Selected quad for the lemma: england_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
england_n john_n king_n lord_n 19,972 5 4.1650 3 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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

There are 6 snippets containing the selected quad. | View lemmatised text

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
established by a Law consented to by your Majesty is in effect denied to be a Parliament c. And hereupon we think our selves bound to let your Majesty know That since the * continuance of this Parliament is setled by a Law which as all other Laws of your Kingdom your Majesty is sworn to maintain as we are sworn to our Allegiance to your Majesty these Obligations being reciprocal we must in duty and accordingly are resolved with our lives and fortunes to defend and preserve the just Rights and full Power of this Parliament To which the Earl of Essex then General by both Houses direction in his Letter to the Earl of Forth Jan. 30. 1643. adds this Corollary My Lord the maintenance of the Parliament of England and the Priviledges thereof is that for which we are all resolved to spend our bloud as being THE FOUNDATION WHEREON ALL OUR LAWS and LIBERTIES ARE BUILT Which both the Lords and Commons assembled in Parliament in their Declaration of 23. Martii 1643. touching their proceedings upon his Majesties Letter concerning a Treaty of Peace wherein this Earls former Letter is recited thus second The Parliament of England is the only Basis the chief Support and Pillar of our Laws and Liberties c. And if notwithstanding all these Obligations the King shall * at his pleasure dissolve this Parliament the Kingdom is not only deprived of the present but made uncapable of enjoying the benefit of any future Parliament or Laws any longer then shall stand with the will and pleasure of the King and consequently THE FUNDAMENTALS OF ALL OUR LAWS GOVERNMENT ARE SUBVERTED Let the Parliament-dissolving officers Army and their Confederates seriously ponder this with all who shall hereafter sit in Parliament consider it in the first place The eleventh is the a Ordinance of both Houses of Parliament 13. Junii 1644. for the Forces raised in the County of Salop which begins thus The Lords and Commons assembled in Parliament taking into their serious considerations the great oppressions under which the Inhabitants of the County of Salop by reason of insupportable Taxes c. and the present condition of the County by reason of the great number of Irish Rebels that have invaded it and joyned with Papists and other ill-affected persons now in those parts doth threaten the extirpation of the Protestant Religion and the subversion of the FUNDAMENTAL LAWS and GOVERNMENT of the Kingdom For prevention whereof c. The twelfth is b A Declaration of the Commons of England assembled in Parliament 17 Aprilis 1646. of their true intentions concerning the ANCIENT FUNDAMENTAL GOVERNMENT OF THE KINGDOM securing the people against ALL ARBITRARY GOVERNMENT c. wherein they complain that the Enemy being in despair to accomplish his designs by War do misrepresent our intentions in the use we intended to make of the great Successes God hath given us and the happie opportunity to settle Peace and truth in the three Kingdoms to beget a belief that we now desire to exceed or swerve from our first Aims and Principles in the Undertaking of this War and to recede from the Solemn League and Covenant and Treaties between the two Kingdoms and that we would prolong these uncomfortable troubles and bleeding Distractions IN * ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION FRAME OF THIS KINGDOM to leave all Government in the Church loose and unsetled and our selves to exercise THE SAME ARBITRARY POWER OVER THE PERSONS ESTATES OF THE SUBJECTS which this present Parliament hath thought fit to abolish by taking away the Star-Chamber High Commission and other Arbitrary Courts and the exorbitant Power of the Councel Table all which we have seen since experimentally verified in every particular in the highest degree notwithstanding this Declaration by some in late and present Power notwithstanding this Publication All which being seriously considered by us c. We do declare THAT OUR TRUE REAL INTENTIONS ARE OUR ENDEAVOR SHALL BE to settle Religion in the purity thereof * TO MAINTAIN THE ANCIENT FUNDAMENTAL GOVERNMENT OF THIS KINGDOM TO PRESERVE THE RIGHTS LIBERTIES OF THE SUBJECT to lay hold on the first opportunity of procuring a safe and well-grounded Peace in the three Kingdoms and to keep a good understanding between the two Kingdoms of England and Scotland according to the grounds expressed in the Solemn League and Covenant And lest these Generals should not give a sufficient satisfaction we have thought fit to the end men might no longer be abused in a misbelief of our intentions or a misunderstanding of our actions to make this further enlargement upon the particulars And first concerning Church-Government c. because we cannot consent to the granting of an Arbitrary and unlimited Power and Jurisdiction to neer ten thousand Judicatories to be erected within this Kingdom and this demanded in such a way as is not consistent with THE FUNDAMENTAL LAWS GOVERNMENT OF THE SAME c. our full Resolutions still are sincerely really and constantly to endeavour the Reformation of Religion in the Kingdoms of ENGLAND IRELAND in Doctrine Worship Discipline and Government according to the Word of God and the example of the best Reformed Churches and according to the Covenant WE ARE * SO FAR FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOM BY KING LORDS COMMONS That we have only desired that with the consent of the King such Power may be setled in the TWO HOUSES without which we can have no assurance but that the like or greater mischiefs then those which God ●ath hitherto delivered us from may break out again and engage us in a second and more destruct● ve War whereby it plainly appears OUR INTENTIONS ARE NOT TO CHANGE THE ANCIENT FRAME OF GOVERNMENT WITHIN THIS KINGDOM but to obtain the end of the Primitive Institution of all Government THE SAFETY WEAL OF THE PEOPLE not judging it wise or safe after so bitter experience of the bloudy Consequences of a * pretended Power of the Militia in the King to leave any colourable autho●ity in the same for the future attempts of introducing AN ARBITRARY GOVERNMENT OVER THIS NATION We do declare That we will not nor any by colour of any Authority derived from us shall interrupt the † ordinary course of Justice in the several Courts and Judicatories of this Kingdom nor intermeddle in cases of private interest otherwhere determinable unless it be in case of Male-Administration of Justice wherein we shall see and provide that Right be done and punishment inflicted as there shall be occasion ACCORDING TO THE LAWS OF THE KINGDOM Lastly Whereas both Nations have entred into a Solemn League and Covenant we have and EVER SHAL BE VERY CAREFUL DULY TO OBSERVE THE SAME That as nothing hath been done SO NOTHING SHALL BE DONE BY US REPUGNANT TO THE TRUE MEANING AND INTENTION THEREOF c. WHO WILL NOT DEPART FROM THOSE GROUNDS
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 The seventh is The Vote of the a whole House of Commons 16. December 1640. Nullo contradicente entred in their Journal and printed in Diurnal Occurrences p. 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 contained divers things tending to Faction and Sedition The eighth Authority is b The Votes of both Houses of Parliament concerning the security of the Kingdom 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 of his Majesties refusal the Ordinance agreed on by both Houses for the Militia doth oblige the people and ought to be obeyed by THE FUNDAMENTAL LAWS OF THIS KINGDOM A very vain false absurd and delusory Vote if there be no such Laws as some now affirm The ninth punctual Authority is a A second Declaration of the Lords and Commons assembled in Parliament concerning the Commission of Array printed by their special Order of 12 Januarii 1642. wherein are these observable passages The main drift of 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 Subjects 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 Majestie shall impose upon his Subjects upon pretence of Defence of the Kingdom for there is the same reason of Law for any other Charge that is pretended for Defence as for this If his Majestie 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 Bulworks and after to maintain them with Garisons 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 as all other Lawes that have been made for the Subjects benefit against Taxes and other Charges either in this or any other Parliament These Positions thus laid down and maintained DO SHAKE THE FUNDAMENTAL LAWS OF THE KINGDOM 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 compel his Subjects to defend it without Parliaments If these grounds should hold what need the Subjects grant Subsidies in Parliament for Defence of the kingdom in time of real danger if the king for defence at any times when he shall only 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 FUNDAMENTAL LAWS OF THE LAND both for PROPERTY OF GOODS AND LIBERTY OF PERSON c. 2. 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 after so many Declarations and solemn Protestations made by his Majesty to rule by the known Laws of this Land his Majesty by advice of his ill-Councellors should be perswaded to set such a Commission on foot which is so clearly contrary TO THE FUNDAMENTAL LAWS OF THIS LAND the Right of Property and Liberty of the Subject contrary to form●r Resolutions of Parliament and to the Petition of Right I am certain the generality of the Nation are now as much and more aggrieved that some who were Parties to this Declaration and others who have made as many or more Declarations and Protestations as his Majesty ever did to rule by the known Laws of the Land should since this far exceed his Majesty in the like or more exorbitances in the Militia Excises Taxes Impositions Imprisonments arbitrary extravagant proceedings and capital executions in new-erected Courts of Injustice as diametrically contrary as the Kings Commissions of Array to the Fundamental Laws of the Land four times together so stiled and insisted on as such in this one Declaration of both Houses the Right of Property of the Subject contrary to former Resolutions and the Petition of Right yea which is most abominable to their own Declarations Remonstrances Votes Protestations Vows Solemn Leagues and Covenants in Parliament to their own eternal Infamy as well as the peoples intolerable oppression and Slavery who thereupon may justly conclude and protest against them as both Houses did in the close of that Declaration against the Array viz. * And the Lords and Commons do and shall adhere to their former Votes and Resolutions That all those that are Actors in putting of this Commission of Array in execution shall be esteemed disturbers of the Peace of the Kingdome and the Properties and Liberties of the Subject The tenth evidence is a the Vote and Letter of both Houses of Parliament sent to his Majesty at Oxford 9. March 1643. in answer to his Majesties of the third of March wherein there is this passage We the Lords and Commons assembled in the Parliament of England c. have resolved with the concurrent advice and consent of the Commissioners of Scotland to represent to your Majesty in all humility and plainness as followeth That this present Parliament convened according to the known and FUNDAMENTAL LAWS OF THE KINGDOM the continuance whereof is
exceeding Straffords 10. As it is a crime Odious in the nature of it so it is odious in the Judgement and Estimation of the Law TO ALTER THE SETTLED FRAME AND CONSTITUTION OF GOVERNMENT IN ANY STATE Let those consider it who are guilty of it in the Highest Degree beyond Strafford Canterbery or the Shipmoney Judges in our own State The Lawes whereby all parts of a Kingdom are preserved should be very vaine and defective if they had not a Power to secure and preserve themselves The Forfeitures inflicted for Treason by our Law are of Life Honour and Estate even all that can be forfeited and this Prisoner although he should * pay all these Forfeitures will still be a Debtor to the Common wealth Nothing can be more equall then that he should perish by the Justice of the Law which he would have subverted Neither will this be a New way of blo●d There are marks enough to trace this Law to the very Originall of this Kingdome And if it hath not been put in execution as he alledgeth this 240 yeares it was not for want of Law but that all that time had not bred a man * bold enough to commit such crimes as these Which is a circumstance much aggravating his Offence and making him no lesse liable to punishment because he is THE * ONELY MAN that in so long a time hath ventured UPON SUCH A TREASON AS THIS Thus far Mr. John Pym in the Name and by the Order and Authority of the whole Commons House in Parliament which I wish all those who by their Words Actions Counsels and printed Publications too have trayterously endeavored to subvert the Fundamentall Lawes Liberties of England and Ireland and to introduce an arbitrary and Tyrannical Government against Law as much as ever Strafford did and out stripped him therein ever since his execution in all particulars for which he was beheaded would now seriously lay to heart and speedily reform lest they equall or exceed him conclusion in Capitall punishments for the same or endlesse Hellish Torments The next Authority I shall produce in point is The speech and declaration of Mr. Oliver St. John at a Conference of both Houses of Parliament concerning Ship-mony upon Judge Finches Impeachment of High Treason January 14. 1640. printed by the Commons Orders London 1641. wherein he declares the sense of the Commons p. 12. c. That by the Judges Opinions forecited concerning Ship-mony THE FUNDAMENTAL LAWS OF THE REALM CONCERNING OUR PROPERTY and OUR PERSONS ARE SHAKEN Whose Treasonable Offence herein he thus aggravates p. 20. c. The Judges as is declared in the Parliament of 11 R. 2. are the Executors of the Statutes and of the Judgements and Ordinances of Parliament They have here made themselves the * EXECVTIONERS OF THEM they have endevoured THE DESTRVCTION OF THE FVND AMENTALS OF OVR LAWS and LIBERTIES Holland in the Low-Countries lies under the Sea the Superficies of the Land is lower than the Superficies of the Sea It is Capitall therefore for any man to cut the Banks because they defend the Country Besides our own even Forreign Authors as Comines observes That the Statute DE TALLAGIO and the other old Laws are the Sea walls and Banks which keep the Commons from the inundation of the Prerogative These * Pioners have not onely undermined these Banks but they have levelled them even with the ground If one that was known to be Hostis Patriae had done this thought the Dammage be the same yet the Guilt is lesse but the Conservatores Riparum the overseers instructed with the Defence of these Banks for them to destroy them the breach of Trust aggravates nay alters the nature of the offence Breach of trust though in a private Person and in the least things is odious amongst all men much more in a publick Person in things of great and publick concernement because * GREAT TRUST BINDS THE PARTY TRUSTED TO GREATEST CARE AND FIDELITY It is TREASON in the Constable of Dover-Castle to deliver the Keys to the known enemies of the Kingdome because the Castle is the Key of the Kingdome whereas if the house-keeper of a private person deliver possession to his Adversary it is a crime scarce punishable by Law The * Judges under his Majesty are the Persons trusted with the Laws and in them with the Lives Liberties and Estates of the whole Kingdome This Trust of all we have if primarily from his Majesty and * in him delegated to the Judges His Majesty at his Coronation is bound by his Oath TO EXECUTE JUSTICE TO HIS PEOPLE ACCORDING TO THE LAWS thereby to assure the people of the faithfull performance of his Great Trust His Majesty again as he trusts of Judges with the performance of this part of his Oath so doth he likewise exact another Oath of them for their due execution of justice to the people according to the Laws hereby the Judges stand intrusted with this part of his Majesties Oath If therefore the Judges shall do wittingly against the Law they do not onely break their own oaths and therein the Common Faith and trust of the whole Ki●●dome but do as much as in them lies sperse and blemish the sacred Person of his Majesty with the odious and hateful fin of * Perjury My Lords the hainousnesse of this offence is most legible in the * severe punishment which formour ages have inflicted upon those Judges who have broken any part of their Oaths wittingly though in things not so dangerous to the Subject as in the case in question * Sir Thomas Wayland Chief Justice of the Common-pleas 17 E. 1. was attainted of Felony for taking bribes and his Lands and goods forefeited as appears in the Pleas of Parlament 18 E. 1. and he was banished the Kingdome as unworthy to live in the State against which he had so much offended * Sir William Thorp Chief Justice of the Kings Bench in Edward the thirds time having of five persons received five severall Bribes which in all amounted to one hundred pounds was for this alone adjudged to be hanged and all his goods and Lands forfeited The reason of the Judgement is entered in the Roll in these words Quia praedictus Wilielmus * Throp qui Sacramentum Domini Regis erga populum suum habuit ad custodiendum fugit malitiosè falsò rebeliter quantum in ipso suit There is a notiable declaration in that Judgement that this Judgement was not to be drawn into example against any other officers who should break their Oaths but onely against those qui predictum Sacramentum fecerunt fregerunt * habent Leges Angliae ad custodiendum That is onely to the Judges Oaths who have the Laws intrusted unto them This Judgement was given 24. E. 3. The next year in Parliament 25 E. 3. Numb. 10. it was debated in Parliament whether this Judgement was legall
that judgest for wherein thou judgest another thou CONDEMNEST THY SELF FOR THOU THAT JUDGEST DOEST THE SAME THINGS But we are sure that the judgement of God is according to truth against them which commit such things And thinkest thou this O man that judgest them which do such things and doest the same that thou shalt escape the Judgment of God 3. To excite all Lawyers expecially such who of late times have taken upon them the stile and power of Judges to examine their consciences actions how far all or any of them have been guilty of these crimes and Treasons so highly agravated and exemplarily punished of former and latter times in corrupt cowardly time-serving degenerate Lawyers and Judasses rather then Judges to the disgrace of their Profession and prejudice of the Fundamentall Lawes Liberties Rights Priviledges of our Nation Peers Parliaments subversion of the Fundamentall Government of this famous Kingdome whereof they are Members 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 Lieutenam Colonel Lilburn tryed and cast and other forementioned publications who pro●es●edly set themselves by words writing Counsels and overt Acts to subvert both our old Fundamentall and all other Laws Liberties Customes Parliaments and Government what transcendent Malefactors Traytors and Enemies they are to the publick and what Capitall punishments they may thereby incurre as well as demerit should they be legally prosecuted for the same and thereupon to advise them timely to repent of and desist from such high Treasonable Attempts 5. To clear both my self and this my seasonable Defence of our Fundamentall Lawes Liberties Government from the least suspition or shadow of Faction Sedition Treason and Enmity to the publick peace weal settlement of the Nation which those and those only who are most Factions and sediditious and the greatest Enemies Traytors to the publick tranquility weal and establishment of our Kingdome as the premises evidence will be ready maliciously to asperse both me and it with as they have done some other of my writings of this nature with all which they must first brand Mr. St. John Mr. Pym the whole House of Commons the last two with all other Parliaments forecited ere they can accuse traduce or censure me who do but barely relate apply their words and judgments without malice or partiality for the whole Kingdomes benefit and security To these punctuall full Jury of Records and Parliamentary Authorities in point I could accumulat Sir Edward Cook his 3. Institutes p. 9. printed and authorised by the House of Commons speciall Order the last Parliament The severall Speeches of Mr. Hide Mr. Walker Mr. Pierpoint and Mr. Hollis July 6. 1641. at the Lords Bar in Parliament by order of the Commons House at the Impeachment of the Shipmony Judges of High Treason printed in Diurnall Oc●urrences and speeches in Parliament London 1641. p. 237. to 264. Mr. Samuel Browns Argument at Law before the Lords and Commons at Canterburies Attainder all manifesting their endevouring to subvert the Fundamentall Laws and government of the Nation to be HIGH TREASON with sundry other printed Authorities to prove That we have fundamental Laws Liberties Rights and a fundamentall Government likewise which ought not to be innovated violated or subverted upon any pretences whatsoever by any power or prevailing Faction But to avoid prolixity the double Jury of irrefragable and punctuall Authorities already produced being sufficient to satisfie the most obstinate Opposites formerly contradicting it I shall onely adde three swaying Authorities more wherewith I shall conclude this point The first is a very late one in a Treatise intituled A true State of the Common wealth of England Scotland and Ireland and the Dominions thereunto belonging in Reference to the late established Government by a Lord Protector and a PARLIAMENT It being the Judgement of DIVERS PERSONS who throughout these late troubles have approved themselves faithfull to the Cause and interest of God and their COUNTRY presented to the Publick for the satisfaction of others Printed at London 1654. who relating the miscarriages of the last Assembly at Westminster use these expressions of them p. 13 14 16 17 21 22. But on the contrary it so fell out in a short time that there appeared many in this Assembly of very contrary Principles to the interest aforesaid which led them violently on to attempt and promote many things the consequence whereof woul● have been A Subverting of the fundamentall Laws of the Land the Destruction of Property and an utter extinguishment of the Gospel In truth their Principles led them TO A PULLING DOWN ALL AND ESTABLISHING NOTHING So that instead of the expected settlement they were running out into FURTHER ANARCHY and CONFUSION As to the Laws and Civil Rights of the Nation nothing would serve them but A TOTALL ERADICATION OF THE OLD and INTRODUCTION OF A NEW and so the Good Old Laws of England the Guardians of our Lives and Fortunes established with prudence and confirmed by the experience of many Ages and Generations The Preservation whereof was a principall Ground of our late Quarrel with the King having been once abolished what could we have expected afterward but an inthroning of Arbitrary Power in the Seat of Judicature and an exposing of our Lives our Estates our Liberties and all that is dear unto us as a Sacrifice to the boundlesse Appetite of M●er 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 but this New Powder Treason Plot set on foot by the Jesuites and Anabaptists to destroy our Laws Liberties properties Ministers and Religion it self at one blow and that in the very Parliament House where they had been constantly defended vindicated preserved established in all former ages by all true English Parliaments The second is a The Votes of the House of Commons concerning a Paper presented to them entituled An agreement of the people for a firm and present peace upon grounds of Common Right 9. November 1647. viz. Resolved upon the Question That the matters contained in these Papers Are destructive to the being of Parliaments and to the Fundamentall Government of this Kingdome Resolved c. That a Letter be sent to the Generall and those Papers inclosed together with the Vote of this House upon them And that he be desired to examine the proceedings of
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 Shipmony both printed at London 1641. By the Case of Shipmony briefly discussed London 1640. by Mr. St. Johns Argument and Speech against Shipmony printed at London 1641. By Sir Edward Cook in his 1. Institutes p. 46. and 57. to 64. and 528. to 537. By the 1. and 2. Remonstrance of the Lords and 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 Shipmony London 1643. The fourth part of the Soveraign power of Parliaments and Kingdomes p. 14. to 26. and my Legall Vindications 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 la●gely 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. Ap●ilis 4. Ca●ol●printed at London 1642. By Sir Edward Cook in his Institutes on Magna Charta c. 29. p. 45. to 57. By the 1. and 2. Remonstrance of the Lords and Commons against the Commission of Array Exact Collection p. 386. c. 850. to 890. By Judge Crooks and Judge Huttons Arguments against Shipmony By Sir Robert Cotton his Posthuma p. 222. to 269. By my Breviate of the Prelates encroachments on the Kings Prerogative and Subjects Liberties p. 138. c. My new discovery of the Prelates tyranny p. 137. to 183. and some of the ensuing Statutes and Records The fifth and sixth of them are fully cleared and vindicated in and by the Prologues of all our Councils Statutes Laws before and since the Conquest By Sir Edward Cooks 4. Institutes ch. 1. Mr. Cromptons Jurisdiction of Courts Title High Court of Parliament My Soveraign power of Parliaments and Kingdomes p. 1 2 3 4. My Legal Vindication against illegal Taxes and pretended Acts of Parliament London 1649 Prynne the Member reconciled to Prynne the Barrester printed the same year My Historicall Collection of the ancient great Councils of the Parliaments of England London 1649. My Truth triumphing over Falshood Antiquity over Novelty London 1645. 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 Lawes and Rastals Abridgement of Statutes Tit. Provisors Praemunire and Rome 11. H. 7. c. 1. and other Records and Statutes in the ensuing Chapter The eighth and ninth are fully debated in my Soveraign Power of Parliaments and Kingdomes Part. 2. p. 3. to 34. Part fourth p. 162. to 170. and touched in Sir Robert Cottons Posthuma p. 174. to 179. How all and every of these Fundamentall Liberties Rights Franchises Lawes have been unparalelledly 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 Rapines violences Proceedings of all kinds whereof I shall give a brief accompt in its due place will sufficiently evidence if compared with the premised propositions Which abundantly confirm the truth of our Saviours words John 10. 1. 10. and this rule of Johannis Angelius Wenderhagen Politicae Synopticae lib. 3. c. 9. sect. 11. p. 310. Hinc Regulae loco notandum Quod omne Regnum Vi Armata acquisitum in Effectu Subdit is Semper in durioris Servitutis conditiones arripiat licet à principio Ducedinem prurientibus 〈◊〉 videatur Ideo cunctis hoc cavendum Nè temrè 〈◊〉 patiantur FINIS a Joh. 17. 17. 2 Cor. 6. 7. Eph. 1. 12. Ja. 1. 18 b 2 Sam. 22. 8 16. Iob 38. 4 6. Psal. 18 15. 102. 25. 1 4. 5. Prov. 8. 29. Isa. 24 18. 40 21. 48. 13. 51. 13 16. Ier. 31. 17. 24 Ephes. 4 4 Heb. 1. 10. 4. 3 9. 26. 1 Pet. 1. 20. c 1 King 5. 17 6. 37. 7. 9 10. Ezr. 4. 13 6 3. Ps. 137. 7. Ezek. 41. 8. Hag. 2. 8. Zech. 4 9 8. 9 Mat. 7 26 27. Luke 6. 48 49. d Isa. 28. 16. 54 11. Psal. 87. 1. 1 Cor. 3. 10 11 12. Heb. 11. 10. 1 Pet. 2. 6. Rev. 21. 14. 19. e 2 Tim. 1. 19. Heb. 6. 1 2. f Ier. 50. 15. Micah 1. 6 7. L●ke 6. 48 49. Mat. 7. 26 27. a Lib. tryed and cast p. 39 40 142 to 4● 154 Canne's Voice from the Temple which perswades the subversion and abolishing of all former Lawes especially for Tythes Ministers support a 2 Thes. 24 b See Exact Collect and a general Collect. 〈◊〉 Ordinances c. c See Culpeper's Lilly's Merlins Almanacks John Can's 2 Voice Lib. tried and cast with many Petitions and Pamphlets against the Law and Lawyers The Order of Aug. 19. 1653. That there should be a Committe selected to consider of a NEW BODY of the Law for the government of this Common-wealth * Summum jus est summa injuria Cic. de Offic●is p. 611. a Lib. tryed and cast p. 39. 40 142. to 148 and elsewhere John Can●●'s 2 Voice from the Temple John Rogers Mene 〈◊〉 Perex p 6. Lilly and Culpeper in their prognostication Anno 1653. 16 4 See the Arimies Proposals b See Math. Par●s p. 2. 6 Magna Chart. 9. 11. ● H. 3. c. 1. 38. 25 E. 1. c. 1 c. 28 E 1 c. 1 c Cook●s 2 Instit. p. 2. Not● See Prop. 1 6 in Chap 2. Nota. * See Cant. D●●m p 19 26 40. D●urn Occu● rences p. 13 See Propos. 1. in chap. 2. * O how are they now degenerated Nota. * And should they not be so now then * And shal we now at last fail herein ‖ How dare then any self-created powers who are neither Kings nor Parliaments now arrogate to themselves or exercise such a super-Regal arbitrary power and prerogative Nota. * And O that we would follow it now again Nota. * And do not those do so who now lay monthly Taxes Excizes Customs and New-Impost on us daily out of Parliament and that for many months and years yet to come against the Letter of their own Instrument and Oath too a See Canterburies Doom p. 19. Diurnal-Occurrences p. 13. b Exact Collection c. p. 112 113. See Chap. 2. P●oposition 3. 7. a Exact Collection p. 850. 854 887 888. * Do not the Army-Officers now enforce them to all this without a Parliament * These Expostulations reach to those at White-Hall now who presume to impose