Vindication of Old Fundamental Liberties, Letter

Vindication of Old Fundamental Liberties · Letter

p. 1A Seaſonable, Hiſtorical, Legal, VINDICATION, AND CHRONOLOGICAL COLLECTION Of the good Old Fundamental Liberties, Franchiſes, Rights, Laws of all Engliſh Freemen; (their beſt Inheritance, Birth-right, Security, againſt Arbitrary Tyranny, Egyptian Slavery and Burdens) of late years moſt dangerouſly undermined, oppungned, and almoſt totally ſubverted, under the ſpecious feigned Diſguiſe of their Defence, Enlargement, and future Eſtabliſhment upon a ſure Baſis.

IT is an univerſal received Principle, and experimental Truth, beyond all contradiction, That no natural ſtructure, no arteficial Building, no Civil or Eccleſiaſtical Corporation, Realm, Reipublicke, Government, or Society of men; no Art nor Science whatſoever, can poſſibly be erected, ſupported, eſtabliſhed, preſerved or continued in their being or well being, without FOUNDATIONS: whereon as they were at firſt erected, ſo they muſt neceſſarily ſtill depend, or elſe they will preſently fall to utter ruine.

Hence it is, (to wave all Humane Authorities in ſo clear a Verity) that in God's own ſacred uner…ingaaJoh. 17. 17. 2 Cor. 6. 7. Eph. 1. 12. Ja. 1. 18▪John 17:172 Cor 6:7Eph 1:12 Word of Truth, we find frequent mention of the naturalbb2 Sam. 22. 8, 16. Iob 38. 4▪ 6. Pſal. 18, 15. & 102. 25. & 1 4. 5. Prov. 8. 29. Iſa. 24 18. & 40 21. & 48. 13. & 51. 13, 16. Ier. 31. 17. 24 Epheſ. 4 4 Heb. 1. 10. & 4. 3 & 9. 26. 1 Pet. 1. 20.2 Sam 22:82 Sam 22:16Job 38:4Job 38:6Ps 18:15Ps 102:25Ps 1:4Ps 1:5Prov 8:29Isa 24:18Isa 40:21Isa 48:13Isa 51:13Isa 51:16Jer 31:17Jer 31:24Eph 4:4Heb 1:10Heb 4:3Heb 9:261 Pet 1:20 FOUNDATIONS of the vaſt natural Fabrick of the Earth, Heavens, and World it ſelf; of the Artificial Materialcc1 King. 5. 17 & 6. 37. & 7. 9, 10. Ezr. 4. 13 & 6 3. Pſ. 137. 7. Ezek. 41. 8. Hag. 2. 8. Zech. 4 9 & 8. 9 Mat. 7▪ 26, 27. Luke 6. 48, 49.1 Kgs 5:171 Kgs 6:371 Kgs 7:91 Kgs 7:10Ezra 4:13Ezra 6:3Ps 137:7Ezek 41:8Hag 2:8Zech 4:9Zech 8:9Matt 7:26Matt 7:27Luke 6:48Luke 6:49 FOVNDATIONS of the material Temple, wals, City; of Gods own moſt famous city Ieruſalem; and of private houſes: of the SpiritualddIſa. 28. 16. & 54, 11. Pſal. 87. 1. 1 Cor. 3. 10, 11, 12. Heb. 11. 10. 1 Pet. 2. 6. Rev. 21. 14. 19.Isa 28:16Isa 54:11Ps 87:11 Cor 3:101 Cor 3:111 Cor 3:12Heb 11:101 Pet 2:6Rev 21:14Rev 21:19 FOUNDATION of the Spiritual Temple, City Ieruſalem, and whole Church of God; even Ieſus Chriſt himſelf: of the Doctrinalee2 Tim. 1. 19. Heb. 6. 1, 2.2 Tim 1:19Heb 6:1Heb 6:2 FOUNDATIONS, and firſt principles of Religion, Chriſtianity, Salvation: yea, of the Political ffIer. 50. 15. Micah. 1. 6, 7. L…ke 6. 48, 49. Mat. 7. 26, 27.Jer 50:15Mic 1:6Mic 1:7Matt 7:26Matt 7:27FOUNDATIONS of Kingdoms, Reipublikes, Churches, Governments, States: which being once ſhaken, undermined, ſubverted, razed, or deſtroyed, bring unavoidable ruine and deſolation upon them, (Pſal. 11. 3. Pſal. 82. 5, 6. Ier. 50, 17. & 51, 15, 16. Mic. 1. 6, 7, 9.) even as we daily ſee Caſtles, Wals, Houſes, to fall inſtantly to the ground, and become an heap of Confuſion, when their Foundations are blown up, decayed, or demoliſhed.

Upon which conſideration, thoſe publike Laws, which eſtabliſh, fence, fortifie, ſupport the Foundamental Conſtitutions, Rights, Liberties, Priviledges, of any Nation, Kingdome, Reipublike, (eſſential to their being and ſubſiſtence, as a free or happy people, againſt the Invaſions, Vnderminings, Encroachments, of any Tyrants, Vſurpers, Oppreſſors, or publike enemies, are uſually ſtiled FUNDAMENTAL LAWS;) and have ever been reputed ſo ſacred, inviolable, immutable, in all ages, upon any Preterces of Neceſſity, or publike Safety, that moſt Nations, and our own Engliſh Anceſtors, above others, have freely choſen to hazard, yea loſe their Eſtates, Lives, in their juſt defence, againſt ſuch exorbitant Tyrannical Kings, and other Powers, who by force or policy have on leavoured to violate, alter, or ſubvert them, rather then out of Cowardize, Scottiſhneſſe, Careleſſeneſſe or want of cordial love to the Publike, to ſuffer the Laſt infringement, repeal, or alteration of them, to the inthralling of Themſelves, or their Poſterities, to the arbitrary p. 3Wills of ſuch Domineering Tyrants, and Vſurping Poners.

Now becauſe, after all our Old and New (many yeers) bloody, coſtly, dangerous Conteſt, and Wars, for the maintenance of our Good Old Fundamental Liberties, Laws, Rights Priviledges, againſt all ſecret or open underminers of them I clearly behold, with grief of heart, that there is a ſtrang monſtrous Generation of New TYRANNICAL STATE HERETICKS ſprung up amongſt us; who are grown I deſperately impudent, as not onelyonly to write, but publikely to aſſert in Print, (inaaLib. tryed and caſt, p. 39, 40, 142, to 4… 154] Canne's Voice from the Temple, which perſwades the ſubverſion and aboliſhing of all former Lawes, eſpecially for Tythes & Miniſters ſupport. Books, printed by AUTHORITY, even in Capitals in the very Title-page) That the Free-men and People of England have no ſuch unalterable Fundamental Laws and Liberties left them by their fore-fathers, (as our Anceſtors heretofore conteſted for, both in the Field and Parliament-Houſe, with William the Conqueror, Henry the firſt, King John, Henry the third, Edward 1, 2, 3. Richard the ſecond, with other Kings and Princes; and our late Parliaments and Armies too, with King James, and King Charles.) That neither Magna Charta, nor the Petition of Right, nor the Laws for trying Malefactors by Juries of their peers, are Fundamentall, or unaltera…le; but that the STATE-PHYSITIANS (or rather Mountebanks) of our time, (who are not tied up to them, but left free unto themſelves) may lay them quite aſide, either in part or whole, as they ſee cauſe: Yea, (having now attained to ſuch a ſuper-tranſcendent Authority, as) may (as they aſſert) DAY ASIDE ALL PARLIAMENTS and PARLIAMENTARY WAYES, and appoint SOMETHING ELSE, as more ſeaſonable and proper to us, and as Providence makes way for it, if they ſee it more conducing to the ſafety and good of the Common-wealth, (that is, to their own private Intereſts, Honours, Profits, Securities, Deſignes, Oppreſſions, Rapines, gilded over with this ſpecious pretext.) And then …emptorily conclude, That to plead for theſe and other Fundamental Laws and Liberties, as unalterable,) though the onelyonly … and Badges of our Freedom (is nothing elſe but to … the Nation: for by ſuch a Principle, People doe … their p. 4Liberty, but are brought under ſuch a kind of Tyranny, out of which (AS BEING WORSE THAN THE AEGYPTIAN BONDAGE) there is no hope of deliverance. An abſurd Tyrannical Paradox, tranſcending any I ever yet met with in any Author; ſtripping us naked of all our long enjoyed Laws, Liberties, Franchiſes, Great Charters at once; tending onelyonly to reduce, and perpetually inthral us under ſuch an abſolute AEGYPTIAN BONDAGE and Tyranny, without any hope of future deliverance from it, which ſome now endeavour to entail on us and our poſterities for ever, by an Iron Law, and Yoke of Steel, in ſtead of reſtoring to us that Glorious Freedome, which we have ſo long expected from them in vain.

And becauſe I find the Generality of the Nobility, Gentry, Clergie, Commonalty, of our Nation, after all their, late yeers expenſive bloudy wars, and Parliamentary Diſputes, for the defence and preſervation of theſe our Ancient Hereditary Fundamental Charters, Laws, Liberties, Priviledges, ſo ſtrangely degenerated both from themſelves, and their Heroick prudent Anceſtors, as that they are more readily inclined, upon every occaſion, out of a baſe, un-Chriſtian, un-manly, un-Engliſh fear, or Scottiſh cowardice and ſtupidity, wittingly to deſert, betray, ſurrender them all up into the hands of any invading Vſurpers, without the leaſt Publike Claim, Diſſertation, Defence, or Diſpute; then diligently or couragiouſly to contend for them, as of late they did: So as that which Paul once taxed in the ſlaviſh beſotted Corinthians, 2 Epiſt. 11. 20. may be moſt truly averred of our degenerated, infatuated, Engliſh Nation: Ye ſuffer if a man bring you into bondage, if a man devour you, if a man take of you, if a man exalt himſelf, (above your Laws, Liberties, Franchiſes, Parliaments, Kings, Nobles, Properties, Lives, Conſcience, andaa2 Theſ. 24▪ all that is called God, or worſhipped) if a man ſmite you on the face; notwithſtanding all their manifold latebbSee Exact Collect and a general Collect. … Ordinances, &c. Proteſtations, Vows, Covenants, Remonſtrances, Declarations, and Publike Engagements, to the contrary. And withal, after diligent enquiry, diſcovering ſcarce one man of Eminencie or Power p. 5in the Nation, nor ſo much as one of my degenerated temporizing Profeſſion of the Law, (even when theccSee Culpeper's & Lilly's Merlins & Almanacks, John Can's 2 Voice, Lib. tried and caſt. with many Petitions and Pamphlets againſt the Law and Lawyers. The Order of Aug. 19. 1653. That there ſhould be a Committe ſelected to conſider of a NEW BODY of the Law, for the government of this Commonwealth. whole Body of our Laws, and all its Profeſſors, are violently aſſaulted, and devoted unto ſudden ruine, by many lawleſſe ſpirits) who hath ſo much Courage, magnanimity, Honeſty, Zeal, or cordial Love to his native Country, remaining in his breſt, as manfully to appear in publike, for the ſtrenuous neceſſary defence of theſe our Hereditary, Fundamental Laws, Liberties, Rights, Franchiſes, (though their own, and every other Engliſh Freeman's beſt Inheritance and Security) for fear of being perſecuted, impriſoned, cloſe impriſoned, exiled, condemned, deſtroyed, as a Traytor, Rebell, Seditious perſon, Enemy to the publike, or diſturber of the Kingdoms Peace, by thoſe who are truly ſuch: I thereupon conceived I could not undertake or perform a more neceſſary, ſeaſonable, beneficial Service for my Country, (and not to be like thoſe, who are aſhamed, afraid, for the moſt part, to own, viſit, or be ſeen in the company of thoſe Gallant men, much leſſe to aſſiſt, defend, and ſtick cloſe unto them in their dangers, according to the ſixth Article of their late Solemn League and Covenant, who have ſuffered, acted, and ſtood up moſt for their Common Liberties, Rights, Freedoms, Religion, againſt all invading Tyrants, to their great diſcouragement and betraying) nor pitch upon any Subject more proper for me, either as a common Lawyer, or as a conſtant Advocate and Sufferer for the Publike Cauſe, and Liberties of the Nation, as well under our late extravagant Free-State, as former Regal and Epiſcopal arbitrary Tyranny, then in this juncture of our publike affairs, to preſent our whole diſtracted unſetled Kingdome, with An Hiſtorical and Legal Vindication, and Chronological Collection, in all Ages, of theſe Ancient Hereditary Liberties, Franchiſes, Rights, Conteſts, Laws, Charters, Records, Monuments of former and late times, for their Confirmation, and inviolable Ob…rvation, which our Anceſtors and our Selves have alwayes hitherto reputed FUNDAMENTAL, UNALTERABLE, INVIOLABLE, upon any pretext; and have moſt eagerly contended for, with the prodigal expence of many p. 6millions of Treaſure, and whole oceans of gallant Chriſtian Engliſh bloud.

And if, upon the ſerious peruſal of them, the uniuerſality of our degenerated Nation, after their many late ſolemn Proteſtations, Vows, Leagues, Covenants, Remonſtrances, inviolably to defend and maintain them, ſhall … ſo undervaelue them now at laſt, (as … actually have done) as not to eſteem them worth the owning, maintaining, vindicating, or perpetuating and longer; and thereby draw upon their headache real guilt of all thoſe bloudy Wars, Murders, Tumults Violences, Rapines, Oppreſſions, Sins, Miſchiefs, Illegal Ta…es, Exciſes, Exorbitancies, which their many late yeers pretended Neceſſary Defence and Preſervation have brought upon ou… three whole Nations; let them henceforth, like ſo man, …aſtardly conquered Bond ſlaves, bored thorow the eares… publikely diſavow, diſclaim, renounce, abiure them, for themſelves and their Poſterities for ever, as meer worthleſſe toyes, or pernicious inventions, fit onelyonly to kindle perpetuall Wars and Diſcords between King and People, Head and Members, Superiours and Inferiours; or as poor ſlender Cobwebs, (as now they prove) fit to hold none within compaſſe but the very weakeſt ſlyes; broken thorow with … and impunity by every greater fly, creeping up into any Power or Supreme Authority, by Right or Wrong; and ſwept down to the very ground, by every New Broom in the hand of upſtart Innovators.

But if, upon ſaddeſt deliberation, they ſhall really eſtimate them to be ſuch incomparable, rich, precious jewels, and ancient inheritances, as are every way worth the infinite Treaſures, Warres, Blood, Cares, Conſultations, Troubles, heretofore and of late yeers expended, both to gain, retain, confirm, and perpetuate them, to them and their poſterities for ever, as their principal earthly Security and Beatitude; I hope they will all then unanimouſly henceforth conclude with the Poet.

Non minor eſt virtus quam quaerere, PART A TVERI: and both by their Votes, and Actions, return the ſelf-ſame peremptory magnanimous anſwer to any Caeſar, Conqueror, p. 7Patentate, Power, or Combination of men whatſoever, (who ſhall endeavour by force, fraud, …flattery, to compel or perſwade them, to ſell, reſign, betray, … theſe their Antiſtrial Priviledges, …, to them) … once did to King Ahab, 1 King. 21. 3. The Lord forbid … us, that we … give (ſell, or betray) the INHERITANCE OF OVR FATHERS (and our Poſterities likewiſe) unto thee, or you; though they ſhould ſuffer for this Anſwer and refuſal, as much as Naboth did from bloudy Ahab and Jez…bel.

But whatever low price or eſtimate this ſpurious, ſtupid ſordid, ſlaviſh Age may ſet upon theſe richeſt Pearls; yet for my own particular, upon ſerious conſideration of theſe Chronological Collections, and the Solemn Oathes, Proteſtations, Vows, League and Covenant, obliging me to defend them to the uttermoſt; I value the whole Nations publike, and my own (with my cordial friends) private intereſt in them, at ſo high a rate, that I would rather chearfully part with ten thouſand lives, and all the treaſures of the Nation, were I owner of them, then wittingly, negligently, or unworthily fell, betray, or reſign them up to any Mortals, or Powers whatſoever, upon any Pretences or Conditions, after all my former Publications, Conteſts, Sufferings, &c. for their juſt Defence.

Now to the end all others might now take ſpecial notice of the ineſtimable value our Anceſtors in all Ages have ſet upon them, and what ſucceſſive Wars, Conflicts, they have cheerfully undertaken for their preſervation; I have, at vacant hours compiled this en…uin… Vindication and Collection of the Old Fundamental Liberties, Franchiſes, Laws, of all Engliſh Free-men, which I ſhall be que…th to my moſt beloved native Country in generall and every reall Her…k Patron of them in particular, as the beſt Legacie I can leave behind me, both for their … future Enfranchiſement, Immunity, Security, from all … tyranny, Slavery, and yokes of Bondage, under … have a long time languiſhed and …

p. 8The Method I reſolve herein to purſue is this:

1. I ſhall produce ſome punctual Authorities of moment, to evidence, That the Kingdome and Free-men of England, have ſome ancient Hereditary juſt Rights, Liberties, Priviledges, Franchiſes, Laws and Cuſtoms, properly called FVNDAMENTAL: and likewiſe a FVNDAMENTAL Government, no wayes to be altered, undermined▪ ſubverted, directly or indirectly, to the Publike prejudice, under pain of high Treaſon in thoſe who ſhall attempt it, eſpecially by fraud, force, or armed Power.

2. I ſhall in brief Propoſitions preſent you with the chiefeſt and moſt conſiderable of them, which our Anceſtors in former ages, and our lateſt real Parliaments have reſolved to be, and eagerly contended for, as FUNDAMENTAL, eſſential to their being and well-being, as a Free People, Kingdom, Reipublike, unwilling to be enſlaved under any yokes of Tyranny, any Arbitrary Impoſitions or Powers whatſoever. And then give you a brief Touch of their ſeveral late unparallel'd violations, both by the Edicts and Actions of uſurping Powers.

3. I ſhall in a Chronological way tender you a large Hiſtorical Catalogue of Conteſts, Votes, Declarations, Remonſtrances, Oathes, Vows, Proteſtations, Covenants, Engagements, Evidences, Statutes, Charters, Writs, Records, Judgements, and Authorities, in all ages, undeniably evidencing, declaring, vindicating, eſtabliſhing, perpetuating theſe Fundamental Hereditary Rights, Liberties, Priviledges, Franchiſes, Cuſtoms, Laws, and abundantly manifeſting the extraordinary care, induſtry, zeal, courage, wiſdom, vigilancy of our Anceſtors, to defend, preſerve, and perpetuate them to poſterity, without the leaſt violation or diminution.

4. I ſhall vindicate the exellencie, indifferencie, and legality of trying all Malefactors whatſoever by Juries of their peers, upon legal Proceſſe and Indictments; and manifeſt the illegality, injuſtice, partiality, dangerous conſequences, of admitting or introducing any other form of Trials, by New, Arbitrary, Martial Commiſſions, or Courts of High Juſtice, (or rather**Summum jus, eſt ſumma injuria. Cic. de Offic…is, p. 611. Injuſtice) inconſiſtent with, and deſtructive to the p. 9Fundamental Rights, Liberties, Priviledges, Laws, Franchiſes of the Engliſh Nation, and of moſt dangerous Preſident to Poſterity; being ſet up by the greateſt Pretenders to Publike Liberty, Law, and the chiefeſt inveighers againſt Arbitrary Regal Tyranny and Power, which never publikely eſtabliſhed them by any Law, and may fall to imitate them in future Ages.

Each of theſe I intend to proſecute in diſtinct Chapters in their order

For the firſt of theſe: That the Kingdome and Free-men of England, have ſome Ancient Hereditary Right, Liberties, Priviledges, Franchiſes, Laws and Cuſtoms, properly called FVNDAMENTAL; and likewiſe a FVNDAMENTAL GOVERNMENT, no wayes to be alt…red, undermined, ſubvert…d, 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 thoſeaaLib. tryed and caſt, p. 39. 40, 142. to 148 and elſewhere. John Can…'s 2 Voice from the Temple. John Rogers Mene, …, Perex. p 6. Lilly and Culpeper in their prognoſtication: Anno 1653. & 16, 4, See the Arimies Propoſals. traytorous late-publiſhed Pamphlets, which profeſſedly deny it, and endeavour a total abrogation of all former Laws, to ſet up a New Model, 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 bybbSee Math. Par…s. p. 2. 6, & Magna Chart. 9. 11. … H. 3. c. 1. & 38. 25 E. 1. c. 1, &c. 28 E 1, c. 1, &c Cook…s 2 Inſtit. p. 2. King John, Anno 1215. in the 17 yeer of his Reign; regranted and confirmed by King Henry the third, in the ninth yeer of his Reign, and ſundry times afterwards; and by King Edward the firſt, in the 25 and 28 yeers of his Raign: wherein theſe three Kings ſucceſſively, by their ſeveral Grand Charters under their Great Seals, did grant, give, and confirm, to all the Free-men of the Realm of England, FOR THEMSELVES AND THEIR HEIRS FOR EVER, the Cuſtoms, Liberti…s therein contained; TO HAVE AND TO HOLD THEM, TO THEM AND THEIR HEIRS FROM THEM AND THEIR HE…RS FOR EVER. Concluding their Charters thus: All theſe Cuſtoms and Liberties aforeſaid, which we have granted to be holden within this our Realm, as much as appertaineth TO US AND OUR p. 10HEIRS, WE SHALL OBSERVE. And ALL MEN OF THIS OUR REALM, AS WELL SPIRITUALL AS TEMPORALL, (as much as in them is) ſhall obſerve the ſame againſt all perſons in likewiſe. And we have granted unto them, THAT NEITHER WE NOR OUR HEIRES SHALL PROCURE OR DO ANY THING WHEREBY THE LIBERTIES IN THESE CHARTERS CONTAINED, SHALL BE INFRINGED OR BROKEN. We …atifying and approving theſe Gifts and Graunts aforeſaid, CONFIRM and CORROBORATE ALL THE SAME, FOR US AND OUR HEIRS PERPETUALLY: and by theſe Preſents (as the later Charters run) do renew the ſame Willing and Granting, FOR US AND OUR HEIRS, THAT THESE CHARTERS, AND ALL AND SINGULAR THEIR ARTICLES, FOR EVER SHALL BE STEDFASTLY, FIRMLY, AND INVIOLASLY OBSERVED.

Sir Edward Cook, (that reverend learned Judge and Profeſſor of our Laws) in his preface to his ſecond Inſtitutes, and p. 2. and 77. thereof, wherein he comments on this Great Charter, (printed by two Orders of the Houſe of Commons in Parliament, dated 12 Maii. 1641. and 30 Junii, 1642.) reſolves in direct terms, That the Great Charter was for the moſt part declaratory of the Principal Grounds of THE FVNDAMENTAL LAWS OF ENGLAND: That theſe words therein, [for as and our heirs for ever] were added to avoid all ſcruples; THAT THIS GREAT PARLIAMENTARY CHARTER MIGHT LIVE AND TAKE EFFECT IN ALL SUCCESSIONS OF AGES FOR EVER. A clear Reſolution, that the principal Liberties, Cuſtoms, Laws, contained in theſe Great Charters, and ratified by them, are both Fundamental, perpetual, and unalitrable; being ſince confirmed in all points by neer fourty ſeveral ſpecial Acts of Parliament in ſucceeding Parliaments: and likewiſe by the Solemn Oathes of our Kings, Nobles, Judges, Great Officers, and of the People too, (all ſeverall times ſworn to defend and maintaine the ſame) and by ſundry Solomn Excommunications againſt the onfringers or contemners p. 11of them in any kind; as I ſhall prove more fully in the third Chapter.

The ſecond is, the punctuall Reſolution of the whole Parliament of 1 Jacobi, even in a printed act of Parliament, chap. 2. and of King James himſelf, in his ſpeech therein, as is evident by this Prologue to that act: Whereas his moſt excellent Majeſtie hath been pleaſed, out of his great wiſdome and judgment, not onelyonly to repreſent unto us by his own prudent and Princely Speech on the firſt day of this Parliament, how much he deſired (in regard of his inward and gratious affection to both the famous and ancient Realms of England and Scotland, now united in allegiance, and by all ſubjection IN HIS ROYAL PERSON, TO HIS MAJESTY AND HIS POSTERITY FOR EVER) that by a ſpeedy, mature, and ſound Deliberation, ſuch a future Vnion might follow, as ſhould make perfect that mutual love, and uniformity of Maners and Cuſtoms, which Almighty God in his providence, for the ſtrength and ſafety of both Realms, hath ſo far already begun, in… pparent ſight of all the world; but alſo hath vouchſafed to expreſſe many ways, how far it is, and EVER SHALL BE, from his Royal and ſincere care and affection to the Subjects of England, TO ALTER OR INNOVATE the FUNDAMENTAL and ANCIENT LAWS, PRIVILEGES and GOOD CUSTOMS OF THIS KINGDOM; whereby not only HIS ROYAL AUTHORITY, but THE PEOPLES SECURITY OF LANDS,Not… LIVINGS, and PRIVILEGES (…oth in generall and particular) are PRESERVED and MAINTAINED; and, BY THE ABOLISHING OR ALTERATION OF THE WHICH, IT is IMPOSSIBLE BUT that PRESENT CONFUSION WIL FALL UPON the WHOLE STATE and FRAME OF THIS KINGDOM, &c. In which memorable Clauſe, theſe four things are obſervable, 1. That the Kingdom and People of England have Fundamental ancient good Laws, Privileges, and Cuſtoms. 2. That theſe are no ways to be altered or innovated; and that it always hath been, is, and ever ſhall be, far from the thoughts and intents of all good Kings, Governours, and Parliaments, p. 12who bear a ſincere care and affection to the ſubjects of England, to alter or innovate them. 3. That by theſe ancient good Laws, Privileges, and Cuſtoms▪ not onelyonly the Kings Regal authority, but the peoples ſecurity of Lands, Livings, and Privileges, (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 whole State and frame of this Kingdome. Which I wiſh all Innovators and New Modellers of our Laws, would now at laſt lay ſeriouſly to heart, and the whole Kingdom and Engliſh Nation ſadly conſider, who have found it an Experimental truth of late yeers, and no imaginary feigned Speculation.

3The third is The Remonſtrance of the whole Houſe of Commons in Parliament, delivered in writing to K. James, in the Parliament of 7 Iac. anno 1610. which begins thus.

To the Kings moſt Excellent Majeſty. Moſt gracious Soveraign,

WHereas we your Majeſties moſt humble Subjects,See Prop. 1 & 6 in Chap 2. the Commons aſſembled in Parliament, have received, firſt by Meſſage, and ſince by Speech, from your Majeſtie, 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: Wee your ſaid humble Subjects nothing doubting but that your Majeſtie had no intent by that command, to infringe THE ANCIENT AND FVNDAMENTAL RIGHTS OF THE LIBERTY OF PARLIAMENT▪ in poynt of exact diſcuſſing of all matters concerning them and their poſſeſſions, Goods, and Rights whatſoever; which yet wee cannot but conceive to be done in effect by this command, Do with all humble duty make this Remonſtrance to your Majeſtie.

Firſt, Wee hold it AN ANCIENT, GENERAL and VNDOVBTED RIGHT OF Parliament, to debate p. 13freely all matters which do properly concern the Subject, and his Right or Eſtate: which freedom of debate being once fore-cloſed,Nota. THE ESSENCE OF THE LIBERTY OF PARLIAMENT IS WITHALL DISSOLVED.

Here the whole Houſe of Commons, in a ſpecial Remonſtrance to King James, (printed and publiſhed by Order of a Committee of the Houſe of Commons for licenſing of Books, dated 20 Maii, 1641. 17 Caroli) declare, reſolve, vindicate, and maintain, One principal, ancient, Fundamental, general, undoubted 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 ſo much, nay farre more intrench upon the ancient, Fundamental, General, undoubted Right and Liberty of Parliament▪ and Parliamentary free Debates, to the diſſolution of the Eſſential Liberty of all future Parliaments, as this Command of King James did, or as the Biſhops late Canons impoſed on the Clergy in and by the Convocation, Anno 1640. ever did; and this Clauſe in their &c. Oath then made, (now imitated by others, who condemned it:) … A. B. do ſwear, that I will never give my conſent TO ALTER THE GOVERNMENT OF THIS CHURCH BY ARCH-BI…HOPS, BISHOPS, DEANS, AND ARCH-DEACONS, &c. AS IT STANDS NOW ESTABLISHED, AND AS BY RIGHT IT OVGHT TO STAND:**See Cant. D…m. p▪ 19, 26, 40. D…urn. Occu… rences, p. 13 Reſolved by the whole Houſe of Commons, and Peers too, without one diſſenting voyce, in Parliament, Decemb. 1640. to be a moſt p. 14dangerous and illegal Oath, contrary to THE RIGHTS and PRIVILEGES OF PARLIAMENT, and to the FVNDAMENTAL LAWS & STATVTES OF THE REALM, &c. and OF DANGEROVS CONSEQVENCE. The contriving whereof was objected to the late Arch-biſhop of Canterbury, in his Original and Additional Articles of Impeachment, to be HIGH TREASON; for which amongſt other thigs, he loſt his head.

4The fourth is, the notable Petition of Grievance of the whole Houſe of Commons in Parliament, preſented to King James in the ſeventh yeer of his Reign, after their Vote againſt his right to lay any Impoſitions on Goods imported or exported, without aſſent of Parliament; in theſe enſuing words,

THe policy and Conſtitution of this your Majeſties Kingdom, See Propoſ. 1. in chap. 2.appropriates unto the Kings of this Realm, with aſſent of Parliament, as well the Soveraign power of making Laws, as that of taxing or impoſing upon the Subjects Goods or Merchandizes, 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 Kingdom, as they have**O how are they now degenerated! ever ſhewed themſelves faithful and loving to their Kings, & ready to aid them in all their juſt occaſions,Nota. with voluntary Contributions: SO HAVE THEY BEEN **And ſhould they not be ſo now, then?EVER CAREFUL TO PRESERVE THEIR OWN LIBERTIES AND RIGHTS, WHEN ANY THING HATH BEEN DONE TO PREJUDICE OR IMPEACH THE SAME. And therefore when their Princese it her occaſioned by war, or by their own bounty, or by any other neceſsity, have without conſent of Parlament 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 **And ſhal we now at laſt fail herein?NEVER FAILED TO OBTAIN A SPEEDY AND FULL REDRESS, without any‖‖How dare then any ſelf-created powers who are neither Kings nor Parliaments now arrogate to themſelves, or exerciſe ſuch a ſuper-Regal arbitrary power and prerogative? Claim made by the Kings, of any Power or Prerogative in that point. And though THE LAW OF PROPERTY BE ORIGINAL, and carefully p. 15preſerved by the Common Lawes of this Realm, WHICH ARE AS ANCIENT AS THE KINGDOM IT SELF; yet thoſe famous Kings, for the better contentment and aſſurance of their loving Subjects, agreed, THAT THIS OLD FVNDAMENTAL RIGHT (obſerve the words) ſhould be further declared, AND ESTABLISHED BY ACT OF PARLIAMENT, wherein it is provided, That no ſuch Charge ſhould ever be laid upon the People without their common conſents, as may appear by ſundry Records of former times.Nota.

We therefore your Majeſties moſt humble Commons aſſembled in Parliament,**And O that we would follow it now again! FOLLOWING THE EXAMPLE OF THIS WORTHY CARE OF OVR ANCESTORS, AND OVT OF OVR DVIY 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 FAR MORE IN NVMBER THEN ANY YOVR NOBLE ANCESTORS DID EVER IN TIME OF WAR, do with all humility preſent this moſt juſt and neceſſary Petition unto your Majeſty, THAT ALL IMPOSITIONS SET WITHOVT ASSENT IN PARLIAMENT, MAY BE QVITE ABOLISHED AND TAKEN AWAY. And that your Majeſty likewiſe in imitation of your Royal PROGENITORS, will be pleaſed, that a Law in your time, and during this Seſſion of Parliament, may be alſo made, to declare, THAT ALL IMPOSITIONS OF ANY KIND SET, OR TO BESET VPONUPON YOVR PEOPLE, THEIR GOODS OR MERCHANDIZES, SAVE ONLY BY COMMON CONSENT IN PARLIAMENT, ARE AND SHALL BE VOYD; wherein your Majeſty ſhall not only GIVE YOVR SVBJECTS 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 Forein, to the overthrow of Merehants, and Shipping, the cauſing of general dearth, and decay of all wealth among your people who p. 16will be therby no leſs diſcouraged, then 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 ectabliſhed both by the ancient 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 encroachments, together with their own care, duty and vigilancy in this kind in that very Parliament.

3. They relate the readineſs of our Kings to ratifie theſe their Fundamental Rights by new Act of Parliament, when they have been violated in any kind.

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 infringement thereof, by arbitrary illegal Impoſitions, without full conſent in Parliament.

5. They earneſtly (in point of conſcience, prudence, and duty to thoſe for whom thy ſerved) Petition his Majeſty, for a new Law and Declaration againſt all new Impoſitions & Taxes on Inland Goods, or Merchandizes 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 Notional or real Parliament, to Proſecute, Enact, Eſtabliſh ſuch a Declaration and Law againſt all ſuch future arbitrary, illegal, oppreſſive Taxes, Impoſitions, Excizes, that have been impoſed and continued for many years together on the whole Kingdom, by new extravagant, ſelf-created, uſurping Army-Officers, and other Powers, without free and full conſent of the People in lawfull Engliſh Parliaments, againſt all former Laws, Declarations, and Reſolutions in Parliament, p. 13to their great oppreſſion, enſlaving, undoing, and that in far greater proportions, multiplicity, and variety, …hen ever in former ages, without the leaſt intermiſſion; and likewiſe againſt their late declared deſign, 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, 3…, 3…. Articles of the Inſtrument entituled, The Government of the Common-wealth of England, &c. I remit to their moſt ſerious conſiderations to determine, it ever they reſolve to be Engliſh Freemen again, or to imitate the wiſdom, prudence, zeal, courage, and laudable examples of their worthy Anceſtors, from which they cannot now degenerate without the greateſt Infamy, and enſlaving of themſelves with their Poſterities for ever, to the arbitrary wills of preſent or future Uſurpers 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, bloudy Wars for their Defence againſt the Beheaded King.

The fifth is, A learned and neceſſary Argument made in 5the Commons Houſe of Parliament, Anno 7. Jacobi, to prove, That each Subject hath a propriety 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 Kingdom, printed at London by Richard Biſhop, 1641. and Ordered to be publiſhed in print, at a Committee appointed by the Honourable 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 NATVRAL FRAME AND CONSTITVTION OF THE POLICY OF THIS KINGDOME, which is Jus Publicum Regni, AND SO SUBVERTETH THE FUNDAMENTAL LAW OF THE REALM, and introduceth a p. 18new 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,Nota. that any King practiſed the contrary; therefore IT IS THE ORIGINAL RIGHT OF THE KINGDOM, AND THE VERY NATVRAL CONSTITVTION 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 lay monthly Taxes, Excizes, Cuſtoms, and New-Impoſt on us daily out of Parliament, and that for many months and years yet to come, againſt the Letter of their own Inſtrument and Oath too? HE ALTERETH THE LAW OF ENGLAND IN ONE OF THESE TWO MAIN FUNDAMENTAL POINTS; He muſt either take the Subjects Goods from them, without aſſent of the Party, which is againſt the Law, or elſe he muſt give his own Letters Patents the force of a Law, to alter the property of the Subjects Goods, which is alſo against the Law.

In this and ſundry other Arguments, (touching the Right of Impoſitions) in the Commons Houſe of Parliament by the Members of it, arguing againſt them, it was frequently averred, and at laſt voted and reſolved by the Houſe, 7. Jacobi, That ſuch Impoſitions without conſent in Parliament, were AGAINST THE ORIGINAL FUNDAMENTAL LAWS AND PROPERTY OF THE SUBJECT, and Original Right, Frame, and Conſtitution of the Kingdom; as the Notes and Journals of that Parliament evidence: An expreſs Parliamentary reſolution in point, for what I here aſſert.

6The ſixth is, A Conference deſired by the Lords, and had by a Committee of both Houſes, concerning the Rights & Privileges of the Subjects 3. Aprilis, 4. Caroli, 1628. entred in the Parliament Journal of 4. Caroli, and ſince printed at London, 1642. In the Introduction to which Conference, Sir Dudley Diggs, by the Commons Houſe Order, uſed theſe expreſſions: My good Lords, whilſt we the Commons, out of our good affections, were ſeeking for money, we found, I cannot ſay a Book of the Law, but many A FUNDAMENTAL POINT THEREOF NEGLEGTED AND BROKEN, which hath occaſioned our deſire p. 19of this Conference: Wherein I am firſt commanded to ſhew unto your Lordſhips in general, That the Laws of England are grounded on Reaſon more antient then 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 NOLUMUS MUTARI; and ſo ancient, that from the Saxons daies, 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 FUNDAMENTAL POINT OF THIS SO ANCIENT COMMON LAW OF ENGLAND, THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS, which doth preſerve as ſacred that Meum and Tuum, that is the Nurſe of Induſtry, and the Mother of Courage, and without which there can be no Juſtice, of which Meum and Tuum is the proper object. But the UNDOUBTED RIGHT OF FREE SUBJECTS, hath lately not a little been invaded and prejudiced by Preſſures, the more grievous, becauſe they have been purſued by impriſonment, contrary to the Franchiſes of this Land, &c. which the Commons Houſe proved by many Statutes and Records in all Ages, in that Conference, to the full ſatisfaction of the Lords Houſe; ſince publiſhed in print.

The ſeventh is, The Vote of the aaSee Canterburies Doom, p. 19. Diurnal-Occurrences, p. 13.whole Houſe of 7Commons, 16. December, 1640. Nullo contradicente, entred in their Journal, and printed in Diurnal Occurrences, p. 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 contained divers things tending to Faction and Sedition.

The eighth Authority is,bbExact Collection, &c. p. 112, 113. The Votes of both 8Houſes of Parliament, concerning the ſecurity of the Kingdom 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 p. 20upon the Queſtion, nemine contradicente, That in caſe of extream danger, and of his Majeſties refuſal, the Ordinance agreed on by both Houſes for the Militia, doth oblige the people,See Chap. 2. P…opoſition 3. 7. and ought to be obeyed, by THE FUNDAMENTAL LAWS OF THIS KINGDOM. A very vain, falſe, abſurd, and deluſory Vote, if there be no ſuch Laws, as ſome now affirm.

9The ninth punctual Authority is, aaExact Collection, p. 850. 854, 887, 888.A ſecond Declaration of the Lords and Commons aſſembled in Parliament, concerning the Commiſſion of Array; printed by their ſpecial Order of 12 Januarii, 1642. wherein are theſe obſervable paſſages. The main drift of the Anſwer is to maintain, That the King by the Common Law may grant ſuch a Commiſſion of Array as this is, upon this ground, becauſe it's for the defence of the Kingdome: And, that the power which he hath to grant it by the Common Law, is not taken away by the Petition of Right, or any former Statute, but the King, notwithſtanding any of them, may charge the Subjects, 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 Majeſtie ſhall impoſe upon his Subjects, upon pretence of Defence of the Kingdom: for there is the ſame reaſon of Law for any other Charge that is pretended for Defence, as for this. If his Majeſtie 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 Bulworks, and after to maintain them with Gariſons, Arms, and Victuals, at their own charges: And by the ſame reaſon he may compel his ſubjects to finde Ships, and furniſh them with Men, Ammunition, and Victuals, and to finde Souldiers pay, Coat and Conduct-Money; provide Victuals for Souldiers, and all other things NECESSARY FOR AN**Do not the Army-Officers now enforce them to all this without a Parliament? ARMY; theſe things being as neceſſary for Defence, as any thing that can be p. 21done in execution of this Commiſſion. And for that expoſition of the Petition of Right, and other Statutes therein noted, (if it ſhould hold) doth it not overthrow, as well the Petition it ſelf, as all other Lawes that have been made for the Subjects benefit against Taxes and other Charges, either in this or any other Parliament?

Theſe Poſitions thus laid down and maintained, DO SHAKE THE FUNDAMENTAL LAWS OF THE KINGDOM, (THE ANCIENT BIRTH-RIGHT OF EVERY SUBJECT) both for THE PROPERTY OF HIS GOODS, AND LIBERTY OF HIS PERSON: Nay, they ſtrike at the root of Parliaments: What need his **Theſe Expoſtulations reach to thoſe at White-Hall now, who preſume to impoſe Taxes, Cuſtoms, Exciſes, and make binding Laws, which no Kings there ever did in like nature, nor their Counſels in any Age.Majeſty call Parliaments to provide for Defence of the Realm, when himſelf may compel his Subjects to defend it without Parliaments? If theſe grounds ſhould hold, what need the Subjects grant Subſidies in Parliament for Defence of the kingdom in time of real danger, if the king for defence at any times, when he ſhall only conceive or pretend danger, may impoſe Charges upon his Subjects without their conſent in Parliament?

Upon that which hath been ſaid in this and our former Declaration, we doubt not but all indifferent men will be ſatiſfied, that this Commiſſion of Array is full of danger and inconvenience to the Subjects of England, AND AGAINST THE FUNDAMENTAL LAWS OF THE LAND, both for PROPERTY OF GOODS, AND LIBERTY OF PERSON, &c. 2. As it is against THE FUNDAMENTAL LAWS OF THE REALM, ſo no Statute makes it good, &c. And the Lords and Commons do upon the whole matter here conclude, that they are very much aggrieved, that after ſo many Declarations and ſolemn Proteſtations made by his Majeſty to rule by the known Laws of this Land, his Majeſty by advice of his ill-Councellors ſhould be perſwaded to ſet ſuch a Commiſſion on foot, which is ſo clearly contrary TO THE FUNDAMENTAL LAWS OF THIS LAND, the Right of Property, and Liberty of the Subject, contrary to form…r Reſolutions of Parliament, and to the Petition of Right.

p. 22I am certain the generality of the Nation are now as much and more aggrieved, that ſome who were Parties to this Declaration, and others who have made as many or more Declarations and Proteſtations as his Majeſty ever did, to rule by the known Laws of the Land, ſhould ſince this, far exceed his Majeſty in the like, or more exorbitances in the Militia, Exciſes, Taxes, Impoſitions, Impriſonments, arbitrary extravagant proceedings, and capital executions in new-erected Courts of Injuſtice, as diametrically contrary as the Kings Commiſſions of Array, to the Fundamental Laws of the Land (four times together ſo ſtiled and 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, Solemn Leagues and Covenants in Parliament, to their own eternal Infamy, as well as the peoples intolerable oppreſſion and Slavery, who thereupon may juſtly conclude and proteſt againſt them, as both Houſes did in the cloſe of that Declaration againſt the Array, viz.**Exact Collection, p. 888. And the Lords and Commons do and ſhall adhere to their former Votes and Reſolutions, That all thoſe that are Actors in putting of this Commiſſion of Array in execution, ſhall be eſteemed diſturbers of the Peace of the Kingdome, and the Properties and Liberties of the Subject.

10The tenth evidence is, aaA Collection of all publick 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, 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 plainneſs as followeth; That this preſent Parliament convened according to the known and FUNDAMENTAL LAWS OF THE KINGDOM (the continuance whereof is eſtabliſhed by a Law conſented to by your 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, Proteſtation, Covenant, and an Act of Parliament for their continuance; who may do well to peruſe this Clauſe. See Chap. 2. Propoſition 6, 7. continuance of this Parliament is ſetled by a Law, (which, as all other Laws of your Kingdom, your Majeſty is ſworn to maintain, as we are ſworn to our Allegiance to your Majeſty, theſe Obligations being reciprocal) we muſt in duty, and accordingly are reſolved, with our lives and fortunes, to defend and preſerve the juſt Rights and full Power of this Parliament: To which the Earl of Eſſex (then General) by both Houſes direction, in his Letter to the Earl of Forth, Jan. 30. 1643. adds this Corollary, My Lord, the maintenance of the Parliament of England, and the Priviledges thereof, is that for which we are all reſolved to ſpend our bloud, as being THE FOUNDATION WHEREON ALL OUR LAWS and LIBERTIES ARE BUILT: Which both the Lords and Commons aſſembled in Parliament, in their Declaration of 23. Martii 1643. touching their proceedings upon his Majeſties Letter concerning a Treaty of Peace; (wherein this Earls former Letter is recited) thus ſecond: The Parliament of England is the only Baſis, the chief Support and Pillar of our Laws and Liberties, &c. And if notwithſtanding all theſe Obligations, the King ſhall **How much more then, if the Army, or Army-Officers ſhall do it, without queſtion or exemplary puniſhment again and again, and juſtifie it ſtill in print?at his pleaſure diſſolve this Parliament, the Kingdom is not only deprived of the preſent, but made uncapable of enjoying the benefit of any future Parliament or Laws, any longer then ſhall ſtand with the will and pleaſure of the King, and conſequently THE FUNDAMENTALS OF ALL OUR LAWS & GOVERNMENT ARE SUBVERTED. Let the Parliament-diſſolving officers, Army, and their Confederates ſeriouſly ponder this, with all who ſhall hereafter ſit in Parliament, conſider it in the firſt place.

The eleventh is, the aaA Collection, &c. p. 504.Ordinance of both Houſes of 11Parliament, 13. Junii 1644. for the Forces raiſed in the County of Salop, which begins thus: The Lords and Commons aſſembled in Parliament, taking into their ſerious conſiderations, the great oppreſſions under which the Inhabitants of the County of Salop, by reaſon of inſupportable Taxes, &c. and the preſent condition of the County, by reaſon of p. 24the great number of Iriſh Rebels that have invaded it, and joyned with Papiſts and other ill-affected perſons now in thoſe parts, doth threaten the extirpation of the Proteſtant Religion, and the ſubverſion of the FUNDAMENTAL LAWS and GOVERNMENT of the Kingdom. For prevention whereof, &c.

12The twelfth is, bbA 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 & FUNDAMENTAL GOVERNMENT OF THE KINGDOM, ſecuring the people againſt ALL ARBITRARY GOVERNMENT, &c. wherein they complain, that the Enemy being in deſpair to accompliſh his deſigns by War, do miſrepreſent our intentions in the uſe we intended to make of the great Succeſſes God hath given us, and the happie opportunity to ſettle Peace and truth in the three Kingdoms; to beget a belief that we now deſire to exceed or ſwerve from our first Aims and Principles in the Undertaking of this War, and to recede from the Solemn League and Covenant, and Treaties between the two Kingdoms; and that we would prolong theſe uncomfortable troubles, and bleeding Diſtractions, IN **And is not this now proved a real experimental Truth, in ſome of theſe Remonſtants, to their ſhame?ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION & FRAME OF THIS KINGDOM, to leave all Government in the Church looſe and unſetled, and our ſelves to exerciſe THE SAME ARBITRARY POWER OVER THE PERSONS & ESTATES OF THE SUBJECTS, which this preſent Parliament hath thought fit to aboliſh, by taking away the Star-Chamber, High Commiſſion and other Arbitrary Courts, and the exorbitant Power of the Councel Table: (all which we have ſeen ſince experimentally verified in every particular in the higheſt degree, notwithſtanding this Declaration, by ſome in late and preſent Power, notwithſtanding this Publication:) All which being ſeriouſly conſidered by us, &c. We do declare, THAT OUR TRUE & REAL INTENTIONS ARE, & OUR ENDEAVOR SHALL BE, to ſettle Religion in the purity thereof,**And can moſt of th…ſe Remonſtrants in late or preſent power, now ſay this in truth or reality? And muſt no… they be utterly aſhamed, confounded before God and men, when they conſider how they have diſſembled, prevaricated with God and men herein in each particular? TO MAINTAIN THE ANCIENT & FUNDAMENTAL GOVERNMENT OF THIS KINGDOM, TO PRESERVE THE RIGHTS & LIBERTIES p. 52OF 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 Kingdoms 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 this further enlargement upon the particulars.

And firſt, concerning Church-Government, &c. becauſe we cannot conſent to the granting of an Arbitrary and unlimited Power and Juriſdiction, to neer ten thouſand Judicatories to be erected within this Kingdom, and this demanded in ſuch a way, as is not conſiſtent with THE FUNDAMENTAL LAWS & GOVERNMENT OF THE SAME, &c. our full Reſolutions ſtill are, ſincerely, really and conſtantly to endeavour the Reformation of Religion, in the Kingdoms of ENGLAND & IRELAND, in Doctrine, Worſhip, Diſcipline, 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, and then Members of the Commons Houſe, ſay ſo now? or read this without bluſhing and ſelf-abhorrence?SO FAR FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOM BY KING, LORDS & COMMONS, That we have only deſired, that with the conſent of the King, ſuch Power may be ſetled in the TWO HOUSES, without which we can have no aſſurance, but that the like, or greater miſchiefs then thoſe which God …ath hitherto delivered us from, may break out again, and engage us in a ſecond and more deſtruct… ve War; whereby it plainly appears, OUR INTENTIONS ARE NOT TO CHANGE THE ANCIENT FRAME OF GOVERNMENT WITHIN THIS KINGDOM, but to obtain the end of the Primitive Inſtitution of all Government, THE SAFETY & WEAL OF THE PEOPLE; not judging it wiſe or ſafe, after ſo bitter experience of the bloudy Conſequences of a**Is not a ſuperintendent power in and over the Army, above and againſt the Parliament or People, far more dangerous and likely to introduce ſuch an Arbitrary Government in the Nation, if left in the General Officers, or their Councils power? pretended Power of the Militia in the King, to leave any colourable autho…ity 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 Committees of Indemnity, &c. interrupt it in the higheſt degree; and the miſnamed High Courts of Juſtice, and falſifie this whole clauſe? ordinary courſe of Juſtice, in the ſeveral Courts and Judicatories of this Kingdom, nor intermeddle in caſes of private intereſt otherwhere determinable, unleſs 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 KINGDOM.

Laſtly, Whereas both Nations have entred into a Solemn League and Covenant; we have, and EVER SHAL BE VERY CAREFUL DULY TO OBSERVE THE SAME: That as nothing hath been done, SO p. 26NOTHING 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 and Engagements herein in every particle in the higheſt Degree, we cannot but with greateſt grief of heart, and deteſtation remember, to the ſubverſion, …uine of our King, Lords, Commons, Kingdom, Parliaments, Fundamental 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 of, repent, and really, ſincerely, reform it now at laſt, and not ſtill add drunkenneſs to thirſt, leſt they bring them to temporal and eternal condemnation for it in Gods own due time, and engender endleſs Wars, Troubles, Taxes, Changes, Confuſions in our Kingdoms, as they have hitherto done.

By this full Jury of Parliamentary Authorities, to omit many others of like or aaSee the Humble Remonſtrance againſt the Illegal Tax of Ship-money, p. 1, 2, 3. The Caſe of Ship-money briefly Diſcuſſed, p. 2. &c. Englands Birth-right, and other Treatiſes.inferiour nature, and leſs moment, it is undeniable; That the People of England have both ancient Fundamental Rights, Liberties, Franchiſes, Laws, and a Fundamental Government; which like the Laws of the Medes and Perſians, neither may, or ought to be altered, violated, or innovated upon any pretence, but perpetually maintained, defended, with greatest care, vigilancy, reſolution; and he who ſhall ſtill deny or oppugne it, deſerves no refutation by further arguments, ſince it is a received Maxime in all Arts, Contra Principia negant…, non eſt diſputandum; but rather demerits a ſentence of Cond…nation, and publike Execution at Tyburn, as a common Enemy, Traytor to our Laws, Liberties, Nation; it being no leſs then … tranſcendent Crime, and High Treaſon by our Laws, for any perſon or perſons, ſecretly or openly, to attempt the … 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. 25In thebbWaſingham, S…ow, Holinſhed, Speed, Graſten, Baker, an: 5 R: 2: John Stows Survay of London, p. 89 to 103: Mr: St. Johns argument at Law, at Straffords attainder …. fifth year of King Richard the ſecond, the vulgar rabble of people and villains in Kent, Eſſex, Suſſex, Norfolk, Cambridgeſhire, and other Countreys, under the Conduct of Wat Tyler, Jack Straw and other Rebels, aſſembling together in great multitudes, reſolved by force and violence to abrogate the Law of villenage, with all other Lawes they diſliked, formerly ſetled; to burn all the Records, kill and beh…ad all: he Judges, Iuſtices, and men of Law of all ſorts, which they could get into their hands; to burn and deſtroy the Innes of Court, (as they did then the new Temple, where the Apprentices of the Law lodged, burning their Monuments and Records of Law there found) to alter the Tenures of Lands, to deviſe new Laws of their own, by which the Subjects ſhold be governed, to change the ancient Hereditary, Monarchicall Government of the Realm, and to elect petty elective Tyrannies and Kingdoms to themſelves in every Shire: (a project eagerly proſecuted by ſome Anarchical Anabaptiſts, Jeſuits, and Levellers very lately,) and though withall they intended to deſtroy the King to laſt, and all the Nobles too, when they had gotten ſufficient power, yet at firſt to cloak their intentions for the preſent, they took an Oath of all they met; Quod Regi & communibus fidelitatem ſervarent, that they ſhould keep allegeance and faith to the King and Commons; this their reſolution and attempt thus to alter and ſubvert the laws & government, upon full debate in the Parliament of 5. R. 2. n 30, 31. was declared to be High Treaſon, againſt the King and againſt the Law, for which divers of the chief Actors in this Treaſonable deſign were condemned and executed, as Traitors, in ſeveral places, and the reſt enforced to a publike ſubmiſsion, and then pardoned.

2. In the aaS…ow, Holl…nſhed, Speed Graſton, Baker in XI 31. R: 2: and 1: H: 4. S…atu…es at large, 11: and 21. R:2: & 1H: 4. St: Johns Speech concerning the … Judges, p▪ 8 to 37: and argument at Law, at Straffords attainder.Parliament XL. R. 2. (as appears by the Parliament Rolls and printed Statutes at large) three Privie Coun…cellors, the Archbiſhop of York, the Duke of Ireland, and Earl of Suffolk, the Biſhop of Exeter the Kings Confeſſor, five Knights, ſix Judges, (where of Sir Robert Triſilian, Chief Juſtice was one) Blake of the Kings Councel at Law, Vsk and others, were impeached and condemned of High Treaſon, ſome of them executed as Traytors, the reſt baniſhed, their Lands p. 26and goods ferfeited, and none to endeavour to procure their pardon, under pain of Felony, for endeavouring to overthrow a Commiſſion for the good of the Kingdome, and contrary to an Act of Parliament of force of arms and Opinions in Law delivered to the King, tending to ſubvert the Laws and Statutes of the Realm, overthrow the Power, Priviledges, and proceedings of Parliament, and betray (not all the houſe of Lords, but only) ſome of the Lords of Parliament, which Judgment being afterwards reverſed in the forced, and packed Parliament of 21. R. 2. was reconfirmed in the Parliament of 1 H. 4. c 3. 4, 5. and the Parliament of 21. R. 2. totally repealed, and adnulled for ever, and hath ſo continued.

3. In the aaMr. St. Iohn at Law againſt Straffords Attainder, p. 13: …, 17.Parliament of 17 R. 2. n, 20. and Paſ. 17. R. 2. B. R S. Rot 16. Sir Thomas Talbot was accuſed and ſound 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, X R. 2. and aſſembling people in a warlike manner in the County of Cheſter, for the effecting of it, in deſtruction of the Eſtates of the Realm; and OF THE LAWES OF THE KINGDOME.

4. In the 29. year of King Henry the ſixth, Jack Cade, under a pretence to REFORM, alter, and abrogate ſome Laws, Purveyances and extortions importable to the Commons (whereupon he was called JOHN AMEND ALL) drew a great multitude of Kentiſh people to Black Heath in a warlike manner to effect it: in the Parliament of 29. H. 6. c. 1. this was adjudged High Treaſon in him and his Complices; by act of Parliament: and the Parliament of 31. H. 6. c, 1. made this memorable Act againſt him, and his Imitators in ſucceeding ages; worth ſerious peruſual and conſideration by all who tread in his footſteps and over-act him in his Treaſons.

Whereas the moſt abominable Tyrant, horrible, odious, and erraut FALSE TRAITOR, Iohn Cade, calling himſelf ſometimes Mortimer, ſometime Captain of Kent, (which Name, Fame, acts and Feats, to be removed out of the ſpeeh and mind of every faithful Chriſtian man, perpetually,) faſly and p. 27trayterouſly purpoſing and imagining the pertual deſtruction of the KINGS PERSON and FINALL SUBVERSION OF THIS REALM, taking upon him**And have not others of … aſſumed to themſelve; more royal power … reſolved to be treaſon by 21. E. 3. …. ROYALL POWER, and gathering to him the Kings people in great number, BY FALSE, SVBTIL, IMAGINED LANGVAGE, and ſeditiouſly made a ſtirring Rebellion, and inſurrection, under Colour of Juſtice 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 promiſes with many other, which were more odious to remember, by advice and aſſent of the LORDS Spirituall and Temporall, and at THE REQVEST OF THE COMMONS, and by authority aforeſaid, hath ordained and eſtabliſhed, that the ſaid Iohn Cade ſhal be had named and declared a falſe Traytor to cur ſaid Soveraign Lord the King; and that all His Tyranny, Acts,Not…. Facts, falſe Opinions, ſhall be voyded, abated, adnulled, deſtroyed, and put out of remembrance 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, nor effect, but void in Law: and all the petitions **To wit. by C…de and his confederates for the alteration of the Laws, &c.delivered to the ſaid King in his laſt Parliament holden at Weſtminſter, the ſixth day of November, the 29, of his Reign, againſt his mind, 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 Couſcience, and againſt his royall eſtate and preheminence, and alſo diſhonourable, and unreaſonable.

5. In theaaSee Mr. S…. Iohns argument … 8 year of King Henry the 8. William Bell and Thomas Lacy, in the County or Kent conſpired with Thomas Cheyney (the Hermite of the Queen of Fairies) TO OVERTHROW THE LAWS AND CVSTOMS OF THE REALM: for effecting whereof, they with 200. more met together, and concluded upon a cauſe, or raiſing greater forces in Kent, and the adjacent ſhires, this was adiudged high treaſon, and ſome of them executed as traytors, Moreover itbbCooks 3 Inſtitutes, p. 9. 10. was reſolved by all the Judges of p. 28in the reign of Henry S. that an Inſurrection againſt the Statute of Labourers, or for the inhanſing of ſalaries and wages was Treaſon, a levying war againſt the King, Becauſe it was generally againſt the KINGS LAW, and the Offenders tooke upon them the REFORMATION thereof, which Subjects by gathering of power, ought not to do.

6. OnaaCooks 4 inſtitues, ch. 8. p. 89. … 96. December 1. in the 21. yeer of King Henry the 8. Sir Thomas Moor, Lord Chancellor of England, with 14. more, Lords of the Privy Councel, Iohn Fitz Iames, Chief Juſtice of England, and Sir Anthony Fitzherbert, one of the Judges of the Common Pleas, exhibited ſundry Articles of Impeachment to King Henry the 8. againſt Cardinall Wolſy, That he had by divers and many ſundry ways and faſhions committed High Treaſon, and notable grievous offences, miſuſing, altering and ſubverting the order of his Graces Laws, and otherwiſe; contrary to his high Honour, Prerogative, Crown, Eſtate and Dignity Royall, to the ineſtimable great hinderance, dimunition and decay of the univerſal Wealth of this his Graces Realm. The Articles are 43. in number: The 20, 21, 26, 30, 35, 47, 42, 43. contain, his illegal, arbitrary practices 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 moſt excellent Majeſty of your excellent goodneſs towards the Weal of this your Realm, and Subjects of the ſame, to ſee ſuch order and direction upon the ſaid Lord Cardinal, as may bee to terrible example of others, to beware to offend your Grace and your Lawes hereafter: And that he be ſo provided for, that he never have any power, juriſdiction or authority hereafter, to trouble, vex, or impoverish the Commonwealth 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 S…ow Antiquitates Ecclesia, brit. p. 378. & 379. and Goodwin in hi… life time. poyſoning himſelf prevented his Iudgment for theſe his practiſes.

7. ThebbMr. S Iohns argument againſt Stra…ford Statute of 1. Marie …. 12. Enacts, that if 12. or more ſhall endeavour by force to alter any of the laws or ſtatutes of the Kingdome: the offender ſhall from the time therein p. 29limited be adjudged ONELYONLY AS A FELON: whereas it was Treaſon before, but this act continuing but till the next Parliament, and then expiring, the offence remains Treaſon as before.

8. In theaaCook 3 inſt. c. 1, 9, 10 and M: St: Johns argument at Law, againſt Strafford p. 15, 16. 39. 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 Warre againſt the Queen, becauſe it was to throw down all incloſures throughout the Kingdome to which they could pretend no right, and that the end of it was to overthrow the Laws and Statutes for Incloſures. Whereupon BRADSHAW and BVRTON (two of the principall offenders) were condemned and executed at Aic…ſton 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 16…0. 1641 bbSee the Journals of both houſes, and act for his attainder, Mr. Pyms Declaration upon the whole matter of the Charge of High Treaſon againſt him, April the 12. 1641: M…. St: Johos argument at Law at his attainder, and Diurnal Occurrences.The whole Houſe of Commons impeached Thomas Earle of Stafford, Lord Deputy of Ireland of high Treaſon, amongſt other Articles, for this crime eſpecially (wherein all the other centred,) that he Treaſonably endeavoured by his Words, actions and Counſels, to ſubvert the Fundamentall Lawes of ENGLAND, and IRELAND, and introduce an arbitrary and Tyrannicall Government. This the whole parliament declared and adjudged to be High treaſon,ccSee the Commons and Lords Journals, his printed impeachment: Mr: Pyms Speech thereat. Canterburies D…m, p: 25, 26▪ 27, 38, 40▪ in and by their votes, and a ſpeciall act of parliament for his attainder; for which he was condemned and ſoon after executed on Tower Hill as a traytor to the King and Kingdome, May 2… 1641.

10. The whole Houſe of Common… the ſame Parliament impeached `William L…d archbiſhop of Canterbury, of HIGH TREASON, in theſe … 1646.

Firſt, that he hath traytorouſly endeavoured … p. 30Fundamental Lawes and Government of this Kingdome of England, and inſtead thereof to introduce an Arbitrary and Tyrannical Government againſt Law: And hee to that end hath wickedly and Traiterouſly adviſed his Majeſty,See chap. 2. Propoſition 1. that hee might at his own will and pleaſure, levy and take Money of his Subjects without their conſent in parliament, and this hee affirmed was warrantable by the Law of God.

Secondly, He hath for the better accompliſhment of that his Trayterous deſign, adviſed and procured Sermons and other Diſcourſes, to be preached, printed and publiſhed, in which the authority of parliaments, and the force of the Laws of this Kingdome have been denyed, and abſolute and unlimited 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 ways 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 LAWES 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 Trayterouſly endeavoured to corrupt the other Courts of Juſtice, by adviſing and procuring his Maieſty to ſell places of Judicature, and other offices, contrary to the Laws and Cuſtomes in that behalf.

Fifthly, He hath Trayterouſly cauſed a Book of Canons to be compiled and publiſhed, without any Lawfull warrant and authority in that behalf; in which pretended Canons many matters are contained, contrary to the Kings prerogitive, to the Fundamentall Laws and ſtatutes of this Realm, to the Rights of Parliament, to the property, and Liberty of the ſubject, and matters p. 31tending to ſedition and of dangerous conſequence; and to the eſtabliſhing of a vaſt, unlawful, preſumptuous power in himſelf and his ſucceſſors, &c.

Seventhly, That he hath trayterouſly endeavoured to alter & ſubvert Gods true Religion BY LAW EST ABLISHED, and inſtead thereof to ſet up Popiſh Religion and Idolatry, And to that end hath declared, and maintained in Speeches and printed Books, divers popiſh doctrines, and opinions, contrary to the Articles of Religion, ESTABLISHED BY LAW. Hee 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 puniſhments, and impriſonments, and moſt unjuſtly vexed others, who refuſed to conform thereunto by Eccleſiaſtical Cenſures, Excommunication, Suſpenſion, Deprivation, and Degradation, contrary to the Laws of this Kingdome.

13. He did by his own authority and power, contrary to Law, procure ſundry of his Majeſties Subjects, and enforced the Clergy of this Kingdome to contribute towards the maintenance of the war againſt the Scots.

That to preſerve himſelfe from being queſtioned for theſe and other his Trayterous Courſes, hee hath laboured to Subvert the Rights of Parliament, and the ancient Courſe of parliamentary proceedings, and by falſe and malicious ſlanders to incenſe His Majeſty againſt Parliaments.

All which being proved againſt him at his Tryall, were after ſolemn Argument by Mr. Samuel Brown in behalf of the Commons Houſe proved, and ſoon after adjudged, to be High Treaſon at the Common Law, by both Houſes of Parliament; and ſo declared in the Ordinance for his Attainder: for which he was condemned and beheaded as a Traytor againſt the King, Law, and Kingdom, on Tower-hil, January 10. 1644.

11. In theaaSee the Commons and Lords Iournals, Diurnal Occurrences, p. 15. 16. 19. 37▪ 191. to 264. and M. S. Johns Speech at a conference of both Houſes of Parliament concerning ſhipmoney and theſe Judges. Together with the Speeches of M… Hide Mr. Walker, Mr, Pierpoint, Mr. Denzil Hollis, at their impeachments, July 16. 1641. aggravating their offences in Diurnal Occurrences and Speeches. ſame Parliament, December 21. Ian. 14: February 11. 1640. and Iuly 6. 1641. Sir John Finch, then p. 32Lord Keeper, chief Juſtice Bramſton, Judge Berkley, Judge… Crawley, Chiefe Baron Davenport, Baron Weſton, and Baron Turnour, were accuſed and impeached by the Houſe o… Commons, by ſeveral articles tranſmitted to the Lords of High Treaſon, for that they had Traitorouſly and wickedly endeavoured to ſubvert the Fundamentall Laws and eſtabliſhed Government of the Realm of England▪ and inſtead thereof to introduce an arbitrary and Tyrannicall Government againſt Law; which they had declared by traiterous and wicked words, opinions judgment, and more eſpecially in this their extrajudical opinion ſubcribed by them in the caſe of ſhip-money, viz. We are of opinions that when the good and ſafety of the kingdome in general is concerned, and the whole kingdome in danger; your majeſty may by wr… 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,See ch. 2. Propoſition 1. with men victual and ammunition, and for ſuch time as your Majeſty ſhall think fit, for the defence and ſafeguard of the kingdome, from ſuch danger and peril: and we are of opinion, that in ſuch caſe, your Majeſty is the ſole Judge both of the danger and when, and how, the ſame is to be prevented and avoided; and likewiſe for arguing and giving judgment accordingly in Maſter Iohn Hampdens caſe, in the Exchequer Chamber, in the point of ſhip money in April 1638. which ſaid opinions are Deſtructive to the Fundamentall Laws of the Realm, the ſubjects right of propriety; and contrary to former Reſolutions in parliament, and the petition of right; as the words of their ſeveral Impeachments run. Sir John Finch fled the Realm to preſerve his head on his ſhoulders ſome others of them died through fear, to prevent the danger ſoon after their Impeachments and the reſt put to Fines, who were leſs peccant.

12. Mr. Iohn Pim, in his Declaration upon the whole matter of the Charge of High Treaſon againſt Thomas Earle of Stafford, April 12. 1641. before a Committee of both Houſes of Parliament in Weſtminſter hall; printed and publiſhed by order of the houſe of Commons, proves his endeavour p. 33to ſubvert the fundamentall Law of England, and to introduce an Arbitrary Power; to be High Treaſon, and an offence very hanious in the nature, and miſchievous in the effects thereof; which (ſaith he) will beſt appear, if it be examined by that univerſall and ſupream Law, Salus Populi: the element of all lawes, out of which they are derived: the end of all Lawes, to which they are deſigned, and in which they are perfected.

1. It is an offence comprehending other all offences. Here you ſhall finde ſeverall Treaſons, Murthers, Rapins, Oppreſſions, Perjuries. There is in this Crime, a Seminary of all evills, hurtfull to a State; and if you conſider the Reaſons of it, it muſt needs be ſo. The Law, is that which puts a difference betwixt Good and Evill: betwixt juſt and unjuſt.…. If you take away the Law, all things wiill fall into Confuſion; every man will become a law to himſelf,H…d are they not ſo now… ▪ which in the depraved condition of humane nature muſt needs produce many great enormities. * Luſt will become a Law,Nota. and Envy will become a Law, Covetouſneſſe and Ambition will become Lawes; and what Dictates, what deciſions ſuch Lawes will produce, may eaſily be diſcemed 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 kinds of miſchiefes and diſtempers will break it upon a State. It is the Law that doth the King to the alegiance and Service of his people: it intitles the people to the Portection and Juſtice of the King, &c. The Law is the Bondary, the meaſure betwixt the Kings prerogative, and the peoples liberty, whiles theſe move in their own Orb, they are a ſupport and ſecurity to one another: but if theſe Bounds be ſo removed that they enter into conteſtation and conflict, one of theſe miſchiefs muſt needs enſue. If the Prerogative of the King overwhelme the liberty of the people, it will be turned into Tyranny: If liberty undermine the peprogative it will turne into Anarchy. The Law is the ſafegard, the cuſtody of all private intereſts, your honours, your lives, your liberties, and eſtates are all in the keeping of the Law, without this every p. 34man hath a like Right to any thing: and this is the condition into which the Iriſh were brought by the Earle of Strafford, (and the Engliſh by others who condemned him.) And the reaſon which he gave for it, hath more miſchiefe than the thing it ſelfe: THEY ARE A CONQUERED NATION (Let thoſe who now ſay the ſame of England, as well as Scotland, and Ireland, conſider and obſerve what follows,) There cannot be a word more pregnant and fruitfull IN TREASON, then that word is, There are few Nations in the world, that have not been conquered, and no doubt but the Conquerour may give what Laws he pleaſe, to thoſe that are conquered. But if the ſucceeding Acts and agreements do not limit & 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 then Ireland. If the King by the Right of a Conquerour give Lawes to his people, ſhall not the people by the ſame reaſon be reſtored to the Right of the conquered, To recover their Liberty if they can? What can be more hurtfull, more pernicious than ſuch Propoſitions as theſe?

2. It is dangerous to the Kings Perſon: and dangrous to his Crown: It is apt to cheriſh Ambition, uſurpation and Oppreſſion in great men: and to beget Sedition, Diſcontent in the people, and both theſe have been, and in reaſon muſt ever be cauſes of great Trouble and Alterations to Prince and State. If the Hiſtories of thoſe Eaſterne Countries be peruſed, where Princes order their Affaires according to the miſchievous Principles of the Earle of Straffords LOOSE and ABSOLVED FROM ALL RULES OF GOVERNMENT; they will be found to be frequent in combuſtions, full of Maſſacres, and of the tragicall end of Princes. If any man ſhall look into our own Stories in the times,Nota. when the Laws were moſt neglected, he ſhall finde them full of Commotions, of Civil Diſtempers: whereby the Kings that then raigned were alwayes kept in want and diſtreſſe, the people conſumed with p. 35CIVILL WARRES; and by ſuch wicked Counſels as theſe, ſome of our Princes have been brought to ſuch miſerable ends, As **Note this all whole Commons-houſe Opinion then.no honeſt heart can remember without horror and earneſt Prayer, that it may never be ſo again.

3. As it is dangerous to the Kings perſon and Crown, ſo it is in other reſpects very prejudiciall to His Majeſty, in honour, profit and greatneſſe (which he there proves at large, as you may there read at leaſure) and yet theſe are the Guildings and Paintings, that are put upon ſuch Counſells: 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 warres, but doth corrupt Peace, and powres 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 beene under the fury and rage of Warre. And as for Induſtry and Valour, who will take paines 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 Coine; though but a piece of twelve pence or ſix pence, and muſt it not needs be the effect of GREATER TREASON to **And were they ever ſo baſe, cowardly, ſlaviſh as now?embaſe the Spirits of his Subjects, and to ſet a ſtamp and Character of Servitude upon them, whereby they ſhall be diſabled to do any thing for the Service of the King or Common wealth?

5. 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 Warre threatens a Kingdome, by the comming of a forreign enemy, it is no p. 36time then to diſcontent the people, to make them weary of the PRESENT GOVERNMENT, and more inclinable to a change. The Supplies which are to come in this way, will be unready, uncertain; there can be no aſſurance of them, no dependence upon them, either for time or proportion. And if ſome money be gotten in ſuch a way, the Diſtractions, the Diviſions, Diſtempers, which this cauſe is apt to produce, will be more prejudiciall to the publick ſafty, than the Supply can be advantageous to it.

6. This crime is contrary to the Pact and Covenant between the King and his people, by mutall 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? …imit and reſtraeine the exceſſive power and violence of great Men: to open paſſages of Juſtice with indifference 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 ſuppreſs…d: but where Laws are ſubverted, and arbitrary and unlimited power ſet up; a way is open not onelyonly for the ſecurity, but for the Advancement and Incouragement of evill. Such men as are **Is it not moſt true of late and ſtill?aptest for the execution and maintenance of this power are onelyonly capable of Preferment, and others, will not be Inſtruments of any unjuſt commands, who make conſcience to doe any thing againſt the Law of the Kingdome,Nota. and Libbeties of the Subject, are not only not paſſable for imployment; but SUBJECT TO MUCH JEALOUSY and DANGER, (Is not this their condition of late and preſent times? expertus quor.)

4. That all Accidents and events, all Counſels, and Deſigns, ſhould be improved to the publick 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 Subverſions of the Lawes, violation of liberties can never be good or juſtifiable by any circumſtance or p. 37occaſion, being evil in their own nature, how ſpecious or good ſo ever they be pretended. He alledgeth it was a time of GREAT NECESSITY and DANGER, Nota.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 Counſel 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, perpetuall Treaſon, which would have been in continuall Act, not determined within one Time or Age, but tranſmitted to Poſterity, even from Generation to Generation. And are not others Treaſons of late times ſuch, proclaimed ſuch, in and by their owne Printed Papers, and therein exceeding Straffords?

10. As it is a crime Odious in the nature of it, ſo it is odious in the Judgement and Eſtimation of the Law. TO ALTER THE SETTLED FRAME AND CONSTITUTION OF GOVERNMENT IN ANY STATE. (Let thoſe conſider it who are guilty of it in the Higheſt Degree, beyond Strafford, Canterbery, or the Shipmoney Judges in our own State) The Lawes whereby all parts of a Kingdom: are preſerved, ſhould be very vaine 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 farre inferiour place and eſtate.pay all theſe Forfeitures, will ſtill be a Debtor to the Common wealth. Nothing can be more equall, then that he ſhould periſh by the Juſtice of the Law, which he would have ſubverted. Neither will this be a New way of blo…d. There are marks enough to trace this Law to the very Originall p. 38of this Kingdome. And if it hath not been put in execution, as he alledgeth this 240 yeares; 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 then 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, becauſe 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 trayterouſly endeavored to ſubvert the Fundamentall Lawes, Liberties of England and Ireland, and to introduce an arbitrary and Tyrannical Government againſt Law, as much as ever Strafford did, and out ſtripped him therein, (ever ſince his execution) in all particulars, for which he was beheaded; would now ſeriouſly lay to heart, and ſpeedily reform, leſt they equall or exceed him concluſion, in Capitall puniſhments for the ſame, or endleſſe Helliſh Torments.

The next Authority I ſhall produce in point is, The ſpeech and declaration of Mr. Oliver St. John at a Conference of both Houſes of Parliament, concerning Ship-mony upon Judge Finches Impeachment of High Treaſon, January 14. 1640. printed by the Commons Orders, London, 1641. wherein he declares the ſenſe of the Commons. p. 12. &c.

That by the Judges Opinions (forecited) concerning Ship-mony THE FUNDAMENTAL LAWS OF THE REALM CONCERNING OUR PROPERTY and OUR PERSONS ARE SHAKEN. Whoſe Treaſonable Offence herein, he thus aggravates. p. 20. &c. The Judges, as is declared in the Parliament of 11 R. 2. are the Executors of the Statutes, and of the Judgements and Ordinances of Parliament. They have here made themſelves the**Have none done ſo ſince them? EXECVTIONERS OF THEM: they have endevoured THE DESTRVCTION OF THE FVND AMENTALS OF OVR LAWS and LIBERTIES. Holland in the Low-Countries lies under the Sea: the Superficies of the Land, is lower than p. 36the Superficies of the Sea. It is Capitall therefore for any man to cut the Banks, becauſe they defend the Country. Beſides our own,See chap. 2. Propoſition 1. even Forreign Authors, as Comines obſerves, That the Statute DE TALLAGIO, and the other old Laws are the Sea walls and Banks, which keep the Commons from the inundation of the Prerogative. Theſe**Have not others Pioners and Jaſſes done the like? Pioners have not onelyonly undermined theſe Banks, but they have levelled them even with the ground. If one that was known to be Hoſtis Patriae, had done this, thought the Dammage be the ſame, yet the Guilt is leſſe; but the Conſervatores Riparum, the overſeers inſtructed 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 publick Perſon, in things of great and publick concernement, becauſe**This is now grown a mere Paradox. GREAT TRUST BINDS THE PARTY TRUSTED TO GREATEST CARE AND FIDELITY.

It is TREASON in the Conſtable of Dover-Caſtle to deliver the Keys to the known enemies of the Kingdome, becauſe the Caſtle is the Key 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 publick 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, if primarily from his Majeſty, and**See 27. H. 8. c. 24. 26. Magna Charta. c. 12. 26. 32. H. 3. c. 1. 3, 5. 9, 20▪ 3▪ E. 1. c. 44. 45, 46. 13▪ E. 1. 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. in him delegated to the Judges. His Majeſty at his Coronation is bound by his Oath TO EXECUTE JUSTICE TO HIS PEOPLE ACCORDING TO THE LAWS, thereby to aſſure the people of the faithfull performance of his Great Truſt: His Majeſty again, as he truſts of 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 do wittingly againſt the Law, p. 40they do not onelyonly break their own oaths, and therein the Common Faith and truſt of the whole Ki…dome, but do as much as in them lies, ſperſe and blemiſh the ſacred Perſon of his Majeſty with the odious and hateful fin 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 formour 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 Cooks 3. Inſtit. p. 146, 147, and f.. 133 Holliſhed p. 284. 215. Speeds Hyſtory p. 651. Stow Walſingham, Daniel in 18. Ed. 1. Sir Thomas Wayland, Chief Juſtice of the Common-pleas, 17 E. 1. was attainted of Felony for taking bribes, and his Lands and goods forefeited, as appears in the Pleas of Parlament, 18 E. 1. and he was baniſhed the Kingdome, as unworthy to live in the State againſt which he had ſo much offended. **See Cooks 3. Inſtit. p. 145.Sir William Thorp 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 Judgement is entered in the Roll in theſe words. Quia praedictus Wilielmus **Have none of thi, Name, or of his functian ſince done the like in an higher degree?Throp qui Sacramentum Domini Regis erga populum ſuum habuit ad cuſtodiendum, fugit malitiosè falſò & rebeliter, quantum in ipſo ſuit, There is a notiable 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 predictum Sacramentum fecerunt, & fregerunt, & **Let Cuſtodes Legum & Libertatum Angliae remember it.habent Leges Angliae ad cuſtodiendum: That is onelyonly to the Judges Oaths, who have the Laws intruſted unto them. This Judgement 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, is was declared, TO BE JUST AND ACCORDING TO THE LAW: and that the **Let the Repater and others conſidr… it.ſame Judgement may be given in time to come upon the like occaſion. This caſe is in point, That it is death for any Judge wittingly, to break his oath in any part of it. This oath of Thorp is entred in p. 41the Roll, and is the ſame verbatim with the Judges Oath in 18 E. 3. and is the ſame which the Judges now take. (And let thoſe who have taken the ſame Oath, remember and apply this Preſident, leſt others do it for them.)

Your Lordſhips will give me leave to obſerve the differences between that and the caſe in queſtion.

1. That of Thorp, was only a ſelling of the Law by Retail to thoſe 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 wholeſale, and that not to, but from the Subject.

2. In that of Thorp, as to thoſe five perſons, it was not an abſolute den…all of Juſtice, it was not a damming up, but a ſtraightning only of the Chanel. For whereas the Judges ought Judicium reddere, that is, the Laws being THE BIRTHRIGHT and INHERITANCE OF THE SVBJECT, 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 only of perverting Juſtice; for the party that buyes the Judgement, may have a good and honeſt cauſe. But theſe Opinions, beſides that they have coſt the Subjects very dear, dearer then any, nay, I think I may truly ſay, then all the unjuſt Judgements 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 in compariſon to the late Taxes or Exciſes impoſed on the Subjects, without a Parliament amounting to above 20 times as much as the Kings Shipmo…y, and more frequent, unceſſa…, and endleſs then it. ſeven hundred thouſand pounds and upwards, that have been paid unto the Treaſurer of the Navy, (in ſundry years) beſides what the Subjects have been forced to pay Sheriffes, Sheriffes-Bayliffes, (and now an hundred times more to Troopers, and Souldiers, who forcibly levy their unlawfull Contributions, and Exciſes) and otherwiſe; which altogether as is conceived, amounts not to leſſe then a million (in five years ſpace, whereas now 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, p. 42attendance at the Councel Table, taking them from their neceſſary imployments, in making Seſſes, and Collections, and impriſonment of their perſons (all now trebled to what then) I ſay beſides what is paſt, to make our miſeries compleat, they have as much as in them is MADE THEM ENDLESSE (as others ſince have done) for by theſe Opinions they have put vponupon 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, intituled, The Government of the Common-wealth of England, &c. Artic. 1, 2, 3, 9, 10, 12, 22, 24, 25, 26, 27, 28, 31, 32, 36, 37, 38, 39. have done, as far as they, and much beyond them.)

In that ſore famine in the Land of Egypt, when the inhabitants were reduced to the next door to death (for there they ſay, why ſhould we die?) for bread, Firſt they give their mony, next their flocks and Cattle, laſt of all their perſons and Lands for bread; all became Pharaohs; but by this Lex Regia, there is a tranſaction made, not only of our perſons, but of our bread likewiſe, wherewith our perſons ſhould be ſuſtained; that was for bread, this of our bread. For ſince theſe Opinions, if we have any thing at all, we are not at all beholding TO THE LAW FOR IT, but are wholly caſt UPON THE MERCY and GOODNESSE OF THE KING. Again, there the Egyptians themſelves, ſold themſelves, and all they had to the King, if ours had been ſo done; if it had been ſo done by our own free conſent in Parliament, we had the leſſe cauſe to complain: But it was done againſt our wills, and by thoſe who were truſted, and that upon Oath, with the preſervation of theſe things for us. The Lawes are our Forts, and Bulwarks of Defence: If the Captain of a Caſtle, only out of fear and Cowardize, and not from any Compliance with the enemy ſurrender it, This is TREASON, as was adjudged in Parliament, 1 R. 2. in the two Caſes of Comines and Weſton, and in the Caſe of the Lord Gray, for ſurrendring Barwick Caſtle p. 43to the Scots, in Edward the thirds time, though good defence had been made by him, and that he had loſt his eldeſt ſon in maintenance of the Siege: and yet the loſſe of a Caſtle Ioſeph not the Kingdome, only the place and adjacent parts, with trouble to the whole. But by the 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 & Tuum, between the King and people; beſides that which concerns our Perſons.

The Law is the Temple, the Sanctuary, whether Subjects out to run for ſhelter and Refuge: hereby it is become Templum ſine numine, 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 Dii Tutelares are gone. But this is not all the Caſe, that is, That the Law now ceaſeth to aide and defend us in our Rights, for then poſſeſſion alone were a good Title, if there were no Law to take it away: Occupanti concederetur, & melior eſſet Poſſidentis conditio: But this: though too bad is not the worſt: for beſides that which is Privitive in theſe Opinions, there is ſomewhat poſitive. For now the Law doth not only not defend us, but the Law it ſelf, (by temporiſing Judges and Lawyers) is made the Inſtrument of taking all away. For whenſoever his Majeſty or his Succeſſors, ſhall be pleaſed to ſay, that the good and ſafety of the Kingdome is concerned, and that the whole Kingdome is in danger, the when and how, the ſame is to be prevented, makes our perſons and all we have liable to bare will and Pleaſure. By this means, The Sanctuary is turned into a Shambles; the Forts are ſleighted, that ſo they might neither do us good nor hurt; But they are held againſt us by thoſe who ought to have held them for us, and the mouth of our own Canon is turned upon our own ſelves:

and that by our own military Officers, Souldiers, and others ſince, as well as the Ship money Judges then) Thus farre Mr. 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 p. 44the preſent times; wherein as in a Looking Glaſſe, ſome pretended Judges and Grandees, of theſe preſent and late paſt times, may behold their own faces and deformities; and the whole Nation their ſad condition under them. In the reſidue of that his printed Speech, he compares the Treaſon of the Ship-money Judges, and of Sir Robert Treſylium and his Complices in XI. R. 2. condemned and executed for Traytors by Judgement in Parliament, for endevouring to ſubvert the lawes and ſtatutes of the Realm by their illegall Opinions then delivered to King Richard at Nottingham Caſtle, not out of conſpiracy, but for fear of death and corporall Torments wherewith they were menaced: whoſe offence he there makes tranſcendent to theirs then in ſix particulars, as thoſe who pleaſe may there read at leiſure, being over large to tranſcribe, I could here inform you, that the Fundamentall lawes of our Nation, are the ſame in the Body politique of the Realm, as the Arteries, Nerves, Veins, are in, and to the naturall Body, the Bark to the tree; the Foundation to the Houſe: and therefore the cutting of them aſunder, or their Subverſion, muſt of neceſſity, kill, deſtroy, disjoyne and ruine the whole Realme at once: therefore it muſt be Treaſon in the higheſt degree. But I ſhall only ſubjoyn here ſome materiall paſſages, in his Argument at Law, concerning the Attainder of high Treaſon of Thomas Earl of Strafford, before a Committee of both Houſes of Parliament in Weſtminſter Hall, April 29. 1641. ſoon after printed and publiſhed by Order of the Commons Houſe: wherein p. 8. he laies down his Poſition; recited again, p. 64.

That (Straffords) Endeavouring to ſubvert the Fundamentall Lawes and Government of England and Ireland, and inſtead thereof to introduce a tyrannicall Government againſt Law, is Treaſon by the Common-Law. That Treaſons at the Common-Law, are not taken away by the Statutes, by 25. E. 3. 1. H. 4. c. 10. 1. Mar. c. 1. nor any of them.

The Authorities, Judgements in and out of Parliament which he cites to prove it, have been already mentioned, p. 45with 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 money Judges.

Pag. 12. It is a Warre againſt the King (Let our Military Officers and ſouldiers conſider it) when intended. The alteration of the Lawes or Government in any part of them. This is a levying Warre againſt the King (and ſo Treaſon within the Statute of 25▪ E▪ 3.)

1. Becauſe the King doth maintain and protect the Lawes in every part of them.

2. Becauſe they are the Kings lawes. 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.

Pag. 64. In this I ſhall not labour at all to prove, That the endevouring by words, Counſels and actions, To ſubvert the Fundamentall Lawes and Government of the Kingdome is Treaſon at the Common Law. If there be any Common Law Treaſons at all left, NOTHING TREASON IF THIS NOT, TO MAKE A KINGDOME NO KINGDOME. Take the Polity and Government away, England's 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.

Pag. 70, 71, 72. The horridneſſe of the offence in endeavouring to overthrow the Lawes and preſent Government, hath been fully opened before. The Parliament is the repreſentation of the whole Kingdome, wherein The King as Head, your Lordſhips as the more Noble, and the Commons, the other Members are knit together in one body Polititick. This diſſolved, the Arteries and Ligaments that hold the body together, THE LAWES. He that takes away the Lawes, takes not away the Allegiance of one Subject only, but p. 46of the whole Kingdome. It was made Treaſon by the Statute of 13. Eliz. for her time to affirm, That the Lawes of the Realme doe not binde the deſcent of the Crown. No Law, no deſcent at all, NO LAWES NO PEERAGE, no ranks nor degrees of men, the ſame condition to all. Its Treaſon to kill a Judge upon the Bench; this kils not Judicem ſed JVDICIVM. There be twelve men, but no Law; never a Judge amongſt them. Its felony to embezel any one of the Judiciall Records of the Kingdome: THIS AT ONCE SWEEPS THEM ALL AWAY and FROM ALL. Its Treaſon to counterfeit a twenty ſhilling piece: here's a counterfeiting of the Law: we can call neither the counterfeit nor the true coin 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 puniſh it.

My Lords, if the queſtion were asked in Weſtminſter Hall, whether this were a Crime puniſhable in 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 only againſt the life or goods of ſome one, or few perſons. It would I beleeve be anſwered by the Judges, as it was by the Chief Juſtice Thirning, 21 R. 2. That though he could not judge the Caſe TREASON there before him, yet if he were a Peer in Parliament; HE WOVLD SO ADJUDGE IT. (And ſo the Peers did herein Straffords, and not long after in Canterburies Caſe, who both loſt their heads on Tower Hill.

I have tranſcribed theſe paſſages of Mr. Oliver St. Iohn at large for five Reaſons.

1. Becauſe they were the voice and ſenſe of the whole Houſe of Commons by his mouth; who afterwards owned and ratified them by their ſpeciall 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 p. 47or indirectly, attempt the ſubverſion of all, or any of our Fundamentall Laws, or Liberties, or the alteration of our Fundamentall Government, or ſetting up any arbytrary or Tyranicall Power, Taxes, Impoſitions, or new kinds of arbitrary Judicatories, and impriſonments againſt theſe our Lawes and Liberties.

2. To mind and inform all ſuch who have not only 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 only the whole Parliament in generality, but many of themſelves in particular, ſo ſeverely proſecut, condemned, and inexorably puniſhed of late years in them: that ſo they may bewail, repent of, and reform them with all ſpeed and diligence, as much as in them lies. And withall, I ſhall exhort them ſeriouſly to conſider that Goſpel terrifying paſſage, 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 THOU THAT JUDGEST, DOEST THE SAME THINGS. But we are ſure that the judgement of God is according to truth againſt them which 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, expecially ſuch who of late times have taken upon them the ſtile and power of Judges, to examine their conſciences, actions, how far all or any of them have been guilty of theſe crimes and Treaſons, ſo highly agravated, and exemplarily puniſhed of former and latter times, in corrupt, cowardly time-ſerving, degenerate Lawyers and Judaſſes, rather then Judges, to the diſgrace of their Profeſſion, and prejudice of the Fundamentall Lawes, Liberties, Rights, Priviledges of our Nation, Peers, Parliaments, ſubverſion of the Fundamentall Government of this famous Kingdome, whereof they are Members.

p. 484. To inſtruct thoſe Jeſuited Anabaptiſts, Levellers and their Factors (eſpecially John Canne, and the reſt of the Compilers, Publiſhers, Abetters of the Pamphlet intituled, Lieutenam Colonel Lilburn, tryed and caſt, and other forementioned publications:) who pro…eſ…edly ſet themſelves by words, writing, Counſels and overt Acts to ſubvert both our old Fundamentall (and all other Laws) Liberties, Cuſtomes, Parliaments and Government, what tranſcendent Malefactors, Traytors and Enemies they are to the publick, and what Capitall puniſhments, they may thereby incurre, as well as demerit, ſhould they be legally proſecuted for the ſame; and thereupon to adviſe them timely to repent of, and deſiſt from ſuch high Treaſonable Attempts.

5. To clear both my ſelf and this my ſeaſonable Defence of our Fundamentall Lawes, Liberties, Government, from the leaſt ſuſpition or ſhadow of Faction, Sedition, Treaſon, and Enmity to the publick peace, weal, ſettlement of the Nation, which thoſe, (and thoſe only) who are moſt Factions and ſediditious, and the greateſt Enemies, Traytors to the publick tranquility, weal and eſtabliſhment of our Kingdome, (as the premiſes evidence) will be ready maliciouſly to aſperſe both me and it, with, as they have done ſome other of my writings of this nature; with all which, they muſt firſt brand Mr. St. John, Mr. Pym, the whole Houſe of Commons, the laſt two, with all other Parliaments forecited, ere they can accuſe, traduce, or cenſure me, who do but barely relate, apply their words and judgments without malice or partiality, for the whole Kingdomes benefit and ſecurity.

To theſe punctuall full Jury of Records and Parliamentary Authorities in point, I could accumulat Sir Edward Cook his 3. Inſtitutes, p. 9. printed and authoriſed by the Houſe of Commons ſpeciall Order, the laſt Parliament: The ſeverall Speeches of Mr. Hide, Mr. Walker, Mr. Pierpoint and Mr. Hollis; July 6. 1641. at the Lords Bar in Parliament, by order of the Commons Houſe, at the Impeachment of the Shipmony Judges of High Treaſon, p. 49printed in Diurnall Oc…urrences, and ſpeeches in Parliament, London 1641. p. 237. to 264. Mr. Samuel Browns Argument at Law before the Lords and Commons at Canterburies Attainder; all manifeſting, their endevouring to ſubvert the Fundamentall Laws and government of the Nation to be HIGH TREASON; with ſundry other printed Authorities to prove, That we have fundamental Laws, Liberties, Rights, and a fundamentall Government likewiſe, which ought not to be innovated, violated, or ſubverted upon any pretences whatſoever, by any power or prevailing Faction. But to avoid prolixity, (the double Jury of irrefragable and punctuall Authorities already produced, being ſufficient to ſatisfie the moſt obſtinate Oppoſites formerly contradicting it) I ſhall onelyonly adde three ſwaying Authorities more, wherewith I ſhall conclude this point.

The firſt is a very late one, in a Treatiſe intituled, A true State of the Common wealth of England, Scotland and Ireland, and the Dominions thereunto belonging, in Reference to the late eſtabliſhed Government, by a Lord Protector and a PARLIAMENT. It being the Judgement of DIVERS PERSONS, who throughout theſe late troubles, have approved themſelves faithfull to the Cauſe and intereſt of God, and their COUNTRY: preſented to the Publick, for the ſatisfaction of others. Printed at London 1654. who relating the miſcarriages of the laſt Aſſembly at Weſtminſter, uſe theſe expreſſions of them, p. 13, 14, 16, 17, 21, 22. But on the contrary, it ſo fell out in a ſhort time, that there appeared many in this Aſſembly of very contrary Principles to the intereſt aforeſaid, which led them violently on to attempt and promote many things, the conſequence whereof woul… have been: A Subverting of the fundamentall Laws of the Land, the Deſtruction of Property, and an utter extinguiſhment of the Goſpel. In truth their Principles led them TO A PULLING DOWN ALL AND ESTABLISHING NOTHING. So that inſtead of the expected ſettlement, they were running out into FURTHER ANARCHY and CONFUSION. As to the Laws and Civil Rights of the Nation, nothing would ſerve them, but A TOTALL ERADICATION OF p. 50THE OLD, and INTRODUCTION OF A NEW: and ſo the Good, Old Laws of England, (the Guardians of our Lives and Fortunes) eſtabliſhed with prudence, and confirmed by the experience of many Ages and Generations: (The Preſervation whereof, was a principall Ground of our late Quarrel with the King) having been once aboliſhed, what could we have expected afterward, but an inthroning of Arbitrary Power in the Seat of Judicature, and an expoſing of our Lives, our Eſtates, our Liberties, and all that is dear unto us, as a Sacrifice to the boundleſſe Appetite of M…er Will and Power, &c.

Things being at this Paſſe, and the Houſe (through theſe proceedings) perfectly disjointed, it was in vain to look for a ſettlement of this Nation from them, thus conſtituted: but on the contrary, nothing elſe could be expected, But that the Commonwealth ſhould ſink under their Hands, and the great cauſe hitherto ſo happily upheld and maintained, to be for ever loſt, through their prepoſterous management of theſe affairs, wherewith they had been intruſted. Whereupon they juſtifie their diſſolution, and turning them forcibly out of doores by the Souldiers, with ſhame and infamy; to prevent that deſtruction which thereby was coming on THE WHOLE LAND, but this New Powder Treaſon Plot, ſet on foot by the Jeſuites and Anabaptiſts, to deſtroy our Laws, Liberties, properties, Miniſters, and Religion it ſelf, at one blow, and that in the very Parliament Houſe, where they had been conſtantly defended, vindicated, preſerved, eſtabliſhed in all former ages by all true Engliſh Parliaments.

The ſecond is,aaSee my Speech in Parliament. p. 100. to 108. The Votes of the Houſe of Commons, concerning a Paper preſented to them, entituled An agreement of the people for a firm and preſent peace, upon grounds of Common Right 9. November, 1647. viz.

Reſolved upon the Queſtion, That the matters contained in theſe Papers, Are deſtructive to the being of Parliaments, and to the Fundamentall Government of this Kingdome,

Reſolved, &c. That a Letter be ſent to the Generall and thoſe Papers incloſed, together with the Vote of this Houſe upon them; And that he be deſired to examine the proceedings of p. 51this buſineſſe in the Army (where it was firſt coined) and return an Accompt hereof to this Houſe.

Theſe Votes were ſeconded ſoon after with theſe enſuing votes, entred in the Commons Journall, and printed by their ſpecial Order, 23. November, 1647.

A Petition directed to the Supream Authority of England, the Commons in Parliament aſſembled, The humble petition of many Free born people of England, &c. was read the firſt and ſecond time.

Reſolved upon the Queſtion, that this petition is, A ſedititious and contemptuous avowing and proſecution of a former petition and paper annexed, ſtiled, an agreement of the people formerly adjudged by this Houſe, to be Deſtructive to the being of Parliaments and Fundamentall Government of the Kingdome.

Reſolved, &c. That Thomas Prince Cheeſemonger, and Samuel Chidley, be forthwith committed priſoners to the Priſon of the Gatehouſe, there to remain priſoners during the pleaſure of this Houſe, for a Seditious avowing and proſecution of a former Petition, and Paper annexed, ſtiled, An Agreement of the people, formerly Ajudged by this Houſe to be deſtructive to the being of Parliaments and fundamentall Government of the Kingdome.

Reſolved &c. That Jeremy Jues, Thomas Taylor and William Larnar, be forthwith committed to the Priſon of Newgate, there to remain Priſoners, during the pleaſure of this Houſe, for a ſeditious and contemptuous avowing and proſecution of a former Petition and Paper annexed, ſtiled, An Agrement of the people, formerly adjudged by this Houſe, to be deſtructive to the being of Parliaments and Fundamentall Government of this Kingdome.

Reſolved, &c. That a Letter be prepared and ſent to the Generall; taking notice of his proceeding in the execution (according to the Rules of Warre) of a mutinous perſon (avowing and proſecuting this agreement in the Army contrary to theſe Votes) at the Rendezvouz near Ware; and to give him thanks for it: and to deſire him to proſecute that Buſineſſe the to bottome; and to bring p. 52Such guilty perſons as he ſhall think fit, to condigne and exemplary Puniſhment.

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

After which by a Speciall Ordinance of both Houſes of Parliament, 17 December, 1647. No perſon whatſoever, who had contrived, plotted, proſecuted or entred into that Engagement inti…uled The agreement of the people declared To be deſtructive to the being of Parliaments, and Fundamentall Government of the Kingdome, for one whole year, was to be elected, choſen or put into the office or Place of Lord Mayor or Alderman, Sheriffe, Deputy of a Ward, or Common Councel man of the City of London; or to have a voice in the Election of any ſuch Officer.

All theſe particulars, with the Capitall Proceedings againſt White and others who fomented this Agreement in the Army, abundantly evidence the veriey 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 the fundamentall Government, Laws and Liberty of our Nation, which I wiſh they would now ſadly lay to heart.

The third is the memorable Statutes of 3. Jacobi ch 1, 2, 4, and 5. Which relating the old Gunpowder Treaſon of the Jeſuites and Papiſts, and their infernal, inhumane, barbarous, deteſtable plot, to blow up the King, Queen, Prince, Lords, Commons, and whole Houſe of Peers with Gunpowder, when they 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 hainouſneſſe and tranſcendency thereof by this circumſtance, That it was (as ſome of the principall Conſpirators thereof confeſſed) purpoſely deviſed and concluded to be done in the ſaid Houſe, That where ſundry neceſſary and Religious Laws for Preſervation of p. 53the Church and State were made (which they falſely and ſtanderouſly term, 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 Commonwealth of this flouriſhing and renowned Kingdome and Gods true Religion therein eſtabliſhed by Law, and of our Laws and Government. For which horrid Treaſon, they were all attainted, and then executed as Traytors, and ſome of their Heads, Quarters, ſet up upon the Parliament Houſe for terrour of others. Even ſo let all other Traytors, Conſpirators againſt our Fundamental Laws, Liberties, Government, Kings, Parliaments, See Speeds History, p. 1250 and Mr. John Vica…'s Hiſtory of the Gunpowder Treaſon, and the Arraignment of Traytors.and Religion, treading preſumptuouſly in their Jeſuiticall footſteeps,**Judges 5. 3….Judg 5:3 periſh O Lord, but let them who cordilally love, and ſtrenuouſly maintain them againſt all Conſpirators, Traytors, Underminers, Invaders whatſoever, be as the Sun when he 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, Wars, Confuſions, by their reſtitution and eſtabliſhment.