Kingdome are firmly established So William Watson a Secular Priest chargeth Father Parsons the English Jesuite and his Jesuited companions in their Memorial for Reformation of England when it should be reduced under the power of the Jesuites as Parsons was confident it would be though he should not live to see it written at Sevil in Spain Anno Dom. 1590. that they intended to have Magna Charta with our Common Fundamental Laws and Liberties abrogated and suppressed thus expressed by William Watson in his Quodlibets pag. 92 94 95. Father Parsons and the Jesuites in their deep Jesuitical Court of Parliament begun at Styx in Phlegeton have compiled their Acts in a compleat Volume intituled THE HIGH COVRT OF REFORMATION FOR ENGLAND And to give you a taste of their intent by that base Court of A TRIBE of TRAITORS sawcily like to Gade Jack Straw and Tom Tiler VSVRPING the AVTHORITY of both STATES ECCLESIASTICAL and TEMPORALL in all their REBELLIOVS ENTERPRICES these were principall points discussed set down and so decreed by them c. He first mentions three of them relating to Church-men Scholars and Church and Colledge-Lands which were to be put in Fee offâ—â—s hands and they all to be reduced unto Arbitrary Pensions c. And then proceeds thus to the Fourth The fourth Statute was there made concerning the COMMON LAWS of this LAND and that consisted of this one principal point That ALL THE GREAT CHARTERS of ENGLAND MUST BE BURNT the manner of holding Lands in Fee simple Fee tail Kings service Soccage or Villanage brought into villany scoggâ—â—y and popularity and in few the Common Law must be wholy annihillated abolished and troden down under foot and Caesars civill Imperials brought amongst us and sway for a time in their places All whatsoever England yeelds being but base barbarous and void of all sence knowledge or discretion shewed in the first Founders and Legifers and on the other side all whatsoever is or shal be brought in by these out-casts of Moses stain of Solon and refuse of Lycurgus must be reputed for metaphysical seme-divine and of more excellency than the other were Which he thus seconds Quodlibet 9. Article 2. p. 286. First it is plain that Father Parsons and his Company divide it amongst them how they list have laid a plot as being most consonant and fitting for their other Designments That the Common Laws of the Realm of England must be forsooth either abolished utterly or else bear no greater sway in the Realm than the Civil Law doth And the chief reason is for that the State of the Crown and Kingdome by the Common Laws is so strongly settled as whilest they continue the Jesuites see not how they can work their wills And on the other side in the Civil laws they think they have some shreds whereby they may patch a cloak together to cover a bloody shew of their Treasons for the present from the eys of the Vulgar people Secondly the said good Father hath set down a course how every man may shake off all authority at their pleasures as if he would become a new Anabaptist or King John of Leydon to draw all the world into Mutiny â—ebellion and Combustion And the Stratagem is how the Common people may be inveigled seduced to conceit to themselves such a liberty or prerogative as that it may be lawfull for them when they think meet to place and displace Kings and Princes as men do their Tenants at will hirelings or ordinary Servants Which Anabaptistical and abominable Doctrine proceeding from a turbulâ—nt tribe of Traiterous Puritanâ—s and other Hereticks this treacherous Jesuite would now foist into the Catholick Church as a ground of his corrupt Divinity And p. 330 332. He intends to alter and change all Laws Customs and Orders of this Noble Isle He hath prejudiced the law of Property in instituting Government Governours and Hereditary Princes to be BENEPLACITVM POPVLI and all other private possessions ad bene-placitum sui c Whether any such new deep Jesuitical Court of Parliament and high Court of Reformation for England to carry on this old Design of the Jesuites against our Laws hath been of late years sitting amongst us in or neer Westminster or elswhere in secret Counsel every week as divers intelligent Protestants have informed me and Hugh Peters reported to divers on his own knowledge being well acquainted with their Persons and practises of late years it concerns others neerer to them and more able then I to examine Sure I am a greater man by far then Hugh Peters in an Assembly of Divines and others for reconciling all dissenting parties not long since averred to them on his own knowledge That during our late innovations distractions subversions in Church State and overturning of Laws and Government the common adversary hath taken many advantages to effect his designes thereby in civill and spiritual respects That he knew very well that Emissaries of the Jesuites never came over in those swarms as they have done since these things were on foot That DIVERS GENTLEMNE CAN BEAR WITNES WITH HIM that they had a CONSISTORY AND COUNCEL ABROAD THAT RULES ALL THE AFFAIRS OF THE THINGS IN ENGLAND That they had fixed in England in the limits of most Cathedrals of which he was able to produce the PARTICULAR INSTRUMENT an Episcopal power with Archdeacons and other persons to pervert seduce and deceive the people And all this whiles we were in this sad and deplorable distracted condition Yea most certain it is that many hundreds if not some thousands of them within these few years have been sent over from Forraign Seminaries into England under the disguises of converted Jews Physitians Chyrurgions Mechanicks of all sorts Merchants Factors Travellers Souldiers and some of them particularly into the Army as appears by the late printed Examination of Ramsey the Anabaptized New-dipped Jesuite under the mask of a Jewish Convert taken at New Castle in June 1653. and by sundry severall late instances I could name To pretermit all instances of diverse particular Jesuites come over into England not only within these few years but moneths discovered by persons of credit with Sir Kenelm Digby who though the son of one of the executed old popish Gunpowder Traitors a dangerous active seducing Jesuited papist if not a professed Jesuit who in the years 1638 and 1639. conspired with the Popes Nuncio and a Conclave of Jesuites sitting in Council at London to subvert our Religion introduce a universall tolleration of the popish Religion in our kingomes new modle and shake our former established government and to poyson destroy the late King himself in case he consented not to them therein and for this very purpose both plotted raised promoted the first Wars between the Protestants of England and Scotland which he abetted all he could by his letters and secret Collections of moneys from all the Papists throughout England and elswhere who
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
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
as he shall depute or by his command shall be deputed to keep the peace within the said places and also except the Kings servants according to the Statute of Northampton And it is not the intention of our Lord the King that any Earl or Baron may not have his Lance brought to him in any place but onely in the Kings presence and in the place of Councell The like Proclamations were made in the beginning of the Parliaments of 9. 1â— 17 18. 20 25 â—dw 3. and sundry others more necessary to be revived in all succeeding English Parliaments now than ever heretofore since the unpresidented forces upon the late Members of both Houses and the Parliament it self by the Army-Officers and Souldiers raised to defend them from Violence The Treasonablenesse and Transcendency whereof being at large related in my Epistle to the Reader before my Speech in Parliament 4 December 1648 I shall not here criminally presse nor insist on but referred them thereunto However for the future security and freedome of our Parliaments from violence I must crave liberty to inform these Army Parliament drivers forcers dissolvers habituated to this trade That if the late Kings march to the House of Commons accompanied only with some of his Pensioners and others armed with Pistols and Swords meerly to demand but five Members thereof to be delivered up to Justice particularly impeached by him of High Treason some dayes before to wit That they had traiterously endeavoured to subvert the Fundamental Laws and Government of this Kingdome To deprive the King of his Royal power To place over the Subjects an Arbitrary and Tyrannical power To subvert the very Rights and being of Parliaments and by force and terrour to compell the Parliament to joyn with them in their designs for which end they had actually raised and countenanced Tumults against the King and Parliament Or if the Kings bare tampering with some Officers of his own Northern Army to draw a Petition from them to the Houses or march towards London from their quarters not to seise upon force or dissolve the Parliament or its Members but only to over-aw them and impeach the freedom of their debates Votes touching Episcopacy Church-Government and the Kings Revenues were such high transcendent violations of the Priviledges and Freedome of Parliament and unsufferable injuries as both Houses of Parliament separately and joyntly proclaimed them to all the world in severall Declarations during his life Or such capitall crimes as those who condemned and executed him for a Traytor and Tyrant have published in their Declaration of 17 March 1648. touching the grounds of their proceedings against him and setling the Government in the way of a Free State without King or House of Lords since his beheading in these very words But ABOVE ALL the English army was laboured by the King to be engaged against the English Parliament a thing of that strange in piety and unnaturalness for the King of England that nothing can answer it but his being a Forraigner neither could it have easily purchased belief but by his succeeding visible actions in full pursuance of the same as the Kings comming in Person to the House of Commons to seise the five Members whither he was followed with some hundreds of unworthy debauched persons armed with swords and pistols and other arms and they attending him at the door of the House ready to execute what the Leader should command them Which they charged against the King as the highest of his unparralleld Offences for which they appeal to all the world of indifferent men to judge whether they had not sufficient cause to bring him to Justice Though neither he nor his followers then seized secured secluded injured any one Member when they thus went to the Commons House Yea presently retracted his Impeachment and offered all satisfaction that should be desired by the House for this breach of Privilege and though neither the Northern Army nor their Officers ever advanced towards or offered the least violence to the Houses or their priviledges by Petition or otherwise Then certainly the Parliaments own Armies Officers Counsels manifold high printed Declarations of June 14. 23. July 7. Aug. 18. 1647. Nov. 16. Decemb 7. 1648. and others before and since their professed open Oppositions Impeachments against the very Proceedings Votes Orders Ordinances Members of both Houses of Parliament which first raised them principally for their defence Printed by their order in their Book of Declarations The History of Independency and my Speech in Parliament their Impeachment of eleven Members of the House of Commons and sundry Lords at once their securing of above 40 and secluding of above five parts of six of the whole House of Commons at once their avowed marches with the whole Body of the Army in Baâ—talia severall times to force the Houses seise their Members over-aw affright dis-member dissolve the Parliament it self and their own new erected Junctoes since and justification of it to all the world in print in their humble Answer touching the secured and secluded Members Jan. 3. 1648. The true state of the case of the Commonwealth of England 1654. and their Declarations concerning their dissolution of their two Junctoes after these Misdemeanours of the King without the least repentance for them must needs be farre more execrable unwarrantable and criminal than the Kings and deserve a severer censure than his Peccadilioes in respect of their crimes And if by the whole Armies printed Remonstrances August 2. and 18. 1647. the tumult of some unarmed London Apprentices who offered some small force to the Houses to the violation of their Priviledges without securing or secluding any one Member deserved a speedy and exemplary capital proceeding against the principal contrivers and Actors in it as they then declared and vehemently urged again and again in those Remonstrances Or if by their own Charge in the Name of the whole Army June 14. 1647. against the XI Members it was so high an offence in them That they joyntly or severally invited encouraged abetted or countenanced several Reformadoes and OTHER OFFICERS AND SOULDIERS TVMVLTVOVSLY AND VIOLENTLY TO GATHER TOGETHER AT WESTMINSTER TO AFFRIGHT ASSAULT THE MEMBERS OF PARLIAMENT IN PASSAGES TO FROM THE HOâ—SE TO OFFER VIOLENCE TO THE HOUSE IT SELF BY SVCH VNRVLY OVTRAGES THREATS TO AWE AND INFORCE THE PARLIAMENT And that upon their bare suggestion thereof without any proof at all or colour of truth they presently demanded That the persons impeached MIGHT BE FORTHWITH SECLVDED FROM SITTING IN THE HOVSE and removed thence before any hearing or trial which the Officers and Army eagerly pressed in their Paper of June 15. 1647. Nay if by their own late printed Instrument of the Government of the Commonwealth of England c. Articles 14. 16. All and every person and persons who have aided advised assisted or abetted in any war against the Parliament since the first day of
later times in corrupt cowardly time-serving degenerate Lawyers and Judasses rather than Judges to the disgrace of their Profession now generally spoken against their own dishonour infamy reproach the scandall of Religion which some of them have eminently professed the prejudice and subversion of the Fundamentall Laws Liberties Rights Priviledges of our Nation Peers Parliaments and of the ancient Fundamental Government of this famous Kingdome whereof they are Members and that contrary to some of their own late Judgments sciences Consciences Votes Printed Arguments Speeches Declarations against others even in and out of Parliament and their own first Charges in their Circuits repugnant to their later 4. To instruct those Jesuited Anabaptists Levellers and their Factors especially John Canne and the rest of the Compilers Publishers Abetters of the Pamphlet intituled Leiutenant Colonel John Lilburn tried and east and other forementioned publications who professedly set themselves by Words Writings Counsels and overt Acts to subvert both our old Fundamentall with all other Laws Liberties Customs Parliaments and Government what transcendent Malefactors Traitors and Enemies they are to the publique and what Capital punishments they may incurre as well as dâ—merit should they be legally prosecuted for the same and thereupon to advise them timely to repent of and dâ—sist from such high Treasonable attempts 5. To clear both my self and this my seasonable Defence of our Fundamental Laws Liberties Government from the least suspition or shadow of Faction Sedition Treason and Emnity to the publique peace weal settlement of the Nation which those and those onely who are most factious and seditious and the greatest Enemies Traitors to the publique tranquility Weal Laws Liberties Government and establishment of our Kingdome as the premises evidence will be ready maliciously to asperse both me and it with as they have done heretofore 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 two last with all other Parliaments forecited and themselves too from which they are so much changed and degenerated of late years ere they can accuse traduce or censure me who do but barely relate apply their words and judgments in their purest times without malice or partiality for the whole Kingdomes benefit security and resettlement To these punctual full Juries of Records and Parliament Authorities in point I could accumulate Sr. Edward Cook his 3. Institutes p. 9. printed and authorised by the House of Commons speciall Order the last Parliament The severall Speeches of M. Hide M. Waller M. Pierpoint and M. 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 Diurnal Occurrences and Speeches in Parliament London 1641. p. 237 to 264. M. Samuel Browns Argument at law before the Lords and Commons at Canterburies Attainder all manifesting their endeavouring to subvert the Fundamentall Laws and Government of the Realm to be High Treason with sundry other printed Authorities to prove That we have Fundamental Laws Liberties Rights and a Fundamental Government likewise which ought not to be innovated violated or subverted upon any pretences whatsoever by any power or prevailing Faction Which Fundamental Rights Liberties Laws Sr. Thomas Fairfax and the Army under his Command by their Declaration of June 14. 1647. particularly promise and engage to assert vindicate against all arbitray power violence oppression and against all particular parties or Interests whatsoever which they may doe well to remember and make good 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 DIVERSE PERSONS who throughout these late troubles have approved themselves faithfull to the Cause and interest of God and their COUNTRY presented to the publike for the satisfaction of others Printed at London 1654. who relating the miscarriages of the last ASSEMBLY at Westminster elected nominated by the Censurers of them the Army Officers onely not the people use these expressions of them page 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 ESTABLISING NOTHING So that instead of the expected settlement they were running 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 Laws 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 quarrell with the King having been once abolished what could we have expected afterwards 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 but 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 by 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 some destroyed and blowed up Kings Peers and Parliaments themselves as well as Lawes and Parliament Priviledges of late years where they had been constantly defended vindicated preserved established in all former Ages by ALL TRVE ENGLISH PARLIAMENTS The second is The Votes of the House of Commons concerning a Paper presented to them entituled An Agreement of the people for a firm present
Revenues Inheritances Rights and Perquisits of the Crown of England originally setled thereon for the â—ase and exemption of the people from all kind of Taxes payments whatsoever unlesse in case of extraordinary necessity and for defraying all the constant ordinary expences of the Kingdome as the expences of the Kings houshold Court Officers Judges Ambassadors Guard Garrisons Navy and the like ought not to be sold alienated given away or granted from it to the prejudice of the Crown and burdenning of the people And that all Sales Alienations Gifts or Grants thereof to the empairing of the publique Revenue or prejudice of the Crown and people are void in Law and ought to be resumed and repealed by our Parliaments and Kings as they have freqeuntly been in all former ages For the Readers fuller satisfaction in each of these propositions some of which I must in the ensuing Chapter but briefly touch for brevity sake having elsewhere fully debated them in print I shall especially recommend unto him the perusall of such Tractates and Arguments formerly published wherein each of them hath been fully discussed which hee may peruse at his best leasure The First of these Fundamentalls which I intend principally to insist on is fully asserted debated confirmed by 13. H. 4. f. 14. By Fortescue Lord Chief Justice and Chancellor of England de Laudibus Legum Angliae dedicated by him to King Henry the 6. f. 25. c. 36. By a Learned and necessary Argument against Impositions in the Parliament of 7. Jacobi by a late reverend Judge Printed at London 1641. By Mr. William Hakewell in his Liberty of the Subject against Impositions maintained in an Argument in the Parliament of 7 Jacobi Printed at London 1641. By Judge Crooks and Judge Huttons Arguments concerning Ship-mony both Printed at London 1641. By the Case of Ship-mony briefly discussed London 1640. By M. St. Johns Argument and Speech against Ship-mony Printed at London 1641. By Sir Edward Cook in his 2 Institutes p. 46. and 57. to 64. and 528 to 537. By the first and second Remonstrance of the Lords Commons in Parliament against the Commission of Array Exact Collection p. 386. to 398. and 850. to 890. and by my own Humble Remonstrance against Ship-mony London 1643. The Fourth part of the Sovereign Power of Parliaments and Kingdomes p. 14. to 26. my Legall Vindication of the Liberties of England against Illegall Taxes c. London 1649. and by the Records and Statutes cited in the ensuing Chapter referring for the most part to the first Proposition The second third and fourth of them are largely debated and confirmed by a Conference desired by the Lords and had by a Committee of both Houses concerning the Rights and Priviledges of the Subject 3 Aprilis 4 Caroli Printed at London 1642. By Sir Edward Cook in his Institutes on Magna charta c. 29. p. 45. to 57. By the first second Remonstrance of the Lords and Commons against the Commission of Array Exact Collection p. 386. and 850. to 890. By Judge Crooks and Judge Huttons Arguments against Ship-mony By Sir Robert Cotton his Posthuma p. 222. to 269. By my Breviate of the Prelates Encroachments on the Kings Prerogative and the Subjects Liberties p. 138. my New Discovery of the Prelates Tyranny p. 137. to 183. and some of the ensuing Statutes and records ch 3. See 1 H. 4. rot Parl. n. 22 23 24 26 28 43 44 47. The Fift and Sixt of them are fully cleared vindicated in and by the Prologues of all our Councills Statutes Laws before and since the Conquest By 1. H. 4. Rot. Parl. n. 33 34 36. an excellent full president Sir Edward Cooks 4 Institutes ch 1. Mr. Cromptons Iurisdiction of Courts Title High Court of Parliament Mr. St. Johns speech against the Ship-mony Judges p. 32 33. my Plea for the Lords my Levellers levelled my Ardua Regni my Epistle before my Speech in Parliament my Memento my Sovereign Power of Parliaments and Kingdomes part 1 2 3 4. my Legal Vindication against illegal Taxes and pretended Acts of Parliament London 1649. Prynnethe Member reconciled to Prynne the Barâ—ester Printed the same year My Historical Collection of the Ancient great Councils and Parliaments of England London 1649. My Truth triumphing over Falshood Antiquity over Novelâ—y London 1645. 3 E. 1. c. 5 4 E. 3. c. 14. 36 E. 3. c. 10. 1 H. 4. c. 3 4. 5 R. 2. Stat. 2. c. 4. Rastal tit Parliament 1 H. 4. Rot. Parl. n. 21. 22. 48. 70. 31 H. 6. c. 1. 39 H. 6. c. 1. Rot. Parl. n. 8. 17 E. 4. c. 7. expresse in point and some of the Records hereafter transcribed In this I shall be more sparing because so fully confirmed in these and other Treatises The Seventh is ratified by Sir Edward Cooks 1. Institutes p. 97 98. 4 Institutes p. 89. and 5. report Cawdries case of the Kings Ecclesiasticall Laws Rastals Abridgement of Statutes Tit Provisors Praemunire Rome and other Records and Statutes in the ensuing Chapter The Eight is verified by the Statutes quoted in the Margin to it and by other Records in the third Chapter The Ninth and Tenth are fully debated in my Soveraign Power of Parliaments and Kingdomes par 2. p. 3. to 34. part 4. p. 1. to 13. and 162. to 170. touched in Sir Robert Cottons Posthuma p. 174. 179. confirmed by sundry Presidents in the next Chapter by 1 H. 4. Rot. Parl. n 32. How all and every of these Fundamentall Liberties Rights Franchises Laws have been unparalledly violated subverted in all and every particular of late years beyond all Presidents in the worst of former ages even by their greatest pretended Propugners their own Printed Edicts Instruments Ordinances Papers together with their illegall Oppressions Taxes Excises Imposts Sequestrations Rapines Violences unjust Proceedings of all kinds will sufficiently evidence if compared with the premised Propositions Not to insist on any fore-past illegall Imposts Taxes Excises under which the nation lately groaned imposed on us by unparliamentary Junctoes or the Army Officers alone from Anno 1648 to 1653. without any real Parliament by their own armed Iurisdiction I shall here instance onyl in 3. or 4 particulars relating wholly to the First Proposition being of most generall greatest present and future concernment of all other to the whole English Nation at this very instant most intollerably oppressed grieved by them directly sweeping away all their Fundamentall Right of Property and consequentially all their Liberty of person Laws Charters at once and that in perpetuity beyond all hopes of Future redemption if not timely prevented by the Vniversality Body of the Realm or their Trustees The first of them is the present imposition and continuance of the strange oppressive monstrous general high Tax of EXCISE imposed on most native and forreign Commodities throughout England and its Dominions which as it was a meer Stranger to all our Ancestors and those now living till within these few years so it was
extravagant Heavy Taxes Contributions from the exhausted Free-born People of England especially being now pretended new Free State against all our Fundamental Lawes Statutes Franchises Charters Properties Liberties Records Parliamentary Iudgements their own late Remonstrances Declarations Votes the Presidents of all former ages yea of all our Kings coming in by the Sword to their Thrones let the Imposers of them seriously advise as they will answer it at their utmost peril to God Men and the whole English Nation who expected better things from them even a total final exemption from all such illegal Burthens after all their late Wars Agonies Expences to redeem and preserve their Lawes Liberties Estates Properties Posterities from such exorbitant Oppressions diametrically contrary to all the forecited Iudgements Resolutions Remonstrances Statutes Votes Presidents and sundry others which I shall hereafter insist on in the third Chapter of this Treatise to which I must refer you And shall we not then adventure a distresse a Prison quartering upon or any other Duresse yea Death it self rather than volutarily submit our selves and Posterities backs thereto when as we spend our Bloods Lives Treasures against lesser easier Royal Impositions How shall we answer it to God Men or our enslaved Posterities if we now most safely unworthily submit thereto in perpeâ—uity without the least legal strenuous publick oppression or debate of its legality If any here allege as some men do in Iustification of these three or rather four forecited kinds of illegal universal Taxes imposed levied on the whole Nation without consent of Parliament That they are all warranted by the Instrument of the new Gevernment Article 27 28 29. That a constant yearly revenue shall be raised setled and established for maintaining Ten Thousand Horse and Dragoons and Twenty Thousand Foot in England Scotland and Ireland for the Defence and security thereof and also for a convenient number of Ships for guarding the Seas besides two hundred thousand pounds per annum for defraying other necessary charges for Administration of Iustice and other expences of the Government which Revenue shall be raised by the Customes and such other ways and means which shall be agreed uâ—oâ— By the Lord Protector and Council and shall not be taken away or diminished nor the way agreed upon for the raising of the same altered but by consent of the Lord Protector and the Parliament That the said yearly Revenue shall be paid into the publick Treasury and issued out for the uses aforesaid That in case there shall not because hereafter to keep up so great a Defence at Land or Sea but that there be an abatement made thereof The Mony which shall be saved thereby shall remain in banke for the Publick service c. All which they in the True state of the Case of the Common-wealth p. 43 44 commend for a most excellent Provision A coâ—stant Revenue A Publike Bank or Treasury upon all occasions c. which they intend to perpetuate on the whole Kingdom without end or abatement as well in times of peace safety as of war and danger Therefore the Protector and his Counsell at Whitehall in pursuance hereof may lawfully impose by vertue of these Articles both Excise Customs Tonnage Poundage Ship-money and contributions for these ends upon our three whole Kingdoms and all the Freeborn English by printed Ordinances of their own in what Proportions and for what time they please yea and for perpetuity without consent or grant in Parliaments and restrain all future Parliaments both from taking away or diminishing them or altering the way agreed on for their raising without their Protectors consent thereto as the expresse words run and their practise yet expounds them notwithstanding all former Laws Statutes Charters Resolutions Iudgements Remonstrances Oathes Vowes Declarations Presidents either in or out of Parliament to the contrary To this I answer first that I cannot but stand amazed to hear any Army-Officers Souldiers Lawyers or persons in present trust or power who bear the name or hearts of English Freemen Saints Christians Lovers Patriots or Protectors of their Native Country of England its Parliaments Laws and Liberties to make such a stupendious irrational objection as this which justifies all the exorbitant Opinions Proceedings Taxes Oppressions Impositions of our late beheaded King Strafford Canterbury the Ship-money Iudges old Whitehall Council Table yea all our other former Kings and their evil Counsellors most irregular Exaction of mony in all ages from Brute till now and will render the very worst of all our Kings if compared with our late and present Tax-masters and pretended Assertors of our Liberties rather good gracious just righteous Princes Benefactors than Tyrants or Oppressors for the future seeing they never out of Parliament imposed enforced on their subjects any such heavy various perpetual Taxes Imposts Excises Ordinances or new Articles of the Governmentâ— as these forecited 2ly This Objection if admitted just or solid gives a private Cabinet â—uncto of obscure persons yet unknown by name unto our Nation a Superlative Super-Parliamentall Authority to contrive and set on foot a new devised Instrument to undermine and blow up all our former fundamental Laws Customs great Charters Liberties Franchises Properties Parliaments former frame of Government at one crake after all our late bloody costly contestations for their preservation both in the Supream Courts of Publick Iustice and fields of War without our privities or consents thereto either in or out of Parliament contrary to all their and our Protestations Oathes Covenants Commissions Trusts Promises Pretences And instead of English Freemen as we were before these contests and wars to strip us quite naked of all our former Freedoms Liberties Properties Customs Rights derived to us from our Noble Ancestors as the purchas of their dearest blood render us our Posterities for the future the most absolute Issachars Vassals slaves under Heaven inthralled to all sorts of intollerable illegal unpresidented incessant endlesse Taxes of all kinds without hopes of alteration or mitigation by any future Parliaments without their Protectors or his Successors voluntary consents which they cannot expect and to a constant standing Mercenary Army of Horse and Foot by Land and Navies of Hirelings by Sea to keep us and ours in perpetual Bondage under such New irregular Successive Tax-Masters who must elect their successors like themselves 3ly All our former antient Laws Statutes Parliaments till now in all changes Revolutions of State or Government ever constantly asserted maintained provided That no Tax Tallage Custom Contribution Impost Subsidy Charge Excise Loan or Payment whatsoever should be imposed on the Freemen of England without their common consent and grant in full free lawfull English Parliaments and if any were imposed otherwise by any Power or Pretext whatsoever out of Parliament that it was Null and void to all intents to bind the people But these Monstrous Articles quite turn the scales impowring a few private persons neither elected nor intruâ—ted by the people
Laws Liberties total final desolation and the Armyes too in conclusion beyond all hopes of prevention unless God himself shall miraculously change their Hearts Councels and reclaim them from their late destructive heady violent courses or put an hook into their Noses to turn them back by the way by which they came or set a timely period to their usurped Armed power and extravagant late proceedings of such a desperate unparallel'd unprotestant strange Nature as none but the very worst of Ignatius his Disciples and Engineers durst set on foot or still drive on amongst us Protestants Which I earnestly beseech adjure and conjure them now most seriously to lay â—o heart before it be over-late Those who will take the pains to peruse all or any of these several printed Books most of them very well worth their reading written against the Iesuites and their Practises as well by Papists as Protestants as namely Fides Iesu Iesuitarum printed 1573. Doctrinae Iesuiticae praecipua capita Delph 1589. Aphorismi Doctrinae Iesuâ—ticae 1608. Cambitonius De Studiis Jesuitarum abstrusioribus Anno 1608. Iacobus Thuanus Passages of the Jesuites Hist l. 69 79 83 94 95 96 108 110 114 116 119 121 124 126 129 131 132 134 136 137. 138. Emanuel Meteranus his Passages of them Belgicae Hist l. 9 12 17 18 19 21 23 26 to 34. Willielmus Baudartius Continuatio Meterani l. 37 38 39 40. Donatus Wesagus Fides Iesus Iesuitarum 1610. Characteres Iesuiticae in several Tomes Elias Husenmullerus Historia Iesuitici Ordinâ— Anno 1605. Speculum sive Theoria Doctrinae Iesuiticae necnon Praxis Jesuitarum 1608. Pasquier his Jesuite displayed Petrus de Wangen Physiogmonia Jesuitica 1610. Christopherus Pelargus his Novus Jesuitismus Franciscus de Verone his Jesuitismus Sicarius 1611. Narratio de proditione Jesuitarum in Magnae Brit. Regem 1607. Consilium de lesuitis Regno Polonia ejiciendis The Acts of the States of Rhetia Anno 1561 1612. for banishing the Jesuites wholly out of their Territories NE STATUS POLITICUS TURBARETUR c. mentioned by Fortunatus Sprecherus Palladis Rheticae l. 6. p. 251 273. Melchior Valcius his Furiae Gretzero c. remissae 1611. Censura Jesuitarum Articuli Jesuitarum cum commonefactione illis oppositae Anti-Jesuites au Roy par 1611. Variae Doctorum Theologorum Theses adversus quaedam Jesuitica Dogmata The Remonstrance of the Parliament of Paris to Henry the Great against the re-establishment of the Jesuites And their Censure of Mariana his book to be publickly burnt printed in French 1610. recited in the General History of France in Lewis 13. his life Peter Matthew l. 6. par 3. Historia Franciae Variae Facultatis Thologiae Curiae Parisiensis quam aliorum Opuscula Decreta Censurae contra Jesuitas Paris 1612. Conradus Deckerus De proprietatibus Iesuitarum 1611. Quaerelarum inclyti Regni Hungariae adversus corruptelas Iesuiticas defensio Lucas Osiander his writing about the Jesuites bloody Plot Han. 1614. Iesuitarum per unitas Belgii Provincias Negotiatio Anno 1616. Radulphus Hospinianus Historia Iesuitica 1619. Bogermannus his Catechismus Iesuiticus Lodovicus Lucius Historia Iesuitica Basil 1627. Arcana Imperii Hispanici 1628. Mercure Iesuite in several Tomes Geneve 1626 De Conscientia Iesuitarum tractat Censura sacrae Theologiae Parisiensis in librum qui inscribitur Antonii Sanctarelli societatis Iesu de Haeresi Schismate Apostasia c. Paris 1626. Anti-Cotton Ioannes Henricius Deliberatio de compescendo perpetuo crudeli Conatu Iesuitarum Fran. 1633. A Proclamation of the States of the united Provinces Anno 1612. And another Proclamation of theirs with two other Proclamations of the Protestant States of the Marquesate of Mâ—ravia for the banishing of the Iesuites London 1629. Alfonsi de Vargas Toletani Relatio ad Reges Principes Christianos De Stratagematis Sophismatis Politicis Societatis Jesu ad Monarchiam Orbis terrarum sibi conficiendam in qua Jesuitarum erga Reges Populos optimè de se meritos infidelitas erga ipsum Poutificem perfidia contumacia IN FIDEI REBUS NOVANDI LIBIDO illustribus documentis comprobatur Anno 1641. Jubilaeum sive Speculum Jesuiticum exhibens PRAECIPUA JESUITARUM SCELERA MOLITIONES INNOVATIONES FRAUDES IMPOSTURAS ET MENDACIA CONTRA STATUM ECCLESIASTICUM POLITICUMQUE in extra EUROPEUM ORBEM primo hoc centenario confirmati illius Ordinis INSTITUTA ET PERPETRATA ex variis Historiis inprimis vero Pontificiis collecta Anno 1644. a piece worth perusing Or else will but cast their eyes upon our own forecited Statutes and the Proclamations of Queen Elizabeth King James and King Charls against Jesuites and Seminary Priests A brief Discovery of Doctor Allens Seditious Drifts London 1588. Charles Paget a Seminary Priest his Answer to Dolman concerning the succession of the English Crown 1601. William Watson a secular Priest his Dedachordon or Quodlibets printed 1602. now very well worthy all Protestants reading A Letter of A. C. to his Dis-Jesuited Kinsman concerning the Jesuites London 1602. Romish Positions and Practises for Rebellion London 1605. The Arraignment of Traytors London 1605. John King Bishop of London his Sermons on November 5. 1607 1608. King James his Conjuratio Sulphurea Apologia pro Juramento fidelitatis Responsio ad Epistolam Cardinalis Peronii An Exact Discovery of the chief Mysteryes of the Jesuitical iniquity and The Jesuites secret Consultations both printed London 1619. William Crashaw his Iesuites Gospel London 1621. William Feak of the Doctrine and Practice of the Society of Jesus London 1630. The many printed Sermons of Doctor Iohn White Bishop Lake Bishop Andrews Doctor Donne Doctor Featly Doctor Clerk and others preached on the fifth of November Lewis Owen his Running Register London 1620. His Unmasking of all Popish Monkes and Jesuites 1628. And his Jesuites Looking-Glass London 1629. John Gee his Foot out of the Snare c. London 1624. with the Jesuitical Plots discovered in my Romes Master-piece and Hidden works of darkness brought to publick Light London 1645. shall see the Jesuites and their Seminaries charged with convinced of and condemned for these ensuing Seditious Treasonable Antimonarchical Anarchical Positions and Practises for which their Society hath by publick Acts and Proclamations been several times banished out of Hungaria Bohemia Moravia Poland the Low Countries Rhetia France Transilvania Sweden Denmark the Palatinate Venice Aethiopia Japan and Turkey as well as out of England Scotland and Ireland as most insufferable Pests and Traytors in many of which they have yet gotten footing again 1. That at least â—ifty several prime Authors of that infernal Society of Jesus in several printed books which you shall finde specified in Doctor John Whites Defence of the Way c. 6 10. Aphorismi-Jesuitarum Iubilaeum or Speculum Iesuiticum p. 187 188. and the Appendix to my Fourth part of the Soveraign power of Parliaments p. 187 188. have dogmatically maintained That the Pope hath absolute power not onely to
or inheritance because in his and the Jesuites Opinion onely not in Truth he was both an Heretick and A TYRANT Asserting That it was lawful for Castle or any other private man TO DESTROY AN HERETICK OR TYRANT much more then him that was both And John Guignardus a Jesuite Fellow of the Jesuites Colledge of Claremount in his Papers then seised by and reported to the Parliament of Paris Anno 1595. not onely compared Henry the third and fourth to Nero and Herod and justified Clements murder of the one and Castles attempt upon the other as most Heroical and praise-worthy Actions but likewise added That if we in the year 1572. on Saint Bartholmews day in the General Massacre of the French Protestants had CVT OFF THE BASILICON VEINE Henry King of Navarre we had not fallen out of a Feavour into that Plague which now we finde Sed quicquid delirant Reges plectunctur Achivi SANGVINI PARCENDO That King Henry should be but over-mildly dealt with if he were thrust from the Crown of France into a Monastery and there had his crown shaven That if he could not be deposed without a war then a war was to be raised against him but if a war could not be levied against him the cause being dead CLAM E MEDIO TOLLATVR he should then be privily murdered and taken out of the way For which the Parliament of Paris adjudged and executed him for a Traytor Yea so desperately were the Jesuites after this bent to destroy this King that Alexander Hay a Scottish Jesuite of Claremont privy to Castles villany used to say That if King Henry the fourth should pass by their Colledge the first there built for them he would willingly cast himself out of his window headlong upon him so as he might break the Kings neck though thereby he brake his own Yet was he punished but with perpetual Banishment After which Jesuitical conspiracies detected and prevented notwithstanding this King Henry before these two attempts to murder him had by their sollicitations renounced the Protestant Religion professed himself a zealous Romanist recalled the Jesuites formerly banished for the murther of Henry the third against his Parliaments and Counsels advice reversed all the decrees of Parliament against them razed the publick Pillar set up in Paris as a lasting Monument of their Treasons and Conspiracies built them a magnificent Colledge in Paris indowed them with a very large Revenue entertained Pere Cotten one of their Society for his Confessor who revealed all his Secrets to the King of Spain bequeathed a large Legacy of Plate and Lands to their Society by his will and was extraordinary bountiful and favourable towards them yet these bloody ingrateful Villains animated that desperate wretch Ravilliac to stab him to death in the open street in Paris Anno 1610. Albigni the Jesuite being privy to this murder before it was perpetrated Yea Francis de Verona in his Apology for John Castle p. 258. thus predicted his second mortal stab in these words Though this Prince of Orange scaped the first blow given him in his cheek yet the next hit whereof this was a presage as the blow given by Castle SHALL BE THE FORE-RVNNER OF ANOTHER BLOW Such implacable Regicides are the Jesuites 4. By their suborning instigating sundry bloody instruments one after another to murder William Prince of Orange prevented in their attempts by God's providence till at last they procured one Balthasar Gerard to shoot him to death with a Pistol charged with three Bullets An. 1584. the Jesuites promising him no less then HEAVEN it self AND A CANONIZATION AMONG THE SAINTS AND MARTYRS for this bloody Treason as they did to James Clement before for murdering the French King And it is very remarkable That after this murder of his Thomas Campanella a Jesuited Italian Frier prescribed this as a principal means to the King of Spain of reducing the Netherlands under his Monarchy again to sow emulation and discords amongst their Nobles States and to murder Prince Maurice his son and successor which he expresseth in these direct termes Maxime opus est ut Serpens seditionis Comes Scilicet Mauritius Interimatur non vero per bellum diuturnum copia illi danda est magis magisque succrescendi which they twice likwise attempted to affect An. 1594 and 1598. No wonder that they so much endeavour by all means instruments to suppress that noble family now to whom the Netherlands principally owe their infranchisement from the Spanish yoak of bondage 5. By their poysoning Stephen Botzkay Prince of Transylvania for opposing their bloody persecution 6. By their manifold bloody Plots and Attempts from time to time to murder depose stab poyson destroy our famous Protestant Queen Elizabeth by open Insurrections Rebellions Invasions Wars raised against her both in England and Ireland and by intestine clandestine Conjurations from which Gods ever-waking providence did preserve her Amongst other Conspiracies that of Patrick Cullen an Irish Frier hired by the Jesuites and their Agents to kill the Queen is observable Holt the Jesuite who perswaded him to undertake the murdering of her told him that it was not onely lawful by the Laws but that he should merit Gods Favour and Heaven by it and thereupon gave him remission of all his sins the Eucharist to encourage him in this Treason the chief ground whereof and of all their other Treasons against this Queen was thus openly expressed by Iaquis Francis for Cullens further encouragement That the Realm of England then was and would be so well setled that unless Mistras Elizabeth so he termed his Dread Soveraign though but a base Landressson were suddenly taken away All the Devils in Hell would not be able to prevail to shake and overturn it Which then it seems they principally endeavoured and oft-times since attempted and have now at last effected by those who conceit they demerit the Title of Saints though not in a Romish Kalender and no less then Heaven for shaking overturning and making it No Kingdom 7. By their Conspiracy against King James to depâ—ive him of his Right to the Crown of England imprison or destroy his person raise Rebellion alter Religion and Subvert the Statâ— and Government by vertue of Pope Clement the eighth his Bull directed to Henry Garnet Superiour of the Iesuites in England whereby he commanded all the Archpriests Priests Popish Clergy Peers Nobles and Catholicks of England That after the death of Queen Elizabeth by the course of Nature or otherwise whosoever shall lay claim or title to the Crown of England though never so directly or neerly interessed by descent should not be admitted unto the Throne unless he would first tolerate the Româ—sh Religion and by his best endeavours promote the Catholick cause unto which by his Solemn and Sacred Oath he should religiously subscribe after the death of that miserable woman as he stilled Queen Elizabeth By vertue of which
largly contributed to this war and designe for which he Sir John Winter Master Mountague and others who had a hand in this conspiracy were convented and brought upon their knees at the Commons House-bar Jan. 28. 1640. upon which he retyring into France was about May 1645. sent as a speciall Embassadour from the Queen to the Pope of Rome himself to solicit him for ayds of monies men arms against the Parliament is first audience he had the best reception and fairest Promises of Aid in general that could be wished writing hopefully of supplies of Moneys from Rome to the Queen and others as both Houses of Parliament in their Declaration and Letters published 26 March 1646. proclaim to all the world and likewise good Hopes of a Cardinals Cap for himself or the Lord Aubeny or Mr. Mountagne for which he and the Queen sollicited After that upon his return from Rome he was sent over into England about Decemb. 1648. as a fit instrument to New-moddle us into a Commonwealth and promote the violent Proceedings of the Army Officers and their Confederates set on work by the Jesuits and their Agents against the late King Parliament Members where upon his arrival he was instead of being apprehended and brought to justice for the premises hugged by some Grandees whom he courted permitted to ride and walk about at large while the Members were under strict guards and restraints frequently repaired to Whitehall where he was well received his Sequestration totally taken off without any Fees or gratification by special order and himself now at last permitted to lodge not only in Wildemans House where the Queens Capuchins formerly resided but sometimes in Whitehall it self to the admiration of many understanding Protestants who justly suspect he hath there more disguised Iesuits to consult with and promote both their old and new designs against our Church State Religion Laws Liberties till they have brought them and us to utter ruine I shall for brevity sake acquaint you with one memorable general instance discovering what swarms of Jesuites are now amongst us under other visors An English Protestant Nobleman a person of honor whose Ancestors were Papists being courteously entertained within these two years at Rome by some eminent Iesuits in their chief Colledge there was brought by them into a Gallery having Chambers round about it with Titles over every door for several Kingdoms and amongst the rest one for ENGLAND Upon which he enquiring of the Iesuits what these titles signified was answered by them That they were the Chambers of the Provincial Iesuits of each Kingdom and Province written ever the respective doors wherein they had any members of their society now residing who received all Letters of intelligence from their Agents in those places every week and gave account of the to the General of their Order That the Provincial for England lodged in the Chamber over which the title ENGLAND was written who could shew him the last news from England which he desiring to see they thereupon knocked at the door which was presently opened the Provincial being informed who what the Lord was read the last news from England to them Hereupon the Nobleman demanded of them Whether any of their society were now in England how they could stay with safety or support themselves there seeing most of the English Nobility Gentry and Families that were Papists were ruined in their estates or sequestred by the late wars troubles so as they could neither harbour conceal nor maintain them as they had done heretofore They answered It was true but the greater the dangers and difficulties of those of their society now in England were the greater was their merit And that they had then above fiftéen hundred of their Society in England able to work in several Professions Trades which they had there taken upon them the better to support secure themselves from being discovered who together with some Popish Priests and Friers no doubt upon diligent inquiry will appear to be the chiefest Speakers Quakers Disputers Seducers Rulers in most separate Congregations and the principle brochers of all New Opinions Blasphemies now abounding amongst us This Relation I have heard from the mouth of a Reverend Divine more than once to whom this Noble Lord upo his return into England not many Months since seriously related the Premises averring the truth of them upon his Honour Yet for all this since the stupendious pretended repeals and annihilations of the Oaths of Supremacy and Allegiance that of Abjuration of Popery consented to by the late King in the Isle of Wight purposely made for the better detection and prevention of Iesuites and their treasonable forementioned practises against our Church Kingdoms Princes Religion Parliaments and Government by the wisdom and zeal of our best affected vigilant * Protestant Parliaments I can neither hear nor read of any effectual means endeavoured or prescribed by any in power for the discovery of these Romish Ianizaries or banishing feretting and keeping them out of England where they have wrought so much mischief of late years and whose utter ruine they attempt nor any incouragement at all given to the Discoverers of their Plots and Persons but many affronts and discouragements put upon them and particularly on my self lately mewed up close Prisoner under strictest Guards in remotest Castles near three years space without any Accusation hearing or particular cause yet assigned or disclosed to me though oft then and since demanded by me from my Imprisoners whiles they all walked abroad at large of purpose to hinder me from any discoveries of their practises by my Pen where as they printed vended publickly here in England above 30000 Popish Books of several kinds during my imprisonment without the least restraint to oppugne our Protestant established Religion as many of them do in terminis as most damnable Heresie propagate the Jesuites Plots and antichristian Romish Church and Religion amongst us as you may read at large in the Stationers Beacon fired which seasonable book and Discovery of these Romish Emissaries books and plots some Officers of the Army in their Beacon quenched publickly traduced in print as a New-Powder-Treason of the Presbyterian Party to blow up the Army and that pretended Parliament of their own erection which themselves soon after blew up and dissolved in good earnest pleading for a free Toleration of such Popish Books and all Religions as agreeable to the Armies Engagements and Principles to carry on their designs against our Religion and Laws But most certain it is there hath been of late years not only a General Councel of Officers of the Army sitting many moneths together in Councel to alter and new model all our ancient Laws and Statutes in pursuance of Father Parson's design but likewise two Conventicles of their own selection and election sitting of late in the Parliament House at Westminster assuming to themselves the Name and far
a law to alter the property of the Subjects goods which is also against the Law In this and sundry other Arguments touching the Right of Impositions in the Commons House of Parliament by the Members of it arguing against them it was frequently averred and at last Voted and Resolved by the House 7. Jacobi That such Impositions without consent in Parliament were AGAINST THE ORIGINAL FVNDAMENTAL LAWS AND PROPERTY OF THE SVBJECT and Original Right Frame and Constitution of the Kingdome as the Notes and Journals of that Parliament evidence An expresse parliamentary Resolution in point for what I here assert 6. The sixth is A Conference desired by the Lords and had by a Committee of both Houses concerning the Rights and Priviledges of the Subject 3. Aprilis 4. Caroli 1628. entered in the Parliament Journal of 4. Caroli and since printed at London 1642. In the Introduction to which Conference Sir Dudley Digs by the Commons House Order used these expressions My good Lords whilest we the Commons out of our good affections were seeking for money we found I cannot say a â—ook of the Law but many A FVNDAMENTAL POINT THEREOF NEGLECTED AND BROKEN which hath occasioned our desire of this Conference wherein I am first commanded to shew unto your Lordships in general That the Laws of England are grounded on Reason more ancient than Books consisting much in unwritten Customs yet so full of Justice and true Equity that your most honorable Predecessors and Ancestors propugned them with a NOLVMVS MVTARI and so ancient that from the Saxons dayes notwithstanding the injuries and ruines of time they have continued in most parts the same c. Be pleased then to know THAT IT IS AN UNDOUBTED AND FUNDAMENTALL POINT OF THIS SO ANCIENT COMMON LAW OF ENGLAND THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS which doth preserve as sacred that MEVM and TVVM that is the Nurse of Industry and the Mother of Courage and without which there can be no Justice of which MEVM and TVVM is the proper object But the VNDOVBTED BIRTH-RIGHT OF FREE SVBJECTS hath lately not a little been invaded and prejudiced by pressures the more grievous because they have been pursued by IMPRISONMENT contrary to the Franchises of this Land c. Which the Commons House proved by many Statutes and Records in all ages in that Conference to the full satisfaction of the Lords House since published in print 7. The Seventh is The Vote the whole House of Commons 16. December 1640. Nullo contradicente entered in their Journall and printed in Diurnall Occurrences page 13. That the Canons made in the Convocation Anno 1640. ARE AGAINST THE FUNDAMENTAL LAWS OF THE REALM the Property and Liberty of the Subject the Right of Parliament and containe diverse things tending to Faction and Sedition Seconded in their Remonstrances of 15. December 1641. 8. The eight Authority is The Votes of both Houses of Parliament concerning the security of the Kingdome of ENGLAND and Dominion of Wales 15. Martii 1641. Ordered by the Lords and Commons in Parliament to be forthwith printed and published as they were then by themselves and afterwards with other Votes and Orders Resolved upon the Question nemine contradicente That in case of extream danger and his Majesties refusall the Ordinance agreed on by both Houses for the MILITIA to secure the Houses Members and Priviledges of Parliament and Kingdome against ARMED-VIOLENCE since brought upon them by the MILITIA of the Army doth obliege the people and ought to be obeyed by the FUNDAMENTAL LAWS OF THIS KINGDOME A very vain and delusory Vote if there be no such Law as some now affirm 9. The nineth punctuall Authority is a Second Declaration of the Lords and Commons assembled in Parliament concerning the Commission of Array Printed by their speciall Order of 12. January 1642. Wherein are these observable passages The main drift of all the answer is to maintain That the King by the Common Law may grant such a Commission of Array as this is upon this ground because it s for the Defence of the Kingdome And that the power which he hath to grant it by the Common law is not taken away by the Petition of Right or any former Statute but the King notwithstanding any of them may charge the Subject for Defence of the Kingdome so as the charge imposed come not to himself nor to his particular advantage These grounds thus laid extend not to the Commission of Array alone but to all other charges that his Maâ—esty shall impose upon his Subjects upon pretence of Defence of the Kingdome for there is the same reason of Law for any other charge that is pretended for Defence as for this If his Majesty by the Common Law may charge his Subjects to finde Arms and other things in the Commission enjoyned because they are for Defence of the Kingdom by the same reason of Law he may command his People to build Castles Forts and Bulwarks and after to maintain them with Garrisons Arms and Victuals at their own charges And by the same reason he may compel his subjects to finde Ships and furnish them with Men Ammunition and Victuals and to finde Souldiers pay Coat and Conduct money provide victuals for Souldiers and all other things NECESSARY FOR AN ARMY these things being as necessary for Defence as any thing that can be done in execution of this Commission And for that exposition of the Petition of Right and other Statutes therein noted if it should hold doth it not overthrow as well the Petition it self at all other Laws that have been made for the subjects benefit against Taxes and other charges either 〈…〉 or any other Parliaments These Positions thus laid down and maintained Do shake the Fundamental Laws of the Kingdome the ancient Birth right of every Subject both for the Property of his Goods and Liberty of his Person Nay they strike at the root of Parliaments What need his Majesty call Parliaments to provide for Defence of the Realm when himself may compell his subjects to defend it without Parliaments If these grounds should hold what need the subjects grant subsidies in Parliament for Defence of the Kingdome in time of reall danger if the King for Defence at any times when he shall onely conceive or pretend danger may impose Charges upon his Subjects without their Consent in Parliament Upon that which hath been said in this and our former Declaration we doubt not but all indifferent men will be satisfied that this Commission of Array is full of danger and inconvenience to the Subjects of England AND AGAINST THE FUNDAMENTALâ— LAWES OF THE LAND both for PROPERTY OF GOODS AND LIBERTY OF PERSON c. As it is against THE FUNDAMENTAL LAWS OF THE REALM so no statute makes it good c. And the Lords and Commons do upon the whole matter here conclude That they are very much aggrieved that
ALL CAUSES RELATING TO THE EXCISE from time to time against all Sutes or Actions brought or other molestations against them by the Parties grieved who are usually Fined Imprisoned enforced to pay Costs of Sute only for suing for relief yea which I cannot think of without horrour and amazement ALL COVRTS OF JUSTICE OF THIS COMMON-WEALTH and ALL JUDGES and JUSTICES OF THE SAME SHERIFS COVNSELLORS ATTURNIES SOLICITORS and ALL OTHER PERSONS are thereby expresly required to conform themselves accordingly in all things WITHOVT ANY OPPOSITION OR DISPVTE WHATSOEVER as the precise words of their Ordinance of 17 March 1653. proclaim to all the Nation Which declares further That IT IS NECESSARY to provide A CONTINVAL SVPPLY for the carrying on the weighty Affairs of this Common-wealth OVT OF THIS REVENVE OF EXCISE And do not these Clauses compared with the 27. 29. Articles of their Instrument clearly discover a fixed Resolution in these new Legislators to continue and perpetuate upon the whole Nation this importable Grievance of Excise from year to year without intermission or end to be leavied by the means aforesaid to hinder all and every the Freemen of England from endeavouring to free or exempt themselves or their Posterities from it hereafter by any Sute Action Habeas Corpus or other legal remedy in any Court of Justice whatsoever yea peremptorily positively to prohibit enjoyn all Courts of Justice Judges Justices Sheriffs Counsellours Atturnies Solicitors with all other persons of this Common-wealth both for the present and future Ages to give them the least legal assistance advice or relief against the same or against any Officers or Assistants which shall forcibly lâ—aâ—ie it by distress Fines Imprisonnents Confiscation of Goods Sequestrations Sales of their personal or real Estates or otherwise I appeal then in the behalf of all the Freeborn People of England the Souls and Consciences of these new Ordinance-makers with all the Executioners of them in any kinde before all the Tribunals of Heaven and Earth whether they have not by these their Dismal Ordinances more desperately irrecoverably totally finally as much as in them lies undermined subverted and quite blown up at once all the Foundations of our hereditary Fundamentall Properties Liberties Laws for eternity and levelled them to the dust then the worst of all our Kings or former Councill-tables ever did Deprived the whole Nation and every particular Free-man in it of all future benefit of our Laws Statutes and Courts of Justice for their just relief against this intolerable Oppression and thereby reduced us to the condition of the most slavish captivated fettered Bond-slaves and conquered Vassals under heaven without any visible means or hopes of future enfranchisement under a pretext of fighting for maintaining protecting enlargeing our former properties and freedomes to a more miserable sordid servile condition than either we or our Ancestors sustained under the worst of al our Kings and their most pernicious Counsellors who never in any age attempted tither to make or impose such Extravagant enslaving Ordinances or Excises with such strange penalties Forfeitures Imprisonments Sequestrations sales most unrighteous Monstrous Inhibitions of all legal suites means for cheirrelief in Courts of Justice as they have done King Charles himself though condemned beheaded by them for the worst of Tyrants and Oppressors permitting his Subjects free Liberty to dispute the Legality of Fines for Knight-hood Ship mony Tonnage Poundage Loanes Excise and other Impositions not only in his Parliaments where they were fully debated without restraint and Laws passed against them afterwards by his own Royall assent thereto but likewise in all his other Courts where they were first brought in question Yet now in our Nâ—w Free State under these greatest pretended Patrons of our Laws and Liberties all Courts Judges Justices and other Officers must conform to these illegall Impositions and their tyrannicall waies of inforcement without any opposition or dispute whatsoever and all Counsellors Attornies Solicitors and others must neither argue nor advise nor act in any kinde against them And is this the glorious old antient English Liberty Freedome Property Law and free course of Justice wee have spent so many millions of Treasure so many years of publique Consultations warres Prayers Fasts Tears and such Oceans of precious christian Protestant English blood inviolably to maintain and perpetuate to posterity If any Free-born English men whatsoever dare publikely averre it let them do it at the perill of their infamy execration in all future ages yea of their own heads and Souls If they cannot but now absolutely disavow it let them with shame and indignation disclaim renounce such illegall Ordinances Excises as most detestable both to God and all true-born English free men The 2 is The present continuing Impositions of Customes Tonnage and Poundage upon Goods Merchandizes imported and exported without any grant thereof by Parliament by a new Printed Paper entituled an Ordinance of March 23 1653. thus peremptorily imposing them without any Prologue or Inducement to satisfy the people either in Equity or Justice much lesse in their Legality in respect of those who thus impose them for sundry years yet to come Be it ordained by his highness the Lord Protector with the advise and consent of the Councell that one Act of Parliament though no Act at all by any known Laws Statutes Law-books Records Customes or Constitutions of the Realm buâ— a meer Nullity entituled an Act for the Continuation of the Customes until the 26 of March 1653 and all clauses and powers therein contained are and ARE HEREBY CONTINUED and SHALL and DO STAND IN FULL FORCE UNTILL THE 26 DAY OF MARCH in the year of our Lord 1658. c. By which these New Legislators by their own inherent Superlative Power presume to impose this Tax upon the whole Nation without any grant in Parliament for full 5 years space not only contrary to the Presidents in all former Kings raigns who never claimed nor received it but by speciall grant in Parliament but likewise contrary to this memorable Remonstrance made by the whole House of Commons in the Parliament of 3 Caroli never yet Printed to my knowledge Most gracious Soveraign your Majesties most loyall and dutifull Subjects the Commons in this present Parliament Assembled being in nothing more carefull than of the Honour and Prosperity of your Majesty and the Kingdome which they know doth much depend upon that union and relation betwixt your Majesty and your people do with much sorrow apprehend that by reason of the incertainty of their continuance together the unexpected interruptions which have been cast upon them and the shortness of time in which your Majesty hath determined to end this Session they cannot bring to maturity and perfection divers businesses of weight which they have taken into their consideration and resolution as most important for the common good Amongst other things they have taken into especiall care the preparing of a Bill
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 â—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 contradicentâ— 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 onâ— 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 contrâ—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 Câ—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
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