Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	house_n	majesty_n	time_n	1,776	5	3.6807	3	false

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

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 Majesty shall impose upon his Subjects upon pretence of Defence of the Kingdom 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 injoyned because they are for Defence of the Kingdom by the same reason of Law he may command his People to build Castles Forts and Bulworks 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 * Do not the Army-Officers now enforce them to all this without a Parliament 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 as all other Lawes that have been made for the Subjects benefit against Taxes and other Charges either in this or any other Parliament These Positions thus laid down and maintained DO SHAKE THE FUNDAMENTAL LAWS OF THE KINGDOM 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 * These Expostulations reach to those at White-Hall now who presume to impose Taxes Customs Excises and make b●nding Laws which no Kings there ever did in like nature no● their Counc●ls in any Age. Majesty call Parliaments to provide for Defence of the Realm when himself may compel his Subjects to defend it without Parliaments If these grounds should hold what need the Subjects grant Subsidies in Parliament for Defence of the Kingdom in time of real danger if the King for defence at any times when he shall only 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 FUNDAMENTAL LAWS OF THE LAND both for PROPERTY OF GOODS AND LIBERTY OF PERSON c. 2. 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 after so many Declarations and solemn Protestations made by his Majesty to rule by the known Laws of this Land his Majesty by advice of his ill Councellors should be perswaded to set such a Commission on foot which is so clearly contrary TO THE FUNDAMENTAL LAWS OF THIS LAND the Right of Property and Liberty of the Subject contrary to former Resolutions of Parliament and to the Petition of Right I am certain the generality of the Nation are now as much and more aggrieved that some who were Parties to this Declaration and others who have made as many or more Declarations and Protestations as his Majesty ever did to rule by the known Laws of the Land should since this far exceed his Majesty in the like or more exorbitances in the Militia Excises Taxes Impositions Imprisonments arbitrary extravagant proceedings and capital executions in new erected Courts of Injustice as diametrically contrary as the Kings Commissions of Array to the Fundamental Laws of the Land four times together so stiled and insided on as such in this one Declaration of both Houses the Right of Property of the Subject contrary to former Resolutions and the Petition of Right yea which is most abominable to their own Declarations Remonstrances Votes Protestations Vows Solemn Leagues and Covenants in Parliament to their own eternal Infamy as well as the peoples intolerable oppression and Slavery who thereupon may justly conclude and protest against them as both Houses did in the close of that Declaration against the Array viz * Exact Collection p. 888. And the Lords and Commons do and shall adhere to their former Votes and Resolutions That all those that are Actors in putting of this Commission of Array in execution shall be esteemed disturbers of the Peace of the Kingdome and the Properties and Liberties of the Subject The tenth evidence is 10. a A Collection of all 〈◊〉 Order● 〈…〉 and Declarations of Parliament p. 451 452 457 458. the Vote and Letter of both Houses of Parliament sent to his Majesty at Oxford 9. March 1643. in answer to his Majesties of the third of March wherein there is this passage We the Lords and Commons assembled in the Parliament of England c. have resolved with the concurrent advice and consent of the Commissioner● of Scotland to represent to your Majesty in all hum●●ity and plainness as followeth That this present Parliament convened according to the known and FUNDAMENTAL LAWS OF THE KINGDOM the continuance whereof is established by a Law consented to by your Ma●esty is in effect denied to be a Parliament c. And hereupon we think our selves bound to let your Majesty know That since the * Yet forcibly dissolved by the Army and some new in Power against their Commissions Oaths Trusts Protestation Covenant and an Act of Parliament for their continuance who may do well to peruse this 〈◊〉 See Chap. 2. Proposition 6. 7. continuance of this Parliament is setled by a Law which as all other Laws of your Kingdom your Majesty is sworn to maintain as we are sworn to our Allegiance to your Majesty these Obligations being reciprocal we must in duty and accordingly are resolved with our lives and fortunes to defend and preserve the just Rights and full Power of this Parliament To which the Earl of Essex then General by both Houses direction in his Letter to the Earl of Forth Jan. 30. 1643. adds this Corollary My Lord the maintenance of the Parliament of England and the Priviledges thereof is that for which we are all resolved to spend our bloud as being THE FOUNDATION WHEREON ALL OUR LAWS and LIBERTIES ARE BUILT Which both the Lords and Commons assembled in Parliament in their Declaration of 23. Martii 1643. touching their proceedings upon his Majesties Letter concerning a Treaty of Peace wherein this Earls former Letter is recited thus second The Parliament of England is the only Basis the chief Support and Pillar of our Laws and Liberties c. And if notwithstanding all these Obligations the King shall * How much more ●h●n if the Army o● Army-Officers shall do●● without question or exemplary

at Aiciston Hill in Oxfordshire where they intended their first meeting b See the Journals of both Houses and Act for his Attainder Mr. Pyms Declaration upon the whole matter of the Charge of High Treason against him April the 12. 1641. M. St. Iohns Argument at Law at his Attainder and Diurnal Occurrences 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 1640. 1641. The whole house of Commons impeached Thomas Earl of Strafford Lord Deputy of Ireland of High Treason amongst other Articles for this crime especially wherein all the other centred That he hath TREASONABLY ENDEVOURED by his Words Actions and Counsels to SUBVERT THE FUNDAMENTALL LAWS OF ENGLAND and IRELAND and introduce an Arbitrary and Tyrannicall Government This the whole Parliament declared and adjudged to be High Treason in and by their votes and a speciall Act of Parliament for his Attainder for which he was condemned and soon after executed on Tower Hill as a Traytour to the King and Kingdome May 22. 1641. c See the Commons and Lords Iournals his printed impeachment Mr. Pyms Speech thereat Canbuties Doom p. 25 26 2● 38 40 10. The whole House of Commons the same Parliament impeached William Laud Archbishop of Canterbury of HIGH TREASON in these very terms February 6. 1640. First That he hath trayterously endeavoured to subvert Fundamentall Lawes and Government of this Kingdome of England and instead thereof to introduce An Arbitrary and Tyrannicall Government against Law See chap. 2. Proposition 1. and he to that end hath wickedly and TRAYTEROUSLY advised his Majesty that he might at his own will and pleasure L●vy and take money of his Subjects without their consent in Parliament and and this he affirmed was warrantable by the Law of God Secondly He hath for the better accomplishment of that his Trayterous design advised and procured Sermons and other Discourses to be preached printed and published in which the Authority of Parliaments and the force of the Lawes of this Kingdome have been denyed and absolute and unlimited Power over the persons and estates of his Majesties Subjects maintained and defended not onely in the King but in himself and other Bishops against the Law Thirdly He hath by Letters Messages Threats and promises and by divers other wayes to Judges and other Ministers of Justice interrupted perverted and at other times by means aforesaid hath endevoured to interrupt and pervert the course of Justice in his Majesties Courts at Westminster and other Courts TO THE SUBVERSION OF THE LAWS OF THIS KINGDOME whereby sundry of his Majesties Subjects have been stopt in their just suits deprived of their lawfull Rights and subjected to his Tyrannical will to their ruine and destruction Fourthly That he hath trayterously endevoured to corrupt the other Courts of Justice by a vising and procuring his Majesty to sell places of Judicature and other offices CONTRARY TO THE LAWS and CUSTOMES in that behalf Fifthly He hath TRAYTEROUSLY caused a Book of Canons to be compiled and published without any lawfull warrant and Authority in that behalf in which pretended Canons many matters are contained contrary to the Kings Prerogative to the fundamentall Laws and Statutes of this Realm to the Rights of Parliament to the Property and Liberty of the Subject and matters tending to sedition and of dangerous consequence and to the establishing of a vast unlawfull presumptuous power in himself and his Successors c. Seventhly That he hath trayterously endevored to alter and subvert Gods true Religion BY LAW ESTABLISHED and instead thereof to set up Popish Religion and Idolatry And to that end hath declared and maintained in Speeches and Printed Books divers Popish Doctrines and opinions contrary to to the Articles of Religion ESTABLISHED BY LAW He hath urged and enjoyned divers Popish and Superstitious Ceremonies WITHOVT ANY WARRANT OF LAW and hath cruelly persecuted those who have opposed the same by corporall punishments and imprisonments and most unjustly vexed others who refused to conform thereunto by Eccclesiasticall Censures Excommunication Suspension Deprivation and Degradation CONTRARY TO THE LAWS OF THIS KINGDOME 13. He did by his own authority and power contrary to Law procure sundry of his Majesties Subjects and enforced the Clergy of this Kingdome to contribute towards the maintenance of the war against the Scots That to preserve himself from being questioned for these and other his Trayterous Courses he hath laboured to Subvert the Rights of Parliament and the ancient Course of Parliamentary Proceedings and by false and malicious slanders to incense his Majesty against Parliaments All which being proved against him at his Triall were after solemn Argum●nt by Mr. Samuel Brown in behalf of the Commons House proved and soon after adjudged to be High Treason at the Common Law by both Houses of Parliament and so declared in the Ordinance for his Attainder for which he was condemned and beheaded as a Traitor against the King Law and Kingdome on Tower hill January 10. 1644. 11. In the a See the Commons and Lords Journals Durnal Occurrences p. 15 16 19. 37. 191. to 264. and Mr. St. Iohns Speech at a conscience of both Houses of Parliament concerning shi●mony and these Judges Together with the Speeches of Mr. Hide Mr. Walker Mr. P●erpoint Mr. Denzill Hollis at their impeachments ●uly 16. 1641. aggravating their offences in Diurnall Occurrences and Speeches same Parliament December 21. Jan. 14. February 11. 1640. and July 6. 1641. Sir John Finch then Lord Keeper chief Justice Bramston Judge Berkly Judge Crawly Chief Baron Davenport Baron Weston and Baron Turnour were accused and impeached by the House of Commons by several Articles transmitted to the Lords OF HIGH TREASON for that they had Traitorously and wickedly endeavoured to subvert the Fundamentall Laws and est●blished Government of the Realm of ENGLAND and instead thereof to introduce an Arbitrary and Tyrannicall Government against Law which they had declared by Traiterous and wicked words opinions judgement and more especially in this their extrajudiciall opinion subscribed by them in the case of Ship-money viz. We are of opinion that when the good and safety of the Kingdome in generall is concerned and the whole kingdome in danger Your Majesty may by Writ under the Great Seal of England without consent in Parliament command all your Subjects of this your Kingdome See ch 2. Proposition 1. at their charge to provide and furnish such a number of Ships with Men Victuall and Ammunition and for such time as your Majesty shall think fit for the Defence and safeguard of the Kingdome from such danger and perill And we are of opinion that in such case your Majesty is the sole Judge both of the danger and when and how the same is to be prevented and avoided And likewise for arguing and giving iudgment accordingly in Master John Hempdens case in the Exchequer Chamber in the point of Ship money in Aprill 1638. which said Opinions

others who condemned it I A. B. do swear that I will never give my consent TO ALTER THE GOVERNMENT OF THIS CHURCH BY ARCH-BISHOPS BISHOPS DEANS AND ARCH-DEACONS c. AS IT STANDS NOW ESTABLISHED AND AS BY RIGHT IT OUGHT TO STAND * See Cant. Doom p. 19 26. 40. Diurn Occurrences p. 13. Resolved by the whole house of Commons and Peers too without one dissenting voice in Parliament Decemb. 1640. to be a most dangerous and illegal Oath contrary to THE RIGHTS and PRIVILEDGES OF PARLIAMENT and to the FUNDAMENTAL LAWS STATUTES OF THE REALM c. and OF DANGEROUS CONSEQUENCE The contriving whereof was objected to the late Arch-bishop of Canterbury in his Original and Additional Articles of Impeachment to be HIGH TREASON for which amongst other things he lost his head The fourth is the notable Petition of Grievance of the whole House of Commons in Parliament presented to King James in the seventh yeer of his Reign after their Vote against his right to lay any Impositions on Goods imported or exported without assent of Parliament in these ensuing words THe Policie and Constitution of this your Majesties Kingdom See Propos 1. in chap. 2. appropriates unto the Kings of this Realm with assent of Parliament as well the Soveraign power of making Laws as that of taxing or imposing upon the Subjects Goods or Merchandizes wherein they have justly such a Property as may not without their consent be altered or changed this is the cause that the People of this Kingdom as they have * O how are they now degenerated ever shewed themselves faithful and loving to their Kings and ready to aid them in all their just occasions Nota. with voluntary Contributions SO HAVE THEY BEEN * And should they not be so now then EVER CAREFUL TO PRESERVE THEIR OWN LIBERTIES AND RIGHTS WHEN ANY THING HATH BEEN DONE TO PREJUDICE OR IMPEACH THE SAME And therefore when their Princes either occasioned by War or by their own bounty or by any other Necessity have without consent of Parliament set on Impositions either within the Land ●r upon Commodities exported or imported by the Merchants they have in open Parliament complained of it in that it was done without their consents AND THEREUPON * And shall we now at last fail h●rein NEVER FAILED TO OBTAIN A SPEEDY AND FULL REDRESS without any † Howdare then any self created powers who are neither Kings nor Parliam●n●s now arrogate to themselves or exercise such a super-Regal arbitrary power prerogative Claim made by the Kings of any Power or Prerogative in that point And though THE LAW OF PROPERTY BE ORIGINAL and carefully preserved by the Common Lawes of this Realm WHICH ARE AS ANCIENT AS THE KINGDOM IT SELF yet those famous Kings for the better contentment and assurance of their loving Subjects agreed THAT THIS OLD FUNDAMENTAL RIGHT observe the words should be further declared AND ESTABLISHED BY ACT OF PARLIAMENT wherein it is provided That no such Charge should ever be laid upon the People without their Common consents as may appear by sundry Records of former times We therefore your Majesties most humble Commons assembled in Parliament Nota. * And O that we would sollow it now again FOLLOWING THE EXAMPLE OF THIS WORTHY CARE OF OUR ANCESTORS AND OUT OF OUR DUTY TO THOSE FOR WHOM WE SERVE finding that your Majesty without advice of your Lords and Commons hath lately in times of Peace SET BOTH GREATER IMPOSITIONS AND FAR MORE IN NUMBER THEN ANY YOUR NOBLE ANCESTORS DID EVER IN TIME OF WAR do with all humility present this most just and necessary Petition unto your Majesty THAT ALL IMPOSITIONS SET WITHOUT ASSENT IN PARLIAMENT MAY BE QUITE ABOLISHED AND TAKEN AWAY And that your Majesty likewise in imitation of your Royal PROGENITORS will be pleased that a Law in your time and during this Session of Parliament may be also made to declare THAT ALL IMPOSITIONS OF ANY KIND SET OR TO BE SET UPON YOUR PEOPLE THEIR GOODS OR MERCHANDIZES SAVE ONLY BY COMMON CONSENT IN PARLIAMENT ARE AND SHALL BE VOID wherein your Majesty shall not only GIVE YOUR SUBJECTS GREAT SATISFACTION IN POINT OF THEIR RIGHT but also bring exceeding joy and comfort to them who now suffer partly through the abating of the price of Native Commodities and partly through the raising of all Forraign to the overt● row of Merchants and Shipping the causing of general dearth and decay of all wealth among your people who will be thereby no less discouraged then disabled to supply your Majesty when occasion shall require In which memorable Petition the whole House of Commons resolve in direct terms 1. That the Subjects of England have old original Fundamental Rights and more particularly in the Property of their goods exempted from all Impositions whatsoever in times of Peace or War without their common consent in Parliament declared and established both by the ancient Common Law of England and sundry Acts of Parliament and Records of former times 2. They declare the constant vigilant care zeal of our Ancestors and former Parliaments in all Ages inviolably to maintain defend preserve the same against all encroachments together with their own care duty and vigilancy in this kind in that very Parliament 3. They relate the readiness of our Kings to ratifie these their Fundamental Rights by new Acts of Parliament when they have been violated in any kinde 4. They declare the benefit accruing both to Prince and People by the inviolable preservation and establishment of this old Fundamental Right and the mischiefs accruing to both by the infringement thereof by arbitrary illegal Impositions without full consent in Parliament 5. They earnestly in point of conscience prudence and duty to those for whom they served Petition his Majesty for a new Law and Declaration against all new Impositions and Taxes on Inland Goods or Merchandizes imported or exported without the Peoples free consent in Parliament as null void utterly to be abolished and taken away Whether it will not be absolutely necessary for the whole English Nation and the next ensuing Notional or real Parliament to Prosecute Enact Establish such a Declaration and Law against all such future arbitrary illegal oppressive Taxes Impositions Excises that have been imposed and continued for many years together on the whole Kingdom by new extravagant self-created usurping Army Officers and other Powers without free and full consent of the People in lawful English Parliaments against all former Laws Declarations and Resolutions in Parliament to their great oppression enslaving undoing and that in far greater proportions multiplicity and variety then ever in former Ages without the least intermission and likewise against their late declared design to perpetuate them on our exhausted Nation without alteration or diminution beyond and against all Presidents of former Ages both in times of Peace and War for the future by the 27 28 39 30 9. Articles of the Instrument

entituled The Government of the Commonwealth of England c. I remit to their most serious con●●derations to determine if ever they resolve to be English Freemen again or to imitate the wisdom prudence zeal courage and laudable examples of their worthy Ancestors from which they cannot now degenerate without the greatest Infamy and enslaving of themselves with their Posterities for ever to the arbitrary wills of pres●nt or future Usurpers on their Fundamental Rights and Libe●ties in an higher degree then ever in any precedent ●ges under the Greatest Conquerors or Kings after all their late costly bloudy Wars for their Defence against the Behe●ded King The fifth is A learned and necessary Argument made in the Commons House of Parliament Anno 7. Jacobi to prove That each Subject hath a Propriety in his Goods shewing also the extent of the Kings Prerogative in Impositions upon the Goods of Merchants exported or imported c. By a late learned Judg of this Kingdom printed at London by Richard Bishop 1641. and Ordered to be pub●ished in Print at a Committee appointed by the Honourable House of Commons for examination and Licensing of B●oks 20. Maii 1641. In which Parliamentary Argument p. 8 11 16. I finde these direct Passages That the New Im●ositions contained in the Boo● of Rates imposed on Merchandizes imported and exported by the K●ngs Prerogative and Letters Patents without consent in Parliament is against THE NATURAL FRAME AND CONSTITUTION OF THE POLICY OF THIS KINGDOME which is Jus Publicum Regn● AND SO SUBVERTETH THE FUNDAMENTAL LAW OF THE REALM and introduceth a new form of State and Government Can any man give me a reason why the King can only in Parliament make Lawes No man ever read any Law whereby it was so ordained and yet no man ever read that any King practised the contrary therefore IT IS THE ORIGINAL RIGHT OF THE KINGDOM Nota. AND THE VERY NATURAL CONSTITUTION OF OUR STATE AND POLICY being one of the highest Rights of Soveraign Power If the King alone out of Parliament may impose * And do not those do so 〈◊〉 as ●lay mont●ly 〈…〉 Customs and N●w-Impost on us daily out of Parliament and that for many moneths and years yet to come against the Letter of their own Instrument and Oath too HE ALTERETH THE LAW OF ENGLAND IN ONE OF THESE TWO MAIN FUNDAMENTAL POINTS He must either take the Subjects Goods from them without assent of the Party which is against the Law or else he must give his own Letters Patents the force of 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 FUNDAMENTAL LAWS AND PROPERTY OF THE SUBJECT and Original Right Frame and Constitution of the Kingdom as the Notes and Journals of that Parliament evidence An express Parliamentary resolution in point for what I here assert The sixth is 6. 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. entred in the Parliament Journal of 4. Caroli and since printed at London 1642. In the Introduction to which Conference Sir Dudley Diggs 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 Book of the Law but many A FUNDAMENTAL 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 antient then 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 NOLUMUS MUTARI and so ancient that from the Saxons daies 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 FUNDAMENTAL 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 Meum and Tuum that is the Nurse of Industry and the Mother of Courage and without which there can be no Justice of which Meum and Tuum is the proper object Bu● the UNDOUBTED RIGHT OF FREE SUBJECTS 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 The seventh is 7. The Vote of the a See Canterburies Doom p. 19. Diurnal Occurrences p. 13. whole House of Commons 16. December 1640. Nullo contradicente entred in their Journal and printed in Diurnal Occurrences p. 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 contained divers things tending to Faction and Sedition The eighth Authority is 8. b Exact Collection c. p. 112 113. The Votes of both Houses of Parliament concerning the security of Kingdom 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 of his Majesties refusal the Ordinance agreed on by both Houses for the Militia doth oblige the people See Chap. 2. Proposition 3 7 and ought to be obeyed by THE FUNDAMENTAL LAWS OF THIS KINGDOM A very vain false absurd and delusory Vote if there be no such Law● as some now affirm The ninth punctual Authority is 9. a Exact Collection p. 850 854 887 888. A second Declaration of the Lords and Commons assembled in Parliament concerning the Commission of Array printed by their special Order of 12. Januarii 1642. Wherein are these observeable passages The main drift of 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 Kingdom 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 Subjects for Defence of the Kingdom so as the charge imposed come not to

* Aave not other Pioners and Jasses done the like Pioners have not onely undermined these Banks but they have levelled them even with the ground It one that was known to be Hostis Patriae had done this though the Dammage be the same yet the Guilt is lesse but the Con●ervatores 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 publick Person in things of great and publick concernment because * This is now grown a meere Paradox 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 Kingdom because the Castle is the Key of the Kingdome wheras if the housekeeper of a private person deliver possession to his Adversary it is a crime scarce punishab●e by Law The * What are they now of late times of publick Changes Judges under his Majesty are the Persons trusted with the Laws and in them with the Lives Liberties and Estates of the whole Kingdom This Trust of all we have is primarily from his Majesty * See 27 H. 8. c. 24. 26. Magna Charta c. 12. 29 32 H. 3. c. 1. 3 5. 9 20 3 E. 1 c. 44. 45 46. 13 E. 1. 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 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 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 do wittingly against the Law they do 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 sp●rce and blemish the sacred Person of his Majesty with the odious and hatefull sin of * Was it ever so freque ●t a sia as now in all sorts of late Judges Officers Subjects Perjury My Lords the hainousnesse of this offence is most legible in the * Do none deserve as severe now 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 * See Cooks 3. Instil p. 146 147 and f. 133 Hollirshed p. 284 285. Speeds History p. 651. S●ow Walsingham Daniel in 18 Ed. 1. 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 * See Cgoks 3. Instit. p. 145. 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 * Have none of this Name or of his Function since done the like in an higher degree Thorp qui Sa cramentum Domini Regis erga populum suum habuit ad custodiendum fugit malitiosè 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 * Let Custodes Legum Lib●rtatum Angliae remember it 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. Num. 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 that the * Let the Repater and others consider it 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 ●ath 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 left 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 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 deniall of Justice it was not a damming up but a straitning onely 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 Judgement should re dare freely restore the Right unto them now he doth not dare but vendere with hazard onely 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 than any nay I think I may truly say than 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 levyed upon the Subjects amounting to * This is nothing in comparison to the late Taxes or Excises imposed on the Subjects without a Parliament amounting to above 20 times as much as the Kings Shipmony and more frequent uncessant and endlesse than it seven hundred thousand pounds and upwards that have been paid unto the Treasurer of the Nav● in sundry years besides what the Subjects have been forced to pay Sheriffes Sheriffes-Bayliffes and now an hundred

A SEASONABLE LEGALL AND HISTORICALL VINDICATION AND Chronologicall COLLECTION of the Good Old Fundamentall Liberties Franchises Rights Laws of all English Freemen their best Inheritance Birthright Security against Arbitrary Tyrannicall and Egyptian Burdens and of their strenuous Defence in all former Ages of late years most dangerously undermined and almost totally subverted under the specious Disguise of their Defence and future Establishment upon a Sure Basis their Pretended Greatest Propugners Wherein is Irrefragably evinced by Parliamentary Records Proofs Presidents That we have such Fundamentall Liberties Franchises Rights Laws That to attempt or effect the Subversion of all or any of them or of our Fundamentall Government by Fraud or Force is High Treason The principall of them summed up in 9 Propositions The chief printed Treatises asserting them specified A Chronologicall History of our Ancestors zeal vigilancy courage prudence in gaining regaining enlarging defending oft confirming and perpetuating them to posterity by Great Charters Statutes New Confirmations Excommunications Speciall Conservators Consultations Petitions Declarations Remonstrances Oaths Protestations Vows Leagues Covenants and likewise by their Arms when necessitated during all the Britons Saxons Danes Normans and English Kings Reigns till this present collected for present and future publick benefit With a Brief Touch of their late unparalelled Infringements and Subversions in every particular The Triall of all Malefactors by their Peers and Juries justified as the onely legal best most indifferent and all other late arbitrary Judicatories erected for their Triall exploded destructive both to our Fundamentall Laws and Liberties Collected recommended to the whole English Nation as the best Legacy he can leave them By William Prynne of Swainswick Esquire Psalm 11. 3. If the Foundations be destroyed what can the righteous do Psalm 82 5. They know not neither will they understand they walk on c. Dan. 7. 24 25 26. And another shall arise after the Kings c. London Printed for the Authour and are to be sold by Edward Thomas in Green Arbour 1654. A Seasonable Historical Legal VINDICATION AND CHRONOLOGICAL COLLECTION Of the good Old Fundamental Liberties Franchises Rights Laws of all English Freemen their best Inheritance Birth-right Security against Arbitrary Tyranny Egyptian Slavery and Burdens of late yeers 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 universal received Principle and experimental Truth beyond all contradiction That no natural structure no artificial Building no Civil or Ecclesiastical Corporation Realm Reipublike Government or Society of men no Art nor Science whatsoever can possibly be erected supported established preserved or continued in their being or well-being without FOUNDATIONS whereon as they were at first erected so they must necessarily still depend or else they will presently fall to utter ruine Hence it is to wave all Humane Authorities in so clear a Verity that in God's own sacred unerring a Jo● 17. 17. 2 Cor. 6. 7. Eph. 1. 13. Jam. 1. 18 Word of Truth we find frequent mention of the natural b 2 Sam. 22. 8 16. Jo● 38. 4 6. Psal 18. 15 102. 25. 104. 5. Prov. 8. 29 Isa 24. 18. 40. 21. 48. 13. 51. 13 16. ●er 31. 17. Zech. 12 1. Mica 1. 6. Jo● 17. 24. Ephes 4. 4. Heb. 1. 10. 4. 3. 9 26. 1 Pet. 1 20. FOUNDATIONS of the vast natural Fabrick of the Earth Heavens and World it self of the Artificial Material c 1 King 5. 17. 6. 37. 7. 9 10. Ez● 4. 13 6. 3. Psa 137 7. Ezek. 41. 8. Hag. 2. 8. Zech. 4 9 8. 9. Mat. 7. 26 27. Luke 6 48 49. FOUNDATIONS of the material Temple walls City of Gods own most famous city Jerusalem and of private houses of the Spiritual 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. FOUNDATION of the Spiritual Temple City Jerusalem and whole Church of God even Jesus Christ himself of the Doctrinal e 2 Tim 1. 19. Heb. 6 1 2. FOUNDATIONS and first Principles of Religion Christianity Salvation yea of the Political f Jer. 50. 15. Micah 1. 6 7. Luke 6. 48 49. M●t. 7. 26 27. FOUNDATIONS of Kingdoms Reipublikes Churches Governments States which being once shaken undermined subverted razed or destroyed bring unavoidable ruine and desolation upon them Psal 11. 3. Psal 82. 5 6. Jer. 50. 17. 51. 15 16. Mic. 1. 6 7 9. even as we daily see Castles Walls Houses to fall instantly to the ground and become an heap of Confusion when their Foundations are blown up decayed or demolished Upon which consideration those Publike Laws which establish fence fortifie support the Fundamental Constitutions Rights Liberties Priviledges of any Nation Kingdom Reipublike essential to their being and subsistence as a free or happie people against the Invasions Underminings Encroachments of any Tyrants Usurpers O pressors or publike Enemies are usually stiled FUNDAMENTAL LAWS and have ever been reputed so sacred inviolable immutable in all ages upon any Pretences of Necessity or Publike Safety that most Nations and our own English Ancestors above others have freely chosen to hazard yea lose their Estates Lives in their just defence against such exorbitant Tyrannical Kings and other Powers who by force or policie have endeavoured to violate alter or subvert them rather then out of Cowardize S●tt●shness Carelesness or want of cordial love to the Publike to suffer the least infringement repeal or alteration of them to the inthralling of Themselves or their Posterities to the arbitrary Wills of such Domineering Tyrants and Usurping Powers Now because after all our Old and New many yeers bloody costly dangerous Contests and Wars for the maintenance of our Good Old Fundamental Liberties Laws Rights Priviledges against all secret or open underminers of them I clearly behold with grief of heart that there is a strange monstrous Generation of New TYRANNICAL STATE-HERETICKS sprung up among us who are grown so desperately impudent as not onely to write but publikely to assert in Print in a Lilb tryed and cast p. 39 40 142 to 148. 154. J. Canne's Voice from the Temple which perswades the subversion and abolishing of all former Laws especially for Tythes Ministers support Books printed by AUTHORITY even in Capitals in the very Title-page That the Free-men and People of England have no such unalterable Fundamental Laws and Liberties left them by their forefathers as our Ancestors heretofore contested for both in the Field and Parliament-House with William the Conqueror Henry the first King John Henry the third Edward 1 2 3. Richard the second with other Kings and Princes and our late Parliaments and Armies too with King James and King Charles That neither Magna Charta nor the Petition of Right nor the Laws for trying malefactors by Juries of their peers are

Fundamental or unalterable but that the STATE-PHYSITIANS or rather Mountebanks of our time who are not tied up to them but left free unto themselves may lay them quite aside either in part or whole as they see cause Yea having now attained to such a super-transcendent Authority as may as they assert LAY ASIDE ALL PARLIAMENTS and PARLIAMENTARY WAYS and appoint SOMETHING ELSE as more seasonable and proper to us and as Providence makes way for it if they see it more conducing to the safety and good of the Commonwealth that is to their own private Interests Honours Profits Securities Designes Oppressions Rapines gilded over with this specious pretext And then peremptorily conclude That to plead for these and ot●er Fundamental Laws and L●berties as unalterable though the onely Bulwarks and Badges of our Freedom is nothing else but to enslave the Nation for by such a Principle People do not onely lose their Liberty but are brought under such a kinde of Tyranny out of which AS BEING WORSE THEN THE AEGYPTIAN BONDAGE there is no hope of deliverance An absurd Tyrannical Paradox transcending any I ever yet met with in any Author stripping us naked of all our long-enjoyed Laws Liberties Franchises Great Charters at once tending onely to reduce and perpetually inthral us under such an absolute AEGYPTIAN BONDAGE and Tyranny without any hope of future deliverance from it which some now endeavour to enta●l on us and our posterities for ever by an Iron Law and Yoke of Steel in stead of restoring to us that Glorious Freedom which we have so long expected from them in vain And because I finde the Generality of the Nobility Gentry Clergie Commonalty of our Nation after all their late yeers expensive bloody wars and Parliamentary Disputes for the defence and preservation of these our Ancient Hereditary Fundamental Charters Laws Liberties Priviledges so strangely degenerated both from themselves and their Heroick prudent Ancestors as that they are more readily inclined upon every occasion out of a base un-Christian unmanly un-English fear or sottish cowardice and stupidity wittingly to desert betray surrender them all up into the hands of any invading Usurpers without the least Publike Claim Dissertation Defence or Dispute then diligently or couragiously to contend for them as of late they did So as that which Paul once taxed in the slavish besotted Corinthians 2 Epist 11. 20. may be most truly averred of our degenerated insatuated English Nation Ye suffer if a man bring you into bondage if a man devour you if a man take of you if a man exalt himself above your Laws Liberties Franchises Parliaments Kings Nobles Properties Lives Consciences and a 2 Thes 2. 4. all that is called God or worshipped if a man smite you on the face notwithstanding all their manifold late b See Exact collect and a general Collect. of all Ordinances c. Protestations Vows Covenants Remonstrances Declarations and Publike Engagements to the contrary And withal after diligent enquiry discovering scarce one man of Eminencie or Power in the Nation nor so much as one of my degenerated temporizing Profession of the Law even when the c See Culpep●r's Lilly's Merlins Almanacks John Can ' s 2 Voice Lilb tried and cast with many Pe●itions and Pamphlets against the Law and Lawyers The Order of Aug. 19. 1653. That there should be a Committee selected to consider of A NEW BODY of the Law for the government of this Common-wealth whole Body of our Laws and all its Professors are violently assaulted and devoted unto sudden ruine by many lawless spirits who hath so much Courage Magnanimity Honesty Zeal or cordial Love to his native Country remaining in his brest as manfully to appear in Publike for the strenuous necessary defence of these our Hereditary Fundamental Laws Liberties Rights Franchises though their own and every other English Freeman's best Inheritance and Security for fear of being persecuted imprisoned close imprisoned exiled condemned destroyed as a Traytor Rebel Seditious person Enemy to the Publike or disturber of the Kingdoms Peace by those who are truely such I thereupon conceived I could not undertake or perform a more necessary seasonable beneficial Service for my Country and not to be like those who are ashamed afraid for the most part to own visit or be seen in the company of those Gallant men much less to assist defend and stick close unto them in their dangers according to the sixth Article of their late Solemn League and Covenant who have suffered acted and stood up most for their Common Liberties Rights Freedoms Religion against all invading Tyrants to their great discouragement and betraying nor pitch upon any Subject more proper for me either as a common Lawyer or as a constant Advocate and Sufferer for the Publike Cause and Liberties of the Nation as well under our late extravagant Free-State as former Regal and Episcopal arbitrary Tyranny then in this juncture of our publike affairs to present our whole distracted unsetled Kingdom with An Historical and Legal Vindication and Chronological Collection in all Ages of these Ancient Hereditary Liberties Franchises Rights Contests Laws Charters Records Monuments of former and late times for their Confirmation and inviolable Observation which our Ancestors and our Selves have always hitherto reputed FUNDAMENTAL UNALTERABLE INVIOLABLE upon any pretext and have most eagerly contended for with the prodigal expence of many millions of Treasure and whole oceans of gallant Christian Engl●sh blood And if upon the serious perusal of them the universality of our degenerated Nation after their many late solemn Protestations Vows Leagues Covenants Remonstrances inviolably to defend and maintain them shall still so undervalue them now at last as most actually have done as not to esteem them worth the owning maintaining vindicating or perpetuating any longer and thereby draw upon their heads the real guilt of all those bloody Wars Murders Tumults Violencies Rapines Oppressions Sins Mischiefs Illegal Taxes Excises Exorb tancies which their many late yeers pretended Necessary Defence and Preservation have brought upon our three whole Nations let them henceforth like so many dastardly conquered Bondslaves bored thorow the ears publikely disavow disclaim renounce abjure them for themselves and their Posterities for ever as meer worthless toys or pernicious inventions fit onely to kindle perpetual Wars and Discords between King and People Head and Members Superiours and Inferiours or as poor slender Cobwebs as now they prove fit to hold none within compass but the very weakest flyes broken thorow with ease and impunity by every greater fly creeping up into any Power or Supreme Authority by Right or Wrong and swept down to the very ground by every New Broom in the hand of upstart Innovators But if upon saddest deliberation they shall really estimate them to be such incomparable rich precious jewels and ancient inheritances as are every way worth the infinite Treasures Wars Blood Cares Consultations Troubles heretofore and of late yeers expended both to

the death of the Dukes of Glocester Lancaster and other Peers who maintained the Commission confirmed by act of Parliament X. R. 2. and assembling people in a warlike manner in the County of Chester for the effecting of it in destruction of the Estates of the Realm and OF THE LAWES OF THE KINGDOME 4. In the 29. year of King Henry the sixth Jack Cade under a pretence to REFORM alter and abrogate some Laws Purveyances and extortions importable to the Commons wherupon he was called JOHN AMEND ALL drew a great multitude of Kentish people to Black Heath in a warlike manner to effect it in the Parliament of 29. H. 6. c. 1. this was adjudged High Treason in him and his Complices by act of Parliament and the Parliament of 31. H. 6. c. 1. made this memorable Act against him and his Imitators insucceeding ages worth serious perusall and consideration by all who tread in his footsteps and over-act him in his Treasons Whereas the most abominable Tyrant horrible odious and errant FALSE TRAITOR John Cade calling himself sometimes Mortimer sometime Captain of Kent which Name Fame Acts and Feats to be removed out of the speech and mind of every faithfull Christian man perpetually falsly and trayterously purposing and imagining the perpetual destruction of the KINGS PERSON and FINALL SVBVERSION OF THIS REALM taking upon him * And have not others of late assumed to themselves more Royal power than he resolved to be Treason by 21. E. 3. Rot. Parl. n. 15. ROYALL POWER and gathering to him the Kings people in great number BY FALSE SUBTIL IMAGINED LANGUAGE and seditiously made a stirring Rebellion and insurrection VNDER COLOVR OF JVSTICE FOR REFORMATION OF THE LAWS OF THE SAID KING robbing slaying spoiling a great part of his faithfull people Our said Soveraign Lord the King considering the premises with many other which were more odious to remember by advice and assent of the Lords spirituall and Temporall and at THE REQUEST OF THE COMMONS and by authority aforesaid hath ordained and established that the said John Cade shall be had named and declared A FALSE TRAYTOR to our said Soveraign Lord the King Nota. and that all His Tyranny Acts Facts false Opinions shall be voyded abated adnulled destroyed and put out of remembrance for ever And that all indictments in time coming in like case under power of Tyranny Rebellion and stirring had shall be of no regard nor effect but void in Law and all the Petitions * To wit by Cade and his confederates for the alteration of the Laws c. delivered to the said King in his last Parliament holden at Westminster the sixth day of November the 29. of his Reign against his mind by him not agreed shall be taken and put in oblivion out of remembrance undone voided adnulled and destroyed for ever as a thing purposed against God and his Conscience and against his Royall estate and preheminence and also DISHONOVRABLE andVNREASONABLE 5. In the a See Mr. St. Iohns Argument against Strafford p. 178. Halls Chronicle and Hollinshed 8 year of King Henry the 8. William Bell and Thomas Lacy in the County of Kent conspired with Thomas Cheyney the Hermite of the Queen of Fairies TO OVERTHROW THE LAWS AND CVSTOMES OF THE REALM for effecting whereof they with 200. more met together and concluded upon a cause or raising greater forces in Kent and the adjacent Shires this was adjudged high Treason and some of them executed as Traytors Moreover it b Cooks 3. institutes p. 9. 10. was resolved by all the Judges of in the reign of Henry 8. that an Insurrection against the Statute of Labourers or for the inhansing of Salaries and wages was TREASON a levying war against the King BECAUSE IT WAS GENERALLY AGAINST THE KINGS LAW and the offendors took upon them THe REFORMATION THEREOF which Subjects by gathering of power ought not to do a Cooks 4. Institutes ch 8. p. 89. to 96. 6. On December 1. in the 21. year of King Henry the 8. Sir Thomas Moore Lord Chancellour of England with 14. more Lords of the Privy Councel John Fitz-James Chief Justice of England and Sir Anthony Fitzherhert one of the Judges of the Common Pleas exhibited sundry Articles of impeachment to King Henry the 8. against Cardinall Wolsy That he had by divers and many sundry wayes and fashions committed High treason and NOTABLE GRIEVOUS OFFENCES misusing Altering and subverting the order of his Graces Lawes and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royall to the inestimable great hinderance diminution and decay of the uniuersall Wealth of this his Graces Realm The Articles are 43. in number The 20 21 26 30 35 37 42 43. contain his illegall arbitrary practices and proceedings to the subversion of the due course and order of his Graces Lawes to the undoing of a great number of his loving people Whereupon they pray Please therefore your most excellent Majesty of your excellent goodnesse towards the Weal of this your Realm and Subjects of the same to see such order and direction upon the said Lord Cardinall As may be to terrible example of other to beware to offend your Grace and your Lawes hereafter And that he be so provided for that he never have any Power Jurisdiction or Authority hereafter to trouble vex or impoverish the Common wealth of this your Realm as he hoth done heretofore to the great hurt and dammage of every man almost High and low * See Speed Holished Grafton Stow Antiquitates Ecclesiae Brit. p. 378. 379. and Goodwin in his life time His poysoning himself prevented his judgement for these his Practises b M. St. Iohns Argument against Strafford 7. The Statute of 1. Marie c. 12. Enacts that if 12. or more shall endeavour By force to alter any of the Laws or Statutes of the Kingdome the offender shall from the time therein limited be adjudged ONELY AS A FELON whereas it was Treason before but this Act continuing but till the next Parliament and then expiring the offence remains Treason as before a Cook 3 Inst c. 1. 9 10. and M. St. Iohns Argument at Law against Strafford p. 15 16. 8. In the 39. of Queen Elisabeth divers in the County of Oxford consulted together to go from House to House in that County and from thence to London and other parts to excite them to take arms for the throwing down of inclosures throughout the Realm nothing more was prosecuted nor Assemblies made yet in Easter Term 39. Elisabeth it was resolved by all the judges of England who met about the case That this was High Treason and a levying Warre against the Queen because it was to throw down all inclosures throughout the Kingdome to which they could pretend no right and that the end of it was to OVERTHROW THE LAWS AND STATUTES for Inclosures Whereupon BRADSHAW and BURTON two of the principall offenders were condemned and executed

In times of sudden danger by the Invasion of an enemy it will disable his Majesty to preserve himself and his Subjects from that danger When war threatens a Kingdome by the coming of a forreign enemy it is no time then to discontent the people to make them weary of the PRESENT GOVERNMENT and more inclinable to a change The Supplies which are to come in this way will be unready uncertain there can be no assurance of them no dependence upon them either for time or proportion And if some money be gotten in such a way the Distractions the Divisions Distempers which this cause is apt to produce will be more prejudiciall to the publick safety than the Supply can be advantageous to it 6. This crime is contrary to the Pact and Covenant between the King and his people by mutuall agreement and stipulation confirmed by OATH on both sides 7. It is an Offence that is contrary to the ends of Government 1. To prevent Oppressions to * Was ever their power violence so unlimited unbounded in all Kinds as now limit and restrain the excessive power and violence of great Men to open passages of Justice with indifference towards all 2. To preserve men in their Estates to secure them in their Lives and Liberties 3. That vertue should be cherished and vice suppressed but where Laws are subverted and arbitrary and unlimited power set up a way is open not onely for the security but for the Advancement and Incouragement of evil Such men as are * Is it not most true of late and still aptest for the execution and maintenance of this power are onely capable of Preferment and others will not he Instruments of any unjust Commands who make conscience to do any thing against the Law of the Kingdome Nota. and Liberties of the Subject are not only not passable for imployment but SUBJECT TO MUCh JEALOUSIE and DANGER Is not this their Condition of late and present times expertus loquor 4. That all Accidents and events all Counsels and Designs should be improved to the publick good But this arbitrary power is apt to dispose all to the maintenance of it self And is it not so now 8. The Treasons of Subersions of the Lawes violation of Liberties can never be good or justifiable by any circumstance or occasion being evil in their own nature how specious or good soever they be pretended He alledgeth it was a time of GREAT NECESSITY and DANGER Nota. when such Counsels were necessary FOR THE PRESERVATION OF THE STATE the Plea since and now used by others who condemned him If there were any NECESSITY IT WAS OF HIS OWN MAKING He by his evil Counsel had brought the King as others the Kingdome since into a necessity and by no Rules of Justice can be allowed to gain this advantage to his Justification which is A GREAT PART OF HIS OFFENCE 9. As this is Treason in the nature of it so it doth exceed all other Treasons in this that in the Design and endevour of the Authour it was to be A CONSTANT and PERMANENT TREASON a standing perpetual Treason which would have been in continuall Act not determined within one time or age but transmitted to Posterity even from Generation to Generation And are not others Treasons of late times such proclaimed such in and by their own Printed Papers and therein exceeding Straffords 10. As it is a crime Odious in the nature of it so it is odious in the Judgement and estimation of the Law TO ALTER THE SETLED FRAME AND CONSTITUTION OF GOVERNMENT IN ANY STATE Let those consider it who are guilty of it in the highest Degree beyond Strafford Canterbury or the Shipmony Judges in our own State The Lawes whereby all parts of a Kingdome are preserved should be very vain and defective if they had not a Power to secure and preserve themselves The Forfeitures inflicted for Treason by our Law are of Life Honour and Estate even all that can be forfeited and this Prisoner although he should * And others as well as he of farre inseriour place and Estate pay all these Forfeitures will still be a Debtor to the Common wealth Nothing can be more equall then that he should perish by the Justice of the Law which he would have subverted Neither will this be a New way of blood There are marks enough to trace this Law to the very Originall of this Kingdome And if it hath not been put in execution as he alledgeth this 240 years it was not for want of Law but that all that time had not bread a man * But have not our times bred men much bolder then he since this Sp●ech was made and he executed bold enough to commit such crimes as these which is a circumstance much aggravating his Offence and making him no lesse liable to punishment because he is THE * Since he hath many followe●s ONELY MAN that in so long a time hath ventured UPON SUCH A TREASON AS THIS ' Thus far M. John Pym in the Name and by the Order and Authority of the whole Commons House in Parliament which I wish all those who by their Words Actions Counsels and printed Publications too have trayterously endevoured to subvert the Fundamentall Lawes Liberties of England and Ireland and to introduce an arbitrary and Tyrannicall Government against Law as much as ever Strafford did and out stripped him therein even since his execution in all particulars for which he was beheaded would now seriously lay to heart and speedily reform lest they equall or exceed him in conclusion in Capitall punishments for the same or endlesse Hellish Torments The next Authority I shall produce in point is The speech and Declaration of Mr. Oliver St. John at a Conference of both Houses of Parliament concerning Shipmony upon Judge Finches Impeachment of High Treason January 14. 1640. printed by the Commons Order London 1641. wherein he declares the sense of the Commons p. 12. c. ' That by the Judges Opinions forecited concerning Shipmony THE FUNDAMENTAL LAWS OF THE REALM CONCERNING OUR PROPERTY and OUR PERSONS ARE SHAKEN Whose Treasonable Offence herein he thus aggravates p. 20. c. The Judges as is declared in the Parliament of 11. R. 2. are the Executors of the Statutes and of the Judgements and Ordinances of Parliament They have here made themselves the * Have none done so since them EXECVTIONERS OF THEM they have endevoured THE DESTRVCTION OF THE FVNDAMENTALS OF OVR LAWS and LIBERTIES Holland in the Low-Countries lies under the Sea the Superficies of the Land is lower than the Superficies of the Sea It is Capitall therefore for any man to cut the Banks because they defend the Country Besides our own See chap. 2. even Forreign Authours as Comines observes Proposition 1. That the Statute DE TALLAGIO and the other old Laws are the Sea walls and Banks which keep the Commons from the innundation of the Prerogative These

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

have done some other of my writings of this nature with all which they must first brand Mr. St John Mr. Pym the whole House of Commons the last two with all other Parliamens forecited ere they can accuse traduce or censure me who do but barely relate apply their words and judgements without malice or partiality for the whole Kingdomes benefit and security To these punctuall full Jury of Records and Parliamentary Authorities in point I could accumulate Sir Edward Cook his 3. Institutes p. 9. printed and authorised by the House of Commons speciall Order the last Parliament The severall Speeches of Mr. Hide Mr. Walker Mr. Pierpoint and Mr. Hollis July 6. 1641. at the Lords Bar in Parliament by order of the Commons House at the Impeachment of the Shipmony Judges of High Treason printed in Diurnall Occurrences and speeches in Parliament London 1641. p. 237. to 264. Mr. Samuel Browns Argument at Law before the Lords and Commons at Canterburies Attainder all manifesting their endevouring to subvert the Fundamentall Laws and government of the Nation to be HIGH TREASON with sundry other printed Authorities to prove That we have fundamentall Laws Liberties Rights and a fundamentall Government likewise which ought not to be innovated violated or subverted upon any pretences whatsoever by any power or prevailing Faction But to avoid prolixity the double Jury of irrefragable and punctuall Authorities already produced being sufficient to satisfie the most obstinate Opposites formerly contradicting it I shall onely adde three swaying Authorities more wherewith I shall conclude this point The first is a very late one in a Treatise intituled A true State of the Common wealth of England Scotland and Ireland and the Dominions thereunto belonging in Reference to the late established Government by a Lord Protector and a PARLIAMENT It being the Judgement of DIVERS PERSONS who throughout these late troubles have approved themselves faithfull to the Cause and interest of God and their COUNTRY presented to the Publick for the satisfaction of others Printed at London 1654. who relating the miscarriages of the last Assembly at Westminster use these expressions of them p 13 14 16 17 21 22. But on the contrary it so fell out in a short time that there appeared many in this Assembly of very contrary Principles to the interest aforesaid which led them violently on to attempt and promote many things the consequence whereof would have been A Subverting of the fundamentall Laws of the Land the Destruction of Property and an utter extinguishment of the Gospel In truth their Principles led them TO A PULLING DOWN ALL AND ESTABLISHING NOTHING So that instead of the expected settlement they were running ●ut into FURTHER ANARCHY and CONFUSION As to the Laws and Civil Rights of the Nation nothing would serve them but A TOTALL ERADICATION OF THE OLD and INTRODUCTION OF A NEW and so the Good Old Laws of England the Guardians of our Lives and Fortunes established with prudence and confirmed by the experience of many Ages and Generations The Preservation whereof was a principall Ground of our late Quarrel with the King having been once abolished what could we have expected afterward but an inthroning of Arbitrary Power in the Seat of Judicature and an exposing of our Lives our Estates our Liberties and all that is dear unto us as a Sacrifice to the boundlesse Appetite of Meer Will and Power c. Things being at this Passe and the House through these proceedings perfectly disjointed it was in vain to look for a settlement of this Nation from them thus constituted on the contrary nothing else could be expected But that the Common-wealth should sink under their Hands and the great cause hitherto so happily upheld and maintained to be for ever lost through their preposterous management of these affairs wherewith they had been intrusted Whereupon they justifie their dissolution and turning them forcibly out of doores by the Souldiers with shame and infamy to prevent that destruction which thereby was coming on THE WHOLE LAND but this New Powder Treason Plot set on foot by the Jesuites and Anabaptists to destroy our Laws Liberties properties Ministers and Religion it self at one blow and that in the very Parliament House where they had been constantly defended vindicated preserved established in all former ages by all true English Parliaments The second is a See my Speech in Parliament p. 100. to 108. The Votes of the House of Commons concerning a Paper presented to them entituled An agreement of the people for a firm and present peace upon grounds of Common Right 9. November 1647. viz. Resolved upon the Question That the matters contained in these Papers Are destructive to the being of Parliaments and to the Fundamentall Government of this Kingdome Resolved c. That a Letter be sent to the Generall and those Papers inclosed together with the Vote of this House upon them And that he be desired to examine the proceedings of 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 Parliamen's 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 to the 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 intituled 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 somented 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 slanderously 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 Kingdom 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 See Speeds History p. 1250 and Mr. John Vica●'s History of the Gunpowder Treason and the Arraignment of Traytors 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 footsteps a Judges 5. 31 perish O Lord but let all them who cordially love and strenuously maintain them against all Conspirators Traytors Underminers Invaders whatsoever be as the Sunne 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 Warres 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 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 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 upon all or any of the Freemen of England by reason of any pretended or reall Danger Necessity or other pretext by the Kings of England or any other Powers but onely with and by their common consent and Grant in a free and lawfull Parliament duly summoned and elected Except onely such ancient legall Ayds as they are specially obliged to render by their Tenures Charters Contracts and the Common Law of England 2. That no Freeman of England ought to be arrested confined imprisoned in any private Castles or remote unusuall Prisons under Souldiers or other Guardians but onely in usuall or Common Gaols under sworn responsible Gaolers in the County where he lives or is apprehended and where his Friends may freely visit and relieve him with necessaries And that onely for some just and legall cause expressed in the Writ Warrant or Processe 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 illegall Catchpols That no such Freeman ought to be denied bail Mainprise or the benefit of an Habeas Corpus or any other Legal Writ for his enlargement when bailable or incumpernable by Law nor to be detained prisoner for any reall or pretended Crime not bailable by Law then untill the next Generall or Speciall Gaol-delivery held in the County where he is imprisoned where he ought to be legally tried and proceeded against or else enlarged by the Justices without deniall or delay of Right and Justice And that no such Freeman may or ought to be outlawed exiled condemned to any kind of corporall punishment losse of Life or Member or otherwise destroyed or passed upon but onely by due and lawfull Processe Indictment and the lawfull Triall Verdict and Judgement of his Peers according to the good old Law of the Land in some usuall Court of Publick Justice not by