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

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exceeding Straffords 10. As it is a crime Odious in the nature of it so it is odious in the Judgement and Estimation of the Law TO ALTER THE SETTLED FRAME AND CONSTITUTION OF GOVERNMENT IN ANY STATE Let those consider it who are guilty of it in the Highest Degree beyond Strafford Canterbery or the Shipmoney Judges in our own State The Lawes whereby all parts of a Kingdom are preserved should be very vaine and defective if they had not a Power to secure and preserve themselves The Forfeitures inflicted for Treason by our Law are of Life Honour and Estate even all that can be forfeited and this Prisoner although he should * pay all these Forfeitures will still be a Debtor to the Common wealth Nothing can be more equall then that he should perish by the Justice of the Law which he would have subverted Neither will this be a New way of blo●d There are marks enough to trace this Law to the very Originall of this Kingdome And if it hath not been put in execution as he alledgeth this 240 yeares 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 because 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 trayterously endeavored to subvert the Fundamentall Lawes Liberties of England and Ireland and to introduce an arbitrary and Tyrannical Government against Law as much as ever Strafford did and out stripped him therein ever since his execution in all particulars for which he was beheaded would now seriously lay to heart and speedily reform lest they equall or exceed him conclusion in Capitall punishments for the same or endlesse Hellish Torments The next Authority I shall produce in point is The speech and declaration of Mr. Oliver St. John at a Conference of both Houses of Parliament concerning Ship-mony upon Judge Finches Impeachment of High Treason January 14. 1640. printed by the Commons Orders London 1641. wherein he 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 PROPERTY and OUR PERSONS ARE SHAKEN Whose Treasonable Offence herein he thus aggravates p. 20. c. The Judges as is declared in the Parliament of 11 R. 2. are the Executors of the Statutes and of the Judgements and Ordinances of Parliament They have here made themselves the * EXECVTIONERS OF THEM they have endevoured THE DESTRVCTION OF THE FVND AMENTALS OF OVR LAWS and LIBERTIES Holland in the Low-Countries lies under the Sea the Superficies of the Land is lower than the Superficies of the Sea It is Capitall therefore for any man to cut the Banks because they defend the Country Besides our own even Forreign Authors as Comines observes That the Statute DE TALLAGIO and the other old Laws are the Sea walls and Banks which keep the Commons from the inundation of the Prerogative These * Pioners have not onely undermined these Banks but they have levelled them even with the ground If one that was known to be Hostis Patriae had done this thought the Dammage be the same yet the Guilt is lesse but the Conservatores Riparum the overseers instructed 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 publick Person in things of great and publick concernement because * GREAT TRUST BINDS 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 because the Castle is the Key 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 if primarily from his Majesty and * in him delegated to the Judges His Majesty at his Coronation is bound by his Oath TO EXECUTE JUSTICE TO HIS PEOPLE ACCORDING TO THE LAWS thereby to assure the people of the faithfull performance of his Great Trust His Majesty again as he trusts of 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 do wittingly against the Law they do not onely break their own oaths and therein the Common Faith and trust of the whole Ki●●dome but do as much as in them lies sperse and blemish the sacred Person of his Majesty with the odious and hateful fin of * Perjury My Lords the hainousnesse of this offence is most legible in the * severe punishment which formour 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 forefeited as appears in the Pleas of Parlament 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 Thorp 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 Judgement is entered in the Roll in these words Quia praedictus Wilielmus * Throp qui Sacramentum Domini Regis erga populum suum habuit ad custodiendum fugit malitiosè falsò rebeliter quantum in ipso suit There is a notiable 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 predictum Sacramentum fecerunt fregerunt * habent Leges Angliae ad custodiendum That is onely to the Judges Oaths who have the Laws intrusted unto them This Judgement 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
of the said KING robbing slaying spoiling a great part of his faithfull People Our said Soveraign Lord the King considering the promises with many other which were more odious to remember by advice and assent of the LORDS Spirituall and Temporall and at THE REQVEST OF THE COMMONS and by authority aforesaid hath ordained and established that the said Iohn Cade shal be had named and declared a false Traytor to cur said Soveraign Lord the King and that all His Tyranny Acts Facts false Opinions shall be voyded abated adnulled destroyed and put out of remembrance for ever And that all indictments in time coming in like case under power of Tyranny Rebellion and stirring had shall be of no regard nor effect but void in Law and all the petitions * delivered to the said King in his last Parliament holden at Westminster the sixth day of November the 29 of his Reign against his mind by him not agreed shall be taken and put in oblivion out of remembrance undone voided adnulled and destroyed for ever as a thing purposed against God and his Couscience and against his royall estate and preheminence and also dishonourable and unreasonable 5. In the a 8 year of King Henry the 8. William Bell and Thomas Lacy in the County or Kent conspired with Thomas Cheyney the Hermite of the Queen of Fairies TO OVERTHROW THE LAWS AND CVSTOMS OF THE REALM for effecting whereof they with 200. more met together and concluded upon a cause or raising greater forces in Kent and the adjacent shires this was adiudged high treason and some of them executed as traytors Moreover it b was resolved by all the Judges of in the reign of Henry S. that an Insurrection against the Statute of Labourers or for the inhansing of salaries and wages was Treason a levying war against the King Because it was generally against the KINGS LAW and the Offenders tooke upon them the REFORMATION thereof which Subjects by gathering of power ought not to do 6. On a December 1. in the 21. yeer of King Henry the 8. Sir Thomas Moor Lord Chancellor of England with 14. more Lords of the Privy Councel Iohn Fitz Iames Chief Justice of England and Sir Anthony Fitzherbert one of the Judges of the Common Pleas exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinall Wolsy That he had by divers and many sundry ways and fashions committed High Treason and notable grievous offences misusing altering and subverting the order of his Graces Laws and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royall to the inestimable great hinderance dimunition and decay of the universal Wealth of this his Graces Realm The Articles are 43. in number The 20 21 26 30 35 47 42 43. contain his illegal arbitrary practices and proceedings to the subversion of the due course and order of his Graces Laws to the undoing of a great number of his loving people Whereupon they pray Please therefore your most excellent Majesty of your excellent goodness towards the Weal of this your Realm and Subjects of the same to see such order and direction upon the said Lord Cardinal as may bee to terrible example of others to beware to offend your Grace and your Lawes hereafter And that he be so provided for that he never have any power jurisdiction or authority hereafter to trouble vex or impoverish the Commonwealth of this your Realm as he hath done heretofore to the great hurt and dammage of every man almost high and low His * poysoning himself prevented his Iudgment for these his practises 7. The b Statute of 1. Marie● 12. Enacts that if 12. or more shall endeavour by force to alter any of the laws or statutes of the Kingdome the offender shall from the time therein limited be adjudged ONELY AS A FELON whereas it was Treason before but this act continuing but till the next Parliament and then expiring the offence remains Treason as before 8. In the a 39. of Queen Elizabeth divers in the County of Oxford consulted together to go from house to house in that County and from thence to London and other parts to excite them to take arms for the throwing down of inclosures throughout the Realm nothing more was prosecuted nor assemblies made yet in Easter Term 39. Elizabeth it was resolved by all the Judges of England who met about the case That this was High Treason and a levying Warre against the Queen because it was to throw down all inclosures throughout the Kingdome to which they could pretend no right and that the end of it was to overthrow the Laws and Statutes for Inclosures Whereupon BRADSHAW and BVRTON two of the principall offenders were condemned and executed at Aic●ston Hill in Oxfordshire where they intended their first meeting 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 16●0 1641 b The whole House of Commons impeached Thomas Earle of Stafford Lord Deputy of Ireland of high Treason amongst other Articles for this crime especially wherein all the other centred that he Treasonably endeavoured by his Words actions and Counsels to subvert the Fundamentall Lawes of ENGLAND and IRELAND and introduce an arbitrary and Tyrannicall Government This the whole parliament declared and adjudged to be High treason c in and by their votes and a speciall act of parliament for his attainder for which he was condemned and soon after executed on Tower Hill as a traytor to the King and Kingdome May 2● 1641. 10. The whole House of Common● the same Parliament impeached William L●●d archbishop of Canterbury of HIGH TREASON in these 〈…〉 1646. First that he hath traytorously endeavoured 〈…〉 Fundamental Lawes and Government of this Kingdome of England and instead thereof to introduce an Arbitrary and Tyrannical Government against Law And hee to that end hath wickedly and Traiterously advised his Majesty that hee might at his own will and pleasure levy and take Money of his Subjects without their consent in parliament and this hee affirmed was warrantable by the Law of God Secondly He hath for the better accomplishment of that his Trayterous design advised and procured Sermons and other Discourses to be preached printed and published in which the authority of parliaments and the force of the Laws of this Kingdome have been denyed and absolute and unlimited power over the persons and estates of his Majesties Subjects maintained and defended not onely in the King but in himself and other Bishops against the Law Thirdly he hath by Letters Messages Threats and promises and by divers other ways to Judges and other Ministers of Justice interrupted perverted and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of Justice in his Majesties Courts at Westminster and other Courts to the subversion of the LAWES of this KINGDOME whereby sundry of his Majesties Subjects have been stopt in their
Et nullo contradicente is was declared TO BE JUST AND ACCORDING TO THE LAW and that 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 Judge wittingly to break his oath in any part of it This oath of Thorp is entred in the Roll and is the same verbatim with the Judges Oath in 18 E. 3. and is the same which the Judges now take And let those who have taken the same Oath 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 only a selling of the Law by Retail to those 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 wholesale and that not to but from the Subject 2. In that of Thorp as to those five persons it was not an absolute den●all of Justice it was not a damming up but a straightning only of the Chanel For whereas the Judges ought Judicium reddere that is the Laws being THE BIRTHRIGHT and INHERITANCE OF THE SVBJECT the Judge when the parties in suit demand Judgment should re● dare freely restore the Right unto them now he doth not dare but vendere with hazard only of perverting Justice for the party that buyes the Judgement may have a good and honest cause But these Opinions besides that they have cost the Subjects very dear dearer then any nay I think I may truly say then all the unjust Judgements that ever have been given in this Realm witnesse the many hundred thousand pounds which under colour of them have been levied upon the Subjects amounting to * seven hundred thousand pounds and upwards that have been paid unto the Treasurer of the Navy in sundry years besides what the Subjects have been forced to pay Sheriffes Sheriffes-Bayliffes and now an hundred times more to Troopers and Souldiers who forcibly levy their unlawfull Contributions and Excises and otherwise which altogether as is conceived amounts not to lesse then a million in five years space whereas now we pay above two Millions in Taxes Imposts Excises every year besides the infinite vexations of the Subject by suits in Law binding them over attendance at the Councel Table taking them from their necessary imployments in making Sesses and Collections and imprisonment of their persons all now trebled to what then I say besides what is past to make our miseries compleat they have as much as in them is MADE THEM ENDLESSE as others since have done for by these Opinions they have put vpon themselves and their Successors An impossibility of ever doing us right again and an incapacity upon us of demanding it so long as they continue as the Compilers of the late Instrument with 42. Strings intituled The Government of the Common-wealth of England c. Artic. 1 2 3 9 10 12 22 24 25 26 27 28 31 32 36 37 38 39. have done as far as they and much beyond them In that sore famine in the Land of Egypt when the inhabitants were reduced to the next door to death for there they say why should we die for bread First they give their mony next their flocks and Cattle last of all their persons and Lands for bread all became Pharaohs but by this Lex Regia there is a transaction made not only of our persons but of our bread likewise wherewith our persons should be sustained that was for bread this of our bread For since these Opinions if we have any thing at all we are not at all beholding TO THE LAW FOR IT but are wholly cast UPON THE MERCY and GOODNESSE OF THE KING Again there the Egyptians themselves sold themselves and all they had to the King if ours had been so done if it had been so done by our own free consent in Parliament we had the lesse cause to complain But it was done against our wills and by those who were trusted and that upon Oath with the preservation of these things for us The Lawes are our Forts and Bulwarks of Defence If the Captain of a Castle only out of fear and Cowardize and not from any Compliance with the enemy surrender it This is TREASON as was adjudged in Parliament 1 R. 2. in the two Cases of Comines and Weston and in the Case of the Lord Gray for surrendring Barwick Castle to the Scots in Edward the thirds time though good defence had been made by him and that he had lost his eldest son in maintenance of the Siege and yet the losse of a Castle Ioseph not the Kingdome only the place and adjacent parts with trouble to the whole But by the Opinions there is a Surrender made of all our Legall defence of Property that which hath been preacht is now judged that there is no Meum Tuum between the King and people besides that which concerns our Persons The Law is the Temple the Sanctuary whether Subjects out to run for shelter and Refuge hereby it is become Templum sine numine as was the Temple built by the Roman Emperour who after he had built it put no gods into it We have the Letter of the Law still but not the sense we have the Fabrick of the Temple still but the Dii Tutelares are gone But this is not all the Case that is That the Law now ceaseth to aide and defend us in our Rights for then possession alone were a good Title if there were no Law to take it away Occupanti concederetur melior esset Possidentis conditio But this though too bad is not the worst for besides that which is Privitive in these Opinions there is somewhat positive For now the Law doth not only not defend us but the Law it self by temporising Judges and Lawyers is made the Instrument of taking all away For whensoever his Majesty or his Successors shall be pleased to say that the good and safety of the Kingdome is concerned and that the whole Kingdome is in danger the when and how the same is to be prevented makes our persons and all we have liable to bare will and Pleasure By this means The Sanctuary is turned into a Shambles the Forts are sleighted that so they might neither do us good nor hurt But they are held against us by those who ought to have held them for us and the mouth of our own Canon is turned upon our own selves and that by our own military Officers Souldiers and others since as well as the Ship money Judges then Thus farre Mr. Oliver St. John by the Commons Order whose words I thought fit thus to transcribe at large because not only most pertinent but seasonable for the present times wherein as in a Looking Glasse some pretended Judges
this businesse in the Army where it was first coined and return an Accompt hereof to this House These Votes were seconded soon after with these ensuing votes entred in the Commons Journall and printed by their special Order 23. November 1647. A Petition directed to the Supream Authority of England the Commons in Parliament assembled The humble petition of many Free born people of England c. was read the first and second time Resolved upon the Question that this petition is A sedititious and contemptuous avowing and prosecution of a former petition and paper annexed stiled an agreement of the people formerly adjudged by this House to be Destructive to the being of Parliaments and Fundamentall Government of the Kingdome Resolved c. That Thomas Prince Cheesemonger and Samuel Chidley be forthwith committed prisoners to the Prison of the Gatehouse there to remain prisoners during the pleasure of this House for a Seditious avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the people formerly Ajudged by this House to be destructive to the being of Parliaments and fundamentall Government of the Kingdome Resolved c. That Jeremy Jues Thomas Taylor and William Larnar be forthwith committed to the Prison of Newgate there to remain Prisoners during the pleasure of this House for a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agrement of the people formerly adjudged by this House to be destructive to the being of Parliaments and Fundamentall Government of this Kingdome Resolved c. That a Letter be prepared and sent to the Generall taking notice of his proceeding in the execution according to the Rules of Warre of a mutinous person avowing and prosecuting this agreement in the Army contrary to these Votes at the Rendezvouz near Ware and to give him thanks for it and to desire him to prosecute that Businesse the to bottome and to bring Such guilty persons as he shall think fit to condigne and exemplary Punishment Resolved c. That the Votes upon the Petition and Agreement annexed and likewise the Votes upon this Petition be forthwith printed and published After which by a Speciall Ordinance of both Houses of Parliament 17 December 1647. No person whatsoever who had contrived plotted prosecuted or entred into that Engagement inti●uled The agreement of the people declared To be destructive to the being of Parliaments and Fundamentall Government of the Kingdome for one whole year was to be elected chosen or put into the office or Place of Lord Mayor or Alderman Sheriffe Deputy of a Ward or Common Councel man of the City of London or to have a voice in the Election of any such Officer All these particulars with the Capitall Proceedings against White and others who fomented this Agreement in the Army abundantly evidence the veriey of my foresaid Proposition and the extraordinary guilt of those Members and Souldiers who contrary to their own Votes Ordinances Proceedings and Censures of others have since prosecuted this the like or far worse Agreement to the destruction of our ancient Parliaments and their Priviledges and the fundamentall Government Laws and Liberty of our Nation which I wish they would now sadly lay to heart The third is the memorable Statutes of 3. Jacobi ch 1 2 4 and 5. Which relating the old Gunpowder Treason of the Jesuites and Papists and their infernal inhumane barbarous detestable plot to blow up the King Queen Prince Lords Commons and whole House of Peers with Gunpowder when they should have been assembled in Parliament in the upper House of Parliament upon the fifth of November in the year of our Lord 1605. do aggravate the hainousnesse and transcendency thereof by this circumstance That it was as some of the principall Conspirators thereof confessed purposely devised and concluded to be done in the said House That where sundry necessary and Religious Laws for Preservation of the Church and State were made which they falsely and standerously term Cruel Laws enacted against them and their Religion Both Place and Persons should be all destroyed and blown up at once And by these dangerous consequences if it had not been miraculously prevented but taken effect That it would have turned to the utter ruine overthrow and Subversion Of the whole State and Common-wealth of this flourishing and renowned Kingdome and Gods true Religion therein established by Law and of our Laws and Government For which horrid Treason they were all attainted and then executed as Traytors and some of their Heads Quarters set up upon the Parliament House for terrour of others Even so let all other Traytors Conspirators against our Fundamental Laws Liberties Government Kings Parliaments and Religion treading presumptuously in their Jesuiticall footsteeps * perish O Lord but let them who cordilally love and strenuously maintain them against all Conspirators Traytors Underminers Invaders whatsoever be as the Sun when he goeth forth in his might That the Land may have rest peace settlement again for as many years at least as it had before our late innovations Wars Confusions by their restitution and establishment CHAP. II. HAving thus sufficiently proved That the Kingdome and Freemen of England have some ancient hereditary Rights Liberties Franchises Priviledges Customes properly called FVNDAMENTALL as likewise a Fundamentall Government no wayes to be altered under mined subverted directly or indirectly under the guilt and pain of High Treason in those who attempt it especially by Fraud Force or armed Power I shall in the second place present you in brief Propositions a Summary of the chiefest and most considerable of them which our prudent Ancestors in former ages and our latest reall Parliaments have both declared to be and eagerly contested for as Fundamentall and Essentiall to their very being and well being as a Free people Kingdome Republick unwilling to be enslaved under any yokes of Tyranny or arbitrary power that so the whole Nation may the more perspicuously know and discern them the more strenuously contend for them the more vigilantly watch against their violations underminings in any kind by any Powers or Pretences whatsoever and transmit perpetuate them intirely to their posterities as their best and chiefest inheritance I shall comprise the Summe and Substance of them all in these 9. Propositions beginning with the Subjects Property which hath been more frequently universally invaded assaulted undermined by our Kings and their evill instruments and thereupon more strenuously frequently and vigilantly maintained retained by our Nobles Parliaments and the people in all ages till of late years than any or all of the rest put together though every of them have been constantly defended maintained when impugned or incroached upon by our Ancestors and our selves 1. That no Tax Tallage Aid Subsidy Custome Contribution Loan Imposition Excise or other Assessement whatsoever for Defence of the Realm by Land or Sea or any other publick ordinary or extraordinary occasion may or ought to be imposed or levyed
Liberty of the Subject against Impositions maintained in an Argument in the Parliament of 7. Jacobi printed at London 1641. By Judge Crooks and Judge Huttons Arguments concerning Shipmony both printed at London 1641. By the Case of Shipmony briefly discussed London 1640. by Mr. St. Johns Argument and Speech against Shipmony printed at London 1641. By Sir Edward Cook in his 1. Institutes p. 46. and 57. to 64. and 528. to 537. By the 1. and 2. Remonstrance of the Lords and Commons in Parliament against the Commission of Array Exact Collection p. 386. to 398. and 850. to 890. and by my own Humble Remonstrance against Shipmony London 1643. The fourth part of the Soveraign power of Parliaments and Kingdomes p. 14. to 26. and my Legall Vindications of the Liberties of England against Illegall Taxes c. London 1649. and by the Records and Statutes cited in the ensuing Chapter referring for the most part to the first Proposition The second third and fourth of them are la●gely debated and confirmed by a Conference desired by the Lords and had by a Committee of both Houses concerning the Rights and Priviledges of the Subject 3. Ap●ilis 4. Ca●ol●printed at London 1642. By Sir Edward Cook in his Institutes on Magna Charta c. 29. p. 45. to 57. By the 1. and 2. Remonstrance of the Lords and Commons against the Commission of Array Exact Collection p. 386. c. 850. to 890. By Judge Crooks and Judge Huttons Arguments against Shipmony By Sir Robert Cotton his Posthuma p. 222. to 269. By my Breviate of the Prelates encroachments on the Kings Prerogative and Subjects Liberties p. 138. c. My new discovery of the Prelates tyranny p. 137. to 183. and some of the ensuing Statutes and Records The fifth and sixth of them are fully cleared and vindicated in and by the Prologues of all our Councils Statutes Laws before and since the Conquest By Sir Edward Cooks 4. Institutes ch. 1. Mr. Cromptons Jurisdiction of Courts Title High Court of Parliament My Soveraign power of Parliaments and Kingdomes p. 1 2 3 4. My Legal Vindication against illegal Taxes and pretended Acts of Parliament London 1649 Prynne the Member reconciled to Prynne the Barrester printed the same year My Historicall Collection of the ancient great Councils of the Parliaments of England London 1649. My Truth triumphing over Falshood Antiquity over Novelty London 1645. and some of the Records hereafter transcribed In this I shall be more sparing because so fully confirmed in these and other Treatises The seventh is ratified by Sir Edward Cooks 1. Institutes p. 97 98. 4. Institutes p. 89. and 5. Report Cawdries Case of the Kings Ecclesiasticall Lawes and Rastals Abridgement of Statutes Tit. Provisors Praemunire and Rome 11. H. 7. c. 1. and other Records and Statutes in the ensuing Chapter The eighth and ninth are fully debated in my Soveraign Power of Parliaments and Kingdomes Part. 2. p. 3. to 34. Part fourth p. 162. to 170. and touched in Sir Robert Cottons Posthuma p. 174. to 179. How all and every of these Fundamentall Liberties Rights Franchises Lawes have been unparalelledly violated subverted in all and every particular of late years beyond all Presidents in the worst of former ages even by their greatest pretended Propugners their own printed Edicts Instruments Ordinances Papers together with their illegall oppressions Taxes Excises Imposts Rapines violences Proceedings of all kinds whereof I shall give a brief accompt in its due place will sufficiently evidence if compared with the premised propositions Which abundantly confirm the truth of our Saviours words John 10. 1. 10. and this rule of Johannis Angelius Wenderhagen Politicae Synopticae lib. 3. c. 9. sect. 11. p. 310. Hinc Regulae loco notandum Quod omne Regnum Vi Armata acquisitum in Effectu Subdit is Semper in durioris Servitutis conditiones arripiat licet à principio Ducedinem prurientibus 〈◊〉 videatur Ideo cunctis hoc cavendum Nè temrè 〈◊〉 patiantur FINIS a Joh. 17. 17. 2 Cor. 6. 7. Eph. 1. 12. Ja. 1. 18 b 2 Sam. 22. 8 16. Iob 38. 4 6. Psal. 18 15. 102. 25. 1 4. 5. Prov. 8. 29. Isa. 24 18. 40 21. 48. 13. 51. 13 16. Ier. 31. 17. 24 Ephes. 4 4 Heb. 1. 10. 4. 3 9. 26. 1 Pet. 1. 20. c 1 King 5. 17 6. 37. 7. 9 10. Ezr. 4. 13 6 3. Ps. 137. 7. Ezek. 41. 8. Hag. 2. 8. Zech. 4 9 8. 9 Mat. 7 26 27. Luke 6. 48 49. d Isa. 28. 16. 54 11. Psal. 87. 1. 1 Cor. 3. 10 11 12. Heb. 11. 10. 1 Pet. 2. 6. Rev. 21. 14. 19. e 2 Tim. 1. 19. Heb. 6. 1 2. f Ier. 50. 15. Micah 1. 6 7. L●ke 6. 48 49. Mat. 7. 26 27. a Lib. tryed and cast p. 39 40 142 to 4● 154 Canne's Voice from the Temple which perswades the subversion and abolishing of all former Lawes especially for Tythes Ministers support a 2 Thes. 24 b See Exact Collect and a general Collect. 〈◊〉 Ordinances c. c See Culpeper's Lilly's Merlins Almanacks John Can's 2 Voice Lib. tried and cast with many Petitions and Pamphlets against the Law and Lawyers The Order of Aug. 19. 1653. That there should be a Committe selected to consider of a NEW BODY of the Law for the government of this Common-wealth * Summum jus est summa injuria Cic. de Offic●is p. 611. a Lib. tryed and cast p. 39. 40 142. to 148 and elsewhere John Can●●'s 2 Voice from the Temple John Rogers Mene 〈◊〉 Perex p 6. Lilly and Culpeper in their prognostication Anno 1653. 16 4 See the Arimies Proposals b See Math. Par●s p. 2. 6 Magna Chart. 9. 11. ● H. 3. c. 1. 38. 25 E. 1. c. 1 c. 28 E 1 c. 1 c Cook●s 2 Instit. p. 2. Not● See Prop. 1 6 in Chap 2. Nota. * See Cant. D●●m p 19 26 40. D●urn Occu● rences p. 13 See Propos. 1. in chap. 2. * O how are they now degenerated Nota. * And should they not be so now then * And shal we now at last fail herein ‖ How dare then any self-created powers who are neither Kings nor Parliaments now arrogate to themselves or exercise such a super-Regal arbitrary power and prerogative Nota. * And O that we would follow it now again Nota. * And do not those do so who now lay monthly Taxes Excizes Customs and New-Impost on us daily out of Parliament and that for many months and years yet to come against the Letter of their own Instrument and Oath too a See Canterburies Doom p. 19. Diurnal-Occurrences p. 13. b Exact Collection c. p. 112 113. See Chap. 2. P●oposition 3. 7. a Exact Collection p. 850. 854 887 888. * Do not the Army-Officers now enforce them to all this without a Parliament * These Expostulations reach to those at White-Hall now who presume to impose