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A91269 The second part of A seasonable legal and historical vindication, and chronological collection of the good old fundamental liberties, franchises, rights, lawes, government of all English freemen; their best inheritance and onely security against all arbitrary tyranny and Ægyptian taxes. Wherein the extraordinary zeal, courage, care, vigilancy, civill, military and Parliamentary consultations, contests, to preserve, establish, perpetuate them to posterity, against all tyrants, usurpers, enemies, invaders, both under the ancient pagan and Christian Britons, Romans, Saxons. The laws and Parliamentall great councils of the Britons, Saxons. With some generall presidents, concerning the limited powers and prerogatives of our British and first Saxon kings; ... are chronologically epitomized, ... 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 2 Prynne, William, 1600-1669. 1655 (1655) Wing P4072; Thomason E820_11; ESTC R203292 115,608 151

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dissolved late Parliament too proceeded not from the Principles of our reformed Protestant Religion as this Monsieur in his printed pamphlet would make his Reader the young King to whom he dedicates it and all the world believe but from the Popes and Jesuites forecited Treasonable Opinions seconded with their clandestine Sollicitations and Practices and that they with some French Cardinals Jesuites as well as Spanish English then present in England were the chief original Contrivers Promoters of them whoever were the immediate visible Instruments as I have elsewhere more fully demonstrated for the wiping off this scandal from our reformed Religion and the sincere Professors of it who both abominated and protested against it in print 3. That the Jesuites ever since the Establishment of their Military Order under Ignatius their Martial General have been the principal Firebrands Bellows Instruments of kindling fomenting raising continuing all the publick commotions wars seditions and bloody fewdes that have hapened in or between any Kings Kindoms States Princes Soveraigns or Subjects throughout the Christian world and more particularly of all the Civil commotions wars in France Germany Transylvania Bohemia Hungary Russia Poland England Scotland and Ireland to the effusion of whole Oceans of Christian blood which one poetically thus expresseth Quicquid in Orbe mali passim PECCANTE GRADIVO EST Quicquid turbarum tempora nostra vident Cuncta Sodalitio mentito nomine JESU Accepta Historiâ teste referre licet Ite modò vestrae celebrate Encaenia Sectae MILITIS INVENTUM LOIOLANA COHORS Yea it is well worthy observation that Jacobus Crucius a Jesuite Rector of the Jesuites Novices at Landsberge presumed to publish in his Explication of the Rules of the Jesuites Anno 1584. in these words The Father of our Society OUGHT TO BE A SOULDIER because as it is the part of a SOULDIER to rush upon the Enemy with all his Forces and not to desist till he become a Conquerour so it is our duty to run violently upon all who resist the Pope of Rome AND TO DESTROY AND ABOLISH THEM not onely with COUNCELS WRITINGS AND WORDS Sed invocato etiam brachio seculari IGNE ET FERRO TOLLERE ET ABOLERE sicut PONTIFEX ET NOSTRA VOTA contra Lutheranos suscepta VOLUNT ET MANDANT But likewise by calling in to our assistance the secular Arm of an Army to take away and destroy them with FIRE AND SWORD as the POPE AND OUR OATHES taken against the Protestants WILL AND COMMAND And may we not then safely conclude they have been the Original Contrivers Fomentors Continuers of all our late intestine and forraign wars by Land and Sea with our Christian Protestant Brethren and Allyes as sundry Parliamentary Declarations of both Houses aver and attest 4. That they have endeavoured attempted the convulsion concussion subversion not onely of the Empires Realms and ancient setled Governments and States of Germany Russia Bohemia Hungaria France Poland but likewise of England Scotland and Ireland and to new model them into other Forms of Government What mould of Government they intended to cast England into is thus long since described by William Watson a Secular Priest in his Quodlibets Anno 1502. p. 309 310 330 331. England is the main chance of Christendome at this present by seditions factions tampering and aspiring Heads the onely But Mark White the Jesuites aim at as well in intention as execution of their pretended expedition exploit and action I am of opinion that no man on earth can tell what Government it is they intend to establish ratifie and confirm when they come to their preconceited Monarchy no not any of their Plot-casters No question it is but their Government sall be as uncertain as their New-conceited Monarchy their Monarchy as mutable as their Reign and their Reign as variable as the winde or Proteus in his Complements But no question is to be made of it but that the Government they do directly intend at this present is A MOST ABSOLUTE SOVERAIGNTY DOMINION AND STATE CLEARLY EXEMPTED from any Subordination TO ANY LAW or Legifer divine or humane and therefore it is rightly called DESPOTICON in the highest degree of exemplary immunity IMPERIALITY AND ABSOLUTE REIGN RULE AND AUTHORITY as convaining in it three sorts of Government Scil. Monarchical Aristocratical Democratical in matters of Counsel and managing of Commonwealths causes not in point OF REGALITY HONOUR AND INHERITANCE For there shall be neither Title nor Name nor Honour given taken or done to any Prince Duke Marquess Earl Viscount Lord Baron or the like all the Jesuitical Governours being Puritan-like Seniors Elders Provincials c. neither shall there be any succession by Birth or Blood TO ANY HONOUR OFFICE OR MAGISTRACY from the Monarch Pater General to the Minor Pater Minister but ALL SHALL GO BY ELECTION OR CHOICE Whether our late and present variable floating New-Moulded Governments have not been cast by this long since predicted Jesuitical Mould let wise men with all our late and present Governours now sadly consider and determine 5. That as the whole House of Commons in their Remonstrance of 15 December 1641. charge the Jesuites and late Jesuited Court-Counsellors with a Malignant and pernicious designe of SUBVERTING THE FUNDAMENTAL LAWES and Principles of Government upon which the Religion and Justice of the Kingdom are firmly established So William Watson a Secular Priest chargeth Father Parsons the English Jesuite and his Jesuited Companions in their Memorial for Reformation of England when it should be reduced under the power of the Jesuites as Parsons was confident it would be though he should not live to see it written at Sevil in Spain Anno Dom. 1590. that they intended to have Magna Charta with our Common Fundamental Laws and Liberties abrogated and suppressed thus expressed by William Watson in his Quodlibets p. 92 94 95. Father Parsons and the Jesuites in their deep Jesuitical Court of Parliament begun at Styx in Phlegeton have compiled their Acts in a compleat Volume intituled THE HIGH COURT OF REFORMATION FOR ENGLAND And to give you a taste of their intent by that base Court OF A TRIBE OF TRAYTORS sawcily like to Cade Jack Straw and Tom Tiler USURPING THE AUTHORITY OF BOTH STATES ECCLESIASTICAL AND TEMPORAL IN ALL THEIR REBELLIOUS ENTERPRISES these were principal points discussed set down and so decreed by them c. He first mentions three of them relating to Church-men Scholars and Church and Colledge-Lands which were to be put into Feoffees hands and they all to be reduced into arbitrary Pensions c. And then proceeds thus to the fourth The Fouth Statute was there made concerning THE COMMON LAWS OF THIS LAND and that consisted of this one principal point That ALL THE GREAT CHARTERS OF ENGLAND MUST BE BURNT the maner of holding Lands in Fee-simple Fee-tail Kings Service Soccage or Villanage brought into villany scoggery and popularity and in few THE
and thereby restored them to their lost Liberty After which Victory Brute major●● na●u convocavit assembling the Elders of the People in nature of a Parliament demanded their advice what he should do with Pandrasus and what things and conditions he should for their benefit demand of him which he would willingly grant being in their power Whereupon some advised him to demand a part of his Kingdome for them freely to inhabit others counselled rather to demand of him free liberty for them all to depart thence with accommodations for their voyage to seek another habitation elsewhere others advised to bring Pandrasus forth a●d to put him to death and seise upon his Realme in case he refused to grant their demands At last Mempritius a great Counsellor standing up said Regem interficere cupiditate Dominandi nefas mihi videtur cum omnibus licitum sit pro patria pugnade To slay a King out of a desire of reigning in his stead seemes a wickednesse unto me seeing it is lawfull to all men to fight for their Country this was the Divinity and Morality of the very Pagan Britons in that age Whereupon I rather advise that we should demand his eldest daughter from him as a Wife for our Captain Brute and a good sum of Gold and Silver with her for her dowry with Ships and all other necessaries for our jouruey and free license to transport our selves to some other Country because we can never hope to live peaceablely there seeing the Children and Nephewes of those which we have newly slain in these Warres would meditate revenge To the which Tota Multi●udo acquievit all the Multitude assented and Pandrasus to save his life and gain his inlargement willingly condescended to furnishing them with Ships and Provisions With which Brute and all his associates arriving at Totnes in Albion seating themselves there Brute from his name styled this Iland Britain and his Companions Britons destroying those few Gyants which formerly possessed it and then building a City which he styled Troy-Novant now London dedicavit eam civibus jure victuris deditque legem qua pacifice tractarentur In this History of our first British King Brute we have these 5. remarkable particulars 1. A Warre to shake off Slavery and recover publick Liberty 2. A kinde of Generall Parliamentary Councell summoned by Brute of all the Elders of the Britons to advise of Peace Warre and of their common safety and affaires 3. A resolution against killing even a Tyrannicall oppressing King taken in the field in Battle out of Covetousnesse to enjoy his Crown and Dominions as a most wicked act 4. A setling of an hereditary Kingly Government in this Isle upon the very first plantation of the Britons in it 5. Lawes made and given to the people whereby they might live peaceably without injury or oppression This Kingdome descended in lineall succession from Brute and his Posterity to Leir Son of King Bladud who reigning 60. years and having only three Daughters Consilio procerum Regni by the Counsell of the Nobles of the Realme assembled in Parliament gave two of his Daughters in marriage to the Dukes of Cornwall and Albania with one Moiety only of the Iland whiles he lived and the whole Monarchy of Britain after his death After this Porrex slaying his elder Brother Ferrex to get the Crown was slain by his own Mother and her maids for his Treason and Fratricide whereupon civill discord arising a long time the Kingdome thereby was subjected to five severall Kings who infested one another with mutuall slaughters till Dunwallo Molmutius succeeding his Father Clotho King of Cornwall in the Crown slaying the usurping Kings of Loegria Wales and Albania reigned alone over them about the time of Nehemiah After which he enacted certain Laws called Molmutine Laws which for many ages after were very famous and generally observed among the Britons yea used commended by the Saxons and English and inserted into Edward the Confessors Lawes being famous till William the Conquerours time What these Lawes were in particular in relation to the Liberty and Property of the Subject appeares not but the issue proves that they tended to publick peace and preservation of the Subjects persons and estates from violence For in his Reign after these Lawes published for confirmation whereof he built the Temple of Concord in Troynovant where he was afterwards buried Latronum mucrones cessabant Raptorum saevitiae obturabantur nec l●erat usquam qui violentiam alicui ingereret The swords of theeves ceased the cruelties of Plunderers and violent takers of mens Goods and possessions were prevented neither was there any to be found in any place who would offer violence to any man Moreover he ordained That the Temples of the Gods and Cities and the wayes leading to them and the Ploughs of Husbandmen should enjoy the priviledges of Sanctuaries so as every person who fled unto them through guilt or otherwise might depart quietly with leave and without arrest before his enemy After his death about 400. yeares before our Saviours Nativity his two Sons Brennus and Belinus by consent divided his Kingdome between them till Brennus the younger Son aspiring after the Monarchy of the whole Iland was vanquished and expelled by his Brother into France In which Warre Gurthlac King of Denmarke ayding Brennus was taken Prisoner by Belinus Qui convocavit omnes Regni proceres c. who called together all the Nobles of the Realme to Yorke consilio eorum tractaturus to debate by their Councell in nature of a Parliament what he should do with Gurthlac who proffered to submit himself with his Kingdome of Denmarke to him to pay him an annuall Tribute and to ratifie this agreement by his Oath and sureties for his inlargement and ransome Whereupon the Nobles Resolved that he should be enlarged upon this condition which was done accordingly Convocatis proceribus cum id judicatum fuisset assensum prebuerunt cuncti that he should be enlarged upon these conditions as the Marginall Authors record After which King Belinus obtaining the Government of the whole Iland Confirmed his Father Molmutines Laws commanding upright and stable Justice to be done throughout the Land and the wayes to the Temples to be marked out in all places with stones that they might not be ambiguous being priviledged from arrests and violence This King addicting himself constantly to Justice the people thereby became more wealthy in few years then ever they had been in former times After this Brennus arriving with an Army out of France to recover his right Belinus being ready to encounter him in a set Battaile their Mother mediated a Peace between them whereupon they lovingly embraced each other and going to Troinovant inito concilio quid agerent having there hold a Councell what they should do they Resolved to send a common Army to conquer France and other Forain parts which they put in execution Here we have matters of Warre
the Abby of Croyland the same year and to the Abby of Malmesbury Anno 974. with many other Charters of our Saxon Kings to Abbies Bishops and Churches recorded in Ingulphus Malmesbury Spelman and others all which were made and confirmed by these Kings with the consent and approbation of their Bishops Abbots and Nobles assembled in their Great Parliamentary Councils and ratified confirmed by them being else void in Law and repea●lable as appeares by the Generall Council of Kingston Anno 838. Wherein the Manor of Mallings in Kent which King Baldred had formerly given to Christs Church in Canterbury being afterwards revoked and substracted from it because the Nobles offended with the King would not ratifie that donation nor suffer it to remain firm was resetled and confirmed to this Church in and by this Council specially summoned for that purpose by King Egbert and his Son Athelwelfe CONSENTI ENTIBVS DEMVM MAGNATIBVS the Nobles now at last consenting to it in this Council which they refused formerly to doe A clear Evidence of the Noble-mens Negative and Affirmative Voyces to the Saxon Kings grants of their Lands and Charters to pious uses and of their invalidity without their concurrent assents thereto In most of these forecited Charters of our Kings to these Churches and Monasteries it is observable that they exempted them and their Lands AB OMNIBVS PVBLICIS VECTIGALIBVS ONERIBVS REGIIS EXACTIONIBVS ET OPERIBVS nisi in structionibus Arcium vel Pontium quae nunquam ull●s possint Laxari From which notwithstanding King Ive exempted the Abby of Glastonbury and King Aethulwulfe and Beorred the Abby of Croyland ab expeditione militari And therefore as they could not thus exempt them from publick Tributes Burdens Regal Exactions and Services without common consent in Parliamentary Councils so they could not impose any publick Tributes Burdens Exactions or Services on them without common grant and consent in such Councils unless by special referrations as I shall by ensuing Presidents most fully evidence How carefull the Saxon Nobles and Subjects were from the first erection of their Kings and Kingdomes in England to preserve their Priviledges Liberties Properties Lawes from the usurpations Invasions and arbitrary power of Tyrannical Kings or Usurpers and how un●nimous magnanimous they shewed themselves in their just defence will appear by these few Presidents of their Proceedings against their Tyrannicall Oppressing Kings which I shall muster up together in their Chronologicall Order Anno Dom. 756. Sigebert King of the West-Saxons growing insolent and proud by the Successes of his Predecessors in their Warres became intolerable to his People treating them very ill by all kind of meanes LEGESQVE ANTECESSORVM SVORVM PROPTER COMMODVM SVVM VEL DEPRAVARET VEL MVTARET endeavouring to d●prave or change the Laws of his Ancestors for his own private luchre and using EXACTIONS CRUELTIES UPON HIS SUBJECTS setting asid●● ALL LAWES Whereupon his most Noble and Faithful Counseller Earle Cumbra lovingly intimating to him the complaints of all the people perswaded the King to govern the people committed to his Charge more mildly and to lay aside his inhumanity that so he might become amiable to God and man he thereupon soon after commanded him to be wickedly slain and becoming afterwards more cruell to the people augmented his Tyranny Vpon which the rest of the P●ers seeing their State and Lives were every day in danger and the Common Subjects WHOSE LAWES WERE THUS VIOLATED being incensed into fury all the Nobles and People of his Realm assembling together rose up against him and upon provident mature deliberation AND UNANIMOUS CONSENT OF ALL they before he had reigned full two yeares expelled him out of the Kingdom and elected and made Kenulphus sprung from the bloud royall King in his stead Whereupon flying into the Woods like a forlorn person for shelter he was there slain by Cumbra his Swineherd in revenge of his Masters death Ita cr●delitas Regis omnem pene Nobilitatem pervagata in homine ultimae sortis stetit writes Malmesbury To which Henry Huntindon addes this memorable observation Ecce manifestum Domini Judicium ecce quomodo Domini justitia nonsolum in futuro seculo verum etiam in isto digna meritis recompensat Eligens namque Reges improbos ad contritionem promeritam subjectorum alium diu insanire permittit ut populus pravus diu vexetur Rex pravior in aeternum acrius crucietur veluti Ed●lboldum regem Merce praesatum alium vero cita disterminatione praeoccupat ne populus suus nimia Tyrannide oppressus non respiret immoderata Principis requitia citissimas ultionis aeternae debito paenas incurrat veluti Sigebertum hunc de quo tractamus Qui quanto nequior extitit tanto vilius a Subulco interf●ctus a d●lore in dolorem transiit Vnde Domini justitiae aeternae laus gloria nunc semper In the year of our Lord 758. the people of the Kingdome of Mercia rising up against their King Beornred pro eo quod populum non EQVIS LEGIBVS sed PER TYRANNIDEM GVBERNARET because he governed his people not by their JUST LAWES but by arbitrary Tyranny they all of them as well NOBLES as IGNOBLE assembled together in one and Offa a most valiant young man being their Generall they expelled him out of the Realm which being accomplished BY THE UNANIMOUS CONSENT OF ALL as well Clergy as People they crowned the said Offa King This Beornred treacherously murdered King Ethelbald his Soveraign whose Captain he was and then usurped his Crown but was himself deprived of it and slain soon after by Offa who succeeded him by divine retaliation So Edwin King of Mercia in the year 857. for his Misgovernment his despising the Wise-men and Nobles of the Realm who hated his vicious and oppressive courses affecting and fostering ignorant and unrighteous persons his forcible expelling the Monkes and others out of their possessions by armed men his banishing Dunstan into France for reprehending his vices and other injurious and Tyrannicall Actions against Law and Right was utterly forsaken and rejected by all his Subjects and by the unanimous consent of all dejected deposed from his royall Dignity and his Brother Edgar Elected King in his place Deo dictante annuente populo by the dictate of God himself and the peoples consent AB OMNI POPVLO ELECTVS as our Historians write By these Presidents pretermitting others it is apparent that the ancient Saxons held their Kings Supremacy to be bounded within the rules of Law and Justice and that they esteemed their Kings to lose both the name and office of Kings when they ceased to Govern them according to Law and Justice or exalted themselves above their Lawes and Liberties which was not onely the ancient Divinity of those former times as appeares by Pope Eleutherius his forecited Letter to King Lucius but the received Law amongst the Saxons as
Antwerp 1640. In these Colledges and Seminaries of theirs they had then as they print 15591 Fellows of their society of Jesus besides the Novices Scholars and Lay-brethren of their Order amounting to neer ten times that number So infinitely did this evil Weed grow and spread it self within one hundred years after its first planting What the chief imployments of Ignatius and his numerous swarms of Disciples are in the World his own Society at the time of his Canonization for a Romish Saint sufficiently discovered in their painted Pageants then shewed to the people wherein they pourtraied this new Saint holding the whole world in his hand and fire streaming out forth of his heart rather to set the whole World on fire by Combustions Wars Treasons Powder-plots Schismes new State and old Church-Heresies then to enlighten it with this Motto VENI IGNEM MITTERE I came to send fire into the world which the University of Cracow in Poland objected amongst other Articles against them Anno 1622. Their number being so infinite and the Pope and Spaniard too having long since by Campanella's advice erected many Colledges in Rome Italy Spain the Netherlands and elsewhere for English Scotish Irish Jesuites as well as for such secular Priests Friers Nuns of purpose to promote their designs against the Protestant Princes Realms Churches Parliaments of England Scotland Ireland and to reduce them under their long prosecuted UNIVERSAL MONARCHY over them by Fraud Policy Treason intestine Divisions and Wars being unable to effect it by their own Power no doubt of late yeers many hundreds if not thousands of this Society have crept into England Scotland and Ireland lurking under several Disguises yea an whole Colledge of them sate weekly in counsel in or neer Westminster some few yeers since under Conne the Popes Nuntio of purpose to embroyle England and Scotland in bloody civil wars thereby to endanger shake subvert these Realms and destroy the late King as you may read at large in my Romes Master-piece published by the Commons special Order An. 1643. who occasioned excited fomented the first and second intended but happily prevented wars between England and Scotland and after that the unhappy Differences Wars between the King Parliament and our three Protestant Kingdoms to bring them to utter desolation and extirpate our reformed Religion The Kings Forces in which many of them were Souldiers after some yeers Wars being defeated thereupon their Father Ignatius being a SOULDIER and they his Military sons not a few of them secretly insinuated themselves as Souldiers into the Parliaments Army and Forces as they had formerly done into the Kings where they so cunningly acted their parts as extraordinary illuminated gifted brethren and grand States-men that they soon leavened many of the Officers Troopers and common Souldiers with their dangerous Jesuitical State-Politicks and Practises put them upon sundry strange designes to new-mould the old Monarchical Government Parliaments Church Ministers Laws of England erecting a New General Councel of Army-Officers and Agitators for that purpose acting more like a Parliament then Souldidiers And at last instigated the Army by open force against their Commissions Duties Oaths Protestations and Solemne League and Covenant to Impeach Imprison Seclude first eleven Commoners then some six or seven Lords after that to seclude seclude the Majority of the Commons House suppress the whole House of Lords destroy the King Parliament Government Priviledges Liberties of the Kingdom and Nation for whose defence they were first raised which by no other adverse power they could effect This produced new bloody divisions animosities wars in and between our three Protestant Realms and Nations and after with our Protestant Allies of the Netherlands with sundry heavy monthly Taxes Excises Oppressions Sales of the Churches Crownes and of many Nobles and Gentlemens Lands Estates to their undoing our whole Nations impoverishing and discontent an infinite profuse expence of Treasure of Protestant blood both by Land Sea decay of Trade with other sad effects in all our three Kingdoms yea sundry successive New changes of our publique Government made by the Army-Officers who are still ringing the changes according to Campanella's and Parsons Platforms So that if fire may be certainly discerned by the smoke or the tree commonly known by its fruit as the Truth it self resolves Mat●h 12. 33. we may truly cry out to all our Rulers as the Jews did once to the Rulers of Thessa●onica in another case Act. 17. 6. THOSE Jesuites WHO HAVE TURNED THE WORLD UPSIDE DOWN ARE COME HITHER ALSO and have turned our Kingdoms Kings Peers Monarchy Parliaments Government Laws Liberties yea and our Church and Religion too in a great measure UPSIDE DOWNE even by those very Persons who were purposely raised commissioned waged engaged by Protestations Covenants Vows Oathes Laws Allegiance and Duty to protect them from these Jesuitical Innovations and subversions Those who will take the pains to peruse all or any of these several printed Books most of them very well worth their reading written against the Jesuites and their Practises as well by Papists as Protestants as namely Fides Jesu Jesuitarum printed 1573. Doctrinae Jesuiticae praecipua capita Delph 1589. Aphorismi Doctrinae Jesuiticae 1608. Cambitonius De Studiis Jesuitarum abstrusioribus Anno 1609. Jacobus Thuanus Passages of the Jesuites Hist l. 69 79 83 94 95 96 108 110 114 116 119 121 124 126 129 131 132 134 136 137 138. Emanuel Meteranus his Passages of them Belgicae Hist l. 9 17 18 19 21 23 26 to 34. Willielmus Baudartius Continuation Meterani l. 37 38 39 40. Donatus Wesagus Fides Jesu Jesuitarum 1610. Characteres Jesuiticae in several Tomes Elias Husenmullerus Historia Jesuitici Ordinis Anno 1605. Speculum sive Theoria Doctrinae Jesuiticae necnon Praxis Jesuitaram 1608. Pasquier his Jesuite displayed Petrus de Wangen Physiognomia Jesuitica 1610. Christopherus Pelargus his Novus Jesuitismus Franciscus de Verone his Jesuitismus Sicarius 1611. Narratio de proditione Iesuitarum in Magnae Brit. Regem 1607. Consilium de Jesuitis Regno Poloniae ejiciendis The Acts of the States of Rhetia Anno 1561 and 1612. for banishing the Jesuites wholly out of their Territories NE STATUS POLITICUS TURBARETUR c. mentioned by Fortunatus Sprecherus Palladis Rheticae l. 6. p. 251 273. Melchior Valcius his Furiae Gretzero c. remissae 1611. Censura Jesuitarum Articuli Jesuitarum cum commonefactione illis opposita Anti-Jesuites au Roy par 1611. Variae Doctorum Theologorum Theses adversus quaedam Jesuitica Dogmata The Remonstrance of the Parliament of Paris to Henry the Great against the Re-establishment of the Jesuites And their Censure of Mariana his Book to be publickly burnt printed in French 1610. recited in the General History of France in Lewis 13. his life and Peter Matthew l. 6. par 3. Historia Franciae Variae Facultatis Theologiae Curiae Parisiensis quam aliorum opuscula decreta
COMMON LAW MUST BE WHOLLY ANNIHILATED ABOLISHED AND TRODEN DOWN UNDER FOOT and Caesars civil Imperials brought amongst us and sway for a time in their places All whatsoever England yields being but base barbarous and void of all sence knowledge or discretion shewed in the first Founders and Legifers and on the other side ALL WHATSOEVER IS OR SHALL BE BROUGHT IN BY THESE Out-casts of Moses stain of Solon and refuse of Lycurgus must be reputed for METAPHYSICAL SEMI-DIVINE AND OF MORE EXCELLENCY THEN THE OTHER WERE Which he thus seconds Quodlibet 9. Artic. 2. p. 286. First it is plain that Father Parsons and his Company divide it amongst them how they list HAVE LAID A PLOT as being most consonant and fitting for their other Designments THAT THE COMMON LAWS OF THE REALM OF ENGLAND MUST BE forsooth EITHER ABOLISHED UTTERLY or else BEAR NO GREATER SWAY IN THE REALM THEN THE CIVIL LAW DOTH And THE CHIEF REASON IS FOR THAT THE STATE OF THE CROWN AND KINGDOM BY THE COMMON LAWS IS SO STRONGLY SETLED AS WHILST THEY CONTINUE THE JESUITES SEE NOT HOW THEY CAN WORK THEIR WILLS And on the other side in the civil Laws they think they have some shreds whereby they may patch a cloke together to cover a bloody shew of their Treasons for the present from the eyes of the vulgar people Secondly the said good Father hath set down a course how every Man MAY SHAKE OFF ALL AUTHORITY AT THEIR PLEASURES as if he would become A NEW ANABAPTIST or KING JOHN OF LEYDON to draw all the World into Mutiny Rebellion and Combustion And the Stratagem is how the Common people may be inveigled and seduced TO CONCEIT TO THEMSELVES SUCH A LIBERTY OR PREROGATIVE AS THAT IT MAY BE LAWFUL FOR THEM WHEN THEY THINK MEET TO PLACE AND DISPLACE KINGS AND PRINCES as men do their Tenants at will hirelings or ordinary Servants Which ANABAPTISTICAL AND ABOMINABLE DOCTRINE proceeded from a turbulent Tribe of Trayterous Puritanes and other Hereticks this TREACHEROUS JESUITE WOULD NOW FOIST INTO THE CATHOLICK CHURCH as a ground of his corrupt Divinity And p. 330 332. He intends TO ALTER AND CHANGE ALL LAWS CUSTOMES AND ORDERS of this noble Isle He hath prejudiced the Law of Property in instituting Government Governours and Hereditary Princes to be AD BENE-PLACITUM POPULI and all other private possessions AD BENE-PLACITUM SUI c. Whether any such new deep Jesuitical Court of Parliament and high Court of Reformation for England to carry on this old Design of the Jesuites against our Laws hath been of late yeers sitting amongst us in or neer Westminster or elsewhere in secret Counsel every week as divers intelligent Protestants have informed me Hugh Peters reported to divers on his own knowledge being well acquainted with their Persons and Practises of late yeers it concerns others neerer to them and more able then I to examine Sure I am a Greater man by far then Hugh Peters in an Assembly of Divines and others for reconciling all dissenting parties not long since averred to them on his own knowledge That during our late innovations distractions subversions in Church State and overturning of Laws and Government the Common adversary hath taken many advantages to effect his designs thereby IN CIVIL AND SPIRITUAL RESPECTS That HE KNEW VERY WELL that EMISSARIES OF THE JESUITES NEVER CAME OVER IN THOSE SWARMES AS THEY HAVE DONE SINCE THESE THINGS WERE SET ON FOOT That DIVERS GENTLEMEN COULD BEAR WITNESS WITH HIM That they had a CONSISTORY AND COUNCIL ABROAD THAT RULES ALL THE AFFAIRS OF THE THINGS IN ENGLAND That they had fixed in England in the limits of most Cathedrals of which he was able to produce the PARTICULAR INSTRUMENT an Episcopal power with Archdeacons and other persons to pervert and deceive the people And all this whiles we were in this sad and deplorable distracted condition Yea most certain it is that many hundreds if not some thousands of them within these few yeers have been sent over from Forraign Seminaries into England under the disguises of converted Jews Physitians Chirurgions Mechanicks of all sorts Merchants Factors Travellers Souldiers and some of them particularly into the Army as appears by the late printed Examination of Ramsey the Anabaptized New-dipped Jesuite under the mask of a Jewish convert taken at New-Castle in June 1653. and by sundry several instances I could name To pretermit all instances of particular Jesuites within these few yeers yea months come over and discovered in England by persons of credit I shall for brevity acquaint you onely with one discovering what swarms are now amongst us under other disguises An English Protestant Nobleman a person of honour whose Ancestors were Papists being courteously entertained within these two yeers in the Jesuites chief Colledge at Rome by some eminent Jesuites was brought by them into a Gallery having Chambers round about it with Titles written over every door for several Kingdoms and Provinces and amongst the rest one for ENGLAND Upon which he enquiring of the Jesuites what these titles signified was answered by them That they were the Chambers of the Provincial Jesuites of each kingdom and Province written over the respective doors wherein they had any members and Emissaries of their society now residing who received all Letters of intelligence from their Agents in those places every week and gave account of them to the General of their Order That the Provincial for England lodged in the Chamber over which the title ENGLAND was written who could shew him the last news from England if he desired to see it Upon which they knocked at the door which was presently opened the Provincial being informed who and what he was read the last news from England to them Hereupon the Nobleman demanded of them Whether any of their society were now in England how they could stay there with safety or support themselves seeing most of the English Nobility Gentry and Families that were Papists were ruined in their states or sequestred by the late wars and troubles so as they could neither harbour conceal or maintain them as they had done heretofore They answered It was true but the greater the dangers and difficulties of those of their society now in England were the greater was their merit And that THEY HAD THEN ABOVE FIFTEEN HUNDRED OF THEIR SOCIETY IN ENGLAND ABLE TO WORK IN SEVERAL PROFESSIONS AND TRADES which they HAD THERE TAKEN UPON THEM THE BETTER TO SUPPORT AND SECURE THEMSELVES FROM BEING DISCOVERED This Relation I have heard from the mouth of a Reverend Divine more then once to whom this Noble Lord upon his return into England not many Months since seriously related the Premises averring the truth of them upon his Honour Yet for all this since the stupendious pretended repeals and annihilations of the Oaths and Allegiance and that of Abjuration of Popery consented to by the late King in the Isle of Wihgt purposely made for the better
and defending them from the Justice thereof and by admitting such to bear places of great trust in the Army and to stand in defiance of the Parliament and the Authority thereof and it is not a far greater crime to make the Parliaments Army it self a Delinquent against the Parliament and Kingdome the fanctuary of such Delinquents against both and to continue such Officers in places of greatest trust in the Army who have levied actual war against the Parliament secluded secured members of Parliament kept divers years under their armed guards in defiance of the Parliament refusing to release them even when the Serjeant was sent from the House it self to demand the Members seised By all which it is apparent how our Priviledges have been torn from us by piece-meals from time to time And we might mention many passages whereby they were endeavoured to be pulled up by the root and totally subverted As the attempt to bring up the late Army from the North to force Conditions upon the Parliament His Majesties Letters and Commands to the Members of both Houses which found obedience in a great many to attend him at York and so By depriving the Parliament of their Members destroy the whole body And was not the actuall twice bringing up of the Parliaments own Army by the Army Officers against the Parliament it self to impeach secure some principall members of both Houses seclude the Majority of the Commons House suppresse the whole house of Lords break off the Preaty behead the King the Head of the Parliament against the Parliaments Votes alter the government force conditions on the Parliament it self to omit the 12 21 24 32 37 38 39. Articles of their New government with the secluding of all the Members lately admitted by Armed Souldiers till they took a New Engagement and keeping out all others a taking of the Priviledges of the Parliament from them all by whole-sale and a more desperate pulling up by the Roots and totall subversion of all the Priviledges and whole body of the Parliament then this objected against the Northern Army or the Kings Jesuiticall ill Councel VVhich is enough to prove the vanity of the Contrivers of that Declaration and of the Army Officers too to feed themselves with hope of beliefe That the Priviledges of Parliament are not Violated but intended to be preserved with all due observance Concerning the Allegation That the Army raised by the Parliament is to murder the KING oft alledged by the King and his Party in many printed PROCLAMATIONS Declarations before and after this here mentioned VVe hoped the Contrivers of that Declaration or any that professed but the name of a Christian could not have so little charity as to raise such a SCANDALL especially when they must needs know the Protestation taken by every member of both Houses and Army Officers too whereby they promise in the presence of Almighty God TO DEFEND HIS MAJESTIES PERSON The Promise and Protestation made by the Members of both Houses upon the nomination of the Earl of Essex to be Generall and to live and die with him wherein is expressed THAT THIS ARMY WAS RAISED FOR DEFENCE OF THE KINGS PERSON Our oft earnest and most humble Addresse to his Majesty to leave that desperate and dangerous Army c. A request inconsistent with any purpose to offer the least violence to His Person which hath and ever shall be dear unto us And concerning the imputation laid to our Charge of Raising this Army to Alter the whole Frame of Government and Established Laws of the Land which the King and his party frequently objected in print we shall need give no other Answer but this That the Army Raised by the Parliament is to no other end but for the Preservation of his Majesties Person to Defend themselves the Laws of the Land and the true Protestant Religion After which they there and elswhere conclude And by this time we doubt not but every man doth plainly discern through the Mask and Visard of their Hypocrisie what their the Kings ill Counsels design is To Subject both King and Parliament and Kingdome to their needy Ambitious and Avaritious Spirits and to the violent Laws Martial law of Governing the People by guards and by the Souldiers But alas for greife how superlatively have many of the Army Officers and their confederate members though parties to these Declarations and Protestations violated them and both Houses Faiths Trusts intentions ends in raising the Army in every of these particulars How have they verified justified the Kings Declarations Jealousies concerning the Parliaments Army in every point here and elswhere disclaimed by both Houses How have they exceeded out acted the Kings Jesuiticall Counsellers and most desperate Popish army in violating subverting both the Parliaments Priviledges Members and Parliaments themselves together with our Fundamentall Laws Liberties Government for whose preservation they were onely raised paid How have they pursued the Kings and his worst Counsellors●ootsteps ●ootsteps in all the charges here objected against them by both Houses in relation to the Parliaments priviledges Members Constitution Rights Lawes to their utter Subversion dissolution and waged warre against them And doth not every man plainly discern through the Mask and Visard of their Hypocrisie to use both houses expressions that their designe is just the same with that here objected by the Parliament to the Kings ill Jesuited Counsellers and Popish army even to subject both King Parliament and Kingdome to their needy ambitious avaritious spirits and to the violent Laws marshall Law of Governing the people yea parliaments themselves by guards and by the Souldiers and By Conquest to establish an absolute and unlimited power over the Parliament and good subjects of this Kingdome as the Houses elsewhere thrice objected against the late King his Army and party being the very designe as many wisemen fear of the 27 Article of their new Government to settle a constant Annuall revenue for the maintenance of 20000 foot and 10000 Horse and Dragoones for the Defence and Security of England Scotland and Ireland O that they would now in the name and fear of God as they tender the eternal salvation of their souls the honour and priviledges of all future Parliaments the ease welfare settlement of our Nation Lay all this most seriously to their Hearts and make it a matter of their greatest lamentation and repentance Besides this have they not falsified that memorable late Declaration of the Lords and Commons assembled in Parliament Novemb. 2. 1642. in Answer to his Majesties well worthy perusall now and made good both for the time past and all succeeding Parliaments whiles there shal be any standing Army in England able to over power them all the odious scandalous positions in relation to the English Parliament its Members and priviledges deduced from the Kings Declaration onely by inference but disclaimed by the King summed up by them in the close
of that Remonstrance and published in these ensuing terms as will evidently appear if applied to the Army and their Generall Counsel of Officers by adding or exchanging their names onely for the Kings in a parenthesis 1. That the King the Army General and their Generall Councell of Officers when he pleaseth may declare the Major part of both Houses a faction of Malignant Schismatical and ambitious Persons so that all Parliaments that have been heretofore and SHALL BE HEREAFTER AND ALL LAWS MADE IN THEM may by this means be called in question at pleasure yea nulled and repealed for ever as some former parliaments have been when held and over-awed by armed power or unduly elected packed summoned without Lawfull Authority or some of the Members forcibly secluded as you may read at large in the Statutes of 21. R. 2 c. 11 12. 16 17 18. 1. H. 4. c. 3. 1 H. 4. Rot. Parl. n. 22 23 36 48 66 70 39 H. 6. c. 1. and 17 E. 4. c. 7. worthy the serious perusal of our present Grandees and all illegitimate Parliaments where they may read the fatall end of all new unparliamentary projects laws devices wherein many now so much glory as if they would continue firm for ever when as in a few years space they will all probably prove nullities be for ever reversed yea branded to posterity as most pernicious presidents 2. That his Majesty the Army and their Generall Councell may declare what is the known Law of the Land against the judgement of the Highest Court and consequently of all his Courts So that the safety and right of King and people and THE LAW IT SELF must deupon his Majesties the Armie Generall and their Councels pleasure 4. That as the King hath a property in his Town Forts and Kingdomes so he the Army and their Generall Councell may dispose of them as he pleaseth and the Representative body of the whole Kingdome may not intermedle in discharge of his Majesties the Armies Generalls Councels trust though by the advice of evill Councellers they see it diverted to the hazard of the publique peace and safety of the Kingdome 5. That his Majesty the Army General and their Councell or any other person may upon suggestions and pr●tences of Treason Felony or breach of peace or of their Trusts a fourth Army new minted cause Take the Members of Parliament without giving satisfaction to the House whereof they are Members of the grounds of such suggestion or accusation and without and against their consent as in the case of the late secured secluded Members and their two Juncto's since so they may Dismember a Parliament when they please and make it what they will when they will 6. That whosoever shall follow the King Army Generall and their Councell in the wars against the Parliament though it were to destroy Laws Liberty Religion the Parliament it self and the whole kingdome yet he shall be free from all crime or punishment And that on the other side to oppose by force any such force though in the most legall way and by authority of the representative body of the whole kingdome is to leavy war against the King Army Generall and TREASON with in the Letter of 25. E. 3. or of their new Knacks since So our Lands Liberties Lives Religion and Laws themselves Whereby all the Rights both of King and people are due to them and preserved for them shall be at the sole will and pleasure of the Prince Army General and General Councel of Officers in their new High Courts of Injustice or other martiall Judicatories O consider consider seriously by these particulars to what a sad low despicable condition all English parliaments are now for ever reduced by the late Army practises violences and rebellions insolencies against them never to be parallel'd in any age which hath really verified this clause in the Declaration of both Houses Aug. 4. 1642. objected against the King and his popish Army in relation to themselves That if the King by his army may force this Parliament as the parliaments army both forced and dissolved it they may bid farewell to all Parliaments for ever receiving good by them and if parliaments be lost they the people are lost their Laws are lost as well those lately made as in former times All which will be cut in sunder with the same sword now drawn for the Distruction of this Parliament Athanasius Bishop of Alexandria about the year of our Lord 340. objected this as a great crime barbarisme cruelty and violation of the priviledges of Councels to the Arrian Emperour Constantine That whensoever he called a Councel or Assembly of Bishops it was but for a shew For he would not permit them to be guided by the ecclesiasticall Canont but his will alone must be their onely Canon And when they advised him not to subvert the ecclesiasticall order nor bring the Arrian Heresie into the Church of God he would neither hear nor permit them to speak freely but grievously bending his brows for they had spoken crosse to his designes and shaking his sword at them commanded them to be taken away Whereupon he thus infers What Liberty for perswasion or place for advice is there left when he that contradicteth shal for his labour lose either his life or his Country VVhy hath the Emperour gathered so great a number of Bishops partly terrified with threats partly inticed with promises to condescend that they will not communicate with Athanasius And Hilary Bishop of Poictou An. 360. in his first Book against this Tyrannical Arrian Emperours Constantius thus censures his violent proceedings of this kinde to the subversion of the freedom and priviledge of Councils and their members Thou gatherest COVNCILS and when they be shut up together in one City thou TERRIFIEST THEM WITH THREATS as the Army Officers did the secluded members 6 and 7 Decemb. 1648 when they shut them up all night in Hell on the bare boards without beds in the cold and kept them fasting all the next day at Whit-Hall till 7 a clock at night thou pinest them with hunger thou lamest them with cold thou depravest them with Dissembling O thou wicked one what a mockery dost thou make of the Church and Councels Onely Dogs return to their vomit and thou compellest the priests of Christ to sup up those things which they have disgorged and commandest them in their confessions to allow that WHICH BEFORE THEY CONDEMNED what Bishops hand hast thou left innocent What tongue hast thou not forced to falshood Whose heart hast thou not brought to the condemning of his former opinion Thou hast subjected all to thy will yea to thy violence And have not some swaying Army Officers by their frowns menaces frauds open force upon the Parliament and its members beyond all the presidents in any ages done the like and exceeded this Arrian Tyrant And is it not then high time for all friends to Parliaments to protest and provide
against such detestable treasonable violences for the future destructive to all Parliaments if permitted or silently pretermitted without question censure righting of the imprisoned members or any provision to redresse it for the future Our prudent Ancestors were so carefull to prevent all violence force arms and armed men in or near any places where Parliaments were held to terrifie over Qaw or disturb their proceedings or members That in the Parliament of 7 E. 1. as you may read in Rastals Abridgement Armour 1. Provision was made by the King by common consent of the Prelates Earls and Barons by a geciall act That in all Parliaments Treaties and other Assemblies which should be made in the Realm of England FOR EVER every man shall come without Force and withour Armour well and Peaceably to the honour of the King and of the peace of him and of his Realm and they together with the Commonalty of the Realm upon solemne advise declared That it belonged to the King and his part it is by his Royal Signiory strictly to defend wearing of Armour and all other Force against his peace at all time when it shall please him especially at such times and in places where such Parliaments Treaties and Assemblies are held and to punish them which shall do contrary according to the Laws and usage of the Realm And hereunto they are bound to old the King as their Soveraign Lord at all seasons when need shall be Hereupon our Kings ever since this statute by virtue thereof and by the Law and Custome of the PARLIAMENT as Sr. Edward Cook in his 4 Institutes c. 1. p. 14. informs us did at the beginning of every Parliament make a speciall Proclamation prohibiting the bearing of arms or weapons in or neere the places where the Parliament sat under pain of forfeiting all they had Of which there are sundry presidents cited by St. Edward Cook in his Margin whereof I shall transcribe but one which he omits and that is 6. E. 3. Rot. Parliament n. 2. 3. Because that before these dayes at the Parliaments and Councels of our Lord the King Debates Riots and commotions have risen been moved for that people have come to the places where Parliaments have been summoned and Assembled Armed with privy cotes of plate spears swords long knives or daggers and other sort of arms by which the businesses of our Lord the King and his Realm have been impeached and the great men which have come thither by his Command have been affrighted Our Lord the King willing to provide remedy against such mischiefs defendeth that no man of what estate or condition soever he be upon pain of Forfeiting all that he may forfeit to the King shall be seen armed with a Coat of Male nor yet of plate nor with an Halberd nor with a speare nor sword nor long knife nor any other suspicious arms within the City of LONDON nor within the Suburbs thereof nor any place neer the said City nor yet within the Palace of WESTMINSTER or any place neere the said Palace by Land or Water under the foresaid pain except onely such of the kings men as he shall depute or by his command shall be deputed to keep the peace within the said places and also except the Kings servants according to the Sta●ute of Northampton And it is not the intention of our Lord the King that any Earle or Baron may not have his Lance brought to him in any place but onely in the Kings Presence and in the place of Councell The like Proclamations were made in the beginning of the Parliaments of 9. 13 17 18 20 25. Ed 3. and sundry others more necessary to be revived in all succeeding English Parliaments now then ever heretofore since the unpresidented forces upon the late Members of both Houses and the Parliament it self by the Army-Officers and souldiers raised to defend them from violence The Treasonablenesse and Transcendency whereof being at large related in my Epistle to the Reader before my Speech in Parliament 4 December 1648. I shall not here criminally presse or insist on but referre them thereunto However for the future security and freedome of our Parliaments from violence I must crave liberty to imform these Army Parliament-drivers forcers dissolves habituated to this trade That if the late Kings march to the House of Commons accompanied onely with some of his Pensioners and others armed with Pistols and Swords meerly to demand but five Members thereof to be delivered up to Justice particularly impeached by him of High-Treason some dayes before to wit That they had traterously endeavoured to Subvert the Fundamentall Laws and Government of this Kingdome To deprive the King of his Royall power To place over the subjects an Arbitrary and Tyrannicall power To Subvert the very Rights and being of Parliaments and by force and terrour to compell the Parliament to joyn with them in their designs for which end they had actually raised and countenanced Tumults against the King and Parliament Or if the Kings bare tampering with some Officers of his own Northern Army to draw a Petition from them to the Houses or march towards London from their quarters not to seise upon force or dissolve the Parliament or its Members but only to overaw them and impeach the freedome of their debates Votes touching Episcopacy Church-Government and the Kings Revenews were such high transcendent violations of the Priviledges and Freedome of Parliament and unsufferable injuries as both Houses of Parliament seperatly and joyntly proclaimed them to all the world in severall Declarations during his life Or such capitall crimes as those who condemned and executed him for a Traytor and Tyrant have published in the Declaration of 17. March 1648. touching the grounds of their proceedings against him and setling the Government in the way of a Free State without King or House of Lords since his beheading in these very words But above all the English Army was laboured by the King to be engaged against the English Parliament a thing of that strange impiety and unnaturalnesse for the King of England that nothing can answer it but his being a Forraigner neither could it have easily purchased belief but by his succeeding visible actions in full pursuance of the same as the Kings comming in Person to the House of Commons to seise the five Members whether he was followed with some hundreds of unworthy debauched persons armed with swords and pistols and other arms and they attending him at the door of the House ready to execute what the Leader should command them This they charged against the King as the highest of his unparralleld Offences for which they appeal to all the world of indifferent men to judge whether they had not sufficient cause to bring him to Justice Though neither he nor his followers then seised secured secluded injured any one Member when they thus went to the Commons House Yea presently retracted and offered all satisfaction that should
Matthew Parker Archbishop of Canterbury thus comments on this Epistle That in condendis legibus in making Laws the King needed not the Popes authority or assistance having the books of the old and new Testament out of which adhibito procerum consilio by the Counsell of his Nobles he might take holy Laws without any error being sufficiently supported with his own not a forain authority he being Gods Vicar in his own Realm and representing his power to his people After which this King by advice and consent of his Princes and Nobles built and endowed many Churches with Glebes and Lands abundantly confirming them with Charters and Muniments and likewise ordained that Churches and Churchyards should be so free that no Malefactor or other persons flying to them should be arrested or suffer any violence in them King Lucius dying without heir Anno Dom. 201 thereupon discord arose amongst the Britons which gave great advantage to the Romans who thought at first they suffered the British Kings to reign under them making them the instruments of their own and their peoples slavery by their compliance with the Romans yet at last perceiving that divers of th●se British Kings to regain their own and their peoples Liberties did oft times rebell and raise up warres and seditions against them Thereupon after King Lucius his death to keep the Island in greater quietnesse and subjection under them they made a decree That none of the British bloud or race should from thence forth be invested with royall dignity in the Isle as the principall means to keep them in perpetuall slavery and insteed of one King they placed over the Britons in every Province First a Lieutenant with severall Garrisons of horse and fo●t who disarmed all the Natives they suspected sucked the peoples bloud and vexed them with Souldiers and Contributions Next a Procurator and Publicans who like greedy●Cormorants and horse-leeches confiscated their goods preyed upon their estates and vexed them with perpetuall exactions extortions and reproachfull abuses Also a Pretor and Proconsul with absolute power and commission to govern them after the Roman Laws not permitting them to use the ancient Laws of their Country and to minister Justice in all capitall matters with great pompe and severity So that the Roman Lawes were now only in use and force amongst the Britons which a learned Poet thus expresseth Cernitis ignotos Latia sub lege Britannos And withall they endevoured constantly to nourish discord and division amongst the Britons themselves and by these wily Policies kept them in subjection under them who yet upon all occasions and advantages endevoured to shake off the Roman yoak and restore their native Liberties Laws Government with the hazard of their lives as our Historians largely relate About the year of Christ 286. Carausius a Briton having gotten a Commission from Rome to defend the Sea coasts of Britain from the incursions of barbarous Nations raysing great forces under that pretext promised the Brit●ns That if they would chuse him for their King he would expell the Romans and free the whole Island from the Barbarians Whereupon they all consented and made him King upon which he denied to pay the Romans their accustomed Tribute The Senate being informed hereof sent Alectus into Britain to reduce it who joyning battail with Carausius slew him and made a great slaughter of the Britons because they revolted from the Roman republick and subjected themselves to Carausius who preferred their liberties before their lives Alectus taking upon him the royall Diadem was soon after slain with most of his Roman Souldiers by Asclipiodorus Duke of Cornwall and the Britons fighting to regain their Liberties who crowned Ascl●piodorus King by common consent He ruled them for X. years with right justice restraining the cruelty of Plunderers and swords of Robbers and freed them from the Roman tribute Coel Duke of Colchester slaying him and making himself King the Romans having lost their tribute for above ten years space sent Constantius into Britain to reduce it under obedience who no sooner landed but Coel hearing of his great fame and victories in other parts sent Ambassadors to him craving peace and promising subjection which he accepted of exacting nothing but the usual tribute Coel deceasing shortly after leaving one only daughter Helena to inherit the Kingdom Constantius maried and begot upon her that famous Constantine the Great This Emperor Constantius Chlorus coming into Britain to govern it about the year of Christ 302. finding the ill effects of others tyranny and rapine shewed himself very loving gentle affable and kind to the people little regarding his private profit but altogether reigning to enrich his subjects and to that end would often say I would our late and present Tax-imposing Governours would remember it That it was more behoovefull for the publick that the wealth of the Land should be dispersed into the Commons hands then to lie locked up in Princes coffers or in such a Common Treasury as our new Projectors have provided for it by the 28 29. Articles of their Ill-sounding instrument after which they would have us henceforth dance The Emperor Constantine the Great his Son borne and crowned both King and Emperor in Britain amongst other good Laws made these two memorable ones for the relief of poor Christians injuriously banished and deprived of their Lands and Goods by Diocletian Maximinian Licinius and other persecuting Pagan Roman Emperors about the year 313. wherein he restored the banished Christians to their native Countries Lands and former dignities as the Marginall Authors witnesse Which Lawes are recorded in Eusebius de vita Constantini l. 2. c. 30 31. The first of them is intituled A Law for fre●ing or relieving banished men to this effect Therefore all those who being brought under the cruell sentences of Iudges at what time soever it befell them have been compelled to change their Country by exile because they neglected not what made for the honour of God and Religion to whom they had consecrated themselvos with the whole powers of their souls All these I say being restored both to their hereditary Possessions and their accustomed tranquillity may give thanks to God the setter free of all men And those who having been deprived of their Goods oppressed with the losse of their Estates have hitherto lived a most contemptible life these being likewise restored to their former houses families and goods may chearfully prayse the beneficencie of God who is best and mightiest The second inscribed A Law reducing those who were banished into Islands in these words Moreover we command that those who are now detained in Islands against their wils shall enjoy the benefit of this our provision and care to wit that whereas hitherto they have been shut up on every side in the narrow cliffs of mountains and invironed with the raging waves of the Sea being now freed from that bitter
is evident by the Lawes of King Edward the Confessor Lex 15. hereafter cited The Law was the sole Umpire between these Kings and their people which Law as no Great man nor any other in the whole Kingdome might violate or abolish as Ive the great Saxon King confesseth in his Lawes So the Kings themselves were to submit thereto in all things as well as their Subjects Whence Aethelstan the Saxon King in his Prologue to his Lawes made at the Great Councill of Grat●ley Anno Dom. 928. by the advice of the Arch Bishops Bishops Nobles and Wise men of the Realm used this memorable expression as the Law of that age between King and people Ea mihi vos tantum modo comparatis velim QVAE JVSTE AC LIGITIME PARARE POSSITIS Neque enim mihi ad vitae usum QVICQVAM INJVSTE ACQVIRI CVPIVERIM Etenim cum ea ego vobis LEGE VESTRA omnia benigne largitus sum ut MEA MIHI VOS ITIDEM CONCEDATIS prospicitote sedulo ne quis vestrum neve ●●rum aliquis qui vobis paruerit offensi●n●m aut divinam aut nostram concit●tis Indeed some of the Saxons being too much addicted to Faction Treason Sedition and Rebellion against their Kings abused their just Liberties and Priviledges to the unjust murther and dest●●ction of their Kings especially those of the Kingdome of Northumberland to prevent which excess●s in the famous Council of Calchuth Anno 787. held 〈…〉 of Northumberland his Bishops and Nobles and Of● King of Mercians and his Bishops and N●lles there 〈…〉 memorable Lawes and 〈◊〉 both for the Security Immunity of King and people which they with all their Subjects assented to and with all devotion of mind to the uttermost possibility of their power vowed through Gods assistance to observe in every point Cap. XI Of the Duty and Office of Kings Vndecimus Sermo fuit ad Reges Principes ut Regimen suum cum magna cautela disciplina peragant cum Justitia judicent ut scriptum est Apprehendite disciplinam ne quando irascatur Dominus pereatis c. Habentque Reges Consiliarios prudentes Dominum timentes moribus hon●stos ut populos bonis exemplis Regum Principum eruditus confirmatus proficient in laudem gloriam omnipotentis Dei Cap. XII De Ordinatione Honore Regum who were then generally Hereditary not Elective We decree that in the Ordination of Kings none may permit the assent of evill men to prevail but KINGS SHALL BE LAWFULLY ELECTED BY THE PRIESTS and ELDERS OF THE PEOPLE and those not begotten of Adultery or Incest for as in our times by the Lawes a Bastard cannot be admitted to the Priesthood so neither can he be able to be the Lords annointed and he who shall be born out of lawfull Wedlock shall not be King of the whole Realm and Heire of his Country the Prophet saying Know yee that the Lord ruleth in the Kingdom of men and the Kingdome is his and he will give it to whomsoever he will Therefore we admonish all in generall that they would with a unanimous voice and heart intreat the Lord that he who electeth him to the Kingdome would himself give unto him the regiment of his holy discipline to govern his people Likewise honour is to be rendred to them by all men the Apostle saying Honour the King and in another place Whether it be to the King as Supream or to Governours as to those who are sent by him for the punishment of Malefactors but to the praise of them that doe well Likewise the Apostle Let every Soul be subject to the higher Powers for there is no power given but of God And the powers that are are ordained of God Therefore who ever resisteth the power resisteth the Ordinance of God and those who resist acquire damnation to themselves Let no man detract from the King for Solomon saith Thou shalt not detract from the King in thy mouth neither shalt thou curse the Prince in thy heart because the birds of the air shall carry the voyce and that which hath wings shall tell the word LET NO MAN DARE TO COMMUNICATE IN or conspire THE KINGS DEATH BECAUSE HE IS THE LORDS ANOINTED and if any shall have adhered to such a Wickednesse or Treason if he be a Bishop or any of the Priestly Order let him be thrust out of it and cast out of the holy inheritance as Judas was ejected from his Apostolicall degree and every one whosoever he be who shall assent to such a Sacriledge shall perish in the eternall bond of an Anathema and being associated to JVDAS THE TRAITOR shall be burnt in sempiternal burnings as it is written Not onely those who doe such things but those also who consent to such who doe them shall not escape the Judgement of God For the two Eunuches consenting to slay Ahasuerus were hanged on a Gallowes Consider what David said to the Captaines when the Lord had said unto him I will deliver Saul into thy hands when he found him sleeping and was exhorted by the Souldiers to slay him Let this sin be farre from me that I should stretch forth my hand against the Lords anointed Yea he cut off the head of that Souldier who after his death came unto him protesting that he had slain Saul and it was reputed unto him for righteousnesse and to his seed after him And it is often proved among you by examples that WHOEVER HAVE HAD A HAND IN THE MURDER OF THEIR KINGS HAVE ENDED THEIR LIFE IN A SHORT SPACE utroque Jure caruerunt it should be corruerunt and have perished by both Lawes civill and sacred Cap. 13. De Judiciis Justis ferendis Let Great and Rich men execute just Judgements neither let them accept the Person of the Rich nor contemn the Poor nor swerve from the rectitude of Judgement or Law nor receive gifts against the innocent but judge in righteousnesse and truth the Prophet saying Judge justly yee sons of men Also elsewhere Thou shalt not doe that which is unjust nor judge unjustly thou shalt not stand against the bloud of thy neighbour Likewise Isaiah Seek Judgement releive the Oppressed judge the Fatherlesse defend the Widow then come and let us reason together saith the Lord. Also elsewhere Vndoe every bond of iniquity undoe the heavy burdens let those who are oppressed goe free and break every yoak Then shall thy light break forth as the morning and thy health shall spring forth speedily The Lord saith in the Gospel For with whatsoever judgement yee judge you shall be judged and whatsoever measure you meet it shall be measured to you again Neither shall you take BY FORCE FROM ANY ONE THAT WHICH IS HIS OWN as it is said Thou shalt not covet the thing which is thy Neighbours Thou shalt not covet thy Neighbours wife nor his house nor his oxe
extant certain whereas the other is but conjecturall yet made by common grant and assent of the King and his Barons and People if there were any such After this Councill of Calchuth I find very many Lawes confirming continuing establishing in all successions of ages till this day this charge and payment of Tythes all made by Common Consent in Generall Councils or Parliaments both before and since the Conquest which because they are all extant in John Bromptons Chronicle printed at London 1652. Mr. Lambards Archaion Sir Henry Spelmans Councils Rastals Abridgement of Statutes and accurately collected in a Chronological order by Mr. Selden in his History of Tythes ch 8. where all may peruse them I shall wholly pretermit them here and referre the Reader to these Authors All which Lawes are clear Evidences of the first Propositions verity The third General ancient Saxon Tax and Charge occurring in our Histories imposed on the People was that of Rome-scot or Peter Pence to wit one penny out of every House each year paid on the Feast of St. Peter ad vincula for and towards the maintenance of the English School and Schollars at R●me from the payment whereof all the Lands belonging to the Abby of St. Al●anes were exempted by King Offa by whom this Tax or Almes was first granted for the maintenance of the English Schollars at Rome and that by the UNANIMOUS antecedent and subsequent CONSENT of Arch-Bishop Humbert and his Suffragans ET PRIMATIBVIS SVS VNIVERSIS and of all his Nobles or chief Men assembled in a PROVINCIAL COUNCIL at Verolam in the year of our Lord 793. This School as Malmesbury De Gestis Regum Angliae l. 2 c. 1. and Balaeus Cent. 1. c. 15. record was first founded by King Offa before his going to Rome which Sir Henry Spelman proves out of Brompton and others But it appeares by Mathew Westminster that this School was there first built and endowed with Peter-pence by King Ive 66. yeares before King Off●aes grant and endowment For he writes that King Ive going to Rome Anno 727. built a House in that City by the consent and will of Pope Gregory which he caused to be called the School of the English To which the Kings of England and the royall Stock with the Bishops Elders and Clergy-men might come to be instructed in the Catholick doctrine and faith and so being stedfastly confirmed in the faith might return home again For the Doctrine and Schooles of the English from the time of St. Augustine were interdicted by the Roman Bishops by reason of the daily Herisies which had sprung up by the coming of the English into Britain whiles the Pagans intermixed with the Christians corrupted both the grace of holy conversation and the Christian Faith He likewise built a Church dedicated to the Honour of the Virgin Mary near to this School where the English coming to Rome might celebrate divine Mysteries and be likewise buried if they died there Then he addes ET HAEC OMNIA VT PERPETVAE FIRMITATIS ROBVR OBTINERENT STATVTVM EST GENERALI DECRETO made in General Council of the Realm PER TOTVM REGNVM OCCIDENTALIVM SAXONUM in quo praedictus Ina regnabat ut singulis annis de singulis familiis denarius unus qui anglice ROME-SCOT appellatur beato Petro Ecclesiae Romanae mitteretur VT ANGLI IBIDEM COMMORANTES VITALE SVBSIDIVM INDE HABERENT Which grant Offa King of Mercians first inlarged and granted in his Kingdome distinct from that of Ive 66. yeares after this as aforesaid This Annuall Contribution towards this Schooles maintenance was afterwards confirmed and the due payment thereof prescribed under penalties by the successive Lawes of King Edgar King Ethelred Canutus Edward the Confessor and William the Conquerour made in successive GREAT COUNCILS held in their times BY AND WITH THE ADVICE AND ASSENT OF THEIR ARCH-BISHOPS BISHOPS WISEMEN NOBLES AND SENATORS in the years of our Lord 967 1009 1012 1032 1060. or thereabouts and 1070. By vertue of which Lawes this Tax was duly paid every year in all succeeding ages till it was finally abolished and taken away by name by the Statute of 25. H. 8. c. 21. being perverted from its primitive intended use and made a constant Revenue by and for the Popes themselves against the Donors mindes and their Successors who so long continued it for the foresaid uses of the English schoolings These three most ancient Taxes and Charges originally granted imposed and afterwards continued onely by Common grant and Consent of the King Nobles People in Generall Councils and Parliaments are a most pregnant proof of the first Proposition and of the Peoples most ancient Originall Fundamentall Right of Property in their Goods and Estates exempt from all Impositions and Tallages whatsoever but onely by their free Grants and Consents in Parliament For if our ancientest Christian Saxon Kings and greatest Monarchs could not by their Prerogatives or absolute Power alone but onely with and by the free and common consent and grant of their Nobles Wise-men Prelates and People in the Great Parliamentary Councils of their Realmes impose the Payment of First Fruits and Tithes upon their Subjects though due by the very Law of God towards the Maintenance of Gods Worship and Ministers for the publick good instruction salvation of all their Soules nor yet the Payment of Peter-pence for the Maintenance of Learning and Schollars to supply the Ministry and furnish the Realm with able learned Men for the common benefit both of Church and State being things of greatest Concernment for the Peoples Kingdomes Happinesse Government and Prosperity much lesse then could they lay on them any other Tax Tribute Aid or Assessement whatsoever of lesse necessity and concernment for any inferior uses or for Defence of the Realm by Land or Sea against Enemies or Rovers by their own absolute Authority but onely by and with their voluntary Grants and Consents in Generall Parliamentary Councils of the Realm as every rationall man must acknowledge The fourth Publick Tax or Imposition on the people in point of time is that of Danegeld the first Civill Tax we everread of whereof there was two sorts The first paid to the Danes themselves by way of Composition as to a prevailing Conquering Enemies to prevent their Plunders Rapines Incursions The second paid for the maintenance of valient Souldiers and Mariners to defend the Sea Coasts and Seas against the Invasions Piracies of the Danes and other Enemies The first Payment I find of any monies to the Danes by way of Composition was in the year of our Lord 871. When Bernredus King of Mercians compounding friendly with them Pecuniis Inducias impetravit obtained a Truce with them for money as Mathew Westminster records After this Anno 873. Merciarum Gentes dato munere appeased those Pagans with a Gift What the sum of Money or Gift was is not expressed nor how it was raised nor yet
and Priests in high contempt publishing many slanderous seditious trayterous and infamous speeches libels and books against them to render them odious and contemptible to the people full of Plots exasserations against the Church and Commonwealth like rebellious Traytors to bring all into an uproar that they may have all Countries Kingdomes Governments Successions States inhabitants and all at their pleasure 4. That the Jesuites have taught the people ●n ●rder to get England under their power in order to God or Religion as they stile it That Subjects are bound no longer to obey wicked or heretical Painces and Kings destecting from the Catholick Religion and drawing others with them but till they be able by force of arms to resist and depose them That the popular multitude may upon these grounds when they think meet place or displace their Princes and chief Officers at their Princes and chief Officers at their pleasure as men may do their tenants at will hirelings or ordinary servants putting no difference in their choice UPON ANY RIGHT OR TITLE TO CROWNS OR KINGDOMS BY BIRTH OR BLOOD OR OTHERWISE then as these Fathers forsooth shall approve it By this all things must be wrought and framed conformable to opportunities of times and occasions as for example The people must have a right and interest in them to do what they list in choice of their Kings and Supream Governours till they have set such a person or Usurper in the Crown as they for their ends have designed and then the times and occasions changing when such a one is setled in the Throne the former doctrine and practises must be holden FOR A MISTAKING yet such as seeing it cannot be holpen the people must beware hereafter of attempting the like again By this a check must be given to the publishers of such paradoxes when they have accomplished their designed ends after that a dispensation procured for the offenders and then all shall be well ever after till a new opportunity for their further advantage 5. That the Jesuites by absurd equivocations counterfeited perjuries Sacriledges and cousenage become all things to all men that they may gain all as to be Seminary Priests among Seminaries Secular Priests among Seculars Religious men among Religious Seditious men among Seditious Factious Spainiards amongst Spaniards ENGLISH TRAYTORS AMONG TRAYTORS SCOTISH VILLAINS AMONG SCOTS c. and amongst all these to deny and affirm to object and answer to swear and forswear whatsoever may be a gain to them for their pragmatical Commonwealth and Society No wonder then if they transform themselves into all shapes and take upon them all prefessions now 6. That the Jesuites by their devices and practises have brought all to Machiavels rule DIVIDE ET IMPERA in sowing division breeding of jealousies and making of hostile strife by opposition of King against King State against State Priest against Priest Peer against Peer Parents against children children against parents sisters against brothers servants against masters wives against husbands husbands against wives and one friend against another raising up rebellions MVRDRING OF PRINCES making uproars every where until they make those they cannot otherwise winne unto them either yeeld to be their vassals to live quiet by them or force them to flight or drive them out of their wits or otherwise plague them to death 7. That the Jesuits by their cursed positions and machiavillian practises have made religion it self a meer political and atheal device a pragmatical science of Figboys and but an art of such as live by their wits and the principles of Machiavel taught by their Robbies yea a very ●o●ch potch of omnium gatherum religious secular clergical laical ecclesiastical spiritual temporal M. ARTIAL civil Aecomenical political liberal mechannical municipal irregular and ALL W●THOVT ORDER so that they are not worthy to be called religious ecclesiasticks catholicks nor temporal mechannical christians but rather Machiavillians Athiests Apostates their course of life shewing what their study is and that howsoever they boast of their perfections holiness meditations and exercises as if they were all Superlatives all M●●●physicians all entia transcendentia yet their platform is heathenish tyrannical ●athannical able to set Aretine Luc●an Machiavel yea and Don Lucifer in a sort to school Those I say who shal sadly ponder all these premises and compare them with the late practises policies and proceedings of some swaying politicians of our age and the constitution of our Church State Religion and publi●e affairs must necessarily acknowledge that these pragmatical Iesuits have been very active prevalent-powerful suc●esful and not onely militant but triumphant of late yeares amongst us under some disguise or other that they have dangerously poysoned us with these their Machiavilian and Atheal pollcies practises positions and have more real Disciples Factors if not Tutors now amongst us then in any former ages And is it not high time then to endeavour to detect their persons and prevent their dangerous designs upon us with greatest care and diligence Truly though most others be negligent and careless herein yet that text of Ezek. 2 6 7. And thou son of man be not afraid of them neither be afraid of their words though bryars and thorns be with thee and thou dost dwel among scorpions be not afraid of their words nor be dismayed at their looks though they be a rebellious house And thou shalt speak my words unto them whether they wil hear or whether they wil forbear for they are most REBELLIOVS hath animated me to exonerate my conscience herein and to say with the prophet Isai 62. 1. For Zions Englands sake I will not hold my peace and for Ierusalems sake I will not rest until the righteousness thereof go forth as brightness and the salvation thereof as a lamp that burneth Wherefore Upon letious consideration of all these Premises and of all those Sacred Solemn Oathes that Protestation Vow league and Nationall Covenant which I have formerly taken lying still as so many indissoluble Obligations on my Soul notwithstanding the ingrate malicious unchristian Requitalls of all my former unmercinary services Sufferings for Religion Laws Liberties and the publique in times of greatest Danger recompences only with long causeless close imprisonments injuries affronts losses of all kindes by pretended friends and Patrons of our Liberties as well as by professed causeless Enemies And notwithstanding all other Discouragements from the generall baseness cowardize Sottishness slavishness degenerated Spirits of the whole Nation and their strange fearfulness even publiquely to own much less cordially to assist defend according to the sixth Article of the Covenant those few couragious Patrons who have hazarded their Lives Liberties Limbs Estates and all earthly comforts for the publique defence of Religion the Laws Liberties Priviledges of our Kingdome Chruch Parliament against the old and late avowed subverters of them whose very Company visits the generality of their former friends and acquaintance have declined as
if they had some plague sores on them not only during their late restraints but likewise since their enlargments out of them enough to perswade them never to write speake act or suffer any thing more for such ingrate unworthy Creatures but rather to put their helping hands to make them and their posterities slaves for ever I have yet once more out of pure zeal love conscience towards my native Country adventured my life liberty and decayed estate considering the lawlessnesse and Danger of the times not the justice and goodness of the Common Cause I plead for the necessary defence of the Fundamentall Liberties Franchises Lawes Rights Parliaments priviledges and Government of our e●slaved Nation though every way unworthy to be beloved by God or men of noble spirits in this Seasonable Legall Historicall vindication and Collection wherein I have with all boldness faithfulness without the least fear or flatterie of any Mortals or created powers whatsoever argued evinced maintained my own particular with the whole Nations publique right and inheritance in them and endeavoured as much as in me lyes to preserve them from the severall Jesuitical plots our religion counsels specified in the whole Commons House Remenstrance of 13. December 1641 exact Collection pa 3. to 14. of late years revived and more vigorously pursued than ever and to rescue them out of the Claws of Tyrany and all usurping arbitrary powers which have avowedly encroached on yea trampled them under feet of late more than ever the worst of all our Monarchs or beheaded King did though declaimed against as the greatest of Tyrants by some who have transcended him in his worst Regall Exorbitances and particularly in this which the Lords and Commons in parliament in their Declaration of Aug. 4 1642. thus grievously complained of and objected against the Kings ill Counsellers That the LAWS were no protection or defence of any mans right all was subject to will and power which imposed WHAT PAYMENTS THEY THOVGHT FIT to drain the subjects purses and supply THOSE NECESSITIES which their ill counsell had brought upon the King and gratify such as were instrumentall in promooting most ILLEGAL and OPPRESSIVE COVRSES Those who yeilded and complied were countenanced and advanced all others disgraced and kept under that so their mindes made poor base as they were never so poor and base as now and THEIR LIBERTIES lost and gone as they were never so much as now they might be ready to LET GO THEIR RELIGION whensoever it should be resolved to alter it which was and still is the GREAT DESIGN and all the rest made use of as instrumentall and subservient to it Vpon which consideration they thus concluded that Declaration Therefore we the Lords and Commons are resolved to expose our lives and fortunes for the defence and maintenance of the true religion the king person honor and estate the power and priviledg of Parliament the just rights and liberty of the subject And we do hereby require all those who have any sence of piety honor or compassion To HELP A DISTRESSED STATE especially SVCH WHO HAVE TAKEN THE PROTESTATION and are bound in the same duty with us unto their God their King and Country to come in to their aid and assistance That which hath not a little encouraged me hereunto is not only this their publike call but likewise this memorable passage vow protestation of the Lords and Commons assembled in parliament in their printed Declaration in answer to his Majesties of October 23. 1642. Which I fear most of them since in power have quite forgotten and therefore I beseech them now seriously to remember it Though we know very well there are too many of the Gentry of this Kingdome who to satisfy the LVSTS OF THEIR OWN AMBITION are content like Esau TO SELL THEIR BIRTH-RIGHT CARE NOT TO SVBMIT THEMSELVES TO ANY ARBYTRARY AND VNLIMITED GOVERNMENT so they may FOR THEIR OWN TIME PARTAKE OF THAT POWER to trample and insult over others and have not are not some of these declarers and censurers such themselves yet we are assured that there are of the Gentry many worthy and true hearted patriots but where are those many now who are ready to lay down their lives and fortunes and of late have given ample testimony thereof for maintenance of their Lawes Liberties and Religion and with them and others of their resolution we shall be ready to live and die But how many of these declarers have made good this publike engagement yea have not some of them been and still are more ready to secure seclude disoffice imprison kill slay any such true hearted patrons as I have felt by sad experience then to live and die with them And we must own it as our duty to use our best endeavors that the meanest of the Commonalty may enjoy their owne Birthrights Freedome and Liberty of the Laws of the Land being equally entituled thereto with the greatest Subject I trust therefore the Greatest Grandees in late or present power neither will nor can be offended with me and that all the Nobility Gentry Commons and true hearted Patrons in the Nation who bear any love to the Laws Liberties Freedom of the people for which their Ancestors and they have so long so stoutly contended heretofore and lately with our Kings will live and die with mee in this their Vindication and Defence against any of their fellow-Subjects who shall endeavor to subvert or deprive them of the full and free enjoyment of all or any of them according to this engagement and Declaration Wherein there are these further observable passages relating to the Parliaments priviledges and its Members which I desire our Army-Grandees who impeached secured secluded my self with other Members of the last true parliament levied war against and forcibly dissolved it with the Contrivers of our late New Modelled Governments would seriously ponder who in common justice must bee content to be as freely told of and reprehended for their faults in print where the publike and every mans private interest Right Liberty Security is concerned as they have censured others as well their superiors as equalls oft in print though perchance less peccant than themselves in that they object against them For the matter of his Majesties raising an Army against the Parliament wherein many Papists priests Jesuites were imployed and taking away the priviledge thereof we shall refer it to the judgment of every ordinary capacity whether it be void of sense to say that this war is raised against the parliament But the truth is that it is not a few persons but the Parliament it self is the thorn that lies in these mens sides which heretofore when it was wont to prick them was with much case by a sudden dissolution pulled out But now that is more deeply fastned by the Act of Continuance they would force it out by the power of an Army hath not this been the very practise of some Army-Grandees
14. John 10. 4 5. Dan. 3. 4 to 30. 1 King 19. 18. 2 Chron. 11. 13. to 18. Which serious seasonable considerations as they should daunt the hearts and allay the high Presumptious Spirits of the most Successful Conquerours Powerful Usurpers over and violent Invaders of the Liberties Lives Estates Rights Properties of their Lawful Superiors or Christian Brethren and all Subverters of the Laws Priviledges Parliaments Government of their Native Country especially against their Oathes and Trusts So the Meditation on them together with the contemplation of the infinite Power Wisdom Faithfulness Justice Holiness Presence and gracious Promises of God have at all times and seasons hitherto invincibly animated steeled fortified my Sonl in the midst of all my sufferings both under the domineering Prelates Parliament-assaulting Army-Officers the late Tyrannical cashiered Republicans and all other self-created oppressing Powers which if not already dead and buried in the dust with all their thoughts and high aspiring Projects yet shall certainly die ere long like men and become as dung yea they have enabled me by Faith and Patience to be more then a co●quering triumpher over them and to sing aloud with magnanimous David a man after Gods own heart long before their down-fall Psal 27. 1 2 3. The Lord is my Light and my Salvation whom shall I fear The Lord is the strength of my life of whom shall I be afraid When the wicked even mine enemies and my foes came upon me to eat up my flesh they stumbled and fell Though an Host should encampe against me as they did at Westminster at my House and in sundry Garrisons where I was a Prisoner under Souldiers my heart shall not fear though war should rise against me in this I will be confident I will not be afraid of ten thousands of people that have set themselves against me round about And to cry out in Pauls words of defiance against all Enemies and Perils in the cause of my God and Country uttered in his own and all true Elected Saints names Rom. 8. 35 c. Who shall separate us from the love of Christ or my Native Country as well actively as passively considered Shall tribulation or distress or persecution or famine or peril or SWORD of an whole Army or other Powers Nay in all these things we are more then Conquerors through him that loved us For I am perswaded that neither death nor life nor Angels nor PRINCIPALITIES NOR POWERS nor things present nor things to come nor height nor depth nor any other creature shall be able to separate us from the love of God which is in Christ Jesus our Lord. And to say with him in all threatned Dangers for my sincere consciencious publick Services Act. 20. 22 24. And now I go bound to Jerusalem not knowing the things that shall there befall me save that the Holy Ghost witnesseth in every City saying that Bonds and Afflictions wait for me But none of these things move me neither count I my life dear unto me so as I may finish my course with joy and the Ministery which I have received of the Lord Jesus c. And verily methinks the serious contemplation thereof and of all the premises with that of 2 Sam. 10. 12. Isai 51. 12. Jer. 1. 8. Ezech. 2. 2 to 6. Matth. 10. 26 28. Isai 1. 12 13. coupled with Psal 11. 2. If the foundations be destroyed what can the righteous do Prov. 24. 22 23. My Son fear thou the Lord and the King AND MEDDLE NOT WITH THOSE WHO ARE GIVEN TO CHANGE For their calamitie shall rise suddenly which we have seen verified in many late Changers Mock-Parliaments and self-created new Powers and who knoweth the ruine of them both should now at last banish all base carnal fears out of all timerous hearts rouse up the lan●uishing fearful dead stuped Spirits of our degenerated English Nation and engage them all unanimously undauntedly to claim vindicate regain re-establish those ancient undoubted Hereditary Fundamental Rights Liberties Priviledges Franchises Laws Government purchased with their Ancestors and their own dearest Blood Treasures which belong to the whole Kingdom to all true English Parliaments Freemen in general and to every of them in particular whereof they have of late yeers been forcibly disseised or hypocritically cheated by pretended Patrons Preservers and Propugners of them the substance whereof I have here set before their eyes in ten brief Propositions and by Records Statutes Presidents Histories Contests Resolutions in all ages undauntedly as their Common Advocate asserted fortified to my power for their Encouragement and president in this publick work And if they will now but couragiously second me herein with their joynt bold rightfull Claims Votes Declarations and Resolute Demands of all and every of their enjoyments and future inviolable Establishments according to their Oaths Vows Protestations Duties manifold late Declarations Remonstrances Solemn League Covenant and the encouraging memorable Presidents of their Ancestors in former ages here recorded I dare assure them by Gods blessing a desired good-Success whereof their Ancestors never failed no mortal Powers nor Armies whatsoever having either Impudency or Ability enough to deny detain them from them if they will but generally unanimously couragiously importunately claim and demand them as their Birth-rights But if they will still basely dis-own betray and cowardly desert both them and their Assertors and leave them to a single combate with their combined Jesuitical enemies whom none take care to discover suppress or banish out of our Realms where they now swarm more then ever and Armed Invaders the Fate of our old English Britons when they improvidently neglected to unite their Counsels Forces against and fought onely singly with the invading united Armies of the Romans is like to be Englands condition now Dum pugnant singuli vincuntur universi the single Champions of our Liberties Laws Rights will be easily over-powered destroyed for the pesent and all others by their unworthy Treachery and Basenes● in not adhering to but abandoning their present Patrons discouraged disabled to propugne regain them for the future the whole Kingdom vanquished enslaved to them for eternity in all humane probability to those who have broken your former yokes of wood but instead thereof have made for and put upon you yokes of Iron and by the Jesuites Machiavilian Plots and Policies will reduce you by degrees under a meer Papal yoke at last having deeply leavened many in power and arms with their forementioned most desperate Jesuitical Positions Practises and Politicks which will soon usher in the whole body of Popery and all damnable Heresies whatsoever to the ruine of our Religion as well as Laws and Liberties Wherefore seeing it neither is nor can be reputed Treason Felony Sedition Faction nor any Crime at all but a commendable bounden Duty to which our Protestations Oaths Leagues Covenants Reason Law Conscience our own private and the publick Interest Safety of the Nation engage us
for all and every Freeborn Englishman joyntly and severally to claim maintain preserve by all just honourable publick and private wayes they may their unquestionable Hereditary Birth-rights Laws Liberties Parliamentary Priviledges c. here asserted presented to them after so much Blood Treasure Labour spent to rescue them out of the hands of old and late oppressing Tyrants nor any Offence at all but a praise-worthy fervice now in me or any other publickly to encourage them to this duty and the strenuous defence of our endangered undermined Protestant Religion subverted with our Laws and Liberties and living or dying together with them at this present as I have done heretofore upon all occasions And seeing none can justly censure them or me for discharging our Oathes Consciences Covenants Protestations Duties in this kinde but such as shall thereby declare themselves Publick Enemies and Traytors to the whole Nation Laws Government Parliaments of England as the Resolutions Presidents herein cited yea their own best friends and our reformed Religion too have already adjudged them I shall therefore exhort the whole English Nation and all real Lovers of their own or their Countries Liberties Peace Laws Ease Safety Religion and future establishment in this common Cause in the words of the Philistines one to another in a time of need when they were greatly affraid 1 Sam. 4. 9. Be strong and quit your selves like men O ye Philistines that ye be not servants to the Hebrews as they have been to you quit your selves like men fight c. That so as the Apostle writes in the like case Phil. 1. 27 28. Whether I come and see you or be absent from you I may hear of your affairs that ye stand fast in one spirit with one minde striving together for the faith of the Gospel and the ancient Fundamental Laws Liberties Rights Priviledges Parliaments Government and Religion of our Realm which the Jesuites and their Instruments make their Master-piece totally to undermine and subvert And in nothing terrified by your Adversaries which is to them an evident token of Perdition but to you of Salvation and that of God If the Presidents of your renowned Ancestors here recorded the Paterns of many Gallant Pagan Romans Graeoians who have spent their Lives for their Countries Laws Liberties Or if my example and these my Lucubrations shall provoke you hereunto I shall think my labour well bestowed and you and your Posterities worthy to live like English Free-men But if you will now neither manfully demand speak or contend for them any more out of a slavish fear of a prevailing Army raised onely for their just defence or any other humane Powers whatsoever nor once adventure with united Spirits now at last so much as confidently and boldly to ask these unquestionable Birthrights at the Thrones of any mortal Grandees your Fellow-Subjects when God Almighty himself commands you to come with boldness to his coelestial Throne of Grace that you may obtain not meer right as here but Mercy it self and Grace to help in time of need Heb. 4. 16. Qui timide rogat docet negare you can neither hope for nor ever obtain them for the future but deserve eternally to forfeit them and you and yours to be made slaves for ever However I though these Collections prove successless shall carry this as a comfortable Cordial with me to my grave That I have faithfully discharged my Conscience and b●unden Duty to my degenerous Native Country by endeavouring all I could both to make and preserve it free indeed to detect and prevent all Jesuitical Plots and Practises to undermine embroyle divide subvert ruine it and used my utmost sincerest constant endeavours in my place calling herein But if through the Malice Tyranny or Injustice of any prevailing Enemies of publick Freedom or Jesuitical Agents I shall chance to suffer for it in any kinde as I have formerly done for most of my publick services of this nature be it close-imprisonments Fines Pillories Stigmatizings or Death it self I shall onely say beforehand as Gregory the Great did heretofore Indict 2. Epist 78. In causa qua Deo placere cupio homines non formido and as noble Heroick Esther did in a like publick case for her endangered captivated Nation If I perish I perish and this my unrighteous suffering shall be a new Glorious Crown of Martyrdom to my head both in earth and in heaven it self when the Crowns Names Fames of all my causeless malicious Enemies Adversaries Persecutors and all Enemies to our Laws Liberties Priviledges Parliaments Kingdoms Church Religion shall fade stink perish like dung and be had in perpetual execration in all our three Kingdoms yea my Bonds Blood Books shall I hope through Gods own blessing on them prove SEMEN ECCLESIAE REIPUBLICAE REGNI LEGUM LIBERTATUM AC PALIAMENTORUM ANGLIAE in future ages when their carcasses who are publick Enemies to and subverters of them shall lie rotting in their Graves and their Souls without sincere repentance be scorching roaring in infernal flames if not rise up in Judgment against and condemn them before all the Tribunals in Earth and Heaven both now and hereafter at that Great Judgment-day when I they and all mankind shall and must appear naked upon equal terms stript quite of all armed Guards and earthly Greatness to secure them from being brought to Judgement before the Tribunal of Jesus Christ himself in the view of all the Holy Angels and Mankinde to give an account of the things done in the body in this world according to that I and they have done whether it be good or evil When all Hypocritical Maskes Disguises Carnal State-policies of pretended Necessity Publick Safety Danger Justice with all other Machiavilian unrighteous Practises to guild over the most unrighteous impious oppressing bloody Treasonable Perfidious publick Actions will prove but so many Aggravations of Politicians Crying Sins and of their Eternal Punishments for them To draw towards a conclusion I shall recommend to the whole English Nation and all cordial well-wishers to the Prosperity Peace Settlement of our distracted Kingdoms Churches and endangered Religion either in or out of power these five Considerations more which have deeply affected my Spirit and particularly engaged me in this undertaking for their better information and our common preservation from total and final impendent ruine 1. That Father Parsons the trayterous English Jesuite and his Jesuitical society some yeers since prophesied That they have it by revelation that by special commandment from God their ORDER AND SOCIETY was miraculously instituted for this end to work a DISMAL CHANGE amongst us that the time is come WHEREIN ALL LAWS CUSTOMS AND ORDERS MUST BE ALTERED AND ALL THINGS TURNED UPSIDE DOWN and that they being the onely men that have the name office and authority of Jesus BY THEM IT IS THAT THIS MARVELLOUS CHANGE ALTERATION SHALL BE WROUGHT in such sort AS FROM THE BEGINNING OF THE WORLD
WAS THE LIKE NEVER HEARD OF BEFORE TO THIS PRESENT And may we not then justly suspect fear conclude that all our late dismal changes and turning all things upside down in our Church State Kingdoms Parliaments were originally promoted contrived by the Jesuites and effected by the seduced Officers and Souldiers as their del●ded instruments 2. That this Jesuite Parsons in his Books of the Reformation of all the States of England as he prescribed Reformations to the Prince Court Counsellors Noblemen Bishops Prelates Pastors Universities Lawyers Laws in which he will have STRANGE METAMORPHOSES so likewise THE COURT OF PARLIAMENT HE WILL HAVE BROUGHT TO BETTER FORM as W. W. a secnlar Priest in A Dialogue between a Secular Priest and a Lay-Gentleman Printed at Rhemes Anno 1601. Watson in his Quodlibets p. 92. to 96. 320. to 334. William Clark a secular Priest in his Answer to Father Parsons Libel p. 75. c. in direct terms attest And may we not then justly suspect that the late New-models and Reformation of our Kingdoms Parliaments Government Laws c. proceeded primarily from the Jesuites Projections and Plots against them if the Statutes of 23 Eliz. c. 1. 27 Eliz. c. 2. 35 Eliz. c. 2. 1 Jac. 1 2 4 5 7. 7 Jac. c. 6. and the manifold Declarations of both Houses of Parliament Exact Collection p. 491 462 497 498 616 631 666 698 813 to 828. may be judges 3. That the Jesuites drift directly is immediately by means of CONQUEST intended for England to bring it and all Christendom into an uproar FOR COMMON SOULDIERS TO EXAMINE THEIR SOVERAIGNS WHAT TITLE THEY HOLD BY that thereupon themselves by craft money and multitudes gathered together through their Policy may bring England and then Spain and all the rest under their subjection and Monarchy And that principally by this Jesuitical Position That every Precopie or Tartarian multitude getting once the stile and title of a PUBLICK STATE or HELVETIAN COMMONWEALTH may alter change and innovate the course of inheritances and succession TO CROWNS AND KINGDOMS and also to every private Persons heritage holden in Fee-simple as William Watson assures us in these very terms And whether the Jesuites have nor instructed our Army-Officers and Common Souldiers upon this pretext and for this very end to examine their Soveraigns yea our Parliaments Titles Priviledges and Powers too of late and dispose of them at their pleasure let themselves the whole Nation with all in present power in the fear of God most seriously consider without passion or affection before it be over-late 4. That the Oaths of Supremacy and Allegiance specially made prescribed by our most wise zealous Protestant Parliaments to prevent the Treasonable Plots and designs of Popes Jesuites and Papists against our Protestant Princes Realms Parliaments Religion though confirmed by many Statutes and containing in them onely the Declaration of such a Duty as every true and well-affected Subject not onely by the bond of Allegiance but also by the COMMANDMENT OF GOD ought to bear to the King his Heirs and Successors and none but persons infected with Popish Superstition formerly oppugned as the Prologue of the Statute of 7 Jacobi c. 6. positively resolves have by late State-innovators not onely been discontinued suspended but declaimed against and repealed as much as in them lay as UNLAWFUL OATHS The New Oath for abjuration of Popery with all Bills against Jesuites and Papists presented to the late King by both Houses the last Parliament and by him consented to in the Isle of Wight wholly laid aside and quite buried in oblivion The Solemn Protestation League and Covenant prescribed by the last Parliament and taken by all the well-affected in all the three Kingdoms to prevent the dangerous plots of Papists and Jesuites and our common enemies to destroy our Religion Churches Realms Government Parliaments Laws Liberties quite antiquated decried detested and a New Engagement forcibly imposed under highest penalties and disabilities upon all men diametrically contrary to these Oaths Protestations and Covenants which have been by a new kinde of Papal Power publickly dispenced with and the people absolved from them to become sworn Homagers to other new self-created Lords and Masters And are not all these to considerate zealous Protestants strong Arguments of the Jesuites Predominancy in our late counsels changes of Government 5. That the Notion of THE PRESENT GOVERNMENT in my weak apprehension deriving its original from the Jesuites-late invented PRESENT CHURCH the onely Supream Power and Judge of Controversies which all men must submit unto without dispute by their determination as they must do to that present Republican Government and new Optimacity and Popularity lately set up instead of our Monarchy Which two forms of Government as they were the inventions of Factious Graecians at first which put all their Cities into Combustions fury frenzy and civil wars against each other to their utter overthrow in conclusion witness these verses of Heniochus an ancient Greek Comaedian Tum geminae ad illas accesserunt Mulieres RITAS QUAE CUNCTA CONTURBARUNT OPTIMA Est nomen alieri alteri POPULARITAS RUNT Quarum incitatu PRIDEM EXTERNATAE FUso Parsons Campanella Cardinal Rech●li●u designed to introduce and set them up amongst us in England Scotland and Ireland of purpose to divide and destroy us by civil wars and combustions and bring us under their Jesuitical power at last as the marginal Authorities declare to all the world And if this be undeniable to all having any sence of Religion Peace or publick Safety left within their b●ests is it not more then high time for us to awake out of our former lethargy and sordid selfish stupidity to prevent our ruine by these and other forementioned Jesuitical practises Or can any English man or real Parliament be justly offended with me for this impartial discovery of them And for my endeavours to put all the dislocated Members and broken bones of our old inverted Fundamental body Politick into their due places joynts and postures again without which there is no more possibility of reducing it to its pristine health ease settlement tranquility prosperity or of preserving it from per●ecual pain inquieration consumption and approaching death ther●of a natural body whose principal members continue dis-joynted and bones broken all in peices as all prudent State-Physitians must acknowledge These five Considerations together with the Premises will I presume sufficiently justifie this my undertaking and impartial discovery of Jesuitical Plots to ruine our Church Religion Kingdoms Parliaments Laws Liberties Government against all malicious Enemies Accusers Maligners whatsoever before all the Tribunals of God or Men where I shall be ready to justifie them upon all occasions In perpetual testimony whereof I have hereunto set my Hand and by God's Grace shall ever be ready to seal them and the truth of God with my blood if called out to do it Swainswick Aug. 12. 1654. Will.
Prynne A Legall and Historicall Vindication of the Fundamentall Rights and Laws of England CHAP. III. I Have in the two precedent Chapters fully proved That the Kingdome and Freemen of England have some antient hereditary just Rights Liberties Franchises Laws and Customes properly called Fundamentall together with a Fundamentall Government no wayes to bealtered undermined subverted directly or indirectly to the publick prejudice underpain of high Treason in those who shall attempt it especially by fraud force or armed power and given you likewise the heads of the chiefest of them in X brief Propositions I shall now in the third place proceed in a Chronologicall way to present you with a large Historicall Catalogue of the severall Nationall Parliamentall Legall Martiall publick and private contests great Charters Lawes Statutes Votes Declarations Remonstrances Claimes Records Evidences Writs Oathes Vowes Protestations Covenants Excommunications Confirmations Judgments Resolutions and principall Authorities in all ages both under the antient Britons Saxons Danes Normans and English Kings till our present times plentifully undeniably evidencing declaring vindicating asserting establishing perpetuating these Fundamentall Hereditary Rights Liberties Priviledges Franchises Customes Lawes and abundantly manifesting the extraordinary zeal courage wisdome and vigilancie of our Ancestors to defend preserve and perpetuate them to posterity without the least violation or dimin●tion I shall begin with the highest Antiquities extant in our Histories pertinent to my Theame and so descend to those of punier times relating all of them for the most part except here and there where the identity of the subject matter and desire of brevity occasion me to vary somewhat from this intended method according to their Antiquity and Chronologicall series of time referring such particulars of them as relate to each of the forementioned X. Propositions in the second Chapter only with figures in the margin designing the severall Propositions unto which they have more immediate reference without reducing these Historicall Collections to distinct heads under every Proposition in order as I have proposed them which course would have interrupted my Chronologicall Method and caused a frequent repetition of sundry passages Charters Acts Oathes Records relating to severall of these Propositions for the most part not to one of them alone which I shall now avoid by affixing the number of single Proposition whereunto they refer in the margin eachwherewith the Reader may easily compare them with more delight and as much satisfaction as if I had marshalled them all in rank and file under those distinct Propositions whereunto they have relation As for those Historicall passages which contain the severall publick Parliamentall or Martiall contests of our Ancestors with their Kings and other invading Nations for their Liberties Rights Laws Customes and great Charters in the generall I have annexed no figures unto them every of them for the most part referring to all or most of these Propositions in grosse though not particularly specified in these contestations for them And because I intend for the better confirmation of our antient Fundamentall Liberties Priviledges Freedomes Rights Lawes Government and greater benefit of Posterity briefly to passe through the severall successive Reigns and Dominions of the Britons Romans Saxons Danes Normans as well as of our English Kings since the Conquest as we usually style it whereon I shall principally insist as of greatest nearest concernment to us of this generation I shall for order sake divide this Chapter into distinct Sections the rather because the largenesse of it may occasion the Stationer to publish it as he did the two first Chapters in severall parts as they shall be Printed the compleating of the whole requiring longer time in respect of my remotenesse from the Presse and the largenesse thereof then the present usefulnesse of each part and the longing desires of some Readers after it would willingly allow for its publication in one whole volume which every mans purse who desires it cannot so easily purchase in these necessitous times as it may do in parcels SECTION I. Concerning the Ancient Britons contests for their Liberties and Lawes against Tyrants and Invaders of their Fundamentall Government Rights and of their great Councels till the Romans Couquest IT is agreed by all our Historians that the Britons were the originall known Inhabitants of this Iland from whom it was stiled Britain but from what forrain Nations the Britons descended our Antiquaries differ in opinion our later writers herein dissenting from those of former ages with whom I must begin Most of our antient Historians and the whole famous Parliament held at Lincolne Anno 28 E. 1. in the learned Letter therein compiled and agreed to be sent by the King to Pope Boniface to prove the subjection and homage of the Kingdome and Kings of Scotland from time to time to the Kings of England Iure Dominii as Supreme Lords thereof by Historicall precedents in former ages collected out of all Histories and Records then extant unanimously record That the Britons originally descended from the Trojans that they arrived here in Britain about the dayes of Ely the Priest under Brute their first King who divided it at his death into three distinct parts and Kingdomes between his three Sons leaving that part thereof now called England then Loegria to Loerinus his eldest Son and his Heirs as an hereditary not elective Kingdome according to the custome of the Trojans Petebal enim Troana consuetudo ut dignitas Hereditatis primogenito perbeni●et as our Historians and that whole Parliament of 28 E. 1. resolve So that an Hereditary Kingdome and Monarchicall Government by Kings was the originall Fundamentall Government setled in this Iland by Brute and that as well in those parts thereof since called Scotland and Wales as England which all our Historians asserting this originall of the Britons unanimously attest with that answer which Diana gave unto Brute before his arrivall in Britain when she directed him to come and seat himself therein further evidenceth if we may give any credit hereunto Brute sub occasu Solis trans Gallica Regna Insula in Oceano est undique clausa mari Insula in Oceano est habitata Gigantibus olim Nunc deserta quidem Gentibus apta tuis Hanc pete namque tibi sedes erit illa perennis Hic fiet natis altera Troja tuis Hic de prole tua reges nascentur ipsis Totius terrae subditus orbis erit With this concurreth the more authentick testimony of Cornelius Tacitus The Britons heretofore were governed by Kings now they are divided by petty Princes into Parties and Factions with that of Pomponius Mela Britain bringeth forth Nations and Kings of Nations The very first act that made their first King Brute most famous before his arrivall in Britain was his delivering of 7000 Trojans his native Countrymen with their wives and children from their Servitude and Bondage under King Pandrasus and the Graecians whom he vanquished and took Prisoner in Battle
and Peace and Lawes concluded and ratified in and by a Parliament of Nobles in this age King Guithelin to whom the Crown lineally descended from Belinus married Martia a Noble woman learned in all arts who invented the Law which the Britons called Martiana which King Alfred approving translated into the Saxon tongue and called it Marchen Leage King Edward the Confessor making use of it in the collection and compiling of his Lawes hereafter mentioned Though this Queen first invented this Law no doubt it was ratified by publick consent of the King her Husband and the Nobles in their generall Councell in that age else it could not have the force of a Law by her bare penning of it Gorbonius grandchild to Guithelin and Martia coming to the Crown by descent governed his people most justly according to these forecited Lawes it being his continuall custome to give due honour to the Gods in the first place and then to administer right justice to the people He encouraged Husbandmen in their tillage and defended them from the injuries of their Lords and he inriched his Souldiers with gold and silver so as none of them had need to do any injury or violence to any other Archigallo his Brother succeeding degenerated from him in all his actions for he endevoured every where Nobiles quosque deprimere to depresse all that were Noble and to advance ignoble persons to take away rich mens goods and mony by violence thereby heaping up infinite treasures which the Nobles of the Realm refusing to endure any longer rose up against and deposed him from his royall Throne creating his brother Elidurus King in his stead He after five years reign meeting his deposed brother in a wood as he was hunting ran to him imbraced kissed and brought him to his own royall Bedchamber privately and then summoned Proceres omnes et principes all the Nobles and Princes of the Realm to come speedily to his City of Alclud who repairing thither he saigning himselfe to be very sick commanded every of them one by one to come into his Bedchamber to visite him which they thus doing he threatned presently to cut off all their heads as they entred singly unlesse they would consent to submit themselves again to Archigallo as their Soveraign which they through fear of death assenting to he made an agreement between them and then carrying him to Yorke took the Crown from his own head and set it on his brothers Archigallo For which memorable self-denying pious act to his brother he was styled Elidurus pius Archigallo upon his restitution corrected his former errors deposed all ignoble persons advanced the Nobility permitted every man to enjoy what was his own and administred right justice to his people Ennianus his Son King after him treating his Subjects ill was deposed by them from the Throne of the Kingdome because he contrarying justice preferred Tyranny Edwallo being made King in his place who instructed by his Predecessors oversights Jus atque rectitudinem colebat followed Law and rectitude as did others of his successors Our Histories record that about 54. years before our Saviours birth Julius Caesar having conquered France espying Britain from thence having learned the name of the I le and Nation sent messengers thence to Cassibelan King of Britain exacting with threats an annuall Tribute from him and the Britons to be paid to the Roman Senate as well as from other Naiions else he should be enforced to transport his Army and shed their bloud Whereupon Cassibelan returned this answer to him in writing Cassibelanus King of the Britons to Cajus Julius Caesar Marvellous O Caesar is the covetuousnes of the Roman people who thirsting after gold and silver in all places cannot suffer us placed beyond the World within the perils of the Ocean to be quiet but presume to affect our Tribute and Revenues which we have hitherto peaceably possessed Neither verily will this suffice unlesse renouncing our Libertie we shall make subjection to him and thereby undergoe perpetuall servitude therefore Caesar thou hast demanded A shamefull thing seeing the vein of common Nobility flowes from Aeneas both to the Britons and Romans and one and the same bond of kindred lives still in both whereby they ought to be knit together in firme amity This therefore should have been required of us not servitude because we have learned rather to give this then to bear the yoake of Servitude For we have been so much accustomed to inioy Liberty that we are altogether ignorant what it is to obey Servitude Which Liberty if the Gods themselves should endeavour to take from us verily we would strive with all our might to resist them that we might retain it Be it known therefore to thee Caesar That we are prepared and resolved to fight for it and for our Realm if as thou hast threatned thou shall begin to come upon the Isle of Britain Hereupon C●sar preparing his Navy and Forces arrived with his army at the mouth of Thames the Britons though at civill warres among themselves before upon this necessity united themselves together to oppose the Romans and communi consilio as Caesar himself and others write by common advice and assent in a Parliament of that age elected Cassibelan for their Generall and committed the managing of the Warres to him who gathering the whole strength of the Britons together consilium querens a Principibue Regni as some and a proceribus suis as others record taking councell with the Princes of the Realme and his Nobles how to re●●e the enemies they resolved to resist their Landing and to assault them in their tents before they had fortified themselves or taken any Towne and so to repell them Which advice they pursuing opposed their landing and forced the Romans that were landed to their ships and compelled Caesar to returne into France as our British Historians assert though Caesar in his Commentaries to cover his dishonour relates the contrary The year following Caesar recruiting his Army landed again in Cornwall and was repulsed by Cassibelan the second time with great losse Whereupon Cassibelan joyfull of his victory returning to Troinovant Edictum fecit ut omnes proceres Britannie Convenirent made an Edict that all the Nobles of Britain should assemble together at Troinovant to offer publick prayses and Sacrifices to his Gods who had made him to triumph over so great an Emperor as Caesar At this assembly Evelin Nephew to Androgeus Duke of Trionovant playing with Herelgas Nephew to Cassibelan upon a sudain quarrell between them cut of Herelgas head at which the King being very angry commanded Evelin to be brought before his presence and to be ready sententiam quam proceres Dictarent or talem sententiam quam proceres Regni judicarent subire to undergoe such a sentence and judgment as the Nobles and Peers of the Realme should pronounce that Herelgas might net remain unrevenged in case he were unjustly slain Androgeus
them seeing they deserted their defence when we substracted them from their Power The whole Council of Kings and Nobles present assenting fully to this his opinion and resolution promised him their assistance in this cause against the Romans Whereupon he returned Answer to the Roman Emperours by the said Messengers THAT HE WOULD BY NO MEANES RENDER THEM TRIBUTE NEITHER WOULD HE SUBMIT HIMSELF TO THEIR JUDGEMENT CONCERNING IT NOR REPAIR TO ROME yea that he demanded from them that which they had decreed by that their judgement to demand from him And hereupon some say he writ this Letter unto the Senate of Rome in answer of theirs Vnderstand among you at Rome that I am King Arthur of Britain and FREELY IT HOLD and SHALL HOLD and at Rome hastily will I be not TO GIVE YOU TRUAGE Tribute but to have Truage of you For Constantine that was Helens Son and others of mine Ancestors CONQUERED ROME and thereof were Emperours and that they had and held I shall have and hold by Gods grace Whereupon Lucius Tiberius by command of the Senate raising great forces amongst the Eastern Kings to subdue Britain was encountred and slain by King Arthur with all his Roman forces in the valley of Soisie in France Anno Dom. 537. since which this Tribute was never demanded This History whether true or seigned as it declares by the Resolution of thirteen Kings and a great multitude of Princes Dukes Nobles Prelates Souldiers that Titles and Tributes gotten by Force Violence Conquest are both irrational unjust and illegal So it resolves That the Matters of Warre Peace and other great Affaires of the Realm were determined in Parliament That the Kings Princes and Nobles were the onely Parliaments and Parliament men of that age That the Realm and Kings of England are neither tributary nor subject nor responsible to any Forraign Powers Jurisdictions or Courts whatsoever and that no Tribute or Tax can justly be imposed on or exacted from the Inhabitants of this Island but by their own voluntary Grants and Consents even by the Lawes and Customes of the Realm in the Britons times and that whatever Tax or Possession was then gained by force conquest or armed power without just right and Title was both unjust and unreasonable And so ought to be reputed now Quod ab initio non valet tractu temporis non convalescit being a Principle in our Law I read in the Lawes of King Edward before the Conquest c. 35. in Mr. Lambards Archaion fol 135 136. and Sir Edward Cook his 7 Report Calvins Case fol. 6 7. That this most famous King Arthur first invented and inacted this Law That all the Princes Earles Nobles Knights and all Free-men of the Realm of Britain ought to make and swear fealty to their Lord the King in the full Folkemote or Leet in this form commonly used in Leets till within the six yeares last past You shall swear that from this day forward you shall be true and faithfull to our Soveraign King Arthur and HIS HEIRES and truth and faith you shall bear to him of life and member and terrene honour and you shall neither know nor hear of any ill or dammage intended to him that you shall not defend So help you God And that by Autherity of this Law King Arthur expelled the Saracens it should be Saxons for no Saracens ever invaded Britain and Enemies out of the Realm And by Authority of this Law King Etheldred in one and the same day slew all the Danes throughout the whole Realm Surely such Oathes of Fealty Loyalty and Homage are very ancient as our Histories manifest King Arthur being mortally wounded in the battell he fought with his Nephew Mordred who usurped the Crown in his absence Mordred being slain in the fight Arthur despairing of life gave the Crown of Britain to Constantine his Kinsman Anno Dom. 542. who together with the rest of the British Kings neglecting all Lawes and Justice warring against each other and degenerating into Tyrants Usurpers Murderers Perjurious Persons Oppressors and the like declined daily in their power the Saxons continually incroaching upon them in all parts and about the year of our Lord 586. they were quite driven out of their Kingdomes together with their British Subjects by the Saxons into Wales Cornwall and Little Britain in France and reduced to the extremity of all misery as you may read at large in Gildas de Excidio Conquestu britanniae and others out of him Who thus describes the Tyrannies and vices of those times Vngebantur Reges non per Deum sed qui caeteris crudeliores extarent paulo post ab unctoribus non pro veri examinatione TRUCIDABANTUR ALIIS ELECTIS TRUCIORIBUS Si quis vero eorum mitior veritate aliquatenus pronior videretur in hunc quasi Britanniae Subversorem omnium odia telaque sine respectu contorquebantur omnia quae displicuerint Deoque placuerint aequali saltem lance pendebantur si non graviora fuissent displicentia Sicque agebant cuncta quae saluti contraria fuerunt ac si nihil mundo medicina a vero omnium medico largiretur c. Ita cuncta veritatis Justitiae moderamina concussa ac subversa sunt ut corum non dicam fastigium sed ne monimentum quidem in supra dictis propemodum ordinibus apparent exceptis paucis valde paucis c. Reges habet Britannia sed TYRANNOS Judices habet sed impios saepe praedantes concutientes sed innocentes vindicantes patrocinantes sed reos latrones CREBRO JURANTES SED PERJURANTES VOVENTES CONTINUO PROPEMODUM mentientes belligerantes SED CIVILIA ET INJUSTA BELLA AGENTES per patriam quidem fures magnopere insectantes eos qui secum admensam sedent non solum amantes sed munerantes in sede arbitraturi sedentes sed raro recti judicii regulam quaerentes innexios humilesque despicientes sanguinarios superbos parricidas commanipulares qui cum ipso nomine certatim delendi sunt pro ut possunt efferentes vinctos plures in carceribus habentes quos dolo sui potius quam merito proterunt catenis onerantes inter Altaria jurando demorantes hoec eadem ac si lutulenta paulo post saxa despicientes Cujus tanti nefandi piaculi non ignarus est immundae Leaenae D●mnoniae tyrannicus Catulus Constantinus Hoc anno post horribile juramenti Sacramentum quo se devinxit nequaquam d●los civibus Deo primum j●requejurando Sanctorum demum choris Genetrice comitantibus frelis facturum in duarum venerandis matrum finibus Ecclesia earnalisque sub sancti Abbatis amphibalo Latera regiorum tenerrima pucrorum vel praecordia crudeliter duum totidemque nutritorum inter ipsa ut dixi sacrosancta Altaria nefando ense hastaque prodentibus laceravit c. Quid tu qu●que catule Leonine Aureli Canine agis Nonne pacem Pa●riae mortiferum ceu
serpentem odiens CIVILIAQUE BELLA CREBRAS INJUSTE PRAEDAS SITIENS animae tuae caelestes portas pacis ac refrigerii praecludis Quid tu etiam insularis Draco MULTORUM TYRANNORUM DEPULSOR TAM REGNO QUAM ETIAM VITA snpradictorum novissime in nostro stylo prime in malo major multis potentia simulque malitia Largior in dando profusior in peccato robuste armis sed animae forti●r excidiis Maglocune in tam vetusto scelerum a●ramento stolide volutaris Quare tantas peccaminum regiae cervici sponte ut ita dicam ineluctabiles celsorum seu Montium innectis moles Nonne in primis adolescentiae tuae annis avunculum Regem cum fortissimis propemodum militibus acerrime ense hasta igni oppressisti Parum cogitans propheticum dictum Viri inquiens sanguinum doli non dimidiabunt dies suos Quid pro hoc solo retributionis a justo judice sperares si non talia sequerentur quae secuta sunt itidem dicente per prophetam Vae tibi qui praedaris nonne ipse praedaberis qui occidis nonne ipse occideris cum d●siveris praedari tunc cades These sinnes brought the ancient British Kings with their Kingdomes and People to ruine Legitur in Libro Gildoe Sapientissimi Britonum Quod ijdem Britones propter Avaritiam rapinam Principum propter iniquitatem injuriam Judicum propter desidiam praedicationis Episcoporum propter luxuriam malos mores populi Patriam perdiderunt write Alcuinus and Malmesbury The Lord grant they may not bring our Kingdomes and Nations to like ruine and desolation now How many bloudy Warres and battles the Brotons after they were driven out of their Country into the Welsh Mountaines by the Sa●ons fought with them for the defence of their Country Rights Liberties under the conduct of valient Cad●in who after twenty four yeares civill Dissention amongst the Britons and so long an Inter-regnum was by the UNANIMOUS CONSENT OF ALL THE PRINCES and NOBLES OF THE BRITONS ASSEMBLED TOGETHER in a great Parliamentary Councill AT LEGECESTER ELECTED and MADE 〈◊〉 OF THE BRITONS Which Nobles and Counsellor would not permit him to give way that Edwin the Saxon by his permission should be crowned King of Northamberland Aiebant enim CONTRA IVS VETERVMQVE TRADITIONEM ESSE Insulam unius CORONAE DVOBVS CORONATIS SVBMITTI DEBERE And after his decease under Cadwallo his Son who succeeded him in the Crown and under famous Cadwallader succeeding Cadwallo his Father in the Kingly Government by lineall d●scent by whose death both the royall blond with the Government of the Britons and the very name of Britain it self expired you may read at large in Geoffry Monmouth B●da Gildas Maelmesbury Huntindon Mathew Westminster Fabian Holinshed Grafton Speed and others being over tedious to relate The divisions and discords amongst the British Nobility during Cadwalladers sicknesse seconded with eleven yeares sere p●stilence famine and all sorts of miseries whereby the land became desolate enforced them to forsake their native Country and to seek relief in forraign parts Whereupon the Saxons sending for more of their Countrymen into Britain replenished and planted the vacant Country dispossessing the Britons totally of their ancient rightfull Inheritance which they never since regained after they had possessed it from Brute to Cadwallader for two thousand seventy six yeares under one hundred and two Kings as John Brompton records in the beginning of his History col 725. And this shall suffice concerning the Britons Contests and Wars for their Liberties Laws Government Country Religion against the Romans Saxons and touching their Great Parliamentary Councils Proceedings in them from Julius Caesars to the Saxons Conquest and total supplantation of them by Treachery Violence and the Sword of which violent Intrusion Laeland our famous Antiquary and Archbishop Parker in his Antiquit●tes Ecclesiae Britannicae p. 12. give their Censure in point of Conscience who writing of Pope Gregories conversion of the Pagan Saxons who expelled the Britons to the Christian Faith conclude thus Debuerat Gregorius admonuisse Saxones GENTEM PERFIDAM ut si syncere Christia●issim●m admittere vellent BRITANNIAE IMPERIVM QVOD CONTRA SACRAMENTVM MILITIAE PER TYRANNIDEM OCCVPAVERANT IVSTIS DOMINIS AC POSSESSORIBVS RESTITVERENT That is Gregory ought to have admonished the Saxons a PERFIDIOUS NATION that if they would sincerely embrace Christianity they then ought to restore the Kingdome of Britain which they had seised upon by Tyranny against the Oath of their Militia to the just Lords and Possessors thereof a Doctrine fit to be pressed on others now by all our Ministers which because they neglected to doe you may read what a divine retaliation their Postetity received from the Pagan Danes in the insuing Sections CHAP. III. SECT III. Comprising some remarkable Generall Historicall Collections proving the limited Power and Prerogative of the first Saxons Kings of England disabled to make any Lawes Warre Peace alienate their Crown Lands impose any Taxes Tributes in any Necessity or kind whatsoever but in and by common consent in the Generall Parliamentary Councils of their Nobles and Wisemen which they were obliged to summon upon all occasions when there was need and to govern their people justy according to Law The Saxons proceedings against their Tyrannicall oppressing Kings and the severe Judgements of God upon some Saxon Subjects for their Perjury Treachery disloyalty Rebellion against expulsions murders of their lawfull Soveraignes and unrighteous violent disinheriting the Christian Britons by the sword of their Native Country THe British Kings and Britons being for their Tyranny Perjury Treachery Injustice and other sinnes related reprehended by Gildas driven out and dispossessed of their Royalty and Country by the Saxons they about the year of our Lord 576. divided it into seven Kingdomes and set up seven Kings in severall parts of the Island who soon after waged civill Warres and more than civill Warres one with another These Kings all agreed utterly to delete the name of Britain and the memory of the Britons Whereupon they by common consent ordained That the Island should not be called Britain from Brute but England These Kings were at first elected by the Saxon Nobles and People to reign over them to govern the people of God and TO MAINTAIN and DEFEND THEIR PERSONS and GOODS IN PEACE BY THE RULES OF RIGHT And at the beginning so soon as they turned Christians they made their Kings to swear that they should maintain the Christian faith with all their power and GOVERN THEIR PEOPLE BY RIGHT without respect to any person and should be SUBJECT TO SUFFER RIGHT AS WELL AS OTHERS OF THE PEOPLE And although the King ought not to have any Peer in his Land for as much if he did wrong or offended against any of his people he or any of his Commissioners should not be both Judge and party it behoved of RIGHT THAT THE KING SHOULD
HAVE COMPANIONS FOR TO HEAR AND DETERMINE IN PARLIAMENT ALL THE WRITS AND PLAINTS OF THE WRONGS OF THE KING OF THE QUEEN AND OF THEIR CHILDREN and especially of those OF WHOSE WRONGS ONE COULD NOT HAVE RIGHT OTHER WHERE And these Companions are now called Counts after the Latine word Comites every o●e of which had at first a Country delivered to him to guard and defend it from the Enemies which Country is now called a County and in Latine Comitatus and these Counties together with the Realm were turned into an Inheritance So Horne in his Mirrour of Justice in the reign of King Edward the first These English Saxons from the first Settlement of their K●●gdomes and Monarchies had no Soveraign Power at all t● make alter or repeal Lawes impose Taxes or alien their Crown Lands but onely by common consent in General Parliamentary Councils much lesse to imprison con●emn exile out-law any m●ns person or to deprive him of his Life Lands Goods Franchises against the Law without any Legall triall as these Subsequent Historicall Collections will at large demonstrate That they had no Power nor Authority to make alter or repeal any Lawes but onely by common advice and consent of their Nobles and Wise-men in their Great Parliamentary Councils of the Realm is evident by this passage of our Venerable Beda concerning Ethelbert King of Kent the first Christian Saxon King and Law-maker He about the year of Christ 605. Inter caetera bona quae genti suae consulendo conferebat etiam Decreta illi juxta exempla Romanorum CVM CONSILIO SAPIENTVM CONSTITVIT Quae conscripta Anglorum sermone hactenus habentur observantur ab ea In quibus primitus posuit qualiter id emendare deberet qui aliquid rerum vel Episcopi vel reliquorum ordinum furto aufernt volens scilicet tuitionem eis quos quorum doctrinam susceperat praesiare Malmesbury and Huntingdon write of him Quin etiam curam extendens in posteros LEGES PATRIO SERMONE TVLIT quibus bonis praemia decerneret improbis per remedia meliora occurreret NIHIL SVPER ALIQVO NEGOCIO INFVTVRVM RELINQVENS AMBIGVVM The first Law this Christian King ever made BY THE COUNCIL OF HIS WISE-MEN was for God his Church and Ministers to protect them and theirs from violence a Jove principium and the next for to Protect Great Councils and their Members from Injury thus recorded by Sir Henry Spelmau out of a famous ancient Manuscript called Textus Roffensis 1. Quicunque Res Dei vel Ecclesiae abstulerit duodecima componat solutione Episcopires undecima solutione Sacerdotis res nona solutione Diaconires sexta solutione Clerici res trina solutione Pax Ecclesiae violata duplici emendetur solutione Pax Monachi duplici etiam solutione 2. Si Rex populum suum convocaverit hos ILLIC quispiam injuria afficerit duplex esto emendatio praeterea 50. Solidos Regi pendito Let the forcers of Parliaments consider it To these I might subjoyn all the Ecclesiasticall and Civil Lawes Canons Constitutions of all our other Saxon Kings before the Normans reign recorded in Mr. Lambards Archaion and scatteringly mentioned in Beda Ingulfus William of Malmesbury Huntindon Mathew Westminster Florentius Wigorniensis Brompt Antiquitates Eccl. Britannicae Mr. Seldens Titles of Honour Mr. Fox Acts and Monuments with other Antiquaries and Historians all made altered amended repealed from time to time by common advice and consent in their Great Parliamentary Councils which because I have particularly insisted on in my Antiquity Triumphing over Novelty and Historicall Collection of the ancient Great Councils and Parliaments of England I shall forbear here to repeat at large being never yet denied by any and a truth beyond contradiction That our Saxon Kings from their original institution could not alienate or transferre to any other uses no not to endow Churches support Gods Worship or Ministers any of their Crown Lands Demesnes or Revenues without common consent of their Nobles and Prelates in their Great Parliamentary Councils is apparent by the three first Charters we read of granted by Ethelbert the first Christian Saxon King to the Church of Peter and Paul in Canterbnry Anno Dom. 605. Wherein the King CVM CONSENSV venerabilis Augustini Archiepiscopi AC PRINCIPVM MEORVM by the consent of Archbishop Augustine and his Princes first gave and granted a parcell of Land of his Right in the East part of the City of Canterbury to build a Church and Monastery to the honour of St. Peter and after that by a second Charter of the same date confirmed by his own the Arch-bishops and Nobles subscriptions thereto with the Sign of the Crosse he gave and granted other Lands in Langeport to God and his Church and after that by a third Charter Anno 610. he granted other Lands and Priviledges to it as a testimony of his gratitnde to God for his conversion from the Errour of false Gods to the worship of the onely true God adjuring and commanding in the name of the Lord God Almighty who is the just Judge of all things that the said Lands given to this Church by the said subscribed Charters should be perpetually confirmed so that it should not be lawfull for himself nor for any of his Successors Kings or Princes or for any Secular or Ecclesiasticall Dignity to defraud the Church of any part thereof And if any shall attempt to diminish or make void any thing of this Donation let him be at present separated from the holy Communion of the body and bloud of Christ and in the day of Judgement let him be separated from the fellowship of all the Saints The two first of his Charters and Donations to this Church were approved and confirmed in a Common Councill assembled by this King at Canterbury 5. January Anno 605. Omnium singulorum approbatione consensu BY THE APPROBATION AND CONSENT OF ALL AND EVERY OF THEM as you may read at large in Sir Henry Spelman and William Thorne This truth is further abundantly confirmed by the Charter of Immunities of Withraed King of Kent granted to the Churches under him Anno 700. The Charter of Ethelbald King of Mercia to the Church of Croyland An. 716. The Charter of King Ive of Lands and Priviledges to the Church of Glastonbury Anno 725. The Charter of King Offa of Lands and Priviledges to the Courch of St. Albanes Anno 794. The Charter of King Egfred to the same Church Anno 797. The Charter of Bertulph King of Mercia to the Abbot of Croyland made in the Parliamental Great Council of Biningdon Anno 850. and of Kingsbury Anno 851. a memorable president recorded at large by Abbot Ingulphus Hist p. 858. to 863. the Charter of King Aethelstan to the Abby of Malmesbury An. 930. The Charter of King Edmond to the Abbot of Glastonbury Anno 944. and of the same Edmund to the Abby of Hyde Anno 966. and to