reproach too vile but that we shall willingly goe through the one and undergoe the other That we and the WHOLE KINGDOME MAY ENJOY THAT HAPPINESSE which we cannot in an ordinary way of providence expect FROM ANY OTHER FOUNTAIN OR STREAM than those from whence were the poison of evil Councels once removed from about them no doubt but we and THE WHOLE KINGDOME SHOULD BE SATISFIED MOST ABUNDANTLY And on the contrary have they not fully and actually verified in respect of themselves and their Confederates in the Houses this Odious aspersion then only in prediction cast by the KING on the PARLIAMENT but by them at that time renounced with greatest detestation and drawn those sad consequences on the whole Kingdom wherewith both HOUSES conclude that Declaration in these words 7. That the Representative Body of the whole Kingdom since dissolved by the Army is a Faction of Malignant Schismatical ambitious Persons whose DESION IS AND ALWAYES HATH BEEN TO ALTER THE WHOLE FRAME OF GOVERNMENT BOTH OF CHURCH AND STATE AND TO SUBJECT BOTH KING AND PEOPLE TO THEIR OWN LAWLESSE ARBITRARY POWER AND GOVERNMENT and that they DESIGN THE RUINE OF HIS MAJESTIES PERSON and OF MONARCHY IT SELF and consequently that they are TRAITORS and all the Kingdome with them for their act is the act of the whole Kingdome And whether their punishment and ruine may not also INVOLVE THE WHOLE KINGDOM IN CONCLUSION AND REDUCE IT INTO THE CONDITION OF A CONQUERED NATION as some ARMY OFFICERS SOULDIERS openly averre we are now reduced to by and under them NO MAN CAN TELL BUT EXPERIENCE SHEWETH US and now we find it most true in the ARMY-OFFICERS COVNCELL SOVLDIERS THAT SVCCESSE OFTEN DRAWS MEN NOT ONELY BEYOND THEIR PROFESSION but also many times beyond their first intentions Surely as the Armies and their Confederates late proceedings in relation to themselves though not unto the forced dismembred dissolved Parliament and secured Members have fully verified this charge in every particular then reputed most false and scandalous which I thus press upon their consciences at this time and so largely insist on not to defame or asperse them to the world as many others do who apply that black Character of Ier. 9. 2. to 6. c. 12. 6. Rev. 3. 10. to 19. They are all an ASSEMBLY OF TREACHEROVS MEN Thine habitation is in the MIDST OF DECEIT c. Destruction and Misery are in their wayes and the way of Peace they have not known there is no fear of God before their eyes unto them in a more eminent manner as being really verified by their unparalleld exorbitances formentioned but to vindicate the Innocency Integrity of the Majority and secluded Members of both Houses against the scandalous printed aspersions of Militiere and other Papists to preserve and justifie the Honour of our Reformed Religion and of the most zealous Professors thereof to restore re-establish if possible the Priviledges the Freedom of all Future Parliaments much impaired endangered by their heady violent Proceedings and most pernicious Presidents to Posterity if not publikely abominated exploded by them or exemplarily punished to deterr all others from their future imitation to convince them by what Jesuitical Popish old Court-Principles Counsels Practises they have hitherto been misguided and to reclaim them as much as in me lieth for the future from the like destructive Practises for the publick Safety Peace Settlement of our distracted Kingdoms and do most earnestly beseech them as they are English-men Souldiers Christians seriously to repent of and lay to heart lest they perish eternally for them at last as likewise to take heed lest by teaching and instigating the Common Souldiers of the Army to suppresse oppresse betray the Parliament Kingdom People who raised payed and entrusted them only for their safeguard and defence they do not thereby instruct and encourage them at last to betray and destroy themselves it being a true observation of Seneca the Philosopher Aliquando Tyrannorum praefidia in ipsos consurrexerunt PERFIDIAMQVE ET IMPIETATEM ET FERITAREM ET QVICQVID AB ILLIS DIDICERANT IN IPSOS EXECRERVNT Quid enim potest ab eo quisquam sperare QVEM MALVM ESSE DOCVIT Non diu paret nequitia nec quantum jubetur peccat as we have seen by many late presidents So the Army-Officers Souldiers Great Successes in all their Wars Designs and forcible ill Proceedings against the King Parliament Kingdom Government Laws and Liberties as it hath caused them not only beyond their Professions but also beyond their first Intentions Commissions Protestations to forget that Gospel-precept given to Souldiers Luke 3. 14. to advance themselves to a more absolute Soveraign arbitrary Power over them than ever any Kings of England claimed or pretended to as their late Proceedings Remonstrances and transcendent Instrument of the Government of the three Kingdoms manifest so it hath been the principal Ground whereby they have justified all their unpresidented forementioned Exorbitances as lawfull commendable Christian and that which hath struck such a stupifying pannick fear such a stupendious cowardize baseness sottâ—shness into the Generality of the Nobility Gentry Ministery and Commons of our late most heroick English Naton that there is scarce a man to be found throughout the Realm of any Eminency though we should seek after him like Diogenes with a Candle that dares freely open his mouth against their most irregular illegal violent destructive arbitrary Proceedings Usurpations Innovations Oppressions Taxes Projects to the shaking and utter subverting of our ancient Fundamental Laws Liberties Rights Properties Parliaments Parliamentary priviledges Government and taking away of the very Lives of some and thereby endangering the Lives of all other English Freemen of all Degrees in mischristened High Courts of Justice Such a strange Charm is there in Success alone to metamorphise Men into meer temporising slavish sordid sotts and beasts yea to cause not only persons truly honourable but the very Devil himself and the worst of beasts to be wondred after applauded adored not only as Saints but Gods We read Rev. 13. of a Monstrous deformed BEAST to whom the Dragon the Devil gave his Power Seat and Great Authority whereupon all the world wondred after the Beast and worshipped not onely the Dragon that gave him power but the Beast likewise saying Who is like unto the Beast WHO IS ABLE TO MAKE WAR WITH HIM And there was given unto him a Mouth speaking Great things and blasphemies and power was given him to continue and make war forty and two months And power was given unto him to make war with the SAINTS AND TO OVERCOME THEM and power was given him over all Kindreds and Tongues and Nations And HEREVPON IT FOLLOWS all that dwell upon the earth shall worship him whose names are not written in the Lambs Book of Life And another Beast under him caused the earth and all that dwell therein to set up the Image of this Beast and to worship it and he
who have suffered acted and stood up most for their Common Liberties Rights Freedoms Religion against all invading Tyrantâ— to their great discouragement and betraying not pitch upon any Subject more proper for me either as a common Lawyer or as a constant Advocate and Sufferer for the publike Cause and Liberties of the Nation as well under our late extravagant Free State as former Regal and Episcopal arbitrary Tyranny than in this juncture of our publike affairs to present our whole distracted unsetled Kingdome with A Legal and Historical Vindication and Chronological Collection in all ages of these Ancient Hereditary liberties Franchises Rights and all those National Parliamentall legal and Martial Contests Laws Charters Records Monuments of former and late times for their Confirmation and inviolable observation which our Ancestors and our selves have alwaies hitherto reputed Fundamental unalterable and inviolable upon any pretext and have most eagerly contended for with the Prodigal expence of many millions of treasure and whole Oceans of gallant Christian English blood And if upon the serious perusall of them the universality of our degenerated Nation after their many solemn Protestations Vows Leagues Covenants Remonstrances inviolably to defend and maintain them shall still so undervalue them now at last as most actually have done as not to esteem them worth the owning maintaining vindicating or perpetuating any longer thereby draw upon their heads the reall guilt of all those bloody Wars Murders Tumults Violences Rapines Oppressions Sins Mischiefs illegal Taxes Excises Exorbitancies which their many late years pretended necessary defence and preservation have brought upon our three whol Nations let them henceforth like so many dastardly conquered bondslaves bored through the ears publikely disavow disclaim renounce abjure them for themselves and their posterities for ever as meer worthlesse toyes or pernicious inventions fit onely to kindle perpetual wars and discords between King and People head and members superiours and inferiours or as poor slender Cobwebs as now they prove able to hold none within compasse but the very weakest Flies broken thorow with ease and impunity by every greater Fly or armed Waspe creeping up into any Power or Supream Authority by right or wrong and swept down to the very ground by every new Broom in the hand of vpstart Innovators But if upon saddest deliberation they shall really estimate them to be such incompatable rich precious Jewels and ancient Inheritances as are every way worth the infinite Treasures Wars Blood Cares Consultations Troubles heretofore and of late years expended both to gain retain confirm and perpetuate them to them and their Posterities for ever as their principal earthly security and beatitude I hope they will all then unanimously conclude with the Poet Non minor est virtus quà m quaerere PARTA TVERI And both by their Votes and Actions return the self-same peremptory magnanimous answer to any Caesar Conqueror Potentate power or Combination of men whatsoever who shall endeavour by force fraud or flattery to compell or perswade them to sell resign betray or give up these their Ancestrall Priviledges Inheritances Birth-rights to them as Naboth once did to King Ahab 1 Kings 21. 3. The Lord forbid it us that we should give sell or betray the INHERITANCE OF OVR FATHERS and our Posterities likewise unto thee or you though they should suffer for this Answer and Refusall as much as Naboth did from bloody Ahab and Jezebel But whatever low price or estimate this spurious stupid sordid slavish age may set upon these richest Pearls yet for my own particular upon serious consideration of these Chronological Collections and the Solemn Oaths Protestations Vows League and Covenant obliging me to defend them to the uttermost I value the whole Nations publike and my own with my cordial friends private interest in them at so high a rate that I would rather chearfully part with ten thousand lives and all the treasures of the Nation Indies were I owner of them then wittingly negligently or unworthily sell betray or resign them up to any mortals or powers whatsoever upon any pretences or Conditions after all my former Publications Contests Sufferings Losses c. for their just defence And to the end al others might now take special notice of the inestimable value our Ancestors in all ages have set upon them and what successive wars conflicts they have chearfully undertaken for their preservation I have at vacant hours compiled this ensuing Vindication and Collection of the old Fundamental liberties franchises laws of all English freemen which I shall bequeath to my most beloved Native Country in general and every reall Heroick Patron of them in particular as the best Legacy I can leave behinde me both for their present and future Enfranchisment Immunity security from all Arbitrary Tyranny Slavery and yokes of Bondage under which they have a long time languished and lamented in the bitterness of their spirits The Method I resolve herein to pursue is this 1. I shall produce some punctuall Authorities of moment to evidence That the Kingdome and Freemen of England have some ancient Hereditary just Rights Liberties Priviledges Franchises Laws and Customs properly called FVNDAMENTAL and likewise a Fundamental Government no wayes to be altered undermined subverted directly or indirectly to the publique prejudice under pain of highest Treason in those who shall attempt it especially by fraud force or armed power 2. I shall in brief Propositions present you with the chiefest and most considerable of them which our Ancestors in former ages and our latest real Parliaments have resolved to be and eargerly contended for as FUNDAMENTAL essentiall to their being and well-being as a Free People Kingdome Republique unwilling to be enslaved under any Yokes of Tyranny any arbitrary 〈◊〉 positions or Powers whatsoever Then give you a briefe touch of their severall late unparalelld violations both by the Edicts and Actions of usurping Powers 3. I shall in a Chronological way tender you a large Historical Catalogue of National Parliamental civill and military Contests Votes Declarations â—emonstrances Oathes Vows Protestations Covenants Engagements Excommunications Confirmations Evidences Statutes Charters Writs Records Judgments and Authorities in all ages undeniably evidencing declaring vindicating establishing perpetuating these Fundamental Hereditary Rights Liberties Priviledges Franchises Customs Laws and abundantly manifesting the extraordinary care industry zeal courage wisdome vigilancy of our Ancestours to defend preserve and perpetuate them to posterity without the least violation or diminution 4. I shall vindicate the excellency indifferency and legâ—lity of trying all Malefactors whatsoever by Juries of their â—eers upon legal Processe and Indictments and manifest the illegallity injustice partiality dangerous consequences of admitting or introducing any other form of Trials by New Arbitrary Martiall Commissions or Courts of High Justice or rather injustice inconsistent with and destructive to the Fundamental Rights Liberties Priviledges Laws Franchises of the English Nation and of most dangerous President to Posterity being set up by the
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 Writâ— 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
excommunicate but judicially to suspend mulct with temporal penalties depose dethrone PVT TO DEATH and destroy any Christian Emperours Kings Princes Potentates by open Sentence War Force secret Conspiracies or private assasinations and to give away their Crowns and Dominions to whoever will invade them by Treason or Rebellion at the Popes command and that in cases of Heresie Schisme Disobedience to Rebellion against the Pope or See of Rome Male-administration refusal to defend the Pope or Church against her adversaries Insufficency to Govern Negligence Tyranny Excesses Abuses in Goveâ—nment Incorrigibility Vitiousness of Life and NECESSITY OF THE PUBLICK GOOD OR SAFETY OF THE CHURCH STATE OR CAVSE OF GOD as Antonius Sanctarellus the Jesuite particularly defines in his Book De Haeresibus Schismatibus c. printed in Rome it self Anno 1625. who affirms it to be Multum aequum Reipublicae expediens ut sit aliquis supremus Monarcha qui Regum hujusmodi excessus possit corrigere DE IPSIS IVSTITIAM MINISTRARE sicut PETRD concessa fuit facultas PVNIENDI PAENA TEMPORALI imo etiam PAENA MORTIS DICTAS PERSONAS AD ALâ—â—â—VM COKKEECMIONEM ET EXEMPLVM Whether the Erection Title of or Proceedings against our beheaded King in the late mis-named High Court of Justice had not their original from hence and whether the Army-Officers derived not their very phrase of bringing the King TO IVSTIEE with their pretended NECESSITY OF PVBLICK GOOD AND SAFETY for it from these very Jesuites or their Agents in the Army let themselves the whole Kingdom and all Wisemen now consider Moreover some of the fifty Authors as Creswel or Parsons the English Jesuite in his Philopater Sect. 2. and De Officio Principis Christiani chap. 5. affirm That the whole School both of their Divines and Lawyers make it a Position certain and undoubtedly to be believed That if any Christian Prince whatsover shall manifestly turn from the Roman Catholick Religion or desire or seek to reclaim others from the same or but favour or shew countenance to an Heretick as they deem all Protestants and Dissenters from the See of Rome in any punctilio such HE PRESENTLY FALLETH FROM LOSETH AL PRINCELY POWER Dignity that By Vertus Power OF THE LAW IT SELF BOTH DIVINE AND HVMANE EVEN BEFORE ANY SENTENCE PRONOVNCED AGAINST HIM BY THE SVPREAM PASâ—OR AND IVDGE That thereby his Subjects are absolved from ALL OATHES AND BONDS OF ALLEGIANCE TO HIM AS TO THEIR LAWFUL PRINCE Nay THAT THEY MAY AND OVGHT PROVIDED THEY HAVE COMPETENT POWER AND FORCE TO CAST OVT SVCH A PRINCE FROM BEAKING RVLE AMONGST CHRISTIANS as an Apostate an Heretick a Back-slider a Revolter from our Lord Jesus Christ AND AN ENEMY TO HIS OWN ESTATE AND COMMONWEALTH lest perhaps he might infect others or by his example or command turn them from the faith And that the Kingdom of such an Heretick or Prince is to be bestowed at the pleasure of the Pope with whom the people upon pain of Damnation are to take part and Fight against their SOVERAIGN Out of which detestible and Treasonable Conclusions most Treasons and Rebellions of late time have risen in the Christian World and the first smoke of the Gunpowder-treason too as John Speed observes in his History of Great Britain p. 1250. Whereupon the whole University of Paris censured them An. 1625 and 1626. not onely as most pernioious detestable damnable erroneous and perturbing the publick Peace but likewise as Subversive of Kingdoms States and Republicks seducing Subjects from their Obedience and subjection and stirring them up to Wars Factions Seditions Principum parricidia and the Murthers of their KINGS 2. That the Jesuites have frequently put these Treasonable Seditious Antimonarchical Jesuitical damnable Doctrines into practice as well against some Popish as against Protestant Kings Queens Princes States which they manifest 1. By their poysoning Jone Albreta Queen of Navarre with a pair of deadly perfumed Gloves onely for favouring and protecting the Protestants in France against their violence Anno. 1572. 2. By their suborning and animating James Clement a Dominican Frier to stab King Henry the third of France in the belly with a poysoned Knife whereof he presently died Anno. 1589. for which they promised this Traytor a Saintship in heaven Pope Sixtus the fifth himself commending this foul Fact in a long Oration to his Cardinals as Insigne memorabile sacinus non sine Dei Opt. Max. particulari providentia dispositione ET SPIRITUS SANCTI SUGGESTIONE DESIGNATUM facinusque longe majus quam illud S. Judith quae Holofernum è medio sustulit 3. By Cammolet the Jesuites publick justification of this Clement in a Sermon at Paris Anno 1593. wherein he not only extolled him above all the Saints for his Treason against and murder of Henry the 3. but broke out likewise into this further Exclamation to the people We ought to have some Ehud whether it be a A Monke or A Souldier or a Varlet or at least a Cow-herd For it is necessary that at least we should have some Ehud This one thing onely yet remains behinde for then we shall compose all our Affairs very well and at last bring them to a destred end Whereupon by the Jesuites instigation the same yeer 1593. one Peter Bariere undertook the assasination of King Henry the 4 of France which being prevented and he executed thereupon they suborned and enjoyned one of their own Jesuitical Disciples John Castle a youth of 19 yeers old to destroy the King who on the 27 of December 1594. intending to stab him to the heart missing his aim wounded him onely in the cheek and stroke out one of his teeth for which Treasonable act he was justified applauded as a renowned Saint and Martyr by the Jesuites in a printed Book or two published in commendation of this his undertaking As namely by Bonarscius the Jesuite in his Amphitheatrum Franciscus Verona Constantinus a Jesuite in his Apologiapro Iohanne Castello contra Edictum Parliamenti supplicium de eo ob Parricidium sumptum An. 1595. Where he thus writes of the attempt upon Hen. 4. Whosoever diligently ponders that Henry was excommunicated an Heretick relapsed a profâ—ner of holy things a declared publick enemy an oppressor of Religion and thereupon a person secluded from all right to the Kingdom and therefore a Tyrant not a King an Vsurper not a lawful Lord he verily unless he be mad and destitute of humane sence and love towards God the Church and his Country cannot otherwise think or speak but that the fact of Castle was generous conjoyned with Vertue and Heroical to be compared with the greatest and most praise-worthy facts which the ancient Monuments of Sacred and Prophane Histories have recorded One thing onely may be disliked namely That Castle hath not utterly slain and taken him from the midst of us In sum He denies this Henry to be any King of France by right
as he shall depute or by his command shall be deputed to keep the peace within the said places and also except the Kings servants according to the Statute of Northampton And it is not the intention of our Lord the King that any Earl or Baron may not have his Lance brought to him in any place but onely in the Kings presence and in the place of Councell The like Proclamations were made in the beginning of the Parliaments of 9. 1â— 17 18. 20 25 â—dw 3. and sundry others more necessary to be revived in all succeeding English Parliaments now than ever heretofore since the unpresidented forces upon the late Members of both Houses and the Parliament it self by the Army-Officers and Souldiers raised to defend them from Violence The Treasonablenesse and Transcendency whereof being at large related in my Epistle to the Reader before my Speech in Parliament 4 December 1648 I shall not here criminally presse nor insist on but referred them thereunto However for the future security and freedome of our Parliaments from violence I must crave liberty to inform these Army Parliament drivers forcers dissolvers habituated to this trade That if the late Kings march to the House of Commons accompanied only with some of his Pensioners and others armed with Pistols and Swords meerly to demand but five Members thereof to be delivered up to Justice particularly impeached by him of High Treason some dayes before to wit That they had traiterously endeavoured to subvert the Fundamental Laws and Government of this Kingdome To deprive the King of his Royal power To place over the Subjects an Arbitrary and Tyrannical power To subvert the very Rights and being of Parliaments and by force and terrour to compell the Parliament to joyn with them in their designs for which end they had actually raised and countenanced Tumults against the King and Parliament Or if the Kings bare tampering with some Officers of his own Northern Army to draw a Petition from them to the Houses or march towards London from their quarters not to seise upon force or dissolve the Parliament or its Members but only to over-aw them and impeach the freedom of their debates Votes touching Episcopacy Church-Government and the Kings Revenues were such high transcendent violations of the Priviledges and Freedome of Parliament and unsufferable injuries as both Houses of Parliament separately and joyntly proclaimed them to all the world in severall Declarations during his life Or such capitall crimes as those who condemned and executed him for a Traytor and Tyrant have published in their Declaration of 17 March 1648. touching the grounds of their proceedings against him and setling the Government in the way of a Free State without King or House of Lords since his beheading in these very words But ABOVE ALL the English army was laboured by the King to be engaged against the English Parliament a thing of that strange in piety and unnaturalness for the King of England that nothing can answer it but his being a Forraigner neither could it have easily purchased belief but by his succeeding visible actions in full pursuance of the same as the Kings comming in Person to the House of Commons to seise the five Members whither he was followed with some hundreds of unworthy debauched persons armed with swords and pistols and other arms and they attending him at the door of the House ready to execute what the Leader should command them Which they charged against the King as the highest of his unparralleld Offences for which they appeal to all the world of indifferent men to judge whether they had not sufficient cause to bring him to Justice Though neither he nor his followers then seized secured secluded injured any one Member when they thus went to the Commons House Yea presently retracted his Impeachment and offered all satisfaction that should be desired by the House for this breach of Privilege and though neither the Northern Army nor their Officers ever advanced towards or offered the least violence to the Houses or their priviledges by Petition or otherwise Then certainly the Parliaments own Armies Officers Counsels manifold high printed Declarations of June 14. 23. July 7. Aug. 18. 1647. Nov. 16. Decemb 7. 1648. and others before and since their professed open Oppositions Impeachments against the very Proceedings Votes Orders Ordinances Members of both Houses of Parliament which first raised them principally for their defence Printed by their order in their Book of Declarations The History of Independency and my Speech in Parliament their Impeachment of eleven Members of the House of Commons and sundry Lords at once their securing of above 40 and secluding of above five parts of six of the whole House of Commons at once their avowed marches with the whole Body of the Army in Baâ—talia severall times to force the Houses seise their Members over-aw affright dis-member dissolve the Parliament it self and their own new erected Junctoes since and justification of it to all the world in print in their humble Answer touching the secured and secluded Members Jan. 3. 1648. The true state of the case of the Commonwealth of England 1654. and their Declarations concerning their dissolution of their two Junctoes after these Misdemeanours of the King without the least repentance for them must needs be farre more execrable unwarrantable and criminal than the Kings and deserve a severer censure than his Peccadilioes in respect of their crimes And if by the whole Armies printed Remonstrances August 2. and 18. 1647. the tumult of some unarmed London Apprentices who offered some small force to the Houses to the violation of their Priviledges without securing or secluding any one Member deserved a speedy and exemplary capital proceeding against the principal contrivers and Actors in it as they then declared and vehemently urged again and again in those Remonstrances Or if by their own Charge in the Name of the whole Army June 14. 1647. against the XI Members it was so high an offence in them That they joyntly or severally invited encouraged abetted or countenanced several Reformadoes and OTHER OFFICERS AND SOULDIERS TVMVLTVOVSLY AND VIOLENTLY TO GATHER TOGETHER AT WESTMINSTER TO AFFRIGHT ASSAULT THE MEMBERS OF PARLIAMENT IN PASSAGES TO FROM THE HOâ—SE TO OFFER VIOLENCE TO THE HOUSE IT SELF BY SVCH VNRVLY OVTRAGES THREATS TO AWE AND INFORCE THE PARLIAMENT And that upon their bare suggestion thereof without any proof at all or colour of truth they presently demanded That the persons impeached MIGHT BE FORTHWITH SECLVDED FROM SITTING IN THE HOVSE and removed thence before any hearing or trial which the Officers and Army eagerly pressed in their Paper of June 15. 1647. Nay if by their own late printed Instrument of the Government of the Commonwealth of England c. Articles 14. 16. All and every person and persons who have aided advised assisted or abetted in any war against the Parliament since the first day of
to settle Religion in the purity thereof TO MAINTAIN THE ANCIENT and FUNDAMENTALL GOVERNMENT OF THIS KINGDOME TO PRESERVE THE RIGHTS and LIBERTIES OF THE SUBJECT to lay hold on the first opportunity of procuring a safe and well grounded peace in the three Kingdoms and to keep a good understanding between the two Kingdomes of England and Scotland according to the grounds expressed in the Solemn League and Covenant And lest these generals should not give a sufficient satisfaction we have thought fit to the end men might no longer be abused in a misbelief of our intentions or a misunderstanding of our actions to make a further enlargement upon the particulars And first Concerning Church-Government c. because we cannot consent to the granting of an Arbitrary and unlicensed Power and Jurisdiction to neer ten thousand Judicatories to be erected within this Kingdome and this demanded in such a way as is not consistent with the FVNDAMENTAL LAWS and GOVERNMENT OF THE SAME c. Our full resolutions still are sincerely really and constantly to endeavour the Reformation of Religion in the Kingdome of England and Ireland in Doctrine Worship and Government according to the word of God and the example of the best Reformed Churches and according to the Covenant WE ARE SO FARRE FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOME BY KING LORDS and COMMONS that we have onely desired that with the consent of the King such Power may be settled in the TWO HOVSES without which we can have no assurance but that the like or greater mischiefs than those which God hath hither to dilivered us from may break out again and engage us in a second and more destructive war whereby it plainly appears Our intentions are not to change the Antient Frame of Government within this Kingdome but to obtain the end of the Primitive Institution of all Government The safety and weal of the People not judging it wise or safe after so bitter experience of the bloody consequence of a pretended Power of the Militia in the King to leave any colourable authority in the same for the future attempts of introducing AN ARBITRARY GOVERNMENT OVER THIS NATION We do declare That we will not nor any by colour of any Authority derived from us shall interrupt the ordinary course of Justice in the severall Courts of Judicatories of this Kingdome nor intermeddle in the cases of private interest other where determinable unlesse it be in case of male-Administration of Justice wherein we shall see and provide that Right be done and punishment inflicted as there shall be occasion ACCORDING TO THE LAWS OF THE KINGDOME Lastly Whereas both Nations have entred into a Solemn League and Covenant we have and EVER SHALL BE VERY CAREFULL DULY TO OBSERVE THE SAME that as nothing hath been done SO NOTHING SHALL BE DONE BY US REPUGNANT TO THE TRUE MEANING AND INTENTION THEREOF c. WHO WILL NOT DEPART FROM THOSE GROUNDS AND PRINCIPLES upon which it was framed and founded Though the generality of the afterwards secured and secluded Majority of the House of Commons endeavoured constantly to make good this Declaration in all particulars yet how desperatly the garbled Minority thereof continuing in power after their Seclusion prevaricated apostatized and falsified their Faith herein in every particle in the highest degree we cannot but with greatest grief of heart and detestation remember to the subversion ruine of our King Lords Commons Kingdome Parliaments Fundamentall Laws Government and the peoples Liberties c. almost beyond all hopes of restitution or reparation in humane probability without a miracle from heaven The Lord give them grace most seriously to consider repent of and really sincerely reform it now at last and to make it the principle subject of their prescribed publike Humiliations Fasts and Lamentations as God himself prescribes Isa 58. 5 6 7 8. Jer. 34. 8. to 22. Ezech. 19. 1. 14. Hos 10. 3 4. and not still to adde drunkennesse to thirst lest they bring them to temporall and eternal condemnation for it in Gods own due time and engender endlesse Wars Troubles Taxes Changes Confusions in our Kingdomes as they have hitherto done and will do till all be restored to their just Rights Powers Places Possessions and Liberties By this full Jury of Parliamentary Authorities to omit many others of like or inferiour nature and lesse moment it is undeniable That the people of England have both ancient Fundamentall Rights Liberties Franchises Laws and a Fundamental Government which like the Laws of the Medes and Persians neither may nor ought to be altered or innovated upon any pretence but perpetually maintained defended with greatest care vigilancy resolution and he who shall deny or oppugn it deserâ—â—s no refulation by further arguments since it is a received Maxime in all Arts Contra Principia negantem non est disputandum but rather demerits a sentence of Condemnation and publike execution at Tyburn as a Common Enemy Traitor to our Laws Liberties Nation it being no lesse than a transcendent crime and High Treason by our Laws for any person or persons secretly or openly to attempt the undermining or subversion of our fundamental laws rights Liberties Government especially by fraud treachery force or armed power and violence the later part of my first proposal which I shall now confirm by these twelve following Presidents and Evidences corroborating likewise the former part That we have such Fundamental laws liberties rights franchises and a fundamental Government too In the fifth year of King Richard the second the vulgar rabble of people and villains in Kent Essex Sussex Norfolk Cambridge-shire and other Counties under the Conduct of Wat Tyler Jack Straw and other Rebels assembling together in great multitudes occasioned at first by the new invented Tax of Poll-money granted by Parliament and the over-rigorous levying thereof on the people by the Kings Officers though nothing so grievous as our Excises Contributions new Imposts now so long exacted without any legal Grant in true free and full English Parliaments resolved by force and violence to abrogate the law of Villenage with all other laws they disliked formerly setled to burn all the Records kill and behead all the Judges Justices and men of law of all sorts which they could get into their hands to burn and destroy the Inns of Court as they did then the new Temple where the Apprentices of the law lodged burning their Monuments and Records of Law there found to alter the tenures of lands to devise new laws of their own by which the Subjects should be governed to change the ancient Hereditary Monarchicall Government of the Realm and to erect petty elective Tyrannies and Kingdomes to themselves in every shire A project eagerly prosecuted by some Anarchicall Anabaptists Jesuits Levellers very lately and though withall they intended to destroy the King at last and all the Nobles too when they had gotten sufficient power yet at first to
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
one of the Judges of the Common Pleas exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinal Wolsey That he had by divers and many sundry wayes and fashions committed High Treason and NOTABLE GRIEVOUS OFFENCES by misusing altering and subverting of his Graces Laws and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royal to the inestimable great hinderance diminution and decay of the universal wealth of this his Graces Realm The Articles are 43. in number the 20 21 26 30 35 37 42 43. contain his illegal arbitrary practises 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 mostexcellent Majesty of your excellent goodnesse towards the Weal of this your Realm and subjects of the same to set such order and direction upon the said Lord Cardinal as may be to terrible example of other to beware to offend your Grace and your Laws hereafter and that he be so provided for that he never have any Power Jurisdiction or authority hereafter to trouble vex or impoverish the common-wealth 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 legal judgement for these his Practises 7. The Statute of 3. and 4. Ed. c. 5 6. enacts That if any persons to the number of twelve or more being assembled together shall intend go about practise or put in use with force and arms unlawfully of their own authority TO CHANGE ANY LAWS made for Religion by authority of Parliament OR ANY OTHER LAWS OR STATUTES OF THIS REALM STANDING IN FORCE OR ANY OF THEM and shall continue together by the space of an houre being commanded by a Justice of Peace Mayor Sheriffe or other Officer to return or shall by ringing of any Bell sounding of any Trumpet Drumme Horn c. raise such a number of persons to the intent to put any the things aforesaid in ure IT SHALL BE HIGH TREASON and the parties executed as Traytors After this the Statute of 1 Mariaec 12. Enacted That if twelve or more in manner aforesaid shall endeavour by force to alter any of the Laws or Statutes of the Kingdome the offenders shall from the time therein limited be adâ—udged ONELY AS FELONS whereas it was Treason before but this Act continuing but till the next Parliament and then expiring the offence remains Treason as formerly 8. In the 39. year 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 war against the Queen because it was to throw down all inclosures throughout the Kingdom to which they could pretend no right and that the end of it was TO OVER THROW THE LAWS AND STATUTES for inclosures Whereupon BRADSHAW and BURTON two of the principal Offenders were condemned and executed at Ainstow 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 1640. The whole House of Commons impeached Thomas Earl of Strafford Lord Deputy of Ireland of High Treason amongst other Articles for this crime especially wherein all the other centred That he hath TREASONABLY ENDEAVOURED by his Words Actions and Counsels TO SUBVERT THE FUNDAMENTALL LAWS and GOVERNMENT OF ENGLAND and IRELAND and introduce an arbitrary and Tyrannical Government This the whole Parliament declared and adjudged to be High Treason in and by their Votes and a special 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 22. 1641. 10. The whole House of Commons the same Parliament impeached William Laud Arch-bishop of Canterbury of HIGH TREASON in these very terms February 6 1640. First That he hath traiterously endeavoured to subvert the Fundamental Laws and Government of this Kingdome of England and instead thereof to introduce an arbitrary and tyrannical Government against Law And he to that end hath wickedly and TRAYTEROVSLY advised his Majesty that he might at his own will and pleasure levy and take mony of his Subjects without THEIR CONSENT IN PARLIAMENT and this he affirmed was warrantable by the law of God Secondly He hath for the better accomplishment of that his Traiterous Designe 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 unlimitted 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 wayes 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 LAWS OF THIS KINGDOME whereby sundry of his Majesties Subjects have been stopt in their just suits deprived of their lawfull Rights and subjected to his Tyrannicall will to their ruine and destruction Fourthly That he hath traiterously endeavoured to corrupt the other Courts of Justice by advising and procuring his Majesty to sell places of Judicature and other Offices CONTRARY TO THE LAWS and CUSTOMES in that behalf Fifthly That he hath TRAITEROUSLY caused a a Book of Canons to be compiled and published without any lawfull warrant and Authority in that behalf in which pretended Canons many matters are contained contrary to the Kings Prerogative to the Fundamentall Laws and Statutes of this Realm to the Rights of Parliament to the Property and Liberty of the Subject and matters tending Sedition and of dangerous consequence and to the establishing of a vast unlawfull presumptuous power in himself and his successors c. Seventhly That he hath traiterously endeavoured to alter and subvert Gods true Religion BY LAW ESTABLISHED and instead thereof to set up Popish Religion and Idolatry And to that end hath declared and maintained in Speeches and printed Books diverse Popish Doctrines and Opinions contrary to the Articles of Religion ESTABLISHED BY LAW He hath urged and enjoyned divers Popish and Superstitious Ceremonies WITHOUT ANY WARRANT OF LAW and hath cruelly persecuted those who have opposed the same by corporal punishment and imprisonments and most unjustly vexed others who refused to conform thereunto by
ALL CAUSES RELATING TO THE EXCISE from time to time against all Sutes or Actions brought or other molestations against them by the Parties grieved who are usually Fined Imprisoned enforced to pay Costs of Sute only for suing for relief yea which I cannot think of without horrour and amazement ALL COVRTS OF JUSTICE OF THIS COMMON-WEALTH and ALL JUDGES and JUSTICES OF THE SAME SHERIFS COVNSELLORS ATTURNIES SOLICITORS and ALL OTHER PERSONS are thereby expresly required to conform themselves accordingly in all things WITHOVT ANY OPPOSITION OR DISPVTE WHATSOEVER as the precise words of their Ordinance of 17 March 1653. proclaim to all the Nation Which declares further That IT IS NECESSARY to provide A CONTINVAL SVPPLY for the carrying on the weighty Affairs of this Common-wealth OVT OF THIS REVENVE OF EXCISE And do not these Clauses compared with the 27. 29. Articles of their Instrument clearly discover a fixed Resolution in these new Legislators to continue and perpetuate upon the whole Nation this importable Grievance of Excise from year to year without intermission or end to be leavied by the means aforesaid to hinder all and every the Freemen of England from endeavouring to free or exempt themselves or their Posterities from it hereafter by any Sute Action Habeas Corpus or other legal remedy in any Court of Justice whatsoever yea peremptorily positively to prohibit enjoyn all Courts of Justice Judges Justices Sheriffs Counsellours Atturnies Solicitors with all other persons of this Common-wealth both for the present and future Ages to give them the least legal assistance advice or relief against the same or against any Officers or Assistants which shall forcibly lâ—aâ—ie it by distress Fines Imprisonnents Confiscation of Goods Sequestrations Sales of their personal or real Estates or otherwise I appeal then in the behalf of all the Freeborn People of England the Souls and Consciences of these new Ordinance-makers with all the Executioners of them in any kinde before all the Tribunals of Heaven and Earth whether they have not by these their Dismal Ordinances more desperately irrecoverably totally finally as much as in them lies undermined subverted and quite blown up at once all the Foundations of our hereditary Fundamentall Properties Liberties Laws for eternity and levelled them to the dust then the worst of all our Kings or former Councill-tables ever did Deprived the whole Nation and every particular Free-man in it of all future benefit of our Laws Statutes and Courts of Justice for their just relief against this intolerable Oppression and thereby reduced us to the condition of the most slavish captivated fettered Bond-slaves and conquered Vassals under heaven without any visible means or hopes of future enfranchisement under a pretext of fighting for maintaining protecting enlargeing our former properties and freedomes to a more miserable sordid servile condition than either we or our Ancestors sustained under the worst of al our Kings and their most pernicious Counsellors who never in any age attempted tither to make or impose such Extravagant enslaving Ordinances or Excises with such strange penalties Forfeitures Imprisonments Sequestrations sales most unrighteous Monstrous Inhibitions of all legal suites means for cheirrelief in Courts of Justice as they have done King Charles himself though condemned beheaded by them for the worst of Tyrants and Oppressors permitting his Subjects free Liberty to dispute the Legality of Fines for Knight-hood Ship mony Tonnage Poundage Loanes Excise and other Impositions not only in his Parliaments where they were fully debated without restraint and Laws passed against them afterwards by his own Royall assent thereto but likewise in all his other Courts where they were first brought in question Yet now in our Nâ—w Free State under these greatest pretended Patrons of our Laws and Liberties all Courts Judges Justices and other Officers must conform to these illegall Impositions and their tyrannicall waies of inforcement without any opposition or dispute whatsoever and all Counsellors Attornies Solicitors and others must neither argue nor advise nor act in any kinde against them And is this the glorious old antient English Liberty Freedome Property Law and free course of Justice wee have spent so many millions of Treasure so many years of publique Consultations warres Prayers Fasts Tears and such Oceans of precious christian Protestant English blood inviolably to maintain and perpetuate to posterity If any Free-born English men whatsoever dare publikely averre it let them do it at the perill of their infamy execration in all future ages yea of their own heads and Souls If they cannot but now absolutely disavow it let them with shame and indignation disclaim renounce such illegall Ordinances Excises as most detestable both to God and all true-born English free men The 2 is The present continuing Impositions of Customes Tonnage and Poundage upon Goods Merchandizes imported and exported without any grant thereof by Parliament by a new Printed Paper entituled an Ordinance of March 23 1653. thus peremptorily imposing them without any Prologue or Inducement to satisfy the people either in Equity or Justice much lesse in their Legality in respect of those who thus impose them for sundry years yet to come Be it ordained by his highness the Lord Protector with the advise and consent of the Councell that one Act of Parliament though no Act at all by any known Laws Statutes Law-books Records Customes or Constitutions of the Realm buâ— a meer Nullity entituled an Act for the Continuation of the Customes until the 26 of March 1653 and all clauses and powers therein contained are and ARE HEREBY CONTINUED and SHALL and DO STAND IN FULL FORCE UNTILL THE 26 DAY OF MARCH in the year of our Lord 1658. c. By which these New Legislators by their own inherent Superlative Power presume to impose this Tax upon the whole Nation without any grant in Parliament for full 5 years space not only contrary to the Presidents in all former Kings raigns who never claimed nor received it but by speciall grant in Parliament but likewise contrary to this memorable Remonstrance made by the whole House of Commons in the Parliament of 3 Caroli never yet Printed to my knowledge Most gracious Soveraign your Majesties most loyall and dutifull Subjects the Commons in this present Parliament Assembled being in nothing more carefull than of the Honour and Prosperity of your Majesty and the Kingdome which they know doth much depend upon that union and relation betwixt your Majesty and your people do with much sorrow apprehend that by reason of the incertainty of their continuance together the unexpected interruptions which have been cast upon them and the shortness of time in which your Majesty hath determined to end this Session they cannot bring to maturity and perfection divers businesses of weight which they have taken into their consideration and resolution as most important for the common good Amongst other things they have taken into especiall care the preparing of a Bill
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 160â— 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 Tâ—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 * Aâ— 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. Å¿ 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 pretiâ—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 â—hâ—ir Almâ—nâ—â—kâ— 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. â—ota Nota. e Quodlib 3. ar 4. p. 65. 41. Nota. f Quodlibets p. 39. 209 233 234 305 306 307 30â— 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 maÌ„ 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 parteÌ„ in rebus privatis curandis ponit Rempublicam nihil detrimenti ex hac sua negligentia capâ—re posse putat sed aliquam alium esse existimat qui Rempublicam curet ei pro setpso perspiciat Itaâ— cadem omnium privatorum opinionè Universam Rempublicam perdi non animadvèrtit Thucidides Hâ—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 propemoduÌ„ omnes atque Injuriae ab Ambitione Avaâ—itia pâ—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 nominâ— 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
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. intâ—râ—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 Graftoâ— Stow Martin Baker * And have not others of late assumed to themselves more Royal power than he resolved to be Treason by 21. â— 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. Peâ—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 â— 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
theÌ„ with the constitution of our Church State Religion publike affairs must needs acknowledg that these pragmatical Iesuits have bin very active prevalent powerful successful and not only militant but triumphant of late years amongst us under some disguise or other that they have dangerously poysoned us with these their Machiavillian and Atheal policies practises positions and have more real Disciples Factors if not Tutors now amongst us then in any former ages And is it not high time then to endeavour to detect their persons and prevent their dangerous designs upon us with greatest care and diligence Truly though most others be negligent and fearfull herein yet that text of Ezek. 2. 6 7. And thou son of man be not afraid of them neither be afraid of their words though bryars and thorns be with thee and thou dost dwell among scorpions be not afraid of their words nor be dismayed at their looks though they be a rebellions house And thou shalt speak my words unto them whether they will hear or whether they will forbear for they are most REBELLIOVS hath animated me to exonerate my conscience herein and to say with the prophet Isai 62. 1. For Zions Englands sake I will not hold my peace and for Ierusalems sake I will not rest until the righteousness thereof go forth as brightness and the salvation thereof as a Lamp that burneth Wherefore Upon serious consideration of all these Premises and of all those Sacred Solemn Oaths that Protestation Vow League and National Covenant which I have formerly taken lying still as so many indissoluble Obligations on my Soul notwithstanding the ingrate malicious unchristian Requitals of all my former unmercinary services Sufferings for Religion Laws Liberties and the publique in times of greatest Danger recompenced only with long causeless close imprisonments injuries affronts losses of all kinds by pretended friends and Patrons of our Liberties as well as by professed causeless Enemies And notwithstanding all other Discouragements from the general baseness cowardise Sottishness slavishness degenerated Spirits of the whole Nation and their strange fearfulness even publiquely to own much less cordially to assist defend according to the sixth Article of the Covenant those few couragious Patrons who have hazarded their Lives Liberties Limbs Estates and all earthly comforts for the publique defence of our Religion the Laws Liberties Priviledges of our Kingdom Church Parliament against the old and late avowed subverters of them whose very Company visits the generality of their former friends and acquaintance have declined as if they had some plague sores on them not only during their late restraints but likewise since their enlargements out of them enough to perswade them never to write speak act or suffer any thing more for such ingrate unworthy Creatures but rather to put their helping hands to make them and their Posterities slaves for ever I have yet once more out of pure zeal love conscience towards my native Country adventured my life liberty and decayed estate considering the lawlessness and Danger of the times not the justice and goodness of the Common Cause I plead for the necessary defence of the Fundamental Liberties Franchises Lawes Rights Parliaments Priviledges and Government of our enslaved Nation though every way unworthy to be beloved by God or men of noble spirits in this Seasonable Legal Historical Vindication and Collection wherein I have with all boldness faithfulness without the least fear or flattery of any Mortals or created powers whatsoever argued evinced maintained my own particular with the whole Nations publique right and inheritance in them of which few or none take any care but only of their own private gains case safely though with the Publike ruine and endeavoured as much as in me lies to preserve them and our Religion from the several Jesuitical plots counsels specified in the whole Commons House Remonstrance of 15 December 1641. Exact Collection p. 3. to 14. of late years revived and more vigorously pursued than ever and to rescue them out of the Claws of Tyranny and all usurping arbitrary powers which have avowedly encroached on yea trampled them under feet of late more than ever the worst of all our Monarchs or beheaded King did though declaimed against as the greatest of Tyrants by some who have transcended him in his worst Regal Exorbitances and particularly in this which the Lords and Commons in Parliament in their Declaration of Aug. 4. 1642. thus grievously complained of and objected against the Kings ill Counsellers That the LAWS were no protection or defence of any mans right all was subject to will and power which imposed WHAT PAYMENTS THEY THOVGHT FIT to drain the Subjects purses and supply THOSE NECESSITIES which their ill counsel had brought upon the King and gratify such as were instrumental in promoting most ILLEGAL and OPRESSIVE COVRSES Those who yielded and complied were countenanced and advanced all others disgraced and kept under and are they not so now as much as then that â—o their minds made poor and base as they were never so poor and base as now and THEIR LIBERTIES lost and gone as they were never so much as now they might be ready to LET GO THEIR RELIGION whensoever it should be resolved to alter it which was and still is the GREAT DESIGN and all the rest made use of as instrumental and subservient to it Upon which consideration they thus concluded that Declaration Therefore we the Lords and Commons are resolved to expose our lives and fortunes for the defence and maintenance of the true Religion the Kings person honor and estate the power and priviledge of Parliament the just rights and liberty of the Subject And we do hereby require all those who have any sence of piety honor or compassion TO HELP A DISTRESSED STATE especially SVCH WHO HAVE TAKEN THE PROTESTATION and are bound in the same duty with us unto their God their King and Country to come into their aid and assistance That which hath not a little encouraged me hereunto is not only this their publick call but likewise this memorable passage vow protestation of the Lords and Commons assembled in Parliament in their printed Declaration in answer to his Majesties of October 23. 1642. Which I fear most of them since in power have quite forgotten and therefore I beseech them now seriously to remember it Though we know very well there are too many of the Gentry of this Kingdom who to satisfy the LVSTS OF THEIR OWN AMBITION are content like Esau TO SELL THEIR BIRTH-RIGHT AND CARE NOT TO SVBMIT THEMSELVES TO ANY ARBITRARY AND UNLIMITED GOVERNMENT so they may FOR THEIR OWN TIME PARTAKE OF THAT POWER to trample and insult over others And have not are not some of these declarers and censures such themselves yet we are assured that there are of the Gentry many worthy and true hearted Patriots but where are those many now who are ready to lay down their lives and fortunes and
to violate we shall appeal to the judgement of any indifferent man how little truth is contained in this their assertion or in the Army Officers printed Papers to the same effect The Parliament is to be considered in three severall respects First As a Councell to advise Secondly As a Court to judge 3. As it is the body representative of the whole Kingdom to make repeal or alter Laws and whether the Parliament hath enjoyed its priviledges in any of these respects under the Army-Officers and powers as well as late King let any that hath eyes open judge For the first We dare appeal even to the Consciences of the Contrivers themselves and to the consciences of the Army-Officers Souldiers and Whitehall men themselves whether matters of the highest importance witness all the publick proceedings against the late Parliament King Peers Government the Warrs with Scotland Holland their new Magna Châ—rta repealing the old Entituled The Government of the Commonwealth of England Scotland and Ireland wherein they take upon them such an Omnipotent Soveraign power as To pass a decree upon the wavering humors of the people and to say to this Nation yea to Scotland and Ireland too As the Almighty himself said once to the unruly Sea Here shall be thy bounds hitherto shalt thou come and no further as some of them most arrogantly if not blasphemously publish in print to all the world in their True State of the Case of the Commonwealth p. 34. Their making of new binding Laws and Ordinances repealing old Laws and Statutes in and by pretext of this Instrument out of Parliament as their manifold Whitehall Folio new Edicts amounting to near 700 pages attest have not been agitated and determined in and by the Army-Officers General Councel and other unparliamentary Juncto's not only without but contrary to their Advice and Votes too and whether private unknown Councels in the Army Whitehall and elswhere yea the private Councels Plots conspiracies of Iesuits of Forraign Popish and Spanish Agents have not been hearkned unto approved and followed when the Faithful and wholsom advice of the great Counsel hath been scorned neglected by the Army Officers and their Confederates And yet none can deny but it is one of the Principle ends why a Parliament is called To Consult the great Affairs of the Church and State And what miserable effects and sad events this neglect of the great Councel and preferring of unknown and private Councels before it hath produced let the present Distractions of this Kingdom bear witnesse with all the bloody unchristian Wars Taxes Oppressions Distractions since the Armies force upon the King Members Houses Anno 1647. and 1648. to this present time Concerning the Second it sufficiently appears by the making the Kings Court by the Force and Power of the Kings Army the Sanctuary and refuge of All sorts of Delinquents against the Parliament and Kingdom and protecting and defending them from the Justice thereof and by admitting such to bear places of great trust in the Army and to stand in defiance of the Parliament and the Authority thereof and is it not a far greater crime to make the Parliaments Army it self a Delinquent against the Parliament and Kingdom the sanctuary of such Delinquents against both and to continue such Officers in places of greatest trust in the Army who have levied actual war against the Parliament secluded secured members of Parliament kept divers years under their armed guards in defiance of the Parliament without any particular Charge or Impeachment refusing to release them even when the Serjeant was sent at first from the House it self to demand the Members seised By all which it is apparent how our Privledges have been torn from us by piece-meals from time to time And we might mention many passages whereby they were endeavoured to be pulled up by the root and totally subverted As the attempt to bring up the late Army from the North to force Conditions upon the Parliament His Majesties Letters and Commands to the Members of both Houses which found obedience in a great many to attend him at York and so By depriving the Parliament of their Members destroy the whole Body And was not the actual twice bringing up of the Parliaments own Army by the Army Officers against the Parliament it self to impeach secure some principal Members of both Houses seclude the Majority of the Commons House suppress the whole House of Lords break off the Treaty behead the King the Head of the Parliament against the Parliaments Votes alter the Government force conditions on the Parliament it self to omit the 12 21 24 32 37 38 39 Articles of their New Government with the secluding of all the Members lately admitted by Armed Souldiers till they took a New Engagement and keeping out all others a taking of the Privileges of the Parliament from them all by Whole-sale and a more desperate pulling up by the Roots and total subversion of all the Priviledges and whole Body of the Parliament than this objected against the Northern Army or the Kings Jesuitical ill Councel Which is enough to prove the vanity of the Contrivers of that Declaration and of the Army Officers too to feed themselves with hope of belief That the Priviledges of Parliament are not Violated but intended to be preserved with all due observance Concerning the Allegation That the Army raised by the Parliament is to murder the KING oft alledged by the King and his Party in many printed PROCLAMATIONS Declarations before and after this here mentioned We hoped the Contrivers of that Declaration or any that professed but the name of a Christian could not have so little charity as to raise such a SCANDAL especially when they must needs know the Protestation taken by every Member of both Houses and Army Officers too whereby they promise in the presence of Almighty God TO DEFEND HIS MAJESTIES PERSON The Promise and Protestation made by the Members of both Houses upon the nomination of the Earl of Essex to be General and to live and die with him wherein is expressed THAT THIS ARMY WAS RAISED FOR DEFENCE OF THE KINGS PERSON Our oft earnest and most humble Address to his Majesty to leave that desperate and dangerous Army c. A request inconsistent with any purpose to offer the least violence to His Person which hath and ever shall be dear unto us And concerning the imputation laid to our Charge of Raising this Army to Alter the whole Frame of Government and Established Laws of the Land which the King and his party frequently objected in print we shall need give no other Answer but this That the Army Raised by the Parliament is to no other end but for the Preservation of his Majesties Person to Defend themselves the Laws of the Land and the true Protestant Religion After which they there and elswhere conclude And by this time we doubt not but every man doth plainly discern through
Ecclesiasticall Censures Excommunication Suspension Deprivation and Degradation CONTRARY TO THE LAWS of this kingdome Thirteenth He did by his own authority and power contrary to Law procure sundry of his Majesties Subjects and enforced the Clergy of this Kingdome to contribute towards the maintenance of the War against the Scots That to preserve himself from being questioned for these other his Traiterous courses he hath laboured to subvert the Rights of Parliament and the ancient course of Parliamentary proceedings and have not the Army Officers and others actually done it since upon the same accompt and by false and malicious slanders to incense his Majesty against Parliaments All which being proved against him at his Triall were after solemn Argument by Mr. Samuel Brown in behalf of the Commons House proved and soon after adjudged to be High Treason at the Common Law by both Houses of Parliament and so declared in the Ordinance for his Attainder for which he was condemned and beheaded as a Traitor against the King Law and Kingdom on Tower Hill January 10. 1644. 11. In the same Parliament December 21. Jan. 14. Febr. 11. 1640. and July 6. 1641. Sir John Finch then Lord Keeper Chief Justice Bramston Judge Berkley Judge Crawly Chief Baron Davenport Baron Weston and Baron Trevour were accused and impeached by the House of Commons by several Articles transmitted to the Lords OF HIGH TREASON for that they had Traiterously and wickedly endeavoured to subvert the Fundamental Laws and established Government of the Realm of ENGLAND and instead thereof to introdâ—ce an Arbitrary and Tyrannical Government against Law which they had declared by traiterous and wicked words opinions judgements and more especially in this their extrajudiciall opinion subscribed by them in the case of Ship money viz. We are of opinion that when the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger your Majesty may by Writ under the Great Seal of England without consent in Parliament command all your Subjects of this your Kingdome at their charge to provide and furnish such a number of Ships with Men Victuall and Ammunition and for such time as your Majesty shall think fit for the Defence and safeguard of the Kingdome from such danger and perill And we are of Opinion that in such case your Majesty is the sole Judge both of the danger and when and how the sume is to be prevented and avoided And likewise for arguing and giving judgment accordingly in Mr. John Hampdens case in the Exchequer Chamber in the point of Ship money in April 1638 which said opinions are Destructive to the Fundamental Laws of the Realm the Subjects Right of Property and contrary to former Resolutions in Parliament and the Petition of Right as the words of their severall Impeachments run Sir John Finâ—h fled the Realm to preserve his head on his shoulders some others of them died through fear to prevent the danger soon after their Impeachments and the rest who were lesse peccant were put to Fines 12. Mr. John Pym in his Declaration upon the whole matter of the charge of High Treason against Thomas Earl of Strafford Aprill 12. 1641. before a Committee of both Houses of Parliament in Westminster Hall printed and published by Order of the House of Commons proves his endeavour to subvert the Fundamental Laws of England and to introduce an Arbitrary Power to be High Treason and an offence very hainous in the nature and mischievous in the effects thereof which saith he will best appear if it be examined by that universall and supream Law Saluâ— Populi the element of all Laws out of which they are derived the end of all Laws to which they are designed and in which they are perfected 1. It is an offence comprehending all other Offences Here you shall finde several Treasons Murthers Rapines Oppressions Perjuries There is in this Crime a Seminary of all evils hurtfull to a State and if you consider the Reasons of it it must needs be so The Law is that which puts a difference betwixt good and evill betwixt just and unjust If you take away the law all things will fall into confusion every man will become a law to himself which in the depraved condition of humane nature must needs produce many great enormities Lust will become a Law and Envy will become a law Covetousnesse and Ambition will become laws and what Dictates what decisions such laws will produce may easily be discerned in the late Government of Ireland and England too since this The law hath a power to prevent to restrain to repair evils without this all kindes of mischiefs and distempers will break in upon a State It is the Law that intitles the King to the Allegiance and Service of his people it intitles the People to the Protection and Justice of the King c. The Law is the Boundary the measure betwixt the Kings Prerogative and the Peoples Liberties whiles these move in their Orbe they are a support and security to one another but if these Bounds be so removed that they enter into contestation and conflict one of these great mischiefs must needs ensue if the Prerogative of the King overwhelm the Liberty of the people it will be turned into Tyranny If Liberty undermine the Prerogative it will turn into Anarchy The Law is the safegard the custody of all private interests your Honours your Lives your Liberties and your estates are all in the keeping of the Law without this every man hath a like Right to any thing and this is the condition into which the Irish were brought by the Earl of Strafford and the English by others who condemned him And the reason which he gave for it hath more mischief than the thing it self THEY ARE A CONQUERED NATION let those who now say the same of England as well as Scotland and Ireland consider and observe what followes There cannot be a word more pregnant and fruitfull IN TREASON than that word is There are few Nations in the world that have not been conquered and no doubt but the conquerour may give what Laws he please to those that are conquered But if the succeeding Parts and Agreements do not limit and restrain that right what people can be secure England hath been conquered and Wales hath been conquered and by this reason will be in little better case than Ireland If the King by the Right of a Conquerour give Lawes to his people shall not the people by the same reason be restored to the Right of the conquered to recover their Liberty if they can What can be more hurtful more pernicious than such Propositions as these 2. It is dangerous to the Kings Person and dangerous to his Crown it is apt to cherish ambition usurpation and oppression in great men and to beget sedition discontent in the people and both these have been and in reason must ever be great causes of trouble
and alterations to Prince and State If the Histories of those Eastern Countries be perused where Princes order their affairs according to the mischievous Principles of the Earl of Strafford Loose and absolved from all Rules of Government they will be found to be frequent in combustions full of Massacres and the tragical end of Princes If any man shall look into our own Stories in the times when the Laws were most neglected he shall finde them full of Commotions of Civill distempers whereby the Kings that then raigned were alwaies kept in want and disresse the people consumed with CIVIL WARS and by such wicked Counsels as these some of our Princes have been brought to such miserable ends As no honest heart can remember without horrour and earnest Prayer that it may never be so again 3. As it is dangerous to the Kings Person and Crown so it is in other respects very prejudiciall to his Majesty in honour profit and greatnesse which he there proves at large as you may there read at leisure and yet these are the Guildings and Paintings that are put upon such Counsels These are for your Honour for your Service 4. It is inconsistent with the Peace the Wealth the Prosperity of a Nation It is destructive to Justice the mother of Peace to Industry the spring of Wealth to Valour which is the active vertue whereby the Prosperity of a Nation can onely be procured confirmed and enlarged It is not onely apt to take away Peace and so intangle the Nation with Wars but doth corrupt Peace and pours such a Malignity into it as produceth the effects of Warre both to the NOBILITY and others having as little security of THEIR PERSONS OR ESTATES in this peaceable time as if the Kingdome had been under the fury and rage of Warre And as for industry and valour who will take pains for that which when he hath gotten is not his own or who fights for that wherein he hath no other interest but such as is subject to the will of another c. Shall it be Treason to embase the Kings Coyne though but a piece of twelve pence or six pence and must it not needs be the effect of greater Treason to embase the spirits of his Subjects and to set a stamp and character of Servitude upon them whereby they shall be disabled to do any thing for the service of the King or Common-wealth 5. In times of sudden danger by the Invasion of an Enemy it will disable his Majesty to preserve himself and his Subjects from that danger When war threatens a Kingdome by the coming of a Forraign Enemy it is no time then to discontent the people to make them weary of the PRESENT GOVERNMENT and more inclinable to a change The supplies which are â—o come in this way will be unready uncertain there can be no assurance of them no dependance upon them either for time or proportion And if some money be gotten in such a way the distractions the divisions distemperâ— which this course is apt to produce will be more prejudicial to the publike safety than the supply can be advantagious to it 6. This crime is contrary to the Pact and Covenant between the King and his People by mutuall agreement and stipulation confirmed by OATH on both sides 7. It is an Offence that is contrary to the ends of Government 1. To prevent Oppressions to limit and restrain the excessive power and violence of great men to open passages of Justice with indifferency towards all 2. To preserve men in their Estates to secure them in their Lives and Liberties 3. That Vertue should be cherished and Vice suppressed but where Laws are subverted and Arbitrary and unlimited power set up a way is open not onely for the security as now of all heresies but for the advancement and incouragement of eviâ—l Such men as are â—ptest for the execution and maintenance of this power are onely capable of preferment and others who will not be Instruments of any unjust Commands who make Conscience to do any thing against the law of the Kingdome and liberties of the Subject are not onely not passable for imployment but SVBJECT TO MVCH JEALOVSIE and DANGER Is not this their condition of late and present times even in Parliament Members themselves as well as others secured secluded kept close prisoners perforce for making Conscience of doing nothing against the Laws and Liberties of the Kingdom and their Oaths and Covenants too and refusing to comply with usurping Innovators in all their self-seeking extravagancies and Treasons expertus loquor 4. That all accidents and events all Counsels and Designes should be improved for the publique good But this arbitrary power is apt to dispose all to the maintenance of it self And is it not so now 8. The Treasons of subversion of the laws violation of Liberties can never be good or justifiable by any circumstance or occasion being in their own nature how specious or good soever they be pretended He alledgeth it was a time of GREAT NECESSITY and DANGER when such Counsels were necessary FOR THE PRESERVATION OF THE STATE the Plea since and now used by others who condemned him If there were any NECESSITY IT WAS OF HIS OWN MAKING He by his evill Counsell had brought the King as others the Kingdome since into a Necessity and by no rules of Justice can be allowed to gain this advantage to his Justification which is A GREAT PART OF HIS OFFENCE 9. As this is Treason in the nature of it so it doth exceed all other Treasons in this that in the Designe and endeavour of the Authour it was to be A CONSTANT and PERMANENT TREASON a standing perpetual Treason which would have been in continual Act not determined within one time or age but transmitted to Posterity even from Generation to Generation And are not others Treasons of late times such proclaimed such in and by their own Printed papers and therein exceeding Straffords 10. As it is odious in the nature of it so it is odious in the Judgement and estimation of the Law TO ALTER THE SETLED FRAME and CONSTITUTION OF GOVERNMENT IS TREASON IN ANY ESTATE Let those consider it who are guilty of it in the highest degree beyond Strafford Canterbury or the Ship mony-Judges in our own State The Laws whereby all parts of a Kingdome are preserved should be very vain and defective if they had not a power to secure and preserve themselves The Forfeitures inflicted for Treason by our Law are of Life Honour and Estate even all that can be forfeited and this Prisoner although he should pay all these Forfeitures will still be a Debtor to the Common-wealth Nothing can be more equal than that he should perish by the Justice of the Law which he would have subverted neither will this be a New way of blood There are marks enough to trace this Law to the very Original of this
Kingdome And if it hath not been put in execution as he alledgeth this two hundred and fourty years it was not for want of LAW but that all that time had not bred a man bold enough to commit such Crimes as these which is a circumstance much aggravating his Offence and making him no lesse liable to punishment he is THE ONELY MAN that in so long a time hath ventured UPON SUCH A TREASON AS THIS Thus far Mr. John Pym in the Name and by the Order and Authority of the whole Commons House in Parliament which I wish all those who by their Words Actions Counsels and printed Publications too have traiterously endeavoured to subvert the Fundamentall Laws Liberties Government Parliaments of England and Ireland and to introduce an Arbitrary and Tyrannical Government against law as much as ever Strafford did yea far out stripped him therein even since his execution in all particulars for which he was beheaded would now seriously lay to heart and speedily reform lest they equal or exceed him in conclusion in capital punishments for the same or endlesse Hellish Torments 13. The next Authority I shall produce in point is The Speech and Declaration of Master Oliver St. John at a Conference of both Houses of Parliament concerning SHIPMONEY upon Judge Finches Impeachment of High Treason January 14. 1640. printed by the Commons Order London 1641. wherein he thus declares the sense of the Commons p. 12. c. That by the Judges opinions forecited concerning Ship-mony THE FUNDAMENTAL LAWS OF THE REALM CONCERNING OUR PROPERTIES and OUR PERSONS ARE SHAKEN whose Treasonable Offence herein he thus aggravates page 20. c. The Judges as is declared in the Parliament of 11 R. 2. are the Executors of the Statutes and of the Judgments and Ordinances of Parliament They have made themselves the EXECUTIONERS OF THEM they have indeavoured the DESTRUCTION OF THE FUNDAMENTALS OF OUR LAWS and LIBERTIES Holland in the Low Countries lies under the Sea the superfices of the Land is lower than the superficies of the Sea It is Capitall therefore for any man to cut the Banks because they defend the Country Besides our own even Forraign Authours as Comines observes That the Statute DE TALLAGIO and the other Old Laws are the Sea Wals and Banks which keep the Commons from the inundation of the Prerogative These Pioners have not onely undermined these banks but have levelled them even with the ground If one that was known to be Hostis Patriae had done this though the Dammage be the same yet the Guilt is lesse but the Conservatores Riparum the Overseers intrusted with the Defence of these Banks for them to destroy them the breach of Trust aggravates nay alters the nature of the offence Breach of Trust though in a private Person and in the least things is odious amongst all men much more in a publike Person in things of great and publike concernment because GREAT TRUST BINDES THE PARTY TRUSTED TO GREATEST CARE AND FIDELITY It is TREASON in the Constable of Dover Castle to deliver the Keys to the known enemies of the Kingdome Whereas if the House-keeper of a private person deliver possession to his Adversary it is a crime scarce punishable by Law The Judges under his Majesty are the Persons trusted with the Laws and in them with the Lives Liberties and Estates of the whole Kingdome This Trust of all we have is primarily from his Majesty and from him delegated to the Judges His Majesty at his Coronation is bound by his Oath TO EXECUTE JUSTICE TO HIS PEOPLE ACCORDING TO THE LAWES thereby to assure the People of the faithfull performance of his GREAT TRUST His Majesty again as he trusts the Judges with the performance of this part of his Oath so doth he likewise exact another Oath of them for their due execution of Justice to the people according to the Laws hereby the Judges stand intrusted with this part of his Majesties Oath If therefore the Judges shall doe wittingly against the Law they doe not onely break their own Oaths and therein the Common Faith and Trust of the whole Kingdome but do as much as in them lies asperse blemish the sacred Person of his Majesty with the odious and hatefull sin of Perjury My Lords the hainousnesse of this offence is most legible in the severe punishment which former Ages have inflicted upon those Judges who have broken any part of their Oaths wittingly though in things not so dangerous to the Subject as in the case in question Sir Thomas Wayland Chief Justice of the Common Pleas 17. E. 1. was attainted of Felony for taking Bribes and his Lands and Goods forfeited as appears in the Pleas of Parliament 18 E. 1. and he was banished the Kingdome as unworthy to live in the State against which he had so much offended Sir William Thorpe Chief Justice of the Kings Bench in Edward the thirds time having of five persons received five severall Bribes which in all amounted to one hundred pounds was for this alone adjudged to be hanged and all his Goods and Lands forfeited The reason of the Judgment is entered in the Roll in these words Quia praedictus Willielmus Thorp qui Sacramentum Domini Regis erga populum suum habuit ad custodiendum fregit malitiose falsò rebelliter quantum in ipso fuit There is a notable Declaration in that Judgement that this judgement was not to be drawn into example against any other Officers who should break their Oaths but onely against those qui praedictum Sacramentum fecerunt fregerunt habent Leges Angliae ad custodiendum That is onely to the Judges Oaths who have the Laws intrusted unto them This Judgment was given 24 E. 3. The next year in Parliament 25 E. 3. Numb 10. it was debated in Parliament whether this Judgement was legall Et nullo contradicente it was declared TO BE JUST AND ACCORDING TO THE LAW and the same Judgement may be given in time to come upon the like occasion This case is in point That it is death for any JVDGE wittingly to break his OATH in any part of it This OATH of THORP is entred in the Roll and the same Verbatim with the Judges OATH in 18 Edw. 3. and is the same which the Judges now take And let those who have taken the same Oath with the OATHES OF SUPREMACY and ALLEGIANCE too remember and apply this PRESIDENT lest others do it for them Your Lordships will give me leave to observe the differences between that and the case in question 1. That of Thorp was onely a selling of the Law by Retaile to these five persons for he had five severall Bribes of these five persons the Passage of the Law to the rest of the Subjects for ought appears was free and open But these Opinions are a conveyance of the Law by whole sale and that not
to but from the Subject 2. In that of Thorp as to those five persons it was not an absolute deniall of Justice it was not a damming up but a straitning onely of the Chanel For whereas the Judges ought Judicium reddere that is the Lawes being THE BIRTH-RIGHT and INHERITANCE OF THE SUBJECT the Judge when the parties in suit demand Judgment should re-dare freely restore the Right unto them now he doth not dare but vendere with hazard onely of perverting Justice for the party that buyes the Judgment may have a good and honest cause But these Opinions besides that they have cost the Subjects very dear dearer than any nay I think I may truly say than all the unjust Judgments that ever have been given in this Realm witnesse the many hundred thousand pounds which under colour of them have been levied upon the Subjects amounting to seven hundred thousand pounds and upwards that have been paid unto the Treasurers of the Navy in sundry years besides what the Subjects have been forced to pay Sheriffs Sheriffs Bailiffâ— and now an hundred times more to Troopers and Souldiers who forcibly levy their unlawfull Contributions and Excises though adjudged HIGH TREASON in Straffords case and proved such by Master St. John and otherwise which altogether as is conceived amounts not to lesse than a Million in five years space whereas we pay above two Millions in Taxes Imposts Excises every year besides the infinite vexations of the Subject by suits in Law binding them over and attendance at the Councel Table taking them from their necessary imployments in making Sesses and Collections and imprisonment of their persons all now trebled to what then I say Besides what is past to make our miseries compleat they have as much as in them is MADE THEM ENDLESSE as others since have done by uncessant endlesse Taxes and Excises for by these opinions they have put upon themselves and their successors An impossibility of ever doing us right again and an incapacity upon us of demanding it so long as they continue As the Compilers of the late Instrument with 42 Strings intitled The Government of the Common Wealth of England c. Article 1 2 3 9 10 12 22 24 25 27 28 29 31 32 36 37 38 39. have done as far as they and much beyond them In that sore famine in the land of Egypt when the inhabitants were reduced to the next door to death for there they say why should we die for bread first they give their money next their Flocks and Cattle last of all their Persons and Lands for Bread all became Pharoahs but by this Lex Regia there is a transaction made not onely of our Persons but of our bread likewise wherewith our persons should be sustained that was for bread this of our bread For since these Opinions if we have any thing at all we are not at all beholding TO THE LAW FOR IT but are wholy cast UPON THE MERCY and GOODNESSE OF THE KING Again there the Egyptians themselves sold themselves and all they had to the King if ours had been so done if it had been so done by our own free consent in PARLIAMENT we had the lesse cause to complain But it was done against our Wils and by those who were intrusted and that VPON OATH with the preservation of these things for us The Laws are our Forts and Bulwarks of defence If the Captain of a Castle only out of fear and cowardice and not for any compliance with the enemy surrender it this is Treason as was adjudged in Parliament 1 R. 2. in the two Cases of Gomines and Weston and in the Case of the Lord Gray for surrendring Barwick Castle to the Scots in Edward the thirds time though good Defence had been made by him and that he had lost his eldest Son in maintenance of the Seige and yet the losse of a CASTLE loseth not the Kingdom onely the place and adjacent parts with trouble to the whole But by these Opinions there is a Surrender made of all our Legall Defence of Property that which hath been Preacht is now judged that there is no Meum and Tuum between the KING AND PEOPLE besides that which concerns our Persons The LAW is the TEMPLE the Sanctuary whether Subjects ought to run for SHELTER and REFVGE Hereby it is become Templum sine Numine as as was the Temple built by the Roman Emperour who after he had built it put no Gods into it We have the Letter of the Law still but not the sense We have the Fabrick of the TEMPLE still but the Dii Tutelares are gone But this is not all the case that is That the law now ceaseth to aid and defend us in our RIGHTS for then possession alone were a good Title if there were no Law to take it away Occupanti concederetur melior esset Possidentis conditio But this though too bad is not the worst for besides that which is Privative in these Opinions there is somewhat Positive For now the Law doth not onely not defend us but the Law it self by temporizing Judges and Lawyers is made the Instrument of taking all away For whensoever his Majesty or his Successors shall be pleased to say that the good and safety of the Kingdome is concerned and that the whole kingdome is in danger the when and how the same is to be prevented makes our persons and all we have liable to bare Will and Pleasure By this meanes the Sanctuary is turned into a Shambles the Forts are not slighted that so they might neither do us good or hurt But they are held against us by those who ought to have held them for us and the mouth of our own Canon is turned upon our own selves And that by our own Military Officers Souldiers and others since as well as the Ship money Judges then Thus far Master Oliver St. John by the Commons Order whose words I thought fit thus to transcribe at large because not only most pertinent but seasonable for the present times wherein as in a Looking Glasse some pretended Judges and Grandees of these present and late pâ—st times may behold their own faces and deformities and the whole Nation their sad condition under them In the residue of that Printed Speech he compares the Treason of the Ship-money Judges and of Sir Robert Tresylium and his Complices in the 11 of R. 2. condemned executed for Traitors by Judgment in Parliament for endeavouring to subvert the Laws and Statutes of the Realm by their illegall Opinions then delivered to King Richard at Nottingham Castle not out of conspiracy but for fear of death and corporall Torments wherewith they were menaced whose offence he makes transcendent to theirs in six particulars as those who please may there read at leasure being over large to transcribe I could here inform you that the Fundamentall Laws of our Nation are the same in the Body Politique of
for the granting to your Majesty such a Subsidy of Tonnage and Poundage as might uphold your Profit and Revenue in as ample manner as their just care and respect of Trade wherein not only the prosperity but even the life of the Kingdom doth consist would permit But being a work which will require much time and preparation by Conference with your Majesties Officers and with the Merchants not only of London but of other remote parts they finde it not possible to bee accomplished at this time wherefore considering it will be much more prejudicial to the Right of the Subject if your Majesty should continue to receive the same without Authority of Law after the determination of a Session then if there had been a recess by Adjournment only in which case that intended Grant would have related to the first day of the Parliament and assuring themselves That your Majesty is resolved to observe that your royal Answer which you have made to the Petition of Right of both Houses of Parliament yet doubting lest your Majesty may be mis-informed concerning this particular case as if you might continue to take those Subsidies of Tonnage and Poundage and other Impositions of Merchants without breaking that Answer they are forced by that duty which they owe to your Majesty and to those whom they represent to declare THAT THERE OVGHT NOT ANY IMPOSITION TO BE LAID VPON THE GOODS OF MERCHANTS EXPORTED OR IMPORTED WITHOVT COMMON CONSENT BY ACT OF PARLIAMENT WHICH IS THE RIGHT AND INHERITANCE OF YOVR SVBJECTS FOVNDED NOT ONLY VPON THE MOST ANTIENT AND ORIGINAL CONSTITVTION OF THIS KINGDOM BUT OFTEN CONFIRMED AND DECLARED IN DIVERS STAâ—VTE LAWS And for the better manifestation thereof may it please your Majesty to understand That although your royal Predecessors the Kings of this Realm have often had such Subsidies and Impositions granted unto them upon divers occasions especially for the guarding of the Seas and safeguard of Merchants yet the Subjects have been ever careful to use such Cautions and limitations in those Grants as might prevent any Claim to be made that such Subsidies do proceed from duty and not from the free gift of the Subject and that they have heretofore limited a time in such Grants and for the most part but short as for a year or two and if it were continued longer they have sometimes directed a certain space of resensation or intermission that so the Right of the Subject might be more evident At other times it hath been granted upon occasion of Warre for certain numbers of years with Proviso that if the Warre were ended in the mean time then the grant should cease And of course it hath been sequestred into the hands of some Subjects to bee imployed for guarding of the Coasts and it is acknowledged by the ordinary Answers of your Majesties Predecessors in their assents to the Bills of Subsidy of Tonnage and Poundage that it is of the nature of other Subsidies proceeding from the good will of the Subject Very few of your Predecessors had it for life until the reign of Henry 7. who was so farre from conceiving he had any right thereunto that although he granted Commissions for collecting certain Duties and Customs due by Law yet he made no Commission for receiving the Subsidy of Tunnage and Poundage until the same was granted to him in Parliament Since his time all the Kings and Queens of this Realm have had the like Grants for life by the free love and good will of the Subject and whensoever the people have been grieved by laying any Impositions or other Charges upon their Goods and Merchandizes without authority of Law which hath been very seldome yet upon complaint in Parliament they have been forthwith releeved saving in the time of your royall Father who having through ill counsel raised the Rates of Merchandizes to that height at which they now are yet he was pleased so farre to yeeâ—d to the complaint of his people as to offer that if the value of these Impositions which he had set might be made good unto him he would bind himself and his Heirs by Act of Parliament never to lay any other which offer the Commons at that time in regard of the great burthen did not think fit to yeeld unto Nevertheless your loyal Commons in this Parliament out of their especial zeal to your Service and special regard of your pressing occasions have taken into their considerations so to frame a Grant of Subsidy of Tunnage and Poundage to your Majesty that both you might have been better enabled for the defence of your Realm and your Subjects by being secure from all undue Charges be the more encouraged cheerfully to proceed in their course of Trade by the encrease whereof your Majesties profit and likewise the strength of the Kingdom would be very much augmented But not being now able to accomplish this their desire there is no course left unto them without manifest breach of their Duty both to your Majesty and their Country save only to make this humble Declaration THAT THE RECEIVING OF TONNAGE and POVNDAGE and OTHER IMPOSITIONS NOT GRANTED BY PARLIAMENT IS A BREACH OF THE FVNDAMENTAL LIBERTIES OF THIS KINGDOM and CONTRARY TO YOVR MAJESTIES ROYAL ANSWER TO THE SAID PETITION OF RIGHT And therefore they do most humbly beseech your Majesty to forbear any further receiving of the same and not to take it in ill part from those of your Majesties loving Subjects WHO SHALL REFVSE TO MAKE PAIMENT OF ANY SVCH CHARGES WITHOVT WARRANT OF LAW DEMANDED And as by this forbearance your most excellent Majesty shall manifest unto the World your ROYAL JUSTICE IN THE OBSERVATION OF YOVR LAWS so they doubt not hereafter at the time appointed for their coming again they shall have occasion to express their great desire to advance your Majesties HONOVR and PROFIT The King dissolving this Parliament on a sudden and continuing to take Tonnage and Poundage by his Royal Prerogative without any Act of Parliament sundry Merchants upon the Commons Remonstrance refused to pay the same whereupon their Goods were seised of which they complaining in Parliament 16 Caroli were Voted full Reparations against the Customers with Dammages for the same And to prevent the Kings Claim thereunto by right with all future Demands and Collections thereof from the Subject without grant in Parliament they Declared and Enacted by three special Acts of Parliament 16 17 Caroli That IT IS and HATH BEEN THE ANTIENT RIGHT OF THE SVBJECTS OF THIS REALM That NO SUBSIDY CVSTOME IMPOST OR OTHER CHARGES WHATSOEVER OVGHT OR MAY BE LAID OR IMPOSED UPON ANY MERCHANDISE EXPORTED OR IMPORTED BY SUBJECTS DENIZENS OR ALIENS WITHOVT COMMON CONSENT IN PARLIAMENT and that if any Customer Controller or any other Officer or Person should take or receive or cause to bee taken or received the said Subsidy or any other Impost upon any Merchandize whatsoever
exported or imported except the same be due by Grant IN PARLIAMENT shall incur the penalties and forfeitures OF A PREMVNIRE to the which the King gave his Royal Assent And to prevent any future prescription thereunto by the King they discontinued it for some time and then granted it specially from Month to Month or some short space with sundry limitations and the penalty of A PREMVNIRE if otherwise received by several New Acts of Parliament to which the King gave his assent These Acts the King himself in his Proclamation of the sixteenth of December in the eighteenth year of his reign stiles THE FENCES OF THE SVBJECTS PROPERTY received from Vs and understood by Vs as one of THE GREATEST GRACES THE CROWN EVER CONFERRED ON THE SVBJECT And by that Proclamation he prohibited all his Subjects both the paiment and receipt of any Monies for Customs or other Maritine Duties contrary to this Act by any Ordinance of both Houses of Parliament under pain of a PREMUNIRE and of being likewise proceeded against as ill-affected persons to the Peace of the Kingdome Whereupon the Lords and Commons in their answer to this Proclamation though they declared that the intent and meaning of that penall Clause of a PRAEMVNIRE and other Forfeitures in these new statutes which likewise disable every person Customer Officers who should take or receive or cause to be taken or received any such subsidy or imposition upon any Merchandize during his life to sue or implead any persons in any action reall mixt or personal in any Court whatsoever was only to restrain the Crown from imposing any duty or payment on the Subjects without their consent in Parliament and that it was not intended to extend to any case whereunto the LORDS and COMMONS GIVE THEIR ASSENT IN PARLIAMENT which they never did to this New White-hall Ordinance nor the pretended Act recited in it therefore the imposers and receivers of it by vertue thereof without such assent in Parliament are within the penalties of the aforesaid Statutes Yet to avoid the danger of a Praemunire in their Officers by exacting it only by an Ordinance of both Houses without a speciall Act of Parliament they did by their first Ordinances impose and demand Customes Tonnage Poundage and new Imposts not as a Legal Duty but only BY WAY OF LOANE til the Act of Parliament for their future continuance should be assented to by the King as their Declaration of 31 December 1642. and their Ordinance of the same date concerning the subsidy of Tonnage and Poundage attest By what coulor of Law Iustice Right this antient birth-right of all English Subjects so lately declared by three Acts of Parliament to which most of our late and present White-hall Grandees were parties comes to bee lost and forfeited by our contests to preserve it or how the Customes Imposts of Tonnage and Poundage can bee now imposed continued on or exacted from the Subjects by any Powers Officers or persons Whatsoever and levied by severest penalties Forfeitures Imprisonments Seisures by pretext of this White-hal Ordinance though no waies granted by common consent and Act of Parliament without incurring a Praemunire and forementioned penalties disabilities or without subverting the Fundamental Liberty Property Franchises Laws Statutes of the whole English Nation in a farre higher degree then ever in former ages I cannot yet discern and all our New Governours Merchants Customers Officers and other persons who have any Cordial affection Love Zeal to their own or the peoples hereditary Rights and Priviledges may do well to demurre in Law upon it till they can satisfy their own and other mens consciences therein to prevent the dangerous consequences of such an ill president to posterity In the Parliament of 1 H. 4. rot Parl. n. 32 33 34 36. These were the principall Articles of impreachment exhibited against King Richard the Second for which hee was forced to depose himself as unfit to Govern and resign up his Crown to King Henry the Fourth That whereas the King of England out of the profits of the Realm and the Patrimony belonging to his Crown might live honestly without oppression of his people so as the Kingdome were not burdened with the extraordinary expences of warre that this King during the Truces between the Realm and the Adversaries thereof gave and squandered away a great part of the Crown-Lands to unworthy persons and thereupon exacted almost every year so many Taxes and Grants of Ayde from his Subjects of the Realm that hee thereby GREATLY and TOO EXCESSIVELY OPPRESSED HIS PEOPLE TO THE IMPOVERISHING OF HIS REALM That the same King being unwilling to keep and defend the just Laws and Customes of his Realm and to do according to his pleasure whatsoever should suite with his desires frequently when the Laws of his Realm were expounded and declared to him by the Justices and others of his Council who requested him to administer Justice according to those Laws said expresly with an austere and frownning Countenance THAT THE LAWS WERE HIS more suo AFTER his own MANER and sometimes THAT THEY WERE IN HIS OWN BREAST and THAT HEE ALONE COULD ALTER and MAKE THE LAWS OF HIS REALM And being seduced with this opinion he permitted not Justice to be done to very many of his Leige people but compelled very many to cease from the prosecution of common Justice That when as afterwards in his Parliament certain Statutes were made which might always bind till they were specially repealed by another Parliament the same King desiring to enjoy so great Liberty that none of these Statutes might so binde him but that he might execute and do according to the pleasure of his own Will which hee could not do of right subtilly procured such a Petition to be presented to him in his Parliament in the behalf of the Commons of his Realm and to be granted to him in the general THAT HE MIGHT BE SO FREE AS ANY OF HIS PROGENITORS WERE BEFORE HIM By colour of which Petition and Grant he frequently did and commanded to bee done MANY THINGS CONTRARY TO THE SAID STATVTES NOT REPEALED GOING AGAINST THEM EXPRESLY and WITTINGLY AGAINST HIS OATH AT HIS CORONATION That although by the Statutes and Customs of his Realm in the summoning of every Parliament his people in every County of the Realm ought to be free to elect and depute Knights for the said Counties to sit 〈◊〉 Parliament both TO RECEIVE their GRIEVANCES and TO PROSECVTE REMEDIES THEREUPON AS IT SHALL SEEM EXPEDIENT TO THEM yet the said King that he might in his Parliament be able to obtain the effect of his rash Will frequently directed his Mandates to his Sheriffs that they should cause to come to his Parliament CERTAIN PERSONS NAMED BY THE KING HIMSELF AS KNIGHTS OF THE SHIRE Which Knights verily favouring the said King he might easily enduce as he frequently did sometimes by divers threats and terrors and sometimes by gifts TO CONSENT TO THOSE THINGS WHICH WERE VERY
extravagant Heavy Taxes Contributions from the exhausted Free-born People of England especially being now pretended new Free State against all our Fundamental Lawes Statutes Franchises Charters Properties Liberties Records Parliamentary Iudgements their own late Remonstrances Declarations Votes the Presidents of all former ages yea of all our Kings coming in by the Sword to their Thrones let the Imposers of them seriously advise as they will answer it at their utmost peril to God Men and the whole English Nation who expected better things from them even a total final exemption from all such illegal Burthens after all their late Wars Agonies Expences to redeem and preserve their Lawes Liberties Estates Properties Posterities from such exorbitant Oppressions diametrically contrary to all the forecited Iudgements Resolutions Remonstrances Statutes Votes Presidents and sundry others which I shall hereafter insist on in the third Chapter of this Treatise to which I must refer you And shall we not then adventure a distresse a Prison quartering upon or any other Duresse yea Death it self rather than volutarily submit our selves and Posterities backs thereto when as we spend our Bloods Lives Treasures against lesser easier Royal Impositions How shall we answer it to God Men or our enslaved Posterities if we now most safely unworthily submit thereto in perpeâ—uity without the least legal strenuous publick oppression or debate of its legality If any here allege as some men do in Iustification of these three or rather four forecited kinds of illegal universal Taxes imposed levied on the whole Nation without consent of Parliament That they are all warranted by the Instrument of the new Gevernment Article 27 28 29. That a constant yearly revenue shall be raised setled and established for maintaining Ten Thousand Horse and Dragoons and Twenty Thousand Foot in England Scotland and Ireland for the Defence and security thereof and also for a convenient number of Ships for guarding the Seas besides two hundred thousand pounds per annum for defraying other necessary charges for Administration of Iustice and other expences of the Government which Revenue shall be raised by the Customes and such other ways and means which shall be agreed uâ—oâ— By the Lord Protector and Council and shall not be taken away or diminished nor the way agreed upon for the raising of the same altered but by consent of the Lord Protector and the Parliament That the said yearly Revenue shall be paid into the publick Treasury and issued out for the uses aforesaid That in case there shall not because hereafter to keep up so great a Defence at Land or Sea but that there be an abatement made thereof The Mony which shall be saved thereby shall remain in banke for the Publick service c. All which they in the True state of the Case of the Common-wealth p. 43 44 commend for a most excellent Provision A coâ—stant Revenue A Publike Bank or Treasury upon all occasions c. which they intend to perpetuate on the whole Kingdom without end or abatement as well in times of peace safety as of war and danger Therefore the Protector and his Counsell at Whitehall in pursuance hereof may lawfully impose by vertue of these Articles both Excise Customs Tonnage Poundage Ship-money and contributions for these ends upon our three whole Kingdoms and all the Freeborn English by printed Ordinances of their own in what Proportions and for what time they please yea and for perpetuity without consent or grant in Parliaments and restrain all future Parliaments both from taking away or diminishing them or altering the way agreed on for their raising without their Protectors consent thereto as the expresse words run and their practise yet expounds them notwithstanding all former Laws Statutes Charters Resolutions Iudgements Remonstrances Oathes Vowes Declarations Presidents either in or out of Parliament to the contrary To this I answer first that I cannot but stand amazed to hear any Army-Officers Souldiers Lawyers or persons in present trust or power who bear the name or hearts of English Freemen Saints Christians Lovers Patriots or Protectors of their Native Country of England its Parliaments Laws and Liberties to make such a stupendious irrational objection as this which justifies all the exorbitant Opinions Proceedings Taxes Oppressions Impositions of our late beheaded King Strafford Canterbury the Ship-money Iudges old Whitehall Council Table yea all our other former Kings and their evil Counsellors most irregular Exaction of mony in all ages from Brute till now and will render the very worst of all our Kings if compared with our late and present Tax-masters and pretended Assertors of our Liberties rather good gracious just righteous Princes Benefactors than Tyrants or Oppressors for the future seeing they never out of Parliament imposed enforced on their subjects any such heavy various perpetual Taxes Imposts Excises Ordinances or new Articles of the Governmentâ— as these forecited 2ly This Objection if admitted just or solid gives a private Cabinet â—uncto of obscure persons yet unknown by name unto our Nation a Superlative Super-Parliamentall Authority to contrive and set on foot a new devised Instrument to undermine and blow up all our former fundamental Laws Customs great Charters Liberties Franchises Properties Parliaments former frame of Government at one crake after all our late bloody costly contestations for their preservation both in the Supream Courts of Publick Iustice and fields of War without our privities or consents thereto either in or out of Parliament contrary to all their and our Protestations Oathes Covenants Commissions Trusts Promises Pretences And instead of English Freemen as we were before these contests and wars to strip us quite naked of all our former Freedoms Liberties Properties Customs Rights derived to us from our Noble Ancestors as the purchas of their dearest blood render us our Posterities for the future the most absolute Issachars Vassals slaves under Heaven inthralled to all sorts of intollerable illegal unpresidented incessant endlesse Taxes of all kinds without hopes of alteration or mitigation by any future Parliaments without their Protectors or his Successors voluntary consents which they cannot expect and to a constant standing Mercenary Army of Horse and Foot by Land and Navies of Hirelings by Sea to keep us and ours in perpetual Bondage under such New irregular Successive Tax-Masters who must elect their successors like themselves 3ly All our former antient Laws Statutes Parliaments till now in all changes Revolutions of State or Government ever constantly asserted maintained provided That no Tax Tallage Custom Contribution Impost Subsidy Charge Excise Loan or Payment whatsoever should be imposed on the Freemen of England without their common consent and grant in full free lawfull English Parliaments and if any were imposed otherwise by any Power or Pretext whatsoever out of Parliament that it was Null and void to all intents to bind the people But these Monstrous Articles quite turn the scales impowring a few private persons neither elected nor intruâ—ted by the people
it which would have forestalled affronted the next and all future Parliaments in their proper work of granting regulating all future Taxes according to the 6. and 30. Articles and made them meer Cyphers clearly takes away this evasion with all their former and future Whitehall Impositions after the 3 of September as contrary both to their Instrument and Oath 5ly The words of the 30th Article whereto this Saving refers are observable That they shall have power until the meeting of the first Parliament to raise Monies for defraying the Charges of the Extraordinary Forces both at Land and Sea In respect of the present Wars To which for the purposes aforesaid in the Saving relates But the present Warres being many Moneths since ended both by Land and Sea by the Peace concluded with Forreign Nations and so no need nor use of Extraordinary Forces to be still continued by Land or Sea the ancient Trayned Bands and Militia of the Realm being now well able to defend secure us at their owne cost without any Mercenary Forces Excises or Contributions only to pay them the power of raising Monies in this Saving with the grounds thereof are now at an end as well as our Warrs and the whole 27 Article too Since the old standing Militia and Trayned Bands of the 3. Nations will be a sufficient Safeguard to them without our Mercenary Army or Forces which usually prove Treacherous Supplanters Usurpers Oppressors to all who rely 〈◊〉 them whereupon our prudent Ancesters since 〈◊〉 gernes usurpation intrusted their Militia and Defence of the Realm only in the hands of the Nobility Gentry Freeholders and persons of best ability and estates not in Mercenary Armies which supplanted the Britons And our Warres now ceasing the antient Revenues Lands Customes of the Crowne and Perquisits of the Courts of Justice will be sufficient to defray all the Ordinary expences of the Government Navy old standing Garrisons if continued though useless Officers of State and Justice as they did in all former ages and still ought to do for the peoples ease and benefit 6ly It hath been the special policy care of our prudent Fore-fathers and wise Parliaments never to grant any annual Tax or Charge except Tonnage â—and Poundage in some cases for a limited time for Publike Defence unto their Kings and Governours nor usually to give them above Subsidy or one or two Fifteens or a single Escuage and sometimes not so much in any one Parliament upon any extraordinary occasion or necessity and that upon these Grounds 1. Because extraordinary Aydes ought to be granted only for and proportioned to extraordinary present emergent Necessities visibly appearing which being not lasting but momentany and various one from another no standing certain Contribution can or ought to be allotted for them but only a temporary and mutable the ordinary setled Crown Revenues being sufficient to defray all ordinary expences without other Aydes 2ly To keep a perpetual tye upon their Kings and Governours to summon frequent Parliaments and redreâ—s all their Grievances in them before they should receive any Grant of new Ayds or Subsidies from them to supply their publique Necessities to preserve a Power and Right in Parliaments to examine the grounds and present necessity of all Taxes demanded and to take an Accompt how former Taxes the Kings Revenues had been disbursed before they granted new ones All which the granting of standing annual Aydes for publique Defence would frustâ—â—e 3ly To prevent the encroaching of a constant Charge and Revenue on the People which if granted but for years life or but twice or thrice in the same kind and proportion without alteration though but as a free gift in Parliament would thereupon be claimed exacted from them afterwards as a meer just annual Right and Revenue without their future grants as Danegeld was by some of our Kings of old Imposts once granted by Edward the 3. and other Kings heretofore and the Customes of Tonnage Poundage by King Charles of late 4ly To avoid all unjust Oppressions of the people by imposing on them more Taxes at once than the present urgent necessities required 5ly To prevent the inhaunsing doubling of Taxes by any new dangerous Presidents Sir Edward Coâ—k observes in his 4 Institutes p. 33. That the Commons never used to give above one Temporary Subsidie and two Fifteens in any one Parliament and sometimes less till the Parliament of 31 Eliz. which gave 2. Subsidies and 4 Fifteens upon which first breach of this old circle and usage their Taxes still increased afterwards by degrees for in 35 39 Eliz. they rose to 3. Subsidies and 6 Fifteens in 43 Eliz. to 4 Subsidies and 8 Fifteens in 21 Jacobi to 3 Subsidies and 6 Fifteens in shorter time then had been before in 3 Caroli to 5 Subsidies in shortest time of all and now of late to constant annual Imposts Excises endless Monethly Contributions amounting to at least 3 Subsidies every Moneth 6ly Because a standing extraordinary Tax especially for years or life when once claimed or received as part of the publique Revenue would be hardly relinquished or discontinued without much contest and danger as appears by Danegeld of old and Tonnage Poundage Excise Monthly Contributions of late imposed as of right upon us by every new upstart Power and when once customarily claimed collected as a Duty will no ways ease nor exempt the people from new Extraordinary Aydes and Taxes This is evident by that memorable President concerning Abby-Lands in King Henry the 8 his reign setled on him as a large annuall standing Revenue of purpose to defend the Realm and ease the People from all future Aydes by the Parliaments of 27 H. 8. c. 28. 31 H. 8. c. 13. 32 H. 8. c. 14. Yet were these Lands no sooner setled on the Crown for these ends but in the same Parliament of 32 H. 8. the King demanded and â—ad of his Subjects one extraordinary Subsidy both of the Clergy and Laity and 34 H 8. c. 16 17. 37 H. 8. c. 24. he demanded and had the like Subsidy of them again and his Successors the like and greater Subsidies every Parliament since The like we see in the Case of Tonnage and Poundage granted only for the Defence of the Seas and Realm against Forraign Enemies Pirates Which no sooner taken by the late King as a standing Revenue of the Crown but he exacted and levied against Law a New annual Tax of Shipmony to guard the Seas for which very use he received Tonnage Poundage and the ancient Customes as our late Governors did and present do together with new Imposts and Excises and yet impose Land rates of Forty thousand pounds a Month besides to Maintain the Navy To instance in one particular more Our late new Governours made sale of all Archbishops Bishops Deanes Chapters Delinquents Kings Queens Princes and Sequestred Lands and Goods both in England Scotland and Ireland one after another under pretext
peremptorily to withstand the firs to prevent a second customary future exaction and payment in like kind pursuing the Poet Ovids old sage Counsel wherewith I shall conclude this point Principiis obsta serò medicina paratur Cum mala per longas invaluere moras How transcendently all the other Fundamental Laws Liberties Rights of our English Freeborn Nation have by late and present Governours and their Instruments been infringed subverted in an higher avowed degree than ever in former ages by forcible tyrannical Proceedings of all kindes in breaking open mens Houses by armed Souldiers and other unsworn illegal Officers Excise-men Sequestrators both by day and night seising their Persons Horses Armes Papers Writings ransacking their Studies Truncks Cabinets upon false surmises suspicions close imprisoning their persons by multitudes without before any examination particular accusation hearing trial in unusual places and some of them in remetest Isles Garrisons under Souldiers Their pressing of men for Land and Sea service and carrying them away perforce by Soldiers Troopers Officers Mariners like so many Prisoners out of their own Counties and the Realm to unnatural unchristian Warrs against their Wills and Consciences Their disinheriting many Thousands of English Freemen of all sorts of their Freeholds Lands Offices Fraâ—chises Honors Authorities spoyling them and theirs of theirs Goods Chattles Estates Lives in and by Arbitrary Committees Martial other extravagant Courts of highest Injustice Subverting Changing our ancient Fundamental Lawes Statutes and enacting New without the Peoples free consents in Lawfull English Parliaments altering the whole Frame and Constitution of our Monarchy Government and Parliaments themselves Depriving the people of the Free election of their Parliament Members and other Elective Officers contrary to our Lawes Charters Usages securing secluding the Members of Parliament themselves by armed Force dissolving Parliaments by the Sword alone without Writ or legall power contrary to Acts and Privileges of Parliament by erecting New Legislative Tax-imposing Self-created Powers not elected by the People at Whitehall and elsewhere not to be paralleld in any age By creating New-Treasons contrary to the old ones and the Statute of 25 E. 3. and condemning sequestring imprisoning executing English Peers and Freemen only for their loyalty Duty to their lawfull Soveraigns and defence of the Rights Privileges Liberties Laws of the Kingdom Parliament Nation according to their Oathes Protestations League Covenant and Gods own Precepts against the publique Enemies Oppugners Vnderminers Subvertors of and Conspirators against them By making publick wars at Land and Sea with our Christian Protestant Brethren and other Nations and concluding Leagues Truces without common consent or advice in Parliament By alienating selling giving squandring away the ancient Demesnes Lands Honours Rents Revenues Rights Inheritances of the Crown of England yea of Scotland and Ireland likewise to Officers Souldiers of the Army and others for pretended Arrears Services or inconsiderable values which should defray all the constant ordinary Expences of the Government publique State Officers Embassadours Garrisons Navy Courts of the Kingdom and ease the People from all kind of Taxes Payments Contributions whatsoever towards them except in extraordinary emergent cases and necessities in times of war requiring extraordinary expences for their publique safety supplied by Aydes and Subsidies granted only by common consent in Parliament only and not otherwise which now must be wholly or for the greatest part defrayed by the People alone out of their own exhausted private estates by endlesse Taxes Excises Contributions as appears by the 27 28 29 30. Articles of their New ill sounding Instrument foreinsisted on whiles others without right or legal Title enjoy the old standing Demesnes Lands Rents Revenues and Perquisites of the Crown for their private advantage without any Acts of Resumption usual in all former ages to keep the Kingdom Nation from becoming Bankrupts and people from oppression which should ease the people of those intollerable constant burthens lately laid upon them against all Justice Law Conscience and make insufferable wasts and spoyles of the stately Houses Timber Woodâ— Mines Forrests Parkes of the Crown without restraint to the Kingdoms extraordinary prejudice for which they ought to give an Account and make full reparations if the Earl of Devonshires case Cook 11 Reports f. 89 90 91 be Law And by sundry other particulars requiring whole Baronian volumes to recite and specifie to the full is so well known by dayly experience and multitude of Presidents fresh in memory to our whole three Nations that I shall here no further insist upon them all which experimentally confirm the truth of our Saviours own words Iohn 10 1 10. Verily verily I say unto you He that entreth not by the Doâ—r into the Sheepfold but climbeth up some other way the same is a Theef and a Robber The Theef cometh not but steal and to kill and to destroy Whatever his pretences be to the contrary And this rule of Johannes Angelius Wenderhagen Politiae Synopticae lib. 3. c. 9. sect 11. p. 3. 10. Hinc Regulae loco notandum Quod omne Regnum vi Armata acquisitum in effectis Subditos Semper in durior is Servatutis conditiones arripiat licet a principio Dulcedinem prurientibus spirare videatur which we now find most true by sad sensible experience Ideâ— cunctis hoc cavendum Ne temere se seduci patiantur FINIS This Epistle should have been printed before the first part but was omitted through hast a See the several Epistles of Frederick the Emperor against Pope Gegory the 9 and Innocent the 4 recorded by Mat. Paris p. 332. to 693. sparsim b See Extraâ— de Majoritate Obedientia Augustinus Triumphus Bellarminus Becanuâ— and others De Monarchia Remani Pontificis Hospiniaâ— Hist Jesui l. 3 4. * Henricus de Knighton de Eventibus Angli ae l. 2. c. 14 15. c See Massaeus Vegius Petrus Ribadeniera in vita Ignatii Loyolae Heylins Micracosme p. 179. d See Lewis Owen his Jesuites Looking-glass printed London 1629. the Epistle to the Reader and p. 48 to 58. Jubilaeum sive speculum Jesuitiâ—um printed 1644. p. 307 to 213. Hospinian Hist Jesuitica l. 2. * Speculum Jesuiticum p. 210. See Romes Master-peice Conterburies Doom p. 435 c. Hiddeâ— works of Darkness 88 144. e Mercure Iesuâ—le tom 1. p. 67. Speculum Jesuitieum p. 1. 56. f See Lewis Owen his running Register his Jesuited Looking glass The Anatomy of the English Nunnery at Lisbone g De Monarchia Hispanica p. 146 147 148 149 204 234 235 236 185 186. h See Thomas Campanella de Monarchia Hispaniae Watsons quodhbets Coâ—loni Posthuma p. 91. 10 107. Cardinal de Ossets Letters Arcana Imperii Hispanici Delâ—h 1628. Advice a tous les Estat's de Europe touches les maximas Fundamentales de Government dissâ—iennes Espaginols Paâ—is 1625. i Set my Speccb in Parliament p. 107. â—o 119. and the History of Independency k Exact Collâ—ction p. 651 652 662 666 813