Vindication of Old Fundamental Liberties 2, Remonstrance

Vindication of Old Fundamental Liberties 2 · Remonstrance

p. 12To the Kings most Excellent Majeſty.

Moſt gracious Soveraign,

WHereas we your Majeſties moſt humble Subjects, the Commons aſſembled in Parliament, See Prop. 1. & 6. in chap. 2.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: We your ſaid humble Subjects nothing doubting but that your Majeſtie had no intent by that command, to infringe THE ANCIENT AND FUNDAMENTAL RIGHTS OF THE LIBERTY OF PARLIAMENT, in point of exact diſcuſſing of all matters concerning them and their Poſſeſſions, Goods, and Rights whatſoever; which yet we cannot but conceive to be done in effect by this command, Do with all humble duty make this Remonſtrance to your Majestie.

First, We hold it an AN ANCIENT, GENERAL, and UNDOUBTED RIGHT OF PARLIAMENT, to debate p. 13freely all matters which do properly concern the Suject, and his Right or Eſtate: which freedom of debate being once fore-cloſed,Nota. THE ESSENCE OF THE LIBERTY OF PARLIAMENT IS WITHAL 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 book…, 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 withal 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 Commonwealth of England, Scotland, and Ireland, and the Dominions thereunto belonging; as it was publikely declared at Weſtminſter the 16 day of December, 1653. &c. do not as much, nay far more intrench upon the ancient, Fundamental, General, undoubted 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 Clergie in and by the Convocation, Anno 1640. ever did; and this Clauſe in their &c. Oath then made, (now imitated by others, who condemned it:) I A. B. do ſwear, that I will never give my conſent TO ALTER THE GOVERNMENT OF THIS CHURCH BY ARCH-BISHOPS, BISHOPS, DEANS, AND ARCH-DEACONS, &c. AS IT STANDS NOW ESTABLISHED, AND AS BY RIGHT IT OUGHT TO STAND:**See Cant. Doom, p. 19, 26. 40. Diurn. Occurrences, p. 13. Reſolved by the whole houſe of Commons, and Peers too, without one diſſenting voice, in Parliament, Decemb. 1640. to be a most p. 14dangerous and illegal Oath, contrary to THE RIGHTS and PRIVILEDGES OF PARLIAMENT, and to the FUNDAMENTAL LAWS & STATUTES OF THE REALM, &c. and OF DANGEROUS CONSEQUENCE. 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 things, 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 Policie 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, and 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 Princes, either occaſioned by War, or by their own bounty, or by any other Neceſſity, have without conſent of Parliament ſet on Impoſitions, either within the Land, …r 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 ſhall we now at last fail h…rein? NEVER FAILED TO OBTAIN A SPEEDY AND FULL REDRESS, without any††Howdare then any ſelf created powers, who are neither Kings nor Parliam…n…s now arrogate to themſelves, or exerciſe ſuch a ſuper-Regal arbitrary power & 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 FUNDAMENTAL 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.

We therefore your Majeſties moſt humble Commons aſſembled in Parliament,Nota. **And O that we would ſollow it now again!FOLLOWING THE EXAMPLE OF THIS WORTHY CARE OF OUR ANCESTORS, AND OUT OF OUR DUTY TO THOSE FOR WHOM WE SERVE, finding that your Majeſty, without advice of your Lords and Commons, hath lately (in times of Peace) SET BOTH GREATER IMPOSITIONS, AND FAR MORE IN NUMBER THEN ANY YOUR 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 WITHOUT ASSENT IN PARLIAMENT, MAY BE QUITE 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 BE SET UPON YOUR PEOPLE, THEIR GOODS OR MERCHANDIZES, SAVE ONLY BY COMMON CONSENT IN PARLIAMENT, ARE AND SHALL BE VOID; wherein your Majesty ſhall not only GIVE YOUR SUBJECTS GREAT SATISFACTION IN POINT OF THEIR RIGHT; but alſo bring exceeding joy and comfort to them who now ſuffer, partly through the abating of the price of Native Commodities, and partly through the raiſing of all Forraign, to the overt… row of Merchants, and Shipping, the cauſing of general dearth, and decay of all wealth among your people, who p. 16will be thereby 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 establiſhed 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 Acts of Parliament, when they have been violated in any kinde. 4. They declare the benefit accruing both to Prince and People, by the inviolable preſervation and eſtabliſhment of this old Fundamental Right, and the miſchiefs accruing to both by the 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 they ſerved) Petition his Majeſty, for a new Law and Declaration againſt all new Impoſitions and 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, Exciſes, 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 lawful Engliſh Parliaments, againſt all former Laws, Declarations, and Reſolutions in Parliament, p. 17to their great oppreſſion, enſlaving, undoing, and that in far greater proportions, multiplicity, and variety, then 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, 39, 30, 9. Articles of the Inſtrument entituled, The Government of the Commonwealth of England, &c. I remit to their moſt ſerious con…derations to determine, if 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 preſ…nt or future Uſurpers on their Fundamental Rights and Libe…ties, in an higher degree then ever in any precedent …ges, under the Greateſt Conquerors or Kings, after all their late, coſtly, bloudy Wars for their Defence againſt the Behe…ded 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 Judg of this Kingdom, printed at London by Richard Biſhop, 1641. and Ordered to be pub…iſhed in Print, at a Committee appointed by the Honourable Houſe of Commons, for examination and Licenſing of B…oks. 20. Maii, 1641. In which Parliamentary Argument, p. 8, 11, 16. I finde theſe direct Paſſages: That the New Im…oſitions contained in the Boo… of Rates, impoſed on Merchandizes, imported and exported by the K…ngs Prerogative, and Letters Patents, without conſent in Parliament, is againſt THE NATURAL FRAME AND CONSTITUTION OF THE POLICY OF THIS KINGDOME, which is Jus Publicum Regn…, 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 Lawes? No man ever read any Law, whereby it was ſo ordained; and yet no man ever read, that any King practiſed the contrary; therefore IT IS THE ORIGINAL RIGHT OF THE KINGDOM, Nota.AND THE VERY NATURAL CONSTITUTION OF OUR STATE AND POLICY, being one of the higheſt Rights of Soveraign Power. If the King alone out of Parliament may impoſe,**And do not thoſe do ſo … as …lay mont…ly …, Customs, and N…w-Impoſt on us daily out of Parliament, and that for many moneths and years yet to come, againſt the Letter of their own Inſtrument and Oath too? HE ALTERETH THE LAW 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.

The ſixth is, 6.A Conference deſired by the Lords, and had by a Committee of both Houſes, concerning the Rights and Priviledges of the Subject, 3. Aprilis. 4. Caroli, 1628. 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, whileſt 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 NEGLECTED 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. Bu… 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, 7.The Vote of the aaSee Canterburies Doom, p. 19. Diurnal Occurrences, p. 13.whole Houſe of Commons, 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,8. bbExact Collection, &c. p. 112, 113.The Votes of both Houſes of Parliament, concerning the ſecurity of 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. Propoſition 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 Law…, as ſome now affirm.

The ninth punctual Authority is,9. 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 obſerveable 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 Kingdom: 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 Kingdom, 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 Majeſty ſhall impoſe upon his Subjects, upon pretence of Defence of the Kingdom; for there is the ſame reaſon of Law for any other charge that is pretended for Defence, as for this. If his Majeſty by the Common Law may charge his Subjects to finde Arms, and other things in the Commiſſion injoyned, becauſe they are for Defence of the Kingdom; by the ſame reaſon of Law, he may command his People to build Caſtles, Forts, and Bulworks, and after to maintain them with Garriſons, Arms, and Victuals, at their own charges: And by the ſame reaſon he may compel his Subjects to finde Ships, and furniſh them with Men, Ammunition, and Victuals, and to finde Souldiers pay, coat and conduct-money; provide victuals for Souldiers, and all other things NECESSARY FOR AN **Do not the Army-Officers now enforce them to all this without a Parliament?ARMY; theſe things being as neceſſary for Defence, as any thing that can be 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 b…nding Laws, which no Kings there ever did in like nature, no… their Counc…ls in any Age.Majeſty call Parliaments to provide for Defence of the Realm, when himſelf may compel his Subjects to defend it without Parliaments? If theſe grounds ſhould hold, what need the Subjects grant Subſidies in Parliament for Defence of the Kingdom in time of real danger, if the King for defence at any times, when he ſhall only conceive or pretend danger, may impoſe Charges upon his Subjects without their conſent in Parliament?

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

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 inſided on, as ſuch, in this one Declaration of both Houſes) the Right of Property of the Subject, contrary to former Reſolutions, and the Petition of Right; yea (which is moſt abominable) to their own Declarations, Remonſtrances, Votes, Proteſtations, Vows, Solemn Leagues and Covenants in Parliament, to their own eternal Infamy, as well as the peoples intolerable oppreſſion and Slavery, who thereupon may juſtly conclude and proteſt againſt them, as both Houſes did in the cloſe of that Declaration againſt the Array, viz▪ **Exact Collection, p. 888.And the Lords and Commons do and ſhall adhere to their former Votes and Reſolutions, That all thoſe that are Actors in putting of this Commiſſion of Array in execution, ſhall be eſteemed diſturbers of the Peace of the Kingdome, and the Properties and Liberties of the Subject.

The tenth evidence is, 10.aaA Collection of all … Order… … and Declarations of Parliament, p. 451, 452, 457, 458.the Vote and Letter of both Houſes of Parliament ſent to his Majeſty at Oxford 9. March 1643. in anſwer to his Majeſties of the third of March, wherein there is this paſſage: We the Lords and Commons aſſembled in the Parliament of England, &c. have reſolved, with the concurrent advice and conſent of the Commiſſioner… of Scotland, to repreſent to your Majeſty in all hum…ity and plainneſs as followeth; That this preſent Parliament convened according to the known and FUNDAMENTAL LAWS OF THE KINGDOM (the continuance whereof is eſtabliſhed by a Law conſented to by your Ma…eſty) is in effect denied to be a Parliament, &c. And hereupon p. 23we think our ſelves bound to let your Majeſty know, That ſince the**Yet forcibly diſſolved by the Army, and ſome new in Power, againſt their Commiſſions, Oaths, Truſts, Proteſtation, Covenant, and an Act of Parliament for their continuance; who may do well to peruſe this …. See Chap. 2. Propoſition 6. 7. continuance of this Parliament is ſetled by a Law, (which, as all other Laws of your Kingdom, your Majeſty is ſworn to maintain, as we are ſworn to our Allegiance to your Majeſty, theſe Obligations being reciprocal) we muſt in duty, and accordingly are reſolved, with our lives and fortunes, to defend and preſerve the juſt Rights and full Power of this Parliament: To which the Earl of Eſſex (then General) by both Houſes direction, in his Letter to the Earl of Forth, Jan. 30. 1643. adds this Corollary, My Lord, the maintenance of the Parliament of England, and the Priviledges thereof, is that for which we are all reſolved to ſpend our bloud, as being THE FOUNDATION WHEREON ALL OUR LAWS and LIBERTIES ARE BUILT: Which both the Lords and Commons aſſembled in Parliament, in their Declaration of 23. Martii 1643. touching their proceedings upon his Majeſties Letter concerning a Treaty of Peace; (wherein this Earls former Letter is recited) thus ſecond: The Parliament of England is the only Baſis, the chief Support and Pillar of our Laws and Liberties, &c. And if notwithſtanding all theſe Obligations, the King ſhall **How much more …h…n, if the Army, o… Army-Officers ſhall do…, without queſtion or exemplary puniſhm…nt again and again, and i… ſtifie it ſtill in …?at his pleaſure diſſolve this Parliament, the Kingdom is not only deprived of the preſent, but made uncapable of enjoying the benefit of any future Parliament or Laws, any longer then ſhall ſtand with the will and pleaſure of the King, and conſequently THE FUNDAMENTALS OF ALL OUR LAWS & GOVERNMENT ARE SUBVERTED. Let the Parliament-diſſolving Officers, Army, and their Confederates ſeriouſly ponder this, with all who ſhall hereafter ſit in Parliamen…, conſider it in the firſt place.

The eleventh is, …1.the aaA Collection, &c. p. 504.Ordinance of both Houſes of Parliament, 13. Junii 1644. for the Forces raiſed in the County of Salop, which begins thus: The Lords and Commons aſſembled in Parliament, taking into their ſerious conſiderations, the great oppreſſions under which the Inhabitants of the County of Salop, by reaſon of inſupportable Taxes, &c. and the preſent condition of the County, by reaſon of 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 ſ…b…e…ſion of THE FUNDAMENTAL LAWS & GOVERNMENT OF THE KINGDOM. For prevention whereof, &c.

The twelfth is bbA Collection, &c. p. 877, 878, 879.A Declaration of the Commons of England aſſembled in Parliament 17.12. Aprilis 1646. Of their true intentions concerning the AN…IENT & FUNDAMENTAL GOVERNMENT OF THE KINGDOM, ſecuring the people againſt ALL ARBITRARY GOVERNMENT, &c. wherein they complain, That the Enemy being in deſpair to accompliſh his deſigns by War, do miſrepreſent our intentions in the uſe we intended to make of the great Succeſſes God hath given us, and the happy opportunity to ſettle peace and truth in the three Kingdoms; to beget a belief that we now deſire to exceed or ſwerve from our firſt Aims and Principles in the Undertaking of this War, and to recede from the Solemn League and Covenant, and Treaties between the two Kingdoms; and that we would prolong theſe uncomfortable Troubles, …nd b…eeding Diſtractions, IN**And is not this now proved a real exper… mental …, in ſome of … Remonſt…s, to their ſhame? ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION & FRAME OF THIS KINGDOM, to leave all Government in the Church looſe and unſetled, and our ſelves to exerciſe THE SAME ARBITRARY POWER OVER THE PERSONS & ESTATES OF THE SUBJECTS, which this preſent Parliament hath thought fit to aboliſh, by taking away the Star-Chamber, High Commiſſion, and other Arbitrary Courts, and the exorbitant Power of the Councel Table: (all which we have ſeen ſince experimentally verified in every particular in the higheſt d…gree, notwithſtanding this Declaration, by ſome in late and preſent Power, notwithſtanding this Publication:) All which being ſeriouſly conſidered by us, &c. We do declare, THAT OUR TRUE & REAL INTENTIONS ARE, & OUR ENDEAVOR SHALL BE, to ſettle Religion in the purity thereof,**And can moſt of the … monſt…ns … or preſent power, … joy this … truth or really? And muſt not they be utterly aſham… ed, confounded before God and men, when they conſider how they have diſſembled, prev… ri…ated with God and men herein in each particular? TO MAINTAIN THE ANCIENT &FUNDAMENTAL GOVERNMENT OF THIS KINGDOM, TO PRESERVE THE RIGHTS & LIBERTIES

p. 25In the bbWalſingha… Stow, Hollinſhed, Speed, Grafton, Baker An. 5. R. 2. John Stows Survay of London. p. 89. 10 103. Mr. St. Iohns Argument at Law, at Straffords Attainder, p. 14fifth year of King Richard the ſecond, the vulgar Rabble of people and Villains, in Kent, Eſſex, Suſſex, Norfolk, Cambridgeſhire and other Countries, under the Conduct of Wat Tyler, Jack Straw and other Rebels, aſſembling together in great multitudes, reſolved by force and violence to abrogate the Law of villenage, with all other Lawes they diſliked, formerly ſettled; to burn all the Records, kill and behead all the Judges, Juſtices, and men of Law of all ſorts, which they could get into their hands; to burn and deſtroy the Innes of Court, (as they did then the new Temple, where the apprentices of the Law lodged, burning their Monuments and Records of Law there found) to alter the tenures of Lands, to deviſe new Laws of their own, by which the Subjects ſhould be governed, to change the ancient Hereditary, Monarchicall Government of the Realm, and to elect pettie elective Tyrannies and Kingdoms to themſelves in every Shire: (a project eagerly proſecuted by ſome Anarchicall Anabaptiſts, and Jeſuites, Levellers, very lately: and though withall they intended to deſtroy the King at laſt, and all the Nobles too, when they had gotten ſufficient power, yet at firſt to cloak their intentions for the preſent, they took an Oath of all they met; Quod Regi & communibus fidelitatem ſervarent, that they ſhould keep Allegeance and faith to the King and Commons, this their reſolution and attempt thus to alter and ſubvert the Laws and Government, upon full debate in the Parliament of 5 R. 2. n. 30, 31. was declared to be HIGH TREASON againſt the King and againſt the Law; for which divers of the chief actours in this Treaſonable Deſign were condemned and executed, as Traitors, in ſeverall places; and the reſt enforced to a publick ſubmiſſion, and then pardoned.

2. In the aaStow, Holinſhed, Sp…ed, Graften, Baker in XI. 21. R. 2. and 1. H. 4. Satutes at large, 11. and 21 R. 2. & 1. H. 4 M. St. …ohns Speech concerning the ſhipmony Judges, p. 28. to 37. And Argument at Law, at Straffords Attainder.Parliament XL. R. 2. (as appears by the Parliament Rolls and printed Statutes at large) three Prive Councellours, the Archbiſhop of York, the Duke of Ireland, and Earl of Suffolk; the Biſhop of Exeter the Kings Confeſſour, five Knights, ſix Judges, (whereof Sir Robert Treſilian Chief Juſtice was one) Blake of the Kings Councel at Law, Ʋsk and others, were impeached and condemned of High Treaſon, ſome of them executed as Traytors, the reſt baniſhed, their Lands p. 26and goods forfeited, and none to endevour to procure their pardon, under pain of Felony; for endeavouring to overthrow a Commiſſion for the good of the Kingdome, and contrary to an Act of Parliament of force of arms and Opinions in Law delivered to the King, tending to ſubvert the Laws and Statutes of the Realm, overthrow the Power, Priviledges, and proceedings of Parliament, and betray (not all the houſe of Lords, but only) ſome of the Lords of Parliament, which Judgement being afterwards reverſed in the forced, and packed Parliament of 21. R. 2. was reconfirmed in the Parliament of 1 H. 4. c. 3. 4, 5. and the Parliament of 21. R. 2. totally repealed, and adnulled for ever, and hath ſo continued.

3. In the aaMr. St. John at Law againſt Straffords Attainder. p. 13. 14, 17.Parliament of 17 R. 2. n. 20. and Paſ. 17. R. 2. B. RS. Ror. 16. Sir Thomas Talbot was accuſed and found guilty of High Treaſon for conſpiring 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 (wherupon 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 inſucceeding ages; worth ſerious peruſall and conſideration by all who tread in his footſteps and over-act him in his Treaſons.

"

Whereas the moſt abominable Tyrant, horrible, odious, and errant FALSE TRAITOR, John Cade, calling himſelf ſometimes Mortimer, ſometime Captain of Kent, (which Name, Fame, Acts and Feats, to be removed out of the ſpeech and mind of every faithfull Chriſtian man, perpetually,) falſly and p. 27trayterouſly purpoſing and imagining the perpetual deſtruction of the KINGS PERSON and FINALL SƲBVERSION OF THIS REALM, taking upon him**And have not others of late aſſumed to themſelves, more Royal power than he? reſolved to be Treaſon by 21. E. 3. Rot. Parl. n. 15. ROYALL POWER, and gathering to him the Kings people in great number, BY FALSE, SUBTIL, IMAGINED LANGUAGE, and ſeditiouſly made a ſtirring Rebellion, and inſurrection, ƲNDER COLOƲR OF JƲSTICE FOR REFORMATION OF THE LAWS OF THE SAID KING, robbing, ſlaying, ſpoiling a great part of his faithfull people: Our ſaid Soveraign Lord the King, conſidering the premiſes with many other, which were more odious to remember, by advice and aſſent of the Lords ſpirituall and Temporall, and at THE REQUEST OF THE COMMONS, and by authority aforeſaid, hath ordained and eſtabliſhed, that the ſaid John Cade ſhall be had named and declared A FALSE TRAYTOR to our ſaid Soveraign Lord the King;Nota. and that all His Tyranny, Acts, 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 Cade 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 Conſcience, and againſt his Royall eſtate and preheminence, and alſo DISHONOƲRABLE and ƲNREASONABLE.

"

5. In theaaSee Mr. S^t. Iohns Argument againſt Strafford, p. 178. Halls Chronicle and Hollinſhed. 8 year of King Henry the 8. William Bell, and Thomas Lacy, in the County of Kent conſpired with Thomas Cheyney (the Hermite of the Queen of Fairies) TO OVERTHROW THE LAWS AND CƲSTOMES 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 adjudged 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 8. 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 offendors took upon them THe REFORMATION THEREOF, which Subjects by gathering of power ought not to do.

aaCooks 4. Inſtitutes, ch. 8. p. 89. to 96.6. On December 1. in the 21. year of King Henry the 8. Sir Thomas Moore, Lord Chancellour of England, with 14. more, Lords of the Privy Councel, John Fitz-James, Chief Juſtice of England, and Sir Anthony Fitzherhert, 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 wayes and faſhions committed High treaſon, and NOTABLE GRIEVOUS OFFENCES, miſuſing, Altering, and ſubverting the order of his Graces Lawes, and otherwiſe; contrary to his high Honour, Prerogative, Crown, Eſtate and Dignity Royall; to the ineſtimable great hinderance, diminution and decay of the uniuerſall Wealth of this his Graces Realm. The Articles are 43. in number: The 20, 21, 26, 30, 35, 37, 42, 43. contain, his illegall, arbitrary practices and proceedings to the ſubverſion of the due courſe and order of his Graces Lawes, to the undoing of a great number of his loving people. Whereupon they pray. Pleaſe therefore your moſt excellent Majeſty of your excellent goodneſſe towards the Weal of this your Realm, and Subjects of the ſame, to ſee ſuch order and direction upon the ſaid Lord Cardinall, As may be to terrible example of other, 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 Common wealth of this your Realm, as he hoth done heretofore, to the great hurt and dammage of every man almoſt, High and low. **See Speed, Holiſhed, Grafton, Stow, Antiquitates Eccleſiae, Brit. p. 378. & 379. and Goodwin in his life time.His poyſoning himſelf prevented his judgement for theſe his Practiſes.

bbM. St. Iohns Argument againſt Strafford7. The Statute of 1. Marie c. 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.

aaCook 3 Inſt. c. 1. 9, 10. and M. St. Iohns Argument at Law, againſt Strafford p. 15, 16.8. In the 39. of Queen Eliſabeth, 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. Eliſabeth, 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 BURTON (two of the principall offenders) were condemned and executed at Aiciſton Hill in Oxfordſhire, where they intended their firſt meeting.

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. Iohns Argument at Law at his Attainder, and Diurnal Occurrences.9. To come nearer to our preſent times and caſe. In the laſt Parliament of King Charls, Anno 1640. 1641. The whole houſe of Commons impeached Thomas Earl of Strafford, Lord Deputy of Ireland of High Treaſon, amongſt other Articles, for this crime eſpecially (wherein all the other centred,) That he hath TREASONABLY ENDEVOURED by his Words, Actions and Counſels, to SUBVERT THE FUNDAMENTALL LAWS OF ENGLAND and IRELAND, and introduce an Arbitrary and Tyrannicall Government. This the whole Parliament declared and adjudged to be High Treaſon, in and by their votes, and a ſpeciall Act of Parliament for his Attainder; for which he was condemned and ſoon after executed on Tower Hill, as a Traytour to the King and Kingdome, May 22. 1641.

ccSee the Commons and Lords Iournals, his printed impeachment, Mr. Pyms Speech thereat, Canbuties Doom. p. 25, 26, 2… 38, 40▪10. The whole Houſe of Commons the ſame Parliament impeached William Laud Archbiſhop of Canterbury of HIGH TREASON; in theſe very terms, February 6. 1640.

Firſt, That he hath trayterouſly endeavoured to ſubvert p. 30Fundamentall Lawes and Government of this Kingdome of England, and inſtead thereof to introduce An Arbitrary and Tyrannicall Government againſt Law:See chap. 2. Propoſition 1.

"and he to that end hath wickedly, and TRAYTEROUSLY adviſed his Majeſty, that he might at his own will and pleaſure, L…vy and take money of his Subjects without their conſent in Parliament, and and this he affirmed was warrantable by the Law of God.

Secondly, He hath for the better accompliſhment of that his Trayterous deſign, adviſed and procured Sermons and other Diſcourſes, to be preached, printed and publiſhed, in which the Authority of Parliaments, and the force of the Lawes of this Kingdome have been denyed, and abſolute and unlimited Power over the perſons and eſtates of his Majeſties Subjects maintained and defended, not onelyonly in the King, but in himſelf and other Biſhops againſt the Law.

Thirdly, He hath by Letters, Meſſages, Threats and promiſes, and by divers other wayes to Judges, and other Miniſters of Juſtice, interrupted, perverted, and at other times by means aforeſaid hath endevoured to interrupt and pervert the courſe of Juſtice in his Majeſties Courts at Weſtminſter and other Courts, TO THE SUBVERSION OF THE LAWS OF THIS KINGDOME, whereby ſundry of his Majeſties Subjects have been ſtopt in their juſt ſuits, deprived of their lawfull Rights, and ſubjected to his Tyrannical will, to their ruine and deſtruction.

Fourthly, That he hath trayterouſly endevoured to corrupt the other Courts of Juſtice, by a viſing and procuring his Majeſty to ſell places of Judicature, and other offices, CONTRARY TO THE LAWS and CUSTOMES in that behalf.

Fifthly, He hath TRAYTEROUSLY cauſed a Book of Canons to be compiled and publiſhed, without any lawfull warrant and Authority in that behalf; in which pretended Canons many matters are contained, contrary to the Kings Prerogative, to the fundamentall Laws and Statutes of this Realm, to the Rights of Parliament, to the Property, and Liberty of the Subject, and matters p. 31tending to ſedition and of dangerous conſequence; and to the eſtabliſhing of a vaſt, unlawfull, preſumptuous power in himſelf and his Succeſſors &c.

Seventhly, That he hath trayterouſly endevored to alter and ſubvert Gods true Religion BY LAW ESTABLISHED; and inſtead thereof to ſet up Popiſh Religion and Idolatry, And to that end hath declared, and maintained in Speeches and Printed Books, divers Popiſh Doctrines, and opinions, contrary to to the Articles of Religion, ESTABLISHED BY LAW. He hath urged and enjoyned divers Popiſh, and Superſtitious Ceremonies WITHOƲT ANY WARRANT OF LAW; and hath cruelly perſecuted thoſe who have oppoſed the ſame, by corporall puniſhments, and impriſonments; and moſt unjuſtly vexed others who refuſed to conform thereunto by Ecccleſiaſticall Cenſures, Excommunication, Suſpenſion, Deprivation and Degradation, CONTRARY TO THE LAWS OF THIS KINGDOME.

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

That to preſerve himſelf from being queſtioned for theſe and other his Trayterous Courſes, he hath laboured to Subvert the Rights of Parliament, and the ancient Courſe of Parliamentary Proceedings, and by falſe and malicious ſlanders to incenſe his Majeſty againſt Parliaments.

"

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

11. In theaaSee the Commons and Lords Journals, Durnal Occurrences p. 15, 16 19. 37. 191. to 264. and Mr. St. Iohns Speech at a conſcience of both Houſes of Parliament concerning ſhi…mony and theſe Judges. Together with the Speeches of Mr. Hide, Mr. Walker, Mr. P…erpoint, Mr. Denzill Hollis, at their impeachments …uly 16. 1641. aggravating their offences in Diurnall Occurrences and Speeches. ſame Parliament, December 21. Jan. 14. February 11. 1640. and July 6. 1641. Sir John Finch, then p. 32Lord Keeper, chief Juſtice Bramſton, Judge Berkly, Judge Crawly, Chief Baron Davenport, Baron Weſton, and Baron Turnour, were accuſed and impeached by the Houſe of Commons, by ſeveral Articles tranſmitted to the Lords, OF HIGH TREASON, for that they had Traitorouſly and wickedly endeavoured to ſubvert the Fundamentall Laws, and eſt…bliſhed Government of the Realm of ENGLAND, and inſtead thereof to introduce an Arbitrary and Tyrannicall Government againſt Law; which they had declared by Traiterous and wicked words, opinions, judgement, and more eſpecially in this their extrajudiciall opinion ſubſcribed by them in the caſe of Ship-money, viz. We are of opinion, that when the good and ſafety of the Kingdome in generall is concerned, and the whole kingdome in danger; Your Majeſty may by Writ under the Great Seal of England (without conſent in Parliament) command all your Subjects of this your Kingdome, See ch. 2. Propoſition 1.at their charge to provide and furniſh ſuch a number of Ships, with Men, Victuall and Ammunition, and for ſuch time as your Majeſty ſhall think fit, for the Defence and ſafeguard of the Kingdome, from ſuch danger and perill. And we are of opinion, that in ſuch caſe, your Majeſty is the ſole Judge both of the danger, and when, and how, the ſame is to be prevented and avoided. And likewiſe for arguing and giving iudgment accordingly in Maſter John Hempdens caſe, in the Exchequer Chamber, in the point of Ship money in Aprill 1638. which ſaid Opinions are Deſtructive to the Fundamental Laws of the Realm, the ſubjects Right of Propriety, and contrary to former Reſolutions in Parliament, and the Petition of Right; as the words of their ſeveral Impeachments run. Sr. John Finch fled the Realm to preſerve his head on his Shoulders; ſome others of them d…ed through fear, to prevent the danger ſoon after their Impeachments; and the reſt put to Fines, who were leſſe peccant.

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

1.

'It is an offence comprehending all other offences. Here you ſhall finde ſeveral Treaſons, Murthers, Rapins, Oppreſſions, Perjuries. There is in this Crime, a Seminary of all evills, hurtfull to a State; and if you conſider the Reaſons of it, it muſt needs be ſo. The Law, is that which puts a difference betwixt Good and Evill: betwixt juſt and unjuſt.Nota. If you take away the Law, all things will fall into Confuſion; every man will become a law to himſelf, which in the depraved condition of humane nature muſt needs produce man great enormities. **And are they not ſo now?Luſt will become a Law, and Envy will become a Law; Covetouſneſſe and Ambition will become Laws; and what Dictates, what deciſions ſuch laws will produce, may eaſily be diſcerned in the late Governm…nt of Ireland, (and England too ſince this.) The Law hath a power to prevent, to reſtrain, to repair evils: without this all kind of miſchiefs and diſtempers will break in upon a State. It is the Law that doth the King to the Allegiance and Service of his people: it intitles the People to the Protection and Juſtice of the King, &c. The Law is the Boundary, the meaſure betwixt the Kings Prerogative, and the peoples Liberty, whiles theſe move in their own O…b, they are a ſupport and ſecurity to one another: but if theſe Bounds be ſo removed that they enter into conteſtation and conflict, one of theſe miſchiefs muſt needs enſue. If the Prerogative of the King overwhelm the Liberty of the people, it will be turned into Tyranny: If Liberty undermine the Prerogative it will turn into Anarchy. The Law is the ſafeguard, the cuſtody of all private intereſts, your honours, your lives, your liberties, and eſtates are all in the keeping of the Law, without this every p. 34man hath a like Right to any thing: and this is the condition into which the Iriſh were brought by the Earl of Strafford, (and the Engliſh by others who condemned him.) And the reaſon which he gave for it, hath more miſchief than the thing it ſelf: THEY ARE A CONQUERED NATION (Let thoſe who now ſay the ſame of England, as well as Scotland and Ireland, conſider and obſerve what follows,) There cannot be a word more pregnant and fruitfull IN TREASON, then that word is. There are few Nations in the world, that have not been conquered, and no doubt but the Conquerour may give what Laws he pleaſe, to thoſe that are conquered. But if the ſucceeding Acts and agreements do not limit and reſtrain that Right, what people can be ſecure? England hath been conquered and Wales hath been conquered; and by this reaſon will be in little better caſe than Ireland. If the King by the Right of a Conquerour give Lawes to his people, ſhall not the people by the ſame reaſon be reſtored to the Right of the conquered, To recover their Liberty if they can? What can be more hurtfull, more pernicious than ſuch Propoſitions as theſe?

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

3. As it is dangerous to the Kings perſon and Crown, ſo it is in other reſpects very prejudiciall to his Majeſty, in honour, profit and greatneſſe (which he there proves at large, as you may there read at leaſure) and yet theſe are the Guildings and Paintings, that are put upon ſuch Counſels: Theſe are for your Honour, for your Service.

4. It is inconſiſtent with the Peace, the Wealth, the Proſperity of a Nation. It is deſtructive to Juſtice, the mother of Peace: to Induſtry, the Spring of Wealth; to Valour, which is the active vertue, whereby the proſperity of a Nation can onelyonly be procured, confirmed, and enlarged. It is not onelyonly apt to take a way Peace, and ſo intangle the Nation with warres, but doth corrupt Peace, and powrs ſuch a malignity into it, as produceth the effects of War: both to the**Is not this an experimentall truth now. NOBILITY and others having as little ſecurity of THEIR PERSONS OR ESTATES, in this peaceable time, as if the Kingdome had been under the fury and rage of warre. And as for Induſtry and Valour, who will take pain… for that, which when he hath gotten, is not his own? or who fights for that wherein he hath no other intereſt, but ſuch as is ſubject to the will of another? &c. Shall it be Treaſon to embaſe the Kings Coin; though but a piece of twelve pence or ſix pence, and muſt it not needs be the effect of GREATER TREASON to **And were they ever ſo baſe, cowardly, ſlaviſh as now?embaſe the Spirits of his Subjects, and to ſet a ſtamp and Character of Servitude upon them, whereby they ſhall be diſabled to do any thing for the Service of the King or Common-wealth?

5. In times of ſudden danger, by the Invaſion of an enemy, it will diſable his Majeſty to preſerve himſelf and his Subjects from that danger. When war threatens a Kingdome, by the coming of a 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 ſafety, 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 mutuall agreement and ſtipulation, confirmed by OATH on both ſides.

7. It is an Offence that is contrary to the ends of Government.

1. To prevent Oppreſſions; to**Was ever their power, violence ſo unlimited, unbounded in all Kinds as now? limit and reſtrain 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 ſuppreſſed: 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 evil. 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 he Inſtruments of any unjuſt Commands, who make conſcience to do any thing againſt the Law of the Kingdome,Nota. and Liberties of the Subject, are not only not paſſable for imployment; but SUBJECT TO MUCh JEALOUSIE and DANGER, (Is not this their Condition of late and preſent times? expertus loquor.)

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 Suberſions 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 ſoever 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 evil 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 Deſign and endevour of the Authour, it was to be A CONSTANT and PERMANENT TREASON; a ſtanding, perpetual 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 own 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 SETLED FRAME AND CONSTITUTION OF GOVERNMENT IN ANY STATE. (Let thoſe conſider it who are guilty of it in the higheſt Degree, beyond Strafford, Canterbury, or the Shipmony Judges in our own State) The Lawes whereby all parts of a Kingdome are preſerved, ſhould be very vain and defective, if they had not a Power to ſecure and preſerve themſelves. The Forfeitures inflicted for Treaſon by our Law, are of Life, Honour and Eſtate, even all that can be forfeited: and this Priſoner, although he ſhould **And others, as well as he, of farre inſeriour 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 blood. 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 years; it was not for want of Law, but that all that time had not bread a man **But have not our times bred men much bolder then he, ſince this Sp…ech 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 followe…s.ONELYONLY MAN, that in ſo long a time hath ventured UPON SUCH A TREASON AS THIS.'

Thus far M. John Pym; in the Name and by the Order and Authority of the whole Commons Houſe in Parliament, w^ch I wiſh all thoſe, who by their Words, Actions, Counſels (and printed Publications too, have trayterouſly endevoured to ſubvert the Fundamentall Lawes, Liberties of England and Ireland, and to introduce an arbitrary and Tyrannicall Government againſt Law, as much as ever Strafford did, and out ſtripped him therein, (even ſince his execution) in all particulars, for which he was beheaded; would now ſeriouſly lay to heart, and ſpeedily reform, leſt they equall or exceed him in 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 Shipmony upon Judge Finches Impeachment of High Treaſon, January 14. 1640. printed by the Commons Order, London, 1641. wherein he declares the ſenſe of the Commons. p. 12. &c.

'That by the Judges Opinions (forecited) concerning Shipmony 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. EXECƲTIONERS OF THEM; they have endevoured THE DESTRƲ CTION OF THE FƲNDAMENTALS OF OƲR LAWS and LIBERTIES. Holland in the Low-Countries lies under the Sea: the Superficies of the Land, is lower than p. 39the 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. even Forreign Authours, as Comines obſerves,Propoſition 1. That the Statute DE TALLAGIO, and the other old Laws are the Sea walls and Banks, which keep the Commons from the innundation of the Prerogative. Theſe**Aave not other Pioners and Jaſſes done the like? Pioners have not onelyonly undermined theſe Banks, but they have levelled them even with the ground. It one that was known to be Hoſtis Patriae, had done this, though the Dammage be the ſame, yet the Guilt is leſſe; but the Con…ervatores Riparum, the overſeers intruſted with the Defence of theſe Banks, for them to deſtroy them; the breach of Truſt aggravates, nay alters the nature of the offence. Breach of Truſt though in a private Perſon, and in the leaſt things, is odious amongſt all men: much more in a publick Perſon, in things of great and publick concernment, becauſe**This is now grown a meere 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 Kingdom, becauſe the Caſtle is the Key of the Kingdome: wheras if the houſekeeper of a private perſon, deliver poſſeſſion to his Adverſary, it is a crime ſcarce puniſhab…e 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 Kingdom. This Truſt of all we have, is primarily from his Majeſty, &**See 27 H. 8. c. 24. 26. Magna Charta. c. 12. 29 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 the Judges with the performance of this part of his Oath; ſo doth he likewiſe exact another Oath of them, for their due execution of Juſtice to the people, according to the Laws: hereby the Judges ſtand intruſted with this part of his Majeſties Oath. If therefore the Judges ſhall do wittingly againſt the Law, p. 40they do not onelyonly break their own Oaths, and therein the Common Faith and Truſt of the whole Kingdome, but do as much as in them lies, ſp…rce and blemiſh the ſacred Perſon of his Majeſty with the odious and hatefull ſin of **Was it ever ſo freque …t a ſia as now in all ſorts of late Judges, Officers Subjects?Perjury.

My Lords, the hainouſneſſe of this offence is moſt legible in the**Do none deſerve as ſevere now? ſevere puniſhment which former ages have inflicted upon thoſe Judges, who have broken any part of their Oaths wittingly, though in things not ſo dangerous to the Subject, as in the caſe in queſtion.**See Cooks 3. Instil. p. 146, 147▪ and f. 133 Hollirſhed p. 284, 285. Speeds Hiſtory p. 651. S…ow, 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 forfeited, as appears in the Pleas of Parliament, 18 E. 1. and he was baniſhed the Kingdome, as unworthy to live in the State againſt which he had ſo much offended. **See Cgoks 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 this Name, or of his Function ſince done the like in an higher degree?Thorp qui Sa cramentum Domini Regis erga populum ſuum habuit ad cuſtodiendum, fugit malitiosè falsò & rebelliter, quantum in ipſo fuit. There is a notable Declaration in that Judgement, that this Judgement was not to be drawn into example, againſt any other officers, who ſhould break their Oaths, but onelyonly againſt thoſe, qui praedictum Sacramentum fecerunt, & fregerunt, & **Let Custodes Legum & Lib…rtatum 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. Num. 10. it was debated in Parliament, whether this Judgement was legall? Et nullo contradicente, it was declared, TO BE JUST AND ACCORDING TO THE LAW: and that the **Let the Repater and others conſider 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 …ath 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, left 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 onelyonly 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 deniall of Juſtice, it was not a damming up, but a ſtraitning onelyonly of the Chanel. For whereas the Judges ought Judicium reddere, that is, the Laws being THE BIRTHRIGHT and INHERITANCE OF THE SƲBJECT, the Judge when the parties in ſuit demand Judgement, ſhould re dare, freely reſtore the Right unto them; now he doth not dare, but vendere, with hazard onelyonly of perverting Juſtice; for the party that buyes the Judgement, may have a good and honeſt cauſe. But theſe Opinions, beſides that they have coſt the Subjects very dear, dearer than any, nay, I think I may truly ſay, than all the unjuſt Judgements that ever have been given in this Realm, witneſſe the many hundred thouſand pounds, which under colour of them have been levyed 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 Shipmony, and more frequent, unceſſant, and endleſſe than it ſeven hundred thouſand pounds and upwards, that have been paid unto the Treaſurer of the Nav…, (in ſundry years) beſides what the Subjects have been forced to pay Sheriffes, Sheriffes-Bayliffes, (and now an hundred times more to T…oopers, and Souldiers, who forcibly levy their unlawfull Contributions, and Exciſes) and otherwiſe; which altogether as is conceived, amounts not to leſſe than a million (in five years ſpace, whereas now we pay above two Millions in Taxes, Impoſts, Exciſes, every year) beſides the infinite v…xations of the Subject by ſuits in Law, binding them over, 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 upon themſelves and their Succeſſors, An impoſſibility of ever doing us right again, & an incapacity upon us of demanding it ſo long as they continue (as the Compilers of the late Inſtrument, with 42. Strings, intitu…ed, The Government of the Common-wealth of England, &c. Artic. 1, 2, 3, 9, 10, 12, 22, 24, 25, 26, 27, 28. 31, 32. 36, 37, 38, 39. have done, as far as they, and much beyond them.)

In that ſore famine in the Land of Egypt, when the inhabitants were reduced to the next doore to death (for there they ſay, why ſhould we die?) for bread, Firſt they give their money, next their flocks and Cattle, laſt of all their perſons and Lands for bread; all became Pharaohs; but by this Lex Regia, there is a tranſaction made, not onelyonly of our perſons, but of our bread likewiſe, wherewith our perſons ſhould be ſuſtained; that was for bread, this of our bread. For ſince theſe Opinions, if we have any thing at all, we are not at all beholding TO THE LAW FOR IT, but are wholly caſt UPON THE MERCY and GOODNESSE OF THE KING. Again, there the Egyptians themſelves, ſold themſelves, and all they had to the King, if ours had been ſo done; if it had been ſo done by our own free conſent in Parliament, we had the leſſe cauſe to complain: But it was done againſt our wills, and by thoſe who were truſted, and that upon Oath, with the preſervation of theſe things for us. The Laws are our Forts, and Bulwarks of Defence: If the Captain of a Caſtle, onelyonly out of fear and Cowardice, and not from any Compliance with the enemy ſurrender it, This is TREAON, as was adjudged in Parliament, 1 R. 2. in the two Caſes of Comines and Weſton, and in the Caſe of the Lord Gray, for ſurrendering Barwick Caſtle 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 loſeth not the Kingdome, onelyonly the place and adjacent parts, with trouble to the whole. But by the Opinions, there is a Surrender made of all our Legal defence of Property: that which hath been preacht is now judged; that there is no Meum & Tuum, between the King and people; beſides that which concerns our Perſons.

The Law is the Temple, the Sanctuary, whether Subjects ought to run for ſhelter and Refuge: hereby it is become Templum fine numine, as was the Temple built by the Romane Emperour, who after he had built it, put no gods into it. We have the Letter of the Law ſtill, but not the ſenſe: we have the Fabrick of the Temple ſtill, but the Dii Tutelares are gone. But this is not all the Caſe, that is, That the Law now ceaſeth to aid and defend us in our Rights, for then poſſeſſion alone were a good Title, if there were no Law to take it away: Occupanti concederetur, & melior eſſet Poſſidentis conditio: But this, though too bad is not the worſt: for beſides that which is Privitive in theſe Opinions, there is ſomewhat poſitive. For now the Law doth not onelyonly not defend us, but the Law it ſelf, (by temporiſing Judges and Lawyers) is made the Inſtrument of taking all away. For whenſoever his Majeſty or his Succeſſors, ſhall be pleaſed to ſay, that the good and ſafety of the Kingdome is concerned, and that the whole Kingdome is in danger, the when and how, the ſame is to be prevented, makes our perſons and all we have liable to bare will and Pleaſure. By this means, The Sanctuary is turned into a Shambles; the Forts are ſleighted, that ſo they might neither do us good nor hurt; But they are held againſt us by thoſe who ought to have held them for us, and the mouth of our own Can…n is turned upon our own ſelves: and that by our own military Officers, Souldiers and others ſince, as well as the Ship money Judges then)'

Thus far Mr. Oliver St. John (by the Commons Order) whoſe words I thought fit thus to tranſcribe at large, becauſe not onelyonly 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 Shipmony Judges, and of Sir Robert Treſylium and his Complices in XI. R. 2. condemned and executed for Traytors by Judgement in Parliament, for endevouring to ſubvert the lawes and ſtatutes of the Realm by their illegall Opinions then delivered to King Richard at Nottingham Caſtle, not out of conſpiracy, but for fear of death and corporall Torments wherewith they were menaced: whoſe offence he there makes tranſcendent to theirs then in ſix particulars, as thoſe who pleaſe may there read at leiſure, being over large to tranſcribe, I could here inform you, that the Fundamentall laws of our Nation, are the ſame in the Body politique of the Realm, as the Arteries, Nerves, Veins, are in, and to the naturall Body, the Bark to the tree; the Foundation to the Houſe: and therefore the cutting of them aſunder, or their Subverſion, muſt of neceſſity, kill, deſtroy, disjoyn and ruine the whole Realm at once: therefore it muſt be Treaſon in the higheſt degree. But I ſhall onelyonly ſubjoyn here ſome materiall Paſſages, in his Argument at Law, concerning the Attainder of high Treaſon, of Thomas Earl of Strafford, before a Committee of both Houſes of Parliament in Weſtminſter Hall, April 29. 1641. ſoon after printed and publiſhed by Order of the Commons Houſe: wherein p. 8. he layes down this Poſition; recited again, p. 64.

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

The Authorities, Judgements, in and out of Parliament which he cites to prove it, have been already mentioned, p. 45with ſome others he omitted; I ſhall therefore but tranſcribe his Reaſons to evince it to be Treaſon, ſuper-added to thoſe alledged by him againſt the Shipmony Judges.

Page 12. It is a Warre againſt the King (Let our Military Officers and ſouldiers conſider it) when intended. The alteration of the laws 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 laws in every part of them.

2. Becauſe they are the Kings laws. He is the Fountain from whence in their ſeverall Channells, 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.

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Page 64. In this I ſhall not labour at all to prove, That the endevouring by words, Counſels and actions, To ſubvert the Fundamentall Laws and Government of the Kingdome is Treaſon at the Common Law. If there be any Common Law Treaſons at all left, NOTHING TREASON IF THIS NOT, TO MAKE A KINGDGME 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.

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Page 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 Politick. This diſſolved, the Arteries and Ligaments that hold the body together, THE LAWES. He that takes away the Laws, takes not away the Allegiance of one Subject onelyonly, 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 bind 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 kills not Judicem ſed JƲDICIƲM. 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 countefeit a twenty ſhilling piece: here's a counter feiting 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 onelyonly againſt the life or goods of ſome one, or few perſons. It would I believe be anſwered by the Judges, as it was by the Chief Juſtice Thirning, in 21 R▪ 2. That though he could not judge the Caſe TREASON there before him, yet if he were a Peer in Parliament; HE WOƲLD SO ADJƲDGE IT. (And ſo the Peeres did here in Straffords, and not long after in Canterburies Caſe, who both loſt their Heads on Tower Hill.)

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I have tranſcribed theſe Paſſages of Mr. Oliver St. John 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 Fandamentall Government, or ſetting up any arbitrary or Tyrannicall power, Taxes, Impoſitions, or new kinds of arbitrary Judicato…ies, and impriſonments againſt theſe our Laws and Liberties.

2. To mind an 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 onelyonly the whole Parliament in generality, but many of themſelves in particular, ſo ſeverely proſecuted, condemned, and inexorably puniſhed of late years in them: that ſo they may 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, tbou 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 Judgement of God.

3. To excite all Lawyers, eſpecially 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 aggravated, and exemplarily puniſh…d of former and later times, in corrupt, cowardly timeſerving, degenerate Lawyers and Judaſſes, rather than 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, Lieutenant Colonel Lilburn, tried and caſt, and other forementioned publications:) who profeſſedly 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 Malefactor…, 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 ſh…dow of Faction, Sedition, Treaſon, and Enmi…y to the publick peace, weal, ſettlement of the Nation, which thoſe, (and thoſe onelyonly) who are moſt Factious and ſeditious, 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 Parliamens forecited, ere they can accuſe, traduce, or cenſure me, who do but barely relate, apply their words and judgements without malice or partiality, for the whole Kingdomes benefit and ſecurity.

To theſe punctuall full Jury of Records and Parliamentary Authorities in point, I could accumulate Sir Edward Cook his 3. Inſtitutes, p. 9. printed and authoriſed by the Houſe of Commons ſpeciall Order, the laſt Parliament: The ſeverall Speeches of Mr. Hide, Mr. Walker, Mr. Pierpoint and Mr. Hollis, July 6. 1641. at the Lords Bar in Parliament, by order of the Commons Houſe, at the Impeachment of the Shipmony Judges of High Treaſon, p. 49printed in Diurnall Occurrences, and ſpeeches in Parliament, London 1641. p. 237. to 264. Mr. Samuel Browns Argument at Law before the Lords and Commons at Canterburies Attainder; all manifeſting, their endevouring to ſubvert the Fundamentall Laws and government of the Nation to be HIGH TREASON; with ſundry other printed Authorities to prove, That we have fundamentall Laws, Liberties, Rights, and a fundamentall Government likewiſe, which ought not to be innovated, violated, or ſubverted upon any pretences whatſoever, by any power or prevailing Faction. But to avoid prolixity, (the double Jury of irrefragable and punctuall Authorities already produced, being ſufficient to ſatisfie the moſt obſtinate Oppoſites formerly contradicting it) I ſhall 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 would have been: A Subverting of the fundamentall Laws of the Land, the Deſtruction of Property, and an utter extinguiſhment of the Goſpel. In truth their Principles led them TO A PULLING DOWN ALL? AND ESTABLISHING NOTHING. So that inſtead of the expected ſettlement, they were running …ut into FURTHER ANARCHY and CONFUSION. As to the Laws and Civil Rights of the Nation, nothing would ſerve them, but A TOTALL ERADICATION OF 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 Meer Will and Power, &c.

Things being at this Paſſe, and the Houſe (through theſe proceedings) perfectly disjointed, it was in vain to look for a ſettlement of this Nation from them, thus conſtituted on the contrary, nothing elſe could be expected, But that the 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 Parliamen's and fundamentall Government of the Kingdome.

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

Reſolved, &c. That a Letter be prepared and ſent to the Generall; taking notice of his proceeding in the execution (according to the Rules of Warre) of a mutinous perſon (avowing and proſecuting this agreement in the Army contrary to theſe Votes) at the Rendezvouz near Ware; and to give him thanks for it: and to deſire him to proſecute that Buſineſſe to the bottome; and to bring 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 intituled 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 ſomented 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 ſlanderouſly 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 Common-Wealth of this flouriſhing and renowned Kingdom, 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, See Speeds History, p. 1250 and Mr. John Vica…'s Hiſtory of the Gunpowder Treaſon, and the Arraignment of Traytors.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, and Religion, treading preſumptuouſly in their Jeſuiticall footſteps,aaJudges 5. 31Judg 5:31 periſh O Lord, but let all them who cordially love, and ſtrenuouſly maintain them againſt all Conſpirators, Traytors, Underminers, Invaders whatſoever, be as the Sunne 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, Warres, Confuſions, by their reſtitution and eſtabliſhment.

p. 54CHAP. II.

HAving thus ſufficiently proved, That the Kingdome, and Freemen of England, have ſome ancient, hereditary Rights, Liberties, Franchiſes, Priviledges, Cuſtomes, properly called FƲNDAMENTALL, as likewiſe a Fundamentall Government, no wayes to be altered, undermined, ſubverted, directly or indirectly, under the guilt and pain of High Treaſon in thoſe who attempt it; eſpecially by Fraud, Force, or armed Power.

I ſhall in the ſecond place preſent you in brief Propoſitions, a Summary of the chiefeſt and moſt conſiderable of them, which our prudent Anceſtors in former ages, and our lateſt reall Parliaments, have both declared to be, and eagerly conteſted for, as Fundamentall and Eſſentiall to their very being and well being, as a Free people, Kingdome, Republick, unwilling to be enſlaved under any yokes of Tyranny or arbitrary power, that ſo the whole Nation may the more perſpicuouſly know and diſcern them, the more ſtrenuouſly contend for them, the more vigilantly watch againſt their violations, underminings in any kind, by any Powers, or Pretences whatſoever; and tranſmit, perpetuate them intirely to their poſterities, as their beſt and chiefeſt inheritance.

I ſhall compriſe the Summe and Subſtance of them all in theſe 9. Propoſitions; beginning with the Subjects Property, which hath been more frequently, univerſally invaded, aſſaulted, undermined by our Kings, and their evill inſtruments; and thereupon more ſtrenuouſly, frequently and vigilantly maintained, retained by our Nobles, Parliaments and the people in all ages (till of late years) than any or all of the reſt put together, though every of them have been conſtantly defended, maintained, when impugned, or incroached upon by our Anceſtors and our ſelves.

p. 551. That no Tax, Tallage, Aid, Subſidy, Cuſtome, Contribution, Loan, Impoſition, Exciſe or other Aſſeſſement whatſoever, for Defence of the Realm by Land or Sea, or any other publick ordinary, or extraordinary occaſion, may or ought to be impoſed, or levyed upon all or any of the Freemen of England, by reaſon of any pretended or reall Danger, Neceſſity or other pretext; by the Kings of England, or any other Powers, but onelyonly with and by their common conſent and Grant, in a free and lawfull Parliament duly ſummoned and elected: Except onelyonly ſuch ancient, legall Ayds, as they are ſpecially obliged to render by their Tenures, Charters, Contracts, and the Common Law of England.

2. That no Freeman of England ought to be arreſted, confined, impriſoned, in any private Caſtles, or remote, unuſuall Priſons under Souldiers or other Guardians, but onelyonly in uſuall or Common Gaols, under ſworn, reſponſible Gaolers, in the County where he lives, or is apprehended, and where his Friends may freely viſit and relieve him with neceſſaries: And that onelyonly for ſome juſt, and legall cauſe expreſſed in the Writ, Warrant, or Proceſſe, by which he is arreſted, or impriſoned; which ought to be legally executed by known, legal, reſponſible ſworn Officers of Juſtice, not unknown military Officers, Troopers, or other illegall Catchpols, That no ſuch Freeman ought to be denied bail, Mainpriſe, or the benefit of an Habeas Corpus, or any other Legal Writ for his enlargement, when bailable or incumpernable by Law; nor to be detained priſoner for any reall or pretended Crime, not bailable by Law, then untill the next Generall or Speciall Gaol-delivery, held in the County where he is impriſoned; where he ought to be legally tried and proceeded againſt, or elſe enlarged by the Juſtices, without deniall or delay of Right and Juſtice. And that no ſuch Freeman may or ought to be outlawed, exiled, condemned to any kind of corporall puniſhment, loſſe of Life or Member, or otherwiſe deſtroyed or paſſed upon, but onelyonly by due and lawfull Proceſſe, Indictment, and the p. 56lawfull Triall, Verdict and Judgement of his Peers, according to the good old Law of the Land, in ſome uſuall Court of Publick Juſtice: not by and in new illegall▪ Military, or other Arbitrary Judicatories, Committees, or Courts of High Juſtice, unknown to our Anceſtors.

3. That no Freeman of England, unleſſe it be by Speciall Grant and Act of Parliament may or ought to be compelled, enforced, preſſed or arrayed to go forth of his own Countrey (much leſſe out of the Realm into forreign parts) againſt his will in times of Warre or Peace, or except he be ſpecially obliged thereto by ancient Tenures and Charters; ſave onelyonly upon the ſudden coming of ſtrange enemies into the Realm, and then he is to array himſelf onelyonly in ſuch ſort, as he is bound to do by the ancient Laws and Cuſtomes of the Kingdome ſtill in force.

4. That no Freeman of England, may or ought to be disinherited, diſſeiſed, diſpoſſeſſed or deprived of any inheritance, Freehold, Liberty, Cuſtome, Franchiſe, Chattle, Goods whatſoever without his own Gift, Grant, or free Conſent, unleſſe it be by lawfull Proceſſe, Triall and Judgement of his Peers, or ſpecial Grant by act of Parliament.

5. That the old received Government, Lawes, Statutes, Cuſtomes, Priviledges, Courts of Juſtice, legal Proceſſe of the Kingdome and Crown ought not to be altered, repealed, ſuppreſſed, nor any new form of Government, Law, Statute, Ordinance Court of Judicature, Writs, or legal Proceedings inſtituted or impoſed on all or any of the Free-men of England, by any Perſon or Perſons, but onelyonly in and by the Kingdomes free and full conſent in a lawfull Parliament, wherein the Legiſlative Power ſolely reſides.

6. That Parliaments ought to be duly ſummoned, and held for the good and ſafety of the Kingdome every year, or every three years at leaſt, or ſo often as there is juſt occaſion. That the Election of all Knights, Citizens and Burgeſſes, to ſit and ſerve in Parliament (and ſo of all oother p. 57Elective Officers) ought to be free. That all Members of Parliament hereditary or Elective, ought to be preſent, and there freely to ſpeak and vote according to their judgements and Conſciences, without any overawing Guards to terrifie them; and none to be forced or ſecluded thence. And that all Parliaments not thus duly ſummoned, elected whilſt held, but unduly packed, and all Acts of Parliament fraudulently and forcibly procured by indirect means, ought to be nulled, repealed, as void, and of dangerous preſident.

7. That neither the Kings nor any Subjects of the Kingdome of England, may or ought to be ſummoned before any Forreign Powers or Jurisdictions whatſoever, out of the Realm, or within the ſame, for any manner of Right, Inheritance, Thing belonging to them, or Offence done by them within the Realm.

8. That all Subjects of the Realm are obliged by Allegiance and duty to defend their Lawfull Kings, Perſons, Crowns, the Laws, Rights and Priviledges of the Realm, and of Parliament againſt all Uſurpers, Traytors, violence, and Conſpiracies. And that no Subject of this Realm, who according to his duty, and Allegiance ſhall ſerve his King in his Warres, for the juſt defence of him and the Land, againſt Forreign enemies or Rebels, ſhall loſe or forfeit any thing for doing his true duty, ſervice, and Allegiance to him therein; but utterly diſcharged of all vexation, trouble, or loſſe.

9. That no publick Warre by Land or Sea ought to be made or levied with or againſt any Forreign Nation, or Publick Truce or League entred into with Forreign Realms or States, to bind the Nation, without their Common advice and conſent in Parliament.

10. That the ancient, Honours, Manors, Lands, Rents, Revenues, Inheritances, Right, and perquiſites of the Crown of England, originally ſettled thereon for the Eaſe & Exemption of the people from all kind of Taxes, payments whatſoever (unleſſe in caſes of extraordinary neceſſity) and for defraying all the conſtant, ordinary p. 58expences of the Kingdome, (as the expences of the Kings houſhold, Court, Officers, Judges, Embaſſadors, Gariſons, Navy and the like) ought not to be ſold, alienated, given away or granted from it, to the prejudice of the Crown and burdening of the people. And that all Sales, Alienations, Gifts, or Grants thereof, to the empairing of the publick Revenue, or prejudice of the Crown and people, are void in Law, and ought to be reſumed, and repealed, by our Parliaments and Kings, as they have frequently been in all former ages.

For the Readers fuller ſatisfaction in each of theſe propoſitions (ſome of which I muſt ſhew here but briefly, touch for brevity ſake, having elſewhere fully debated them in print) I ſhall ſpecially recommend unto him the peruſall of ſuch Tractates, and Arguments formerly publiſhed, wherein each of them hath been fully diſcuſſed, which he may peruſe at his beſt leaſure.

The firſt of theſe Fundamentalls (which I …ntend principally to infiſt on) is fully aſſerted, debated, confirmed by 13. H. 4. f. 14. By Forteſcue Lord Chief Juſtice, and Chancellour of England, de laudibus Legum Angliae, dedicated by him to King Henry the 6. f. 25. c. 36. f. 84. By a learned and neceſſary Argument againſt impoſitions in Parliament, of 7. Jacobi: by a late Reverend Judge, printed at London 1641. By Mr. William Hakewell, in his Liberty of the Subject againſt Impoſitions, maintained in an Argument in the Parliament of 7. Jacobi: printed at London 1641. By Judge Crooks, and Judge Huttons Arguments concerning Shipmony both printed at London 1641. By the Caſe of Shipmony briefly diſcuſſed London, 1640. by Mr. St. Johns Argument, and Speech againſt Shipmony, printed at London, 1641. By Sir Edward Cook in his 1. Inſtitutes, p. 46. and 57. to 64. and 528. to 537. By the 1. and 2. Remonſtrance of the Lords and Commons in Parliament, againſt the Commiſſion of Array. Exact Collection p. 386. to 398. and 850. to 890. and by my own Humble Remonſtrance againſt Shipmony, London, 1643. The fourth part of the Soveraign power of Parliaments and Kingdomes, p. 14. to 26. and my Legall Vindications of the Liberties of p. 59England againſt Illegall Taxes, &c. London 1649. and by the Records and Statutes cited in the enſuing Chapter, referring for the moſt part to the firſt Propoſition.

The ſecond, third, and fourth of them are largely debated and confirmed by a Conference deſired by the Lords, and had by a Committee of both Houſes, concerning the Rights and Priviledges of the Subject, 3. Aprilis, 4. Caroli printed at London 1642. By Sir Edward Cook in his Inſtitutes on Magna Charta. c. 29. p. 45. to 57. By the 1. and 2. Remonſtrance of the Lords and Commons againſt the Commiſſion of Array, Exact Collection p. 386. &c. 850. to 890. By Judge Crooks, and Judge Huttons Arguments againſt Shipmony: By Sir Robert Cotton his Poſthuma p. 222. to 269. By my Breviate of the Prelates encroachments on the Kings Prerogative, and Subjects Liberties. p. 138. &c. My new diſcovery of the Prelates tyranny, p. 137. to 183. and ſome of the enſuing Statutes, and Records.

The fifth and ſixth of them are fully cleared and vindicated in and by the Prologues of all our Councils, Statutes, Laws, before and ſince the Conqueſt. By Sir Edward Cooks 4. Inſtitutes. ch. 1. Mr. Cromptons Jurisdiction of Courts. Title, High Court of Parliament: My Soveraign power of Parliaments and Kingdomes, p. 1, 2, 3, 4. My Legal Vindication againſt illegal Taxes, and pretended Acts of Parliament, London 1649▪ Prynne the Member, reconciled to Prynne the Barreſter, printed the ſame year. My Hiſtoricall Collection of the ancient great Councils of the Parliaments of England. London 1649. My Truth triumphing over Falſhood, Antiquity over Novelty. London 1645. and ſome of the Records hereafter tranſcribed. In this I ſhall be more ſparing, becauſe ſo fully confirmed in theſe and other Treatiſes.

The ſeventh is ratified by Sir Edward Cooks 1. Inſtitutes, p. 97, 98. 4. Inſtitutes p. 89. and 5. Report Cawdries Caſe of the Kings Eccleſiaſticall Lawes: and Raſtals Abridgement of Statutes. Tit. Proviſors, Praemunire and Rome, 11. H. 7. c. 1. and other Records and Statutes in the enſuing Chapter.

The eighth and ninth are fully debated in my Soveraign p. 60Power of Parliaments and Kingdomes, Part. 2. p. 3. to. 34. Part fourth, p. 162. to 170. and touched in Sir Robert Cottons Poſthuma p. 174. 179.

How all and every of theſe Fundamentall Liberties, Rights, Franchiſes, Lawes, have been unparalelledly violated, ſubverted, in all and every particular of late years beyond all Preſidents in the worſt of former ages, even by their greateſt pretended Propugners; their own printed Edicts, Inſtruments, Ordinances, Papers, together with their illegall oppreſſions, Taxes, Exciſes, Impoſts, Rapines, violences, Proceedings of all kinds, (whereof I ſhall give a brief accompt in its due place) will ſufficiently evidence, if compared with the premiſed propoſitions. Which abundantly confirm the truth of our Saviours words, John 10. 1. 10. and this rule of Johannis Angelius, Wenderhagen: Politicae Synopticae. lib. 3. c. 9. ſect. 11. p. 310. Hinc Regulae loco notandum, Quod omne Regnum Vi Armata acquiſitum in Effectu Subditis Semper in durioris Servitutis conditiones arripiat, licet à principio Ducedinem prurientibus ſpirare videatur. Ideo cunctis hoc cavendum, Nè temerè ſe duci patiantur.

FINIS.

End of the text · William Prynne, Vindication of Old Fundamental Liberties 2 (1654)