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	lord_n	sir_n	20,088	5	6.7459	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91263	A seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all English freemen (their best inheritance, birthright, security, against arbitrary, tyrannicall, and Egyptian burdens) and of their strenuous defence in all former ages; of late years most dangerously undermined, and almost totally subverted, under the specious disguise of their defence and future establishment, upon a sure basis, their pretended, greatest propugners. Wherein is irrefragably evinced by Parliamentary records, proofs, presidents, that we have such fundamentall liberties, ... that to attempt or effect the subversion of all or any of them, ... is high treason: ... / By William Prynne of Swainswick, Esquire.; Seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all English freemen. Part 1	Prynne, William, 1600-1669.	1654 (1654)	Wing P4062; Thomason E812_10; ESTC R207634	45,225	63

the death of the Dukes of Glocester Lancaster and other Peers who maintained the Commission confirmed by act of Parliament X. R. 2. and assembling people in a warlike manner in the County of Chester for the effecting of it in destruction of the Estates of the Realm and OF THE LAWES OF THE KINGDOME 4. In the 29. year of King Henry the sixth Jack Cade under a pretence to REFORM alter and abrogate some Laws Purveyances and extortions importable to the Commons wherupon he was called JOHN AMEND ALL drew a great multitude of Kentish people to Black Heath in a warlike manner to effect it in the Parliament of 29. H. 6. c. 1. this was adjudged High Treason in him and his Complices by act of Parliament and the Parliament of 31. H. 6. c. 1. made this memorable Act against him and his Imitators insucceeding ages worth serious perusall and consideration by all who tread in his footsteps and over-act him in his Treasons Whereas the most abominable Tyrant horrible odious and errant FALSE TRAITOR John Cade calling himself sometimes Mortimer sometime Captain of Kent which Name Fame Acts and Feats to be removed out of the speech and mind of every faithfull Christian man perpetually falsly and trayterously purposing and imagining the perpetual destruction of the KINGS PERSON and FINALL SVBVERSION OF THIS REALM taking upon him * And have not others of late assumed to themselves more Royal power than he resolved to be Treason by 21. E. 3. Rot. Parl. n. 15. ROYALL POWER and gathering to him the Kings people in great number BY FALSE SUBTIL IMAGINED LANGUAGE and seditiously made a stirring Rebellion and insurrection VNDER COLOVR OF JVSTICE FOR REFORMATION OF THE LAWS OF THE SAID KING robbing slaying spoiling a great part of his faithfull people Our said Soveraign Lord the King considering the premises with many other which were more odious to remember by advice and assent of the Lords spirituall and Temporall and at THE REQUEST OF THE COMMONS and by authority aforesaid hath ordained and established that the said John Cade shall be had named and declared A FALSE TRAYTOR to our said Soveraign Lord the King Nota. 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 * To wit by Cade and his confederates for the alteration of the Laws c. 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 Conscience and against his Royall estate and preheminence and also DISHONOVRABLE andVNREASONABLE 5. In the a See Mr. St. Iohns Argument against Strafford p. 178. Halls Chronicle and Hollinshed 8 year of King Henry the 8. William Bell and Thomas Lacy in the County of Kent conspired with Thomas Cheyney the Hermite of the Queen of Fairies TO OVERTHROW THE LAWS AND CVSTOMES 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 adjudged high Treason and some of them executed as Traytors Moreover it b Cooks 3. institutes p. 9. 10. was resolved by all the Judges of in the reign of Henry 8. 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 offendors took upon them THe REFORMATION THEREOF which Subjects by gathering of power ought not to do a Cooks 4. Institutes ch 8. p. 89. to 96. 6. On December 1. in the 21. year of King Henry the 8. Sir Thomas Moore Lord Chancellour of England with 14. more Lords of the Privy Councel John Fitz-James Chief Justice of England and Sir Anthony Fitzherhert 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 wayes and fashions committed High treason and NOTABLE GRIEVOUS OFFENCES misusing Altering and subverting the order of his Graces Lawes and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royall to the inestimable great hinderance diminution and decay of the uniuersall Wealth of this his Graces Realm The Articles are 43. in number The 20 21 26 30 35 37 42 43. contain his illegall arbitrary practices and proceedings to the subversion of the due course and order of his Graces Lawes to the undoing of a great number of his loving people Whereupon they pray Please therefore your most excellent Majesty of your excellent goodnesse towards the Weal of this your Realm and Subjects of the same to see such order and direction upon the said Lord Cardinall As may be to terrible example of other 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 Common wealth of this your Realm as he hoth done heretofore to the great hurt and dammage of every man almost High and low * See Speed Holished Grafton Stow Antiquitates Ecclesiae Brit. p. 378. 379. and Goodwin in his life time His poysoning himself prevented his judgement for these his Practises b M. St. Iohns Argument against Strafford 7. The Statute of 1. Marie c. 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 a Cook 3 Inst c. 1. 9 10. and M. St. Iohns Argument at Law against Strafford p. 15 16. 8. In the 39. of Queen Elisabeth 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. Elisabeth 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 BURTON two of the principall offenders were condemned and executed

In times of sudden danger by the Invasion of an enemy it will disable his Majesty to preserve himself and his Subjects from that danger When war threatens a Kingdome by the coming of a forreign enemy it is no time then to discontent the people to make them weary of the PRESENT GOVERNMENT and more inclinable to a change The Supplies which are to come in this way will be unready uncertain there can be no assurance of them no dependence upon them either for time or proportion And if some money be gotten in such a way the Distractions the Divisions Distempers which this cause is apt to produce will be more prejudiciall to the publick safety than the Supply can be advantageous to it 6. This crime is contrary to the Pact and Covenant between the King and his people by mutuall agreement and stipulation confirmed by OATH on both sides 7. It is an Offence that is contrary to the ends of Government 1. To prevent Oppressions to * Was ever their power violence so unlimited unbounded in all Kinds as now limit and restrain the excessive power and violence of great Men to open passages of Justice with indifference towards all 2. To preserve men in their Estates to secure them in their Lives and Liberties 3. That vertue should be cherished and vice suppressed but where Laws are subverted and arbitrary and unlimited power set up a way is open not onely for the security but for the Advancement and Incouragement of evil Such men as are * Is it not most true of late and still aptest for the execution and maintenance of this power are onely capable of Preferment and others will not he Instruments of any unjust Commands who make conscience to do any thing against the Law of the Kingdome Nota. and Liberties of the Subject are not only not passable for imployment but SUBJECT TO MUCh JEALOUSIE and DANGER Is not this their Condition of late and present times expertus loquor 4. That all Accidents and events all Counsels and Designs should be improved to the publick good But this arbitrary power is apt to dispose all to the maintenance of it self And is it not so now 8. The Treasons of Subersions of the Lawes violation of Liberties can never be good or justifiable by any circumstance or occasion being evil in their own nature how specious or good soever they be pretended He alledgeth it was a time of GREAT NECESSITY and DANGER Nota. when such Counsels were necessary FOR THE PRESERVATION OF THE STATE the Plea since and now used by others who condemned him If there were any NECESSITY IT WAS OF HIS OWN MAKING He by his evil Counsel had brought the King as others the Kingdome since into a necessity and by no Rules of Justice can be allowed to gain this advantage to his Justification which is A GREAT PART OF HIS OFFENCE 9. As this is Treason in the nature of it so it doth exceed all other Treasons in this that in the Design and endevour of the Authour it was to be A CONSTANT and PERMANENT TREASON a standing perpetual Treason which would have been in continuall Act not determined within one time or age but transmitted to Posterity even from Generation to Generation And are not others Treasons of late times such proclaimed such in and by their own Printed Papers and therein 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 SETLED FRAME AND CONSTITUTION OF GOVERNMENT IN ANY STATE Let those consider it who are guilty of it in the highest Degree beyond Strafford Canterbury or the Shipmony Judges in our own State The Lawes whereby all parts of a Kingdome are preserved should be very vain 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 * And others as well as he of farre inseriour place and Estate 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 blood 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 years it was not for want of Law but that all that time had not bread a man * But have not our times bred men much bolder then he since this Sp●ech was made and he executed 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 * Since he hath many followe●s ONELY MAN that in so long a time hath ventured UPON SUCH A TREASON AS THIS ' Thus far M. 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 endevoured to subvert the Fundamentall Lawes Liberties of England and Ireland and to introduce an arbitrary and Tyrannicall Government against Law as much as ever Strafford did and out stripped him therein even 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 in 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 Shipmony upon Judge Finches Impeachment of High Treason January 14. 1640. printed by the Commons Order London 1641. wherein he declares the sense of the Commons p. 12. c. ' That by the Judges Opinions forecited concerning Shipmony 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 * Have none done so since them EXECVTIONERS OF THEM they have endevoured THE DESTRVCTION OF THE FVNDAMENTALS 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 See chap. 2. even Forreign Authours as Comines observes Proposition 1. That the Statute DE TALLAGIO and the other old Laws are the Sea walls and Banks which keep the Commons from the innundation of the Prerogative These

and in new illegall Military or other Arbitrary Judicatories Committees or Courts of High Justice unknown to our Ancestors 3. That no Freeman of England unlesse it be by Speciall Grant and Act of Parliament may or ought to be compelled enforced pressed or arrayed to go forth of his own Countrey much lesse out of the Realm into forreign parts against his will in times of Warre or Peace or except he be specially obliged thereto by ancient Tenures and Charters save onely upon the sudden coming of strange enemies into the Realm and then he is to array himself onely in such sort as he is bound to do by the ancient Laws and Customes of the Kingdome still in force 4. That no Freeman of England may or ought to be disinherited disseised dispossessed or deprived of any inheritance Freehold Liberty Custome Franchise Chattle Goods whatsoever without his own Gift Grant or free Consent unlesse it be by lawfull Processe Triall and Judgement of his Peers or special Grant by act of Parliament 5. That the old received Government Lawes Statutes Customes Priviledges Courts of Justice legal Processe of the Kingdome and Crown ought not to be altered repealed suppressed nor any new form of Government Law Statute Ordinance Court of Judicature Writs or legal Proceedings instituted or imposed on all or any of the Free-men of England by any Person or Persons but onely in and by the Kingdomes free and full consent in a lawfull Parliament wherein the Legislative Power solely resides 6. That Parliaments ought to be duly summoned and held for the good and safety of the Kingdome every year or every three years at least or so often as there is just occasion That the Election of all Knights Citizens and Burgesses to sit and serve in Parliament and so of all oother 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 or secluded thence And that all Parliaments not thus duly summoned elected whilst held but unduly packed and all Acts of Parliament fraudulently and forcibly procured by indirect means ought to be nulled repealed as void and of dangerous president 7. That neither the Kings nor any Subjects of the Kingdome 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 8. That all Subjects of the Realm are obliged by Allegiance and duty to defend their Lawfull 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 discharged of all vexation trouble or losse 9. That no publick Warre by Land or Sea ought to be made or levied with or against any Forreign Nation or Publick Truce or League entred into with Forreign Realms or States to bind the Nation without their Common advice and consent in Parliament 10. That the ancient Honours Manors Lands Rents Revenues Inheritances Right and perquisites of the Crown of England originally settled thereon for the Ease Exemption of the people from all kind of Taxes payments whatsoever unlesse in cases of extraordinary necessity and for defraying all the constant ordinary expences of the Kingdome as the expences of the Kings houshold Court Officers Judges Embassadors Garisons Navy and the like ought not to be sold alienated given away or granted from it to the prejudice of the Crown and burdening of the people And that all Sales Alienations Gifts or Grants thereof to the empairing of the publick 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 frequently been in all former ages For the Readers fuller satisfaction in each of these propositions some of which I must shew here but briefly touch for brevity sake having elsewhere fully debated them in print I shall specially recommend unto him the perusall of such Tractates and Arguments formerly published wherein each of them hath been fully discussed which he may peruse at his best leasure The first of these Fundamentalls which I ●ntend principally to infist on is fully asserted debated confirmed by 13. H. 4. f. 14. By Fortescue Lord Chief Justice and Chancellour of England de laudibus Legum Angliae dedicated by him to King Henry the 6. f. 25. c. 36. f. 84. By a learned and necessary Argument against impositions in 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 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 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 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. 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 Subditis Semper in durioris Servitutis conditiones arripiat licet à principio Ducedinem prurientibus spirare videatur Ideo cunctis hoc cavendum Nè temerè se duci patiantur FINIS