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

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decuplareddat ipsum Cericsceatum So one Coppy renders it out of the Saxon another thus Cyricsceata idest PRIMITIAE SEMINVM ad celebre divi Matini Festum redduntor qui tum non solverit qua raginta Solidis mulctator ipsas praeterea Primitias duodecies persolvito After which there is this second Law subjoyned Cap 62 De Cyricsceatis Primitias Seminum quisque ex eo dato domicilio in quo ipse natali die Domini c●mmoratur These Duties were afterwards enjoyned to be paid by the Lawes of King Adelstan Anno 928. c. 2. Volo ut Cyricsc●atha reddantur ad illum locum cuirecte pertinent c. By the Lawes of King Edmund made Anno 944. in a Great Synod at London AS WELL OF ECCLESIASTICAL AS SECULAR PERSONS summoned thither by the King c. 2. Decimas praecepimus omni Christiano super Christianitatem suam dare emendent Cyricsceattam id est Ecclesiae censum Si quis hoc dare noluerit excommunicatus sit By the Lawes of King Edgar Anno 965. c. 2 3. and the Lawes of King Aethelred made by him and his Wise-men apud Habam about the year of Christ 1012. Cap. 4. DE CONSVETVDINIBVS sanctae Dei Ecclesiae reddendis Praecipimus ut OMNIS HOMO super dilectionem Dei omnium sanctorum DET CYRISCEATTAM ET RECTAM DECIMAM SVAM sicut in DIEBVS ANTECESSORVM NOSTRORVM FECIT quando melius fecit hoc est sicut aratrum peragrabit DECIMAM ACRAM omnis consuetudo reddatur super amicitiam Dei ad Matrem Ecclesiam cui adjacet ET NEMO AVFERAT DEO QVOD AD DEVM PERTINET ET PRAEDECESSORES CONCESSERVNT By which Laws it seemes that these Cyricsceata or Church-Fees were of the same nature with Tythes if not Tythes in truth and the tenth acre or tenth part of all their Corn and arable Lands increase Tithes both in the Fathers Councils Writers of this and some former ages being usually stiled First-Fruits though most esteem them duties different from Tythes Which duty the people being backwards as it seems to pay King Kn●te by the advise and consent of his Wise-men in a Great Council Anno 1032. quickned the payment of them by this additionall Law increasing the first penalty by a superadded fine to the King Cyricsceata which the Latine Translation renders Seminum primiciae ad festum Divi Matini penduntor Si quis dare distulerit eas Episcopo undecies praestato ac Regi ducenos viginti Solidos persolvito Et dat omnis Cyricsceot ad matrem Ecclestam per omnes Liberas domus I find by the Surveyes and Records of our late Bishops Revenues That these Churchets of later times were certain small portions of Corn Hens Eggs and other Provisions paid by each House or Tenement according to the several values of them for the Maintenance and Provisions of the Ministers which were constantly rendred to our Bishops by their Tenants under the name of Cyricsceata or Churchets in divers Mannors till they were lately voted down This was the first kind of publick Tax imposed on the people for the Maintenance of the Ministry and that onely by common grant and consent in Common Councils of that age as were their annuall Tributes for Lights Parish Almes and their Soul-shot or Mortuaries at every mans decease first granted by common Consent in Parliamentary Councils which I shall but name 2. The second principle annuall Charge or Tribute imposed on and paid by the people under the Saxon Kings was Tythes of the annuall increase of their Lands and Goods for the maintenance of Gods Worship Ministers and Religion which though due by Gods Law and a Divine Right to Ministers as the first Law made for their due and true payment recites and I have lately proved at large in my Gospel-Plea c. yet they could not be legally imposed nor exacted from the people by the Ministers in foro humano without publick consent and grant Whereupon in the Generall Councill of Calchuth held in the year of our Lord 787 Cap. 17. Vt Decimae solvantur this Law was made In paying tithes as it is written in the Law of God Thou shalt bring the tenth part of all thy Corn and First Fruits into the House of the Lord thy God c. Wherefore likewise WE COMMAND with an obtestation that all men be carefull to render Tithes of all things they possesse BECAUSE IT IS THE PECULIAR PORTION OF THE LORD GOD c. Which Law being read in that publick Council by Gregory Bishop of Ostia before King Alfwoldus Arch-Bishop Eanbald and all the Bishops Abbots Senators Dukes and PEOPLE OF THE LAND they all assented to it and with all devotion of mind according to the uttermost of their power bound themselves by vow that by Gods supernall assistance they would observe it in all things ratifying it with the Sign of the Crosse and Subscription of their Names thereto according to the Custome of that age After which it was read before King Offa in the Councill of the Mer●ians and his Senators Jambertus Arch-Bishop of Canterbury and the rest of the Bishops of the Realm with a loud voyce both in the Latine and Germane tongue that all might understand it who ALL WITH A UNANIMOUS VOYCE AND CHEARFUL MIND ASSENTED TO IT promised that they would by Gods Grace assisting them with A MOST READY WILL to the best of their power observe this and the rest of the Statutes there made in all things And then ratified them with the sign of the Crosse and subscription of their Names thereto It seemes very probable by this Clause in the Lawes of Edward the Confessor confirmed by William the Conquerour Cap. 9. Of Payment of Tithes of Cattel Bees and other things Ha●c enim beatus Augustinus praedicavit docuit Et haec CONCESSA SVNT A REGE ET BARONIBVS ET POPVLO That upon the preaching of Augustine first Arch-Bishop of Canterbury Ethelbert King of Kent with his Barons and People assembled in a great Parliamentary Council after their Conversion by him to the Christian Faith granted Tithes of all things to him and their Ministers by a speciall Act or Law which if true must be about the year of our Lord 603. at least one hundred and eighty years before the Council of Calchuth But because I find no such speciall Law of his extant in any Author and this passage may be intended of Augustine Bishop of Hippo flourishing about the year of Christ 410. who hath sever all Homiles concerning the Due payment of Tithes as Hom. 48. inter Sermones 59. Sermo De Tempore 219 ad Fratres in Eremo Sermo 64. and in Psal 146. and because this clause may be as well intended of King Alfwold or King Offa and his Barons and People in the Council of Calchuth as of King Ethelbert and his Barons and People I have therefore begun with their Law for Tithes being
dissolved late Parliament too proceeded not from the Principles of our reformed Protestant Religion as this Monsieur in his printed pamphlet would make his Reader the young King to whom he dedicates it and all the world believe but from the Popes and Jesuites forecited Treasonable Opinions seconded with their clandestine Sollicitations and Practices and that they with some French Cardinals Jesuites as well as Spanish English then present in England were the chief original Contrivers Promoters of them whoever were the immediate visible Instruments as I have elsewhere more fully demonstrated for the wiping off this scandal from our reformed Religion and the sincere Professors of it who both abominated and protested against it in print 3. That the Jesuites ever since the Establishment of their Military Order under Ignatius their Martial General have been the principal Firebrands Bellows Instruments of kindling fomenting raising continuing all the publick commotions wars seditions and bloody fewdes that have hapened in or between any Kings Kindoms States Princes Soveraigns or Subjects throughout the Christian world and more particularly of all the Civil commotions wars in France Germany Transylvania Bohemia Hungary Russia Poland England Scotland and Ireland to the effusion of whole Oceans of Christian blood which one poetically thus expresseth Quicquid in Orbe mali passim PECCANTE GRADIVO EST Quicquid turbarum tempora nostra vident Cuncta Sodalitio mentito nomine JESU Accepta Historiâ teste referre licet Ite modò vestrae celebrate Encaenia Sectae MILITIS INVENTUM LOIOLANA COHORS Yea it is well worthy observation that Jacobus Crucius a Jesuite Rector of the Jesuites Novices at Landsberge presumed to publish in his Explication of the Rules of the Jesuites Anno 1584. in these words The Father of our Society OUGHT TO BE A SOULDIER because as it is the part of a SOULDIER to rush upon the Enemy with all his Forces and not to desist till he become a Conquerour so it is our duty to run violently upon all who resist the Pope of Rome AND TO DESTROY AND ABOLISH THEM not onely with COUNCELS WRITINGS AND WORDS Sed invocato etiam brachio seculari IGNE ET FERRO TOLLERE ET ABOLERE sicut PONTIFEX ET NOSTRA VOTA contra Lutheranos suscepta VOLUNT ET MANDANT But likewise by calling in to our assistance the secular Arm of an Army to take away and destroy them with FIRE AND SWORD as the POPE AND OUR OATHES taken against the Protestants WILL AND COMMAND And may we not then safely conclude they have been the Original Contrivers Fomentors Continuers of all our late intestine and forraign wars by Land and Sea with our Christian Protestant Brethren and Allyes as sundry Parliamentary Declarations of both Houses aver and attest 4. That they have endeavoured attempted the convulsion concussion subversion not onely of the Empires Realms and ancient setled Governments and States of Germany Russia Bohemia Hungaria France Poland but likewise of England Scotland and Ireland and to new model them into other Forms of Government What mould of Government they intended to cast England into is thus long since described by William Watson a Secular Priest in his Quodlibets Anno 1502. p. 309 310 330 331. England is the main chance of Christendome at this present by seditions factions tampering and aspiring Heads the onely But Mark White the Jesuites aim at as well in intention as execution of their pretended expedition exploit and action I am of opinion that no man on earth can tell what Government it is they intend to establish ratifie and confirm when they come to their preconceited Monarchy no not any of their Plot-casters No question it is but their Government sall be as uncertain as their New-conceited Monarchy their Monarchy as mutable as their Reign and their Reign as variable as the winde or Proteus in his Complements But no question is to be made of it but that the Government they do directly intend at this present is A MOST ABSOLUTE SOVERAIGNTY DOMINION AND STATE CLEARLY EXEMPTED from any Subordination TO ANY LAW or Legifer divine or humane and therefore it is rightly called DESPOTICON in the highest degree of exemplary immunity IMPERIALITY AND ABSOLUTE REIGN RULE AND AUTHORITY as convaining in it three sorts of Government Scil. Monarchical Aristocratical Democratical in matters of Counsel and managing of Commonwealths causes not in point OF REGALITY HONOUR AND INHERITANCE For there shall be neither Title nor Name nor Honour given taken or done to any Prince Duke Marquess Earl Viscount Lord Baron or the like all the Jesuitical Governours being Puritan-like Seniors Elders Provincials c. neither shall there be any succession by Birth or Blood TO ANY HONOUR OFFICE OR MAGISTRACY from the Monarch Pater General to the Minor Pater Minister but ALL SHALL GO BY ELECTION OR CHOICE Whether our late and present variable floating New-Moulded Governments have not been cast by this long since predicted Jesuitical Mould let wise men with all our late and present Governours now sadly consider and determine 5. That as the whole House of Commons in their Remonstrance of 15 December 1641. charge the Jesuites and late Jesuited Court-Counsellors with a Malignant and pernicious designe of SUBVERTING THE FUNDAMENTAL LAWES and Principles of Government upon which the Religion and Justice of the Kingdom are firmly established So William Watson a Secular Priest chargeth Father Parsons the English Jesuite and his Jesuited Companions in their Memorial for Reformation of England when it should be reduced under the power of the Jesuites as Parsons was confident it would be though he should not live to see it written at Sevil in Spain Anno Dom. 1590. that they intended to have Magna Charta with our Common Fundamental Laws and Liberties abrogated and suppressed thus expressed by William Watson in his Quodlibets p. 92 94 95. Father Parsons and the Jesuites in their deep Jesuitical Court of Parliament begun at Styx in Phlegeton have compiled their Acts in a compleat Volume intituled THE HIGH COURT OF REFORMATION FOR ENGLAND And to give you a taste of their intent by that base Court OF A TRIBE OF TRAYTORS sawcily like to Cade Jack Straw and Tom Tiler USURPING THE AUTHORITY OF BOTH STATES ECCLESIASTICAL AND TEMPORAL IN ALL THEIR REBELLIOUS ENTERPRISES these were principal points discussed set down and so decreed by them c. He first mentions three of them relating to Church-men Scholars and Church and Colledge-Lands which were to be put into Feoffees hands and they all to be reduced into arbitrary Pensions c. And then proceeds thus to the fourth The Fouth Statute was there made concerning THE COMMON LAWS OF THIS LAND and that consisted of this one principal point That ALL THE GREAT CHARTERS OF ENGLAND MUST BE BURNT the maner of holding Lands in Fee-simple Fee-tail Kings Service Soccage or Villanage brought into villany scoggery and popularity and in few THE
if they had some plague sores on them not only during their late restraints but likewise since their enlargments out of them enough to perswade them never to write speake act or suffer any thing more for such ingrate unworthy Creatures but rather to put their helping hands to make them and their posterities slaves for ever I have yet once more out of pure zeal love conscience towards my native Country adventured my life liberty and decayed estate considering the lawlessnesse and Danger of the times not the justice and goodness of the Common Cause I plead for the necessary defence of the Fundamentall Liberties Franchises Lawes Rights Parliaments priviledges and Government of our e●slaved Nation though every way unworthy to be beloved by God or men of noble spirits in this Seasonable Legall Historicall vindication and Collection wherein I have with all boldness faithfulness without the least fear or flatterie of any Mortals or created powers whatsoever argued evinced maintained my own particular with the whole Nations publique right and inheritance in them and endeavoured as much as in me lyes to preserve them from the severall Jesuitical plots our religion counsels specified in the whole Commons House Remenstrance of 13. December 1641 exact Collection pa 3. to 14. of late years revived and more vigorously pursued than ever and to rescue them out of the Claws of Tyrany and all usurping arbitrary powers which have avowedly encroached on yea trampled them under feet of late more than ever the worst of all our Monarchs or beheaded King did though declaimed against as the greatest of Tyrants by some who have transcended him in his worst Regall Exorbitances and particularly in this which the Lords and Commons in parliament in their Declaration of Aug. 4 1642. thus grievously complained of and objected against the Kings ill Counsellers That the LAWS were no protection or defence of any mans right all was subject to will and power which imposed WHAT PAYMENTS THEY THOVGHT FIT to drain the subjects purses and supply THOSE NECESSITIES which their ill counsell had brought upon the King and gratify such as were instrumentall in promooting most ILLEGAL and OPPRESSIVE COVRSES Those who yeilded and complied were countenanced and advanced all others disgraced and kept under that so their mindes made poor base as they were never so poor and base as now and THEIR LIBERTIES lost and gone as they were never so much as now they might be ready to LET GO THEIR RELIGION whensoever it should be resolved to alter it which was and still is the GREAT DESIGN and all the rest made use of as instrumentall and subservient to it Vpon which consideration they thus concluded that Declaration Therefore we the Lords and Commons are resolved to expose our lives and fortunes for the defence and maintenance of the true religion the king person honor and estate the power and priviledg of Parliament the just rights and liberty of the subject And we do hereby require all those who have any sence of piety honor or compassion To HELP A DISTRESSED STATE especially SVCH WHO HAVE TAKEN THE PROTESTATION and are bound in the same duty with us unto their God their King and Country to come in to their aid and assistance That which hath not a little encouraged me hereunto is not only this their publike call but likewise this memorable passage vow protestation of the Lords and Commons assembled in parliament in their printed Declaration in answer to his Majesties of October 23. 1642. Which I fear most of them since in power have quite forgotten and therefore I beseech them now seriously to remember it Though we know very well there are too many of the Gentry of this Kingdome who to satisfy the LVSTS OF THEIR OWN AMBITION are content like Esau TO SELL THEIR BIRTH-RIGHT CARE NOT TO SVBMIT THEMSELVES TO ANY ARBYTRARY AND VNLIMITED GOVERNMENT so they may FOR THEIR OWN TIME PARTAKE OF THAT POWER to trample and insult over others and have not are not some of these declarers and censurers such themselves yet we are assured that there are of the Gentry many worthy and true hearted patriots but where are those many now who are ready to lay down their lives and fortunes and of late have given ample testimony thereof for maintenance of their Lawes Liberties and Religion and with them and others of their resolution we shall be ready to live and die But how many of these declarers have made good this publike engagement yea have not some of them been and still are more ready to secure seclude disoffice imprison kill slay any such true hearted patrons as I have felt by sad experience then to live and die with them And we must own it as our duty to use our best endeavors that the meanest of the Commonalty may enjoy their owne Birthrights Freedome and Liberty of the Laws of the Land being equally entituled thereto with the greatest Subject I trust therefore the Greatest Grandees in late or present power neither will nor can be offended with me and that all the Nobility Gentry Commons and true hearted Patrons in the Nation who bear any love to the Laws Liberties Freedom of the people for which their Ancestors and they have so long so stoutly contended heretofore and lately with our Kings will live and die with mee in this their Vindication and Defence against any of their fellow-Subjects who shall endeavor to subvert or deprive them of the full and free enjoyment of all or any of them according to this engagement and Declaration Wherein there are these further observable passages relating to the Parliaments priviledges and its Members which I desire our Army-Grandees who impeached secured secluded my self with other Members of the last true parliament levied war against and forcibly dissolved it with the Contrivers of our late New Modelled Governments would seriously ponder who in common justice must bee content to be as freely told of and reprehended for their faults in print where the publike and every mans private interest Right Liberty Security is concerned as they have censured others as well their superiors as equalls oft in print though perchance less peccant than themselves in that they object against them For the matter of his Majesties raising an Army against the Parliament wherein many Papists priests Jesuites were imployed and taking away the priviledge thereof we shall refer it to the judgment of every ordinary capacity whether it be void of sense to say that this war is raised against the parliament But the truth is that it is not a few persons but the Parliament it self is the thorn that lies in these mens sides which heretofore when it was wont to prick them was with much case by a sudden dissolution pulled out But now that is more deeply fastned by the Act of Continuance they would force it out by the power of an Army hath not this been the very practise of some Army-Grandees
WAS THE LIKE NEVER HEARD OF BEFORE TO THIS PRESENT And may we not then justly suspect fear conclude that all our late dismal changes and turning all things upside down in our Church State Kingdoms Parliaments were originally promoted contrived by the Jesuites and effected by the seduced Officers and Souldiers as their del●ded instruments 2. That this Jesuite Parsons in his Books of the Reformation of all the States of England as he prescribed Reformations to the Prince Court Counsellors Noblemen Bishops Prelates Pastors Universities Lawyers Laws in which he will have STRANGE METAMORPHOSES so likewise THE COURT OF PARLIAMENT HE WILL HAVE BROUGHT TO BETTER FORM as W. W. a secnlar Priest in A Dialogue between a Secular Priest and a Lay-Gentleman Printed at Rhemes Anno 1601. Watson in his Quodlibets p. 92. to 96. 320. to 334. William Clark a secular Priest in his Answer to Father Parsons Libel p. 75. c. in direct terms attest And may we not then justly suspect that the late New-models and Reformation of our Kingdoms Parliaments Government Laws c. proceeded primarily from the Jesuites Projections and Plots against them if the Statutes of 23 Eliz. c. 1. 27 Eliz. c. 2. 35 Eliz. c. 2. 1 Jac. 1 2 4 5 7. 7 Jac. c. 6. and the manifold Declarations of both Houses of Parliament Exact Collection p. 491 462 497 498 616 631 666 698 813 to 828. may be judges 3. That the Jesuites drift directly is immediately by means of CONQUEST intended for England to bring it and all Christendom into an uproar FOR COMMON SOULDIERS TO EXAMINE THEIR SOVERAIGNS WHAT TITLE THEY HOLD BY that thereupon themselves by craft money and multitudes gathered together through their Policy may bring England and then Spain and all the rest under their subjection and Monarchy And that principally by this Jesuitical Position That every Precopie or Tartarian multitude getting once the stile and title of a PUBLICK STATE or HELVETIAN COMMONWEALTH may alter change and innovate the course of inheritances and succession TO CROWNS AND KINGDOMS and also to every private Persons heritage holden in Fee-simple as William Watson assures us in these very terms And whether the Jesuites have nor instructed our Army-Officers and Common Souldiers upon this pretext and for this very end to examine their Soveraigns yea our Parliaments Titles Priviledges and Powers too of late and dispose of them at their pleasure let themselves the whole Nation with all in present power in the fear of God most seriously consider without passion or affection before it be over-late 4. That the Oaths of Supremacy and Allegiance specially made prescribed by our most wise zealous Protestant Parliaments to prevent the Treasonable Plots and designs of Popes Jesuites and Papists against our Protestant Princes Realms Parliaments Religion though confirmed by many Statutes and containing in them onely the Declaration of such a Duty as every true and well-affected Subject not onely by the bond of Allegiance but also by the COMMANDMENT OF GOD ought to bear to the King his Heirs and Successors and none but persons infected with Popish Superstition formerly oppugned as the Prologue of the Statute of 7 Jacobi c. 6. positively resolves have by late State-innovators not onely been discontinued suspended but declaimed against and repealed as much as in them lay as UNLAWFUL OATHS The New Oath for abjuration of Popery with all Bills against Jesuites and Papists presented to the late King by both Houses the last Parliament and by him consented to in the Isle of Wight wholly laid aside and quite buried in oblivion The Solemn Protestation League and Covenant prescribed by the last Parliament and taken by all the well-affected in all the three Kingdoms to prevent the dangerous plots of Papists and Jesuites and our common enemies to destroy our Religion Churches Realms Government Parliaments Laws Liberties quite antiquated decried detested and a New Engagement forcibly imposed under highest penalties and disabilities upon all men diametrically contrary to these Oaths Protestations and Covenants which have been by a new kinde of Papal Power publickly dispenced with and the people absolved from them to become sworn Homagers to other new self-created Lords and Masters And are not all these to considerate zealous Protestants strong Arguments of the Jesuites Predominancy in our late counsels changes of Government 5. That the Notion of THE PRESENT GOVERNMENT in my weak apprehension deriving its original from the Jesuites-late invented PRESENT CHURCH the onely Supream Power and Judge of Controversies which all men must submit unto without dispute by their determination as they must do to that present Republican Government and new Optimacity and Popularity lately set up instead of our Monarchy Which two forms of Government as they were the inventions of Factious Graecians at first which put all their Cities into Combustions fury frenzy and civil wars against each other to their utter overthrow in conclusion witness these verses of Heniochus an ancient Greek Comaedian Tum geminae ad illas accesserunt Mulieres RITAS QUAE CUNCTA CONTURBARUNT OPTIMA Est nomen alieri alteri POPULARITAS RUNT Quarum incitatu PRIDEM EXTERNATAE FUso Parsons Campanella Cardinal Rech●li●u designed to introduce and set them up amongst us in England Scotland and Ireland of purpose to divide and destroy us by civil wars and combustions and bring us under their Jesuitical power at last as the marginal Authorities declare to all the world And if this be undeniable to all having any sence of Religion Peace or publick Safety left within their b●ests is it not more then high time for us to awake out of our former lethargy and sordid selfish stupidity to prevent our ruine by these and other forementioned Jesuitical practises Or can any English man or real Parliament be justly offended with me for this impartial discovery of them And for my endeavours to put all the dislocated Members and broken bones of our old inverted Fundamental body Politick into their due places joynts and postures again without which there is no more possibility of reducing it to its pristine health ease settlement tranquility prosperity or of preserving it from per●ecual pain inquieration consumption and approaching death ther●of a natural body whose principal members continue dis-joynted and bones broken all in peices as all prudent State-Physitians must acknowledge These five Considerations together with the Premises will I presume sufficiently justifie this my undertaking and impartial discovery of Jesuitical Plots to ruine our Church Religion Kingdoms Parliaments Laws Liberties Government against all malicious Enemies Accusers Maligners whatsoever before all the Tribunals of God or Men where I shall be ready to justifie them upon all occasions In perpetual testimony whereof I have hereunto set my Hand and by God's Grace shall ever be ready to seal them and the truth of God with my blood if called out to do it Swainswick Aug. 12. 1654. Will.