The Principal Rights of all English Freemen, Appendix
An Appendix to the Premiſes
IT hath been the antient Plot, and long agitated deſign of Robert Parſons, and other Ieſuites and their Inſtruments, under pretext of reforming the Common Laws and Statutes of England, to alter, ſubvert aboliſh the Great Charter, Common fundamental Laws of the Land, and principles of Government, whereon the Iuſtice of the Kingdom, and Liberty and Property of the Subjects are eſtabliſhed; as I have irrefragably proved at large, by Robert Parſons his Memorial for Reformation of England, written at Sevil in Spain, An. 1590. by William Watſon (a ſeminary Prieſt) his Quodlibets, printed 1601. p, 92, 94, 95, 286, 330, 332. A Dialogue between a ſecular Prieſt and a Lay-Gentleman, printed at Rhemes 1601. p. 95. William Clark (a Roman Prieſt) his Anſwer to the manifeſtation of Father Parſons, p. 74, 75. Robert Parſons own manifeſtation of the folly, and bad Spirit of certain in England, calling themſelves Secular Prieſts, f. 55. to 63. Mr. Thomas Smith his Preface to Mr. Iohn Daillae, his Apology for the Reformed Churches: Cambridge, 1653. p. 12, 13, &c. The Declaration of the whole Houſe of Commons, 15. Decemb. 1641. Exact. Collection, p. 3, 4. Ludovicus Lucius, Hiſtoria Ieſuitica, p. 318, 319, 535. and other Evidences in my Epiſtle to A ſeaſonable, Legal, and Hiſtorical Vindication of the good old fundamental Liberties, Rights, Laws of all Engliſh Freemen; and to A New Diſcovery of Free-State Tyranny, to which for Brevity I refer the Reader. That it hath been the Souldiers and Anabap…iſts deſign, endeavour, to put this their Ieſuitical Plot againſt our Laws in execution, under pretext of reforming the corruptions in the Law, and Lawyers, by the Tutorſhip of the diſguiſed Ieſuites (ſwarming amongſt us, and having a Conſiſtory and Councel abroad, that Rules all the affairs of the things of England; as their own General, O. Cromwell himſelf avers in poſitive terms to all our three Nations, and the world, in his printed Speech in the painted Chamber, September 4. 1654. p. 16, 17.) I have there likewiſe demonſtrated, and is ſo experimentally viſible to all men by their frequent Conſultations, Committees, Treatiſes, Diſcourſes, Votes, and Inſtruments ſet on work, to regulate our Laws, that it needs do further proof.
The excellently connaturalneſs, conveniency of the Laws of England to Engliſhmens tempers, is ſo fully expreſſed, demonſtrated by Forteſcue, in his Book De la…dibus Legum Angliae, Glanvill, Britton, and others of antient, and by Sir Iohn Davies in his Epiſtle to his Iriſh Reports, Sir Edward Cook in his Epiſtles to his Reports, Inſtitutes, with others of later times▪ by the very New Modellers of our old hereditary Kingdom, into a puny Free-State, in their Remonſtrance of March 17. 1648. and by Mr. Iohn Pym, and Mr. Oliver Saint-John, in their late Parliamentary Speeches, printed by the Commons Houſe ſpecial Orders; that I ſhall not ſpend waſte-paper to commend them, being the moſt excellent Laws of all others in the world, as they all unanimouſly reſolve. I ſhall only adde to their Encomiums of them: That the extraordinary care, diligence of our Anceſtors, and all our Parliamentary Councels in former ages, to maintain, preſerve, defend and tranſmit to poſterity thoſe good old Laws we now do or ſhould enjoy, with the laſt long Parliaments impeaching, beheading Strafford and Canterbury for Arch-traytors for endeavouring to ſubvert them with their innovations on the one ſide, and the late King and his Partiſans on the other ſide, in above *In the Collections of Ordinances, printed by both Houſes orders.500 printed Declarations, Orders, Ordinances, Proclamations, Remonſtrances; that the principal end of all their conſultations, arms, wars, taxes, Impoſitions, expences of infinite Treaſure and Bloud, in all the unhappy conteſts againſt each other; was inviolably to defend, maintain our Laws and the Subjects Liberties, ſecured by them as their beſt Patrimony, Birthright, and Inheritance; the inſerting thereof into all their Generals and Military Officers Commiſſions, and all Ordinances, to raiſe monies for the Armies pay; is an unſwerable evidence of their tranſoendent excellency, utilility, preciouſneſſe, value, eſteem, in the eyes of our Parliament and whole Nation: And a convincing Diſcovery of the Ieſuitical Infatuation, folly, frenzy, treachery of thoſe Swordmen and their Confederates, who now revile, traduce, and endeavour all they may, to reform, alter, ſubvert thoſe very Laws, and Liberties which they were purpoſely commiſſioned, waged, engaged inviolably to defend, both by the Parliament, and People, and for which end they formerly profeſſed, declared in many printed *Printed 1647.Romonſtrances of their own, they fought and hazarded their lives in the field; yet now would conquer, and trample under feet, as if they had only fought againſt them and our hereditary Liberties confirmed by them.
I muſt confeſs, there are ſome few Grievances, Abuſes, not in the Theory, but Practice of our Laws (introduced by diſhonest Attorneys and Sollicitors for the moſt part) fit to be redreſſed by the Iudges of the Law, (as ſome of them have been upon complaint) which I my ſelf had many years ſince reformed (as I told Mr. Shepheard upon his fore mentioned motion to me) had not thoſe Army-men violently pulled me with other Members out of the Honſe; and interrupted the ſettlement, peace, liberty, eaſe from taxes, exciſes, and good Government of the Kingdome, by a happy cloſe with the late King, upon more ſafe and honourable terms of Freedom and happineſs to the whole Nation and our Parliaments, than ever we can hope for from our New Governours or Sword-men; to uſurp the Soveraign Power of King and Parliament into their own hands, and perpetuate our Wars, Taxes, Exciſes, Armies, and Military Government upon us, from generation to generation, as experience now manifeſts beyond contradiction, not for the peoples ſafety, eaſe, wealth, tranquillity, as they then pretended: which people though they then cried up, *January 1648.voted for the only Supreme Authority; their free elections for the only Baſis of all lawfull Magiſtracy, Power, in and over the Nation, and their ſafety as the Supreme Law; yet now they imperiouſly trample upon as their conquered ſlaves, and both by their publike ſpeeches, actions, proclaim to all the world, They now no more value them than they doe the very Acorns of the Swine, or duſt of their feet, no further than they are ſubſervient to their own aſpiring deſigns, and ſelfiſh ends.
For thoſe few remaining Abuſes in our Laws execution yet unredreſſed by former Laws, as they no waies concern the army, or army-Officers as Souldiers, being out of their calling, Commiſſion, and fit only for Iudges, or Parliaments in their defaults, to redreſſe: So they concern not the generality of the People (many thouſands of them having no ſute at Law in all their lives, and the moſt of them very rarely) but for the moſt part only ſome Litigious, contentious perſons, who out of their pride and animoſity, occaſion theſe abuſes, and prolongatio…s of ſutes in Law, which they and others complain againſt, and therefore are juſtly puniſhed and rewarded by them; the expenſiveneſſe and tediouſneſſe of their Law ſutes, being the beſt means to correct, cure their contentious malicious ſpirits: other ſutes between peaceable perſons being ſoon determined without any great expence, or length of time, if diligently proſecuted by honeſt Lawyers, Attorneys, and Sollicitors.
But the Grievances theſe Martial Reformers of our Laws have introduced, under pretext of reforming ſome petty Abuſes in the practice of the Law and Lawyers, are of a far more grievous, generall, and tranſcendent nature, ſubverting the very Fnndamental Laws and Liberties of the whole Nation; and burthening them with two or three Millions of extraordinary Taxes, Expences every year, whereas all the abuſes in the Law if rectified, amount not to above 5 or 6 thouſand pounds a year at the moſt, and thoſe volunt…rily expended by litigious perſons, not exacted from, or impoſed upon any againſt their Wills, as Taxes, Exciſes, Impoſts, Tunnage and Poundage now are by the Souldiers, without Act of Parliament againſt our Laws. Which if redreſſed by the Swordmen now, is not out of any affection towards, or deſign to eaſe the People, but out of ſpleen to the Profeſſion and Profeſſors of the Law, and to increaſe the Peoples monthly Taxes to the Souldiers, and maintenance of their new war, to tenfold the value every year at leaſt, to what they now expend in Law-ſutes by reaſon of theſe abuſes they would now redreſſe; which will be nothing ſo grievous, expenſive to the People, as thoſe alterations they intend to make in our Laws and legal conveyances, which will but multiply Sutes, and draw all mens eſtates into future ſequeſtration in few years ſpace.
There are four things ſpecially provided for by our Fundamental Laws, and the original conſtitution of our Government, which principally concern all the Freemen of England in General, above all things elſe.
1. The Privileges and Fredome of their Parliaments and their Members.
2. The ſafety and liberty of their Perſons.
3. The propriety of their Eſtates.
4. The Free courſe of Common Law, Right, Juſtice.
All which our Army Reformers have lately violated in the higheſt degree, beyond the Preſidents of the worſt of former ages, againſt all Laws of God and the Land, their own Commiſſions, Truſts, Declarations, Proteſtations, Vowes, Leagues, Covenants, Engagements, without any colour of lawful Authority; to the whole Nations intollerable Grievance, Injury, Oppreſſion, Impoveriſhing, enſlaving, and yet would be reputed the only juſt, upright, faithful, righteous, conſcientious Protectors, Reformers of our Laws, Grievances, government, and Gods most precious Saints; and all others meer Malignants or Diſaffected perſons to Liberty and Reformation, who oppoſe or diſlike their proceedings, ſecluding them out of their New Parliaments as ſuch, when elected moſt freely by the People.
1. For the Privileges, Freedom of Parliaments, and their Members, formerly held moſt ſacred and inviolable, cSee the Epiſtle and Appendix to my Speech in Parliament, and the History of Independency.They have in their own and the Armies name, impeached, impriſoned, ſuſpended from ſitting, many Members of both Houſes; marched up profeſſedly againſt them; contrary to their Truſts, Commands, and the expreſſe Statutes of 5 R. 2. c. 4. 5. H. 4. c. 6. 8 H. 6. c. 1. 4 H. 8. c. 8. forced them to retract their own Orders, Votes, Ordinances; eject, impriſon their own Members, and Vote what they preſcribed them. Since which they impriſoned, cloſe impriſoned my ſelf, with ſundry other Members, in remote Caſtles, ſundry years, without any cauſe, hearing, or recompence for this tranſcendent injuſtice; And not content herewith, they contrary to both Houſes Votes ſeiſed, impeached, abuſed, condemned, beheaded the late King, dCook 4 Inſtit. c. 1. & modus Teneadi Parliam.The head of the Parliament; ſuppreſſed, aboliſhed the whole Houſe of Lords, the antienteſt, chiefeſt Members of it; ſecured, ſecluded the greateſt part of the Commons Houſe; and forcibly diſſolved the Parliament it ſelf by the Sword, without any writ, contrary to an expreſſe act of Parliament. And how they have diſturbed, ſecluded, abuſed, diſſipated, diſhouſed their own mock-Parliament, and their Members even in the like manner; How they and their new Inſtruments have New-modelled that they now call our Parliaments; how they have deprived many antient Burroughs, Cities, of their right of electing Burgeſſes, or of ſo many Burgeſſes as they ought, contrary to their Charters, and the expreſſe Statutes of 5 R. 2. c. 4. 1 H 5. c. 1. 32 H. 6. c. 15. 9 H. 8. c. 18; diſabled many thouſands of their Votes in Elections, who have Voices, and enabled others to be Electors who have no Votes by our Laws; incorporated Scotiſh, and Iriſh Knights, Burgeſſes as Members into their late Parliaments, and interrupted the Freedom of Elections, by Letters, Menaces, armed Troops, Soldiers, and other indirect means, againſt the Statute of 3 E. 1. c. 5. the great Charter, and Conſtitutions, Laws, Rights, Privileges of our Parliaments; (to make what Perſons and Number of their own creatures they pleaſe, a pretended Parliament, to bind our three Nations (by colour of a void, illegal Inſtrument, made ſodenly by a few Privadoes of their own in a corner; having no more legal force to bind our three Nations or Parliaments, than a Fiddle-ſtring, or the new Cords wherewith the uncircumciſed Philiſtines by their treacherous Dalilah bound Sampſon of old; which he brake from off his arms like a threed, Judg. 16. 12.) All which is ſo well known to themſelves, and others, that I ſhall not inſiſt any further thereon. And are not all and every of theſe far greater abuſes, & of more general important concernment to the whole Nation, than any they would now reform, or declaim againſt in our Laws, or Lawyers? fit now to be redreſſed? being adjudged no leſſe than High Treaſon in others; not only by the *See the Epiſtle to my Speech in Parliament, p. 15, 16.Parliaments of 4 E. 3. n. 1. 21 R. 2. cap. 12. 1 H. 4. rot. Parl. n. 21, 22. 31 H. 6. c. 1. 3 Jac. c. 1, 2. and in Chaloners and Tomkins caſe June 14. 1647. in the laſt Parliament of King Charles, A Collection of Ordinances, p. 200. to 206. but likewiſe by the Army Officers eTheir Remonſtrance and Repreſentation, Aug. 2. & 18. 1 & 7 Decem. 1647. Their Charge, June 14. 1647.themſelves; yea the very ground-work of all the uncapabilities, penalties, ſequestrations, decimations, forfeitures, they have impoſed on others for levying warre, and adhering unto the late King againſt the Parliament; which they but mediately and indirectly oppoſed and warred againſt, but themſelves immediately, actually, directly warred upon, ſeiſed, ſecured, diſſolved, deſtroyed, againſt their Truſts, Commiſſions to defend both the Parliament and the Members of it from force and violence: and therefore are the *Their Inſtrument of Government, art. 14. 16.far greater Delinquents, and uncapable to give any voice to elect any Members, or to be elected or ſit in the three next Parliaments, by their own ſelf-condemning Cenſures, Declarations, fArticle 14. 16.New inſtruments, and Verdicts paſſed againſt others; and by St Pauls own Verdict, Rom. 2. 1, 2, 3. are inexcuſable, and ſhall not eſcape the judgement of God: though they eſcape the ſentence of all humane Tribunals, for their offences of this nature.
2. For the ſafety and liberty of their Perſons, theſe Army-Reformers have contrary to the Great Charter, all other Fundamental Laws, Statutes, the Petition of Right it ſelf, and premiſed Votes in the Parliament of 3 Caroli, in New-created Military Courts of Iuſtice, impeached, condemned, executed not only the late King and ſundry Nobles, but likewiſe Knights, Gentlemen, and other Freemen of all rancks, callings, without any lawfull Inditement or Tryal by their Peers, for offences not capital by our known Laws; Forcibly apprehended by armed Troopers, the Perſons of Parliament-men, Noblemen, and others of all ſorts; impriſoned, cloſe-impriſoned them in remote Caſtles, under armed Guards, and tranſlated them from one Caſtle to another, and my ſelf amongſt others, without any legall examination, accuſation, hearing, or cauſe expreſſed; baniſhed ſome, and impriſoned others, (yea ſome of their own Military-Officers, and greateſt Friends) in thoſe forein Iſles, Castles, (whither the Prelates and Old Council-Table Lords, baniſhed me and my fellow-brethren heretofore) without any legal Sentence; impriſoned, cloſe impriſoned thouſands at a time upon ſudden carnal fears and jealouſies, (unbeſeeming Saints, Chriſtians, or men profeſſing ſo much faith, confidence in God, and ſuch ſignal ownings both of their Perſons and preſent Powers by God himſelf, as they have done in publick or private from time to time, and having an whole Army to guard them) and dragging them out of their Houſes, beds, in the night by Souldiers, and ſhutting them up in inconvenient places; baniſhed multitudes from time to time, from London and other parts, for ſundry months together; confined others to certain places; impreſſed thouſands for Land and Sea-ſervices, and forein imployment (as well Apprentices as others) againſt their wills, and carried them away perforce to, and others from forein Plantations, to the Indies, where they have loſt their limbs, lives, to the ruine of their families and Maſters. Degraded all our Nobles without any lawfull cauſe or hearing, of all their perſonal, hereditary Powers, Truſts, Commands: Disfranchiſed, diſofficed Judges, Juſtices, Recorders, Maiors, Aldermen, Common-council-men, Freemen, Servants, and many ſuch very lately even by Major Generals, and their Deputies at their pleaſures, taking far more Authority upon them now in all places in this and other kinds, than ever any Kings of England did, in late or former ages. And that which tranſcends all Preſidents, impriſoning Lawyers themſelves, as grand Traytors, and Delinquents in the Tower of London, only for arguing their Clients Caſes, according to their Oaths, Duties, in defence of their Common Fundamental perſonal Liberty and property, when illegally committed for refuſing to pay unjust Exciſes and Impoſts, without Act of Parliament, in the late caſe of Mr. Cony, and threatning to impriſon others for proſecuting lawfull ſutes: when as the late King they beheaded for a Tyrant, freely permitted my ſelf, and other Lawyers, to argue the caſes of Knighthood, Loans, Shipmony, Impoſts, Tonnage and Poundage, which ſo …uch concerned him, without impriſonment or reſtraint. And are not theſe, with the denying Habeas Corporaes to ſome, ſtoping the returning, or benefit of them when returned, to others, far greater Grievances, Abuſes (which concern every Subject alike, and ſtrike at the Foundation of all our Liberties) than any theſe Sword-men diſlike or declame againſt in our Laws or Lawyers? fit now to be redreſſed. If any private perſon injure any Freeman in any of theſe kinds forementioned, he may be remedied and recover dammages by an Action of the Caſe, Trespaſs, or falſe Impriſonment; but being thus injured by our New Whitehall Grandees, Swordmen, Souldiers, Committees, Exciſe-men, Major-Generals, their Deputies, or Deputy Deputies, who all impriſon, disſranchiſe, oppreſſe men at their pleaſures, (which fForteſcue c. 8. 1 H. 7. 46. 16 H. 6. Fitz. Monſtran. d' Faits 182.none of our Kings could do) he is now left deſtitute of all relief or recompence by Law, or ordinary courſe of Juſtice, and impriſoned by Committees of Indemnity, if he ſue, and forced to deſiſt, or releaſe his action, having no Lawyer who durſt to plead his cauſe, for fear of imprifonment, nor Judge to releaſe him, for fear of diſplacing; ſuch is our preſent, worſe than Turkiſh Thraldom, under theſe Grand Reformers of our Laws, and New-found Guardians of our Liberties, crying out aloud to Heaven and Earth for preſent redreſſe.
3. For the Propriety of their Eſtates; ſo fenced, vindicated, ſecured by the forecited Parliamentary Votes, Acts, and Petition of Right; alas! what is become of it? Have not theſe Sword-Reformers forcibly diſſeiſed, diſ-inherited not only our Kings, Nobles, and other Officers of their Hereditary Honors, Dignities, Offices, Franchiſes, but likewiſe them, and thouſands more, their Heirs, Succeſſors, Wives, Children, Kinred, of their Palaces, Mannors, Houſes, Lands, Poſſeſſions, Rents, Revenues, real and perſonal Eſtates, without any other Law or Title but (that of Theeves and Pirates, Turks and *See Purch. … Pilgrinage Bo. 6. c. 6. & H…ylyns Microcoſm.Mamalukes) the longeſt Sword? Againſt not only all Laws of the Land, but the very eighth and tenth Moral Commandements of God himſelf, now practically quite expunged out of their Decalogue? And do not all elſe hold their Lands and Eſtates as Tenants at will, to theſe ſupream new Land-Lords, who upon any New coined Delinquency, or pretended plots, really ſequeſter, or confiſcate them at their pleaſures by the ſelf-ſame Law and Title? Yea where as all our Kings in former ages took Aids and Subſidies from our Anceſtors only as 1Sec Baſtals Tenths and taxes & all the the Acts for Subſidies, Tunage and Poundage.as their free Gifts and Grants in Parliament, and that in moderate proportions, to wit, one Fifteen, Tenth or Subſidy, and no more in antient times, and but two or three Subſidies an… Fiftoens of later daies, payable at ſundry times, in divers years, for which our Kings returned them hearty thanks in their Anſwers to thoſe Grants, and granted them New 2Magna …arta c. 37 & 52 H. 3. …. 5. 25 …. 3. c. 1, 2. c. 28 H. 8. c. 1. M…. Paris Hiſt. Angliaep. 311. 355. 367. 421. 576. 624 688. 838. 833. 338. 940, 941. 960.Confirmations of their Laws, Liberties and the Great Charter, when violated, together with beneficial General Pardons in recompence of theſe their Aids and Subſidies (though for publick uſes and defence) which they never claimed nor impoſed in the Clergy or Laity, but by their ſeveral free Grants in full and free Parliaments, and Convocations of the Clergy, (as all our Parliament Rolls, our imprinted Acts, Hiſtories, and 34 Inſtitut…s c. 1. p. 10 25…0 35.Sir Edward Cook at large inform us) Do not theſe our New Military Reforming Soveraigns (as if they were more than Kings) without any free gift, grant, or Act of Parliament in a full and free Parliamentary Aſſembly, by their own New uſurped Power, (without any thanks at all to the People, or confirmation of their violated Laws, Liberties, Privilges, or general Pardons) againſt all former Acts, and Parliamentary Votes, impoſe both on the Clergy and Laity, againſt their Wills, (beyond all Preſidents of former ages) what exceſſive heavy monthly Taxe, s Exciſes, impoſts, tunnage, poundage, and other payments they pleaſe upon the w…ole Nation, without intermiſſion (which their new comodelled Parliaments themſelves muſt, nor alter nor controll by the 27, 28, 29 Articles of their Instrument) and levy them by armed Souldiers, Violence, impriſonments, quartering, and other great penalties, fines inflicted on the Refuſers of them, and diſpoſe of them at their pleaſures when levied, without giving any account thereof to the Nation? yea force them to pay their contributions ſome months before they grow due; when no Land-lord can receive his Rents, nor Creditor his debts to pay theſe Taxes, till at, or after the time they become due? And all to enſlave, impoveriſh the Nation, to carry on new Wars, without conſent of Parliament, and gain new Conqueſts abroad, whiles in the mean time our Merchants are robbed, undone, our trading decayed by theſe taxes, wars, and forwant of well-guarding the Seas at home. And not content with theſe ordinary Monthly contributions, exciſes, impoſts, have not theſe Refarmers, without any legal Trial, hearing, conviction of New Delinquency gSee my Goſpel plea for the Miniſters of the Goſpel.(oft endeavouring to take away all Miniſters Tithes, though due unto them Jure divino, as well as by the Laws of the Land) exacted the Tithes of all formerly ſequeſtred perſons, their heirs and Widows eſtates, improved according to the beſt improved valu, by a late Decimation, (for which there is no divine nor human Law or Right) notwithſtanding all former compoſitions, Pardons under Seal, Articles of War, their own Act of Oblivion, their late inſtrument of Government, and oath for its obſervance; beſides all our antient Laws, exempting them there from, yea notwithſtanding this ſacred Canon Ezech. 18. 20. The Son ſhall not bear the iniquity of the Father; with this Maxim in our Law, Tranſgreſſio perſonalis moritur cum perſonâ; when as yet many Sons, yea ſome Infants are merely decimated for their Fathers, and Wives Jointures, Dowe…s charged for their Husbands delinquenoies; Nay which is yet more barbarous, illegal, hundreds of Orthodox, able, godly, learned, Proteſtant Miniſters of our Church, without any hearing or crime at all, for their former expiated pardoned miſtake, in being addicted to the late Kings party, are not only turned out of all their livings, lectures, fellowſhips, ſchools at once; but likewiſe prohibited to preach, teach School, in publike or private, or to be entertained as Chaplains in private Houſes, to ſupport themſelves, wives, children; or to adminiſter the Sacrament, or mary any, under pain of impriſonment, baniſhment: And may not all our other Proteſtant Orthodox Miniſters, School-Maſters, Scholars be thus ſmi…ten down, and ſuppreſſed at once, by the like club-law and juſtice, of which this Preſident is a very ſad preſage? Moreover do not theſe Reformers ſeiſe mens Horſes, Arms, Swords, fouling, birding pieces, (yea the very Armorets, Chand…rrs, Arms and Ammuntion, though their ſtock, wa…es, trade, livelihood) at their pleaſures, upon every pretended plot, fear, jealouſie? Yea do not Souldiers, Exciſe-men and their agents break open, ſearch, ranſack mens Houſes Studies, Trunks, Cheſts, both by day and night, and' take away their Goods, Chattels, yea their Writings' Records, Papers (as they hSee my New Diſcovey of Free-ſtate Ty…a…n….did mine,) at their pleaſures; againſt all Law, and many late Parliament Votes, Nay have not they forced thouſands of all ſorts to enter into great penal Bonds of late, with ſureties, both for themſelves and all their Servants, containing ſtrange, unheard-of iAdjudged illegal 1 E. 3. c. 15. and 1 E. 3. rot. 2, 3 4.illegall Conditions, and forced them to pay, ſome 10 s. others 5 s. others 2 s. 6 d. for every Bond, (an unparalleld oppreſſion) though many of them not worth ſo much, under pain of Impriſonment, ſequeſtration, and baniſhment in caſe of refuſal: to omit all other extorted fees by Marſhals, Lieutenants, Officers of the Tower, and others, from Priſoners; by Souldiers for levying pretended arrears of Taxes, and of Exciſe-men, and their Inſtruments? And are not theſe more grievous abuſes, fit to be redreſſed, than any coruptions, exceſſes, fees in Lawyers, or our Laws? No private Perſon or Lawyers can take one farthing from another againſt his will, nor do the leaſt prejudice to his reall or perſonal eſtate againſt Law, but he may have preſent remedy for it. But theſe New Reformers, by Exciſes, Impoſts, Contributions, Decimations, Sequeſtrations, and new-invented forfeitures, can forcibly extort, and levy ſome Millions of pounds from the whole Nation, every year, againſt their wills, all our Laws, yea ſtrip whole families of their Inheritances, without any remedy by Law or otherwiſe: yet this muſt be no grievance or injnſtice at all in them, though the Higheſt Treaſon, and unpardonable crying offences, in Strafford, Canterbury, the old Council-Table, and beheaded King; but a moſt righteous proceeding, neceſſary to be ſtill purſued if not now eſtabliſhed by a New Law, inabling them ſtill to tax and poll us at their pleaſures, without any future Parliaments or redreſſe.
4. For the free courſe of the Common Law, Right, and Juſtice, according to Magna Charta, c. 29. We will deny, nor deferre to no man Iuſtice or Right. It was never ſo much obſtructed in any age by any perſons, as by theſe new Reform does of our Laws. Witneſs their unparalleld late Whitehall Ordinances, touching their illegal Exciſes: which not only indempnifie all Exciſemen, and their Aſſistants againſt all actions (k) 4 Decemb. & 17 March, 1653. May 4. 1654, &c.to be brought against them, or other moleſtations by all parties grieved; but expreſly requiring, injoyning all Courts of Iuſtice of this Commonwealth, and all Judges and Iuſtices of the ſame, Sheriffs, Counſellors, Attornies, Sollicitors, and all other perſons to conform themſelves accordingly, Without any oppoſition or diſpute whatſoever; So that now no Court of Juſtice, or Judge muſt or can right; nor any Lawyer, Attorney, Sollicitor, or other perſon, plead, argue or proſecute any ſute at Law againſt any illegal Exciſe, Tax or Impoſition, though never ſo unjuſt and oppreſſive; nor againſt any Levier of them, or impriſoner of refuſers of them, under pain of being diſ-Iudged, (like Thorp, Nudigate, and Rolls of late) or being committed to the Tower, as Mr. Maynard, Twiſden, and Wadham Windham were, for arguing Coni…s caſe againſt theſe Whitehall Ordinances. A ſlavery worſe than that of the lSee my ſecond Demurrer to the Jews Remitter into England.Engliſh Iews of old; To omit all former inforcements of well affected plundered perſons and others, to releaſe their Actions, Judgements, Executions againſt Cavaliers, Souldiers, and others, and to pay them dammages, and coſts of …ute beſides, to their undoings, by their Councils of War, and Committees of Indemnity, of which there are hundreds of ſad Preſidents; I ſhall only touch their new Major Generals, Captains, Lieutenants, and others late Abuſes of this kind, in ſending for Lawyers, Attornies, Sollicitors, Parties, by Souldiers and other Meſſengers, and forcing them by menaces, terror, and threatned impriſonments to releaſe their Actions, Iudgements, Executions, and to referre all ſutes depending in Courts of Equity or Iuſtice, to their own hearing and determination. Their examining, controlling, reverſing Orders, Iudgements, Decrees, made not only by Iudges, Iuſtices, and others, in Courts of Law and Equity, but even by Committees of Parliament, and the Commons Houſe it ſelf: their ſending for ſome perſons in Cuſtody who refuſed to attend them, upon references, and others ſundry miles, and making them dance attendance on them from day to day upon bare Petitions and falſe ſuggeſtious of clamorous perſons, after ſeveral Iudgements, Decrees in Courts of Iuſtice, Equity, Parliaments, and former references by the late King, ſeconded with many years quiet enjoyment, for lands recovered againſt them, to their intollerable expence and vexation. A preparative to ingroſſe all Law and Iuſtice for the future into their own hands alone, and ſuppreſſe all Courts of Iuſtice, Iudges, as dull and uſeleſſe tools, as ſome of late have ſtiled them. And are not theſe far heavier, ſadder Grievances, abuſes worthy redreſſe, than any theſe Reformers complain of in our Laws or Lawyers?
If our Sword-men imagin, their Victorious Succeſſes will ſtill bear them out in all theſe their illegal extravagances, againſt all Laws, Tribunals both of God and Men; let them remember, that *T…og…s Pom…etus, & Juſtin. Hiſt. l. 1. Hero…io…us, l. 1. …. Diodorus Siculus, lib 2.Cyrus King of Perſia, after his victorious conquests of Aſtyages, Croeſus, all Aſia, and the Eaſt, with a great part of Scythia, and 30 years reign, with continual and admirable Succeſſe; was at laſt (after a great victory over the Scythians) ſodenly ſurpriſed and ſlain by Thomyris Queen of Scythia, and his whole old victorious Army of two hundred thouſand Perſians put every man to the ſword, not one of them eſcaping to bring back tydings of this their admirable univerſal overthrow and ſlaughter. After which his head was cut off by the Queens command, and thrown into a Veſſel filled with mans bloud, with this exprobation of his cruelty, Satia te ſanguine quem ſitiſti, cujuſque inſatiabilis temper fuiſti. That *Paterculus Hiſt. l. 2. & 3. Plutarch. in his Life.Pompey the Great, that glorious and famous Roman, after his Conqueſts of, and 3. publike Triumphs (decreed him by the Roman Senate) over Europe, Aſia and Africa, (the whole known World in that age) which he had ſubdued, was yet at laſt conquered by Iulius Caeſar his Corrival, and forced to fly into Egypt; there taken and beheaded by a ſlave, and his carkaſs lef unburied on the ſands, as a prey to the birds and beasts; ſo that he who formerly wanted earth for him to conquer, now wanted earth to bury him; ſuch was the viciſſitude of his fortune (as Paterculus obſerves.) And not long after this Great Conquerour *Suetonius, Plutarch, Futropius, G…rimſton, and o…hers in his L…fe.Caeſar, was ſodenly stabbed to death in the Senate Houſe by his own Friends in whom he most confided, for his ambitious Tyrannical uſurpations over the Senate and people; Enough to make all other uſurping oppreſſing Swordmen tremble (not half ſo great Conquerors as either of theſe three) notwithſtanding all their former ſucceſſes; which ſhould rather humble and make them more juſt, righteous towards the people, for whoſe Lawes and Liberties they pretended they only fought againſt arbitrary Tyranny, Impoſitions and Rapine, than more arbitrary, inſolent, exorbitant, oppreſſive than thoſe they fought againſt, and ſuppreſſed; and that upon the conſideration of 2 Chron. cap. 10. 2 Kings 14. 8. to 15. Mich. 2. 1, 2, 3, 4, 5, 7, 8, 9, 10. Ierem. 34. 8. to 22. and Rom. 11. 17. to 22. which I deſire them ſeriouſly to peruſe and meditate upon at their leiſures.
To theſe forenamed 4. Generals, I might add their New Voluminous Whitehall folio Edicts, Ordinances, repealing, altering our former Laws and Statutes in many particulars, impoſing new Taxes, payments, forfeitures, impriſonments, fines, penalties on the people, aad ſuch as ſhall infringe them; Their converting all Prizes taken by their Men of War, to private Vſes, and their publike Treaſury, without repairing or ſatisfying our Merchants Loſſes by Pyracies and Wars in the firſt place, by whoſe Cuſtoms and for whoſe Safety they are principally maintained, and whoſe damages ſhould be therefore in juſtice, conſcience, firſt repaired; Major Generals and their Deputies ſuppreſſing of Innes, Taverns, Alehouſes (like abſolute Juſtices) without any legal Authority, and then ſetting them up again ſoon after, through the mediation of Friends or mony: Their riding in circuit with thoſe who are their Iudges to overawe and controll them; their open abetting and countenancing of cauſes; their great deſtruction of the timber of the Nation, againſt ſundry Statutes, their building of new ſtately Houſes, Gardens, &c. upon the peoples and the publick ſtock; the ſharing of the publike Lands and Revenues of the kingdom amongſt themſelves, which ſhould defray publike expences, now fit to be reformed, as in former ages; Their making Sectaries and illiterate Sword-men, and other perſons of mean quality, who underſtand neither Law nor Iuſtice, their Iuſtices of Peace, and Committee men in ſundry places, againſt former Statutes: Their impoſing, adminiſtring Oaths to men without any Legal Commiſſion or Law (as every Swordman now preſumes) a Praemunire and grand Offence in former ages: With ſundry more generals, which I pretermit, the particulars whereof would amount to many Baronian Tomes, if at large recorded, being worthy the conſideration of the approaching Aſſembly, if not of reformation. Which Aſſembly being purpoſely called, as theſe Army Officers, and Major Generals report, and ſome Whitehall Letters import, for the reformation of our Laws, and for the healing and cloſing up of the wounds, breache… of our diſtracted, diſcontented Nations; which my skill in Chirurgery and Politicks, and the method of all former Parliaments aſſures me can never perfectly be healed and cloſed up, without danger of r…lapſe & breaking out again with greater, pain, danger, violence, unleſs they be firſt ſearched, lanced, and laid open to the bottom, & then perfectly cleanſed, and incarnated, without leaving any core or Corruption underneath. I have thereupon (to gratifie Mr. Shepheard, and diſcharge my bounden duty to my Profeſſion and Country) thus briefly anatomized and laid them open to publike view, to the end they may (through Gods bleſſing) receive a ſpeedy, ſound and perfect, not ſuperficial palliative Cure, without any other ſiniſter deſign. Now the grand Phyſician both of Souls and States give ſo effectual a bleſſing and ſucceſſe to theſe few leaves, that they may prove like the leaves of the tree of life, Rev. 22. …2. for the healing of the Nations; That God may not now ſay of England, as he did once of Iſrael, Jer. 30. 13, 14, 15. Thy bruiſe is incurable, and thy wound is grievous, There is none to plead thy cauſe that thou maiſt be bound up: thou haſt no healing medicins: All thy lovers have forgotten thee; they ſeek thee not; for I have wounded thee with the wound of an Enemy, with the chaſtiſement of a cruel one, for the multitude of thine iniquities, becauſe thy ſins are encreaſed.
FINIS.
End of the text · William Prynne, The Principal Rights of all English Freemen (1656)