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A56227 A seasonable, historical, legal vindication and chronological collection of the good old fundamental liberties, franchises, rights, laws of all English freemen ...; Seasonable, legal, historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all English freemen. Prynne, William, 1600-1669. 1654 (1654) Wing P4122; ESTC R13248 47,108 63

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A Seasonable Historical Legal VINDICATION AND CHRONOLOGICAL COLLECTION Of the good Old Fundamental Liberties Franchises Rights Laws of all English Freemen their best Inheritance Birth-right Security against Arbitrary Tyranny Egyptian Slavery and Burdens of late years most dangerously undermined oppungned and almost totally subverted under the specious feigned Disguise of their Defence Enlargement and future Establishment upon a sure Basis IT is an universal received Principle and experimental Truth beyond all contradiction That no natural structure no arteficial Building no Civil or Ecclesiastical Corporation Realm Reipublicke Government or Society of men no Art nor Science whatsoever can possibly be erected supported established preserved or continued in their being or well being without FOUNDATIONS whereon as they were at first erected so they must necessarily still depend or else they will presently fall to utter ruine Hence it is to wave all Humane Authorities in so clear a Verity that in God's own sacred uner●ing a Word of Truth we find frequent mention of the natural b FOUNDATIONS of the vast natural Fabrick of the Earth Heavens and World it self of the Artificial Material c FOVNDATIONS of the material Temple wals City of Gods own most famous city Ierusalem and of private houses of the Spiritual d FOUNDATION of the Spiritual Temple City Ierusalem and whole Church of God even Iesus Christ himself of the Doctrinal e FOUNDATIONS and first principles of Religion Christianity Salvation yea of the Political f FOUNDATIONS of Kingdoms Reipublikes Churches Governments States which being once shaken undermined subverted razed or destroyed bring unavoidable ruine and desolation upon them Psal. 11. 3. Psal. 82. 5 6. Ier. 50 17. 51 15 16. Mic. 1. 6 7 9. even as we daily see Castles Wals Houses to fall instantly to the ground and become an heap of Confusion when their Foundations are blown up decayed or demolished Upon which consideration those publike Laws which establish fence fortifie support the Foundamental Constitutions Rights Liberties Priviledges of any Nation Kingdome Reipublike essential to their being and subsistence as a free or happy people against the Invasions Vnderminings Encroachments of any Tyrants Vsurpers Oppressors or publike enemies are usually stiled FUNDAMENTAL LAWS and have ever been reputed so sacred inviolable immutable in all ages upon any Preterces of Necessity or publike Safety that most Nations and our own English Ancestors above others have freely chosen to hazard yea lose their Estates Lives in their just defence against such exorbitant Tyrannical Kings and other Powers who by force or policy have on leavoured to violate alter or subvert them rather then out of Cowardize Scottishnesse Carelessenesse or want of cordial love to the Publike to suffer the Last infringement repeal or alteration of them to the inthralling of Themselves or their Posterities to the arbitrary Wills of such Domineering Tyrants and Vsurping Poners Now because after all our Old and New many yeers bloody costly dangerous Contest and Wars for the maintenance of our Good Old Fundamental Liberties Laws Rights Priviledges against all secret or open underminers of them I clearly behold with grief of heart that there is a strang monstrous Generation of New TYRANNICAL STATE HERETICKS sprung up amongst us who are grown I desperately impudent as not onely to write but publikely to assert in Print in a Books printed by AUTHORITY even in Capitals in the very Title-page That the Free-men and People of England have no such unalterable Fundamental Laws and Liberties left them by their fore-fathers as our Ancestors heretofore contested for both in the Field and Parliament-House with William the Conqueror Henry the first King John Henry the third Edward 1 2 3. Richard the second with other Kings and Princes and our late Parliaments and Armies too with King James and King Charles That neither Magna Charta nor the Petition of Right nor the Laws for trying Malefactors by Juries of their peers are Fundamentall or unaltera●le but that the STATE-PHYSITIANS or rather Mountebanks of our time who are not tied up to them but left free unto themselves may lay them quite aside either in part or whole as they see cause Yea having now attained to such a super-transcendent Authority as may as they assert DAY ASIDE ALL PARLIAMENTS and PARLIAMENTARY WAYES and appoint SOMETHING ELSE as more seasonable and proper to us and as Providence makes way for it if they see it more conducing to the safety and good of the Common-wealth that is to their own private Interests Honours Profits Securities Designes Oppressions Rapines gilded over with this specious pretext And then ●●●emptorily conclude That to plead for these and other Fundamental Laws and Liberties as unalterable though the onely 〈◊〉 and Badges of our Freedom is nothing else but to 〈◊〉 the Nation for by such a Principle People doe 〈…〉 their Liberty but are brought under such a kind of Tyranny out of which AS BEING WORSE THAN THE AEGYPTIAN BONDAGE there is no hope of deliverance An absurd Tyrannical Paradox transcending any I ever yet met with in any Author stripping us naked of all our long enjoyed Laws Liberties Franchises Great Charters at once tending onely to reduce and perpetually inthral us under such an absolute AEGYPTIAN BONDAGE and Tyranny without any hope of future deliverance from it which some now endeavour to entail on us and our posterities for ever by an Iron Law and Yoke of Steel in stead of restoring to us that Glorious Freedome which we have so long expected from them in vain And because I find the Generality of the Nobility Gentry Clergie Commonalty of our Nation after all their late yeers expensive bloudy wars and Parliamentary Disputes for the defence and preservation of these our Ancient Hereditary Fundamental Charters Laws Liberties Priviledges so strangely degenerated both from themselves and their Heroick prudent Ancestors as that they are more readily inclined upon every occasion out of a base un-Christian un-manly un-English fear or Scottish cowardice and stupidity wittingly to desert betray surrender them all up into the hands of any invading Vsurpers without the least Publike Claim Dissertation Defence or Dispute then diligently or couragiously to contend for them as of late they did So as that which Paul once taxed in the slavish besotted Corinthians 2 Epist. 11. 20. may be most truly averred of our degenerated infatuated English Nation Ye suffer if a man bring you into bondage if a man devour you if a man take of you if a man exalt himself above your Laws Liberties Franchises Parliaments Kings Nobles Properties Lives Conscience and a all that is called God or worshipped if a man smite you on the face notwithstanding all their manifold late b Protestations Vows Covenants Remonstrances Declarations and Publike Engagements to the contrary And withal after diligent enquiry discovering scarce one man of Eminencie or Power in the Nation nor so much as one of my degenerated temporizing Profession of the Law even
of the said KING robbing slaying spoiling a great part of his faithfull People Our said Soveraign Lord the King considering the promises with many other which were more odious to remember by advice and assent of the LORDS Spirituall and Temporall and at THE REQVEST OF THE COMMONS and by authority aforesaid hath ordained and established that the said Iohn Cade shal be had named and declared a false Traytor to cur said Soveraign Lord the King and that all His Tyranny Acts Facts false Opinions shall be voyded abated adnulled destroyed and put out of remembrance for ever And that all indictments in time coming in like case under power of Tyranny Rebellion and stirring had shall be of no regard nor effect but void in Law and all the petitions * delivered to the said King in his last Parliament holden at Westminster the sixth day of November the 29 of his Reign against his mind by him not agreed shall be taken and put in oblivion out of remembrance undone voided adnulled and destroyed for ever as a thing purposed against God and his Couscience and against his royall estate and preheminence and also dishonourable and unreasonable 5. In the a 8 year of King Henry the 8. William Bell and Thomas Lacy in the County or Kent conspired with Thomas Cheyney the Hermite of the Queen of Fairies TO OVERTHROW THE LAWS AND CVSTOMS OF THE REALM for effecting whereof they with 200. more met together and concluded upon a cause or raising greater forces in Kent and the adjacent shires this was adiudged high treason and some of them executed as traytors Moreover it b was resolved by all the Judges of in the reign of Henry S. that an Insurrection against the Statute of Labourers or for the inhansing of salaries and wages was Treason a levying war against the King Because it was generally against the KINGS LAW and the Offenders tooke upon them the REFORMATION thereof which Subjects by gathering of power ought not to do 6. On a December 1. in the 21. yeer of King Henry the 8. Sir Thomas Moor Lord Chancellor of England with 14. more Lords of the Privy Councel Iohn Fitz Iames Chief Justice of England and Sir Anthony Fitzherbert one of the Judges of the Common Pleas exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinall Wolsy That he had by divers and many sundry ways and fashions committed High Treason and notable grievous offences misusing altering and subverting the order of his Graces Laws and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royall to the inestimable great hinderance dimunition and decay of the universal Wealth of this his Graces Realm The Articles are 43. in number The 20 21 26 30 35 47 42 43. contain his illegal arbitrary practices and proceedings to the subversion of the due course and order of his Graces Laws to the undoing of a great number of his loving people Whereupon they pray Please therefore your most excellent Majesty of your excellent goodness towards the Weal of this your Realm and Subjects of the same to see such order and direction upon the said Lord Cardinal as may bee to terrible example of others to beware to offend your Grace and your Lawes hereafter And that he be so provided for that he never have any power jurisdiction or authority hereafter to trouble vex or impoverish the Commonwealth of this your Realm as he hath done heretofore to the great hurt and dammage of every man almost high and low His * poysoning himself prevented his Iudgment for these his practises 7. The b Statute of 1. Marie● 12. Enacts that if 12. or more shall endeavour by force to alter any of the laws or statutes of the Kingdome the offender shall from the time therein limited be adjudged ONELY AS A FELON whereas it was Treason before but this act continuing but till the next Parliament and then expiring the offence remains Treason as before 8. In the a 39. of Queen Elizabeth divers in the County of Oxford consulted together to go from house to house in that County and from thence to London and other parts to excite them to take arms for the throwing down of inclosures throughout the Realm nothing more was prosecuted nor assemblies made yet in Easter Term 39. Elizabeth it was resolved by all the Judges of England who met about the case That this was High Treason and a levying Warre against the Queen because it was to throw down all inclosures throughout the Kingdome to which they could pretend no right and that the end of it was to overthrow the Laws and Statutes for Inclosures Whereupon BRADSHAW and BVRTON two of the principall offenders were condemned and executed at Aic●ston Hill in Oxfordshire where they intended their first meeting 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 16●0 1641 b The whole House of Commons impeached Thomas Earle of Stafford Lord Deputy of Ireland of high Treason amongst other Articles for this crime especially wherein all the other centred that he Treasonably endeavoured by his Words actions and Counsels to subvert the Fundamentall Lawes of ENGLAND and IRELAND and introduce an arbitrary and Tyrannicall Government This the whole parliament declared and adjudged to be High treason c in and by their votes and a speciall act of parliament for his attainder for which he was condemned and soon after executed on Tower Hill as a traytor to the King and Kingdome May 2● 1641. 10. The whole House of Common● the same Parliament impeached William L●●d archbishop of Canterbury of HIGH TREASON in these 〈…〉 1646. First that he hath traytorously endeavoured 〈…〉 Fundamental Lawes and Government of this Kingdome of England and instead thereof to introduce an Arbitrary and Tyrannical Government against Law And hee to that end hath wickedly and Traiterously advised his Majesty that hee might at his own will and pleasure levy and take Money of his Subjects without their consent in parliament and this hee affirmed was warrantable by the Law of God Secondly He hath for the better accomplishment of that his Trayterous design advised and procured Sermons and other Discourses to be preached printed and published in which the authority of parliaments and the force of the Laws of this Kingdome have been denyed and absolute and unlimited power over the persons and estates of his Majesties Subjects maintained and defended not onely in the King but in himself and other Bishops against the Law Thirdly he hath by Letters Messages Threats and promises and by divers other ways to Judges and other Ministers of Justice interrupted perverted and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of Justice in his Majesties Courts at Westminster and other Courts to the subversion of the LAWES of this KINGDOME whereby sundry of his Majesties Subjects have been stopt in their