Historical Vindication Part 1 and 2, Chapter 1

Historical Vindication Part 1 and 2 · Chapter 1

p. 9CHAP. 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 FƲNDAMENTAL; and likewiſe a FƲNDAMENTALL 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**Lilbourn tried and caſt p. 39, 40, 142, to 148 and elſewhere. John Cannes … Voice from the Temple. John Rogers Mene Tekel, Perez. p. 6. Lilly and Culpeper in their Prognoſtications An. 1653, & 1654. See the Armies Propoſals. 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, page missing p. 12is, 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 Remon…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,See the 1 and 6 Propoſition in cap. 2. 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 Remonſtr…nce to your Majeſty.

p. 13Firſt, 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**See the Government of the Commonwealth of England, &c. Arti… 12. the writs and printed returns for new …lections; and enforced new Teſt and Engagement impoſed on the three Kingdoms and new Members, ſe…luding m…, of them. 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 onelyonly 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 p. 14to the Rights and Priviledges of Parliament, and to the Fundamental Laws and Statutes of the Realu…, &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,See Propoſition 1. in ch. 2. with aſſent of Parliament, as well the Soveraign power of making Laws, as that of taxing or impoſing upon the Subjects Goods or Merchandiſes,Nota. 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**O how are they now degenerated! 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 **And ſhould they not be ſo now then?ever careful to preſerve their own Liberties and Rights, **And ſhould we now at laſt fail herein?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 **How dare then any ſelf created powers who are neither Kings nor Parliaments now arrogate to themſelves, or exerciſe ſuch a ſuper-Reg al arbitrary power and Prerogative, againſt all our Laws and the… own inſtrument and oaths.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 p. 15laid upon the People, without their common Conſents, as may appear, by ſundry Records of former times.

We therefore your Majeſties moſt humble Commons aſſembled in Parliament Nota.**And oh that we would follow it now again, both in and out of 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 WITHOƲT ASSENT IN PARLIAMENT, MAY BE QƲITE 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, Nota.to declare, That all Impoſition of any kinde, ſet, or to be ſet upon your people, their Goods or Merchandiſes, ſave onelyonly by common Conſent in Parliament, are and ſhall b… Void; wherein your Majeſty ſhall not onelyonly 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 p. 16with 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**See the whitehall Ordinances for the ſix months contribution, Exciſe, till 1656. tunnage & Poundage till 1658. beyond all Preſidents in any age, and the very words and letter of the 30 Article of their government. 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, p. 17courage 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 Ʋſurpers 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, JƲS PƲBLICƲM REGNI, AND SO SVBVERTETH THE FUNDAMENTAL LAW OF THE REALM,Nota. 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 **Yet thoſe who have pulled down our Kings as Tyrants, now preſume to do it: Witneſs their New White-hall Laws and Ordinances, amounting to near 700. pages in folio in a few moneths ſpace.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, **And do not thoſe do ſo, who now …ay Monethly Taxes, Exciſes, Customs and New Impoſts on us daily, out of Parliament, and that for many moneths and years yet to come, againſt the Letter of their own Inſtrument and Oath too?HE ALTERETH THE LAW p. 18OF ENGLAND IN ONE OF THESE TWO MAIN FUNDAMENTAL POiNTS; he muſt either take the Subjects Goods from them, without aſſent of the Party, which is againſt the law, or elſe he muſt give his own Letters Patents the force of a law, to alter the property of the Subjects goods, which is alſo againſt the Law.

In this and ſundry other Arguments (touching the Right of Impoſitions) in the Commons Houſe of Parliament by the Members of it, arguing againſt them, it was frequently averred, and at laſt Voted and Reſolved by the Houſe, 7. Jacobi. That ſuch Impoſitions without conſent in Parliament, were **And are they not ſo now?AGAINST THE ORIGINAL FƲNDAMENTAL LAWS AND PROPERTY OF THE SƲBJECT, 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 …ook of the Law, but many A FƲNDAMENTAL 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**20. H. 3. c. 9. See Cooks 2 In…it. p. 97, …8. NOLƲMƲS MƲ TARI; 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 p. 19OF ENGLAND,Propoſition 1, 4 THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS, which doth preſerve as ſacred, that MEƲM and TƲ ƲM, that is the Nurſe of Induſtry, and the Mother of Courage, and without which, there can be no Juſtice, of which MEƲM and TƲ ƲM is the proper object: But the ƲNDOƲBTED BIRTH-RIGHT OF FREE SƲBJECTS, 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,Propoſition 2. &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**See Canterburies Doom, p. 19. Exact Coll. p. 12. 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,**Exact Collect. p. 112, 113. 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 p. 20the 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,**Exact Coll. p 850, 584, …87, 888. 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 its 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 Ma…eſty ſhall impoſe upon his Subjects,See Chap. 2. Propoſit. 1, 2. 3. 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,**Do not the Army Officers now enforce them to all this without a Parliament, to ſupport their uſurped new Powers and Poſſeſſions, and establiſh themſelves in a moſt abſolute Soveraignty over our three kingdoms? 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?

p. 21Theſe Poſitions thus laid down and maintained,Nota. 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**Theſe expoſtulations reach to them at Whitehall now, who preſume to impoſe Taxes, Customs, Exciſes and make binding laws and Inſtruments for our whole 3 kingdomes, Nations, Parliaments, which no King there ever did in like nature, nor their C… cels in any age. 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 onelyonly 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… 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 p. 22arbitrary 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**See the true ſtate of the caſe of the Commonwealth of England, &c. p. 33, 34. 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. **Exact Collect: p. 888.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,**A Collection of all publike Orders, Ordinances, 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▪ 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**How have others of late (which they ſtile Parli…ments) been convened? 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 p. 23we think our ſelves bound to let your Majeſty know; That ſince the **Yet forcibly diſſolved by the Army, and ſome now in Power, against their Commiſſions, Oaths, Truſts, Proteſtations Covenant, and an Act of Parliament for their continuance; who may do well to peruſe this clauſe. See c. 2. Propoſition 6, 7.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 …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 main…enance of the Parliament of England, and the Priviledges thereof, is that for which we are reſolved to ſpend our bloud, as being THE FOƲNDATION WHEREON ALL OƲR LAWS AND LIBERTIES ARE BƲILT: 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 onelyonly 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 onelyonly 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.

p. 24The eleventh is, the**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 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 Collection &c. p. 877, 878, 879. 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 exc…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**And is not all this now proved a reall experimental truth, in ſome of theſe Remonſtrants, to their ſhame? 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 SƲBJECTS, which this preſent Parliament hath thought fit to aboliſh, by taking away the Star-Chamber, High-Commiſſion, p. 25and 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, to ſettle Religion in the purity thereof,**And can moſt of theſe Remonſtrants in late or preſent Power, now ſay this in truth or realty? and must not they be utterly aſhamed, confounded, before God and man, when they conſider how they have diſſembled, prevaricated with God and men herein, in each particular? 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 FƲNDAMENTAL 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 **And can the new Modellers of our Government over and over, who were parties to this Declaration, & then Members of the Commons Houſe, ſay ſo now? or read this without bluſhing and ſelf-abhorrence?SO FARRE FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOME BY KING, LORDS and COMMONS, that we have onelyonly deſired, that with the conſent of the King, ſuch Power may be ſettled in the TWO HOƲSES, without which we can have no aſſurance, p. 26but 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**Is not a ſuperintendent power in the Army over, above & againſt the Parliament or People, far more dangerous & likely to introduce ſuch an arbitrary Government in the Nation, if leſt in the General, Officers or their Councels power? 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 **Did not the impoſing a strange New Engagement, and ſundry arbitrary Committes of Indemnity, &c. int…r…upt it in the higheſt degree; and the miſnamed high Courts of Juſtice, falſifie this whole clauſe?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, p. 27ruine 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**Exact Collect. p. 4. 12. 34. 61. 243. 260. 321. 500. 502. like, or**See the humble Remonſtrance againſt the illegall Tax of Ship-money briefly diſcuſſed, p. 2. &c. Englands Birth righ & their Treatiſes. The Declaration of Sir Thomas Fairfax, and the Army under his Command, tendered to the Parliament, June 14. 1647. concerning the Juſt and Fundamental Rights and Liberties of the Kingdome. 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, deſer…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.

p. 28In the**Walſingham, Stow, Holinſhed Speed Graſion, Truſſel, Baker in 5 R. 2. John Stows Survey of London p. 89. to 103 Mr. St. Johns Argument at Law, at Straffords Attainller p. 14. 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 p. 29ſeem 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**The Statutes at large, Stow, Holinſhed, Speed, Grafton, Baker Truſſel, in 10 & 21 R. 2. & 1 H. 4. M. St. Johns Speech concerning the Shipmony Judges p. 28. to 37. and argument at Law, at Straffords Attainder. 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, Ʋsk, 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 **As ſome of late years have done.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 **M. St. Johns argument at Law, at Straffords Attainder p. 13, 14, 17.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 p. 30and 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**Hall, Fabian Holinſhed, Speed, Grafto…, Stow, Martin, Baker. 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 overact 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 SƲBVERSION OF THIS REALM, taking upon him**And have not others of late aſſumed to themſelves more Royal power than he? reſolved to be Treaſon by 21. …. 3. Rot. Parl. & Cooks 3. Inſtitut p 9. ROYALL POWER, and gathering to him the Kings People in great number, BY FALSE SƲBTIL, IMAGINED LANGƲAGE: and ſeditiouſly made a ſtirring Rebellion, and inſurrection, ƲNDER COLOƲR OF JƲSTICE, 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 p. 31of 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 **To wit by Cade and his Confederates for the alteration of the lawsdelivered 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 **See Mr. St. Johns argument against Strafford, p. 17. Halls Chronicle and Holinſhed.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 **Cooks 3. Inſtitutes p. 9, 10.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, BECAƲSE 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**Cooks 4. Inſtitutes c. 8. p. 89. to 96. 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, p. 32Herbert, 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 **See Speed, Hollinſhed, Grafton, Stow, Antiquitates Eccleſiae Brit. p. 378. & 379. and Godwin in his life.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 p. 33this the Statute of 1 Mariaec.**Mr. St. Johns Argument againſt Strafford p. 14, 15. 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 ad…udged ONELYONLY 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**Cooks 3 Inſtit. c. 1. p. 9, 10. Mr. St. Johns Argument at law againſt Strafford, p, 15, 16. 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.**See the Journals of both Houſes, & Act for his Attainder. Mr. Pyms Declaration upon the whole matter of the Charge of High Treaſon, againſt him, Aprill 12. 1641. Mr. St. Johns argument at law, at his Attainder, and Diurnal Occurrences. 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.

p. 3410. The whole Houſe of Commons the ſame Parliament, impeached**See the Commons and Lords Journals, his printed Impeachment, Mr. Pyms Speech thereat, Canterburies Doom p. 25, 26, 27, 38, 40. 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 TRAYTEROƲSLY adviſed his Majeſty, See Chap. 2. Propoſition 1.that he **Do not others now do it, who impeached and condemnedhim, in an higher degree then 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**Is it not ſo in the New Inſtrument Article 1. 2, 3, 4, 5, 9, 10, 12, 13, 16, 21, 22, 24, 25, 26, 27, 28, 29, 30▪ 31, 32, 33, 34, 37, 38, 39, 40. 42. of our New Government, and thoſe that compiled and preſcribed it to the 3 kingdoms. 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 onelyonly 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 p. 35any lawfull warrant and Authority in that behalf; in which pretended Canons**Are there not more ſuch matters contained in the new Inſtrument of Government than in theſe? 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 Eccleſiaſticall Cenſures, Excommunication, Suſpenſion,**Have not arbitrary Committees in moſt places done the like, or worſe, in many caſes? Deprivation, and Degradation, CONTRARY TO THE LAWS of this kingdome.

Thirteenth, He did by his own authority and power contrary**Have not others done the like in an higher degree? 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 p. 36after 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**See the Commons and Lords Journals, Diurnal Occurrences, p. 15, 16 19, 37, 191 to 264. and Mr. St Johns Speech at a Conference of both Houſes of Parliament concerning ſhip money & theſe Judges. Togegether with the Speeches of Mr Hide, Mr. Waller, M. Pe…rpoint, M Denzill Hollis at their Impeachments, July 6. 1641. aggravating their offences, in Diurnal Occurrences and Speeches, p. 237 to 264. 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 introd…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 **Now others preſume to do it without writ of conſulting with the judges who condemned it in them. See c. 2 Propoſition 1.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,**Have not others been ſole Judges of it, and other pretended dangers ſince? 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 Fin…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 p. 37the 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, Salu… 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,Nota. which in the depraved condition of humane nature, muſt needs produce many 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 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 p. 38enter 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 **And did not ſome at White-Hall do ſo of late, and now too witneſſe their volumes of new Declarations, Edicts, Ordinances there made.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 and alterations to Prince and State. If the Hiſtories of thoſe Eaſtern Countries be peruſed, where Princes order their affairs, according to the**Have not others taken up ſuch Principles in their practiſes, proceedings even against Kings Kingdomes, Parliament, Peers, as well as private perſons? 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. p. 39If 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,Nota. 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**Note this, all the 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 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 onelyonly be procured, confirmed, and enlarged. It is not onelyonly 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**Is not this an experimental 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 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**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 Commonwealth?

p. 405. 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 …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 diſtemper…, 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**Was ever their power, violence ſo unlimited, unbounded in all kinds as now, againſt Kings, kingdoms, Parliaments, Peers, People? 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 onelyonly for the ſecurity, (as now of all hereſies) but for the advancement and incouragement of evi…l, Such men as are**Is it not most true of late and still? …pteſt for the execution and maintenance of this power, are onelyonly 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 onelyonly not paſſable for imployment; but SƲBJECT TO MƲCH 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 p. 41the 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,Note 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**See Article 2, 2, 3, …, 5, 10, 11, 12, 13, 16, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 39 & p. 45, 46. of the Government of the Commonwealth of England, &c. 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**Doth not the Declaration of 17 March 1648 and the Instrument of the new Government do it, in the higheſt degree▪ 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 p. 42whereby all parts of a Kingdome are preſerved, ſhould be very vain and defective, if they had not a power to ſecure and preſerve themſelves.

The Forfeitures inflicted for Treaſon by our Law, are of Life, Honour, and Eſtate, even all that can be forfeited: and this Priſoner, although he ſhould**And others as well as he, of far inferiour place & estate. 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**But have not our times bred men much bolder than he, ſince this ſpeech was made, and he executed? bold enough to commit ſuch Crimes as theſe: which is a circumſtance much aggravating his Offence, and making him no leſſe liable to puniſhment: he is THE**Since, he hath many followers. ONELYONLY 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 p. 43Order, London, 1641. wherein he thus declares the ſenſe of the Commons, p. 12. &c.

That by the Judges opinions (**p. 36. forecited) concerning Shipmony, 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 **Have none done ſo ſince them▪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. See Chap. 2. Propoſition. 1.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**Have not other Pioneers and Judaſſes done the like▪ Pioners have not onelyonly 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**This is grown a meer Paradon of late years, in Judges, ſouldiers & others. GREAT TRUST BINDES THE PARTY TRUSTED TO GREATEST CARE AND FIDELITY.

p. 44It 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**What are they now of late times of publike Changes? 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**See 27 H. 8. c. 24. 26. Magna Charta c. 12. 29. 52. H. 3. c. 1, 3, 5, 9, 20. 3 E. 1. c. 44, 45, 46. 13 E. 1. c. 10, 12, 30, 31, 35, 39, 44, 45. 25 E. 1. c. 1, 2. 27 E. 1. c. 2, 3. 34 E. 1. c. 6. 12 E 2. c. 6. 2 E. 3. c. 3. 14 E 3. c. 10. 16. Raſtal Juſtices. 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 onelyonly 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**Was it ever ſo frequent a ſin as now in all ſorts of late Judges, Officers, Subjects▪ Perjury.

My Lords, the hainouſneſſe of this offence is moſt legible in the**Do none deſerve as ſevere now? ſevere puniſhment, which former Ages have inflicted upon thoſe Judges, who have broken any part of their Oaths wittingly, though in things not ſo dangerous to the Subject, as in the caſe in queſtion.

**See Cookes 3. Inſtitutes p. 146, 147, and page 133. Holinſhed, page 284, 285. Speeds Hiſtory page 651. Stow, Walſingham, Daniel in 18 E. 1.Sir Thomas Wayland, Chief Juſtice of the Common Pleas 17. E. 1. was attainted of Felony for taking Bribes, p. 45and 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**See Cooks 3. Inſtit. p. 145. 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 **Have none of this name, or of this Function ſince done as bad or worſe in an higher degree?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 onelyonly againſt thoſe, qui praedictum Sacramentum fecerunt, & fregerunt, & **Let Cuſtodes Legum & Libertatum Angliae and thoſe now called Judges, remember it▪habent Leges Angliae ad cuſtodiendum: That is, onelyonly 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 **Let the Reporter and others now conſider itſame Judgement may be given in time to come upon the like occaſion. This caſe is in point, That it is death for any JƲDGE 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**1 Eliz. c. 1▪ 3 Jac. c. 4. 7 Jac. c. 6.Jas 4:7 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.

p. 461. That of Thorp, was onelyonly 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 to, but from the Subject.

2. In that of Thorp, as to thoſe five perſons, it was not an abſolute deniall of Juſtice, it was not a damming up, but a ſtraitning onelyonly of the Chanel. For whereas, the Judges ought Judicium reddere, that is, the Lawes being THE BIRTH-RIGHT and INHERITANCE OF THE SUBJECT, the Judge when the parties in ſuit demand Judgment, ſhould re-dare, freely reſtore the Right unto them; now he doth not dare, but vendere, with hazard onelyonly of perverting Juſtice; for the party that buyes the Judgment, may have a good and honeſt cauſe. But theſe Opinions, beſides that, they have coſt the Subjects very dear, dearer than any; nay, I think, I may truly ſay, than all the unjuſt Judgments that ever have been given in this Realm, witneſſe the many hundred thouſand pounds, which under colour of them, have been levied upon the Subjects, amounting to**This is nothing incompariſon to the late Taxes, Ship mony, Exciſes impoſed on the ſubjects, without a Parliament, amounting to above 20 times as much as the Kings Ship mony, and more frequent, unceſſant, and endleſſe then it. ſeven hundred thouſand pounds and upwards, that have been paid unto the Treaſurers of the Navy (in ſundry years) beſides what the Subjects have been forced to pay Sheriffs, Sheriffs Bailiff… (and now an hundred times more to Troopers, and Souldiers, who forcibly levy their unlawfull Contributions and Exciſes, though adjudged HIGH TREASON in Straffords caſe, and proved ſuch by Maſter St. John) and otherwiſe; which altogether as is conceived, amounts not to leſſe than a Million (in five years ſpace, whereas we pay above two Millions in Taxes, Impoſts, Exciſes, every year) beſides the infinite vexations of the Subject, by ſuits in Law, binding them over, and attendance at the Councel Table, taking them from their neceſſary imployments, in making Seſſes and Collections, and impriſonment p. 47of 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, by unceſſant endleſſe Taxes and Exciſes:) for by theſe opinions, they have put upon themſelves and their ſucceſſors, An impoſſibility of ever doing us right again, and an incapacity upon us of demanding it ſo long as they continue. (As the Compilers of the late Inſtrument, with 42 Strings, intitled, The Government of the Common Wealth of England, &c. Article 1, 2, 3, 9, 10, 12, 22, 24, 25, 27, 28, 29, 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 door 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 Pharoahs; but by this, Lex Regia, there is a tranſaction made, not onelyonly 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**Are we now beholding to it for any thing againſt the onelyonly new Law of the longeſt ſword? Which takes, impoſeth what when, and how much it pleaſeth, without accompt, or diſpute, from all ſorts and degrees of Perſons; and that by thoſe who were commiſſioned, truſted, engaged by Oaths, Proteſtations, Vows, League and Covenant to preſerve our laws and properties. not at all beholding TO THE LAW FOR IT, but are wholy 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 Wils, and by thoſe who were intruſted, and that ƲPON OATH, with the preſervation of theſe things for us. The Laws are our Forts and Bulwarks of defence: If the Captain of a Caſtle, only out of fear and cowardice, and not for any compliance with the enemy, ſurrender it, this is Treaſon, as was adjudged in Parliament, 1 R. 2. in the two Caſes of Gomines and Weſton, and in the Caſe of the Lord Gray, for ſurrendring p. 48Barwick 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 Seige: and yet the loſſe of a CASTLE loſeth not the Kingdom, onelyonly the place and adjacent parts, with trouble to the whole. But by theſe Opinions, there is a Surrender made of all our Legall Defence of Property: that which hath been Preacht, is now judged; that there is no Meum and Tuum, **Is there any between the late & preſent powers and them, further or longer than they pleaſe▪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 REFƲGE: Hereby it is become Templum ſine Numine, as as was the Temple built by the Roman 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**Are they not ſo now? 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 Privative in theſe Opinions, there is ſomewhat Poſitive. For now the Law doth not onelyonly not defend us, but the Law, it ſelf, (by temporizing Judges and Lawyers) is made the Inſtrument of taking all away. For whenſoever**It is not ſo now, when others who condemned and beheaded him for a Tyrant, ſay, pretenda…d act it over and over. 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 meanes, the Sanctuary is turned into a Shambles; the Forts are not ſlighted, that ſo they might neither do us good or hurt;Nota. But they are held againſt us by thoſe who ought to have held them for us, and the mouth of our own Canon is turned upon our own ſelves: (And that by p. 49our own Military Officers, Souldiers and others ſince, as well as the Ship money Judges then.) Thus far Maſter Oliver St. John (by the Commons Order) whoſe words I thought fit thus to tranſcribe at large, becauſe not only moſt pertinent, but ſeaſonable for the preſent times; wherein as in a Looking Glaſſe, ſome pretended Judges and Grandees, of theſe preſent and late p…ſt times, may behold their own faces and deformities; and the whole Nation their ſad condition under them. In the reſidue of that Printed Speech, he compares the Treaſon of the Ship-money Judges, and of Sir Robert Treſylium and his Complices in the 11 of R. 2. (condemned, executed for Traitors by Judgment in Parliament, for endeavouring to ſubvert the Laws 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 makes tranſcendent to theirs in**Worth conſideration of thoſe of the long robe. ſix particulars, as thoſe who pleaſe may there read at leaſure, 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, 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 onelyonly 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 p. 50Government 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**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.Hos 3:4Hos 3:5Zech 9:5Hab 1:10Hab 1:14Hab 1:15Mic 4:9Mic 4:10Amos 1:13Amos 1:14Amos 1:15Lam 5:16Ezek 19:1Ezek 19:14Isa 17:3Jer 17:25Jer 17:27Ezek 17:14Isa 47:5Dan 4:17 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.

p. 51Page 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 **Are they ſo now? and who have diſſolved the Ligaments that formerly united and held them together?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. Its 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. Its Felony to embezell any one of the Judiciall Records of the Kingdome: THIS AT ONCE SWEEPS THEM ALL AWAY and FROM ALL. Its Teaſon to counterfeit a Twenty ſhilling peice; Here's a**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? counterfeiting of the Law: we can call neither the counterfeit nor the true Coyn our own. Its 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 PƲNISH 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 onelyonly againſt the Life or Goods of ſome one, or few perſons. It would I believe be anſwered by the JƲDGES, 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 p. 52were 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 Paſſ…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 onelyonly 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 onelyonly 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 THOƲ THAT JUDGEST DOEST THOƲ THE SAME THING. But we p. 53are 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 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 d…merit, ſhould they be legally proſecuted for the ſame; and thereupon to adviſe them timely to repent of, and d…ſiſt from ſuch high Treaſonable attempts.

p. 545. 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 onelyonly) 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, **See Exact. Collection, p. 4. 12 243, 262. 321.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 p. 55Command, 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 onelyonly adde three ſwaying authorities more, wherewith I ſhall conclude this point.

The firſt, is a very late one, in a Treatiſe, intituled, A **Surely there are ſundry falſhoods in it, as well as ſome truths.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**If we believe themſelves in their own caſes 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 onelyonly, 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: p. 56and 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 **Some mens act ons ſince, declare they had ſome other ground and ayms than this.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)**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. 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 TRƲE ENGLISH PARLIAMENTS.

The ſecond is,**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 & preſent peace, upon grounds of Common Right, 9. November 1647, viz.

p. 57Reſolved upon the Queſtion, That the matters contained in theſe Papers, are deſtructive to the being of Parliaments, and to the fundamental Government of this Kingdom.

Reſolved; &c. That a Letter be ſent to the General, and thoſe Papers incloſed, together with the Vote of this Houſe upon them; And that he be deſired to examine the proceedings of this buſineſs in the Army (where it was firſt coyned) and return an Accompt hereof to this Houſe.

Theſe Votes were ſeconded ſoon after with theſe enſuing Votes, entred in the Commons Journal, and printed by their ſpecial Order, 23 Novemb. 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 ſeditious 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 Fundamental Government of the Kingdom.

Reſolved, &c. That Thomas Prince Cheeſe-monger, and Samuel Chidley, bee forthwith committed Priſoners to the Priſon of the Gate-houſe, 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 adjudged by this Houſe, to be deſtructive to the being of Parliaments, and fundamental Government of the Kingdom.

Reſolved, &c. That Jeremy Ives, Thomas Taylor, and William Larnar, bee forth-with 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 Agreement of the People; formerly adjudged by this Houſe, to be deſtructive to the being of Parliaments, and fundamental Government of the Kingdom.

Reſolved, &c. That a Letter be prepared and ſent to the p. 58General; 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 Rendezvous near Ware, and to give him thanks for it; and to deſire him to proſecute that Buſineſs to the bottome, and to bring ſuch guilty perſons as he ſhall think fit, to condign and exemplary puniſhment.

Reſolved, &c. That the Votes upon the Petition and Agreement annexed, and likewiſe the Votes upon this Petition, be forth-with printed and publiſhed.

After which, by a ſpecial Ordinance of both Houſes of Parliament, 17 Decemb. 1647. no perſon whatſoever, who had contrived, plotted, proſecuted, or entred into that Engagement, intituled, The Agreement of the people, declared To bee deſtructive to the being of Parliaments, and Fundamental Government of the Kingdom; for one whole year was to be elected, choſen, or put into the Office, or place of Lord Mayor, or Alderman, Sheriff, Deputy of a Ward, or Common Counſelman of the City of London, or to have a voyce in the Election of any ſuch Officers.

All theſe particulars, with the Capital proceedings againſt White, and others who fomented this Agreement in the Army, abundantly evidence the verity of my foreſaid Propoſition, and the extraordinary guilt of thoſe Members and Souldiers, who contrary to their own Votes, Ordinances, Proceedings, and Cenſures of others, have ſince proſecuted this, the like, or far worſe Agreement, to the deſtruction of our ancient Parliaments, and their Priviledges, and of the fundamental Government, Laws, and Liberty of our Nation: which I wiſh they would now ſadly lay to heart, with that ſaying of Auguſtine, approved by all ſorts of Divines, andaaSee Gratian, Cauſ. 2. Qu. 1. 2. Summa Angelica, Roſella, & Hoſtienſis. Tit. Reſtituito. Caſuiſts; Non remittitur peccatum, niſi reſtituatur ablatu…, & ſciendum eſt, Quod Reſtitutio eſt IN PRISTINUM STATUM POSITIO.

The third, is the memorable Statutes of 3 Jacobi, c. 1, 2, 4. & 5. which relating the old Gunpowder Treaſon of the Jeſuits and Papiſts, and their infernal, inhuman, barbarous, deteſtable plot, to blow up the King, Queen, Prince, Lords, Commons, and the whole Houſe of Peers with Gunpowder, when p. 59they ſhould have been aſſembled in Parliament, in the upper Houſe of Parliament, upon the fifth of November, in the year of our Lord, 1605. do aggravate the hainouſneſs and tranſcendency thereof, by this circumſtance, That it was (as ſome of the principal Conſpirators confeſſed) purpoſely deviſed and concluded to be done in the ſaid Houſe, That where ſundry neceſſary and religious Laws, for preſervation of the Church and State, were made, (which they falſly and ſlanderouſly termed, Cruel Laws enacted againſt them, and their Religion) both Place and Perſons ſhould be all deſtroyed and blown up at once; and by theſe dangerous Conſequences, if it had not been miraculouſly prevented, but taken effect; That it would have turned to the utter ruine, overthrow, and ſubverſion of the whole State and Common-wealth of this flouriſhing and renowned Kingdom, of Gods true Religion therein eſtabliſhed by Law, and of our Laws and Government. For which horrid Treaſon, they were all attainted, **See Speeds Hiſt. p. 1250. &c. Mr. Vicars Hiſtory of the Gunpowder-Treaſon, The Arraignment of Traytors.and then executed as Traytors, and ſome of their Heads, Quarters, ſet upon the Parliament Houſe for terrour of others. Even ſo let all other Traytors, Conſpirators againſt, all Blowers up, and ſubverters of our fundamental Laws, Liberties, Government, Kings, Parliaments, and Religion, treading preſumptuouſly in their Jeſuitical footſteps, periſh, O Lord, **Judg. 5. 21.Judg 5:21but let all them who cordially love, and ſtrenuouſly maintain them againſt all Conſpirators, Traytors, Underminers, Invaders whatſoever, be as the Sun when hee goeth forth in his might; That the Land may have reſt, peace, ſettlement again, for as many years at leaſt, as it had before our late Innovations, Warres, Confuſions, by their reſtitution and reeſtabliſhment.