Selected quad for the lemma: justice_n

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justice_n	king_n	lord_n	year_n	6,040	5	5.1085	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91263	A seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all English freemen (their best inheritance, birthright, security, against arbitrary, tyrannicall, and Egyptian burdens) and of their strenuous defence in all former ages; of late years most dangerously undermined, and almost totally subverted, under the specious disguise of their defence and future establishment, upon a sure basis, their pretended, greatest propugners. Wherein is irrefragably evinced by Parliamentary records, proofs, presidents, that we have such fundamentall liberties, ... that to attempt or effect the subversion of all or any of them, ... is high treason: ... / By William Prynne of Swainswick, Esquire.; Seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all English freemen. Part 1	Prynne, William, 1600-1669.	1654 (1654)	Wing P4062; Thomason E812_10; ESTC R207634	45,225	63

the death of the Dukes of Glocester Lancaster and other Peers who maintained the Commission confirmed by act of Parliament X. R. 2. and assembling people in a warlike manner in the County of Chester for the effecting of it in destruction of the Estates of the Realm and OF THE LAWES 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 wherupon 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 insucceeding ages worth serious perusall 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 TRAITOR John Cade calling himself sometimes Mortimer sometime Captain of Kent which Name Fame Acts and Feats to be removed out of the speech and mind of every faithfull Christian man perpetually falsly and trayterously purposing and imagining the perpetual destruction of the KINGS PERSON and FINALL SVBVERSION OF THIS REALM taking upon him * And have not others of late assumed to themselves more Royal power than he resolved to be Treason by 21. E. 3. Rot. Parl. n. 15. ROYALL POWER and gathering to him the Kings people in great number BY FALSE SUBTIL IMAGINED LANGUAGE 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 spirituall and Temporall 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 Nota. and that all His Tyranny Acts Facts false Opinions shall be voyded abated adnulled destroyed and put out of remembrance for ever And that all indictments in time coming in like case under power of Tyranny Rebellion and stirring had shall be of no regard nor effect but void in Law and all the Petitions * To wit by Cade and his confederates for the alteration of the Laws c. delivered to the said King in his last Parliament holden at Westminster the sixth day of November the 29. of his Reign against his mind by him not agreed shall be taken and put in oblivion out of remembrance undone voided adnulled and destroyed for ever as a thing purposed against God and his Conscience and against his Royall estate and preheminence and also DISHONOVRABLE andVNREASONABLE 5. In the a See Mr. St. Iohns Argument against Strafford p. 178. Halls Chronicle and Hollinshed 8 year of King Henry the 8. William Bell and Thomas Lacy in the County of Kent conspired with Thomas Cheyney the Hermite of the Queen of Fairies TO OVERTHROW THE LAWS AND CVSTOMES OF THE REALM for effecting whereof they with 200. more met together and concluded upon a cause or raising greater forces in Kent and the adjacent Shires this was adjudged high Treason and some of them executed as Traytors Moreover it b Cooks 3. institutes p. 9. 10. was resolved by all the Judges of in the reign of Henry 8. that an Insurrection against the Statute of Labourers or for the inhansing of Salaries and wages was TREASON a levying war against the King BECAUSE IT WAS GENERALLY AGAINST THE KINGS LAW and the offendors took upon them THe REFORMATION THEREOF which Subjects by gathering of power ought not to do a Cooks 4. Institutes ch 8. p. 89. to 96. 6. On December 1. in the 21. year of King Henry the 8. Sir Thomas Moore Lord Chancellour of England with 14. more Lords of the Privy Councel John Fitz-James Chief Justice of England and Sir Anthony Fitzherhert one of the Judges of the Common Pleas exhibited sundry Articles of impeachment to King Henry the 8. against Cardinall Wolsy That he had by divers and many sundry wayes and fashions committed High treason and NOTABLE GRIEVOUS OFFENCES misusing Altering and subverting the order of his Graces Lawes and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royall to the inestimable great hinderance diminution and decay of the uniuersall Wealth of this his Graces Realm The Articles are 43. in number The 20 21 26 30 35 37 42 43. contain his illegall arbitrary practices and proceedings to the subversion of the due course and order of his Graces Lawes to the undoing of a great number of his loving people Whereupon they pray Please therefore your most excellent Majesty of your excellent goodnesse towards the Weal of this your Realm and Subjects of the same to see such order and direction upon the said Lord Cardinall As may be to terrible example of other to beware to offend your Grace and your Lawes hereafter And that he be so provided for that he never have any Power Jurisdiction or Authority hereafter to trouble vex or impoverish the Common wealth of this your Realm as he hoth done heretofore to the great hurt and dammage of every man almost High and low * See Speed Holished Grafton Stow Antiquitates Ecclesiae Brit. p. 378. 379. and Goodwin in his life time His poysoning himself prevented his judgement for these his Practises b M. St. Iohns Argument against Strafford 7. The Statute of 1. Marie c. 12. Enacts that if 12. or more shall endeavour By force to alter any of the Laws or Statutes of the Kingdome the offender shall from the time therein limited be adjudged ONELY AS A FELON whereas it was Treason before but this Act continuing but till the next Parliament and then expiring the offence remains Treason as before a Cook 3 Inst c. 1. 9 10. and M. St. Iohns Argument at Law against Strafford p. 15 16. 8. In the 39. of Queen Elisabeth 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. Elisabeth it was resolved by all the judges of England who met about the case That this was High Treason and a levying Warre against the Queen because it was to throw down all inclosures throughout the Kingdome to which they could pretend no right and that the end of it was to OVERTHROW THE LAWS AND STATUTES for Inclosures Whereupon BRADSHAW and BURTON two of the principall offenders were condemned and executed

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 forreign 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 to come in this way will be unready uncertain there can be no assurance of them no dependence upon them either for time or proportion And if some money be gotten in such a way the Distractions the Divisions Distempers which this cause is apt to produce will be more prejudiciall to the publick safety than the Supply can be advantageous 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 * Was ever their power violence so unlimited unbounded in all Kinds as now limit and restrain the excessive power and violence of great Men to open passages of Justice with indifference 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 but for the Advancement and Incouragement of evil Such men as are * Is it not most true of late and still aptest for the execution and maintenance of this power are onely capable of Preferment and others will not he Instruments of any unjust Commands who make conscience to do any thing against the Law of the Kingdome Nota. and Liberties of the Subject are not only not passable for imployment but SUBJECT TO MUCh JEALOUSIE and DANGER Is not this their Condition of late and present times expertus loquor 4. That all Accidents and events all Counsels and Designs should be improved to the publick 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 Subersions of the Lawes violation of Liberties can never be good or justifiable by any circumstance or occasion being evil in their own nature how specious or good soever they be pretended He alledgeth it was a time of GREAT NECESSITY and DANGER Nota. 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 evil Counsel 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 Design and endevour of the Authour it was to be A CONSTANT and PERMANENT TREASON a standing perpetual Treason which would have been in continuall 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 a crime 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 IN ANY STATE Let those consider it who are guilty of it in the highest Degree beyond Strafford Canterbury or the Shipmony Judges in our own State The Lawes 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 * And others as well as he of farre inseriour place and Estate pay all these Forfeitures will still be a Debtor to the Common wealth Nothing can be more equall then 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 Originall of this Kingdome And if it hath not been put in execution as he alledgeth this 240 years it was not for want of Law but that all that time had not bread a man * But have not our times bred men much bolder then he since this Sp●ech was made and he executed bold enough to commit such crimes as these which is a circumstance much aggravating his Offence and making him no lesse liable to punishment because he is THE * Since he hath many followe●s ONELY MAN that in so long a time hath ventured UPON SUCH A TREASON AS THIS ' Thus far M. 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 trayterously endevoured to subvert the Fundamentall Lawes Liberties of England and Ireland and to introduce an arbitrary and Tyrannicall Government against Law as much as ever Strafford did and 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 equall or exceed him in conclusion in Capitall punishments for the same or endlesse Hellish Torments The next Authority I shall produce in point is The speech and Declaration of Mr. Oliver St. John at a Conference of both Houses of Parliament concerning Shipmony upon Judge Finches Impeachment of High Treason January 14. 1640. printed by the Commons Order London 1641. wherein he declares the sense of the Commons p. 12. c. ' That by the Judges Opinions forecited concerning Shipmony THE FUNDAMENTAL LAWS OF THE REALM CONCERNING OUR PROPERTY and OUR PERSONS ARE SHAKEN Whose Treasonable Offence herein he thus aggravates p. 20. c. The Judges as is declared in the Parliament of 11. R. 2. are the Executors of the Statutes and of the Judgements and Ordinances of Parliament They have here made themselves the * Have none done so since them EXECVTIONERS OF THEM they have endevoured THE DESTRVCTION OF THE FVNDAMENTALS OF OVR LAWS and LIBERTIES Holland in the Low-Countries lies under the Sea the Superficies 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 See chap. 2. even Forreign Authours as Comines observes Proposition 1. That the Statute DE TALLAGIO and the other old Laws are the Sea walls and Banks which keep the Commons from the innundation of the Prerogative These

punishm●nt again and again and i●stifie it still in 〈◊〉 at his pleasure dissolve this Parliament the Kingdom is not only deprived of the present but made uncapable of enjoying the benefit of any future Parliament or Laws any longer then shall stand with the will and pleasure of the King and consequently THE FUNDAMENTALS OF ALL OUR LAWS GOVERNMENT ARE SUBVERTED Let the Parliament-dissolving Officers Army and their Confederates seriously ponder this with all who shall hereafter sit in Parliamen● consider it in the first place The eleventh is ●1 the a A Collection c. p. 504. Ordinance of both Houses of Parliament 13. Junii 1644. for the Forces raised in the County of Salop which begins thus The Lords and Commons assembled in Parliament taking into their serious considerations the great oppressions under which the Inhabitants of the County of Salop by reason of insupportable Taxes c. and the present condition of the County by reason of the great number of Irish Rebels that have invaded it and joyned with Papists and other ill-affected Persons now in those parts doth threaten the extirpation of the Protestant Religion and the s●b●e●sion of THE FUNDAMENTAL LAWS GOVERNMENT OF THE KINGDOM For prevention whereof c. The twelfth is b A Collection c. p. 877 878 879. A Declaration of the Commons of England assembled in Parliament 17. 12. Aprilis 1646. Of their true intentions concerning the AN●●IENT FUNDAMENTAL GOVERNMENT OF THE KINGDOM securing the people against ALL ARBITRARY GOVERNMENT c. wherein they complain That the Enemy being in despair to accomplish his designs by War do misrepresent our intentions in the use we intended to make of the great Successes God hath given us and the happy opportunity to settle peace and truth in the three Kingdoms to beget a belief that we now desire to exceed or swerve from our first Aims and Principles in the Undertaking of this War and to recede from the Solemn League and Covenant and Treaties between the two Kingdoms and that we would prolong these uncomfortable Troubles ●nd b●eeding Distractions IN * And is not this now proved a real exper●●mental 〈◊〉 in some of 〈◊〉 Remonst●●s to their shame ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION FRAME OF THIS KINGDOM to leave all Government in the Church loose and unsetled and our selves to exercise THE SAME ARBITRARY POWER OVER THE PERSONS ESTATES OF THE SUBJECTS which this present Parliament hath thought fit to abolish by taking away the Star-Chamber High Commission and other Arbitrary Courts and the exorbitant Power of the Councel Table all which we have seen since experimentally verified in every particular in the highest d●gree notwithstanding this Declaration by some in late and present Power notwithstanding this Publication All which being seriously considered by us c. We do declare THAT OUR TRUE REAL INTENTIONS ARE OUR ENDEAVOR SHALL BE to settle Religion in the purity thereof * And can most of the 〈◊〉 monst●●ns 〈…〉 or present power 〈…〉 joy this 〈◊〉 truth or really And must not they be utterly asham●ed confounded before God and men when they consider how they have dissembled prev●ri●ated with God and men herein in each particular TO MAINTAIN THE ANCIENT FUNDAMENTAL GOVERNMENT OF THIS KINGDOM TO PRESERVE THE RIGHTS LIBERTIES In the b Walsingha● Stow Hollinshed Speed Grafton Baker An. 5. R. 2. John Stows Survay of London p. 89. 10 103. Mr. St. Iohns Argument at Law at Straffords Attainder p. 14 fifth year of King Richard the second the vulgar Rabble of people and Villains in Kent Essex Sussex Norfolk Cambridgeshire and other Countries under the Conduct of Wat Tyler Jack Straw and other Rebels assembling together in great multitudes resolved by force and violence to abrogate the Law of villenage with all other Lawes they disliked formerly settled 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 Innes 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 elect pettie elective Tyrannies and Kingdoms to themselves in every Shire a project eagerly prosecuted by some Anarchicall Anabaptists and Jesuites 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 for the present they took an Oath of all they met Quod Regi communibus fidelitatem servarent that they should keep Allegeance and faith to the King and Commons 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 against the Law for which divers of the chief actours in this Treasonable Design were condemned and executed as Traitors in severall places and the rest enforced to a publick submission and then pardoned 2. In the a Stow Holinshed Sp●ed Graften Baker in XI 21. R. 2. and 1. H. 4. Satutes at large 11. and 21 R. 2. 1. H. 4 M. St. ●ohns Speech concerning the shipmony Judges p. 28. to 37. And Argument at Law at Straffords Attainder Parliament XL. R. 2. as appears by the Parliament Rolls and printed Statutes at large three Prive Councellours the Archbishop of York the Duke of Ireland and Earl of Suffolk the Bishop of Exeter the Kings Confessour five Knights six Judges whereof Sir Robert Tresilian 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 Traytors the rest banished their Lands and goods forfeited and none to endevour to procure their pardon under pain of Felony for endeavouring to overthrow a Commission for the good of the Kingdome and contrary to an Act of Parliament of force of arms and Opinions in Law delivered to the King 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 3. In the a Mr. St. John at Law against Straffords Attainder p. 13. 14 17. Parliament of 17 R. 2. n. 20. and Pas 17. R. 2. B. RS. Ror 16. Sir Thomas Talbot was accused and found guilty of High Treason for conspiring

at Aiciston Hill in Oxfordshire where they intended their first meeting b See the Journals of both Houses and Act for his Attainder Mr. Pyms Declaration upon the whole matter of the Charge of High Treason against him April the 12. 1641. M. St. Iohns Argument at Law at his Attainder and Diurnal Occurrences 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 1640. 1641. 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 ENDEVOURED by his Words Actions and Counsels to SUBVERT THE FUNDAMENTALL LAWS OF ENGLAND and IRELAND and introduce an Arbitrary and Tyrannicall Government This the whole Parliament declared and adjudged to be High Treason in and by their votes and a speciall Act of Parliament for his Attainder for which he was condemned and soon after executed on Tower Hill as a Traytour to the King and Kingdome May 22. 1641. c See the Commons and Lords Iournals his printed impeachment Mr. Pyms Speech thereat Canbuties Doom p. 25 26 2● 38 40 10. The whole House of Commons the same Parliament impeached William Laud Archbishop of Canterbury of HIGH TREASON in these very terms February 6. 1640. First That he hath trayterously endeavoured to subvert Fundamentall Lawes and Government of this Kingdome of England and instead thereof to introduce An Arbitrary and Tyrannicall Government against Law See chap. 2. Proposition 1. and he to that end hath wickedly and TRAYTEROUSLY advised his Majesty that he might at his own will and pleasure L●vy and take money of his Subjects without their consent in Parliament and and this he affirmed was warrantable by the Law of God Secondly He hath for the better accomplishment of that his Trayterous design advised and procured Sermons and other Discourses to be preached printed and published in which the Authority of Parliaments and the force of the Lawes of this Kingdome have been denyed and absolute and unlimited Power over the persons and estates of his Majesties Subjects maintained and defended not onely in the King but in himself and other Bishops against the Law Thirdly He hath by Letters Messages Threats and promises and by divers other wayes to Judges and other Ministers of Justice interrupted perverted and at other times by means aforesaid hath endevoured 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 Tyrannical will to their ruine and destruction Fourthly That he hath trayterously endevoured to corrupt the other Courts of Justice by a vising and procuring his Majesty to sell places of Judicature and other offices CONTRARY TO THE LAWS and CUSTOMES in that behalf Fifthly He hath TRAYTEROUSLY caused 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 to 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 trayterously endevored 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 divers Popish Doctrines and opinions contrary to to the Articles of Religion ESTABLISHED BY LAW He hath urged and enjoyned divers Popish and Superstitious Ceremonies WITHOVT ANY WARRANT OF LAW and hath cruelly persecuted those who have opposed the same by corporall punishments and imprisonments and most unjustly vexed others who refused to conform thereunto by Eccclesiasticall Censures Excommunication Suspension Deprivation and Degradation CONTRARY TO THE LAWS OF THIS KINGDOME 13. 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 and other his Trayterous Courses he hath laboured to Subvert the Rights of Parliament and the ancient Course of Parliamentary Proceedings and by false and malicious slanders to incense his Majesty against Parliaments All which being proved against him at his Triall were after solemn Argum●nt 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 Kingdome on Tower hill January 10. 1644. 11. In the a See the Commons and Lords Journals Durnal Occurrences p. 15 16 19. 37. 191. to 264. and Mr. St. Iohns Speech at a conscience of both Houses of Parliament concerning shi●mony and these Judges Together with the Speeches of Mr. Hide Mr. Walker Mr. P●erpoint Mr. Denzill Hollis at their impeachments ●uly 16. 1641. aggravating their offences in Diurnall Occurrences and Speeches same Parliament December 21. Jan. 14. February 11. 1640. and July 6. 1641. Sir John Finch then Lord Keeper chief Justice Bramston Judge Berkly Judge Crawly Chief Baron Davenport Baron Weston and Baron Turnour were accused and impeached by the House of Commons by several Articles transmitted to the Lords OF HIGH TREASON for that they had Traitorously and wickedly endeavoured to subvert the Fundamentall Laws and est●blished Government of the Realm of ENGLAND and instead thereof to introduce an Arbitrary and Tyrannicall Government against Law which they had declared by Traiterous and wicked words opinions judgement 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 See ch 2. Proposition 1. 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 same is to be prevented and avoided And likewise for arguing and giving iudgment accordingly in Master John Hempdens case in the Exchequer Chamber in the point of Ship money in Aprill 1638. which said Opinions

are Destructive to the Fundamental Laws of the Realm the subjects Right of Propriety and contrary to former Resolutions in Parliament and the Petition of Right as the words of their several Impeachments run Sr. John Finch fled the Realm to preserve his head on his Shoulders some others of them d●ed through fear to prevent the danger soon after their Impeachments and the rest put to Fines who were lesse peccant 12. Mr. John Pim in his Declaration upon the whole matter of the Charge of High Treason against Thomas Earle of Strafford April 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 Fundamentall Law 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 Salus 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 Rapins Oppressions Perjuries There is in this Crime a Seminary of all evills 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 Nota. 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 man great enormities * And are they not so now 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 Governm●nt of Ireland and England too since this The Law hath a power to prevent to restrain to repair evils without this all kind of mischiefs and distempers will break in upon a State It is the Law that doth 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 Liberty whiles these move in their own O●b 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 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 safeguard the custody of all private interests your honours your lives your liberties and 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 follows There cannot be a word more pregnant and fruitfull IN TREASON then 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 Acts 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 hurtfull 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 causes of great 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 of the tragicall end of Princes If any man shall look into our own Stories in the times Nota. when the Laws were most neglected he shall find them full of Commotions of Civil Distempers whereby the Kings that then raigned were alwayes kept in want and distresse the people consumed with CIVIL WARRES and by such wicked Counsels as these some of our Princes have been brought to such miserable ends As * Note this all whole commons-house Opinion then 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 leasure 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 a way Peace and so intangle the Nation with warres but doth corrupt Peace and powrs such a malignity into it as produceth the effects of War both to the * Is not this an experimentall truth now 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 pain● 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 Coin though but a piece of twelve pence or six pence and must it not needs be the effect of GREATER TREASON to * And were they ever so base cowardly slavish as now 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.

alledged by him against the Shipmony Judges Page 12. It is a Warre against the King Let our Military Officers and souldiers consider it when intended The alteration of the laws or Government in any part of them This is a levying Warre against the King and so Treason within the Statute of 25 E 3. 1. Because the King doth maintain and protect the laws in every part of them 2. Because they are the Kings laws He is the Fountain from whence in their severall Channells they are derived to the Subject Whence all our indictments run thus Trespasses laid to be done Contra pacem Domini Regis c. against the Kings Peace for exorbitant offences though not intended against the Kings Person against the King his Crown and dignity ' Page 64. In this I shall not labour at all to prove That the endevouring by words Counsels and actions To subvert the Fundamentall Laws and Government of the Kingdome is Treason at the Common Law If there be any Common Law Treasons at all left NOTHING TREASON IF THIS NOT TO MAKE A KINGDGME NO KINGDOME Take the Polity and Government away England's but a piece of earth wherein so many men have their commerce and abode without rank or distinction of men without property in any thing further than in possession no Law to punish the murdering or robbing one another ' ' Page 70 71 72. The horridnesse of the offence in endeavouring to overthrow the Lawes and present Government hath been fully opened before The Parliament is the representation of the whole Kingdome wherein The King as Head your Lordships as the more Noble and the Commons the other Members are knit together in one body Politick This dissolved the Arteries and Ligaments that hold the body together THE LAWES He that takes away the Laws takes not away the Allegiance of one Subject onely but of the whole Kingdome It was made Treason by the Statute of 13 Eliz. for her time to affirm That the Lawes of the Realme doe not bind the descent of the Crown No Law no descent at all NO LAWES NO PEERAGE no ranks nor degrees of men the same condition to all It s Treason to kill a Judge upon the Bench this kills not Judicem sed JVDICIVM There be twelve men but no Law never a Judge amongst them It s felony to embezel any one of the Judiciall Records of the Kingdome THIS AT ONCE SWEEPS THEM ALL AWAY and FROM ALL. It s Treason to countefeit a twenty shilling piece here 's a counter feiting of the Law we can call neither the counterfeit nor the true coin our own It s Treason to counterfeit the Great Seal for an Acre of Land No property is left hereby to any Land at all Nothing Treason now against King or Kingdome No Law to punish it My Lords if the Question were asked in Westminster Hall whether this were a Crime punishable in Star chamber or in THE KINGS BENCH by Fine or imprisonment They would say It were higher If whether Felony They would say That is an offence onely against the life or goods of some one or few persons It would I believe be answered by the Judges as it was by the Chief Justice Thirning in 21 R 2. That though he could not judge the Case TREASON there before him yet if he were a Peer in Parliament HE WOVLD SO ADJVDGE IT And so the Peeres did here in Straffords and not long after in Canterburies Case who both lost their Heads on Tower Hill ' I have transcribed these Passages of Mr. Oliver St. John at large for five Reasons 1. Because they were the voice and sense of the whole House of Commons by his mouth who afterwards owned and ratified them by their speciall Order for their publication in print for information and satisfaction of the whole Nation and terrour of all others who should after that either secretly or openly by fraud or force directly or indirectly attempt the subversion of all or any of our Fundamentall Laws or Liberties or the alteration of our Fandamentall Government or setting up any arbitrary or Tyrannicall power Taxes Impositions or new kinds of arbitrary Judicato●ies and imprisonments against these our Laws and Liberties 2. To mind an inform all such who have not only equalled but transcended Strafford and Canterbury in these their High Treasons even since these Publications Speeches and their exemplary executions of the hainousnesse in excusablenesse wilfulnesse maliciousnesse Capitalnesse of their crimes which not onely the whole Parliament in generality but many of themselves in particular so severely prosecuted condemned and inexorably punished of late years in them that so they may bewail repent of and reform them with all speed and diligence as much as in them lies And withall I shall exhort them seriously to consider that Gospel terrifying Passage Rom. 2. 1 2 3. Therefore thou art inexcusable O man whosoever thou art that judgest for wherein thou judgest another tbou CONDEMNEST THY SELF FOR THOU THAT JUDGEST DOEST THE SAME THINGS But we are sure that the judgement of God is according to truth against them which commit such things And thinkest thou this O man that judgest them which do such things and doest the same that thou shalt escape the Judgement of God 3. To excite all Lawyers especially such who of late times have taken upon them the stile and power of Judges to examine their consciences actions how far all or any of them have been guilty of these crimes and Treasons so highly aggravated and exemplarily punish●d of former and later times in corrupt cowardly time-serving degenerate Lawyers and Judasses rather than Judges to the disgrace of their Profession and prejudice of the Fundamentall Lawes Liberties Rights Priviledges of our Nation Peers Parliaments subversion of the Fundamentall Government of this famous Kingdome whereof they are Members 4. To instruct those Jesuited Anabaptists Levellers and their Factors especially John Canne and the rest of the Compilers Publishers Abetters of the Pamphlet intituled Lieutenant Colonel Lilburn tried and cast and other forementioned publications who professedly set themselves by words writing Counsels and overt Acts to subvert both our old Fundamentall and all other Laws Liberties Customes Parliaments and Government what transcendent Malefactor● traytors and Enemies they are to the publick and what Capitall punishments they may thereby incurre as well as demerit should they be legally prosecuted for the same and thereupon to advise them timely to repent of and desist from such high Treasonable Attempts 5. To clear both my self and this my seasonable Defence of our Fundamentall Lawes Liberties Government from the least suspition or sh●dow of Faction Sedition Treason and Enmi●y to the publick peace weal settlement of the Nation which those and those onely who are most Factious and seditious and the greatest Enemies Traytors to the publick tranquility weal and establishment of our Kingdome as the premises evidence will be ready maliciously to asperse both me and it with as they