cloak their intentions from the people they took an Oath of all they met Quod Regi Communibus fidelitatem servarent that they should keep Allegiance and Faith to the King Commons Yea Wat Tyler demanded a Commission from the King to behead all Lawyers Escheaters and others whatsoever that were learned in the laws or communicated with the law by reason of their Office conceiving in his minde that this being brought to passe all things afterwards would be ordered according to his own and the common peoples fancy And he made his vaunt putting his hand to his own lips That before scure dayes came to an end ALL THE LAWS OF ENGLAND SHOULD PROCEED FROM HIS MOUTH Which some of late times seem to speak not only in words but deeds by their manifold new laws and Edicts repealing or contradicting our old This their resolution and attempt thus to alter and subvert the Laws and Government upon full debate in the Parliament of 5. R. 2. n. 30. 31. was declared to be High-Treason against the King and the Law for which divers of the chief Actors in this Treasonable Designe were condemned and executed as Traitors in severall places and the rest enforced to a publike submission then pardoned Let these imitators now remember this old President 2. In the Parliament of 11. R. 2. as appears by the Parliament Rols and printed Statutes at large three Privy Councellours the Archbishop of York the Duke of Ireland and the Earl of Suffolk the Bishop of Exeter the Kings Confessor five Knights six Judges whereof Sir Robert Tresylian Chief Justice was one Blake of the Kings Councel at Law Vsk and others were impeached and condemned of High Treason some of them executed as Traitors the rest banished their lands and goods forfeited and none to endeavour to procure their pardon under pain of Felony for their endeavouring to overthrow a Commission for the good of the Kingdome contrary to an Act of Parliament by force of Arms and opinions in Law delivered by these temporizing Judges and Lawyers to the King through threats and terrour at Nottingham Castle tending to subvert the Laws and Statutes of the Realm overthrow the Power Priviledges and proceedings of Parliament and betray not all the House of Lords but only some of the Lords of Parliament Which Judgement being afterwards reversed in the forced and packed Parliament of 21. R. 2. was reconfirmed in the Parliament of 1 H. 4. c. 3 4 5. and the Parliament of 21. R. 2. totally repealed and adnulled for ever and hath so continued Read Statut. at large 3. In the Parliament of 17 R. 2. n. 20. and Pas 17 R. 2. B. Regis Rot. 16. Sir Thomas Talbot was accused and found guilty of High Treason for conspiring the death of the Dukes of Glocester Lancaster and other Peers who maintained the Commission confirmed by Act of Parliament 10. R. 2 and assembling people in a warlike manner in the County of Chester for effecting of it in destruction of the estates of the Realm and the Laws of the Kingdome 4. In the 29. year of King Henry the sixth Jack Cade under a pretence to REFORM alter and abrogate some laws Purveyances and Extortions importable to the Commons whereupon he was called JOHN AMEND ALL drew a great multitude of Kentish people to Black-heath in a warlike manner to effect it In the Parliament of 29 H. 6. c. 1 this was adjudged High Treason in him and his Complices by Act of Parliament and the Parliament of 31. H. 6. c. 1. made this memorable Act against him and his Imitators in succeding ages worthy serious perusal and consideration by all who tread in his footsteps and over-act him in his Treasons Whereas the most abominable Tyrant horrible odious and errant FALSE TRAYTOR John Cade calling himself sometimes Mortimer sometime Captain of Kent which Name Fame Acts and Feats be to be removed out of the speech and minde of every faithfull Christian man perpetually falsly and traiterously purposing and imagining the perpetuall destruction of the KINGS PERSON and FINAL SVBVERSION OF THIS REALM taking upon him ROYALL POWER and gathering to him the Kings People in great number BY FALSE SVBTIL IMAGINED LANGVAGE and seditiously made a stirring Rebellion and insurrection VNDER COLOVR OF JVSTICE FOR REFORMATION OF THE LAWS OF THE SAID KING robbing slaying spoiling a great part of his faithfull people Our said Soveraign Lord the King considering the premises with many other which were more odious to remember by advice and assent of the Lords Spiritual and Temporal and at THE REQUEST OF THE COMMONS and by Authority aforesaid Hath ordained and established that the said John Cade shall be had named and declared A FALSE TRAYTOR to our said Soveraign Lord the King and that all his Tyranny Acts Feats false Opinions shall be voided abated adnulled destroyed and put out of remembrance for ever And that all Indictments and things depending thereof had and made under the power of Tyranny shall likewise be void adnulled abated repealed and holden for none and that the blood of none of them be defiled nor corrupted but by the Authority of the said Parliament clearly declared for ever And that all Indictments in time coming in like case under power of Tyranny Rebellion and stirring had shall be of no regard or effect but void in Law And all the Petitions delivered to the said King in his last Parliament holden at Westminster the sixth day of November the 29. of his Reign against his minde by him not agreed shall be taken and put in Oblivion out of Remembrance undone voided adnulled and destroyed for ever as a thing purposed against God and his Conscience and against his Royal estate and preheminence and also DISHONORABLE and UNREASONABLE 5. In the 8 year of King Henry the 8. William Bell and Thomas Lacy in the County of Kent conspired with Thomas Cheney the Hermite of the Queen of Fairies TO OVER THROW THE LAWS AND CUSTOMS OF THE REALM for effecting whereof they with 200 more met together and concluded upon a course of raising greater forces in Kent and the adjacent Shires This was judged High Treason and some of them executed as Traitors Moreover it was resolved by all the Judges of England in the reign of Henry 8. that an Insurrection against the Statute of Laborers or for the inhansing of Salaries and wages or against any Statute or to remove Councellors or to any other end pretending Reformation of their own heads was TREASON and a levying war against the King BECAVSE IT WAS GENERALLY AGAINST THE KINGS LAW and the Offenders took upon them THE REFORMATION THEREOF which Subjects by gathering of power ought not to do 6. On December 1. in the 21. year of King Henry the 8. Sr. Thomas Moore Lord Chancellour of England with fourteen more Lords of the Privy Councel John Fitz-James Chief Justice of England and Sir Anthony Fitz-Herbert Herbert
frequently universally invaded assaulted undermined by our Kings and their evil Instruments heretofore and others since and thereupon more strenuously frequently vigilantly maintained fenced regained retained by our Nobles Parliaments and the people in all Ages till of late years than any or all of the rest put together though every of them hath been constantly defended maintained when impugned or incroached upon by our Ancestors and our selves 1 That no Tax Tallage Aid Subsidy Custom Contribution Loan Imposition Excise or other Assesment whatsoever for defence of the Realm by Land or Sea or any other publick ordinary or extraordinary occasion may or ought bee imposed or leavied upon all or any of the Freemen of England by reason of any pretended or real Danger Necessity or other pretext by the Kings of England or any other Powers but only with and by their common consent and grant in a free and lawful English Parliament duly summoned and elected except only such antient legal Ayds as they are specially obliged to render by their Tenures Charters Contracts and the common Law of England 2 That no Free-man of England ought to bee arrested confined imprisoned or in any private Castles or remote unusual Prisons under Souldiers or other Guardians but only in usual or Common Gaols under sworn responsible Goalers in the County where he lives or is apprehended and where his friends may freely visit and releeve him with necessaries And that only for some just and legal Cause expressed in the Writ Warrant or Process by which he is arrested or imprisoned which ought to be legally executed by known legal responsible sworn Officers of Justice not unknown Military Officers Troopers or other illegal Catchpolls That no such Free-man ought to bee denied Bail Mainprise or the benefit of an Habe as Corpus or any other Legal Writ for his enlargement when Bailable or Mainprizable by Law nor to be detained Prisoner for any real or pretended Crime not bailable by Law longer than until the next general or special Gaol-delivery held in the County where he is imprisoned when and where he ought to be legally tried and proceeded against or else enlarged by the Justices without denial or delay of Right and Justice And that no such Free-man may or ought to be out-lawed exiled condemned to any kinde of Corporal punishment loss of Life or Member or otherwise destroyed or passed upon but only by due and lawful Process Indictment and the lawful Trial Verdict and Judgement of his Peers according to the good old Law of the Land in some usual Court of publick Justice not by and in new illegal Military or other Arbitrary Judicatories Committees or Courts of High Justice unknown to our Ancestors 3 That the ordinary standing Militia Force and Arms of the Kingdom ought to reside in the Nobility Gentry Freeholders and Trained Bands of the Kingdom not in Mercenary Officers and Souldiers receiving pay and Contributions from the people more apt to oppress inslave betray than protect their Laws Liberties and to protract than end their Warres and Taxes That no Free-men of England unless it bee by special Grant and Act of Parliament may or ought to be compelled enforced pressed or arrayed to go forth of his own County much less out of the Realm into forreign parts against his will in times of Warre or Peace or except he be specially obliged thereto by antient Tenures and Charters save only upon the sudden coming of strange enemies into the Realm and then he is to array himself only in such sort as he is bonnd to do by the ancient Laws and Customs of the Kingdom still in force 4 That no Free-man of England may or ought to be disinherited disseised dispossessed or deprived of any Inheritance Free-hold Office Liberty Custom Franchise Chattles Goods whatsoever without his own Gift Grant or free Consent unless it be by lawful Processe Trial and Judgement of his Peers or special Grant by Act of Parliament nor to be denied or delayed common Right or Justice in any case 5 That the old received Government Laws Statutes Customs Priviledges Courts of Justice legal Processe of the Kingdom and Crown ought not to be altered repealed suppressed in any sort nor any new form of Government Law Statute Ordinance Court of Judicatury Writâ— or legal proceedings instituted or imposed on all or any of the Free-men of England by any person or persons but only in and by the Kingdoms peoples free and full precedent consent in a lawful Parliament wherein the Legislative power solely resides 6 That Parliaments ought to be duly summoned and held for the good and safety of the Kingdom every year or every three years at least or so soon as there is just occasion That the Election of all Knights Citizens and Burgesses to sit and serve in Parliament and so of all other Elective Officers ought to be free That all Members of Parliament Hereditary or Elective ought to be present and there freely to speak and vote according to their Judgements and Consciences without any over-awing Guards to terrifie them and none to be forced sequestered or secluded thence by force or fraud That all Parliaments not thus duly and freely summoned elected freely held but unduly packed without due Elections or by forcible secluding securing any of the Members or not summoning all of them to the Parliament and all Acts of Parliament fraudulently or forcibly procured by indirect means ought to be nulled repealed reputed voyd and of dangerous president 7 That neither the Kings nor any Subjects of the Kingdom of England may or ought to be summoned before any Forreign Powers or Jurisdictions whatsoever out of the Realm or within the same for any manner of Right Inheritance Thing belonging to them or Offence done by them within the Realm nor tried nor judged by them 8 That all Subjects of the Realm are obliged by Allegiance Oaths and duty to defend their lawful Kings Persons Crowns the Laws Rights and Priviledges of the Realm and of Parliament against all Usurpers Traytors Violence and Conspiracies And that no Subject of this Realm who according to his Duty and Allegiance shall serve his King in his Warres for the just defence of him and the Land against Forreign Enemies or Rebels shall lose or forfeit any thing for doing his true duty service and allegiance to him therein but utterly be discharged of all vexation trouble or losse 9 That no publick Warre by Land or Sea ought to be made or leavied with or against any Forreign Nation nor any publick Truce or League entred into with Forreign Realms or States to binde the Nation without their common advice and consent in Parliament 10 That the Kings of England or others cannot grant away alien or subject the Crown Kingdom or antient Crown Lands of England to any other without their Nobles and Kingdoms full and free consent in Parliament That the antient Honours Manors Lands Rents
for such ends by colour of this ill tuned Instrument contrived privatly by themselves alone as most conjecture for their own self-interests to impose perpetuall Imposts Excises Customes Contributions of all kinds on our whole three Kingdoms and Nations which neither they nor their Parliaments though never so grievous extravagant unreasonable or oppressive shall have power to take away diminish alter or regulate in the forecited illegall oppressing violent wayes of levying them unless their Grand Soveraign Lord Protector shall first give his consent thereto which they cannot expect nor enforce and in cale of his refusall they are utterly left remediless he having Thirty thousand armed Mercenary Horse and Foot in severall Quarters by Land and a strong numerous Navy by Sea at his command to keep them under endless Tributes to him and his Successors for ever O England England to omit Scotland and Ireland consider seriously and timely to what a blessed Liberty and long-expected freedome this New invented Instrument and the Irish Harp lately quartered with the English bloody Cross as our Free-State Arms hath now at last reduced thee if these objected Articles must remain inviolable maugre all our Laws Statutes c. to the contrary as our New Tax-masters and their Instruments both literally and practically conclude unlesse you use your uttermost lawfull present diligent joynt Endeavours to prevent it 〈…〉 4ly The whole House of Commons yea some who were parties to this Instrument lately impeached and with the Lords â—ouse by judgement of Parliament condemned beheaded the Earl of Strafford and Archbishop of Canterbury as guilty of High Treason in subverting our Fundamental Lawes Liberties and setting up an arbitrary Tyrannical Government for resolving at the Councel Table before-hand To assist the King to raise Monies on the Subjects to carry on the Warres against the Scots by extraordinary wayes in case the Parliament should prove peevish and refuse to grant such Subsidies as they demanded of them And for Straffords affirming That Ireland was a Conquered Nation and that the King might do with them what he pleased That they were a Conquered Nation and were to expect Lawes as from a Conqueror And that he would make an Act of Councel board in that Kingdom of Ireland as binding as an Act of Parliament And do not the Objectors Contrivers of this New Instrument Articles and those who now vigorously put it in execution in any kind as too many do speak out and do as much as bad as they in each of these particulars nay farre more and worse Do not they after the late violent breaches of our former Parliaments and their own Junctoes by the Army raise monies in more vast proportions by more irregular violent extraordinary wayes by longer continued Taxes Excises Impositions and constant yearly Revenues then they ever did or designed quite out of Parliament by their own arrogated Legislative Tax-imposing Power Do not they by this very Instrument proclaim to all the world that not only Ireland and Scotland but England it self is now a meer Conquered Nation that thereupon they may do with us what thâ—y please and we must not only expect but receive Lawes from them as Conquerors having already published whole Volumes of New-Laws and Ordinances of all sorts at their New-erected Councel board which the Old never did and made them as binding not only to Ireland but England and Scotland too as an Act of Parliament yea farre more binding than any Parliament Acts by binding the hands power of future Parliaments themselves and our three whole Nations as aforesaid and that in Perpetuity which no Parliaments nor Acts of Parliament can do and by repealing nulling all our former Fundamental Laws Charters Liberties Free Government made by Parliaments with our very Parliaments themselves And if so let the Objectors now seriously consider both the Treasonableness unparliamentalness sad Consequences of this Objection and what ill effects it may produce in present or future ages 5ly The Statutes of 25 E. 1. c. 2. 42 E. 3. c 2. yet in force declare All judgements given or to be given by the Justices or any other contrary to the points of the Great Charter to be void and holden for Nought and if any Statute be made to the contrary it shall be holden for none Therefore these Instrument Articles and Paper Ordinances made by colour of them in direct opposition to and subversion of the points of the Great Charter and all other Acts for their confirmation must needs be holden for nought and void to all intents to bind this whole Free-born Nation or any one Freeman of England in particular 6. If these Articles and Instrument for the premised reasons and defect of Legal power in the yet unknown Instrument-makers be not void in Law to all intents and purposes as all wise men repute them yet other clauses and Articles of this very Instrument admit it valid and obligatory to our Nations give a fatal blow to all the forementioned Excises Impositions Contributions by colour thereof and to the Objected Articles First the Prologue to the Oath at the close thereof proclaims the Government setled by it to be such as by the blessing of God might be lasting secure Property and answer The Great Ends of Religion and Libertie so long Contended for But these Articles as the Objection and premises evidence do no wayes secure but utterly subvert all Property in the highest degree and answer not but eternally frustrate abolish the Great ends of our Religion condemning all illegal unrighteous Taxes and Tyrannical Usurping Oppressing arbitrary Powers but especially of our Liberties so long contended for and are rather likely to raise new troubles and unsettlements than make the Government lasting as many late Presidents with those ancient ones in Dr. Beard his Theatre of Gods Judgements l. 2. c. 36. to 42. may perswade us Therefore it must be exploded as repugnant to the whole scope of the Instrument 2. The 6. Article of it is fatall and destructive to the objected Articles viz That the Laws shall not be altered suspended abrogated or repealed nor any New Law made Nor any Tax Charge or Imposition laid upon the People but by common consent in Parliament Save Only as is expressed in the 30th Article not 27. Now these objected 27 28 29 Articles being diametrically contrary to every word clause of this 6 Article and agreeable to our Fundamental Laws which the last clause of the Oath obligeth their Protector and his Successors to maintain and to govern the People by which Laws must be all altered suspended abrogated repealed by these Articles alone if reputed valid in giving Power to them to impose any Tax Charge Imposition upon the People without common consent in Parliament and being not within the saving of this or the 30th Article must needs be void and repealed by this very sixt Article and the Oath it self 3. The 30th Article following them diametrically contradicts repeals them in
are due to them and preserved for them shall be at the sole will and pleasâ—re of the Prince Army General and General Councel of Officers in their new High Courts of Injustice or other Martial Judicatories as now they are O consider consider seriously by these particulars to what a sad low despicable condition all English Parliaments are now for ever reduced and their pristine antient Priviledges Honor Freedom Power violently ravished from them by the late Army practises violences and rebellious insolencies against them never to be parallel'd in any age which hath really verified this clause in the Declaration of both Houses August 4. 1642. objected against the King and his popish Army in relation to the Parliaments Army purposely raised commissioned engaged for their defence That if the King by his Army may force this Parliament as the Parliaments Army both forced and dissolved it they may bid farewell to all Parliaments for ever receiving good by them And if Parliaments be lost they the People are lost their Laws are lost as well those lately made as in former times ALL WHICH WILL BE CVT IN SVNDER WITH THE SAME SWORD NOW DRAWN FOR THE DESTRVCTION OF THIS PARLIAMENT as we now find true by sad experience Athanasius Bishop of Alexandria about the year of our Lord 340. objected this as a great crime barbarism cruelty and violation of the priviledges of Councels to the Arrian Emperour Constantius That whensoever he called a Councel or Assembly of Bishops it was but for a shew For he would not permit them to be guided by the Ecclesiastical Canons but his Will alone must be their only Canon And when they advised him not to subvert the Ecclesiastical order nor bring the Arrian Heresie into the Church of God he would neither hear nor permit them to speak freely but grievously bending his brows if they had spoken cross to his designs and SHAKING HIS SWORD AT THEM COMMANDED THEM TO BE TAKEN AWAY Whereupon he thus infers What Liberty for perswasion or place for advice is there left when he that contradicteth shall for his labour lose either his Life or his Country Why hath the Emperour gathered so great a number of Bishops partly terrified with threats partly inticed with promises to condescend that they will not communicate wiâ—h Athanasius And Hilary Bishop of Poictou Ann. 360. in his first Book against this Tyrannical Arrian Emperour Constantius thus censures his violent proceedings of this kind to the subversion of the freedom and priviledge of Councils and their members Thou gatherest COUNCILS and when they be shut up together in one City thou TERRIFIEST THEM WITH THREATS THOU PINEST THEM WITH HVNGER THOU LAMEST THEM WITH COLD as the Army Officers did the secluded Members 6 and 7 Decemb. 1648. when they shut them up all night in Hell on the bare boards without beds in the cold and kept them fasting all the next day at Whitehall til 7 a clock at night Thou depravest them with Dissembling O THOU WICKED ONE what a mockery dost thou make of the Church and Councels Only Dogs return to their Vomit and thou compellest the Priests of Christ to sup up those things which they have disgorged and commandest them in their confessions to allow that WHICH BEFORE THEY CONDEMNED What Bishops hand hast thou left innocent What tongue hast thou not forced to falshood Whose heart hast thou not brought to the condemning of his former opinion Thou hast subjected all to thy will yea to thy violence And have not some swaying Army Officers by their frowns menaces frauds Swords open force upon the Parliament and its Members beyond all the presidents in any ages done the like and exceeded this Arrian Tyrant herein And is it not then high time for all friends to Parliaments to protest and provide against such detestable treasonable violences for the future destructive to all Parliaments if permitted or silently pretermitted without question exemplary censure righting of the imprisoned Members or any provision to redresse them for the future Our prudent Ancesters were so carefull to prevent all violence force arms and armed men in or near any places where Parliaments were held to terrifie over-awe or disturb their proceedings or Members That in the Parliament of 7 E. 1. as you may read in Rastals Abridgement Armour 1. Provision was made by the King by common consent of the Prelates Earls and Barons by a general act That in all Parliaments Treaties and other Assemblies which should be made in the Realm of England FOR EVER every man shall come without Force and without Armour well and peaceably to the honour of the King and of the peace of him and of his Realm and they together with the Commonalty of the Realm upon solemn advise declared That it belonged to the King and his part it is by his Royal Signiory strictly to defend Wearing of Armour and all other Force against his peace at all times when it shall please him especially at such times and in places where such Parliaments Treaties and Assemblies are held and to punish them which shall doe contrary according to the Laws and usage of the Realm And hereunto they are bound to aid the Kind as their Soveraign Lord at all seasons when need shall be Hereupon our Kings ever since this statute by virtue thereof and by the Law and Custom of the PARLIAMENT as Sir Edward Cook in his 4 Institutes c. 1. p. 14. informs us did at the beginning of every Parliament make a speciall Proclamation Prohibiting the bearing of Arms or weapons in or near the places where the Parliament sate under pain of forfeiting all they had Of which there are sundry presidents cited by Sir Edward Cook in his Margin whereof I shall transcribe but one which he omits and that is 6 E. 3. Rot. Parliament n. 2. 3. Because that before these days at the Parliaments and Counsels of our Lord the King Debates Riots and commotions have risen and been moved for that People have come to the places where Parliaments have been summoned and assembled armed with privy coats of plate spears swords long knives or daggers and other sort of arms by which the businesses of our Lord the King and his Realm have been impeached and the great men which have come thither by his command have been affrighted Our Lord the King willing to provide remedy against such mischiefs defendeth that no man of what estate or condition soever he be upon pain of forfeiting all that he may forfeit to the King shall be seen armed with a Coat of Male nor yet of plate nor with an Halberd nor with a spear nor sword nor long knife nor any other suspitious arms within the City of LONDON nor within the Suburbs thereof nor any place near the said City nor yet within the Palace of WEST MINSTER or any place near the said Palace by Land or Water under the foresaid pain except only such of the Kings men
Parliament set on Impositions either within the Land or upon commodities exported or imported by the merchants they have in open Parliament complained of it in that it was done without their consents and thereupon never failed to obtain a speedy and full redresse without any claim made by the Kings of any Power or Prerogative in that point And though the Law of property be original and carefully preserved by the Common Laws of this Real WHiCH ARE AS ANCIENT AS THE KINGDOME IT SELF yet those famous Kings for the better contentment and assurance of their loving Subjects agreed THAT THIS OLD FUNDAMENTAL RIGHT observe the words should be further declared and established by Acts of Parliament wherein it is provided That no such Charge shall ever be laid upon the People without their common Consents as may appear by sundry Records of former times We therefore your Majesties most humble Commons assembled in Parliament following the example of this worthy care of our Ancestors and out of our Duty to those for whom we serve finding that your Majesty without advice of your Lords and Commons hath lately in times of Peace Set both greater Impositions and farre more in number than any your Noble Ancestors did ever in time of Warre do with all humility present this most just and necessary Petition unto your Majesty THAT ALL IMPOSITIONS SET WITHOVT ASSENT IN PARLIAMENT MAY BE QVITE ABOLISHED AND TAKEN AWAY And that your Majesty likewise in imitation of your Royal Progenitors will be pleased that a Law in your time and during this Session of Parliament may be also made to declare That all Imposition of any kinde set or to be set upon your people their Goods or Merchandises save onely by common Consent in Parliament are and shall bâ— Void wherein your Majesty shall not onely Give your Subjects great Satisfaction in point of their Right but also bring exceeding joy and comfort to them who now suffer partly through the abating of the price of Native Commodities and partly through the raising of all Forraign to the overthrow of Merchants and shipping the causing of general dearth and decay of all wealth among your people who will be thereby no lesse discouraged than disabled to supply your Majesty when occasion shall require In which memorable Petition the whole House of Commons resolve in direct terms 1. That the Subjects of England have old original Fundamental Rights and more particularly in the Property of their Goods exempted from all Impositions whatsoever in times of peace or war without their common consent in Parliament declared and established both by the ancient and common law of England and sundry Acts of Parliament and records of former times 2. They declare the constant vigilant care zeal of our ancestors and former Parliaments in all ages inviolably to maintain defend preserve the same against all enchroachments together with their own care duty and vigilancy in this kind in that very Parliament 3. They relate the readinesse of our Kings to ratifie these their Fundamental Rights by new Acts of Parliament when they have been violated in any kinde 4. They declare the benefit accruing both to Prince and People by the inviolable preservation and establishment of this old Fundamental right and the mischiefs accruing to both by the infringment thereof by arbitrary illegall impositions without full consent in Parliament 5. They earnestly in point of Conscience prudence and duty to those for whom they served Petition his Majesty for a new Law and Declaration against all new Impositions and Taxes on inland Goods or Merchandises imported or exported without the peoples free consent in Parliament as null void utterly to be abolished and taken away Whether it will not be absolutely necessary for the whole English Nation and the next ensuing National or reall Parliament to prosecute enact establish such a Declaration and Law against all such former and future arbitrary illegal oppressive Taxes Impositions Excises that have been imposed and continued for many years together on the whole kingdome by new extravagant self-created usurping ARMY-OFFICERS and other Powers without free and full consent of the people in Lawfull English Parliaments against all former Laws Declarations and Resolutions in Parliaments to their great oppression enslaving undoing in far greater proportions multiplicity and variety than ever in former Ages without the least intermission and likewise against their late declared designe to perpetuate them on our exhausted Nation without alteration or diminution beyond and against all presidents of former Ages both in times of Peace and War for the future by the 27 28 29 30 39. Articles of the Instrument entituled The Government of the Common-wealth of England c. I remit to their most serious considerations to determine if ever they resolve to be English Freemen again or to imitate the wisdome prudence zeal courage and laudable examples of their worthy Ancestors from which they cannot now degenerate without the greatest Infamy and enslaving of themselves with their Posterities for ever to the arbitrary wils of present or future Vsurpers on their Fundamental Rights and Liberties in an higher degree then ever in any precedent Ages under the greatest Conquerours or Kings after all their late costly bloody Wars for their Defence against the beheaded King 5 The fifth is A learned and necessary Argument made in the Commons House of Parliament Anno 7. Jacobi to prove That each Subject hath a Property in his Goods shewing also the extent of the Kings Prerogative in Impositions upon the Goods of Merchants exported or imported c. by a late learned Judge of this Kingdome printed at London by Richard Bishop 1641. and Ordered to be Published in Print at a Committee appointed by the Honorable House of Commons for examination and Licensing of Books 20. Maii 1641. In which Parliamentary Argument p. 8. 11. 16. I finde these direct Passages That the New Impositions contained in the Book of Rates imposed on Merchandizes imported and exported by the Kings Prerogative and Letters Patents without consent in Parliament is against the natural Frame and Constitution of the Policy of this Kingdome which is JVS PVBLICVM REGNI AND SO SVBVERTETH THE FUNDAMENTAL LAW OF THE REALM and introduceth a new Form of State and Government Can any man give me a reason why the King can only in Parliament make Laws No man ever read any Law whereby it was so ordained and yet no man ever read that any King practised the contrary therefore IT IS THE ORIGINAL RIGHT OF THE KINGDOME AND THE VERY NATURAL CONSTITUTION OF OUR STATE AND POLICY being one of the highest Rights of Soveraign Power If the King alone out of Parliament may impose HE ALTERETH THE LAW OF ENGLAND IN ONE OF THESE TWO MAIN FUNDAMENTAL POiNTS he must either take the Subjects Goods from them without assent of the Party which is against the law or else he must give his own Letters Patents the force of
one of the Judges of the Common Pleas exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinal Wolsey That he had by divers and many sundry wayes and fashions committed High Treason and NOTABLE GRIEVOUS OFFENCES by misusing altering and subverting of his Graces Laws and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royal to the inestimable great hinderance diminution and decay of the universal wealth of this his Graces Realm The Articles are 43. in number the 20 21 26 30 35 37 42 43. contain his illegal arbitrary practises and proceedings to the subversion of the due course and order of his Graces Laws to the undoing of a great number of his loving people Whereupon they pray Please therefore your mostexcellent Majesty of your excellent goodnesse towards the Weal of this your Realm and subjects of the same to set such order and direction upon the said Lord Cardinal as may be to terrible example of other to beware to offend your Grace and your Laws hereafter and that he be so provided for that he never have any Power Jurisdiction or authority hereafter to trouble vex or impoverish the common-wealth of this your Realm as he hath done heretofore to the great hurt and dammage of every man almost high and low His poysoning himself prevented his legal judgement for these his Practises 7. The Statute of 3. and 4. Ed. c. 5 6. enacts That if any persons to the number of twelve or more being assembled together shall intend go about practise or put in use with force and arms unlawfully of their own authority TO CHANGE ANY LAWS made for Religion by authority of Parliament OR ANY OTHER LAWS OR STATUTES OF THIS REALM STANDING IN FORCE OR ANY OF THEM and shall continue together by the space of an houre being commanded by a Justice of Peace Mayor Sheriffe or other Officer to return or shall by ringing of any Bell sounding of any Trumpet Drumme Horn c. raise such a number of persons to the intent to put any the things aforesaid in ure IT SHALL BE HIGH TREASON and the parties executed as Traytors After this the Statute of 1 Mariaec 12. Enacted That if twelve or more in manner aforesaid shall endeavour by force to alter any of the Laws or Statutes of the Kingdome the offenders shall from the time therein limited be adâ—udged ONELY AS FELONS whereas it was Treason before but this Act continuing but till the next Parliament and then expiring the offence remains Treason as formerly 8. In the 39. year of Queen Elizabeth divers in the County of Oxford consulted together to go from house to house in that County and from thence to London and other parts to excite them to take arms for the throwing down of inclosures throughout the Realm nothing more was prosecuted nor assemblies made yet in Easter Term 39. Elizabeth it was resolved by all the Judges of England who met about the Case that this was High Treason and a levying war against the Queen because it was to throw down all inclosures throughout the Kingdom to which they could pretend no right and that the end of it was TO OVER THROW THE LAWS AND STATUTES for inclosures Whereupon BRADSHAW and BURTON two of the principal Offenders were condemned and executed at Ainstow Hill in Oxfordshire where they intended their first meeting 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 1640. The whole House of Commons impeached Thomas Earl of Strafford Lord Deputy of Ireland of High Treason amongst other Articles for this crime especially wherein all the other centred That he hath TREASONABLY ENDEAVOURED by his Words Actions and Counsels TO SUBVERT THE FUNDAMENTALL LAWS and GOVERNMENT OF ENGLAND and IRELAND and introduce an arbitrary and Tyrannical Government This the whole Parliament declared and adjudged to be High Treason in and by their Votes and a special Act of Parliament for his Attainder for which he was condemned and soon after executed on Tower-Hill as a Traytor to the King and Kingdome May 22. 1641. 10. The whole House of Commons the same Parliament impeached William Laud Arch-bishop of Canterbury of HIGH TREASON in these very terms February 6 1640. First That he hath traiterously endeavoured to subvert the Fundamental Laws and Government of this Kingdome of England and instead thereof to introduce an arbitrary and tyrannical Government against Law And he to that end hath wickedly and TRAYTEROVSLY advised his Majesty that he might at his own will and pleasure levy and take mony of his Subjects without THEIR CONSENT IN PARLIAMENT and this he affirmed was warrantable by the law of God Secondly He hath for the better accomplishment of that his Traiterous Designe advised and procured Sermons and other Discourses to be preached printed and published in which the Authority of Parliaments and the force of the Laws of this Kingdome have been denyed and absolute and unlimitted Power over the Persons and Estates of his Majesties Subjects maintained and defended not onely in the King but in himself and other Bishops against the Law Thirdly He hath by Letters Messages Threats and Promises and by divers other wayes to Judges and other Ministers of Justice interrupted perverted and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of Justice in his Majesties Courts at Westminster and other Courts TO THE SUBVERSION OF THE LAWS OF THIS KINGDOME whereby sundry of his Majesties Subjects have been stopt in their just suits deprived of their lawfull Rights and subjected to his Tyrannicall will to their ruine and destruction Fourthly That he hath traiterously endeavoured to corrupt the other Courts of Justice by advising and procuring his Majesty to sell places of Judicature and other Offices CONTRARY TO THE LAWS and CUSTOMES in that behalf Fifthly That he hath TRAITEROUSLY caused a a Book of Canons to be compiled and published without any lawfull warrant and Authority in that behalf in which pretended Canons many matters are contained contrary to the Kings Prerogative to the Fundamentall Laws and Statutes of this Realm to the Rights of Parliament to the Property and Liberty of the Subject and matters tending Sedition and of dangerous consequence and to the establishing of a vast unlawfull presumptuous power in himself and his successors c. Seventhly That he hath traiterously endeavoured to alter and subvert Gods true Religion BY LAW ESTABLISHED and instead thereof to set up Popish Religion and Idolatry And to that end hath declared and maintained in Speeches and printed Books diverse Popish Doctrines and Opinions contrary to the Articles of Religion ESTABLISHED BY LAW He hath urged and enjoyned divers Popish and Superstitious Ceremonies WITHOUT ANY WARRANT OF LAW and hath cruelly persecuted those who have opposed the same by corporal punishment and imprisonments and most unjustly vexed others who refused to conform thereunto by
for the granting to your Majesty such a Subsidy of Tonnage and Poundage as might uphold your Profit and Revenue in as ample manner as their just care and respect of Trade wherein not only the prosperity but even the life of the Kingdom doth consist would permit But being a work which will require much time and preparation by Conference with your Majesties Officers and with the Merchants not only of London but of other remote parts they finde it not possible to bee accomplished at this time wherefore considering it will be much more prejudicial to the Right of the Subject if your Majesty should continue to receive the same without Authority of Law after the determination of a Session then if there had been a recess by Adjournment only in which case that intended Grant would have related to the first day of the Parliament and assuring themselves That your Majesty is resolved to observe that your royal Answer which you have made to the Petition of Right of both Houses of Parliament yet doubting lest your Majesty may be mis-informed concerning this particular case as if you might continue to take those Subsidies of Tonnage and Poundage and other Impositions of Merchants without breaking that Answer they are forced by that duty which they owe to your Majesty and to those whom they represent to declare THAT THERE OVGHT NOT ANY IMPOSITION TO BE LAID VPON THE GOODS OF MERCHANTS EXPORTED OR IMPORTED WITHOVT COMMON CONSENT BY ACT OF PARLIAMENT WHICH IS THE RIGHT AND INHERITANCE OF YOVR SVBJECTS FOVNDED NOT ONLY VPON THE MOST ANTIENT AND ORIGINAL CONSTITVTION OF THIS KINGDOM BUT OFTEN CONFIRMED AND DECLARED IN DIVERS STAâ—VTE LAWS And for the better manifestation thereof may it please your Majesty to understand That although your royal Predecessors the Kings of this Realm have often had such Subsidies and Impositions granted unto them upon divers occasions especially for the guarding of the Seas and safeguard of Merchants yet the Subjects have been ever careful to use such Cautions and limitations in those Grants as might prevent any Claim to be made that such Subsidies do proceed from duty and not from the free gift of the Subject and that they have heretofore limited a time in such Grants and for the most part but short as for a year or two and if it were continued longer they have sometimes directed a certain space of resensation or intermission that so the Right of the Subject might be more evident At other times it hath been granted upon occasion of Warre for certain numbers of years with Proviso that if the Warre were ended in the mean time then the grant should cease And of course it hath been sequestred into the hands of some Subjects to bee imployed for guarding of the Coasts and it is acknowledged by the ordinary Answers of your Majesties Predecessors in their assents to the Bills of Subsidy of Tonnage and Poundage that it is of the nature of other Subsidies proceeding from the good will of the Subject Very few of your Predecessors had it for life until the reign of Henry 7. who was so farre from conceiving he had any right thereunto that although he granted Commissions for collecting certain Duties and Customs due by Law yet he made no Commission for receiving the Subsidy of Tunnage and Poundage until the same was granted to him in Parliament Since his time all the Kings and Queens of this Realm have had the like Grants for life by the free love and good will of the Subject and whensoever the people have been grieved by laying any Impositions or other Charges upon their Goods and Merchandizes without authority of Law which hath been very seldome yet upon complaint in Parliament they have been forthwith releeved saving in the time of your royall Father who having through ill counsel raised the Rates of Merchandizes to that height at which they now are yet he was pleased so farre to yeeâ—d to the complaint of his people as to offer that if the value of these Impositions which he had set might be made good unto him he would bind himself and his Heirs by Act of Parliament never to lay any other which offer the Commons at that time in regard of the great burthen did not think fit to yeeld unto Nevertheless your loyal Commons in this Parliament out of their especial zeal to your Service and special regard of your pressing occasions have taken into their considerations so to frame a Grant of Subsidy of Tunnage and Poundage to your Majesty that both you might have been better enabled for the defence of your Realm and your Subjects by being secure from all undue Charges be the more encouraged cheerfully to proceed in their course of Trade by the encrease whereof your Majesties profit and likewise the strength of the Kingdom would be very much augmented But not being now able to accomplish this their desire there is no course left unto them without manifest breach of their Duty both to your Majesty and their Country save only to make this humble Declaration THAT THE RECEIVING OF TONNAGE and POVNDAGE and OTHER IMPOSITIONS NOT GRANTED BY PARLIAMENT IS A BREACH OF THE FVNDAMENTAL LIBERTIES OF THIS KINGDOM and CONTRARY TO YOVR MAJESTIES ROYAL ANSWER TO THE SAID PETITION OF RIGHT And therefore they do most humbly beseech your Majesty to forbear any further receiving of the same and not to take it in ill part from those of your Majesties loving Subjects WHO SHALL REFVSE TO MAKE PAIMENT OF ANY SVCH CHARGES WITHOVT WARRANT OF LAW DEMANDED And as by this forbearance your most excellent Majesty shall manifest unto the World your ROYAL JUSTICE IN THE OBSERVATION OF YOVR LAWS so they doubt not hereafter at the time appointed for their coming again they shall have occasion to express their great desire to advance your Majesties HONOVR and PROFIT The King dissolving this Parliament on a sudden and continuing to take Tonnage and Poundage by his Royal Prerogative without any Act of Parliament sundry Merchants upon the Commons Remonstrance refused to pay the same whereupon their Goods were seised of which they complaining in Parliament 16 Caroli were Voted full Reparations against the Customers with Dammages for the same And to prevent the Kings Claim thereunto by right with all future Demands and Collections thereof from the Subject without grant in Parliament they Declared and Enacted by three special Acts of Parliament 16 17 Caroli That IT IS and HATH BEEN THE ANTIENT RIGHT OF THE SVBJECTS OF THIS REALM That NO SUBSIDY CVSTOME IMPOST OR OTHER CHARGES WHATSOEVER OVGHT OR MAY BE LAID OR IMPOSED UPON ANY MERCHANDISE EXPORTED OR IMPORTED BY SUBJECTS DENIZENS OR ALIENS WITHOVT COMMON CONSENT IN PARLIAMENT and that if any Customer Controller or any other Officer or Person should take or receive or cause to bee taken or received the said Subsidy or any other Impost upon any Merchandize whatsoever
omnia pericula pro Republica subire mori pro patria Cicero de Finibus bonorum c. p. 365. and Tusâ—c Qâ—â—aest p. 445. n Esth 4. 16. * See their printed Declarations of Iune 14. 23. Aug. 1. 2. 1647. Their Agreement of the People Jan. 1648. Government of the Common-wealth of England 1654. moulded by them * Do not many now boast talk write of such a Conquest by the Army over England b Quodlibets p. 322 323 333 334. c 1 Eliz. c. 1. 5 Eu. c. 1. 1. Jac. c. 4. 3. Jac. c. 4 5. 7 Jac. c. 6. 16 Caroli The Act for Triennial Parliaments * See J. E. his Right Jurisdiction of the Prelate and the Prince cap. 15. Becanus Bellarmine Lessius Eudoemon Johannis others against this Oath d See the printed Edicts repealing theÌ„ enforcing the Engagement An. 1649. e See the Propositions for the Treaty f See the Preface to the Covenant g See the Edicts for the Engagement An. 1649. h Bellarmin de Pontâ—f Romano Sir Hum Linde his Via devia * Thucidides Hist l. 1. 3. Plutarch Lysander Aristot Polit. l. 4 5. i See Grotius de jure Belli Pacis l. 3. c. 15. P. 537. k Watsons Quâ—dlibets p. 320 321 312 332 333. l De Monar Hisp c. 25. m Conte de Galiazzo Gualdo Priorato Hist part 3. p. 175 176. * OptanduÌ„ quidem est st modo Respublica salva et incolumis futura sit ut Civitatis partâ—s omnes quidem sibi constent in suo statu permaneant At ut praesenâ—â—ti statu gaudeant Reges Regiae dignitatis splendore commoventur Optimates Senatoriae haec enim illis pro virtutis suae praemio est populus Ephoriae Aristot Polit. l. 2. c. 7. n See 1 Cor. 12. 12. to 31. 25 H. 8. c. 22. 26 H. 8. c. 3. 1 Jac. c. 1 2. 3 Jac. c. 1 2. a John 17. 17. 2 Cor. 6. 7. Ephes 1. 12. Jam. 1. 18. b 2 Sa. 22. 8. 16. Job 38. 4 6. Ps 18. 15. 102 5. Pro. 8. 29. Is 24. 18. 40. 21 48. 13. 51 13. 16. Zech. 12 1. Mic. 1. 6. Joh. 17. 24 Eph 4. 4 Heb. 1. 10. 4 3. 9. 26 1 Pet. 1. 20 c 1 Kin. 5. 17 6. 37. 7. 9 10 Ezr. 4. 13. 6. 3. Ps 137. 7. Ezech. 41. 8. Hag. 2. 8. Zech. 4 9. 8 9. Mat. 7. 26 27 Luke 6. 48 49. d Isa 28. 16. 54. 11. Ps 87. 1 1 Cor. 3. 10 11 12. Heb. 11. 10. 1 Pet. 2. 6 Rev. 21. 14. 19. e 2 Tim. 1. 19. Heb. 6. 1. 2. f Jer. 50. 15 Mic 1. 6 7 Luke 6. 48 49 Matt. 7. 26 27 g Lilburn tried and cast p. 39 142. to 148 154. Caâ—â—es Voice from the Temple which perswadeâ— the subversion and abolishing of al former Laws especially for Tithes and Ministers support * Sâ—e the Government of the CoÌ„mon-wealth of England c. Artie 3. 12. 21. 22 24 â—7 28 29 30 31 32 38 39 41. * 2 Theâ—â— 2. 4. * See Exact Collect. and a General collection of all Ordinances c. * Sâ—e Culpepers and â—illy's Mâ—rlins and Almanacks John Cannes Voice Lilb tried and cast with many Petitions and Pamphlets against the Law and Lawyers The Order of Aug. 19. 1653. That there should be a Committee selected to consider of a New body of the Law for the government of this Common-wealth * Exod. 21. 6. * Summumjus est summa injuria Cic. de Officiis p. 611. * Lilbourn tried and cast p. 39 40 142 to 148 and elsewhere John Cannes â— Voice from the Temple John Rogers Mene Tekel Perez p. 6. Lilly and Culpeper in their Prognostications An. 1653 1654. See the Armies Proposals See the 1 and 6 Proposition in cap. 2. * See the Government of the Common-wealth of England c. Artiâ— 12. the writs and printed returns for new â—lections and enforced new Test and Engagement imposed on the three Kingdoms and new Members seâ—luding mâ—â—â— of them See Proposition 1. in ch 2. Nota. * O how are they now degenerated * And should they not be so now then * And should we now at last fail herein * How dare then any self created powers who are neither Kings nor Parliaments now arrogate to themselves or exercise such a super-Reg al arbitrary power and Prerogative against all our Laws and theâ—â— own instrument and oaths Nota. * And oh that we would follow it now again both in and out of Parliament Nota. * See the whitehall Ordinances for the six months contribution Excise till 1656. tunnage Poundage till 1658. beyond all Presidents in any age and the very words and letter of the 30 Article of their government Nota. * Yet those who have pulled down our Kings as Tyrants now presume to do it Witness their New White-hall Laws and Ordinances amounting to near 700. pages in folio in a few moneths space * And do not those do so who now â—ay Monethly Taxes Excises Customs and New Imposts on us daily out of Parliament and that for many moneths and years yet to come against the Letter of their own Instrument and Oath too * And are they not so now * 20. H. 3. c. 9. See Cooks 2 Inâ—â—it p. 97 â—8 Proposition 1 4 Proposition 2. * See Canterburies Doom p. 19. Exact Coll. p. 12. * Exact Collect. p. 112 113. * Exact Coll. p 850 584 â—87 888. See Chap. 2. Proposit 1 2. 3. * Do not the Army Officers now enforce them to all this without a Parliament to support their usurped new Powers and Possessions and establish themselves in a most absolute Soveraignty over our three kingdoms Nota. * These expostulations reach to them at Whitehall now who presume to impose Taxes Customs Excises and make binding laws and Instruments for our whole 3 kingdomes Nations Parliaments which no King there ever did in like nature nor their Câ—â—â—cels in any age * See the true state of the case of the Common-wealth of England c. p. 33 34. * Exact Collect p. 888. * A Collection of all publike Orders Ordinances and Declarations of Parliament p. 451 452 457 458. * How have others of late which they stile Parliâ—ments been convened * Yet forcibly dissolved by the Army and some now in Power against their Commissions Oaths Trusts Protestations Covenant and an Act of Parliament for their continuance who may do well to peruse this clause See c. 2. Proposition 6 7. * A Collection c. p. 504. * A Collection c. p. 877 878 879. * And is not all this now proved a reall experimental truth in some of these Remonstrants to their shame * And can most of these Remonstrants in late or present Power now say this in truth or realty and must not they be utterly ashamed confounded before God and man when they consider how they have dissembled prevaricated with God and men herein in each particular * And
excommunicate but judicially to suspend mulct with temporal penalties depose dethrone PVT TO DEATH and destroy any Christian Emperours Kings Princes Potentates by open Sentence War Force secret Conspiracies or private assasinations and to give away their Crowns and Dominions to whoever will invade them by Treason or Rebellion at the Popes command and that in cases of Heresie Schisme Disobedience to Rebellion against the Pope or See of Rome Male-administration refusal to defend the Pope or Church against her adversaries Insufficency to Govern Negligence Tyranny Excesses Abuses in Goveâ—nment Incorrigibility Vitiousness of Life and NECESSITY OF THE PUBLICK GOOD OR SAFETY OF THE CHURCH STATE OR CAVSE OF GOD as Antonius Sanctarellus the Jesuite particularly defines in his Book De Haeresibus Schismatibus c. printed in Rome it self Anno 1625. who affirms it to be Multum aequum Reipublicae expediens ut sit aliquis supremus Monarcha qui Regum hujusmodi excessus possit corrigere DE IPSIS IVSTITIAM MINISTRARE sicut PETRD concessa fuit facultas PVNIENDI PAENA TEMPORALI imo etiam PAENA MORTIS DICTAS PERSONAS AD ALâ—â—â—VM COKKEECMIONEM ET EXEMPLVM Whether the Erection Title of or Proceedings against our beheaded King in the late mis-named High Court of Justice had not their original from hence and whether the Army-Officers derived not their very phrase of bringing the King TO IVSTIEE with their pretended NECESSITY OF PVBLICK GOOD AND SAFETY for it from these very Jesuites or their Agents in the Army let themselves the whole Kingdom and all Wisemen now consider Moreover some of the fifty Authors as Creswel or Parsons the English Jesuite in his Philopater Sect. 2. and De Officio Principis Christiani chap. 5. affirm That the whole School both of their Divines and Lawyers make it a Position certain and undoubtedly to be believed That if any Christian Prince whatsover shall manifestly turn from the Roman Catholick Religion or desire or seek to reclaim others from the same or but favour or shew countenance to an Heretick as they deem all Protestants and Dissenters from the See of Rome in any punctilio such HE PRESENTLY FALLETH FROM LOSETH AL PRINCELY POWER Dignity that By Vertus Power OF THE LAW IT SELF BOTH DIVINE AND HVMANE EVEN BEFORE ANY SENTENCE PRONOVNCED AGAINST HIM BY THE SVPREAM PASâ—OR AND IVDGE That thereby his Subjects are absolved from ALL OATHES AND BONDS OF ALLEGIANCE TO HIM AS TO THEIR LAWFUL PRINCE Nay THAT THEY MAY AND OVGHT PROVIDED THEY HAVE COMPETENT POWER AND FORCE TO CAST OVT SVCH A PRINCE FROM BEAKING RVLE AMONGST CHRISTIANS as an Apostate an Heretick a Back-slider a Revolter from our Lord Jesus Christ AND AN ENEMY TO HIS OWN ESTATE AND COMMONWEALTH lest perhaps he might infect others or by his example or command turn them from the faith And that the Kingdom of such an Heretick or Prince is to be bestowed at the pleasure of the Pope with whom the people upon pain of Damnation are to take part and Fight against their SOVERAIGN Out of which detestible and Treasonable Conclusions most Treasons and Rebellions of late time have risen in the Christian World and the first smoke of the Gunpowder-treason too as John Speed observes in his History of Great Britain p. 1250. Whereupon the whole University of Paris censured them An. 1625 and 1626. not onely as most pernioious detestable damnable erroneous and perturbing the publick Peace but likewise as Subversive of Kingdoms States and Republicks seducing Subjects from their Obedience and subjection and stirring them up to Wars Factions Seditions Principum parricidia and the Murthers of their KINGS 2. That the Jesuites have frequently put these Treasonable Seditious Antimonarchical Jesuitical damnable Doctrines into practice as well against some Popish as against Protestant Kings Queens Princes States which they manifest 1. By their poysoning Jone Albreta Queen of Navarre with a pair of deadly perfumed Gloves onely for favouring and protecting the Protestants in France against their violence Anno. 1572. 2. By their suborning and animating James Clement a Dominican Frier to stab King Henry the third of France in the belly with a poysoned Knife whereof he presently died Anno. 1589. for which they promised this Traytor a Saintship in heaven Pope Sixtus the fifth himself commending this foul Fact in a long Oration to his Cardinals as Insigne memorabile sacinus non sine Dei Opt. Max. particulari providentia dispositione ET SPIRITUS SANCTI SUGGESTIONE DESIGNATUM facinusque longe majus quam illud S. Judith quae Holofernum è medio sustulit 3. By Cammolet the Jesuites publick justification of this Clement in a Sermon at Paris Anno 1593. wherein he not only extolled him above all the Saints for his Treason against and murder of Henry the 3. but broke out likewise into this further Exclamation to the people We ought to have some Ehud whether it be a A Monke or A Souldier or a Varlet or at least a Cow-herd For it is necessary that at least we should have some Ehud This one thing onely yet remains behinde for then we shall compose all our Affairs very well and at last bring them to a destred end Whereupon by the Jesuites instigation the same yeer 1593. one Peter Bariere undertook the assasination of King Henry the 4 of France which being prevented and he executed thereupon they suborned and enjoyned one of their own Jesuitical Disciples John Castle a youth of 19 yeers old to destroy the King who on the 27 of December 1594. intending to stab him to the heart missing his aim wounded him onely in the cheek and stroke out one of his teeth for which Treasonable act he was justified applauded as a renowned Saint and Martyr by the Jesuites in a printed Book or two published in commendation of this his undertaking As namely by Bonarscius the Jesuite in his Amphitheatrum Franciscus Verona Constantinus a Jesuite in his Apologiapro Iohanne Castello contra Edictum Parliamenti supplicium de eo ob Parricidium sumptum An. 1595. Where he thus writes of the attempt upon Hen. 4. Whosoever diligently ponders that Henry was excommunicated an Heretick relapsed a profâ—ner of holy things a declared publick enemy an oppressor of Religion and thereupon a person secluded from all right to the Kingdom and therefore a Tyrant not a King an Vsurper not a lawful Lord he verily unless he be mad and destitute of humane sence and love towards God the Church and his Country cannot otherwise think or speak but that the fact of Castle was generous conjoyned with Vertue and Heroical to be compared with the greatest and most praise-worthy facts which the ancient Monuments of Sacred and Prophane Histories have recorded One thing onely may be disliked namely That Castle hath not utterly slain and taken him from the midst of us In sum He denies this Henry to be any King of France by right
Bull the Jesuites after her decease disswaded the Romish-minded Subjects from yielding in any wise obedience to King James as their Soveraign and entrâ—d into a Treasonable Conspiracy with the Lord Cobham Lord Gray and others against him to imprison him for the ends aforesaid or destroy him pretending that King Iames was no King at all before his Coronation and that therefore they might by force of Arms lawfully surprise his person and Prince Henry his Son and imprison them in the Tower of London or Dover-Castle till they inforced them by duress to grant a free toleration of their Catholick Religion to remove some evil Counsellors from about them and to grant them a free Pardon for this violence or else they would put some further project in execution against them to their destruction But this Conspiricy being discovered The Traytors were apprehended arraighned condemned and Watson and Clerk two Jesuited Priests who had drawn them into this Conspiracy upon the aforesaid Pretext with some others executed as Traytors all the Iudges of England resolving that King Iames being right Heir to the Crown by descent was immediately upon the death of Queen Elizabeth actually possessed of the Crown and lawful King of England before any Proclamatâ—on or Coronation of him which are but Ceremonies as was formerly adjudged in the case of Queen Mary and Queed Iane 1 Mariae there being no Interregnum by the Law of ENGLAND as is adjudged declared by Act of Parliament 1 Iac. c. 1. worthy serious perusal 8. their horrid Gun-powder Treason Plot contrived fomented by Garnet Superiour of the English Jesuites Gerard Tensmod and other Jesuites who by their Apostolical power did not onely commend but absolve from all sin the other Jesuited Popish Conspirators and Faux The Sculdier who were their instruments to effect it Yea the Jesuitical Priests were so Atheistical as that they usually concluded their Masses with Prayers for the good success of this hellish Plot which was suddenly with no less then 36 Barrels of Gunpowder placed in a secret Vault under the House of Lords to have blown up and destroyed at once King James himself the Queen Prince Lords Spirituall and Temporal with the Commons assembled together in the Upper-House of Parliament upon the 5 of November Anno Dom. 1605. and then forcibly to have seised with armed men prepared for that purpose the persons of our late beheaded King then Dake of York and of the Lady Elizabeth his Sister if absent from the Parliament and not there destroyed with the rest that so there might be none of the Royal Line left to inherit the Crown of England Scotland and Ireland to the utter overthrow and subversion of the whole Royal Family Parliament State and Government of this Realm Which unparallel'd inhumane bloody Plot being miraculously discovered prevented the very day before its execution in perpetual detestation of it and of the Jesuites and their traiterous Romish Religion which both contrived and approved it the 5 day of November by the Statute of 3 Jacobi ch 1. was enacted to be had in perpetual Remembrance that all Ages to come might thereon meet together publickly throughout the whole Nation to render publick praises unto God for preventing this infernal Jesuitical Design and keep in memory this joyful Day of Deliverance for which end special forms of publick Prayers and Thankesgivings were then appointed and that Day ever since more or less annually observed till this present And it is worthy special observation that had this Plot taken effect It was agreed by the Jesuites and Popish Conspirators before-hand That the Imputation of this Treason should be cast upon the Puritans to make them more Odious as now they father all the Powder-Plots of this kinde which they have not onely laid but fully accomplished of late yeers against the King Prince Royal Posterity the Lords and Commons House our old English Parliaments and Government upon those Independents and Anabaptistical Sword-men whom they now repute and stile the most reformed PURITANS who were in truth but their meer under Instruments to effect them When as they originally laid the Plots as is clear by Campanella's Book De Monarchia Hisp ch 25. and Cardinal Richelieu his Instructions at his death to the King of France And it is very observable that as Courtney the Jesuite Rector of the English Jesuites Colledge at Rome did in the year 1641. when the name of Independents was scarce heard of in England openly affirm to some English Gentlemen and a Reverend Minister of late in Cornwal from whom I had this Relation then and there feasted by the English Jesuites in their Colledge That now at last after all their former Plots had miscarried they had found out a sure way to subvert and ruine the Church of England which was most formidable to them of all others by the Independents who immediately after by the Jesuites clandestine assistance infinitely encreased supplanted the Presbyterians by degrees got the whole power of the Army and by it of the Kingdom into their hands then subverted both the Presbyterian Government and Church of England in a great measure with the Parliament King and his Posterity as Monsieur Militiere a Jesuited French-Papist observes So some Independent Ministers Sectaries and Anabaptists ever since 1648. have neglected the observation of the fifth of November as I am credibly informed and refused to render publick thanks to God for the deliverance thereon contrary to the Act for this very reason which some of them have rendered That they would not mock God in publick by praising him for delivering the late King Royal Posterity and House of Lords from destruction then by Jesuites and Papists when as themselves have since destroyed and subverted them through Gods providence and repute it a special mercy and deliverance to the Nation from Tyranny and Bondage for which they have cause to bless the Lord Performing that for the Jesuites and Powder-Traytors which themselves could not effect The Lord give them grace and hearts to consider how much they acted the Jesuites and promoted their very worst Designes against us therein what infamy and scandal they have thereby drawn upon all zealous Professors of our Protestant Religion and what will they do in the end thereof 9. To omit all other Forraign instances cited in Speculum Jesuiticum p. 124 to 130. where you may peruse them at leisure By their poysoning King Iames himself in conclusion as some of them have boasted 10. By the Popes Nuntio's and a Conclave of Jesuites Conspiracy at London Anno 1640. to poyson our late King Charles himself as they had poysoned his Father with a poysoned Indian Nut kept by the Jesuites and shewed often by Conne the Popes Nuntio to the Discoverer of that Plot or else to destroy him by the Scotish wars and troubles raised for that very end by the Jesuites in case he refused to grant them a
reproach too vile but that we shall willingly goe through the one and undergoe the other That we and the WHOLE KINGDOME MAY ENJOY THAT HAPPINESSE which we cannot in an ordinary way of providence expect FROM ANY OTHER FOUNTAIN OR STREAM than those from whence were the poison of evil Councels once removed from about them no doubt but we and THE WHOLE KINGDOME SHOULD BE SATISFIED MOST ABUNDANTLY And on the contrary have they not fully and actually verified in respect of themselves and their Confederates in the Houses this Odious aspersion then only in prediction cast by the KING on the PARLIAMENT but by them at that time renounced with greatest detestation and drawn those sad consequences on the whole Kingdom wherewith both HOUSES conclude that Declaration in these words 7. That the Representative Body of the whole Kingdom since dissolved by the Army is a Faction of Malignant Schismatical ambitious Persons whose DESION IS AND ALWAYES HATH BEEN TO ALTER THE WHOLE FRAME OF GOVERNMENT BOTH OF CHURCH AND STATE AND TO SUBJECT BOTH KING AND PEOPLE TO THEIR OWN LAWLESSE ARBITRARY POWER AND GOVERNMENT and that they DESIGN THE RUINE OF HIS MAJESTIES PERSON and OF MONARCHY IT SELF and consequently that they are TRAITORS and all the Kingdome with them for their act is the act of the whole Kingdome And whether their punishment and ruine may not also INVOLVE THE WHOLE KINGDOM IN CONCLUSION AND REDUCE IT INTO THE CONDITION OF A CONQUERED NATION as some ARMY OFFICERS SOULDIERS openly averre we are now reduced to by and under them NO MAN CAN TELL BUT EXPERIENCE SHEWETH US and now we find it most true in the ARMY-OFFICERS COVNCELL SOVLDIERS THAT SVCCESSE OFTEN DRAWS MEN NOT ONELY BEYOND THEIR PROFESSION but also many times beyond their first intentions Surely as the Armies and their Confederates late proceedings in relation to themselves though not unto the forced dismembred dissolved Parliament and secured Members have fully verified this charge in every particular then reputed most false and scandalous which I thus press upon their consciences at this time and so largely insist on not to defame or asperse them to the world as many others do who apply that black Character of Ier. 9. 2. to 6. c. 12. 6. Rev. 3. 10. to 19. They are all an ASSEMBLY OF TREACHEROVS MEN Thine habitation is in the MIDST OF DECEIT c. Destruction and Misery are in their wayes and the way of Peace they have not known there is no fear of God before their eyes unto them in a more eminent manner as being really verified by their unparalleld exorbitances formentioned but to vindicate the Innocency Integrity of the Majority and secluded Members of both Houses against the scandalous printed aspersions of Militiere and other Papists to preserve and justifie the Honour of our Reformed Religion and of the most zealous Professors thereof to restore re-establish if possible the Priviledges the Freedom of all Future Parliaments much impaired endangered by their heady violent Proceedings and most pernicious Presidents to Posterity if not publikely abominated exploded by them or exemplarily punished to deterr all others from their future imitation to convince them by what Jesuitical Popish old Court-Principles Counsels Practises they have hitherto been misguided and to reclaim them as much as in me lieth for the future from the like destructive Practises for the publick Safety Peace Settlement of our distracted Kingdoms and do most earnestly beseech them as they are English-men Souldiers Christians seriously to repent of and lay to heart lest they perish eternally for them at last as likewise to take heed lest by teaching and instigating the Common Souldiers of the Army to suppresse oppresse betray the Parliament Kingdom People who raised payed and entrusted them only for their safeguard and defence they do not thereby instruct and encourage them at last to betray and destroy themselves it being a true observation of Seneca the Philosopher Aliquando Tyrannorum praefidia in ipsos consurrexerunt PERFIDIAMQVE ET IMPIETATEM ET FERITAREM ET QVICQVID AB ILLIS DIDICERANT IN IPSOS EXECRERVNT Quid enim potest ab eo quisquam sperare QVEM MALVM ESSE DOCVIT Non diu paret nequitia nec quantum jubetur peccat as we have seen by many late presidents So the Army-Officers Souldiers Great Successes in all their Wars Designs and forcible ill Proceedings against the King Parliament Kingdom Government Laws and Liberties as it hath caused them not only beyond their Professions but also beyond their first Intentions Commissions Protestations to forget that Gospel-precept given to Souldiers Luke 3. 14. to advance themselves to a more absolute Soveraign arbitrary Power over them than ever any Kings of England claimed or pretended to as their late Proceedings Remonstrances and transcendent Instrument of the Government of the three Kingdoms manifest so it hath been the principal Ground whereby they have justified all their unpresidented forementioned Exorbitances as lawfull commendable Christian and that which hath struck such a stupifying pannick fear such a stupendious cowardize baseness sottâ—shness into the Generality of the Nobility Gentry Ministery and Commons of our late most heroick English Naton that there is scarce a man to be found throughout the Realm of any Eminency though we should seek after him like Diogenes with a Candle that dares freely open his mouth against their most irregular illegal violent destructive arbitrary Proceedings Usurpations Innovations Oppressions Taxes Projects to the shaking and utter subverting of our ancient Fundamental Laws Liberties Rights Properties Parliaments Parliamentary priviledges Government and taking away of the very Lives of some and thereby endangering the Lives of all other English Freemen of all Degrees in mischristened High Courts of Justice Such a strange Charm is there in Success alone to metamorphise Men into meer temporising slavish sordid sotts and beasts yea to cause not only persons truly honourable but the very Devil himself and the worst of beasts to be wondred after applauded adored not only as Saints but Gods We read Rev. 13. of a Monstrous deformed BEAST to whom the Dragon the Devil gave his Power Seat and Great Authority whereupon all the world wondred after the Beast and worshipped not onely the Dragon that gave him power but the Beast likewise saying Who is like unto the Beast WHO IS ABLE TO MAKE WAR WITH HIM And there was given unto him a Mouth speaking Great things and blasphemies and power was given him to continue and make war forty and two months And power was given unto him to make war with the SAINTS AND TO OVERCOME THEM and power was given him over all Kindreds and Tongues and Nations And HEREVPON IT FOLLOWS all that dwell upon the earth shall worship him whose names are not written in the Lambs Book of Life And another Beast under him caused the earth and all that dwell therein to set up the Image of this Beast and to worship it and he
exported or imported except the same be due by Grant IN PARLIAMENT shall incur the penalties and forfeitures OF A PREMVNIRE to the which the King gave his Royal Assent And to prevent any future prescription thereunto by the King they discontinued it for some time and then granted it specially from Month to Month or some short space with sundry limitations and the penalty of A PREMVNIRE if otherwise received by several New Acts of Parliament to which the King gave his assent These Acts the King himself in his Proclamation of the sixteenth of December in the eighteenth year of his reign stiles THE FENCES OF THE SVBJECTS PROPERTY received from Vs and understood by Vs as one of THE GREATEST GRACES THE CROWN EVER CONFERRED ON THE SVBJECT And by that Proclamation he prohibited all his Subjects both the paiment and receipt of any Monies for Customs or other Maritine Duties contrary to this Act by any Ordinance of both Houses of Parliament under pain of a PREMUNIRE and of being likewise proceeded against as ill-affected persons to the Peace of the Kingdome Whereupon the Lords and Commons in their answer to this Proclamation though they declared that the intent and meaning of that penall Clause of a PRAEMVNIRE and other Forfeitures in these new statutes which likewise disable every person Customer Officers who should take or receive or cause to be taken or received any such subsidy or imposition upon any Merchandize during his life to sue or implead any persons in any action reall mixt or personal in any Court whatsoever was only to restrain the Crown from imposing any duty or payment on the Subjects without their consent in Parliament and that it was not intended to extend to any case whereunto the LORDS and COMMONS GIVE THEIR ASSENT IN PARLIAMENT which they never did to this New White-hall Ordinance nor the pretended Act recited in it therefore the imposers and receivers of it by vertue thereof without such assent in Parliament are within the penalties of the aforesaid Statutes Yet to avoid the danger of a Praemunire in their Officers by exacting it only by an Ordinance of both Houses without a speciall Act of Parliament they did by their first Ordinances impose and demand Customes Tonnage Poundage and new Imposts not as a Legal Duty but only BY WAY OF LOANE til the Act of Parliament for their future continuance should be assented to by the King as their Declaration of 31 December 1642. and their Ordinance of the same date concerning the subsidy of Tonnage and Poundage attest By what coulor of Law Iustice Right this antient birth-right of all English Subjects so lately declared by three Acts of Parliament to which most of our late and present White-hall Grandees were parties comes to bee lost and forfeited by our contests to preserve it or how the Customes Imposts of Tonnage and Poundage can bee now imposed continued on or exacted from the Subjects by any Powers Officers or persons Whatsoever and levied by severest penalties Forfeitures Imprisonments Seisures by pretext of this White-hal Ordinance though no waies granted by common consent and Act of Parliament without incurring a Praemunire and forementioned penalties disabilities or without subverting the Fundamental Liberty Property Franchises Laws Statutes of the whole English Nation in a farre higher degree then ever in former ages I cannot yet discern and all our New Governours Merchants Customers Officers and other persons who have any Cordial affection Love Zeal to their own or the peoples hereditary Rights and Priviledges may do well to demurre in Law upon it till they can satisfy their own and other mens consciences therein to prevent the dangerous consequences of such an ill president to posterity In the Parliament of 1 H. 4. rot Parl. n. 32 33 34 36. These were the principall Articles of impreachment exhibited against King Richard the Second for which hee was forced to depose himself as unfit to Govern and resign up his Crown to King Henry the Fourth That whereas the King of England out of the profits of the Realm and the Patrimony belonging to his Crown might live honestly without oppression of his people so as the Kingdome were not burdened with the extraordinary expences of warre that this King during the Truces between the Realm and the Adversaries thereof gave and squandered away a great part of the Crown-Lands to unworthy persons and thereupon exacted almost every year so many Taxes and Grants of Ayde from his Subjects of the Realm that hee thereby GREATLY and TOO EXCESSIVELY OPPRESSED HIS PEOPLE TO THE IMPOVERISHING OF HIS REALM That the same King being unwilling to keep and defend the just Laws and Customes of his Realm and to do according to his pleasure whatsoever should suite with his desires frequently when the Laws of his Realm were expounded and declared to him by the Justices and others of his Council who requested him to administer Justice according to those Laws said expresly with an austere and frownning Countenance THAT THE LAWS WERE HIS more suo AFTER his own MANER and sometimes THAT THEY WERE IN HIS OWN BREAST and THAT HEE ALONE COULD ALTER and MAKE THE LAWS OF HIS REALM And being seduced with this opinion he permitted not Justice to be done to very many of his Leige people but compelled very many to cease from the prosecution of common Justice That when as afterwards in his Parliament certain Statutes were made which might always bind till they were specially repealed by another Parliament the same King desiring to enjoy so great Liberty that none of these Statutes might so binde him but that he might execute and do according to the pleasure of his own Will which hee could not do of right subtilly procured such a Petition to be presented to him in his Parliament in the behalf of the Commons of his Realm and to be granted to him in the general THAT HE MIGHT BE SO FREE AS ANY OF HIS PROGENITORS WERE BEFORE HIM By colour of which Petition and Grant he frequently did and commanded to bee done MANY THINGS CONTRARY TO THE SAID STATVTES NOT REPEALED GOING AGAINST THEM EXPRESLY and WITTINGLY AGAINST HIS OATH AT HIS CORONATION That although by the Statutes and Customs of his Realm in the summoning of every Parliament his people in every County of the Realm ought to be free to elect and depute Knights for the said Counties to sit 〈◊〉 Parliament both TO RECEIVE their GRIEVANCES and TO PROSECVTE REMEDIES THEREUPON AS IT SHALL SEEM EXPEDIENT TO THEM yet the said King that he might in his Parliament be able to obtain the effect of his rash Will frequently directed his Mandates to his Sheriffs that they should cause to come to his Parliament CERTAIN PERSONS NAMED BY THE KING HIMSELF AS KNIGHTS OF THE SHIRE Which Knights verily favouring the said King he might easily enduce as he frequently did sometimes by divers threats and terrors and sometimes by gifts TO CONSENT TO THOSE THINGS WHICH WERE VERY