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A56227 A seasonable, historical, legal vindication and chronological collection of the good old fundamental liberties, franchises, rights, laws of all English freemen ...; Seasonable, legal, historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all English freemen. Prynne, William, 1600-1669. 1654 (1654) Wing P4122; ESTC R13248 47,108 63

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Judgements and Authorities in all ages undeniably evidencing declaring vindicating establishing perpetuating these Fundamental Hereditary Rights Liberties Priviledges Franchises Customs Laws and abundantly manifesting the extraordinary care industry zeal courage wisdom vigilancy of our Ancestors to defend preserve and perpetuate them to posterity without the least violation or diminution 4. I shall vindicate the exellencie indifferencie and legality of trying all Malefactors whatsoever by Juries of their peers upon legal Processe and Indictments and manifest the illegality injustice partiality dangerous consequences of admitting or introducing any other form of Trials by New Arbitrary Martial Commissions or Courts of High Justice or rather * Injustice inconsistent with and destructive to the Fundamental Rights Liberties Priviledges Laws Franchises of the English Nation and of most dangerous President to Posterity being set up by the greatest Pretenders to Publike Liberty Law and the chiefest inveighers against Arbitrary Regal Tyranny and Power which never publikely established them by any Law and may fall to imitate them in future Ages Each of these I intend to prosecute in distinct Chapters in their order For the first of these That the Kingdome and Free-men of England have some Ancient Hereditary Right Liberties Priviledges Franchises Laws and Customs properly called FVNDAMENTAL and likewise a FVNDAMENTAL GOVERNMENT no wayes to be alt●red undermined subvert●d 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 a traytorous late-published Pamphlets which professedly deny it and endeavour a total abrogation of all former Laws to set up a New Model 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 b King John Anno 1215. in the 17 yeer of his Reign regranted and confirmed by King Henry the third in the ninth yeer of his Reign and sundry times afterwards and by King Edward the first in the 25 and 28 yeers of his Raign wherein these three Kings successively by their several Grand Charters under their Great Seals did grant give and confirm to all the Free-men of the Realm of England FOR THEMSELVES AND THEIR HEIRS FOR EVER the Customs Liberti●s therein contained TO HAVE AND TO HOLD THEM TO THEM AND THEIR HEIRS FROM THEM AND THEIR HE●RS FOR EVER Concluding their Charters thus All these Customs and Liberties aforesaid which we have granted to be holden within this our Realm as much as appertaineth TO US AND OUR HEIRS WE SHALL OBSERVE And ALL MEN OF THIS OUR REALM AS WELL SPIRITUALL AS TEMPORALL as much as in them is shall observe the same against all persons in likewise And we have granted unto them THAT NEITHER WE NOR OUR HEIRES SHALL PROCURE OR DO ANY THING WHEREBY THE LIBERTIES IN THESE CHARTERS CONTAINED SHALL BE INFRINGED OR BROKEN We ●atifying and approving these Gifts and Graunts aforesaid CONFIRM and CORROBORATE ALL THE SAME FOR US AND OUR HEIRS PERPETUALLY and by these Presents as the later Charters run do renew the same Willing and Granting FOR US AND OUR HEIRS THAT THESE CHARTERS AND ALL AND SINGULAR THEIR ARTICLES FOR EVER SHALL BE STEDFASTLY FIRMLY AND INVIOLASLY OBSERVED Sir Edward Cook that reverend learned Judge and Professor of our Laws in his preface to his second Institutes and p. 2. and 77. thereof wherein he comments on this Great Charter printed by two Orders of the House of Commons in Parliament dated 12 Maii. 1641. and 30 Junii 1642. resolves in direct terms That the Great Charter was for the most part declaratory of the Principal Grounds of THE FVNDAMENTAL LAWS OF ENGLAND That these words therein for as and our heirs for ever were added to avoid all scruples THAT THIS GREAT PARLIAMENTARY CHARTER MIGHT LIVE AND TAKE EFFECT IN ALL SUCCESSIONS OF AGES FOR EVER A clear Resolution that the principal Liberties Customs Laws contained in these Great Charters and ratified by them are both Fundamental perpetual and unalitrable being since confirmed in all points by neer fourty several special Acts of Parliament in succeeding Parliaments and likewise by the Solemn Oathes of our Kings Nobles Judges Great Officers and of the People too all severall times sworn to defend and maintaine the same and by sundry Solomn Excommunications against the onfringers or contemners of them in any kind as I shall prove more fully in the third Chapter The second is the punctuall Resolution of the whole Parliament of 1 Jacobi even in a printed act of Parliament chap. 2. and of King James himself in his speech therein as is evident by this Prologue to that act Whereas his most excellent Majestie hath been pleased out of his great wisdome and judgment not onely to represent unto us by his own prudent and Princely Speech on the first day of this Parliament how much he desired in regard of his inward and gratious affection to both the famous and ancient Realms of England and Scotland now united in allegiance and by all subjection IN HIS ROYAL PERSON TO HIS MAJESTY AND HIS POSTERITY FOR EVER that by a speedy mature and sound Deliberation such a future Vnion might follow as should make perfect that mutual love and uniformity of Maners and Customs which Almighty God in his providence for the strength and safety of both Realms hath so far already begun in● pparent sight of all the world but also hath vouchsafed to expresse many ways how far it is and EVER SHALL BE from his Royal and sincere care and affection to the Subjects of England TO ALTER OR INNOVATE the FUNDAMENTAL and ANCIENT LAWS PRIVILEGES and GOOD CUSTOMS OF THIS KINGDOM whereby not only HIS ROYAL AUTHORITY but THE PEOPLES SECURITY OF LANDS LIVINGS and PRIVILEGES ●oth in generall and particular are PRESERVED and MAINTAINED and BY THE ABOLISHING OR ALTERATION OF THE WHICH IT is IMPOSSIBLE BUT that PRESENT CONFUSION WIL FALL UPON the WHOLE STATE and FRAME OF THIS KINGDOM c. In which memorable Clause these four things are observable 1. That the Kingdom and People of England have Fundamental ancient good Laws Privileges and Customs 2. That these are no ways to be altered or innovated and that it always hath been is and ever shall be far from the thoughts and intents of all good Kings Governours and Parliaments who bear a sincere care and affection to the subjects of England to alter or innovate them 3. That by these ancient good Laws Privileges and Customs not onely the Kings Regal authority but the peoples security of Lands Livings and Privileges 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 whole State and frame of this Kingdome Which I wish all Innovators and New Modellers of our Laws
A Seasonable Historical Legal VINDICATION AND CHRONOLOGICAL COLLECTION Of the good Old Fundamental Liberties Franchises Rights Laws of all English Freemen their best Inheritance Birth-right Security against Arbitrary Tyranny Egyptian Slavery and Burdens of late years most dangerously undermined oppungned and almost totally subverted under the specious feigned Disguise of their Defence Enlargement and future Establishment upon a sure Basis IT is an universal received Principle and experimental Truth beyond all contradiction That no natural structure no arteficial Building no Civil or Ecclesiastical Corporation Realm Reipublicke Government or Society of men no Art nor Science whatsoever can possibly be erected supported established preserved or continued in their being or well being without FOUNDATIONS whereon as they were at first erected so they must necessarily still depend or else they will presently fall to utter ruine Hence it is to wave all Humane Authorities in so clear a Verity that in God's own sacred uner●ing a Word of Truth we find frequent mention of the natural b FOUNDATIONS of the vast natural Fabrick of the Earth Heavens and World it self of the Artificial Material c FOVNDATIONS of the material Temple wals City of Gods own most famous city Ierusalem and of private houses of the Spiritual d FOUNDATION of the Spiritual Temple City Ierusalem and whole Church of God even Iesus Christ himself of the Doctrinal e FOUNDATIONS and first principles of Religion Christianity Salvation yea of the Political f FOUNDATIONS of Kingdoms Reipublikes Churches Governments States which being once shaken undermined subverted razed or destroyed bring unavoidable ruine and desolation upon them Psal. 11. 3. Psal. 82. 5 6. Ier. 50 17. 51 15 16. Mic. 1. 6 7 9. even as we daily see Castles Wals Houses to fall instantly to the ground and become an heap of Confusion when their Foundations are blown up decayed or demolished Upon which consideration those publike Laws which establish fence fortifie support the Foundamental Constitutions Rights Liberties Priviledges of any Nation Kingdome Reipublike essential to their being and subsistence as a free or happy people against the Invasions Vnderminings Encroachments of any Tyrants Vsurpers Oppressors or publike enemies are usually stiled FUNDAMENTAL LAWS and have ever been reputed so sacred inviolable immutable in all ages upon any Preterces of Necessity or publike Safety that most Nations and our own English Ancestors above others have freely chosen to hazard yea lose their Estates Lives in their just defence against such exorbitant Tyrannical Kings and other Powers who by force or policy have on leavoured to violate alter or subvert them rather then out of Cowardize Scottishnesse Carelessenesse or want of cordial love to the Publike to suffer the Last infringement repeal or alteration of them to the inthralling of Themselves or their Posterities to the arbitrary Wills of such Domineering Tyrants and Vsurping Poners Now because after all our Old and New many yeers bloody costly dangerous Contest and Wars for the maintenance of our Good Old Fundamental Liberties Laws Rights Priviledges against all secret or open underminers of them I clearly behold with grief of heart that there is a strang monstrous Generation of New TYRANNICAL STATE HERETICKS sprung up amongst us who are grown I desperately impudent as not onely to write but publikely to assert in Print in a Books printed by AUTHORITY even in Capitals in the very Title-page That the Free-men and People of England have no such unalterable Fundamental Laws and Liberties left them by their fore-fathers as our Ancestors heretofore contested for both in the Field and Parliament-House with William the Conqueror Henry the first King John Henry the third Edward 1 2 3. Richard the second with other Kings and Princes and our late Parliaments and Armies too with King James and King Charles That neither Magna Charta nor the Petition of Right nor the Laws for trying Malefactors by Juries of their peers are Fundamentall or unaltera●le but that the STATE-PHYSITIANS or rather Mountebanks of our time who are not tied up to them but left free unto themselves may lay them quite aside either in part or whole as they see cause Yea having now attained to such a super-transcendent Authority as may as they assert DAY ASIDE ALL PARLIAMENTS and PARLIAMENTARY WAYES and appoint SOMETHING ELSE as more seasonable and proper to us and as Providence makes way for it if they see it more conducing to the safety and good of the Common-wealth that is to their own private Interests Honours Profits Securities Designes Oppressions Rapines gilded over with this specious pretext And then ●●●emptorily conclude That to plead for these and other Fundamental Laws and Liberties as unalterable though the onely 〈◊〉 and Badges of our Freedom is nothing else but to 〈◊〉 the Nation for by such a Principle People doe 〈…〉 their Liberty but are brought under such a kind of Tyranny out of which AS BEING WORSE THAN THE AEGYPTIAN BONDAGE there is no hope of deliverance An absurd Tyrannical Paradox transcending any I ever yet met with in any Author stripping us naked of all our long enjoyed Laws Liberties Franchises Great Charters at once tending onely to reduce and perpetually inthral us under such an absolute AEGYPTIAN BONDAGE and Tyranny without any hope of future deliverance from it which some now endeavour to entail on us and our posterities for ever by an Iron Law and Yoke of Steel in stead of restoring to us that Glorious Freedome which we have so long expected from them in vain And because I find the Generality of the Nobility Gentry Clergie Commonalty of our Nation after all their late yeers expensive bloudy wars and Parliamentary Disputes for the defence and preservation of these our Ancient Hereditary Fundamental Charters Laws Liberties Priviledges so strangely degenerated both from themselves and their Heroick prudent Ancestors as that they are more readily inclined upon every occasion out of a base un-Christian un-manly un-English fear or Scottish cowardice and stupidity wittingly to desert betray surrender them all up into the hands of any invading Vsurpers without the least Publike Claim Dissertation Defence or Dispute then diligently or couragiously to contend for them as of late they did So as that which Paul once taxed in the slavish besotted Corinthians 2 Epist. 11. 20. may be most truly averred of our degenerated infatuated English Nation Ye suffer if a man bring you into bondage if a man devour you if a man take of you if a man exalt himself above your Laws Liberties Franchises Parliaments Kings Nobles Properties Lives Conscience and a all that is called God or worshipped if a man smite you on the face notwithstanding all their manifold late b Protestations Vows Covenants Remonstrances Declarations and Publike Engagements to the contrary And withal after diligent enquiry discovering scarce one man of Eminencie or Power in the Nation nor so much as one of my degenerated temporizing Profession of the Law even
of the said KING robbing slaying spoiling a great part of his faithfull People Our said Soveraign Lord the King considering the promises with many other which were more odious to remember by advice and assent of the LORDS Spirituall and Temporall and at THE REQVEST OF THE COMMONS and by authority aforesaid hath ordained and established that the said Iohn Cade shal be had named and declared a false Traytor to cur said Soveraign Lord the King and that all His Tyranny Acts Facts false Opinions shall be voyded abated adnulled destroyed and put out of remembrance for ever And that all indictments in time coming in like case under power of Tyranny Rebellion and stirring had shall be of no regard nor effect but void in Law and all the petitions * delivered to the said King in his last Parliament holden at Westminster the sixth day of November the 29 of his Reign against his mind by him not agreed shall be taken and put in oblivion out of remembrance undone voided adnulled and destroyed for ever as a thing purposed against God and his Couscience and against his royall estate and preheminence and also dishonourable and unreasonable 5. In the a 8 year of King Henry the 8. William Bell and Thomas Lacy in the County or Kent conspired with Thomas Cheyney the Hermite of the Queen of Fairies TO OVERTHROW THE LAWS AND CVSTOMS OF THE REALM for effecting whereof they with 200. more met together and concluded upon a cause or raising greater forces in Kent and the adjacent shires this was adiudged high treason and some of them executed as traytors Moreover it b was resolved by all the Judges of in the reign of Henry S. that an Insurrection against the Statute of Labourers or for the inhansing of salaries and wages was Treason a levying war against the King Because it was generally against the KINGS LAW and the Offenders tooke upon them the REFORMATION thereof which Subjects by gathering of power ought not to do 6. On a December 1. in the 21. yeer of King Henry the 8. Sir Thomas Moor Lord Chancellor of England with 14. more Lords of the Privy Councel Iohn Fitz Iames Chief Justice of England and Sir Anthony Fitzherbert one of the Judges of the Common Pleas exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinall Wolsy That he had by divers and many sundry ways and fashions committed High Treason and notable grievous offences misusing altering and subverting the order of his Graces Laws and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royall to the inestimable great hinderance dimunition and decay of the universal Wealth of this his Graces Realm The Articles are 43. in number The 20 21 26 30 35 47 42 43. contain his illegal arbitrary practices and proceedings to the subversion of the due course and order of his Graces Laws to the undoing of a great number of his loving people Whereupon they pray Please therefore your most excellent Majesty of your excellent goodness towards the Weal of this your Realm and Subjects of the same to see such order and direction upon the said Lord Cardinal as may bee to terrible example of others to beware to offend your Grace and your Lawes hereafter And that he be so provided for that he never have any power jurisdiction or authority hereafter to trouble vex or impoverish the Commonwealth of this your Realm as he hath done heretofore to the great hurt and dammage of every man almost high and low His * poysoning himself prevented his Iudgment for these his practises 7. The b Statute of 1. Marie● 12. Enacts that if 12. or more shall endeavour by force to alter any of the laws or statutes of the Kingdome the offender shall from the time therein limited be adjudged ONELY AS A FELON whereas it was Treason before but this act continuing but till the next Parliament and then expiring the offence remains Treason as before 8. In the a 39. of Queen Elizabeth divers in the County of Oxford consulted together to go from house to house in that County and from thence to London and other parts to excite them to take arms for the throwing down of inclosures throughout the Realm nothing more was prosecuted nor assemblies made yet in Easter Term 39. Elizabeth it was resolved by all the Judges of England who met about the case That this was High Treason and a levying Warre against the Queen because it was to throw down all inclosures throughout the Kingdome to which they could pretend no right and that the end of it was to overthrow the Laws and Statutes for Inclosures Whereupon BRADSHAW and BVRTON two of the principall offenders were condemned and executed at Aic●ston Hill in Oxfordshire where they intended their first meeting 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 16●0 1641 b The whole House of Commons impeached Thomas Earle of Stafford Lord Deputy of Ireland of high Treason amongst other Articles for this crime especially wherein all the other centred that he Treasonably endeavoured by his Words actions and Counsels to subvert the Fundamentall Lawes of ENGLAND and IRELAND and introduce an arbitrary and Tyrannicall Government This the whole parliament declared and adjudged to be High treason c in and by their votes and a speciall act of parliament for his attainder for which he was condemned and soon after executed on Tower Hill as a traytor to the King and Kingdome May 2● 1641. 10. The whole House of Common● the same Parliament impeached William L●●d archbishop of Canterbury of HIGH TREASON in these 〈…〉 1646. First that he hath traytorously endeavoured 〈…〉 Fundamental Lawes and Government of this Kingdome of England and instead thereof to introduce an Arbitrary and Tyrannical Government against Law And hee to that end hath wickedly and Traiterously advised his Majesty that hee might at his own will and pleasure levy and take Money of his Subjects without their consent in parliament and this hee affirmed was warrantable by the Law of God Secondly He hath for the better accomplishment of that his Trayterous design advised and procured Sermons and other Discourses to be preached printed and published in which the authority of parliaments and the force of the Laws of this Kingdome have been denyed and absolute and unlimited power over the persons and estates of his Majesties Subjects maintained and defended not onely in the King but in himself and other Bishops against the Law Thirdly he hath by Letters Messages Threats and promises and by divers other ways to Judges and other Ministers of Justice interrupted perverted and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of Justice in his Majesties Courts at Westminster and other Courts to the subversion of the LAWES of this KINGDOME whereby sundry of his Majesties Subjects have been stopt in their
would now at last lay seriously to heart and the whole Kingdom and English Nation sadly consider who have found it an Experimental truth of late yeers and no imaginary feigned Speculation The third is The Remonstrance of the whole House of Commons in Parliament delivered in writing to K. James in the Parliament of 7 Iac. 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 have received first by Message and since by Speech from your Majestie 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 Wee your said humble Subjects nothing doubting but that your Majestie had no intent by that command to infringe THE ANCIENT AND FVNDAMENTAL RIGHTS OF THE LIBERTY OF PARLIAMENT in poynt of exact discussing of all matters concerning them and their possessions Goods and Rights whatsoever which yet wee cannot but conceive to be done in effect by this command Do with all humble duty make this Remonstrance to your Majestie First Wee hold it AN ANCIENT GENERAL and VNDOVBTED RIGHT OF Parliament to debate freely all matters which do properly concern the Subject and his Right or Estate which freedom of debate being once fore-closed THE ESSENCE OF THE LIBERTY OF PARLIAMENT IS WITHALL DISSOLVED Here the whole House of Commons in a special Remonstrance to King James printed and published by Order of a Committee of the House of Commons for licensing of Books dated 20 Maii 1641. 17 Caroli declare resolve vindicate and maintain One principal ancient Fundamental general undoubted 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 so much nay farre more intrench upon the ancient Fundamental General undoubted Right 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 ● A. B. do swear that I will never give my consent TO ALTER THE GOVERNMENT OF THIS CHURCH BY ARCH-BI●HOPS BISHOPS DEANS AND ARCH-DEACONS c. AS IT STANDS NOW ESTABLISHED AND AS BY RIGHT IT OVGHT TO STAND * Resolved by the whole House of Commons and Peers too without one dissenting voyce in Parliament Decemb. 1640. to be a most dangerous and illegal Oath contrary to THE RIGHTS and PRIVILEGES OF PARLIAMENT and to the FVNDAMENTAL LAWS STATVTES OF THE REALM c. and OF DANGEROVS CONSEQVENCE The contriving whereof was objected to the late Arch-bishop of Canterbury in his Original and Additional Articles of Impeachment to be HIGH TREASON for which amongst other thigs he lost his head The fourth is the notable Petition of Grievance of the whole House of Commons in Parliament presented to King James in the seventh yeer of his Reign after their Vote against his right to lay any Impositions on Goods imported or exported without assent of Parliament in these ensuing words THe policy and Constitution of this your Majesties Kingdom 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 Merchandizes 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 Kingdom as they have * ever shewed themselves faithful and loving to their Kings ready to aid them in all their 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 Princese it her occasioned by war or by their own bounty or by any other necessity have without consent of Parlament set on Impositions either within the Land or upon Commodities exported or imported by the Merchants they have in open Parliament complained of it in that it was done without their consents AND THEREUPON * NEVER FAILED TO OBTAIN A SPEEDY AND FULL REDRESS without any ‖ Claim made by the Kings of any Power or Prerogative in that point And though THE LAW OF PROPERTY BE ORIGINAL and carefully preserved by the Common Lawes of this Realm WHICH ARE AS ANCIENT AS THE KINGDOM IT SELF yet those famous Kings for the better contentment and assurance of their loving Subjects agreed THAT THIS OLD FVNDAMENTAL RIGHT observe the words should be further declared AND ESTABLISHED BY ACT OF PARLIAMENT wherein it is provided That no such Charge should ever be laid upon the People without their common consents as may appear by sundry Records of former times We therefore your Majesties most humble Commons assembled in Parliament * FOLLOWING THE EXAMPLE OF THIS WORTHY CARE OF OVR ANCESTORS AND OVT OF OVR DVIY TO THOSE FOR WHOM WE SERVE finding that your Majesty without advice of your Lords and Commons hath lately in times of Peace SET BOTH GREATER IMPOSITIONS AND FAR MORE IN NVMBER THEN ANY YOVR NOBLE ANCESTORS DID EVER IN TIME OF WAR do with all humility present this most just and necessary Petition unto your Majesty THAT ALL IMPOSITIONS SET WITHOVT ASSENT IN PARLIAMENT MAY BE QVITE ABOLISHED AND TAKEN AWAY And that your Majesty likewise in imitation of your Royal PROGENITORS will be pleased that a Law in your time and during this Session of Parliament may be also made to declare THAT ALL IMPOSITIONS OF ANY KIND SET OR TO BESET VPON YOVR PEOPLE THEIR GOODS OR MERCHANDIZES SAVE ONLY BY COMMON CONSENT IN PARLIAMENT ARE AND SHALL BE VOYD wherein your Majesty shall not only GIVE YOVR SVBJECTS GREAT SATISFACTION IN POINT OF THEIR RIGHT but also bring exceeding joy and comfort to them who now suffer partly through the abating of the price of Native Commodities and partly through the raising of all Forein to the overthrow of Merehants and Shipping the causing of general dearth and decay of all wealth
this businesse in the Army where it was first coined and return an Accompt hereof to this House These Votes were seconded soon after with these ensuing votes entred in the Commons Journall and printed by their special Order 23. November 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 sedititious 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 Fundamentall Government of the Kingdome Resolved c. That Thomas Prince Cheesemonger and Samuel Chidley be forthwith committed prisoners to the Prison of the Gatehouse 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 Ajudged by this House to be destructive to the being of Parliaments and fundamentall Government of the Kingdome Resolved c. That Jeremy Jues Thomas Taylor and William Larnar be forthwith 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 Agrement of the people formerly adjudged by this House to be destructive to the being of Parliaments and Fundamentall Government of this Kingdome Resolved c. That a Letter be prepared and sent to the Generall 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 Rendezvouz near Ware and to give him thanks for it and to desire him to prosecute that Businesse the to bottome and to bring Such guilty persons as he shall think fit to condigne and exemplary Punishment Resolved c. That the Votes upon the Petition and Agreement annexed and likewise the Votes upon this Petition be forthwith printed and published After which by a Speciall Ordinance of both Houses of Parliament 17 December 1647. No person whatsoever who had contrived plotted prosecuted or entred into that Engagement inti●uled The agreement of the people declared To be destructive to the being of Parliaments and Fundamentall Government of the Kingdome for one whole year was to be elected chosen or put into the office or Place of Lord Mayor or Alderman Sheriffe Deputy of a Ward or Common Councel man of the City of London or to have a voice in the Election of any such Officer All these particulars with the Capitall Proceedings against White and others who fomented this Agreement in the Army abundantly evidence the veriey 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 the fundamentall Government Laws and Liberty of our Nation which I wish they would now sadly lay to heart The third is the memorable Statutes of 3. Jacobi ch 1 2 4 and 5. Which relating the old Gunpowder Treason of the Jesuites and Papists and their infernal inhumane barbarous detestable plot to blow up the King Queen Prince Lords Commons and 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 hainousnesse and transcendency thereof by this circumstance That it was as some of the principall Conspirators thereof 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 falsely and standerously term 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 Kingdome and 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 up upon the Parliament House for terrour of others Even so let all other Traytors Conspirators against our Fundamental Laws Liberties Government Kings Parliaments and Religion treading presumptuously in their Jesuiticall footsteeps * perish O Lord but let them who cordilally love and strenuously maintain them against all Conspirators Traytors Underminers Invaders whatsoever be as the Sun when he 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 Wars Confusions by their restitution and establishment CHAP. II. HAving thus sufficiently proved That the Kingdome and Freemen of England have some ancient hereditary Rights Liberties Franchises Priviledges Customes properly called FVNDAMENTALL as likewise a Fundamentall Government no wayes to be altered under mined 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 reall Parliaments have both declared to be and eagerly contested for as Fundamentall and Essentiall to their very being and well being as a Free people Kingdome Republick unwilling to be enslaved under any yokes 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 kind by any Powers or Pretences whatsoever and transmit perpetuate them intirely to their posterities as their best and chiefest inheritance I shall comprise the Summe and Substance of them all in these 9. Propositions beginning with the Subjects Property which hath been more frequently universally invaded assaulted undermined by our Kings and their evill instruments and thereupon more strenuously frequently and vigilantly maintained 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 have been constantly defended maintained when impugned or incroached upon by our Ancestors and our selves 1. That no Tax Tallage Aid Subsidy Custome Contribution Loan Imposition Excise or other Assessement whatsoever for Defence of the Realm by Land or Sea or any other publick ordinary or extraordinary occasion may or ought to be imposed or levyed
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 Shipmony both printed at London 1641. By the Case of Shipmony briefly discussed London 1640. by Mr. St. Johns Argument and Speech against Shipmony printed at London 1641. By Sir Edward Cook in his 1. Institutes p. 46. and 57. to 64. and 528. to 537. By the 1. and 2. Remonstrance of the Lords and 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 Shipmony London 1643. The fourth part of the Soveraign power of Parliaments and Kingdomes p. 14. to 26. and my Legall Vindications 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 la●gely 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. Ap●ilis 4. Ca●ol●printed at London 1642. By Sir Edward Cook in his Institutes on Magna Charta c. 29. p. 45. to 57. By the 1. and 2. Remonstrance of the Lords and Commons against the Commission of Array Exact Collection p. 386. c. 850. to 890. By Judge Crooks and Judge Huttons Arguments against Shipmony By Sir Robert Cotton his Posthuma p. 222. to 269. By my Breviate of the Prelates encroachments on the Kings Prerogative and Subjects Liberties p. 138. c. My new discovery of the Prelates tyranny p. 137. to 183. and some of the ensuing Statutes and Records The fifth and sixth of them are fully cleared and vindicated in and by the Prologues of all our Councils Statutes Laws before and since the Conquest By Sir Edward Cooks 4. Institutes ch. 1. Mr. Cromptons Jurisdiction of Courts Title High Court of Parliament My Soveraign power of Parliaments and Kingdomes p. 1 2 3 4. My Legal Vindication against illegal Taxes and pretended Acts of Parliament London 1649 Prynne the Member reconciled to Prynne the Barrester printed the same year My Historicall Collection of the ancient great Councils of the Parliaments of England London 1649. My Truth triumphing over Falshood Antiquity over Novelty London 1645. 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 Lawes and Rastals Abridgement of Statutes Tit. Provisors Praemunire and Rome 11. H. 7. c. 1. and other Records and Statutes in the ensuing Chapter The eighth and ninth are fully debated in my Soveraign Power of Parliaments and Kingdomes Part. 2. p. 3. to 34. Part fourth p. 162. to 170. and touched in Sir Robert Cottons Posthuma p. 174. to 179. How all and every of these Fundamentall Liberties Rights Franchises Lawes have been unparalelledly 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 Rapines violences Proceedings of all kinds whereof I shall give a brief accompt in its due place will sufficiently evidence if compared with the premised propositions Which abundantly confirm the truth of our Saviours words John 10. 1. 10. and this rule of Johannis Angelius Wenderhagen Politicae Synopticae lib. 3. c. 9. sect. 11. p. 310. Hinc Regulae loco notandum Quod omne Regnum Vi Armata acquisitum in Effectu Subdit is Semper in durioris Servitutis conditiones arripiat licet à principio Ducedinem prurientibus 〈◊〉 videatur Ideo cunctis hoc cavendum Nè temrè 〈◊〉 patiantur FINIS a Joh. 17. 17. 2 Cor. 6. 7. Eph. 1. 12. Ja. 1. 18 b 2 Sam. 22. 8 16. Iob 38. 4 6. Psal. 18 15. 102. 25. 1 4. 5. Prov. 8. 29. Isa. 24 18. 40 21. 48. 13. 51. 13 16. Ier. 31. 17. 24 Ephes. 4 4 Heb. 1. 10. 4. 3 9. 26. 1 Pet. 1. 20. c 1 King 5. 17 6. 37. 7. 9 10. Ezr. 4. 13 6 3. Ps. 137. 7. Ezek. 41. 8. Hag. 2. 8. Zech. 4 9 8. 9 Mat. 7 26 27. Luke 6. 48 49. d Isa. 28. 16. 54 11. Psal. 87. 1. 1 Cor. 3. 10 11 12. Heb. 11. 10. 1 Pet. 2. 6. Rev. 21. 14. 19. e 2 Tim. 1. 19. Heb. 6. 1 2. f Ier. 50. 15. Micah 1. 6 7. L●ke 6. 48 49. Mat. 7. 26 27. a Lib. tryed and cast p. 39 40 142 to 4● 154 Canne's Voice from the Temple which perswades the subversion and abolishing of all former Lawes especially for Tythes Ministers support a 2 Thes. 24 b See Exact Collect and a general Collect. 〈◊〉 Ordinances c. c See Culpeper's Lilly's Merlins Almanacks John Can's 2 Voice Lib. tried and cast with many Petitions and Pamphlets against the Law and Lawyers The Order of Aug. 19. 1653. That there should be a Committe selected to consider of a NEW BODY of the Law for the government of this Common-wealth * Summum jus est summa injuria Cic. de Offic●is p. 611. a Lib. tryed and cast p. 39. 40 142. to 148 and elsewhere John Can●●'s 2 Voice from the Temple John Rogers Mene 〈◊〉 Perex p 6. Lilly and Culpeper in their prognostication Anno 1653. 16 4 See the Arimies Proposals b See Math. Par●s p. 2. 6 Magna Chart. 9. 11. ● H. 3. c. 1. 38. 25 E. 1. c. 1 c. 28 E 1 c. 1 c Cook●s 2 Instit. p. 2. Not● See Prop. 1 6 in Chap 2. Nota. * See Cant. D●●m p 19 26 40. D●urn Occu● rences p. 13 See Propos. 1. in chap. 2. * O how are they now degenerated Nota. * And should they not be so now then * And shal we now at last fail herein ‖ How dare then any self-created powers who are neither Kings nor Parliaments now arrogate to themselves or exercise such a super-Regal arbitrary power and prerogative Nota. * And O that we would follow it now again Nota. * And do not those do so who now lay monthly Taxes Excizes Customs and New-Impost on us daily out of Parliament and that for many months and years yet to come against the Letter of their own Instrument and Oath too a See Canterburies Doom p. 19. Diurnal-Occurrences p. 13. b Exact Collection c. p. 112 113. See Chap. 2. P●oposition 3. 7. a Exact Collection p. 850. 854 887 888. * Do not the Army-Officers now enforce them to all this without a Parliament * These Expostulations reach to those at White-Hall now who presume to impose