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
for such ends by colour of this ill tuned Instrument contrived privatly by themselves alone as most conjecture for their own self-interests to impose perpetuall Imposts Excises Customes Contributions of all kinds on our whole three Kingdoms and Nations which neither they nor their Parliaments though never so grievous extravagant unreasonable or oppressive shall have power to take away diminish alter or regulate in the forecited illegall oppressing violent wayes of levying them unless their Grand Soveraign Lord Protector shall first give his consent thereto which they cannot expect nor enforce and in cale of his refusall they are utterly left remediless he having Thirty thousand armed Mercenary Horse and Foot in severall Quarters by Land and a strong numerous Navy by Sea at his command to keep them under endless Tributes to him and his Successors for ever O England England to omit Scotland and Ireland consider seriously and timely to what a blessed Liberty and long-expected freedome this New invented Instrument and the Irish Harp lately quartered with the English bloody Cross as our Free-State Arms hath now at last reduced thee if these objected Articles must remain inviolable maugre all our Laws Statutes c. to the contrary as our New Tax-masters and their Instruments both literally and practically conclude unlesse you use your uttermost lawfull present diligent joynt Endeavours to prevent it 〈…〉 4ly The whole House of Commons yea some who were parties to this Instrument lately impeached and with the Lords â—ouse by judgement of Parliament condemned beheaded the Earl of Strafford and Archbishop of Canterbury as guilty of High Treason in subverting our Fundamental Lawes Liberties and setting up an arbitrary Tyrannical Government for resolving at the Councel Table before-hand To assist the King to raise Monies on the Subjects to carry on the Warres against the Scots by extraordinary wayes in case the Parliament should prove peevish and refuse to grant such Subsidies as they demanded of them And for Straffords affirming That Ireland was a Conquered Nation and that the King might do with them what he pleased That they were a Conquered Nation and were to expect Lawes as from a Conqueror And that he would make an Act of Councel board in that Kingdom of Ireland as binding as an Act of Parliament And do not the Objectors Contrivers of this New Instrument Articles and those who now vigorously put it in execution in any kind as too many do speak out and do as much as bad as they in each of these particulars nay farre more and worse Do not they after the late violent breaches of our former Parliaments and their own Junctoes by the Army raise monies in more vast proportions by more irregular violent extraordinary wayes by longer continued Taxes Excises Impositions and constant yearly Revenues then they ever did or designed quite out of Parliament by their own arrogated Legislative Tax-imposing Power Do not they by this very Instrument proclaim to all the world that not only Ireland and Scotland but England it self is now a meer Conquered Nation that thereupon they may do with us what thâ—y please and we must not only expect but receive Lawes from them as Conquerors having already published whole Volumes of New-Laws and Ordinances of all sorts at their New-erected Councel board which the Old never did and made them as binding not only to Ireland but England and Scotland too as an Act of Parliament yea farre more binding than any Parliament Acts by binding the hands power of future Parliaments themselves and our three whole Nations as aforesaid and that in Perpetuity which no Parliaments nor Acts of Parliament can do and by repealing nulling all our former Fundamental Laws Charters Liberties Free Government made by Parliaments with our very Parliaments themselves And if so let the Objectors now seriously consider both the Treasonableness unparliamentalness sad Consequences of this Objection and what ill effects it may produce in present or future ages 5ly The Statutes of 25 E. 1. c. 2. 42 E. 3. c 2. yet in force declare All judgements given or to be given by the Justices or any other contrary to the points of the Great Charter to be void and holden for Nought and if any Statute be made to the contrary it shall be holden for none Therefore these Instrument Articles and Paper Ordinances made by colour of them in direct opposition to and subversion of the points of the Great Charter and all other Acts for their confirmation must needs be holden for nought and void to all intents to bind this whole Free-born Nation or any one Freeman of England in particular 6. If these Articles and Instrument for the premised reasons and defect of Legal power in the yet unknown Instrument-makers be not void in Law to all intents and purposes as all wise men repute them yet other clauses and Articles of this very Instrument admit it valid and obligatory to our Nations give a fatal blow to all the forementioned Excises Impositions Contributions by colour thereof and to the Objected Articles First the Prologue to the Oath at the close thereof proclaims the Government setled by it to be such as by the blessing of God might be lasting secure Property and answer The Great Ends of Religion and Libertie so long Contended for But these Articles as the Objection and premises evidence do no wayes secure but utterly subvert all Property in the highest degree and answer not but eternally frustrate abolish the Great ends of our Religion condemning all illegal unrighteous Taxes and Tyrannical Usurping Oppressing arbitrary Powers but especially of our Liberties so long contended for and are rather likely to raise new troubles and unsettlements than make the Government lasting as many late Presidents with those ancient ones in Dr. Beard his Theatre of Gods Judgements l. 2. c. 36. to 42. may perswade us Therefore it must be exploded as repugnant to the whole scope of the Instrument 2. The 6. Article of it is fatall and destructive to the objected Articles viz That the Laws shall not be altered suspended abrogated or repealed nor any New Law made Nor any Tax Charge or Imposition laid upon the People but by common consent in Parliament Save Only as is expressed in the 30th Article not 27. Now these objected 27 28 29 Articles being diametrically contrary to every word clause of this 6 Article and agreeable to our Fundamental Laws which the last clause of the Oath obligeth their Protector and his Successors to maintain and to govern the People by which Laws must be all altered suspended abrogated repealed by these Articles alone if reputed valid in giving Power to them to impose any Tax Charge Imposition upon the People without common consent in Parliament and being not within the saving of this or the 30th Article must needs be void and repealed by this very sixt Article and the Oath it self 3. The 30th Article following them diametrically contradicts repeals them in
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
reproach too vile but that we shall willingly goe through the one and undergoe the other That we and the WHOLE KINGDOME MAY ENJOY THAT HAPPINESSE which we cannot in an ordinary way of providence expect FROM ANY OTHER FOUNTAIN OR STREAM than those from whence were the poison of evil Councels once removed from about them no doubt but we and THE WHOLE KINGDOME SHOULD BE SATISFIED MOST ABUNDANTLY And on the contrary have they not fully and actually verified in respect of themselves and their Confederates in the Houses this Odious aspersion then only in prediction cast by the KING on the PARLIAMENT but by them at that time renounced with greatest detestation and drawn those sad consequences on the whole Kingdom wherewith both HOUSES conclude that Declaration in these words 7. That the Representative Body of the whole Kingdom since dissolved by the Army is a Faction of Malignant Schismatical ambitious Persons whose DESION IS AND ALWAYES HATH BEEN TO ALTER THE WHOLE FRAME OF GOVERNMENT BOTH OF CHURCH AND STATE AND TO SUBJECT BOTH KING AND PEOPLE TO THEIR OWN LAWLESSE ARBITRARY POWER AND GOVERNMENT and that they DESIGN THE RUINE OF HIS MAJESTIES PERSON and OF MONARCHY IT SELF and consequently that they are TRAITORS and all the Kingdome with them for their act is the act of the whole Kingdome And whether their punishment and ruine may not also INVOLVE THE WHOLE KINGDOM IN CONCLUSION AND REDUCE IT INTO THE CONDITION OF A CONQUERED NATION as some ARMY OFFICERS SOULDIERS openly averre we are now reduced to by and under them NO MAN CAN TELL BUT EXPERIENCE SHEWETH US and now we find it most true in the ARMY-OFFICERS COVNCELL SOVLDIERS THAT SVCCESSE OFTEN DRAWS MEN NOT ONELY BEYOND THEIR PROFESSION but also many times beyond their first intentions Surely as the Armies and their Confederates late proceedings in relation to themselves though not unto the forced dismembred dissolved Parliament and secured Members have fully verified this charge in every particular then reputed most false and scandalous which I thus press upon their consciences at this time and so largely insist on not to defame or asperse them to the world as many others do who apply that black Character of Ier. 9. 2. to 6. c. 12. 6. Rev. 3. 10. to 19. They are all an ASSEMBLY OF TREACHEROVS MEN Thine habitation is in the MIDST OF DECEIT c. Destruction and Misery are in their wayes and the way of Peace they have not known there is no fear of God before their eyes unto them in a more eminent manner as being really verified by their unparalleld exorbitances formentioned but to vindicate the Innocency Integrity of the Majority and secluded Members of both Houses against the scandalous printed aspersions of Militiere and other Papists to preserve and justifie the Honour of our Reformed Religion and of the most zealous Professors thereof to restore re-establish if possible the Priviledges the Freedom of all Future Parliaments much impaired endangered by their heady violent Proceedings and most pernicious Presidents to Posterity if not publikely abominated exploded by them or exemplarily punished to deterr all others from their future imitation to convince them by what Jesuitical Popish old Court-Principles Counsels Practises they have hitherto been misguided and to reclaim them as much as in me lieth for the future from the like destructive Practises for the publick Safety Peace Settlement of our distracted Kingdoms and do most earnestly beseech them as they are English-men Souldiers Christians seriously to repent of and lay to heart lest they perish eternally for them at last as likewise to take heed lest by teaching and instigating the Common Souldiers of the Army to suppresse oppresse betray the Parliament Kingdom People who raised payed and entrusted them only for their safeguard and defence they do not thereby instruct and encourage them at last to betray and destroy themselves it being a true observation of Seneca the Philosopher Aliquando Tyrannorum praefidia in ipsos consurrexerunt PERFIDIAMQVE ET IMPIETATEM ET FERITAREM ET QVICQVID AB ILLIS DIDICERANT IN IPSOS EXECRERVNT Quid enim potest ab eo quisquam sperare QVEM MALVM ESSE DOCVIT Non diu paret nequitia nec quantum jubetur peccat as we have seen by many late presidents So the Army-Officers Souldiers Great Successes in all their Wars Designs and forcible ill Proceedings against the King Parliament Kingdom Government Laws and Liberties as it hath caused them not only beyond their Professions but also beyond their first Intentions Commissions Protestations to forget that Gospel-precept given to Souldiers Luke 3. 14. to advance themselves to a more absolute Soveraign arbitrary Power over them than ever any Kings of England claimed or pretended to as their late Proceedings Remonstrances and transcendent Instrument of the Government of the three Kingdoms manifest so it hath been the principal Ground whereby they have justified all their unpresidented forementioned Exorbitances as lawfull commendable Christian and that which hath struck such a stupifying pannick fear such a stupendious cowardize baseness sottâ—shness into the Generality of the Nobility Gentry Ministery and Commons of our late most heroick English Naton that there is scarce a man to be found throughout the Realm of any Eminency though we should seek after him like Diogenes with a Candle that dares freely open his mouth against their most irregular illegal violent destructive arbitrary Proceedings Usurpations Innovations Oppressions Taxes Projects to the shaking and utter subverting of our ancient Fundamental Laws Liberties Rights Properties Parliaments Parliamentary priviledges Government and taking away of the very Lives of some and thereby endangering the Lives of all other English Freemen of all Degrees in mischristened High Courts of Justice Such a strange Charm is there in Success alone to metamorphise Men into meer temporising slavish sordid sotts and beasts yea to cause not only persons truly honourable but the very Devil himself and the worst of beasts to be wondred after applauded adored not only as Saints but Gods We read Rev. 13. of a Monstrous deformed BEAST to whom the Dragon the Devil gave his Power Seat and Great Authority whereupon all the world wondred after the Beast and worshipped not onely the Dragon that gave him power but the Beast likewise saying Who is like unto the Beast WHO IS ABLE TO MAKE WAR WITH HIM And there was given unto him a Mouth speaking Great things and blasphemies and power was given him to continue and make war forty and two months And power was given unto him to make war with the SAINTS AND TO OVERCOME THEM and power was given him over all Kindreds and Tongues and Nations And HEREVPON IT FOLLOWS all that dwell upon the earth shall worship him whose names are not written in the Lambs Book of Life And another Beast under him caused the earth and all that dwell therein to set up the Image of this Beast and to worship it and he
to settle Religion in the purity thereof TO MAINTAIN THE ANCIENT and FUNDAMENTALL GOVERNMENT OF THIS KINGDOME TO PRESERVE THE RIGHTS and LIBERTIES OF THE SUBJECT to lay hold on the first opportunity of procuring a safe and well grounded peace in the three Kingdoms and to keep a good understanding between the two Kingdomes of England and Scotland according to the grounds expressed in the Solemn League and Covenant And lest these generals should not give a sufficient satisfaction we have thought fit to the end men might no longer be abused in a misbelief of our intentions or a misunderstanding of our actions to make a further enlargement upon the particulars And first Concerning Church-Government c. because we cannot consent to the granting of an Arbitrary and unlicensed Power and Jurisdiction to neer ten thousand Judicatories to be erected within this Kingdome and this demanded in such a way as is not consistent with the FVNDAMENTAL LAWS and GOVERNMENT OF THE SAME c. Our full resolutions still are sincerely really and constantly to endeavour the Reformation of Religion in the Kingdome of England and Ireland in Doctrine Worship and Government according to the word of God and the example of the best Reformed Churches and according to the Covenant WE ARE SO FARRE FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOME BY KING LORDS and COMMONS that we have onely desired that with the consent of the King such Power may be settled in the TWO HOVSES without which we can have no assurance but that the like or greater mischiefs than those which God hath hither to dilivered us from may break out again and engage us in a second and more destructive war whereby it plainly appears Our intentions are not to change the Antient Frame of Government within this Kingdome but to obtain the end of the Primitive Institution of all Government The safety and weal of the People not judging it wise or safe after so bitter experience of the bloody consequence of a pretended Power of the Militia in the King to leave any colourable authority in the same for the future attempts of introducing AN ARBITRARY GOVERNMENT OVER THIS NATION We do declare That we will not nor any by colour of any Authority derived from us shall interrupt the ordinary course of Justice in the severall Courts of Judicatories of this Kingdome nor intermeddle in the cases of private interest other where determinable unlesse it be in case of male-Administration of Justice wherein we shall see and provide that Right be done and punishment inflicted as there shall be occasion ACCORDING TO THE LAWS OF THE KINGDOME Lastly Whereas both Nations have entred into a Solemn League and Covenant we have and EVER SHALL BE VERY CAREFULL DULY TO OBSERVE THE SAME that as nothing hath been done SO NOTHING SHALL BE DONE BY US REPUGNANT TO THE TRUE MEANING AND INTENTION THEREOF c. WHO WILL NOT DEPART FROM THOSE GROUNDS AND PRINCIPLES upon which it was framed and founded Though the generality of the afterwards secured and secluded Majority of the House of Commons endeavoured constantly to make good this Declaration in all particulars yet how desperatly the garbled Minority thereof continuing in power after their Seclusion prevaricated apostatized and falsified their Faith herein in every particle in the highest degree we cannot but with greatest grief of heart and detestation remember to the subversion ruine of our King Lords Commons Kingdome Parliaments Fundamentall Laws Government and the peoples Liberties c. almost beyond all hopes of restitution or reparation in humane probability without a miracle from heaven The Lord give them grace most seriously to consider repent of and really sincerely reform it now at last and to make it the principle subject of their prescribed publike Humiliations Fasts and Lamentations as God himself prescribes Isa 58. 5 6 7 8. Jer. 34. 8. to 22. Ezech. 19. 1. 14. Hos 10. 3 4. and not still to adde drunkennesse to thirst lest they bring them to temporall and eternal condemnation for it in Gods own due time and engender endlesse Wars Troubles Taxes Changes Confusions in our Kingdomes as they have hitherto done and will do till all be restored to their just Rights Powers Places Possessions and Liberties By this full Jury of Parliamentary Authorities to omit many others of like or inferiour nature and lesse moment it is undeniable That the people of England have both ancient Fundamentall Rights Liberties Franchises Laws and a Fundamental Government which like the Laws of the Medes and Persians neither may nor ought to be altered or innovated upon any pretence but perpetually maintained defended with greatest care vigilancy resolution and he who shall deny or oppugn it deserâ—â—s no refulation by further arguments since it is a received Maxime in all Arts Contra Principia negantem non est disputandum but rather demerits a sentence of Condemnation and publike execution at Tyburn as a Common Enemy Traitor to our Laws Liberties Nation it being no lesse than a transcendent crime and High Treason by our Laws for any person or persons secretly or openly to attempt the undermining or subversion of our fundamental laws rights Liberties Government especially by fraud treachery force or armed power and violence the later part of my first proposal which I shall now confirm by these twelve following Presidents and Evidences corroborating likewise the former part That we have such Fundamental laws liberties rights franchises and a fundamental Government too In the fifth year of King Richard the second the vulgar rabble of people and villains in Kent Essex Sussex Norfolk Cambridge-shire and other Counties under the Conduct of Wat Tyler Jack Straw and other Rebels assembling together in great multitudes occasioned at first by the new invented Tax of Poll-money granted by Parliament and the over-rigorous levying thereof on the people by the Kings Officers though nothing so grievous as our Excises Contributions new Imposts now so long exacted without any legal Grant in true free and full English Parliaments resolved by force and violence to abrogate the law of Villenage with all other laws they disliked formerly setled to burn all the Records kill and behead all the Judges Justices and men of law of all sorts which they could get into their hands to burn and destroy the Inns of Court as they did then the new Temple where the Apprentices of the law lodged burning their Monuments and Records of Law there found to alter the tenures of lands to devise new laws of their own by which the Subjects should be governed to change the ancient Hereditary Monarchicall Government of the Realm and to erect petty elective Tyrannies and Kingdomes to themselves in every shire A project eagerly prosecuted by some Anarchicall Anabaptists Jesuits Levellers very lately and though withall they intended to destroy the King at last and all the Nobles too when they had gotten sufficient power yet at first to
one of the Judges of the Common Pleas exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinal Wolsey That he had by divers and many sundry wayes and fashions committed High Treason and NOTABLE GRIEVOUS OFFENCES by misusing altering and subverting of his Graces Laws and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royal to the inestimable great hinderance diminution and decay of the universal wealth of this his Graces Realm The Articles are 43. in number the 20 21 26 30 35 37 42 43. contain his illegal arbitrary practises and proceedings to the subversion of the due course and order of his Graces Laws to the undoing of a great number of his loving people Whereupon they pray Please therefore your mostexcellent Majesty of your excellent goodnesse towards the Weal of this your Realm and subjects of the same to set such order and direction upon the said Lord Cardinal as may be to terrible example of other to beware to offend your Grace and your Laws hereafter and that he be so provided for that he never have any Power Jurisdiction or authority hereafter to trouble vex or impoverish the common-wealth of this your Realm as he hath done heretofore to the great hurt and dammage of every man almost high and low His poysoning himself prevented his legal judgement for these his Practises 7. The Statute of 3. and 4. Ed. c. 5 6. enacts That if any persons to the number of twelve or more being assembled together shall intend go about practise or put in use with force and arms unlawfully of their own authority TO CHANGE ANY LAWS made for Religion by authority of Parliament OR ANY OTHER LAWS OR STATUTES OF THIS REALM STANDING IN FORCE OR ANY OF THEM and shall continue together by the space of an houre being commanded by a Justice of Peace Mayor Sheriffe or other Officer to return or shall by ringing of any Bell sounding of any Trumpet Drumme Horn c. raise such a number of persons to the intent to put any the things aforesaid in ure IT SHALL BE HIGH TREASON and the parties executed as Traytors After this the Statute of 1 Mariaec 12. Enacted That if twelve or more in manner aforesaid shall endeavour by force to alter any of the Laws or Statutes of the Kingdome the offenders shall from the time therein limited be adâ—udged ONELY AS FELONS whereas it was Treason before but this Act continuing but till the next Parliament and then expiring the offence remains Treason as formerly 8. In the 39. year of Queen Elizabeth divers in the County of Oxford consulted together to go from house to house in that County and from thence to London and other parts to excite them to take arms for the throwing down of inclosures throughout the Realm nothing more was prosecuted nor assemblies made yet in Easter Term 39. Elizabeth it was resolved by all the Judges of England who met about the Case that this was High Treason and a levying war against the Queen because it was to throw down all inclosures throughout the Kingdom to which they could pretend no right and that the end of it was TO OVER THROW THE LAWS AND STATUTES for inclosures Whereupon BRADSHAW and BURTON two of the principal Offenders were condemned and executed at Ainstow Hill in Oxfordshire where they intended their first meeting 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 1640. The whole House of Commons impeached Thomas Earl of Strafford Lord Deputy of Ireland of High Treason amongst other Articles for this crime especially wherein all the other centred That he hath TREASONABLY ENDEAVOURED by his Words Actions and Counsels TO SUBVERT THE FUNDAMENTALL LAWS and GOVERNMENT OF ENGLAND and IRELAND and introduce an arbitrary and Tyrannical Government This the whole Parliament declared and adjudged to be High Treason in and by their Votes and a special Act of Parliament for his Attainder for which he was condemned and soon after executed on Tower-Hill as a Traytor to the King and Kingdome May 22. 1641. 10. The whole House of Commons the same Parliament impeached William Laud Arch-bishop of Canterbury of HIGH TREASON in these very terms February 6 1640. First That he hath traiterously endeavoured to subvert the Fundamental Laws and Government of this Kingdome of England and instead thereof to introduce an arbitrary and tyrannical Government against Law And he to that end hath wickedly and TRAYTEROVSLY advised his Majesty that he might at his own will and pleasure levy and take mony of his Subjects without THEIR CONSENT IN PARLIAMENT and this he affirmed was warrantable by the law of God Secondly He hath for the better accomplishment of that his Traiterous Designe advised and procured Sermons and other Discourses to be preached printed and published in which the Authority of Parliaments and the force of the Laws of this Kingdome have been denyed and absolute and unlimitted Power over the Persons and Estates of his Majesties Subjects maintained and defended not onely in the King but in himself and other Bishops against the Law Thirdly He hath by Letters Messages Threats and Promises and by divers other wayes to Judges and other Ministers of Justice interrupted perverted and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of Justice in his Majesties Courts at Westminster and other Courts TO THE SUBVERSION OF THE LAWS OF THIS KINGDOME whereby sundry of his Majesties Subjects have been stopt in their just suits deprived of their lawfull Rights and subjected to his Tyrannicall will to their ruine and destruction Fourthly That he hath traiterously endeavoured to corrupt the other Courts of Justice by advising and procuring his Majesty to sell places of Judicature and other Offices CONTRARY TO THE LAWS and CUSTOMES in that behalf Fifthly That he hath TRAITEROUSLY caused a a Book of Canons to be compiled and published without any lawfull warrant and Authority in that behalf in which pretended Canons many matters are contained contrary to the Kings Prerogative to the Fundamentall Laws and Statutes of this Realm to the Rights of Parliament to the Property and Liberty of the Subject and matters tending Sedition and of dangerous consequence and to the establishing of a vast unlawfull presumptuous power in himself and his successors c. Seventhly That he hath traiterously endeavoured to alter and subvert Gods true Religion BY LAW ESTABLISHED and instead thereof to set up Popish Religion and Idolatry And to that end hath declared and maintained in Speeches and printed Books diverse Popish Doctrines and Opinions contrary to the Articles of Religion ESTABLISHED BY LAW He hath urged and enjoyned divers Popish and Superstitious Ceremonies WITHOUT ANY WARRANT OF LAW and hath cruelly persecuted those who have opposed the same by corporal punishment and imprisonments and most unjustly vexed others who refused to conform thereunto by
the Realm as the Arteries Nerves Veines are in and to the natural Body the Bark to the Tree the Foundation to the House and therefore the cutting of them a sunder or their Subversion must of necessity kill destroy disjoyn and ruine the whole Realm at once Wherefore it must be Treason in the highest degree But I shall onely subjoyn here some materiall Passages in Master St. Johns Argument at Law concerning the Attainder of High Treason of Thomas Earle of Strafford before a Committee of both Houses of Parliament in Westminster Hall Aprill 29. 1641. soon after Printed and published by Order of the Commons House Wherein p. 8. he lays down this Position recited again p. 64. That Straffords endeavouring To subvert the Fundamentall Lawes and Government of England and Ireland and instead therefore to introduce a Tyrannicall Government against Law is Treason by the Common Law That Treasons at the Common Law are not taken away by the statutes of 25. E. 3. 1 H. 4. c. 10. 1 Mar. c. 1. nor any of them The Authorities Judgements in and out of Parliament which he cites to prove it have been already mentioned some others he omitted I shall therefore but transcribe his Reasons to evince it to be Treason superadded to those alledged by him against the Ship mony Judges Page 12. It is a War against the King Let our Military Officers and Souldiers consider it when intended For alteration of the Laws or Government in any part of them This is a levying War against the King and so Treason within the Statute of 25. E. 3. 1. Because the King doth maintain and protect the Laws in every part of them 2. Because they are the Kings Laws He is the Fountain from whence in their severall Channels they are derived to the Subject Whence all our indictments run thus Trespasses laid to be done Contra pacem Domini Regis c. against the Kings peace for exorbitant offences though not intended against the Kings Person against the King his Crown and Dignity Page 64. In this I shall not labour at all to prove That the endeavouring by words Counsels and actions To subvert the Fundamental Laws and Government of the Kingdome is Treason at the Common Law If there be any Common Law Treasons at all left NOTHING TREASON IF THIS IS NOT TO MAKE A KINGDOME NO KINGDOME Take the Policy and Government away Englands but a piece of earth wherein so many men have their commerce and abode without rank or distinction of men without property in any thing further than in possession no Law to punish the murdering or robbing one another Page 70 71 72. The horridnesse of the offence in endeavouring to overthrow the Laws and present Government hath been fully opened before The Parliament is the representation of the whole Kingdome wherein the King as Head your Lordships as the more Noble and the Commons the other Members are knit together in one body Politique This dissolves the Arteries and Ligaments that hold the body together THE LAWS He that takes away the Laws takes not away the Allegiance of one Subject only but of the whole Kingdome It was made Treason by the Statute of 13 Eliz. for her time to affirm That the Law of the Realm do not binde the descent of the Crown No Law no descent at all NO LAWS NO PEERAGE no ranks nor degrees of men the same condition to all It s Treason to kill a Judge upon the Bench this kills not Judicem sed Judicium There be twelve men but no Law never a Judge amongst them It s Felony to embezell any one of the Judiciall Records of the Kingdome THIS AT ONCE SWEEPS THEM ALL AWAY and FROM ALL. It s Teason to counterfeit a Twenty shilling peice Here 's a counterfeiting of the Law we can call neither the counterfeit nor the true Coyn our own It s Treason to counterfeit the great Seal for an Acre of Land No property is left hereby to any Land at all NOTHING TREASON NOW AGAINST KING OR KINGDOME NO LAW TO PVNISH IT My Lords If the question were asked in Westminster Hall whether this were a Crime punishable in the Star Chamber or in THE KINGS BENCH by Fine or Imprisonment They would say It were higher If whether Felony They would say That is an Offence onely against the Life or Goods of some one or few persons It would I believe be answered by the JVDGES as it was by the Chief Justice Thirning in the 21 R. 2. That though he could not judge the Case TREASON there before him yet if he were a Peer in Parliament HE WOULD SO ADJUDGE IT And so the Peers did here in Straffords and not long after in Canterburies case who both lost their Heads on Tower-Hill I have transcribed these Passâ—ges of Mr. Oliver S. John at large for five Reasons 1. Because they were the Voice and Sence of the whole House of Commons by his mouth who afterwards owned and ratified them by their special Order for their publication in Print for information and satisfaction of the whole Nation and terrour of all others who should after that either secretly or openly by fraud or force directly or indirectly attempt the subversion of all or any of our Fundamental Laws or Liberties or the alteration of our Fundamental Government or setting up any Arbitrary or Tyrannical Power Taxes Impositions or new kinds of arbitrary Judicatories and imprisonments against these our Laws and Liberties 2. To minde and inform all such who have not onely equalled but transcended Strafford and Canterbury in these their HIGH TREASONS even since these PUBLICATIONS SPEECHES and their EXEMPLARY EXECUTIONS of the hainousnesse in excusablenesse wilfulnesse maliciousnesse Capitalnesse of their Crimes which not onely the whole Parliament in generality but many of themselves in particular so severely prosecuted condemned and inexorably punished of late years in them that so they may sadly consider bewail repent reform them with all speed and diligence as much as in them lies And with all I shall exhort them seriously to consider that Gospel terrifying passage if they have not quite sinned away all Conscience Shame Christianity Religion and Fear of the last Judge and Judgement to come Rom. 2. 1 2 3. Therefore thou art inexcusable O man whosoever thou art that judgest for wherein thou judgest another thou CONDEMNEST THY SELF FOR THOV THAT JUDGEST DOEST THOV THE SAME THING But we are sure that the Judgment of God is according to truth against them who commit such things And thinkest thou this O man that judgest them which do such things and doest the same that thou shalt escape the Judgment of God 3. To excite all Lawyers especially such who of late times have taken upon them the stile power of Judges to examine their Consciences Actions how far all or any of them have been guilty in the highest degree of these Crimes and Treasons so highly aggravated so exemplarily punished of former and
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
814 8â—6 826 827 832 902 904 to 920. A Collâ—ction of Ordinances p. 267 313 354 424. l See Putâ—â—y Projects the History of Independâ—ncy and Armies Declarations Papers Proposals printed together London 1647. * De Monarchia Hisp c. 25 27. An Excellent coveâ—y of 〈◊〉 stable asonakle 〈◊〉 and 〈◊〉 * No◠〈◊〉 date * Hospinian Hist Jesuit l. 4. m Quando eorum malitia hoc exigit Reipub. vel Ecclesiae NECESSITAS sic requirit Speculum Jesuiticum p. 168 169 170. Mercure Jesuite Part. 1. p. 884 885. Alfonsi de Vargas Relatio c. â— 55. n See theiâ— Remonstrance from Sl. Albans 16 Nov. 1648 and Decem. 7. with other Papers * Attributed to â—ne Jesuite Tresham * See Watsons Qâ—â—libets P. 295. c. * Alphonsi de Vargas Relatio c. c. 55. Speâ—ulum Jesuiticum p. 162 163. * Hospinian Hist Jesuitica l. 3. o Hist Gallica â—elgica l. â— p. 126. Speculum Jesuiticum p. 46. Hospinian Hist Jesuitica l. 3. â— 159. p See Speculum Jesuiticum and the General History of France in H. 3. Hospinian Hist Jesuitica l. 3. f. 151 152. q Speculum Jesuiticum p. 75. r See the General History of France in the life of Henry 4. and Lewis 13. Speculum Jesuiticum p. 77 80 126 235. Hospinian Hist Jesuitica l. 3. p. 153 to 158. * Speculum Jesuiticum p. 80 81. Hospinian Hist Jesuitica l. 3. f. 156 157. * Hospinian Hist Jâ—su l. 3 â— 157 158. * See the General History of France in Hen. 4. and Lewis 13. Dr. John Whites Defence of the â—â—â—y c. 10. p. 46. Å¿ See Grimstons History of the Netherlonds p. 764. Thuanus l. 79. p. 186. Speculum Jesuiticum p. 60 61. * De Monarch Hisp â— 27. p. 258. * Chron. Belgiae Tom. 1. p. 719. Tom. 2. p. 97. Meteranus l. 17. p. 575. Hospinian Hist Jesuitica l. 3. f. 205. t Speculum Jesuiticum p. 127. v See Speed and Cambden in her life Bishop Carletons Thankful Remembrance of Gods Mercy London 1624. x Hospinian Hist Jesuitica Speeds History p. 1181. Cambden Stow Holinshed in the Life of Queen Elizabeth Speculum Jesuiticum p. 73. * See Watsons Quodlibets y See Speeds Hist p. 1240 1242 1243. John Sâ—ow and How 1 Jac. z Cook 3 Inâ—â—itutes p. 7. and Calvins Case 7â— Report f. 10 11. 1 Jac. c. 1. * See Fox Holinshed Speed 1 Mariae a See 3 Jac. c. 1 2 4 6. Speeds History p. 1250 to 1256. The Arraignment of Traytors with others Prayers for the 5 of November Hospinian Hist Jesuitica l. 3. f. 163 to 170. b Speeds Hist p. 1242. The Arraignment of Traytors and M. John Vicars History of the Gunpowder Treason * See Militiere his victory of Truth 1654. dedicated to the King of Great Brittain c See my Epistles to Jus Patronatus and Speech in Parliament Nota. * In his Victory of Truth 1654. p. 15 18 24 25 26 27. * Vpon which ground many of them have since solemnized the 30 of January instead of November 5. * See Militiere his Victory of Truth p. 4 to 50 * Jer. 5. 31. d Romes Master-piece p. 8 18 19. * Romes Master-piece p. 8 to 22. c The Victory of Truth Anno 1653. * Hospinion Hist Jesuitica l. 3. f. 214. l. 4. f. 264. * Printed by it self and at the end of my Speech in Parliament * See An Apologetical Declaration of the Province of London c. Jan. 24. 1649. f Page 5 7. 8 18 33 39. c. g See my Speech in Parliament and Memento The Epistle to my Jus Patronatus Tho. Campanella De Monarchia Hisp 6. 25. * See the Declaration of the secluded Members The London Ministers and others Representation to the General and the second part of the History of Independency * To their General Officers even in unlawful acts against the Parliament King Kingdom * Hospinian Hist Jesuitica l. 3. Romes Master-piece h Jubilaeum five Speculum Jesuiticum Epigramma i Hasen mullerus Hest Jesuit c. 1. Speculum Jesuiticum p. 61. k Exact Collection p. 12. 10 20 97 98 106 108 207 461 to 465. 491 492 498 508 574 616 631 to 670. 812 to 828 832 834 849 890 to 918 651 652 653. a Relatio de Sâ—ratogematis Sophismatis Jâ—suitarum c. 4 6 7. a Rom. 10. 15 b Rom. 15. 33 Heb. 13 29. c Isai 9. 6. d Mat. 26. 52. e Isai 2. 4. Mica 4. 3. f Cap. 7. p. 47 and c. 23. p. 132. g See Hospinian Historia Jesuitica l 4. f. 212 213 214. and l. 3. throughout Thuanus Hist l. 4. h Genevae 1620. * Yet these plead for a Toleration among us and enjoy it Nota. i Richardi Dinothi Historia de pello Civili Gallico l 6. p. 151. c. The General History of France p. 778. 779 Hospinian Historia Jesuitica f. 149. 150 Thuanus Historia l. 63. k Dinothus Peter Mathew Thuanus General History of France Meteranus and others l Speculum Jesuiticum p. 92. m Meteranus Historia l. 23. Speculum Jesuit p. 100. n See Hâ—spinian Historia Jesuitica l. 3. f. 160. 161. 162 o Hidden Workes of darkness brought to publique light Romes Master-peece Conterburies Doome p Exact Collect. p. 651 652. 662. 668. 813. to 832. 902. to 920. q The Royal Popish favourite p. 58 59. Hidden workes of darkness brought to light p. 198. r The Royall Popish favourite p. 58. 59. Hidden workes of darkness p. 198. Nota * Exact Collect. p. 12 13. s Hidden workes of darkness brought to publique light p. 189. to 199. and Romes Master-Peece t See the Kings declaration concerning that Treaty Hidden workes of darkness * Speculum sive Jubilaeum Jesuiticum u Hidden workes of darkness p. 225. 226. Canterburies Doom p. 459. Nota. * See Bellarmin de Noâ—is Eccl. Nota. 15. x Speculum five Jubilaeum Jesuiticum p. 220. to 224. y See Hidden works of darkness brought to publike light p. 219. to 250. The Rise and Progress of the Irish R. bellion and others z Hidden works of darkness p. 243. * Hidden workâ— of darknes p. 226. * Exact Coll. p. 662 666 813 to 832. A Collection of Ordinances p. 267 318 354 424 and the History of Independency * See Tho. Campanella de Monarchiâ— Hisp c. 25 27. * See the 27 Article of the Instrument of Government * Exact Coll. p. 3 4. 461 462 491 497 498 917 631. * Is not ours so â—ow * See the New Government of the Common-wealth of England Artic. 25 26 32. 33 34. 41. * Alphonsi de Vaâ—gas Relatio cap. 5. * Speculum Jesuiticum p. 217 218 219. * See Joh. 10. 1. Ezech. 18. 5. to 14. Levit. 6. 1. 4. Job 20. 19 20 c. 24. 2. to 15 Obad. 5. Jer. 49. 9 10. * Alphonsi de Vargas relatiâ— c. c. 5. 7. see c. 2 3 16 18 19 56 57. Hospinian Historia Jesuitical 206 207. * Hidden works of darknesse brought to
substance whereof I have here set before their eyes in ten brief Propositions and by Records Statutes Presidents Histories Contests Resolutions in all ages undauntedly as their Common Advocate asserted fortified to my power for their Encouragement and president in this publick work And if they will now but couragiously second me herein with their joynâ— bold rightfull Claims Votes Declarations and Resolutâ— Demands of all and every of their enjoyments and future inviolable Establishments with strenuous Oppositions of all illegal perpetual Imposts Excises Contributions Payments the chief nerves and cords to keep them still in bondage by Mercinary Forces supported only by them to keep them still in slavery according to their Oaths Vows Protestations Duties manifold late Declarations Remonstrances Solemn League Covenant and the encouraging memorable Presidents of their Ancestors in former ages here recorded I dare assure them by Gods blessing a desired good-Success whereof their Ancestors never failed no mortal Powers nor Armies whatsoever having either Impudency or Ability enough to deny detain them from them if they will but generally unanimously couragiously importunately claim and demand them as their Birth-rights But if they will still basely disown betray and cowardly desert both them and their Assertors and leave them to a single combate with their combined Jesuitical enemies whom none take care to discover suppress or banish out of our Realms where they now swarm more than ever and Armed Invaders the Fate of our old English Britons when they improvidently neglected to unite their Counsels Forces against and fought only singly with the invading united Armies of the Romans is like to be Englands condition now Dum pugnant singuli vincunntur universi the single Champions of our Liberties Laws Rights will be easily over-powered destroyed for the present and all others by their unworthy Treachery and Baseness in not adhering to but abandoning their present Patrons discouraged disabled to propugne regain them for the future and the whole Kingdom vanquished yea enslaved for eternity in all humane probability to those who have broken your former yokes of wood but instead thereof have made for and put upon you yokes of Iron and by the Jesuites Machiavilian Plots and Policies will reduce you by degrees under a meer Papal yoke at last having deeply leavened many in power and arms with their forementioned most desperate Jesuitical Positions Practises and Politicks which will soon usher in the whole body of Popery and all damnable Heresies whatsoever by degrees to the ruine of our Religion as well as Laws and Liberties Wherefore seeing it neither is nor can be reputed Treason Felony Sedition Faction nor any Crime at all but a commendable bounden Duty to which our Protestations Oaths Leagues Covenants Reason Law Conscience our own private and the publick Interest Safety of the Nation engage us for all and every Freeborn Englishman joyntly and severally to claim maintain preserve by all just honourable publick and private wayes they may their unquestionable Hereditary Birth-rights Laws Liberties Parliamentary Priviledges c. here asserted and presented to them after so much Blood Treasure Labour spent to rescue them out of the hands of old and late oppressing Tyrants nor any Offence at all but a praise-worthy service now in me or any other publickly to encourage them to this duty and the strenuous defence of our endangered undermined Protestant Religion subverted with our Laws Liberties and living or dying together with them at this present season as I have done heretofore upon all occasions And seeing none can justly censure them or me for discharging our Oathes Consciences Covenants Protestations Duties in this kinde but such as shall thereby declare themselves Publick Enemies and Trayters to the whole Nation Laws Government Parliaments of England as the Resolutions Presidents herein cited yea their own best friends and our Reformed Religion too have already adjudged them And seeing Sir Thomas Fairfax and the General Councel of his Army held at Putney Sept. 9. 1647. in their Declararation concerning THE FVNDAMENTAL AVTHORITY GOVERNMENT OF THE KINGDON printed by their appointment in these words Whereas a Member of the General Councel of this ARMY hath publikely declared and expressed himself THAT THERE IS NO VISIBLE AUTHORITY IN THE KINGDOM BVT THE POWER FORCE OF THE SWORD as others of them say since and now both by words and deeds without controll We therefore the said GENERAL COUNCEL to testifie How FARRE OUR HEARTS MINDS ARE FROM ANY DESIGN OF SETTING UP THE POWER OF THE SWORD ABOVE OR AGAINST THE FUNDAMENTAL AUTHORITY GOVERNMENT OF THE KINGDOM OUR READINESSE TO MAINTAIN AND UPHOLD THE SAID AUTHORITY have by a Free Voâ—e in the said Councel no man contradicting judged the said Member TO BE EXPELLED THE SAID COUNCEL Which we hereby thought fit to publish as A CLEAR MANIFESTATION OF OUR DISLIKE DISAVOWING SVCH PRINCIPLES OR PRACTISES which notwithstanding they have since avowed pursued in the highest degree and I desire them now to repent of reform and really make good have engaged to maintain and propugne with their Swords what I here endeavour to defend support with my Pen. And seeing they intituled their Printed Papers A Declaration of the Engagements Remonstrances Reprèsentations Proposals Desires and Resolutions from his Excellency Sir Tho Fairfax and THE GENERAL COVNCEL OF THE ARMY for setling OF HIS MAJESTY IN HIS JVST RIGHTS The PARLIAMENT in their JVST PRIVILEGES and the SVBJECTS in their LIBERTIES FREEDOMS Also Representations of THE GRIEVANCES OF THE KINGDOM REMEDIES PROPOVNDED for REMOVING THE PRESENT PRESSVRES WHEREBY THE SVBJECTS ARE BVRDENED and EXCISES TAXES amongst the rest And the Resolutions of the Army For the establishment of a firm lasting peace IN CHVRCH KINGDOM printed by their own and the Lords House special Orâ—er London 1647 the self-same things I here contend plead for which I wish they would now really make good by their future consultations and actions to avoid the just censures of meer Hypocrites and Impostors as the whole World will else repute them I shall therefore exhort not only the whole Army Army-Officers and their General Councel but likewise the whole English Nation and all real Lovers of their own or their Countries Liberties Peace Laws Ease Safety Religion and future establishment in this common Cause in the words of the Philistines one to another in a time of need when they were greatly affraid 1 Sam. 4. 9. Be strong and quit your selves like men O ye Philistines that ye be not servante to the Hebrews as they have been to youâ— quit your selves like men fight c. That so as the Apostle writes in the like case Phil. 1. 27 28. Whether I come and see you or be absent from you I may hear of your affairs that ye stand fast in one spirit with one mind striving together for the faith of the Gospel and the ancient Fundamental Laws Liberties Rights Priviledges Parliaments
Parliaments Titles Priviledges and Powers too of late and dispose of reject suppress them at their pleasure let themselves the whole Nation with all in present power in the fear of God most seriously consider without passion or affection before it be over-late 4. That the Oathes of Supremacy and Allegiance which all Members of Parliament ought by Law to take before they can sit or vote as Members specially made and prescribed by our most wise zealous Protestant Parliaments to prevent the Treasonable plots and designs of Popes Iesuites and Papists against our Protestant Princes Realms Parliaments Religion though confirmed by many Statutes and containing in them only the Declaration of such a Duty as every true and well-affected Subject not only by the bond of Allegiance but also by the COMMANDMENT OF GOD ought to bear to the King his Heirs and Successors and none but persons infected with Popish Superstition formerly oppugned as the Prologue of the Statute of 7 Iacobi c. 6. positively resolves have by late State innovators not only been discontinued suspended but declaimed against and repealed as much as in them lay as VNLAWFUL OATHS the old Lawes against Iesuits and Popish Seminaries discontinued abrogated or coldly executed The New Oath for abjuration of Popery with all Bills against Iesuites and Papists presented to the late King by both Houses the last Parliament and by him consented to in the Isle of Wight wholly laid aside and quite buried in oblivion The Solemn Protestation League and Covenant prescribed by the last Parliaments taken by all the well-affected in all the 3 Kingdoms to prevent the dangerous plots of Papists Iesuites and our common enemies to destroy our Religion Churches Realms Government Parliaments Laws Liberties quite antiquated decâ—ied detested and a New Engagement forcibly imposed under highest penalties and disabilities upon all men diametrically contrary to these Oaths Protestations and Covenants which have been by a new kind of Papal power publickly dispenced with and the people absolved from them to become sworn Homages to other new self-created Lords and Masters And are not all these with the late Proclaimed Universal Toleration and Protection of all Religions to considerate zealous Protestants strong Arguments of the Jesuites Predominancy in our late counsels transactions and changes of publike Government 5. That the Notion of THE PRESENT GOVERNMENT in my weak apprehension derived its original from the Iesuites late-invented PRESENT CHURCH the onely Supream Power and Judge of Controversies which all men must submit unto by a meer absolute blind Obedience and implicit faith without dispute by their determination as they must do by a like Iesuitical blind obedience newly taught and obtruded on us to that present Republican Government and new Optimacity and Popularity lately set up instead of our Monarchy Which two forms of Government and want of a King and Monarchy as they are the punishment of a peoples Sins and the Transgressions of a Land by Gods own resolution not a Mercy Hosea 10. 3. c. 1. 4. Ier. 18. 7. Prov. 28. 2. Ezâ— 19. 14. Lam. 4. 20. c. 5 7 8 12. so they were the inventions of Factious Grecians at first wâ—ch put all their Cities into Combustions fury frenzy and civil wars against each other to their utter overthrow in conclusion witness these verses of Heniochus a Greek Comedian Tum geminae ad illas accesserunt Mulieres TITAS QUAE CUNCTA CONTURBARUNT OPTIMAEst nomen alteri alteri POPULARITAS RUNT Quarum incitatis PRIDEM EXTERNATAE FUâ— So the Iesuits Parsons Campanella Car. Richelieu designed to introduce set them up among so us in Engl. Scotl. and Ireland of purpose to divideâ— destroy us by civil wars and combustions and bring us under their Jesuitical power at last as the marginal Authorities declare to all the world And if this be undeniable to all having any sence of Religion Peace or publick Safety left within their brests is it not more than high time for us to awake out of our former lethargy fordid selfish stupidity to prevent our ruine by these and other forementioned Jesuitical practises Of can any Englishman or real Parl. be justly offended with me for this impartial discovery of them Or for my endeavours to put all the dislocated Members and broken bones of our old inverted fundamental body Politick into their due places joints and postures again without which there is no more possibility of reducing it to its prâ—stine health ease settlement tranquility prosperity or of preserving it from perpetual pain inquietation consumption and approaching death than of a natural body whose principal members continue dis-joynted and bones broken all in pieces as all prudent State-Physicians must acknowledge These five Considerations together with the Premises will I presume sufficiently wipe off all the malicious scandalous Imputations which Militiere and other Papists have injuriously cast upon the Principles and chief Professors of our Reformed Religion in relation to the late exorbitant Proceedings against the King Parliament the publike Revolutions Confusions Ataxies both in our Church Kingdoms and retort them on the Iesuitical Papal seditious Treasonable Antimonarchical Principles and Professors of their Religion especially the Iesuits and French Cardinals Militiere his late Lords and Masters the original Contrivers and chief clandestine Promoters of them as every day more and more discovers to the world And withall abundantly justifie this my undertaking impartial discovery of Jesuitical plots to ruin our Church Religion Kingdoms Parliaments Laws Liberties Government against all malicious Enemies Accusers Maligners whatsoever before all the Tribunals of God or Men where I shal be ready to justifie them upon all occasions In perpetual testimony whereof I have hereunto set my Hand and by Gods Grace shall ever be ready to seal them and the truth of God with my blood if called out to do it Swainswick Aug. 12. 1654. William Prynne A Seasonable Legal and Historicall VINDICATION and Chronologicall Collection of the good Old Fundamental Liberties Franchiseâ— Rights Laws of all English Freemâ—n their best Inheritance Birth-right Security against all Arbitrary Tyranny Aegyptian Slavery and Burdens of late years most dangerously undermined oppugned and almost totally subverted under the specious feigned Disguise of their Defence Enlargement and future Establishment upon a sure Basis IT is an universall received Principle and experimentall truth beyond all contradiction That no naturall structure no artificial building no Civil or Ecclesiastical Corporation Realm Republike Government or Society of men no Art or Science whatsoever can possibly be erected supported established preserved or continued in their being or well-being without FOVNDATIONS 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 Gods own sacred unerring word of Truth we finde frequent mention of the naturall
a law to alter the property of the Subjects goods which is also against the Law In this and sundry other Arguments touching the Right of Impositions in the Commons House of Parliament by the Members of it arguing against them it was frequently averred and at last Voted and Resolved by the House 7. Jacobi That such Impositions without consent in Parliament were AGAINST THE ORIGINAL FVNDAMENTAL LAWS AND PROPERTY OF THE SVBJECT and Original Right Frame and Constitution of the Kingdome as the Notes and Journals of that Parliament evidence An expresse parliamentary Resolution in point for what I here assert 6. The sixth is 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 1628. entered in the Parliament Journal of 4. Caroli and since printed at London 1642. In the Introduction to which Conference Sir Dudley Digs by the Commons House Order used these expressions My good Lords whilest we the Commons out of our good affections were seeking for money we found I cannot say a â—ook of the Law but many A FVNDAMENTAL POINT THEREOF NEGLECTED AND BROKEN which hath occasioned our desire of this Conference wherein I am first commanded to shew unto your Lordships in general That the Laws of England are grounded on Reason more ancient than Books consisting much in unwritten Customs yet so full of Justice and true Equity that your most honorable Predecessors and Ancestors propugned them with a NOLVMVS MVTARI and so ancient that from the Saxons dayes notwithstanding the injuries and ruines of time they have continued in most parts the same c. Be pleased then to know THAT IT IS AN UNDOUBTED AND FUNDAMENTALL POINT OF THIS SO ANCIENT COMMON LAW OF ENGLAND THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS which doth preserve as sacred that MEVM and TVVM that is the Nurse of Industry and the Mother of Courage and without which there can be no Justice of which MEVM and TVVM is the proper object But the VNDOVBTED BIRTH-RIGHT OF FREE SVBJECTS hath lately not a little been invaded and prejudiced by pressures the more grievous because they have been pursued by IMPRISONMENT contrary to the Franchises of this Land c. Which the Commons House proved by many Statutes and Records in all ages in that Conference to the full satisfaction of the Lords House since published in print 7. The Seventh is The Vote the whole House of Commons 16. December 1640. Nullo contradicente entered in their Journall and printed in Diurnall Occurrences page 13. That the Canons made in the Convocation Anno 1640. ARE AGAINST THE FUNDAMENTAL LAWS OF THE REALM the Property and Liberty of the Subject the Right of Parliament and containe diverse things tending to Faction and Sedition Seconded in their Remonstrances of 15. December 1641. 8. The eight Authority is The Votes of both Houses of Parliament concerning the security of the Kingdome of ENGLAND and Dominion of Wales 15. Martii 1641. Ordered by the Lords and Commons in Parliament to be forthwith printed and published as they were then by themselves and afterwards with other Votes and Orders Resolved upon the Question nemine contradicente That in case of extream danger and his Majesties refusall the Ordinance agreed on by both Houses for the MILITIA to secure the Houses Members and Priviledges of Parliament and Kingdome against ARMED-VIOLENCE since brought upon them by the MILITIA of the Army doth obliege the people and ought to be obeyed by the FUNDAMENTAL LAWS OF THIS KINGDOME A very vain and delusory Vote if there be no such Law as some now affirm 9. The nineth punctuall Authority is a Second Declaration of the Lords and Commons assembled in Parliament concerning the Commission of Array Printed by their speciall Order of 12. January 1642. Wherein are these observable passages The main drift of all the answer is to maintain That the King by the Common Law may grant such a Commission of Array as this is upon this ground because it s for the Defence of the Kingdome And that the power which he hath to grant it by the Common law is not taken away by the Petition of Right or any former Statute but the King notwithstanding any of them may charge the Subject for Defence of the Kingdome so as the charge imposed come not to himself nor to his particular advantage These grounds thus laid extend not to the Commission of Array alone but to all other charges that his Maâ—esty shall impose upon his Subjects upon pretence of Defence of the Kingdome for there is the same reason of Law for any other charge that is pretended for Defence as for this If his Majesty by the Common Law may charge his Subjects to finde Arms and other things in the Commission enjoyned because they are for Defence of the Kingdom by the same reason of Law he may command his People to build Castles Forts and Bulwarks and after to maintain them with Garrisons Arms and Victuals at their own charges And by the same reason he may compel his subjects to finde Ships and furnish them with Men Ammunition and Victuals and to finde Souldiers pay Coat and Conduct money provide victuals for Souldiers and all other things NECESSARY FOR AN ARMY these things being as necessary for Defence as any thing that can be done in execution of this Commission And for that exposition of the Petition of Right and other Statutes therein noted if it should hold doth it not overthrow as well the Petition it self at all other Laws that have been made for the subjects benefit against Taxes and other charges either 〈…〉 or any other Parliaments These Positions thus laid down and maintained Do shake the Fundamental Laws of the Kingdome the ancient Birth right of every Subject both for the Property of his Goods and Liberty of his Person Nay they strike at the root of Parliaments What need his Majesty call Parliaments to provide for Defence of the Realm when himself may compell his subjects to defend it without Parliaments If these grounds should hold what need the subjects grant subsidies in Parliament for Defence of the Kingdome in time of reall danger if the King for Defence at any times when he shall onely conceive or pretend danger may impose Charges upon his Subjects without their Consent in Parliament Upon that which hath been said in this and our former Declaration we doubt not but all indifferent men will be satisfied that this Commission of Array is full of danger and inconvenience to the Subjects of England AND AGAINST THE FUNDAMENTALâ— LAWES OF THE LAND both for PROPERTY OF GOODS AND LIBERTY OF PERSON c. As it is against THE FUNDAMENTAL LAWS OF THE REALM so no statute makes it good c. And the Lords and Commons do upon the whole matter here conclude That they are very much aggrieved that
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
Ecclesiasticall Censures Excommunication Suspension Deprivation and Degradation CONTRARY TO THE LAWS of this kingdome Thirteenth He did by his own authority and power contrary to Law procure sundry of his Majesties Subjects and enforced the Clergy of this Kingdome to contribute towards the maintenance of the War against the Scots That to preserve himself from being questioned for these other his Traiterous courses he hath laboured to subvert the Rights of Parliament and the ancient course of Parliamentary proceedings and have not the Army Officers and others actually done it since upon the same accompt and by false and malicious slanders to incense his Majesty against Parliaments All which being proved against him at his Triall were after solemn Argument by Mr. Samuel Brown in behalf of the Commons House proved and soon after adjudged to be High Treason at the Common Law by both Houses of Parliament and so declared in the Ordinance for his Attainder for which he was condemned and beheaded as a Traitor against the King Law and Kingdom on Tower Hill January 10. 1644. 11. In the same Parliament December 21. Jan. 14. Febr. 11. 1640. and July 6. 1641. Sir John Finch then Lord Keeper Chief Justice Bramston Judge Berkley Judge Crawly Chief Baron Davenport Baron Weston and Baron Trevour were accused and impeached by the House of Commons by several Articles transmitted to the Lords OF HIGH TREASON for that they had Traiterously and wickedly endeavoured to subvert the Fundamental Laws and established Government of the Realm of ENGLAND and instead thereof to introdâ—ce an Arbitrary and Tyrannical Government against Law which they had declared by traiterous and wicked words opinions judgements and more especially in this their extrajudiciall opinion subscribed by them in the case of Ship money viz. We are of opinion that when the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger your Majesty may by Writ under the Great Seal of England without consent in Parliament command all your Subjects of this your Kingdome at their charge to provide and furnish such a number of Ships with Men Victuall and Ammunition and for such time as your Majesty shall think fit for the Defence and safeguard of the Kingdome from such danger and perill And we are of Opinion that in such case your Majesty is the sole Judge both of the danger and when and how the sume is to be prevented and avoided And likewise for arguing and giving judgment accordingly in Mr. John Hampdens case in the Exchequer Chamber in the point of Ship money in April 1638 which said opinions are Destructive to the Fundamental Laws of the Realm the Subjects Right of Property and contrary to former Resolutions in Parliament and the Petition of Right as the words of their severall Impeachments run Sir John Finâ—h fled the Realm to preserve his head on his shoulders some others of them died through fear to prevent the danger soon after their Impeachments and the rest who were lesse peccant were put to Fines 12. Mr. John Pym in his Declaration upon the whole matter of the charge of High Treason against Thomas Earl of Strafford Aprill 12. 1641. before a Committee of both Houses of Parliament in Westminster Hall printed and published by Order of the House of Commons proves his endeavour to subvert the Fundamental Laws of England and to introduce an Arbitrary Power to be High Treason and an offence very hainous in the nature and mischievous in the effects thereof which saith he will best appear if it be examined by that universall and supream Law Saluâ— Populi the element of all Laws out of which they are derived the end of all Laws to which they are designed and in which they are perfected 1. It is an offence comprehending all other Offences Here you shall finde several Treasons Murthers Rapines Oppressions Perjuries There is in this Crime a Seminary of all evils hurtfull to a State and if you consider the Reasons of it it must needs be so The Law is that which puts a difference betwixt good and evill betwixt just and unjust If you take away the law all things will fall into confusion every man will become a law to himself which in the depraved condition of humane nature must needs produce many great enormities Lust will become a Law and Envy will become a law Covetousnesse and Ambition will become laws and what Dictates what decisions such laws will produce may easily be discerned in the late Government of Ireland and England too since this The law hath a power to prevent to restrain to repair evils without this all kindes of mischiefs and distempers will break in upon a State It is the Law that intitles the King to the Allegiance and Service of his people it intitles the People to the Protection and Justice of the King c. The Law is the Boundary the measure betwixt the Kings Prerogative and the Peoples Liberties whiles these move in their Orbe they are a support and security to one another but if these Bounds be so removed that they enter into contestation and conflict one of these great mischiefs must needs ensue if the Prerogative of the King overwhelm the Liberty of the people it will be turned into Tyranny If Liberty undermine the Prerogative it will turn into Anarchy The Law is the safegard the custody of all private interests your Honours your Lives your Liberties and your estates are all in the keeping of the Law without this every man hath a like Right to any thing and this is the condition into which the Irish were brought by the Earl of Strafford and the English by others who condemned him And the reason which he gave for it hath more mischief than the thing it self THEY ARE A CONQUERED NATION let those who now say the same of England as well as Scotland and Ireland consider and observe what followes There cannot be a word more pregnant and fruitfull IN TREASON than that word is There are few Nations in the world that have not been conquered and no doubt but the conquerour may give what Laws he please to those that are conquered But if the succeeding Parts and Agreements do not limit and restrain that right what people can be secure England hath been conquered and Wales hath been conquered and by this reason will be in little better case than Ireland If the King by the Right of a Conquerour give Lawes to his people shall not the people by the same reason be restored to the Right of the conquered to recover their Liberty if they can What can be more hurtful more pernicious than such Propositions as these 2. It is dangerous to the Kings Person and dangerous to his Crown it is apt to cherish ambition usurpation and oppression in great men and to beget sedition discontent in the people and both these have been and in reason must ever be great causes of trouble
Kingdome And if it hath not been put in execution as he alledgeth this two hundred and fourty years it was not for want of LAW but that all that time had not bred a man bold enough to commit such Crimes as these which is a circumstance much aggravating his Offence and making him no lesse liable to punishment he is THE ONELY MAN that in so long a time hath ventured UPON SUCH A TREASON AS THIS Thus far Mr. John Pym in the Name and by the Order and Authority of the whole Commons House in Parliament which I wish all those who by their Words Actions Counsels and printed Publications too have traiterously endeavoured to subvert the Fundamentall Laws Liberties Government Parliaments of England and Ireland and to introduce an Arbitrary and Tyrannical Government against law as much as ever Strafford did yea far out stripped him therein even since his execution in all particulars for which he was beheaded would now seriously lay to heart and speedily reform lest they equal or exceed him in conclusion in capital punishments for the same or endlesse Hellish Torments 13. The next Authority I shall produce in point is The Speech and Declaration of Master Oliver St. John at a Conference of both Houses of Parliament concerning SHIPMONEY upon Judge Finches Impeachment of High Treason January 14. 1640. printed by the Commons Order London 1641. wherein he thus declares the sense of the Commons p. 12. c. That by the Judges opinions forecited concerning Ship-mony THE FUNDAMENTAL LAWS OF THE REALM CONCERNING OUR PROPERTIES and OUR PERSONS ARE SHAKEN whose Treasonable Offence herein he thus aggravates page 20. c. The Judges as is declared in the Parliament of 11 R. 2. are the Executors of the Statutes and of the Judgments and Ordinances of Parliament They have made themselves the EXECUTIONERS OF THEM they have indeavoured the DESTRUCTION OF THE FUNDAMENTALS OF OUR LAWS and LIBERTIES Holland in the Low Countries lies under the Sea the superfices of the Land is lower than the superficies of the Sea It is Capitall therefore for any man to cut the Banks because they defend the Country Besides our own even Forraign Authours as Comines observes That the Statute DE TALLAGIO and the other Old Laws are the Sea Wals and Banks which keep the Commons from the inundation of the Prerogative These Pioners have not onely undermined these banks but have levelled them even with the ground If one that was known to be Hostis Patriae had done this though the Dammage be the same yet the Guilt is lesse but the Conservatores Riparum the Overseers intrusted with the Defence of these Banks for them to destroy them the breach of Trust aggravates nay alters the nature of the offence Breach of Trust though in a private Person and in the least things is odious amongst all men much more in a publike Person in things of great and publike concernment because GREAT TRUST BINDES THE PARTY TRUSTED TO GREATEST CARE AND FIDELITY It is TREASON in the Constable of Dover Castle to deliver the Keys to the known enemies of the Kingdome Whereas if the House-keeper of a private person deliver possession to his Adversary it is a crime scarce punishable by Law The Judges under his Majesty are the Persons trusted with the Laws and in them with the Lives Liberties and Estates of the whole Kingdome This Trust of all we have is primarily from his Majesty and from him delegated to the Judges His Majesty at his Coronation is bound by his Oath TO EXECUTE JUSTICE TO HIS PEOPLE ACCORDING TO THE LAWES thereby to assure the People of the faithfull performance of his GREAT TRUST His Majesty again as he trusts the Judges with the performance of this part of his Oath so doth he likewise exact another Oath of them for their due execution of Justice to the people according to the Laws hereby the Judges stand intrusted with this part of his Majesties Oath If therefore the Judges shall doe wittingly against the Law they doe not onely break their own Oaths and therein the Common Faith and Trust of the whole Kingdome but do as much as in them lies asperse blemish the sacred Person of his Majesty with the odious and hatefull sin of Perjury My Lords the hainousnesse of this offence is most legible in the severe punishment which former Ages have inflicted upon those Judges who have broken any part of their Oaths wittingly though in things not so dangerous to the Subject as in the case in question Sir Thomas Wayland Chief Justice of the Common Pleas 17. E. 1. was attainted of Felony for taking Bribes and his Lands and Goods forfeited as appears in the Pleas of Parliament 18 E. 1. and he was banished the Kingdome as unworthy to live in the State against which he had so much offended Sir William Thorpe Chief Justice of the Kings Bench in Edward the thirds time having of five persons received five severall Bribes which in all amounted to one hundred pounds was for this alone adjudged to be hanged and all his Goods and Lands forfeited The reason of the Judgment is entered in the Roll in these words Quia praedictus Willielmus Thorp qui Sacramentum Domini Regis erga populum suum habuit ad custodiendum fregit malitiose falsò rebelliter quantum in ipso fuit There is a notable Declaration in that Judgement that this judgement was not to be drawn into example against any other Officers who should break their Oaths but onely against those qui praedictum Sacramentum fecerunt fregerunt habent Leges Angliae ad custodiendum That is onely to the Judges Oaths who have the Laws intrusted unto them This Judgment was given 24 E. 3. The next year in Parliament 25 E. 3. Numb 10. it was debated in Parliament whether this Judgement was legall Et nullo contradicente it was declared TO BE JUST AND ACCORDING TO THE LAW and the same Judgement may be given in time to come upon the like occasion This case is in point That it is death for any JVDGE wittingly to break his OATH in any part of it This OATH of THORP is entred in the Roll and the same Verbatim with the Judges OATH in 18 Edw. 3. and is the same which the Judges now take And let those who have taken the same Oath with the OATHES OF SUPREMACY and ALLEGIANCE too remember and apply this PRESIDENT lest others do it for them Your Lordships will give me leave to observe the differences between that and the case in question 1. That of Thorp was onely a selling of the Law by Retaile to these five persons for he had five severall Bribes of these five persons the Passage of the Law to the rest of the Subjects for ought appears was free and open But these Opinions are a conveyance of the Law by whole sale and that not
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
no sooner projected by some evil Malignant Jesuited Counsellers about the late King but it was presently condemned and crushed in the very shell when first intended to be set on foot in England by King Charls with the advise and consent of his privie Council at White-Hall by a Commission under the Great Seal of England dated the last of February 3 Caroli issued to thirty three Lords of his Majesties Privie Council and others which authorized commanded them to raise monies BY IMPOSITIONS OR OTHERWISE as they in their wisdoms should finde most convenient and that only for these publike uses THE DEFENCE OF THE KING KINGDOM PEOPLE and of the Kings Friends and Allies beyond the Seas then in such imminent danger that WITHOUT EXTREAMEST HAZARD OF THE KING KINGDOM PEOPLE KINGS Friends and Allies it could admit of no longer delay In which INEVITABLE NECESSITY form and circumstance must rather be dispenced with than the substance lost The Commissioners being thereupon specially injoyned to be diligent in the Service and not fail therein as they tender his Majesties Honour and THE SAFETY OF THE KING and PEOPLE This Commission was no sooner discovered but it was presently complained of by the whole Commons House in the Parliament of 3 Caroli and upon Conference with the Lords it was immediately Voted adjudged by both Houses without one dissenting voyce TO BEE EX DIAMETHRO AGAINST LAW and CONTRARY TO THE PETITION OF RIGHT after which it was cancelled as such in the Kings own presence by his consent order and then sent cancelled to both Houses for their satisfaction before ever it was put in execution and all Warrants for and memorials of it cancelled damned destroyed the Commons further urging That the Projector thereof might be found out by strict inquiry and EXEMPLARILY PVNISHED as the Parliament Journal attests notwithstanding all the specious pretences of inevitable necessity imminent danger and the defence safety of the whole Kingdom People King and his forreign Protestant Friends and Allies then in greater real danger than any now appearing This Original Parliamentary Doom Judgement against that New Monster of Excise was ratified approved pressed by both Houses of Parliament in the Cases of Ship-money and the Commission of Array as you may read at large in Mr. Oliver St. Johns Speech and Declaration delivered at a Conference of both Houses concerning Ship-money 14 January 1640. printed by the Commons Order p. 13. to 20. and The Lords and Commons second Declaration against the Commission of Array Exact collection p. 884 885. from which they then drew this positive conclusion fit to be now considered by our New Governours and the whole Nation THAT TO DEFEND THE KINGDOM IN TIME OF IMMINENT DANGER IS NO SUFFICIENT CAVSE for the King and his Council much less then for those who condemned suppressed them for Tyrants and Oppressors of the People TO LAY ANY TAX OR CHARGE UPON THE SUBJECTS WITHOUT THEIR CONSENT IN PARLIAMENT Yea the whole House of Commons was so zealous against this Dutch Devil of Excise that in their Remonstrance of the state of the Kingdom 15 Decemb 1641. Exact Collection p. 3 4 6. they expresly brand censure the first Attempts to introduce it for A MALIGNANT and PERNIâ—IOUS DESIGN TO SUBVERT THE FUNDAMENTAL LAWS and PRINCIPLES OF GOVERNMENT upon which the JUSTICE OF THIS KINGDOM WAS FORMERLY ESTABLISHED as proceeding from JESUITED COVNSELS BEING MOST ACTIVE and PREVAILING yea for AN UNJUST and PERNICIOVS ATTEMPT TO EXTORT GREAT PAYMENTS FROM THE SUBJECTS Which was to be accompanied as now it is with Billited Souldiers in all parts of the Kingdom and the concomitant of German as now of English HORSE That the LAND MIGHT EITHER SUBJECT WITH FEAR or BE ENFORCED WITH RIGOVR TO SUCH ARBITRARY CONTRIBUTIONS AS SHOVLD BE REQVIRED OF THEM And when some rumours were first spread abroad that the COMMONS HOVSE INTENDED TO LAY EXCISE UPON PEWâ—ER AND OTHER COMMODITIES they were so sensible of the injustice and odiousness thereof that they thereupon published a special Declaration printed 8 Octob. 1642. Exact Collection p. 638. wherein they not only disclaim renounce any such intention but branded those Reports and Rumours for FALSE and SCANDALOVS ASPERSIONS raised and cast upon the House BY MALIGNANT and ILL-AFFECTED PERSONS TENDING MUCH TO THE DISSERVICE OF THE PARLIAMENT and Ordered That the AVTHORS OF THEM should be inquired aftèr apprehended and brought to the House TO RECEIVE CONDIGNE PUNISHMENT After which this Excise being notwithstanding this Disclaimer and much publick private opposition against it set on foot by some swaying Members upon a pretence of necessity for support of the Army to the great Oppression and Discontent of the People The Generall and general Council of Officers and Souldiers of THE ARMY themselves were so sensible of this illegal oft-condemned New grievance that in the Heads of their Proposals and particulars of their Desires in order to the clearing and securing of the Rights and Liberties of the Kingdom tendred to the Commissioners of Parliament residing with the Army the first of August 1647. printed in their Book of Declarations p. 118 published by their own and the Lords House special Order they â—ade this one principall Desire to the Parliament That the EXCISE may be taken off from such Commodities whereof the poor of the Land do ordinarily live and A CERTAIN TIME TO BE LIMITED FOR TAKING OFF THE WHOLE Yet notwithstanding all these Judgements and Out-cryes against it some of those very persons who thus publickly branded it both in the Parliament House and Army by irregular paper Ordinances as they intitle them dated 24 December 1653. March 17. 1653. and May 4. 1654. have by their own Self-derived supertranscendent Authority without yea against the Peoples consents or any Authority from Parliament imposed continued Excise upon our own Inland and Forreign Commodities in very high proportions from the twenty fourth of March 1654. till the twenty fourth of March 1655. And which is most observable prescribed it to bee levied by putting the Parties to an EX OFFICIO OATH against themselves by Fines Forfeitures SEQVESTRATIONS and SALES OF THE REFUSERS OPPOSERS PERSONAL and REAL ESTATES DISSTRESSES BREAKING UP OF THE PARTIES HOVSES SEISVRES OF THEIR GOODS IMPRISONMENT OF THE PERSONS OF ALL SUCH WHO SHALL HINDER OR OPPOSE THE MINISTERS OR OFFICERS IMPLOYED IN LEVYING or distraining for the same BY LOCKING UP THE DOORS or OTHERWISE And by these their unparalleld Edicts they further order That the Officers of Excise BOTH DAY AND NIGHT shall be permitted free entrance into ALL ROOMES and PLACES WHATSOEVER THEY SHALL DEMAND in Brewers Sope-boylers and others Houses under pain of forfeiture of fifty pounds for every refusal by colour whereof all mens Houses may be robbed plundered and their throats cut by Theeves and Robbers pretending themselves Excise-men Souldiers authorised to make such Searches as many of late have been And they with all their assistants shall bee kept indenspnified in
for the granting to your Majesty such a Subsidy of Tonnage and Poundage as might uphold your Profit and Revenue in as ample manner as their just care and respect of Trade wherein not only the prosperity but even the life of the Kingdom doth consist would permit But being a work which will require much time and preparation by Conference with your Majesties Officers and with the Merchants not only of London but of other remote parts they finde it not possible to bee accomplished at this time wherefore considering it will be much more prejudicial to the Right of the Subject if your Majesty should continue to receive the same without Authority of Law after the determination of a Session then if there had been a recess by Adjournment only in which case that intended Grant would have related to the first day of the Parliament and assuring themselves That your Majesty is resolved to observe that your royal Answer which you have made to the Petition of Right of both Houses of Parliament yet doubting lest your Majesty may be mis-informed concerning this particular case as if you might continue to take those Subsidies of Tonnage and Poundage and other Impositions of Merchants without breaking that Answer they are forced by that duty which they owe to your Majesty and to those whom they represent to declare THAT THERE OVGHT NOT ANY IMPOSITION TO BE LAID VPON THE GOODS OF MERCHANTS EXPORTED OR IMPORTED WITHOVT COMMON CONSENT BY ACT OF PARLIAMENT WHICH IS THE RIGHT AND INHERITANCE OF YOVR SVBJECTS FOVNDED NOT ONLY VPON THE MOST ANTIENT AND ORIGINAL CONSTITVTION OF THIS KINGDOM BUT OFTEN CONFIRMED AND DECLARED IN DIVERS STAâ—VTE LAWS And for the better manifestation thereof may it please your Majesty to understand That although your royal Predecessors the Kings of this Realm have often had such Subsidies and Impositions granted unto them upon divers occasions especially for the guarding of the Seas and safeguard of Merchants yet the Subjects have been ever careful to use such Cautions and limitations in those Grants as might prevent any Claim to be made that such Subsidies do proceed from duty and not from the free gift of the Subject and that they have heretofore limited a time in such Grants and for the most part but short as for a year or two and if it were continued longer they have sometimes directed a certain space of resensation or intermission that so the Right of the Subject might be more evident At other times it hath been granted upon occasion of Warre for certain numbers of years with Proviso that if the Warre were ended in the mean time then the grant should cease And of course it hath been sequestred into the hands of some Subjects to bee imployed for guarding of the Coasts and it is acknowledged by the ordinary Answers of your Majesties Predecessors in their assents to the Bills of Subsidy of Tonnage and Poundage that it is of the nature of other Subsidies proceeding from the good will of the Subject Very few of your Predecessors had it for life until the reign of Henry 7. who was so farre from conceiving he had any right thereunto that although he granted Commissions for collecting certain Duties and Customs due by Law yet he made no Commission for receiving the Subsidy of Tunnage and Poundage until the same was granted to him in Parliament Since his time all the Kings and Queens of this Realm have had the like Grants for life by the free love and good will of the Subject and whensoever the people have been grieved by laying any Impositions or other Charges upon their Goods and Merchandizes without authority of Law which hath been very seldome yet upon complaint in Parliament they have been forthwith releeved saving in the time of your royall Father who having through ill counsel raised the Rates of Merchandizes to that height at which they now are yet he was pleased so farre to yeeâ—d to the complaint of his people as to offer that if the value of these Impositions which he had set might be made good unto him he would bind himself and his Heirs by Act of Parliament never to lay any other which offer the Commons at that time in regard of the great burthen did not think fit to yeeld unto Nevertheless your loyal Commons in this Parliament out of their especial zeal to your Service and special regard of your pressing occasions have taken into their considerations so to frame a Grant of Subsidy of Tunnage and Poundage to your Majesty that both you might have been better enabled for the defence of your Realm and your Subjects by being secure from all undue Charges be the more encouraged cheerfully to proceed in their course of Trade by the encrease whereof your Majesties profit and likewise the strength of the Kingdom would be very much augmented But not being now able to accomplish this their desire there is no course left unto them without manifest breach of their Duty both to your Majesty and their Country save only to make this humble Declaration THAT THE RECEIVING OF TONNAGE and POVNDAGE and OTHER IMPOSITIONS NOT GRANTED BY PARLIAMENT IS A BREACH OF THE FVNDAMENTAL LIBERTIES OF THIS KINGDOM and CONTRARY TO YOVR MAJESTIES ROYAL ANSWER TO THE SAID PETITION OF RIGHT And therefore they do most humbly beseech your Majesty to forbear any further receiving of the same and not to take it in ill part from those of your Majesties loving Subjects WHO SHALL REFVSE TO MAKE PAIMENT OF ANY SVCH CHARGES WITHOVT WARRANT OF LAW DEMANDED And as by this forbearance your most excellent Majesty shall manifest unto the World your ROYAL JUSTICE IN THE OBSERVATION OF YOVR LAWS so they doubt not hereafter at the time appointed for their coming again they shall have occasion to express their great desire to advance your Majesties HONOVR and PROFIT The King dissolving this Parliament on a sudden and continuing to take Tonnage and Poundage by his Royal Prerogative without any Act of Parliament sundry Merchants upon the Commons Remonstrance refused to pay the same whereupon their Goods were seised of which they complaining in Parliament 16 Caroli were Voted full Reparations against the Customers with Dammages for the same And to prevent the Kings Claim thereunto by right with all future Demands and Collections thereof from the Subject without grant in Parliament they Declared and Enacted by three special Acts of Parliament 16 17 Caroli That IT IS and HATH BEEN THE ANTIENT RIGHT OF THE SVBJECTS OF THIS REALM That NO SUBSIDY CVSTOME IMPOST OR OTHER CHARGES WHATSOEVER OVGHT OR MAY BE LAID OR IMPOSED UPON ANY MERCHANDISE EXPORTED OR IMPORTED BY SUBJECTS DENIZENS OR ALIENS WITHOVT COMMON CONSENT IN PARLIAMENT and that if any Customer Controller or any other Officer or Person should take or receive or cause to bee taken or received the said Subsidy or any other Impost upon any Merchandize whatsoever
peremptorily to withstand the firs to prevent a second customary future exaction and payment in like kind pursuing the Poet Ovids old sage Counsel wherewith I shall conclude this point Principiis obsta serò medicina paratur Cum mala per longas invaluere moras How transcendently all the other Fundamental Laws Liberties Rights of our English Freeborn Nation have by late and present Governours and their Instruments been infringed subverted in an higher avowed degree than ever in former ages by forcible tyrannical Proceedings of all kindes in breaking open mens Houses by armed Souldiers and other unsworn illegal Officers Excise-men Sequestrators both by day and night seising their Persons Horses Armes Papers Writings ransacking their Studies Truncks Cabinets upon false surmises suspicions close imprisoning their persons by multitudes without before any examination particular accusation hearing trial in unusual places and some of them in remetest Isles Garrisons under Souldiers Their pressing of men for Land and Sea service and carrying them away perforce by Soldiers Troopers Officers Mariners like so many Prisoners out of their own Counties and the Realm to unnatural unchristian Warrs against their Wills and Consciences Their disinheriting many Thousands of English Freemen of all sorts of their Freeholds Lands Offices Fraâ—chises Honors Authorities spoyling them and theirs of theirs Goods Chattles Estates Lives in and by Arbitrary Committees Martial other extravagant Courts of highest Injustice Subverting Changing our ancient Fundamental Lawes Statutes and enacting New without the Peoples free consents in Lawfull English Parliaments altering the whole Frame and Constitution of our Monarchy Government and Parliaments themselves Depriving the people of the Free election of their Parliament Members and other Elective Officers contrary to our Lawes Charters Usages securing secluding the Members of Parliament themselves by armed Force dissolving Parliaments by the Sword alone without Writ or legall power contrary to Acts and Privileges of Parliament by erecting New Legislative Tax-imposing Self-created Powers not elected by the People at Whitehall and elsewhere not to be paralleld in any age By creating New-Treasons contrary to the old ones and the Statute of 25 E. 3. and condemning sequestring imprisoning executing English Peers and Freemen only for their loyalty Duty to their lawfull Soveraigns and defence of the Rights Privileges Liberties Laws of the Kingdom Parliament Nation according to their Oathes Protestations League Covenant and Gods own Precepts against the publique Enemies Oppugners Vnderminers Subvertors of and Conspirators against them By making publick wars at Land and Sea with our Christian Protestant Brethren and other Nations and concluding Leagues Truces without common consent or advice in Parliament By alienating selling giving squandring away the ancient Demesnes Lands Honours Rents Revenues Rights Inheritances of the Crown of England yea of Scotland and Ireland likewise to Officers Souldiers of the Army and others for pretended Arrears Services or inconsiderable values which should defray all the constant ordinary Expences of the Government publique State Officers Embassadours Garrisons Navy Courts of the Kingdom and ease the People from all kind of Taxes Payments Contributions whatsoever towards them except in extraordinary emergent cases and necessities in times of war requiring extraordinary expences for their publique safety supplied by Aydes and Subsidies granted only by common consent in Parliament only and not otherwise which now must be wholly or for the greatest part defrayed by the People alone out of their own exhausted private estates by endlesse Taxes Excises Contributions as appears by the 27 28 29 30. Articles of their New ill sounding Instrument foreinsisted on whiles others without right or legal Title enjoy the old standing Demesnes Lands Rents Revenues and Perquisites of the Crown for their private advantage without any Acts of Resumption usual in all former ages to keep the Kingdom Nation from becoming Bankrupts and people from oppression which should ease the people of those intollerable constant burthens lately laid upon them against all Justice Law Conscience and make insufferable wasts and spoyles of the stately Houses Timber Woodâ— Mines Forrests Parkes of the Crown without restraint to the Kingdoms extraordinary prejudice for which they ought to give an Account and make full reparations if the Earl of Devonshires case Cook 11 Reports f. 89 90 91 be Law And by sundry other particulars requiring whole Baronian volumes to recite and specifie to the full is so well known by dayly experience and multitude of Presidents fresh in memory to our whole three Nations that I shall here no further insist upon them all which experimentally confirm the truth of our Saviours own words Iohn 10 1 10. Verily verily I say unto you He that entreth not by the Doâ—r into the Sheepfold but climbeth up some other way the same is a Theef and a Robber The Theef cometh not but steal and to kill and to destroy Whatever his pretences be to the contrary And this rule of Johannes Angelius Wenderhagen Politiae Synopticae lib. 3. c. 9. sect 11. p. 3. 10. Hinc Regulae loco notandum Quod omne Regnum vi Armata acquisitum in effectis Subditos Semper in durior is Servatutis conditiones arripiat licet a principio Dulcedinem prurientibus spirare videatur which we now find most true by sad sensible experience Ideâ— cunctis hoc cavendum Ne temere se seduci patiantur FINIS This Epistle should have been printed before the first part but was omitted through hast a See the several Epistles of Frederick the Emperor against Pope Gegory the 9 and Innocent the 4 recorded by Mat. Paris p. 332. to 693. sparsim b See Extraâ— de Majoritate Obedientia Augustinus Triumphus Bellarminus Becanuâ— and others De Monarchia Remani Pontificis Hospiniaâ— Hist Jesui l. 3 4. * Henricus de Knighton de Eventibus Angli ae l. 2. c. 14 15. c See Massaeus Vegius Petrus Ribadeniera in vita Ignatii Loyolae Heylins Micracosme p. 179. d See Lewis Owen his Jesuites Looking-glass printed London 1629. the Epistle to the Reader and p. 48 to 58. Jubilaeum sive speculum Jesuitiâ—um printed 1644. p. 307 to 213. Hospinian Hist Jesuitica l. 2. * Speculum Jesuiticum p. 210. See Romes Master-peice Conterburies Doom p. 435 c. Hiddeâ— works of Darkness 88 144. e Mercure Iesuâ—le tom 1. p. 67. Speculum Jesuitieum p. 1. 56. f See Lewis Owen his running Register his Jesuited Looking glass The Anatomy of the English Nunnery at Lisbone g De Monarchia Hispanica p. 146 147 148 149 204 234 235 236 185 186. h See Thomas Campanella de Monarchia Hispaniae Watsons quodhbets Coâ—loni Posthuma p. 91. 10 107. Cardinal de Ossets Letters Arcana Imperii Hispanici Delâ—h 1628. Advice a tous les Estat's de Europe touches les maximas Fundamentales de Government dissâ—iennes Espaginols Paâ—is 1625. i Set my Speccb in Parliament p. 107. â—o 119. and the History of Independency k Exact Collâ—ction p. 651 652 662 666 813
can the new Modellers of our Government over and over who were parties to this Declaration then Members of the Commons House say so now or read this without blushing and self-abhorrence * Is not a superintendent power in the Army over above against the Parliament or People far more dangerous likely to introduce such an arbitrary Government in the Nation if lest in the General Officers or their Councels power * Did not the imposing a strange New Engagement and sundry arbitrary Committes of Indemnity c. intâ—râ—upt it in the highest degree and the misnamed high Courts of Justice falsifie this whole clause * Exact Collect. p. 4. 12. 34. 61. 243. 260. 321. 500. 502. * See the humble Remonstrance against the illegall Tax of Ship-money briefly discussed p. 2. c. Englands Birth righ their Treatises The Declaration of Sir Thomas Fairfax and the Army under his Command tendered to the Parliament June 14. 1647. concerning the Just and Fundamental Rights and Liberties of the Kingdome * Walsingham Stow Holinshed Speed Grasion Trussel Baker in 5 R. 2. John Stows Survey of London p. 89. to 103 Mr. St. Johns Argument at Law at Straffords Attainller p. 14. * The Statutes at large Stow Holinshed Speed Grafton Baker Trussel in 10 21 R. 2. 1 H. 4. M. St. Johns Speech concerning the Ship-mony Judges p. 28. to 37. and argument at Law at Straffords Attainder * As some of late years have done * M. St. Johns argument at Law at Straffords Attainder p. 13 14 17. * Hall Fabian Holinshed Speed Graftoâ— Stow Martin Baker * And have not others of late assumed to themselves more Royal power than he resolved to be Treason by 21. â— 3. Rot. Parl. Cooks 3. Institut p 9. * To wit by Cade and his Confederates for the alteration of the laws * See Mr. St. Johns argument against Strafford p. 17. Halls Chronicle and Holinshed * Cooks 3. Institutes p. 9 10. * Cooks 4. Institutes c. 8. p. 89. to 96. * See Speed Hollinshed Grafton Stow Antiquitates Ecclesiae Brit. p. 378. 379. and Godwin in his life * Mr. St. Johns Argument against Strafford p. 14 15. * Cooks 3 Instit c. 1. p. 9 10. Mr. St. Johns Argument at law against Strafford p 15 16. * See the Journals of both Houses Act for his Attainder Mr. Pyms Declaration upon the whole matter of the Charge of High Treason against him Aprill 12. 1641. Mr. St. Johns argument at law at his Attainder and Diurnal Occurrences * See the Commons and Lords Journals his printed Impeachment Mr. Pyms Speech thereat Canterburies Doom p. 25 26 27 38 40. See Chap. 2. Proposition 1. * Do not others now do it who impeached and condemnedhim in an higher degree then he * Is it not so in the New Instrument Article 1. 2 3 4 5 9 10 12 13 16 21 22 24 25 26 27 28 29 30 31 32 33 34 37 38 39 40. 42. of our New Government and those that compiled and prescribed it to the 3 kingdoms * Are there not more such matters contained in the new Instrument of Government than in these * Have not arbitrary Committees in most places done the like or worse in many cases * Have not others done the like in an higher degree * See the Commons and Lords Journals Diurnal Occurrences p. 15 16 19 37 191 to 264. and Mr. St Johns Speech at a Conference of both Houses of Parliament concerning ship money these Judges Togegether with the Speeches of Mr Hide Mr. Waller M. Peâ—rpoint M Denzill Hollis at their Impeachments July 6. 1641. aggravating their offences in Diurnal Occurrences and Speeches p. 237 to 264. * Now others presume to do it without writ of consulting with the judges who condemned it in them See c. 2 Proposition 1. * Have not others been sole Judges of it and other pretended dangers since Nota. * And are they not so now * And did not some at White-Hall do so of late and now too witnesse their volumes of new Declarations Edicts Ordinances there made * Have not others taken up such Principles in their practises proceedings even against Kings Kingdomes Parliament Peers as well as private persons Nota. * Note this all the whole Commons-House opinion then * Is not this an experimental truth now * And were they ever so base cowardly slavish as now * Was ever their power violence so unlimited unbounded in all kinds as now against Kings kingdoms Parliaments Peers People * Is it not most true of late and still Note * See Article 2 2 3 â— 5 10 11 12 13 16 21 22 24 25 26 27 28 29 30 31 32 33 39 p. 45 46. of the Government of the Common-wealth of England c. * Doth not the Declaration of 17 March 1648 and the Instrument of the new Government do it in the highest degree * And others as well as he of far inferiour place estate * But have not our times bred men much bolder than he since this speech was made and he executed * Since he hath many followers * p. 36. * Have none done so since them See Chap. 2. Proposition 1. * Have not other Pioneers and Judasses done the like * This is grown a meer Paradon of late years in Judges souldiers others * What are they now of late times of publike Changes * See 27 H. 8. c. 24. 26. Magna Charta c. 12. 29. 52. H. 3. c. 1 3 5 9 20. 3 E. 1. c. 44 45 46. 13 E. 1. c. 10 12 30 31 35 39 44 45. 25 E. 1. c. 1 2. 27 E. 1. c. 2 3. 34 E. 1. c. 6. 12 E 2. c. 6. 2 E. 3. c. 3. 14 E 3. c. 10. 16. Rastal Justices * Was it ever so frequent a sin as now in all sorts of late Judges Officers Subjects * Do none deserve as severe now * See Cookes 3. Institutes p. 146 147 and page 133. Holinshed page 284 285. Speeds History page 651. Stow Walsingham Daniel in 18 E. 1. * See Cooks 3. Instit p. 145. * Have none of this name or of this Function since done as bad or worse in an higher degree * Let Custodes Legum Libertatum Angliae and those now called Judges remember it * Let the Reporter and others now consider it * 1 Eliz. c. 1 3 Jac. c. 4. 7 Jac. c. 6. * This is nothing incomparison to the late Taxes Ship mony Excises imposed on the subjects without a Parliament amounting to above 20 times as much as the Kings Ship mony and more frequent uncessant and endlesse then it * Are we now beholding to it for any thing against the onely new Law of the longest sword Which takes imposeth what when and how much it pleaseth without accompt or dispute from all sorts and degrees of Persons and that by those who were commissioned trusted engaged by Oaths Protestations Vows League and Covenant to preserve our