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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

Foundations of the the vast natural Fabrick of the Earth Heavens and world it self of the Artificial Material Foundations of the Material Temple Wals City of Gods own most famous Jerusalem and of private Houses of the spirituall Foundations of the Spiritual Temple City Jerusalem and whole Church of God even Jesus Christ himself of Doctrinal Foundations and first Principles of Religion Christianity Salvation yea of the Politicall Foundations of Kingdomes Republicks Churches Governments States Which being once shaken undermined subverted razed or d●stroyed bring unavoidable ruine and desolation upon them Psal 11. 3. Psal 82. 5. Jer. 50. 15. 51. 25 26. Micah 1. 6 7 9. Even as we daily see Castles Walls Houses to fall instantly to the ground and become an heap of Confusion when their Foundations are blown up decayed or demolished Upon which consideration those publike Laws which establish fence fortifie support the Fundamental Constitutions Rights Liberties Priviledges of any Nation Kingdome Republike essentiall to their being and subsistence as a free or happy people against the Invasions underminings enchroachments of any Tyrants Vsurpers Oppressors or publike enemies are usually stiled Fundamental Laws and have ever been reputed so sacred inviolable immutable in all ages upon any pretences of necessity or publike safety that most Nations and our own English Ancestors above others have freely chosen to hazard yea lose their estates lives in their just defence against such exorbitant tyrannical Kings and other Powers who by force or policy have endeavoured to violate alter or subvert them rather than out of a Cowardice Sottishnesse Carelesnesse or want of cordial love to the Publike to suffer the least infringment repeal or alteration of them to the inthrawling of themselves or their posterities to the arbitrary wils of such domineering Tyrants and Vsurping Powers Now because after all our Old and New many years bloody costly dangerous Contests and Wars for the maintenance of our good Old Fundamental Liberties Laws ●ights Priviledges against all secret or open underminers of them I clearly behold with grief of heart that there is a strang monstrous generation of new Tyrannical State-Hereticks sprung up amongst us who are grown so desperately impudent as not only to write but publikely to assert in print in Books printed by AUTHORITY even in Capitals in every Title page That the Freemen and People of England have no such unalterable Fundamental Laws and Liberties left them by their forefathers as our Ancestours heretofore contested for both in the Field and Parliament-House with William the Conqueror Henry the first King John Henry the third Edward 1. 2. 3. Richard 2. with other Kings and Princes and our late Parliament● and Armies too with King James and King Charls That neither Magna Charta nor the Petition of Right nor the Laws for trying Malefactors by Juries of their Pears are Fundamental or unalterable but that the State Physitians or rather Mountebanks of our time who are not tied up to them but left free unto themselves may lay them quite aside either in part or whol as they see cause Yea have now attained to such a super-transcendent Authority that they may as they assert lay aside all Parliaments Parliamentary wayes appoint something else as more seasonable and proper to us and as Providence makes way for it if they see it more conducing to the safety and good of the Commonwealth that is to their own privat Interests Honors Profits Securities Designes Oppressions Rapines gilded over with this specious pretext And then peremptorily conclude That to plead for these and other fundamental laws and liberties as unalterable though the only Bulwarks Badges of our Freedome is nothing else but to enslave the Nation for by such a Principle people do not only lose their Liberty but are brought under such a kinde of Tyranny out of which AS BEING WORSE THAN THE AEGYPTIAN BONDAGE there is no hope of deliverance An absurd Tyrannical Paradox transcending any I ever yet met with in any Author stripping us naked of all our long enjoyed Laws Liberties Franchises great Charters at once tending onely to reduce and perpetually inthrall us under such an absolute AEGYPTIAN BONDAGE and Tyranny without any hope of future deliverance from it which some now endeavour to entaile on us and our posterities for ever by an Iron law and Yoke of Steel in stead of restoring to us that glorious Freedome which we have so long expected from them in vain And because I finde the generality of the Nobility Gentry Clergy Commonalty of our Nation after all their late years expensive bloody wars and Parliamentary Disputes for the defence and preservation of these our ancient Hereditary Fundamentall Charters Laws Liberties Priviledges so strangely degenerated both from themselves and their Heroick prudent Ancestors as that they are more readily inclined upon every occasion out of a base unchristian unmanly un-english fear or sottish cowardise and stupidity wittingly to desert betray surrender them al up into the hands of any invading Vs●rpers without the least Publike Claim Dissertation Defence Dspute then diligently or couragiously to cōtend or suffer for them of late they did So as that which Paul once taxed in the ●lavish besotted Corinthians 2 Epist 11. 20. may be most truly averred of our degenerated infatuated English Nation Ye suffer if a man bring you into bondage if a man de●●ur you if a man take of you if a man ex●lt himself above your Laws Liberties Franchises Parliaments Kings Nobles Properties Lives Consciences and all that is called God or warshipped if a man smite you on the face notwithstanding all their manifold late Protestations Vows Covenants Remonstrances Declaration● and Publike Engagements to the contrary And withall after diligent enquiry discovering scarce one man of Eminency or Power in the Nation nor so much as one of my degenerated temporizing Profession of the Law even when the whole body of our laws and all its Professors are violently assault●d and devoted unto suddain ruine by many lawlesse spirits who hath so much courage magnanimity honesty zeal or cordial love to his Native Country remaining in his brest as manfully to appear in publike for the strenuous necessary defence of these our Hereditary fundamentall laws liberties rights franchises though their own and every other English Freemans best inheritance and security for fear of being persecuted imprisoned close imprisoned exiled condemned destroyed as a Traytor Rebell Seditious person enemy to the Publike or disturber of the Kingdomes peace by those who are truly such I thereupon conceived I could not undertake or performe a more necessary seasonable beneficiall service for my Country and ingrate unworthy Nation who are now ashamed afraid for the most part to own visit or be seen in the company of those Gallant men much lesse to assist defend and stick close unto them in their dangers according to the sixth Article of their late Solemn League and Covenant

cloak their intentions from the people they took an Oath of all they met Quod Regi Communibus fidelitatem servarent that they should keep Allegiance and Faith to the King Commons Yea Wat Tyler demanded a Commission from the King to behead all Lawyers Escheaters and others whatsoever that were learned in the laws or communicated with the law by reason of their Office conceiving in his minde that this being brought to passe all things afterwards would be ordered according to his own and the common peoples fancy And he made his vaunt putting his hand to his own lips That before scure dayes came to an end ALL THE LAWS OF ENGLAND SHOULD PROCEED FROM HIS MOUTH Which some of late times seem to speak not only in words but deeds by their manifold new laws and Edicts repealing or contradicting our old This their resolution and attempt thus to alter and subvert the Laws and Government upon full debate in the Parliament of 5. R. 2. n. 30. 31. was declared to be High-Treason against the King and the Law for which divers of the chief Actors in this Treasonable Designe were condemned and executed as Traitors in severall places and the rest enforced to a publike submission then pardoned Let these imitators now remember this old President 2. In the Parliament of 11. R. 2. as appears by the Parliament Rols and printed Statutes at large three Privy Councellours the Archbishop of York the Duke of Ireland and the Earl of Suffolk the Bishop of Exeter the Kings Confessor five Knights six Judges whereof Sir Robert Tresylian Chief Justice was one Blake of the Kings Councel at Law Vsk and others were impeached and condemned of High Treason some of them executed as Traitors the rest banished their lands and goods forfeited and none to endeavour to procure their pardon under pain of Felony for their endeavouring to overthrow a Commission for the good of the Kingdome contrary to an Act of Parliament by force of Arms and opinions in Law delivered by these temporizing Judges and Lawyers to the King through threats and terrour at Nottingham Castle tending to subvert the Laws and Statutes of the Realm overthrow the Power Priviledges and proceedings of Parliament and betray not all the House of Lords but only some of the Lords of Parliament Which Judgement being afterwards reversed in the forced and packed Parliament of 21. R. 2. was reconfirmed in the Parliament of 1 H. 4. c. 3 4 5. and the Parliament of 21. R. 2. totally repealed and adnulled for ever and hath so continued Read Statut. at large 3. In the Parliament of 17 R. 2. n. 20. and Pas 17 R. 2. B. Regis Rot. 16. Sir Thomas Talbot was accused and found guilty of High Treason for conspiring the death of the Dukes of Glocester Lancaster and other Peers who maintained the Commission confirmed by Act of Parliament 10. R. 2 and assembling people in a warlike manner in the County of Chester for effecting of it in destruction of the estates of the Realm and the Laws of the Kingdome 4. In the 29. year of King Henry the sixth Jack Cade under a pretence to REFORM alter and abrogate some laws Purveyances and Extortions importable to the Commons whereupon he was called JOHN AMEND ALL drew a great multitude of Kentish people to Black-heath in a warlike manner to effect it In the Parliament of 29 H. 6. c. 1 this was adjudged High Treason in him and his Complices by Act of Parliament and the Parliament of 31. H. 6. c. 1. made this memorable Act against him and his Imitators in succeding ages worthy serious perusal and consideration by all who tread in his footsteps and over-act him in his Treasons Whereas the most abominable Tyrant horrible odious and errant FALSE TRAYTOR John Cade calling himself sometimes Mortimer sometime Captain of Kent which Name Fame Acts and Feats be to be removed out of the speech and minde of every faithfull Christian man perpetually falsly and traiterously purposing and imagining the perpetuall destruction of the KINGS PERSON and FINAL SVBVERSION OF THIS REALM taking upon him ROYALL POWER and gathering to him the Kings People in great number BY FALSE SVBTIL IMAGINED LANGVAGE and seditiously made a stirring Rebellion and insurrection VNDER COLOVR OF JVSTICE FOR REFORMATION OF THE LAWS OF THE SAID KING robbing slaying spoiling a great part of his faithfull people Our said Soveraign Lord the King considering the premises with many other which were more odious to remember by advice and assent of the Lords Spiritual and Temporal and at THE REQUEST OF THE COMMONS and by Authority aforesaid Hath ordained and established that the said John Cade shall be had named and declared A FALSE TRAYTOR to our said Soveraign Lord the King and that all his Tyranny Acts Feats false Opinions shall be voided abated adnulled destroyed and put out of remembrance for ever And that all Indictments and things depending thereof had and made under the power of Tyranny shall likewise be void adnulled abated repealed and holden for none and that the blood of none of them be defiled nor corrupted but by the Authority of the said Parliament clearly declared for ever And that all Indictments in time coming in like case under power of Tyranny Rebellion and stirring had shall be of no regard or effect but void in Law And all the Petitions delivered to the said King in his last Parliament holden at Westminster the sixth day of November the 29. of his Reign against his minde by him not agreed shall be taken and put in Oblivion out of Remembrance undone voided adnulled and destroyed for ever as a thing purposed against God and his Conscience and against his Royal estate and preheminence and also DISHONORABLE and UNREASONABLE 5. In the 8 year of King Henry the 8. William Bell and Thomas Lacy in the County of Kent conspired with Thomas Cheney the Hermite of the Queen of Fairies TO OVER THROW THE LAWS AND CUSTOMS OF THE REALM for effecting whereof they with 200 more met together and concluded upon a course of raising greater forces in Kent and the adjacent Shires This was judged High Treason and some of them executed as Traitors Moreover it was resolved by all the Judges of England in the reign of Henry 8. that an Insurrection against the Statute of Laborers or for the inhansing of Salaries and wages or against any Statute or to remove Councellors or to any other end pretending Reformation of their own heads was TREASON and a levying war against the King BECAVSE IT WAS GENERALLY AGAINST THE KINGS LAW and the Offenders took upon them THE REFORMATION THEREOF which Subjects by gathering of power ought not to do 6. On December 1. in the 21. year of King Henry the 8. Sr. Thomas Moore Lord Chancellour of England with fourteen more Lords of the Privy Councel John Fitz-James Chief Justice of England and Sir Anthony Fitz-Herbert Herbert

Kingdome And if it hath not been put in execution as he alledgeth this two hundred and fourty years it was not for want of LAW but that all that time had not bred a man bold enough to commit such Crimes as these which is a circumstance much aggravating his Offence and making him no lesse liable to punishment he is THE ONELY MAN that in so long a time hath ventured UPON SUCH A TREASON AS THIS Thus far Mr. John Pym in the Name and by the Order and Authority of the whole Commons House in Parliament which I wish all those who by their Words Actions Counsels and printed Publications too have traiterously endeavoured to subvert the Fundamentall Laws Liberties Government Parliaments of England and Ireland and to introduce an Arbitrary and Tyrannical Government against law as much as ever Strafford did yea far out stripped him therein even since his execution in all particulars for which he was beheaded would now seriously lay to heart and speedily reform lest they equal or exceed him in conclusion in capital punishments for the same or endlesse Hellish Torments 13. The next Authority I shall produce in point is The Speech and Declaration of Master Oliver St. John at a Conference of both Houses of Parliament concerning SHIPMONEY upon Judge Finches Impeachment of High Treason January 14. 1640. printed by the Commons Order London 1641. wherein he thus declares the sense of the Commons p. 12. c. That by the Judges opinions forecited concerning Ship-mony THE FUNDAMENTAL LAWS OF THE REALM CONCERNING OUR PROPERTIES and OUR PERSONS ARE SHAKEN whose Treasonable Offence herein he thus aggravates page 20. c. The Judges as is declared in the Parliament of 11 R. 2. are the Executors of the Statutes and of the Judgments and Ordinances of Parliament They have made themselves the EXECUTIONERS OF THEM they have indeavoured the DESTRUCTION OF THE FUNDAMENTALS OF OUR LAWS and LIBERTIES Holland in the Low Countries lies under the Sea the superfices of the Land is lower than the superficies of the Sea It is Capitall therefore for any man to cut the Banks because they defend the Country Besides our own even Forraign Authours as Comines observes That the Statute DE TALLAGIO and the other Old Laws are the Sea Wals and Banks which keep the Commons from the inundation of the Prerogative These Pioners have not onely undermined these banks but have levelled them even with the ground If one that was known to be Hostis Patriae had done this though the Dammage be the same yet the Guilt is lesse but the Conservatores Riparum the Overseers intrusted with the Defence of these Banks for them to destroy them the breach of Trust aggravates nay alters the nature of the offence Breach of Trust though in a private Person and in the least things is odious amongst all men much more in a publike Person in things of great and publike concernment because GREAT TRUST BINDES THE PARTY TRUSTED TO GREATEST CARE AND FIDELITY It is TREASON in the Constable of Dover Castle to deliver the Keys to the known enemies of the Kingdome Whereas if the House-keeper of a private person deliver possession to his Adversary it is a crime scarce punishable by Law The Judges under his Majesty are the Persons trusted with the Laws and in them with the Lives Liberties and Estates of the whole Kingdome This Trust of all we have is primarily from his Majesty and from him delegated to the Judges His Majesty at his Coronation is bound by his Oath TO EXECUTE JUSTICE TO HIS PEOPLE ACCORDING TO THE LAWES thereby to assure the People of the faithfull performance of his GREAT TRUST His Majesty again as he trusts the Judges with the performance of this part of his Oath so doth he likewise exact another Oath of them for their due execution of Justice to the people according to the Laws hereby the Judges stand intrusted with this part of his Majesties Oath If therefore the Judges shall doe wittingly against the Law they doe not onely break their own Oaths and therein the Common Faith and Trust of the whole Kingdome but do as much as in them lies asperse blemish the sacred Person of his Majesty with the odious and hatefull sin of Perjury My Lords the hainousnesse of this offence is most legible in the severe punishment which former Ages have inflicted upon those Judges who have broken any part of their Oaths wittingly though in things not so dangerous to the Subject as in the case in question Sir Thomas Wayland Chief Justice of the Common Pleas 17. E. 1. was attainted of Felony for taking Bribes and his Lands and Goods forfeited as appears in the Pleas of Parliament 18 E. 1. and he was banished the Kingdome as unworthy to live in the State against which he had so much offended Sir William Thorpe Chief Justice of the Kings Bench in Edward the thirds time having of five persons received five severall Bribes which in all amounted to one hundred pounds was for this alone adjudged to be hanged and all his Goods and Lands forfeited The reason of the Judgment is entered in the Roll in these words Quia praedictus Willielmus Thorp qui Sacramentum Domini Regis erga populum suum habuit ad custodiendum fregit malitiose falsò rebelliter quantum in ipso fuit There is a notable Declaration in that Judgement that this judgement was not to be drawn into example against any other Officers who should break their Oaths but onely against those qui praedictum Sacramentum fecerunt fregerunt habent Leges Angliae ad custodiendum That is onely to the Judges Oaths who have the Laws intrusted unto them This Judgment was given 24 E. 3. The next year in Parliament 25 E. 3. Numb 10. it was debated in Parliament whether this Judgement was legall Et nullo contradicente it was declared TO BE JUST AND ACCORDING TO THE LAW and the same Judgement may be given in time to come upon the like occasion This case is in point That it is death for any JVDGE wittingly to break his OATH in any part of it This OATH of THORP is entred in the Roll and the same Verbatim with the Judges OATH in 18 Edw. 3. and is the same which the Judges now take And let those who have taken the same Oath with the OATHES OF SUPREMACY and ALLEGIANCE too remember and apply this PRESIDENT lest others do it for them Your Lordships will give me leave to observe the differences between that and the case in question 1. That of Thorp was onely a selling of the Law by Retaile to these five persons for he had five severall Bribes of these five persons the Passage of the Law to the rest of the Subjects for ought appears was free and open But these Opinions are a conveyance of the Law by whole sale and that not

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