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parliament_n	earl_n	lord_n	thomas_n	4,352	5	8.0846	4	true

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

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

himself nor to his particular advantage These grounds thus laid extend not to the Commission of Array alone but to all other charges that his Majesty shall impose upon his Subjects upon pretence of Defence of the Kingdom for there is the same reason of Law for any other charge that is pretended for Defence as for this If his Majesty by the Common Law may charge his Subjects to finde Arms and other things in the Commission injoyned because they are for Defence of the Kingdom by the same reason of Law he may command his People to build Castles Forts and Bulworks and after to maintain them with Garrisons Arms and Victuals at their own charges And by the same reason he may compel his Subjects to finde Ships and furnish them with Men Ammunition and Victuals and to finde Souldiers pay coat and conduct-money provide victuals for Souldiers and all other things NECESSARY FOR AN * Do not the Army-Officers now enforce them to all this without a Parliament ARMY these things being as necessary for Defence as any thing that can be done in execution of this Commission And for that exposition of the Petition of Right and other Statutes therein noted if it should hold doth it not overthrow as well the Petition it self as all other Lawes that have been made for the Subjects benefit against Taxes and other Charges either in this or any other Parliament These Positions thus laid down and maintained DO SHAKE THE FUNDAMENTAL LAWS OF THE KINGDOM THE ANCIENT BIRTH-RIGHT OF EVERY SUBJECT both for THE PROPERTY OF HIS GOODS AND LIBERTY OF HIS PERSON Nay they strike at the root of Parliaments What need his * These Expostulations reach to those at White-Hall now who presume to impose Taxes Customs Excises and make b●nding Laws which no Kings there ever did in like nature no● their Counc●ls in any Age. Majesty call Parliaments to provide for Defence of the Realm when himself may compel his Subjects to defend it without Parliaments If these grounds should hold what need the Subjects grant Subsidies in Parliament for Defence of the Kingdom in time of real danger if the King for defence at any times when he shall only conceive or pretend danger may impose Charges upon his Subjects without their consent in Parliament Upon that which hath been said in this and our former Declaration we doubt not but all indifferent men will be satisfied that this Commission of Array is full of danger and inconvenience to the Subjects of England AND AGAINST THE FUNDAMENTAL LAWS OF THE LAND both for PROPERTY OF GOODS AND LIBERTY OF PERSON c. 2. As it is against THE FUNDAMENTAL LAWS OF THE REALM so no Statute makes it good c. And the Lords and Commons do upon the whole matter here conclude that they are very much aggrieved that after so many Declarations and solemn Protestations made by his Majesty to rule by the known Laws of this Land his Majesty by advice of his ill Councellors should be perswaded to set such a Commission on foot which is so clearly contrary TO THE FUNDAMENTAL LAWS OF THIS LAND the Right of Property and Liberty of the Subject contrary to former Resolutions of Parliament and to the Petition of Right I am certain the generality of the Nation are now as much and more aggrieved that some who were Parties to this Declaration and others who have made as many or more Declarations and Protestations as his Majesty ever did to rule by the known Laws of the Land should since this far exceed his Majesty in the like or more exorbitances in the Militia Excises Taxes Impositions Imprisonments arbitrary extravagant proceedings and capital executions in new erected Courts of Injustice as diametrically contrary as the Kings Commissions of Array to the Fundamental Laws of the Land four times together so stiled and insided on as such in this one Declaration of both Houses the Right of Property of the Subject contrary to former Resolutions and the Petition of Right yea which is most abominable to their own Declarations Remonstrances Votes Protestations Vows Solemn Leagues and Covenants in Parliament to their own eternal Infamy as well as the peoples intolerable oppression and Slavery who thereupon may justly conclude and protest against them as both Houses did in the close of that Declaration against the Array viz * Exact Collection p. 888. And the Lords and Commons do and shall adhere to their former Votes and Resolutions That all those that are Actors in putting of this Commission of Array in execution shall be esteemed disturbers of the Peace of the Kingdome and the Properties and Liberties of the Subject The tenth evidence is 10. a A Collection of all 〈◊〉 Order● 〈…〉 and Declarations of Parliament p. 451 452 457 458. the Vote and Letter of both Houses of Parliament sent to his Majesty at Oxford 9. March 1643. in answer to his Majesties of the third of March wherein there is this passage We the Lords and Commons assembled in the Parliament of England c. have resolved with the concurrent advice and consent of the Commissioner● of Scotland to represent to your Majesty in all hum●●ity and plainness as followeth That this present Parliament convened according to the known and FUNDAMENTAL LAWS OF THE KINGDOM the continuance whereof is established by a Law consented to by your Ma●esty is in effect denied to be a Parliament c. And hereupon we think our selves bound to let your Majesty know That since the * Yet forcibly dissolved by the Army and some new in Power against their Commissions Oaths Trusts Protestation Covenant and an Act of Parliament for their continuance who may do well to peruse this 〈◊〉 See Chap. 2. Proposition 6. 7. continuance of this Parliament is setled by a Law which as all other Laws of your Kingdom your Majesty is sworn to maintain as we are sworn to our Allegiance to your Majesty these Obligations being reciprocal we must in duty and accordingly are resolved with our lives and fortunes to defend and preserve the just Rights and full Power of this Parliament To which the Earl of Essex then General by both Houses direction in his Letter to the Earl of Forth Jan. 30. 1643. adds this Corollary My Lord the maintenance of the Parliament of England and the Priviledges thereof is that for which we are all resolved to spend our bloud as being THE FOUNDATION WHEREON ALL OUR LAWS and LIBERTIES ARE BUILT Which both the Lords and Commons assembled in Parliament in their Declaration of 23. Martii 1643. touching their proceedings upon his Majesties Letter concerning a Treaty of Peace wherein this Earls former Letter is recited thus second The Parliament of England is the only Basis the chief Support and Pillar of our Laws and Liberties c. And if notwithstanding all these Obligations the King shall * How much more ●h●n if the Army o● Army-Officers shall do●● without question or exemplary

punishm●nt again and again and i●stifie it still in 〈◊〉 at his pleasure dissolve this Parliament the Kingdom is not only deprived of the present but made uncapable of enjoying the benefit of any future Parliament or Laws any longer then shall stand with the will and pleasure of the King and consequently THE FUNDAMENTALS OF ALL OUR LAWS GOVERNMENT ARE SUBVERTED Let the Parliament-dissolving Officers Army and their Confederates seriously ponder this with all who shall hereafter sit in Parliamen● consider it in the first place The eleventh is ●1 the a A Collection c. p. 504. 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 by reason of 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 doth threaten the extirpation of the Protestant Religion and the s●b●e●sion of THE FUNDAMENTAL LAWS GOVERNMENT OF THE KINGDOM For prevention whereof c. The twelfth is b A Collection c. p. 877 878 879. A Declaration of the Commons of England assembled in Parliament 17. 12. Aprilis 1646. Of their true intentions concerning the AN●●IENT FUNDAMENTAL GOVERNMENT OF THE KINGDOM securing the people against ALL ARBITRARY GOVERNMENT c. wherein they complain That the Enemy being in despair to accomplish his designs by War do misrepresent our intentions in the use we intended to make of the great Successes God hath given us and the happy opportunity to settle peace and truth in the three Kingdoms to beget a belief that we now desire to exceed or swerve from our first Aims and Principles in the Undertaking of this War and to recede from the Solemn League and Covenant and Treaties between the two Kingdoms and that we would prolong these uncomfortable Troubles ●nd b●eeding Distractions IN * And is not this now proved a real exper●●mental 〈◊〉 in some of 〈◊〉 Remonst●●s to their shame ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION FRAME OF THIS KINGDOM to leave all Government in the Church loose and unsetled and our selves to exercise THE SAME ARBITRARY POWER OVER THE PERSONS ESTATES OF THE SUBJECTS 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 Councel Table all which we have seen since experimentally verified in every particular in the highest d●gree notwithstanding this Declaration by some in late and present Power notwithstanding this Publication All which being seriously considered by us c. We do declare THAT OUR TRUE REAL INTENTIONS ARE OUR ENDEAVOR SHALL BE to settle Religion in the purity thereof * And can most of the 〈◊〉 monst●●ns 〈…〉 or present power 〈…〉 joy this 〈◊〉 truth or really And must not they be utterly asham●ed confounded before God and men when they consider how they have dissembled prev●ri●ated with God and men herein in each particular TO MAINTAIN THE ANCIENT FUNDAMENTAL GOVERNMENT OF THIS KINGDOM TO PRESERVE THE RIGHTS LIBERTIES In the b Walsingha● Stow Hollinshed Speed Grafton Baker An. 5. R. 2. John Stows Survay of London p. 89. 10 103. Mr. St. Iohns Argument at Law at Straffords Attainder p. 14 fifth year of King Richard the second the vulgar Rabble of people and Villains in Kent Essex Sussex Norfolk Cambridgeshire and other Countries under the Conduct of Wat Tyler Jack Straw and other Rebels assembling together in great multitudes resolved by force and violence to abrogate the Law of villenage with all other Lawes they disliked formerly settled 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 Innes 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 elect pettie elective Tyrannies and Kingdoms to themselves in every Shire a project eagerly prosecuted by some Anarchicall Anabaptists and Jesuites 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 for the present they took an Oath of all they met Quod Regi communibus fidelitatem servarent that they should keep Allegeance and faith to the King and Commons 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 against the Law for which divers of the chief actours in this Treasonable Design were condemned and executed as Traitors in severall places and the rest enforced to a publick submission and then pardoned 2. In the a Stow Holinshed Sp●ed Graften Baker in XI 21. R. 2. and 1. H. 4. Satutes at large 11. and 21 R. 2. 1. H. 4 M. St. ●ohns Speech concerning the shipmony Judges p. 28. to 37. And Argument at Law at Straffords Attainder Parliament XL. R. 2. as appears by the Parliament Rolls and printed Statutes at large three Prive Councellours the Archbishop of York the Duke of Ireland and Earl of Suffolk the Bishop of Exeter the Kings Confessour five Knights six Judges whereof Sir Robert Tresilian 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 Traytors the rest banished their Lands and goods forfeited and none to endevour to procure their pardon under pain of Felony for endeavouring to overthrow a Commission for the good of the Kingdome and contrary to an Act of Parliament of force of arms and Opinions in Law delivered to the King 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 3. In the a Mr. St. John at Law against Straffords Attainder p. 13. 14 17. Parliament of 17 R. 2. n. 20. and Pas 17. R. 2. B. RS. Ror 16. Sir Thomas Talbot was accused and found guilty of High Treason for conspiring

are Destructive to the Fundamental Laws of the Realm the subjects Right of Propriety and contrary to former Resolutions in Parliament and the Petition of Right as the words of their several Impeachments run Sr. John Finch fled the Realm to preserve his head on his Shoulders some others of them d●ed through fear to prevent the danger soon after their Impeachments and the rest put to Fines who were lesse peccant 12. Mr. John Pim in his Declaration upon the whole matter of the Charge of High Treason against Thomas Earle of Strafford April 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 Fundamentall Law 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 Salus 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 Rapins Oppressions Perjuries There is in this Crime a Seminary of all evills 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 Nota. 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 man great enormities * And are they not so now 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 Governm●nt of Ireland and England too since this The Law hath a power to prevent to restrain to repair evils without this all kind of mischiefs and distempers will break in upon a State It is the Law that doth 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 Liberty whiles these move in their own O●b 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 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 safeguard the custody of all private interests your honours your lives your liberties and 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 follows There cannot be a word more pregnant and fruitfull IN TREASON then 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 Acts 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 hurtfull 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 causes of great Trouble 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 of the tragicall end of Princes If any man shall look into our own Stories in the times Nota. when the Laws were most neglected he shall find them full of Commotions of Civil Distempers whereby the Kings that then raigned were alwayes kept in want and distresse the people consumed with CIVIL WARRES and by such wicked Counsels as these some of our Princes have been brought to such miserable ends As * Note this all whole commons-house Opinion then 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 leasure 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 a way Peace and so intangle the Nation with warres but doth corrupt Peace and powrs such a malignity into it as produceth the effects of War both to the * Is not this an experimentall truth now 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 pain● 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 Coin though but a piece of twelve pence or six pence and must it not needs be the effect of GREATER TREASON to * And were they ever so base cowardly slavish as now 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.

times more to T●oopers and Souldiers who forcibly levy their unlawfull Contributions and Excises and otherwise which altogether as is conceived amounts not to lesse than a million in five years space whereas now we pay above two Millions in Taxes Imposts Excises every year besides the infinite v●xations of the Subject by suits in Law binding them over attendance at the Councel Table taking them from their necessary imployments in making Sesses and Collections and imprisonment of their persons all now trebled to what then I say besides what is past to make our miseries compleat they have as much as in them is MADE THEM ENDLESSE as others since have done for by these Opinions they have put upon themselves and their Successors An impossibility of ever doing us right again an incapacity upon us of demanding it so long as they continue as the Compilers of the late Instrument with 42. Strings intitu●ed The Government of the Common-wealth of England c. Artic. 1 2 3 9 10 12 22 24 25 26 27 28. 31 32. 36 37 38 39. have done as far as they and much beyond them In that sore famine in the Land of Egypt when the inhabitants were reduced to the next doore to death for there they say why should we die for bread First they give their money next their flocks and Cattle last of all their persons and Lands for bread all became Pharaohs but by this Lex Regia there is a transaction made not onely of our persons but of our bread likewise wherewith our persons should be sustained that was for bread this of our bread For since these Opinions if we have any thing at all we are not at all beholding TO THE LAW FOR IT but are wholly cast UPON THE MERCY and GOODNESSE OF THE KING Again there the Egyptians themselves sold themselves and all they had to the King if ours had been so done if it had been so done by our own free consent in Parliament we had the lesse cause to complain But it was done against our wills and by those who were trusted and that upon Oath with the preservation of these things for us The Laws are our Forts and Bulwarks of Defence If the Captain of a Castle onely out of fear and Cowardice and not from any Compliance with the enemy surrender it This is TREAON as was adjudged in Parliament 1 R. 2. in the two Cases of Comines and Weston and in the Case of the Lord Gray for surrendering Barwick Castle to the Scots in Edward the thirds time though good defence had been made by him and that he had lost his eldest son in maintenance of the Siege and yet the losse of a Castle loseth not the Kingdome onely the place and adjacent parts with trouble to the whole But by the Opinions there is a Surrender made of all our Legal defence of Property that which hath been preacht is now judged that there is no Meum Tuum between the King and people besides that which concerns our Persons The Law is the Temple the Sanctuary whether Subjects ought to run for shelter and Refuge hereby it is become Templum fine numine as was the Temple built by the Romane Emperour who after he had built it put no gods into it We have the Letter of the Law still but not the sense we have the Fabrick of the Temple still but the Dii Tutelares are gone But this is not all the Case that is That the Law now ceaseth to aid and defend us in our Rights for then possession alone were a good Title if there were no Law to take it away Occupanti concederetur melior esset Possidentis conditio But this though too bad is not the worst for besides that which is Privitive in these Opinions there is somewhat positive For now the Law doth not onely not defend us but the Law it self by temporising Judges and Lawyers is made the Instrument of taking all away For whensoever his Majesty or his Successors shall be pleased to say that the good and safety of the Kingdome is concerned and that the whole Kingdome is in danger the when and how the same is to be prevented makes our persons and all we have liable to bare will and Pleasure By this means The Sanctuary is turned into a Shambles the Forts are sleighted that so they might neither do us good nor hurt But they are held against us by those who ought to have held them for us and the mouth of our own Can●n is turned upon our own selves and that by our own military Officers Souldiers and others since as well as the Ship money Judges then ' Thus far Mr. Oliver St. John by the Commons Order whose words I thought fit thus to transcribe at large because not onely most pertinent but seasonable for the present times wherein as in a Looking Glasse some pretended Judges and Grandees of these present and late past times may behold their own faces and deformities and the whole Nation their sad condition under them In the residue of that his Printed Speech he compares the Treason of the Shipmony Judges and of Sir Robert Tresylium and his Complices in XI R. 2. condemned and executed for Traytors by Judgement in Parliament for endevouring to subvert the lawes and statutes of the Realm by their illegall Opinions then delivered to King Richard at Nottingham Castle not out of conspiracy but for fear of death and corporall Torments wherewith they were menaced whose offence he there makes transcendent to theirs then in six particulars as those who please may there read at leisure being over large to transcribe I could here inform you that the Fundamentall laws of our Nation are the same in the Body politique of the Realm as the Arteries Nerves Veins are in and to the naturall Body the Bark to the tree the Foundation to the House and therefore the cutting of them asunder or their Subversion must of necessity kill destroy disjoyn and ruine the whole Realm at once therefore it must be Treason in the highest degree But I shall onely subjoyn here some materiall Passages in his Argument at Law concerning the Attainder of high Treason of Thomas Earl of Strafford before a Committee of both Houses of Parliament in Westminster Hall April 29. 1641. soon after printed and published by Order of the Commons House wherein p. 8. he layes down this Position recited again p. 64. That Straffords Endeavouring To subvert the Fundamentall Laws and Government of England and Ireland and instead thereof 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 by 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 with some others he omitted I shall therefore but transcribe his Reasons to evince it to be Treason super-added to those

have done some other of my writings of this nature with all which they must first brand Mr. St John Mr. Pym the whole House of Commons the last two with all other Parliamens forecited ere they can accuse traduce or censure me who do but barely relate apply their words and judgements without malice or partiality for the whole Kingdomes benefit and security To these punctuall full Jury of Records and Parliamentary Authorities in point I could accumulate Sir Edward Cook his 3. Institutes p. 9. printed and authorised by the House of Commons speciall Order the last Parliament The severall Speeches of Mr. Hide Mr. Walker Mr. Pierpoint and Mr. Hollis July 6. 1641. at the Lords Bar in Parliament by order of the Commons House at the Impeachment of the Shipmony Judges of High Treason printed in Diurnall Occurrences and speeches in Parliament London 1641. p. 237. to 264. Mr. Samuel Browns Argument at Law before the Lords and Commons at Canterburies Attainder all manifesting their endevouring to subvert the Fundamentall Laws and government of the Nation to be HIGH TREASON with sundry other printed Authorities to prove That we have fundamentall Laws Liberties Rights and a fundamentall Government likewise which ought not to be innovated violated or subverted upon any pretences whatsoever by any power or prevailing Faction But to avoid prolixity the double Jury of irrefragable and punctuall Authorities already produced being sufficient to satisfie the most obstinate Opposites formerly contradicting it I shall onely adde three swaying Authorities more wherewith I shall conclude this point The first is a very late one in a Treatise intituled A true State of the Common wealth of England Scotland and Ireland and the Dominions thereunto belonging in Reference to the late established Government by a Lord Protector and a PARLIAMENT It being the Judgement of DIVERS PERSONS who throughout these late troubles have approved themselves faithfull to the Cause and interest of God and their COUNTRY presented to the Publick for the satisfaction of others Printed at London 1654. who relating the miscarriages of the last Assembly at Westminster use these expressions of them p 13 14 16 17 21 22. But on the contrary it so fell out in a short time that there appeared many in this Assembly of very contrary Principles to the interest aforesaid which led them violently on to attempt and promote many things the consequence whereof would have been A Subverting of the fundamentall Laws of the Land the Destruction of Property and an utter extinguishment of the Gospel In truth their Principles led them TO A PULLING DOWN ALL AND ESTABLISHING NOTHING So that instead of the expected settlement they were running ●ut into FURTHER ANARCHY and CONFUSION As to the Laws and Civil Rights of the Nation nothing would serve them but A TOTALL ERADICATION OF THE OLD and INTRODUCTION OF A NEW and so the Good Old Laws of England the Guardians of our Lives and Fortunes established with prudence and confirmed by the experience of many Ages and Generations The Preservation whereof was a principall Ground of our late Quarrel with the King having been once abolished what could we have expected afterward but an inthroning of Arbitrary Power in the Seat of Judicature and an exposing of our Lives our Estates our Liberties and all that is dear unto us as a Sacrifice to the boundlesse Appetite of Meer Will and Power c. Things being at this Passe and the House through these proceedings perfectly disjointed it was in vain to look for a settlement of this Nation from them thus constituted on the contrary nothing else could be expected But that the Common-wealth should sink under their Hands and the great cause hitherto so happily upheld and maintained to be for ever lost through their preposterous management of these affairs wherewith they had been intrusted Whereupon they justifie their dissolution and turning them forcibly out of doores by the Souldiers with shame and infamy to prevent that destruction which thereby was coming on THE WHOLE LAND but this New Powder Treason Plot set on foot by the Jesuites and Anabaptists to destroy our Laws Liberties properties Ministers and Religion it self at one blow and that in the very Parliament House where they had been constantly defended vindicated preserved established in all former ages by all true English Parliaments The second is a See my Speech in Parliament p. 100. to 108. The Votes of the House of Commons concerning a Paper presented to them entituled An agreement of the people for a firm and present peace upon grounds of Common Right 9. November 1647. viz. Resolved upon the Question That the matters contained in these Papers Are destructive to the being of Parliaments and to the Fundamentall Government of this Kingdome Resolved c. That a Letter be sent to the Generall and those Papers inclosed together with the Vote of this House upon them And that he be desired to examine the proceedings of this businesse in the Army where it was first coined and return an Accompt hereof to this House These Votes were seconded soon after with these ensuing votes entred in the Commons Journall and printed by their special Order 23. November 1647. A Petition directed to the Supream Authority of England the Commons in Parliament assembled The humble petition of many Free born people of England c. was read the first and second time Resolved upon the Question that this petition is A sedititious and contemptuous avowing and prosecution of a former petition and paper annexed stiled an agreement of the people formerly adjudged by this House to be Destructive to the being of Parliaments and Fundamentall Government of the Kingdome Resolved c. That Thomas Prince Cheesemonger and Samuel Chidley be forthwith committed prisoners to the Prison of the Gatehouse there to remain prisoners during the pleasure of this House for a Seditious avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly Ajudged by this House to be destructive to the being of Parliamen's and fundamentall Government of the Kingdome Resolved c. That Jeremy Jues Thomas Taylor and William Larnar be forthwith committed to the Prison of Newgate there to remain Prisoners during the pleasure of this House for a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agrement of the people formerly adjudged by this House to be destructive to the being of Parliaments and Fundamentall Government of this Kingdome Resolved c. That a Letter be prepared and sent to the Generall taking notice of his proceeding in the execution according to the Rules of Warre of a mutinous person avowing and prosecuting this agreement in the Army contrary to these Votes at the Rendezvouz near Ware and to give him thanks for it and to desire him to prosecute that Businesse to the bottome and to bring Such guilty persons as he shall think fit to condigne and exemplary Punishment Resolved c.