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A56227 A seasonable, historical, legal vindication and chronological collection of the good old fundamental liberties, franchises, rights, laws of all English freemen ...; Seasonable, legal, historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all English freemen. Prynne, William, 1600-1669. 1654 (1654) Wing P4122; ESTC R13248 47,108 63

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of the said KING robbing slaying spoiling a great part of his faithfull People Our said Soveraign Lord the King considering the promises with many other which were more odious to remember by advice and assent of the LORDS Spirituall and Temporall and at THE REQVEST OF THE COMMONS and by authority aforesaid hath ordained and established that the said Iohn Cade shal be had named and declared a false Traytor to cur said Soveraign Lord the King and that all His Tyranny Acts Facts false Opinions shall be voyded abated adnulled destroyed and put out of remembrance 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 nor 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 mind 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 Couscience and against his royall estate and preheminence and also dishonourable and unreasonable 5. In the a 8 year of King Henry the 8. William Bell and Thomas Lacy in the County or Kent conspired with Thomas Cheyney the Hermite of the Queen of Fairies TO OVERTHROW THE LAWS AND CVSTOMS OF THE REALM for effecting whereof they with 200. more met together and concluded upon a cause or raising greater forces in Kent and the adjacent shires this was adiudged high treason and some of them executed as traytors Moreover it b was resolved by all the Judges of in the reign of Henry S. that an Insurrection against the Statute of Labourers or for the inhansing of salaries and wages was Treason a levying war against the King Because it was generally against the KINGS LAW and the Offenders tooke upon them the REFORMATION thereof which Subjects by gathering of power ought not to do 6. On a December 1. in the 21. yeer of King Henry the 8. Sir Thomas Moor Lord Chancellor of England with 14. more Lords of the Privy Councel Iohn Fitz Iames Chief Justice of England and Sir Anthony Fitzherbert one of the Judges of the Common Pleas exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinall Wolsy That he had by divers and many sundry ways and fashions committed High Treason and notable grievous offences misusing altering and subverting the order of his Graces Laws and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royall to the inestimable great hinderance dimunition and decay of the universal Wealth of this his Graces Realm The Articles are 43. in number The 20 21 26 30 35 47 42 43. contain his illegal arbitrary practices and proceedings to the subversion of the due course and order of his Graces Laws to the undoing of a great number of his loving people Whereupon they pray Please therefore your most excellent Majesty of your excellent goodness towards the Weal of this your Realm and Subjects of the same to see such order and direction upon the said Lord Cardinal as may bee to terrible example of others to beware to offend your Grace and your Lawes hereafter And that he be so provided for that he never have any power jurisdiction or authority hereafter to trouble vex or impoverish the Commonwealth of this your Realm as he hath done heretofore to the great hurt and dammage of every man almost high and low His * poysoning himself prevented his Iudgment for these his practises 7. The b Statute of 1. Marie● 12. Enacts that if 12. or more shall endeavour by force to alter any of the laws or statutes of the Kingdome the offender shall from the time therein limited be adjudged ONELY AS A FELON whereas it was Treason before but this act continuing but till the next Parliament and then expiring the offence remains Treason as before 8. In the a 39. of Queen Elizabeth divers in the County of Oxford consulted together to go from house to house in that County and from thence to London and other parts to excite them to take arms for the throwing down of inclosures throughout the Realm nothing more was prosecuted nor assemblies made yet in Easter Term 39. Elizabeth it was resolved by all the Judges of England who met about the case That this was High Treason and a levying Warre against the Queen because it was to throw down all inclosures throughout the Kingdome to which they could pretend no right and that the end of it was to overthrow the Laws and Statutes for Inclosures Whereupon BRADSHAW and BVRTON two of the principall offenders were condemned and executed at Aic●ston Hill in Oxfordshire where they intended their first meeting 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 16●0 1641 b The whole House of Commons impeached Thomas Earle of Stafford Lord Deputy of Ireland of high Treason amongst other Articles for this crime especially wherein all the other centred that he Treasonably endeavoured by his Words actions and Counsels to subvert the Fundamentall Lawes of ENGLAND and IRELAND and introduce an arbitrary and Tyrannicall Government This the whole parliament declared and adjudged to be High treason c in and by their votes and a speciall act of parliament for his attainder for which he was condemned and soon after executed on Tower Hill as a traytor to the King and Kingdome May 2● 1641. 10. The whole House of Common● the same Parliament impeached William L●●d archbishop of Canterbury of HIGH TREASON in these 〈…〉 1646. First that he hath traytorously endeavoured 〈…〉 Fundamental Lawes and Government of this Kingdome of England and instead thereof to introduce an Arbitrary and Tyrannical Government against Law And hee to that end hath wickedly and Traiterously advised his Majesty that hee might at his own will and pleasure levy and take Money of his Subjects without their consent in parliament and this hee affirmed was warrantable by the Law of God Secondly He hath for the better accomplishment of that his Trayterous design advised and procured Sermons and other Discourses to be preached printed and published in which the authority of parliaments and the force of the Laws of this Kingdome have been denyed and absolute and unlimited power over the persons and estates of his Majesties Subjects maintained and defended not onely in the King but in himself and other Bishops against the Law Thirdly he hath by Letters Messages Threats and promises and by divers other ways to Judges and other Ministers of Justice interrupted perverted and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of Justice in his Majesties Courts at Westminster and other Courts to the subversion of the LAWES of this KINGDOME whereby sundry of his Majesties Subjects have been stopt in their
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 arre●●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 Tax●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 Fortes●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. 8● 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
Taxes Customs Excises and make binding Laws which no Kings there ever did in like nature nor their Counsels in any Age * Exact Collection p. 888. a A Collection of all publick Orders Ordinances and Declarations of Parliament p. 451 452 457 458. * Yet forcibly dissolved by the Army and some now in Power against their Commissions Oaths Trusts Protestation Covenant and an Act of Parliament for their continuance who may do well to peruse this Clause See Chap. 2. Proposition 6 7. * How much more then if the Army or Army-Officers shall do it without question or exemplary punishment again and again and justifie it still in print a A Collection c. p. 504. b A Collection c. p. 877 878 879. * And is not this now proved a real experimental Truth in some of these Remonstants to their shame * And can most of th●se Remonstrants in late or present power now say this in truth or reality And must no● they be utterly ashamed confounded before God and men when they consider how they have dissembled prevaricated with God and men herein in each particular * And can the new Modellers of our Government over and over who were parties to this Declaration and then Members of the Commons House say so now or read this without blushing and self-abhorrence * Is not a superintendent power in and over the Army above and against the Parliament or People far more dangerous and likely to introduce such an Arbitrary Government in the Nation if left in the General Officers or their Councils power † Did not the imposing a strange New Engagement and sundry arbitrary Committees of Indemnity c. interrupt it in the highest degree and the misnamed High Courts of Justice and falsifie this whole clause a See the Humble Remonstrance against the Illegal Tax of Ship-money p. 1 2 3. The Case of Ship-money briefly Discussed p. 2. c. Englands Birth-right and other Treatises b Wasingham S●ow Holinshed Speed Grasten Baker an 5 R 2 John Stows Survay of London p. 89 to 103 Mr: St. Johns argument at Law at Straffords attainder 〈◊〉 a S●ow Holl●nshed Speed Graston Baker in XI 31. R 2 and 1 H 4. S●atu●es at large 11 and 21. R 2 1H 4. St Johns Speech concerning the 〈◊〉 Judges p 8 to 37 and argument at Law at Straffords attainder a Mr. St. Iohn at Law against Straffords Attainder p. 13 〈◊〉 17. * And have not others of 〈◊〉 assumed to themselve more royal power 〈◊〉 resolved to be treason by 21. E. 3. 〈…〉 Not● * To wit by C●de and his confederates for the alteration of the Laws c. a See Mr. S● Iohns argument 〈…〉 b Cooks 3 Institutes p. 9. 10. a Cooks 4 institues ch. 8. p. 89. ●● 96. * See Speed Hollinshed Grafton S●ow Antiquitates Ecclesia brit p. 378. 379. and Goodwin in hi● life time b Mr. S Iohns argument against Stra●ford a Cook 3 inst. c. 1 9 10 and M St Johns argument at Law against Strafford p. 15 16. b See the Journals of both houses and act for his attainder Mr. Pyms Declaration upon the whole matter of the Charge of High Treason against him April the 12. 1641 M● St Johos argument at Law at his attainder and Diurnal Occurrences c See the Commons and Lords Journals his printed impeachment Mr: Pyms Speech thereat Canterburies D●●m p 25 26 27 38 40 See chap. 2. Proposition 1. a See the Commons and Lords Iournals Diurnal Occurrences p. 15. 16. 19. 37 191. to 264. and M. S. Johns Speech at a conference of both Houses of Parliament concerning shipmoney and these Judges Together with the Speeches of M●Hide Mr. Walker Mr Pierpoint Mr. Denzil Hollis at their impeachments July 16. 1641. aggravating their offences in Diurnal Occurrences and Speeches See ch. 2. Proposition 1. 〈◊〉 H●d are they not so now● Nota. Nota. * Note this all whole Commons-house Opinion then * Is not this an experimental truth now * And were they ever so base cowardly slavish as now * Was ever their power violence so unlimited unbounded in all Kinds as now * Is it not most true of late and still Nota. Nota. * And others as well as he of farre inferiour place and estate * But have not our times bred men much bolder then he since this Speech was made and he executed * Since he hath many followers * Have none done so since them See chap. 2. Proposition 1. * Have not others Pioners and Jasses done the like * This is now grown a mere Paradox * What are they now of late times of publick Changes * See 27. H. 8. c. 24. 26. Magna Charta c. 12. 26. 32. H. 3. c. 1. 3 5. 9 20 3 E. 1. c. 44. 45 46. 13 E. 1. 10 12. 30 31 35 39. 44 45. 25 E 1. c. 1 2. 27 E. 1. c. 2 3. 34. E 1. c. 6. 12 E. 2. c. 6. 2 E. 3. c. 3. 14 E. 3 c. 10. 16. Rastal Justices * Was it ever so frequent a sin as now in all sorts of late Judges officers Subjects * Do none deserve as severe now * See Cooks 3. Instit. p. 146 147 and f. 133 Hollished p. 284. 215. Speeds Hystory p. 651. Stow Walsingham Daniel in 18. Ed. 1. * See Cooks 3. Instit. p. 145. * Have none of thi Name or of his functian since done the like in an higher degree * Let Custodes Legum Libertatum Angliae remember it * Let the Repater and others considr● it * This is nothing in comparison to the late Taxes or Excises imposed on the Subjects without a Parliament amounting to above 20 times as much as the Kings Shipmo●y and more frequent uncessa● and endless then it a See my Speech in Parliament p. 100. to 108. See Speeds History p. 1250 and Mr. John Vica●'s History of the Gunpowder Treason and the Arraignment of Traytors * Judges 5. 3●