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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	king_n	power_n	regal_a	3,088	5	11.3071	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56162	The first and second part of A seasonable, legal, and historicall vindication and chronological collection of the good old fundamentall liberties, franchises, rights, laws of all English freemen ... wherein is irrefragably evinced by Parliamentary records, proofs, presidents, that we have such fundamentall liberties, franchises, rights, laws ... : collected, recommended to the whole English nation, as the best legacy he can leave them / by William Prynne of Swainswick, Esquire.; Seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all English freemen. Part 1-2	Prynne, William, 1600-1669.	1655 (1655)	Wing P3954; ESTC R19429	161,045	206

PREJVDICIAL TO THE REALM and VERY BVRDENSOME TO THE PEOPLE and specially TO GRANT TO THE SAID KING A SUBSIDY FOR CERTAIN YEARS TO THE OPPRESSING OF His People overmuch That although the Lands and Tenements Goods and Chattels of every Freeman by the Laws of the Realm used in all former ages past ought not to be seized unless they had forfeited Yet notwithstanding the said King purposing endeavouring to enervate these Laws in the presence of very many of the Lords and Commons of this Realm frequently said and affirmed That the Life Lands Tenements Goods and Chattles of every one of his Subjects are at his will and pleasure without any Forfeiture by the known Laws which is altogether contrary to the Laws customs of the Realm aforesaid Whether all these high Misdemeanors charged against King Richard have not been revived and acted over and over both by words and deeds in a farre higher degree than ever he was guilty of them by some late present Whitehall Grandees Army-Officers New Instrument-makers Legitors and Imposers of Excises Customs Imposts Tonnage Poundage Contributions for many years yet to come and of that constant Annual Revenue projected intended by them in their 27 Article I remit to their own judgements consciences and our whole Kingdom to resolve and what they demerit for such extravagant high offences for which he lost Crown and Regal power let others determine The 3. particular is their late incumbent Imposition of 6. Moneths new Contribution by a meer Self-enacted Whitchall Jurisdiction without any consent grant in or by the People in Parliament by that they intitle An Ordinance of the 8. of ●une 1654. beginning thus in a most imperial Stile transcending all former Acts of Parliament granting or imposing any Subsidies without any Prologue to sweeten it or court the people to its ready payment Be it Ordained and Enacted by his Highness the Lord Protector with the consent of his Council and it is hereby Ordained That towards the maintenance of the Armies and Navies of this Commonwealth An Assessement of one Hundred and Twenty Thousand Pounds per Mensem for Three Monethe commencing the 24 of Iune 1654 and ending the 29 of Sept. following shall be Taxed Levied Collected and Paid in England and Wales in such sort as is hereafter expressed The full sum of the said Three Months Assessment of One hundred and twenty thousand pounds by the Month to be at once wholly collected and paid in to the Receivers Generall at or before the tenth day of October next c. The Levying thereof upon the refusers hath been by distress of Goods by Souldiers Troopers and quartering them on the refusers till payment and double the value many times paid to and exacted by the Souldiers for their pains adjudged even by some of our New Grandees Votes who prescribe such Taxes and wayes of levying them to be No less then High Treason and levying Warre in Straffords case for which principally he was condemned and lost his head on Tower Hill as a Traytor In this New Whitehall Tax without a Parliament intended as a leading President to bind the whole Nation in perpetuity if now submitted to as the 27 Article intimates there is a double violation subversion of the Fundamental Laws and Properties of the Nation in the Highest degree The first is by the reviving imposing of Ship-mony on the whole Realm and all Inland Counties as well as Maritine for the Maintenance of the Navies by Sea which should be maintained only by the Customs and that in a farre higher proportion than the Shipmony imposed by Writs by our late beheaded King amounting to no less than Forty thousand pounds per Mensem at last by way of Contribution alone besides the Customs Tonnage Poundage and Excise paid towards it This Imposition of Shipmony by the late King though ratified with the advise and consent of his Council many colourable Presidents Records in all former ages and the precedent Resolution of all his Iudges under their hands as just and legally imposed in case of Necessity and Publike danger only without consent in Parliament together with the Iudgement and Proceedings of the Iudges in the Eschequer Chamber in justification thereof were in the last Parliament after solemne debate by the Votes and Iudgements of both Houses on the 20. Ian. and 26 February resolved Nemine contradicent● To be contrary to the Laws and Statutes of this Realm contrary to the Rights and Properties of the Subjects of this Realm contrary to former Iudgements in Parliament contrary to the great Charter and to the Petition of Right and voted to be so declared by the Iudges at the Assizes in the severall Counties the same to be entred and inrolled in the severall Counties by the Clerks of the Assises After which it was for ever damned by a special Act of Parliament to which the King himself gave his Royal assent afterwards cited and enforced by both Houses Exact Collection p. 886. 887. in the case of the Array And those Iudges who argued That the King might lawfully impose Shipmony on the Subjects without a Parliament in cases of Danger and Necessity of which they affirmed him to be the sole Iudge were by all impeached by the House of Commons of High Treason for these Opinions of theirs whereby they trayterously and wickedly endeavoured to subvert The Fundamental Laws and established Government of the Realm of England and instead thereof to set up an Arbitrary and Tyrannical Government against Law of which at large before How any present Powers or Persons then can either impose justify levy enforce it upon any Pretext of Necessity or publique Danger on the whole Nation after all these late Resolutions Iudgements Votes Impeachments and a special Act of Parliament so fresh in memory especially such who were parties to them without incurring the self-same Impeachments and guilt as these Ship-mony Iudges did or a severer Censure then they sustained let their own Conscsences and those who may on● day prove their Iudges resolve them at leasure being past my skill to doe it The 2. is By the imposing of a direct heavy Tax Tallage and Monthly contr●bution and that only for the Maintenance of such a Land Army which hath offered force unto the Members of both Houses subverted destroyed that Parliament Government Laws Libertie for whose preservation they were specially raised Commissioned engaged without yea against the Peoples assent in Parliament which no King of England with the advice and consent of his Council had ever any Right or Power to doe or audacity enough to attempt no not William the Conqueror C●nute Henry the 4th Edward the 4th or Henry the 7th who came principally by power of the Sword to their Soveraign Regall Authorities By what Justice Power Legal Right any other person or persons whatsoever who are neither rightfull Kings nor Parliaments of England in their own or others repute can either impose levy exact such

to violate we shall appeal to the judgement of any indifferent man how little truth is contained in this their assertion or in the Army Officers printed Papers to the same effect The Parliament is to be considered in three severall respects First As a Councell to advise Secondly As a Court to judge 3. As it is the body representative of the whole Kingdom to make repeal or alter Laws and whether the Parliament hath enjoyed its priviledges in any of these respects under the Army-Officers and powers as well as late King let any that hath eyes open judge For the first We dare appeal even to the Consciences of the Contrivers themselves and to the consciences of the Army-Officers Souldiers and Whitehall men themselves whether matters of the highest importance witness all the publick proceedings against the late Parliament King Peers Government the Warrs with Scotland Holland their new Magna Ch●rta repealing the old Entituled The Government of the Commonwealth of England Scotland and Ireland wherein they take upon them such an Omnipotent Soveraign power as To pass a decree upon the wavering humors of the people and to say to this Nation yea to Scotland and Ireland too As the Almighty himself said once to the unruly Sea Here shall be thy bounds hitherto shalt thou come and no further as some of them most arrogantly if not blasphemously publish in print to all the world in their True State of the Case of the Commonwealth p. 34. Their making of new binding Laws and Ordinances repealing old Laws and Statutes in and by pretext of this Instrument out of Parliament as their manifold Whitehall Folio new Edicts amounting to near 700 pages attest have not been agitated and determined in and by the Army-Officers General Councel and other unparliamentary Juncto's not only without but contrary to their Advice and Votes too and whether private unknown Councels in the Army Whitehall and elswhere yea the private Councels Plots conspiracies of Iesuits of Forraign Popish and Spanish Agents have not been hearkned unto approved and followed when the Faithful and wholsom advice of the great Counsel hath been scorned neglected by the Army Officers and their Confederates And yet none can deny but it is one of the Principle ends why a Parliament is called To Consult the great Affairs of the Church and State And what miserable effects and sad events this neglect of the great Councel and preferring of unknown and private Councels before it hath produced let the present Distractions of this Kingdom bear witnesse with all the bloody unchristian Wars Taxes Oppressions Distractions since the Armies force upon the King Members Houses Anno 1647. and 1648. to this present time Concerning the Second it sufficiently appears by the making the Kings Court by the Force and Power of the Kings Army the Sanctuary and refuge of All sorts of Delinquents against the Parliament and Kingdom and protecting and defending them from the Justice thereof and by admitting such to bear places of great trust in the Army and to stand in defiance of the Parliament and the Authority thereof and is it not a far greater crime to make the Parliaments Army it self a Delinquent against the Parliament and Kingdom the sanctuary of such Delinquents against both and to continue such Officers in places of greatest trust in the Army who have levied actual war against the Parliament secluded secured members of Parliament kept divers years under their armed guards in defiance of the Parliament without any particular Charge or Impeachment refusing to release them even when the Serjeant was sent at first from the House it self to demand the Members seised By all which it is apparent how our Privledges have been torn from us by piece-meals from time to time And we might mention many passages whereby they were endeavoured to be pulled up by the root and totally subverted As the attempt to bring up the late Army from the North to force Conditions upon the Parliament His Majesties Letters and Commands to the Members of both Houses which found obedience in a great many to attend him at York and so By depriving the Parliament of their Members destroy the whole Body And was not the actual twice bringing up of the Parliaments own Army by the Army Officers against the Parliament it self to impeach secure some principal Members of both Houses seclude the Majority of the Commons House suppress the whole House of Lords break off the Treaty behead the King the Head of the Parliament against the Parliaments Votes alter the Government force conditions on the Parliament it self to omit the 12 21 24 32 37 38 39 Articles of their New Government with the secluding of all the Members lately admitted by Armed Souldiers till they took a New Engagement and keeping out all others a taking of the Privileges of the Parliament from them all by Whole-sale and a more desperate pulling up by the Roots and total subversion of all the Priviledges and whole Body of the Parliament than this objected against the Northern Army or the Kings Jesuitical ill Councel Which is enough to prove the vanity of the Contrivers of that Declaration and of the Army Officers too to feed themselves with hope of belief That the Priviledges of Parliament are not Violated but intended to be preserved with all due observance Concerning the Allegation That the Army raised by the Parliament is to murder the KING oft alledged by the King and his Party in many printed PROCLAMATIONS Declarations before and after this here mentioned We hoped the Contrivers of that Declaration or any that professed but the name of a Christian could not have so little charity as to raise such a SCANDAL especially when they must needs know the Protestation taken by every Member of both Houses and Army Officers too whereby they promise in the presence of Almighty God TO DEFEND HIS MAJESTIES PERSON The Promise and Protestation made by the Members of both Houses upon the nomination of the Earl of Essex to be General and to live and die with him wherein is expressed THAT THIS ARMY WAS RAISED FOR DEFENCE OF THE KINGS PERSON Our oft earnest and most humble Address to his Majesty to leave that desperate and dangerous Army c. A request inconsistent with any purpose to offer the least violence to His Person which hath and ever shall be dear unto us And concerning the imputation laid to our Charge of Raising this Army to Alter the whole Frame of Government and Established Laws of the Land which the King and his party frequently objected in print we shall need give no other Answer but this That the Army Raised by the Parliament is to no other end but for the Preservation of his Majesties Person to Defend themselves the Laws of the Land and the true Protestant Religion After which they there and elswhere conclude And by this time we doubt not but every man doth plainly discern through

who have suffered acted and stood up most for their Common Liberties Rights Freedoms Religion against all invading Tyrant● to their great discouragement and betraying not pitch upon any Subject more proper for me either as a common Lawyer or as a constant Advocate and Sufferer for the publike Cause and Liberties of the Nation as well under our late extravagant Free State as former Regal and Episcopal arbitrary Tyranny than in this juncture of our publike affairs to present our whole distracted unsetled Kingdome with A Legal and Historical Vindication and Chronological Collection in all ages of these Ancient Hereditary liberties Franchises Rights and all those National Parliamentall legal and Martial Contests Laws Charters Records Monuments of former and late times for their Confirmation and inviolable observation which our Ancestors and our selves have alwaies hitherto reputed Fundamental unalterable and inviolable upon any pretext and have most eagerly contended for with the Prodigal expence of many millions of treasure and whole Oceans of gallant Christian English blood And if upon the serious perusall of them the universality of our degenerated Nation after their many solemn Protestations Vows Leagues Covenants Remonstrances inviolably to defend and maintain them shall still so undervalue them now at last as most actually have done as not to esteem them worth the owning maintaining vindicating or perpetuating any longer thereby draw upon their heads the reall guilt of all those bloody Wars Murders Tumults Violences Rapines Oppressions Sins Mischiefs illegal Taxes Excises Exorbitancies which their many late years pretended necessary defence and preservation have brought upon our three whol Nations let them henceforth like so many dastardly conquered bondslaves bored through the ears publikely disavow disclaim renounce abjure them for themselves and their posterities for ever as meer worthlesse toyes or pernicious inventions fit onely to kindle perpetual wars and discords between King and People head and members superiours and inferiours or as poor slender Cobwebs as now they prove able to hold none within compasse but the very weakest Flies broken thorow with ease and impunity by every greater Fly or armed Waspe creeping up into any Power or Supream Authority by right or wrong and swept down to the very ground by every new Broom in the hand of vpstart Innovators But if upon saddest deliberation they shall really estimate them to be such incompatable rich precious Jewels and ancient Inheritances as are every way worth the infinite Treasures Wars Blood Cares Consultations Troubles heretofore and of late years expended both to gain retain confirm and perpetuate them to them and their Posterities for ever as their principal earthly security and beatitude I hope they will all then unanimously conclude with the Poet Non minor est virtus quàm quaerere PARTA TVERI And both by their Votes and Actions return the self-same peremptory magnanimous answer to any Caesar Conqueror Potentate power or Combination of men whatsoever who shall endeavour by force fraud or flattery to compell or perswade them to sell resign betray or give up these their Ancestrall Priviledges Inheritances Birth-rights to them as Naboth once did to King Ahab 1 Kings 21. 3. The Lord forbid it us that we should give sell or betray the INHERITANCE OF OVR FATHERS and our Posterities likewise unto thee or you though they should suffer for this Answer and Refusall as much as Naboth did from bloody Ahab and Jezebel But whatever low price or estimate this spurious stupid sordid slavish age may set upon these richest Pearls yet for my own particular upon serious consideration of these Chronological Collections and the Solemn Oaths Protestations Vows League and Covenant obliging me to defend them to the uttermost I value the whole Nations publike and my own with my cordial friends private interest in them at so high a rate that I would rather chearfully part with ten thousand lives and all the treasures of the Nation Indies were I owner of them then wittingly negligently or unworthily sell betray or resign them up to any mortals or powers whatsoever upon any pretences or Conditions after all my former Publications Contests Sufferings Losses c. for their just defence And to the end al others might now take special notice of the inestimable value our Ancestors in all ages have set upon them and what successive wars conflicts they have chearfully undertaken for their preservation I have at vacant hours compiled this ensuing Vindication and Collection of the old Fundamental liberties franchises laws of all English freemen which I shall bequeath to my most beloved Native Country in general and every reall Heroick Patron of them in particular as the best Legacy I can leave behinde me both for their present and future Enfranchisment Immunity security from all Arbitrary Tyranny Slavery and yokes of Bondage under which they have a long time languished and lamented in the bitterness of their spirits The Method I resolve herein to pursue is this 1. I shall produce some punctuall Authorities of moment to evidence That the Kingdome and Freemen of England have some ancient Hereditary just Rights Liberties Priviledges Franchises Laws and Customs properly called FVNDAMENTAL and likewise a Fundamental Government no wayes to be altered undermined subverted directly or indirectly to the publique prejudice under pain of highest Treason in those who shall attempt it especially by fraud force or armed power 2. I shall in brief Propositions present you with the chiefest and most considerable of them which our Ancestors in former ages and our latest real Parliaments have resolved to be and eargerly contended for as FUNDAMENTAL essentiall to their being and well-being as a Free People Kingdome Republique unwilling to be enslaved under any Yokes of Tyranny any arbitrary 〈◊〉 positions or Powers whatsoever Then give you a briefe touch of their severall late unparalelld violations both by the Edicts and Actions of usurping Powers 3. I shall in a Chronological way tender you a large Historical Catalogue of National Parliamental civill and military Contests Votes Declarations ●emonstrances Oathes Vows Protestations Covenants Engagements Excommunications Confirmations Evidences Statutes Charters Writs Records Judgments and Authorities in all ages undeniably evidencing declaring vindicating establishing perpetuating these Fundamental Hereditary Rights Liberties Priviledges Franchises Customs Laws and abundantly manifesting the extraordinary care industry zeal courage wisdome vigilancy of our Ancestours to defend preserve and perpetuate them to posterity without the least violation or diminution 4. I shall vindicate the excellency indifferency and leg●lity of trying all Malefactors whatsoever by Juries of their ●eers upon legal Processe and Indictments and manifest the illegallity injustice partiality dangerous consequences of admitting or introducing any other form of Trials by New Arbitrary Martiall Commissions or Courts of High Justice or rather injustice inconsistent with and destructive to the Fundamental Rights Liberties Priviledges Laws Franchises of the English Nation and of most dangerous President to Posterity being set up by the

to settle Religion in the purity thereof TO MAINTAIN THE ANCIENT and FUNDAMENTALL GOVERNMENT OF THIS KINGDOME TO PRESERVE THE RIGHTS and LIBERTIES OF THE SUBJECT to lay hold on the first opportunity of procuring a safe and well grounded peace in the three Kingdoms and to keep a good understanding between the two Kingdomes of England and Scotland according to the grounds expressed in the Solemn League and Covenant And lest these generals should not give a sufficient satisfaction we have thought fit to the end men might no longer be abused in a misbelief of our intentions or a misunderstanding of our actions to make a further enlargement upon the particulars And first Concerning Church-Government c. because we cannot consent to the granting of an Arbitrary and unlicensed Power and Jurisdiction to neer ten thousand Judicatories to be erected within this Kingdome and this demanded in such a way as is not consistent with the FVNDAMENTAL LAWS and GOVERNMENT OF THE SAME c. Our full resolutions still are sincerely really and constantly to endeavour the Reformation of Religion in the Kingdome of England and Ireland in Doctrine Worship and Government according to the word of God and the example of the best Reformed Churches and according to the Covenant WE ARE SO FARRE FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOME BY KING LORDS and COMMONS that we have onely desired that with the consent of the King such Power may be settled in the TWO HOVSES without which we can have no assurance but that the like or greater mischiefs than those which God hath hither to dilivered us from may break out again and engage us in a second and more destructive war whereby it plainly appears Our intentions are not to change the Antient Frame of Government within this Kingdome but to obtain the end of the Primitive Institution of all Government The safety and weal of the People not judging it wise or safe after so bitter experience of the bloody consequence of a pretended Power of the Militia in the King to leave any colourable authority in the same for the future attempts of introducing AN ARBITRARY GOVERNMENT OVER THIS NATION We do declare That we will not nor any by colour of any Authority derived from us shall interrupt the ordinary course of Justice in the severall Courts of Judicatories of this Kingdome nor intermeddle in the cases of private interest other where determinable unlesse it be in case of male-Administration of Justice wherein we shall see and provide that Right be done and punishment inflicted as there shall be occasion ACCORDING TO THE LAWS OF THE KINGDOME Lastly Whereas both Nations have entred into a Solemn League and Covenant we have and EVER SHALL BE VERY CAREFULL DULY TO OBSERVE THE SAME that as nothing hath been done SO NOTHING SHALL BE DONE BY US REPUGNANT TO THE TRUE MEANING AND INTENTION THEREOF c. WHO WILL NOT DEPART FROM THOSE GROUNDS AND PRINCIPLES upon which it was framed and founded Though the generality of the afterwards secured and secluded Majority of the House of Commons endeavoured constantly to make good this Declaration in all particulars yet how desperatly the garbled Minority thereof continuing in power after their Seclusion prevaricated apostatized and falsified their Faith herein in every particle in the highest degree we cannot but with greatest grief of heart and detestation remember to the subversion ruine of our King Lords Commons Kingdome Parliaments Fundamentall Laws Government and the peoples Liberties c. almost beyond all hopes of restitution or reparation in humane probability without a miracle from heaven The Lord give them grace most seriously to consider repent of and really sincerely reform it now at last and to make it the principle subject of their prescribed publike Humiliations Fasts and Lamentations as God himself prescribes Isa 58. 5 6 7 8. Jer. 34. 8. to 22. Ezech. 19. 1. 14. Hos 10. 3 4. and not still to adde drunkennesse to thirst lest they bring them to temporall and eternal condemnation for it in Gods own due time and engender endlesse Wars Troubles Taxes Changes Confusions in our Kingdomes as they have hitherto done and will do till all be restored to their just Rights Powers Places Possessions and Liberties By this full Jury of Parliamentary Authorities to omit many others of like or inferiour nature and lesse moment it is undeniable That the people of England have both ancient Fundamentall Rights Liberties Franchises Laws and a Fundamental Government which like the Laws of the Medes and Persians neither may nor ought to be altered or innovated upon any pretence but perpetually maintained defended with greatest care vigilancy resolution and he who shall deny or oppugn it deser●●s no refulation by further arguments since it is a received Maxime in all Arts Contra Principia negantem non est disputandum but rather demerits a sentence of Condemnation and publike execution at Tyburn as a Common Enemy Traitor to our Laws Liberties Nation it being no lesse than a transcendent crime and High Treason by our Laws for any person or persons secretly or openly to attempt the undermining or subversion of our fundamental laws rights Liberties Government especially by fraud treachery force or armed power and violence the later part of my first proposal which I shall now confirm by these twelve following Presidents and Evidences corroborating likewise the former part That we have such Fundamental laws liberties rights franchises and a fundamental Government too In the fifth year of King Richard the second the vulgar rabble of people and villains in Kent Essex Sussex Norfolk Cambridge-shire and other Counties under the Conduct of Wat Tyler Jack Straw and other Rebels assembling together in great multitudes occasioned at first by the new invented Tax of Poll-money granted by Parliament and the over-rigorous levying thereof on the people by the Kings Officers though nothing so grievous as our Excises Contributions new Imposts now so long exacted without any legal Grant in true free and full English Parliaments resolved by force and violence to abrogate the law of Villenage with all other laws they disliked formerly setled to burn all the Records kill and behead all the Judges Justices and men of law of all sorts which they could get into their hands to burn and destroy the Inns of Court as they did then the new Temple where the Apprentices of the law lodged burning their Monuments and Records of Law there found to alter the tenures of lands to devise new laws of their own by which the Subjects should be governed to change the ancient Hereditary Monarchicall Government of the Realm and to erect petty elective Tyrannies and Kingdomes to themselves in every shire A project eagerly prosecuted by some Anarchicall Anabaptists Jesuits Levellers very lately and though withall they intended to destroy the King at last and all the Nobles too when they had gotten sufficient power yet at first to

cloak their intentions 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

greatest pretenders to publike Liberty Law and the ●heifest inveighers against Arbitrary Regal Tyranny and Power which never publikely established such arbitrary illegal Tryals and new Butcheries of Christian English Freemen by any law and may fall to imitate them in future Ages by their example Each of these I intend to prosecute in distinct Chapters in their order CHAP. 1. 1. For the first of these That the Kingdome and Freemen of England have some ancient Hereditary Rights Liberties Priviledges Franchises Laws and Customs properly called FVNDAMENTAL and likewise a FVNDAMENTALL GOVERNMENT no wayes to be altered undermined subverted directly or indirectly under pain of High Treason in those who shall attempt it especially by fraud force or armed power I Shall confirm the first part of it by these ensuing punctual Authorities of moment against those traiterous late published Pamphlets which professedly deny it and endeavour a totall abrogation of all former Lawes to set up a New modell and Body of the law to rule us for the future according to their pleasures The first is the expresse words of the great Charters of the Liberties of England granted by King John Anno 1215. in the 16 year of his Reign Regranted and confirmed by King Henry the third in the 9 year of his Reign and sundry times afterwards and by King Edward the first in the 25 and 28 years of his reign Wherein these three Kings successively by their several grand Charters under their great Seals did grant give and confirm to all the Nobility is and ever shall be far from the thoughts and intents of all good Kings Governours and Parliament who bear a sincere care and affection to the Subjects of England to alter or innovate them 3. That by these ancient good Laws Priviledges and customs not only the Kings Regall Authority but the peoples Security of lands livings and priviledges both in general and particular are preserved and maintained 4. That by the abolishing or altering of them it is impossible but that present confusion will fall upon the whol state and frame of this Kingdom Which I wish all Innovators and New Modellers of our Lawes and Government would now at last lay seriously to heart and the whole Kingdome and English Nation sadly consider who have found it an experimental truth of late years and no imaginary seigned speculation 3. The third is The Remon●trance of the whole House of Commons in Parliament delivered in Writing to King James in the Parliament of 7. Jacobi Anno 1610. which begins thus To the Kings most Excellent Majesty Most Gracious Soveraign Whereas we your Majesties most humble Subjects the Commons assembled in Parliament having received first by Message and since by speech from your Majesty a Command of restraint from debating in Parliament your Majesties Right of imposing upon your Subjects Goods exported out of or imported into this Realm yet allowing us to examine the grievance of these Impositions in regard of quantity time and other circumstances of disproportion thereto incident We your humble Subjects nothing doubting but that your Majesty had no intent by that command to infring the ancient and fundamentall Rights of the Liberty of PARLIAMENT in point of exact discussing of all matters concerning them and their Possessions Goods and Rights whatsoever Which yet we cannot but conceive to be done in effect by this Command Do with all humble Duty make this Remonstr●nce to your Majesty First we hold it an Ancient general and undoubted Right of Parliament to debate freely all matters which do properly concern the Subject and his Right or Estate which freedome of debate being once fore-closed the essence of the Liberty of Parliament is withall dissolved c. Here the whole House of Commons in a speciall Remonstrance to King James printed and published by Order of a Committee of the House of Commons for licensing of Books dated 20 Maii 17. Caroli 1641. Declare resolve vindicate and maintain one principal ancient fundamentall general undoubed right of the Liberty of Parliament against the Kings intrenchment on it Of which should they be but once fore closed the Essence of the Liberty of Parliament is withall dissolved And peradventure it may not be unworthy the most serious disquisition of the next ensuing nominal or real Parliament to examine whether some clauses and restrictions in the 9. 12. 14. 16 17. 21. 22. 24 25. 27. 30. 32 33. 36 37 38 39 40. Articles or strings of the New Instrument intituled The Government of the Common-wealth of England Scotland and Ireland and the Dominions thereunto belonging as it was publikely declared at Westminster the 16. day of December 1653 c. do not as much nay far more intrench upon the ancient Fundamental General undoubted Rights and Liberty of Parliament and parliamentary free debates to the dissolution of the Essential liberty of all future Parliaments as this Command of King James did or as the Bishops late Canons imposed on the Clergy in and by the Convocation Anno 1640. ever did and this clause in their c. Oath then made now imitated by others who condemned it I. A. B. do swear that I will never give my consent to alter the Government of this Church by Arch-bishops Bishops Deans and Arch-Deacons c. as it stands now established and as by right it ought to stand Which clause and Oath imposed onely on the Clergy-men Resolved by the whole House of Commons and Peers too in Parliament without one dissenting voice December 16. 1640. to be a most dangerous illegal Oath contrary to the Rights and Priviledges of Parliament and to the Fundamental Laws and Statutes of the Realu● c. and of dangerous consequence the contriving whereof was objected to the late Archbishop of Caterbury in his original Articles of High Treason for which amongst other things he lost his head The fourth is the notable Petition of Grievances of the whole House of Commons in Parliament presented to King James in the seventh year of his Reign after their Vote against his Right to levy Impositions on goods imported or exported without assent and grant of Parliament in these ensuing words The Policy of this your Majesties Kingdomes appropriates unto the Kings of this Realm with assent of Parliament as well the Soveraign power of making Laws as that of taxing or imposing upon the Subjects Goods or Merchandises wherein they have justly such a property as may not without their consent be altered or changed this is the cause that the people of this Kingdome as they have ever shewed themselves faithfull and loving to their Kings and ready to aid them in all just occasions with voluntary contributions so have they been ever careful to preserve their own Liberties and Rights when any thing hath been done to prejudice or impeach the same And therefore when their Princes either occasioned by war or by their own bounty or by any other necessity have without consent of

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 STA●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 yee●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