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

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can the new Modellers of our Government over and over who were parties to this Declaration then Members of the Commons House say so now or read this without blushing and self-abhorrence * Is not a superintendent power in the Army over above against the Parliament or People far more dangerous likely to introduce such an arbitrary Government in the Nation if lest in the General Officers or their Councels power * Did not the imposing a strange New Engagement and sundry arbitrary Committes of Indemnity c. int●r●upt it in the highest degree and the misnamed high Courts of Justice falsifie this whole clause * Exact Collect. p. 4. 12. 34. 61. 243. 260. 321. 500. 502. * See the humble Remonstrance against the illegall Tax of Ship-money briefly discussed p. 2. c. Englands Birth righ their Treatises The Declaration of Sir Thomas Fairfax and the Army under his Command tendered to the Parliament June 14. 1647. concerning the Just and Fundamental Rights and Liberties of the Kingdome * Walsingham Stow Holinshed Speed Grasion Trussel Baker in 5 R. 2. John Stows Survey of London p. 89. to 103 Mr. St. Johns Argument at Law at Straffords Attainller p. 14. * The Statutes at large Stow Holinshed Speed Grafton Baker Trussel in 10 21 R. 2. 1 H. 4. M. St. Johns Speech concerning the Ship-mony Judges p. 28. to 37. and argument at Law at Straffords Attainder * As some of late years have done * M. St. Johns argument at Law at Straffords Attainder p. 13 14 17. * Hall Fabian Holinshed Speed Grafto● Stow Martin Baker * And have not others of late assumed to themselves more Royal power than he resolved to be Treason by 21. ● 3. Rot. Parl. Cooks 3. Institut p 9. * To wit by Cade and his Confederates for the alteration of the laws * See Mr. St. Johns argument against Strafford p. 17. Halls Chronicle and Holinshed * Cooks 3. Institutes p. 9 10. * Cooks 4. Institutes c. 8. p. 89. to 96. * See Speed Hollinshed Grafton Stow Antiquitates Ecclesiae Brit. p. 378. 379. and Godwin in his life * Mr. St. Johns Argument against Strafford p. 14 15. * Cooks 3 Instit c. 1. p. 9 10. Mr. St. Johns Argument at law against Strafford p 15 16. * See the Journals of both Houses Act for his Attainder Mr. Pyms Declaration upon the whole matter of the Charge of High Treason against him Aprill 12. 1641. Mr. St. Johns argument at law at his Attainder and Diurnal Occurrences * See the Commons and Lords Journals his printed Impeachment Mr. Pyms Speech thereat Canterburies Doom p. 25 26 27 38 40. See Chap. 2. Proposition 1. * Do not others now do it who impeached and condemnedhim in an higher degree then he * Is it not so in the New Instrument Article 1. 2 3 4 5 9 10 12 13 16 21 22 24 25 26 27 28 29 30 31 32 33 34 37 38 39 40. 42. of our New Government and those that compiled and prescribed it to the 3 kingdoms * Are there not more such matters contained in the new Instrument of Government than in these * Have not arbitrary Committees in most places done the like or worse in many cases * Have not others done the like in an higher degree * See the Commons and Lords Journals Diurnal Occurrences p. 15 16 19 37 191 to 264. and Mr. St Johns Speech at a Conference of both Houses of Parliament concerning ship money these Judges Togegether with the Speeches of Mr Hide Mr. Waller M. Pe●rpoint M Denzill Hollis at their Impeachments July 6. 1641. aggravating their offences in Diurnal Occurrences and Speeches p. 237 to 264. * Now others presume to do it without writ of consulting with the judges who condemned it in them See c. 2 Proposition 1. * Have not others been sole Judges of it and other pretended dangers since Nota. * And are they not so now * And did not some at White-Hall do so of late and now too witnesse their volumes of new Declarations Edicts Ordinances there made * Have not others taken up such Principles in their practises proceedings even against Kings Kingdomes Parliament Peers as well as private persons Nota. * Note this all the 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 against Kings kingdoms Parliaments Peers People * Is it not most true of late and still Note * See Article 2 2 3 ● 5 10 11 12 13 16 21 22 24 25 26 27 28 29 30 31 32 33 39 p. 45 46. of the Government of the Common-wealth of England c. * Doth not the Declaration of 17 March 1648 and the Instrument of the new Government do it in the highest degree * And others as well as he of far inferiour place estate * But have not our times bred men much bolder than he since this speech was made and he executed * Since he hath many followers * p. 36. * Have none done so since them See Chap. 2. Proposition 1. * Have not other Pioneers and Judasses done the like * This is grown a meer Paradon of late years in Judges souldiers others * What are they now of late times of publike Changes * See 27 H. 8. c. 24. 26. Magna Charta c. 12. 29. 52. H. 3. c. 1 3 5 9 20. 3 E. 1. c. 44 45 46. 13 E. 1. c. 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 Cookes 3. Institutes p. 146 147 and page 133. Holinshed page 284 285. Speeds History page 651. Stow Walsingham Daniel in 18 E. 1. * See Cooks 3. Instit p. 145. * Have none of this name or of this Function since done as bad or worse in an higher degree * Let Custodes Legum Libertatum Angliae and those now called Judges remember it * Let the Reporter and others now consider it * 1 Eliz. c. 1 3 Jac. c. 4. 7 Jac. c. 6. * This is nothing incomparison to the late Taxes Ship mony Excises imposed on the subjects without a Parliament amounting to above 20 times as much as the Kings Ship mony and more frequent uncessant and endlesse then it * Are we now beholding to it for any thing against the onely new Law of the longest sword Which takes imposeth what when and how much it pleaseth without accompt or dispute from all sorts and degrees of Persons and that by those who were commissioned trusted engaged by Oaths Protestations Vows League and Covenant to preserve our
substance whereof I have here set before their eyes in ten brief Propositions and by Records Statutes Presidents Histories Contests Resolutions in all ages undauntedly as their Common Advocate asserted fortified to my power for their Encouragement and president in this publick work And if they will now but couragiously second me herein with their joyn● bold rightfull Claims Votes Declarations and Resolut● Demands of all and every of their enjoyments and future inviolable Establishments with strenuous Oppositions of all illegal perpetual Imposts Excises Contributions Payments the chief nerves and cords to keep them still in bondage by Mercinary Forces supported only by them to keep them still in slavery according to their Oaths Vows Protestations Duties manifold late Declarations Remonstrances Solemn League Covenant and the encouraging memorable Presidents of their Ancestors in former ages here recorded I dare assure them by Gods blessing a desired good-Success whereof their Ancestors never failed no mortal Powers nor Armies whatsoever having either Impudency or Ability enough to deny detain them from them if they will but generally unanimously couragiously importunately claim and demand them as their Birth-rights But if they will still basely disown betray and cowardly desert both them and their Assertors and leave them to a single combate with their combined Jesuitical enemies whom none take care to discover suppress or banish out of our Realms where they now swarm more than ever and Armed Invaders the Fate of our old English Britons when they improvidently neglected to unite their Counsels Forces against and fought only singly with the invading united Armies of the Romans is like to be Englands condition now Dum pugnant singuli vincunntur universi the single Champions of our Liberties Laws Rights will be easily over-powered destroyed for the present and all others by their unworthy Treachery and Baseness in not adhering to but abandoning their present Patrons discouraged disabled to propugne regain them for the future and the whole Kingdom vanquished yea enslaved for eternity in all humane probability to those who have broken your former yokes of wood but instead thereof have made for and put upon you yokes of Iron and by the Jesuites Machiavilian Plots and Policies will reduce you by degrees under a meer Papal yoke at last having deeply leavened many in power and arms with their forementioned most desperate Jesuitical Positions Practises and Politicks which will soon usher in the whole body of Popery and all damnable Heresies whatsoever by degrees to the ruine of our Religion as well as Laws and Liberties Wherefore seeing it neither is nor can be reputed Treason Felony Sedition Faction nor any Crime at all but a commendable bounden Duty to which our Protestations Oaths Leagues Covenants Reason Law Conscience our own private and the publick Interest Safety of the Nation engage us for all and every Freeborn Englishman joyntly and severally to claim maintain preserve by all just honourable publick and private wayes they may their unquestionable Hereditary Birth-rights Laws Liberties Parliamentary Priviledges c. here asserted and presented to them after so much Blood Treasure Labour spent to rescue them out of the hands of old and late oppressing Tyrants nor any Offence at all but a praise-worthy service now in me or any other publickly to encourage them to this duty and the strenuous defence of our endangered undermined Protestant Religion subverted with our Laws Liberties and living or dying together with them at this present season as I have done heretofore upon all occasions And seeing none can justly censure them or me for discharging our Oathes Consciences Covenants Protestations Duties in this kinde but such as shall thereby declare themselves Publick Enemies and Trayters to the whole Nation Laws Government Parliaments of England as the Resolutions Presidents herein cited yea their own best friends and our Reformed Religion too have already adjudged them And seeing Sir Thomas Fairfax and the General Councel of his Army held at Putney Sept. 9. 1647. in their Declararation concerning THE FVNDAMENTAL AVTHORITY GOVERNMENT OF THE KINGDON printed by their appointment in these words Whereas a Member of the General Councel of this ARMY hath publikely declared and expressed himself THAT THERE IS NO VISIBLE AUTHORITY IN THE KINGDOM BVT THE POWER FORCE OF THE SWORD as others of them say since and now both by words and deeds without controll We therefore the said GENERAL COUNCEL to testifie How FARRE OUR HEARTS MINDS ARE FROM ANY DESIGN OF SETTING UP THE POWER OF THE SWORD ABOVE OR AGAINST THE FUNDAMENTAL AUTHORITY GOVERNMENT OF THE KINGDOM OUR READINESSE TO MAINTAIN AND UPHOLD THE SAID AUTHORITY have by a Free Vo●e in the said Councel no man contradicting judged the said Member TO BE EXPELLED THE SAID COUNCEL Which we hereby thought fit to publish as A CLEAR MANIFESTATION OF OUR DISLIKE DISAVOWING SVCH PRINCIPLES OR PRACTISES which notwithstanding they have since avowed pursued in the highest degree and I desire them now to repent of reform and really make good have engaged to maintain and propugne with their Swords what I here endeavour to defend support with my Pen. And seeing they intituled their Printed Papers A Declaration of the Engagements Remonstrances Reprèsentations Proposals Desires and Resolutions from his Excellency Sir Tho Fairfax and THE GENERAL COVNCEL OF THE ARMY for setling OF HIS MAJESTY IN HIS JVST RIGHTS The PARLIAMENT in their JVST PRIVILEGES and the SVBJECTS in their LIBERTIES FREEDOMS Also Representations of THE GRIEVANCES OF THE KINGDOM REMEDIES PROPOVNDED for REMOVING THE PRESENT PRESSVRES WHEREBY THE SVBJECTS ARE BVRDENED and EXCISES TAXES amongst the rest And the Resolutions of the Army For the establishment of a firm lasting peace IN CHVRCH KINGDOM printed by their own and the Lords House special Or●er London 1647 the self-same things I here contend plead for which I wish they would now really make good by their future consultations and actions to avoid the just censures of meer Hypocrites and Impostors as the whole World will else repute them I shall therefore exhort not only the whole Army Army-Officers and their General Councel but likewise the whole English Nation and all real Lovers of their own or their Countries Liberties Peace Laws Ease Safety Religion and future establishment in this common Cause in the words of the Philistines one to another in a time of need when they were greatly affraid 1 Sam. 4. 9. Be strong and quit your selves like men O ye Philistines that ye be not servante to the Hebrews as they have been to you● quit your selves like men fight c. That so as the Apostle writes in the like case Phil. 1. 27 28. Whether I come and see you or be absent from you I may hear of your affairs that ye stand fast in one spirit with one mind striving together for the faith of the Gospel and the ancient Fundamental Laws Liberties Rights Priviledges Parliaments
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
frequently universally invaded assaulted undermined by our Kings and their evil Instruments heretofore and others since and thereupon more strenuously frequently vigilantly maintained fenced regained retained by our Nobles Parliaments and the people in all Ages till of late years than any or all of the rest put together though every of them hath been constantly defended maintained when impugned or incroached upon by our Ancestors and our selves 1 That no Tax Tallage Aid Subsidy Custom Contribution Loan Imposition Excise or other Assesment whatsoever for defence of the Realm by Land or Sea or any other publick ordinary or extraordinary occasion may or ought bee imposed or leavied upon all or any of the Freemen of England by reason of any pretended or real Danger Necessity or other pretext by the Kings of England or any other Powers but only with and by their common consent and grant in a free and lawful English Parliament duly summoned and elected except only such antient legal Ayds as they are specially obliged to render by their Tenures Charters Contracts and the common Law of England 2 That no Free-man of England ought to bee arrested confined imprisoned or in any private Castles or remote unusual Prisons under Souldiers or other Guardians but only in usual or Common Gaols under sworn responsible Goalers in the County where he lives or is apprehended and where his friends may freely visit and releeve him with necessaries And that only for some just and legal Cause expressed in the Writ Warrant or Process by which he is arrested or imprisoned which ought to be legally executed by known legal responsible sworn Officers of Justice not unknown Military Officers Troopers or other illegal Catchpolls That no such Free-man ought to bee denied Bail Mainprise or the benefit of an Habe as Corpus or any other Legal Writ for his enlargement when Bailable or Mainprizable by Law nor to be detained Prisoner for any real or pretended Crime not bailable by Law longer than until the next general or special Gaol-delivery held in the County where he is imprisoned when and where he ought to be legally tried and proceeded against or else enlarged by the Justices without denial or delay of Right and Justice And that no such Free-man may or ought to be out-lawed exiled condemned to any kinde of Corporal punishment loss of Life or Member or otherwise destroyed or passed upon but only by due and lawful Process Indictment and the lawful Trial Verdict and Judgement of his Peers according to the good old Law of the Land in some usual Court of publick Justice not by and in new illegal Military or other Arbitrary Judicatories Committees or Courts of High Justice unknown to our Ancestors 3 That the ordinary standing Militia Force and Arms of the Kingdom ought to reside in the Nobility Gentry Freeholders and Trained Bands of the Kingdom not in Mercenary Officers and Souldiers receiving pay and Contributions from the people more apt to oppress inslave betray than protect their Laws Liberties and to protract than end their Warres and Taxes That no Free-men of England unless it bee by special Grant and Act of Parliament may or ought to be compelled enforced pressed or arrayed to go forth of his own County much less out of the Realm into forreign parts against his will in times of Warre or Peace or except he be specially obliged thereto by antient Tenures and Charters save only upon the sudden coming of strange enemies into the Realm and then he is to array himself only in such sort as he is bonnd to do by the ancient Laws and Customs of the Kingdom still in force 4 That no Free-man of England may or ought to be disinherited disseised dispossessed or deprived of any Inheritance Free-hold Office Liberty Custom Franchise Chattles Goods whatsoever without his own Gift Grant or free Consent unless it be by lawful Processe Trial and Judgement of his Peers or special Grant by Act of Parliament nor to be denied or delayed common Right or Justice in any case 5 That the old received Government Laws Statutes Customs Priviledges Courts of Justice legal Processe of the Kingdom and Crown ought not to be altered repealed suppressed in any sort nor any new form of Government Law Statute Ordinance Court of Judicatury Writ● or legal proceedings instituted or imposed on all or any of the Free-men of England by any person or persons but only in and by the Kingdoms peoples free and full precedent consent in a lawful Parliament wherein the Legislative power solely resides 6 That Parliaments ought to be duly summoned and held for the good and safety of the Kingdom every year or every three years at least or so soon as there is just occasion That the Election of all Knights Citizens and Burgesses to sit and serve in Parliament and so of all other Elective Officers ought to be free That all Members of Parliament Hereditary or Elective ought to be present and there freely to speak and vote according to their Judgements and Consciences without any over-awing Guards to terrifie them and none to be forced sequestered or secluded thence by force or fraud That all Parliaments not thus duly and freely summoned elected freely held but unduly packed without due Elections or by forcible secluding securing any of the Members or not summoning all of them to the Parliament and all Acts of Parliament fraudulently or forcibly procured by indirect means ought to be nulled repealed reputed voyd and of dangerous president 7 That neither the Kings nor any Subjects of the Kingdom of England may or ought to be summoned before any Forreign Powers or Jurisdictions whatsoever out of the Realm or within the same for any manner of Right Inheritance Thing belonging to them or Offence done by them within the Realm nor tried nor judged by them 8 That all Subjects of the Realm are obliged by Allegiance Oaths and duty to defend their lawful Kings Persons Crowns the Laws Rights and Priviledges of the Realm and of Parliament against all Usurpers Traytors Violence and Conspiracies And that no Subject of this Realm who according to his Duty and Allegiance shall serve his King in his Warres for the just defence of him and the Land against Forreign Enemies or Rebels shall lose or forfeit any thing for doing his true duty service and allegiance to him therein but utterly be discharged of all vexation trouble or losse 9 That no publick Warre by Land or Sea ought to be made or leavied with or against any Forreign Nation nor any publick Truce or League entred into with Forreign Realms or States to binde the Nation without their common advice and consent in Parliament 10 That the Kings of England or others cannot grant away alien or subject the Crown Kingdom or antient Crown Lands of England to any other without their Nobles and Kingdoms full and free consent in Parliament That the antient Honours Manors Lands Rents
Revenues Inheritances Rights and Perquisits of the Crown of England originally setled thereon for the ●ase and exemption of the people from all kind of Taxes payments whatsoever unlesse in case of extraordinary necessity and for defraying all the constant ordinary expences of the Kingdome as the expences of the Kings houshold Court Officers Judges Ambassadors Guard Garrisons Navy and the like ought not to be sold alienated given away or granted from it to the prejudice of the Crown and burdenning of the people And that all Sales Alienations Gifts or Grants thereof to the empairing of the publique 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 freqeuntly been in all former ages For the Readers fuller satisfaction in each of these propositions some of which I must in the ensuing Chapter but briefly touch for brevity sake having elsewhere fully debated them in print I shall especially recommend unto him the perusall of such Tractates and Arguments formerly published wherein each of them hath been fully discussed which hee 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 Fortescue Lord Chief Justice and Chancellor of England de Laudibus Legum Angliae dedicated by him to King Henry the 6. f. 25. c. 36. By a Learned and necessary Argument against Impositions in the Parliament of 7. Jacobi by a late reverend Judge Printed at London 1641. By Mr. William Hakewell in his Liberty of the Subject against Impositions maintained in an Argument in the Parliament of 7 Jacobi Printed at London 1641. By Judge Crooks and Judge Huttons Arguments concerning Ship-mony both Printed at London 1641. By the Case of Ship-mony briefly discussed London 1640. By M. St. Johns Argument and Speech against Ship-mony Printed at London 1641. By Sir Edward Cook in his 2 Institutes p. 46. and 57. to 64. and 528 to 537. By the first and second Remonstrance of the Lords Commons in Parliament against the Commission of Array Exact Collection p. 386. to 398. and 850. to 890. and by my own Humble Remonstrance against Ship-mony London 1643. The Fourth part of the Sovereign Power of Parliaments and Kingdomes p. 14. to 26. my Legall Vindication of the Liberties of England against Illegall Taxes c. London 1649. and by the Records and Statutes cited in the ensuing Chapter referring for the most part to the first Proposition The second third and fourth of them are largely debated and confirmed by a Conference desired by the Lords and had by a Committee of both Houses concerning the Rights and Priviledges of the Subject 3 Aprilis 4 Caroli Printed at London 1642. By Sir Edward Cook in his Institutes on Magna charta c. 29. p. 45. to 57. By the first second Remonstrance of the Lords and Commons against the Commission of Array Exact Collection p. 386. and 850. to 890. By Judge Crooks and Judge Huttons Arguments against Ship-mony By Sir Robert Cotton his Posthuma p. 222. to 269. By my Breviate of the Prelates Encroachments on the Kings Prerogative and the Subjects Liberties p. 138. my New Discovery of the Prelates Tyranny p. 137. to 183. and some of the ensuing Statutes and records ch 3. See 1 H. 4. rot Parl. n. 22 23 24 26 28 43 44 47. The Fift and Sixt of them are fully cleared vindicated in and by the Prologues of all our Councills Statutes Laws before and since the Conquest By 1. H. 4. Rot. Parl. n. 33 34 36. an excellent full president Sir Edward Cooks 4 Institutes ch 1. Mr. Cromptons Iurisdiction of Courts Title High Court of Parliament Mr. St. Johns speech against the Ship-mony Judges p. 32 33. my Plea for the Lords my Levellers levelled my Ardua Regni my Epistle before my Speech in Parliament my Memento my Sovereign Power of Parliaments and Kingdomes part 1 2 3 4. my Legal Vindication against illegal Taxes and pretended Acts of Parliament London 1649. Prynnethe Member reconciled to Prynne the Bar●ester Printed the same year My Historical Collection of the Ancient great Councils and Parliaments of England London 1649. My Truth triumphing over Falshood Antiquity over Novel●y London 1645. 3 E. 1. c. 5 4 E. 3. c. 14. 36 E. 3. c. 10. 1 H. 4. c. 3 4. 5 R. 2. Stat. 2. c. 4. Rastal tit Parliament 1 H. 4. Rot. Parl. n. 21. 22. 48. 70. 31 H. 6. c. 1. 39 H. 6. c. 1. Rot. Parl. n. 8. 17 E. 4. c. 7. expresse in point and some of the Records hereafter transcribed In this I shall be more sparing because so fully confirmed in these and other Treatises The Seventh is ratified by Sir Edward Cooks 1. Institutes p. 97 98. 4 Institutes p. 89. and 5. report Cawdries case of the Kings Ecclesiasticall Laws Rastals Abridgement of Statutes Tit Provisors Praemunire Rome and other Records and Statutes in the ensuing Chapter The Eight is verified by the Statutes quoted in the Margin to it and by other Records in the third Chapter The Ninth and Tenth are fully debated in my Soveraign Power of Parliaments and Kingdomes par 2. p. 3. to 34. part 4. p. 1. to 13. and 162. to 170. touched in Sir Robert Cottons Posthuma p. 174. 179. confirmed by sundry Presidents in the next Chapter by 1 H. 4. Rot. Parl. n 32. How all and every of these Fundamentall Liberties Rights Franchises Laws have been unparalledly violated subverted in all and every particular of late years beyond all Presidents in the worst of former ages even by their greatest pretended Propugners their own Printed Edicts Instruments Ordinances Papers together with their illegall Oppressions Taxes Excises Imposts Sequestrations Rapines Violences unjust Proceedings of all kinds will sufficiently evidence if compared with the premised Propositions Not to insist on any fore-past illegall Imposts Taxes Excises under which the nation lately groaned imposed on us by unparliamentary Junctoes or the Army Officers alone from Anno 1648 to 1653. without any real Parliament by their own armed Iurisdiction I shall here instance onyl in 3. or 4 particulars relating wholly to the First Proposition being of most generall greatest present and future concernment of all other to the whole English Nation at this very instant most intollerably oppressed grieved by them directly sweeping away all their Fundamentall Right of Property and consequentially all their Liberty of person Laws Charters at once and that in perpetuity beyond all hopes of Future redemption if not timely prevented by the Vniversality Body of the Realm or their Trustees The first of them is the present imposition and continuance of the strange oppressive monstrous general high Tax of EXCISE imposed on most native and forreign Commodities throughout England and its Dominions which as it was a meer Stranger to all our Ancestors and those now living till within these few years so it was
PREJVDICIAL TO THE REALM and VERY BVRDENSOME TO THE PEOPLE and specially TO GRANT TO THE SAID KING A SUBSIDY FOR CERTAIN YEARS TO THE OPPRESSING OF His People overmuch That although the Lands and Tenements Goods and Chattels of every Freeman by the Laws of the Realm used in all former ages past ought not to be seized unless they had forfeited Yet notwithstanding the said King purposing endeavouring to enervate these Laws in the presence of very many of the Lords and Commons of this Realm frequently said and affirmed That the Life Lands Tenements Goods and Chattles of every one of his Subjects are at his will and pleasure without any Forfeiture by the known Laws which is altogether contrary to the Laws customs of the Realm aforesaid Whether all these high Misdemeanors charged against King Richard have not been revived and acted over and over both by words and deeds in a farre higher degree than ever he was guilty of them by some late present Whitehall Grandees Army-Officers New Instrument-makers Legitors and Imposers of Excises Customs Imposts Tonnage Poundage Contributions for many years yet to come and of that constant Annual Revenue projected intended by them in their 27 Article I remit to their own judgements consciences and our whole Kingdom to resolve and what they demerit for such extravagant high offences for which he lost Crown and Regal power let others determine The 3. particular is their late incumbent Imposition of 6. Moneths new Contribution by a meer Self-enacted Whitchall Jurisdiction without any consent grant in or by the People in Parliament by that they intitle An Ordinance of the 8. of ●une 1654. beginning thus in a most imperial Stile transcending all former Acts of Parliament granting or imposing any Subsidies without any Prologue to sweeten it or court the people to its ready payment Be it Ordained and Enacted by his Highness the Lord Protector with the consent of his Council and it is hereby Ordained That towards the maintenance of the Armies and Navies of this Commonwealth An Assessement of one Hundred and Twenty Thousand Pounds per Mensem for Three Monethe commencing the 24 of Iune 1654 and ending the 29 of Sept. following shall be Taxed Levied Collected and Paid in England and Wales in such sort as is hereafter expressed The full sum of the said Three Months Assessment of One hundred and twenty thousand pounds by the Month to be at once wholly collected and paid in to the Receivers Generall at or before the tenth day of October next c. The Levying thereof upon the refusers hath been by distress of Goods by Souldiers Troopers and quartering them on the refusers till payment and double the value many times paid to and exacted by the Souldiers for their pains adjudged even by some of our New Grandees Votes who prescribe such Taxes and wayes of levying them to be No less then High Treason and levying Warre in Straffords case for which principally he was condemned and lost his head on Tower Hill as a Traytor In this New Whitehall Tax without a Parliament intended as a leading President to bind the whole Nation in perpetuity if now submitted to as the 27 Article intimates there is a double violation subversion of the Fundamental Laws and Properties of the Nation in the Highest degree The first is by the reviving imposing of Ship-mony on the whole Realm and all Inland Counties as well as Maritine for the Maintenance of the Navies by Sea which should be maintained only by the Customs and that in a farre higher proportion than the Shipmony imposed by Writs by our late beheaded King amounting to no less than Forty thousand pounds per Mensem at last by way of Contribution alone besides the Customs Tonnage Poundage and Excise paid towards it This Imposition of Shipmony by the late King though ratified with the advise and consent of his Council many colourable Presidents Records in all former ages and the precedent Resolution of all his Iudges under their hands as just and legally imposed in case of Necessity and Publike danger only without consent in Parliament together with the Iudgement and Proceedings of the Iudges in the Eschequer Chamber in justification thereof were in the last Parliament after solemne debate by the Votes and Iudgements of both Houses on the 20. Ian. and 26 February resolved Nemine contradicent● To be contrary to the Laws and Statutes of this Realm contrary to the Rights and Properties of the Subjects of this Realm contrary to former Iudgements in Parliament contrary to the great Charter and to the Petition of Right and voted to be so declared by the Iudges at the Assizes in the severall Counties the same to be entred and inrolled in the severall Counties by the Clerks of the Assises After which it was for ever damned by a special Act of Parliament to which the King himself gave his Royal assent afterwards cited and enforced by both Houses Exact Collection p. 886. 887. in the case of the Array And those Iudges who argued That the King might lawfully impose Shipmony on the Subjects without a Parliament in cases of Danger and Necessity of which they affirmed him to be the sole Iudge were by all impeached by the House of Commons of High Treason for these Opinions of theirs whereby they trayterously and wickedly endeavoured to subvert The Fundamental Laws and established Government of the Realm of England and instead thereof to set up an Arbitrary and Tyrannical Government against Law of which at large before How any present Powers or Persons then can either impose justify levy enforce it upon any Pretext of Necessity or publique Danger on the whole Nation after all these late Resolutions Iudgements Votes Impeachments and a special Act of Parliament so fresh in memory especially such who were parties to them without incurring the self-same Impeachments and guilt as these Ship-mony Iudges did or a severer Censure then they sustained let their own Conscsences and those who may on● day prove their Iudges resolve them at leasure being past my skill to doe it The 2. is By the imposing of a direct heavy Tax Tallage and Monthly contr●bution and that only for the Maintenance of such a Land Army which hath offered force unto the Members of both Houses subverted destroyed that Parliament Government Laws Libertie for whose preservation they were specially raised Commissioned engaged without yea against the Peoples assent in Parliament which no King of England with the advice and consent of his Council had ever any Right or Power to doe or audacity enough to attempt no not William the Conqueror C●nute Henry the 4th Edward the 4th or Henry the 7th who came principally by power of the Sword to their Soveraign Regall Authorities By what Justice Power Legal Right any other person or persons whatsoever who are neither rightfull Kings nor Parliaments of England in their own or others repute can either impose levy exact such
to ease the People in and of their heavy Taxes But what was the issue all their Taxes Excises and other Impositions were still continuep on them without any intermission or diminution nay advanced higher than ever to 120 thousand pounds Contribution by the Month for England besides Scotland and Ireland even whiles all these Lands and Goods were selling the Lands and Goods sold consumed without any publique Accompt yet given of the Monies or their disposall or any present ease to the oppressed people and the ordinary standing Revenues of the Realm being now by this meanes decayed dissipated and almost brought to nothing these New Projectors and Dissipators of this vast publique Revenue instead of easing by colour of this Instrument resolve to impose upon the undone long-oppressed Peoples gauled broken backs and Estates such perpetual constant annual Taxes Excises Imposts Revenues as you have heard for the Maintenance both of the Army Navy Administration of Justice and other ordinary expences of the Government which no Kings of England ever yet received or pretended to Which if any future Parliaments shall be so mad or improvident once to settle or the Kingdom not unanimously to oppugne if setled by them without a Parliament instead of easing of the People of their long insupportable Taxes now their wars are ended in all succeeding Parliaments they shall still be burthened with new extraordinary Taxes upon new pretended extraordinary occasions and Forces raised as the words of the 30 Article compared with the 27 and 29 declare as if this new constant revenue had never been setled and if our Parliaments refuse to grant them these New Projecting Tax-Masters who must dispose of all the moneys in the intervals of Parliaments will impose and levy them at their pleasure by their Supertranscendent usurped Tyrannical Power and Sword men and dispose of them as they please without a Parliament as they have already done without rendring any other publick Accompt to the people thereof than hath hitherto been given to them of all the many millions of Treasure already extorted from them of late years to no other end as appears by these Articles of our New Government but now at last to bring and keep them under perpetual endlesse Taxes of all sorts and the intollerable worse than Turkish Slavery of a perpetual domineering Mercenary Army Navy instead of long promised Liberty ease and exemption from them till they are all brought to a morsel of bread and till their private estates be utterly consumed as well as the publick Crown and Church Revenues yet remaining The lad and serious consideration of all which Premises I humbly submit to the Impartial Iudgements Consciences of our present Governours Army Officers Souldiers themselves how discrepant they are from all their former printed Deolarations Protestations Promises Vowes Engagements to the People and what they expected from them It was the Speech of the Scythian Embassadours to Alexander the Grand Conquerour of the world Nec Servire ulli possumus nec regnare desideramus Si Deus es tribuere mortalibus b●nificia debes non sua eripere sic Homo●es id qu●d es semper esse te cogita Stultum est eorum memintsse propter quae tui oblivisceris Let it be all Heroick English Freemens to our pretended Conquerors who may do well to remember that Hermolaus and other Officers and Souldiers of Alexanders own Guard conspired his destruction after all his Persian Conquests for this very reason which they justified to his face Quia non ut ingenuis imperare caepisti Sed quati in mancipia dominaris because he had begun not to raign over them as Freemen but to domineer over them like Slaves and because Revelaetions in this age may be more prevalent with some Men than Gods own Oracles or our Lawes I shall inform our Tax-imposing Governours that St. Bridget of Sweden in the 8 Book of her Revelations of the Heavenly Emperour unto Kings cap. 6 records That she had this Revelation from the Son of God That Kings and Governours ought to love the People and Commonalty of their Realms That they then shew they truly love them when they permit them to enjoy their approved Laws and Liberties when cruel Exactors and Collectors domineer not over them if they burthen them not with new Inventions of Impost Taxes and Tributes nor with grievous and unaccustomed Hospitality Permanencies or Freequarter For although for the resisting of Infidels they may humiliter petere auxilium a Populo humbly request an aid from the People and Commons of their Realms not imperiously impose it when there is a necessity yet let them beware quod necessitas illa non veniat in consuetudinem legem that the necessity comes not into a custom and law For that King or Ruler who layes not aside his unjust Exactions and Fraudulent Inventions to raise monies and oppresse his People making his reigns and Kingdoms meer robberies and rapines as most then did and n●w too let him know for certain he shall not prosper in his doings but shall lead and end his life in grief dismisse his Kingdoms in tribulations his Son and Posterity shall be in such hatred reproach and confusion that all men shall wonder thereat his Soul shall be tormented by the Devils in Hell which she manifests by the example of an unjust Tax-imposing King damned to Hell and there tormented by the Devils For that to retain the Kingdom to himself and defend it from Invasions he petended the antient Revenues of his Eschequer would not defray the Expences of the Government and Realms defence whereupon he devised certain new Inventions and fraudulent Exactions of Imposts Tributes Taxes and imposed them on his Kingdome to the dammage of the Natives and oppression of innocent Merchants and Strangers although his conscience dictated to him Quod ista erant contra Deum et omnem Iustitiam et Publicam Honestatem that these things were against God and all Iustice and Common Honesty as our forementioned Excises Imposts Taxes are now Let those who are now guilty of this sinne in the highest degree beware they incurre not the self-same temporal and infernal punishments thus threatned to and inflicted upon others And let our whole English Nation and their Trustees upon serious consideration of all the premises beware how they in any kind through fear or cowardise submit their necks or backs to the forementioned illegal Yokes and Burdens of perpetual standing Excises Imposts Contributions and Taxes to enslave themselves and their Posterities for ever to an oppressing Military New Government and perpetual Army For which end I shall only recommend unto their meditation and practise this observation and policy of our prudent Ancesters Binus actus inducit Consuetudinem that a double generall submission to and payment of such exorbitant illegal Taxes will introduce a customary future exaction and payment of them which made them always as we have greatest reason now to do
publique light p. 203 204. * Exact Coll. p. 3 4 c. * Quere whether the High Court of Justice had not its title from hence * Stew Watsons Dialogue between a secular Priest and Lay Gentleman printed at Rhemes 160● p. 95. * And is not this the cheif Reason of their late endeavoured alterations * And was not this the very principal engin lately used to alter our old Fundamental Government cut off the King and divest his Posterity of their three Kingdoms witnesse the Armies printed Declarations and the Junctoes Votes in pursuance of them Jan. 3. 1648. See Mene T●kel Percz by John Rogers * A great stickler against our Laws and a promoter of this Jesuitical designe * This he hath since this Epistle penned affirmed in a printed speech in the Painted Chamber before a greater Assembly Sep. 4. 1654 p. 16 17. * The more shame for those who suffer it * Therefore of the army and others Rulers by this clear publike confession in print * A● amongst other Eleazar and Joseph Bar Isaiah 2 cheating Impostors and Villains who bavecheated good people of some thousands of pounds The 1 of them would have for tibly ravished a maid in March last fled away in the night to avoid apprehension from Dursly in Glocestershire He confessed in his drink he was a souldier in Prince Ruperts army * 3 Jac. c. 1 2. The arraignment of traitors Speed Stow. 3. Jac. * Romes Master piece p. 8. c. 13 24. Hidden works of darknesse brought to publike light p. 189. 190. 196. 202. 211. 253 254. Exact Collection p. 12. 13. Canterburies Doom p. 453. c A Collection of Ordinances c. p. 831 832 833 851 852 858 869. d Hidden Works of Darkness c. p. 252 253 254. e See the Letter in the Appendix to my Speech in Parliament Relation of the Armies Proceedings against the Members The II. Part of the History of Independency Nota * See the Quakers unmasked 1 Eliz. c. 1. Eliz. c. 1. Jac. c. 1 2 3 7 Jac. c. 6. * My Imprisoners have lately professed to me that they knew not the cause why I was thus close imprisoned * See Causia the Jesuites Holy Court printed in Folio * T. P. the new Faux is first * See their Declarations Proposals and printed Papers 1647. 1648 1649 1652. since for that purpose * Qui tam facile receptas patrias leges cum novis aliis commutant certe legum ipsarum authoritalem debilitant atque enervant Necenim tantum legis abrogatio proderit quantum Magistratibus non obediendi mos oberit Aristotle Polit. l. 2. c. 6. ſ And since this in a Printed Speech Sept. 4 1654. * Hath not the Army done this in our three Nations See their own Chaplain Sedgewick his Justice on the Armies Remonstrance 1648. t The Monarchy of England hath been 1. In the Britons 2. in the Saxons 3. in the Danes 4. in the Normans Royal Line ' now the 5. must be elective in others v De Monarchia Hisp c. 25. See the Epistle to my Jus Patronatus x Art 1 2 12 25 32 33 41 42. * Luke 17. 21. Rom. 14. 17. 2 Pet. 1. 11. Col. 1 13. Heb. 12. 28. Rev. 12. 10. * Non abripit mortalia qui Regna dat coelestia Sedulius in hymno acrast de vita Christi Rex iste quinatus est non venit Reges pugnando superare sed moriendo mirabiliter subjugare Venit enim non ut regnet vivus sed ut triumphet occisus nec ut de aliis gentibus auro exercitum quaerat sed pro salvandis Gentibus preti●sum sanguinem fundat Hujus pueri regnum non est de hoc mundo sed per ipsum regnatar in hoc mundo Ipse est enim Sapientia Dei quae dicit in Proverbiis Per me Reges regnant Tu enim regnum nullatenus habuisses nisi ab isto puero qui nunc natus est accepisses Claudius l. 1. in Matth. y A True State c. p. 13. z See Th● 〈…〉 a See ●h●ir Alm●n●●k● in Janurary February 〈…〉 a De Monarchia Hispanica c. 25. p. 204 c. * See 25 H. 8. c. 22. 31 H. 8. c. 4. 37 H. 8. c. 17. 1. Eliz. c. 3. * De Monarchia Hisp c. 25. b De Monarchia Hispan c. 25. c Seewatsons Quodlibets p. 286. to 332. A Dialogue between a secular Priest and Lay Gentleman printed at Rhemes 1601. p. 93 94 95. d Conte de Galeazzo Gualdo Priorato Hist part 3. Venetiis 1648. p. 175 176. * Et quidem quid refert an Mulieres Iesuitae praesint an hi qui praesunt mulieribus obedient Arist Polit. l. 2. c. 7. Nota. Nota. ●ota Nota. e Quodlib 3. ar 4. p. 65. 41. Nota. f Quodlibets p. 39. 209 233 234 305 306 307 30● g Quodlibets p. 11 12 14 16 17 42 45 50 283 285 c 332 333. A Dialogue between a secular Priest a Lay Gentleman An. 1601. h Quodlibets p. 295 to 313 61 286 287 See the Right Jurisdiction of the Prelate and Prince by J. E. 1617 * See I. E. his Treatise of the Right and Jurisdiction of the Prelat Prince printed 1616. re-printed 1621 by the Jesuits i Quodlibets p. 26. k Quodlibets p. 62 69 and elsewhere l Quodlibets p. 43. 61 62 64. 16. * De Monarchia Hisp c. 32. p. 297 298. f Josh 9. 19 20. Psal 89. 34. Psal 15. 4. Heb. 6. 17 18. g When our Saviour himself was apprehended carried away prisoner and like to be crucified all his Disciples forsook him and fled and Peter denyed him with an oath Mat. 26. 56. 70. 10 75. And at Pauls first appearance before Nero no mā stood with him but all men forsook him I pray God it be not laid to their charge 2 Tim. 4. 9. 16. And so it is now with most publike sufferers * Zeph 2. 1. † Unusquisque majorem temporis sui partē in rebus privatis curandis ponit Rempublicam nihil detrimenti ex hac sua negligentia cap●re posse putat sed aliquam alium esse existimat qui Rempublicam curet ei pro setpso perspiciat Ita● cadem omnium privatorum opinionè Universam Rempublicam perdi non animadvèrtit Thucidides H●st l. 1. pag. 110. * Exact Coll. p. 492. 497. 494. * Are they not now more ready to let it go then ever have not thousands done it h Exact col p. 650. 659. 660. Nota. * Nota. * Fraudes propemodū omnes atque Injuriae ab Ambitione Ava●itia p●oficiseuntur Arist Polit. l. 2. c. 7. i See the Armies old new Declarations against the Parliam Members Their True state of the Commonwealth c. which mutato nomin● is but a direct Arraignment of themselves under the name of others k Exact col P. 652. 654. 655 c. l See their declarations in May June Iuly Aug. 1647 in
Church Religion then to follow the Advice Votes Councels Directions Commands of our Parliaments Kingdomes and the best affected Protestants of all ranks who first raised and have so long maintained them for quite other ends hereafter touched then what they of late times have most pursued to the Popes and Jesuits great content 5. That the Jesuits have endeavoured attempted the convulsion concussion subversion not onely of the Empires Realms and ancient setled Governments and States of Germany Russia Bohemia Hungaria France Poland but likewise of England Scotland and Ireland and to new model them into other Forms of Government What mould of Government they intended to cast England into is thus long since described by William Watson a secular Priest in his Quodlibets Anno 1602. page 309 310 330 331. England is the main chance of Christendome at this present by seditions factions tampering and aspiring Heads the onely But Mark White the Jesuits aym at as well in intention as execution of their pretended expedition exploit and action I am of opinion that no man on earth can tell what Government it is they intend to establish ratifie and confirm when they come to their preconceited Monarchy no not any of their Plot casters No question it is but their Government shall be as uncertain as their New conceited Monarchy their Monarchy as mutable as their Reign and their Reign as variable as the Winde or Proteus in his Complements But no question is to be made of it but that the Government they do directly intend at this present is A MOST ABSOLUTE SOVERAIGNTY DOMINION AND STATE CLEARLY EXEMPTED from any subordination TO ANY LAW or Legifer divine or humane and therefore it is rightly called DESPOTICON in the highest degree of exemplary immuni●le IMPERIALITY AND ABSOLUTE REIGN RULE AND AUTHORITY as containing in it three sorts of Government S●il Monarchical Aristocraticall Democraticall in matters of Counsell and mannaging of Common wealths causes not in point OF REGALITY HONOUR AND INHERITANCE For there shall be neither Title nor Name nor Honour given taken or done to any Prince Duke Marquesse Earl Viscount Lord Baron or the like all the Jesuitical Governours being Puritan like Seniours Elders Provincials c. neither shall there be any successions by Birth or blood TO ANY HONOUR OFFICE OR MAGISTRACY from the Monarch Pater General to the Minor P●ter Minister but ALL SHALL GO BY ELECTION OR CHOICE Whether our late and present variable floating New moulded Governments have not been cast by this long since predicted Jesuiticall Mould let wise men with all our late yea present Governours now sadly consider and determine 6. That the Jesuits in a publique Disputation held at Madrid published by them under this Title Conclusiones Politicae sub Regis Domini nostri praesidio instructed the King of Spain their Chief Protector whom they most extoll above all other Kings to promote both his universall Monarchy and their own thereby That in relation to his Empire Power was necessary which power they defined to be A faculty not onely of retaining the Kingdomes he already possessed but likewise of acquiring other mens Perswading him by this Doctrine to believe That he was therefore consecrated a Catholike King by God that he might enjoy a faculty not onely of keeping his own but also OF INVADING AND SEISING UPON OTHER MENS DOMINIONS For to retain ones own was the praise onely of a private family DE ALIENIS CERTARE REGIA LAUS EST but it was a Royall praise to fight for that which is other mens NEC REGNANDI CAUSA JUS VIOLARE CRIMEN EST DUM CAETERIS REBUS PIETAS COLATUR Neither is it a Crime to violate Law or Right to reign or gain a Crown whiles that Piety in other things shall be observed Which Jesuitical Machivilian unrighteous Doctrine though as Alphonsus Vargas a Spanish Popish Priest resolves it be diametrically contrary to the doctrine of our Lord Jesus himself instructing men that aliena obtinere non Potentis Principis SED IMPOTENTIS AC VIOLENTI PRAEDONIS EST Yet the Jesuites and their Instruments of late years have sufficiently propagated it amongst our English Grandees and Army-Saints for a most sacred Oracle as their violent invasions of other mens Realms Powers Offices Pallaces Lands Estates and Possessions of all kindes by meer armed power and might demonstrate beyond contradiction 7. That the Jesuites in their Book De Zelo S. Ignatii in Religione sua instituenda printed at Madrid p. 13 do glory Hoc Societatis proprium esse ut quotidie nov●● promat inventiones quibus homines ad Deum perducantur That this is the property of their Society that it DAILY BRINGS FORTH NEW INVENTIONS whereby men may be brought home to God that is to their Religion and Society the principle whereof they and Vargas record to be these Their perswading of men to embrace the Gospel by AN ARMY the use of ARMES Power Terrour Fire Their Exercise of Merchandize which many of them in most places in England too now use they being very great Merchants Factors and Returners of Moneys by Bils of Exchange and of all other Secular Imployments Callings in Lay-mens habits the more easily to insinuate themselves into all Countries Places Companies and Societies of men to infect seduce and discover their secrets according to this their received Maxime JESUITA EST OMNIS HOMO a Jesuit is every man that is a man of all Professions Callings Sects Religions to effect his ends Their questioning traducing oppugning censuring of all the Articles of the Apostles Creed and received Principles Doctrines of Christian Religion corrupting slighting falsifying the Scriptures themselves together with Councils Fathers Schoolmen and all other Divines but those onely of their own Order which they incomparably extoll above and prefer before all other Their venting of new Opinions Notions Revelations Expos●●ions Crochets Herefies Problems both in Divinity itself and all other Arts and Sciences in the Presse Pulpit Universities Schools And if these as Vargas assures us be their properties and new inventions to propagate the Gospel and draw men unto God which our Lord Jesus himself and his true Disciples were wholy ignorant of may we not certainly conclude that they have of late years been extraordinary busie at this their harvest work amongst us and more especially in spreading their Gospel by AN ARMY and taking upon them the use of Arms in 〈◊〉 of their Military Father Ignatius with all other secular Imployments and New Sects to draw Proselites and new separate Congregations to them throughout our Realms to destroy both our Church Discipline and Religion as well as our Civill Government and Laws 8. That as the whole House of Commons in their Remonstrance of 15. December 1641. charge the Jesuites and late Jesuited Court-Counsellors with a Malignant and pernicious designe of SUBVERTING THE FUNDAMENTAL LAWS and Principles of Government upon which the Religion and Justice of the
Kingdome are firmly established So William Watson a Secular Priest chargeth Father Parsons the English Jesuite and his Jesuited companions in their Memorial for Reformation of England when it should be reduced under the power of the Jesuites as Parsons was confident it would be though he should not live to see it written at Sevil in Spain Anno Dom. 1590. that they intended to have Magna Charta with our Common Fundamental Laws and Liberties abrogated and suppressed thus expressed by William Watson in his Quodlibets pag. 92 94 95. Father Parsons and the Jesuites in their deep Jesuitical Court of Parliament begun at Styx in Phlegeton have compiled their Acts in a compleat Volume intituled THE HIGH COVRT OF REFORMATION FOR ENGLAND And to give you a taste of their intent by that base Court of A TRIBE of TRAITORS sawcily like to Gade Jack Straw and Tom Tiler VSVRPING the AVTHORITY of both STATES ECCLESIASTICAL and TEMPORALL in all their REBELLIOVS ENTERPRICES these were principall points discussed set down and so decreed by them c. He first mentions three of them relating to Church-men Scholars and Church and Colledge-Lands which were to be put in Fee off●●s hands and they all to be reduced unto Arbitrary Pensions c. And then proceeds thus to the Fourth The fourth Statute was there made concerning the COMMON LAWS of this LAND and that consisted of this one principal point That ALL THE GREAT CHARTERS of ENGLAND MUST BE BURNT the manner of holding Lands in Fee simple Fee tail Kings service Soccage or Villanage brought into villany scogg●●y and popularity and in few the Common Law must be wholy annihillated abolished and troden down under foot and Caesars civill Imperials brought amongst us and sway for a time in their places All whatsoever England yeelds being but base barbarous and void of all sence knowledge or discretion shewed in the first Founders and Legifers and on the other side all whatsoever is or shal be brought in by these out-casts of Moses stain of Solon and refuse of Lycurgus must be reputed for metaphysical seme-divine and of more excellency than the other were Which he thus seconds Quodlibet 9. Article 2. p. 286. First it is plain that Father Parsons and his Company divide it amongst them how they list have laid a plot as being most consonant and fitting for their other Designments That the Common Laws of the Realm of England must be forsooth either abolished utterly or else bear no greater sway in the Realm than the Civil Law doth And the chief reason is for that the State of the Crown and Kingdome by the Common Laws is so strongly settled as whilest they continue the Jesuites see not how they can work their wills And on the other side in the Civil laws they think they have some shreds whereby they may patch a cloak together to cover a bloody shew of their Treasons for the present from the eys of the Vulgar people Secondly the said good Father hath set down a course how every man may shake off all authority at their pleasures as if he would become a new Anabaptist or King John of Leydon to draw all the world into Mutiny ●ebellion and Combustion And the Stratagem is how the Common people may be inveigled seduced to conceit to themselves such a liberty or prerogative as that it may be lawfull for them when they think meet to place and displace Kings and Princes as men do their Tenants at will hirelings or ordinary Servants Which Anabaptistical and abominable Doctrine proceeding from a turbul●nt tribe of Traiterous Puritan●s and other Hereticks this treacherous Jesuite would now foist into the Catholick Church as a ground of his corrupt Divinity And p. 330 332. He intends to alter and change all Laws Customs and Orders of this Noble Isle He hath prejudiced the law of Property in instituting Government Governours and Hereditary Princes to be BENEPLACITVM POPVLI and all other private possessions ad bene-placitum sui c Whether any such new deep Jesuitical Court of Parliament and high Court of Reformation for England to carry on this old Design of the Jesuites against our Laws hath been of late years sitting amongst us in or neer Westminster or elswhere in secret Counsel every week as divers intelligent Protestants have informed me and Hugh Peters reported to divers on his own knowledge being well acquainted with their Persons and practises of late years it concerns others neerer to them and more able then I to examine Sure I am a greater man by far then Hugh Peters in an Assembly of Divines and others for reconciling all dissenting parties not long since averred to them on his own knowledge That during our late innovations distractions subversions in Church State and overturning of Laws and Government the common adversary hath taken many advantages to effect his designes thereby in civill and spiritual respects That he knew very well that Emissaries of the Jesuites never came over in those swarms as they have done since these things were on foot That DIVERS GENTLEMNE CAN BEAR WITNES WITH HIM that they had a CONSISTORY AND COUNCEL ABROAD THAT RULES ALL THE AFFAIRS OF THE THINGS IN ENGLAND That they had fixed in England in the limits of most Cathedrals of which he was able to produce the PARTICULAR INSTRUMENT an Episcopal power with Archdeacons and other persons to pervert seduce and deceive the people And all this whiles we were in this sad and deplorable distracted condition Yea most certain it is that many hundreds if not some thousands of them within these few years have been sent over from Forraign Seminaries into England under the disguises of converted Jews Physitians Chyrurgions Mechanicks of all sorts Merchants Factors Travellers Souldiers and some of them particularly into the Army as appears by the late printed Examination of Ramsey the Anabaptized New-dipped Jesuite under the mask of a Jewish Convert taken at New Castle in June 1653. and by sundry severall late instances I could name To pretermit all instances of diverse particular Jesuites come over into England not only within these few years but moneths discovered by persons of credit with Sir Kenelm Digby who though the son of one of the executed old popish Gunpowder Traitors a dangerous active seducing Jesuited papist if not a professed Jesuit who in the years 1638 and 1639. conspired with the Popes Nuncio and a Conclave of Jesuites sitting in Council at London to subvert our Religion introduce a universall tolleration of the popish Religion in our kingomes new modle and shake our former established government and to poyson destroy the late King himself in case he consented not to them therein and for this very purpose both plotted raised promoted the first Wars between the Protestants of England and Scotland which he abetted all he could by his letters and secret Collections of moneys from all the Papists throughout England and elswhere who