greatest pretenders to publike Liberty Law and the â—heifest inveighers against Arbitrary Regal Tyranny and Power which never publikely established such arbitrary illegal Tryals and new Butcheries of Christian English Freemen by any law and may fall to imitate them in future Ages by their example Each of these I intend to prosecute in distinct Chapters in their order CHAP. 1. 1. For the first of these That the Kingdome and Freemen of England have some ancient Hereditary Rights Liberties Priviledges Franchises Laws and Customs properly called FVNDAMENTAL and likewise a FVNDAMENTALL GOVERNMENT no wayes to be altered undermined subverted directly or indirectly under pain of High Treason in those who shall attempt it especially by fraud force or armed power I Shall confirm the first part of it by these ensuing punctual Authorities of moment against those traiterous late published Pamphlets which professedly deny it and endeavour a totall abrogation of all former Lawes to set up a New modell and Body of the law to rule us for the future according to their pleasures The first is the expresse words of the great Charters of the Liberties of England granted by King John Anno 1215. in the 16 year of his Reign Regranted and confirmed by King Henry the third in the 9 year of his Reign and sundry times afterwards and by King Edward the first in the 25 and 28 years of his reign Wherein these three Kings successively by their several grand Charters under their great Seals did grant give and confirm to all the Nobility is and ever shall be far from the thoughts and intents of all good Kings Governours and Parliament who bear a sincere care and affection to the Subjects of England to alter or innovate them 3. That by these ancient good Laws Priviledges and customs not only the Kings Regall Authority but the peoples Security of lands livings and priviledges both in general and particular are preserved and maintained 4. That by the abolishing or altering of them it is impossible but that present confusion will fall upon the whol state and frame of this Kingdom Which I wish all Innovators and New Modellers of our Lawes and Government would now at last lay seriously to heart and the whole Kingdome and English Nation sadly consider who have found it an experimental truth of late years and no imaginary seigned speculation 3. The third is The Remonâ—trance of the whole House of Commons in Parliament delivered in Writing to King James in the Parliament of 7. Jacobi Anno 1610. which begins thus To the Kings most Excellent Majesty Most Gracious Soveraign Whereas we your Majesties most humble Subjects the Commons assembled in Parliament having received first by Message and since by speech from your Majesty a Command of restraint from debating in Parliament your Majesties Right of imposing upon your Subjects Goods exported out of or imported into this Realm yet allowing us to examine the grievance of these Impositions in regard of quantity time and other circumstances of disproportion thereto incident We your humble Subjects nothing doubting but that your Majesty had no intent by that command to infring the ancient and fundamentall Rights of the Liberty of PARLIAMENT in point of exact discussing of all matters concerning them and their Possessions Goods and Rights whatsoever Which yet we cannot but conceive to be done in effect by this Command Do with all humble Duty make this Remonstrâ—nce to your Majesty First we hold it an Ancient general and undoubted Right of Parliament to debate freely all matters which do properly concern the Subject and his Right or Estate which freedome of debate being once fore-closed the essence of the Liberty of Parliament is withall dissolved c. Here the whole House of Commons in a speciall Remonstrance to King James printed and published by Order of a Committee of the House of Commons for licensing of Books dated 20 Maii 17. Caroli 1641. Declare resolve vindicate and maintain one principal ancient fundamentall general undoubed right of the Liberty of Parliament against the Kings intrenchment on it Of which should they be but once fore closed the Essence of the Liberty of Parliament is withall dissolved And peradventure it may not be unworthy the most serious disquisition of the next ensuing nominal or real Parliament to examine whether some clauses and restrictions in the 9. 12. 14. 16 17. 21. 22. 24 25. 27. 30. 32 33. 36 37 38 39 40. Articles or strings of the New Instrument intituled The Government of the Common-wealth of England Scotland and Ireland and the Dominions thereunto belonging as it was publikely declared at Westminster the 16. day of December 1653 c. do not as much nay far more intrench upon the ancient Fundamental General undoubted Rights and Liberty of Parliament and parliamentary free debates to the dissolution of the Essential liberty of all future Parliaments as this Command of King James did or as the Bishops late Canons imposed on the Clergy in and by the Convocation Anno 1640. ever did and this clause in their c. Oath then made now imitated by others who condemned it I. A. B. do swear that I will never give my consent to alter the Government of this Church by Arch-bishops Bishops Deans and Arch-Deacons c. as it stands now established and as by right it ought to stand Which clause and Oath imposed onely on the Clergy-men Resolved by the whole House of Commons and Peers too in Parliament without one dissenting voice December 16. 1640. to be a most dangerous illegal Oath contrary to the Rights and Priviledges of Parliament and to the Fundamental Laws and Statutes of the Realuâ— c. and of dangerous consequence the contriving whereof was objected to the late Archbishop of Caterbury in his original Articles of High Treason for which amongst other things he lost his head The fourth is the notable Petition of Grievances of the whole House of Commons in Parliament presented to King James in the seventh year of his Reign after their Vote against his Right to levy Impositions on goods imported or exported without assent and grant of Parliament in these ensuing words The Policy of this your Majesties Kingdomes appropriates unto the Kings of this Realm with assent of Parliament as well the Soveraign power of making Laws as that of taxing or imposing upon the Subjects Goods or Merchandises wherein they have justly such a property as may not without their consent be altered or changed this is the cause that the people of this Kingdome as they have ever shewed themselves faithfull and loving to their Kings and ready to aid them in all just occasions with voluntary contributions so have they been ever careful to preserve their own Liberties and Rights when any thing hath been done to prejudice or impeach the same And therefore when their Princes either occasioned by war or by their own bounty or by any other necessity have without consent of
Bull the Jesuites after her decease disswaded the Romish-minded Subjects from yielding in any wise obedience to King James as their Soveraign and entrâ—d into a Treasonable Conspiracy with the Lord Cobham Lord Gray and others against him to imprison him for the ends aforesaid or destroy him pretending that King Iames was no King at all before his Coronation and that therefore they might by force of Arms lawfully surprise his person and Prince Henry his Son and imprison them in the Tower of London or Dover-Castle till they inforced them by duress to grant a free toleration of their Catholick Religion to remove some evil Counsellors from about them and to grant them a free Pardon for this violence or else they would put some further project in execution against them to their destruction But this Conspiricy being discovered The Traytors were apprehended arraighned condemned and Watson and Clerk two Jesuited Priests who had drawn them into this Conspiracy upon the aforesaid Pretext with some others executed as Traytors all the Iudges of England resolving that King Iames being right Heir to the Crown by descent was immediately upon the death of Queen Elizabeth actually possessed of the Crown and lawful King of England before any Proclamatâ—on or Coronation of him which are but Ceremonies as was formerly adjudged in the case of Queen Mary and Queed Iane 1 Mariae there being no Interregnum by the Law of ENGLAND as is adjudged declared by Act of Parliament 1 Iac. c. 1. worthy serious perusal 8. their horrid Gun-powder Treason Plot contrived fomented by Garnet Superiour of the English Jesuites Gerard Tensmod and other Jesuites who by their Apostolical power did not onely commend but absolve from all sin the other Jesuited Popish Conspirators and Faux The Sculdier who were their instruments to effect it Yea the Jesuitical Priests were so Atheistical as that they usually concluded their Masses with Prayers for the good success of this hellish Plot which was suddenly with no less then 36 Barrels of Gunpowder placed in a secret Vault under the House of Lords to have blown up and destroyed at once King James himself the Queen Prince Lords Spirituall and Temporal with the Commons assembled together in the Upper-House of Parliament upon the 5 of November Anno Dom. 1605. and then forcibly to have seised with armed men prepared for that purpose the persons of our late beheaded King then Dake of York and of the Lady Elizabeth his Sister if absent from the Parliament and not there destroyed with the rest that so there might be none of the Royal Line left to inherit the Crown of England Scotland and Ireland to the utter overthrow and subversion of the whole Royal Family Parliament State and Government of this Realm Which unparallel'd inhumane bloody Plot being miraculously discovered prevented the very day before its execution in perpetual detestation of it and of the Jesuites and their traiterous Romish Religion which both contrived and approved it the 5 day of November by the Statute of 3 Jacobi ch 1. was enacted to be had in perpetual Remembrance that all Ages to come might thereon meet together publickly throughout the whole Nation to render publick praises unto God for preventing this infernal Jesuitical Design and keep in memory this joyful Day of Deliverance for which end special forms of publick Prayers and Thankesgivings were then appointed and that Day ever since more or less annually observed till this present And it is worthy special observation that had this Plot taken effect It was agreed by the Jesuites and Popish Conspirators before-hand That the Imputation of this Treason should be cast upon the Puritans to make them more Odious as now they father all the Powder-Plots of this kinde which they have not onely laid but fully accomplished of late yeers against the King Prince Royal Posterity the Lords and Commons House our old English Parliaments and Government upon those Independents and Anabaptistical Sword-men whom they now repute and stile the most reformed PURITANS who were in truth but their meer under Instruments to effect them When as they originally laid the Plots as is clear by Campanella's Book De Monarchia Hisp ch 25. and Cardinal Richelieu his Instructions at his death to the King of France And it is very observable that as Courtney the Jesuite Rector of the English Jesuites Colledge at Rome did in the year 1641. when the name of Independents was scarce heard of in England openly affirm to some English Gentlemen and a Reverend Minister of late in Cornwal from whom I had this Relation then and there feasted by the English Jesuites in their Colledge That now at last after all their former Plots had miscarried they had found out a sure way to subvert and ruine the Church of England which was most formidable to them of all others by the Independents who immediately after by the Jesuites clandestine assistance infinitely encreased supplanted the Presbyterians by degrees got the whole power of the Army and by it of the Kingdom into their hands then subverted both the Presbyterian Government and Church of England in a great measure with the Parliament King and his Posterity as Monsieur Militiere a Jesuited French-Papist observes So some Independent Ministers Sectaries and Anabaptists ever since 1648. have neglected the observation of the fifth of November as I am credibly informed and refused to render publick thanks to God for the deliverance thereon contrary to the Act for this very reason which some of them have rendered That they would not mock God in publick by praising him for delivering the late King Royal Posterity and House of Lords from destruction then by Jesuites and Papists when as themselves have since destroyed and subverted them through Gods providence and repute it a special mercy and deliverance to the Nation from Tyranny and Bondage for which they have cause to bless the Lord Performing that for the Jesuites and Powder-Traytors which themselves could not effect The Lord give them grace and hearts to consider how much they acted the Jesuites and promoted their very worst Designes against us therein what infamy and scandal they have thereby drawn upon all zealous Professors of our Protestant Religion and what will they do in the end thereof 9. To omit all other Forraign instances cited in Speculum Jesuiticum p. 124 to 130. where you may peruse them at leisure By their poysoning King Iames himself in conclusion as some of them have boasted 10. By the Popes Nuntio's and a Conclave of Jesuites Conspiracy at London Anno 1640. to poyson our late King Charles himself as they had poysoned his Father with a poysoned Indian Nut kept by the Jesuites and shewed often by Conne the Popes Nuntio to the Discoverer of that Plot or else to destroy him by the Scotish wars and troubles raised for that very end by the Jesuites in case he refused to grant them a
keep no faith nor truce with them yea that it would be more profitable for the Church and more conducing to Gods glory for all Christians to give over their warrs they wage against the Turkes by common consent and to let the Turks alone and to turn all their arms and forces against the Evangelical Sectaries or Protestants which live amongst them who are worser and ought to be more odious to true Christians then Turkes and utterly to destroy and persecute them to death rather then to delete the unbelieving Mahometans who are not so dangerous as they Hoc quà m pie et juxta mansuetudinem Christianam dicatur ipsi qui conscientias alioram moderantur conscientiam suam rogant Subjoynes Thuanus though a Papist And Joannis Paulus Windeck in his Book De extirpandis Haeres antid 10. p. 404. 412. antid 11. p. 480. and p. 244. positively determines That the Lutheranes and Calvinists are to be persecuted with warrs and not onely to be terrified but likewise deleted cut off taken out of the way and utterly extirpated with arms and flames That all Catholike Princes ought to enter into Holy leagues associations confederacies to destroy and root them out as they did in France Anno 1587. That the oportunity is not to be neglected namely Quando Protestantes Pecuniis exhausti sunt when the Protestants Purses and money are exhausted as they are now amongst us by excessive endless Taxes Excises Civil wars and a perpetual army too much swayed by Jesuitical counsels to eat us out and ruine us with our Religion in conclusion ere disbanded And that the Catholickes may more easily oppress and destroy these Sectaries they are to be severed one from and divided against each other by sundry various arts and means and all occasions laid hold on for this purpose And are we not so now in all our Realmes and Dominions more then ever by the Jesuites and Romish Emissaries Which the Emperor Charles the 5 observed in his proceedings against the Protestants in Germany to his great advantage In pursuance of these Jesuitical Positions Anno 1576. and 1577. the King of Spain Duke of Guise with sundry others Jesuited Popish Princes Nobles and Papists of all degrees by the Jesuites instigation and Popes speciall approbation entred into a bloody Conspiracy or holy League as they term it To restore and retain the most holy worship of God according to the form and maner of the holy catholike Apostolike Church of Rome to abjure all errors or corruptions contrary thereunto c. To spend not onely all their Estates but lives to repeal all publique Edicts in favor of the Protestants and their associates to extirpate all Heresies heretickes and pursue all such as publike enemies with fire and sword to death who should any way oppose or withstand this League or refuse to joyne with them in it or fall off from it upon any pretext after this Oath to observe it Which League they several times renewed and in the renovation thereof Anno 1598. the Jesuits openly boasted That they would use their utmost endeavours that before the year 1600. began Evangelium So they termed the Protestant Religion Radicitus ex orbs toto extirpetur Should be clean extirpated out of the whole world The Massacres Slaughters of how many thousand Protestants by open intestine wars and bloody Conspiracies this League occasioned in France Germany and the Netherlands together with the murders of two French Roman Catholike Kings the French and Belgick Histories of those times will sufficiently inform the Reader In the year 1602. the Jesuites erected a new Colledge and Society at Thonon in Savoy to convert or utterly extirpate the Protestants under the Notion of Heretickes 1. by Preachings 2. by pious frauds 3. by Vi armata by force of armes to which new Society many Popish Kings Nobles and others gave their names and in June that yeare listed above 25000 expert Soldiers all Roman Catholickes to put this their Designe against the Protestants in execution upon the next oportunity there being above 50 Jesuites disguised in Lay-mens habits imployed in England to stir up the Papists and people there to joyn with them in this new Association to root out the Protestants in all places by the Sword the Principal Engine used by these Ignatians to effect it To pass by all the conspiracies and attempts of the Jesuites in Queen Elizabeths reigne to extirpate our Religion and the Professors of it by open wars Rebellions Spanish and forraign invasions both in England Ireland and Scotland recorded by Mr. Cambden Speed and others in her life and William Watson in his Quodlibets with their attempts of like Nature in the beginning of King James his raign recited in the Statutes of 3. Jacobi c. 2. where all may peruse them I shall onely acquaint you That a little before the beginning of our late bloody wars Divisions contrived fomented by the Jesuites and Papists as I have elsewhere at large discovered and many Parliament-Declarations attest one Francis Smith an English Jesuite openly affirmed to Mr. Waddesworth and Mr. Yaxly That it was not now a time to bring their Religion by disputing or Books of controversie but It must be done by an Army and By the Sword And it is very considerable That when the Jesuites Spanish and Romish Agents had engaged the King and English Protestants against their Protestant Brethren of Scotland 1639. to cut one anothers throats the King of Spain had provided a great new Spanish Armado by the Jesuites sollicitation and a great Land-Army of old Spanish Soldiers to invade the Western and Southern parts of England then destitute of all forces Arms Ammunition to defend it all drawn to the Northern parts against the Scots and to joyn with the Popish confederates here to extirpate the English he retickes and Protestants which designe of theirs through the Hollanders unexpected encounter which scattered their fleet upon the English Coasts and the Pacification with the Scots before any engagement of both Armies was happily prevented That this Spanish Fleet was then especially designed for England appeares besides other Evidences which I have elsewhere touched by the confession of an English Pilot in that Navy upon his death-bed mortally wounded in the first fight to an English Minister and others to whom he revealed it out of conscience by some Letters I have met with and by a Pamphlet made and printed by the Jesuites Anno 1640. intituled The Jubilee of the Jesuites taken from a Papist at Redriffe and presented by Sheriffe Warner to the whole Commons House November 14. 1640. Wherein among other Passages then read in the House entred in the Journal of that day out of which I transcribed them there was a Particular prayer For the holy martyrs that Suffered in the Fleet sent against the Hereticks of England 1639. with this advice That the Papists must fish in troubled waters to wit whiles that The
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
PREJVDICIAL TO THE REALM and VERY BVRDENSOME TO THE PEOPLE and specially TO GRANT TO THE SAID KING A SUBSIDY FOR CERTAIN YEARS TO THE OPPRESSING OF His People overmuch That although the Lands and Tenements Goods and Chattels of every Freeman by the Laws of the Realm used in all former ages past ought not to be seized unless they had forfeited Yet notwithstanding the said King purposing endeavouring to enervate these Laws in the presence of very many of the Lords and Commons of this Realm frequently said and affirmed That the Life Lands Tenements Goods and Chattles of every one of his Subjects are at his will and pleasure without any Forfeiture by the known Laws which is altogether contrary to the Laws customs of the Realm aforesaid Whether all these high Misdemeanors charged against King Richard have not been revived and acted over and over both by words and deeds in a farre higher degree than ever he was guilty of them by some late present Whitehall Grandees Army-Officers New Instrument-makers Legitors and Imposers of Excises Customs Imposts Tonnage Poundage Contributions for many years yet to come and of that constant Annual Revenue projected intended by them in their 27 Article I remit to their own judgements consciences and our whole Kingdom to resolve and what they demerit for such extravagant high offences for which he lost Crown and Regal power let others determine The 3. particular is their late incumbent Imposition of 6. Moneths new Contribution by a meer Self-enacted Whitchall Jurisdiction without any consent grant in or by the People in Parliament by that they intitle An Ordinance of the 8. of â—une 1654. beginning thus in a most imperial Stile transcending all former Acts of Parliament granting or imposing any Subsidies without any Prologue to sweeten it or court the people to its ready payment Be it Ordained and Enacted by his Highness the Lord Protector with the consent of his Council and it is hereby Ordained That towards the maintenance of the Armies and Navies of this Commonwealth An Assessement of one Hundred and Twenty Thousand Pounds per Mensem for Three Monethe commencing the 24 of Iune 1654 and ending the 29 of Sept. following shall be Taxed Levied Collected and Paid in England and Wales in such sort as is hereafter expressed The full sum of the said Three Months Assessment of One hundred and twenty thousand pounds by the Month to be at once wholly collected and paid in to the Receivers Generall at or before the tenth day of October next c. The Levying thereof upon the refusers hath been by distress of Goods by Souldiers Troopers and quartering them on the refusers till payment and double the value many times paid to and exacted by the Souldiers for their pains adjudged even by some of our New Grandees Votes who prescribe such Taxes and wayes of levying them to be No less then High Treason and levying Warre in Straffords case for which principally he was condemned and lost his head on Tower Hill as a Traytor In this New Whitehall Tax without a Parliament intended as a leading President to bind the whole Nation in perpetuity if now submitted to as the 27 Article intimates there is a double violation subversion of the Fundamental Laws and Properties of the Nation in the Highest degree The first is by the reviving imposing of Ship-mony on the whole Realm and all Inland Counties as well as Maritine for the Maintenance of the Navies by Sea which should be maintained only by the Customs and that in a farre higher proportion than the Shipmony imposed by Writs by our late beheaded King amounting to no less than Forty thousand pounds per Mensem at last by way of Contribution alone besides the Customs Tonnage Poundage and Excise paid towards it This Imposition of Shipmony by the late King though ratified with the advise and consent of his Council many colourable Presidents Records in all former ages and the precedent Resolution of all his Iudges under their hands as just and legally imposed in case of Necessity and Publike danger only without consent in Parliament together with the Iudgement and Proceedings of the Iudges in the Eschequer Chamber in justification thereof were in the last Parliament after solemne debate by the Votes and Iudgements of both Houses on the 20. Ian. and 26 February resolved Nemine contradicentâ— To be contrary to the Laws and Statutes of this Realm contrary to the Rights and Properties of the Subjects of this Realm contrary to former Iudgements in Parliament contrary to the great Charter and to the Petition of Right and voted to be so declared by the Iudges at the Assizes in the severall Counties the same to be entred and inrolled in the severall Counties by the Clerks of the Assises After which it was for ever damned by a special Act of Parliament to which the King himself gave his Royal assent afterwards cited and enforced by both Houses Exact Collection p. 886. 887. in the case of the Array And those Iudges who argued That the King might lawfully impose Shipmony on the Subjects without a Parliament in cases of Danger and Necessity of which they affirmed him to be the sole Iudge were by all impeached by the House of Commons of High Treason for these Opinions of theirs whereby they trayterously and wickedly endeavoured to subvert The Fundamental Laws and established Government of the Realm of England and instead thereof to set up an Arbitrary and Tyrannical Government against Law of which at large before How any present Powers or Persons then can either impose justify levy enforce it upon any Pretext of Necessity or publique Danger on the whole Nation after all these late Resolutions Iudgements Votes Impeachments and a special Act of Parliament so fresh in memory especially such who were parties to them without incurring the self-same Impeachments and guilt as these Ship-mony Iudges did or a severer Censure then they sustained let their own Conscsences and those who may onâ— day prove their Iudges resolve them at leasure being past my skill to doe it The 2. is By the imposing of a direct heavy Tax Tallage and Monthly contrâ—bution and that only for the Maintenance of such a Land Army which hath offered force unto the Members of both Houses subverted destroyed that Parliament Government Laws Libertie for whose preservation they were specially raised Commissioned engaged without yea against the Peoples assent in Parliament which no King of England with the advice and consent of his Council had ever any Right or Power to doe or audacity enough to attempt no not William the Conqueror Câ—nute Henry the 4th Edward the 4th or Henry the 7th who came principally by power of the Sword to their Soveraign Regall Authorities By what Justice Power Legal Right any other person or persons whatsoever who are neither rightfull Kings nor Parliaments of England in their own or others repute can either impose levy exact such
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
The first and Second Part of A SEASONABLE LEGAL AND HISTORICALL VINDICATION AND Chronological COLLECTION of the Good Old Fundamentall Liberties Franchises Rights Laws of all English Freemen their best Inheritance Birthright Security against all Arbitrary Tyranny and Aegyptian 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 by their pretended Greatest Propugners WHEREIN IS Irrefragably evinced by Parliamentary Records Proofs Presidents That we have such Fundamentall Liberties Franchises Rights Laws That to attempt or effect the Subversion of all or any of them or of our Fundamentall Government by Fraud or Force is High Treason The principal of them summed up in X. Propositions The chief printed Treatises asserting them specified A Chronological History of our Ancestors zeal vigilancy courage prudence in gaining regaining enlarging defending oft confirming and perpetuating them to Posterity by Great Charters Statutes New Confirmations Excommunications Speciall Conservators Consultations Petitions Declarations Remonstrances Oaths Protestations Vows Leagues Covenants and likewise by their Arms when necessitated during all the Britons Romans Saxons Danes Normans and English Kings Reigns till this present collected for present and future publique benefit with a Brief Touch of their late unparalelled Infringments and subversions in every particular The Triall of all Malesactors by their Peers and Juries justified as the onely legall best most indifferent and all other late arbitrary Judicatories erected for their Triall exploded as destructive both to our Fundamentall Laws and Liberties Collected recommended to the whole English Nation as the best Legacy he can leave them By William Prynne of Swainswick Esquire The Second Edition Corrected and much Enlarged Psal 11. 3. If the Fundations be destroyed what can the righteous do Psal 82. 5. They know not neither will they understand they walk on in darknesse all the Foundations of the earth are out of course London Printed for the Author and are to be sold by Edward Thomas in Green Arbour 1655. Errata IN the Epistle letter C. page 8. l. 6. read effect D. p. 2. l. 9. 〈◊〉 Tesmond H. p. 5. l. 19. Censurers I. p. 5. l. 13 of r. our K. p. 7. l. 28. r. Heirs L. p. 4. l. 20. r. exercerunt In the Margin H. p. 3. l. 42. aliquem I. p. 6. l. 27. pacti L. p. 8. 13. r. 23. In the Book p. 4. l. 25. r. as of p. 13. l. 36. r. were resolved p. 19. l. 14. r. Vote of p. 24. l. 16. of p. 26. l. 15. of and p. 29. l. 33. Statutes p. 32. l. 26. r. E. 6. c. 5. p. 35. l. 6. to sedition p. 38. l. 19. r. parts Margin p. 27. l. 13. ther r. other p. 64. l. 3 4 5. r. 10. R. 2. cap. 1. 1 H. 5. c. 1. 28 H. 6. n. 51. l. 11. r. 4. E. 4. To all truely Christian Free men of England Patrons of Religion Freedom Lawes Parliaments who shall peruse this Treatise Christian READER IT hath been one of the most detestable Crimes and highest Impeachments against the Antichristian Popes of Rome that under a Saint-like Religious pretext of advancing the Church Cause Kingdom of Jesus Christ they have for some hundred yeers by-past usurped to themselves as fole Monarchs of the World in the Right of Christ whose Vicars they pretend themselves to be both by Doctrinal Positions and Treasonable Practises an absolute Soveraign Tyrannical Power over all Christian Emperours Kings Princes of the World who must derive and hold their Crowns from them alone upon their good behaviours at their pleasures not onely to Excommunicate Censure Judge Depose Murder Destroy their sacred Persons but likewise to dispose of their Crowns Scepters Kingdoms and translate them to whom they please In pursuance whereof they have most traiterously wickedly seditiously atheistically presumed to absolve their Subjects from all their sacred Oaths Homages natural Allegiance and due Obedience to them instigated encouraged yea expresly enjoyned under pain of interdiction excommunication and other censures their own Subjects yea own sons sometimes both by their Bulls and Agents to revolt from rebel war against depose dethrone murder stab poyson destroy them by open force or secret conspiracies and stirred up one Christian King Realm State to invade infest destroy usurp upon another onely to advance their own Antichristian Soveraignties Usurpations Ambition Rapines worldly Pompe and Ends as you may read at leisure in the Statutes of 25 H. 8. c. 22. 28 H. 8. c. 10. 37 H. 8. c. 17. 13 Eliz. c. 2. 23 Eliz. c. 1. 35 Eliz. c. 2. 3 Jacob. c. 1 2 4 5. 7 Jacob. c. 6. The Emperour Frederick his Epistles against Pope Gregory the 9. and Innocent the 4. recorded in Matthew Paris and others Aventinus Annalium Boiorum Mr. William Tyndal's Practice of Popish Prelates the second Homily upon Witsunday the Homilies against disobedience and wilful Rebellion Bishop Jewels view of a seditious Bull Iohn Bale in his lives of the Roman Pontifs Doctor Thomas Bilson in his True difference between Christian subjection and unchristian Rebellion Doctor John White his Sermon at Paul s Cross March 24. 1625. and Defence of the Way c. 6 10. Doctor Crakenthorpe of the Popes temporal Monarchy Bishop Morton's Protestant Apology Doctor Beard 's Theater of God's Judgements l. 1. c 27 28. Doctor Squire of Antichrist John Bodin his Commonwealth l. 1. c. 9. The learned Morney Lord du Plessy his Mystery of Iniquity and History of the Papacy The General History of France Grimston's Imperial History Matthew Paris Speed Holinshed Cambden and others in the lives of King John Henry the 3. Queen Elizabeth and other of our Kings with hundreds of printed Sermons on the 5 of November The principal Instruments the Popes imployed of late yeers in these their unchristian Treasonable Designes have been pragmatical furious active Jesuites whose Society was first erected by Ignatius Loyola a Spaniard by Birth but A SOULDIER by Profession and confirmed by Pope Paul the 3. Anno 1540â— which Order consisting onely of ten persons at first and confined onely to sixty by this Pope hath so monstrously increased by the Popes and Spaniards favours and assistance whose chief Janizaries Factors Intelligencers they are that in the yeer 1626. they caused the picture of Ignâ—tius their Founder to be cut in Brass with a goodly Olive Tree growing like Jessees root out of his side spreading its branches into all kingdoms and Provinces of the World where the Jesuites have any Colledges and Seminaries with the name of the Province at the foot of the branch which hath as many leaves as they have Colledges and Residencies in that Province in which leaves are the names of the Towns and Villages where these Colledges are situated Round about the Tree are the Pictures of all the illustrious Persons of their Order and in Ignvtius his right hand
there is a Paper wherein these words are engraven Ego sicut Oliva fructifera in domo Dei taken out of Ps 52. 8. which pourtraictures they then printed and published to the world wherein they set forth the number of their Colledges and Seminaries to be no less then 777. increased to 155 more by the yeer 1640. in all 932. as they published in like Pictures Pageants printed at Antwerp 1640. Besides sundry New Colledges and Seminaries erected since In these Colledges and Seminaries of theirs they had then as they print 15591 Fellews of their Society of Jesus besides the Novices Scholars and Lay-brethren of their Order amounting to neer ten times that number So infinitely did this evil weed grow and spread it self within one hundred yeers after its first planting And which is most observable of these Colledges and Seminaries they reckoned then no less then 15 secret ones IN PROVINCIA ANGLICANA in the Province of ENGLAND where were 267 SOCII or Fellows of that Society besides 4 COLLEDGES OF ENGLISH JESUITES ELSEWHERE In IRELAND and elsewhere 8 Colledges of IRISH JESUITES and in SCOTLAND and otherwhere 2 Residencies of SCOTTISH JESUITES What the chief imployments of Ignatius and his numerous swarms of Disciples are in the World his own Society at the time of his Canonization for a Romish Saint sufficiently discovered in their painted Pageants then shewed to the people wherein they pourtraied this new Saint holding the whole world in his hand and fire streaming out forth of his heart rather to set the whole world on fire by Combustions Wars Treasons Powder-plots Schismes new State and old Church-Heresies then to enlighten it with this Motto VENI IGNEM MITTFRE I came to send fire into the World which the University of Cracow in Poland objected amongst other Articles against them Anno 1622. and Alphonsus de Vargas more largly insisteth on in his Relatio de Stratagematis Sophismatis Politicis Jesuitarum c. An. 1641. c. 7 8 24. Their number being so infinite and the Pope and Spaniard too having long since by Campanella's advice erected many Colledges in Rome Italy Spain the Netherlands and elsewhere for English Scottish Irish Jesuites as well as for such secular Priests Friers Nuns of purpose to promote their designs against the Protestant Princes Realms Churches Parliaments of England Scotland Ireland to reduce them under their long prosecuted UNIVERSAL MONARCHY over them by Fraud Policy Treason intestine Divisions and Wars being unable to effect it by their own Power no doubt of late yeers many hundreds if not thousands of this Society have crept into England Scotland and Ireland lurking under several disguises yea an whole Colledge of them sate weekly in counsel in or neer Westminster some few yeers since under Conne the Popes Nuntio on purpose to embroyle England and Scotland in bloody civil wars therby to endanger shake subvert these Realms and destroy the late King as you may read at large in my Romes Master-piece published by the Commons special Order An. 1643. who occasioned excited fomâ—nted the first and second intended but happily prevented wars between England and Scotland and after that the unhappy Differences Wars between the King Parliament and our three Protestant Kingdoms to bring them to utter desolation and extirpate our reformed Religion The Kings Forces in which many of them were Souldiers after some yeers wars being defeated thereupon their Father Ignatius being a SOULDIER and they his Military sons not a few of them secretly insinuated themselves as Souldiers into the Parliaments Army and Forces as they had formerly done into the Kings where they so cunningly acted their parts as extraordinary illuminates gifted brethren and grand States-men that they soon leavened many of the Officers Troopers and common Souldiers with their dangerous Jesuitical State-politicks and Practises put them upon sundry strange designs to new-mould the old Monarchical Government Parliaments Church Ministers Laws of England erecting a New General Councel of Army-Officers and Agitators for that purpose acting more like a Parliament and Supream Dictators then Souldiers And at last instigated the Army by open force against their Commissions Duties Oaths Protestations and Solemn League Covenant to Impeach imprison seclude first eleveÌ„ Commoners then some six or seven Lords after that to secure seclude the Majority of the Commons House suppress the whole House of Lords destroy the King Parliament Government Priviledges Liberties of the Kingdom Nation for whose defence they were first raised which by no other adverse power they could effect This produced new bloody divisions animosities wars in and between our three Protestant Realms and Nations after with our Protestant Allies of the Netherlands Campanella's express old projected Plots to subject us both to the Popes and Spaniards Monarchies effected by the Spaniards Gold and Agents with sundry heavy Monthly Taxes Excises Oppressions Sales of the Churches Crowns and of many Nobles and Gentlemens Lands and Estates to their undoing our whole Nations impoverishing and discontent an infinite profuse expence of Treasure of Protestant blood both by Land and Sea decay of Trade with other sad effects in all our three Kingdoms yea sundry successive New changes of our publick Government made by the Army-Officers who are still ringing the changes according to Campanela's and Parsons Platforms So that if Fire may be certainly discerned by the smoke or the Tree commonly known by its Fruits as the Truth it self resolves Matth. 12. 33. we may truly cry out to all our Rulers as the Jews did once to the Rulers of Thessalonica in another case Act. 17. 6. THOSE Jesuites WHO HAVE TURNED THE WORLD UPSIDE DOWN ARE COME HITHER ALSO and have turned our Kingdoms Kings Peers Monarchy Parliaments Government Laws Liberties yea our very Church and Religion too in a great measure UPSIDE DOWNE even by those very Persons who were purposely raised commissiond waged engaged by Protestations Covenanes Vows Oathes Laws Allegiance and Duty to protect them from these Jesuitical Innovations and subversions And those Jesuites Spanish Romish Agents who have so far seduced so deeply engaged them contrary to all these Obligations and to their own former printed Engagements Remonstrances Representations Proposals Desires and RESOLUTIONS for setling this Nation in its just Rights the Parliament in their just Priviledges and the Subjects in their Liberties and Freedoms published to all the World in the name of Sir Thomas Fairfax THE ARMY AND THE GENERAL COUNCEL OF THE ARMY none Volume London 1647. which they may do well to peruse yea against the Votes Intreaties Desires Advices of both Houses of Parliament the Generality of the good Ministers people of the three whole Kingdoms and their wisest best affected Protestant Friends who commissioned raised paid assisted them for far other ends O whether may they will they not in all humane probability rashly blindly suriously henceforth lead drive precipitate them to our whole three Kingdoms Churches Parliaments
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
King was Ingaged in the wars against the Scots with certain prayers added For their good success in that Designe against the Scots For the more effectuall carrying on whereof the Popes Nuncio with the Colledge of Jesuites then in Queen-street secretly summoned a kind of Parliament of Roman Catholicks and Jesuites in London out of every County of England and Wales in which Conne the Popes Nuncio sate President by the Queens commission and direction in April 1639. Who granted and collected an extraordinary large Contribution by way of Subsidy from the Papists to carry on this war against our Protestant Brethren of Scotland and raise forces to joyne with the Spainards whom they then expected to cut the English Protestants throats The Jesuitical and Prelatical Popish party much displeased with the defeat of this their Plot by the unexpected Pacification with the Scots 1639. induced the King soon after to break and revoke it Anno 1640. the very year of the Jesuites Jubilee which they solemnized in all places being the 100. yeer from the first Erection of their Order by Ignatius Anno 1540. they caused a new Army to be raised and sent into the North against the Protestants of Scotland to subdue destroy them At the same time they secretly listed an Army of no less then 7000. Romish Catholickes kept in private pay of purpose To cut the Protestants throats who should resist them and to Conquer the Protestants in England first and then in Ireland which Designe they were to put in execution when the Pope or his Legat with the Spanish French and Venetian Ambassadours should appoint who designed them to begin to execute it When the King went into Scotland against the Scots as O Conner the Queen-Mothers Priest confessed to Anne Hussey who justified it to the Lords of the Councel then and afterwards before the Lords in Parliament upon her Oath The Jesuites were so confident of the good success of their designes amongst us and compleat Victory over all the Protestants throughout the world this yeare of their Jubilee making Triumph over their Enemies one of their Notes of the true Church that they appointed a solemne Enterlude to be acted by their Society in the publique Hall at Aquisgran in Germany in honour of their Jubilee wherein they signified to the people by printed Tickets and Pageants that the Popish Church of Rome should be brought in upon the Stage happily fighting against triumphing and reigning over all her enemies every where throughout the world in all ages till that present day and especially of later times by their meanes The beginning of this Enterlude being happily acted and succeeding according to their mindes at last there were two Armies of soldiers brought by them upon the Stage ready to encounter each other the one of Jesuites and Papists fighting for the Church of Rome the other representing the Protestants warring against her Before their fight a Jesuitical actor clad in black personating a Popish Masse-Priest divineth good success to the Popish Army praying for it with an affected devotion and solemne invocation or rather profanation of Gods name after which the Popish Army of actors as being certain of the instant victory uttered these words to their Captain as their parts directed them with a loud reiterated voyce and shout Pereat Pereat Quisquis est hostis Ecclesiae Let him perish let him perish whoever is an enemy of the Church whereupon a great part of the Stage on which they acted together with the whole Popish Army not one Souldier or Captain excepted at the repeating of these words and wishes fell to the ground immediately with so great celerity that many of them felt they were fallen down before they discerned themselves to fall their feigned enemies of the Church representing the Protestants standing all fast at least in place if not in mind on the other part of the Stage which fell not at all With this sudden fall many of the Popish Army were bruised in peeces with the beames of the Stage falling upon them who through pain and horror needed Monitors to silence their outcries others having their bones broken and Limbes put out of joynt were carried to the Chirugions to be dressed and all the rest confounded with shame crept away secretly under the Veile to their Lodging And so this Jesuitical Enterlude by divine justice ended in a real unexpected bloody Tragedy and real rout of the whole pretended victorious Popish Army of Jesuites and the Scotish Wars that yeer which they so much depended on through Gods mercy concluded in a blessed Peace and Union between both Nations Whereupon the Irish Popish Rebels by the Jesuites Plots and instigations seconded with secret encouragements and promises of assistance with Arms and Moneys from Cardinal Richliou the King of Spain Pope and other forraign Popish Princes undertook the late horrid bloody Massacre of all the Protestants in Ireland and surprisal of all the Forts Castles Arms and Ammunition therein on the 23 of October 1641. being Ignatius day the Founder and New Canonized Saint of the Jesuited Society for the greater Honour of their Patron Order they being the chief Plotters of this horrid bloody Treason Which horrid Conspiracie though happily discovered the night before its execution at Dublin and some few places else yet it took effect in most other parts of Ireland to the slaughter of neer two hundred thousand Protestants there in few months space seconded with a bloody Warre for sundry years to the losse of many thousands more lives To this Plot all the Papists in England were privy who intended the like Massacre in England and soon after by the Popes and Jesuits instigations by the assistance of sorragin Popish Princes they eugaged the King and Parliament in a long-lasting bloody uncivill unchristian war against each other concluding in the Kings and Parliaments joynt ruines by an Army raised for their mutual defence seduced thereunto through the Jesuits instigations and policies After which they engaged the Protestants of England and Scotland formerly united by the strictest Bâ—nds and Covenants against them to war upon invade and destroy each other by land and soon after that by the Spanish Agents Assistance raised a most dangerous bloody Warre between our Protestant old Allies of the Neitherlands and the English by Sea to the infinite dammage prejudice of both and the effusions of whole Oceans of the Gallantest Christian Protestant blood that ever yet was shed the expence of more treasure and men in these intestâ—â—e Wars than would have conquered all Spain Italy and the Indies had they been imployed upon such a designe and to the entailing of a perpetuall Army on us and our Posterities more ready as we have of late years found by sad experiments to hearken to the Jesuits clandestine suggestions â—eductions and execute their fore-plotted Designes to ruine our Kingdomes Parliaments Laws Liberties Monarchy
are due to them and preserved for them shall be at the sole will and pleasâ—re of the Prince Army General and General Councel of Officers in their new High Courts of Injustice or other Martial Judicatories as now they are O consider consider seriously by these particulars to what a sad low despicable condition all English Parliaments are now for ever reduced and their pristine antient Priviledges Honor Freedom Power violently ravished from them by the late Army practises violences and rebellious insolencies against them never to be parallel'd in any age which hath really verified this clause in the Declaration of both Houses August 4. 1642. objected against the King and his popish Army in relation to the Parliaments Army purposely raised commissioned engaged for their defence That if the King by his Army may force this Parliament as the Parliaments Army both forced and dissolved it they may bid farewell to all Parliaments for ever receiving good by them And if Parliaments be lost they the People are lost their Laws are lost as well those lately made as in former times ALL WHICH WILL BE CVT IN SVNDER WITH THE SAME SWORD NOW DRAWN FOR THE DESTRVCTION OF THIS PARLIAMENT as we now find true by sad experience Athanasius Bishop of Alexandria about the year of our Lord 340. objected this as a great crime barbarism cruelty and violation of the priviledges of Councels to the Arrian Emperour Constantius That whensoever he called a Councel or Assembly of Bishops it was but for a shew For he would not permit them to be guided by the Ecclesiastical Canons but his Will alone must be their only Canon And when they advised him not to subvert the Ecclesiastical order nor bring the Arrian Heresie into the Church of God he would neither hear nor permit them to speak freely but grievously bending his brows if they had spoken cross to his designs and SHAKING HIS SWORD AT THEM COMMANDED THEM TO BE TAKEN AWAY Whereupon he thus infers What Liberty for perswasion or place for advice is there left when he that contradicteth shall for his labour lose either his Life or his Country Why hath the Emperour gathered so great a number of Bishops partly terrified with threats partly inticed with promises to condescend that they will not communicate wiâ—h Athanasius And Hilary Bishop of Poictou Ann. 360. in his first Book against this Tyrannical Arrian Emperour Constantius thus censures his violent proceedings of this kind to the subversion of the freedom and priviledge of Councils and their members Thou gatherest COUNCILS and when they be shut up together in one City thou TERRIFIEST THEM WITH THREATS THOU PINEST THEM WITH HVNGER THOU LAMEST THEM WITH COLD as the Army Officers did the secluded Members 6 and 7 Decemb. 1648. when they shut them up all night in Hell on the bare boards without beds in the cold and kept them fasting all the next day at Whitehall til 7 a clock at night Thou depravest them with Dissembling O THOU WICKED ONE what a mockery dost thou make of the Church and Councels Only Dogs return to their Vomit and thou compellest the Priests of Christ to sup up those things which they have disgorged and commandest them in their confessions to allow that WHICH BEFORE THEY CONDEMNED What Bishops hand hast thou left innocent What tongue hast thou not forced to falshood Whose heart hast thou not brought to the condemning of his former opinion Thou hast subjected all to thy will yea to thy violence And have not some swaying Army Officers by their frowns menaces frauds Swords open force upon the Parliament and its Members beyond all the presidents in any ages done the like and exceeded this Arrian Tyrant herein And is it not then high time for all friends to Parliaments to protest and provide against such detestable treasonable violences for the future destructive to all Parliaments if permitted or silently pretermitted without question exemplary censure righting of the imprisoned Members or any provision to redresse them for the future Our prudent Ancesters were so carefull to prevent all violence force arms and armed men in or near any places where Parliaments were held to terrifie over-awe or disturb their proceedings or Members That in the Parliament of 7 E. 1. as you may read in Rastals Abridgement Armour 1. Provision was made by the King by common consent of the Prelates Earls and Barons by a general act That in all Parliaments Treaties and other Assemblies which should be made in the Realm of England FOR EVER every man shall come without Force and without Armour well and peaceably to the honour of the King and of the peace of him and of his Realm and they together with the Commonalty of the Realm upon solemn advise declared That it belonged to the King and his part it is by his Royal Signiory strictly to defend Wearing of Armour and all other Force against his peace at all times when it shall please him especially at such times and in places where such Parliaments Treaties and Assemblies are held and to punish them which shall doe contrary according to the Laws and usage of the Realm And hereunto they are bound to aid the Kind as their Soveraign Lord at all seasons when need shall be Hereupon our Kings ever since this statute by virtue thereof and by the Law and Custom of the PARLIAMENT as Sir Edward Cook in his 4 Institutes c. 1. p. 14. informs us did at the beginning of every Parliament make a speciall Proclamation Prohibiting the bearing of Arms or weapons in or near the places where the Parliament sate under pain of forfeiting all they had Of which there are sundry presidents cited by Sir Edward Cook in his Margin whereof I shall transcribe but one which he omits and that is 6 E. 3. Rot. Parliament n. 2. 3. Because that before these days at the Parliaments and Counsels of our Lord the King Debates Riots and commotions have risen and been moved for that People have come to the places where Parliaments have been summoned and assembled armed with privy coats of plate spears swords long knives or daggers and other sort of arms by which the businesses of our Lord the King and his Realm have been impeached and the great men which have come thither by his command have been affrighted Our Lord the King willing to provide remedy against such mischiefs defendeth that no man of what estate or condition soever he be upon pain of forfeiting all that he may forfeit to the King shall be seen armed with a Coat of Male nor yet of plate nor with an Halberd nor with a spear nor sword nor long knife nor any other suspitious arms within the City of LONDON nor within the Suburbs thereof nor any place near the said City nor yet within the Palace of WEST MINSTER or any place near the said Palace by Land or Water under the foresaid pain except only such of the Kings men
later times in corrupt cowardly time-serving degenerate Lawyers and Judasses rather than Judges to the disgrace of their Profession now generally spoken against their own dishonour infamy reproach the scandall of Religion which some of them have eminently professed the prejudice and subversion of the Fundamentall Laws Liberties Rights Priviledges of our Nation Peers Parliaments and of the ancient Fundamental Government of this famous Kingdome whereof they are Members and that contrary to some of their own late Judgments sciences Consciences Votes Printed Arguments Speeches Declarations against others even in and out of Parliament and their own first Charges in their Circuits repugnant to their later 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 Leiutenant Colonel John Lilburn tried and east and other forementioned publications who professedly set themselves by Words Writings Counsels and overt Acts to subvert both our old Fundamentall with all other Laws Liberties Customs Parliaments and Government what transcendent Malefactors Traitors and Enemies they are to the publique and what Capital punishments they may incurre as well as dâ—merit should they be legally prosecuted for the same and thereupon to advise them timely to repent of and dâ—sist from such high Treasonable attempts 5. To clear both my self and this my seasonable Defence of our Fundamental Laws Liberties Government from the least suspition or shadow of Faction Sedition Treason and Emnity to the publique peace weal settlement of the Nation which those and those onely who are most factious and seditious and the greatest Enemies Traitors to the publique tranquility Weal Laws Liberties Government and establishment of our Kingdome as the premises evidence will be ready maliciously to asperse both me and it with as they have done heretofore some other of my Writings of this Nature with all which they must first brand Mr. St. John Mr. Pym the whole House of Commons the two last with all other Parliaments forecited and themselves too from which they are so much changed and degenerated of late years ere they can accuse traduce or censure me who do but barely relate apply their words and judgments in their purest times without malice or partiality for the whole Kingdomes benefit security and resettlement To these punctual full Juries of Records and Parliament Authorities in point I could accumulate Sr. Edward Cook his 3. Institutes p. 9. printed and authorised by the House of Commons speciall Order the last Parliament The severall Speeches of M. Hide M. Waller M. Pierpoint and M. Hollis July 6. 1641. at the Lords Bar in Parliament by Order of the Commons House at the Impeachment of the Shipmony Judges of High Treason printed in Diurnal Occurrences and Speeches in Parliament London 1641. p. 237 to 264. M. Samuel Browns Argument at law before the Lords and Commons at Canterburies Attainder all manifesting their endeavouring to subvert the Fundamentall Laws and Government of the Realm to be High Treason with sundry other printed Authorities to prove That we have Fundamental Laws Liberties Rights and a Fundamental Government likewise which ought not to be innovated violated or subverted upon any pretences whatsoever by any power or prevailing Faction Which Fundamental Rights Liberties Laws Sr. Thomas Fairfax and the Army under his Command by their Declaration of June 14. 1647. particularly promise and engage to assert vindicate against all arbitray power violence oppression and against all particular parties or Interests whatsoever which they may doe well to remember and make good But to avoid prolixity the double Jury of irrefragable and punctuall authorities already produced being sufficient to satisfie the most obstinate opposites formerly contradicting it I shall onely adde three swaying authorities more wherewith I shall conclude this point The first is a very late one in a Treatise intituled A true State of the Common Wealth of England Scotland and Ireland and the Dominions thereunto belonging in Reference to the late established Government by a Lord Protector and a PARLIAMENT It being the Judgement of DIVERSE PERSONS who throughout these late troubles have approved themselves faithfull to the Cause and interest of God and their COUNTRY presented to the publike for the satisfaction of others Printed at London 1654. who relating the miscarriages of the last ASSEMBLY at Westminster elected nominated by the Censurers of them the Army Officers onely not the people use these expressions of them page 13 14 16 17 21 22. But on the contrary it so fell out in a short time that there appeared many in this Assembly of very contrary principles to the interest aforesaid which led them violently on to attempt and promote many things the consequence whereof would have been A subverting of the Fundamentall Laws of the Land the Destruction of Property and an utter extinguishment of the Gospel In truth their Principles led them TO A PULLING DOWN ALL AND ESTABLISING NOTHING So that instead of the expected settlement they were running into FURTHER ANARCHY AND CONFUSION As to the Laws and Civil Rights of the Nation nothing would serve them but a TOTALL ERADICATION OF THE OLD AND INTRODUCTION OF A NEW and so the good Old Laws of England the Guardians of our Laws and Fortunes established with prudence and confirmed by the experience of many Ages and Generations The Preservation whereof was a principall ground of our late quarrell with the King having been once abolished what could we have expected afterwards but an inthroning of Arbitrary power in the Seat of Judicature and an exposing of our Lives our Estates our Liberties and all that is dear unto us as a Sacrifice to the boundlesse appetite of meer Will and Power c. Things being at this passe and the House through these proceedings perfectly disjointed it was in vain to look for a settlement of this Nation from them thus constituted but on the contrary nothing else could be expected But that the Common-wealth should sink under their hands and the great cause hitherto so happily upheld and maintained to be for ever lost through their preposterous management of these affairs wherewith they had been intrusted Whereupon they justifie their dissolution and turning them forcibly out of doores by the Souldiers with shame and infamy to prevent that destruction which thereby was coming on THE WHOLE LAND by this New Powder Treason plot set on foot by the Jesuites and Anabaptists to destroy our Laws Liberties Properties Ministers and Religion it self at one blow and that in the very Parliament House where some destroyed and blowed up Kings Peers and Parliaments themselves as well as Lawes and Parliament Priviledges of late years where they had been constantly defended vindicated preserved established in all former Ages by ALL TRVE ENGLISH PARLIAMENTS The second is The Votes of the House of Commons concerning a Paper presented to them entituled An Agreement of the people for a firm present
peace upon grounds of Common Right 9. November 1647 viz. Resolved upon the Question That the matters contained in these Papers are destructive to the being of Parliaments and to the fundamental Government of this Kingdom Resolved c. That a Letter be sent to the General and those Papers inclosed together with the Vote of this House upon them And that he be desired to examine the proceedings of this business in the Army where it was first coyned and return an Accompt hereof to this House These Votes were seconded soon after with these ensuing Votes entred in the Commons Journal and printed by their special Order 23 Novemb. 1647. A Petition directed to the Supream Authority of England The Commons in Parliament assembled The humble Petition of many Free-born people of England c. was read the first and second time Resolved upon the Question That this Petition is A seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An agreement of the People formerly adjudged by this House to be destructive to the being of Parliaments and Fundamental Government of the Kingdom Resolved c. That Thomas Prince Cheese-monger and Samuel Chidley bee forthwith committed Prisoners to the Prison of the Gate-house there to remain Prisoners during the pleasure of this House for a Seditious avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the people formerly adjudged by this House to be destructive to the being of Parliaments and fundamental Government of the Kingdom Resolved c. That Jeremy Ives Thomas Taylor and William Larnar bee forth-with committed to the Prison of Newgate there to remain Prisoners during the pleasure of this House for a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly adjudged by this House to be destructive to the being of Parliaments and fundamental Government of the Kingdom Resolved c. That a Letter be prepared and sent to the General taking notice of his proceeding in the execution according to the Rules of Warre of a Mutinous person avowing and prosecuting this Agreement in the Army contrary to these Votes at the Rendezvous near Ware and to give him thanks for it and to desire him to prosecute that Business to the bottome and to bring such guilty persons as he shall think fit to condign and exemplary punishment Resolved c. That the Votes upon the Petition and Agreement annexed and likewise the Votes upon this Petition be forth-with printed and published After which by a special Ordinance of both Houses of Parliament 17 Decemb. 1647. no person whatsoever who had contrived plotted prosecuted or entred into that Engagement intituled The Agreement of the people declared To bee destructive to the being of Parliaments and Fundamental Government of the Kingdom for one whole year was to be elected chosen or put into the Office or place of Lord Mayor or Alderman Sheriff Deputy of a Ward or Common Counselman of the City of London or to have a voyce in the Election of any such Officers All these particulars with the Capital proceedings against White and others who fomented this Agreement in the Army abundantly evidence the verity of my foresaid Proposition and the extraordinary guilt of those Members and Souldiers who contrary to their own Votes Ordinances Proceedings and Censures of others have since prosecuted this the like or far worse Agreement to the destruction of our ancient Parliaments and their Priviledges and of the fundamental Government Laws and Liberty of our Nation which I wish they would now sadly lay to heart with that saying of Augustine approved by all sorts of Divines and Casuists Non remittitur peccatum nisi restituatur ablatuâ—â— sciendum est Quod Restitutio est IN PRISTINUM STATUM POSITIO The third is the memorable Statutes of 3 Jacobi c. 1 2 4. 5. which relating the old Gunpowder Treason of the Jesuits and Papists and their infernal inhuman barbarous detestable plot to blow up the King Queen Prince Lords Commons and the whole House of Peers with Gunpowder when they should have been assembled in Parliament in the upper House of Parliament upon the fifth of November in the year of our Lord 1605. do aggravate the hainousness and transcendency thereof by this circumstance That it was as some of the principal Conspirators confessed purposely devised and concluded to be done in the said House That where sundry necessary and religious Laws for preservation of the Church and State were made which they falsly and slanderously termed Cruel Laws enacted against them and their Religion both Place and Persons should be all destroyed and blown up at once and by these dangerous Consequences if it had not been miraculously prevented but taken effect That it would have turned to the utter ruine overthrow and subversion of the whole State and Common-wealth of this flourishing and renowned Kingdom of Gods true Religion therein established by Law and of our Laws and Government For which horrid Treason they were all attainted and then executed as Traytors and some of their Heads Quarters set upon the Parliament House for terrour of others Even so let all other Traytors Conspirators against all Blowers up and subverters of our fundamental Laws Liberties Government Kings Parliaments and Religion treading presumptuously in their Jesuitical footsteps perish O Lord but let all them who cordially love and strenuously maintain them against all Conspirators Traytors Underminers Invaders whatsoever be as the Sun when hee goeth forth in his might That the Land may have rest peace settlement again for as many years at least as it had before our late Innovations Warres Confusions by their restitution and re-establishment CHAP. 2. HAving thus sufficiently proved That the Kingdom and Freemen of England have some antient Hereditary Rights Liberties Franchises Privileges Customs properly called FUNDAMENTAL as likewise a Fundamental Government no ways to bee altered undermined subverted directly or indirectly under the guilt and pain of High Treason in those who attempt it especially by fraud force or armed Power I shall in the second place present you in brief Propositions a Summary of the chiefest and most considerable of them which our prudent Ancestors in former Ages and our latest real Parliaments have both declared to be and eagerly contested for as fundamental and essential to their very being and well being as a Free People Kingdom Republick unwilling to be enslaved under any Yorkes of Tyranny or Arbitrary Power that so the whole Nation may the more perspicuously know and discern them the more strenuously contend for them the more vigilantly watch against their violations underminings in any kinde by any Powers or pretences whatsoever and transmit perpetuate them intirely to their Posterities as their best and chiefest inheritance I shall comprise the sum and substance of them all in these Ten Propositions beginning with the Subjects Property which hath been most
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
Revenues Inheritances Rights and Perquisits of the Crown of England originally setled thereon for the â—ase and exemption of the people from all kind of Taxes payments whatsoever unlesse in case of extraordinary necessity and for defraying all the constant ordinary expences of the Kingdome as the expences of the Kings houshold Court Officers Judges Ambassadors Guard Garrisons Navy and the like ought not to be sold alienated given away or granted from it to the prejudice of the Crown and burdenning of the people And that all Sales Alienations Gifts or Grants thereof to the empairing of the publique Revenue or prejudice of the Crown and people are void in Law and ought to be resumed and repealed by our Parliaments and Kings as they have freqeuntly been in all former ages For the Readers fuller satisfaction in each of these propositions some of which I must in the ensuing Chapter but briefly touch for brevity sake having elsewhere fully debated them in print I shall especially recommend unto him the perusall of such Tractates and Arguments formerly published wherein each of them hath been fully discussed which hee may peruse at his best leasure The First of these Fundamentalls which I intend principally to insist on is fully asserted debated confirmed by 13. H. 4. f. 14. By Fortescue Lord Chief Justice and Chancellor of England de Laudibus Legum Angliae dedicated by him to King Henry the 6. f. 25. c. 36. By a Learned and necessary Argument against Impositions in the Parliament of 7. Jacobi by a late reverend Judge Printed at London 1641. By Mr. William Hakewell in his Liberty of the Subject against Impositions maintained in an Argument in the Parliament of 7 Jacobi Printed at London 1641. By Judge Crooks and Judge Huttons Arguments concerning Ship-mony both Printed at London 1641. By the Case of Ship-mony briefly discussed London 1640. By M. St. Johns Argument and Speech against Ship-mony Printed at London 1641. By Sir Edward Cook in his 2 Institutes p. 46. and 57. to 64. and 528 to 537. By the first and second Remonstrance of the Lords Commons in Parliament against the Commission of Array Exact Collection p. 386. to 398. and 850. to 890. and by my own Humble Remonstrance against Ship-mony London 1643. The Fourth part of the Sovereign Power of Parliaments and Kingdomes p. 14. to 26. my Legall Vindication of the Liberties of England against Illegall Taxes c. London 1649. and by the Records and Statutes cited in the ensuing Chapter referring for the most part to the first Proposition The second third and fourth of them are largely debated and confirmed by a Conference desired by the Lords and had by a Committee of both Houses concerning the Rights and Priviledges of the Subject 3 Aprilis 4 Caroli Printed at London 1642. By Sir Edward Cook in his Institutes on Magna charta c. 29. p. 45. to 57. By the first second Remonstrance of the Lords and Commons against the Commission of Array Exact Collection p. 386. and 850. to 890. By Judge Crooks and Judge Huttons Arguments against Ship-mony By Sir Robert Cotton his Posthuma p. 222. to 269. By my Breviate of the Prelates Encroachments on the Kings Prerogative and the Subjects Liberties p. 138. my New Discovery of the Prelates Tyranny p. 137. to 183. and some of the ensuing Statutes and records ch 3. See 1 H. 4. rot Parl. n. 22 23 24 26 28 43 44 47. The Fift and Sixt of them are fully cleared vindicated in and by the Prologues of all our Councills Statutes Laws before and since the Conquest By 1. H. 4. Rot. Parl. n. 33 34 36. an excellent full president Sir Edward Cooks 4 Institutes ch 1. Mr. Cromptons Iurisdiction of Courts Title High Court of Parliament Mr. St. Johns speech against the Ship-mony Judges p. 32 33. my Plea for the Lords my Levellers levelled my Ardua Regni my Epistle before my Speech in Parliament my Memento my Sovereign Power of Parliaments and Kingdomes part 1 2 3 4. my Legal Vindication against illegal Taxes and pretended Acts of Parliament London 1649. Prynnethe Member reconciled to Prynne the Barâ—ester Printed the same year My Historical Collection of the Ancient great Councils and Parliaments of England London 1649. My Truth triumphing over Falshood Antiquity over Novelâ—y London 1645. 3 E. 1. c. 5 4 E. 3. c. 14. 36 E. 3. c. 10. 1 H. 4. c. 3 4. 5 R. 2. Stat. 2. c. 4. Rastal tit Parliament 1 H. 4. Rot. Parl. n. 21. 22. 48. 70. 31 H. 6. c. 1. 39 H. 6. c. 1. Rot. Parl. n. 8. 17 E. 4. c. 7. expresse in point and some of the Records hereafter transcribed In this I shall be more sparing because so fully confirmed in these and other Treatises The Seventh is ratified by Sir Edward Cooks 1. Institutes p. 97 98. 4 Institutes p. 89. and 5. report Cawdries case of the Kings Ecclesiasticall Laws Rastals Abridgement of Statutes Tit Provisors Praemunire Rome and other Records and Statutes in the ensuing Chapter The Eight is verified by the Statutes quoted in the Margin to it and by other Records in the third Chapter The Ninth and Tenth are fully debated in my Soveraign Power of Parliaments and Kingdomes par 2. p. 3. to 34. part 4. p. 1. to 13. and 162. to 170. touched in Sir Robert Cottons Posthuma p. 174. 179. confirmed by sundry Presidents in the next Chapter by 1 H. 4. Rot. Parl. n 32. How all and every of these Fundamentall Liberties Rights Franchises Laws have been unparalledly violated subverted in all and every particular of late years beyond all Presidents in the worst of former ages even by their greatest pretended Propugners their own Printed Edicts Instruments Ordinances Papers together with their illegall Oppressions Taxes Excises Imposts Sequestrations Rapines Violences unjust Proceedings of all kinds will sufficiently evidence if compared with the premised Propositions Not to insist on any fore-past illegall Imposts Taxes Excises under which the nation lately groaned imposed on us by unparliamentary Junctoes or the Army Officers alone from Anno 1648 to 1653. without any real Parliament by their own armed Iurisdiction I shall here instance onyl in 3. or 4 particulars relating wholly to the First Proposition being of most generall greatest present and future concernment of all other to the whole English Nation at this very instant most intollerably oppressed grieved by them directly sweeping away all their Fundamentall Right of Property and consequentially all their Liberty of person Laws Charters at once and that in perpetuity beyond all hopes of Future redemption if not timely prevented by the Vniversality Body of the Realm or their Trustees The first of them is the present imposition and continuance of the strange oppressive monstrous general high Tax of EXCISE imposed on most native and forreign Commodities throughout England and its Dominions which as it was a meer Stranger to all our Ancestors and those now living till within these few years so it was
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
laws and properties * Is there any between the late present powers and them further or longer than they please * Are they not so now * It is not so now when others who condemned and beheaded him for a Tyrant say pretendaâ—d act it over and over Nota. * Worth consideration of those of the long robe * And how mamy are guilty of this Treason See Hos 3 4 5. cap. 10. 3 4. cap. 1. 4. cap. 1. 4. Zech. 9. v. 5. Hab. 1. 10 14 15. Mic. 4. 9 10. Amos 1. 13 14 15. Lam. 5. 16. Ezech. 19. 1. 14. Isay 17. 3. c. 7. 16. Jer. 17. 25. 27. cap. 18. 7 8. cap. 22. 3. to 13. cap. 25. 8 to 38. cap. 51. 20. Proverb 28. 2. Ezech. 17. 14. cap. 29. 14 25 Isa 47 verse 5. Daniel 4. verse 17. * Are they so now and who have dissolved the Ligaments that formerly united and held them together * Have we not many counterfeit laws and Acts of Parliament of law and yet some counterfeit Judges that execute and give them in charge as true ones * See Exact Collection p. 4. 12 243 262. 321. * Surely there are sundry falshoods in it as well as some truths * If we believe themselves in their own cases * Some mens act ons since declare they had some other ground and ayms than this * Those who severe and disjoynt one house from the other and by force armed power seclude exclude and disjoyn the members of the same House one from another so many times one after another justifie it too are the greatest disjoyners of the House and Parliament and very unlikely to make any firm or reall settlement of this Nation * See my Speech in Parliament p. 100. to 108. a See Gratian Caus 2. Qu. 1. 2. Summa Angelica Rosella Hostiensis Tit. Restituito * See Speeds Hist p. 1250. c. Mr. Vicars History of the Gunpowder-Treason The Arraignment of Traytors * Judg. 5. 21. * See the Laws of King Edward the Confessor confirmed by William the Conquerour Lex 55 56 57. The great Charters of King John and Henry 3. c. 29 30. 25 E. 1. c. 5 6. 34 E. 1. De Tallagio c. 1 14 E. 3. Stat. 1. c. 21. Stat. 2. c. 1. 35 E. 3. Stat. 2. c. 1. 15 E. 3. Stat. 3. c. 5. 21 E. 3. Rot. Parl. N. 16. 25 E 3. Rot. Parl. N. 16 27 E. 3. Stat. 2. c. 2. 36 E. 3. Rot. Parl. N. 26. 38 â— 3. c. 2. 45 E. 3. Rot. Parl N. 42. 11 H. 4. Rot. Parl. N. 50. 1 R. 3. c. 2. The Petition of Right 3 Caroli the Acts against Ship-money Knighthood Tonnage and Poundage 16. 17. Caroli * See Magna Charta c. 29. Cooks Institutes on it 5 E. 3. c. 9 15 E. 3. c. 1 2 25 E. 3. c. 4 28 E. 3. c. 3 37 E. 3. c. 18 42 E. 3. c. 3 2 R. 2. c. 2 4 5 H. 4. c. 10 19 H. 7. c. 10 23 H. 8. c. 8 The Petition of Right 3 Caroli and other Acts in ch 3. 2 H 4. Rot. Parl. N. 60. 69. * 4 E. 3. c. â— 17 R. â— c. 10 * See the Laws of Edward the Confessor and William the Conqueror Lex 35. 55 56 58. Rasâ—â—als Abridgement Tit. Armour 35 E. 3. c. 8. Rot. Parl. N. 23 The Statures for impressing Souldiers 16 1â— Caroli 〈◊〉 E. 3. Stat. 2. c 5. 4 H. 4. c. 13. Exact collection p. 878 879. a See Magna Char. c. 29. 5 E. 3. c. 9. 15 E. 3. c. 1 2 21 E. 3. Rot. Parl. N. 28. 1â— E. 3. N 35 36 37. â—5 E. 3. c. 4 Rot. Parl. N. 16. 28 E. 3. c. 3. 37 E. 3. c. â—8 42. E. 3. c. 1. 3. 2 R. 2. Parl. 2. c. 2. 7 R. 3. c. 4. 2 H 4. Rot. Parl. N. 60. 69. 15 H. 6. c. 4. The Petition of Right 3 Car. and the Statutes against Ship-money Knighthood Tonnage and Poundage 16 17 Caroli b See 1 Sam. 7. 4 to the end c. 11. 14 15. c. 12. 1. 2 Sam. 5. 1 2 3. c. 16. 18. 1 King 12. 3. to 21. c. 16. 1â— c. 20. 7 8. 2. King 11. 1. to 21. c. 21. 24. c. 23. 30. c King Johns Magna Chaâ—ta Matth. Paris p. 247. 5 R. 2. c. 4. cookâ— 4. Instit c. 1. My Plea for the Lords My Ardua Regui The Levellers levelled and Epistle before my Speech in Parliament 4 E. 3. c. 14. 36 E. 3. c. 10. 50 E. 3. N. 151. 1 R. 2. N. 95. 2 R. 2. N. 4 5. d See 39 H. 6. c. 1. 17. E. 4. c. 7. â— H. 4. N. 21 22. 48. 1 H. 4. c 3. * See Rastals Abridgement of Statutes Title Provisionâ— Premunire Rome e Leges Edwardi Regis c. 35 Lambards Arch. F. 135 136. Cooks 7. Report Calvins Case f. 6 7. Leges Willielmâ— Regis Lex 58 59. Seldens Notae ad Eadmerum p. 191. 11 H. 7. c. 1. 18 19 H. 7. c. 1. 25 H. 8. c. 22. 26 H. 8. c. 3. 28 H. 8. c. 7. 1 Eliz. c. 1. 3. 5. 5 Eliz. 2. c. 1. 1 Jac. c. 1 2. 3. Jac. c. 1 2 4 5. 7 Jac. c. 6. The Protestation League and Covenant and the ancient Oathes of Fealty Homage Mayers Sheriffs Free-men * Daniels History p. 78 79. 80. 123. 10. 12 n. 2. r. 8. H 5. r. 9 1. 1. 6. n. 53. 31. H. 6. r. 7. 1. R. 2. n. 14â— 1. H. 4. n. 100. 6 H 4. n. 4. 15. 8. H. 4. n. 12. 33. H. 6. n. 47. 4. G. n. 3â— 12 E. 4 n. 6. a See my Declaration and Protestation against the illegal detestable oft-condemned new Tax and Extortion of Excise 1654. Exact collection p. 885. Mr. St. Johns Speech concerning Ship-money p. 15 16. * Exact Collection p. 886. Nota. Nota. * And is not this its present sad slavish condition * Do they not so on Beer Salt and other Manufactures for which they now pay Excise * Witness Mr. â—ony amongst others Nota. See the Arguments concerning them in Mr. Hambdins and others cases 2. * See Cook 4. Justi c. 1. Brooks Parliament 4. 76 42. 107. and my Plea for the Lords * See Cooks 4. Justit c. 1. and Rastal Taxes Nota. Nota. Nota. * Though he came in by the Sword as a kind of Conquerour Nota. Nota. * And are not all the Commons Merchants Freemen of England bound to use the same course and make the sâ—me Declaration now Nota. * And can our pâ—esent Grandees take it in ill part if we refuse to pay them now being demandâ—d without Warrant of a Law and the receivers of them in a Premunire by express Act of Parliamen of 16 Caroli made since this Remonstrance a Alderman Chambers Mr. Rolls and others Nota. * Exact Collection p. 790. to 797. * See Historiae Anglicanae Londini 1652. Col. 2750 2751. Halls Chronicle f. 7 8. John Trussel in 23. R. 2. p 46. Grafton p. 401. Nota. * See Mr. St. Johns Argument at his Attainder p. 36. to 52. * See Judge Crooks Judg Huttons printed Arguments my Humble Remonstrance against the Illegal Tax of Shipmony * Printed at the end of Judge Huttoes Aâ—gument amongst the staâ—utes of 16 Caroli * Chap 1. p. Diurnal Occurences Speeches p. 191. to 265. Objection Answer * See p. 12 to 20 before the 1 Proposition and Statutes Arguments thereunto specially 23 E. 1. c. 5. 6. 34. E. 1. c. 1 2 3. 14 E. 3. c. 21 and Stat. 2. c. 1. 3 Caroli The Petition of Right * See their Impeachments printed trials Mr. St. Johns Argument at Law against Strafford p. 34 35. * Cook 4 Inst p. 42. 11 R. 2. c. 4. 1 H. 4. rot Parl. n. 143. 2 H. 4. c. 22. 21 R. 2. c. 4 5 6. 1 H. 4. c 7. rot Parl. n 48. 60. 68. * See Sir Edw. Cooks Preface to his 2. Institutes * Jer. 21. 12. c. 22. 3 4 5. Ps 12. 5 Ezech. 18. 5. to 14. c. 22. 12 13 27 29 30. c. 45. 7. to 10. c. 46. 18. Mich. 3. 1. to 5. c. 2. 1 2 3. c. 7. 2. Isa 58. 6. * See True c. p. 17 18. Objection Answer * Math. Paris Hist Angliae London 1640. p. 810. 818 854 875. * See Mâ— Sr. Johns Speech against the ship-money Judges p. 16 17 18 19. Exact Collect p. 885. * See Heylyns Microcosme p. 756 757 758 395 412. 507. 577. 578. 642. 672. 704. * Exact Coll. p. 7. 575. 639 640 641. 807. 836. 850. to 890. * See the Act of Resumption 28 â— 6. 11. 53. a See Cooks 4 Instâ—t c. 1. p. 33. Regal Taxes here ch 3. sect 4 5 6. * See 14 E. 3. c. 21. stat 2. c. 1. 5. R. 2. stat 2. c. 2 3 all Acts for 〈◊〉 * See Henry de Knyghton de Eventibus Angliae l. 5. col 2681. to 2690. 2 R. 2. rot Parl. n. 20 21 24. * Qâ— Curtius Hist l. 7. p. 831. * Qu. Curtius Hist l. 8. * Printed at Nuâ—â—mbergh 1521. * See Revelationum l. 4. c. 104 105. l. 7. c. 16. l. 8. c. 48. Revâ—lationes extravagantes c. 73 80. * Revelationum l. 8. c. 48. * Math Paris Hist Angl. p. 517. * De Remedio Amoâ—s l. 2. * See Mat. Paâ—â—s p. 306. 308. Grafton p. 90. 149. Daniel p. 78 79 83 123. 1 R. 2. Rot. Parl. to 148. 1 H. 4. n. 100. 6 H. 4. n. 14 15. 8 H. 4. n. 52. 1 H. 5. c. 6. 28 H. 6. rot Parl. n. 53. 31 H. 6. c. 7. 33. H. 6. n. 47. 4 E. 4. n. 39. 12. E. 4. n. 6.