upon all or any of the Freemen of England by reason of any pretended or reall Danger Necessity or other pretext by the Kings of England or any other Powers but onely with and by their common consent and Grant in a free and lawfull Parliament duly summoned and elected Except onely such ancient legall Ayds as they are specially obliged to render by their Tenures Charters Contracts and the Common Law of England 2. That no Freeman of England ought to be arrested confined imprisoned in any private Castles or remote unusuall Prisons under Souldiers or other Guardians but onely in usuall or Common Gaols under sworn responsible Gaolers in the County where he lives or is apprehended and where his Friends may freely visit and relieve him with necessaries And that onely for some just and legall cause expressed in the Writ Warrant or Processe by which he is arreâ—â—ed or imprisoned which ought to be legally executed by known legal responsible sworn Officers of Justice not unknown military Officers Troopers or other illegall Catchpols That no such Freeman ought to be denied bail Mainprise or the benefit of an Habeas Corpus or any other Legal Writ for his enlargement when bailable or incumpernable by Law nor to be detained prisoner for any reall or pretended Crime not bailable by Law then untill the next Generall or Speciall Gaol-delivery held in the County where he is imprisoned where he ought to be legally tried and proceeded against or else enlarged by the Justices without deniall or delay of Right and Justice And that no such Freeman may or ought to be outlawed exiled condemned to any kind of corporall punishment losse of Life or Member or otherwise destroyed or passed upon but onely by due and lawfull Processe Indictment and the lawfull Triall Verdict and Judgment of his Peers according to the good old Law of the land in some usuall Court of Publick Justice not by and in a new illegall Military or other Arbitrary Judicatories Committees or Courts of High Justice unknown to our Ancestors 3. That no Freeman of England unlesse it be by Speciall Grant and Act of Parliament may or ought to be compelled enforced pressed or arrayed to go forth of his own Countrey much lesse out of the Realm into forreign parts against his will in times of Warre or Peace or except he be specially obliged thereto by ancient Tenures and Charters save onely upon the sudden coming of strang enemies into the Realm and then he is to array himself onely in such sort as he is bound to do by the ancient Laws and Customs of the Kingdome still in force 4. That no Freeman of England may or ought to be disinherited disseised dispossed or deprived of any inheritance Freehold liberty Custome Franchise Chattle Goods whatsoeuer without his own Gift Grant or free Consent unlesse it be by lawfull Processe Triall and Judgment of his Peers or speciall Grant by act of Parliament 5. That the old received Government Laws Statutes Customes Priviledges Courts of Justice legall Processe of the Kingdome and Crown ought not to be altered repealed suppressed nor any new from of Government Law Statute Ordinance Court of Judicature Writs or legall Proceedings instituted or imposed on all or any of the Free men of England by any Person or Persons but onely in and by the Kingdomes free and full Consent in a lawfull Parliament wherein the Legislative Power solely resides 6. That Parliaments ought to be duly summoned and held for the good and safety of the Kingdome every year or every three years at least or so often 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 or secluded thence And that all Parliaments not thus duly summoned elected whilst held but unduly packed and all Acts of Parliament fraudulently and forcibly procured by indirect means ought to be nulled repealed as void and of dangerous president 7. That neither the Kings nor any Subjects of the Kingdome 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 8. That all Subjects of the Realm are obliged by Allegiance and duty to defend their Lawfull 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 discharged of all vexation trouble or losse 9. That no publick Warre by Land or Sea ought to be made or levied with or against any Forreign Nation or Publick Truce or League entred into with Forreign Realms or States to bind the Nation without their Common advice and consent in Parliament 10. That the ancient Honours Manors Lands Rents Revenues Inheritances Right and perquisites of the Crown of England originally settled thereon for the Ease Exemption of the people from all kind of Taxâ—s payments whatsoever unlesse in cases of extraordinary necessity and for defraying all the consant ordinary expences of the Kingdome as the expences of the Kings houshold Court Officers Judges Embassadors Garisons Navy and the like ought not to be sold alienated given away or granted from it to the prejudice of the Crown and burdening of the people And that all Sales Alie nations Gifts or Grants thereof to the empairing of the publick Revenue or prejudice of the Crown and people are void in Law and ought to be resumed and repealed by our Parliaments and Kings as they have frequently been in all former ages For the Readers fuller satisfaction in each of these propositions some of which I must shew here but briefly touch for brevity sake having elsewhere fully debated them in print I shall specially recommend unto him the perusall of such Tracates and Arguments formerly published wherein each of them hath been fully discussed which he may peruse at his best leasure The first of these Fundamentalls which I intend principally to insist on is fully asserted debated confirmed by 13. H. 4. f. 14. By Fortesâ—ue Lord Chief Justice and Chancellour of England de laudibus Legum Angliae dedicated by him to King Henry the 6 f. 25. c. 36. f. 8â— By a learned and necessary Argument against impositions in Parliament of 7. Jacobi by a late Reverend Judge printed at London 1641. By Mr. William Hakewell in his
Judgements and Authorities in all ages undeniably evidencing declaring vindicating establishing perpetuating these Fundamental Hereditary Rights Liberties Priviledges Franchises Customs Laws and abundantly manifesting the extraordinary care industry zeal courage wisdom vigilancy of our Ancestors to defend preserve and perpetuate them to posterity without the least violation or diminution 4. I shall vindicate the exellencie indifferencie and legality of trying all Malefactors whatsoever by Juries of their peers upon legal Processe and Indictments and manifest the illegality injustice partiality dangerous consequences of admitting or introducing any other form of Trials by New Arbitrary Martial Commissions or Courts of High Justice or rather * Injustice inconsistent with and destructive to the Fundamental Rights Liberties Priviledges Laws Franchises of the English Nation and of most dangerous President to Posterity being set up by the greatest Pretenders to Publike Liberty Law and the chiefest inveighers against Arbitrary Regal Tyranny and Power which never publikely established them by any Law and may fall to imitate them in future Ages Each of these I intend to prosecute in distinct Chapters in their order For the first of these That the Kingdome and Free-men of England have some Ancient Hereditary Right Liberties Priviledges Franchises Laws and Customs properly called FVNDAMENTAL and likewise a FVNDAMENTAL GOVERNMENT no wayes to be altâ—red undermined subvertâ—d directly or indirectly under pain of Highâ—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 a traytorous late-published Pamphlets which professedly deny it and endeavour a total abrogation of all former Laws to set up a New Model 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 b King John Anno 1215. in the 17 yeer of his Reign regranted and confirmed by King Henry the third in the ninth yeer of his Reign and sundry times afterwards and by King Edward the first in the 25 and 28 yeers of his Raign wherein these three Kings successively by their several Grand Charters under their Great Seals did grant give and confirm to all the Free-men of the Realm of England FOR THEMSELVES AND THEIR HEIRS FOR EVER the Customs Libertiâ—s therein contained TO HAVE AND TO HOLD THEM TO THEM AND THEIR HEIRS FROM THEM AND THEIR HEâ—RS FOR EVER Concluding their Charters thus All these Customs and Liberties aforesaid which we have granted to be holden within this our Realm as much as appertaineth TO US AND OUR HEIRS WE SHALL OBSERVE And ALL MEN OF THIS OUR REALM AS WELL SPIRITUALL AS TEMPORALL as much as in them is shall observe the same against all persons in likewise And we have granted unto them THAT NEITHER WE NOR OUR HEIRES SHALL PROCURE OR DO ANY THING WHEREBY THE LIBERTIES IN THESE CHARTERS CONTAINED SHALL BE INFRINGED OR BROKEN We â—atifying and approving these Gifts and Graunts aforesaid CONFIRM and CORROBORATE ALL THE SAME FOR US AND OUR HEIRS PERPETUALLY and by these Presents as the later Charters run do renew the same Willing and Granting FOR US AND OUR HEIRS THAT THESE CHARTERS AND ALL AND SINGULAR THEIR ARTICLES FOR EVER SHALL BE STEDFASTLY FIRMLY AND INVIOLASLY OBSERVED Sir Edward Cook that reverend learned Judge and Professor of our Laws in his preface to his second Institutes and p. 2. and 77. thereof wherein he comments on this Great Charter printed by two Orders of the House of Commons in Parliament dated 12 Maii. 1641. and 30 Junii 1642. resolves in direct terms That the Great Charter was for the most part declaratory of the Principal Grounds of THE FVNDAMENTAL LAWS OF ENGLAND That these words therein for as and our heirs for ever were added to avoid all scruples THAT THIS GREAT PARLIAMENTARY CHARTER MIGHT LIVE AND TAKE EFFECT IN ALL SUCCESSIONS OF AGES FOR EVER A clear Resolution that the principal Liberties Customs Laws contained in these Great Charters and ratified by them are both Fundamental perpetual and unalitrable being since confirmed in all points by neer fourty several special Acts of Parliament in succeeding Parliaments and likewise by the Solemn Oathes of our Kings Nobles Judges Great Officers and of the People too all severall times sworn to defend and maintaine the same and by sundry Solomn Excommunications against the onfringers or contemners of them in any kind as I shall prove more fully in the third Chapter The second is the punctuall Resolution of the whole Parliament of 1 Jacobi even in a printed act of Parliament chap. 2. and of King James himself in his speech therein as is evident by this Prologue to that act Whereas his most excellent Majestie hath been pleased out of his great wisdome and judgment not onely to represent unto us by his own prudent and Princely Speech on the first day of this Parliament how much he desired in regard of his inward and gratious affection to both the famous and ancient Realms of England and Scotland now united in allegiance and by all subjection IN HIS ROYAL PERSON TO HIS MAJESTY AND HIS POSTERITY FOR EVER that by a speedy mature and sound Deliberation such a future Vnion might follow as should make perfect that mutual love and uniformity of Maners and Customs which Almighty God in his providence for the strength and safety of both Realms hath so far already begun inâ— pparent sight of all the world but also hath vouchsafed to expresse many ways how far it is and EVER SHALL BE from his Royal and sincere care and affection to the Subjects of England TO ALTER OR INNOVATE the FUNDAMENTAL and ANCIENT LAWS PRIVILEGES and GOOD CUSTOMS OF THIS KINGDOM whereby not only HIS ROYAL AUTHORITY but THE PEOPLES SECURITY OF LANDS LIVINGS and PRIVILEGES â—oth in generall and particular are PRESERVED and MAINTAINED and BY THE ABOLISHING OR ALTERATION OF THE WHICH IT is IMPOSSIBLE BUT that PRESENT CONFUSION WIL FALL UPON the WHOLE STATE and FRAME OF THIS KINGDOM c. In which memorable Clause these four things are observable 1. That the Kingdom and People of England have Fundamental ancient good Laws Privileges and Customs 2. That these are no ways to be altered or innovated and that it always hath been is and ever shall be far from the thoughts and intents of all good Kings Governours and Parliaments who bear a sincere care and affection to the subjects of England to alter or innovate them 3. That by these ancient good Laws Privileges and Customs not onely the Kings Regal authority but the peoples security of Lands Livings and Privileges 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 whole State and frame of this Kingdome Which I wish all Innovators and New Modellers of our Laws
would now at last lay seriously to heart and the whole Kingdom and English Nation sadly consider who have found it an Experimental truth of late yeers and no imaginary feigned Speculation The third is The Remonstrance of the whole House of Commons in Parliament delivered in writing to K. James in the Parliament of 7 Iac. 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 have received first by Message and since by Speech from your Majestie 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 Wee your said humble Subjects nothing doubting but that your Majestie had no intent by that command to infringe THE ANCIENT AND FVNDAMENTAL RIGHTS OF THE LIBERTY OF PARLIAMENT in poynt of exact discussing of all matters concerning them and their possessions Goods and Rights whatsoever which yet wee cannot but conceive to be done in effect by this command Do with all humble duty make this Remonstrance to your Majestie First Wee hold it AN ANCIENT GENERAL and VNDOVBTED RIGHT OF Parliament to debate freely all matters which do properly concern the Subject and his Right or Estate which freedom of debate being once fore-closed THE ESSENCE OF THE LIBERTY OF PARLIAMENT IS WITHALL DISSOLVED Here the whole House of Commons in a special Remonstrance to King James printed and published by Order of a Committee of the House of Commons for licensing of Books dated 20 Maii 1641. 17 Caroli declare resolve vindicate and maintain One principal ancient Fundamental general undoubted 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 so much nay farre more intrench upon the ancient Fundamental General undoubted Right 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 â— A. B. do swear that I will never give my consent TO ALTER THE GOVERNMENT OF THIS CHURCH BY ARCH-BIâ—HOPS BISHOPS DEANS AND ARCH-DEACONS c. AS IT STANDS NOW ESTABLISHED AND AS BY RIGHT IT OVGHT TO STAND * Resolved by the whole House of Commons and Peers too without one dissenting voyce in Parliament Decemb. 1640. to be a most dangerous and illegal Oath contrary to THE RIGHTS and PRIVILEGES OF PARLIAMENT and to the FVNDAMENTAL LAWS STATVTES OF THE REALM c. and OF DANGEROVS CONSEQVENCE The contriving whereof was objected to the late Arch-bishop of Canterbury in his Original and Additional Articles of Impeachment to be HIGH TREASON for which amongst other thigs he lost his head The fourth is the notable Petition of Grievance of the whole House of Commons in Parliament presented to King James in the seventh yeer of his Reign after their Vote against his right to lay any Impositions on Goods imported or exported without assent of Parliament in these ensuing words THe policy and Constitution of this your Majesties Kingdom 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 Merchandizes 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 Kingdom as they have * ever shewed themselves faithful and loving to their Kings ready to aid them in all their 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 Princese it her occasioned by war or by their own bounty or by any other necessity have without consent of Parlament set on Impositions either within the Land or upon Commodities exported or imported by the Merchants they have in open Parliament complained of it in that it was done without their consents AND THEREUPON * NEVER FAILED TO OBTAIN A SPEEDY AND FULL REDRESS without any ‖ Claim made by the Kings of any Power or Prerogative in that point And though THE LAW OF PROPERTY BE ORIGINAL and carefully preserved by the Common Lawes of this Realm WHICH ARE AS ANCIENT AS THE KINGDOM IT SELF yet those famous Kings for the better contentment and assurance of their loving Subjects agreed THAT THIS OLD FVNDAMENTAL RIGHT observe the words should be further declared AND ESTABLISHED BY ACT OF PARLIAMENT wherein it is provided That no such Charge should ever be laid upon the People without their common consents as may appear by sundry Records of former times We therefore your Majesties most humble Commons assembled in Parliament * FOLLOWING THE EXAMPLE OF THIS WORTHY CARE OF OVR ANCESTORS AND OVT OF OVR DVIY TO THOSE FOR WHOM WE SERVE finding that your Majesty without advice of your Lords and Commons hath lately in times of Peace SET BOTH GREATER IMPOSITIONS AND FAR MORE IN NVMBER THEN ANY YOVR NOBLE ANCESTORS DID EVER IN TIME OF WAR do with all humility present this most just and necessary Petition unto your Majesty THAT ALL IMPOSITIONS SET WITHOVT ASSENT IN PARLIAMENT MAY BE QVITE ABOLISHED AND TAKEN AWAY And that your Majesty likewise in imitation of your Royal PROGENITORS will be pleased that a Law in your time and during this Session of Parliament may be also made to declare THAT ALL IMPOSITIONS OF ANY KIND SET OR TO BESET VPON YOVR PEOPLE THEIR GOODS OR MERCHANDIZES SAVE ONLY BY COMMON CONSENT IN PARLIAMENT ARE AND SHALL BE VOYD wherein your Majesty shall not only GIVE YOVR SVBJECTS GREAT SATISFACTION IN POINT OF THEIR RIGHT but also bring exceeding joy and comfort to them who now suffer partly through the abating of the price of Native Commodities and partly through the raising of all Forein to the overthrow of Merehants and Shipping the causing of general dearth and decay of all wealth
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 The seventh is The Vote of the a whole House of Commons 16. December 1640. Nullo contradicente entred in their Journal and printed in Diurnal Occurrences p. 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 contained divers things tending to Faction and Sedition The eighth Authority is b The Votes of both Houses of Parliament concerning the security of the Kingdom 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 of his Majesties refusal the Ordinance agreed on by both Houses for the Militia doth oblige the people and ought to be obeyed by THE FUNDAMENTAL LAWS OF THIS KINGDOM A very vain false absurd and delusory Vote if there be no such Laws as some now affirm The ninth punctual Authority is a A second Declaration of the Lords and Commons assembled in Parliament concerning the Commission of Array printed by their special Order of 12 Januarii 1642. wherein are these observable passages The main drift of 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 Subjects 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 Majestie shall impose upon his Subjects upon pretence of Defence of the Kingdom for there is the same reason of Law for any other Charge that is pretended for Defence as for this If his Majestie 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 Bulworks and after to maintain them with Garisons 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 as all other Lawes that have been made for the Subjects benefit against Taxes and other Charges either in this or any other Parliament These Positions thus laid down and maintained DO SHAKE THE FUNDAMENTAL LAWS OF THE KINGDOM 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 compel his Subjects to defend it without Parliaments If these grounds should hold what need the Subjects grant Subsidies in Parliament for Defence of the kingdom in time of real danger if the king for defence at any times when he shall only 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 LAWS OF THE LAND both for PROPERTY OF GOODS AND LIBERTY OF PERSON c. 2. 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 after so many Declarations and solemn Protestations made by his Majesty to rule by the known Laws of this Land his Majesty by advice of his ill-Councellors should be perswaded to set such a Commission on foot which is so clearly contrary TO THE FUNDAMENTAL LAWS OF THIS LAND the Right of Property and Liberty of the Subject contrary to formâ—r Resolutions of Parliament and to the Petition of Right I am certain the generality of the Nation are now as much and more aggrieved that some who were Parties to this Declaration and others who have made as many or more Declarations and Protestations as his Majesty ever did to rule by the known Laws of the Land should since this far exceed his Majesty in the like or more exorbitances in the Militia Excises Taxes Impositions Imprisonments arbitrary extravagant proceedings and capital executions in new-erected Courts of Injustice as diametrically contrary as the Kings Commissions of Array to the Fundamental Laws of the Land four times together so stiled and insisted on as such in this one Declaration of both Houses the Right of Property of the Subject contrary to former Resolutions and the Petition of Right yea which is most abominable to their own Declarations Remonstrances Votes Protestations Vows Solemn Leagues and Covenants in Parliament to their own eternal Infamy as well as the peoples intolerable oppression and Slavery who thereupon may justly conclude and protest against them as both Houses did in the close of that Declaration against the Array viz. * And the Lords and Commons do and shall adhere to their former Votes and Resolutions That all those that are Actors in putting of this Commission of Array in execution shall be esteemed disturbers of the Peace of the Kingdome and the Properties and Liberties of the Subject The tenth evidence is a the Vote and Letter of both Houses of Parliament sent to his Majesty at Oxford 9. March 1643. in answer to his Majesties of the third of March wherein there is this passage We the Lords and Commons assembled in the Parliament of England c. have resolved with the concurrent advice and consent of the Commissioners of Scotland to represent to your Majesty in all humility and plainness as followeth That this present Parliament convened according to the known and FUNDAMENTAL LAWS OF THE KINGDOM the continuance whereof is
established by a Law consented to by your Majesty is in effect denied to be a Parliament c. And hereupon we think our selves bound to let your Majesty know That since the * continuance of this Parliament is setled by a Law which as all other Laws of your Kingdom your Majesty is sworn to maintain as we are sworn to our Allegiance to your Majesty these Obligations being reciprocal we must in duty and accordingly are resolved with our lives and fortunes to defend and preserve the just Rights and full Power of this Parliament To which the Earl of Essex then General by both Houses direction in his Letter to the Earl of Forth Jan. 30. 1643. adds this Corollary My Lord the maintenance of the Parliament of England and the Priviledges thereof is that for which we are all resolved to spend our bloud as being THE FOUNDATION WHEREON ALL OUR LAWS and LIBERTIES ARE BUILT Which both the Lords and Commons assembled in Parliament in their Declaration of 23. Martii 1643. touching their proceedings upon his Majesties Letter concerning a Treaty of Peace wherein this Earls former Letter is recited thus second The Parliament of England is the only Basis the chief Support and Pillar of our Laws and Liberties c. And if notwithstanding all these Obligations the King shall * at his pleasure dissolve this Parliament the Kingdom is not only deprived of the present but made uncapable of enjoying the benefit of any future Parliament or Laws any longer then shall stand with the will and pleasure of the King and consequently THE FUNDAMENTALS OF ALL OUR LAWS GOVERNMENT ARE SUBVERTED Let the Parliament-dissolving officers Army and their Confederates seriously ponder this with all who shall hereafter sit in Parliament consider it in the first place The eleventh is the a Ordinance of both Houses of Parliament 13. Junii 1644. for the Forces raised in the County of Salop which begins thus The Lords and Commons assembled in Parliament taking into their serious considerations the great oppressions under which the Inhabitants of the County of Salop by reason of insupportable Taxes c. and the present condition of the County by reason of the great number of Irish Rebels that have invaded it and joyned with Papists and other ill-affected persons now in those parts doth threaten the extirpation of the Protestant Religion and the subversion of the FUNDAMENTAL LAWS and GOVERNMENT of the Kingdom For prevention whereof c. The twelfth is b A Declaration of the Commons of England assembled in Parliament 17 Aprilis 1646. of their true intentions concerning the ANCIENT FUNDAMENTAL GOVERNMENT OF THE KINGDOM securing the people against ALL ARBITRARY GOVERNMENT c. wherein they complain that the Enemy being in despair to accomplish his designs by War do misrepresent our intentions in the use we intended to make of the great Successes God hath given us and the happie opportunity to settle Peace and truth in the three Kingdoms to beget a belief that we now desire to exceed or swerve from our first Aims and Principles in the Undertaking of this War and to recede from the Solemn League and Covenant and Treaties between the two Kingdoms and that we would prolong these uncomfortable troubles and bleeding Distractions IN * ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION FRAME OF THIS KINGDOM to leave all Government in the Church loose and unsetled and our selves to exercise THE SAME ARBITRARY POWER OVER THE PERSONS ESTATES OF THE SUBJECTS which this present Parliament hath thought fit to abolish by taking away the Star-Chamber High Commission and other Arbitrary Courts and the exorbitant Power of the Councel Table all which we have seen since experimentally verified in every particular in the highest degree notwithstanding this Declaration by some in late and present Power notwithstanding this Publication All which being seriously considered by us c. We do declare THAT OUR TRUE REAL INTENTIONS ARE OUR ENDEAVOR SHALL BE to settle Religion in the purity thereof * TO MAINTAIN THE ANCIENT FUNDAMENTAL GOVERNMENT OF THIS KINGDOM TO PRESERVE THE RIGHTS LIBERTIES OF THE SUBJECT to lay hold on the first opportunity of procuring a safe and well-grounded Peace in the three Kingdoms and to keep a good understanding between the two Kingdoms of England and Scotland according to the grounds expressed in the Solemn League and Covenant And lest these Generals should not give a sufficient satisfaction we have thought fit to the end men might no longer be abused in a misbelief of our intentions or a misunderstanding of our actions to make this further enlargement upon the particulars And first concerning Church-Government c. because we cannot consent to the granting of an Arbitrary and unlimited Power and Jurisdiction to neer ten thousand Judicatories to be erected within this Kingdom and this demanded in such a way as is not consistent with THE FUNDAMENTAL LAWS GOVERNMENT OF THE SAME c. our full Resolutions still are sincerely really and constantly to endeavour the Reformation of Religion in the Kingdoms of ENGLAND IRELAND in Doctrine Worship Discipline and Government according to the Word of God and the example of the best Reformed Churches and according to the Covenant WE ARE * SO FAR FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOM BY KING LORDS COMMONS That we have only desired that with the consent of the King such Power may be setled in the TWO HOUSES without which we can have no assurance but that the like or greater mischiefs then those which God â—ath hitherto delivered us from may break out again and engage us in a second and more destructâ— ve War whereby it plainly appears OUR INTENTIONS ARE NOT TO CHANGE THE ANCIENT FRAME OF GOVERNMENT WITHIN THIS KINGDOM but to obtain the end of the Primitive Institution of all Government THE SAFETY WEAL OF THE PEOPLE not judging it wise or safe after so bitter experience of the bloudy Consequences of a * pretended Power of the Militia in the King to leave any colourable authoâ—ity in the same for the future attempts of introducing AN ARBITRARY GOVERNMENT OVER THIS NATION We do declare That we will not nor any by colour of any Authority derived from us shall interrupt the †ordinary course of Justice in the several Courts and Judicatories of this Kingdom nor intermeddle in cases of private interest otherwhere determinable unless it be in case of Male-Administration of Justice wherein we shall see and provide that Right be done and punishment inflicted as there shall be occasion ACCORDING TO THE LAWS OF THE KINGDOM Lastly Whereas both Nations have entred into a Solemn League and Covenant we have and EVER SHAL BE VERY CAREFUL DULY TO OBSERVE THE SAME That as nothing hath been done SO NOTHING SHALL BE DONE BY US REPUGNANT TO THE TRUE MEANING AND INTENTION THEREOF c. WHO WILL NOT DEPART FROM THOSE GROUNDS
others who condemned him And the reason which he gave for it hath more mischiefe than the thing it selfe THEY ARE A CONQUERED NATION Let those who now say the same of England as well as Scotland and Ireland consider and observe what follows There cannot be a word more pregnant and fruitfull IN TREASON then that word is There are few Nations in the world that have not been conquered and no doubt but the Conquerour may give what Laws he please to those that are conquered But if the succeeding Acts and agreements do not limit restrain that Right what people can be secure England hath been conquered and Wales hath been conquered and by this reason will be in little better case then Ireland If the King by the Right of a Conquerour give Lawes to his people shall not the people by the same reason be restored to the Right of the conquered To recover their Liberty if they can What can be more hurtfull more pernicious than such Propositions as these 2. It is dangerous to the Kings Person and dangrous to his Crown It is apt to cherish Ambition usurpation and Oppression in great men and to beget Sedition Discontent in the people and both these have been and in reason must ever be causes of great Trouble and Alterations to Prince and State If the Histories of those Easterne Countries be perused where Princes order their Affaires according to the mischievous Principles of the Earle of Straffords LOOSE and ABSOLVED FROM ALL RULES OF GOVERNMENT they will be found to be frequent in combustions full of Massacres and of the tragicall end of Princes If any man shall look into our own Stories in the times when the Laws were most neglected he shall finde them full of Commotions of Civil Distempers whereby the Kings that then raigned were alwayes kept in want and distresse the people consumed with CIVILL WARRES and by such wicked Counsels as these some of our Princes have been brought to such miserable ends As * no honest heart can remember without horror and earnest Prayer that it may never be so again 3. As it is dangerous to the Kings person and Crown so it is in other respects very prejudiciall to His Majesty in honour profit and greatnesse which he there proves at large as you may there read at leasure and yet these are the Guildings and Paintings that are put upon such Counsells These are for your Honour for your Service 4. It is inconsistent with the Peace the Wealth the Prosperity of a Nation It is destructive to Justice the Mother of Peace to Industry the Spring of Wealth to Valour which is the active vertue whereby the prosperity of a Nation can onely be procured confirmed and enlarged It is not onely apt to take away Peace and so intangle the Nation with warres but doth corrupt Peace and powres such a malignity into it as produceth the effects of Warre both to the * NOBILITY and others having as little Security of THEIR PERSONS OR ESTATES in this peaceable time as if the Kingdome had beene under the fury and rage of Warre And as for Industry and Valour who will take paines for that which when he hath gotten is not his own or who fights for that wherein he hath no other interest but such as is subject to the will of another c. Shall it be Treason to embase the Kings Coine though but a piece of twelve pence or six pence and must it not needs be the effect of GREATER TREASON to * embase the Spirits of his Subjects and to set a stamp and Character of Servitude upon them whereby they shall be disabled to do any thing for the Service of the King or Common wealth 5. In times of sudden danger by the Invasion of an enemy it will disable his Majesty to preserve himself and His Subjects from that danger When Warre threatens a Kingdome by the comming of a forreign enemy it is no time then to discontent the people to make them weary of the PRESENT GOVERNMENT and more inclinable to a change The Supplies which are to come in this way will be unready uncertain there can be no assurance of them no dependence upon them either for time or proportion And if some money be gotten in such a way the Distractions the Divisions Distempers which this cause is apt to produce will be more prejudiciall to the publick safty than the Supply can be advantageous to it 6. This crime is contrary to the Pact and Covenant between the King and his people by mutall agreement and stipulation confirmed by OATH on both sides 7. It is an Offence that is contrary to the ends of Government 1. To prevent Oppressions to * limit and restraeine the excessive power and violence of great Men to open passages of Justice with indifference towards all 2. To preserve men in their Estates to secure them in their Lives and Liberties 3. That vertue should be cherished and vice suppressâ—d but where Laws are subverted and arbitrary and unlimited power set up a way is open not onely for the security but for the Advancement and Incouragement of evill Such men as are * aptest for the execution and maintenance of this power are onely capable of Preferment and others will not be Instruments of any unjust commands who make conscience to doe any thing against the Law of the Kingdome and Libbeties of the Subject are not only not passable for imployment but SUBJECT TO MUCH JEALOUSY and DANGER Is not this their condition of late and present times expertus quor 4. That all Accidents and events all Counsels and Designs should be improved to the publick good But this arbitrary power is apt to dispose all to the maintenance of it self And is it not so now 8. The Treasons of Subversions of the Lawes violation of liberties can never be good or justifiable by any circumstance or occasion being evil in their own nature how specious or good so ever they be pretended He alledgeth it was a time of GREAT NECESSITY and DANGER when such Counsels were necessary FOR THE PRESERVATION OF THE STATE the Plea since and now used by others who condemned him If there were any NECESSITY IT WAS OF HIS OWN MAKING He by his evill Counsel had brought the King as others the Kingdome since into a necessity and by no Rules of Justice can be allowed to gain this advantage to his Justification which is a GREAT PART OF HIS OFFENCE 9. As this is Treason in the nature of it so it doth exceed all other Treasons in this that in the Designe and endeavour of the Authour it was to be A CONSTANT and PERMANENT TREASON a standing perpetuall Treason which would have been in continuall Act not determined within one Time or Age but transmitted to Posterity even from Generation to Generation And are not others Treasons of late times such proclaimed such in and by their owne Printed Papers and therein
that judgest for wherein thou judgest another thou CONDEMNEST THY SELF FOR THOU THAT JUDGEST DOEST THE SAME THINGS But we are sure that the judgement of God is according to truth against them which commit such things And thinkest thou this O man that judgest them which do such things and doest the same that thou shalt escape the Judgment of God 3. To excite all Lawyers expecially such who of late times have taken upon them the stile and power of Judges to examine their consciences actions how far all or any of them have been guilty of these crimes and Treasons so highly agravated and exemplarily punished of former and latter times in corrupt cowardly time-serving degenerate Lawyers and Judasses rather then Judges to the disgrace of their Profession and prejudice of the Fundamentall Lawes Liberties Rights Priviledges of our Nation Peers Parliaments subversion of the Fundamentall Government of this famous Kingdome whereof they are Members 4. To instruct those Jesuited Anabaptists Levellers and their Factors especially John Canne and the rest of the Compilers Publishers Abetters of the Pamphlet intituled Lieutenam Colonel Lilburn tryed and cast and other forementioned publications who proâ—esâ—edly set themselves by words writing Counsels and overt Acts to subvert both our old Fundamentall and all other Laws Liberties Customes Parliaments and Government what transcendent Malefactors Traytors and Enemies they are to the publick and what Capitall punishments they may thereby incurre as well as demerit should they be legally prosecuted for the same and thereupon to advise them timely to repent of and desist from such high Treasonable Attempts 5. To clear both my self and this my seasonable Defence of our Fundamentall Lawes Liberties Government from the least suspition or shadow of Faction Sedition Treason and Enmity to the publick peace weal settlement of the Nation which those and those only who are most Factions and sediditious and the greatest Enemies Traytors to the publick tranquility weal and establishment of our Kingdome as the premises evidence will be ready maliciously to asperse both me and it with as they have done some other of my writings of this nature with all which they must first brand Mr. St. John Mr. Pym the whole House of Commons the last two with all other Parliaments forecited ere they can accuse traduce or censure me who do but barely relate apply their words and judgments without malice or partiality for the whole Kingdomes benefit and security To these punctuall full Jury of Records and Parliamentary Authorities in point I could accumulat Sir Edward Cook his 3. Institutes p. 9. printed and authorised by the House of Commons speciall Order the last Parliament The severall Speeches of Mr. Hide Mr. Walker Mr. Pierpoint and Mr. Hollis July 6. 1641. at the Lords Bar in Parliament by order of the Commons House at the Impeachment of the Shipmony Judges of High Treason printed in Diurnall Ocâ—urrences and speeches in Parliament London 1641. p. 237. to 264. Mr. Samuel Browns Argument at Law before the Lords and Commons at Canterburies Attainder all manifesting their endevouring to subvert the Fundamentall Laws and government of the Nation to be HIGH TREASON with sundry other printed Authorities to prove That we have fundamental Laws Liberties Rights and a fundamentall Government likewise which ought not to be innovated violated or subverted upon any pretences whatsoever by any power or prevailing Faction But to avoid prolixity the double Jury of irrefragable and punctuall Authorities already produced being sufficient to satisfie the most obstinate Opposites formerly contradicting it I shall onely adde three swaying Authorities more wherewith I shall conclude this point The first is a very late one in a Treatise intituled A true State of the Common wealth of England Scotland and Ireland and the Dominions thereunto belonging in Reference to the late established Government by a Lord Protector and a PARLIAMENT It being the Judgement of DIVERS PERSONS who throughout these late troubles have approved themselves faithfull to the Cause and interest of God and their COUNTRY presented to the Publick for the satisfaction of others Printed at London 1654. who relating the miscarriages of the last Assembly at Westminster use these expressions of them p. 13 14 16 17 21 22. But on the contrary it so fell out in a short time that there appeared many in this Assembly of very contrary Principles to the interest aforesaid which led them violently on to attempt and promote many things the consequence whereof woulâ— have been A Subverting of the fundamentall Laws of the Land the Destruction of Property and an utter extinguishment of the Gospel In truth their Principles led them TO A PULLING DOWN ALL AND ESTABLISHING NOTHING So that instead of the expected settlement they were running out into FURTHER ANARCHY and CONFUSION As to the Laws and Civil Rights of the Nation nothing would serve them but A TOTALL ERADICATION OF THE OLD and INTRODUCTION OF A NEW and so the Good Old Laws of England the Guardians of our Lives and Fortunes established with prudence and confirmed by the experience of many Ages and Generations The Preservation whereof was a principall Ground of our late Quarrel with the King having been once abolished what could we have expected afterward but an inthroning of Arbitrary Power in the Seat of Judicature and an exposing of our Lives our Estates our Liberties and all that is dear unto us as a Sacrifice to the boundlesse Appetite of Mâ—er Will and Power c. Things being at this Passe and the House through these proceedings perfectly disjointed it was in vain to look for a settlement of this Nation from them thus constituted but on the contrary nothing else could be expected But that the Common-wealth should sink under their Hands and the great cause hitherto so happily upheld and maintained to be for ever lost through their preposterous management of these affairs wherewith they had been intrusted Whereupon they justifie their dissolution and turning them forcibly out of doores by the Souldiers with shame and infamy to prevent that destruction which thereby was coming on THE WHOLE LAND but this New Powder Treason Plot set on foot by the Jesuites and Anabaptists to destroy our Laws Liberties properties Ministers and Religion it self at one blow and that in the very Parliament House where they had been constantly defended vindicated preserved established in all former ages by all true English Parliaments The second is a The Votes of the House of Commons concerning a Paper presented to them entituled An agreement of the people for a firm and present 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 Fundamentall Government of this Kingdome Resolved c. That a Letter be sent to the Generall and those Papers inclosed together with the Vote of this House upon them And that he be desired to examine the proceedings of