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A87610 A plea for free-mens liberties: or The monopoly of the Eastland marchants anatomized by divers arguments (wch will also serve to set forth the unjustnesse of the marchant-adventurers monopoly,) and proved illegall, unnaturall, irrationall, against the honour of the nation, tending to its ruine and vassalage, procured by evill counsellors: and lastly treasonable: with a short comment upon their oath, worthy of every mans serious perusall. / Penned for the publique good, by Thomas Johnson marchant. Johnson, Thomas, marchant. 1646 (1646) Wing J850; Thomason E319_1; ESTC R200551 9,229 7

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from any our Dominions through the Sound into the Realmes Kingdoms Dominions Dukedome Countries Cities and Towns of Norway Swethia Poland and the territories of the same Kingdoms as also into Letto and Liefland under the dominion of the King of Poall Prussia and also Pomerland from the river of Odera Eastward and also Ry and Kevil in Liesland aforesaid Kingsbrough Elbinge Brownsbrough and Dansick in Brusia Copenhiven and Elsenore in Dansk except the Nerve and the territories thereof belongings as also into the Iland of Finland Goteland Eweland and Berntholme within the Sound aforesaid by one consent are willing to gather congregate and assemble your selves into one followship and to be one body incorporate and politique in deed and in name we considering that your purposes in this behalf are very laudable do therefore not onely approve and fansie the same but will you to persevere in your good minds and purposes to the establishment and perfection thereof and earnestly desiring that our marchants and their successors haunting the said Kingdoms Dominions Countries Cities and Townes before mentioned or any of them for marchandize in and through the Sound of the Kingdom of Denmark except before excepted may from hence forth profit and increase as prosperously a● any marchants of this Land have aforetime increased and prohibited do grant for us our heirs and successors that from hence forth there be and shall be of the said Fellowship one Governour and one Deputy or Deputies and foure and twenty assistance of the said fellowship and that they or the major part of them may make statutes Lawes and ordinances and that the aforesaid Governour or Deputie or Deputies and their successors or the major part of them as is aforesaid then present as often as need shall bee the said Statutes Laws and ordinances shall and may execute and put in execution aswell within our Realme of England as within the said Realmes Dominions Cities and Countries and every of them and for that divers persons our subjects being not brought up in marchandize through their ignorance and lack of knowledge commit many inconveniency we willing to resist and prevent them and intending to further the expert merchant in their lawfull and honest trade will and by our Regall Authority we Command and also prohibite and forbid by these presents that no subject of us our heirs or successors which is not nor shall bee by force of these presents made free of the said Felloship shall by any manner of meanes at any time hereafter inter meddle in the trade of Marchandize or by any meanes buy and sell or use any traffique into the said parts of Eastland and Countries aforesaid or any of them except before excepted upon pain to incur our indignation as also to pay such fines and emercements and to suffer imprisonment and such other paines due to the Transgressors of the said sttatutes ordinances and constitutions of the said Fellowship or to the said Governour or his Deputy and assistants aforesaid shall seeme meete and convenient any Law Statute Custome or Ordinance to the contrary thereof many other things notwithstanding c. And do further by these presents inhibit and forbid all and every our subjects and the subjects of us our heires and successors not being licenced and authorized by vertue of those presents to traffique in and to the said Countries Kingdoms Towns and places before recited or use any manner of trade in and to them contrary to the tenor of these presents upon pain to incurre the displeasure of us our heires and successors and to be fined payned and imprisoned according to the severall discretions and laws of the officers of the said former severall Companies and their successors witnesse our self at Westminster the 17. of August in the 21. year of our Raigne I no sooner made a surveyal of this cruel engine what intollerable breaches inrodes it hath continually made upon us but was cast into a sudden admiration that so free a people as England should suffer themselves so violently to be grownd to powder which I shall illustrate to be treasonable in the practisers of it by these positions 1. If to surrender a Castle by the Captain of that Castle through fear and cowardize and not from any compliance with the enemy be treason as was adjudged in the Parliament 1. Rich. 2. then is this a treasonable patent for besides the place there is onely a losse of the adjacent parts but by this patent our lawes liberties nay our very lives in pursuance of both the former are subjected to will and tyranny he that walks in the exercise of freedom according to law is subject to their counter commands and to be fined payned and imprisoned and to suffer such other punishments as to them shall seem meet and convenient If to kill a judg upon the bench be treason because of malice not to the person but to the law then is this a treasonable patent here is not onely a malice to the law but a most butcherly weapon killing and destroying of it these 2. cannot dwell together for the life of the patent so far as it extends is the death of the law which stops its free course for the benefit of the people and makes it meerly a dead letter a carkas without a soul a power being given to Mr. Governour and his companions to make laws statutes and ordinances which power is more and far greater then belongs to the chief magistrate to give or can legally or justly be exercised by any but the Parliament and therefore not to be received by any person or persons whatsoever and certainly those laws and all that government derived from Queen Elizabeths broad seal commission are according to the lusts of these men being extrajuditiall in that they are above the sphaere of the law 2. Contrary to the law if the endeavouring the subversion of the ancient fundamentall lawes and government of this Kingdom and to introduce an arbitrary and tyrannical government be treason as was adjudged in the case of the Earle of Strafford and in the case of Sir Robert Berkley by the first article of impeachment by the House of Commons Iuly 6. 1641. then is this a treasonable patent for here is not onely an indevour but an actuall surrender of both law and government which have made England a free people and what more ancient or fundamental then those laws which gratify the Commons and by which they injoy their very lives here is an arbitrary government introduced put into the hands of those whom the subject doth not own to have any right of power and rule and that in so high a nature as can be no lesse then monarchicall for what can a monarchicall power be but to make lawes and to punish the transgressors according to those lawes by confiscation of goods imprisonment or taking away the life of the vassals all which they may doe by their patent and certainly this company of Marchants