENT in point of exact discussing of all matters concerning them and their Possessions Goods and Rights whatsoever Which yet we cannot but conceive to be done in effect by this Command Do with all humble Duty make this Remonstr●nce to your Majesty First we hold it an Ancient general and undoubted Right of Parliament to debate freely all matters which do properly concern the Subject and his Right or Estate which freedome of debate being once fore-closed the essence of the Liberty of Parliament is withall dissolved c. Here the whole House of Commons in a speciall Remonstrance to King James printed and published by Order of a Committee of the House of Commons for licensing of Books dated 20 Maii 17. Caroli 1641. Declare resolve vindicate and maintain one principal ancient fundamentall general undoubed right of the Liberty of Parliament against the Kings intrenchment on it Of which should they be but once fore closed the Essence of the Liberty of Parliament is withall dissolved And peradventure it may not be unworthy the most serious disquisition of the next ensuing nominal or real Parliament to examine whether some clauses and restrictions in the 9. 12. 14. 16 17. 21. 22. 24 25. 27. 30. 32 33. 36 37 38 39 40. Articles or strings of the New Instrument intituled The Government of the Common-wealth of England Scotland and Ireland and the Dominions thereunto belonging as it was publikely declared at Westminster the 16. day of December 1653 c. do not as much nay far more intrench upon the ancient Fundamental General undoubted Rights and Liberty of Parliament and parliamentary free debates to the dissolution of the Essential liberty of all future Parliaments as this Command of King James did or as the Bishops late Canons imposed on the Clergy in and by the Convocation Anno 1640. ever did and this clause in their c. Oath then made now imitated by others who condemned it I. A. B. do swear that I will never give my consent to alter the Government of this Church by Arch-bishops Bishops Deans and Arch-Deacons c. as it stands now established and as by right it ought to stand Which clause and Oath imposed onely on the Clergy-men Resolved by the whole House of Commons and Peers too in Parliament without one dissenting voice December 16. 1640. to be a most dangerous illegal Oath contrary to the Rights and Priviledges of Parliament and to the Fundamental Laws and Statutes of the Realu● c. and of dangerous consequence the contriving whereof was objected to the late Archbishop of Caterbury in his original Articles of High Treason for which amongst other things he lost his head The fourth is the notable Petition of Grievances of the whole House of Commons in Parliament presented to King James in the seventh year of his Reign after their Vote against his Right to levy Impositions on goods imported or exported without assent and grant of Parliament in these ensuing words The Policy of this your Majesties Kingdomes appropriates unto the Kings of this Realm with assent of Parliament as well the Soveraign power of making Laws as that of taxing or imposing upon the Subjects Goods or Merchandises wherein they have justly such a property as may not without their consent be altered or changed this is the cause that the people of this Kingdome as they have ever shewed themselves faithfull and loving to their Kings and ready to aid them in all just occasions with voluntary contributions so have they been ever careful to preserve their own Liberties and Rights when any thing hath been done to prejudice or impeach the same And therefore when their Princes either occasioned by war or by their own bounty or by any other necessity have without consent of
Bull the Jesuites after her decease disswaded the Romish-minded Subjects from yielding in any wise obedience to King James as their Soveraign and entr●d into a Treasonable Conspiracy with the Lord Cobham Lord Gray and others against him to imprison him for the ends aforesaid or destroy him pretending that King Iames was no King at all before his Coronation and that therefore they might by force of Arms lawfully surprise his person and Prince Henry his Son and imprison them in the Tower of London or Dover-Castle till they inforced them by duress to grant a free toleration of their Catholick Religion to remove some evil Counsellors from about them and to grant them a free Pardon for this violence or else they would put some further project in execution against them to their destruction But this Conspiricy being discovered The Traytors were apprehended arraighned condemned and Watson and Clerk two Jesuited Priests who had drawn them into this Conspiracy upon the aforesaid Pretext with some others executed as Traytors all the Iudges of England resolving that King Iames being right Heir to the Crown by descent was immediately upon the death of Queen Elizabeth actually possessed of the Crown and lawful King of England before any Proclamat●on or Coronation of him which are but Ceremonies as was formerly adjudged in the case of Queen Mary and Queed Iane 1 Mariae there being no Interregnum by the Law of ENGLAND as is adjudged declared by Act of Parliament 1 Iac. c. 1. worthy serious perusal 8. their horrid Gun-powder Treason Plot contrived fomented by Garnet Superiour of the English Jesuites Gerard Tensmod and other Jesuites who by their Apostolical power did not onely commend but absolve from all sin the other Jesuited Popish Conspirators and Faux The Sculdier who were their instruments to effect it Yea the Jesuitical Priests were so Atheistical as that they usually concluded their Masses with Prayers for the good success of this hellish Plot which was suddenly with no less then 36 Barrels of Gunpowder placed in a secret Vault under the House of Lords to have blown up and destroyed at once King James himself the Queen Prince Lords Spirituall and Temporal with the Commons assembled together in the Upper-House of Parliament upon the 5 of November Anno Dom. 1605. and then forcibly to have seised with armed men prepared for that purpose the persons of our late beheaded King then Dake of York and of the Lady Elizabeth his Sister if absent from the Parliament and not there destroyed with the rest that so there might be none of the Royal Line left to inherit the Crown of England Scotland and Ireland to the utter overthrow and subversion of the whole Royal Family Parliament State and Government of this Realm Which unparallel'd inhumane bloody Plot being miraculously discovered prevented the very day before its execution in perpetual detestation of it and of the Jesuites and their traiterous Romish Religion which both contrived and approved it the 5 day of November by the Statute of 3 Jacobi ch 1. was enacted to be had in perpetual Remembrance that all Ages to come might thereon meet together publickly throughout the whole Nation to render publick praises unto God for preventing this infernal Jesuitical Design and keep in memory this joyful Day of Deliverance for which end special forms of publick Prayers and Thankesgivings were then appointed and that Day ever since more or less annually observed till this present And it is worthy special observation that had this Plot taken effect It was agreed by the Jesuites and Popish Conspirators before-hand That the Imputation of this Treason should be cast upon the Puritans to make them more Odious as now they father all the Powder-Plots of this kinde which they have not onely laid but fully accomplished of late yeers against the King Prince Royal Posterity the Lords and Commons House our old English Parliaments and Government upon those Independents and Anabaptistical Sword-men whom they now repute and stile the most reformed PURITANS who were in truth but their meer under Instruments to effect them When as they originally laid the Plots as is clear by Campanella's Book De Monarchia Hisp ch 25. and Cardinal Richelieu his Instructions at his death to the King of France And it is very observable that as Courtney the Jesuite Rector of the English Jesuites Colledge at Rome did in the year 1641. when the name of Independents was scarce heard of in England openly affirm to some English Gentlemen and a Reverend Minister of late in Cornwal from whom I had this Relation then and there feasted by the English Jesuites in their Colledge That now at last after all their former Plots had miscarried they had found out a sure way to subvert and ruine the Church of England which was most formidable to them of all others by the Independents who immediately after by the Jesuites clandestine assistance infinitely encreased supplanted the Presbyterians by degrees got the whole power of the Army and by it of the Kingdom into their hands then subverted both the Presbyterian Government and Church of England in a great measure with the Parliament King and his Posterity as Monsieur Militiere a Jesuited French-Papist observes So some Independent Ministers Sectaries and Anabaptists ever since 1648. have neglected the observation of the fifth of November as I am credibly informed and refused to render publick thanks to God for the deliverance thereon contrary to the Act for this very reason which some of them have rendered That they would not mock God in publick by praising him for delivering the late King Royal Posterity and House of Lords from destruction then by Jesuites and Papists when as themselves have since destroyed and subverted them through Gods providence and repute it a special mercy and deliverance to the Nation from Tyranny and Bondage for which they have cause to bless the Lord Performing that for the Jesuites and Powder-Traytors which themselves could not effect The Lord give them grace and hearts to consider how much they acted the Jesuites and promoted their very worst Designes against us therein what infamy and scandal they have thereby drawn upon all zealous Professors of our Protestant Religion and what will they do in the end thereof 9. To omit all other Forraign instances cited in Speculum Jesuiticum p. 124 to 130. where you may peruse them at leisure By their poysoning King Iames himself in conclusion as some of them have boasted 10. By the Popes Nuntio's and a Conclave of Jesuites Conspiracy at London Anno 1640. to poyson our late King Charles himself as they had poysoned his Father with a poysoned Indian Nut kept by the Jesuites and shewed often by Conne the Popes Nuntio to the Discoverer of that Plot or else to destroy him by the Scotish wars and troubles raised for that very end by the Jesuites in case he refused to grant them a
Church Religion then to follow the Advice Votes Councels Directions Commands of our Parliaments Kingdomes and the best affected Protestants of all ranks who first raised and have so long maintained them for quite other ends hereafter touched then what they of late times have most pursued to the Popes and Jesuits great content 5. That the Jesuits have endeavoured attempted the convulsion concussion subversion not onely of the Empires Realms and ancient setled Governments and States of Germany Russia Bohemia Hungaria France Poland but likewise of England Scotland and Ireland and to new model them into other Forms of Government What mould of Government they intended to cast England into is thus long since described by William Watson a secular Priest in his Quodlibets Anno 1602. page 309 310 330 331. England is the main chance of Christendome at this present by seditions factions tampering and aspiring Heads the onely But Mark White the Jesuits aym at as well in intention as execution of their pretended expedition exploit and action I am of opinion that no man on earth can tell what Government it is they intend to establish ratifie and confirm when they come to their preconceited Monarchy no not any of their Plot casters No question it is but their Government shall be as uncertain as their New conceited Monarchy their Monarchy as mutable as their Reign and their Reign as variable as the Winde or Proteus in his Complements But no question is to be made of it but that the Government they do directly intend at this present is A MOST ABSOLUTE SOVERAIGNTY DOMINION AND STATE CLEARLY EXEMPTED from any subordination TO ANY LAW or Legifer divine or humane and therefore it is rightly called DESPOTICON in the highest degree of exemplary immuni●le IMPERIALITY AND ABSOLUTE REIGN RULE AND AUTHORITY as containing in it three sorts of Government S●il Monarchical Aristocraticall Democraticall in matters of Counsell and mannaging of Common wealths causes not in point OF REGALITY HONOUR AND INHERITANCE For there shall be neither Title nor Name nor Honour given taken or done to any Prince Duke Marquesse Earl Viscount Lord Baron or the like all the Jesuitical Governours being Puritan like Seniours Elders Provincials c. neither shall there be any successions by Birth or blood TO ANY HONOUR OFFICE OR MAGISTRACY from the Monarch Pater General to the Minor P●ter Minister but ALL SHALL GO BY ELECTION OR CHOICE Whether our late and present variable floating New moulded Governments have not been cast by this long since predicted Jesuiticall Mould let wise men with all our late yea present Governours now sadly consider and determine 6. That the Jesuits in a publique Disputation held at Madrid published by them under this Title Conclusiones Politicae sub Regis Domini nostri praesidio instructed the King of Spain their Chief Protector whom they most extoll above all other Kings to promote both his universall Monarchy and their own thereby That in relation to his Empire Power was necessary which power they defined to be A faculty not onely of retaining the Kingdomes he already possessed but likewise of acquiring other mens Perswading him by this Doctrine to believe That he was therefore consecrated a Catholike King by God that he might enjoy a faculty not onely of keeping his own but also OF INVADING AND SEISING UPON OTHER MENS DOMINIONS For to retain ones own was the praise onely of a private family DE ALIENIS CERTARE REGIA LAUS EST but it was a Royall praise to fight for that which is other mens NEC REGNANDI CAUSA JUS VIOLARE CRIMEN EST DUM CAETERIS REBUS PIETAS COLATUR Neither is it a Crime to violate Law or Right to reign or gain a Crown whiles that Piety in other things shall be observed Which Jesuitical Machivilian unrighteous Doctrine though as Alphonsus Vargas a Spanish Popish Priest resolves it be diametrically contrary to the doctrine of our Lord Jesus himself instructing men that aliena obtinere non Potentis Principis SED IMPOTENTIS AC VIOLENTI PRAEDONIS EST Yet the Jesuites and their Instruments of late years have sufficiently propagated it amongst our English Grandees and Army-Saints for a most sacred Oracle as their violent invasions of other mens Realms Powers Offices Pallaces Lands Estates and Possessions of all kindes by meer armed power and might demonstrate beyond contradiction 7. That the Jesuites in their Book De Zelo S. Ignatii in Religione sua instituenda printed at Madrid p. 13 do glory Hoc Societatis proprium esse ut quotidie nov●● promat inventiones quibus homines ad Deum perducantur That this is the property of their Society that it DAILY BRINGS FORTH NEW INVENTIONS whereby men may be brought home to God that is to their Religion and Society the principle whereof they and Vargas record to be these Their perswading of men to embrace the Gospel by AN ARMY the use of ARMES Power Terrour Fire Their Exercise of Merchandize which many of them in most places in England too now use they being very great Merchants Factors and Returners of Moneys by Bils of Exchange and of all other Secular Imployments Callings in Lay-mens habits the more easily to insinuate themselves into all Countries Places Companies and Societies of men to infect seduce and discover their secrets according to this their received Maxime JESUITA EST OMNIS HOMO a Jesuit is every man that is a man of all Professions Callings Sects Religions to effect his ends Their questioning traducing oppugning censuring of all the Articles of the Apostles Creed and received Principles Doctrines of Christian Religion corrupting slighting falsifying the Scriptures themselves together with Councils Fathers Schoolmen and all other Divines but those onely of their own Order which they incomparably extoll above and prefer before all other Their venting of new Opinions Notions Revelations Expos●●ions Crochets Herefies Problems both in Divinity itself and all other Arts and Sciences in the Presse Pulpit Universities Schools And if these as Vargas assures us be their properties and new inventions to propagate the Gospel and draw men unto God which our Lord Jesus himself and his true Disciples were wholy ignorant of may we not certainly conclude that they have of late years been extraordinary busie at this their harvest work amongst us and more especially in spreading their Gospel by AN ARMY and taking upon them the use of Arms in 〈◊〉 of their Military Father Ignatius with all other secular Imployments and New Sects to draw Proselites and new separate Congregations to them throughout our Realms to destroy both our Church Discipline and Religion as well as our Civill Government and Laws 8. That as the whole House of Commons in their Remonstrance of 15. December 1641. charge the Jesuites and late Jesuited Court-Counsellors with a Malignant and pernicious designe of SUBVERTING THE FUNDAMENTAL LAWS and Principles of Government upon which the Religion and Justice of the
more than the Power of the Parliament of the Commonwealth of England together with the transcendent ambitious Title of The Supream Authority of the Nation in derogation of the Army Officers Supremacy who sufficiently chastised them for this strange Usurpation who have made it their chief businesse not only to New-model our ancient Fundamental Government Parliaments Ministry Ministers maintenance by Glebes Tithes and our Universities much according to Parsons and his Fellow Jesuites forementioned Plat-formes and Thomas Campanella his Instructions to the King of Spain De Monarchia Hisp. c. 25. but likewise to New-mould subvert eradicate the whole Body of our municipal Laws and with them the great Charter of our Liberties it self And in their last cas●iered unelected Convention as some of their Companions now in greatest Power assure us in their True State of the Case of the Commonwealth of England c. London 1654. p. 5 16 17 18. there was a strong prevailing party whom nothing would satisfie but A Total Eradication of the whole body of the good old Laws of England the Guardians of our Lives and Fortunes to the utter subversion of civil Right and Propriety who likewise took upon them by vertue of a supposed right of Saintship in themselves to lay the foundation of a new Platform which was to go under the Name of A Fift Monarchy never to have an end but To war withall other powers and break them to pieces baptizing all their proselites into this Principle and perswasion that the Powers formerly in being were branches of the Fourth Monarchy of England Scotland and Ireland which must be rooted up and destroyed And what other Fifth Monarchy this could be but that projected universal Monarchy of the Iesuites which would bring the whole Monarchy of Great Britain and Ireland together with France Spain and all other Princes States in Christendome under the ●esuites subjection and break all other powers in pieces mentioned by Watson in his Quodlibets p. 306 to 333. and Alphonsus de Vargas Relatio de Stratagematis Sophismatis Politicis societatis Iesu Ad Monarchiam orbis terrarum sibi conficiendam c. 8. c. or else that Elective New Monarchy of Great Britain and Ireland projected by Campanella and Cardinal Richelieu which some Grandees now endeavour by their Instrument to erect and perpetuate for ever without alteration in themselves and their Successors though they thus expresly brand it in others let themselves and wise men resolve it being apparent by the practises and proceedings of all the Propugners of this new Project that this Fifth Monarchy they intend to erect is neither the spiritual Kingdom of Iesus Christ in their own hearts mortifying their ambitiō covetousness pride self-seeking unrighteousness violence rapines other worldly lusts nor the personal reign of Christ himself alone in and over our 3 Kingdoms and all other Nations for ever depriving all Temporal Kings and Princes of their Crowns Rights and Government over their Subjects which they falsly endeavour to evince from Dan. 2. 44 45 c. 7. 14 27. Micah 4. 1 2 7. Luke 1. 32 33. Rev. 20. 1. to 8. 1 Cor. 15. 24 25. Heb. 12. 26 27 28. but a meer supream arbitrary temporal Authority without Bounds or Limits encroached by and erected in themselves and their confederates without any colour of Right or Title by the Laws of God or the Realm and no ways intended but refuted by all these sacred Scriptures others which explain them This design of the Jesuites to alter and subvert the whole body of our Laws was so far promoted by the Iesuitical and Anabaptistical party in this last Assembly elected only by the Army-Officers that on Aug. 20. 1653. as our News-books print they Ordered there should be a Committee selected to consider of a A new Body of the Law for the Government of this Commonwealth who were to new-mould The whole Body of the Law according to Parsons his mould And hereupon our cheating Astrologers especially Lilly Culpeper the Iesuites grand Factors to cry down our Laws Tithes Ministers from the meer visible earthly Conjunctions Votes Motions Influences of these New wandring excentrick Planets at Westminster only not of any Coelestial Stars as they would make Country-Clowns believe alwayes moving and acting themselves by an unalterable Law from the very Creation until now Gen. 1. 14. to 19. c. 8. 22. Psal 104. 19. Psal 136. 8. 9. Ier. 31. 35 36. c. 33. 20 21. Iob 38. 32 33. therefore no ways exciting men to alter Fundamental Laws and Governments here on earth took upon them in their Monthly Prognostications for this year 1654. versity College Lands by Monthly endless Taxes Excises a perpetual Law Tith-oppugning Parliament-dissolving Army in whose Councels we have cause to fear the Iesuites have been most predominant of late years and will still make use of them to our final ruine if not effectually purged out and the Army new moulded new principled if any longer continued under pretext of publick safety and not wholy disbanded for the peoples ease and Liberty It is worthy observation that Tho. Campanella prescribed the sowing and continual nourishing of Divisions Dissentions Discords Sects and Schisms among us both in State and Church by the Machivilian Plots and Policies he suggests punctually prosecuted among us of late years as the principal means to weaken ruine both our Nation and Religion and bring us under the Spanish and Popish yokes at last witness his IAMVERO AD ENERVANDOS ANGLOS NIHIL TAM CONDUCIT QUAM DISSENTIO ET DISCORDIA INTER ILLOS EXCIT AT A PERPETUOQUE NUTRITA Quod cit● meli●res occasiones suppeditabi● and that principally by instigating the Nobles and chief Men of the Parliament of England UT ANGLIAMIN FORMAM REIPUBLICAE REDUCANT AD IMITATIONEM HOLLANDORVM which our Republicans lately did by the power of the Army Officers or by sowing the seeds of an inexplicable war between England and Scotland By making it an Elective Kingdom as some now endeavour under another Notion or by setting up Other Kings of another Race without Legal Right or just Title against that ancient unquestioned undoubted Right and Title setled established in King Iames and his Royal Posterity by Inherent Birthright and lawfull right of Descent by God himself and his Laws confirmned strengthned by all possible Titles and Rights of compact Laws Statutes Oaths perpetual uncontradicted custome Protestations Covenants the solemn Publick Faith and Engagement of our English Parliaments Nation for themselves Their Heirs Posterities for ever as the Statutes of 1 Iacobi c. 1. 2 3 Iac. c. 1. 4 7. Iac. c. 6. which both houses of Parliament in their Declaration of Nov. 2. 1642. Exact Collect. p. 705 resolve And that upon this suggestion to the People Crudelem fore SCOTUM ubi semel Imperium in illos obtinuerit 〈…〉 mente repostum quanta injuria Angli Scotos superioribus
of late have given ample testimony thereof for maintenance of their Lawes Liberties and Religion and with them and others of their resolution we shall be ready to live and die But how many of these Declarers have made good this publike engagement yea have not some of them been and still are more ready to secure seclude disoffice imprison kill slay any such true-hearted Patrons as I have felt by sad experience than to live and die with them And we must own it as our duty to use our best endeavors that the meanest of the Commonalty may enjoy their own Birth-rights Freedom and Liberty of the Laws of the Land being equally entituled thereto with the greatest Subject I trust therefore the greatest Grandees in late or present power neither will nor can be offended with me and that all the Nobility Gentry Commons and true-hearted Patrons in the Nation who bear any love to the Laws Li-Liberties Freedom of the people for which their Ancestors and they have so long so stoutly contended heretofore and lately with our Kings will live and die with me in this their Vi●dication and Defence against any of their fellow-Subjects who shall endeavor to subvert or deprive them of the full and free enjoyment of all or any of them according to this Engagement and Declaration Wherein there are these further observable passages relating to the Parliaments priviledges and its Members which I desire our Army-Grandees who impeached secured secluded my self with other Members of the last true Parliament levied war against and forcibly dissolved it with the Contrivers of our late New-Modelled Governments would seriously ponder who in common justice must be content to be as freely told of and reprehended for their frauds faults in print where the publike and every mans private interest Right Liberty Security is concerned as they have censured others as well their Superiors as Equalls oft in print though perchance l●sse peccant than themselves in that they object against them For the matter of his Majesties raising an Army against the Parliament wherein many Papists Priests Jesuites were imployed and taking away the priviledge thereof we shall refer it to the judgement of every ordinary capacity whether it be void of sense to say that this War is raised against the Parliament But the truth is that it is not a few persons but the Parliament it self is the thorn that lies in these mens sides which heretofore when it was wont to ●rick them was with much ease by a sudden dissolution pulled out But now that is more deeply fastned by the Act of Continuance they would force it out by the power of an Army Hath not this been the very practise of some Army-Grandees of late here objected against the King Jesuitical and Popish ill Counsellors And whosoever will peruse the several Speeches and Declarations made upon the breaking up of former Parliaments since the beginnning of his Majesties Reign will find the pretences of those unjust and illegal Dissolutions to be grounded upon the exceptions against some particular Members under the name of A few factious and seditious persons so that the aspersing and wounding of the Parliament through the sides of a few Members is no new invention And hath not this been the very Army-Officers practise since the first year of their reign till now to wound the last real Parliament yea their own late dissolved Mock Parliaments since through the sides of a few corrupt Members or a corrupt Majority in the House as all their Printed Declarations upon their d●ssolutions attest And is this then no crime or no Jesuitical practise in them though such in the late King and his ill Counsellors And for the satisfaction of all indifferent men that this War is raised against the Parliament we shall refer them to former Declarations ●issued out in His Majesties name being so many invectives and ground lesse accusations not against particular Members only but against the Vote and proceedings of both Houses And are not many of the Armies Declarations in 1647. and 1648. yea the late Pamphlet of some present Grandees intituled A True State of the Case of the Commonwealth of England Printed 1654 Such let them now then see whence they took their pattern even from the beheaded Kings Jesuited evil Counsellors whose steps they exactly trace in this But if the truth were as that Declaration seems to imply That this Army is raised to force some particular Members of this Parliament to be delivered up yet upon that ground would it follow that the same is levied against the Parliament For it cannot be denied by any ingenious man but that the Parliament by their inherent rights and priviledges hath the power to judge and punish their own Members yet the Army Officers took upon them to secure seclude them without Charge and their future New-minted Parliament Members though only elected by the People must be tryed judged by the new Whitehall Members ere they can be admitted to sit Article 21 of the New Government And we have often declared to His Majestie and the World That we are alwayes ready to receive any evidence or accusations against any of them and to judge and punish them according to their demerits yet hitherto no evidence produced no Accuser appearing And yet notwistanding to raise an Army to compel the Parliament to expose those Members to the fury of those wicked Counsellors that thirst for nothing more than the ruine of them and the Commonwealth What can be more evident than that the same is levied against the Parliament For did they prevail in this then by the same reason pray observe it They might demand 20 more and never rest satisfied until their malice and Tyrany did devour all those Members they found crosse and opposite to their lewd and wicked designs And was not this the practice of the Army-Officers who levied a real actual War against the Parliament They first impeached secluded XI Members of the Commons-House and some Lords soon after An. 1647. 〈◊〉 then they secluded other Members by their high Declaration of Aug. 18. 1647. after that they secured imprisoned my self with 44 Members more and secluded the greatest part of the Commons House leaving not above 50 or 60 at first sitting who confederated with them in December 1648. within two moneths after this they beheaded the King then suppressed the whole Lords House to carry on their designs since acted At last they dissolved their own Mock Parliaments when they crossed their ambitious aspires What they did in September last since this was first penned to those now sitting is fresh in memory Touching the Privileges of Parliament which the contrivers of that Declaration in his Majesties name and the Contrivers of sundry Declarations since in the Armies name who imitated them herein seem to be so tender of and to professe all conformity unto and deny this Army to be raised in any degree
the Mask and Visard of their Hypocrifie what their the Kings ill Counsels design is To Subject both King and Parliament and Kingdom to their needy Ambitious and Avaritious Spirits and to the violent Laws Martial law of Governing the People by guards and by the Souldiers But alas for grief how superlatively have many of the Army Officers and their confederate members though parties to these Declarations and Protestations violated them and both Houses Faiths Trusts intentions ends in raising the Army in every of these particulars How have they verified justified the Kings Declarations Jealousies concerning the Parliaments Army in every point here and elswhere disclaimed by both Houses How have they exceeded out-acted the Kings Jesuitical Counsellers and most desperate Popish Army in violating subverting both the Parliaments Priviledges Members and Parliaments themselves together with our Fundamental Laws Liberties Government for whose preservation they were only raised paid How have they pursued the Kings and his worst Jesuited Counsellers footsteps in all the charges here objected against them by both Houses in relation to the Parliaments priviledges Members Constitution Rights Laws to their utter subversion dissolution and waged war against them And doth not every man plainly discern through the Mask and Visard of their Hypocrifie to use both Houses expressions that their design is just the same with that here objected by the Parliament to the Kings ill Jesuited Counsellers and Popish army even to subject both King Parliament and Kingdom to their needy ambitious avaritions spirits and to the violent Laws marshal Law of Governing the People yea Parliaments themselves by Guards and by the Souldiers and By Conquest to establish an absolute and unlimited power over the Parliament and good Subjects of this Kingdom as the Houses elswhere thrice objected against the late King his Army and party being the very design as many wisemen fear of the 27 Article of their New Government to settle a constant Annual revenue for the maintenance of 20000 Foot 10000 Horse and Dragoones to be alwayes constantly kept up Winter and Summer without disbanding or diminution for the Defence and Security of England Scotland and Ireland Which must henceforth be kept under by Mercinary Fo●ces to guard of Protectors when as the Heathen Poet assures us ●nteger vitae scel●risque purus non eget Mauri jaculis nec arcu much less our English Nation ever formerly secured by their own unmercinary Militia of the Trained Bands and those Lords and Gentlemen who hold their Lands by Knight-service O that they would now in the name and fear of God as they tender the eternal salvation of their Souls the honour and priviledges of all future Parliaments the ease welfare settlement of our Nation Lay all this most seriously to their Hearts and make it a matter of their greatest lamentation and repentance Besides this have they not falsified that memorable late Declaration of the Lords and Commons assembled in Parliament Novemb. 2. 1642. in Answer to his Majesties well worthy perusal now and made good both for the time past and all succeeding Parliaments whiles there shall be any standing Army in England able to over-power them all the odious scandalous positions in relation to the English Parliament its Members and priviledges deduced from the Kings Declaration only by inference but disclaimed by the King summed up by them in the close of that Remonstrance and published in these ensuing terms as will evidently appear if applied to the Army and their Generall Councel of Officers by adding or exchanging their names only for the Kings in a parenthesis 1. That the King the * Army General and their General Councel of Officers when he pleaseth may declare the Major part of both Houses which in all sorts of Republicks doth yea ought of right to over sway the Minority their Votes to be firm and binding to all men as Aristotle himself resolves a faction of Malignant Schismatical and ambitious Persons so that all Parliaments that have been heretofore and SHALL BE HEREAFTER AND ALL LAWS MADE IN THEM may by this means be called in question at pleasure yea nulled and repealed for ever as some former Parliaments have been when held and over-awed by armed power or unduly elected packed summoned without Lawfull Authority or some of the Members forcibly secluded as you may read at large in the Statutes of 21 R. 2. c. 11 12 16 17 18. 1 H. 4. c. 3. 1 H. 4. Rot. Parl. n. 22 23 36 48 66 70. 113. 39 H. 6. c. 1. 17 E. 4. c. 7. worthy the serious perusal of our present Grandees and all illegitimate Parliaments where they may read the fatal end of all new unparliamentary projects laws devices wherein many now so much glory as if they would continue form for ever when as in a few years space they will all probably prove nullities be for ever reversed yea branded to posterity as most pernicious presidents 2. That his Majesty the Army and their General Councel may declare what is the known Law of the Land against the judgement of the Highest Court and consequently of all his Courts So that the safety and right of King and people and THE LAW IT SELF must depend upon his Majesties the Army General and their Councels pleasure 4. That as the King hath a property in his Townes Forts and Kingdoms so he the Army and their General Councel may dispose of them as he pleaseth and the Representative body of the whole Kingdom may not intermedle in discharge of his Majesties the Armies Generals Councels trust though by the advice of evil Councellers they see it diverted to the hazard of the publique peace safety of the Kingdom 5. That his Majesty the Army General and their Councel or any other person may upon suggestions and pretences of Treason Felony or breach of peace or of their Trusts a fourth Army new-minted cause Take the Members of Parliament without giving satisfaction to the House whereof they are Members of the grounds of such suggestion or accusation and without and against their consent as in the case of the late secured secluded Members and their two Junct●'s since so they may Dismember a Parliament when they please and make it what they will when they will 6. That whosoever shall follow the King Army General and their Councel in the wars against the Parliament though it were to destroy Laws Liberty Religion the Parliament it self and the whole Kingdom yet he shall be free from all crime or punishment And that on the other side to oppose by force any such force though in the most Legal way and by authority of the Representative body of the whole Kingdom is to leavy war against the King Army General and TREASON within the Letter of 25 E. 3. or of their new Knacks since So our Lands Liberties Lives Religion and Laws themselves Whereby all the Rights both of King and People
January 1641. unlesse they have since been in the Service of the Parliament and given signal testimony of their good affections thereunto shall be disabled and be uncapable to be elected or to give any Vote in the Election of any Member to serve in the next or in the three succeeding triennial Parliaments and all Votes and Elections given to the contrary shall be null and void And if any person so made uncapable shall forfeit one full years value of his real estate and one full third part of his personal estate in case he shall give his Vote for election of Members to serve in Parliament as they there adjudge though such persons as they intend thus to disable never waged any actual war against the Parliament it self or its Members immediatly but only against the Forces raised by the Parliament and so mediatly and indirectly only against the Parliament the case of all the late Kings adherents and assistants not within the letter but meaning of these Articles then doubtless those Army-Officers Souldiers and their Confederats who advised sided assisted abetted in one or more wars against the Parliament Houses and Parliament Members themselves whom they immediately assaulted forced secured secluded dissipated dissolved destroyed and have justified it several times in print without giving any signal testimony of their good affections to the Parliament and in this their Instrument have laid many Chains clogs restraints on all new future Parliaments of their own framing inconsistent with the Honour Freedom Priviledges being of real English Parliaments deserve a farre higher and severer censure than these Apprentices or impeached Members did in their repute or those Members they most insolently accuse and impeach in their Declarations of June 2● and August 18. 1647. not to be presidented in any age since the Creation till then and they all are by their own Verdict Instrument totally disabled as much as the archest Malignants and Cavaliers by the very letter of these Articles to be elected or give any vote for the election of Members in the four next succeeding Parliaments and those who have given their Votes in the late Elections have thereby forfeited at least one full years value of their real and one full third part of their personal estates and deserve as high if not an higher censure as any sequestred or other Delinquents condemned formerly by them for bearing arms levying or abetting any war but only mediately against the Parliament and as high an uncapacity to be put not only on themselves but their Heir males to serve in Parliament as the Statute of 21 R. 2. c. 6. imposed heretofore on others for a farre lesse offence to secure the Members and Priviledges of all succeeding Parliaments from such unpresidented forcible violences ruptures dismembrings dissolutions as the last Parliament sustained by the Armies outrage and confederacy against them of most dangerous president to Posterity of which I desire to make them truly sensible The last real and duly constituted English Parliament we had were so deeply sensible of the dangerous destructive Consequences of securing or secluding their Members and keeping them from the Houses upon any Impeachments or Surmises without the Notice and consent of the House that in their forementioned Remonstrance of Nov. 2. 1642. they claimed and asserted this TO BE SO CLEAR AND ESSENTIAL A PRIVILEDGE OF PARLIAMENT THAT THE WHOLE FREEDOM THEREOF DEPENDETH UPON IT That NO MEMBER OF EITHER HOVSE OF PARLIAMENT was to be proceeded against or judged NOR TAKEN AWAY OR DETAINED FROM THE SERVICE OF THE HOUSE WHEREOF HE IS A MEMBER no not in case of Treason Felony or Breach of Peace much lesse in any other until such time as that House hath satisfaction concerning the cause though in such cases they confessed he might be arrested by the Officers of Parliament or any other Ministers of Iustice to the intent only That he might be brought to the Parliament Corpus cum causa and deteined in safe custody till he may be brought to the Parliament but not to be proceeded against in any inferior Court before such time● as the cause be heard in Parliament and dismissed from it For else who se●s not that by this means UNDER FALSE PRETENCES OF CRIMES AND ACCUSATIONS SVCH AND SO MANY MEMBERS OF BOTH OR EITHER HOVSE OF PARLIAMENT MAY BE TAKEN OVT OF IT AT ANY TIME BY ANY PERSONS TO SERVE A TVRN AND TO MAKE A MAJOR PART OF WHOM THEY WILL AT PLEASVRE And as the grand Inquest of the whole Kingdom should be by this means subject to the grand Inquest of one particular County So the whole Representative Body of the Kingdom should be at the Devotion of a Middlesex Iury as since of their own Army raised to protect them from these mischiefs And therefore as THE FREEDOM OF PARLIAMENTS DEPENDETH IN A GREAT PART VPON THEIR PRIVILEGES AND THE FREEDOM OF THIS NATION UPON THE FREEDOM OF PARLIAMENTS WE HAVE GOOD REASON TO BELEIVE that the People of England knowing their Lives and Fortunes are bound up in this bundle will venture their Lives and Fortunes in this Quarrel Which I intreat all those who have so highly infringed this principle Privilege of Parliament of late years with all the people of England now seriously to consider to vindicate preserve it in all succeeding ages from the like violations if ever they expect to be Freemen or to enjoy free English Parliaments again which are such an ESSENTIAL PART OF THE CONSTITUTION OF THE KINGDOM that we can attain TO NO HAPPINESSE WITHOUT THEM and like Hipocrates twins We must laugh and cry LIVE AND DIE TOGETHER WITH THEM Now farther to convince the Army-Officers Souldiers of their late great injustice to and affronts contempts against the Parliament which raised them in relation to our ancient fundamental Government and chief Member of the Parliament I shall desire them and all their confederates in cold blood seriously to consider whether they have not by their undutifull violent proceedings against them contrary to the Votes Declarations Remonstrances of the PARLIAMENT endeavoured as much as in them is to falsifie this clause in both Houses Declaration Nov. 2. 1642 Although they would perswade his Majesty That there is little confidence to be placed in our Modesty and Duty yet AS GOD IS WITNESSE OF OUR THOVGHTS SO SHALL OUR ACTIONS WITNESSE TO ALL THE WORLD that TO THE HONOR OF OUR RELIGION and OF THOSE WHO ARE MOST ZEALOUS IN IT so much strucken at by the contrivers of that Declaration under odious names we shall suffer more for and from our Soveraign than we hope God will ever permit the malice of evil Counsellors to put us to And although the happinesse of this and all Kingdomes dependeth chiefly upon God Yet WE ACKNOWLEDGE THAT IT DOTH SO MAINLY DEPEND UPON HIS MAJESTY and THE ROYALL BRANCHES OF THAT ROOT that as WE HAVE HERETOFORE SO WE SHALL HEREAFTER esteem no hazard too great no
substance whereof I have here set before their eyes in ten brief Propositions and by Records Statutes Presidents Histories Contests Resolutions in all ages undauntedly as their Common Advocate asserted fortified to my power for their Encouragement and president in this publick work And if they will now but couragiously second me herein with their joyn● bold rightfull Claims Votes Declarations and Resolut● Demands of all and every of their enjoyments and future inviolable Establishments with strenuous Oppositions of all illegal perpetual Imposts Excises Contributions Payments the chief nerves and cords to keep them still in bondage by Mercinary Forces supported only by them to keep them still in slavery according to their Oaths Vows Protestations Duties manifold late Declarations Remonstrances Solemn League Covenant and the encouraging memorable Presidents of their Ancestors in former ages here recorded I dare assure them by Gods blessing a desired good-Success whereof their Ancestors never failed no mortal Powers nor Armies whatsoever having either Impudency or Ability enough to deny detain them from them if they will but generally unanimously couragiously importunately claim and demand them as their Birth-rights But if they will still basely disown betray and cowardly desert both them and their Assertors and leave them to a single combate with their combined Jesuitical enemies whom none take care to discover suppress or banish out of our Realms where they now swarm more than ever and Armed Invaders the Fate of our old English Britons when they improvidently neglected to unite their Counsels Forces against and fought only singly with the invading united Armies of the Romans is like to be Englands condition now Dum pugnant singuli vincunntur universi the single Champions of our Liberties Laws Rights will be easily over-powered destroyed for the present and all others by their unworthy Treachery and Baseness in not adhering to but abandoning their present Patrons discouraged disabled to propugne regain them for the future and the whole Kingdom vanquished yea enslaved for eternity in all humane probability to those who have broken your former yokes of wood but instead thereof have made for and put upon you yokes of Iron and by the Jesuites Machiavilian Plots and Policies will reduce you by degrees under a meer Papal yoke at last having deeply leavened many in power and arms with their forementioned most desperate Jesuitical Positions Practises and Politicks which will soon usher in the whole body of Popery and all damnable Heresies whatsoever by degrees to the ruine of our Religion as well as Laws and Liberties Wherefore seeing it neither is nor can be reputed Treason Felony Sedition Faction nor any Crime at all but a commendable bounden Duty to which our Protestations Oaths Leagues Covenants Reason Law Conscience our own private and the publick Interest Safety of the Nation engage us for all and every Freeborn Englishman joyntly and severally to claim maintain preserve by all just honourable publick and private wayes they may their unquestionable Hereditary Birth-rights Laws Liberties Parliamentary Priviledges c. here asserted and presented to them after so much Blood Treasure Labour spent to rescue them out of the hands of old and late oppressing Tyrants nor any Offence at all but a praise-worthy service now in me or any other publickly to encourage them to this duty and the strenuous defence of our endangered undermined Protestant Religion subverted with our Laws Liberties and living or dying together with them at this present season as I have done heretofore upon all occasions And seeing none can justly censure them or me for discharging our Oathes Consciences Covenants Protestations Duties in this kinde but such as shall thereby declare themselves Publick Enemies and Trayters to the whole Nation Laws Government Parliaments of England as the Resolutions Presidents herein cited yea their own best friends and our Reformed Religion too have already adjudged them And seeing Sir Thomas Fairfax and the General Councel of his Army held at Putney Sept. 9. 1647. in their Declararation concerning THE FVNDAMENTAL AVTHORITY GOVERNMENT OF THE KINGDON printed by their appointment in these words Whereas a Member of the General Councel of this ARMY hath publikely declared and expressed himself THAT THERE IS NO VISIBLE AUTHORITY IN THE KINGDOM BVT THE POWER FORCE OF THE SWORD as others of them say since and now both by words and deeds without controll We therefore the said GENERAL COUNCEL to testifie How FARRE OUR HEARTS MINDS ARE FROM ANY DESIGN OF SETTING UP THE POWER OF THE SWORD ABOVE OR AGAINST THE FUNDAMENTAL AUTHORITY GOVERNMENT OF THE KINGDOM OUR READINESSE TO MAINTAIN AND UPHOLD THE SAID AUTHORITY have by a Free Vo●e in the said Councel no man contradicting judged the said Member TO BE EXPELLED THE SAID COUNCEL Which we hereby thought fit to publish as A CLEAR MANIFESTATION OF OUR DISLIKE DISAVOWING SVCH PRINCIPLES OR PRACTISES which notwithstanding they have since avowed pursued in the highest degree and I desire them now to repent of reform and really make good have engaged to maintain and propugne with their Swords what I here endeavour to defend support with my Pen. And seeing they intituled their Printed Papers A Declaration of the Engagements Remonstrances Reprèsentations Proposals Desires and Resolutions from his Excellency Sir Tho Fairfax and THE GENERAL COVNCEL OF THE ARMY for setling OF HIS MAJESTY IN HIS JVST RIGHTS The PARLIAMENT in their JVST PRIVILEGES and the SVBJECTS in their LIBERTIES FREEDOMS Also Representations of THE GRIEVANCES OF THE KINGDOM REMEDIES PROPOVNDED for REMOVING THE PRESENT PRESSVRES WHEREBY THE SVBJECTS ARE BVRDENED and EXCISES TAXES amongst the rest And the Resolutions of the Army For the establishment of a firm lasting peace IN CHVRCH KINGDOM printed by their own and the Lords House special Or●er London 1647 the self-same things I here contend plead for which I wish they would now really make good by their future consultations and actions to avoid the just censures of meer Hypocrites and Impostors as the whole World will else repute them I shall therefore exhort not only the whole Army Army-Officers and their General Councel but likewise the whole English Nation and all real Lovers of their own or their Countries Liberties Peace Laws Ease Safety Religion and future establishment in this common Cause in the words of the Philistines one to another in a time of need when they were greatly affraid 1 Sam. 4. 9. Be strong and quit your selves like men O ye Philistines that ye be not servante to the Hebrews as they have been to you● quit your selves like men fight c. That so as the Apostle writes in the like case Phil. 1. 27 28. Whether I come and see you or be absent from you I may hear of your affairs that ye stand fast in one spirit with one mind striving together for the faith of the Gospel and the ancient Fundamental Laws Liberties Rights Priviledges Parliaments
a law to alter the property of the Subjects goods which is also against the Law In this and sundry other Arguments touching the Right of Impositions in the Commons House of Parliament by the Members of it arguing against them it was frequently averred and at last Voted and Resolved by the House 7. Jacobi That such Impositions without consent in Parliament were AGAINST THE ORIGINAL FVNDAMENTAL LAWS AND PROPERTY OF THE SVBJECT and Original Right Frame and Constitution of the Kingdome as the Notes and Journals of that Parliament evidence An expresse parliamentary Resolution in point for what I here assert 6. The sixth is A Conference desired by the Lords and had by a Committee of both Houses concerning the Rights and Priviledges of the Subject 3. Aprilis 4. Caroli 1628. entered in the Parliament Journal of 4. Caroli and since printed at London 1642. In the Introduction to which Conference Sir Dudley Digs by the Commons House Order used these expressions My good Lords whilest we the Commons out of our good affections were seeking for money we found I cannot say a ●ook of the Law but many A FVNDAMENTAL POINT THEREOF NEGLECTED AND BROKEN which hath occasioned our desire of this Conference wherein I am first commanded to shew unto your Lordships in general That the Laws of England are grounded on Reason more ancient than Books consisting much in unwritten Customs yet so full of Justice and true Equity that your most honorable Predecessors and Ancestors propugned them with a NOLVMVS MVTARI and so ancient that from the Saxons dayes notwithstanding the injuries and ruines of time they have continued in most parts the same c. Be pleased then to know THAT IT IS AN UNDOUBTED AND FUNDAMENTALL POINT OF THIS SO ANCIENT COMMON LAW OF ENGLAND THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS which doth preserve as sacred that MEVM and TVVM that is the Nurse of Industry and the Mother of Courage and without which there can be no Justice of which MEVM and TVVM is the proper object But the VNDOVBTED BIRTH-RIGHT OF FREE SVBJECTS hath lately not a little been invaded and prejudiced by pressures the more grievous because they have been pursued by IMPRISONMENT contrary to the Franchises of this Land c. Which the Commons House proved by many Statutes and Records in all ages in that Conference to the full satisfaction of the Lords House since published in print 7. The Seventh is The Vote the whole House of Commons 16. December 1640. Nullo contradicente entered in their Journall and printed in Diurnall Occurrences page 13. That the Canons made in the Convocation Anno 1640. ARE AGAINST THE FUNDAMENTAL LAWS OF THE REALM the Property and Liberty of the Subject the Right of Parliament and containe diverse things tending to Faction and Sedition Seconded in their Remonstrances of 15. December 1641. 8. The eight Authority is The Votes of both Houses of Parliament concerning the security of the Kingdome of ENGLAND and Dominion of Wales 15. Martii 1641. Ordered by the Lords and Commons in Parliament to be forthwith printed and published as they were then by themselves and afterwards with other Votes and Orders Resolved upon the Question nemine contradicente That in case of extream danger and his Majesties refusall the Ordinance agreed on by both Houses for the MILITIA to secure the Houses Members and Priviledges of Parliament and Kingdome against ARMED-VIOLENCE since brought upon them by the MILITIA of the Army doth obliege the people and ought to be obeyed by the FUNDAMENTAL LAWS OF THIS KINGDOME A very vain and delusory Vote if there be no such Law as some now affirm 9. The nineth punctuall Authority is a Second Declaration of the Lords and Commons assembled in Parliament concerning the Commission of Array Printed by their speciall Order of 12. January 1642. Wherein are these observable passages The main drift of all the answer is to maintain That the King by the Common Law may grant such a Commission of Array as this is upon this ground because it s for the Defence of the Kingdome And that the power which he hath to grant it by the Common law is not taken away by the Petition of Right or any former Statute but the King notwithstanding any of them may charge the Subject for Defence of the Kingdome so as the charge imposed come not to himself nor to his particular advantage These grounds thus laid extend not to the Commission of Array alone but to all other charges that his Ma●esty shall impose upon his Subjects upon pretence of Defence of the Kingdome for there is the same reason of Law for any other charge that is pretended for Defence as for this If his Majesty by the Common Law may charge his Subjects to finde Arms and other things in the Commission enjoyned because they are for Defence of the Kingdom by the same reason of Law he may command his People to build Castles Forts and Bulwarks and after to maintain them with Garrisons Arms and Victuals at their own charges And by the same reason he may compel his subjects to finde Ships and furnish them with Men Ammunition and Victuals and to finde Souldiers pay Coat and Conduct money provide victuals for Souldiers and all other things NECESSARY FOR AN ARMY these things being as necessary for Defence as any thing that can be done in execution of this Commission And for that exposition of the Petition of Right and other Statutes therein noted if it should hold doth it not overthrow as well the Petition it self at all other Laws that have been made for the subjects benefit against Taxes and other charges either 〈…〉 or any other Parliaments These Positions thus laid down and maintained Do shake the Fundamental Laws of the Kingdome the ancient Birth right of every Subject both for the Property of his Goods and Liberty of his Person Nay they strike at the root of Parliaments What need his Majesty call Parliaments to provide for Defence of the Realm when himself may compell his subjects to defend it without Parliaments If these grounds should hold what need the subjects grant subsidies in Parliament for Defence of the Kingdome in time of reall danger if the King for Defence at any times when he shall onely conceive or pretend danger may impose Charges upon his Subjects without their Consent in Parliament Upon that which hath been said in this and our former Declaration we doubt not but all indifferent men will be satisfied that this Commission of Array is full of danger and inconvenience to the Subjects of England AND AGAINST THE FUNDAMENTAL● LAWES OF THE LAND both for PROPERTY OF GOODS AND LIBERTY OF PERSON c. As it is against THE FUNDAMENTAL LAWS OF THE REALM so no statute makes it good c. And the Lords and Commons do upon the whole matter here conclude That they are very much aggrieved that
to but from the Subject 2. In that of Thorp as to those five persons it was not an absolute deniall of Justice it was not a damming up but a straitning onely of the Chanel For whereas the Judges ought Judicium reddere that is the Lawes being THE BIRTH-RIGHT and INHERITANCE OF THE SUBJECT the Judge when the parties in suit demand Judgment should re-dare freely restore the Right unto them now he doth not dare but vendere with hazard onely of perverting Justice for the party that buyes the Judgment may have a good and honest cause But these Opinions besides that they have cost the Subjects very dear dearer than any nay I think I may truly say than all the unjust Judgments that ever have been given in this Realm witnesse the many hundred thousand pounds which under colour of them have been levied upon the Subjects amounting to seven hundred thousand pounds and upwards that have been paid unto the Treasurers of the Navy in sundry years besides what the Subjects have been forced to pay Sheriffs Sheriffs Bailiff● and now an hundred times more to Troopers and Souldiers who forcibly levy their unlawfull Contributions and Excises though adjudged HIGH TREASON in Straffords case and proved such by Master St. John and otherwise which altogether as is conceived amounts not to lesse than a Million in five years space whereas we pay above two Millions in Taxes Imposts Excises every year besides the infinite vexations of the Subject by suits in Law binding them over and attendance at the Councel Table taking them from their necessary imployments in making Sesses and Collections and imprisonment of their persons all now trebled to what then I say Besides what is past to make our miseries compleat they have as much as in them is MADE THEM ENDLESSE as others since have done by uncessant endlesse Taxes and Excises for by these opinions they have put upon themselves and their successors An impossibility of ever doing us right again and an incapacity upon us of demanding it so long as they continue As the Compilers of the late Instrument with 42 Strings intitled The Government of the Common Wealth of England c. Article 1 2 3 9 10 12 22 24 25 27 28 29 31 32 36 37 38 39. have done as far as they and much beyond them In that sore famine in the land of Egypt when the inhabitants were reduced to the next door to death for there they say why should we die for bread first they give their money next their Flocks and Cattle last of all their Persons and Lands for Bread all became Pharoahs but by this Lex Regia there is a transaction made not onely of our Persons but of our bread likewise wherewith our persons should be sustained that was for bread this of our bread For since these Opinions if we have any thing at all we are not at all beholding TO THE LAW FOR IT but are wholy cast UPON THE MERCY and GOODNESSE OF THE KING Again there the Egyptians themselves sold themselves and all they had to the King if ours had been so done if it had been so done by our own free consent in PARLIAMENT we had the lesse cause to complain But it was done against our Wils and by those who were intrusted and that VPON OATH with the preservation of these things for us The Laws are our Forts and Bulwarks of defence If the Captain of a Castle only out of fear and cowardice and not for any compliance with the enemy surrender it this is Treason as was adjudged in Parliament 1 R. 2. in the two Cases of Gomines and Weston and in the Case of the Lord Gray for surrendring Barwick Castle to the Scots in Edward the thirds time though good Defence had been made by him and that he had lost his eldest Son in maintenance of the Seige and yet the losse of a CASTLE loseth not the Kingdom onely the place and adjacent parts with trouble to the whole But by these Opinions there is a Surrender made of all our Legall Defence of Property that which hath been Preacht is now judged that there is no Meum and Tuum between the KING AND PEOPLE besides that which concerns our Persons The LAW is the TEMPLE the Sanctuary whether Subjects ought to run for SHELTER and REFVGE Hereby it is become Templum sine Numine as as was the Temple built by the Roman Emperour who after he had built it put no Gods into it We have the Letter of the Law still but not the sense We have the Fabrick of the TEMPLE still but the Dii Tutelares are gone But this is not all the case that is That the law now ceaseth to aid and defend us in our RIGHTS for then possession alone were a good Title if there were no Law to take it away Occupanti concederetur melior esset Possidentis conditio But this though too bad is not the worst for besides that which is Privative in these Opinions there is somewhat Positive For now the Law doth not onely not defend us but the Law it self by temporizing Judges and Lawyers is made the Instrument of taking all away For whensoever his Majesty or his Successors shall be pleased to say that the good and safety of the Kingdome is concerned and that the whole kingdome is in danger the when and how the same is to be prevented makes our persons and all we have liable to bare Will and Pleasure By this meanes the Sanctuary is turned into a Shambles the Forts are not slighted that so they might neither do us good or hurt But they are held against us by those who ought to have held them for us and the mouth of our own Canon is turned upon our own selves And that by our own Military Officers Souldiers and others since as well as the Ship money Judges then Thus far Master Oliver St. John by the Commons Order whose words I thought fit thus to transcribe at large because not only most pertinent but seasonable for the present times wherein as in a Looking Glasse some pretended Judges and Grandees of these present and late p●st times may behold their own faces and deformities and the whole Nation their sad condition under them In the residue of that Printed Speech he compares the Treason of the Ship-money Judges and of Sir Robert Tresylium and his Complices in the 11 of R. 2. condemned executed for Traitors by Judgment in Parliament for endeavouring to subvert the Laws and Statutes of the Realm by their illegall Opinions then delivered to King Richard at Nottingham Castle not out of conspiracy but for fear of death and corporall Torments wherewith they were menaced whose offence he makes transcendent to theirs in six particulars as those who please may there read at leasure being over large to transcribe I could here inform you that the Fundamentall Laws of our Nation are the same in the Body Politique of
peace upon grounds of Common Right 9. November 1647 viz. Resolved upon the Question That the matters contained in these Papers are destructive to the being of Parliaments and to the fundamental Government of this Kingdom Resolved c. That a Letter be sent to the General and those Papers inclosed together with the Vote of this House upon them And that he be desired to examine the proceedings of this business in the Army where it was first coyned and return an Accompt hereof to this House These Votes were seconded soon after with these ensuing Votes entred in the Commons Journal and printed by their special Order 23 Novemb. 1647. A Petition directed to the Supream Authority of England The Commons in Parliament assembled The humble Petition of many Free-born people of England c. was read the first and second time Resolved upon the Question That this Petition is A seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An agreement of the People formerly adjudged by this House to be destructive to the being of Parliaments and Fundamental Government of the Kingdom Resolved c. That Thomas Prince Cheese-monger and Samuel Chidley bee forthwith committed Prisoners to the Prison of the Gate-house there to remain Prisoners during the pleasure of this House for a Seditious avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the people formerly adjudged by this House to be destructive to the being of Parliaments and fundamental Government of the Kingdom Resolved c. That Jeremy Ives Thomas Taylor and William Larnar bee forth-with committed to the Prison of Newgate there to remain Prisoners during the pleasure of this House for a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly adjudged by this House to be destructive to the being of Parliaments and fundamental Government of the Kingdom Resolved c. That a Letter be prepared and sent to the General taking notice of his proceeding in the execution according to the Rules of Warre of a Mutinous person avowing and prosecuting this Agreement in the Army contrary to these Votes at the Rendezvous near Ware and to give him thanks for it and to desire him to prosecute that Business to the bottome and to bring such guilty persons as he shall think fit to condign and exemplary punishment Resolved c. That the Votes upon the Petition and Agreement annexed and likewise the Votes upon this Petition be forth-with printed and published After which by a special Ordinance of both Houses of Parliament 17 Decemb. 1647. no person whatsoever who had contrived plotted prosecuted or entred into that Engagement intituled The Agreement of the people declared To bee destructive to the being of Parliaments and Fundamental Government of the Kingdom for one whole year was to be elected chosen or put into the Office or place of Lord Mayor or Alderman Sheriff Deputy of a Ward or Common Counselman of the City of London or to have a voyce in the Election of any such Officers All these particulars with the Capital proceedings against White and others who fomented this Agreement in the Army abundantly evidence the verity of my foresaid Proposition and the extraordinary guilt of those Members and Souldiers who contrary to their own Votes Ordinances Proceedings and Censures of others have since prosecuted this the like or far worse Agreement to the destruction of our ancient Parliaments and their Priviledges and of the fundamental Government Laws and Liberty of our Nation which I wish they would now sadly lay to heart with that saying of Augustine approved by all sorts of Divines and Casuists Non remittitur peccatum nisi restituatur ablatu●● sciendum est Quod Restitutio est IN PRISTINUM STATUM POSITIO The third is the memorable Statutes of 3 Jacobi c. 1 2 4. 5. which relating the old Gunpowder Treason of the Jesuits and Papists and their infernal inhuman barbarous detestable plot to blow up the King Queen Prince Lords Commons and the whole House of Peers with Gunpowder when they should have been assembled in Parliament in the upper House of Parliament upon the fifth of November in the year of our Lord 1605. do aggravate the hainousness and transcendency thereof by this circumstance That it was as some of the principal Conspirators confessed purposely devised and concluded to be done in the said House That where sundry necessary and religious Laws for preservation of the Church and State were made which they falsly and slanderously termed Cruel Laws enacted against them and their Religion both Place and Persons should be all destroyed and blown up at once and by these dangerous Consequences if it had not been miraculously prevented but taken effect That it would have turned to the utter ruine overthrow and subversion of the whole State and Common-wealth of this flourishing and renowned Kingdom of Gods true Religion therein established by Law and of our Laws and Government For which horrid Treason they were all attainted and then executed as Traytors and some of their Heads Quarters set upon the Parliament House for terrour of others Even so let all other Traytors Conspirators against all Blowers up and subverters of our fundamental Laws Liberties Government Kings Parliaments and Religion treading presumptuously in their Jesuitical footsteps perish O Lord but let all them who cordially love and strenuously maintain them against all Conspirators Traytors Underminers Invaders whatsoever be as the Sun when hee goeth forth in his might That the Land may have rest peace settlement again for as many years at least as it had before our late Innovations Warres Confusions by their restitution and re-establishment CHAP. 2. HAving thus sufficiently proved That the Kingdom and Freemen of England have some antient Hereditary Rights Liberties Franchises Privileges Customs properly called FUNDAMENTAL as likewise a Fundamental Government no ways to bee altered undermined subverted directly or indirectly under the guilt and pain of High Treason in those who attempt it especially by fraud force or armed Power I shall in the second place present you in brief Propositions a Summary of the chiefest and most considerable of them which our prudent Ancestors in former Ages and our latest real Parliaments have both declared to be and eagerly contested for as fundamental and essential to their very being and well being as a Free People Kingdom Republick unwilling to be enslaved under any Yorkes of Tyranny or Arbitrary Power that so the whole Nation may the more perspicuously know and discern them the more strenuously contend for them the more vigilantly watch against their violations underminings in any kinde by any Powers or pretences whatsoever and transmit perpetuate them intirely to their Posterities as their best and chiefest inheritance I shall comprise the sum and substance of them all in these Ten Propositions beginning with the Subjects Property which hath been most
frequently universally invaded assaulted undermined by our Kings and their evil Instruments heretofore and others since and thereupon more strenuously frequently vigilantly maintained fenced regained retained by our Nobles Parliaments and the people in all Ages till of late years than any or all of the rest put together though every of them hath been constantly defended maintained when impugned or incroached upon by our Ancestors and our selves 1 That no Tax Tallage Aid Subsidy Custom Contribution Loan Imposition Excise or other Assesment whatsoever for defence of the Realm by Land or Sea or any other publick ordinary or extraordinary occasion may or ought bee imposed or leavied upon all or any of the Freemen of England by reason of any pretended or real Danger Necessity or other pretext by the Kings of England or any other Powers but only with and by their common consent and grant in a free and lawful English Parliament duly summoned and elected except only such antient legal Ayds as they are specially obliged to render by their Tenures Charters Contracts and the common Law of England 2 That no Free-man of England ought to bee arrested confined imprisoned or in any private Castles or remote unusual Prisons under Souldiers or other Guardians but only in usual or Common Gaols under sworn responsible Goalers in the County where he lives or is apprehended and where his friends may freely visit and releeve him with necessaries And that only for some just and legal Cause expressed in the Writ Warrant or Process by which he is arrested or imprisoned which ought to be legally executed by known legal responsible sworn Officers of Justice not unknown Military Officers Troopers or other illegal Catchpolls That no such Free-man ought to bee denied Bail Mainprise or the benefit of an Habe as Corpus or any other Legal Writ for his enlargement when Bailable or Mainprizable by Law nor to be detained Prisoner for any real or pretended Crime not bailable by Law longer than until the next general or special Gaol-delivery held in the County where he is imprisoned when and where he ought to be legally tried and proceeded against or else enlarged by the Justices without denial or delay of Right and Justice And that no such Free-man may or ought to be out-lawed exiled condemned to any kinde of Corporal punishment loss of Life or Member or otherwise destroyed or passed upon but only by due and lawful Process Indictment and the lawful Trial Verdict and Judgement of his Peers according to the good old Law of the Land in some usual Court of publick Justice not by and in new illegal Military or other Arbitrary Judicatories Committees or Courts of High Justice unknown to our Ancestors 3 That the ordinary standing Militia Force and Arms of the Kingdom ought to reside in the Nobility Gentry Freeholders and Trained Bands of the Kingdom not in Mercenary Officers and Souldiers receiving pay and Contributions from the people more apt to oppress inslave betray than protect their Laws Liberties and to protract than end their Warres and Taxes That no Free-men of England unless it bee by special Grant and Act of Parliament may or ought to be compelled enforced pressed or arrayed to go forth of his own County much less out of the Realm into forreign parts against his will in times of Warre or Peace or except he be specially obliged thereto by antient Tenures and Charters save only upon the sudden coming of strange enemies into the Realm and then he is to array himself only in such sort as he is bonnd to do by the ancient Laws and Customs of the Kingdom still in force 4 That no Free-man of England may or ought to be disinherited disseised dispossessed or deprived of any Inheritance Free-hold Office Liberty Custom Franchise Chattles Goods whatsoever without his own Gift Grant or free Consent unless it be by lawful Processe Trial and Judgement of his Peers or special Grant by Act of Parliament nor to be denied or delayed common Right or Justice in any case 5 That the old received Government Laws Statutes Customs Priviledges Courts of Justice legal Processe of the Kingdom and Crown ought not to be altered repealed suppressed in any sort nor any new form of Government Law Statute Ordinance Court of Judicatury Writ● or legal proceedings instituted or imposed on all or any of the Free-men of England by any person or persons but only in and by the Kingdoms peoples free and full precedent consent in a lawful Parliament wherein the Legislative power solely resides 6 That Parliaments ought to be duly summoned and held for the good and safety of the Kingdom every year or every three years at least or so soon as there is just occasion That the Election of all Knights Citizens and Burgesses to sit and serve in Parliament and so of all other Elective Officers ought to be free That all Members of Parliament Hereditary or Elective ought to be present and there freely to speak and vote according to their Judgements and Consciences without any over-awing Guards to terrifie them and none to be forced sequestered or secluded thence by force or fraud That all Parliaments not thus duly and freely summoned elected freely held but unduly packed without due Elections or by forcible secluding securing any of the Members or not summoning all of them to the Parliament and all Acts of Parliament fraudulently or forcibly procured by indirect means ought to be nulled repealed reputed voyd and of dangerous president 7 That neither the Kings nor any Subjects of the Kingdom of England may or ought to be summoned before any Forreign Powers or Jurisdictions whatsoever out of the Realm or within the same for any manner of Right Inheritance Thing belonging to them or Offence done by them within the Realm nor tried nor judged by them 8 That all Subjects of the Realm are obliged by Allegiance Oaths and duty to defend their lawful Kings Persons Crowns the Laws Rights and Priviledges of the Realm and of Parliament against all Usurpers Traytors Violence and Conspiracies And that no Subject of this Realm who according to his Duty and Allegiance shall serve his King in his Warres for the just defence of him and the Land against Forreign Enemies or Rebels shall lose or forfeit any thing for doing his true duty service and allegiance to him therein but utterly be discharged of all vexation trouble or losse 9 That no publick Warre by Land or Sea ought to be made or leavied with or against any Forreign Nation nor any publick Truce or League entred into with Forreign Realms or States to binde the Nation without their common advice and consent in Parliament 10 That the Kings of England or others cannot grant away alien or subject the Crown Kingdom or antient Crown Lands of England to any other without their Nobles and Kingdoms full and free consent in Parliament That the antient Honours Manors Lands Rents
publique light p. 203 204. * Exact Coll. p. 3 4 c. * Quere whether the High Court of Justice had not its title from hence * Stew Watsons Dialogue between a secular Priest and Lay Gentleman printed at Rhemes 160● p. 95. * And is not this the cheif Reason of their late endeavoured alterations * And was not this the very principal engin lately used to alter our old Fundamental Government cut off the King and divest his Posterity of their three Kingdoms witnesse the Armies printed Declarations and the Junctoes Votes in pursuance of them Jan. 3. 1648. See Mene T●kel Percz by John Rogers * A great stickler against our Laws and a promoter of this Jesuitical designe * This he hath since this Epistle penned affirmed in a printed speech in the Painted Chamber before a greater Assembly Sep. 4. 1654 p. 16 17. * The more shame for those who suffer it * Therefore of the army and others Rulers by this clear publike confession in print * A● amongst other Eleazar and Joseph Bar Isaiah 2 cheating Impostors and Villains who bavecheated good people of some thousands of pounds The 1 of them would have for tibly ravished a maid in March last fled away in the night to avoid apprehension from Dursly in Glocestershire He confessed in his drink he was a souldier in Prince Ruperts army * 3 Jac. c. 1 2. The arraignment of traitors Speed Stow. 3. Jac. * Romes Master piece p. 8. c. 13 24. Hidden works of darknesse brought to publike light p. 189. 190. 196. 202. 211. 253 254. Exact Collection p. 12. 13. Canterburies Doom p. 453. c A Collection of Ordinances c. p. 831 832 833 851 852 858 869. d Hidden Works of Darkness c. p. 252 253 254. e See the Letter in the Appendix to my Speech in Parliament Relation of the Armies Proceedings against the Members The II. Part of the History of Independency Nota * See the Quakers unmasked 1 Eliz. c. 1. Eliz. c. 1. Jac. c. 1 2 3 7 Jac. c. 6. * My Imprisoners have lately professed to me that they knew not the cause why I was thus close imprisoned * See Causia the Jesuites Holy Court printed in Folio * T. P. the new Faux is first * See their Declarations Proposals and printed Papers 1647. 1648 1649 1652. since for that purpose * Qui tam facile receptas patrias leges cum novis aliis commutant certe legum ipsarum authoritalem debilitant atque enervant Necenim tantum legis abrogatio proderit quantum Magistratibus non obediendi mos oberit Aristotle Polit. l. 2. c. 6. ſ And since this in a Printed Speech Sept. 4 1654. * Hath not the Army done this in our three Nations See their own Chaplain Sedgewick his Justice on the Armies Remonstrance 1648. t The Monarchy of England hath been 1. In the Britons 2. in the Saxons 3. in the Danes 4. in the Normans Royal Line ' now the 5. must be elective in others v De Monarchia Hisp c. 25. See the Epistle to my Jus Patronatus x Art 1 2 12 25 32 33 41 42. * Luke 17. 21. Rom. 14. 17. 2 Pet. 1. 11. Col. 1 13. Heb. 12. 28. Rev. 12. 10. * Non abripit mortalia qui Regna dat coelestia Sedulius in hymno acrast de vita Christi Rex iste quinatus est non venit Reges pugnando superare sed moriendo mirabiliter subjugare Venit enim non ut regnet vivus sed ut triumphet occisus nec ut de aliis gentibus auro exercitum quaerat sed pro salvandis Gentibus preti●sum sanguinem fundat Hujus pueri regnum non est de hoc mundo sed per ipsum regnatar in hoc mundo Ipse est enim Sapientia Dei quae dicit in Proverbiis Per me Reges regnant Tu enim regnum nullatenus habuisses nisi ab isto puero qui nunc natus est accepisses Claudius l. 1. in Matth. y A True State c. p. 13. z See Th● 〈…〉 a See ●h●ir Alm●n●●k● in Janurary February 〈…〉 a De Monarchia Hispanica c. 25. p. 204 c. * See 25 H. 8. c. 22. 31 H. 8. c. 4. 37 H. 8. c. 17. 1. Eliz. c. 3. * De Monarchia Hisp c. 25. b De Monarchia Hispan c. 25. c Seewatsons Quodlibets p. 286. to 332. A Dialogue between a secular Priest and Lay Gentleman printed at Rhemes 1601. p. 93 94 95. d Conte de Galeazzo Gualdo Priorato Hist part 3. Venetiis 1648. p. 175 176. * Et quidem quid refert an Mulieres Iesuitae praesint an hi qui praesunt mulieribus obedient Arist Polit. l. 2. c. 7. Nota. Nota. ●ota Nota. e Quodlib 3. ar 4. p. 65. 41. Nota. f Quodlibets p. 39. 209 233 234 305 306 307 30● g Quodlibets p. 11 12 14 16 17 42 45 50 283 285 c 332 333. A Dialogue between a secular Priest a Lay Gentleman An. 1601. h Quodlibets p. 295 to 313 61 286 287 See the Right Jurisdiction of the Prelate and Prince by J. E. 1617 * See I. E. his Treatise of the Right and Jurisdiction of the Prelat Prince printed 1616. re-printed 1621 by the Jesuits i Quodlibets p. 26. k Quodlibets p. 62 69 and elsewhere l Quodlibets p. 43. 61 62 64. 16. * De Monarchia Hisp c. 32. p. 297 298. f Josh 9. 19 20. Psal 89. 34. Psal 15. 4. Heb. 6. 17 18. g When our Saviour himself was apprehended carried away prisoner and like to be crucified all his Disciples forsook him and fled and Peter denyed him with an oath Mat. 26. 56. 70. 10 75. And at Pauls first appearance before Nero no mā stood with him but all men forsook him I pray God it be not laid to their charge 2 Tim. 4. 9. 16. And so it is now with most publike sufferers * Zeph 2. 1. † Unusquisque majorem temporis sui partē in rebus privatis curandis ponit Rempublicam nihil detrimenti ex hac sua negligentia cap●re posse putat sed aliquam alium esse existimat qui Rempublicam curet ei pro setpso perspiciat Ita● cadem omnium privatorum opinionè Universam Rempublicam perdi non animadvèrtit Thucidides H●st l. 1. pag. 110. * Exact Coll. p. 492. 497. 494. * Are they not now more ready to let it go then ever have not thousands done it h Exact col p. 650. 659. 660. Nota. * Nota. * Fraudes propemodū omnes atque Injuriae ab Ambitione Ava●itia p●oficiseuntur Arist Polit. l. 2. c. 7. i See the Armies old new Declarations against the Parliam Members Their True state of the Commonwealth c. which mutato nomin● is but a direct Arraignment of themselves under the name of others k Exact col P. 652. 654. 655 c. l See their declarations in May June Iuly Aug. 1647 in
omnia pericula pro Republica subire mori pro patria Cicero de Finibus bonorum c. p. 365. and Tus●c Q●●aest p. 445. n Esth 4. 16. * See their printed Declarations of Iune 14. 23. Aug. 1. 2. 1647. Their Agreement of the People Jan. 1648. Government of the Common-wealth of England 1654. moulded by them * Do not many now boast talk write of such a Conquest by the Army over England b Quodlibets p. 322 323 333 334. c 1 Eliz. c. 1. 5 Eu. c. 1. 1. Jac. c. 4. 3. Jac. c. 4 5. 7 Jac. c. 6. 16 Caroli The Act for Triennial Parliaments * See J. E. his Right Jurisdiction of the Prelate and the Prince cap. 15. Becanus Bellarmine Lessius Eudoemon Johannis others against this Oath d See the printed Edicts repealing thē enforcing the Engagement An. 1649. e See the Propositions for the Treaty f See the Preface to the Covenant g See the Edicts for the Engagement An. 1649. h Bellarmin de Pont●f Romano Sir Hum Linde his Via devia * Thucidides Hist l. 1. 3. Plutarch Lysander Aristot Polit. l. 4 5. i See Grotius de jure Belli Pacis l. 3. c. 15. P. 537. k Watsons Qu●dlibets p. 320 321 312 332 333. l De Monar Hisp c. 25. m Conte de Galiazzo Gualdo Priorato Hist part 3. p. 175 176. * Optandū quidem est st modo Respublica salva et incolumis futura sit ut Civitatis part●s omnes quidem sibi constent in suo statu permaneant At ut praesen●●ti statu gaudeant Reges Regiae dignitatis splendore commoventur Optimates Senatoriae haec enim illis pro virtutis suae praemio est populus Ephoriae Aristot Polit. l. 2. c. 7. n See 1 Cor. 12. 12. to 31. 25 H. 8. c. 22. 26 H. 8. c. 3. 1 Jac. c. 1 2. 3 Jac. c. 1 2. a John 17. 17. 2 Cor. 6. 7. Ephes 1. 12. Jam. 1. 18. b 2 Sa. 22. 8. 16. Job 38. 4 6. Ps 18. 15. 102 5. Pro. 8. 29. Is 24. 18. 40. 21 48. 13. 51 13. 16. Zech. 12 1. Mic. 1. 6. Joh. 17. 24 Eph 4. 4 Heb. 1. 10. 4 3. 9. 26 1 Pet. 1. 20 c 1 Kin. 5. 17 6. 37. 7. 9 10 Ezr. 4. 13. 6. 3. Ps 137. 7. Ezech. 41. 8. Hag. 2. 8. Zech. 4 9. 8 9. Mat. 7. 26 27 Luke 6. 48 49. d Isa 28. 16. 54. 11. Ps 87. 1 1 Cor. 3. 10 11 12. Heb. 11. 10. 1 Pet. 2. 6 Rev. 21. 14. 19. e 2 Tim. 1. 19. Heb. 6. 1. 2. f Jer. 50. 15 Mic 1. 6 7 Luke 6. 48 49 Matt. 7. 26 27 g Lilburn tried and cast p. 39 142. to 148 154. Ca●●es Voice from the Temple which perswade● the subversion and abolishing of al former Laws especially for Tithes and Ministers support * S●e the Government of the Cōmon-wealth of England c. Artie 3. 12. 21. 22 24 ●7 28 29 30 31 32 38 39 41. * 2 The●● 2. 4. * See Exact Collect. and a General collection of all Ordinances c. * S●e Culpepers and ●illy's M●rlins and Almanacks John Cannes Voice Lilb tried and cast with many Petitions and Pamphlets against the Law and Lawyers The Order of Aug. 19. 1653. That there should be a Committee selected to consider of a New body of the Law for the government of this Common-wealth * Exod. 21. 6. * Summumjus est summa injuria Cic. de Officiis p. 611. * Lilbourn tried and cast p. 39 40 142 to 148 and elsewhere John Cannes ● Voice from the Temple John Rogers Mene Tekel Perez p. 6. Lilly and Culpeper in their Prognostications An. 1653 1654. See the Armies Proposals See the 1 and 6 Proposition in cap. 2. * See the Government of the Common-wealth of England c. Arti● 12. the writs and printed returns for new ●lections and enforced new Test and Engagement imposed on the three Kingdoms and new Members se●luding m●●● of them See Proposition 1. in ch 2. Nota. * O how are they now degenerated * And should they not be so now then * And should we now at last fail herein * How dare then any self created powers who are neither Kings nor Parliaments now arrogate to themselves or exercise such a super-Reg al arbitrary power and Prerogative against all our Laws and the●● own instrument and oaths Nota. * And oh that we would follow it now again both in and out of Parliament Nota. * See the whitehall Ordinances for the six months contribution Excise till 1656. tunnage Poundage till 1658. beyond all Presidents in any age and the very words and letter of the 30 Article of their government Nota. * Yet those who have pulled down our Kings as Tyrants now presume to do it Witness their New White-hall Laws and Ordinances amounting to near 700. pages in folio in a few moneths space * And do not those do so who now ●ay Monethly Taxes Excises Customs and New Imposts on us daily out of Parliament and that for many moneths and years yet to come against the Letter of their own Instrument and Oath too * And are they not so now * 20. H. 3. c. 9. See Cooks 2 In●●it p. 97 ●8 Proposition 1 4 Proposition 2. * See Canterburies Doom p. 19. Exact Coll. p. 12. * Exact Collect. p. 112 113. * Exact Coll. p 850 584 ●87 888. See Chap. 2. Proposit 1 2. 3. * Do not the Army Officers now enforce them to all this without a Parliament to support their usurped new Powers and Possessions and establish themselves in a most absolute Soveraignty over our three kingdoms Nota. * These expostulations reach to them at Whitehall now who presume to impose Taxes Customs Excises and make binding laws and Instruments for our whole 3 kingdomes Nations Parliaments which no King there ever did in like nature nor their C●●●cels in any age * See the true state of the case of the Common-wealth of England c. p. 33 34. * Exact Collect p. 888. * A Collection of all publike Orders Ordinances and Declarations of Parliament p. 451 452 457 458. * How have others of late which they stile Parli●ments been convened * Yet forcibly dissolved by the Army and some now in Power against their Commissions Oaths Trusts Protestations Covenant and an Act of Parliament for their continuance who may do well to peruse this clause See c. 2. Proposition 6 7. * A Collection c. p. 504. * A Collection c. p. 877 878 879. * And is not all this now proved a reall experimental truth in some of these Remonstrants to their shame * And can most of these Remonstrants in late or present Power now say this in truth or realty and must not they be utterly ashamed confounded before God and man when they consider how they have dissembled prevaricated with God and men herein in each particular * And