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cause_n bear_v truth_n witness_n 3,073 5 8.6773 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A56196 Reasons assigned by William Prynne, &c. Prynne, William, 1600-1669. 1649 (1649) Wing P4049; ESTC R5258 44,280 58

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ever breathed by how much more under the pretence of friendship and brotherly kindness they have done all the mischeife they have done in destroying our Lawes and liberties there being no Treason like Judas his Treason who betrayed his Lord and Master with a kisse c. Seventhly He there asserts k That whosoever stoops to their new change of Government and Tyranny and supports it is as absolute a Traytor both by Law and Reason as ever was in the world If not against the King PRINCE CHARLES heir apparent to his Fathers Crown and Throne yet against the peoples Majesty and Soveraignty And if this be true as it is That this purg'd Parliament IS NO PARLIAMENT AT ALL then there is neither legal Judges nor Justices of Peace in England And if so then all those that are executed at Tiburne c. by their Sentence of condemnation are meerly murthered and the Judges and Justices that condemned them are liable in time to be hanged and that justly therefore for acting without a just and legal Commission either from TRVE REGAL OR TRVE PARLIAMENTARY POWER except in corporations only where they proceed by ancient Charters in the antient Legal form And if this be Law and l Gospel as no doubt it is then by the same reason not only all legal proceedings Indictments Judgments Verdicts writs Trials Fines Recoveries Recognisances and the like before any of our new created Judges and Justices since the Kings be heading in any Courts at Westminster or in their Circuits Assisses or quarter Sessions held by new Commissions with all Commissions and Proceedings of Sheriffs ate not only meerly void illegal coram non judice to all intents with all Bills Decrees and Proceedings in Chancery or the Rolls and all Judges Justices Sheriffs now acting and Lawyers practising before them in apparent danger of High-Treason both against King Kingdom they neithver taking the Oathes of Judges Supremacy or Allegiance as they ought by Law but only to be true and faithfull to the new erected State but likewise all votes and proceedings before the pretended House or any of their Committees or Sub-Committees in the Country with all their grants and Offices Moneys Salaries Sequestrations Sales of Lands or goods Compositions c. meer Nullities and illegal acts and the proceedings of all active Commissioners Assessors Collectors Treasurers c. and all other Officers imployed to leavy and to collect this illegal tax to support that usurped Parliamentary Authority and Army which have beheaded the late King dis-inherited his undoubted Heire levyed war against and dissolved the late Houses of Parliament subverted the ancient Government of this Realm the Constitution and Liberties of our Parliaments the Lawes of the Kingdom with the liberty and property of the people of England no less then High Treason in all these respects as is fully proved by Sir Edward Cook in his 3. Institutes ch. 1.2 and by Mr. St. John in his Argument at Law at the attainder of the Earl of Strafford both published by the late Commons House Order which I desire all who are thus imployed to consider especially such Commissioners who take upon them to administer a new unlawful Ex Officio Oath to any to survey their Neighbours and their own estates in every parish and return the true values thereof to them upon the new prov'd rate for the 3 last months contribution and to fine those who refuse to do it a meer diabolical invention to multiply perjuries to damne mens souls invented by Cardinal Woolsy much inveighed against by Father Latymer in his Sermons condemned by the expresse words of the Petition of Right providing against such Oahes and a snare to enthrall the wealthier sort of people by discovering their estates to subject them to what future Taxes they think fit when as the whole House of Commons in no age had any power to administer an Oath in any case whatsoever much less then to conferr any authority on others to give such illegal Oathes and fine those who refuse them the highest kinde of Arbitrary Tyranny both over mens Consciences Properties Liberties to which those who voluntarily submit deserve not only the name of Traytors to their Country but to be m boared through the ear and they and their posterities to be made Slaves for ever to these new Tax-masters and their Successors and those who are any ways active in imposing or administring such Oathes and levying illegal Taxes by distress or otherwise may and will undoubtedly smart for it at last not only by Actions of Trespasse false imprisonment Accompt c. brought against them at the Common Law when there wil be no Committee of Indemnity to protect them from such suits but likewise by inditements of High Treason to the deserved loss of their Estates Lives and ruin of their families when there will be no Parliament of purged Commoners nor Army to secure nor legal plea to acquit them from the guilt and punishment of Traytors both to their King and Country pretended present sordid fears of loss of Liberty Estate or the like being no n excuse in such a case and time as this but an higher aggravation of their crime the o FEARFUL being the first in that dismall List of Malefactors who shall have part in the lake which burneth with fire and brimstone which is the second death even by Christs own sentence John 18. vers. 38. To this end was I born and for this cause came I into the world that I should bear witnesse unto the truth FINIS Objection IF any object that true it is the Parliament by the Common Law and custome of the Realm determines by the Kings death but by the Statute of 17. Caroli which ena●ts That this present Parliament now assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose continues this Parliament stil in being notwithstanding the Kings beheading since no Act of Parliament is passed for its dissolution The only pretext for to support the continuance of the Parliament since the Kings violent death To this I Answer that it is a Maxime in Law That every Statue ought to be expounded according to the intent of those that made it and the mischiefs it intended only to prevent as is resolved in 4. Ed. 4.12 12. Ed. 4.18 1. Hen. 7.12.13 Plowd Com. f. 369. and Cooks 4. Instit. p. 329.330 Now the intent of the Makers of this act and the end of enacting it was not to prevent the dissolution of this Parliament by the Kings death no ways intimated or insinuated in any clause thereof being a clear unavoidable dissolution of it to all intents not provided for by this Law but by any writ or Proclamation of the King by his Regal power without consent of both Houses which I shall manifest by these ensuing reasons First from the principal occasion of making this act The King as the Commons in their *