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<DATE>2009-04-17</DATE>
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<NAME>Pip Willcox</NAME>
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<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>A
SEASONABLE, LEGALL,
AND
HISTORICALL VINDICATION
AND
<HI>Chronologicall COLLECTION</HI> of the Good, Old, Funda|mentall,
<HI>Liberties, Franchi&s;es, Rights, Laws of all Engli&s;h Free|men</HI>
(their be&s;t <HI>Inheritance, Birthright, Security,</HI> again&s;t
<HI>Arbitrary, Tyrannicall, and</HI> Egyptian <HI>Burdens</HI>) and of their <HI>&s;tre|nuous
Defence in all former Ages;</HI> of late years mo&s;t <HI>dangerou&s;ly
undermined, and almo&s;t totally &s;ubverted,</HI> under the &s;pecious
<HI>Di&s;gui&s;e</HI> of their <HI>Defence</HI> and <HI>future Establi&s;hment,</HI> upon a <HI>Sure
Ba&s;is,</HI> their Pretended, <HI>Greate&s;t Propugners.</HI></P>
<P>Wherein is
Irrefragably evinced by <HI>Parliamentary Records, Proofs, Pre&s;idents,
That we have &s;uch</HI> Fundamentall <HI>Liberties, Franchi&s;es, Rights, Laws, That
to attempt or effect the Subver&s;ion of all or any of them, (or of our Fun|damentall
Government) by Fraud or Force,</HI> is <HI>High Trea&s;on:</HI> The principall of
them &s;ummed up in <HI>9 Propo&s;itions:</HI> The chief printed <HI>Treati&s;es</HI> a&s;&s;erting them,
&s;pecified: <HI>A Chronologicall History of our Ance&s;tors zeal, vigilancy, courage,
prudence, in gaining, regaining, enlarging, defending, oft confirming, and perpe|tuating
them to posterity,</HI> by <HI>Great Charters,</HI> Statutes, New <HI>Confirmations, Ex|communications,
Speciall Con&s;ervators, Con&s;ultations, Petitions, Declarations,
Remonstrances, Oaths, Prote&s;tations, Vows, Leagues, Covenants,</HI> and like|wi&s;e
by their <HI>Arms,</HI> when nece&s;&s;itated during all the <HI>Britons, Saxons, Danes,
Normans</HI> and <HI>Engli&s;h Kings</HI> Reigns, till this pre&s;ent; collected for pre&s;ent
and future publick benefit: With a Brief Touch of their late <HI>unparalelled
Infringements</HI> and <HI>Subver&s;ions</HI> in every particular: The <HI>Triall of all Ma|lefactors</HI>
by their <HI>Peers,</HI> and <HI>Juries,</HI> ju&s;tified, as the onely <HI>legal, be&s;t,</HI> mo&s;t <HI>in|different;</HI>
and all other late arbitrary Judicatories, erected for their Triall, ex|ploded,
<HI>de&s;tructive both to our Fundamentall Laws and Liberties.</HI></P>
<P>Collected, recommended to the whole <HI>Engli&s;h Nation,</HI> as the be&s;t <HI>Legacy,</HI> he
can leave them.</P>
<P><HI>By</HI> William Prynne <HI>of</HI> Swain&s;wick, <HI>E&s;quire.</HI></P>
<BIBL>P&s;alm 11. 3.</BIBL>
<Q>If the <HI>Foundations</HI> be de&s;troyed, what can the righteous do?</Q>
<BIBL>P&s;alm 82 5.</BIBL>
<Q>They know not, neither will they under&s;tand, they walk on, <HI>&amp;c.</HI></Q>
<BIBL>Dan. 7. 24 25, 26.</BIBL>
<Q>And another &s;hall ari&s;e after the Kings, <HI>&amp;c.</HI></Q>
<P><HI>London</HI> Printed for the Authour, and are to be &s;old by <HI>Edward
Thomas</HI> in <HI>Green Arbour,</HI> 1654.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="vindication">
<PB REF="2">
<PB N="1" REF="2">
<HEAD>A Sea&s;onable, Hi&s;torical, Legal,
VINDICATION,
AND
CHRONOLOGICAL COLLECTION</HEAD>
<HEAD TYPE="sub">Of the good Old Fundamental Liberties,
Franchi&s;es, Rights, Laws, of all Engli&s;h Freemen;
(their be&s;t Inheritance, Birth-right, Security, again&s;t
Arbitrary Tyranny, Egyptian Slavery and Burdens)
of late yeers mo&s;t dangerou&s;ly undermined, oppug|ned,
and almost totally &s;ubverted, under the &s;peci|ous
feigned Di&s;gui&s;e of their Defence, Enlarge|ment,
and future E&s;tabli&s;hment upon a &s;ure Ba&s;is.</HEAD>
<P><HI>_IT is an univer&s;al received</HI> Principle,
<HI>and</HI> experimental Truth, <HI>beyond all
contradiction,</HI> That no natural &s;tru|cture,
no artificial Building, no Civil
or Eccle&s;ia&s;tical Corporation, Realm,
Reipublike, Government, or Society of
men; no Art nor Science what&s;oever,
can po&s;&s;ibly be erected, &s;upported, e&s;ta|bli&s;hed,
pre&s;erved, or continued in their
being or well-being, without <HI>FOUNDATIONS; whereon
as they were at fir&s;t</HI> erected, <HI>&s;o they mu&s;t nece&s;&s;arily &s;till</HI>
<PB N="2" REF="3">
depend, <HI>or el&s;e they will pre&s;ently fall to</HI> utter ruine.</P>
<P>Hence it is, (to wave all Humane Authorities in &s;o clear
a Verity) that in God's own &s;acred unerring<NOTE N="a" PLACE="marg">Jo<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">. 17. 17. 2 Cor. 6. 7. Eph. 1. 13. Jam. 1. 18</NOTE> <HI>Word of
Truth,</HI> we find frequent mention of the natural<NOTE N="b" PLACE="marg">2 Sam. 22. 8, 16. Jo<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> 38. 4, 6. P&s;al 18. 15 <HI>&amp; 102. 25. &amp;</HI> 104. 5. Prov. 8. 29 I&s;a. 24. 18. <HI>&amp; 40. 21. &amp; 48. 13. &amp;</HI> 51. 13, 16. <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">er. 31. 17. Zech. 12 1. Mi|ca. 1. 6. Jo<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">. 17. 24. Ephe&s;. 4. 4. Heb. 1. 10. <HI>&amp; 4. 3. &amp;</HI> 9 26. 1 Pet. 1 20.</NOTE> <HI>FOUN|DATIONS</HI>
of the va&s;t natural Fabrick of the Earth, Hea|vens,
and World it &s;elf; of the Artificial Material<NOTE N="c" PLACE="marg">1 King. 5. 17. <HI>&amp; 6. 37. &amp;</HI> 7. 9, 10. Ez<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">. 4. 13 <HI>&amp;</HI> 6. 3. P&s;a. 137 7. Ezek. 41. 8. Hag. 2. 8. Zech. 4 9 <HI>&amp;</HI> 8. 9. Mat. 7. 26, 27. Luke 6 48, 49.</NOTE> <HI>FOUN|DATIONS</HI>
of the <HI>material Temple,</HI> walls, <HI>City; of Gods own</HI>
mo&s;t famous city <HI>Jeru&s;alem;</HI> and of private hou&s;es: of the
Spiritual<NOTE N="d" PLACE="marg">I&s;a. 28. 16. <HI>&amp;</HI> 54. 11. P&s;al. 87. 1. 1 Cor. 3. 10, 11, 12. Heb. 11. 10. 1 Pet. 2. 6. Rev. 21. 14, 19.</NOTE> <HI>FOUNDATION</HI> of the <HI>Spiritual Temple, City
Jeru&s;alem,</HI> and <HI>whole Church of God;</HI> even <HI>Je&s;us Christ him|&s;elf:</HI>
of the Doctrinal<NOTE N="e" PLACE="marg">2 Tim 1. 19. Heb. 6 1, 2.</NOTE> <HI>FOUNDATIONS,</HI> and <HI>fir&s;t
Principles of Religion, Chri&s;tianity, Salvation:</HI> yea, of the Poli|tical
<NOTE N="f" PLACE="marg">Jer. 50. 15. Micah 1. 6, 7. Luke 6. 48, 49. M<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">t. 7. 26, 27.</NOTE> <HI>FOUNDATIONS</HI> of <HI>Kingdoms, Reipublikes, Chur|ches,
Governments, States:</HI> which being once &s;haken, under|mined,
&s;ubverted, razed, or de&s;troyed, bring unavoidable
ruine and de&s;olation upon them, (<HI>P&s;al. 11. 3. P&s;al.</HI> 82. 5, 6.
<HI>Jer.</HI> 50. 17. &amp; 51. 15, 16. <HI>Mic.</HI> 1. 6, 7, 9.) even as we daily
&s;ee <HI>Ca&s;tles, Walls, Hou&s;es,</HI> to fall in&s;tantly to the ground, and
become an heap of Confu&s;ion, when their <HI>Foundations</HI> are
blown up, decayed, or demoli&s;hed.</P>
<P>Upon which con&s;ideration, tho&s;e <HI>Publike Laws,</HI> which
e&s;tabli&s;h, fence, fortifie, &s;upport the <HI>Fundamental</HI> Con&s;ti|tutions,
Rights, Liberties, Priviledges, of any Nation,
Kingdom, Reipublike, (e&s;&s;ential to their <HI>being</HI> and <HI>&s;ub&s;i&s;t|ence,</HI>
as a <HI>free</HI> or <HI>happie</HI> people, again&s;t the <HI>Inva&s;ions, Under|minings,
Encroachments,</HI> of any <HI>Tyrants, U&s;urpers, O pre&s;&s;ors,</HI>
or <HI>publike Enemies,</HI> are u&s;ually &s;tiled FUNDAMENTAL
LAWS; and have ever been reputed &s;o <HI>&s;acred, inviolable,
immutable,</HI> in all ages, upon any Pretences of <HI>Nece&s;&s;ity,</HI> or
<HI>Publike Safety,</HI> that mo&s;t Nations, and our own <HI>Engli&s;h
Ance&s;tors,</HI> above others, have freely cho&s;en to hazard, yea
lo&s;e their <HI>E&s;tates, Lives,</HI> in their <HI>just defence,</HI> again&s;t &s;uch
exorbitant <HI>Tyrannical Kings,</HI> and other <HI>Powers,</HI> who by
<HI>force</HI> or <HI>policie</HI> have endeavoured to <HI>violate, alter,</HI> or <HI>&s;ub|vert</HI>
them, rather then out of <HI>Cowardize, S<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">tt<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">&s;hne&s;s, Care|le&s;ne&s;s,</HI>
or want of cordial <HI>love</HI> to the Publike, to &s;uffer the
lea&s;t <HI>infringement, repeal,</HI> or <HI>alteration</HI> of them, to the in|thralling
of Them&s;elves, or their Po&s;terities, to the <HI>arbi|trary
<PB N="3" REF="3">
Wills</HI> of &s;uch <HI>Domineering Tyrants,</HI> and <HI>U&s;urping
Powers.</HI></P>
<P>Now becau&s;e, after all our <HI>Old</HI> and <HI>New</HI> (many yeers)
bloody, co&s;tly, dangerous <HI>Contests</HI> and <HI>Wars,</HI> for the <HI>main|tenance</HI>
of our <HI>Good Old Fundamental Liberties, Laws, Rights,
Priviledges,</HI> again&s;t all &s;ecret or open <HI>underminers</HI> of them,
I clearly behold, with grief of heart, that there is a <HI>&s;trange
mon&s;trous Generation of New TYRANNICAL STATE-HERETICKS</HI>
&s;prung up among us; who are grown &s;o de|&s;perately
impudent, as not onely to <HI>write,</HI> but publikely to
<HI>a&s;&s;ert in Print,</HI> (in<NOTE N="a" PLACE="marg"><HI>Lilb.</HI> tryed and cast, <HI>p.</HI> 39, 40, 142, to 148. 154. <HI>J. Canne's</HI> Voice from the Temple, which per&s;wades the &s;ubver&s;ion and aboli&s;hing of all former Laws, e&s;pecially for Tythes &amp; Mini|&s;ters &s;upport.</NOTE> <HI>Books</HI> printed by AUTHORITY,
even in <HI>Capitals</HI> in the very <HI>Title-page) That the Free-men
and People of England have no &s;uch unalterable Fundamental
Laws and Liberties left them by their forefathers,</HI> (as our <HI>An|ce&s;tors</HI>
heretofore conte&s;ted for, both in the Field and
Parliament-Hou&s;e, with <HI>William</HI> the Conqueror, <HI>Henry</HI> the
fir&s;t, King <HI>John, Henry</HI> the third, <HI>Edward 1, 2, 3. Richard</HI>
the &s;econd, with other Kings and Princes; and our late
<HI>Parliaments</HI> and <HI>Armies</HI> too, with King <HI>James,</HI> and King
<HI>Charles.) That neither</HI> Magna Charta, <HI>nor the</HI> Petition of
Right, <HI>nor the Laws for trying malefactors by Juries of their
peers, are Fundamental, or unalterable; but that the</HI> STATE-PHYSITIANS
(or rather Mountebanks) <HI>of our time, (who
are not tied up to them, but left free unto them&s;elves) may lay
them quite a&s;ide, either in part or whole, as they &s;ee cau&s;e:</HI> Yea,
(having now attained to &s;uch a &s;uper-tran&s;cendent Autho|rity,
as) may (as they a&s;&s;ert) LAY ASIDE ALL PAR|LIAMENTS
and PARLIAMENTARY WAYS, <HI>and
appoint SOMETHING ELSE, as more &s;ea&s;onable and pro|per
to us, and as Providence makes way for it, if they &s;ee it
more conducing to the &s;afety and good of the Commonwealth,</HI>
(that is, to their own private Intere&s;ts, Honours, Profits,
Securities, De&s;ignes, Oppre&s;&s;ions, Rapines, gilded over
with this &s;pecious pretext.) And then peremptorily con|clude,
<HI>That to plead for the&s;e and ot<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">er Fundamental Laws and
L<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">berties, as unalterable,</HI> (though the onely Bulwarks and
Badges of our Freedom) <HI>is nothing el&s;e but to en&s;lave the
Nation: for by &s;uch a Principle, People do not onely lo&s;e their
<PB N="4" REF="4">
Liberty, but are brought under &s;uch a kinde of Tyranny, out
of which (AS BEING WORSE THEN THE AEGYP|TIAN
BONDAGE) there is no hope of deliverance.</HI> An
ab&s;urd Tyrannical Paradox, tran&s;cending any I ever yet
met with in any Author; &s;tripping us naked of all our
long-enjoyed Laws, Liberties, Franchi&s;es, Great Char|ters,
at once; tending onely to reduce, and perpetually
inthral us under &s;uch an ab&s;olute AEGYPTIAN BON|DAGE
and <HI>Tyranny,</HI> without any hope of future delive|rance
from it, which &s;ome now endeavour to <HI>enta<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">l</HI> on us
and our po&s;terities for ever, by an <HI>Iron Law,</HI> and <HI>Yoke of
Steel,</HI> in &s;tead of re&s;toring to us that <HI>Glorious Freedom,</HI>
which we have &s;o long expected from them in vain.</P>
<P>And becau&s;e I finde the Generality of the <HI>Nobility,
Gentry, Clergie, Commonalty,</HI> of our Nation, after all their
late yeers <HI>expen&s;ive bloody wars,</HI> and <HI>Parliamentary Di&s;putes,</HI>
for the defence and pre&s;ervation of the&s;e our Ancient He|reditary
Fundamental Charters, Laws, Liberties, Privi|ledges,
&s;o &s;trangely degenerated both from them&s;elves,
and their <HI>Heroick prudent Ancestors,</HI> as that they are
more readily inclined, upon every occa&s;ion, out of a ba&s;e,
un-Chri&s;tian, unmanly, un-Engli&s;h <HI>fear,</HI> or &s;otti&s;h <HI>cowar|dice</HI>
and <HI>&s;tupidity,</HI> wittingly to de&s;ert, betray, &s;urrender
them all up into the hands of any <HI>invading U&s;urpers,</HI> with|out
the lea&s;t Publike Claim, Di&s;&s;ertation, Defence, or Di&s;|pute;
then diligently or couragiou&s;ly to contend for them,
as of late they did: So as that which <HI>Paul</HI> once taxed in
the &s;lavi&s;h be&s;otted <HI>Corinthians,</HI> 2 Epi&s;t. 11. 20. may be
mo&s;t truly averred of our <HI>degenerated, in&s;atuated,</HI> Engli&s;h
Nation: <HI>Ye &s;uffer if a man bring you into bondage, if a man
devour you, if a man take of you, if a man exalt him&s;elf,</HI> (a|bove
your Laws, Liberties, Franchi&s;es, Parliaments, Kings,
Nobles, Properties, Lives, Con&s;ciences, and<NOTE N="a" PLACE="marg">2 The&s;. 2. 4.</NOTE> <HI>all that is
called God, or wor&s;hipped) if a man &s;mite you on the face;</HI>
notwith&s;tanding all their manifold late<NOTE N="b" PLACE="marg">See Exact collect. and a general Collect. of all Ordinan|ces, <HI>&amp;c.</HI></NOTE> <HI>Protestations,
Vows, Covenants, Remon&s;trances, Declarations,</HI> and <HI>Publike
Engagements,</HI> to the contrary. And withal, after diligent
enquiry, di&s;covering &s;carce one man of <HI>Eminencie</HI> or <HI>Power</HI>
<PB N="5" REF="4">
in the Nation, nor &s;o much as one of my <HI>degenerated tem|porizing</HI>
Profe&s;&s;ion of the <HI>Law,</HI> (even when the<NOTE N="c" PLACE="marg">See Culpe|p<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">r's <HI>&amp;</HI> Lilly's <HI>Merlins &amp; Al|manacks,</HI> John Can'<HI>s 2 Voice,</HI> Lilb. <HI>tried and ca&s;t; with many Pe<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">itions and Pamphlets a|gain&s;t the Law and Lawyers. The Order of</HI> Aug. 19. 1653. That there &s;hould be a Committee &s;e|lected to con|&s;ider of A NEW BODY of the Law, for the go|vernment of this Common|wealth.</NOTE> <HI>whole
Body</HI> of our Laws, and all its <HI>Profe&s;&s;ors,</HI> are <HI>violently a&s;&s;ault|ed,</HI>
and devoted unto &s;udden ruine, by many <HI>lawle&s;s &s;pirits</HI>)
who hath &s;o much Courage, Magnanimity, Hone&s;ty, Zeal,
or cordial Love to his native Country, remaining in his
bre&s;t, as manfully to appear in Publike, for the <HI>&s;trenuous
nece&s;&s;ary defence</HI> of the&s;e our <HI>Hereditary, Fundamental Laws,
Liberties, Rights, Franchi&s;es,</HI> (though their own, and every
other <HI>Engli&s;h Freeman</HI>'s be&s;t <HI>Inheritance</HI> and <HI>Security</HI>) for
fear of being per&s;ecuted, impri&s;oned, clo&s;e impri&s;oned,
exiled, condemned, de&s;troyed, as a Traytor, Rebel, Sedi|tious
per&s;on, Enemy to the Publike, or di&s;turber of the
Kingdoms Peace, by tho&s;e who are truely &s;uch: I there|upon
conceived, I could not undertake or perform a more
nece&s;&s;ary, &s;ea&s;onable, beneficial Service for my Country,
(and not to be like tho&s;e, who are a&s;hamed, afraid, for the
mo&s;t part, to own, vi&s;it, or be &s;een in the company of tho&s;e
<HI>Gallant men,</HI> much le&s;s to a&s;&s;i&s;t, defend, and &s;tick clo&s;e un|to
them in their <HI>dangers,</HI> according to the &s;ixth Article of
their late <HI>Solemn League and Covenant,</HI> who have &s;uffered,
acted, and &s;tood up mo&s;t for their <HI>Common Liberties, Rights,
Freedoms, Religion,</HI> again&s;t all invading Tyrants, to their
great di&s;couragement and betraying) nor pitch upon any
Subject more proper for me, either as a <HI>common Lawyer,</HI> or
as a <HI>con&s;tant Advocate</HI> and <HI>Sufferer for the Publike Cau&s;e,</HI> and
<HI>Liberties of the Nation,</HI> as well under our late extravagant
<HI>Free-State,</HI> as former <HI>Regal</HI> and <HI>Epi&s;copal arbitrary Tyranny,</HI>
then in this juncture of our publike affairs, to pre&s;ent our
whole di&s;tracted un&s;etled <HI>Kingdom</HI> with <HI>An Hi&s;torical and
Legal Vindication, and Chronological Collection,</HI> in all Ages,
of the&s;e Ancient Hereditary <HI>Liberties, Franchi&s;es,
Rights, Conte&s;ts, Laws, Charters, Records, Monuments</HI> of
former and late times, for their <HI>Confirmation,</HI> and <HI>inviolable
Ob&s;ervation,</HI> which our <HI>Ance&s;tors</HI> and our <HI>Selves</HI> have al|ways
hitherto reputed FUNDAMENTAL, UNALTER|ABLE,
INVIOLABLE, upon any pretext; and have mo&s;t
<HI>eagerly contended for,</HI> with the prodigal expence of many
<PB N="6" REF="5">
<HI>millions</HI> of <HI>Trea&s;ure,</HI> and <HI>whole oceans</HI> of gallant <HI>Christian
Engl<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">&s;h blood.</HI></P>
<P>And if, upon the &s;erious peru&s;al of them, the <HI>univer&s;a|lity</HI>
of our <HI>degenerated Nation,</HI> after their many late &s;olemn
<HI>Prote&s;tations, Vows, Leagues, Covenants, Remon&s;trances,</HI> invio|lably
to defend and maintain them, &s;hall &s;till &s;o <HI>underva|lue</HI>
them now at la&s;t, (as <HI>mo&s;t</HI> actually have done) as <HI>not to
e&s;teem them worth the owning, maintaining, vindicating,</HI> or
<HI>perpetuating</HI> any longer; and thereby draw upon their
heads the <HI>real guilt</HI> of all tho&s;e <HI>bloody Wars, Murders, Tu|mults,
Violencies, Rapines, Oppre&s;&s;ions, Sins, Mi&s;chiefs, Illegal
Taxes, Exci&s;es, Exorb tancies,</HI> which their many late yeers
pretended <HI>Nece&s;&s;ary Defence</HI> and <HI>Pre&s;ervation</HI> have brought
upon our three whole Nations; let them henceforth, like
&s;o many da&s;tardly <HI>conquered Bond&s;laves,</HI> bored thorow the
ears, publikely di&s;avow, di&s;claim, renounce, abjure them,
for them&s;elves and their Po&s;terities for ever, as meer
<HI>worthle&s;s toys,</HI> or <HI>pernicious inventions,</HI> fit onely to kindle
perpetual Wars and Di&s;cords between King and People,
Head and Members, Superiours and Inferiours; or, as poor
<HI>&s;lender Cobwebs,</HI> (as now they prove) fit to hold none
within compa&s;s but the very <HI>weake&s;t flyes;</HI> broken thorow
with <HI>ea&s;e</HI> and <HI>impunity</HI> by every <HI>greater fly,</HI> creeping up into
any <HI>Power</HI> or <HI>Supreme Authority,</HI> by <HI>Right</HI> or <HI>Wrong;</HI> and
<HI>&s;wept down to the very ground,</HI> by every <HI>New Broom</HI> in the
hand of <HI>up&s;tart Innovators.</HI></P>
<P>But if, upon &s;adde&s;t deliberation, they &s;hall really e&s;ti|mate
them to be &s;uch <HI>incomparable, rich, precious jewels,</HI> and
<HI>ancient inheritances,</HI> as are every way worth the infinite
Trea&s;ures, Wars, Blood, Cares, Con&s;ultations, Troubles,
heretofore and of late yeers expended, both to gain, re|tain,
confirm, and perpetuate them, to them and their po|&s;terities
for ever, as their principal <HI>earthly Security</HI> and
<HI>Pea<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">itude;</HI> I hope they will all then unanimou&s;ly hence|forth
conclude with the <HI>Poe<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">,</HI></P>
<P><HI>Non minor e&s;t virtus qu&agrave;m quaerere, PARTA TUERI:</HI>
and both by their <HI>Votes,</HI> and <HI>Actions,</HI> return the &s;elf-&s;ame
peremptory magnanimous an&s;wer to any <HI>Cae&s;ar, Conqueror,
<PB N="7" REF="5">
Potentate, Power,</HI> or <HI>Combination</HI> of men what&s;oever, (who
&s;hall endeavour by force, fraud, or flattery, to compel or
per&s;wade them, to &s;ell, re&s;igne, betray, or give up the&s;e
their <HI>Ance&s;tral</HI> Priviledges, Inheritances, Birth-rights, to
them) as <HI>Naboth</HI> once did to King <HI>Ahab, 1 King.</HI> 21. 3.
<HI>The Lord forbid it us, that we &s;hould give</HI> (&s;ell, or betray) <HI>the
INHERITANCE OF OUR FATHERS</HI> (and our Po&s;te|rities
likewi&s;e) <HI>unto thee,</HI> or you; though they &s;hould &s;uf|fer
for this An&s;wer and refu&s;al, as much as <HI>Naboth</HI> did from
<HI>bloody Ahab</HI> and <HI>Jezebel.</HI></P>
<P>But whatever <HI>lowe price</HI> or <HI>estim<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">te</HI> this <HI>&s;purious, &s;tupid,
&s;ordid, &s;lavi&s;h Age</HI> may &s;et upon the&s;e <HI>riche&s;t Pearls;</HI> yet
for my own particular, upon &s;erious con&s;ideration of the&s;e
<HI>Chronological Collections,</HI> and the Solemn Oathes, Prote<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">a|tions,
Vows, <HI>League and Covenant,</HI> obliging me to defend
them to the uttermo&s;t; I value the whole <HI>Nations publike,</HI>
and <HI>my own</HI> (with my <HI>cordial friends) private intere&s;t</HI> in
them, at &s;o <HI>high a rate,</HI> that I would rather <HI>chearfully part
with ten thou&s;and lives, and all the trea&s;ures of the Nation,</HI>
were I owner of them, then wittingly, negligently, or un|worthily
&s;ell, betray, or re&s;igne them up to any Mortals
or <HI>Powers</HI> what&s;oever, upon any Pretences or Conditions,
after all my former Publications, Conte&s;ts, Sufferings, <HI>&amp;c.</HI>
for their <HI>ju&s;t</HI> Defence.</P>
<P>Now to the end all others might now take &s;pecial no|tice
of the ine&s;timable value our Ance&s;tors in all Ages
have &s;et upon them, and what &s;ucce&s;&s;ive Wars, Conflicts,
they have chearfully undertaken for their pre&s;ervation; I
have, at <HI>vacant hours</HI> compiled this en&s;uing <HI>Vindication and
Collection</HI> of the <HI>O<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">d Fund<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">mental Liberties, Franchi&s;es, Laws</HI>
of all <HI>E<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">gli&s;h Free-men,</HI> which I &s;hall bequeath to my <HI>mo&s;t
beloved native Country</HI> in general, and every real <HI>Heroick
Patron</HI> of them in particular, as the <HI>be&s;t Legacie</HI> I can leave
behinde me, both for their <HI>pre&s;ent</HI> and <HI>future Enfranchi&s;e|ment,
Immunity, Security</HI> from all <HI>Arbitrary tyranny, Slave|ry,</HI>
and <HI>yokes of Bondage,</HI> under which they have a long
time <HI>langu<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">&s;hed,</HI> and <HI>lamented,</HI> in the <HI>bitterne&s;s of their &s;pi|rits.</HI></P>
<P><PB N="8" REF="6">
The Method I re&s;olve herein to pur&s;ue, is this:</P>
<P>1. <HI>I &s;hall produce &s;ome punctual</HI> Authorities <HI>of mo|ment,
to evidence,</HI> That the Kingdom and Free-men of <HI>Eng|land</HI>
have &s;ome ancient Hereditary ju&s;t Rights, Liberties, Pri|viledges,
Franchi&s;es, Laws and Customs, properly called FUN|DAMENTAL;
and likewi&s;e a FUNDAMENTAL Go|vernment,
no ways to be altered, undermined, &s;ubverted, di|rectly
or indirectly, to the Publike prejudice, under pain of high-Trea&s;on
in tho&s;e who &s;hall attempt it, e&s;pecially by fraud, force,
or armed power.</P>
<P>2. I &s;hall in brief <HI>Propo&s;itions</HI> pre&s;ent you with the
chiefe&s;t and mo&s;t con&s;iderable of them, which our Ance|&s;tors
in former ages, and our late&s;t real Parliaments have
re&s;olved to be, and eagerly contended for, as FUNDA|MENTAL,
e&s;&s;ential to their being and well-being, as a
Free People, Kingdom, Reipublike, unwilling to be <HI>en|&s;laved</HI>
under any Yokes of Tyranny, any Arbitrary <HI>Impo&s;i|tions</HI>
or <HI>Powers</HI> what&s;oever. And then give you a brief
Touch of their &s;everal late <HI>unparallel'd violations,</HI> both by
the <HI>Edicts</HI> and <HI>Actions</HI> of <HI>u&s;urping Powers.</HI></P>
<P>3. I &s;hall in a <HI>Chronological</HI> way tender you a large <HI>Hi|&s;torical
Catalogue</HI> of Conte&s;ts, Votes, Declarations, Re|mon&s;trances,
Oathes, Vows, Prote&s;tations, Covenants, En|gagements,
Evidences, Statutes, Charters, Writs, Records,
Judgements, and Authorities, in all ages, undeniably evi|dencing,
declaring, vindicating, e&s;tabli&s;hing, perpetuating
the&s;e <HI>Fundamental Hereditary Rights, Liberties, Priviledges,
Franchi&s;es, Cu&s;toms, Laws,</HI> and abundantly manife&s;ting the
extraordinary <HI>care, indu&s;try, zeal, courage, wi&s;dom, vigilancy</HI>
of our <HI>Ance&s;tors,</HI> to defend, pre&s;erve, and perpetuate them
to po&s;terity, without the lea&s;t <HI>violation</HI> or <HI>diminution.</HI></P>
<P>4. I &s;hall vindicate the <HI>excellencie, indifferencie,</HI> and <HI>lega|lity</HI>
of <HI>trying</HI> all Malefactors what&s;oever by <HI>Juries of their
peers,</HI> upon <HI>legal Proce&s;s</HI> and <HI>Indictments;</HI> and manife&s;t the
<HI>illegality, inju&s;tice, partiality, dangerous con&s;equences,</HI> of ad|mitting
or introducing <HI>any other</HI> form of <HI>Trials,</HI> by <HI>New,
Arbitrary, Martial Commi&s;&s;ions,</HI> or <HI>Courts of High Ju&s;tice,</HI> (or
rather<NOTE N="*" PLACE="marg">Summum jus, e&s;t &s;umma inju|ria. <HI>C<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">c. de Of|fic<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">s, p.</HI> 611.</NOTE> <HI>Inju&s;tice</HI>) incon&s;i&s;tent with, and de&s;tructive to the
<PB N="9" REF="6">
<HI>Fundamental Rights, Liberties, Priviledges, Laws, Franchi&s;es</HI>
of the <HI>Engli&s;h Nation,</HI> and of mo&s;t dangerous Pre&s;ident to
Po&s;terity; being &s;et up by the greate&s;t <HI>Pretenders</HI> to Pub|like
Liberty, Law, and the chiefe&s;t inveighers again&s;t Ar|bitrary
Regal Tyranny and Power, which never publike|ly
e&s;tabli&s;hed them by any Law, and may fall to imitate
them in future Ages.</P>
<P>Each of the&s;e I intend to pro&s;ecute in di&s;tinct Chapters
in their order.</P>
<P><HI>For the fir&s;t of the&s;e:</HI> That the Kingdom and Free-men of <MILESTONE N="1">
<HI>England,</HI> have &s;ome Ancient Hereditary Rights, Liberties, Pri|viledges,
Franchi&s;es, Laws and Cu&s;toms, properly called FUN|DAMENTAL;
and likewi&s;e a FUNDAMENTAL <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">O|VERNMENT,
no ways to be altered, undermined, &s;ubverted,
directly or indirectly, under pain of High-trea&s;on in tho&s;e who
&s;hall attempt it, e&s;pecially by fraud, force, or armed power.</P>
<P>I &s;hall confirm the fir&s;t part of it, by the&s;e en&s;uing pun|ctual
Authorities of moment, again&s;t tho&s;e<NOTE N="a" PLACE="marg"><HI>Lilb.</HI> tryed and cast, <HI>p. 39, 40, 142. to</HI> 148 and el&s;ewhere. <HI>John Canne</HI>'s 2 Voice from the Temple. <HI>John Rogers</HI> Mene, T<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">k<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">l, Per<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">z, <HI>p. 6. Lilly</HI> and <HI>Cul|peper</HI> in their progno&s;tications <HI>Anno 1653. &amp; 1654. See the</HI> Armies Propo|&s;als.</NOTE> <HI>traytorous</HI>
late-publi&s;hed Pamphlets, which profe&s;&s;edly deny it, and
endeavour a <HI>total abrogation</HI> of all <HI>former Laws,</HI> to &s;et up <HI>a
New Model</HI> and <HI>Body</HI> of the <HI>Law,</HI> to rule us for the future,
according to their Plea&s;ures.</P>
<P>The fir&s;t is, the expre&s;s words of the <HI>Great Charters</HI> of
the <HI>Liberties of England,</HI> granted by<NOTE N="b" PLACE="marg"><HI>See</HI> Matth. Paris, p. 216 &amp; Magna Chart. 9, 11. 3 <HI>H.</HI> 3. c. 1. &amp; 38. 25 <HI>E.</HI> 1. c. 1, &amp;c. 28 <HI>E.</HI> 1. c. 1, &amp;c. Cook'<HI>s 2 In&s;tit.</HI> p. 2, 77.</NOTE> King <HI>John,</HI> Anno
1215. in the 17 yeer of his Reign; regranted and con|firmed
by King <HI>Henry</HI> the third, in the ninth yeer of his
Reign, and &s;undry times afterwards; and by King <HI>Edward</HI>
the fir&s;t, in the 25 and 28 yeers of his Reign: wherein
the&s;e three Kings &s;ucce&s;&s;ively, by their &s;everal <HI>Grand Char|ters</HI>
under their <HI>Great Seals,</HI> did <HI>grant, give,</HI> and <HI>confirm,</HI> to
<HI>all the Free-men of the Realm of England,</HI> FOR THEM|SELVES
AND THEIR HEIRS FOR EVER, the <HI>Cu|stoms,
Liberties</HI> therein contained; TO HAVE AND TO
HOLD THEM, TO THEM AND THEIR HEIRS,
FROM THEM AND THEIR HEIRS FOR EVER. Con|cluding
their Charters thus: <HI>All the&s;e Customs and Liberties
afore&s;aid, which we have granted to be holden within this our
Realm, as much as appertaineth</HI> TO US AND OUR
<PB N="10" REF="7">
HEIRS, WE SHALL OBSERVE. <HI>And</HI> ALL MEN OF
THIS OUR REALM, AS WELL SPIRITUAL AS
TEMPORAL, (<HI>as much as in them is) &s;hall ob&s;erve the &s;ame
again&s;t all per&s;ons in likewi&s;e. And we have granted unto
them,</HI> THAT NEITHER WE NOR OUR HEIRS
SHALL PROCURE OR DO ANY THING WHERE|BY
THE LIBERTIES IN THESE CHARTERS CON|TAINED,
SHALL BE INFRINGED OR BROKEN.
<HI>We ratifying and approving the&s;e Gifts and Grants afore&s;aid,</HI>
CONFIRM <HI>and</HI> CORROBORATE ALL THE SAME,
FOR US AND OUR HEIRS PERPETUALLY: <HI>and
by the&s;e Pr<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">&s;ents</HI> (as the later Charters run) <HI>do renew the
&s;ame: Willing and granting,</HI> FOR US AND OUR HEIRS,
THAT THESE CHARTERS, AND ALL AND SIN|GULAR
THEIR ARTICLES, FOR EVER SHALL
BE STEDFASTLY, FIRMLY, AND INVIOLABLY
OBSERVED.</P>
<P>Sir <HI>Edward Cook,</HI> (that reverend learned Judge and
Profe&s;&s;or of our Laws) in his Preface to his <HI>&s;econd In&s;ti|tutes,</HI>
and p. 2. and 77. thereof, wherein he comments on
this <HI>Great Charter,</HI> (printed by two Orders of the Hou&s;e of
Commons in Parliament, dated 12 <HI>Maii</HI> 1641. and 30
<HI>Junit</HI> 1642.) re&s;olves in direct terms, <HI>That the Great Char|ter
was for the mo&s;t part declaratory of the Principal Grounds of
THE FUNDAMENTAL LAWS OF</HI> ENGLAND:
<HI>That the&s;e words therein, [for us and our heirs for ever] were
added, to avoid all &s;cruples;</HI> THAT THIS GREAT PAR|LIAMENTARY:
CHARTER MIGHT LIVE AND
TAKE EFFECT IN ALL SUCCESSIONS OF AGES
FOR EVER. A clear Re&s;olution, that the principal Li|berties,
Cu&s;toms, Laws, contained in the&s;e <HI>Great Charters,</HI>
and ratified by them, are both <HI>Fundamental, perpetual,</HI> and
<HI>unalterable;</HI> being &s;ince <HI>confirmed in all points by neer fourty
&s;everal &s;pecial Acts of Parliament</HI> in &s;ucceeding Parliaments:
and likewi&s;e by the <HI>Solemn Oathes of our Kings, Nobles,
Judges, Great Officers,</HI> and of the <HI>People</HI> too, (all &s;everal
times <HI>&s;worn to defend and maintain the &s;ame</HI>) and by &s;undry
<HI>Solemn Excommunications again&s;t the infringers or contemners
<PB N="11" REF="7">
of them in any kinde;</HI> as I &s;hall prove more fully in the third
Chapter.</P>
<P>The &s;econd is, the punctual Re&s;olution of the whole <MILESTONE N="2">
Parliament of 1 <HI>Jacobi,</HI> even in a Printed Act of Parlia|ment,
chap. 2. and of King <HI>James</HI> him&s;elf, in his Speech
therein, as is evident by this <HI>Prologue</HI> to that Act: <HI>Whereas
his mo&s;t excellent Maje&s;tie hath been plea&s;ed, out of his great
wi&s;dom and judgement, not onely to repre&s;ent unto us, by his own
prudent and Princely Speech on the fir&s;t day of this Parliament,
how much he de&s;ired (in regard of his inward and gracious af|fection
to both the famous and ancient Realms of</HI> England <HI>and</HI>
Scotland, <HI>now united in Allegiance, and by all &s;ubjection IN
HIS ROYAL PERSON, TO HIS MAJESTY AND HIS
POSTERITY FOR EVER) that by a &s;peedy, mature, and &s;ound
Deliberation, &s;uch a future Union might follow, as &s;hould make
perfect that mutual love, and uniformity of Maners and Cu|&s;toms,
which Almighty God in his providence, for the &s;trength
and &s;afety of both Realms, hath &s;o far already begun, in apparent
&s;ight of all the world; but al&s;o hath vouch&s;afed to expre&s;s many
ways, how far it is, and EVER SHALL BE, from his Royal
and &s;incere care and affection to the Subjects of</HI> England, TO
ALTER OR INNOVATE THE FUNDAMENTAL
AND ANCIENT LAWS, PRIVILEDGES, &amp; GOOD
CUSTOMS OF THIS KINGDOM; <HI>whereby not onely</HI>
HIS ROYAL AUTHORITY, <HI>but</HI> THE PEOPLES SE|CURITY
OF LANDS, LIVINGS, <HI>and</HI> PRIVILEDGES
(<HI>both in General and Particular</HI>) ARE PRESERVED AND
MAINTAINED;<NOTE PLACE="marg">Nota.</NOTE> <HI>and,</HI> BY THE ABOLISHING OR
ALTERATION OF THE WHICH, IT IS IMPOS|SIBLE
BUT THAT PRESENT CONFUSION WILL
FALL UPON THE WHOLE STATE AND FRAME
OF THIS KINGDOM, <HI>&amp;c.</HI> In which memorable
Clau&s;e, the&s;e four things are ob&s;ervable 1. That the
Kin<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">dom and People of <HI>England</HI> have Fundamental anci|ent
good Laws, Priviledges, and Cu&s;toms. 2. That the&s;e
are no ways to be altered or innovated; and that it always
hath been, is, and ever &s;hall be, far from the thoughts and
intents of all good Kings, Governours, and Parliaments,
<PB N="12" REF="8">
who bear a &s;incere care and affection to the Subjects of
<HI>England,</HI> to alter or innovate them. 3. That by the&s;e an|cient
good Laws, Priviledges, and Cu&s;toms, not onely the
Kings Regal authority, but the Peoples Security of Lands,
Livings, and Priviledges, (both in general and particular)
are pre&s;erved and maintained. 4. That by the aboli&s;hing
or altering of them, <HI>it is impo&s;&s;ible,</HI> but that pre&s;ent confu|&s;ion
will fall upon the whole State and frame of this King|dom.
Which I wi&s;h all <HI>Innovators</HI> and <HI>New Modellers</HI> of
<HI>our Laws,</HI> would now at la&s;t &s;ay &s;eriou&s;ly to heart, and the
whole Kingdom and <HI>Engli&s;h Nation</HI> &s;adly con&s;ider, who
have found it an <HI>Experimental truth</HI> of late yeers, and no
imaginary feigned <HI>Speculation.</HI></P>
<P><MILESTONE N="3"> The third is, The <HI>Remon&s;trance of the whole Hou&s;e of
Commons</HI> in Parliament, delivered in writing to K. <HI>James,</HI>
in the Parliament of 7 <HI>Jac. anno</HI> 1610. which begins thus.</P>
</DIV1>
<DIV1 TYPE="remonstrance">
<HEAD>To the Kings most Excellent Maje&s;ty.</HEAD>
<OPENER><SALUTE>Mo&s;t gracious Soveraign,</SALUTE></OPENER>
<P>WHereas we your Maje&s;ties mo&s;t humble Subjects, the
<HI>Commons a&s;&s;embled in Parliament,</HI><NOTE PLACE="marg">See Prop. 1. &amp; 6. in <HI>chap.</HI> 2.</NOTE> have received,
fir&s;t by Me&s;&s;age, and &s;ince by Speech, from your Maje&s;tie, a
Command of re&s;traint, <HI>from debating in Parliament your
Maje&s;ties Right of impo&s;ing upon your &s;ubjects goods ex|ported
out of, or imported into this Realm,</HI> yet allowing us
to examine the grievance of the&s;e Impo&s;itions, in regard of
quantity, time, and other circum&s;tances of di&s;proportion thereto
incident: We your &s;aid humble Subjects nothing doubting but
that your Maje&s;tie had no intent by that command, to infringe
<HI>THE ANCIENT AND FUNDAMENTAL RIGHTS
OF THE LIBERTY OF PARLIAMENT,</HI> in point of
exact di&s;cu&s;&s;ing of all matters concerning them and their Po&s;&s;e&s;|&s;ions,
Goods, and Rights what&s;oever; which yet we cannot but
conceive to be done in effect by this command, Do with all hum|ble
duty <HI>make</HI> this Remon&s;trance to your Majestie.</P>
<P><HI>First, We hold it an AN ANCIENT, GENERAL, and
UNDOUBTED RIGHT OF PARLIAMENT, to</HI> debate
<PB N="13" REF="8">
freely all matters which do properly concern the Suject,
and his Right or E&s;tate: which freedom of debate being
once fore-clo&s;ed,<NOTE PLACE="marg">Nota.</NOTE> THE ESSENCE OF THE LIBERTY
OF PARLIAMENT IS WITHAL DISSOLVED.</P>
<P>Here the whole Hou&s;e of <HI>Commons,</HI> in a <HI>&s;pecial Remon|&s;trance</HI>
to King <HI>James,</HI> (printed and publi&s;hed by <HI>Order of
a Committee of the Hou&s;e of Commons for licen&s;ing of book<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">,</HI>
dated 20 <HI>Maii, 1641. 17 Caroli</HI>) declare, re&s;olve, vindi|cate,
and maintain, One principal, ancient, Fundamental,
general, undoubted Right of the Liberty of Parliament,
again&s;t the Kings intrenchment on it: <HI>Of which &s;hould they
be but once fore-clo&s;ed, the E&s;&s;ence of the Liberty of Parliament
is withal di&s;&s;olved.</HI></P>
<P>And peradventure it may not be unworthy the mo&s;t &s;e|rious
Di&s;qui&s;ition of the next en&s;uing nominal or real <HI>Par|liament,</HI>
to examine, whether &s;ome <HI>Clau&s;es</HI> and <HI>Re&s;trictions</HI>
in the 9, 12, 14, 16, 17, 21, 22, 24, 25, 27, 30, 32, 33, 36,
37, 38, 39, 40 <HI>Articles</HI> (or Strings) of the New <HI>In&s;tru|ment,</HI>
intituled, <HI>The Government of the Commonwealth of</HI>
England, Scotland, <HI>and</HI> Ireland, <HI>and the Dominions thereunto
belonging;</HI> as it <HI>was publikely declared at We&s;tmin&s;ter the</HI> 16
<HI>day of</HI> December, 1653. <HI>&amp;c.</HI> do not as much, nay far
<HI>more intrench upon the ancient, Fundamental, General, un|doubted
Right and Liberty of Parliament,</HI> and Parliamentary
free Debates, to the di&s;&s;olution of the <HI>E&s;&s;ential Liberty of
all future Parliaments,</HI> as this Command of King <HI>James</HI>
did, or as the Bi&s;hops late <HI>Canons</HI> impo&s;ed on the Clergie
in and by the <HI>Convocation, Anno</HI> 1640. ever did; and
this Clau&s;e in their <HI>&amp;c.</HI> Oath then made, (now imitated
by others, who condemned it:) <HI>I</HI> A. B. <HI>do &s;wear, that I
will never give my con&s;ent</HI> TO ALTER THE GOVERN|MENT
OF THIS CHURCH BY ARCH-BISHOPS,
BISHOPS, DEANS, AND ARCH-DEACONS, <HI>&amp;c.</HI> AS
IT STANDS NOW ESTABLISHED, AND AS BY
RIGHT IT OUGHT TO STAND:<NOTE N="*" PLACE="marg">See <HI>Cant.</HI> Doom, <HI>p.</HI> 19, 26. 40. Diurn. Oc|currences, <HI>p.</HI> 13.</NOTE> <HI>Re&s;olved by the
whole hou&s;e of Commons,</HI> and <HI>Peers</HI> too, without one di&s;|&s;enting
voice, <HI>in Parliament,</HI> Decemb. 1640. to be <HI>a most
<PB N="14" REF="9">
dangerous and illegal Oath, contrary to THE RIGHTS and
PRIVILEDGES OF</HI> PARLIAMENT, <HI>and to the FUNDA|MENTAL
LAWS &amp; STATUTES OF THE REALM,</HI>
&amp;c. <HI>and OF DANGEROUS CONSEQUENCE.</HI> The con|triving
whereof was objected to the late Arch-bi&s;hop of
<HI>Canterbury,</HI> in his <HI>Original</HI> and <HI>Additional Articles of Im|peachment,</HI>
to be <HI>HIGH TREASON;</HI> for which, among&s;t
other things, he <HI>lost his head.</HI></P>
<P><MILESTONE N="4"> The fourth is, the notable <HI>Petition of Grievance</HI> of the
<HI>whole Hou&s;e of Commons in Parliament,</HI> pre&s;ented to King
<HI>James</HI> in the &s;eventh yeer of his Reign, after their Vote
again&s;t his right to lay any <HI>Impo&s;itions</HI> on Goods imported
or exported, without a&s;&s;ent of Parliament; in the&s;e en|&s;uing
words.</P>
<P>THe Policie and Con&s;titution of this your Maje&s;ties King|dom,<NOTE PLACE="marg">See Propo&s;. 1. in chap. 2.</NOTE>
appropriates unto the Kings of this Realm, with a&s;|&s;ent
of Parliament, as well the Soveraign power of making
Laws, as that of taxing or impo&s;ing upon the Subjects Goods or
Merchandizes, wherein they have ju&s;tly &s;uch a Property, as
may not without their con&s;ent be altered or changed: this is
the cau&s;e, that the People of this Kingdom, as they have<NOTE N="*" PLACE="marg">O how are they now degenera|ted!</NOTE> ever
&s;hewed them&s;elves faithful and loving to their Kings, and ready
to aid them in all their ju&s;t occa&s;ions,<NOTE PLACE="marg">Nota.</NOTE> with voluntary Contribu|tions:
<HI>SO HAVE THEY BEEN</HI><NOTE N="*" PLACE="marg">And &s;hould they not be &s;o now, then?</NOTE> <HI>EVER CAREFUL
TO PRESERVE THEIR OWN LIBERTIES AND
RIGHTS, WHEN ANY THING HATH BEEN
DONE TO PREJUDICE OR IMPEACH THE SAME.</HI>
And therefore when their Princes, either occa&s;ioned by War, or by
their own bounty, or by any other Nece&s;&s;ity, have without con&s;ent
of Parliament &s;et on Impo&s;itions, either within the Land, <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">r upon
Commodities exported or imported by the Merchants, they have
in open Parliament complained of it, in that it was done with|out
their con&s;ents; AND THEREUPON<NOTE N="*" PLACE="marg">And &s;hall we now at last fail h<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">rein?</NOTE> NEVER FAI|LED
TO OBTAIN A SPEEDY AND FULL RE|DRESS,
without any<NOTE N="&dagger;" PLACE="marg">Howdare then any &s;elf created powers, who are neither Kings nor Parliam<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">n<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">s now arrogate to them&s;elves, or exerci&s;e &s;uch a &s;uper-Regal ar|bitrary power &amp; prerogative?</NOTE> Claim made by the Kings, of any
Power or Prerogative in that point. And though <HI>THE
LAW OF PROPERTY BE ORIGINAL,</HI> and carefully
<PB N="15" REF="9">
pre&s;erved by the Common Lawes of this Realm, <HI>WHICH
ARE AS ANCIENT AS THE KINGDOM IT SELF;</HI>
yet tho&s;e famous Kings, for the better contentment and a&s;&s;u|rance
of their loving Subjects, agreed, <HI>THAT THIS OLD
FUNDAMENTAL RIGHT (ob&s;erve the words</HI>) &s;hould
be further declared, <HI>AND ESTABLISHED BY ACT
OF PARLIAMENT,</HI> wherein it is provided, That no &s;uch
Charge &s;hould ever be laid upon the People without their Com|mon
con&s;ents, as may appear by &s;undry Records of former
times.</P>
<P>We therefore your Maje&s;ties mo&s;t humble Commons a&s;&s;em|bled
in Parliament,<NOTE PLACE="marg">Nota.</NOTE><NOTE N="*" PLACE="marg">And O that we would &s;ol|low it now a|gain!</NOTE> FOLLOWING THE EXAMPLE
OF THIS WORTHY CARE OF OUR ANCESTORS,
AND OUT OF OUR DUTY TO THOSE FOR WHOM
WE SERVE, finding that your Maje&s;ty, 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 pre&s;ent this mo&s;t ju&s;t and nece&s;&s;ary Petition
unto your Majesty, THAT ALL IMPOSITIONS SET
WITHOUT ASSENT IN PARLIAMENT, MAY BE
QUITE ABOLISHED AND TAKEN AWAY. And
that your Maje&s;ty likewi&s;e in imitation of your Royal PRO|GENITORS,
will be plea&s;ed, that a Law in your time, and
during this Se&s;&s;ion of Parliament, may be al&s;o made, to de|clare,
<HI>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;</HI> wherein your Majesty &s;hall
not only <HI>GIVE YOUR SUBJECTS GREAT SATIS|FACTION
IN POINT OF THEIR RIGHT;</HI> but
al&s;o bring exceeding joy and comfort to them who now &s;uffer,
partly through the abating of the price of Native Commodi|ties,
and partly through the rai&s;ing of all Forraign, to the
overt<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> row of Merchants, and Shipping, the cau&s;ing of ge|neral
dearth, and decay of all wealth among your people, who
<PB N="16" REF="10">
will be thereby no le&s;s di&s;couraged, then di&s;abled to &s;upply your
Majesty when occa&s;ion &s;hall require.</P>
<P>In which <HI>memorable Petition,</HI> the whole <HI>Hou&s;e of Com|mons</HI>
re&s;olve in direct terms: 1. <HI>That the Subjects of</HI> Eng|land
<HI>have old original Fundamental Rights,</HI> (and more
particularly <HI>in the Property of their goods, exempted from all
Impo&s;itions what&s;oever in times of Peace or War, without
their common con&s;ent in Parliament) declared and establi&s;h|ed
both by the ancient Common Law of</HI> England, <HI>and &s;undry
Acts of Parliament, and Records of former times.</HI> 2. They
declare, the con&s;tant vigilant care, zeal of our Ance&s;tors
and former Parliaments in all Ages, inviolably to main|tain,
defend, pre&s;erve the &s;ame again&s;t all encroachments,
together with their own care, duty and vigilancy in this
kind in that very Parliament. 3. They relate the readine&s;s
of our Kings to ratifie the&s;e their <HI>Fundamental Rights</HI> by
new <HI>Acts of Parliament,</HI> when they have been violated
in any kinde. 4. They declare the benefit accruing both
to <HI>Prince</HI> and <HI>People,</HI> by the inviolable pre&s;ervation and
e&s;tabli&s;hment of this <HI>old Fundamental Right,</HI> and the mi&s;|chiefs
accruing to both by the infringement thereof, by
<HI>arbitrary illegal Impo&s;itions, without full con&s;ent in Parlia|ment.</HI>
5. They earne&s;tly (in point of con&s;cience, pru|dence,
and duty to tho&s;e for whom they &s;erved) Petition
his Maje&s;ty, for a <HI>new Law and Declaration again&s;t all new
Impo&s;itions and Taxes on Inland Goods, or Merchandizes im|ported
or exported without the Peoples free con&s;ent in Parlia|ment,
as null, void, utterly to be aboli&s;hed and taken away.</HI>
Whether it will not be ab&s;olutely nece&s;&s;ary for the whole
<HI>Engli&s;h Nation,</HI> and the next en&s;uing Notional, or real
<HI>Parliament</HI> to Pro&s;ecute, Enact, E&s;tabli&s;h &s;uch a Declarati|on
and Law again&s;t all &s;uch future <HI>arbitrary, illegal, oppre&s;|&s;ive
Taxes, Impo&s;itions, Exci&s;es,</HI> that have been impo&s;ed
and continued for many years together on the whole
Kingdom, by new extravagant, <HI>&s;elf-created,</HI> u&s;urping Ar|my-<HI>Officers,
and other Powers,</HI> without free and full con|&s;ent
of the People in <HI>lawful Engli&s;h Parliaments,</HI> again&s;t
all former Laws, Declarations, and Re&s;olutions in Parlia|ment,
<PB N="17" REF="10">
to their great <HI>oppre&s;&s;ion,</HI> en&s;laving, undoing, and
that in <HI>far greater proportions, multiplicity, and variety,</HI> then
ever in former Ages, <HI>without</HI> the lea&s;t intermi&s;&s;ion; and
likewi&s;e again&s;t their late <HI>declared de&s;ign, to perpetuate
them on our exhau&s;ted Nation, without alteration or diminu|tion,</HI>
(beyond and again&s;t all Pre&s;idents of former Ages)
both in times of <HI>Peace and War for the future,</HI> by the 27,
28, 39, 30, 9. <HI>Articles</HI> of the <HI>In&s;trument</HI> entituled, <HI>The
Government of the Commonwealth of</HI> England, <HI>&amp;c.</HI> I remit
to their mo&s;t &s;erious con<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">derations to determine, if ever
they re&s;olve to be <HI>Engli&s;h Freemen</HI> again, or to imitate
the <HI>wi&s;dom, prudence, zeal, courage, and laudable examples
of their worthy Ancestors,</HI> from which they cannot now
degenerate without the greate&s;t <HI>Infamy,</HI> and en&s;laving of
them&s;elves with their Po&s;terities for ever, to the <HI>arbitrary
wills of pre&s;<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">nt or future U&s;urpers</HI> on their <HI>Fundamental
Rights and Libe<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ties,</HI> in an higher degree then ever in any
precedent <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ges, under the <HI>Greate&s;t Conquerors</HI> or <HI>Kings,</HI>
after all their late, co&s;tly, bloudy <HI>Wars</HI> for their <HI>Defence</HI> a|gain&s;t
the <HI>Behe<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ded King.</HI></P>
<P><HI>The fifth is,</HI> A learned and nece&s;&s;ary Argument made in <MILESTONE N="5">
the Commons Hou&s;e of Parliament, <HI>Anno 7. Jacobi,</HI> to
prove, That each Subject hath a Propriety in his Goods; &s;hew|ing
al&s;o, the extent of the Kings Prerogative in Impo&s;itions up|on
the Goods of Merchants exported or imported, &amp;c. <HI>By a
late</HI> learned Judg of this Kingdom, <HI>printed at</HI> London <HI>by</HI>
Richard Bi&s;hop, 1641. <HI>and</HI> Ordered <HI>to be pub<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">i&s;hed in Print,</HI>
at a Committee appointed by the Honourable Hou&s;e of Com|mons,
for examination and Licen&s;ing of B<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">oks. 20. <HI>Maii,</HI>
1641. <HI>In which Parliamentary Argument,</HI> p. 8, 11, 16.
<HI>I finde the&s;e direct Pa&s;&s;ages:</HI> That the New Im<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">o&s;itions
contained in the Boo<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> of Rates, impo&s;ed on Merchandizes,
imported and exported by the K<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ngs Prerogative, and Letters
Patents, without con&s;ent in Parliament, is again&s;t <HI>THE NA|TURAL
FRAME AND CONSTITUTION OF THE
POLICY OF THIS KINGDOME,</HI> which is Jus Publi|cum
Regn<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">, <HI>AND SO SUBVERTETH THE FUNDA|MENTAL
LAW OF THE REALM,</HI> and introduceth a
<PB N="18" REF="11">
new form of State and Government: Can any man give me a
rea&s;on, why the King can only in Parliament make Lawes?
No man ever read any Law, whereby it was &s;o ordained; and
yet no man ever read, that any King practi&s;ed the contrary;
therefore <HI>IT IS THE ORIGINAL RIGHT OF THE
KINGDOM,</HI><NOTE PLACE="marg">Nota.</NOTE> <HI>AND THE VERY NATURAL CON|STITUTION
OF OUR STATE AND POLICY,</HI>
being one of the highe&s;t Rights of Soveraign Power. If the
King alone out of Parliament may impo&s;e,<NOTE N="*" PLACE="marg">And do not tho&s;e do &s;o <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> as <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">lay mont<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ly <GAP DESC="illegible" RESP="tech" EXTENT="1 span">, Customs, and N<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">w-Impo&s;t on us daily out of Parliament, and that for many moneths and years yet to come, again&s;t the Letter of their own In|&s;trument and Oath too?</NOTE> <HI>HE ALTER|ETH
THE LAW</HI> OF <HI>ENGLAND</HI> IN <HI>ONE OF
THESE TWO MAIN FUNDAMENTAL POINTS;</HI>
He mu&s;t either take the Subjects Goods from them, without
a&s;&s;ent of the Party, which is again&s;t the Law, or el&s;e he mu&s;t
give his own Letters Patents the force of a Law, to alter the
property of the Subjects Goods, which is al&s;o again&s;t the Law.</P>
<P>In this and &s;undry other <HI>Arguments,</HI> (touching the
<HI>Right of Impo&s;itions</HI>) in the Commons Hou&s;e of Parliament
by the Members of it, arguing again&s;t them, it was fre|quently
averred, and at la&s;t voted and re&s;olved by the
Hou&s;e, 7. <HI>Jacobi. That &s;uch Impo&s;itions without con&s;ent in
Parliament, were</HI> AGAINST THE ORIGINAL FUN|DAMENTAL
LAWS AND PROPERTY OF THE
SUBJECT, <HI>and Original Right, Frame, and Con&s;titution of
the Kingdom;</HI> as the <HI>Notes</HI> and <HI>Journals</HI> of that Parliament
evidence: An expre&s;s Parliamentary re&s;olution in point,
for what I here a&s;&s;ert.</P>
<P><HI>The &s;ixth is,</HI><NOTE PLACE="marg">6.</NOTE> A Conference de&s;ired by the Lords, and had
by a Committee of both Hou&s;es, concerning the Rights and Pri|viledges
of the Subject, 3. Aprilis. 4. Caroli, 1628. <HI>entred
in the</HI> Parliament Journal of 4. Caroli, <HI>and &s;ince printed
at</HI> London, 1642. <HI>In the</HI> Introduction <HI>to which</HI> Confe|rence,
<HI>Sir</HI> Dudley Diggs, <HI>by the</HI> Commons Hou&s;e Order,
<HI>u&s;ed the&s;e expre&s;&s;ions:</HI> My good Lords, while&s;t we the Com|mons,
out of our good affections, were &s;eeking for money,
we found, I cannot &s;ay a Book of the Law, but many <HI>A
FUNDAMENTAL POINT THEREOF NEGLECT|ED
AND BROKEN,</HI> which hath occa&s;ioned our de&s;ire
<PB N="19" REF="11">
of this Conference: Wherein I am fir&s;t commanded to &s;hew un|to
your Lord&s;hips in general, That the Laws of <HI>England</HI> are
grounded on Rea&s;on more antient then Books, con&s;i&s;ting much
in unwritten Cu&s;toms, yet &s;o full of Ju&s;tice and true Equity,
that your mo&s;t Honorable Predece&s;&s;ors and Ance&s;tors propug|ned
them with a <HI>NOLUMUS MUTARI;</HI> and &s;o ancient,
that from the <HI>Saxons</HI> daies, notwith&s;tanding the injuries and
ruines of time, they have continued in mo&s;t parts the &s;ame, &amp;c.
Be plea&s;ed then to know, <HI>THAT IT IS AN UNDOUBT|ED
AND FUNDAMENTAL POINT OF THIS SO
ANCIENT COMMON LAW OF</HI> ENGLAND, <HI>THAT
THE SUBJECT HATH A TRUE PROPERTY IN
HIS GOODS AND POSSESSIONS,</HI> which doth pre&s;erve
as &s;acred that <HI>Meum</HI> and <HI>Tuum,</HI> that is the Nur&s;e of Indu|&s;try,
and the Mother of Courage, and without which there
can be no Ju&s;tice, of which <HI>Meum</HI> and <HI>Tuum</HI> is the proper ob|ject.
Bu<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> the <HI>UNDOUBTED RIGHT OF FREE SUB|JECTS,</HI>
hath lately not a little been invaded and prejudiced
by Pre&s;&s;ures, the more grievous, becau&s;e they have been pur|&s;ued
by impri&s;onment, contrary to the Franchi&s;es of this Land,
&amp;c. <HI>which the</HI> Commons Hou&s;e <HI>proved by many</HI> Statutes
<HI>and</HI> Records in all Ages, <HI>in that Conference, to the full &s;a|tisfaction
of the Lords Hou&s;e; &s;ince publi&s;hed in print.</HI></P>
<P><HI>The &s;eventh is,</HI><NOTE PLACE="marg">7.</NOTE> <HI>The Vote of the</HI><NOTE N="a" PLACE="marg">See <HI>Can|terburies</HI> Doom, p. 19. Di|urnal Occur|rences, p. 13.</NOTE> whole Hou&s;e of
Commons, 16. December, 1640. Nullo contradicente, <HI>en|tred
in their</HI> Journal, <HI>and printed in</HI> Diurnal Occurrences,
p. 13. That the Canons made <HI>in the</HI> Convocation (<HI>Anno</HI>
1640.) <HI>ARE AGAINST THE FUNDAMENTAL
LAWS OF THE REALM,</HI> the Property and Liberty of
the Subject, the Right of Parliament, and contained divers
things tending to Faction and Sedition.</P>
<P>The eighth Authority is,<NOTE PLACE="marg">8.</NOTE><NOTE N="b" PLACE="marg">Exact Col|lection, &amp;c. p. 112, 113.</NOTE> The Votes of both
Hou&s;es of Parliament, <HI>concerning the &s;ecurity of King|dom
of</HI> England, <HI>and Dominion of</HI> Wales, 15. <HI>Martii</HI> 1641.
<HI>Ordered by the Lords and Commons in Parliament to be forth|with
printed and publi&s;hed</HI> (as they were then by them&s;elves,
and afterwards with other Votes and Orders) <HI>Re&s;olved
<PB N="20" REF="12">
upon the Que&s;tion,</HI> nemine contradicente; <HI>That in ca&s;e of</HI>
extream danger, and of his Maje&s;ties refu&s;al, the Ordi|nance
agreed on by both Hou&s;es for the <HI>Militia,</HI> doth ob|lige
the people,<NOTE PLACE="marg">See Chap. 2. Propo&s;ition 3, 7</NOTE> and ought to be obeyed, by THE FUN|DAMENTAL
LAWS OF THIS KINGDOM. A very
vain, fal&s;e, ab&s;urd, and delu&s;ory Vote, if there be no &s;uch
Law<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">, as &s;ome now affirm.</P>
<P>The ninth punctual Authority is,<NOTE PLACE="marg">9.</NOTE><NOTE N="a" PLACE="marg">Exact Col|lection, p. 850, 854, 887, 888.</NOTE> <HI>A &s;econd Decla|ration
of the Lords and Commons a&s;&s;embled in Parliament,
concerning the Commi&s;&s;ion of Array;</HI> printed by their &s;peci|al
<HI>Order</HI> of 12. <HI>Januarii</HI> 1642. Wherein are the&s;e ob|&s;erveable
pa&s;&s;ages. The <HI>main drift of the an&s;wer is to main|tain,</HI>
That the King by the Common Law may grant &s;uch
a Commi&s;&s;ion of Array as this is, upon this ground, <HI>be|cau&s;e
it's for the defence of the Kingdom:</HI> And, that the
power which he hath to grant it by the <HI>Common Law,</HI> is
not taken away by the <HI>Petition of Right,</HI> or any <HI>former Sta|tute,</HI>
but the King notwith&s;tanding any of them, <HI>may
charge the Subjects for Defence of the Kingdom, &s;o as the
charge impo&s;ed come not to him&s;elf, nor to his particular ad|vantage.</HI></P>
<P>The&s;e grounds thus laid, extend not to the Commi&s;&s;ion of
Array alone, but to all other charges that his Maje&s;ty &s;hall
impo&s;e upon his Subjects, upon pretence of Defence of the King|dom;
for there is the &s;ame rea&s;on of Law for any other charge
that is pretended for Defence, as for this. If his Maje&s;ty by
the Common Law may charge his Subjects to finde Arms, and
other things in the Commi&s;&s;ion injoyned, becau&s;e they are for
Defence of the Kingdom; by the &s;ame rea&s;on of Law, he may
command his People to build Ca&s;tles, Forts, and Bulworks,
and after to maintain them with Garri&s;ons, Arms, and Victu|als,
at their own charges: And by the &s;ame rea&s;on he may com|pel
his Subjects to finde Ships, and furni&s;h them with Men,
Ammunition, and Victuals, and to finde Souldiers pay, coat
and conduct-money; provide victuals for Souldiers, and all
other things <HI>NECESSARY FOR AN</HI><NOTE N="*" PLACE="marg">Do not the Army-Officers now enforce them to all this without a Par|liament?</NOTE> <HI>ARMY;</HI> the&s;e
things being as nece&s;&s;ary for Defence, as any thing that can be
<PB N="21" REF="12">
done in execution of this Commi&s;&s;ion. And for that expo&s;ition
of the Petition of Right, and other Statutes therein noted,
(if it &s;hould hold) doth it not overthrow, as well the Petition
it &s;elf, as all other Lawes that have been made for the Sub|jects
benefit against Taxes and other Charges, either in this or
any other Parliament?</P>
<P>The&s;e Po&s;itions thus laid down and maintained, <HI>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:</HI>
Nay, they &s;trike at the root of Parliaments: What need his
<NOTE N="*" PLACE="marg">The&s;e Expo|&s;tulations reach to tho&s;e at <HI>White-Hall</HI> now, who pre|&s;ume to impo&s;e Taxes, Cu|&s;toms, Exci&s;es, and make b<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">nd|ing Laws, which no Kings there ever did in like nature, no<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> their Counc<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ls in any Age.</NOTE> Maje&s;ty call Parliaments to provide for Defence of the Realm,
when him&s;elf may compel his Subjects to defend it without
Parliaments? If the&s;e grounds &s;hould hold, what need the Sub|jects
grant Sub&s;idies in Parliament for Defence of the King|dom
in time of real danger, if the King for defence at any
times, when he &s;hall only conceive or pretend danger, may im|po&s;e
Charges upon his Subjects without their con&s;ent in Parlia|ment?</P>
<P><HI>Upon that which hath been &s;aid in this and our former</HI> De|claration,
<HI>we doubt not but all indifferent men will be &s;atis|fied,
that this Commi&s;&s;ion of Array is full of danger and in|convenience
to the Subjects of</HI> England, AND AGAINST
THE FUNDAMENTAL LAWS OF THE LAND,
both for PROPERTY OF GOODS, AND LIBERTY
OF PERSON, &amp;c. 2. <HI>As it is against</HI> THE FUNDA|MENTAL
LAWS OF THE REALM, <HI>&s;o no Statute
makes it good, &amp;c. And the Lords and Commons do upon
the whole matter here conclude, that they</HI> are very much ag|grieved,
that after &s;o many Declarations and &s;olemn Pro|te&s;tations
made by his Maje&s;ty to rule by the known Laws
of this Land, <HI>his Maje&s;ty by advice of his ill Councel|lors
&s;hould be per&s;waded to &s;et &s;uch a</HI> Commi&s;&s;ion on foot,
which is &s;o clearly contrary TO THE FUNDAMEN|TAL
LAWS OF THIS LAND, the Right of Property,
and Liberty of the Subject, <HI>contrary to former</HI> Re&s;olutions
of Parliament, <HI>and to the</HI> Petition of Right.</P>
<P><PB N="22" REF="13">
I am certain the generality of the Nation are now as
<HI>much</HI> and more <HI>aggrieved,</HI> that &s;ome who were Parties
to this <HI>Declaration,</HI> and others who have made as many
or more <HI>Declarations</HI> and <HI>Prote&s;tations</HI> as his <HI>Maje&s;ty</HI> ever
did, to <HI>rule by the known Laws of the Land,</HI> &s;hould &s;ince
this, far exceed his Maje&s;ty in the like, or more exorbi|tances
in the <HI>Militia,</HI> Exci&s;es, Taxes, Impo&s;itions, Im|pri&s;onments,
arbitrary extravagant proceedings, and ca|pital
executions in new-<HI>erected Courts of Inju&s;tice,</HI> as di|ametrically
contrary as the Kings Commi&s;&s;ions of <HI>Array,</HI>
to the <HI>Fundamental Laws of the Land</HI> (four times together
&s;o &s;tiled and in&s;ided on, as &s;uch, in this one Declaration of
both Hou&s;es) <HI>the Right of Property of the Subject, contrary
to former Re&s;olutions,</HI> and the <HI>Petition of Right;</HI> yea (which
is mo&s;t abominable) to their own <HI>Declarations, Remon|&s;trances,
Votes, Prote&s;tations, Vows, Solemn Leagues and Co|venants</HI>
in Parliament, to their own eternal <HI>Infamy,</HI> as
well as the peoples intolerable oppre&s;&s;ion and <HI>Slavery,</HI>
who thereupon may ju&s;tly conclude and prote&s;t again&s;t
them, as both <HI>Hou&s;es did in the clo&s;e</HI> of that Declaration
again&s;t the <HI>Array,</HI> viz&punc;<NOTE N="*" PLACE="marg">Exact Collec|tion, p. 888.</NOTE> <HI>And the</HI> Lords and Commons
do and &s;hall adhere to their former Votes and Re&s;oluti|ons,
That all tho&s;e that are Actors in putting of this
Commi&s;&s;ion of Array in execution, &s;hall be e&s;teemed di|&s;turbers
of the Peace of the Kingdome, and the Properties
and Liberties of the Subject.</P>
<P><HI>The tenth evidence is,</HI><NOTE PLACE="marg">10.</NOTE><NOTE N="a" PLACE="marg">A Collection of all <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> Order<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> <GAP DESC="illegible" RESP="tech" EXTENT="1 span"> and De|clarations of Parliament, p. 451, 452, 457, 458.</NOTE> <HI>the</HI> Vote and Letter of both
Hou&s;es of Parliament <HI>&s;ent to his Maje&s;ty at</HI> Oxford 9.
March 1643. <HI>in an&s;wer to his</HI> Maje&s;ties <HI>of the third of</HI>
March, <HI>wherein there is this pa&s;&s;age:</HI> We the Lords and
Commons a&s;&s;embled in the Parliament of <HI>England,</HI> &amp;c. <HI>have
re&s;olved, with the concurrent advice and con&s;ent of the</HI>
Commi&s;&s;ioner<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> of Scotland, <HI>to repre&s;ent to your Maje&s;ty in
all hum<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">ity and plainne&s;s as followeth;</HI> That this pre&s;ent
Parliament convened according to the known and FUNDA|MENTAL
LAWS OF THE KINGDOM (the continu|ance
whereof is e&s;tabli&s;hed by a <HI>Law</HI> con&s;ented to by your Ma|<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">e&s;ty)
is in effect denied to be a Parliament, &amp;c. <HI>And here|upon
<PB N="23" REF="13">
we think our &s;elves bound to let your Maje&s;ty know,</HI>
That &s;ince the<NOTE N="*" PLACE="marg">Yet forcibly di&s;&s;olved by the Army, and &s;ome new in Power, again&s;t their Commi&s;&s;i|ons, Oaths, Tru&s;ts, Prote|&s;tation, Coven|ant, and an Act of Parliament for their conti|nuance; who may do well to peru&s;e this <GAP DESC="illegible" RESP="tech" EXTENT="1 word">. See <HI>Chap.</HI> 2. Propo&s;ition 6. 7.</NOTE> continuance of this Parliament is &s;etled by a
<HI>Law,</HI> (which, as all other <HI>Laws</HI> of your Kingdom, your Maje|&s;ty
is &s;worn to maintain, as we are &s;worn to our Allegiance
to your Maje&s;ty, the&s;e Obligations being reciprocal) we mu&s;t
in duty, and accordingly are re&s;olved, with our lives and
fortunes, to defend and pre&s;erve the ju&s;t Rights and full Power
of this Parliament: <HI>To which the</HI> Earl of E&s;&s;ex (<HI>then Ge|neral)
by both</HI> Hou&s;es direction, <HI>in his Letter to the</HI> Earl
of Forth, Jan. 30. 1643. <HI>adds this Corollary,</HI> My Lord,
the maintenance of the Parliament of <HI>England,</HI> and the Pri|viledges
thereof, is that for which we are all re&s;olved to &s;pend
our bloud, as being THE FOUNDATION WHEREON
ALL OUR LAWS and LIBERTIES ARE BUILT:
<HI>Which both the</HI> Lords and Commons a&s;&s;embled in Parlia|ment,
<HI>in their</HI> Declaration <HI>of</HI> 23. Martii 1643. <HI>touching
their proceedings upon his Maje&s;ties Letter concerning a</HI>
Treaty of Peace; (<HI>wherein this Earls former Letter is
recited) thus &s;econd:</HI> The Parliament of <HI>England</HI> is the
only Ba&s;is, the chief Support and Pillar of our <HI>Laws</HI> and <HI>Li|berties,</HI>
&amp;c. <HI>And if notwith&s;tanding all the&s;e Obligati|ons,
the King &s;hall</HI><NOTE N="*" PLACE="marg">How much more <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">h<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">n, if the Army, o<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> Army-Officers &s;hall do<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">, without que&s;ti|on or exempla|ry puni&s;hm<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">nt again and again, and i<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">|&s;tifie it &s;till in <GAP DESC="illegible" RESP="tech" EXTENT="1 word">?</NOTE> <HI>at his plea&s;ure di&s;&s;olve this Parlia|ment,
the Kingdom is not only deprived of the pre&s;ent,
but made uncapable of enjoying the benefit of any future
Parliament or Laws, any longer then &s;hall &s;tand with the
will and plea&s;ure of the King, and con&s;equently THE
FUNDAMENTALS OF ALL OUR LAWS &amp; GO|VERNMENT
ARE SUBVERTED. Let the Parliament-di&s;&s;olving</HI>
Officers, Army, <HI>and their</HI> Confederates <HI>&s;eri|ou&s;ly
ponder this, with all who &s;hall hereafter &s;it in</HI> Parli|amen<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">,
<HI>con&s;ider it in the</HI> fir&s;t place.</P>
<P><HI>The eleventh is,</HI><NOTE PLACE="marg"><GAP DESC="illegible" RESP="tech" EXTENT="1 letter">1.</NOTE> <HI>the</HI><NOTE N="a" PLACE="marg">A Collecti|on, &amp;c. p. 504.</NOTE> Ordinance of both Hou&s;es of
Parliament, 13. Junii 1644. <HI>for the Forces rai&s;ed in the
County of</HI> Salop, <HI>which begins thus:</HI> The Lords and Com|mons
a&s;&s;embled in Parliament, taking into their &s;erious con&s;i|derations,
the great oppre&s;&s;ions under which the Inhabitants
of the County of <HI>Salop,</HI> by rea&s;on of in&s;upportable Taxes,
&amp;c. and the pre&s;ent condition of the County, by rea&s;on of
<PB N="24" REF="14">
the great number of Iri&s;h Rebels that have invaded it, and
joyned with Papi&s;ts and other ill-affected Per&s;ons now in tho&s;e
parts, doth threaten the extirpation of the Prote&s;tant Religion,
and the &s;<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">b<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">e<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">&s;ion of THE FUNDAMENTAL LAWS &amp;
GOVERNMENT OF THE KINGDOM. For prevention
whereof, &amp;c.</P>
<P><HI>The twelfth is</HI><NOTE N="b" PLACE="marg">A Collecti|on, &amp;c. p. 877, 878, 879.</NOTE> A Declaration of the Commons of <HI>Eng|land</HI>
a&s;&s;embled in Parliament 17.<NOTE PLACE="marg">12.</NOTE> Aprilis 1646. Of their true
intentions concerning the AN<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">IENT &amp; FUNDAMEN|TAL
GOVERNMENT OF THE KINGDOM, &s;ecuring
the people again&s;t <HI>ALL ARBITRARY GOVERNMENT,</HI>
&amp;c. <HI>wherein they complain,</HI> That the Enemy being in de&s;pair
to accompli&s;h his de&s;igns by War, do mi&s;repre&s;ent our intentions
in the u&s;e we intended to make of the great Succe&s;&s;es God hath
given us, and the happy opportunity to &s;ettle peace and truth
in the three Kingdoms; to beget a belief that we now de&s;ire to
exceed or &s;werve from our fir&s;t 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 the&s;e uncomfortable Troubles, <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">nd b<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">eed|ing
Di&s;tractions, IN<NOTE N="*" PLACE="marg">And is not this now proved a real exper<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">|mental <GAP DESC="illegible" RESP="tech" EXTENT="1 word">, in &s;ome of <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> Remon&s;t<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">s, to their &s;hame?</NOTE> ORDER TO ALTER THE FUN|DAMENTAL
CONSTITUTION &amp; FRAME OF THIS
KINGDOM, to leave all Government in the Church loo&s;e and
un&s;etled, and our &s;elves to exerci&s;e THE SAME ARBI|TRARY
POWER OVER THE PERSONS &amp; ESTATES
OF THE SUBJECTS, which this pre&s;ent Parliament hath
thought fit to aboli&s;h, by taking away the Star-Chamber, High
Commi&s;&s;ion, and other Arbitrary Courts, and the exorbitant
Power of the Councel Table: (<HI>all which we have &s;een &s;ince
experimentally verified in every particular in the highe&s;t
d<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">gree, notwith&s;tanding this</HI> Declaration, <HI>by &s;ome in late
and pre&s;ent Power, notwith&s;tanding this Publication:</HI>)
All which being &s;eriou&s;ly con&s;idered by us, &amp;c. <HI>We do declare,
THAT OUR TRUE &amp; REAL INTENTIONS ARE, &amp;
OUR ENDEAVOR SHALL BE,</HI> to &s;ettle Religion in the
purity thereof,<NOTE N="*" PLACE="marg">And can mo&s;t of the <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> mon|&s;t<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">ns <GAP DESC="illegible" RESP="tech" EXTENT="1 span"> or pre&s;ent pow|er, <GAP DESC="illegible" RESP="tech" EXTENT="1 span"> joy this <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> truth or re|ally? And mu&s;t not they be utterly a&s;ham<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">|ed, confounded before God and men, when they con&s;ider how they have di&s;|&s;embled, prev<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">|ri<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ated with God and men herein in each particular?</NOTE> <HI>TO MAINTAIN THE ANCIENT &amp;FUNDAMENTAL GOVERNMENT OF THIS KING|DOM,
TO PRESERVE THE RIGHTS &amp; LIBERTIES</HI></P>
<P><PB N="25" REF="14">
<HI>In the</HI><NOTE N="b" PLACE="marg">Wal&s;ingha<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> Stow, Hollin|&s;hed, Speed, Grafton, Baker An. 5. R. 2. John Stows Survay of Lon|don. p. 89. 10 103. Mr. <HI>St. Iohns</HI> Argu|ment at Law, at <HI>Straffords</HI> Attainder, p. 14</NOTE> <HI>fifth year of</HI> King Richard the &s;econd, <HI>the vulgar</HI>
Rabble of people and Villains, in Kent, E&s;&s;ex, Su&s;&s;ex, Nor|folk,
Cambridge&s;hire and other Countries, <HI>under the Conduct
of</HI> Wat Tyler, Jack Straw <HI>and other</HI> Rebels, <HI>a&s;&s;embling
together in great multitudes,</HI> re&s;olved by force and violence
to abrogate the Law of villenage, with all other Lawes they di&s;li|ked,
formerly &s;ettled; to burn all the Records, kill and behead
all the Judges, Ju&s;tices, and men of Law of all &s;orts, which they
could get into their hands; to burn and de&s;troy 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 devi&s;e new Laws
of their own, by which the Subjects &s;hould be governed, to change
the ancient Hereditary, Monarchicall Government of the Realm,
and to elect pettie elective Tyrannies and Kingdoms to them&s;elves
in every Shire: (<HI>a project eagerly pro&s;ecuted by &s;ome</HI> Anar|chicall
Anabapti&s;ts, and Je&s;uites, Levellers, <HI>very lately: and
though withall</HI> they intended to de&s;troy the King at la&s;t, and
all the Nobles too, when they had gotten &s;ufficient power, <HI>yet at
fir&s;t to cloak their intentions for the pre&s;ent, they took</HI>
an Oath <HI>of all they met;</HI> Quod Regi &amp; communibus fidelita|tem
&s;ervarent, <HI>that they &s;hould keep Allegeance and faith
to the King and Commons, this their re&s;olution and at|tempt
thus to alter and</HI> &s;ubvert the Laws and Government,
<HI>upon full debate in the</HI> Parliament of 5 R. 2. n. 30, 31. was
declared to be <HI>HIGH TREASON</HI> again&s;t the King and again&s;t
the Law; <HI>for which divers of the chief actours in this</HI>
Trea&s;onable De&s;ign <HI>were condemned and executed, as Trai|tors,
in &s;everall places; and the re&s;t enforced</HI> to a publick
&s;ubmi&s;&s;ion, <HI>and then pardoned.</HI></P>
<P>2. <HI>In the</HI><NOTE N="a" PLACE="marg">Stow, Holin|&s;hed, Sp<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ed, Graften, Baker in XI. 21. R. 2. and 1. H. 4. Satutes at large, 11. and 21 R. 2. &amp; 1. H. 4 M. <HI>St. <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ohns</HI> Speech concer|ning the &s;hip|mony Judges, p. 28. to 37. And Argument at Law, at <HI>Straffords</HI> At|tainder.</NOTE> Parliament <HI>XL. R.</HI> 2. (<HI>as appears by the</HI> Par|liament
Rolls <HI>and printed</HI> Statutes <HI>at large</HI>) three Prive Coun+cellours,
the Archbi&s;hop of York, the Duke of <HI>Ireland,</HI> and
Earl of Suffolk; <HI>the Bi&s;hop of</HI> Exeter <HI>the Kings Confe&s;&s;our,
five Knights, &s;ix Judges, (whereof Sir</HI> Robert Tre&s;ilian Chief
Ju&s;tice <HI>was one</HI>) Blake <HI>of the Kings Councel at Law,</HI> &V;sk
<HI>and others, were</HI> impeached and condemned of High Trea&s;on,
&s;ome of them executed as Traytors, the re&s;t bani&s;hed, their Lands
<PB N="26" REF="15">
and goods forfeited, and none to endevour to procure their pardon,
under pain of Felony; for endeavouring to overthrow a Commi&s;|&s;ion
for the good of the Kingdome, and contrary to an Act of Par|liament
of force of arms and Opinions in Law delivered to the
King, tending to &s;ubvert the Laws and Statutes of the Realm, o|verthrow
the Power, Priviledges, and proceedings of Parliament,
and betray (not all the hou&s;e of Lords, <HI>but only</HI>) &s;ome of the
Lords of Parliament, <HI>which Judgement being afterwards
rever&s;ed in the</HI> forced, and packed Parliament <HI>of 21. R. 2. was</HI>
reconfirmed <HI>in the</HI> Parliament <HI>of 1 H. 4. c. 3. 4, 5. and the</HI>
Parliament <HI>of 21. R.</HI> 2. totally repealed, and adnulled for ever, <HI>and
hath &s;o continued.</HI></P>
<P>3. <HI>In the</HI><NOTE N="a" PLACE="marg">Mr. St. John at Law again&s;t <HI>Straffords</HI> At|tainder. p. 13. 14, 17.</NOTE> <HI>Parliament of 17 R. 2. n. 20. and Pa&s;.</HI> 17.
<HI>R. 2. B. RS. Ror. 16. Sir</HI> Thomas Talbot <HI>was accu&s;ed and
found</HI> guilty of High Trea&s;on for con&s;piring the death of the
Dukes of Gloce&s;ter, Lanca&s;ter and other Peers, who maintain|ed
the Commi&s;&s;ion confirmed by act of Parliament, X. R. 2. and
a&s;&s;embling people in a warlike manner in the County of Che&s;ter,
for the effecting of it, in de&s;truction of the E&s;tates of the
Realm; <HI>and OF THE LAWES OF THE KING|DOME.</HI></P>
<P>4. In the 29. year of King <HI>Henry</HI> the &s;ixth, <HI>Jack Cade,</HI>
under a pretence to REFORM, <HI>alter, and abrogate &s;ome
Laws, Purveyances and extortions importable to the Commons</HI>
(wherupon he was called <HI>JOHN AMEND ALL</HI>) drew a
great multitude <HI>of Kenti&s;h people</HI> to <HI>Black Heath</HI> in a war|like
manner to effect it: in the <HI>Parliament</HI> of 29. H. 6. c. 1.
this was adjudged <HI>High Trea&s;on in him and his Complices;</HI> by
act of Parliament: and the <HI>Parliament</HI> of 31. H. 6. c. 1.
made this memorable Act again&s;t him, and his Imitators
in&s;ucceeding ages; worth &s;erious peru&s;all and con&s;ide|ration
by all who tread in his foot&s;teps and over-act him
in his Trea&s;ons.</P>
<Q REND="inline margQuotes">"<P>Whereas the mo&s;t abominable Tyrant, horrible, odious, and
errant <HI>FALSE TRAITOR,</HI> John Cade, calling him&s;elf
&s;ometimes <HI>Mortimer,</HI> &s;ometime Captain of <HI>Kent, (which
Name,</HI> Fame, Acts and Feats, to be removed out of the &s;peech and
mind of every faithfull Chri&s;tian man, perpetually,) fal&s;ly and
<PB N="27" REF="15">
trayterou&s;ly purpo&s;ing and imagining the perpetual de&s;truction of
the KINGS PERSON and FINALL S&V;BVERSION
OF THIS REALM, taking upon him<NOTE N="*" PLACE="marg">And have not others of late a&s;&s;umed to them&s;elves, <HI>more Royal power than</HI> he? re&s;olved to be Trea&s;on by 21. <HI>E.</HI> 3. Rot. Parl. n. 15.</NOTE> <HI>ROYALL
POWER,</HI> and gathering to him the Kings people in great
number, <HI>BY FALSE, SUBTIL, IMAGINED LAN|GUAGE,</HI>
and &s;editiou&s;ly made a &s;tirring Rebellion, and in|&s;urrection,
&V;NDER COLO&V;R OF J&V;STICE FOR
REFORMATION OF THE LAWS OF THE SAID
KING, robbing, &s;laying, &s;poiling a great part of his faithfull
people: <HI>Our &s;aid Soveraign Lord the King, con&s;idering
the premi&s;es with many other, which were more odi|ous
to remember, by advice and a&s;&s;ent of the Lords
&s;pirituall and Temporall, and at THE REQUEST
OF THE COMMONS, and by authority afore&s;aid,</HI>
hath ordained and e&s;tabli&s;hed, that the &s;aid <HI>John</HI> Cade &s;hall be
had named and declared <HI>A FALSE TRAYTOR</HI> to our
&s;aid Soveraign Lord the King;<NOTE PLACE="marg">Nota.</NOTE> <HI>and that all</HI> His Tyranny,
Acts, Facts, fal&s;e Opinions, &s;hall be voyded, abated, adnul|led,
de&s;troyed, <HI>and</HI> put out of remembrance for ever. <HI>And
that</HI> all indictments in time coming, in like ca&s;e under power of
Tyranny, Rebellion <HI>and</HI> &s;tirring had, &s;hall be of no regard, nor
effect, but void in Law: <HI>and all the Petitions</HI><NOTE N="*" PLACE="marg">To wit by <HI>Cade</HI> and his confederates for the altera|tion of the Laws, <HI>&amp;c.</HI></NOTE> delivered
to the &s;aid King in his la&s;t Parliament holden at <HI>We&s;tmin&s;ter,
the &s;ixth day of</HI> November, <HI>the</HI> 29. of his Reign, again&s;t
his mind, by him not agreed, &s;hall be taken and put in oblivion
out of remembrance, undone, voided, adnulled and de&s;troyed,
for ever, as a thing purpo&s;ed again&s;t God and his Con&s;cience,
and again&s;t his Royall e&s;tate and preheminence, and al&s;o DIS|HONO&V;RABLE
<HI>and</HI> &V;NREASONABLE.</P>"</Q>
<P>5. In the<NOTE N="a" PLACE="marg">See Mr. S^t. <HI>Iohns</HI> Argu|ment again&s;t <HI>Strafford,</HI> p. 178. Halls Chronicle and Hollin&s;hed.</NOTE> 8 year of King <HI>Henry</HI> the 8. <HI>William Bell,</HI>
and <HI>Thomas Lacy,</HI> in the County of <HI>Kent</HI> con&s;pired with
<HI>Thomas Cheyney</HI> (the Hermite of the <HI>Queen of Fairies)
TO OVERTHROW THE LAWS AND C&V;STOMES
OF THE REALM:</HI> for effecting whereof, they with
200. more met together, and concluded upon a cau&s;e or
rai&s;ing greater forces in <HI>Kent,</HI> and the adjacent <HI>Shires,</HI> this
was <HI>adjudged high Trea&s;on,</HI> and &s;ome of them <HI>executed as
Traytors.</HI> Moreover, it<NOTE N="b" PLACE="marg">Cooks 3. in&s;ti|tutes, p. 9. 10.</NOTE> <HI>was re&s;olved by all the Judges of
<PB N="28" REF="16">
in the reign of</HI> Henry 8. <HI>that an In&s;urrection again&s;t the Sta|tute
of Labourers, or for the inhan&s;ing of Salaries and wages
was TREASON, a levying war again&s;t the King,</HI> BECAUSE
IT WAS GENERALLY AGAINST THE KINGS
LAW, and the offendors took upon them THe RE|FORMATION
THEREOF, which <HI>Subjects by gathering
of power ought not to do.</HI></P>
<P><NOTE N="a" PLACE="marg">Cooks 4. In|&s;titutes, ch. 8. p. 89. to 96.</NOTE>6. On December 1. <HI>in the 21. year of King</HI> Henry
the 8. <HI>Sir</HI> Thomas Moore, <HI>Lord Chancellour of</HI> England,
<HI>with 14. more, Lords of the Privy Councel,</HI> John Fitz-James,
Chief Ju&s;tice of <HI>England, and Sir</HI> Anthony Fitzher|hert,
<HI>one of the</HI> Judges of the Common Pleas, <HI>exhibited &s;undry
Articles of impeachment to King</HI> Henry the 8. <HI>again&s;t</HI>
Cardinall Wol&s;y: That he had by divers and many &s;undry wayes
and fa&s;hions committed High trea&s;on, <HI>and NOTABLE GRIE|VOUS
OFFENCES,</HI> mi&s;u&s;ing, <HI>Altering, and &s;ubverting
the order of his Graces Lawes,</HI> and otherwi&s;e; contrary to
his high Honour, Prerogative, Crown, E&s;tate and Dignity
Royall; to the ine&s;timable great hinderance, diminution and
decay of the uniuer&s;all Wealth of this his Graces Realm. <HI>The
Articles are 43. in number: The</HI> 20, 21, 26, 30, 35, 37, 42,
43. <HI>contain,</HI> his illegall, arbitrary practices and proceedings to
the &s;ubver&s;ion of the due cour&s;e and order of his Graces Lawes,
to the undoing of a great number of his loving people. Whereup|on
they pray. Plea&s;e therefore your mo&s;t excellent Maje&s;ty of your
excellent goodne&s;&s;e towards the Weal of this your Realm, and
Subjects of the &s;ame, to &s;ee &s;uch order and direction upon the
&s;aid Lord Cardinall, <HI>As may be to terrible example of o|ther,
to beware to offend your Grace,</HI> and <HI>your Lawes
hereafter:</HI> And that he be &s;o provided for that he never have a|ny
Power, Jurisdiction or Authority hereafter, to trouble, vex,
or impoveri&s;h the Common wealth of this your Realm, as he
hoth done heretofore, to the great hurt and dammage of every
man almo&s;t, High and low. <NOTE N="*" PLACE="marg">See Speed, Holi&s;hed, Graf|ton, Stow, <HI>An|tiquitates Ec|cle&s;iae,</HI> Brit. p. 378. &amp; 379. and <HI>Goodwin</HI> in his life time.</NOTE><HI>His</HI> poy&s;oning <HI>him&s;elf prevented
his judgement for the&s;e his Practi&s;es.</HI></P>
<P><NOTE N="b" PLACE="marg">M. <HI>St. Iohns</HI> Argument a|gain&s;t <HI>Strafford</HI></NOTE>7. The <HI>Statute of 1. Marie</HI> c. 12. Enacts that if 12. or more
&s;hall endeavour <HI>By force to alter any of the Laws or Statutes
of the Kingdome;</HI> the offender &s;hall from the time therein
<PB N="29" REF="16">
limited be adjudged ONELY AS A FELON: whereas it
was <HI>Trea&s;on</HI> before; but this Act continuing but till the
next <HI>Parliament,</HI> and then expiring, the offence remains
Trea&s;on, as before.</P>
<P><NOTE N="a" PLACE="marg">Cook 3 In&s;t. c. 1. 9, 10. and M. <HI>St. Iohns</HI> Argument at Law, a|gain&s;t <HI>Strafford</HI> p. 15, 16.</NOTE>8. <HI>In the</HI> 39. <HI>of Queen</HI> Eli&s;abeth, <HI>divers in the Coun|ty
of</HI> Oxford <HI>con&s;ulted together, to</HI> go from Hou&s;e to Hou&s;e,
in that County, and from thence to <HI>London</HI> and other parts, to
excite them to take arms for the throwing down of inclo&s;ures
throughout the Realm; <HI>nothing more was pro&s;ecuted, nor
A&s;&s;emblies made; yet</HI> in Ea&s;ter Term 39. Eli&s;abeth, <HI>it was</HI>
re&s;olved by all the judges of <HI>England (who met about the
ca&s;e) That this was</HI> High Trea&s;on, and a levying Warre a|gain&s;t
the Queen, becau&s;e it was to throw down all inclo&s;ures
throughout the Kingdome, to which they could pretend no right,
and that the end of it was, to <HI>OVERTHROW THE LAWS
AND STATUTES for</HI> Inclo&s;ures. Whereupon <HI>BRAD|SHAW
and BURTON (two of the principall offenders</HI>)
were condemned and executed at <HI>Aici&s;ton</HI> Hill in <HI>Oxford&s;hire,
where they intended their fir&s;t meeting.</HI></P>
<P><NOTE N="b" PLACE="marg">See the Jour|nals of both Hou&s;es, and Act for his Attainder, Mr. <HI>Pyms</HI> De|claration upon the whole mat|ter of the Charge of High Trea&s;on again&s;t him, April the 12. 1641. M. <HI>St. Iohns</HI> Argument at Law at his Attainder, and <HI>Diurnal Oc|currences.</HI></NOTE>9. <HI>To come nearer to our pre&s;ent times and ca&s;e. In
the la&s;t</HI> Parliament of King <HI>Charls,</HI> Anno 1640. 1641. The
whole hou&s;e of Commons impeached <HI>Thomas</HI> Earl of <HI>Strafford,</HI>
Lord Deputy of <HI>Ireland</HI> of High Trea&s;on, among&s;t other
<HI>Articles, for this crime e&s;pecially (wherein all the other
centred,</HI>) That he hath <HI>TREASONABLY ENDEVOU|RED</HI>
by his Words, Actions and Coun&s;els, to <HI>SUBVERT THE
FUNDAMENTALL LAWS OF ENGLAND and IRE|LAND,</HI>
and introduce an Arbitrary and Tyrannicall Govern|ment.
<HI>This the whole</HI> Parliament <HI>declared and adjudged
to be</HI> High Trea&s;on, <HI>in and by their</HI> votes, and a &s;peciall
Act of Parliament for his Attainder; <HI>for which he was con|demned
and &s;oon after executed on</HI> Tower Hill, <HI>as a</HI> Tray|tour
to the King and Kingdome, <HI>May</HI> 22. 1641.</P>
<P><NOTE N="c" PLACE="marg">See the Com|mons and Lords <HI>Iournals,</HI> his printed im|peachment, Mr. Pyms Speech thereat, <HI>Can|buties</HI> Doom. p. 25, 26, 2<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> 38, 40&punc;</NOTE>10. The <HI>whole Hou&s;e of Commons</HI> the &s;ame <HI>Parliament</HI>
impeached <HI>William Laud Archbi&s;hop of</HI> Canterbury <HI>of</HI>
HIGH TREASON; in the&s;e very terms, <HI>February</HI> 6.
1640.</P>
<P><HI>Fir&s;t,</HI> That he hath <HI>trayterou&s;ly endeavoured to &s;ubvert
<PB N="30" REF="17">
Fundamentall Lawes and Government of this Kingdome
of</HI> England, and in&s;tead thereof to introduce <HI>An Arbitrary</HI>
and <HI>Tyrannicall Government again&s;t Law:</HI> <NOTE PLACE="marg">See chap. 2. Propo&s;ition 1.</NOTE>
<Q REND="inline margQuotes"><P>"and he to that
end hath wickedly, <HI>and TRAYTEROUSLY</HI> advi&s;ed his Ma|je&s;ty,
that he might at his own will and plea&s;ure, L<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">vy and take
money of his Subjects without their con&s;ent in Parliament, and
and this he affirmed was warrantable by the Law of God.</P>
<P><HI>Secondly,</HI> He hath for the better accompli&s;hment of that his
Trayterous de&s;ign, <HI>advi&s;ed and procured Sermons and o|ther
Di&s;cour&s;es, to be preached, printed and publi&s;h|ed,</HI>
in which the Authority of Parliaments, and the force of
the Lawes of this Kingdome have been denyed, and ab&s;olute
and unlimited Power over the per&s;ons and e&s;tates of his Maje|&s;ties
Subjects maintained and defended, not onely in the King,
but in him&s;elf and other Bi&s;hops again&s;t the Law.</P>
<P>Thirdly, <HI>He hath by Letters, Me&s;&s;ages, Threats
and promi&s;es, and by divers other wayes to Judges, and
other Mini&s;ters of Ju&s;tice, interrupted, perverted, and at o|ther
times by means afore&s;aid hath endevoured to interrupt and
pervert the cour&s;e of Ju&s;tice in his Maje&s;ties Courts at</HI> We&s;t|min&s;ter
<HI>and other Courts,</HI> TO THE SUBVERSION
OF THE LAWS OF THIS KINGDOME, whereby
&s;undry of his Maje&s;ties Subjects have been &s;topt in their
ju&s;t &s;uits, deprived of their lawfull Rights, and &s;ub|jected
to his Tyrannical will, to their ruine and de&s;tru|ction.</P>
<P>Fourthly, <HI>That he hath trayterou&s;ly endevoured to cor|rupt
the other Courts of Ju&s;tice,</HI> by a vi&s;ing and procu|ring
his Maje&s;ty to &s;ell places of Judicature, and other
offices, CONTRARY TO THE LAWS and CU|STOMES
in that behalf.</P>
<P>Fifthly, He hath TRAYTEROUSLY cau&s;ed a Book
of <HI>Canons</HI> to be compiled and publi&s;hed, without any
lawfull warrant and Authority in that behalf; <HI>in
which pretended Canons many matters are contained, contrary
to</HI> 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, <HI>and mat|ters
<PB N="31" REF="17">
tending to &s;edition and of dangerous con&s;equence; and to
the e&s;tabli&s;hing of a va&s;t, unlawfull, pre&s;umptuous power in
him&s;elf and his Succe&s;&s;ors &amp;c.</HI></P>
<P>Seventhly, That he hath trayterou&s;ly endevored to <HI>al|ter
and &s;ubvert Gods true Religion BY LAW ESTABLISH|ED;</HI>
and in&s;tead thereof to &s;et up Popi&s;h Religion and
Idolatry, And to that end hath declared, and maintain|ed
in Speeches and Printed Books, divers Popi&s;h Do|ctrines,
and opinions, contrary to to the Articles of
Religion, <HI>ESTABLISHED BY LAW.</HI> He hath urged
and enjoyned divers Popi&s;h, and Super&s;titious Cere|monies
<HI>WITHO&V;T ANY WARRANT OF LAW;</HI>
and <HI>hath cruelly per&s;ecuted tho&s;e who have oppo&s;ed the &s;ame, by
corporall puni&s;hments, and impri&s;onments; and mo&s;t unju&s;tly
vexed others who refu&s;ed to conform thereunto by Ecccle&s;ia|&s;ticall
Cen&s;ures, Excommunication, Su&s;pen&s;ion, Deprivation
and Degradation, CONTRARY TO THE LAWS OF
THIS KINGDOME.</HI></P>
<P>13. He did by his own authority and power contra|ry
to Law <HI>procure</HI> &s;undry of his Maje&s;ties Subjects, and
enforced the Clergy of this Kingdome to contribute
towards the maintenance of the war again&s;t the <HI>Scots.</HI></P>
<P>That to pre&s;erve him&s;elf from being que&s;tioned for
the&s;e and other his Trayterous Cour&s;es, he hath
laboured <HI>to Subvert the Rights of Parliament, and the an|cient
Cour&s;e of Parliamentary Proceedings,</HI> and by fal&s;e and
malicious &s;landers to incen&s;e his Maje&s;ty again&s;t Par|liaments.</P>"</Q></P>
<P>All which being proved again&s;t him at his Triall, were
after &s;olemn Argum<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">nt by Mr. <HI>Samuel Brown</HI> in behalf of
the Commons Hou&s;e proved; and &s;oon after adjudged,
to be <HI>High Trea&s;on at the Common Law,</HI> by <HI>both Hou&s;es of
Parliament;</HI> and &s;o declared in the <HI>Ordinance for his At|tainder:</HI>
for which he was <HI>condemned and beheaded</HI> as <HI>a Trai|tor
again&s;t the King, Law and Kingdome,</HI> on Tower hill, <HI>Ja|nuary</HI>
10. 1644.</P>
<P>11. In the<NOTE N="a" PLACE="marg">See the Com|mons and Lords Journals, Durnal Occur|rences p. 15, 16 19. 37. 191. to 264. and Mr. St. <HI>Iohns</HI> Speech at a con&s;cience of both Hou&s;es of Parliament concerning &s;hi<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">mony and the&s;e Judges. Together with the Speeches of Mr. <HI>Hide,</HI> Mr. <HI>Walker,</HI> Mr. <HI>P<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">erpoint,</HI> Mr. <HI>Denzill Hollis,</HI> at their impeachments <HI><GAP DESC="illegible" RESP="tech" EXTENT="1 letter">uly</HI> 16. 1641. aggravating their offences in Diurnall Oc|currences and Speeches.</NOTE> &s;ame <HI>Parliament, December</HI> 21. Jan. 14. Fe|bruary
11. 1640. and July 6. 1641. Sir <HI>John Finch,</HI> then
<PB N="32" REF="18">
Lord Keeper, chief Ju&s;tice <HI>Bram&s;ton,</HI> Judge <HI>Berkly,</HI> Judge
<HI>Crawly,</HI> Chief Baron <HI>Davenport,</HI> Baron <HI>We&s;ton,</HI> and Baron
<HI>Turnour,</HI> were accu&s;ed and impeached by the Hou&s;e of
Commons, by &s;everal <HI>Articles</HI> tran&s;mitted to the Lords,
OF HIGH TREASON, <HI>for that they had</HI> Traitorou&s;ly <HI>and
wickedly endeavoured</HI> to &s;ubvert the Fundamentall Laws,
and e&s;t<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">bli&s;hed Government of the Realm of ENGLAND,
<HI>and in&s;tead thereof to introduce</HI> an Arbitrary and Tyranni|call
Government again&s;t Law; <HI>which they had declared by
Traiterous and wicked words, opinions, judgement, and more e|&s;pecially
in this their extrajudiciall opinion &s;ub&s;cribed by them in
the ca&s;e of</HI> Ship-money, viz. <HI>We are of opinion, that when
the good and &s;afety of the Kingdome in generall is concerned, and
the whole kingdome in danger; Your Maje&s;ty may by Writ under
the Great Seal of</HI> England (without con&s;ent in Parliament)
<HI>command all your Subjects of this your Kingdome,</HI><NOTE PLACE="marg">See ch. 2. Pro|po&s;ition 1.</NOTE> <HI>at their charge
to provide and furni&s;h &s;uch a number of Ships, with Men, Victu|all
and Ammunition, and for &s;uch time as your Maje&s;ty &s;hall think
fit, for the Defence and &s;afeguard of the Kingdome, from &s;uch
danger and perill. And we are of opinion, that in &s;uch ca&s;e, your
Maje&s;ty is the &s;ole Judge both of the danger, and when, and how,
the &s;ame is to be prevented and avoided.</HI> And likewi&s;e for ar|guing
and giving iudgment accordingly in Ma&s;ter <HI>John
Hempdens</HI> ca&s;e, in the <HI>Exchequer Chamber,</HI> in the point of
Ship money in <HI>Aprill 1638. which &s;aid Opinions</HI> are De|&s;tructive
to the Fundamental Laws of the Realm, the &s;ub|jects
Right of Propriety, <HI>and contrary to former Re&s;olutions
in Parliament,</HI> and the Petition of Right; <HI>as</HI> the words
of their &s;everal Impeachments run. Sr. <HI>John Finch</HI>
fled the Realm to <HI>pre&s;erve his head on his Shoulders;</HI> &s;ome o|thers
of them d<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ed through fear, to prevent the danger
&s;oon after their <HI>Impeachments;</HI> and the re&s;t put to Fines,
who were le&s;&s;e peccant.</P>
<P>12. Mr. <HI>John Pim,</HI> in his <HI>Declaration</HI> upon the whole
matter of the <HI>Charge</HI> of <HI>High Trea&s;on</HI> again&s;t <HI>Thomas</HI> Earle
of <HI>Strafford,</HI> April 12. 1641. before a <HI>Committee of both
Hou&s;es of Parliament in We&s;tmin&s;ter Hall; printed and publi&s;h|ed
by Order of the Hou&s;e of Commons;</HI> proves his endeavour
<PB N="33" REF="18">
to &s;ubvert the <HI>Fundamentall Law of England,</HI> and to intro|duce
an Arbitrary Power; to be <HI>High Trea&s;on,</HI> and an of|fence
very hainous in the nature, and mi&s;chievous in the
effects thereof; which (&s;aith he) will be&s;t appear, if it be
examined by that univer&s;all and &s;upream Law, <HI>Salus Popu|li:</HI>
the element of all laws, out of which they are deri|ved:
the end of all Laws, to which they are de&s;igned, and
in which they are perfected.</P>
<P>1. <Q REND="inline margQuotes"><P>'It is an offence comprehending all other offences.
Here you &s;hall finde &s;everal Trea&s;ons, Murthers, Rapins,
Oppre&s;&s;ions, Perjuries. There is in this Crime, a Semi|nary
of all evills, hurtfull to a State; and if you con|&s;ider
the Rea&s;ons of it, it mu&s;t needs be &s;o. The Law,
is that which puts a difference betwixt Good and Evill:
betwixt ju&s;t and unju&s;t.<NOTE PLACE="marg">Nota.</NOTE> If you take away the Law, all
things will fall into Confu&s;ion; every man will become
a law to him&s;elf, which in the depraved condition of hu|mane
nature mu&s;t needs produce man great enormities.
<NOTE N="*" PLACE="marg">And are they not &s;o now?</NOTE>Lu&s;t will become a Law, and Envy will become a Law;
Covetou&s;ne&s;&s;e and Ambition will become Laws; and
what Dictates, what deci&s;ions &s;uch laws will produce,
may ea&s;ily be di&s;cerned in the late Governm<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">nt of <HI>Ire|land,</HI>
(and <HI>England</HI> too &s;ince this.) The Law hath a po|wer
to prevent, to re&s;train, to repair evils: without this
all kind of mi&s;chiefs and di&s;tempers will break in upon
a State. It is the Law that doth the King to the Allegi|ance
and Service of his people: it intitles the People to
the Protection and Ju&s;tice of the King, &amp;c. <HI>The Law is
the Boundary, the mea&s;ure betwixt the Kings Prerogative,
and the peoples Liberty, whiles the&s;e move in their own O<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">b,
they are a &s;upport and &s;ecurity to one another: but if the&s;e
Bounds be &s;o removed that they enter into conte&s;tation and con|flict,
one of the&s;e mi&s;chiefs mu&s;t needs en&s;ue. If the Preroga|tive
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 &s;afeguard, the cu&s;tody
of all private intere&s;ts, your honours, your lives, your liberties,
and e&s;tates are all in the keeping of the Law, without this eve|ry
<PB N="34" REF="19">
man hath a like Right to any thing: and this is the condition
into which the Iri&s;h were brought by the Earl of</HI> Strafford,
(and the Engli&s;h by others who condemned him.) And
the rea&s;on which he gave for it, hath more mi&s;chief
than the thing it &s;elf: THEY ARE A CONQUER|ED
NATION (Let tho&s;e who now &s;ay the &s;ame of
<HI>England,</HI> as well as <HI>Scotland</HI> and <HI>Ireland,</HI> con&s;ider and
ob&s;erve what follows,) <HI>There cannot be a word more pre|gnant
and fruitfull</HI> IN TREASON, <HI>then that word is.
There are few Nations in the world, that have not been con|quered,
and no doubt but the Conquerour may give what Laws
he plea&s;e, to tho&s;e that are conquered. But if the &s;ucceeding
Acts and agreements do not limit and re&s;train that Right, what
people can be &s;ecure?</HI> England <HI>hath been conquered and</HI>
Wales <HI>hath been conquered; and by this rea&s;on will be in lit|tle
better ca&s;e than</HI> Ireland. <HI>If the King by the Right of a
Conquerour give Lawes to his people, &s;hall not the people by the
&s;ame rea&s;on be re&s;tored to the Right of the conquered,</HI> To re|cover
their Liberty if they can? What can be more hurt|full,
more pernicious than &s;uch Propo&s;itions as
the&s;e?</P>
<P>2. It is dangerous to the Kings per&s;on: and dange|rous
to his Crown: It is apt to cheri&s;h Ambition, u|&s;urpation
and Oppre&s;&s;ion in great men: and to beget
Sedition, Di&s;content in the people, and both the&s;e
have been, and in rea&s;on mu&s;t ever be cau&s;es of great
Trouble and Alterations to Prince and State. If the
Hi&s;tories of tho&s;e Ea&s;tern Countries be peru&s;ed, where
Princes order their Affairs according to the mi&s;chie|vous
Principles of the Earl of <HI>Strafford,</HI> LOOSE and
ABSOLVED FROM ALL RULES OF GOVERN|MENT;
they will be found to be frequent in combu|&s;tions,
full of Ma&s;&s;acres, and of the tragicall end of
Princes. If any man &s;hall look into our own Stories in
the times,<NOTE PLACE="marg">Nota.</NOTE> when the Laws were mo&s;t neglected, he &s;hall
find them full of Commotions, of Civil Di&s;tempers:
whereby the Kings that then raigned were alwayes
kept in want and di&s;tre&s;&s;e, the people con&s;umed with
<PB N="35" REF="19">
CIVIL WARRES: and by &s;uch wicked Coun&s;els as
the&s;e, &s;ome of our Princes have been brought to &s;uch mi|&s;erable
ends, <HI>As</HI><NOTE N="*" PLACE="marg">Note this all whole com|mons-hou&s;e Opinion then.</NOTE> <HI>no hone&s;t heart can remember without hor|rour</HI>
and <HI>earne&s;t Prayer, that it may never be &s;o again.</HI></P>
<P>3. As it is dangerous to the Kings per&s;on and Crown,
&s;o it is in other re&s;pects very prejudiciall to his Maje&s;ty,
in honour, profit and greatne&s;&s;e (which he there proves
at large, as you may there read at lea&s;ure) and yet the&s;e
are the Guildings and Paintings, that are put upon &s;uch
Coun&s;els: The&s;e are for your Honour, for your
Service.</P>
<P>4. It is incon&s;i&s;tent with the Peace, the Wealth, the
Pro&s;perity of a Nation. It is de&s;tructive to Ju&s;tice,
the mother of Peace: to Indu&s;try, the Spring of Wealth;
to Valour, which is the active vertue, whereby the pro|&s;perity
of a Nation can onely be procured, confirm|ed,
and enlarged. It is not onely apt to take a way Peace,
and &s;o intangle the Nation with warres, but doth cor|rupt
Peace, and powrs &s;uch a malignity into it, as pro|duceth
the effects of War: both to the<NOTE N="*" PLACE="marg">Is not this an experimen|tall truth now.</NOTE> NOBILITY
and others having as little &s;ecurity of THEIR PER|SONS
OR ESTATES, in this peaceable time, as if the
Kingdome had been under the fury and rage of warre.
And as for Indu&s;try and Valour, who will take pain<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">
for that, which when he hath gotten, is not his own?
or who fights for that wherein he hath no other intere&s;t,
but &s;uch as is &s;ubject to the will of another? <HI>&amp;c.</HI>
Shall it be Trea&s;on to emba&s;e the Kings Coin; though
but a piece of twelve pence or &s;ix pence, and mu&s;t it not
needs be the effect of GREATER TREASON to
<NOTE N="*" PLACE="marg">And were they ever &s;o ba&s;e, cowardly, &s;lavi&s;h as now?</NOTE> emba&s;e the Spirits of his Subjects, and to &s;et a &s;tamp
and Character of Servitude upon them, whereby they
&s;hall be di&s;abled to do any thing for the Service of the
King or Common-wealth?</P>
<P>5. In times of &s;udden danger, by the Inva&s;ion of an
enemy, it will di&s;able his Maje&s;ty to pre&s;erve him&s;elf and
his Subjects from that danger. When war threatens a
Kingdome, by the coming of a forreign enemy, it is no
<PB N="36" REF="20">
time then to di&s;content the people, to make them wea|ry
of the PRESENT GOVERNMENT, and more in|clinable
to a change. The Supplies which are to come
in this way, will be unready, uncertain; there can be
no a&s;&s;urance of them, no dependence upon them, either
for time or proportion. And if &s;ome money be gotten
in &s;uch a way, the Di&s;tractions, the Divi&s;ions, Di&s;tem|pers,
which this cau&s;e is apt to produce, will be more
prejudiciall to the publick &s;afety, than the Supply can
be advantageous to it.</P>
<P>6. This crime is contrary to the Pact and Covenant between the
King and his people; by mutuall agreement and &s;tipulation, con|firmed
by OATH on both &s;ides.</P>
<P>7. It is an Offence that is contrary to the ends of Go|vernment.</P>
<P>1. To prevent Oppre&s;&s;ions; to<NOTE N="*" PLACE="marg">Was ever their power, vi|olence &s;o un|limited, un|bounded in all Kinds as now?</NOTE> limit and re&s;train the ex|ce&s;&s;ive
power and violence of great Men: to open pa&s;&s;ages of Ju|&s;tice
with indifference towards all.</P>
<P>2. To pre&s;erve men in their E&s;tates, to &s;ecure them in their
Lives, and Liberties.</P>
<P>3. That vertue &s;hould be cheri&s;hed, and vice &s;uppre&s;&s;ed: but
where Laws are &s;ubverted, and arbitrary and unlimited power
&s;et up; a way is open not onely for the &s;ecurity, but for the
Advancement and Incouragement of evil. Such men as are
<NOTE N="*" PLACE="marg">Is it not mo&s;t true of late and &s;till?</NOTE> apte&s;t for the execution and maintenance of this power are
onely capable of Preferment, and others, will not he In&s;tru|ments
of any unju&s;t Commands, who make con&s;cience to do any
thing again&s;t the Law of the Kingdome,<NOTE PLACE="marg">Nota.</NOTE> and Liberties of the
Subject, are not only not pa&s;&s;able for imployment; <HI>but SUBJECT
TO MUCh JEALOUSIE and DANGER, (Is not this
their Condition of late and pre&s;ent times?</HI> expertus lo|quor.)</P>
<P>4. That all Accidents and events, all Coun&s;els, and De&s;igns
&s;hould be improved to the publick good. But this arbitrary power
is apt to di&s;po&s;e all to the maintenance of it &s;elf. <HI>And is it not
&s;o now?</HI></P>
<P>8. The Trea&s;ons of Suber&s;ions of the Lawes, violation of
Liberties can never be good or ju&s;tifiable by any circum&s;tance or
<PB N="37" REF="20">
occa&s;ion, being evil in their own nature, how &s;pecious or good &s;o|ever
they be pretended. He alledgeth it was a time of <HI>GREAT
NECESSITY and DANGER,</HI><NOTE PLACE="marg">Nota.</NOTE> when &s;uch Coun&s;els were
nece&s;&s;ary <HI>FOR THE PRESERVATION OF THE
STATE, (the Plea &s;ince, and now u&s;ed by others, who
condemned him:</HI>) If there were any <HI>NECESSITY IT
WAS OF HIS OWN MAKING.</HI> He by his evil Coun&s;el
had brought the King (<HI>as others the Kingdome &s;ince</HI>) into
a nece&s;&s;ity; and by no Rules of Ju&s;tice can be allowed to gain
this advantage to his Ju&s;tification; which is <HI>A GREAT
PART OF HIS OFFENCE.</HI></P>
<P>9. As this is Trea&s;on in the nature of it, &s;o it doth
exceed all other Trea&s;ons in this; that in the De&s;ign
and endevour of the Authour, it was to be A CON|STANT
and PERMANENT TREASON; a &s;tanding,
perpetual Trea&s;on, which would have been in continu|all
Act, not determined within one time or age, but
tran&s;mitted to Po&s;terity, even from Generation to Ge|neration.
And are not others Trea&s;ons of late times
&s;uch, proclaimed &s;uch, in and by their own <HI>Printed Pa|pers,</HI>
and therein exceeding <HI>Straffords?</HI></P>
<P>10. As it is a crime <HI>Odious</HI> in the nature of it, &s;o it is
odious in the Judgement and e&s;timation of the Law.
TO ALTER THE SETLED FRAME AND CON|STITUTION
OF GOVERNMENT IN ANY
STATE. (Let tho&s;e con&s;ider it who are guilty of it in
the highe&s;t Degree, beyond <HI>Strafford, Canterbury,</HI> or the
<HI>Shipmony Judges</HI> in our own State) The Lawes whereby
all parts of a Kingdome are pre&s;erved, &s;hould be very
vain and defective, if they had not a <HI>Power to &s;ecure and
pre&s;erve them&s;elves.</HI> The <HI>Forfeitures</HI> inflicted for <HI>Trea&s;on</HI> by
our <HI>Law,</HI> are of <HI>Life, Honour</HI> and <HI>E&s;tate,</HI> even all that
can be forfeited: and this <HI>Pri&s;oner,</HI> although he &s;hould
<NOTE N="*" PLACE="marg">And others, as well as he, of farre in&s;e|riour place and E&s;tate.</NOTE> pay all the&s;e <HI>Forfeitures,</HI> will &s;till be a <HI>Debtor</HI> to the
<HI>Common wealth.</HI> Nothing can be more equall, <HI>then that he
&s;hould peri&s;h by the Ju&s;tice of the Law, which he would have
&s;ubverted.</HI> Neither will this be a <HI>New way of blood.</HI> There
are marks enough to trace this <HI>Law</HI> to the very Origi|nall
<PB N="38" REF="21">
of this Kingdome. And if it hath not been put in
execution, as he alledgeth this 240 years; it was not
for <HI>want of Law,</HI> but that all <HI>that time had not bread a man</HI>
<NOTE N="*" PLACE="marg">But have not our times bred men much bolder then he, &s;ince this Sp<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ech was made, and he executed.</NOTE> <HI>bold enough to commit &s;uch crimes as the&s;e:</HI> which is a
<HI>circum&s;tance</HI> much aggravating his <HI>Offence,</HI> and making
him no le&s;&s;e liable to puni&s;hment, becau&s;e he is THE
<NOTE N="*" PLACE="marg">Since he hath many follow|e<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">s.</NOTE> ONELY MAN, that in &s;o long a time hath ventured
UPON SUCH A TREASON AS THIS.'</P></Q></P>
<P>Thus far M. <HI>John Pym;</HI> in the <HI>Name</HI> and by the <HI>Order</HI> and
<HI>Authority</HI> of the whole <HI>Commons Hou&s;e</HI> in <HI>Parliament,</HI> w^c^h I
wi&s;h all tho&s;e, who by their <HI>Words, Actions, Coun&s;els</HI> (and
printed <HI>Publications</HI> too, <HI>have trayterou&s;ly endevoured to &s;ub|vert
the Fundamentall Lawes, Liberties of</HI> England and <HI>Ire|land,
and to introduce an arbitrary and Tyrannicall Government
again&s;t Law,</HI> as much as ever <HI>Strafford</HI> did, and out &s;tripped
him therein, (even &s;ince his execution) in all particulars,
for which he was <HI>beheaded;</HI> would now &s;eriou&s;ly lay to
heart, and &s;peedily reform, le&s;t they equall or exceed him
in conclu&s;ion, in <HI>Capitall puni&s;hments</HI> for the &s;ame, or end|le&s;&s;e,
<HI>Helli&s;h Torments.</HI></P>
<P>The next Authority I &s;hall produce in point is, <HI>The
&s;peech and Declaration</HI> of Mr. <HI>Oliver St. John</HI> at a Conference
of both <HI>Hou&s;es of Parliament,</HI> concerning <HI>Shipmony</HI> upon
Judge <HI>Finches Impeachment of High Trea&s;on,</HI> January 14.
1640. printed by the <HI>Commons Order, London,</HI> 1641. where|in
he <HI>declares the &s;en&s;e of the Commons.</HI> p. 12. <HI>&amp;c.</HI>
<Q REND="inline margQuotes"><P>'<HI>That by the
Judges Opinions</HI> (forecited) <HI>concerning Shipmony</HI> THE
FUNDAMENTAL LAWS OF THE REALM CON|CERNING
OUR PROPERTY and OUR PER|SONS
ARE SHAKEN. <HI>Who&s;e Trea&s;onable Offence</HI> here|in,
he thus aggravates. <HI>p. 20. &amp;c.</HI> The <HI>Judges</HI> as is declared
in the Parliament of 11. <HI>R.</HI> 2. are the <HI>Executors</HI> of the <HI>Sta|tutes,
and of the Judgements and Ordinances of Parliament.</HI>
They have here made them&s;elves the<NOTE N="*" PLACE="marg">Have none done &s;o &s;ince them.</NOTE> <HI>EXEC&V;TIONERS
OF THEM;</HI> they have endevoured <HI>THE DESTR&V;|CTION
OF THE F&V;NDAMENTALS OF O&V;R LAWS
and LIBERTIES. Holland</HI> in the <HI>Low-Countries</HI> lies un|der
the Sea: the <HI>Superficies</HI> of the <HI>Land,</HI> is lower than
<PB N="39" REF="21">
the <HI>Superficies</HI> of the <HI>Sea.</HI> It is <HI>Capitall</HI> therefore for any
man to cut the <HI>Banks,</HI> becau&s;e they defend the Country.
Be&s;ides our own,<NOTE PLACE="marg">See chap. 2.</NOTE> even Forreign Authours, as <HI>Comines</HI>
ob&s;erves,<NOTE PLACE="marg">Propo&s;ition 1.</NOTE> That the Statute <HI>DE TALLAGIO,</HI> and the
other <HI>old Laws</HI> are the <HI>Sea walls</HI> and <HI>Banks,</HI> which keep
the Commons from the innundation of the Preroga|tive.
The&s;e<NOTE N="*" PLACE="marg">Aave not o|ther Pioners and Ja&s;&s;es done the like?</NOTE> <HI>Pioners</HI> have not onely <HI>undermined</HI> the&s;e
<HI>Banks,</HI> but they have <HI>levelled</HI> them even with the ground.
It one that was known to be <HI>Ho&s;tis Patriae,</HI> had done this,
though the <HI>Dammage</HI> be the &s;ame, yet the <HI>Guilt</HI> is le&s;&s;e;
but the <HI>Con<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ervatores Riparum,</HI> the over&s;eers intru&s;ted
with the Defence of the&s;e <HI>Banks,</HI> for them to de&s;troy
them; the <HI>breach of Tru&s;t</HI> aggravates, nay alters the na|ture
of the offence. <HI>Breach of Tru&s;t</HI> though in a private
Per&s;on, and in the lea&s;t things, is <HI>odious among&s;t all men:</HI>
much more in a publick Per&s;on, in things of great and
publick concernment, becau&s;e<NOTE N="*" PLACE="marg">This is now grown a meere Paradox.</NOTE> GREAT TRUST
BINDS THE PARTY TRUSTED TO GREAT|EST
CARE AND FIDELITY.</P>
<P>It is TREASON in the <HI>Con&s;table of Dover Ca&s;tle</HI> to deli|ver
the Keys to the known enemies of the Kingdom, be|cau&s;e
the <HI>Ca&s;tle is the Key of the Kingdome:</HI> wheras if the
hou&s;ekeeper of a private per&s;on, deliver po&s;&s;e&s;&s;ion to his
Adver&s;ary, it is a crime &s;carce puni&s;hab<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">e by Law. The
<NOTE N="*" PLACE="marg">What are they now of late times of pub|lick Changes?</NOTE> <HI>Judges</HI> under his <HI>Maje&s;ty,</HI> are the Per&s;ons tru&s;ted with
the Laws and in them with the <HI>Lives, Liberties and E&s;tates
of the whole Kingdom.</HI> This Tru&s;t of all we have, is prima|rily
from his <HI>Maje&s;ty,</HI> &amp;<NOTE N="*" PLACE="marg">See 27 H. 8. c. 24. 26. Ma|gna 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 Ju|stices.</NOTE> in him delegated to the <HI>Judges.</HI>
His <HI>Maje&s;ty</HI> at his <HI>Coronation</HI> is bound by his <HI>Oath</HI> TO
EXECUTE JUSTICE TO HIS PEOPLE ACCOR|DING
TO THE LAWS, thereby to a&s;&s;ure the people
of the faithfull performance of his <HI>Great Tru&s;t:</HI> His Ma|je&s;ty
again, as he tru&s;ts the <HI>Judges</HI> with the performance
of this part of his <HI>Oath;</HI> &s;o doth he likewi&s;e exact ano|ther
<HI>Oath</HI> of them, for their due execution of Ju&s;tice to
the people, according to the Laws: hereby the Judges
&s;tand intru&s;ted with this part of his <HI>Maje&s;ties Oath.</HI> If
therefore the <HI>Judges</HI> &s;hall do wittingly again&s;t the Law,
<PB N="40" REF="22">
they do not onely break their <HI>own Oaths,</HI> and therein the
<HI>Common Faith and Tru&s;t of the whole Kingdome,</HI> but do as
much as in them lies, &s;p<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">rce and blemi&s;h the &s;acred
Per&s;on of his <HI>Maje&s;ty</HI> with the odious and hatefull &s;in of
<NOTE N="*" PLACE="marg">Was it ever &s;o freque <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">t a &s;ia as now in all &s;orts of late Judges, Officers Subjects?</NOTE> <HI>Perjury.</HI></P>
<P><HI>My Lords,</HI> the hainou&s;ne&s;&s;e of this offence is mo&s;t le|gible
in the<NOTE N="*" PLACE="marg">Do none de|&s;erve as &s;evere now?</NOTE> &s;evere puni&s;hment which former ages have
inflicted upon tho&s;e <HI>Judges,</HI> who have broken any part
of their <HI>Oaths</HI> wittingly, though in things not &s;o dan|gerous
to the Subject, as in the ca&s;e in que&s;tion.<NOTE N="*" PLACE="marg">See Cooks 3. Instil. p. 146, 147&punc; and f. 133 Hollir&s;hed p. 284, 285. Speeds Hi&s;tory p. 651. S<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ow, Wal&s;ingham, Daniel in 18 Ed. 1.</NOTE> Sir
<HI>Thomas Wayland,</HI> Chief Ju&s;tice of the <HI>Common-Pleas, 17 E.</HI>
1. was attainted of <HI>Felony for taking bribes,</HI> and his <HI>Lands</HI>
and <HI>Goods forfeited,</HI> as appears in the <HI>Pleas of Parliament,</HI>
18 E. 1. and <HI>he was bani&s;hed the Kingdome,</HI> as unworthy to
live in the State again&s;t which he had &s;o much offended.
<NOTE N="*" PLACE="marg">See Cgoks 3. Instit. p. 145.</NOTE> Sir <HI>William Thorp</HI> Chief Ju&s;tice of the <HI>Kings Bench</HI> in <HI>Ed|ward</HI>
the thirds time, having of five per&s;ons received
five &s;everall <HI>Bribes,</HI> which in all amounted to one hun|dred
pounds, was for this alone, <HI>adjudged to be hanged, and
all his Goods and Lands forfeited:</HI> The rea&s;on of the Judge|ment
is entered in the Roll in the&s;e words. <HI>Quia praedi|ctus
Wilielmus</HI><NOTE N="*" PLACE="marg">Have none of this Name, or of his Functi|on &s;ince done the like in an higher degree?</NOTE> <HI>Thorp qui Sa cramentum Domini Regis erga
populum &s;uum habuit ad cu&s;todiendum, fugit malitios&egrave; fals&ograve; &amp;
rebelliter, quantum in ip&s;o fuit.</HI> There is a notable Decla|ration
in that Judgement, that this Judgement was not
to be drawn into example, again&s;t any other officers,
who &s;hould break their Oaths, but onely again&s;t tho&s;e,
<HI>qui praedictum Sacramentum fecerunt, &amp; fregerunt, &amp;</HI><NOTE N="*" PLACE="marg">Let Custodes Legum &amp; Li|b<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">rtatum Angliae remem|ber it.</NOTE> <HI>ha|bent
Leges Angliae ad cu&s;todiendum:</HI> That is onely to the
<HI>Judges Oaths,</HI> who have the Laws intru&s;ted unto them.
This Judgement was given 24 E. 3. The next year in
Parliament 25 E. 3. <HI>Num.</HI> 10. it was debated in <HI>Parlia|ment,</HI>
whether this Judgement was legall? <HI>Et nullo con|tradicente,</HI>
it was declared, TO BE JUST AND AC|CORDING
TO THE LAW: <HI>and that the</HI><NOTE N="*" PLACE="marg">Let the Re|pater and o|thers con&s;i|der it.</NOTE> <HI>&s;ame Judge|ment
may be given in time to come upon the like occa&s;ion.</HI> This
ca&s;e is in point, <HI>That it is death for any Judge wittingly, to
break his <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ath in any part of it.</HI> This <HI>oath</HI> of <HI>Thorp</HI> is entred in
<PB N="41" REF="22">
the Roll, and is the &s;ame <HI>verbatim</HI> with the Judges <HI>Oath</HI>
in 18 E. 3. <HI>and is the &s;ame which the Judges now take.</HI> (And
let tho&s;e who have taken the &s;ame Oath, remember and
apply this Pre&s;ident, left others do it for them.)</P>
<P>Your <HI>Lord&s;hips</HI> will give me leave to ob&s;erve the diffe|rences
between that and the ca&s;e in que&s;tion.</P>
<P>1. That of <HI>Thorp,</HI> was onely a &s;elling of the <HI>Law</HI> by
<HI>Retail</HI> to tho&s;e five per&s;ons, for he had five &s;everall
bribes, of the&s;e five per&s;ons; the Pa&s;&s;age of the Law to
the re&s;t of the Subjects for ought appears, was free and
open. But the&s;e <HI>Opinions</HI> are a conveyance of the <HI>Law</HI> by
<HI>whole&s;ale,</HI> and that not to, but from the Subject.</P>
<P>2. In that of <HI>Thorp.</HI> as to tho&s;e five per&s;ons, it was
not an <HI>ab&s;olute deniall of Ju&s;tice,</HI> it was not a <HI>damming
up,</HI> but a <HI>&s;traitning onely of the Chanel.</HI> For whereas the
<HI>Judges</HI> ought <HI>Judicium reddere,</HI> that is, the Laws being
<HI>THE BIRTHRIGHT and INHERITANCE OF THE
S&V;BJECT,</HI> the Judge when the parties in &s;uit demand
Judgement, &s;hould <HI>re dare,</HI> freely re&s;tore the Right unto
them; now he doth not <HI>dare,</HI> but <HI>vendere,</HI> with hazard
onely of perverting Ju&s;tice; for the party that buyes the
Judgement, may have a good and hone&s;t cau&s;e. But
the&s;e <HI>Opinions,</HI> be&s;ides that they have co&s;t the Subjects
very dear, dearer than any, nay, I think I may truly &s;ay,
than all the unju&s;t Judgements that ever have been given
in this Realm, witne&s;&s;e the many hundred thou&s;and
pounds, which under colour of them have been levyed
upon the Subjects, amounting to<NOTE N="*" PLACE="marg">This is no|thing in com|pari&s;on to the late Taxes, or Exci&s;es impo|&s;ed on the Sub|jects, without a Parliament a|mounting to a|bove 20 times as much as the Kings Shipmo|ny, and more frequent, un|ce&s;&s;ant, and endle&s;&s;e than it</NOTE> &s;even hundred thou|&s;and
pounds and upwards, that have been paid unto the
<HI>Trea&s;urer</HI> of the Nav<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">, (in &s;undry years) be&s;ides what the
Subjects have been forced to pay Sheriffes, Sheriffes-Bayliffes,
(<HI>and now an hundred times more to T<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">oopers, and
Souldiers, who forcibly levy their unlawfull Contributions, and
Exci&s;es</HI>) and otherwi&s;e; which altogether as is concei|ved,
amounts not to le&s;&s;e than <HI>a million</HI> (in five years
&s;pace, whereas now we pay above two Millions in Taxes,
Impo&s;ts, Exci&s;es, every year) be&s;ides the infinite v<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">xati|ons
of the Subject by &s;uits in Law, binding them over,
<PB N="42" REF="23">
attendance at the Councel Table, taking them from
their nece&s;&s;ary imployments, in making Se&s;&s;es, and Col|lections,
and impri&s;onment of their per&s;ons (all now
trebled to what then) I &s;ay be&s;ides what is pa&s;t, to make
our mi&s;eries compleat, they have as much as in them is
MADE THEM ENDLESSE (as others &s;ince have done)
for by the&s;e <HI>Opinions</HI> they have put upon them&s;elves and
their Succe&s;&s;ors, <HI>An impo&s;&s;ibility of ever doing us right again,
&amp; an incapacity upon us of demanding it &s;o long as they continue</HI>
(as the Compilers of the late <HI>In&s;trument,</HI> with 42. Strings,
intitu<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ed, <HI>The Government of the Common-wealth of</HI> Eng|land,
<HI>&amp;c. Artic.</HI> 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 be|yond
them.)</P>
<P>In that &s;ore famine in the <HI>Land of Egypt,</HI> when the in|habitants
were reduced to the next doore to death (for
there they &s;ay, why &s;hould we die?) for bread, Fir&s;t
they give their money, next their flocks and Cattle, la&s;t
of all their per&s;ons and Lands for bread; all became
<HI>Pharaohs;</HI> but by this <HI>Lex Regia,</HI> there is a tran&s;action
made, not onely of our per&s;ons, but of our bread like|wi&s;e,
wherewith our per&s;ons &s;hould be &s;u&s;tained; that
was for bread, this of our bread. For &s;ince the&s;e <HI>Opini|ons,</HI>
if we have any thing at all, we are not at all be|holding
TO THE LAW FOR IT, but are wholly
ca&s;t UPON THE MERCY and GOODNESSE OF
THE KING. Again, there the <HI>Egyptians</HI> them&s;elves, &s;old
them&s;elves, and all they had to the King, if ours had
been &s;o done; if it had been &s;o done by <HI>our own free con&s;ent
in Parliament,</HI> we had the le&s;&s;e cau&s;e to complain: <HI>But it
was done again&s;t our wills,</HI> and <HI>by tho&s;e who were tru&s;ted,</HI> and
<HI>that upon Oath, with the pre&s;ervation of the&s;e things for us.</HI>
The Laws are our <HI>Forts,</HI> and <HI>Bulwarks</HI> of Defence: If the
Captain of a <HI>Ca&s;tle,</HI> onely out of fear and Cowardice,
and not from any <HI>Compliance</HI> with the enemy &s;urrender
it, This is TREAON, as was adjudged in Parliament,
1 R. 2. in the two Ca&s;es of <HI>Comines</HI> and <HI>We&s;ton,</HI> and in
the Ca&s;e of the Lord <HI>Gray,</HI> for &s;urrendering <HI>Barwick</HI> Ca|&s;tle
<PB N="43" REF="23">
to the <HI>Scots,</HI> in <HI>Edward</HI> the thirds time, though good
defence had been made by him, and that he had lo&s;t his
elde&s;t &s;on in maintenance of the Siege: and yet the lo&s;&s;e
of a <HI>Ca&s;tle</HI> lo&s;eth not the Kingdome, onely the place and
adjacent parts, with trouble to the whole. But by the
<HI>Opinions,</HI> there is a Surrender made <HI>of all our Legal defence
of Property:</HI> that which hath been preacht is now <HI>judged;</HI>
that there is no <HI>Meum &amp; Tuum, between the King and people;</HI>
be&s;ides that which concerns our Per&s;ons.</P>
<P>The Law is the <HI>Temple,</HI> the <HI>Sanctuary,</HI> whether Sub|jects
ought to run for <HI>&s;helter</HI> and <HI>Refuge:</HI> hereby it is be|come
<HI>Templum fine numine,</HI> as was the <HI>Temple</HI> built by the
<HI>Romane Emperour,</HI> who after he had built it, put no <HI>gods</HI>
into it. We have the <HI>Letter</HI> of the <HI>Law</HI> &s;till, but not the
<HI>&s;en&s;e:</HI> we have the <HI>Fabrick of the Temple</HI> &s;till, but the <HI>Dii
Tutelares</HI> are gone. But this is not all the Ca&s;e, that is,
<HI>That the Law now cea&s;eth to aid and defend us in our Rights,</HI>
for then po&s;&s;e&s;&s;ion alone were a good Title, if there were
no Law to take it away: <HI>Occupanti concederetur, &amp; melior
e&s;&s;et Po&s;&s;identis conditio:</HI> But this, though too bad is not
the wor&s;t: for be&s;ides that which is <HI>Privitive</HI> in the&s;e <HI>O|pinions,</HI>
there is &s;omewhat <HI>po&s;itive. For now the Law doth
not onely not defend us, but the Law it &s;elf,</HI> (by tempori&s;ing
Judges and Lawyers) <HI>is made the In&s;trument of taking all
away.</HI> For when&s;oever his <HI>Maje&s;ty</HI> or his <HI>Succe&s;&s;ors,</HI> &s;hall
be plea&s;ed to &s;ay, <HI>that the good and &s;afety of the Kingdome
is concerned, and that the whole Kingdome is in danger, the
when and how, the &s;ame is to be prevented, makes our per&s;ons and
all we have liable to bare will and Plea&s;ure.</HI> By this means,
<HI>The Sanctuary is turned into a Shambles; the Forts are &s;leight|ed,</HI>
that &s;o they might neither do us good nor hurt; <HI>But
they are held again&s;t us by tho&s;e who ought to have held them for
us,</HI> and <HI>the mouth of our own Can<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">n is turned upon our own
&s;elves:</HI> and that by our own military Officers, Souldi|ers
and others &s;ince, as well as the Ship money Judges
then)'</P></Q> 
Thus far Mr. <HI>Oliver St. John</HI> (by the Commons
Order) who&s;e words I thought fit thus to tran&s;cribe at
large, becau&s;e not onely mo&s;t pertinent, but <HI>&s;ea&s;onable</HI> for
<PB N="44" REF="24">
the pre&s;ent times; wherein as in a Looking Gla&s;&s;e, &s;ome
pretended Judges and Grandees, of the&s;e pre&s;ent and late
pa&s;t times, may behold their own faces and deformities;
and the whole Nation their &s;ad condition under them.
In the re&s;idue of that his Printed <HI>Speech,</HI> he compares the
<HI>Trea&s;on</HI> of the <HI>Shipmony Judges,</HI> and of Sir <HI>Robert Tre&s;y|lium</HI>
and his Complices in XI. R. 2. condemned and exe|cuted
for Traytors by Judgement in Parliament, <HI>for en|devouring
to &s;ubvert the lawes and &s;tatutes of the Realm by their
illegall Opinions then delivered to King</HI> Richard <HI>at</HI> Notting|ham
<HI>Ca&s;tle,</HI> not out of <HI>con&s;piracy,</HI> but for <HI>fear of death</HI> and
corporall <HI>Torments</HI> wherewith they were menaced:
who&s;e offence he there makes tran&s;cendent to theirs then
in &s;ix particulars, as tho&s;e who plea&s;e may there read at
lei&s;ure, being over large to tran&s;cribe, I could here inform
you, that the Fundamentall laws of our Nation, are the
&s;ame 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 Hou&s;e: and there|fore
the cutting of them a&s;under, or their Subver&s;ion,
mu&s;t of nece&s;&s;ity, kill, de&s;troy, disjoyn and ruine the
whole Realm at once: therefore it mu&s;t be Trea&s;on in the
highe&s;t degree. But I &s;hall onely &s;ubjoyn here &s;ome mate|riall
Pa&s;&s;ages, in his <HI>Argument at Law,</HI> concerning the <HI>At|tainder
of high Trea&s;on, of</HI> Thomas <HI>Earl of</HI> Strafford, <HI>before
a Committee of both Hou&s;es of Parliament in</HI> We&s;tmin&s;ter <HI>Hall,</HI>
April 29. 1641. &s;oon after <HI>printed and publi&s;hed by Order of
the Commons Hou&s;e:</HI> wherein <HI>p.</HI> 8. he layes down this Po&s;i|tion;
recited again, p. 64.</P>
<P><HI>That</HI> (Straffords) <HI>Endeavouring</HI> To &s;ubvert the Fun|damentall
Laws and Government of <HI>England</HI> and <HI>Ireland,</HI>
and in&s;tead thereof to introduce a Tyrannicall Govern|ment
again&s;t Law, is Trea&s;on by the Common-Law.
<HI>That Trea&s;ons at the Common-Law, are not taken away
by the Statutes,</HI> by 25. E. 3. 1. H. 4. c. 10. 1. Mar. c. 1. nor any
of them.</P>
<P>The Authorities, Judgements, in and out of Parlia|ment
which he cites to prove it, have been already men|tioned,
<PB N="45" REF="24">
with &s;ome others he omitted; I &s;hall therefore but
tran&s;cribe his Rea&s;ons to evince it to be <HI>Trea&s;on,</HI> &s;uper-added
to tho&s;e alledged by him again&s;t the <HI>Shipmony
Judges.</HI></P>
<P>Page 12. <HI>It is a Warre again&s;t the King</HI> (Let our Mili|tary
Officers and &s;ouldiers con&s;ider it) <HI>when</HI> intended.
<HI>The alteration of the laws or Government in any part of them.</HI>
This is a levying Warre again&s;t the King (and &s;o <HI>Trea&s;on</HI>
within the Statute of 25 E 3.)</P>
<P>1. Becau&s;e the King doth maintain and protect the laws in e|very
part of them.</P>
<P>2. Becau&s;e they are the Kings laws. He is the Fountain from
whence in their &s;everall Channells, they are derived to the
Subject. Whence all our indictments run thus: Tre&s;pa&s;&s;es laid to be
done, Contra pacem Domini Regis, <HI>&amp;c.</HI> again&s;t the Kings Peace
for exorbitant offences; though not intended again&s;t the Kings
Per&s;on; again&s;t the King his Crown and dignity.</P>
<Q REND="inline margQuotes">'<P>Page 64. In this I &s;hall not labour at all to prove,
That the endevouring by words, Coun&s;els and actions,
<HI>To &s;ubvert the Fundamentall Laws and Government of the
Kingdome is Trea&s;on at the Common Law.</HI> If there be any
Common Law Trea&s;ons at all left, NOTHING TREA|SON
IF THIS NOT, TO MAKE A KINGDGME
NO KINGDOME. Take the Polity and Government
away, <HI>England's</HI> but a piece of earth, wherein &s;o many
men have their commerce and abode, without rank or
di&s;tinction of men, without property in any thing fur|ther
than in po&s;&s;e&s;&s;ion; no Law to puni&s;h the murdering,
or robbing one another.</P>'</Q>
<Q REND="inline margQuotes">'<P>Page 70, 71, 72. <HI>The horridne&s;&s;e of the offence in endea|vouring
to overthrow the Lawes and pre&s;ent Government,</HI> hath
been fully opened before. The <HI>Parliament</HI> is the repre|&s;entation
of the whole Kingdome, wherein <HI>The King as
Head, your Lord&s;hips as the more Noble,</HI> and <HI>the Commons,
the other Members are knit together in one body Politick.</HI> This
di&s;&s;olved, 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 onely, but
<PB N="46" REF="25">
of the whole Kingdome. It was made <HI>Trea&s;on</HI> by the Sta|tute
of 13 <HI>Eliz.</HI> for her time to affirm, <HI>That the Lawes
of the Realme doe not bind the de&s;cent of the Crown.</HI> No
Law, no de&s;cent at all, NO LAWES NO PEERAGE,
no ranks nor degrees of men, the &s;ame condition to all.
Its <HI>Trea&s;on</HI> to kill a Judge upon the Bench; this kills not
<HI>Judicem &s;ed J&V;DICI&V;M.</HI> There be twelve men, but no
Law; never a Judge among&s;t them. <HI>Its felony</HI> to embe|zel
any one of the Judiciall Records of the Kingdome:
<HI>THIS AT ONCE SWEEPS THEM ALL AWAY and
FROM ALL.</HI> Its <HI>Trea&s;on</HI> to countefeit a twenty &s;hil|ling
piece: here's a counter feiting of the Law: we can
call neither the counterfeit nor the true coin our own.
Its <HI>Trea&s;on</HI> to counterfeit the Great Seal for an Acre of
Land: No property is left hereby to any Land at all,
<HI>Nothing Trea&s;on now, again&s;t King or Kingdome; No Law to
puni&s;h it.</HI></P>
<P>My Lords, if the Que&s;tion were asked in <HI>We&s;tmin&s;ter
Hall,</HI> whether this were a Crime puni&s;hable in <HI>Star cham|ber,</HI>
or in THE KINGS BENCH, by Fine or impri&s;on|ment?
They would &s;ay, <HI>It were higher.</HI> If whether Fe|lony?
They would &s;ay, That is an offence onely again&s;t
the life or goods of &s;ome one, or few per&s;ons. It would
I believe be an&s;wered by the <HI>Judges,</HI> as it was by the
Chief Ju&s;tice <HI>Thirning,</HI> in 21 R&punc; 2. <HI>That though he could not
judge the Ca&s;e TREASON there before him, yet if he were a
Peer in Parliament; HE WO&V;LD SO ADJ&V;DGE IT.</HI>
(And &s;o the Peeres did here in <HI>Straffords,</HI> and not long
after in <HI>Canterburies</HI> Ca&s;e, who both lo&s;t their Heads on
Tower Hill.)</P>'</Q>
<P>I have tran&s;cribed the&s;e Pa&s;&s;ages of Mr. <HI>Oliver St. John</HI>
at large for five Rea&s;ons.</P>
<P>1. Becau&s;e they were the voice and &s;en&s;e of the whole
Hou&s;e of Commons by his mouth; who afterwards own|ed
and ratified them by their &s;peciall Order for their pub|lication
in print, for information and &s;atisfaction of the
whole Nation, and terrour of all others who &s;hould af|ter
that, either &s;ecretly or openly, by fraud or force, di|rectly
<PB N="47" REF="25">
or indirectly, attempt the &s;ubver&s;ion of all, or any
of our Fundamentall Laws, or Liberties, or the altera|tion
of our Fandamentall Government, or &s;etting up
any arbitrary or Tyrannicall power, Taxes, Impo&s;iti|ons,
or new kinds of arbitrary Judicato<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ies, and impri|&s;onments
again&s;t the&s;e our Laws and Liberties.</P>
<P>2. To mind an inform all &s;uch who have not only equal|led,
but tran&s;cended <HI>Strafford</HI> and <HI>Canterbury</HI> in the&s;e their
<HI>High Trea&s;ons,</HI> even &s;ince the&s;e <HI>Publications, Speeches,</HI> and
their <HI>exemplary executions,</HI> of the hainou&s;ne&s;&s;e, in excu&s;a|blene&s;&s;e,
wilfulne&s;&s;e, maliciou&s;ne&s;&s;e, Capitalne&s;&s;e of
their crimes; which not onely the whole Parliament in
generality, but many of them&s;elves in particular, &s;o &s;e|verely
pro&s;ecuted, condemned, and inexorably puni&s;hed
of late years in them: that &s;o they may bewail, repent
of, and reform them with all &s;peed and diligence, as much
as in them lies. And withall, I &s;hall exhort them &s;eriou&s;ly
to con&s;ider that Go&s;pel terrifying Pa&s;&s;age, Rom. 2. 1, 2,
3. <HI>Therefore thou art inexcu&s;able O man, who&s;oever thou art
that judge&s;t; for wherein thou judge&s;t another, tbou</HI> CON|DEMNEST
THY SELF; FOR THOU THAT JUD|GEST,
DOEST THE SAME THINGS. <HI>But we are &s;ure
that the judgement of God is according to truth, again&s;t them
which commit &s;uch things. And thinke&s;t thou this, O man, that
judge&s;t them which do &s;uch things, and doe&s;t the &s;ame, that thou
&s;halt e&s;cape the Judgement of God.</HI></P>
<P>3. To excite all Lawyers, e&s;pecially &s;uch who of late
times have taken upon them the &s;tile and power of Jud|ges,
to examine their con&s;ciences, actions, how far all
or any of them have been guilty of the&s;e crimes and Trea|&s;ons,
&s;o highly aggravated, and exemplarily puni&s;h<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">d
of former and later times, in corrupt, cowardly time|&s;erving,
degenerate Lawyers and <HI>Juda&s;&s;es,</HI> rather than
<HI>Judges,</HI> to the di&s;grace of their Profe&s;&s;ion, and prejudice
of the Fundamentall Lawes, Liberties, Rights, Priviled|ges
of our Nation, Peers, Parliaments, &s;ubver&s;ion of the
Fundamentall Government of this famous Kingdome,
whereof they are Members.</P>
<P><PB N="48" REF="26">
4. To in&s;truct tho&s;e <HI>Je&s;uited Anabapti&s;ts, Levellers</HI> and
their Factors, (e&s;pecially <HI>John Canne,</HI> and the re&s;t of the
Compilers, Publi&s;hers, Abetters of the Pamphlet inti|tuled,
<HI>Lieutenant Colonel Lilburn, tried and ca&s;t,</HI> and other
forementioned publications:) who profe&s;&s;edly &s;et them|&s;elves
by words, writing, Coun&s;els and overt Acts to &s;ub|vert
both our old Fundamentall (and all other Laws) Li|berties,
Cu&s;tomes, Parliaments, and Government, what
tran&s;cendent <HI>Malefactor<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">, traytors and Enemies they are to the
publick,</HI> and what <HI>Capitall puni&s;hments,</HI> they may thereby
incurre, as well as demerit, &s;hould they be legally pro|&s;ecuted
for the &s;ame; and thereupon to advi&s;e them
timely to repent of, and de&s;i&s;t from &s;uch high <HI>Trea&s;onable
Attempts.</HI></P>
<P>5. To clear both my &s;elf and this my &s;ea&s;onable <HI>De|fence
of our Fundamentall Lawes, Liberties, Government,</HI> from
the lea&s;t &s;u&s;pition or &s;h<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">dow of <HI>Faction, Sedition, Trea&s;on,</HI>
and <HI>Enmi<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">y</HI> to the publick peace, weal, &s;ettlement of
the Nation, which tho&s;e, (and tho&s;e onely) who are
mo&s;t Factious and &s;editious, and the greate&s;t Enemies,
Traytors to the publick tranquility, weal and e&s;tabli&s;h|ment
of our Kingdome, (as the premi&s;es evidence) will be
ready maliciou&s;ly to a&s;per&s;e both me and it, with, as they
have done &s;ome other of my writings of this nature;
with all which, they mu&s;t fir&s;t brand Mr. <HI>St John</HI> Mr. <HI>Pym,</HI>
the whole <HI>Hou&s;e of Commons,</HI> the la&s;t two, with all other
Parliamens forecited, ere they can accu&s;e, traduce, or
cen&s;ure me, who do but barely relate, apply their words
and judgements without malice or partiality, for the
whole Kingdomes benefit and &s;ecurity.</P>
<P>To the&s;e punctuall full Jury of Records and Parlia|mentary
Authorities in point, I could accumulate Sir
<HI>Edward Cook</HI> his 3. In&s;titutes, p. 9. printed and authori&s;ed
by the Hou&s;e of Commons &s;peciall Order, the la&s;t Parli|ament:
The &s;everall Speeches of Mr. <HI>Hide,</HI> Mr. <HI>Walker,</HI>
Mr. <HI>Pierpoint</HI> and Mr. <HI>Hollis, July</HI> 6. 1641. at the Lords
Bar in Parliament, by order of the Commons Hou&s;e, at
the <HI>Impeachment of the Shipmony Judges of High Trea&s;on,</HI>
<PB N="49" REF="26">
printed in <HI>Diurnall Occurrences, and &s;peeches in Parliament,</HI>
London 1641. p. 237. to 264. Mr. <HI>Samuel Browns</HI> Argu|ment
at Law before the Lords and Commons at <HI>Canterbu|ries</HI>
Attainder; all manife&s;ting, their endevouring to
&s;ubvert the Fundamentall Laws and government of the
Nation to be <HI>HIGH TREASON;</HI> with &s;undry other
printed Authorities to prove, <HI>That we have fundamentall
Laws, Liberties, Rights, and a fundamentall Government
likewi&s;e, which ought not to be innovated, violated, or &s;ubvert|ed
upon any pretences what&s;oever, by any power or prevailing Fa|ction.</HI>
But to avoid prolixity, (the double <HI>Jury</HI> of irrefra|gable
and punctuall Authorities already produced, being
&s;ufficient to &s;atisfie the mo&s;t ob&s;tinate Oppo&s;ites formerly
contradicting it) I &s;hall onely adde three &s;waying Au|thorities
more, wherewith I &s;hall conclude this point.</P>
<P><HI>The fir&s;t is a very late one, in a Treati&s;e intituled,</HI> A
true State of the Common wealth of <HI>England, Scotland</HI> and
<HI>Ireland,</HI> and the Dominions thereunto belonging, in Reference
to the late e&s;tabli&s;hed Government, by a Lord Protector and a
<HI>PARLIAMENT. It being the Judgement of DIVERS
PERSONS,</HI> who throughout the&s;e late troubles, have <HI>appro|ved</HI>
them&s;elves faithfull to the Cau&s;e and intere&s;t of God, and
their <HI>COUNTRY:</HI> pre&s;ented to the Publick, for the &s;atisfacti|on
of others. <HI>Printed at</HI> London 1654. <HI>who relating the
mi&s;carriages of the la&s;t</HI> A&s;&s;embly at We&s;tmin&s;ter, <HI>u&s;e the&s;e
expre&s;&s;ions of them, p,</HI> 13, 14, 16, 17, 21, 22. But on the
contrary, it &s;o fell out in a &s;hort time, that there appeared many
in this A&s;&s;embly of very contrary Principles to the intere&s;t afore|&s;aid,
which led them violently on to attempt and promote many
things, the con&s;equence whereof would have been: <HI>A Subvert|ing
of the fundamentall Laws of the Land, the De&s;tru|ction
of Property, and an utter extingui&s;hment of the
Go&s;pel.</HI> In truth their Principles led them <HI>TO A PUL|LING
DOWN ALL? AND ESTABLISHING NO|THING.</HI>
So that in&s;tead of the expected &s;ettlement, they were
running <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ut into <HI>FURTHER ANARCHY and CONFU|SION.</HI>
As to the Laws and Civil Rights of the Nation, nothing
would &s;erve them, but <HI>A TOTALL ERADICATION OF
<PB N="50" REF="27">
THE OLD, and INTRODUCTION OF A NEW: and
&s;o the</HI> Good, Old Laws of <HI>England,</HI> (the Guardians of our
Lives and Fortunes) <HI>e&s;tabli&s;hed with prudence, and confir|med
by the experience of many Ages and Generations:</HI>
(The Pre&s;ervation whereof, was a principall Ground of our late
Quarrel with the King) <HI>having been once aboli&s;hed, what
could we have expected afterward,</HI> but <HI>an inthroning
of Arbitrary Power in the Seat of Judicature, and an
expo&s;ing of our Lives, our E&s;tates, our Liberties,</HI> and <HI>all
that is dear unto us, as a Sacrifice to the boundle&s;&s;e Ap|petite
of Meer Will and Power,</HI> &amp;c.</P>
<P><HI>Things being at this Pa&s;&s;e, and the Hou&s;e (through the&s;e pro|ceedings)
perfectly disjointed, it was in vain to look for a &s;ettle|ment
of this Nation from them, thus con&s;tituted on the con|trary,
nothing el&s;e could be expected,</HI> But that the Common|wealth
&s;hould &s;ink under their Hands, <HI>and the great cau&s;e
hitherto &s;o happily upheld and maintained, to be for ever lo&s;t,
through their prepo&s;terous management of the&s;e affairs, where|with
they had been intru&s;ted.</HI> Whereupon they ju&s;tifie their
di&s;&s;olution, and turning them forcibly out of doores
by the <HI>Souldiers,</HI> with &s;hame and infamy; to prevent that
de&s;truction which thereby was coming on <HI>THE WHOLE
LAND,</HI> but this New <HI>Powder Trea&s;on</HI> Plot, &s;et on foot by
the <HI>Je&s;uites</HI> and <HI>Anabapti&s;ts,</HI> to de&s;troy our Laws, Liber|ties,
properties, Mini&s;ters, and Religion it &s;elf, at one
blow, and that in the very <HI>Parliament Hou&s;e,</HI> where they
had been con&s;tantly defended, vindicated, pre&s;erved, e&s;ta|bli&s;hed
in all former ages <HI>by all true Engli&s;h Parliaments.</HI></P>
<P><HI>The &s;econd is,</HI><NOTE N="a" PLACE="marg">See my Speech in Parliament. p. 100. to 108.</NOTE> <HI>The</HI> Votes of the Hou&s;e of Commons,
<HI>concerning a Paper pre&s;ented to them, entituled</HI> An a|greement
of the people for a firm and pre&s;ent peace, upon grounds
of Common Right 9. <HI>November,</HI> 1647. viz.</P>
<P><HI>Re&s;olved upon the Que&s;tion, That the matters contained in
the&s;e Papers,</HI> Are de&s;tructive to the being of Parliaments,
and to the Fundamentall Government of this Kingdome,</P>
<P>Re&s;olved, &amp;c. That a Letter be &s;ent to the Generall and
tho&s;e Papers inclo&s;ed, together with the Vote of this Hou&s;e up|on
them; And that he be de&s;ired to examine the proceedings of
<PB N="51" REF="27">
this bu&s;ine&s;&s;e in the Army (<HI>where it was fir&s;t coined</HI>) and re|turn
an Accompt hereof to this Hou&s;e.</P>
<P>The&s;e Votes were &s;econded &s;oon after with the&s;e en|&s;uing
votes, entred in the <HI>Commons Journall,</HI> and printed
by their <HI>&s;pecial Order,</HI> 23. November, 1647.</P>
<P>A <HI>Petition</HI> directed to the Supream Authority of
<HI>England,</HI> the <HI>Commons in Parliament</HI> a&s;&s;embled, <HI>The hum|ble
petition of many Free born people of</HI> England, <HI>&amp;c.</HI> was
read the fir&s;t and &s;econd time.</P>
<P><HI>Re&s;olved upon the Que&s;tion,</HI> that this petition is, <HI>A &s;editi|tious</HI>
and <HI>contemptuous avowing</HI> and pro&s;ecution of a former
petition and paper annexed, &s;tiled, an agreement of the
people formerly <HI>adjudged by this Hou&s;e, to be De&s;tructive to
the being of Parliaments</HI> and <HI>Fundamentall Government of the
Kingdome.</HI></P>
<P><HI>Re&s;olved,</HI> &amp;c. <HI>That</HI> Thomas Prince <HI>Chee&s;emonger, and</HI>
Samuel Chidley, <HI>be forthwith committed</HI> pri&s;oners <HI>to the
Pri&s;on of the</HI> Gatehou&s;e, <HI>there to remain pri&s;oners during
the plea&s;ure of</HI> this Hou&s;e, <HI>for</HI> a Seditious avowing and pro&s;e|cution
<HI>of a former</HI> Petition, <HI>and Paper annexed, &s;tiled,</HI> An
Agreement of the People, <HI>formerly</HI> Ajudged by this Hou&s;e to be
de&s;tructive to the being of Parliamen's <HI>and</HI> fundamentall Go|vernment
of the Kingdome.</P>
<P>Re&s;olved <HI>&amp;c.</HI> That <HI>Jeremy Jues, Thomas Taylor</HI> and
<HI>William Larnar,</HI> be forthwith committed to the Pri&s;on of
<HI>Newgate,</HI> there to remain <HI>Pri&s;oners,</HI> during the plea&s;ure
of this <HI>Hou&s;e,</HI> for a <HI>&s;editious and contemptuous avowing</HI> and
<HI>pro&s;ecution</HI> of a former Petition and Paper annexed, &s;tiled,
<HI>An Agrement of the people, formerly adjudged by this Hou&s;e,</HI> to
be de&s;tructive to the being of Parliaments <HI>and</HI> Fundamen|tall
Government of this Kingdome.</P>
<P>Re&s;olved, <HI>&amp;c.</HI> That a Letter be prepared and &s;ent to
the Generall; taking notice of his proceeding in the exe|cution
(according to the Rules of <HI>Warre</HI>) of a <HI>muti|nous
per&s;on</HI> (avowing and pro&s;ecuting this agreement in
the Army contrary to the&s;e Votes) at the Rendezvouz
near <HI>Ware;</HI> and to <HI>give him thanks for it:</HI> and to de&s;ire
him to pro&s;ecute <HI>that Bu&s;ine&s;&s;e to the bottome;</HI> and to <HI>bring</HI>
<PB N="52" REF="28">
Such guilty per&s;ons as he &s;hall think fit, to condigne
and exemplary Puni&s;hment.</P>
<P><HI>Re&s;olved,</HI> &amp;c. That the Votes upon the Petition and Agree|ment
annexed, and likewi&s;e the Votes upon this Petition be forth|with
printed and publi&s;hed.</P>
<P>After which by a <HI>Speciall Ordinance of both Hou&s;es of Par|liament,</HI>
17 December, 1647. No per&s;on what&s;oever,
who had contrived, plotted, pro&s;ecuted or entred into
that Engagement intituled The agreement of the peo|ple
declared <HI>To be de&s;tructive to the being of Parliaments,</HI> and
<HI>Fundamentall Government of the Kingdome,</HI> for one whole
year, was to be elected, cho&s;en or put into the office or
Place of Lord <HI>Mayor or Alderman, Sheriffe, Deputy of a
Ward,</HI> or <HI>Common-Councel man of the City of</HI> London; <HI>or
to have a voice in the Election of any &s;uch Officer.</HI></P>
<P>All the&s;e particulars, with the Capitall Proceedings
again&s;t <HI>White</HI> and others who &s;omented this <HI>Agreement in
the Army,</HI> abundantly evidence the veriey of my fore&s;aid
<HI>Propo&s;ition,</HI> and the extraordinary guilt of tho&s;e Mem|bers
and Souldiers, who contrary to their <HI>own Votes, Or|dinances,
Proceedings and Cen&s;ures of others,</HI> have &s;ince pro&s;e|cuted
this, the like, or far wor&s;e <HI>Agreement,</HI> to the de&s;tru|ction
of our ancient Parliaments and their Priviledges,
and the fundamentall Government, Laws and Liberty of
our Nation, which I wi&s;h they would now &s;adly lay to
heart.</P>
<P>The third is the memorable Statutes of 3. <HI>Jacobi</HI> ch. 1,
2, 4, and 5. Which relating the old <HI>Gunpowder Trea&s;on
of the Je&s;uites and Papi&s;ts, and their infernal, inhumane, bar|barous,
dete&s;table plot, to blow up the King, Queen, Prince, Lords,
Commons, and whole Hou&s;e of Peers with Gunpowder, when
they &s;hould have been a&s;&s;embled in Parliament, in the upper
Hou&s;e of Parliament, upon the fifth of</HI> November, <HI>in the year
of our Lord</HI> 1605, do aggravate the hainou&s;ne&s;&s;e and tran|&s;cendency
thereof by this circum&s;tance, <HI>That it was (as
&s;ome of the principall Con&s;pirators thereof confe&s;&s;ed) purpo&s;ely
devi&s;ed and concluded to be done in the &s;aid Hou&s;e,</HI> That where
&s;undry nece&s;&s;ary <HI>and</HI> Religious Laws for Pre&s;ervation of
<PB N="53" REF="28">
the Church <HI>and</HI> State were made, (<HI>which they fal&s;ely and
&s;landerou&s;ly term, Cruel Laws enacted again&s;t them and their Re|ligion</HI>)
Both Place and Per&s;ons &s;hould be all de&s;troyed <HI>and</HI>
blown up at once: And by the&s;e dangerous con&s;equen|ces
if it had not been miraculou&s;ly prevented, but taken
effect. That it would have turned to the utter ruine,
overthrow and Subver&s;ion <HI>Of the whole State and Common-Wealth
of this flouri&s;hing and renowned Kingdom,</HI> and <HI>Gods true
Religion therein e&s;tabli&s;hed by Law,</HI> and of our Laws and Go|vernment.
For which horrid Trea&s;on, they <HI>were all at|tainted,
and then executed as Traytors, and &s;ome of their heads,
Quarters,</HI><NOTE PLACE="marg">See Speeds History, p. 1250 and Mr. John Vica<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">'s Hi&s;tory of the Gunpow|der Trea&s;on, and the Ar|raignment of Traytors.</NOTE> <HI>&s;et up upon the Parliament Hou&s;e for terrour of others.</HI>
Even &s;o let all other Traytors, Con&s;pirators again&s;t our
Fundamental Laws, Liberties, Government, Kings, Parlia|ments,
and Religion, treading pre&s;umptuou&s;ly in their
Je&s;uiticall foot&s;teps,<NOTE N="a" PLACE="marg">Judges 5. 31</NOTE> <HI>peri&s;h O Lord, but let all them who
cordially love,</HI> and &s;trenuou&s;ly maintain them again&s;t all
Con&s;pirators, Traytors, Underminers, Invaders what|&s;oever,
<HI>be as the Sunne when he goeth forth in his might: That
the Land may have re&s;t,</HI> peace, Settlement again, for as ma|ny
years at lea&s;t, as it had before our late innovations,
Warres, Confu&s;ions, <HI>by their re&s;titution and e&s;tabli&s;hment.</HI></P>
<DIV2 N="2" TYPE="chapter">
<PB N="54" REF="29">
<HEAD>CHAP. II.</HEAD>
<P><HI>HAving thus &s;ufficiently proved,</HI> That the Kingdome,
and Freemen of <HI>England,</HI> have &s;ome ancient, hereditary
Rights, Liberties, Franchi&s;es, Priviledges, Cu&s;tomes, properly
called F&V;NDAMENTALL, as likewi&s;e a Fundamentall Go|vernment,
no wayes to be altered, undermined, &s;ubverted, direct|ly
or indirectly, under the guilt and pain of High Trea&s;on in
tho&s;e who attempt it; e&s;pecially by Fraud, Force, or armed
Power.</P>
<P>I &s;hall in the &s;econd place pre&s;ent you in brief Propo&s;i|tions,
a <HI>Summary</HI> of the chiefe&s;t and mo&s;t con&s;iderable of
them, which our prudent Ance&s;tors in former ages, and
our late&s;t reall Parliaments, have both declared to be,
and eagerly conte&s;ted for, as <HI>Fundamentall</HI> and E&s;&s;entiall
to their very <HI>being</HI> and <HI>well being,</HI> as a <HI>Free people, Kingdome,
Republick,</HI> unwilling to be en&s;laved under any <HI>yokes</HI> of
Tyranny or arbitrary power, that &s;o the whole Nation
may the more per&s;picuou&s;ly know and di&s;cern them, the
more &s;trenuou&s;ly contend for them, the more vigilantly
watch again&s;t their violations, underminings in any
kind, by any Powers, or Pretences what&s;oever; and
tran&s;mit, perpetuate them intirely to their po&s;terities, as
their be&s;t and chiefe&s;t inheritance.</P>
<P>I &s;hall compri&s;e the <HI>Summe</HI> and Sub&s;tance of them all
in the&s;e 9. Propo&s;itions; beginning with the Subjects
Property, which hath been more frequently, univer&s;ally
invaded, a&s;&s;aulted, undermined by our Kings, and their
evill in&s;truments; and thereupon more &s;trenuou&s;ly, fre|quently
and vigilantly maintained, retained by our No|bles,
Parliaments and the people in all ages (till of late
years) than any or all of the re&s;t put together, though
every of them have been con&s;tantly defended, maintain|ed,
when impugned, or incroached upon by our Ance|&s;tors
and our &s;elves.</P>
<P><PB N="55" REF="29">
1. That no Tax, Tallage, Aid, Sub&s;idy, Cu&s;tome,
Contribution, Loan, Impo&s;ition, Exci&s;e or other A&s;|&s;e&s;&s;ement
what&s;oever, for Defence of the Realm by Land
or Sea, or any other publick ordinary, or extraordinary
occa&s;ion, may or ought to be impo&s;ed, or levyed upon
all or any of the Freemen of <HI>England,</HI> by rea&s;on of any
pretended or reall Danger, Nece&s;&s;ity or other pretext;
by the Kings of <HI>England,</HI> or any other Powers, but onely
with and by their common con&s;ent and Grant, in a free
and lawfull Parliament duly &s;ummoned and elected:
Except onely &s;uch ancient, legall Ayds, as they are &s;pe|cially
obliged to render by their Tenures, Charters,
Contracts, and the Common Law of <HI>England.</HI></P>
<P>2. That no Freeman of <HI>England</HI> ought to be arre&s;ted,
confined, impri&s;oned, in any private Ca&s;tles, or remote,
unu&s;uall Pri&s;ons under Souldiers or other Guardians,
but onely in u&s;uall or Common Gaols, under &s;worn,
re&s;pon&s;ible Gaolers, in the County where he lives, or is
apprehended, and where his Friends may freely vi&s;it and
relieve him with nece&s;&s;aries: And that onely for &s;ome ju&s;t,
and legall cau&s;e expre&s;&s;ed in the Writ, Warrant, or Pro|ce&s;&s;e,
by which he is arre&s;ted, or impri&s;oned; which ought
to be legally executed by known, legal, re&s;pon&s;ible
&s;worn Officers of Ju&s;tice, not unknown military Officers,
Troopers, or other illegall Catchpols, That no &s;uch
Freeman ought to be denied bail, Mainpri&s;e, or the be|nefit
of an <HI>Habeas Corpus,</HI> or any other Legal Writ for his
enlargement, when bailable or incumpernable by Law;
nor to be detained pri&s;oner for any reall or pretended
Crime, not bailable by Law, then untill the next Gene|rall
or Speciall Gaol-delivery, held in the County where
he is impri&s;oned; where he ought to be legally tried and
proceeded again&s;t, or el&s;e enlarged by the Ju&s;tices, without
deniall or delay of Right and Ju&s;tice. And that no &s;uch
Freeman may or ought to be outlawed, exiled, condem|ned
to any kind of corporall puni&s;hment, lo&s;&s;e of Life or
Member, or otherwi&s;e de&s;troyed or pa&s;&s;ed upon, but
onely by due and lawfull Proce&s;&s;e, Indictment, and the
<PB N="56" REF="30">
lawfull Triall, Verdict and Judgement of his Peers, ac|cording
to the good old Law of the Land, in &s;ome u&s;uall
Court of Publick Ju&s;tice: not by and in new illegall&punc; Mi|litary,
or other Arbitrary Judicatories, Committees, or
Courts of High Ju&s;tice, unknown to our Ance&s;tors.</P>
<P>3. That no Freeman of <HI>England,</HI> unle&s;&s;e it be by Spe|ciall
Grant and Act of Parliament may or ought to be
compelled, enforced, pre&s;&s;ed or arrayed to go forth of
his own Countrey (much le&s;&s;e out of the Realm into
forreign parts) again&s;t his will in times of Warre or
Peace, or except he be &s;pecially obliged thereto by anci|ent
Tenures and Charters; &s;ave onely upon the &s;udden
coming of &s;trange enemies into the Realm, and then he
is to array him&s;elf onely in &s;uch &s;ort, as he is bound to
do by the ancient Laws and Cu&s;tomes of the Kingdome
&s;till in force.</P>
<P>4. That no Freeman of <HI>England,</HI> may or ought to be
disinherited, di&s;&s;ei&s;ed, di&s;po&s;&s;e&s;&s;ed or deprived of any in|heritance,
Freehold, Liberty, Cu&s;tome, Franchi&s;e, Chattle,
Goods what&s;oever without his own Gift, Grant, or
free Con&s;ent, unle&s;&s;e it be by lawfull Proce&s;&s;e, Triall and
Judgement of his Peers, or &s;pecial Grant by act of Parlia|ment.</P>
<P>5. That the old received Government, Lawes, Sta|tutes,
Cu&s;tomes, Priviledges, Courts of Ju&s;tice, legal
Proce&s;&s;e of the Kingdome and Crown ought not to be
altered, repealed, &s;uppre&s;&s;ed, nor any new form of Go|vernment,
Law, Statute, Ordinance Court of Judica|ture,
Writs, or legal Proceedings in&s;tituted or impo&s;ed
on all or any of the Free-men of <HI>England,</HI> by any Per|&s;on
or Per&s;ons, but onely in and by the Kingdomes free
and full con&s;ent in a lawfull Parliament, wherein the
Legi&s;lative Power &s;olely re&s;ides.</P>
<P>6. That Parliaments ought to be duly &s;ummoned, and
held for the good and &s;afety of the Kingdome every year,
or every three years at lea&s;t, or &s;o often as there is ju&s;t
occa&s;ion. That the Election of all Knights, Citizens and
Burge&s;&s;es, to &s;it and &s;erve in Parliament (and &s;o of all o|other
<PB N="57" REF="30">
Elective Officers) ought to be free. That all Mem|bers
of Parliament hereditary or Elective, ought to be
pre&s;ent, and there freely to &s;peak and vote according to
their judgements and Con&s;ciences, without any over|awing
Guards to terrifie them; and none to be forced or
&s;ecluded thence. And that all Parliaments not thus duly
&s;ummoned, elected whil&s;t held, but unduly packed, and
all Acts of Parliament fraudulently and forcibly pro|cured
by indirect means, ought to be nulled, repealed,
as void, and of dangerous pre&s;ident.</P>
<P>7. That neither the Kings nor any Subjects of the
Kingdome of <HI>England,</HI> may or ought to be &s;ummoned
before any Forreign Powers or Jurisdictions what&s;oever,
out of the Realm, or within the &s;ame, for any manner
of Right, Inheritance, Thing belonging to them, or
Offence done by them within the Realm.</P>
<P>8. That all Subjects of the Realm are obliged by Alle|giance
and duty to defend their Lawfull Kings, Per&s;ons,
Crowns, the Laws, Rights and Priviledges of the Realm,
and of Parliament again&s;t all U&s;urpers, Traytors, vio|lence,
and Con&s;piracies. And that no Subject of this
Realm, who according to his duty, and Allegiance &s;hall
&s;erve his King in his Warres, for the ju&s;t defence of him
and the Land, again&s;t Forreign enemies or Rebels, &s;hall
lo&s;e or forfeit any thing for doing his true duty, &s;ervice,
and Allegiance to him therein; but utterly di&s;charged
of all vexation, trouble, or lo&s;&s;e.</P>
<P>9. That no publick Warre by Land or Sea ought to
be made or levied with or again&s;t any Forreign Nation,
or Publick Truce or League entred into with Forreign
Realms or States, to bind the Nation, without their
Common advice and con&s;ent in Parliament.</P>
<P>10. That the ancient, Honours, Manors, Lands, Rents,
Revenues, Inheritances, Right, and perqui&s;ites of the
Crown of <HI>England,</HI> originally &s;ettled thereon for the
Ea&s;e &amp; Exemption of the people from all kind of Taxes,
payments what&s;oever (unle&s;&s;e in ca&s;es of extraordi|nary
nece&s;&s;ity) and for defraying all the con&s;tant, ordi|nary
<PB N="58" REF="31">
expences of the Kingdome, (as the expences of the
Kings hou&s;hold, Court, Officers, Judges, Emba&s;&s;adors,
Gari&s;ons, Navy and the like) ought not to be &s;old, ali|enated,
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 empair|ing
of the publick Revenue, or prejudice of the Crown
and people, are void in Law, and ought to be re&s;umed, and
repealed, by our Parliaments and Kings, as they have
frequently been in all former ages.</P>
<P>For the Readers fuller &s;atisfaction in each of the&s;e
propo&s;itions (&s;ome of which I mu&s;t &s;hew here but briefly,
touch for brevity &s;ake, having el&s;ewhere fully debated
them in print) I &s;hall &s;pecially recommend unto him the
peru&s;all of &s;uch Tractates, and Arguments formerly
publi&s;hed, wherein each of them hath been fully di&s;cu&s;|&s;ed,
which he may peru&s;e at his be&s;t lea&s;ure.</P>
<P>The fir&s;t of the&s;e Fundamentalls (which I <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ntend prin|cipally
to infi&s;t on) is fully a&s;&s;erted, debated, confirmed
by 13. H. 4. f. 14. By <HI>Forte&s;cue</HI> Lord Chief Ju&s;tice, and
Chancellour of <HI>England, de laudibus Legum Angliae,</HI> dedica|ted
by him to King <HI>Henry</HI> the 6. f. 25. c. 36. f. 84. By a <HI>learn|ed
and nece&s;&s;ary Argument again&s;t impo&s;itions in Parliament,</HI> of
7. <HI>Jacobi:</HI> by a late <HI>Reverend Judge,</HI> printed at <HI>London</HI> 1641.
By Mr. <HI>William Hakewell, in his Liberty of the Subject again&s;t
Impo&s;itions,</HI> maintained in an <HI>Argument</HI> in the <HI>Parliament</HI>
of 7. <HI>Jacobi:</HI> printed at <HI>London</HI> 1641. By <HI>Judge Crooks, and
Judge Huttons Arguments</HI> concerning <HI>Shipmony</HI> both print|ed
at <HI>London</HI> 1641. By the <HI>Ca&s;e of Shipmony</HI> briefly <HI>di&s;cu&s;&s;ed
London,</HI> 1640. by Mr. <HI>St. Johns Argument, and Speech again&s;t
Shipmony,</HI> printed at <HI>London,</HI> 1641. By Sir <HI>Edward Cook</HI> in
his 1. In&s;titutes, p. 46. and 57. to 64. and 528. to 537. By
the 1. and 2. <HI>Remon&s;trance of the Lords and Commons in Par|liament,
again&s;t the Commi&s;&s;ion of Array.</HI> Exact Collection
p. 386. to 398. and 850. to 890. and by my own <HI>Humble
Remon&s;trance again&s;t Shipmony,</HI> London, 1643. <HI>The fourth
part of the Soveraign power of Parliaments and Kingdomes,</HI> p. 14.
to 26. and my Legall Vindications of the Liberties of
<PB N="59" REF="31">
<HI>England</HI> again&s;t Illegall Taxes, <HI>&amp;c. London</HI> 1649. and by
the Records and Statutes cited in the en&s;uing Chapter, re|ferring
for the mo&s;t part to the fir&s;t Propo&s;ition.</P>
<P><HI>The &s;econd, third, and fourth of them are largely de|bated
and confirmed by a</HI> Conference de&s;ired by the Lords, and
had by a Committee of both Hou&s;es, concerning the Rights and
Priviledges of the Subject, 3. Aprilis, 4. Caroli <HI>printed at</HI>
London 1642. <HI>By Sir</HI> Edward Cook <HI>in his</HI> In&s;titutes <HI>on</HI> Magna
Charta. <HI>c. 29. p. 45. to 57. By the 1. and</HI> 2. Remon&s;trance of
the Lords and Commons again&s;t the Commi&s;&s;ion of Array, <HI>Ex|act
Collection p.</HI> 386. &amp;c. 850. <HI>to 890. By</HI> Judge Crooks,
and Judge Huttons Arguments again&s;t Shipmony: <HI>By Sir</HI> Ro|bert
Cotton <HI>his</HI> Po&s;thuma <HI>p. 222. to 269. By my</HI> Breviate of
the Prelates encroachments on the Kings Prerogative, and Sub|jects
Liberties. <HI>p.</HI> 138. &amp;c. My new di&s;covery of the Prelates ty|ranny,
<HI>p. 137. to 183. and &s;ome of the en&s;uing Statutes,
and Records.</HI></P>
<P><HI>The fifth and &s;ixth of them are fully cleared and vindi|cated
in and by the Prologues of all our Councils, Sta|tutes,
Laws, before and &s;ince the Conque&s;t. By Sir</HI> Edward
Cooks 4. <HI>In&s;titutes. ch. 1. Mr.</HI> Cromptons <HI>Jurisdiction of
Courts. Title,</HI> High Court of Parliament: <HI>My</HI> Soveraign
power of Parliaments and Kingdomes, <HI>p. 1, 2, 3, 4. My</HI> Legal
Vindication again&s;t illegal Taxes, <HI>and</HI> pretended Acts of Parlia|ment,
London 1649&punc; Prynne the Member, reconciled to Prynne
the Barre&s;ter, <HI>printed the &s;ame year. My</HI> Hi&s;toricall Colle|ction
of the ancient great Councils of the Parliaments of <HI>Eng|land.</HI>
London 1649. <HI>My</HI> Truth triumphing over Fal&s;hood, Anti|quity
over Novelty. London 1645. <HI>and &s;ome of the Records
hereafter tran&s;cribed. In this I &s;hall be more &s;paring, be|cau&s;e
&s;o fully confirmed in the&s;e and other Treati&s;es.</HI></P>
<P>The &s;eventh is ratified by Sir <HI>Edward Cooks</HI> 1. In&s;titutes,
p. 97, 98. 4. In&s;titutes p. 89. and 5. Report <HI>Cawdries</HI> Ca&s;e
of the Kings Eccle&s;ia&s;ticall Lawes: and <HI>Ra&s;tals</HI> Abridge|ment
of Statutes. Tit. <HI>Provi&s;ors, Praemunire</HI> and <HI>Rome,</HI>
11. H. 7. c. 1. and other Records and Statutes in the en&s;u|ing
Chapter.</P>
<P>The eighth and ninth are fully debated in my <HI>Sove|raign
<PB N="60" REF="32">
Power of Parliaments and Kingdomes,</HI> Part. 2. p. 3. to.
34. Part fourth, p. 162. to 170. and touched in Sir <HI>Robert
Cottons Po&s;thuma</HI> p. 174. 179.</P>
<P>How all and every of the&s;e Fundamentall Liberties,
Rights, Franchi&s;es, Lawes, have been unparalelledly
violated, &s;ubverted, in all and every particular of late
years beyond all Pre&s;idents in the wor&s;t of former ages,
even by their greate&s;t pretended <HI>Propugners;</HI> their own
printed <HI>Edicts, In&s;truments, Ordinances, Papers,</HI> together
with their illegall oppre&s;&s;ions, Taxes, Exci&s;es, Impo&s;ts,
Rapines, violences, Proceedings of all kinds, (whereof
I &s;hall give a brief accompt in its due place) will &s;uffici|ently
evidence, if compared with the premi&s;ed <HI>propo&s;iti|ons.</HI>
Which abundantly confirm the truth of our <HI>Saviours</HI>
words, <HI>John</HI> 10. 1. 10. and this rule of <HI>Johannis Angelius,
Wenderhagen: Politicae Synopticae. lib. 3. c. 9. &s;ect. 11. p.</HI> 310.
<HI>Hinc Regulae loco notandum,</HI> Quod omne Regnum Vi Ar|mata
acqui&s;itum in Effectu Subditis Semper in durioris
Servitutis conditiones arripiat, <HI>licet &agrave; principio</HI> Ducedi|nem
prurientibus &s;pirare videatur. <HI>Ideo cunctis hoc caven|dum,</HI>
N&egrave; temer&egrave; &s;e duci patiantur.</P>
<PB REF="32">
</DIV2>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
