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A91263 A seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all English freemen (their best inheritance, birthright, security, against arbitrary, tyrannicall, and Egyptian burdens) and of their strenuous defence in all former ages; of late years most dangerously undermined, and almost totally subverted, under the specious disguise of their defence and future establishment, upon a sure basis, their pretended, greatest propugners. Wherein is irrefragably evinced by Parliamentary records, proofs, presidents, that we have such fundamentall liberties, ... that to attempt or effect the subversion of all or any of them, ... is high treason: ... / By William Prynne of Swainswick, Esquire.; Seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all English freemen. Part 1 Prynne, William, 1600-1669. 1654 (1654) Wing P4062; Thomason E812_10; ESTC R207634 45,225 63

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at Aiciston Hill in Oxfordshire where they intended their first meeting b See the Journals of both Houses and Act for his Attainder Mr. Pyms Declaration upon the whole matter of the Charge of High Treason against him April the 12. 1641. M. St. Iohns Argument at Law at his Attainder and Diurnal Occurrences 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 1640. 1641. The whole house of Commons impeached Thomas Earl of Strafford Lord Deputy of Ireland of High Treason amongst other Articles for this crime especially wherein all the other centred That he hath TREASONABLY ENDEVOURED by his Words Actions and Counsels to SUBVERT THE FUNDAMENTALL LAWS OF ENGLAND and IRELAND and introduce an Arbitrary and Tyrannicall Government This the whole Parliament declared and adjudged to be High Treason in and by their votes and a speciall Act of Parliament for his Attainder for which he was condemned and soon after executed on Tower Hill as a Traytour to the King and Kingdome May 22. 1641. c See the Commons and Lords Iournals his printed impeachment Mr. Pyms Speech thereat Canbuties Doom p. 25 26 2● 38 40 10. The whole House of Commons the same Parliament impeached William Laud Archbishop of Canterbury of HIGH TREASON in these very terms February 6. 1640. First That he hath trayterously endeavoured to subvert Fundamentall Lawes and Government of this Kingdome of England and instead thereof to introduce An Arbitrary and Tyrannicall Government against Law See chap. 2. Proposition 1. and he to that end hath wickedly and TRAYTEROUSLY advised his Majesty that he might at his own will and pleasure L●vy and take money of his Subjects without their consent in Parliament and and this he affirmed was warrantable by the Law of God Secondly He hath for the better accomplishment of that his Trayterous design advised and procured Sermons and other Discourses to be preached printed and published in which the Authority of Parliaments and the force of the Lawes of this Kingdome have been denyed and absolute and unlimited Power over the persons and estates of his Majesties Subjects maintained and defended not 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 endevoured to interrupt and pervert the course of Justice in his Majesties Courts at Westminster and other Courts TO THE SUBVERSION OF THE LAWS OF THIS KINGDOME whereby sundry of his Majesties Subjects have been stopt in their just suits deprived of their lawfull Rights and subjected to his Tyrannical will to their ruine and destruction Fourthly That he hath trayterously endevoured to corrupt the other Courts of Justice by a vising and procuring his Majesty to sell places of Judicature and other offices CONTRARY TO THE LAWS and CUSTOMES in that behalf Fifthly He hath TRAYTEROUSLY caused a Book of Canons to be compiled and published without any lawfull warrant and Authority in that behalf in which pretended Canons many matters are contained contrary to the Kings Prerogative to the fundamentall Laws and Statutes of this Realm to the Rights of Parliament to the Property and Liberty of the Subject and matters tending to sedition and of dangerous consequence and to the establishing of a vast unlawfull presumptuous power in himself and his Successors c. Seventhly That he hath trayterously endevored to alter and subvert Gods true Religion BY LAW ESTABLISHED and instead thereof to set up Popish Religion and Idolatry And to that end hath declared and maintained in Speeches and Printed Books divers Popish Doctrines and opinions contrary to to the Articles of Religion ESTABLISHED BY LAW He hath urged and enjoyned divers Popish and Superstitious Ceremonies WITHOVT ANY WARRANT OF LAW and hath cruelly persecuted those who have opposed the same by corporall punishments and imprisonments and most unjustly vexed others who refused to conform thereunto by Eccclesiasticall Censures Excommunication Suspension Deprivation and Degradation CONTRARY TO THE LAWS OF THIS KINGDOME 13. He did by his own authority and power contrary to Law procure sundry of his Majesties Subjects and enforced the Clergy of this Kingdome to contribute towards the maintenance of the war against the Scots That to preserve himself from being questioned for these and other his Trayterous Courses he hath laboured to Subvert the Rights of Parliament and the ancient Course of Parliamentary Proceedings and by false and malicious slanders to incense his Majesty against Parliaments All which being proved against him at his Triall were after solemn Argum●nt by Mr. Samuel Brown in behalf of the Commons House proved and soon after adjudged to be High Treason at the Common Law by both Houses of Parliament and so declared in the Ordinance for his Attainder for which he was condemned and beheaded as a Traitor against the King Law and Kingdome on Tower hill January 10. 1644. 11. In the a See the Commons and Lords Journals Durnal Occurrences p. 15 16 19. 37. 191. to 264. and Mr. St. Iohns Speech at a conscience of both Houses of Parliament concerning shi●mony and these Judges Together with the Speeches of Mr. Hide Mr. Walker Mr. P●erpoint Mr. Denzill Hollis at their impeachments ●uly 16. 1641. aggravating their offences in Diurnall Occurrences and Speeches same Parliament December 21. Jan. 14. February 11. 1640. and July 6. 1641. Sir John Finch then Lord Keeper chief Justice Bramston Judge Berkly Judge Crawly Chief Baron Davenport Baron Weston and Baron Turnour were accused and impeached by the House of Commons by several Articles transmitted to the Lords OF HIGH TREASON for that they had Traitorously and wickedly endeavoured to subvert the Fundamentall Laws and est●blished Government of the Realm of ENGLAND and instead thereof to introduce an Arbitrary and Tyrannicall Government against Law which they had declared by Traiterous and wicked words opinions judgement and more especially in this their extrajudiciall opinion subscribed by them in the case of Ship-money viz. We are of opinion that when the good and safety of the Kingdome in generall is concerned and the whole kingdome in danger Your Majesty may by Writ under the Great Seal of England without consent in Parliament command all your Subjects of this your Kingdome See ch 2. Proposition 1. at their charge to provide and furnish such a number of Ships with Men Victuall and Ammunition and for such time as your Majesty shall think fit for the Defence and safeguard of the Kingdome from such danger and perill And we are of opinion that in such case your Majesty is the sole Judge both of the danger and when and how the same is to be prevented and avoided And likewise for arguing and giving iudgment accordingly in Master John Hempdens case in the Exchequer Chamber in the point of Ship money in Aprill 1638. which said Opinions
have done some other of my writings of this nature with all which they must first brand Mr. St John Mr. Pym the whole House of Commons the last two with all other Parliamens forecited ere they can accuse traduce or censure me who do but barely relate apply their words and judgements without malice or partiality for the whole Kingdomes benefit and security To these punctuall full Jury of Records and Parliamentary Authorities in point I could accumulate Sir Edward Cook his 3. Institutes p. 9. printed and authorised by the House of Commons speciall Order the last Parliament The severall Speeches of Mr. Hide Mr. Walker Mr. Pierpoint and Mr. Hollis July 6. 1641. at the Lords Bar in Parliament by order of the Commons House at the Impeachment of the Shipmony Judges of High Treason printed in Diurnall Occurrences and speeches in Parliament London 1641. p. 237. to 264. Mr. Samuel Browns Argument at Law before the Lords and Commons at Canterburies Attainder all manifesting their endevouring to subvert the Fundamentall Laws and government of the Nation to be HIGH TREASON with sundry other printed Authorities to prove That we have fundamentall Laws Liberties Rights and a fundamentall Government likewise which ought not to be innovated violated or subverted upon any pretences whatsoever by any power or prevailing Faction But to avoid prolixity the double Jury of irrefragable and punctuall Authorities already produced being sufficient to satisfie the most obstinate Opposites formerly contradicting it I shall onely adde three swaying Authorities more wherewith I shall conclude this point The first is a very late one in a Treatise intituled A true State of the Common wealth of England Scotland and Ireland and the Dominions thereunto belonging in Reference to the late established Government by a Lord Protector and a PARLIAMENT It being the Judgement of DIVERS PERSONS who throughout these late troubles have approved themselves faithfull to the Cause and interest of God and their COUNTRY presented to the Publick for the satisfaction of others Printed at London 1654. who relating the miscarriages of the last Assembly at Westminster use these expressions of them p 13 14 16 17 21 22. But on the contrary it so fell out in a short time that there appeared many in this Assembly of very contrary Principles to the interest aforesaid which led them violently on to attempt and promote many things the consequence whereof would have been A Subverting of the fundamentall Laws of the Land the Destruction of Property and an utter extinguishment of the Gospel In truth their Principles led them TO A PULLING DOWN ALL AND ESTABLISHING NOTHING So that instead of the expected settlement they were running ●ut into FURTHER ANARCHY and CONFUSION As to the Laws and Civil Rights of the Nation nothing would serve them but A TOTALL ERADICATION OF THE OLD and INTRODUCTION OF A NEW and so the Good Old Laws of England the Guardians of our Lives and Fortunes established with prudence and confirmed by the experience of many Ages and Generations The Preservation whereof was a principall Ground of our late Quarrel with the King having been once abolished what could we have expected afterward but an inthroning of Arbitrary Power in the Seat of Judicature and an exposing of our Lives our Estates our Liberties and all that is dear unto us as a Sacrifice to the boundlesse Appetite of Meer Will and Power c. Things being at this Passe and the House through these proceedings perfectly disjointed it was in vain to look for a settlement of this Nation from them thus constituted on the contrary nothing else could be expected But that the Common-wealth should sink under their Hands and the great cause hitherto so happily upheld and maintained to be for ever lost through their preposterous management of these affairs wherewith they had been intrusted Whereupon they justifie their dissolution and turning them forcibly out of doores by the Souldiers with shame and infamy to prevent that destruction which thereby was coming on THE WHOLE LAND but this New Powder Treason Plot set on foot by the Jesuites and Anabaptists to destroy our Laws Liberties properties Ministers and Religion it self at one blow and that in the very Parliament House where they had been constantly defended vindicated preserved established in all former ages by all true English Parliaments The second is a See my Speech in Parliament p. 100. to 108. The Votes of the House of Commons concerning a Paper presented to them entituled An agreement of the people for a firm and present peace upon grounds of Common Right 9. November 1647. viz. Resolved upon the Question That the matters contained in these Papers Are destructive to the being of Parliaments and to the Fundamentall Government of this Kingdome Resolved c. That a Letter be sent to the Generall and those Papers inclosed together with the Vote of this House upon them And that he be desired to examine the proceedings of this businesse in the Army where it was first coined and return an Accompt hereof to this House These Votes were seconded soon after with these ensuing votes entred in the Commons Journall and printed by their special Order 23. November 1647. A Petition directed to the Supream Authority of England the Commons in Parliament assembled The humble petition of many Free born people of England c. was read the first and second time Resolved upon the Question that this petition is A sedititious and contemptuous avowing and prosecution of a former petition and paper annexed stiled an agreement of the people formerly adjudged by this House to be Destructive to the being of Parliaments and Fundamentall Government of the Kingdome Resolved c. That Thomas Prince Cheesemonger and Samuel Chidley be forthwith committed prisoners to the Prison of the Gatehouse there to remain prisoners during the pleasure of this House for a Seditious avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly Ajudged by this House to be destructive to the being of Parliamen's and fundamentall Government of the Kingdome Resolved c. That Jeremy Jues Thomas Taylor and William Larnar be forthwith committed to the Prison of Newgate there to remain Prisoners during the pleasure of this House for a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agrement of the people formerly adjudged by this House to be destructive to the being of Parliaments and Fundamentall Government of this Kingdome Resolved c. That a Letter be prepared and sent to the Generall taking notice of his proceeding in the execution according to the Rules of Warre of a mutinous person avowing and prosecuting this agreement in the Army contrary to these Votes at the Rendezvouz near Ware and to give him thanks for it and to desire him to prosecute that Businesse to the bottome and to bring Such guilty persons as he shall think fit to condigne and exemplary Punishment Resolved c.