Kingdome 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 pag. 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 COVRT OF REFORMATION FOR ENGLAND And to give you a taste of their intent by that base Court of A TRIBE of TRAITORS sawcily like to Gade Jack Straw and Tom Tiler VSVRPING the AVTHORITY of both STATES ECCLESIASTICAL and TEMPORALL in all their REBELLIOVS ENTERPRICES these were principall 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 in Fee offâ—â—s hands and they all to be reduced unto Arbitrary Pensions c. And then proceeds thus to the Fourth The fourth 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 manner of holding Lands in Fee simple Fee tail Kings service Soccage or Villanage brought into villany scoggâ—â—y and popularity and in few the Common Law must be wholy annihillated abolished and troden down under foot and Caesars civill Imperials brought amongst us and sway for a time in their places All whatsoever England yeelds 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 shal be brought in by these out-casts of Moses stain of Solon and refuse of Lycurgus must be reputed for metaphysical seme-divine and of more excellency than the other were Which he thus seconds Quodlibet 9. Article 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 than the Civil Law doth And the chief reason is for that the State of the Crown and Kingdome by the Common Laws is so strongly settled as whilest 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 cloak together to cover a bloody shew of their Treasons for the present from the eys 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 â—ebellion and Combustion And the Stratagem is how the Common people may be inveigled seduced to conceit to themselves such a liberty or prerogative as that it may be lawfull 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 proceeding from a turbulâ—nt tribe of Traiterous Puritanâ—s 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 Customs and Orders of this Noble Isle He hath prejudiced the law of Property in instituting Government Governours and Hereditary Princes to be BENEPLACITVM POPVLI 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 years sitting amongst us in or neer Westminster or elswhere in secret Counsel every week as divers intelligent Protestants have informed me and Hugh Peters reported to divers on his own knowledge being well acquainted with their Persons and practises of late years 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 designes thereby in civill and spiritual respects That he knew very well that Emissaries of the Jesuites never came over in those swarms as they have done since these things were on foot That DIVERS GENTLEMNE CAN BEAR WITNES WITH HIM that they had a CONSISTORY AND COUNCEL 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 seduce 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 years have been sent over from Forraign Seminaries into England under the disguises of converted Jews Physitians Chyrurgions 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 severall late instances I could name To pretermit all instances of diverse particular Jesuites come over into England not only within these few years but moneths discovered by persons of credit with Sir Kenelm Digby who though the son of one of the executed old popish Gunpowder Traitors a dangerous active seducing Jesuited papist if not a professed Jesuit who in the years 1638 and 1639. conspired with the Popes Nuncio and a Conclave of Jesuites sitting in Council at London to subvert our Religion introduce a universall tolleration of the popish Religion in our kingomes new modle and shake our former established government and to poyson destroy the late King himself in case he consented not to them therein and for this very purpose both plotted raised promoted the first Wars between the Protestants of England and Scotland which he abetted all he could by his letters and secret Collections of moneys from all the Papists throughout England and elswhere who
greatest pretenders to publike Liberty Law and the â—heifest inveighers against Arbitrary Regal Tyranny and Power which never publikely established such arbitrary illegal Tryals and new Butcheries of Christian English Freemen by any law and may fall to imitate them in future Ages by their example Each of these I intend to prosecute in distinct Chapters in their order CHAP. 1. 1. For the first of these That the Kingdome and Freemen of England have some ancient Hereditary Rights Liberties Priviledges Franchises Laws and Customs properly called FVNDAMENTAL and likewise a FVNDAMENTALL GOVERNMENT no wayes to be altered undermined subverted directly or indirectly under pain of High Treason in those who shall attempt it especially by fraud force or armed power I Shall confirm the first part of it by these ensuing punctual Authorities of moment against those traiterous late published Pamphlets which professedly deny it and endeavour a totall abrogation of all former Lawes to set up a New modell and Body of the law to rule us for the future according to their pleasures The first is the expresse words of the great Charters of the Liberties of England granted by King John Anno 1215. in the 16 year of his Reign Regranted and confirmed by King Henry the third in the 9 year of his Reign and sundry times afterwards and by King Edward the first in the 25 and 28 years of his reign Wherein these three Kings successively by their several grand Charters under their great Seals did grant give and confirm to all the Nobility is and ever shall be far from the thoughts and intents of all good Kings Governours and Parliament who bear a sincere care and affection to the Subjects of England to alter or innovate them 3. That by these ancient good Laws Priviledges and customs not only the Kings Regall Authority but the peoples Security of lands livings and priviledges both in general and particular are preserved and maintained 4. That by the abolishing or altering of them it is impossible but that present confusion will fall upon the whol state and frame of this Kingdom Which I wish all Innovators and New Modellers of our Lawes and Government would now at last lay seriously to heart and the whole Kingdome and English Nation sadly consider who have found it an experimental truth of late years and no imaginary seigned speculation 3. The third is The Remonâ—trance of the whole House of Commons in Parliament delivered in Writing to King James in the Parliament of 7. Jacobi Anno 1610. which begins thus To the Kings most Excellent Majesty Most Gracious Soveraign Whereas we your Majesties most humble Subjects the Commons assembled in Parliament having received first by Message and since by speech from your Majesty a Command of restraint from debating in Parliament your Majesties Right of imposing upon your Subjects Goods exported out of or imported into this Realm yet allowing us to examine the grievance of these Impositions in regard of quantity time and other circumstances of disproportion thereto incident We your humble Subjects nothing doubting but that your Majesty had no intent by that command to infring the ancient and fundamentall Rights of the Liberty of PARLIAMENT in point of exact discussing of all matters concerning them and their Possessions Goods and Rights whatsoever Which yet we cannot but conceive to be done in effect by this Command Do with all humble Duty make this Remonstrâ—nce to your Majesty First we hold it an Ancient general and undoubted Right of Parliament to debate freely all matters which do properly concern the Subject and his Right or Estate which freedome of debate being once fore-closed the essence of the Liberty of Parliament is withall dissolved c. Here the whole House of Commons in a speciall Remonstrance to King James printed and published by Order of a Committee of the House of Commons for licensing of Books dated 20 Maii 17. Caroli 1641. Declare resolve vindicate and maintain one principal ancient fundamentall general undoubed right of the Liberty of Parliament against the Kings intrenchment on it Of which should they be but once fore closed the Essence of the Liberty of Parliament is withall dissolved And peradventure it may not be unworthy the most serious disquisition of the next ensuing nominal or real Parliament to examine whether some clauses and restrictions in the 9. 12. 14. 16 17. 21. 22. 24 25. 27. 30. 32 33. 36 37 38 39 40. Articles or strings of the New Instrument intituled The Government of the Common-wealth of England Scotland and Ireland and the Dominions thereunto belonging as it was publikely declared at Westminster the 16. day of December 1653 c. do not as much nay far more intrench upon the ancient Fundamental General undoubted Rights and Liberty of Parliament and parliamentary free debates to the dissolution of the Essential liberty of all future Parliaments as this Command of King James did or as the Bishops late Canons imposed on the Clergy in and by the Convocation Anno 1640. ever did and this clause in their c. Oath then made now imitated by others who condemned it I. A. B. do swear that I will never give my consent to alter the Government of this Church by Arch-bishops Bishops Deans and Arch-Deacons c. as it stands now established and as by right it ought to stand Which clause and Oath imposed onely on the Clergy-men Resolved by the whole House of Commons and Peers too in Parliament without one dissenting voice December 16. 1640. to be a most dangerous illegal Oath contrary to the Rights and Priviledges of Parliament and to the Fundamental Laws and Statutes of the Realuâ— c. and of dangerous consequence the contriving whereof was objected to the late Archbishop of Caterbury in his original Articles of High Treason for which amongst other things he lost his head The fourth is the notable Petition of Grievances of the whole House of Commons in Parliament presented to King James in the seventh year of his Reign after their Vote against his Right to levy Impositions on goods imported or exported without assent and grant of Parliament in these ensuing words The Policy of this your Majesties Kingdomes appropriates unto the Kings of this Realm with assent of Parliament as well the Soveraign power of making Laws as that of taxing or imposing upon the Subjects Goods or Merchandises wherein they have justly such a property as may not without their consent be altered or changed this is the cause that the people of this Kingdome as they have ever shewed themselves faithfull and loving to their Kings and ready to aid them in all just occasions with voluntary contributions so have they been ever careful to preserve their own Liberties and Rights when any thing hath been done to prejudice or impeach the same And therefore when their Princes either occasioned by war or by their own bounty or by any other necessity have without consent of
Parliament set on Impositions either within the Land or upon commodities exported or imported by the merchants they have in open Parliament complained of it in that it was done without their consents and thereupon never failed to obtain a speedy and full redresse without any claim made by the Kings of any Power or Prerogative in that point And though the Law of property be original and carefully preserved by the Common Laws of this Real WHiCH ARE AS ANCIENT AS THE KINGDOME IT SELF yet those famous Kings for the better contentment and assurance of their loving Subjects agreed THAT THIS OLD FUNDAMENTAL RIGHT observe the words should be further declared and established by Acts of Parliament wherein it is provided That no such Charge shall ever be laid upon the People without their common Consents as may appear by sundry Records of former times We therefore your Majesties most humble Commons assembled in Parliament following the example of this worthy care of our Ancestors and out of our Duty to those for whom we serve finding that your Majesty without advice of your Lords and Commons hath lately in times of Peace Set both greater Impositions and farre more in number than any your Noble Ancestors did ever in time of Warre do with all humility present this most just and necessary Petition unto your Majesty THAT ALL IMPOSITIONS SET WITHOVT ASSENT IN PARLIAMENT MAY BE QVITE ABOLISHED AND TAKEN AWAY And that your Majesty likewise in imitation of your Royal Progenitors will be pleased that a Law in your time and during this Session of Parliament may be also made to declare That all Imposition of any kinde set or to be set upon your people their Goods or Merchandises save onely by common Consent in Parliament are and shall bâ— Void wherein your Majesty shall not onely Give your Subjects great Satisfaction in point of their Right but also bring exceeding joy and comfort to them who now suffer partly through the abating of the price of Native Commodities and partly through the raising of all Forraign to the overthrow of Merchants and shipping the causing of general dearth and decay of all wealth among your people who will be thereby no lesse discouraged than disabled to supply your Majesty when occasion shall require In which memorable Petition the whole House of Commons resolve in direct terms 1. That the Subjects of England have old original Fundamental Rights and more particularly in the Property of their Goods exempted from all Impositions whatsoever in times of peace or war without their common consent in Parliament declared and established both by the ancient and common law of England and sundry Acts of Parliament and records of former times 2. They declare the constant vigilant care zeal of our ancestors and former Parliaments in all ages inviolably to maintain defend preserve the same against all enchroachments together with their own care duty and vigilancy in this kind in that very Parliament 3. They relate the readinesse of our Kings to ratifie these their Fundamental Rights by new Acts of Parliament when they have been violated in any kinde 4. They declare the benefit accruing both to Prince and People by the inviolable preservation and establishment of this old Fundamental right and the mischiefs accruing to both by the infringment thereof by arbitrary illegall impositions without full consent in Parliament 5. They earnestly in point of Conscience prudence and duty to those for whom they served Petition his Majesty for a new Law and Declaration against all new Impositions and Taxes on inland Goods or Merchandises imported or exported without the peoples free consent in Parliament as null void utterly to be abolished and taken away Whether it will not be absolutely necessary for the whole English Nation and the next ensuing National or reall Parliament to prosecute enact establish such a Declaration and Law against all such former and future arbitrary illegal oppressive Taxes Impositions Excises that have been imposed and continued for many years together on the whole kingdome by new extravagant self-created usurping ARMY-OFFICERS and other Powers without free and full consent of the people in Lawfull English Parliaments against all former Laws Declarations and Resolutions in Parliaments to their great oppression enslaving undoing in far greater proportions multiplicity and variety than ever in former Ages without the least intermission and likewise against their late declared designe to perpetuate them on our exhausted Nation without alteration or diminution beyond and against all presidents of former Ages both in times of Peace and War for the future by the 27 28 29 30 39. Articles of the Instrument entituled The Government of the Common-wealth of England c. I remit to their most serious considerations to determine if ever they resolve to be English Freemen again or to imitate the wisdome prudence zeal courage and laudable examples of their worthy Ancestors from which they cannot now degenerate without the greatest Infamy and enslaving of themselves with their Posterities for ever to the arbitrary wils of present or future Vsurpers on their Fundamental Rights and Liberties in an higher degree then ever in any precedent Ages under the greatest Conquerours or Kings after all their late costly bloody Wars for their Defence against the beheaded King 5 The fifth is A learned and necessary Argument made in the Commons House of Parliament Anno 7. Jacobi to prove That each Subject hath a Property in his Goods shewing also the extent of the Kings Prerogative in Impositions upon the Goods of Merchants exported or imported c. by a late learned Judge of this Kingdome printed at London by Richard Bishop 1641. and Ordered to be Published in Print at a Committee appointed by the Honorable House of Commons for examination and Licensing of Books 20. Maii 1641. In which Parliamentary Argument p. 8. 11. 16. I finde these direct Passages That the New Impositions contained in the Book of Rates imposed on Merchandizes imported and exported by the Kings Prerogative and Letters Patents without consent in Parliament is against the natural Frame and Constitution of the Policy of this Kingdome which is JVS PVBLICVM REGNI AND SO SVBVERTETH THE FUNDAMENTAL LAW OF THE REALM and introduceth a new Form of State and Government Can any man give me a reason why the King can only in Parliament make Laws No man ever read any Law whereby it was so ordained and yet no man ever read that any King practised the contrary therefore IT IS THE ORIGINAL RIGHT OF THE KINGDOME AND THE VERY NATURAL CONSTITUTION OF OUR STATE AND POLICY being one of the highest Rights of Soveraign Power If the King alone out of Parliament may impose HE ALTERETH THE LAW OF ENGLAND IN ONE OF THESE TWO MAIN FUNDAMENTAL POiNTS he must either take the Subjects Goods from them without assent of the Party which is against the law or else he must give his own Letters Patents the force of
to settle Religion in the purity thereof TO MAINTAIN THE ANCIENT and FUNDAMENTALL GOVERNMENT OF THIS KINGDOME TO PRESERVE THE RIGHTS and LIBERTIES OF THE SUBJECT to lay hold on the first opportunity of procuring a safe and well grounded peace in the three Kingdoms and to keep a good understanding between the two Kingdomes of England and Scotland according to the grounds expressed in the Solemn League and Covenant And lest these generals should not give a sufficient satisfaction we have thought fit to the end men might no longer be abused in a misbelief of our intentions or a misunderstanding of our actions to make a further enlargement upon the particulars And first Concerning Church-Government c. because we cannot consent to the granting of an Arbitrary and unlicensed Power and Jurisdiction to neer ten thousand Judicatories to be erected within this Kingdome and this demanded in such a way as is not consistent with the FVNDAMENTAL LAWS and GOVERNMENT OF THE SAME c. Our full resolutions still are sincerely really and constantly to endeavour the Reformation of Religion in the Kingdome of England and Ireland in Doctrine Worship and Government according to the word of God and the example of the best Reformed Churches and according to the Covenant WE ARE SO FARRE FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOME BY KING LORDS and COMMONS that we have onely desired that with the consent of the King such Power may be settled in the TWO HOVSES without which we can have no assurance but that the like or greater mischiefs than those which God hath hither to dilivered us from may break out again and engage us in a second and more destructive war whereby it plainly appears Our intentions are not to change the Antient Frame of Government within this Kingdome but to obtain the end of the Primitive Institution of all Government The safety and weal of the People not judging it wise or safe after so bitter experience of the bloody consequence of a pretended Power of the Militia in the King to leave any colourable authority in the same for the future attempts of introducing AN ARBITRARY GOVERNMENT OVER THIS NATION We do declare That we will not nor any by colour of any Authority derived from us shall interrupt the ordinary course of Justice in the severall Courts of Judicatories of this Kingdome nor intermeddle in the cases of private interest other where determinable unlesse it be in case of male-Administration of Justice wherein we shall see and provide that Right be done and punishment inflicted as there shall be occasion ACCORDING TO THE LAWS OF THE KINGDOME Lastly Whereas both Nations have entred into a Solemn League and Covenant we have and EVER SHALL BE VERY CAREFULL DULY TO OBSERVE THE SAME that as nothing hath been done SO NOTHING SHALL BE DONE BY US REPUGNANT TO THE TRUE MEANING AND INTENTION THEREOF c. WHO WILL NOT DEPART FROM THOSE GROUNDS AND PRINCIPLES upon which it was framed and founded Though the generality of the afterwards secured and secluded Majority of the House of Commons endeavoured constantly to make good this Declaration in all particulars yet how desperatly the garbled Minority thereof continuing in power after their Seclusion prevaricated apostatized and falsified their Faith herein in every particle in the highest degree we cannot but with greatest grief of heart and detestation remember to the subversion ruine of our King Lords Commons Kingdome Parliaments Fundamentall Laws Government and the peoples Liberties c. almost beyond all hopes of restitution or reparation in humane probability without a miracle from heaven The Lord give them grace most seriously to consider repent of and really sincerely reform it now at last and to make it the principle subject of their prescribed publike Humiliations Fasts and Lamentations as God himself prescribes Isa 58. 5 6 7 8. Jer. 34. 8. to 22. Ezech. 19. 1. 14. Hos 10. 3 4. and not still to adde drunkennesse to thirst lest they bring them to temporall and eternal condemnation for it in Gods own due time and engender endlesse Wars Troubles Taxes Changes Confusions in our Kingdomes as they have hitherto done and will do till all be restored to their just Rights Powers Places Possessions and Liberties By this full Jury of Parliamentary Authorities to omit many others of like or inferiour nature and lesse moment it is undeniable That the people of England have both ancient Fundamentall Rights Liberties Franchises Laws and a Fundamental Government which like the Laws of the Medes and Persians neither may nor ought to be altered or innovated upon any pretence but perpetually maintained defended with greatest care vigilancy resolution and he who shall deny or oppugn it deserâ—â—s no refulation by further arguments since it is a received Maxime in all Arts Contra Principia negantem non est disputandum but rather demerits a sentence of Condemnation and publike execution at Tyburn as a Common Enemy Traitor to our Laws Liberties Nation it being no lesse than a transcendent crime and High Treason by our Laws for any person or persons secretly or openly to attempt the undermining or subversion of our fundamental laws rights Liberties Government especially by fraud treachery force or armed power and violence the later part of my first proposal which I shall now confirm by these twelve following Presidents and Evidences corroborating likewise the former part That we have such Fundamental laws liberties rights franchises and a fundamental Government too In the fifth year of King Richard the second the vulgar rabble of people and villains in Kent Essex Sussex Norfolk Cambridge-shire and other Counties under the Conduct of Wat Tyler Jack Straw and other Rebels assembling together in great multitudes occasioned at first by the new invented Tax of Poll-money granted by Parliament and the over-rigorous levying thereof on the people by the Kings Officers though nothing so grievous as our Excises Contributions new Imposts now so long exacted without any legal Grant in true free and full English Parliaments resolved by force and violence to abrogate the law of Villenage with all other laws they disliked formerly setled to burn all the Records kill and behead all the Judges Justices and men of law of all sorts which they could get into their hands to burn and destroy the Inns of Court as they did then the new Temple where the Apprentices of the law lodged burning their Monuments and Records of Law there found to alter the tenures of lands to devise new laws of their own by which the Subjects should be governed to change the ancient Hereditary Monarchicall Government of the Realm and to erect petty elective Tyrannies and Kingdomes to themselves in every shire A project eagerly prosecuted by some Anarchicall Anabaptists Jesuits Levellers very lately and though withall they intended to destroy the King at last and all the Nobles too when they had gotten sufficient power yet at first to
cloak their intentions from the people they took an Oath of all they met Quod Regi Communibus fidelitatem servarent that they should keep Allegiance and Faith to the King Commons Yea Wat Tyler demanded a Commission from the King to behead all Lawyers Escheaters and others whatsoever that were learned in the laws or communicated with the law by reason of their Office conceiving in his minde that this being brought to passe all things afterwards would be ordered according to his own and the common peoples fancy And he made his vaunt putting his hand to his own lips That before scure dayes came to an end ALL THE LAWS OF ENGLAND SHOULD PROCEED FROM HIS MOUTH Which some of late times seem to speak not only in words but deeds by their manifold new laws and Edicts repealing or contradicting our old This their resolution and attempt thus to alter and subvert the Laws and Government upon full debate in the Parliament of 5. R. 2. n. 30. 31. was declared to be High-Treason against the King and the Law for which divers of the chief Actors in this Treasonable Designe were condemned and executed as Traitors in severall places and the rest enforced to a publike submission then pardoned Let these imitators now remember this old President 2. In the Parliament of 11. R. 2. as appears by the Parliament Rols and printed Statutes at large three Privy Councellours the Archbishop of York the Duke of Ireland and the Earl of Suffolk the Bishop of Exeter the Kings Confessor five Knights six Judges whereof Sir Robert Tresylian Chief Justice was one Blake of the Kings Councel at Law Vsk and others were impeached and condemned of High Treason some of them executed as Traitors the rest banished their lands and goods forfeited and none to endeavour to procure their pardon under pain of Felony for their endeavouring to overthrow a Commission for the good of the Kingdome contrary to an Act of Parliament by force of Arms and opinions in Law delivered by these temporizing Judges and Lawyers to the King through threats and terrour at Nottingham Castle tending to subvert the Laws and Statutes of the Realm overthrow the Power Priviledges and proceedings of Parliament and betray not all the House of Lords but only some of the Lords of Parliament Which Judgement being afterwards reversed in the forced and packed Parliament of 21. R. 2. was reconfirmed in the Parliament of 1 H. 4. c. 3 4 5. and the Parliament of 21. R. 2. totally repealed and adnulled for ever and hath so continued Read Statut. at large 3. In the Parliament of 17 R. 2. n. 20. and Pas 17 R. 2. B. Regis Rot. 16. Sir Thomas Talbot was accused and found guilty of High Treason for conspiring the death of the Dukes of Glocester Lancaster and other Peers who maintained the Commission confirmed by Act of Parliament 10. R. 2 and assembling people in a warlike manner in the County of Chester for effecting of it in destruction of the estates of the Realm and the Laws of the Kingdome 4. In the 29. year of King Henry the sixth Jack Cade under a pretence to REFORM alter and abrogate some laws Purveyances and Extortions importable to the Commons whereupon he was called JOHN AMEND ALL drew a great multitude of Kentish people to Black-heath in a warlike manner to effect it In the Parliament of 29 H. 6. c. 1 this was adjudged High Treason in him and his Complices by Act of Parliament and the Parliament of 31. H. 6. c. 1. made this memorable Act against him and his Imitators in succeding ages worthy serious perusal and consideration by all who tread in his footsteps and over-act him in his Treasons Whereas the most abominable Tyrant horrible odious and errant FALSE TRAYTOR John Cade calling himself sometimes Mortimer sometime Captain of Kent which Name Fame Acts and Feats be to be removed out of the speech and minde of every faithfull Christian man perpetually falsly and traiterously purposing and imagining the perpetuall destruction of the KINGS PERSON and FINAL SVBVERSION OF THIS REALM taking upon him ROYALL POWER and gathering to him the Kings People in great number BY FALSE SVBTIL IMAGINED LANGVAGE and seditiously made a stirring Rebellion and insurrection VNDER COLOVR OF JVSTICE FOR REFORMATION OF THE LAWS OF THE SAID KING robbing slaying spoiling a great part of his faithfull people Our said Soveraign Lord the King considering the premises with many other which were more odious to remember by advice and assent of the Lords Spiritual and Temporal and at THE REQUEST OF THE COMMONS and by Authority aforesaid Hath ordained and established that the said John Cade shall be had named and declared A FALSE TRAYTOR to our said Soveraign Lord the King and that all his Tyranny Acts Feats false Opinions shall be voided abated adnulled destroyed and put out of remembrance for ever And that all Indictments and things depending thereof had and made under the power of Tyranny shall likewise be void adnulled abated repealed and holden for none and that the blood of none of them be defiled nor corrupted but by the Authority of the said Parliament clearly declared for ever And that all Indictments in time coming in like case under power of Tyranny Rebellion and stirring had shall be of no regard or effect but void in Law And all the Petitions delivered to the said King in his last Parliament holden at Westminster the sixth day of November the 29. of his Reign against his minde by him not agreed shall be taken and put in Oblivion out of Remembrance undone voided adnulled and destroyed for ever as a thing purposed against God and his Conscience and against his Royal estate and preheminence and also DISHONORABLE and UNREASONABLE 5. In the 8 year of King Henry the 8. William Bell and Thomas Lacy in the County of Kent conspired with Thomas Cheney the Hermite of the Queen of Fairies TO OVER THROW THE LAWS AND CUSTOMS OF THE REALM for effecting whereof they with 200 more met together and concluded upon a course of raising greater forces in Kent and the adjacent Shires This was judged High Treason and some of them executed as Traitors Moreover it was resolved by all the Judges of England in the reign of Henry 8. that an Insurrection against the Statute of Laborers or for the inhansing of Salaries and wages or against any Statute or to remove Councellors or to any other end pretending Reformation of their own heads was TREASON and a levying war against the King BECAVSE IT WAS GENERALLY AGAINST THE KINGS LAW and the Offenders took upon them THE REFORMATION THEREOF which Subjects by gathering of power ought not to do 6. On December 1. in the 21. year of King Henry the 8. Sr. Thomas Moore Lord Chancellour of England with fourteen more Lords of the Privy Councel John Fitz-James Chief Justice of England and Sir Anthony Fitz-Herbert Herbert
Ecclesiasticall Censures Excommunication Suspension Deprivation and Degradation CONTRARY TO THE LAWS of this kingdome Thirteenth He did by his own authority and power contrary to Law procure sundry of his Majesties Subjects and enforced the Clergy of this Kingdome to contribute towards the maintenance of the War against the Scots That to preserve himself from being questioned for these other his Traiterous courses he hath laboured to subvert the Rights of Parliament and the ancient course of Parliamentary proceedings and have not the Army Officers and others actually done it since upon the same accompt and by false and malicious slanders to incense his Majesty against Parliaments All which being proved against him at his Triall were after solemn Argument by Mr. Samuel Brown in behalf of the Commons House proved and soon after adjudged to be High Treason at the Common Law by both Houses of Parliament and so declared in the Ordinance for his Attainder for which he was condemned and beheaded as a Traitor against the King Law and Kingdom on Tower Hill January 10. 1644. 11. In the same Parliament December 21. Jan. 14. Febr. 11. 1640. and July 6. 1641. Sir John Finch then Lord Keeper Chief Justice Bramston Judge Berkley Judge Crawly Chief Baron Davenport Baron Weston and Baron Trevour were accused and impeached by the House of Commons by several Articles transmitted to the Lords OF HIGH TREASON for that they had Traiterously and wickedly endeavoured to subvert the Fundamental Laws and established Government of the Realm of ENGLAND and instead thereof to introdâ—ce an Arbitrary and Tyrannical Government against Law which they had declared by traiterous and wicked words opinions judgements and more especially in this their extrajudiciall opinion subscribed by them in the case of Ship money viz. We are of opinion that when the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger your Majesty may by Writ under the Great Seal of England without consent in Parliament command all your Subjects of this your Kingdome at their charge to provide and furnish such a number of Ships with Men Victuall and Ammunition and for such time as your Majesty shall think fit for the Defence and safeguard of the Kingdome from such danger and perill And we are of Opinion that in such case your Majesty is the sole Judge both of the danger and when and how the sume is to be prevented and avoided And likewise for arguing and giving judgment accordingly in Mr. John Hampdens case in the Exchequer Chamber in the point of Ship money in April 1638 which said opinions are Destructive to the Fundamental Laws of the Realm the Subjects Right of Property and contrary to former Resolutions in Parliament and the Petition of Right as the words of their severall Impeachments run Sir John Finâ—h fled the Realm to preserve his head on his shoulders some others of them died through fear to prevent the danger soon after their Impeachments and the rest who were lesse peccant were put to Fines 12. Mr. John Pym in his Declaration upon the whole matter of the charge of High Treason against Thomas Earl of Strafford Aprill 12. 1641. before a Committee of both Houses of Parliament in Westminster Hall printed and published by Order of the House of Commons proves his endeavour to subvert the Fundamental Laws of England and to introduce an Arbitrary Power to be High Treason and an offence very hainous in the nature and mischievous in the effects thereof which saith he will best appear if it be examined by that universall and supream Law Saluâ— Populi the element of all Laws out of which they are derived the end of all Laws to which they are designed and in which they are perfected 1. It is an offence comprehending all other Offences Here you shall finde several Treasons Murthers Rapines Oppressions Perjuries There is in this Crime a Seminary of all evils hurtfull to a State and if you consider the Reasons of it it must needs be so The Law is that which puts a difference betwixt good and evill betwixt just and unjust If you take away the law all things will fall into confusion every man will become a law to himself which in the depraved condition of humane nature must needs produce many great enormities Lust will become a Law and Envy will become a law Covetousnesse and Ambition will become laws and what Dictates what decisions such laws will produce may easily be discerned in the late Government of Ireland and England too since this The law hath a power to prevent to restrain to repair evils without this all kindes of mischiefs and distempers will break in upon a State It is the Law that intitles the King to the Allegiance and Service of his people it intitles the People to the Protection and Justice of the King c. The Law is the Boundary the measure betwixt the Kings Prerogative and the Peoples Liberties whiles these move in their Orbe they are a support and security to one another but if these Bounds be so removed that they enter into contestation and conflict one of these great mischiefs must needs ensue if the Prerogative of the King overwhelm the Liberty of the people it will be turned into Tyranny If Liberty undermine the Prerogative it will turn into Anarchy The Law is the safegard the custody of all private interests your Honours your Lives your Liberties and your estates are all in the keeping of the Law without this every man hath a like Right to any thing and this is the condition into which the Irish were brought by the Earl of Strafford and the English by others who condemned him And the reason which he gave for it hath more mischief than the thing it self THEY ARE A CONQUERED NATION let those who now say the same of England as well as Scotland and Ireland consider and observe what followes There cannot be a word more pregnant and fruitfull IN TREASON than that word is There are few Nations in the world that have not been conquered and no doubt but the conquerour may give what Laws he please to those that are conquered But if the succeeding Parts and Agreements do not limit and restrain that right what people can be secure England hath been conquered and Wales hath been conquered and by this reason will be in little better case than Ireland If the King by the Right of a Conquerour give Lawes to his people shall not the people by the same reason be restored to the Right of the conquered to recover their Liberty if they can What can be more hurtful more pernicious than such Propositions as these 2. It is dangerous to the Kings Person and dangerous to his Crown it is apt to cherish ambition usurpation and oppression in great men and to beget sedition discontent in the people and both these have been and in reason must ever be great causes of trouble
frequently universally invaded assaulted undermined by our Kings and their evil Instruments heretofore and others since and thereupon more strenuously frequently vigilantly maintained fenced regained retained by our Nobles Parliaments and the people in all Ages till of late years than any or all of the rest put together though every of them hath been constantly defended maintained when impugned or incroached upon by our Ancestors and our selves 1 That no Tax Tallage Aid Subsidy Custom Contribution Loan Imposition Excise or other Assesment whatsoever for defence of the Realm by Land or Sea or any other publick ordinary or extraordinary occasion may or ought bee imposed or leavied upon all or any of the Freemen of England by reason of any pretended or real Danger Necessity or other pretext by the Kings of England or any other Powers but only with and by their common consent and grant in a free and lawful English Parliament duly summoned and elected except only such antient legal Ayds as they are specially obliged to render by their Tenures Charters Contracts and the common Law of England 2 That no Free-man of England ought to bee arrested confined imprisoned or in any private Castles or remote unusual Prisons under Souldiers or other Guardians but only in usual or Common Gaols under sworn responsible Goalers in the County where he lives or is apprehended and where his friends may freely visit and releeve him with necessaries And that only for some just and legal Cause expressed in the Writ Warrant or Process by which he is arrested or imprisoned which ought to be legally executed by known legal responsible sworn Officers of Justice not unknown Military Officers Troopers or other illegal Catchpolls That no such Free-man ought to bee denied Bail Mainprise or the benefit of an Habe as Corpus or any other Legal Writ for his enlargement when Bailable or Mainprizable by Law nor to be detained Prisoner for any real or pretended Crime not bailable by Law longer than until the next general or special Gaol-delivery held in the County where he is imprisoned when and where he ought to be legally tried and proceeded against or else enlarged by the Justices without denial or delay of Right and Justice And that no such Free-man may or ought to be out-lawed exiled condemned to any kinde of Corporal punishment loss of Life or Member or otherwise destroyed or passed upon but only by due and lawful Process Indictment and the lawful Trial Verdict and Judgement of his Peers according to the good old Law of the Land in some usual Court of publick Justice not by and in new illegal Military or other Arbitrary Judicatories Committees or Courts of High Justice unknown to our Ancestors 3 That the ordinary standing Militia Force and Arms of the Kingdom ought to reside in the Nobility Gentry Freeholders and Trained Bands of the Kingdom not in Mercenary Officers and Souldiers receiving pay and Contributions from the people more apt to oppress inslave betray than protect their Laws Liberties and to protract than end their Warres and Taxes That no Free-men of England unless it bee by special Grant and Act of Parliament may or ought to be compelled enforced pressed or arrayed to go forth of his own County much less out of the Realm into forreign parts against his will in times of Warre or Peace or except he be specially obliged thereto by antient Tenures and Charters save only upon the sudden coming of strange enemies into the Realm and then he is to array himself only in such sort as he is bonnd to do by the ancient Laws and Customs of the Kingdom still in force 4 That no Free-man of England may or ought to be disinherited disseised dispossessed or deprived of any Inheritance Free-hold Office Liberty Custom Franchise Chattles Goods whatsoever without his own Gift Grant or free Consent unless it be by lawful Processe Trial and Judgement of his Peers or special Grant by Act of Parliament nor to be denied or delayed common Right or Justice in any case 5 That the old received Government Laws Statutes Customs Priviledges Courts of Justice legal Processe of the Kingdom and Crown ought not to be altered repealed suppressed in any sort nor any new form of Government Law Statute Ordinance Court of Judicatury Writâ— or legal proceedings instituted or imposed on all or any of the Free-men of England by any person or persons but only in and by the Kingdoms peoples free and full precedent consent in a lawful Parliament wherein the Legislative power solely resides 6 That Parliaments ought to be duly summoned and held for the good and safety of the Kingdom every year or every three years at least or so soon as there is just occasion That the Election of all Knights Citizens and Burgesses to sit and serve in Parliament and so of all other Elective Officers ought to be free That all Members of Parliament Hereditary or Elective ought to be present and there freely to speak and vote according to their Judgements and Consciences without any over-awing Guards to terrifie them and none to be forced sequestered or secluded thence by force or fraud That all Parliaments not thus duly and freely summoned elected freely held but unduly packed without due Elections or by forcible secluding securing any of the Members or not summoning all of them to the Parliament and all Acts of Parliament fraudulently or forcibly procured by indirect means ought to be nulled repealed reputed voyd and of dangerous president 7 That neither the Kings nor any Subjects of the Kingdom of England may or ought to be summoned before any Forreign Powers or Jurisdictions whatsoever out of the Realm or within the same for any manner of Right Inheritance Thing belonging to them or Offence done by them within the Realm nor tried nor judged by them 8 That all Subjects of the Realm are obliged by Allegiance Oaths and duty to defend their lawful Kings Persons Crowns the Laws Rights and Priviledges of the Realm and of Parliament against all Usurpers Traytors Violence and Conspiracies And that no Subject of this Realm who according to his Duty and Allegiance shall serve his King in his Warres for the just defence of him and the Land against Forreign Enemies or Rebels shall lose or forfeit any thing for doing his true duty service and allegiance to him therein but utterly be discharged of all vexation trouble or losse 9 That no publick Warre by Land or Sea ought to be made or leavied with or against any Forreign Nation nor any publick Truce or League entred into with Forreign Realms or States to binde the Nation without their common advice and consent in Parliament 10 That the Kings of England or others cannot grant away alien or subject the Crown Kingdom or antient Crown Lands of England to any other without their Nobles and Kingdoms full and free consent in Parliament That the antient Honours Manors Lands Rents
PREJVDICIAL TO THE REALM and VERY BVRDENSOME TO THE PEOPLE and specially TO GRANT TO THE SAID KING A SUBSIDY FOR CERTAIN YEARS TO THE OPPRESSING OF His People overmuch That although the Lands and Tenements Goods and Chattels of every Freeman by the Laws of the Realm used in all former ages past ought not to be seized unless they had forfeited Yet notwithstanding the said King purposing endeavouring to enervate these Laws in the presence of very many of the Lords and Commons of this Realm frequently said and affirmed That the Life Lands Tenements Goods and Chattles of every one of his Subjects are at his will and pleasure without any Forfeiture by the known Laws which is altogether contrary to the Laws customs of the Realm aforesaid Whether all these high Misdemeanors charged against King Richard have not been revived and acted over and over both by words and deeds in a farre higher degree than ever he was guilty of them by some late present Whitehall Grandees Army-Officers New Instrument-makers Legitors and Imposers of Excises Customs Imposts Tonnage Poundage Contributions for many years yet to come and of that constant Annual Revenue projected intended by them in their 27 Article I remit to their own judgements consciences and our whole Kingdom to resolve and what they demerit for such extravagant high offences for which he lost Crown and Regal power let others determine The 3. particular is their late incumbent Imposition of 6. Moneths new Contribution by a meer Self-enacted Whitchall Jurisdiction without any consent grant in or by the People in Parliament by that they intitle An Ordinance of the 8. of â—une 1654. beginning thus in a most imperial Stile transcending all former Acts of Parliament granting or imposing any Subsidies without any Prologue to sweeten it or court the people to its ready payment Be it Ordained and Enacted by his Highness the Lord Protector with the consent of his Council and it is hereby Ordained That towards the maintenance of the Armies and Navies of this Commonwealth An Assessement of one Hundred and Twenty Thousand Pounds per Mensem for Three Monethe commencing the 24 of Iune 1654 and ending the 29 of Sept. following shall be Taxed Levied Collected and Paid in England and Wales in such sort as is hereafter expressed The full sum of the said Three Months Assessment of One hundred and twenty thousand pounds by the Month to be at once wholly collected and paid in to the Receivers Generall at or before the tenth day of October next c. The Levying thereof upon the refusers hath been by distress of Goods by Souldiers Troopers and quartering them on the refusers till payment and double the value many times paid to and exacted by the Souldiers for their pains adjudged even by some of our New Grandees Votes who prescribe such Taxes and wayes of levying them to be No less then High Treason and levying Warre in Straffords case for which principally he was condemned and lost his head on Tower Hill as a Traytor In this New Whitehall Tax without a Parliament intended as a leading President to bind the whole Nation in perpetuity if now submitted to as the 27 Article intimates there is a double violation subversion of the Fundamental Laws and Properties of the Nation in the Highest degree The first is by the reviving imposing of Ship-mony on the whole Realm and all Inland Counties as well as Maritine for the Maintenance of the Navies by Sea which should be maintained only by the Customs and that in a farre higher proportion than the Shipmony imposed by Writs by our late beheaded King amounting to no less than Forty thousand pounds per Mensem at last by way of Contribution alone besides the Customs Tonnage Poundage and Excise paid towards it This Imposition of Shipmony by the late King though ratified with the advise and consent of his Council many colourable Presidents Records in all former ages and the precedent Resolution of all his Iudges under their hands as just and legally imposed in case of Necessity and Publike danger only without consent in Parliament together with the Iudgement and Proceedings of the Iudges in the Eschequer Chamber in justification thereof were in the last Parliament after solemne debate by the Votes and Iudgements of both Houses on the 20. Ian. and 26 February resolved Nemine contradicentâ— To be contrary to the Laws and Statutes of this Realm contrary to the Rights and Properties of the Subjects of this Realm contrary to former Iudgements in Parliament contrary to the great Charter and to the Petition of Right and voted to be so declared by the Iudges at the Assizes in the severall Counties the same to be entred and inrolled in the severall Counties by the Clerks of the Assises After which it was for ever damned by a special Act of Parliament to which the King himself gave his Royal assent afterwards cited and enforced by both Houses Exact Collection p. 886. 887. in the case of the Array And those Iudges who argued That the King might lawfully impose Shipmony on the Subjects without a Parliament in cases of Danger and Necessity of which they affirmed him to be the sole Iudge were by all impeached by the House of Commons of High Treason for these Opinions of theirs whereby they trayterously and wickedly endeavoured to subvert The Fundamental Laws and established Government of the Realm of England and instead thereof to set up an Arbitrary and Tyrannical Government against Law of which at large before How any present Powers or Persons then can either impose justify levy enforce it upon any Pretext of Necessity or publique Danger on the whole Nation after all these late Resolutions Iudgements Votes Impeachments and a special Act of Parliament so fresh in memory especially such who were parties to them without incurring the self-same Impeachments and guilt as these Ship-mony Iudges did or a severer Censure then they sustained let their own Conscsences and those who may onâ— day prove their Iudges resolve them at leasure being past my skill to doe it The 2. is By the imposing of a direct heavy Tax Tallage and Monthly contrâ—bution and that only for the Maintenance of such a Land Army which hath offered force unto the Members of both Houses subverted destroyed that Parliament Government Laws Libertie for whose preservation they were specially raised Commissioned engaged without yea against the Peoples assent in Parliament which no King of England with the advice and consent of his Council had ever any Right or Power to doe or audacity enough to attempt no not William the Conqueror Câ—nute Henry the 4th Edward the 4th or Henry the 7th who came principally by power of the Sword to their Soveraign Regall Authorities By what Justice Power Legal Right any other person or persons whatsoever who are neither rightfull Kings nor Parliaments of England in their own or others repute can either impose levy exact such
Bull the Jesuites after her decease disswaded the Romish-minded Subjects from yielding in any wise obedience to King James as their Soveraign and entrâ—d into a Treasonable Conspiracy with the Lord Cobham Lord Gray and others against him to imprison him for the ends aforesaid or destroy him pretending that King Iames was no King at all before his Coronation and that therefore they might by force of Arms lawfully surprise his person and Prince Henry his Son and imprison them in the Tower of London or Dover-Castle till they inforced them by duress to grant a free toleration of their Catholick Religion to remove some evil Counsellors from about them and to grant them a free Pardon for this violence or else they would put some further project in execution against them to their destruction But this Conspiricy being discovered The Traytors were apprehended arraighned condemned and Watson and Clerk two Jesuited Priests who had drawn them into this Conspiracy upon the aforesaid Pretext with some others executed as Traytors all the Iudges of England resolving that King Iames being right Heir to the Crown by descent was immediately upon the death of Queen Elizabeth actually possessed of the Crown and lawful King of England before any Proclamatâ—on or Coronation of him which are but Ceremonies as was formerly adjudged in the case of Queen Mary and Queed Iane 1 Mariae there being no Interregnum by the Law of ENGLAND as is adjudged declared by Act of Parliament 1 Iac. c. 1. worthy serious perusal 8. their horrid Gun-powder Treason Plot contrived fomented by Garnet Superiour of the English Jesuites Gerard Tensmod and other Jesuites who by their Apostolical power did not onely commend but absolve from all sin the other Jesuited Popish Conspirators and Faux The Sculdier who were their instruments to effect it Yea the Jesuitical Priests were so Atheistical as that they usually concluded their Masses with Prayers for the good success of this hellish Plot which was suddenly with no less then 36 Barrels of Gunpowder placed in a secret Vault under the House of Lords to have blown up and destroyed at once King James himself the Queen Prince Lords Spirituall and Temporal with the Commons assembled together in the Upper-House of Parliament upon the 5 of November Anno Dom. 1605. and then forcibly to have seised with armed men prepared for that purpose the persons of our late beheaded King then Dake of York and of the Lady Elizabeth his Sister if absent from the Parliament and not there destroyed with the rest that so there might be none of the Royal Line left to inherit the Crown of England Scotland and Ireland to the utter overthrow and subversion of the whole Royal Family Parliament State and Government of this Realm Which unparallel'd inhumane bloody Plot being miraculously discovered prevented the very day before its execution in perpetual detestation of it and of the Jesuites and their traiterous Romish Religion which both contrived and approved it the 5 day of November by the Statute of 3 Jacobi ch 1. was enacted to be had in perpetual Remembrance that all Ages to come might thereon meet together publickly throughout the whole Nation to render publick praises unto God for preventing this infernal Jesuitical Design and keep in memory this joyful Day of Deliverance for which end special forms of publick Prayers and Thankesgivings were then appointed and that Day ever since more or less annually observed till this present And it is worthy special observation that had this Plot taken effect It was agreed by the Jesuites and Popish Conspirators before-hand That the Imputation of this Treason should be cast upon the Puritans to make them more Odious as now they father all the Powder-Plots of this kinde which they have not onely laid but fully accomplished of late yeers against the King Prince Royal Posterity the Lords and Commons House our old English Parliaments and Government upon those Independents and Anabaptistical Sword-men whom they now repute and stile the most reformed PURITANS who were in truth but their meer under Instruments to effect them When as they originally laid the Plots as is clear by Campanella's Book De Monarchia Hisp ch 25. and Cardinal Richelieu his Instructions at his death to the King of France And it is very observable that as Courtney the Jesuite Rector of the English Jesuites Colledge at Rome did in the year 1641. when the name of Independents was scarce heard of in England openly affirm to some English Gentlemen and a Reverend Minister of late in Cornwal from whom I had this Relation then and there feasted by the English Jesuites in their Colledge That now at last after all their former Plots had miscarried they had found out a sure way to subvert and ruine the Church of England which was most formidable to them of all others by the Independents who immediately after by the Jesuites clandestine assistance infinitely encreased supplanted the Presbyterians by degrees got the whole power of the Army and by it of the Kingdom into their hands then subverted both the Presbyterian Government and Church of England in a great measure with the Parliament King and his Posterity as Monsieur Militiere a Jesuited French-Papist observes So some Independent Ministers Sectaries and Anabaptists ever since 1648. have neglected the observation of the fifth of November as I am credibly informed and refused to render publick thanks to God for the deliverance thereon contrary to the Act for this very reason which some of them have rendered That they would not mock God in publick by praising him for delivering the late King Royal Posterity and House of Lords from destruction then by Jesuites and Papists when as themselves have since destroyed and subverted them through Gods providence and repute it a special mercy and deliverance to the Nation from Tyranny and Bondage for which they have cause to bless the Lord Performing that for the Jesuites and Powder-Traytors which themselves could not effect The Lord give them grace and hearts to consider how much they acted the Jesuites and promoted their very worst Designes against us therein what infamy and scandal they have thereby drawn upon all zealous Professors of our Protestant Religion and what will they do in the end thereof 9. To omit all other Forraign instances cited in Speculum Jesuiticum p. 124 to 130. where you may peruse them at leisure By their poysoning King Iames himself in conclusion as some of them have boasted 10. By the Popes Nuntio's and a Conclave of Jesuites Conspiracy at London Anno 1640. to poyson our late King Charles himself as they had poysoned his Father with a poysoned Indian Nut kept by the Jesuites and shewed often by Conne the Popes Nuntio to the Discoverer of that Plot or else to destroy him by the Scotish wars and troubles raised for that very end by the Jesuites in case he refused to grant them a
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 than 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 own Birth-rights Freedom 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 Li-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 me in this their Viâ—dication 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 be content to be as freely told of and reprehended for their frauds 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 lâ—sse 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 judgement 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 â—rick them was with much ease 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 of late here objected against the King Jesuitical and Popish ill Counsellors And whosoever will peruse the several Speeches and Declarations made upon the breaking up of former Parliaments since the beginnning of his Majesties Reign will find the pretences of those unjust and illegal Dissolutions to be grounded upon the exceptions against some particular Members under the name of A few factious and seditious persons so that the aspersing and wounding of the Parliament through the sides of a few Members is no new invention And hath not this been the very Army-Officers practise since the first year of their reign till now to wound the last real Parliament yea their own late dissolved Mock Parliaments since through the sides of a few corrupt Members or a corrupt Majority in the House as all their Printed Declarations upon their dâ—ssolutions attest And is this then no crime or no Jesuitical practise in them though such in the late King and his ill Counsellors And for the satisfaction of all indifferent men that this War is raised against the Parliament we shall refer them to former Declarations â—issued out in His Majesties name being so many invectives and ground lesse accusations not against particular Members only but against the Vote and proceedings of both Houses And are not many of the Armies Declarations in 1647. and 1648. yea the late Pamphlet of some present Grandees intituled A True State of the Case of the Commonwealth of England Printed 1654 Such let them now then see whence they took their pattern even from the beheaded Kings Jesuited evil Counsellors whose steps they exactly trace in this But if the truth were as that Declaration seems to imply That this Army is raised to force some particular Members of this Parliament to be delivered up yet upon that ground would it follow that the same is levied against the Parliament For it cannot be denied by any ingenious man but that the Parliament by their inherent rights and priviledges hath the power to judge and punish their own Members yet the Army Officers took upon them to secure seclude them without Charge and their future New-minted Parliament Members though only elected by the People must be tryed judged by the new Whitehall Members ere they can be admitted to sit Article 21 of the New Government And we have often declared to His Majestie and the World That we are alwayes ready to receive any evidence or accusations against any of them and to judge and punish them according to their demerits yet hitherto no evidence produced no Accuser appearing And yet notwistanding to raise an Army to compel the Parliament to expose those Members to the fury of those wicked Counsellors that thirst for nothing more than the ruine of them and the Commonwealth What can be more evident than that the same is levied against the Parliament For did they prevail in this then by the same reason pray observe it They might demand 20 more and never rest satisfied until their malice and Tyrany did devour all those Members they found crosse and opposite to their lewd and wicked designs And was not this the practice of the Army-Officers who levied a real actual War against the Parliament They first impeached secluded XI Members of the Commons-House and some Lords soon after An. 1647. 〈◊〉 then they secluded other Members by their high Declaration of Aug. 18. 1647. after that they secured imprisoned my self with 44 Members more and secluded the greatest part of the Commons House leaving not above 50 or 60 at first sitting who confederated with them in December 1648. within two moneths after this they beheaded the King then suppressed the whole Lords House to carry on their designs since acted At last they dissolved their own Mock Parliaments when they crossed their ambitious aspires What they did in September last since this was first penned to those now sitting is fresh in memory Touching the Privileges of Parliament which the contrivers of that Declaration in his Majesties name and the Contrivers of sundry Declarations since in the Armies name who imitated them herein seem to be so tender of and to professe all conformity unto and deny this Army to be raised in any degree
the Mask and Visard of their Hypocrifie what their the Kings ill Counsels design is To Subject both King and Parliament and Kingdom 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 grief 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 Jesuitical Counsellers and most desperate Popish Army in violating subverting both the Parliaments Priviledges Members and Parliaments themselves together with our Fundamental Laws Liberties Government for whose preservation they were only raised paid How have they pursued the Kings and his worst Jesuited Counsellers footsteps in all the charges here objected against them by both Houses in relation to the Parliaments priviledges Members Constitution Rights Laws to their utter subversion dissolution and waged war against them And doth not every man plainly discern through the Mask and Visard of their Hypocrifie to use both Houses expressions that their design 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 Kingdom to their needy ambitious avaritions spirits and to the violent Laws marshal 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 Kingdom as the Houses elswhere thrice objected against the late King his Army and party being the very design as many wisemen fear of the 27 Article of their New Government to settle a constant Annual revenue for the maintenance of 20000 Foot 10000 Horse and Dragoones to be alwayes constantly kept up Winter and Summer without disbanding or diminution for the Defence and Security of England Scotland and Ireland Which must henceforth be kept under by Mercinary Foâ—ces to guard of Protectors when as the Heathen Poet assures us â—nteger vitae scelâ—risque purus non eget Mauri jaculis nec arcu much less our English Nation ever formerly secured by their own unmercinary Militia of the Trained Bands and those Lords and Gentlemen who hold their Lands by Knight-service 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 perusal now and made good both for the time past and all succeeding Parliaments whiles there shall 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 only 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 Councel of Officers by adding or exchanging their names only for the Kings in a parenthesis 1. That the King the * Army General and their General Councel of Officers when he pleaseth may declare the Major part of both Houses which in all sorts of Republicks doth yea ought of right to over sway the Minority their Votes to be firm and binding to all men as Aristotle himself resolves 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. 113. 39 H. 6. c. 1. 17 E. 4. c. 7. worthy the serious perusal of our present Grandees and all illegitimate Parliaments where they may read the fatal end of all new unparliamentary projects laws devices wherein many now so much glory as if they would continue form 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 General Councel 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 depend upon his Majesties the Army General and their Councels pleasure 4. That as the King hath a property in his Townes Forts and Kingdoms so he the Army and their General Councel may dispose of them as he pleaseth and the Representative body of the whole Kingdom may not intermedle in discharge of his Majesties the Armies Generals Councels trust though by the advice of evil Councellers they see it diverted to the hazard of the publique peace safety of the Kingdom 5. That his Majesty the Army General and their Councel or any other person may upon suggestions and pretences 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 Junctâ—'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 General and their Councel in the wars against the Parliament though it were to destroy Laws Liberty Religion the Parliament it self and the whole Kingdom 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 Legal way and by authority of the Representative body of the whole Kingdom is to leavy war against the King Army General and TREASON within 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
Foundations of the the vast natural Fabrick of the Earth Heavens and world it self of the Artificial Material Foundations of the Material Temple Wals City of Gods own most famous Jerusalem and of private Houses of the spirituall Foundations of the Spiritual Temple City Jerusalem and whole Church of God even Jesus Christ himself of Doctrinal Foundations and first Principles of Religion Christianity Salvation yea of the Politicall Foundations of Kingdomes Republicks Churches Governments States Which being once shaken undermined subverted razed or dâ—stroyed bring unavoidable ruine and desolation upon them Psal 11. 3. Psal 82. 5. Jer. 50. 15. 51. 25 26. Micah 1. 6 7 9. Even as we daily see Castles Walls Houses to fall instantly to the ground and become an heap of Confusion when their Foundations are blown up decayed or demolished Upon which consideration those publike Laws which establish fence fortifie support the Fundamental Constitutions Rights Liberties Priviledges of any Nation Kingdome Republike essentiall to their being and subsistence as a free or happy people against the Invasions underminings enchroachments of any Tyrants Vsurpers Oppressors or publike enemies are usually stiled Fundamental Laws and have ever been reputed so sacred inviolable immutable in all ages upon any pretences of necessity or publike safety that most Nations and our own English Ancestors above others have freely chosen to hazard yea lose their estates lives in their just defence against such exorbitant tyrannical Kings and other Powers who by force or policy have endeavoured to violate alter or subvert them rather than out of a Cowardice Sottishnesse Carelesnesse or want of cordial love to the Publike to suffer the least infringment repeal or alteration of them to the inthrawling of themselves or their posterities to the arbitrary wils of such domineering Tyrants and Vsurping Powers Now because after all our Old and New many years bloody costly dangerous Contests and Wars for the maintenance of our good Old Fundamental Liberties Laws â—ights Priviledges against all secret or open underminers of them I clearly behold with grief of heart that there is a strang monstrous generation of new Tyrannical State-Hereticks sprung up amongst us who are grown so desperately impudent as not only to write but publikely to assert in print in Books printed by AUTHORITY even in Capitals in every Title page That the Freemen and People of England have no such unalterable Fundamental Laws and Liberties left them by their forefathers as our Ancestours heretofore contested for both in the Field and Parliament-House with William the Conqueror Henry the first King John Henry the third Edward 1. 2. 3. Richard 2. with other Kings and Princes and our late Parliamentâ— and Armies too with King James and King Charls That neither Magna Charta nor the Petition of Right nor the Laws for trying Malefactors by Juries of their Pears are Fundamental or unalterable but that the State Physitians or rather Mountebanks of our time who are not tied up to them but left free unto themselves may lay them quite aside either in part or whol as they see cause Yea have now attained to such a super-transcendent Authority that they may as they assert lay aside all Parliaments Parliamentary wayes appoint something else as more seasonable and proper to us and as Providence makes way for it if they see it more conducing to the safety and good of the Commonwealth that is to their own privat Interests Honors Profits Securities Designes Oppressions Rapines gilded over with this specious pretext And then peremptorily conclude That to plead for these and other fundamental laws and liberties as unalterable though the only Bulwarks Badges of our Freedome is nothing else but to enslave the Nation for by such a Principle people do not only lose their Liberty but are brought under such a kinde of Tyranny out of which AS BEING WORSE THAN THE AEGYPTIAN BONDAGE there is no hope of deliverance An absurd Tyrannical Paradox transcending any I ever yet met with in any Author stripping us naked of all our long enjoyed Laws Liberties Franchises great Charters at once tending onely to reduce and perpetually inthrall us under such an absolute AEGYPTIAN BONDAGE and Tyranny without any hope of future deliverance from it which some now endeavour to entaile on us and our posterities for ever by an Iron law and Yoke of Steel in stead of restoring to us that glorious Freedome which we have so long expected from them in vain And because I finde the generality of the Nobility Gentry Clergy Commonalty of our Nation after all their late years expensive bloody wars and Parliamentary Disputes for the defence and preservation of these our ancient Hereditary Fundamentall Charters Laws Liberties Priviledges so strangely degenerated both from themselves and their Heroick prudent Ancestors as that they are more readily inclined upon every occasion out of a base unchristian unmanly un-english fear or sottish cowardise and stupidity wittingly to desert betray surrender them al up into the hands of any invading Vsâ—rpers without the least Publike Claim Dissertation Defence Dspute then diligently or couragiously to coÌ„tend or suffer for them of late they did So as that which Paul once taxed in the â—lavish besotted Corinthians 2 Epist 11. 20. may be most truly averred of our degenerated infatuated English Nation Ye suffer if a man bring you into bondage if a man deâ—â—ur you if a man take of you if a man exâ—lt himself above your Laws Liberties Franchises Parliaments Kings Nobles Properties Lives Consciences and all that is called God or warshipped if a man smite you on the face notwithstanding all their manifold late Protestations Vows Covenants Remonstrances Declarationâ— and Publike Engagements to the contrary And withall after diligent enquiry discovering scarce one man of Eminency or Power in the Nation nor so much as one of my degenerated temporizing Profession of the Law even when the whole body of our laws and all its Professors are violently assaultâ—d and devoted unto suddain ruine by many lawlesse spirits who hath so much courage magnanimity honesty zeal or cordial love to his Native Country remaining in his brest as manfully to appear in publike for the strenuous necessary defence of these our Hereditary fundamentall laws liberties rights franchises though their own and every other English Freemans best inheritance and security for fear of being persecuted imprisoned close imprisoned exiled condemned destroyed as a Traytor Rebell Seditious person enemy to the Publike or disturber of the Kingdomes peace by those who are truly such I thereupon conceived I could not undertake or performe a more necessary seasonable beneficiall service for my Country and ingrate unworthy Nation who are now ashamed afraid for the most part to own visit or be seen in the company of those Gallant men much lesse to assist defend and stick close unto them in their dangers according to the sixth Article of their late Solemn League and Covenant
a law to alter the property of the Subjects goods which is also against the Law In this and sundry other Arguments touching the Right of Impositions in the Commons House of Parliament by the Members of it arguing against them it was frequently averred and at last Voted and Resolved by the House 7. Jacobi That such Impositions without consent in Parliament were AGAINST THE ORIGINAL FVNDAMENTAL LAWS AND PROPERTY OF THE SVBJECT and Original Right Frame and Constitution of the Kingdome as the Notes and Journals of that Parliament evidence An expresse parliamentary Resolution in point for what I here assert 6. The sixth is A Conference desired by the Lords and had by a Committee of both Houses concerning the Rights and Priviledges of the Subject 3. Aprilis 4. Caroli 1628. entered in the Parliament Journal of 4. Caroli and since printed at London 1642. In the Introduction to which Conference Sir Dudley Digs by the Commons House Order used these expressions My good Lords whilest we the Commons out of our good affections were seeking for money we found I cannot say a â—ook of the Law but many A FVNDAMENTAL POINT THEREOF NEGLECTED AND BROKEN which hath occasioned our desire of this Conference wherein I am first commanded to shew unto your Lordships in general That the Laws of England are grounded on Reason more ancient than Books consisting much in unwritten Customs yet so full of Justice and true Equity that your most honorable Predecessors and Ancestors propugned them with a NOLVMVS MVTARI and so ancient that from the Saxons dayes notwithstanding the injuries and ruines of time they have continued in most parts the same c. Be pleased then to know THAT IT IS AN UNDOUBTED AND FUNDAMENTALL POINT OF THIS SO ANCIENT COMMON LAW OF ENGLAND THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS which doth preserve as sacred that MEVM and TVVM that is the Nurse of Industry and the Mother of Courage and without which there can be no Justice of which MEVM and TVVM is the proper object But the VNDOVBTED BIRTH-RIGHT OF FREE SVBJECTS hath lately not a little been invaded and prejudiced by pressures the more grievous because they have been pursued by IMPRISONMENT contrary to the Franchises of this Land c. Which the Commons House proved by many Statutes and Records in all ages in that Conference to the full satisfaction of the Lords House since published in print 7. The Seventh is The Vote the whole House of Commons 16. December 1640. Nullo contradicente entered in their Journall and printed in Diurnall Occurrences page 13. That the Canons made in the Convocation Anno 1640. ARE AGAINST THE FUNDAMENTAL LAWS OF THE REALM the Property and Liberty of the Subject the Right of Parliament and containe diverse things tending to Faction and Sedition Seconded in their Remonstrances of 15. December 1641. 8. The eight Authority is The Votes of both Houses of Parliament concerning the security of the Kingdome of ENGLAND and Dominion of Wales 15. Martii 1641. Ordered by the Lords and Commons in Parliament to be forthwith printed and published as they were then by themselves and afterwards with other Votes and Orders Resolved upon the Question nemine contradicente That in case of extream danger and his Majesties refusall the Ordinance agreed on by both Houses for the MILITIA to secure the Houses Members and Priviledges of Parliament and Kingdome against ARMED-VIOLENCE since brought upon them by the MILITIA of the Army doth obliege the people and ought to be obeyed by the FUNDAMENTAL LAWS OF THIS KINGDOME A very vain and delusory Vote if there be no such Law as some now affirm 9. The nineth punctuall Authority is a Second Declaration of the Lords and Commons assembled in Parliament concerning the Commission of Array Printed by their speciall Order of 12. January 1642. Wherein are these observable passages The main drift of all the answer is to maintain That the King by the Common Law may grant such a Commission of Array as this is upon this ground because it s for the Defence of the Kingdome And that the power which he hath to grant it by the Common law is not taken away by the Petition of Right or any former Statute but the King notwithstanding any of them may charge the Subject for Defence of the Kingdome so as the charge imposed come not to himself nor to his particular advantage These grounds thus laid extend not to the Commission of Array alone but to all other charges that his Maâ—esty shall impose upon his Subjects upon pretence of Defence of the Kingdome for there is the same reason of Law for any other charge that is pretended for Defence as for this If his Majesty by the Common Law may charge his Subjects to finde Arms and other things in the Commission enjoyned because they are for Defence of the Kingdom by the same reason of Law he may command his People to build Castles Forts and Bulwarks and after to maintain them with Garrisons Arms and Victuals at their own charges And by the same reason he may compel his subjects to finde Ships and furnish them with Men Ammunition and Victuals and to finde Souldiers pay Coat and Conduct money provide victuals for Souldiers and all other things NECESSARY FOR AN ARMY these things being as necessary for Defence as any thing that can be done in execution of this Commission And for that exposition of the Petition of Right and other Statutes therein noted if it should hold doth it not overthrow as well the Petition it self at all other Laws that have been made for the subjects benefit against Taxes and other charges either 〈…〉 or any other Parliaments These Positions thus laid down and maintained Do shake the Fundamental Laws of the Kingdome the ancient Birth right of every Subject both for the Property of his Goods and Liberty of his Person Nay they strike at the root of Parliaments What need his Majesty call Parliaments to provide for Defence of the Realm when himself may compell his subjects to defend it without Parliaments If these grounds should hold what need the subjects grant subsidies in Parliament for Defence of the Kingdome in time of reall danger if the King for Defence at any times when he shall onely conceive or pretend danger may impose Charges upon his Subjects without their Consent in Parliament Upon that which hath been said in this and our former Declaration we doubt not but all indifferent men will be satisfied that this Commission of Array is full of danger and inconvenience to the Subjects of England AND AGAINST THE FUNDAMENTALâ— LAWES OF THE LAND both for PROPERTY OF GOODS AND LIBERTY OF PERSON c. As it is against THE FUNDAMENTAL LAWS OF THE REALM so no statute makes it good c. And the Lords and Commons do upon the whole matter here conclude That they are very much aggrieved that
after so many Declarations and solemn Protestations made by his Majesty to rule by the known Laws of this Land his Majesty by advice of his ill Councellors should be perswaded to set such a Commission on foot which is so clearly contrary TO THE FUNDAMENTAL LAWS OF THIS LAND the Rights of Property and Liberty of the Subject contrary to former resolutions of Parliament and to the Petition of Right I am certain the generality of the Nation are now as much and more agrieved that some who were Parties to this Declaration and others who have made as many or more Declarations Protestations as his Majesty ever did to rule by the known laws of the Land should since this far exceed his Majesty in the like nay greater more exorbitances in the Militia Excises Taxes Impositions Imprisonments arbitrary extravagant proceedings capital executions in new erected Courts of Injustice and whole volumes of new binding Ordinances as they term them and their ill-sounding Instrument obliging all our three Nations both for the present all future ages in their intention as diametrically contrary as the Kings Commissions of Array to the Fundamentall Laws of the Land four times together so stiled and insisted on as such in this one Declaration of both Houses the Right of Property of the Subject contrary to former Resolutions and the Petition of Right yea which is most abominable to their own Declarations Remonstrances Votes Protestations Vows Solemne Leagues and Covenants in Parliament to their own eternall Infamy as well as the peoples intolerable oppression and slavery who thereupon may justly conclude and protest against them as both Houses did in the close of this Declaration against the Array viz. And the Lords and Commons do and shall adhere to their former Votes Resolutions That all those that are Actors in putting of this Commission of Array these Instruments Ordinances new Taxes Imposts Excises in execution shall be esteemed disturbers of the Peace of the Kingdome and of the Properties and Liberties of the Subject 10. The tenth Evidence is the Vote and Letter of both Houses of Parliament sent to his Majesty at Oxford 9. March 1643. in Answer to his Majesties of the third of March and wherein there is this passage We the Lords and Commons assembled in the Parliament of England c. Have resolved with the concurrent advice and consent of the Commissioners of Scotland to represent to your Majesty in all humility and plainnesse as followeth That this present Parliament convened according to the known and FUNDAMENTAL LAWS OF THE KINGDOME the continuance whereof is established by a law consented to by your Majesty is in effect denied to be a Parliament c. And hereupon we think our selves bound to let your Majesty know That since the continuance of this Parliament is settled by a Law which as all other laws of your Kingdome your Majesty is sworn to maintain as we are sworn to our Allegiance to your Majesty those Obligations being reciprocall we must in duty and accordingly are resolved with our Lives and Fortunes to Defend and preserve the â—ust Rights and full Power of this Parliament To which the Earle of Essex then General by both Houses order in his Letter to the Earle of Forth January 30. 1643. adds this Corolary My Lord the mainâ—enance of the Parliament of England and the Priviledges thereof is that for which we are resolved to spend our bloud as being THE FOVNDATION WHEREON ALL OVR LAWS AND LIBERTIES ARE BVILT Which both the Lords and Commons assembled in Parliament in their Declaration 23. March 1643. touching their proceedings upon his Majesties Letter concerning a Treaty of Peace wherein this Earls former letter is recited thus second The Parliament of England is the onely Basis the chief Support and Pillar of our Laws and Liberties c. And if notwithstanding all these Obligations the King shall at his pleasure dissolve this Parliament the Kingdome is not onely deprived of the present but made uncapable of enjoying the benefit of any future Parliament or Laws any longer than shall stand with the will and pleasure of the King and consequently THE FUNDAMENTALS OF ALL OUR LAWS AND GOVERNMENT ARE SUBVERTED Let the Parliament-purging securing sequestring dissolving Officers Army and their Confederates seriously ponder this yea let all the whole English Nation and their Trustees who shall hereafter sit in Parliament consider and reform it in the first place if ever they expect any Freedome free Parliaments Peace settlement enjoyment of their Fundamental Laws Rights or Liberties for the future depending on our Parliaments Freedome and exemption from all force and violence on its Members The eleventh is the Ordinance of both Houses of Parliament 13. Junii 1644. For the Forces raised in the County of Salop which begins thus The Lords and Commons assembled in Parliament taking into their serious considerations the great Oppressions under which the Inhabitants of the County of Salop lie by reason the insupportable Taxes c. and the present condition of the County by reason of the great number of Irish Rebels that have invaded it and joyned with Papists and other ill affected Persons now in those parts which threaten the extirpation of the Protestant Religion and the subversion of the FUNDAMENTAL LAWS and GOVERNMENT OF THE KINGDOM For prevention whereof c. A direct Ordinance in point The twelfth is a Declaration of the Commons of England assembled in Parliament 17. Aprilis 1646. Of their true intentions concerning the ANCIENT and FUNDAMENTAL GOVERNMENT OF THE KINGDOME securing the people against ALL ARBITRARY GOVERNMENT c. wherein they complain That the Enemy being in dispair to accomplish his Designes by War do mis-represent our intentions in the use we intend to make of the great successes God hath given us and the happy opportunity to settle Peace and Truth in the three Kingdomes to beget a belief that we now desire to excâ—ed or swerve from our first Aym's and Principles in the undertaking of this War and to recede from the Solemn League and Covenant and Treaties between the two Kingdomes and that we would prolong these uncomfortable troubles and bleeding distractions IN ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION AND FRAME OF THIS KINGDOME to leave all Government in the Church loose and unsettled and ourselves to exercise THE SAME ARBITRARY POWER OVER THE PERSONS and ESTATES OF THE SVBJECTS which this present Parliament hath thought fit to abolish by taking away the Star-Chamber High-Commission and other arbitrary Courts and the exorbitant Power of the Council Table all which we have seen experimentally verified in every particular in the highest degree notwithstanding this Declaration by some in late and present power and new White-hall Council Tables exceeding the old in illegal Taxes Law-making and other extravagances All which being seriously considered by us c. We do declare THAT OUR TRUE and REAL INTENTIONS ARE and OUR ENDEAVOUR SHALL BE
one of the Judges of the Common Pleas exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinal Wolsey That he had by divers and many sundry wayes and fashions committed High Treason and NOTABLE GRIEVOUS OFFENCES by misusing altering and subverting of his Graces Laws and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royal to the inestimable great hinderance diminution and decay of the universal wealth of this his Graces Realm The Articles are 43. in number the 20 21 26 30 35 37 42 43. contain his illegal arbitrary practises and proceedings to the subversion of the due course and order of his Graces Laws to the undoing of a great number of his loving people Whereupon they pray Please therefore your mostexcellent Majesty of your excellent goodnesse towards the Weal of this your Realm and subjects of the same to set such order and direction upon the said Lord Cardinal as may be to terrible example of other to beware to offend your Grace and your Laws hereafter and that he be so provided for that he never have any Power Jurisdiction or authority hereafter to trouble vex or impoverish the common-wealth of this your Realm as he hath done heretofore to the great hurt and dammage of every man almost high and low His poysoning himself prevented his legal judgement for these his Practises 7. The Statute of 3. and 4. Ed. c. 5 6. enacts That if any persons to the number of twelve or more being assembled together shall intend go about practise or put in use with force and arms unlawfully of their own authority TO CHANGE ANY LAWS made for Religion by authority of Parliament OR ANY OTHER LAWS OR STATUTES OF THIS REALM STANDING IN FORCE OR ANY OF THEM and shall continue together by the space of an houre being commanded by a Justice of Peace Mayor Sheriffe or other Officer to return or shall by ringing of any Bell sounding of any Trumpet Drumme Horn c. raise such a number of persons to the intent to put any the things aforesaid in ure IT SHALL BE HIGH TREASON and the parties executed as Traytors After this the Statute of 1 Mariaec 12. Enacted That if twelve or more in manner aforesaid shall endeavour by force to alter any of the Laws or Statutes of the Kingdome the offenders shall from the time therein limited be adâ—udged ONELY AS FELONS whereas it was Treason before but this Act continuing but till the next Parliament and then expiring the offence remains Treason as formerly 8. In the 39. year of Queen Elizabeth divers in the County of Oxford consulted together to go from house to house in that County and from thence to London and other parts to excite them to take arms for the throwing down of inclosures throughout the Realm nothing more was prosecuted nor assemblies made yet in Easter Term 39. Elizabeth it was resolved by all the Judges of England who met about the Case that this was High Treason and a levying war against the Queen because it was to throw down all inclosures throughout the Kingdom to which they could pretend no right and that the end of it was TO OVER THROW THE LAWS AND STATUTES for inclosures Whereupon BRADSHAW and BURTON two of the principal Offenders were condemned and executed at Ainstow Hill in Oxfordshire where they intended their first meeting 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 1640. The whole House of Commons impeached Thomas Earl of Strafford Lord Deputy of Ireland of High Treason amongst other Articles for this crime especially wherein all the other centred That he hath TREASONABLY ENDEAVOURED by his Words Actions and Counsels TO SUBVERT THE FUNDAMENTALL LAWS and GOVERNMENT OF ENGLAND and IRELAND and introduce an arbitrary and Tyrannical Government This the whole Parliament declared and adjudged to be High Treason in and by their Votes and a special Act of Parliament for his Attainder for which he was condemned and soon after executed on Tower-Hill as a Traytor to the King and Kingdome May 22. 1641. 10. The whole House of Commons the same Parliament impeached William Laud Arch-bishop of Canterbury of HIGH TREASON in these very terms February 6 1640. First That he hath traiterously endeavoured to subvert the Fundamental Laws and Government of this Kingdome of England and instead thereof to introduce an arbitrary and tyrannical Government against Law And he to that end hath wickedly and TRAYTEROVSLY advised his Majesty that he might at his own will and pleasure levy and take mony of his Subjects without THEIR CONSENT IN PARLIAMENT and this he affirmed was warrantable by the law of God Secondly He hath for the better accomplishment of that his Traiterous Designe advised and procured Sermons and other Discourses to be preached printed and published in which the Authority of Parliaments and the force of the Laws of this Kingdome have been denyed and absolute and unlimitted Power over the Persons and Estates of his Majesties Subjects maintained and defended not onely in the King but in himself and other Bishops against the Law Thirdly He hath by Letters Messages Threats and Promises and by divers other wayes to Judges and other Ministers of Justice interrupted perverted and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of Justice in his Majesties Courts at Westminster and other Courts TO THE SUBVERSION OF THE LAWS OF THIS KINGDOME whereby sundry of his Majesties Subjects have been stopt in their just suits deprived of their lawfull Rights and subjected to his Tyrannicall will to their ruine and destruction Fourthly That he hath traiterously endeavoured to corrupt the other Courts of Justice by advising and procuring his Majesty to sell places of Judicature and other Offices CONTRARY TO THE LAWS and CUSTOMES in that behalf Fifthly That he hath TRAITEROUSLY caused a a Book of Canons to be compiled and published without any lawfull warrant and Authority in that behalf in which pretended Canons many matters are contained contrary to the Kings Prerogative to the Fundamentall Laws and Statutes of this Realm to the Rights of Parliament to the Property and Liberty of the Subject and matters tending Sedition and of dangerous consequence and to the establishing of a vast unlawfull presumptuous power in himself and his successors c. Seventhly That he hath traiterously endeavoured to alter and subvert Gods true Religion BY LAW ESTABLISHED and instead thereof to set up Popish Religion and Idolatry And to that end hath declared and maintained in Speeches and printed Books diverse Popish Doctrines and Opinions contrary to the Articles of Religion ESTABLISHED BY LAW He hath urged and enjoyned divers Popish and Superstitious Ceremonies WITHOUT ANY WARRANT OF LAW and hath cruelly persecuted those who have opposed the same by corporal punishment and imprisonments and most unjustly vexed others who refused to conform thereunto by
and alterations to Prince and State If the Histories of those Eastern Countries be perused where Princes order their affairs according to the mischievous Principles of the Earl of Strafford Loose and absolved from all Rules of Government they will be found to be frequent in combustions full of Massacres and the tragical end of Princes If any man shall look into our own Stories in the times when the Laws were most neglected he shall finde them full of Commotions of Civill distempers whereby the Kings that then raigned were alwaies kept in want and disresse the people consumed with CIVIL WARS and by such wicked Counsels as these some of our Princes have been brought to such miserable ends As no honest heart can remember without horrour and earnest Prayer that it may never be so again 3. As it is dangerous to the Kings Person and Crown so it is in other respects very prejudiciall to his Majesty in honour profit and greatnesse which he there proves at large as you may there read at leisure and yet these are the Guildings and Paintings that are put upon such Counsels These are for your Honour for your Service 4. It is inconsistent with the Peace the Wealth the Prosperity of a Nation It is destructive to Justice the mother of Peace to Industry the spring of Wealth to Valour which is the active vertue whereby the Prosperity of a Nation can onely be procured confirmed and enlarged It is not onely apt to take away Peace and so intangle the Nation with Wars but doth corrupt Peace and pours such a Malignity into it as produceth the effects of Warre both to the NOBILITY and others having as little security of THEIR PERSONS OR ESTATES in this peaceable time as if the Kingdome had been under the fury and rage of Warre And as for industry and valour who will take pains for that which when he hath gotten is not his own or who fights for that wherein he hath no other interest but such as is subject to the will of another c. Shall it be Treason to embase the Kings Coyne though but a piece of twelve pence or six pence and must it not needs be the effect of greater Treason to embase the spirits of his Subjects and to set a stamp and character of Servitude upon them whereby they shall be disabled to do any thing for the service of the King or Common-wealth 5. In times of sudden danger by the Invasion of an Enemy it will disable his Majesty to preserve himself and his Subjects from that danger When war threatens a Kingdome by the coming of a Forraign Enemy it is no time then to discontent the people to make them weary of the PRESENT GOVERNMENT and more inclinable to a change The supplies which are â—o come in this way will be unready uncertain there can be no assurance of them no dependance upon them either for time or proportion And if some money be gotten in such a way the distractions the divisions distemperâ— which this course is apt to produce will be more prejudicial to the publike safety than the supply can be advantagious to it 6. This crime is contrary to the Pact and Covenant between the King and his People by mutuall agreement and stipulation confirmed by OATH on both sides 7. It is an Offence that is contrary to the ends of Government 1. To prevent Oppressions to limit and restrain the excessive power and violence of great men to open passages of Justice with indifferency towards all 2. To preserve men in their Estates to secure them in their Lives and Liberties 3. That Vertue should be cherished and Vice suppressed but where Laws are subverted and Arbitrary and unlimited power set up a way is open not onely for the security as now of all heresies but for the advancement and incouragement of eviâ—l Such men as are â—ptest for the execution and maintenance of this power are onely capable of preferment and others who will not be Instruments of any unjust Commands who make Conscience to do any thing against the law of the Kingdome and liberties of the Subject are not onely not passable for imployment but SVBJECT TO MVCH JEALOVSIE and DANGER Is not this their condition of late and present times even in Parliament Members themselves as well as others secured secluded kept close prisoners perforce for making Conscience of doing nothing against the Laws and Liberties of the Kingdom and their Oaths and Covenants too and refusing to comply with usurping Innovators in all their self-seeking extravagancies and Treasons expertus loquor 4. That all accidents and events all Counsels and Designes should be improved for the publique good But this arbitrary power is apt to dispose all to the maintenance of it self And is it not so now 8. The Treasons of subversion of the laws violation of Liberties can never be good or justifiable by any circumstance or occasion being in their own nature how specious or good soever they be pretended He alledgeth it was a time of GREAT NECESSITY and DANGER when such Counsels were necessary FOR THE PRESERVATION OF THE STATE the Plea since and now used by others who condemned him If there were any NECESSITY IT WAS OF HIS OWN MAKING He by his evill Counsell had brought the King as others the Kingdome since into a Necessity and by no rules of Justice can be allowed to gain this advantage to his Justification which is A GREAT PART OF HIS OFFENCE 9. As this is Treason in the nature of it so it doth exceed all other Treasons in this that in the Designe and endeavour of the Authour it was to be A CONSTANT and PERMANENT TREASON a standing perpetual Treason which would have been in continual Act not determined within one time or age but transmitted to Posterity even from Generation to Generation And are not others Treasons of late times such proclaimed such in and by their own Printed papers and therein exceeding Straffords 10. As it is odious in the nature of it so it is odious in the Judgement and estimation of the Law TO ALTER THE SETLED FRAME and CONSTITUTION OF GOVERNMENT IS TREASON IN ANY ESTATE Let those consider it who are guilty of it in the highest degree beyond Strafford Canterbury or the Ship mony-Judges in our own State The Laws whereby all parts of a Kingdome are preserved should be very vain and defective if they had not a power to secure and preserve themselves The Forfeitures inflicted for Treason by our Law are of Life Honour and Estate even all that can be forfeited and this Prisoner although he should pay all these Forfeitures will still be a Debtor to the Common-wealth Nothing can be more equal than that he should perish by the Justice of the Law which he would have subverted neither will this be a New way of blood There are marks enough to trace this Law to the very Original of this
Kingdome And if it hath not been put in execution as he alledgeth this two hundred and fourty years it was not for want of LAW but that all that time had not bred a man bold enough to commit such Crimes as these which is a circumstance much aggravating his Offence and making him no lesse liable to punishment he is THE ONELY MAN that in so long a time hath ventured UPON SUCH A TREASON AS THIS Thus far Mr. John Pym in the Name and by the Order and Authority of the whole Commons House in Parliament which I wish all those who by their Words Actions Counsels and printed Publications too have traiterously endeavoured to subvert the Fundamentall Laws Liberties Government Parliaments of England and Ireland and to introduce an Arbitrary and Tyrannical Government against law as much as ever Strafford did yea far out stripped him therein even since his execution in all particulars for which he was beheaded would now seriously lay to heart and speedily reform lest they equal or exceed him in conclusion in capital punishments for the same or endlesse Hellish Torments 13. The next Authority I shall produce in point is The Speech and Declaration of Master Oliver St. John at a Conference of both Houses of Parliament concerning SHIPMONEY upon Judge Finches Impeachment of High Treason January 14. 1640. printed by the Commons Order London 1641. wherein he thus declares the sense of the Commons p. 12. c. That by the Judges opinions forecited concerning Ship-mony THE FUNDAMENTAL LAWS OF THE REALM CONCERNING OUR PROPERTIES and OUR PERSONS ARE SHAKEN whose Treasonable Offence herein he thus aggravates page 20. c. The Judges as is declared in the Parliament of 11 R. 2. are the Executors of the Statutes and of the Judgments and Ordinances of Parliament They have made themselves the EXECUTIONERS OF THEM they have indeavoured the DESTRUCTION OF THE FUNDAMENTALS OF OUR LAWS and LIBERTIES Holland in the Low Countries lies under the Sea the superfices of the Land is lower than the superficies of the Sea It is Capitall therefore for any man to cut the Banks because they defend the Country Besides our own even Forraign Authours as Comines observes That the Statute DE TALLAGIO and the other Old Laws are the Sea Wals and Banks which keep the Commons from the inundation of the Prerogative These Pioners have not onely undermined these banks but have levelled them even with the ground If one that was known to be Hostis Patriae had done this though the Dammage be the same yet the Guilt is lesse but the Conservatores Riparum the Overseers intrusted with the Defence of these Banks for them to destroy them the breach of Trust aggravates nay alters the nature of the offence Breach of Trust though in a private Person and in the least things is odious amongst all men much more in a publike Person in things of great and publike concernment because GREAT TRUST BINDES THE PARTY TRUSTED TO GREATEST CARE AND FIDELITY It is TREASON in the Constable of Dover Castle to deliver the Keys to the known enemies of the Kingdome Whereas if the House-keeper of a private person deliver possession to his Adversary it is a crime scarce punishable by Law The Judges under his Majesty are the Persons trusted with the Laws and in them with the Lives Liberties and Estates of the whole Kingdome This Trust of all we have is primarily from his Majesty and from him delegated to the Judges His Majesty at his Coronation is bound by his Oath TO EXECUTE JUSTICE TO HIS PEOPLE ACCORDING TO THE LAWES thereby to assure the People of the faithfull performance of his GREAT TRUST His Majesty again as he trusts the Judges with the performance of this part of his Oath so doth he likewise exact another Oath of them for their due execution of Justice to the people according to the Laws hereby the Judges stand intrusted with this part of his Majesties Oath If therefore the Judges shall doe wittingly against the Law they doe not onely break their own Oaths and therein the Common Faith and Trust of the whole Kingdome but do as much as in them lies asperse blemish the sacred Person of his Majesty with the odious and hatefull sin of Perjury My Lords the hainousnesse of this offence is most legible in the severe punishment which former Ages have inflicted upon those Judges who have broken any part of their Oaths wittingly though in things not so dangerous to the Subject as in the case in question Sir Thomas Wayland Chief Justice of the Common Pleas 17. E. 1. was attainted of Felony for taking Bribes and his Lands and Goods forfeited as appears in the Pleas of Parliament 18 E. 1. and he was banished the Kingdome as unworthy to live in the State against which he had so much offended Sir William Thorpe Chief Justice of the Kings Bench in Edward the thirds time having of five persons received five severall Bribes which in all amounted to one hundred pounds was for this alone adjudged to be hanged and all his Goods and Lands forfeited The reason of the Judgment is entered in the Roll in these words Quia praedictus Willielmus Thorp qui Sacramentum Domini Regis erga populum suum habuit ad custodiendum fregit malitiose falsò rebelliter quantum in ipso fuit There is a notable Declaration in that Judgement that this judgement was not to be drawn into example against any other Officers who should break their Oaths but onely against those qui praedictum Sacramentum fecerunt fregerunt habent Leges Angliae ad custodiendum That is onely to the Judges Oaths who have the Laws intrusted unto them This Judgment was given 24 E. 3. The next year in Parliament 25 E. 3. Numb 10. it was debated in Parliament whether this Judgement was legall Et nullo contradicente it was declared TO BE JUST AND ACCORDING TO THE LAW and the same Judgement may be given in time to come upon the like occasion This case is in point That it is death for any JVDGE wittingly to break his OATH in any part of it This OATH of THORP is entred in the Roll and the same Verbatim with the Judges OATH in 18 Edw. 3. and is the same which the Judges now take And let those who have taken the same Oath with the OATHES OF SUPREMACY and ALLEGIANCE too remember and apply this PRESIDENT lest others do it for them Your Lordships will give me leave to observe the differences between that and the case in question 1. That of Thorp was onely a selling of the Law by Retaile to these five persons for he had five severall Bribes of these five persons the Passage of the Law to the rest of the Subjects for ought appears was free and open But these Opinions are a conveyance of the Law by whole sale and that not
later times in corrupt cowardly time-serving degenerate Lawyers and Judasses rather than Judges to the disgrace of their Profession now generally spoken against their own dishonour infamy reproach the scandall of Religion which some of them have eminently professed the prejudice and subversion of the Fundamentall Laws Liberties Rights Priviledges of our Nation Peers Parliaments and of the ancient Fundamental Government of this famous Kingdome whereof they are Members and that contrary to some of their own late Judgments sciences Consciences Votes Printed Arguments Speeches Declarations against others even in and out of Parliament and their own first Charges in their Circuits repugnant to their later 4. To instruct those Jesuited Anabaptists Levellers and their Factors especially John Canne and the rest of the Compilers Publishers Abetters of the Pamphlet intituled Leiutenant Colonel John Lilburn tried and east and other forementioned publications who professedly set themselves by Words Writings Counsels and overt Acts to subvert both our old Fundamentall with all other Laws Liberties Customs Parliaments and Government what transcendent Malefactors Traitors and Enemies they are to the publique and what Capital punishments they may incurre as well as dâ—merit should they be legally prosecuted for the same and thereupon to advise them timely to repent of and dâ—sist from such high Treasonable attempts 5. To clear both my self and this my seasonable Defence of our Fundamental Laws Liberties Government from the least suspition or shadow of Faction Sedition Treason and Emnity to the publique peace weal settlement of the Nation which those and those onely who are most factious and seditious and the greatest Enemies Traitors to the publique tranquility Weal Laws Liberties Government and establishment of our Kingdome as the premises evidence will be ready maliciously to asperse both me and it with as they have done heretofore some other of my Writings of this Nature with all which they must first brand Mr. St. John Mr. Pym the whole House of Commons the two last with all other Parliaments forecited and themselves too from which they are so much changed and degenerated of late years ere they can accuse traduce or censure me who do but barely relate apply their words and judgments in their purest times without malice or partiality for the whole Kingdomes benefit security and resettlement To these punctual full Juries of Records and Parliament Authorities in point I could accumulate Sr. Edward Cook his 3. Institutes p. 9. printed and authorised by the House of Commons speciall Order the last Parliament The severall Speeches of M. Hide M. Waller M. Pierpoint and M. Hollis July 6. 1641. at the Lords Bar in Parliament by Order of the Commons House at the Impeachment of the Shipmony Judges of High Treason printed in Diurnal Occurrences and Speeches in Parliament London 1641. p. 237 to 264. M. Samuel Browns Argument at law before the Lords and Commons at Canterburies Attainder all manifesting their endeavouring to subvert the Fundamentall Laws and Government of the Realm to be High Treason with sundry other printed Authorities to prove That we have Fundamental Laws Liberties Rights and a Fundamental Government likewise which ought not to be innovated violated or subverted upon any pretences whatsoever by any power or prevailing Faction Which Fundamental Rights Liberties Laws Sr. Thomas Fairfax and the Army under his Command by their Declaration of June 14. 1647. particularly promise and engage to assert vindicate against all arbitray power violence oppression and against all particular parties or Interests whatsoever which they may doe well to remember and make good But to avoid prolixity the double Jury of irrefragable and punctuall authorities already produced being sufficient to satisfie the most obstinate opposites formerly contradicting it I shall onely adde three swaying authorities more wherewith I shall conclude this point The first is a very late one in a Treatise intituled A true State of the Common Wealth of England Scotland and Ireland and the Dominions thereunto belonging in Reference to the late established Government by a Lord Protector and a PARLIAMENT It being the Judgement of DIVERSE PERSONS who throughout these late troubles have approved themselves faithfull to the Cause and interest of God and their COUNTRY presented to the publike for the satisfaction of others Printed at London 1654. who relating the miscarriages of the last ASSEMBLY at Westminster elected nominated by the Censurers of them the Army Officers onely not the people use these expressions of them page 13 14 16 17 21 22. But on the contrary it so fell out in a short time that there appeared many in this Assembly of very contrary principles to the interest aforesaid which led them violently on to attempt and promote many things the consequence whereof would have been A subverting of the Fundamentall Laws of the Land the Destruction of Property and an utter extinguishment of the Gospel In truth their Principles led them TO A PULLING DOWN ALL AND ESTABLISING NOTHING So that instead of the expected settlement they were running into FURTHER ANARCHY AND CONFUSION As to the Laws and Civil Rights of the Nation nothing would serve them but a TOTALL ERADICATION OF THE OLD AND INTRODUCTION OF A NEW and so the good Old Laws of England the Guardians of our Laws and Fortunes established with prudence and confirmed by the experience of many Ages and Generations The Preservation whereof was a principall ground of our late quarrell with the King having been once abolished what could we have expected afterwards but an inthroning of Arbitrary power in the Seat of Judicature and an exposing of our Lives our Estates our Liberties and all that is dear unto us as a Sacrifice to the boundlesse appetite of meer Will and Power c. Things being at this passe and the House through these proceedings perfectly disjointed it was in vain to look for a settlement of this Nation from them thus constituted but on the contrary nothing else could be expected But that the Common-wealth should sink under their hands and the great cause hitherto so happily upheld and maintained to be for ever lost through their preposterous management of these affairs wherewith they had been intrusted Whereupon they justifie their dissolution and turning them forcibly out of doores by the Souldiers with shame and infamy to prevent that destruction which thereby was coming on THE WHOLE LAND by this New Powder Treason plot set on foot by the Jesuites and Anabaptists to destroy our Laws Liberties Properties Ministers and Religion it self at one blow and that in the very Parliament House where some destroyed and blowed up Kings Peers and Parliaments themselves as well as Lawes and Parliament Priviledges of late years where they had been constantly defended vindicated preserved established in all former Ages by ALL TRVE ENGLISH PARLIAMENTS The second is The Votes of the House of Commons concerning a Paper presented to them entituled An Agreement of the people for a firm present
extravagant Heavy Taxes Contributions from the exhausted Free-born People of England especially being now pretended new Free State against all our Fundamental Lawes Statutes Franchises Charters Properties Liberties Records Parliamentary Iudgements their own late Remonstrances Declarations Votes the Presidents of all former ages yea of all our Kings coming in by the Sword to their Thrones let the Imposers of them seriously advise as they will answer it at their utmost peril to God Men and the whole English Nation who expected better things from them even a total final exemption from all such illegal Burthens after all their late Wars Agonies Expences to redeem and preserve their Lawes Liberties Estates Properties Posterities from such exorbitant Oppressions diametrically contrary to all the forecited Iudgements Resolutions Remonstrances Statutes Votes Presidents and sundry others which I shall hereafter insist on in the third Chapter of this Treatise to which I must refer you And shall we not then adventure a distresse a Prison quartering upon or any other Duresse yea Death it self rather than volutarily submit our selves and Posterities backs thereto when as we spend our Bloods Lives Treasures against lesser easier Royal Impositions How shall we answer it to God Men or our enslaved Posterities if we now most safely unworthily submit thereto in perpeâ—uity without the least legal strenuous publick oppression or debate of its legality If any here allege as some men do in Iustification of these three or rather four forecited kinds of illegal universal Taxes imposed levied on the whole Nation without consent of Parliament That they are all warranted by the Instrument of the new Gevernment Article 27 28 29. That a constant yearly revenue shall be raised setled and established for maintaining Ten Thousand Horse and Dragoons and Twenty Thousand Foot in England Scotland and Ireland for the Defence and security thereof and also for a convenient number of Ships for guarding the Seas besides two hundred thousand pounds per annum for defraying other necessary charges for Administration of Iustice and other expences of the Government which Revenue shall be raised by the Customes and such other ways and means which shall be agreed uâ—oâ— By the Lord Protector and Council and shall not be taken away or diminished nor the way agreed upon for the raising of the same altered but by consent of the Lord Protector and the Parliament That the said yearly Revenue shall be paid into the publick Treasury and issued out for the uses aforesaid That in case there shall not because hereafter to keep up so great a Defence at Land or Sea but that there be an abatement made thereof The Mony which shall be saved thereby shall remain in banke for the Publick service c. All which they in the True state of the Case of the Common-wealth p. 43 44 commend for a most excellent Provision A coâ—stant Revenue A Publike Bank or Treasury upon all occasions c. which they intend to perpetuate on the whole Kingdom without end or abatement as well in times of peace safety as of war and danger Therefore the Protector and his Counsell at Whitehall in pursuance hereof may lawfully impose by vertue of these Articles both Excise Customs Tonnage Poundage Ship-money and contributions for these ends upon our three whole Kingdoms and all the Freeborn English by printed Ordinances of their own in what Proportions and for what time they please yea and for perpetuity without consent or grant in Parliaments and restrain all future Parliaments both from taking away or diminishing them or altering the way agreed on for their raising without their Protectors consent thereto as the expresse words run and their practise yet expounds them notwithstanding all former Laws Statutes Charters Resolutions Iudgements Remonstrances Oathes Vowes Declarations Presidents either in or out of Parliament to the contrary To this I answer first that I cannot but stand amazed to hear any Army-Officers Souldiers Lawyers or persons in present trust or power who bear the name or hearts of English Freemen Saints Christians Lovers Patriots or Protectors of their Native Country of England its Parliaments Laws and Liberties to make such a stupendious irrational objection as this which justifies all the exorbitant Opinions Proceedings Taxes Oppressions Impositions of our late beheaded King Strafford Canterbury the Ship-money Iudges old Whitehall Council Table yea all our other former Kings and their evil Counsellors most irregular Exaction of mony in all ages from Brute till now and will render the very worst of all our Kings if compared with our late and present Tax-masters and pretended Assertors of our Liberties rather good gracious just righteous Princes Benefactors than Tyrants or Oppressors for the future seeing they never out of Parliament imposed enforced on their subjects any such heavy various perpetual Taxes Imposts Excises Ordinances or new Articles of the Governmentâ— as these forecited 2ly This Objection if admitted just or solid gives a private Cabinet â—uncto of obscure persons yet unknown by name unto our Nation a Superlative Super-Parliamentall Authority to contrive and set on foot a new devised Instrument to undermine and blow up all our former fundamental Laws Customs great Charters Liberties Franchises Properties Parliaments former frame of Government at one crake after all our late bloody costly contestations for their preservation both in the Supream Courts of Publick Iustice and fields of War without our privities or consents thereto either in or out of Parliament contrary to all their and our Protestations Oathes Covenants Commissions Trusts Promises Pretences And instead of English Freemen as we were before these contests and wars to strip us quite naked of all our former Freedoms Liberties Properties Customs Rights derived to us from our Noble Ancestors as the purchas of their dearest blood render us our Posterities for the future the most absolute Issachars Vassals slaves under Heaven inthralled to all sorts of intollerable illegal unpresidented incessant endlesse Taxes of all kinds without hopes of alteration or mitigation by any future Parliaments without their Protectors or his Successors voluntary consents which they cannot expect and to a constant standing Mercenary Army of Horse and Foot by Land and Navies of Hirelings by Sea to keep us and ours in perpetual Bondage under such New irregular Successive Tax-Masters who must elect their successors like themselves 3ly All our former antient Laws Statutes Parliaments till now in all changes Revolutions of State or Government ever constantly asserted maintained provided That no Tax Tallage Custom Contribution Impost Subsidy Charge Excise Loan or Payment whatsoever should be imposed on the Freemen of England without their common consent and grant in full free lawfull English Parliaments and if any were imposed otherwise by any Power or Pretext whatsoever out of Parliament that it was Null and void to all intents to bind the people But these Monstrous Articles quite turn the scales impowring a few private persons neither elected nor intruâ—ted by the people
for such ends by colour of this ill tuned Instrument contrived privatly by themselves alone as most conjecture for their own self-interests to impose perpetuall Imposts Excises Customes Contributions of all kinds on our whole three Kingdoms and Nations which neither they nor their Parliaments though never so grievous extravagant unreasonable or oppressive shall have power to take away diminish alter or regulate in the forecited illegall oppressing violent wayes of levying them unless their Grand Soveraign Lord Protector shall first give his consent thereto which they cannot expect nor enforce and in cale of his refusall they are utterly left remediless he having Thirty thousand armed Mercenary Horse and Foot in severall Quarters by Land and a strong numerous Navy by Sea at his command to keep them under endless Tributes to him and his Successors for ever O England England to omit Scotland and Ireland consider seriously and timely to what a blessed Liberty and long-expected freedome this New invented Instrument and the Irish Harp lately quartered with the English bloody Cross as our Free-State Arms hath now at last reduced thee if these objected Articles must remain inviolable maugre all our Laws Statutes c. to the contrary as our New Tax-masters and their Instruments both literally and practically conclude unlesse you use your uttermost lawfull present diligent joynt Endeavours to prevent it 〈…〉 4ly The whole House of Commons yea some who were parties to this Instrument lately impeached and with the Lords â—ouse by judgement of Parliament condemned beheaded the Earl of Strafford and Archbishop of Canterbury as guilty of High Treason in subverting our Fundamental Lawes Liberties and setting up an arbitrary Tyrannical Government for resolving at the Councel Table before-hand To assist the King to raise Monies on the Subjects to carry on the Warres against the Scots by extraordinary wayes in case the Parliament should prove peevish and refuse to grant such Subsidies as they demanded of them And for Straffords affirming That Ireland was a Conquered Nation and that the King might do with them what he pleased That they were a Conquered Nation and were to expect Lawes as from a Conqueror And that he would make an Act of Councel board in that Kingdom of Ireland as binding as an Act of Parliament And do not the Objectors Contrivers of this New Instrument Articles and those who now vigorously put it in execution in any kind as too many do speak out and do as much as bad as they in each of these particulars nay farre more and worse Do not they after the late violent breaches of our former Parliaments and their own Junctoes by the Army raise monies in more vast proportions by more irregular violent extraordinary wayes by longer continued Taxes Excises Impositions and constant yearly Revenues then they ever did or designed quite out of Parliament by their own arrogated Legislative Tax-imposing Power Do not they by this very Instrument proclaim to all the world that not only Ireland and Scotland but England it self is now a meer Conquered Nation that thereupon they may do with us what thâ—y please and we must not only expect but receive Lawes from them as Conquerors having already published whole Volumes of New-Laws and Ordinances of all sorts at their New-erected Councel board which the Old never did and made them as binding not only to Ireland but England and Scotland too as an Act of Parliament yea farre more binding than any Parliament Acts by binding the hands power of future Parliaments themselves and our three whole Nations as aforesaid and that in Perpetuity which no Parliaments nor Acts of Parliament can do and by repealing nulling all our former Fundamental Laws Charters Liberties Free Government made by Parliaments with our very Parliaments themselves And if so let the Objectors now seriously consider both the Treasonableness unparliamentalness sad Consequences of this Objection and what ill effects it may produce in present or future ages 5ly The Statutes of 25 E. 1. c. 2. 42 E. 3. c 2. yet in force declare All judgements given or to be given by the Justices or any other contrary to the points of the Great Charter to be void and holden for Nought and if any Statute be made to the contrary it shall be holden for none Therefore these Instrument Articles and Paper Ordinances made by colour of them in direct opposition to and subversion of the points of the Great Charter and all other Acts for their confirmation must needs be holden for nought and void to all intents to bind this whole Free-born Nation or any one Freeman of England in particular 6. If these Articles and Instrument for the premised reasons and defect of Legal power in the yet unknown Instrument-makers be not void in Law to all intents and purposes as all wise men repute them yet other clauses and Articles of this very Instrument admit it valid and obligatory to our Nations give a fatal blow to all the forementioned Excises Impositions Contributions by colour thereof and to the Objected Articles First the Prologue to the Oath at the close thereof proclaims the Government setled by it to be such as by the blessing of God might be lasting secure Property and answer The Great Ends of Religion and Libertie so long Contended for But these Articles as the Objection and premises evidence do no wayes secure but utterly subvert all Property in the highest degree and answer not but eternally frustrate abolish the Great ends of our Religion condemning all illegal unrighteous Taxes and Tyrannical Usurping Oppressing arbitrary Powers but especially of our Liberties so long contended for and are rather likely to raise new troubles and unsettlements than make the Government lasting as many late Presidents with those ancient ones in Dr. Beard his Theatre of Gods Judgements l. 2. c. 36. to 42. may perswade us Therefore it must be exploded as repugnant to the whole scope of the Instrument 2. The 6. Article of it is fatall and destructive to the objected Articles viz That the Laws shall not be altered suspended abrogated or repealed nor any New Law made Nor any Tax Charge or Imposition laid upon the People but by common consent in Parliament Save Only as is expressed in the 30th Article not 27. Now these objected 27 28 29 Articles being diametrically contrary to every word clause of this 6 Article and agreeable to our Fundamental Laws which the last clause of the Oath obligeth their Protector and his Successors to maintain and to govern the People by which Laws must be all altered suspended abrogated repealed by these Articles alone if reputed valid in giving Power to them to impose any Tax Charge Imposition upon the People without common consent in Parliament and being not within the saving of this or the 30th Article must needs be void and repealed by this very sixt Article and the Oath it self 3. The 30th Article following them diametrically contradicts repeals them in
to ease the People in and of their heavy Taxes But what was the issue all their Taxes Excises and other Impositions were still continuep on them without any intermission or diminution nay advanced higher than ever to 120 thousand pounds Contribution by the Month for England besides Scotland and Ireland even whiles all these Lands and Goods were selling the Lands and Goods sold consumed without any publique Accompt yet given of the Monies or their disposall or any present ease to the oppressed people and the ordinary standing Revenues of the Realm being now by this meanes decayed dissipated and almost brought to nothing these New Projectors and Dissipators of this vast publique Revenue instead of easing by colour of this Instrument resolve to impose upon the undone long-oppressed Peoples gauled broken backs and Estates such perpetual constant annual Taxes Excises Imposts Revenues as you have heard for the Maintenance both of the Army Navy Administration of Justice and other ordinary expences of the Government which no Kings of England ever yet received or pretended to Which if any future Parliaments shall be so mad or improvident once to settle or the Kingdom not unanimously to oppugne if setled by them without a Parliament instead of easing of the People of their long insupportable Taxes now their wars are ended in all succeeding Parliaments they shall still be burthened with new extraordinary Taxes upon new pretended extraordinary occasions and Forces raised as the words of the 30 Article compared with the 27 and 29 declare as if this new constant revenue had never been setled and if our Parliaments refuse to grant them these New Projecting Tax-Masters who must dispose of all the moneys in the intervals of Parliaments will impose and levy them at their pleasure by their Supertranscendent usurped Tyrannical Power and Sword men and dispose of them as they please without a Parliament as they have already done without rendring any other publick Accompt to the people thereof than hath hitherto been given to them of all the many millions of Treasure already extorted from them of late years to no other end as appears by these Articles of our New Government but now at last to bring and keep them under perpetual endlesse Taxes of all sorts and the intollerable worse than Turkish Slavery of a perpetual domineering Mercenary Army Navy instead of long promised Liberty ease and exemption from them till they are all brought to a morsel of bread and till their private estates be utterly consumed as well as the publick Crown and Church Revenues yet remaining The lad and serious consideration of all which Premises I humbly submit to the Impartial Iudgements Consciences of our present Governours Army Officers Souldiers themselves how discrepant they are from all their former printed Deolarations Protestations Promises Vowes Engagements to the People and what they expected from them It was the Speech of the Scythian Embassadours to Alexander the Grand Conquerour of the world Nec Servire ulli possumus nec regnare desideramus Si Deus es tribuere mortalibus bâ—nificia debes non sua eripere sic Homoâ—es id quâ—d es semper esse te cogita Stultum est eorum memintsse propter quae tui oblivisceris Let it be all Heroick English Freemens to our pretended Conquerors who may do well to remember that Hermolaus and other Officers and Souldiers of Alexanders own Guard conspired his destruction after all his Persian Conquests for this very reason which they justified to his face Quia non ut ingenuis imperare caepisti Sed quati in mancipia dominaris because he had begun not to raign over them as Freemen but to domineer over them like Slaves and because Revelaetions in this age may be more prevalent with some Men than Gods own Oracles or our Lawes I shall inform our Tax-imposing Governours that St. Bridget of Sweden in the 8 Book of her Revelations of the Heavenly Emperour unto Kings cap. 6 records That she had this Revelation from the Son of God That Kings and Governours ought to love the People and Commonalty of their Realms That they then shew they truly love them when they permit them to enjoy their approved Laws and Liberties when cruel Exactors and Collectors domineer not over them if they burthen them not with new Inventions of Impost Taxes and Tributes nor with grievous and unaccustomed Hospitality Permanencies or Freequarter For although for the resisting of Infidels they may humiliter petere auxilium a Populo humbly request an aid from the People and Commons of their Realms not imperiously impose it when there is a necessity yet let them beware quod necessitas illa non veniat in consuetudinem legem that the necessity comes not into a custom and law For that King or Ruler who layes not aside his unjust Exactions and Fraudulent Inventions to raise monies and oppresse his People making his reigns and Kingdoms meer robberies and rapines as most then did and nâ—w too let him know for certain he shall not prosper in his doings but shall lead and end his life in grief dismisse his Kingdoms in tribulations his Son and Posterity shall be in such hatred reproach and confusion that all men shall wonder thereat his Soul shall be tormented by the Devils in Hell which she manifests by the example of an unjust Tax-imposing King damned to Hell and there tormented by the Devils For that to retain the Kingdom to himself and defend it from Invasions he petended the antient Revenues of his Eschequer would not defray the Expences of the Government and Realms defence whereupon he devised certain new Inventions and fraudulent Exactions of Imposts Tributes Taxes and imposed them on his Kingdome to the dammage of the Natives and oppression of innocent Merchants and Strangers although his conscience dictated to him Quod ista erant contra Deum et omnem Iustitiam et Publicam Honestatem that these things were against God and all Iustice and Common Honesty as our forementioned Excises Imposts Taxes are now Let those who are now guilty of this sinne in the highest degree beware they incurre not the self-same temporal and infernal punishments thus threatned to and inflicted upon others And let our whole English Nation and their Trustees upon serious consideration of all the premises beware how they in any kind through fear or cowardise submit their necks or backs to the forementioned illegal Yokes and Burdens of perpetual standing Excises Imposts Contributions and Taxes to enslave themselves and their Posterities for ever to an oppressing Military New Government and perpetual Army For which end I shall only recommend unto their meditation and practise this observation and policy of our prudent Ancesters Binus actus inducit Consuetudinem that a double generall submission to and payment of such exorbitant illegal Taxes will introduce a customary future exaction and payment of them which made them always as we have greatest reason now to do
The first and Second Part of A SEASONABLE LEGAL AND HISTORICALL VINDICATION AND Chronological COLLECTION of the Good Old Fundamentall Liberties Franchises Rights Laws of all English Freemen their best Inheritance Birthright Security against all Arbitrary Tyranny and Aegyptian Burdens and of their strenuous Defence in all former Ages of late years most dangerously undermined and almost totally subverted under the specious Disguise of their Defence and future Establishment upon a sure Basis by their pretended Greatest Propugners WHEREIN IS Irrefragably evinced by Parliamentary Records Proofs Presidents That we have such Fundamentall Liberties Franchises Rights Laws That to attempt or effect the Subversion of all or any of them or of our Fundamentall Government by Fraud or Force is High Treason The principal of them summed up in X. Propositions The chief printed Treatises asserting them specified A Chronological History of our Ancestors zeal vigilancy courage prudence in gaining regaining enlarging defending oft confirming and perpetuating them to Posterity by Great Charters Statutes New Confirmations Excommunications Speciall Conservators Consultations Petitions Declarations Remonstrances Oaths Protestations Vows Leagues Covenants and likewise by their Arms when necessitated during all the Britons Romans Saxons Danes Normans and English Kings Reigns till this present collected for present and future publique benefit with a Brief Touch of their late unparalelled Infringments and subversions in every particular The Triall of all Malesactors by their Peers and Juries justified as the onely legall best most indifferent and all other late arbitrary Judicatories erected for their Triall exploded as destructive both to our Fundamentall Laws and Liberties Collected recommended to the whole English Nation as the best Legacy he can leave them By William Prynne of Swainswick Esquire The Second Edition Corrected and much Enlarged Psal 11. 3. If the Fundations be destroyed what can the righteous do Psal 82. 5. They know not neither will they understand they walk on in darknesse all the Foundations of the earth are out of course London Printed for the Author and are to be sold by Edward Thomas in Green Arbour 1655. Errata IN the Epistle letter C. page 8. l. 6. read effect D. p. 2. l. 9. 〈◊〉 Tesmond H. p. 5. l. 19. Censurers I. p. 5. l. 13 of r. our K. p. 7. l. 28. r. Heirs L. p. 4. l. 20. r. exercerunt In the Margin H. p. 3. l. 42. aliquem I. p. 6. l. 27. pacti L. p. 8. 13. r. 23. In the Book p. 4. l. 25. r. as of p. 13. l. 36. r. were resolved p. 19. l. 14. r. Vote of p. 24. l. 16. of p. 26. l. 15. of and p. 29. l. 33. Statutes p. 32. l. 26. r. E. 6. c. 5. p. 35. l. 6. to sedition p. 38. l. 19. r. parts Margin p. 27. l. 13. ther r. other p. 64. l. 3 4 5. r. 10. R. 2. cap. 1. 1 H. 5. c. 1. 28 H. 6. n. 51. l. 11. r. 4. E. 4. To all truely Christian Free men of England Patrons of Religion Freedom Lawes Parliaments who shall peruse this Treatise Christian READER IT hath been one of the most detestable Crimes and highest Impeachments against the Antichristian Popes of Rome that under a Saint-like Religious pretext of advancing the Church Cause Kingdom of Jesus Christ they have for some hundred yeers by-past usurped to themselves as fole Monarchs of the World in the Right of Christ whose Vicars they pretend themselves to be both by Doctrinal Positions and Treasonable Practises an absolute Soveraign Tyrannical Power over all Christian Emperours Kings Princes of the World who must derive and hold their Crowns from them alone upon their good behaviours at their pleasures not onely to Excommunicate Censure Judge Depose Murder Destroy their sacred Persons but likewise to dispose of their Crowns Scepters Kingdoms and translate them to whom they please In pursuance whereof they have most traiterously wickedly seditiously atheistically presumed to absolve their Subjects from all their sacred Oaths Homages natural Allegiance and due Obedience to them instigated encouraged yea expresly enjoyned under pain of interdiction excommunication and other censures their own Subjects yea own sons sometimes both by their Bulls and Agents to revolt from rebel war against depose dethrone murder stab poyson destroy them by open force or secret conspiracies and stirred up one Christian King Realm State to invade infest destroy usurp upon another onely to advance their own Antichristian Soveraignties Usurpations Ambition Rapines worldly Pompe and Ends as you may read at leisure in the Statutes of 25 H. 8. c. 22. 28 H. 8. c. 10. 37 H. 8. c. 17. 13 Eliz. c. 2. 23 Eliz. c. 1. 35 Eliz. c. 2. 3 Jacob. c. 1 2 4 5. 7 Jacob. c. 6. The Emperour Frederick his Epistles against Pope Gregory the 9. and Innocent the 4. recorded in Matthew Paris and others Aventinus Annalium Boiorum Mr. William Tyndal's Practice of Popish Prelates the second Homily upon Witsunday the Homilies against disobedience and wilful Rebellion Bishop Jewels view of a seditious Bull Iohn Bale in his lives of the Roman Pontifs Doctor Thomas Bilson in his True difference between Christian subjection and unchristian Rebellion Doctor John White his Sermon at Paul s Cross March 24. 1625. and Defence of the Way c. 6 10. Doctor Crakenthorpe of the Popes temporal Monarchy Bishop Morton's Protestant Apology Doctor Beard 's Theater of God's Judgements l. 1. c 27 28. Doctor Squire of Antichrist John Bodin his Commonwealth l. 1. c. 9. The learned Morney Lord du Plessy his Mystery of Iniquity and History of the Papacy The General History of France Grimston's Imperial History Matthew Paris Speed Holinshed Cambden and others in the lives of King John Henry the 3. Queen Elizabeth and other of our Kings with hundreds of printed Sermons on the 5 of November The principal Instruments the Popes imployed of late yeers in these their unchristian Treasonable Designes have been pragmatical furious active Jesuites whose Society was first erected by Ignatius Loyola a Spaniard by Birth but A SOULDIER by Profession and confirmed by Pope Paul the 3. Anno 1540â— which Order consisting onely of ten persons at first and confined onely to sixty by this Pope hath so monstrously increased by the Popes and Spaniards favours and assistance whose chief Janizaries Factors Intelligencers they are that in the yeer 1626. they caused the picture of Ignâ—tius their Founder to be cut in Brass with a goodly Olive Tree growing like Jessees root out of his side spreading its branches into all kingdoms and Provinces of the World where the Jesuites have any Colledges and Seminaries with the name of the Province at the foot of the branch which hath as many leaves as they have Colledges and Residencies in that Province in which leaves are the names of the Towns and Villages where these Colledges are situated Round about the Tree are the Pictures of all the illustrious Persons of their Order and in Ignvtius his right hand
more than the Power of the Parliament of the Commonwealth of England together with the transcendent ambitious Title of The Supream Authority of the Nation in derogation of the Army Officers Supremacy who sufficiently chastised them for this strange Usurpation who have made it their chief businesse not only to New-model our ancient Fundamental Government Parliaments Ministry Ministers maintenance by Glebes Tithes and our Universities much according to Parsons and his Fellow Jesuites forementioned Plat-formes and Thomas Campanella his Instructions to the King of Spain De Monarchia Hisp. c. 25. but likewise to New-mould subvert eradicate the whole Body of our municipal Laws and with them the great Charter of our Liberties it self And in their last casâ—iered unelected Convention as some of their Companions now in greatest Power assure us in their True State of the Case of the Commonwealth of England c. London 1654. p. 5 16 17 18. there was a strong prevailing party whom nothing would satisfie but A Total Eradication of the whole body of the good old Laws of England the Guardians of our Lives and Fortunes to the utter subversion of civil Right and Propriety who likewise took upon them by vertue of a supposed right of Saintship in themselves to lay the foundation of a new Platform which was to go under the Name of A Fift Monarchy never to have an end but To war withall other powers and break them to pieces baptizing all their proselites into this Principle and perswasion that the Powers formerly in being were branches of the Fourth Monarchy of England Scotland and Ireland which must be rooted up and destroyed And what other Fifth Monarchy this could be but that projected universal Monarchy of the Iesuites which would bring the whole Monarchy of Great Britain and Ireland together with France Spain and all other Princes States in Christendome under the â—esuites subjection and break all other powers in pieces mentioned by Watson in his Quodlibets p. 306 to 333. and Alphonsus de Vargas Relatio de Stratagematis Sophismatis Politicis societatis Iesu Ad Monarchiam orbis terrarum sibi conficiendam c. 8. c. or else that Elective New Monarchy of Great Britain and Ireland projected by Campanella and Cardinal Richelieu which some Grandees now endeavour by their Instrument to erect and perpetuate for ever without alteration in themselves and their Successors though they thus expresly brand it in others let themselves and wise men resolve it being apparent by the practises and proceedings of all the Propugners of this new Project that this Fifth Monarchy they intend to erect is neither the spiritual Kingdom of Iesus Christ in their own hearts mortifying their ambitioÌ„ covetousness pride self-seeking unrighteousness violence rapines other worldly lusts nor the personal reign of Christ himself alone in and over our 3 Kingdoms and all other Nations for ever depriving all Temporal Kings and Princes of their Crowns Rights and Government over their Subjects which they falsly endeavour to evince from Dan. 2. 44 45 c. 7. 14 27. Micah 4. 1 2 7. Luke 1. 32 33. Rev. 20. 1. to 8. 1 Cor. 15. 24 25. Heb. 12. 26 27 28. but a meer supream arbitrary temporal Authority without Bounds or Limits encroached by and erected in themselves and their confederates without any colour of Right or Title by the Laws of God or the Realm and no ways intended but refuted by all these sacred Scriptures others which explain them This design of the Jesuites to alter and subvert the whole body of our Laws was so far promoted by the Iesuitical and Anabaptistical party in this last Assembly elected only by the Army-Officers that on Aug. 20. 1653. as our News-books print they Ordered there should be a Committee selected to consider of a A new Body of the Law for the Government of this Commonwealth who were to new-mould The whole Body of the Law according to Parsons his mould And hereupon our cheating Astrologers especially Lilly Culpeper the Iesuites grand Factors to cry down our Laws Tithes Ministers from the meer visible earthly Conjunctions Votes Motions Influences of these New wandring excentrick Planets at Westminster only not of any Coelestial Stars as they would make Country-Clowns believe alwayes moving and acting themselves by an unalterable Law from the very Creation until now Gen. 1. 14. to 19. c. 8. 22. Psal 104. 19. Psal 136. 8. 9. Ier. 31. 35 36. c. 33. 20 21. Iob 38. 32 33. therefore no ways exciting men to alter Fundamental Laws and Governments here on earth took upon them in their Monthly Prognostications for this year 1654. versity College Lands by Monthly endless Taxes Excises a perpetual Law Tith-oppugning Parliament-dissolving Army in whose Councels we have cause to fear the Iesuites have been most predominant of late years and will still make use of them to our final ruine if not effectually purged out and the Army new moulded new principled if any longer continued under pretext of publick safety and not wholy disbanded for the peoples ease and Liberty It is worthy observation that Tho. Campanella prescribed the sowing and continual nourishing of Divisions Dissentions Discords Sects and Schisms among us both in State and Church by the Machivilian Plots and Policies he suggests punctually prosecuted among us of late years as the principal means to weaken ruine both our Nation and Religion and bring us under the Spanish and Popish yokes at last witness his IAMVERO AD ENERVANDOS ANGLOS NIHIL TAM CONDUCIT QUAM DISSENTIO ET DISCORDIA INTER ILLOS EXCIT AT A PERPETUOQUE NUTRITA Quod citâ— meliâ—res occasiones suppeditabiâ— and that principally by instigating the Nobles and chief Men of the Parliament of England UT ANGLIAMIN FORMAM REIPUBLICAE REDUCANT AD IMITATIONEM HOLLANDORVM which our Republicans lately did by the power of the Army Officers or by sowing the seeds of an inexplicable war between England and Scotland By making it an Elective Kingdom as some now endeavour under another Notion or by setting up Other Kings of another Race without Legal Right or just Title against that ancient unquestioned undoubted Right and Title setled established in King Iames and his Royal Posterity by Inherent Birthright and lawfull right of Descent by God himself and his Laws confirmned strengthned by all possible Titles and Rights of compact Laws Statutes Oaths perpetual uncontradicted custome Protestations Covenants the solemn Publick Faith and Engagement of our English Parliaments Nation for themselves Their Heirs Posterities for ever as the Statutes of 1 Iacobi c. 1. 2 3 Iac. c. 1. 4 7. Iac. c. 6. which both houses of Parliament in their Declaration of Nov. 2. 1642. Exact Collect. p. 705 resolve And that upon this suggestion to the People Crudelem fore SCOTUM ubi semel Imperium in illos obtinuerit 〈…〉 mente repostum quanta injuria Angli Scotos superioribus
substance whereof I have here set before their eyes in ten brief Propositions and by Records Statutes Presidents Histories Contests Resolutions in all ages undauntedly as their Common Advocate asserted fortified to my power for their Encouragement and president in this publick work And if they will now but couragiously second me herein with their joynâ— bold rightfull Claims Votes Declarations and Resolutâ— Demands of all and every of their enjoyments and future inviolable Establishments with strenuous Oppositions of all illegal perpetual Imposts Excises Contributions Payments the chief nerves and cords to keep them still in bondage by Mercinary Forces supported only by them to keep them still in slavery according to their Oaths Vows Protestations Duties manifold late Declarations Remonstrances Solemn League Covenant and the encouraging memorable Presidents of their Ancestors in former ages here recorded I dare assure them by Gods blessing a desired good-Success whereof their Ancestors never failed no mortal Powers nor Armies whatsoever having either Impudency or Ability enough to deny detain them from them if they will but generally unanimously couragiously importunately claim and demand them as their Birth-rights But if they will still basely disown betray and cowardly desert both them and their Assertors and leave them to a single combate with their combined Jesuitical enemies whom none take care to discover suppress or banish out of our Realms where they now swarm more than ever and Armed Invaders the Fate of our old English Britons when they improvidently neglected to unite their Counsels Forces against and fought only singly with the invading united Armies of the Romans is like to be Englands condition now Dum pugnant singuli vincunntur universi the single Champions of our Liberties Laws Rights will be easily over-powered destroyed for the present and all others by their unworthy Treachery and Baseness in not adhering to but abandoning their present Patrons discouraged disabled to propugne regain them for the future and the whole Kingdom vanquished yea enslaved for eternity in all humane probability to those who have broken your former yokes of wood but instead thereof have made for and put upon you yokes of Iron and by the Jesuites Machiavilian Plots and Policies will reduce you by degrees under a meer Papal yoke at last having deeply leavened many in power and arms with their forementioned most desperate Jesuitical Positions Practises and Politicks which will soon usher in the whole body of Popery and all damnable Heresies whatsoever by degrees to the ruine of our Religion as well as Laws and Liberties Wherefore seeing it neither is nor can be reputed Treason Felony Sedition Faction nor any Crime at all but a commendable bounden Duty to which our Protestations Oaths Leagues Covenants Reason Law Conscience our own private and the publick Interest Safety of the Nation engage us for all and every Freeborn Englishman joyntly and severally to claim maintain preserve by all just honourable publick and private wayes they may their unquestionable Hereditary Birth-rights Laws Liberties Parliamentary Priviledges c. here asserted and presented to them after so much Blood Treasure Labour spent to rescue them out of the hands of old and late oppressing Tyrants nor any Offence at all but a praise-worthy service now in me or any other publickly to encourage them to this duty and the strenuous defence of our endangered undermined Protestant Religion subverted with our Laws Liberties and living or dying together with them at this present season as I have done heretofore upon all occasions And seeing none can justly censure them or me for discharging our Oathes Consciences Covenants Protestations Duties in this kinde but such as shall thereby declare themselves Publick Enemies and Trayters to the whole Nation Laws Government Parliaments of England as the Resolutions Presidents herein cited yea their own best friends and our Reformed Religion too have already adjudged them And seeing Sir Thomas Fairfax and the General Councel of his Army held at Putney Sept. 9. 1647. in their Declararation concerning THE FVNDAMENTAL AVTHORITY GOVERNMENT OF THE KINGDON printed by their appointment in these words Whereas a Member of the General Councel of this ARMY hath publikely declared and expressed himself THAT THERE IS NO VISIBLE AUTHORITY IN THE KINGDOM BVT THE POWER FORCE OF THE SWORD as others of them say since and now both by words and deeds without controll We therefore the said GENERAL COUNCEL to testifie How FARRE OUR HEARTS MINDS ARE FROM ANY DESIGN OF SETTING UP THE POWER OF THE SWORD ABOVE OR AGAINST THE FUNDAMENTAL AUTHORITY GOVERNMENT OF THE KINGDOM OUR READINESSE TO MAINTAIN AND UPHOLD THE SAID AUTHORITY have by a Free Voâ—e in the said Councel no man contradicting judged the said Member TO BE EXPELLED THE SAID COUNCEL Which we hereby thought fit to publish as A CLEAR MANIFESTATION OF OUR DISLIKE DISAVOWING SVCH PRINCIPLES OR PRACTISES which notwithstanding they have since avowed pursued in the highest degree and I desire them now to repent of reform and really make good have engaged to maintain and propugne with their Swords what I here endeavour to defend support with my Pen. And seeing they intituled their Printed Papers A Declaration of the Engagements Remonstrances Reprèsentations Proposals Desires and Resolutions from his Excellency Sir Tho Fairfax and THE GENERAL COVNCEL OF THE ARMY for setling OF HIS MAJESTY IN HIS JVST RIGHTS The PARLIAMENT in their JVST PRIVILEGES and the SVBJECTS in their LIBERTIES FREEDOMS Also Representations of THE GRIEVANCES OF THE KINGDOM REMEDIES PROPOVNDED for REMOVING THE PRESENT PRESSVRES WHEREBY THE SVBJECTS ARE BVRDENED and EXCISES TAXES amongst the rest And the Resolutions of the Army For the establishment of a firm lasting peace IN CHVRCH KINGDOM printed by their own and the Lords House special Orâ—er London 1647 the self-same things I here contend plead for which I wish they would now really make good by their future consultations and actions to avoid the just censures of meer Hypocrites and Impostors as the whole World will else repute them I shall therefore exhort not only the whole Army Army-Officers and their General Councel but likewise the whole English Nation and all real Lovers of their own or their Countries Liberties Peace Laws Ease Safety Religion and future establishment in this common Cause in the words of the Philistines one to another in a time of need when they were greatly affraid 1 Sam. 4. 9. Be strong and quit your selves like men O ye Philistines that ye be not servante to the Hebrews as they have been to youâ— quit your selves like men fight c. That so as the Apostle writes in the like case Phil. 1. 27 28. Whether I come and see you or be absent from you I may hear of your affairs that ye stand fast in one spirit with one mind striving together for the faith of the Gospel and the ancient Fundamental Laws Liberties Rights Priviledges Parliaments
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 Ancesters here recorded the Paterns of many gallant Pagan Romans Graecians 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-Freemen But if you wil now neither manfully demand speak nor contend for them any more out of a slavish fear of a prevailing Army raised only for their just defence or any other humane Powers whatsoever nor once adventure with united Spirits now at last so much as confidently boldly to ask these your unquestionable Birthrights at the Thrones of any mortal Grandees your Fellow-Subjects when God Almighty himself commands you to come with boldnesse 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 shal carry this as a comfortable Cordial with me to my grave That I have faithfully discharged my Conscience and bounden Duty to my degenerous Native Country by endevouring all I could both to make and preserve it free indeed to detect and prevent all Jesuitical Plots and Practises to undermine imbroyl divide subvert ruine it and used my utmost sincerest constant endeavours in my place and 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 kind 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 placeâ—e 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 permissive ordering over-ruling Providence doth no wayes justify nor extenuate the guilt of any Traytors Rebels Murderers Conspirators sinnes Treasons Rebellions Murders Regicides Conspiracies Rapines Oppressions or Wicked Devices which he permits them to plot act accomplish so it doth in no wise exempt them in Gods or Mens esteem from being the true Original Plotters Contrivers and immediate instrumental Actors of them nor from the divine or humane Punishments which they in justice demerit as is most evident by Gen. 50. 15. to 21. Psal 37. 7. 9. Prov. 24. 10 21 22. Iob 20. 5 6 c. 1 Kings 12. 12. to 25. c. 15. 23. to 30. c. 16. 1. to 30. specially ver 7 8. 2 Kings 11. 1. to 17. c. 14. 5 6. c. 15. 8. to 32. c. 17. 21 22. 1 Sam. 8. 2 Sam. 1. 2. to 17. c. 4. throughout Hos 1. 4. c. 8. 4 5. Isay 29. 15 16 c. 10. 5 6 7 c. Acts 1. 16. to 21. c. 2. 23. 1 Thess 2. 14 15 16. Mat. 27 3 4 5. compared together And if we should look upon all our late Changes Revolutions in our Kingdoms Government Church Parliaments Religion Laws wrought by the Iesuites and their Instruments as the meer wonderfull immediate Productions and Glorious Operations of God himself in the world and upon the instruments imployed in them only as Gods own precious chosen Saints and Servants accomplishing nothing but his own determinate Will Providence Councel though to satisfie their own ambition covetousnesse malice rapine blood-thirstinesse lusts as many now proclaim them and not as Conspirators Treacherous Perfidious Pernicious Malefactors in the highest degree as well as Iack Cade Wat Tyler Strafford Canterbury or the murderers of our Saviour Joash Ishbosheth with other Kings heretofore and of Henry the 3. and 4. of France of late there should then be no Traytors Conspirators Murderers Sinners Treasons Conspiracies Murders Sinnes in the world being all perpetrated by Gods permissive Providence no Law nor Hell to punish them and it would be no less than a direct resisting fighting against God and his Providence for any Christians Kingdoms Kings or Loyal Subjects to pray against resist oppose the Treasons Murders Conspiracies Vsurpations Rebellions Innovations Plots of any Iesuites or Romish Emissaries or their under-Agents against our Kings Kingdoms Governors Parliaments Laws Liberties Government and Religion which would be professed Blasphemy or Frenzy at least for any man to affirm 2. That this Iesuite Parsons in his â—oâ—ks 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 COVRT OF PARLIAMENT HE WILL HAVE BROVGHT TO BETTER FORM as W. W. a secular Priest in A Dialogue between a Secular Priest and a Lay-Gentleman printed at Rhemes An. 1601. p. 95. Watson in his Quadlibets p. 92. to 96. 320. to 334. William Clark a sâ—cular Priest in his Answer to Father Parsons Lâ—bel p. 75. c. in direct terms attest And may we not then justly suspect that the late New-models and Reformations of our Kingdoms Parliaments Government Laws c. originally promoted by our Army Counsels and Officers proceeded primarily from the Iesuites Projections Plots against them if the Statutes of 23 Eliz. c. 1. 27 Eliz. c. 2. 35 Eliz. c. 2 3. Iac. c. 1 2 4 5 7. 7 Iac. c. 6. and the manifold Declarations of both Houses of Parliament Exact Collection p. 491 492 497 498 616. 631 666 698 813 to 828. may be judges 3. That the Iesuites drift directly is immediatly by means of CONQUEST intended for England to bring it and all Christendom into an uproar FOR COMMON SOVLDIERS 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 Iesuitical Position That every Precopie or Tartarian multitude getting once the stile and title of a PUBLICK STATE or HELVETIAN COMMON-WEALTH 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-sâ—mple as William Watson assures us in these very terms And whether the Jesuites have not 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 reject suppress them at their pleasure let themselves the whole Nation with all in present power in the fear of God most seriously consider without passion or affection before it be over-late 4. That the Oathes of Supremacy and Allegiance which all Members of Parliament ought by Law to take before they can sit or vote as Members specially made and prescribed by our most wise zealous Protestant Parliaments to prevent the Treasonable plots and designs of Popes Iesuites and Papists against our Protestant Princes Realms Parliaments Religion though confirmed by many Statutes and containing in them only the Declaration of such a Duty as every true and well-affected Subject not only by the bond of Allegiance but also by the COMMANDMENT OF GOD ought to bear to the King his Heirs and Successors and none but persons infected with Popish Superstition formerly oppugned as the Prologue of the Statute of 7 Iacobi c. 6. positively resolves have by late State innovators not only been discontinued suspended but declaimed against and repealed as much as in them lay as VNLAWFUL OATHS the old Lawes against Iesuits and Popish Seminaries discontinued abrogated or coldly executed The New Oath for abjuration of Popery with all Bills against Iesuites and Papists presented to the late King by both Houses the last Parliament and by him consented to in the Isle of Wight wholly laid aside and quite buried in oblivion The Solemn Protestation League and Covenant prescribed by the last Parliaments taken by all the well-affected in all the 3 Kingdoms to prevent the dangerous plots of Papists Iesuites and our common enemies to destroy our Religion Churches Realms Government Parliaments Laws Liberties quite antiquated decâ—ied detested and a New Engagement forcibly imposed under highest penalties and disabilities upon all men diametrically contrary to these Oaths Protestations and Covenants which have been by a new kind of Papal power publickly dispenced with and the people absolved from them to become sworn Homages to other new self-created Lords and Masters And are not all these with the late Proclaimed Universal Toleration and Protection of all Religions to considerate zealous Protestants strong Arguments of the Jesuites Predominancy in our late counsels transactions and changes of publike Government 5. That the Notion of THE PRESENT GOVERNMENT in my weak apprehension derived its original from the Iesuites late-invented PRESENT CHURCH the onely Supream Power and Judge of Controversies which all men must submit unto by a meer absolute blind Obedience and implicit faith without dispute by their determination as they must do by a like Iesuitical blind obedience newly taught and obtruded on us to that present Republican Government and new Optimacity and Popularity lately set up instead of our Monarchy Which two forms of Government and want of a King and Monarchy as they are the punishment of a peoples Sins and the Transgressions of a Land by Gods own resolution not a Mercy Hosea 10. 3. c. 1. 4. Ier. 18. 7. Prov. 28. 2. Ezâ— 19. 14. Lam. 4. 20. c. 5 7 8 12. so they were the inventions of Factious Grecians at first wâ—ch put all their Cities into Combustions fury frenzy and civil wars against each other to their utter overthrow in conclusion witness these verses of Heniochus a Greek Comedian Tum geminae ad illas accesserunt Mulieres TITAS QUAE CUNCTA CONTURBARUNT OPTIMAEst nomen alteri alteri POPULARITAS RUNT Quarum incitatis PRIDEM EXTERNATAE FUâ— So the Iesuits Parsons Campanella Car. Richelieu designed to introduce set them up among so us in Engl. Scotl. and Ireland of purpose to divideâ— destroy us by civil wars and combustions and bring us under their Jesuitical power at last as the marginal Authorities declare to all the world And if this be undeniable to all having any sence of Religion Peace or publick Safety left within their brests is it not more than high time for us to awake out of our former lethargy fordid selfish stupidity to prevent our ruine by these and other forementioned Jesuitical practises Of can any Englishman or real Parl. be justly offended with me for this impartial discovery of them Or for my endeavours to put all the dislocated Members and broken bones of our old inverted fundamental body Politick into their due places joints and postures again without which there is no more possibility of reducing it to its prâ—stine health ease settlement tranquility prosperity or of preserving it from perpetual pain inquietation consumption and approaching death than of a natural body whose principal members continue dis-joynted and bones broken all in pieces as all prudent State-Physicians must acknowledge These five Considerations together with the Premises will I presume sufficiently wipe off all the malicious scandalous Imputations which Militiere and other Papists have injuriously cast upon the Principles and chief Professors of our Reformed Religion in relation to the late exorbitant Proceedings against the King Parliament the publike Revolutions Confusions Ataxies both in our Church Kingdoms and retort them on the Iesuitical Papal seditious Treasonable Antimonarchical Principles and Professors of their Religion especially the Iesuits and French Cardinals Militiere his late Lords and Masters the original Contrivers and chief clandestine Promoters of them as every day more and more discovers to the world And withall abundantly justifie this my undertaking impartial discovery of Jesuitical plots to ruin our Church Religion Kingdoms Parliaments Laws Liberties Government against all malicious Enemies Accusers Maligners whatsoever before all the Tribunals of God or Men where I shal be ready to justifie them upon all occasions In perpetual testimony whereof I have hereunto set my Hand and by Gods Grace shall ever be ready to seal them and the truth of God with my blood if called out to do it Swainswick Aug. 12. 1654. William Prynne A Seasonable Legal and Historicall VINDICATION and Chronologicall Collection of the good Old Fundamental Liberties Franchiseâ— Rights Laws of all English Freemâ—n their best Inheritance Birth-right Security against all Arbitrary Tyranny Aegyptian Slavery and Burdens of late years most dangerously undermined oppugned and almost totally subverted under the specious feigned Disguise of their Defence Enlargement and future Establishment upon a sure Basis IT is an universall received Principle and experimentall truth beyond all contradiction That no naturall structure no artificial building no Civil or Ecclesiastical Corporation Realm Republike Government or Society of men no Art or Science whatsoever can possibly be erected supported established preserved or continued in their being or well-being without FOVNDATIONS Whereon as they were at first erected so they must necessarily still depend or else they will presently fall to utter ruine Hence it is to wave all Humane Authorities in so clear a verity that in Gods own sacred unerring word of Truth we finde frequent mention of the naturall
who have suffered acted and stood up most for their Common Liberties Rights Freedoms Religion against all invading Tyrantâ— to their great discouragement and betraying not pitch upon any Subject more proper for me either as a common Lawyer or as a constant Advocate and Sufferer for the publike Cause and Liberties of the Nation as well under our late extravagant Free State as former Regal and Episcopal arbitrary Tyranny than in this juncture of our publike affairs to present our whole distracted unsetled Kingdome with A Legal and Historical Vindication and Chronological Collection in all ages of these Ancient Hereditary liberties Franchises Rights and all those National Parliamentall legal and Martial Contests Laws Charters Records Monuments of former and late times for their Confirmation and inviolable observation which our Ancestors and our selves have alwaies hitherto reputed Fundamental unalterable and inviolable upon any pretext and have most eagerly contended for with the Prodigal expence of many millions of treasure and whole Oceans of gallant Christian English blood And if upon the serious perusall of them the universality of our degenerated Nation after their many solemn Protestations Vows Leagues Covenants Remonstrances inviolably to defend and maintain them shall still so undervalue them now at last as most actually have done as not to esteem them worth the owning maintaining vindicating or perpetuating any longer thereby draw upon their heads the reall guilt of all those bloody Wars Murders Tumults Violences Rapines Oppressions Sins Mischiefs illegal Taxes Excises Exorbitancies which their many late years pretended necessary defence and preservation have brought upon our three whol Nations let them henceforth like so many dastardly conquered bondslaves bored through the ears publikely disavow disclaim renounce abjure them for themselves and their posterities for ever as meer worthlesse toyes or pernicious inventions fit onely to kindle perpetual wars and discords between King and People head and members superiours and inferiours or as poor slender Cobwebs as now they prove able to hold none within compasse but the very weakest Flies broken thorow with ease and impunity by every greater Fly or armed Waspe creeping up into any Power or Supream Authority by right or wrong and swept down to the very ground by every new Broom in the hand of vpstart Innovators But if upon saddest deliberation they shall really estimate them to be such incompatable rich precious Jewels and ancient Inheritances as are every way worth the infinite Treasures Wars Blood Cares Consultations Troubles heretofore and of late years expended both to gain retain confirm and perpetuate them to them and their Posterities for ever as their principal earthly security and beatitude I hope they will all then unanimously conclude with the Poet Non minor est virtus quà m quaerere PARTA TVERI And both by their Votes and Actions return the self-same peremptory magnanimous answer to any Caesar Conqueror Potentate power or Combination of men whatsoever who shall endeavour by force fraud or flattery to compell or perswade them to sell resign betray or give up these their Ancestrall Priviledges Inheritances Birth-rights to them as Naboth once did to King Ahab 1 Kings 21. 3. The Lord forbid it us that we should give sell or betray the INHERITANCE OF OVR FATHERS and our Posterities likewise unto thee or you though they should suffer for this Answer and Refusall as much as Naboth did from bloody Ahab and Jezebel But whatever low price or estimate this spurious stupid sordid slavish age may set upon these richest Pearls yet for my own particular upon serious consideration of these Chronological Collections and the Solemn Oaths Protestations Vows League and Covenant obliging me to defend them to the uttermost I value the whole Nations publike and my own with my cordial friends private interest in them at so high a rate that I would rather chearfully part with ten thousand lives and all the treasures of the Nation Indies were I owner of them then wittingly negligently or unworthily sell betray or resign them up to any mortals or powers whatsoever upon any pretences or Conditions after all my former Publications Contests Sufferings Losses c. for their just defence And to the end al others might now take special notice of the inestimable value our Ancestors in all ages have set upon them and what successive wars conflicts they have chearfully undertaken for their preservation I have at vacant hours compiled this ensuing Vindication and Collection of the old Fundamental liberties franchises laws of all English freemen which I shall bequeath to my most beloved Native Country in general and every reall Heroick Patron of them in particular as the best Legacy I can leave behinde me both for their present and future Enfranchisment Immunity security from all Arbitrary Tyranny Slavery and yokes of Bondage under which they have a long time languished and lamented in the bitterness of their spirits The Method I resolve herein to pursue is this 1. I shall produce some punctuall Authorities of moment to evidence That the Kingdome and Freemen of England have some ancient Hereditary just Rights Liberties Priviledges Franchises Laws and Customs properly called FVNDAMENTAL and likewise a Fundamental Government no wayes to be altered undermined subverted directly or indirectly to the publique prejudice under pain of highest Treason in those who shall attempt it especially by fraud force or armed power 2. I shall in brief Propositions present you with the chiefest and most considerable of them which our Ancestors in former ages and our latest real Parliaments have resolved to be and eargerly contended for as FUNDAMENTAL essentiall to their being and well-being as a Free People Kingdome Republique unwilling to be enslaved under any Yokes of Tyranny any arbitrary 〈◊〉 positions or Powers whatsoever Then give you a briefe touch of their severall late unparalelld violations both by the Edicts and Actions of usurping Powers 3. I shall in a Chronological way tender you a large Historical Catalogue of National Parliamental civill and military Contests Votes Declarations â—emonstrances Oathes Vows Protestations Covenants Engagements Excommunications Confirmations Evidences Statutes Charters Writs Records Judgments and Authorities in all ages undeniably evidencing declaring vindicating establishing perpetuating these Fundamental Hereditary Rights Liberties Priviledges Franchises Customs Laws and abundantly manifesting the extraordinary care industry zeal courage wisdome vigilancy of our Ancestours to defend preserve and perpetuate them to posterity without the least violation or diminution 4. I shall vindicate the excellency indifferency and legâ—lity of trying all Malefactors whatsoever by Juries of their â—eers upon legal Processe and Indictments and manifest the illegallity injustice partiality dangerous consequences of admitting or introducing any other form of Trials by New Arbitrary Martiall Commissions or Courts of High Justice or rather injustice inconsistent with and destructive to the Fundamental Rights Liberties Priviledges Laws Franchises of the English Nation and of most dangerous President to Posterity being set up by the
the Realm as the Arteries Nerves Veines are in and to the natural Body the Bark to the Tree the Foundation to the House and therefore the cutting of them a sunder or their Subversion must of necessity kill destroy disjoyn and ruine the whole Realm at once Wherefore it must be Treason in the highest degree But I shall onely subjoyn here some materiall Passages in Master St. Johns Argument at Law concerning the Attainder of High Treason of Thomas Earle of Strafford before a Committee of both Houses of Parliament in Westminster Hall Aprill 29. 1641. soon after Printed and published by Order of the Commons House Wherein p. 8. he lays down this Position recited again p. 64. That Straffords endeavouring To subvert the Fundamentall Lawes and Government of England and Ireland and instead therefore to introduce a Tyrannicall Government against Law is Treason by the Common Law That Treasons at the Common Law are not taken away by the statutes of 25. E. 3. 1 H. 4. c. 10. 1 Mar. c. 1. nor any of them The Authorities Judgements in and out of Parliament which he cites to prove it have been already mentioned some others he omitted I shall therefore but transcribe his Reasons to evince it to be Treason superadded to those alledged by him against the Ship mony Judges Page 12. It is a War against the King Let our Military Officers and Souldiers consider it when intended For alteration of the Laws or Government in any part of them This is a levying War against the King and so Treason within the Statute of 25. E. 3. 1. Because the King doth maintain and protect the Laws in every part of them 2. Because they are the Kings Laws He is the Fountain from whence in their severall Channels they are derived to the Subject Whence all our indictments run thus Trespasses laid to be done Contra pacem Domini Regis c. against the Kings peace for exorbitant offences though not intended against the Kings Person against the King his Crown and Dignity Page 64. In this I shall not labour at all to prove That the endeavouring by words Counsels and actions To subvert the Fundamental Laws and Government of the Kingdome is Treason at the Common Law If there be any Common Law Treasons at all left NOTHING TREASON IF THIS IS NOT TO MAKE A KINGDOME NO KINGDOME Take the Policy and Government away Englands but a piece of earth wherein so many men have their commerce and abode without rank or distinction of men without property in any thing further than in possession no Law to punish the murdering or robbing one another Page 70 71 72. The horridnesse of the offence in endeavouring to overthrow the Laws and present Government hath been fully opened before The Parliament is the representation of the whole Kingdome wherein the King as Head your Lordships as the more Noble and the Commons the other Members are knit together in one body Politique This dissolves the Arteries and Ligaments that hold the body together THE LAWS He that takes away the Laws takes not away the Allegiance of one Subject only but of the whole Kingdome It was made Treason by the Statute of 13 Eliz. for her time to affirm That the Law of the Realm do not binde the descent of the Crown No Law no descent at all NO LAWS NO PEERAGE no ranks nor degrees of men the same condition to all It s Treason to kill a Judge upon the Bench this kills not Judicem sed Judicium There be twelve men but no Law never a Judge amongst them It s Felony to embezell any one of the Judiciall Records of the Kingdome THIS AT ONCE SWEEPS THEM ALL AWAY and FROM ALL. It s Teason to counterfeit a Twenty shilling peice Here 's a counterfeiting of the Law we can call neither the counterfeit nor the true Coyn our own It s Treason to counterfeit the great Seal for an Acre of Land No property is left hereby to any Land at all NOTHING TREASON NOW AGAINST KING OR KINGDOME NO LAW TO PVNISH IT My Lords If the question were asked in Westminster Hall whether this were a Crime punishable in the Star Chamber or in THE KINGS BENCH by Fine or Imprisonment They would say It were higher If whether Felony They would say That is an Offence onely against the Life or Goods of some one or few persons It would I believe be answered by the JVDGES as it was by the Chief Justice Thirning in the 21 R. 2. That though he could not judge the Case TREASON there before him yet if he were a Peer in Parliament HE WOULD SO ADJUDGE IT And so the Peers did here in Straffords and not long after in Canterburies case who both lost their Heads on Tower-Hill I have transcribed these Passâ—ges of Mr. Oliver S. John at large for five Reasons 1. Because they were the Voice and Sence of the whole House of Commons by his mouth who afterwards owned and ratified them by their special Order for their publication in Print for information and satisfaction of the whole Nation and terrour of all others who should after that either secretly or openly by fraud or force directly or indirectly attempt the subversion of all or any of our Fundamental Laws or Liberties or the alteration of our Fundamental Government or setting up any Arbitrary or Tyrannical Power Taxes Impositions or new kinds of arbitrary Judicatories and imprisonments against these our Laws and Liberties 2. To minde and inform all such who have not onely equalled but transcended Strafford and Canterbury in these their HIGH TREASONS even since these PUBLICATIONS SPEECHES and their EXEMPLARY EXECUTIONS of the hainousnesse in excusablenesse wilfulnesse maliciousnesse Capitalnesse of their Crimes which not onely the whole Parliament in generality but many of themselves in particular so severely prosecuted condemned and inexorably punished of late years in them that so they may sadly consider bewail repent reform them with all speed and diligence as much as in them lies And with all I shall exhort them seriously to consider that Gospel terrifying passage if they have not quite sinned away all Conscience Shame Christianity Religion and Fear of the last Judge and Judgement to come Rom. 2. 1 2 3. Therefore thou art inexcusable O man whosoever thou art that judgest for wherein thou judgest another thou CONDEMNEST THY SELF FOR THOV THAT JUDGEST DOEST THOV THE SAME THING But we are sure that the Judgment of God is according to truth against them who commit such things And thinkest thou this O man that judgest them which do such things and doest the same that thou shalt escape the Judgment of God 3. To excite all Lawyers especially such who of late times have taken upon them the stile power of Judges to examine their Consciences Actions how far all or any of them have been guilty in the highest degree of these Crimes and Treasons so highly aggravated so exemplarily punished of former and
exported or imported except the same be due by Grant IN PARLIAMENT shall incur the penalties and forfeitures OF A PREMVNIRE to the which the King gave his Royal Assent And to prevent any future prescription thereunto by the King they discontinued it for some time and then granted it specially from Month to Month or some short space with sundry limitations and the penalty of A PREMVNIRE if otherwise received by several New Acts of Parliament to which the King gave his assent These Acts the King himself in his Proclamation of the sixteenth of December in the eighteenth year of his reign stiles THE FENCES OF THE SVBJECTS PROPERTY received from Vs and understood by Vs as one of THE GREATEST GRACES THE CROWN EVER CONFERRED ON THE SVBJECT And by that Proclamation he prohibited all his Subjects both the paiment and receipt of any Monies for Customs or other Maritine Duties contrary to this Act by any Ordinance of both Houses of Parliament under pain of a PREMUNIRE and of being likewise proceeded against as ill-affected persons to the Peace of the Kingdome Whereupon the Lords and Commons in their answer to this Proclamation though they declared that the intent and meaning of that penall Clause of a PRAEMVNIRE and other Forfeitures in these new statutes which likewise disable every person Customer Officers who should take or receive or cause to be taken or received any such subsidy or imposition upon any Merchandize during his life to sue or implead any persons in any action reall mixt or personal in any Court whatsoever was only to restrain the Crown from imposing any duty or payment on the Subjects without their consent in Parliament and that it was not intended to extend to any case whereunto the LORDS and COMMONS GIVE THEIR ASSENT IN PARLIAMENT which they never did to this New White-hall Ordinance nor the pretended Act recited in it therefore the imposers and receivers of it by vertue thereof without such assent in Parliament are within the penalties of the aforesaid Statutes Yet to avoid the danger of a Praemunire in their Officers by exacting it only by an Ordinance of both Houses without a speciall Act of Parliament they did by their first Ordinances impose and demand Customes Tonnage Poundage and new Imposts not as a Legal Duty but only BY WAY OF LOANE til the Act of Parliament for their future continuance should be assented to by the King as their Declaration of 31 December 1642. and their Ordinance of the same date concerning the subsidy of Tonnage and Poundage attest By what coulor of Law Iustice Right this antient birth-right of all English Subjects so lately declared by three Acts of Parliament to which most of our late and present White-hall Grandees were parties comes to bee lost and forfeited by our contests to preserve it or how the Customes Imposts of Tonnage and Poundage can bee now imposed continued on or exacted from the Subjects by any Powers Officers or persons Whatsoever and levied by severest penalties Forfeitures Imprisonments Seisures by pretext of this White-hal Ordinance though no waies granted by common consent and Act of Parliament without incurring a Praemunire and forementioned penalties disabilities or without subverting the Fundamental Liberty Property Franchises Laws Statutes of the whole English Nation in a farre higher degree then ever in former ages I cannot yet discern and all our New Governours Merchants Customers Officers and other persons who have any Cordial affection Love Zeal to their own or the peoples hereditary Rights and Priviledges may do well to demurre in Law upon it till they can satisfy their own and other mens consciences therein to prevent the dangerous consequences of such an ill president to posterity In the Parliament of 1 H. 4. rot Parl. n. 32 33 34 36. These were the principall Articles of impreachment exhibited against King Richard the Second for which hee was forced to depose himself as unfit to Govern and resign up his Crown to King Henry the Fourth That whereas the King of England out of the profits of the Realm and the Patrimony belonging to his Crown might live honestly without oppression of his people so as the Kingdome were not burdened with the extraordinary expences of warre that this King during the Truces between the Realm and the Adversaries thereof gave and squandered away a great part of the Crown-Lands to unworthy persons and thereupon exacted almost every year so many Taxes and Grants of Ayde from his Subjects of the Realm that hee thereby GREATLY and TOO EXCESSIVELY OPPRESSED HIS PEOPLE TO THE IMPOVERISHING OF HIS REALM That the same King being unwilling to keep and defend the just Laws and Customes of his Realm and to do according to his pleasure whatsoever should suite with his desires frequently when the Laws of his Realm were expounded and declared to him by the Justices and others of his Council who requested him to administer Justice according to those Laws said expresly with an austere and frownning Countenance THAT THE LAWS WERE HIS more suo AFTER his own MANER and sometimes THAT THEY WERE IN HIS OWN BREAST and THAT HEE ALONE COULD ALTER and MAKE THE LAWS OF HIS REALM And being seduced with this opinion he permitted not Justice to be done to very many of his Leige people but compelled very many to cease from the prosecution of common Justice That when as afterwards in his Parliament certain Statutes were made which might always bind till they were specially repealed by another Parliament the same King desiring to enjoy so great Liberty that none of these Statutes might so binde him but that he might execute and do according to the pleasure of his own Will which hee could not do of right subtilly procured such a Petition to be presented to him in his Parliament in the behalf of the Commons of his Realm and to be granted to him in the general THAT HE MIGHT BE SO FREE AS ANY OF HIS PROGENITORS WERE BEFORE HIM By colour of which Petition and Grant he frequently did and commanded to bee done MANY THINGS CONTRARY TO THE SAID STATVTES NOT REPEALED GOING AGAINST THEM EXPRESLY and WITTINGLY AGAINST HIS OATH AT HIS CORONATION That although by the Statutes and Customs of his Realm in the summoning of every Parliament his people in every County of the Realm ought to be free to elect and depute Knights for the said Counties to sit 〈◊〉 Parliament both TO RECEIVE their GRIEVANCES and TO PROSECVTE REMEDIES THEREUPON AS IT SHALL SEEM EXPEDIENT TO THEM yet the said King that he might in his Parliament be able to obtain the effect of his rash Will frequently directed his Mandates to his Sheriffs that they should cause to come to his Parliament CERTAIN PERSONS NAMED BY THE KING HIMSELF AS KNIGHTS OF THE SHIRE Which Knights verily favouring the said King he might easily enduce as he frequently did sometimes by divers threats and terrors and sometimes by gifts TO CONSENT TO THOSE THINGS WHICH WERE VERY
these words That the raising of Money for defraying the charges of present extraordinary Forces both by Land and Sea in respect of the present warrs shall be by consent of Parliament Save only that the Lord Protector with the consent of the Major part of the Councel for preventing the disorders and dangers which may otherwise fall out both at Sea and Land shall have power until the Meeting of the first Parliament on the 3. September 1654. to raise Monies for the purposes aforesaid The former part of this Article is consonant to and expounded by the 6. forecited which is more generall and the plain sense thereof is this That all monies raised for defraying the Extraordinary Forces both by Land and Sea exceeding the antient standing Garrisons Guards maintained by the old constant Revenues of the Crown without any Tax upon the People shall be by consent of parliament Therefore a fortiori all perpetual standing Taxes Excises Contributions to maintain the ordinary and extraordinary Forces by Land or Sea and ordinary expences of the Government which in respect of their constancy permanency are far more grievous dangerous to the Subject than rare extraordinary ones upon emergent occasions must and ought not to be imposed by their new created Power out of Parliament after the 3 of September It any here object That the latter clause of the 30 Article Save only c. Authorized those at Whitehall without a Parliament to impose Excises Taxes Customs Impositions Contributions forementioned and any other constant annual Revenue they shall settle according to the 27 Article so as it be done before September 3. 1654. Therefore they are all lawfull because imposed before that time by their printed Ordinances forecited I Answer 1. That this saving is utterly void in law to all intents 1. Because it is not only contrary to all our Fundamental Laws Great Charters Statutes but repugnant to the body of the 6 Article and first part of the 30 to which it is annexed 2. Because it assigns the Legislative Tax-imposing Power the inseparable incommunicable Iurisdiction of our Parliaments alone to a new Whitehall Councel by a void instrument made out of Parliament for a certain time which biggest Soveraign power the Parliament it self neither legally may nor can nor ought to transfer by any Ordinance or Act of Parliament to any Committee of their own Members no not for a moment as is both resolved and declared by Act of Parliament 1 H. 4. c. 3. and Rot. Parl. 1 H. 4. n. 26 48 6 6 70. 31 H. 8. c. 8. 34 H. 8. c. 23. and 1. E. 6. c. 12. it being derogatory and destructive to the free State power Rights of Parliaments tending to the great incommodity of the whole Realm and of pernicious example to Posterity as the whole Parliament of 1. H. 4 long since resolved in positive termes 2ly This saving is just like the Popes old Detestable Non Obstante at the close of their Bulls quae omnem subvertit praehabitam Justitiam which subverted all the Justice and Privileges granted before to any in the Body of those Bulls and as pernicious as that Proviso which the House of Lords desired at first to have inserted into the Petition of Right which would have made it Felo de se because it insinuated that the King by his Soveraign power where with the Law had intrusted him for the protection safety and happinesse of his People might impose any Aid Tax Tallage or charge upon his People without a Parliament though by his ordinary power he could not do it which had left the Subjects in worse case than it found them and wholly destructive to it self in all the parts thereof whereupon after a conference had concerning it by the Commons it was totally rejected by both Houses as this Salvo must be for the self same reason 3ly Admit it valid yet it gives power to them to raise moneys for the maintenance by Land and Sea only until September 3. 1654. and no longer as is evident by the very words themselves and the Confession Exposition of those who made the Instrument as most suppose in their True State of the Case of the Commonwealth of England c. 1654. p. 39. 40. in these words This power is to continue only til the sitting of the next Parliament Yea George Smith in his new Treatise intituled Gods unchangeablenesse c. in justification of the present Governour and Government p. 54. writes thus And for his seeking to have power to make Laws and raise monâ—ys it is meer calumniation He seeks it not He claimes it not but leaves it to the wisdom of Parliament as appears in Artiole 6. as is thus excepted for and in Cases of safety and necessity till the time that this present Parliament was assembled and yet to be done by him with the advice of his Council so then he seeks not the strength nor treasure of the Nation nor to have it in his own power Therefore they can impose no Taxes Excises nor Contributions by their printed Ordinances to continue after its beginning nor by any future Ordinances as they term them after that time Now the first Tax of Excise forementioned is imposed till the 26 of March 1655 which is 7 months after the 3 of September 1654. The 2 of Customs Tonnage and Poundage is continued til the 26 of March 1658 which is 3 years and 7 months after this 3 of September And the 3 for the 6 Months Contribution reacheth till the 29 of December 1654 which is near full 4 Months after the first sitting of that their next Parliament And any constant yearly Revenue setled by them will far exceed this limited time and all former Taxes Therefore all these premised and all other future Excises Customs Impost Contributions by pretended Ordinances for their levying after the 3 of September exceeding the power and time limited by this Saving must be void and no ways warranted by the very Saving it self and to be opposed as such 4ly To say That although these several impositions continue after the 3 of September 1654 yet they were imposed by their Printed Ordinances before it therefore within this Saving is a most absurd excuse and shift repugnant to the words yea wholly destructive to the 6 Article and first part of the 30 For by this reason had their forecited Ordinances or any other dormant or future Antedated ones yet unpublished imposed Excises Customs Tonnage Poundage Contributions on us for twenty fifty an hundred or a thousand years yet to come before the 3. of September they must have been binding to us and our Posterities during all that space and unavoidable by the people or future Parliaments by this Saving and exposition of it But the words of this Saving giving only Power to raise Monies until the Méeting of the first Parliament not to make New Edicts any time before it to impose and continue Taxes for any time or years after
peremptorily to withstand the firs to prevent a second customary future exaction and payment in like kind pursuing the Poet Ovids old sage Counsel wherewith I shall conclude this point Principiis obsta serò medicina paratur Cum mala per longas invaluere moras How transcendently all the other Fundamental Laws Liberties Rights of our English Freeborn Nation have by late and present Governours and their Instruments been infringed subverted in an higher avowed degree than ever in former ages by forcible tyrannical Proceedings of all kindes in breaking open mens Houses by armed Souldiers and other unsworn illegal Officers Excise-men Sequestrators both by day and night seising their Persons Horses Armes Papers Writings ransacking their Studies Truncks Cabinets upon false surmises suspicions close imprisoning their persons by multitudes without before any examination particular accusation hearing trial in unusual places and some of them in remetest Isles Garrisons under Souldiers Their pressing of men for Land and Sea service and carrying them away perforce by Soldiers Troopers Officers Mariners like so many Prisoners out of their own Counties and the Realm to unnatural unchristian Warrs against their Wills and Consciences Their disinheriting many Thousands of English Freemen of all sorts of their Freeholds Lands Offices Fraâ—chises Honors Authorities spoyling them and theirs of theirs Goods Chattles Estates Lives in and by Arbitrary Committees Martial other extravagant Courts of highest Injustice Subverting Changing our ancient Fundamental Lawes Statutes and enacting New without the Peoples free consents in Lawfull English Parliaments altering the whole Frame and Constitution of our Monarchy Government and Parliaments themselves Depriving the people of the Free election of their Parliament Members and other Elective Officers contrary to our Lawes Charters Usages securing secluding the Members of Parliament themselves by armed Force dissolving Parliaments by the Sword alone without Writ or legall power contrary to Acts and Privileges of Parliament by erecting New Legislative Tax-imposing Self-created Powers not elected by the People at Whitehall and elsewhere not to be paralleld in any age By creating New-Treasons contrary to the old ones and the Statute of 25 E. 3. and condemning sequestring imprisoning executing English Peers and Freemen only for their loyalty Duty to their lawfull Soveraigns and defence of the Rights Privileges Liberties Laws of the Kingdom Parliament Nation according to their Oathes Protestations League Covenant and Gods own Precepts against the publique Enemies Oppugners Vnderminers Subvertors of and Conspirators against them By making publick wars at Land and Sea with our Christian Protestant Brethren and other Nations and concluding Leagues Truces without common consent or advice in Parliament By alienating selling giving squandring away the ancient Demesnes Lands Honours Rents Revenues Rights Inheritances of the Crown of England yea of Scotland and Ireland likewise to Officers Souldiers of the Army and others for pretended Arrears Services or inconsiderable values which should defray all the constant ordinary Expences of the Government publique State Officers Embassadours Garrisons Navy Courts of the Kingdom and ease the People from all kind of Taxes Payments Contributions whatsoever towards them except in extraordinary emergent cases and necessities in times of war requiring extraordinary expences for their publique safety supplied by Aydes and Subsidies granted only by common consent in Parliament only and not otherwise which now must be wholly or for the greatest part defrayed by the People alone out of their own exhausted private estates by endlesse Taxes Excises Contributions as appears by the 27 28 29 30. Articles of their New ill sounding Instrument foreinsisted on whiles others without right or legal Title enjoy the old standing Demesnes Lands Rents Revenues and Perquisites of the Crown for their private advantage without any Acts of Resumption usual in all former ages to keep the Kingdom Nation from becoming Bankrupts and people from oppression which should ease the people of those intollerable constant burthens lately laid upon them against all Justice Law Conscience and make insufferable wasts and spoyles of the stately Houses Timber Woodâ— Mines Forrests Parkes of the Crown without restraint to the Kingdoms extraordinary prejudice for which they ought to give an Account and make full reparations if the Earl of Devonshires case Cook 11 Reports f. 89 90 91 be Law And by sundry other particulars requiring whole Baronian volumes to recite and specifie to the full is so well known by dayly experience and multitude of Presidents fresh in memory to our whole three Nations that I shall here no further insist upon them all which experimentally confirm the truth of our Saviours own words Iohn 10 1 10. Verily verily I say unto you He that entreth not by the Doâ—r into the Sheepfold but climbeth up some other way the same is a Theef and a Robber The Theef cometh not but steal and to kill and to destroy Whatever his pretences be to the contrary And this rule of Johannes Angelius Wenderhagen Politiae Synopticae lib. 3. c. 9. sect 11. p. 3. 10. Hinc Regulae loco notandum Quod omne Regnum vi Armata acquisitum in effectis Subditos Semper in durior is Servatutis conditiones arripiat licet a principio Dulcedinem prurientibus spirare videatur which we now find most true by sad sensible experience Ideâ— cunctis hoc cavendum Ne temere se seduci patiantur FINIS This Epistle should have been printed before the first part but was omitted through hast a See the several Epistles of Frederick the Emperor against Pope Gegory the 9 and Innocent the 4 recorded by Mat. Paris p. 332. to 693. sparsim b See Extraâ— de Majoritate Obedientia Augustinus Triumphus Bellarminus Becanuâ— and others De Monarchia Remani Pontificis Hospiniaâ— Hist Jesui l. 3 4. * Henricus de Knighton de Eventibus Angli ae l. 2. c. 14 15. c See Massaeus Vegius Petrus Ribadeniera in vita Ignatii Loyolae Heylins Micracosme p. 179. d See Lewis Owen his Jesuites Looking-glass printed London 1629. the Epistle to the Reader and p. 48 to 58. Jubilaeum sive speculum Jesuitiâ—um printed 1644. p. 307 to 213. Hospinian Hist Jesuitica l. 2. * Speculum Jesuiticum p. 210. See Romes Master-peice Conterburies Doom p. 435 c. Hiddeâ— works of Darkness 88 144. e Mercure Iesuâ—le tom 1. p. 67. Speculum Jesuitieum p. 1. 56. f See Lewis Owen his running Register his Jesuited Looking glass The Anatomy of the English Nunnery at Lisbone g De Monarchia Hispanica p. 146 147 148 149 204 234 235 236 185 186. h See Thomas Campanella de Monarchia Hispaniae Watsons quodhbets Coâ—loni Posthuma p. 91. 10 107. Cardinal de Ossets Letters Arcana Imperii Hispanici Delâ—h 1628. Advice a tous les Estat's de Europe touches les maximas Fundamentales de Government dissâ—iennes Espaginols Paâ—is 1625. i Set my Speccb in Parliament p. 107. â—o 119. and the History of Independency k Exact Collâ—ction p. 651 652 662 666 813
laws and properties * Is there any between the late present powers and them further or longer than they please * Are they not so now * It is not so now when others who condemned and beheaded him for a Tyrant say pretendaâ—d act it over and over Nota. * Worth consideration of those of the long robe * And how mamy are guilty of this Treason See Hos 3 4 5. cap. 10. 3 4. cap. 1. 4. cap. 1. 4. Zech. 9. v. 5. Hab. 1. 10 14 15. Mic. 4. 9 10. Amos 1. 13 14 15. Lam. 5. 16. Ezech. 19. 1. 14. Isay 17. 3. c. 7. 16. Jer. 17. 25. 27. cap. 18. 7 8. cap. 22. 3. to 13. cap. 25. 8 to 38. cap. 51. 20. Proverb 28. 2. Ezech. 17. 14. cap. 29. 14 25 Isa 47 verse 5. Daniel 4. verse 17. * Are they so now and who have dissolved the Ligaments that formerly united and held them together * Have we not many counterfeit laws and Acts of Parliament of law and yet some counterfeit Judges that execute and give them in charge as true ones * See Exact Collection p. 4. 12 243 262. 321. * Surely there are sundry falshoods in it as well as some truths * If we believe themselves in their own cases * Some mens act ons since declare they had some other ground and ayms than this * Those who severe and disjoynt one house from the other and by force armed power seclude exclude and disjoyn the members of the same House one from another so many times one after another justifie it too are the greatest disjoyners of the House and Parliament and very unlikely to make any firm or reall settlement of this Nation * See my Speech in Parliament p. 100. to 108. a See Gratian Caus 2. Qu. 1. 2. Summa Angelica Rosella Hostiensis Tit. Restituito * See Speeds Hist p. 1250. c. Mr. Vicars History of the Gunpowder-Treason The Arraignment of Traytors * Judg. 5. 21. * See the Laws of King Edward the Confessor confirmed by William the Conquerour Lex 55 56 57. The great Charters of King John and Henry 3. c. 29 30. 25 E. 1. c. 5 6. 34 E. 1. De Tallagio c. 1 14 E. 3. Stat. 1. c. 21. Stat. 2. c. 1. 35 E. 3. Stat. 2. c. 1. 15 E. 3. Stat. 3. c. 5. 21 E. 3. Rot. Parl. N. 16. 25 E 3. Rot. Parl. N. 16 27 E. 3. Stat. 2. c. 2. 36 E. 3. Rot. Parl. N. 26. 38 â— 3. c. 2. 45 E. 3. Rot. Parl N. 42. 11 H. 4. Rot. Parl. N. 50. 1 R. 3. c. 2. The Petition of Right 3 Caroli the Acts against Ship-money Knighthood Tonnage and Poundage 16. 17. Caroli * See Magna Charta c. 29. Cooks Institutes on it 5 E. 3. c. 9 15 E. 3. c. 1 2 25 E. 3. c. 4 28 E. 3. c. 3 37 E. 3. c. 18 42 E. 3. c. 3 2 R. 2. c. 2 4 5 H. 4. c. 10 19 H. 7. c. 10 23 H. 8. c. 8 The Petition of Right 3 Caroli and other Acts in ch 3. 2 H 4. Rot. Parl. N. 60. 69. * 4 E. 3. c. â— 17 R. â— c. 10 * See the Laws of Edward the Confessor and William the Conqueror Lex 35. 55 56 58. Rasâ—â—als Abridgement Tit. Armour 35 E. 3. c. 8. Rot. Parl. N. 23 The Statures for impressing Souldiers 16 1â— Caroli 〈◊〉 E. 3. Stat. 2. c 5. 4 H. 4. c. 13. Exact collection p. 878 879. a See Magna Char. c. 29. 5 E. 3. c. 9. 15 E. 3. c. 1 2 21 E. 3. Rot. Parl. N. 28. 1â— E. 3. N 35 36 37. â—5 E. 3. c. 4 Rot. Parl. N. 16. 28 E. 3. c. 3. 37 E. 3. c. â—8 42. E. 3. c. 1. 3. 2 R. 2. Parl. 2. c. 2. 7 R. 3. c. 4. 2 H 4. Rot. Parl. N. 60. 69. 15 H. 6. c. 4. The Petition of Right 3 Car. and the Statutes against Ship-money Knighthood Tonnage and Poundage 16 17 Caroli b See 1 Sam. 7. 4 to the end c. 11. 14 15. c. 12. 1. 2 Sam. 5. 1 2 3. c. 16. 18. 1 King 12. 3. to 21. c. 16. 1â— c. 20. 7 8. 2. King 11. 1. to 21. c. 21. 24. c. 23. 30. c King Johns Magna Chaâ—ta Matth. Paris p. 247. 5 R. 2. c. 4. cookâ— 4. Instit c. 1. My Plea for the Lords My Ardua Regui The Levellers levelled and Epistle before my Speech in Parliament 4 E. 3. c. 14. 36 E. 3. c. 10. 50 E. 3. N. 151. 1 R. 2. N. 95. 2 R. 2. N. 4 5. d See 39 H. 6. c. 1. 17. E. 4. c. 7. â— H. 4. N. 21 22. 48. 1 H. 4. c 3. * See Rastals Abridgement of Statutes Title Provisionâ— Premunire Rome e Leges Edwardi Regis c. 35 Lambards Arch. F. 135 136. Cooks 7. Report Calvins Case f. 6 7. Leges Willielmâ— Regis Lex 58 59. Seldens Notae ad Eadmerum p. 191. 11 H. 7. c. 1. 18 19 H. 7. c. 1. 25 H. 8. c. 22. 26 H. 8. c. 3. 28 H. 8. c. 7. 1 Eliz. c. 1. 3. 5. 5 Eliz. 2. c. 1. 1 Jac. c. 1 2. 3. Jac. c. 1 2 4 5. 7 Jac. c. 6. The Protestation League and Covenant and the ancient Oathes of Fealty Homage Mayers Sheriffs Free-men * Daniels History p. 78 79. 80. 123. 10. 12 n. 2. r. 8. H 5. r. 9 1. 1. 6. n. 53. 31. H. 6. r. 7. 1. R. 2. n. 14â— 1. H. 4. n. 100. 6 H 4. n. 4. 15. 8. H. 4. n. 12. 33. H. 6. n. 47. 4. G. n. 3â— 12 E. 4 n. 6. a See my Declaration and Protestation against the illegal detestable oft-condemned new Tax and Extortion of Excise 1654. Exact collection p. 885. Mr. St. Johns Speech concerning Ship-money p. 15 16. * Exact Collection p. 886. Nota. Nota. * And is not this its present sad slavish condition * Do they not so on Beer Salt and other Manufactures for which they now pay Excise * Witness Mr. â—ony amongst others Nota. See the Arguments concerning them in Mr. Hambdins and others cases 2. * See Cook 4. Justi c. 1. Brooks Parliament 4. 76 42. 107. and my Plea for the Lords * See Cooks 4. Justit c. 1. and Rastal Taxes Nota. Nota. Nota. * Though he came in by the Sword as a kind of Conquerour Nota. Nota. * And are not all the Commons Merchants Freemen of England bound to use the same course and make the sâ—me Declaration now Nota. * And can our pâ—esent Grandees take it in ill part if we refuse to pay them now being demandâ—d without Warrant of a Law and the receivers of them in a Premunire by express Act of Parliamen of 16 Caroli made since this Remonstrance a Alderman Chambers Mr. Rolls and others Nota. * Exact Collection p. 790. to 797. * See Historiae Anglicanae Londini 1652. Col. 2750 2751. Halls Chronicle f. 7 8. John Trussel in 23. R. 2. p 46. Grafton p. 401. Nota. * See Mr. St. Johns Argument at his Attainder p. 36. to 52. * See Judge Crooks Judg Huttons printed Arguments my Humble Remonstrance against the Illegal Tax of Shipmony * Printed at the end of Judge Huttoes Aâ—gument amongst the staâ—utes of 16 Caroli * Chap 1. p. Diurnal Occurences Speeches p. 191. to 265. Objection Answer * See p. 12 to 20 before the 1 Proposition and Statutes Arguments thereunto specially 23 E. 1. c. 5. 6. 34. E. 1. c. 1 2 3. 14 E. 3. c. 21 and Stat. 2. c. 1. 3 Caroli The Petition of Right * See their Impeachments printed trials Mr. St. Johns Argument at Law against Strafford p. 34 35. * Cook 4 Inst p. 42. 11 R. 2. c. 4. 1 H. 4. rot Parl. n. 143. 2 H. 4. c. 22. 21 R. 2. c. 4 5 6. 1 H. 4. c 7. rot Parl. n 48. 60. 68. * See Sir Edw. Cooks Preface to his 2. Institutes * Jer. 21. 12. c. 22. 3 4 5. Ps 12. 5 Ezech. 18. 5. to 14. c. 22. 12 13 27 29 30. c. 45. 7. to 10. c. 46. 18. Mich. 3. 1. to 5. c. 2. 1 2 3. c. 7. 2. Isa 58. 6. * See True c. p. 17 18. Objection Answer * Math. Paris Hist Angliae London 1640. p. 810. 818 854 875. * See Mâ— Sr. Johns Speech against the ship-money Judges p. 16 17 18 19. Exact Collect p. 885. * See Heylyns Microcosme p. 756 757 758 395 412. 507. 577. 578. 642. 672. 704. * Exact Coll. p. 7. 575. 639 640 641. 807. 836. 850. to 890. * See the Act of Resumption 28 â— 6. 11. 53. a See Cooks 4 Instâ—t c. 1. p. 33. Regal Taxes here ch 3. sect 4 5 6. * See 14 E. 3. c. 21. stat 2. c. 1. 5. R. 2. stat 2. c. 2 3 all Acts for 〈◊〉 * See Henry de Knyghton de Eventibus Angliae l. 5. col 2681. to 2690. 2 R. 2. rot Parl. n. 20 21 24. * Qâ— Curtius Hist l. 7. p. 831. * Qu. Curtius Hist l. 8. * Printed at Nuâ—â—mbergh 1521. * See Revelationum l. 4. c. 104 105. l. 7. c. 16. l. 8. c. 48. Revâ—lationes extravagantes c. 73 80. * Revelationum l. 8. c. 48. * Math Paris Hist Angl. p. 517. * De Remedio Amoâ—s l. 2. * See Mat. Paâ—â—s p. 306. 308. Grafton p. 90. 149. Daniel p. 78 79 83 123. 1 R. 2. Rot. Parl. to 148. 1 H. 4. n. 100. 6 H. 4. n. 14 15. 8 H. 4. n. 52. 1 H. 5. c. 6. 28 H. 6. rot Parl. n. 53. 31 H. 6. c. 7. 33. H. 6. n. 47. 4 E. 4. n. 39. 12. E. 4. n. 6.