universal liberty of exercising their Popish Religion throughout his Realms and Dominions and then to train up his Son under them in the Popish Religion To which not onely heretofore but now likewise they strenuously endeavour by all possible means to seduce him as appears more especially by Monsieur Militiere his late book dedicated to Him for that purpose to invite him to the Roman Catholick Faith Surely all these premised instances compared together and with that memorable passage of the English Jesuite Campian in his Concertatio Ecclesiae Catholicae or Epistle to Queen Elizabeths Councel Treviris 1583. p. 22. Velim sciatis quod ad Societatem nostram attinet omnes nos qui per totum Orbeni longe lateque diffusi sunt quarum est continua successio magnus numerus Sanctum foedus infisse nec quamdiu unus nostrum supererit studium consilia nostra intermissuros ad Reges Hereticos quovis modo tollendos as Hospinian relates and expounds his words and meaning Religionem vestram extingâ—ere Iampridem jacta est ratio inchoatum certamen nulla vis nullus Anglorum impetus superabit so as to hinder this their holy League and Covenant long since entred into To destroy take out of the way ruine all Protestant Kings throughout the World under the Notion of Hereticks by any means whatsoever and the Protestant Religion togetherwith them With a Copy of a Letter sent by an Independent Agent from Paris some few weeks before the Kings removal from the Isle of Weight by the Army-Officers declaring the Jesuites implacable Enmity to the King and to hereditary Monarchy throughout the World And an Express sent from Paris to the King himself some three dayes before his seisure and translation from Weight to this effect as I have heard from persons of Honour That the Jesuites at a general meeting in France had resolved by the power of their friends in England to seise on his Majesty bring him to justice and cut off his head because he had contrary to their expectation closed with the Parliament consented to the abolishing of Episcopacy and to five new Bills against Jesuites Popish Priests Mass Popery and all Popish Ceremonies in the last Treaty and advising Him to prepare for this new storm which within few days after fell upon him will sufficiently inform the world that the late unparallel'd capital proceedings against our Protestant King contrary to the Votes of both Houses of Parliament the Parliament Members Peers House and forced dissolved late Parliament too proceeded not from the Principles of our reformed Protestant Religion as this Monsieur in his printed Pamphlet would make his Reader the youg King to whom he dedicates it and all the World believe but from the Popes and Jesuites forecited Treasonable Opinions seconded with their clandestine Sollicitations and Practises and that they with some French Cardinals Jesuites as well as Spanish and English then present in England to promote their Designes were the chief original Contrivers Promoters of them whoever were the immediate visible Instruments as I have elsewhere more fully demonstrated for the wiping off this Scandal from our reformed Religion the sincere Professors of it who both abominated and protested against it in print 〈◊〉 Radolphus Hospinian in his excellent Historia Jesuitica l. 4. f. 244 245. reckons up these three prime causes of the Jesuites Regicides other Notorious Treasons The first is that blinde Obedience which they vow to their Superiours to execute with great celerity spiritual joy and perseverance whatever their Superiours shall enjoyne them by being perswaded That all their Cemmands are Iust to them by renouncing their own Opinion and Iudgement with a certain Blinde Obedience and by believing that those who live under Obedience are carried and governed by Divine Providence a word now most in use with our Army-Saints and Souldiers wholly infected with this Jesuitical Doctrine of Obedience by their Superiors whithersoever they shall suffer themselves to be carried or in what sort soever they shall be dealt with by them like a staffe in the hand of a man which readily obeys him that holds it wheresoever and in what thing soever he will please to use it especially when backed with a pretext of Necessity Religions Safety Publick Good Exemplary Justice and promoting the common Cause for which their Society was first instituted 2. That they hold themselves obliged to no Kings Princes or Civil Magistrates by any Oath of Allegiance but onely to the Pope and their Generals and therefore think themselves free and unable to commit any Treason at all against them although at the Popes and â—heir Superiours commands they still rise up against murder â—stroy them 3. That they deem those Kings Princes which the Pope and Jesuites or other learned men of their Religion or the common people shall deem Hereticks to be thereby wholly made uncapable of any Empires Kingdoms or Principalities or any other civil Diguity yea to be accursed Tyrants unworthy of the name of Kings that thereby their Subjects are totally absolved from the bond of Allegiance to them and that thereupon it is lawful to kill and destroy them and the murders of such are meritorious Now that these three Jesuitical Grounds and Principles infused into our Army-Officers and Souldiers by the Jesuites and their Instruments of late yeers against their Primitive Orthodox Positions Protestations Declarations Oaths Covenants Engagements backed with secret Avarice Ambition and Self-ends were the principal impulsive Causes of all the extravagant violent Proceedings both against the late King and Parliament not the loyal Principles of the Protestant Religion is apparent unto all the World by the Armies own Declarations of Nov. 16. and Decemb. 7. 1648. Their True State of the Commonwealth of England c. 1654. and other Pamphlets for their justification which all true Protestants blush at 〈◊〉 3. That the Jesuites ever since the Establishment of their Military Order under Ignatius their Martial General have been the principal Firebrands Bellows Instruments of kindling somenting raising continuing all the publick commotions wars seditions and bloody fewds that have happened in or between any Kings Kingdoms States Princes Soveraigns or Subjects throughout the Christians world and more particularly of all the Civil commotions wars in France Germany Transylvania Bohemia Hungary Russia Poland England Scotland and Ireland to the effusion of whole Oceans of Christian blood which one poetically thus expresseth Quicquid in Orbe mali passim Peccante Gradido est Quicquid turbarum tempora nostra vident Cuncta Sodalitio mentito Nomine Jesu Accepta Historiâ teste referre licet Itâ— modò vestrae celebrate Encaenia Sectae Militis inventum Loiolana cohors Yea it is well worthy observation what Jacobus Crucius a Jesuite Rector of the Jesuites Novices at Landsberge presumed to publish in his Explication of the Rules of the Jesuites Anno 1584. in these words The Father
reproach too vile but that we shall willingly goe through the one and undergoe the other That we and the WHOLE KINGDOME MAY ENJOY THAT HAPPINESSE which we cannot in an ordinary way of providence expect FROM ANY OTHER FOUNTAIN OR STREAM than those from whence were the poison of evil Councels once removed from about them no doubt but we and THE WHOLE KINGDOME SHOULD BE SATISFIED MOST ABUNDANTLY And on the contrary have they not fully and actually verified in respect of themselves and their Confederates in the Houses this Odious aspersion then only in prediction cast by the KING on the PARLIAMENT but by them at that time renounced with greatest detestation and drawn those sad consequences on the whole Kingdom wherewith both HOUSES conclude that Declaration in these words 7. That the Representative Body of the whole Kingdom since dissolved by the Army is a Faction of Malignant Schismatical ambitious Persons whose DESION IS AND ALWAYES HATH BEEN TO ALTER THE WHOLE FRAME OF GOVERNMENT BOTH OF CHURCH AND STATE AND TO SUBJECT BOTH KING AND PEOPLE TO THEIR OWN LAWLESSE ARBITRARY POWER AND GOVERNMENT and that they DESIGN THE RUINE OF HIS MAJESTIES PERSON and OF MONARCHY IT SELF and consequently that they are TRAITORS and all the Kingdome with them for their act is the act of the whole Kingdome And whether their punishment and ruine may not also INVOLVE THE WHOLE KINGDOM IN CONCLUSION AND REDUCE IT INTO THE CONDITION OF A CONQUERED NATION as some ARMY OFFICERS SOULDIERS openly averre we are now reduced to by and under them NO MAN CAN TELL BUT EXPERIENCE SHEWETH US and now we find it most true in the ARMY-OFFICERS COVNCELL SOVLDIERS THAT SVCCESSE OFTEN DRAWS MEN NOT ONELY BEYOND THEIR PROFESSION but also many times beyond their first intentions Surely as the Armies and their Confederates late proceedings in relation to themselves though not unto the forced dismembred dissolved Parliament and secured Members have fully verified this charge in every particular then reputed most false and scandalous which I thus press upon their consciences at this time and so largely insist on not to defame or asperse them to the world as many others do who apply that black Character of Ier. 9. 2. to 6. c. 12. 6. Rev. 3. 10. to 19. They are all an ASSEMBLY OF TREACHEROVS MEN Thine habitation is in the MIDST OF DECEIT c. Destruction and Misery are in their wayes and the way of Peace they have not known there is no fear of God before their eyes unto them in a more eminent manner as being really verified by their unparalleld exorbitances formentioned but to vindicate the Innocency Integrity of the Majority and secluded Members of both Houses against the scandalous printed aspersions of Militiere and other Papists to preserve and justifie the Honour of our Reformed Religion and of the most zealous Professors thereof to restore re-establish if possible the Priviledges the Freedom of all Future Parliaments much impaired endangered by their heady violent Proceedings and most pernicious Presidents to Posterity if not publikely abominated exploded by them or exemplarily punished to deterr all others from their future imitation to convince them by what Jesuitical Popish old Court-Principles Counsels Practises they have hitherto been misguided and to reclaim them as much as in me lieth for the future from the like destructive Practises for the publick Safety Peace Settlement of our distracted Kingdoms and do most earnestly beseech them as they are English-men Souldiers Christians seriously to repent of and lay to heart lest they perish eternally for them at last as likewise to take heed lest by teaching and instigating the Common Souldiers of the Army to suppresse oppresse betray the Parliament Kingdom People who raised payed and entrusted them only for their safeguard and defence they do not thereby instruct and encourage them at last to betray and destroy themselves it being a true observation of Seneca the Philosopher Aliquando Tyrannorum praefidia in ipsos consurrexerunt PERFIDIAMQVE ET IMPIETATEM ET FERITAREM ET QVICQVID AB ILLIS DIDICERANT IN IPSOS EXECRERVNT Quid enim potest ab eo quisquam sperare QVEM MALVM ESSE DOCVIT Non diu paret nequitia nec quantum jubetur peccat as we have seen by many late presidents So the Army-Officers Souldiers Great Successes in all their Wars Designs and forcible ill Proceedings against the King Parliament Kingdom Government Laws and Liberties as it hath caused them not only beyond their Professions but also beyond their first Intentions Commissions Protestations to forget that Gospel-precept given to Souldiers Luke 3. 14. to advance themselves to a more absolute Soveraign arbitrary Power over them than ever any Kings of England claimed or pretended to as their late Proceedings Remonstrances and transcendent Instrument of the Government of the three Kingdoms manifest so it hath been the principal Ground whereby they have justified all their unpresidented forementioned Exorbitances as lawfull commendable Christian and that which hath struck such a stupifying pannick fear such a stupendious cowardize baseness sottâ—shness into the Generality of the Nobility Gentry Ministery and Commons of our late most heroick English Naton that there is scarce a man to be found throughout the Realm of any Eminency though we should seek after him like Diogenes with a Candle that dares freely open his mouth against their most irregular illegal violent destructive arbitrary Proceedings Usurpations Innovations Oppressions Taxes Projects to the shaking and utter subverting of our ancient Fundamental Laws Liberties Rights Properties Parliaments Parliamentary priviledges Government and taking away of the very Lives of some and thereby endangering the Lives of all other English Freemen of all Degrees in mischristened High Courts of Justice Such a strange Charm is there in Success alone to metamorphise Men into meer temporising slavish sordid sotts and beasts yea to cause not only persons truly honourable but the very Devil himself and the worst of beasts to be wondred after applauded adored not only as Saints but Gods We read Rev. 13. of a Monstrous deformed BEAST to whom the Dragon the Devil gave his Power Seat and Great Authority whereupon all the world wondred after the Beast and worshipped not onely the Dragon that gave him power but the Beast likewise saying Who is like unto the Beast WHO IS ABLE TO MAKE WAR WITH HIM And there was given unto him a Mouth speaking Great things and blasphemies and power was given him to continue and make war forty and two months And power was given unto him to make war with the SAINTS AND TO OVERCOME THEM and power was given him over all Kindreds and Tongues and Nations And HEREVPON IT FOLLOWS all that dwell upon the earth shall worship him whose names are not written in the Lambs Book of Life And another Beast under him caused the earth and all that dwell therein to set up the Image of this Beast and to worship it and he
cloak their intentions from the people they took an Oath of all they met Quod Regi Communibus fidelitatem servarent that they should keep Allegiance and Faith to the King Commons Yea Wat Tyler demanded a Commission from the King to behead all Lawyers Escheaters and others whatsoever that were learned in the laws or communicated with the law by reason of their Office conceiving in his minde that this being brought to passe all things afterwards would be ordered according to his own and the common peoples fancy And he made his vaunt putting his hand to his own lips That before scure dayes came to an end ALL THE LAWS OF ENGLAND SHOULD PROCEED FROM HIS MOUTH Which some of late times seem to speak not only in words but deeds by their manifold new laws and Edicts repealing or contradicting our old This their resolution and attempt thus to alter and subvert the Laws and Government upon full debate in the Parliament of 5. R. 2. n. 30. 31. was declared to be High-Treason against the King and the Law for which divers of the chief Actors in this Treasonable Designe were condemned and executed as Traitors in severall places and the rest enforced to a publike submission then pardoned Let these imitators now remember this old President 2. In the Parliament of 11. R. 2. as appears by the Parliament Rols and printed Statutes at large three Privy Councellours the Archbishop of York the Duke of Ireland and the Earl of Suffolk the Bishop of Exeter the Kings Confessor five Knights six Judges whereof Sir Robert Tresylian Chief Justice was one Blake of the Kings Councel at Law Vsk and others were impeached and condemned of High Treason some of them executed as Traitors the rest banished their lands and goods forfeited and none to endeavour to procure their pardon under pain of Felony for their endeavouring to overthrow a Commission for the good of the Kingdome contrary to an Act of Parliament by force of Arms and opinions in Law delivered by these temporizing Judges and Lawyers to the King through threats and terrour at Nottingham Castle tending to subvert the Laws and Statutes of the Realm overthrow the Power Priviledges and proceedings of Parliament and betray not all the House of Lords but only some of the Lords of Parliament Which Judgement being afterwards reversed in the forced and packed Parliament of 21. R. 2. was reconfirmed in the Parliament of 1 H. 4. c. 3 4 5. and the Parliament of 21. R. 2. totally repealed and adnulled for ever and hath so continued Read Statut. at large 3. In the Parliament of 17 R. 2. n. 20. and Pas 17 R. 2. B. Regis Rot. 16. Sir Thomas Talbot was accused and found guilty of High Treason for conspiring the death of the Dukes of Glocester Lancaster and other Peers who maintained the Commission confirmed by Act of Parliament 10. R. 2 and assembling people in a warlike manner in the County of Chester for effecting of it in destruction of the estates of the Realm and the Laws 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 whereupon 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 in succeding ages worthy serious perusal 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 TRAYTOR John Cade calling himself sometimes Mortimer sometime Captain of Kent which Name Fame Acts and Feats be to be removed out of the speech and minde of every faithfull Christian man perpetually falsly and traiterously purposing and imagining the perpetuall destruction of the KINGS PERSON and FINAL SVBVERSION OF THIS REALM taking upon him ROYALL POWER and gathering to him the Kings People in great number BY FALSE SVBTIL IMAGINED LANGVAGE 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 Spiritual and Temporal 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 and that all his Tyranny Acts Feats false Opinions shall be voided abated adnulled destroyed and put out of remembrance for ever And that all Indictments and things depending thereof had and made under the power of Tyranny shall likewise be void adnulled abated repealed and holden for none and that the blood of none of them be defiled nor corrupted but by the Authority of the said Parliament clearly declared 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 or 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 minde 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 Royal estate and preheminence and also DISHONORABLE and UNREASONABLE 5. In the 8 year of King Henry the 8. William Bell and Thomas Lacy in the County of Kent conspired with Thomas Cheney the Hermite of the Queen of Fairies TO OVER THROW THE LAWS AND CUSTOMS OF THE REALM for effecting whereof they with 200 more met together and concluded upon a course of raising greater forces in Kent and the adjacent Shires This was judged High Treason and some of them executed as Traitors Moreover it was resolved by all the Judges of England in the reign of Henry 8. that an Insurrection against the Statute of Laborers or for the inhansing of Salaries and wages or against any Statute or to remove Councellors or to any other end pretending Reformation of their own heads was TREASON and a levying war against the King BECAVSE IT WAS GENERALLY AGAINST THE KINGS LAW and the Offenders took upon them THE REFORMATION THEREOF which Subjects by gathering of power ought not to do 6. On December 1. in the 21. year of King Henry the 8. Sr. Thomas Moore Lord Chancellour of England with fourteen more Lords of the Privy Councel John Fitz-James Chief Justice of England and Sir Anthony Fitz-Herbert Herbert
no sooner projected by some evil Malignant Jesuited Counsellers about the late King but it was presently condemned and crushed in the very shell when first intended to be set on foot in England by King Charls with the advise and consent of his privie Council at White-Hall by a Commission under the Great Seal of England dated the last of February 3 Caroli issued to thirty three Lords of his Majesties Privie Council and others which authorized commanded them to raise monies BY IMPOSITIONS OR OTHERWISE as they in their wisdoms should finde most convenient and that only for these publike uses THE DEFENCE OF THE KING KINGDOM PEOPLE and of the Kings Friends and Allies beyond the Seas then in such imminent danger that WITHOUT EXTREAMEST HAZARD OF THE KING KINGDOM PEOPLE KINGS Friends and Allies it could admit of no longer delay In which INEVITABLE NECESSITY form and circumstance must rather be dispenced with than the substance lost The Commissioners being thereupon specially injoyned to be diligent in the Service and not fail therein as they tender his Majesties Honour and THE SAFETY OF THE KING and PEOPLE This Commission was no sooner discovered but it was presently complained of by the whole Commons House in the Parliament of 3 Caroli and upon Conference with the Lords it was immediately Voted adjudged by both Houses without one dissenting voyce TO BEE EX DIAMETHRO AGAINST LAW and CONTRARY TO THE PETITION OF RIGHT after which it was cancelled as such in the Kings own presence by his consent order and then sent cancelled to both Houses for their satisfaction before ever it was put in execution and all Warrants for and memorials of it cancelled damned destroyed the Commons further urging That the Projector thereof might be found out by strict inquiry and EXEMPLARILY PVNISHED as the Parliament Journal attests notwithstanding all the specious pretences of inevitable necessity imminent danger and the defence safety of the whole Kingdom People King and his forreign Protestant Friends and Allies then in greater real danger than any now appearing This Original Parliamentary Doom Judgement against that New Monster of Excise was ratified approved pressed by both Houses of Parliament in the Cases of Ship-money and the Commission of Array as you may read at large in Mr. Oliver St. Johns Speech and Declaration delivered at a Conference of both Houses concerning Ship-money 14 January 1640. printed by the Commons Order p. 13. to 20. and The Lords and Commons second Declaration against the Commission of Array Exact collection p. 884 885. from which they then drew this positive conclusion fit to be now considered by our New Governours and the whole Nation THAT TO DEFEND THE KINGDOM IN TIME OF IMMINENT DANGER IS NO SUFFICIENT CAVSE for the King and his Council much less then for those who condemned suppressed them for Tyrants and Oppressors of the People TO LAY ANY TAX OR CHARGE UPON THE SUBJECTS WITHOUT THEIR CONSENT IN PARLIAMENT Yea the whole House of Commons was so zealous against this Dutch Devil of Excise that in their Remonstrance of the state of the Kingdom 15 Decemb 1641. Exact Collection p. 3 4 6. they expresly brand censure the first Attempts to introduce it for A MALIGNANT and PERNIâ—IOUS DESIGN TO SUBVERT THE FUNDAMENTAL LAWS and PRINCIPLES OF GOVERNMENT upon which the JUSTICE OF THIS KINGDOM WAS FORMERLY ESTABLISHED as proceeding from JESUITED COVNSELS BEING MOST ACTIVE and PREVAILING yea for AN UNJUST and PERNICIOVS ATTEMPT TO EXTORT GREAT PAYMENTS FROM THE SUBJECTS Which was to be accompanied as now it is with Billited Souldiers in all parts of the Kingdom and the concomitant of German as now of English HORSE That the LAND MIGHT EITHER SUBJECT WITH FEAR or BE ENFORCED WITH RIGOVR TO SUCH ARBITRARY CONTRIBUTIONS AS SHOVLD BE REQVIRED OF THEM And when some rumours were first spread abroad that the COMMONS HOVSE INTENDED TO LAY EXCISE UPON PEWâ—ER AND OTHER COMMODITIES they were so sensible of the injustice and odiousness thereof that they thereupon published a special Declaration printed 8 Octob. 1642. Exact Collection p. 638. wherein they not only disclaim renounce any such intention but branded those Reports and Rumours for FALSE and SCANDALOVS ASPERSIONS raised and cast upon the House BY MALIGNANT and ILL-AFFECTED PERSONS TENDING MUCH TO THE DISSERVICE OF THE PARLIAMENT and Ordered That the AVTHORS OF THEM should be inquired aftèr apprehended and brought to the House TO RECEIVE CONDIGNE PUNISHMENT After which this Excise being notwithstanding this Disclaimer and much publick private opposition against it set on foot by some swaying Members upon a pretence of necessity for support of the Army to the great Oppression and Discontent of the People The Generall and general Council of Officers and Souldiers of THE ARMY themselves were so sensible of this illegal oft-condemned New grievance that in the Heads of their Proposals and particulars of their Desires in order to the clearing and securing of the Rights and Liberties of the Kingdom tendred to the Commissioners of Parliament residing with the Army the first of August 1647. printed in their Book of Declarations p. 118 published by their own and the Lords House special Order they â—ade this one principall Desire to the Parliament That the EXCISE may be taken off from such Commodities whereof the poor of the Land do ordinarily live and A CERTAIN TIME TO BE LIMITED FOR TAKING OFF THE WHOLE Yet notwithstanding all these Judgements and Out-cryes against it some of those very persons who thus publickly branded it both in the Parliament House and Army by irregular paper Ordinances as they intitle them dated 24 December 1653. March 17. 1653. and May 4. 1654. have by their own Self-derived supertranscendent Authority without yea against the Peoples consents or any Authority from Parliament imposed continued Excise upon our own Inland and Forreign Commodities in very high proportions from the twenty fourth of March 1654. till the twenty fourth of March 1655. And which is most observable prescribed it to bee levied by putting the Parties to an EX OFFICIO OATH against themselves by Fines Forfeitures SEQVESTRATIONS and SALES OF THE REFUSERS OPPOSERS PERSONAL and REAL ESTATES DISSTRESSES BREAKING UP OF THE PARTIES HOVSES SEISVRES OF THEIR GOODS IMPRISONMENT OF THE PERSONS OF ALL SUCH WHO SHALL HINDER OR OPPOSE THE MINISTERS OR OFFICERS IMPLOYED IN LEVYING or distraining for the same BY LOCKING UP THE DOORS or OTHERWISE And by these their unparalleld Edicts they further order That the Officers of Excise BOTH DAY AND NIGHT shall be permitted free entrance into ALL ROOMES and PLACES WHATSOEVER THEY SHALL DEMAND in Brewers Sope-boylers and others Houses under pain of forfeiture of fifty pounds for every refusal by colour whereof all mens Houses may be robbed plundered and their throats cut by Theeves and Robbers pretending themselves Excise-men Souldiers authorised to make such Searches as many of late have been And they with all their assistants shall bee kept indenspnified in
Bull the Jesuites after her decease disswaded the Romish-minded Subjects from yielding in any wise obedience to King James as their Soveraign and entrâ—d into a Treasonable Conspiracy with the Lord Cobham Lord Gray and others against him to imprison him for the ends aforesaid or destroy him pretending that King Iames was no King at all before his Coronation and that therefore they might by force of Arms lawfully surprise his person and Prince Henry his Son and imprison them in the Tower of London or Dover-Castle till they inforced them by duress to grant a free toleration of their Catholick Religion to remove some evil Counsellors from about them and to grant them a free Pardon for this violence or else they would put some further project in execution against them to their destruction But this Conspiricy being discovered The Traytors were apprehended arraighned condemned and Watson and Clerk two Jesuited Priests who had drawn them into this Conspiracy upon the aforesaid Pretext with some others executed as Traytors all the Iudges of England resolving that King Iames being right Heir to the Crown by descent was immediately upon the death of Queen Elizabeth actually possessed of the Crown and lawful King of England before any Proclamatâ—on or Coronation of him which are but Ceremonies as was formerly adjudged in the case of Queen Mary and Queed Iane 1 Mariae there being no Interregnum by the Law of ENGLAND as is adjudged declared by Act of Parliament 1 Iac. c. 1. worthy serious perusal 8. their horrid Gun-powder Treason Plot contrived fomented by Garnet Superiour of the English Jesuites Gerard Tensmod and other Jesuites who by their Apostolical power did not onely commend but absolve from all sin the other Jesuited Popish Conspirators and Faux The Sculdier who were their instruments to effect it Yea the Jesuitical Priests were so Atheistical as that they usually concluded their Masses with Prayers for the good success of this hellish Plot which was suddenly with no less then 36 Barrels of Gunpowder placed in a secret Vault under the House of Lords to have blown up and destroyed at once King James himself the Queen Prince Lords Spirituall and Temporal with the Commons assembled together in the Upper-House of Parliament upon the 5 of November Anno Dom. 1605. and then forcibly to have seised with armed men prepared for that purpose the persons of our late beheaded King then Dake of York and of the Lady Elizabeth his Sister if absent from the Parliament and not there destroyed with the rest that so there might be none of the Royal Line left to inherit the Crown of England Scotland and Ireland to the utter overthrow and subversion of the whole Royal Family Parliament State and Government of this Realm Which unparallel'd inhumane bloody Plot being miraculously discovered prevented the very day before its execution in perpetual detestation of it and of the Jesuites and their traiterous Romish Religion which both contrived and approved it the 5 day of November by the Statute of 3 Jacobi ch 1. was enacted to be had in perpetual Remembrance that all Ages to come might thereon meet together publickly throughout the whole Nation to render publick praises unto God for preventing this infernal Jesuitical Design and keep in memory this joyful Day of Deliverance for which end special forms of publick Prayers and Thankesgivings were then appointed and that Day ever since more or less annually observed till this present And it is worthy special observation that had this Plot taken effect It was agreed by the Jesuites and Popish Conspirators before-hand That the Imputation of this Treason should be cast upon the Puritans to make them more Odious as now they father all the Powder-Plots of this kinde which they have not onely laid but fully accomplished of late yeers against the King Prince Royal Posterity the Lords and Commons House our old English Parliaments and Government upon those Independents and Anabaptistical Sword-men whom they now repute and stile the most reformed PURITANS who were in truth but their meer under Instruments to effect them When as they originally laid the Plots as is clear by Campanella's Book De Monarchia Hisp ch 25. and Cardinal Richelieu his Instructions at his death to the King of France And it is very observable that as Courtney the Jesuite Rector of the English Jesuites Colledge at Rome did in the year 1641. when the name of Independents was scarce heard of in England openly affirm to some English Gentlemen and a Reverend Minister of late in Cornwal from whom I had this Relation then and there feasted by the English Jesuites in their Colledge That now at last after all their former Plots had miscarried they had found out a sure way to subvert and ruine the Church of England which was most formidable to them of all others by the Independents who immediately after by the Jesuites clandestine assistance infinitely encreased supplanted the Presbyterians by degrees got the whole power of the Army and by it of the Kingdom into their hands then subverted both the Presbyterian Government and Church of England in a great measure with the Parliament King and his Posterity as Monsieur Militiere a Jesuited French-Papist observes So some Independent Ministers Sectaries and Anabaptists ever since 1648. have neglected the observation of the fifth of November as I am credibly informed and refused to render publick thanks to God for the deliverance thereon contrary to the Act for this very reason which some of them have rendered That they would not mock God in publick by praising him for delivering the late King Royal Posterity and House of Lords from destruction then by Jesuites and Papists when as themselves have since destroyed and subverted them through Gods providence and repute it a special mercy and deliverance to the Nation from Tyranny and Bondage for which they have cause to bless the Lord Performing that for the Jesuites and Powder-Traytors which themselves could not effect The Lord give them grace and hearts to consider how much they acted the Jesuites and promoted their very worst Designes against us therein what infamy and scandal they have thereby drawn upon all zealous Professors of our Protestant Religion and what will they do in the end thereof 9. To omit all other Forraign instances cited in Speculum Jesuiticum p. 124 to 130. where you may peruse them at leisure By their poysoning King Iames himself in conclusion as some of them have boasted 10. By the Popes Nuntio's and a Conclave of Jesuites Conspiracy at London Anno 1640. to poyson our late King Charles himself as they had poysoned his Father with a poysoned Indian Nut kept by the Jesuites and shewed often by Conne the Popes Nuntio to the Discoverer of that Plot or else to destroy him by the Scotish wars and troubles raised for that very end by the Jesuites in case he refused to grant them a
illis annis afficerint Praeterea suspicionem cis incuâ—iat fore ut Jacobus CAEDEM MATERNAM VINDICATURUS SIT c. Exasperandi sunt etiam animi EpiscoporuÌ„ PresbyteroruÌ„ Anglicorum proponendo illis REGEM SCOTIAE Calvinismum amplexum esse SPE CUPIDITATE REGNI ADACTUMQVE VI A BARONIBUS HAERETICIS quod si vero Regnuâ— Angliae etiam â—btineat TVM ILLVM CITO PRIOREM RELIGIONEM REVOCATURUM ESSE qùandoquidem non solum MARIA EJVS MATER moriens virum etiaÌ„ REX IPSE GALLIARVM SVMMOPORE EI RELIGIONEM CATHOLICAM COMMENDARINT c. yet now transcribed almost verbatim out of Thomas Campanella who suggested it against King James to alienate the English from him keep him from the Crown very freshly by the Authors of The True state of the Case of the Commonwealth c. p. 48 49. objected against the present King of Scots and royal Issue to deprive him and them from the Crowne of England and engage the whole English Nation against their Title to vest it in some other Family in greatest power Or if these projects should fail then by dividing us into many Kingdoms or Republicks dislinct one from another and by sowing the seeds of Schisms and making alterations and innovations in all Arts Sciences and our Religion The old Plots of Campanella Parsons and late designs of Cardinal Richelieu of the Pope Spaniard Jesuites to undo subvert our Protestant Churches Kings Kingdoms and Religion as the marginal Authors irrefragably evidence yet all visibly set on foot yea openly pursued and in a great measure accomplished by some late nay present Grandees and Army-Officers who cry up themselves for our greatest Patrons Preservers Deliverers and Anti-Jesuits when they have rather been but the Jesuites Popes Spaniards and other Forraign enemies instruments and factors in all the late changes new-models of our Government Parliaments pretended reformations of our laws and Religion through inadvertency circumvention or self-ended respects as many wise and godly men justly fear For prevention whereof I shall recommend to the whole Kingdoms serious consideration the memorable Preamble of the Statute of 25 H. 8. c. 22. discovering the like Plots of the Pope and our Forraign Enemies to 〈…〉 to prevent them for the future in these ensuing words In their most humble wise shewen unto your Majesty Your most humble and obedient Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament assembled that since it is the natural inclination of every man gladly and willingly to provide for the surety both of his Title and Succession although it touch his only private cause We therefore most rightful and dreadful Soveraign Lord reckâ—n our selves much more bounden to beseech and instant your Highness although we doubt not of your Princely heart and wisdom mixed with a natural affection to the same to foresee and provide for the perfect surety of both you and of your most lawful Succession and heirs upon which dependeth all our joy wealth in whom also is united and knit the only meer true inheritance and title of this Realm without any contradiction Wherefore We your said most humble and obedient Subjects in this present Parliament assembled calling to our mind the great divisions which in times past have been in this Realm by reason of several Titles pretended to the Imperial Crown of the same which sometimes and for the most pâ—rt ensued by occasion of ambiguity and doubts then not so perfectly declared but that men might upon froward intents expound them to every mans sinister appetite and affection after their sence contrary to the right Legality of the Succession and Posterity of the lawfull Kings Emperors of this Realm whereof hath ensued great effusion destruction of Mans blood as well of a great number of the Nobles as of other Subjects and specially Inheritors in the same And the greatest occasion hath been because no perfect substantial provision by law hath binmade within this realm it self when doubts and questions have been moved proponed of the certainty legality of the Succession posterity of the Crown By reason whereof The Bishop of Rome See Apostolick contrary to the great and inviolable grants of Jurisdictions By God immediatly to Emperours Kings Princes in succession to their heirs hath presumed in time past to invest who should please them to inherit in other mens Kingdoms Dominions which thing we your most humble Subjects both Spiritual and Temporal do most abhor detest And sometimes other forraign Princes and Potentates of sundry degrees minding rather dissention discord to continue in the realm to th'utter desolatioÌ„ therof then charity equity or unity have many times supported wrong titles wher by they might easily facilly aspire to the Superiority of the same the continuance sufferance whereof deeply considered pondered were too dangerous and perillous to be suffered any longer within this Realm too much contrary to the unity peace and tranquility of the same being greatly reproachful and dishonourable to the whole Realm In consideration wherof your said most humble and obedient Subjects the Nobles and Commons of this Realm calling further to their remembrance that the good unity peace and wealth of this Realm and the succession of the Subjects of the same Most specially principally above all wordly things consisteth and resteth in the certainty and surety of the procreation posterity of your Highness in whose most royal person at this present time is no manner of doubt or question Do therefore most humbly beseech your Highnes c. to declare the establishment of the successioÌ„ of your royal posterity in the Imperial Crowns of this realm as he and they did by this other succeeding acts of Parl. in 1 Eliz c. 3. 1 Jac. c. 1. to prevent the like civil wars and mischiefs for succeeding ages now revived promoted by the Pope Jesuits Foraign Popish Princes to work our ruine Certainly whosoever shall seriously ponder the premises with these passages in William Watsons Quodlibets concerning the Jesuits 1. That some of the Jesuits society have insinuated themselves into all the Princes Courts of Christendom where some of their Intelligencers reside and set up a secret counsel of purpose to receive and give intelligence to their General at Rome of the secrets of their Soveraigns and of all occurrents in those parts of the world which they dispatch to and fro by such cyphers which are to themselves best but commÌ„only only to themselves known so that nothing is done in England but it is known at Rome within a month after at least reply made back as occasion is offered to the consequent overthrow of their own natural Country of England and their native Princes and Realms by their unnatural Treasons against them that so the Jesuits might be those long gowns which should reign and govern the Island of Great
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
Parliament set on Impositions either within the Land or upon commodities exported or imported by the merchants they have in open Parliament complained of it in that it was done without their consents and thereupon never failed to obtain a speedy and full redresse without any claim made by the Kings of any Power or Prerogative in that point And though the Law of property be original and carefully preserved by the Common Laws of this Real WHiCH ARE AS ANCIENT AS THE KINGDOME IT SELF yet those famous Kings for the better contentment and assurance of their loving Subjects agreed THAT THIS OLD FUNDAMENTAL RIGHT observe the words should be further declared and established by Acts of Parliament wherein it is provided That no such Charge shall ever be laid upon the People without their common Consents as may appear by sundry Records of former times We therefore your Majesties most humble Commons assembled in Parliament following the example of this worthy care of our Ancestors and out of our Duty to those for whom we serve finding that your Majesty without advice of your Lords and Commons hath lately in times of Peace Set both greater Impositions and farre more in number than any your Noble Ancestors did ever in time of Warre do with all humility present this most just and necessary Petition unto your Majesty THAT ALL IMPOSITIONS SET WITHOVT ASSENT IN PARLIAMENT MAY BE QVITE ABOLISHED AND TAKEN AWAY And that your Majesty likewise in imitation of your Royal Progenitors will be pleased that a Law in your time and during this Session of Parliament may be also made to declare That all Imposition of any kinde set or to be set upon your people their Goods or Merchandises save onely by common Consent in Parliament are and shall bâ— Void wherein your Majesty shall not onely Give your Subjects great Satisfaction in point of their Right but also bring exceeding joy and comfort to them who now suffer partly through the abating of the price of Native Commodities and partly through the raising of all Forraign to the overthrow of Merchants and shipping the causing of general dearth and decay of all wealth among your people who will be thereby no lesse discouraged than disabled to supply your Majesty when occasion shall require In which memorable Petition the whole House of Commons resolve in direct terms 1. That the Subjects of England have old original Fundamental Rights and more particularly in the Property of their Goods exempted from all Impositions whatsoever in times of peace or war without their common consent in Parliament declared and established both by the ancient and common law of England and sundry Acts of Parliament and records of former times 2. They declare the constant vigilant care zeal of our ancestors and former Parliaments in all ages inviolably to maintain defend preserve the same against all enchroachments together with their own care duty and vigilancy in this kind in that very Parliament 3. They relate the readinesse of our Kings to ratifie these their Fundamental Rights by new Acts of Parliament when they have been violated in any kinde 4. They declare the benefit accruing both to Prince and People by the inviolable preservation and establishment of this old Fundamental right and the mischiefs accruing to both by the infringment thereof by arbitrary illegall impositions without full consent in Parliament 5. They earnestly in point of Conscience prudence and duty to those for whom they served Petition his Majesty for a new Law and Declaration against all new Impositions and Taxes on inland Goods or Merchandises imported or exported without the peoples free consent in Parliament as null void utterly to be abolished and taken away Whether it will not be absolutely necessary for the whole English Nation and the next ensuing National or reall Parliament to prosecute enact establish such a Declaration and Law against all such former and future arbitrary illegal oppressive Taxes Impositions Excises that have been imposed and continued for many years together on the whole kingdome by new extravagant self-created usurping ARMY-OFFICERS and other Powers without free and full consent of the people in Lawfull English Parliaments against all former Laws Declarations and Resolutions in Parliaments to their great oppression enslaving undoing in far greater proportions multiplicity and variety than ever in former Ages without the least intermission and likewise against their late declared designe to perpetuate them on our exhausted Nation without alteration or diminution beyond and against all presidents of former Ages both in times of Peace and War for the future by the 27 28 29 30 39. Articles of the Instrument entituled The Government of the Common-wealth of England c. I remit to their most serious considerations to determine if ever they resolve to be English Freemen again or to imitate the wisdome prudence zeal courage and laudable examples of their worthy Ancestors from which they cannot now degenerate without the greatest Infamy and enslaving of themselves with their Posterities for ever to the arbitrary wils of present or future Vsurpers on their Fundamental Rights and Liberties in an higher degree then ever in any precedent Ages under the greatest Conquerours or Kings after all their late costly bloody Wars for their Defence against the beheaded King 5 The fifth is A learned and necessary Argument made in the Commons House of Parliament Anno 7. Jacobi to prove That each Subject hath a Property in his Goods shewing also the extent of the Kings Prerogative in Impositions upon the Goods of Merchants exported or imported c. by a late learned Judge of this Kingdome printed at London by Richard Bishop 1641. and Ordered to be Published in Print at a Committee appointed by the Honorable House of Commons for examination and Licensing of Books 20. Maii 1641. In which Parliamentary Argument p. 8. 11. 16. I finde these direct Passages That the New Impositions contained in the Book of Rates imposed on Merchandizes imported and exported by the Kings Prerogative and Letters Patents without consent in Parliament is against the natural Frame and Constitution of the Policy of this Kingdome which is JVS PVBLICVM REGNI AND SO SVBVERTETH THE FUNDAMENTAL LAW OF THE REALM and introduceth a new Form of State and Government Can any man give me a reason why the King can only in Parliament make Laws No man ever read any Law whereby it was so ordained and yet no man ever read that any King practised the contrary therefore IT IS THE ORIGINAL RIGHT OF THE KINGDOME AND THE VERY NATURAL CONSTITUTION OF OUR STATE AND POLICY being one of the highest Rights of Soveraign Power If the King alone out of Parliament may impose HE ALTERETH THE LAW OF ENGLAND IN ONE OF THESE TWO MAIN FUNDAMENTAL POiNTS he must either take the Subjects Goods from them without assent of the Party which is against the law or else he must give his own Letters Patents the force of
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 Rights of Property and Liberty of the Subject contrary to former resolutions of Parliament and to the Petition of Right I am certain the generality of the Nation are now as much and more agrieved that some who were Parties to this Declaration and others who have made as many or more Declarations 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 nay greater more exorbitances in the Militia Excises Taxes Impositions Imprisonments arbitrary extravagant proceedings capital executions in new erected Courts of Injustice and whole volumes of new binding Ordinances as they term them and their ill-sounding Instrument obliging all our three Nations both for the present all future ages in their intention as diametrically contrary as the Kings Commissions of Array to the Fundamentall 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 Solemne Leagues and Covenants in Parliament to their own eternall 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 this Declaration against the Array viz. And the Lords and Commons do and shall adhere to their former Votes Resolutions That all those that are Actors in putting of this Commission of Array these Instruments Ordinances new Taxes Imposts Excises in execution shall be esteemed disturbers of the Peace of the Kingdome and of the Properties and Liberties of the Subject 10. The tenth Evidence is 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 and 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 plainnesse as followeth That this present Parliament convened according to the known and FUNDAMENTAL LAWS OF THE KINGDOME the continuance whereof is 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 settled by a Law which as all other laws of your Kingdome your Majesty is sworn to maintain as we are sworn to our Allegiance to your Majesty those Obligations being reciprocall we must in duty and accordingly are resolved with our Lives and Fortunes to Defend and preserve the â—ust Rights and full Power of this Parliament To which the Earle of Essex then General by both Houses order in his Letter to the Earle of Forth January 30. 1643. adds this Corolary My Lord the mainâ—enance of the Parliament of England and the Priviledges thereof is that for which we are resolved to spend our bloud as being THE FOVNDATION WHEREON ALL OVR LAWS AND LIBERTIES ARE BVILT Which both the Lords and Commons assembled in Parliament in their Declaration 23. March 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 onely 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 Kingdome is not onely deprived of the present but made uncapable of enjoying the benefit of any future Parliament or Laws any longer than shall stand with the will and pleasure of the King and consequently THE FUNDAMENTALS OF ALL OUR LAWS AND GOVERNMENT ARE SUBVERTED Let the Parliament-purging securing sequestring dissolving Officers Army and their Confederates seriously ponder this yea let all the whole English Nation and their Trustees who shall hereafter sit in Parliament consider and reform it in the first place if ever they expect any Freedome free Parliaments Peace settlement enjoyment of their Fundamental Laws Rights or Liberties for the future depending on our Parliaments Freedome and exemption from all force and violence on its Members The eleventh is the 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 lie by reason the 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 which threaten the extirpation of the Protestant Religion and the subversion of the FUNDAMENTAL LAWS and GOVERNMENT OF THE KINGDOM For prevention whereof c. A direct Ordinance in point The twelfth is a Declaration of the Commons of England assembled in Parliament 17. Aprilis 1646. Of their true intentions concerning the ANCIENT and FUNDAMENTAL GOVERNMENT OF THE KINGDOME securing the people against ALL ARBITRARY GOVERNMENT c. wherein they complain That the Enemy being in dispair to accomplish his Designes by War do mis-represent our intentions in the use we intend to make of the great successes God hath given us and the happy opportunity to settle Peace and Truth in the three Kingdomes to beget a belief that we now desire to excâ—ed or swerve from our first Aym's and Principles in the undertaking of this War and to recede from the Solemn League and Covenant and Treaties between the two Kingdomes and that we would prolong these uncomfortable troubles and bleeding distractions IN ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION AND FRAME OF THIS KINGDOME to leave all Government in the Church loose and unsettled and ourselves to exercise THE SAME ARBITRARY POWER OVER THE PERSONS and ESTATES OF THE SVBJECTS 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 Council Table all which we have seen experimentally verified in every particular in the highest degree notwithstanding this Declaration by some in late and present power and new White-hall Council Tables exceeding the old in illegal Taxes Law-making and other extravagances All which being seriously considered by us c. We do declare THAT OUR TRUE and REAL INTENTIONS ARE and OUR ENDEAVOUR SHALL BE
one of the Judges of the Common Pleas exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinal Wolsey That he had by divers and many sundry wayes and fashions committed High Treason and NOTABLE GRIEVOUS OFFENCES by misusing altering and subverting of his Graces Laws and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royal to the inestimable great hinderance diminution and decay of the universal wealth of this his Graces Realm The Articles are 43. in number the 20 21 26 30 35 37 42 43. contain his illegal arbitrary practises 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 mostexcellent Majesty of your excellent goodnesse towards the Weal of this your Realm and subjects of the same to set such order and direction upon the said Lord Cardinal as may be to terrible example of other to beware to offend your Grace and your Laws 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 hath done heretofore to the great hurt and dammage of every man almost high and low His poysoning himself prevented his legal judgement for these his Practises 7. The Statute of 3. and 4. Ed. c. 5 6. enacts That if any persons to the number of twelve or more being assembled together shall intend go about practise or put in use with force and arms unlawfully of their own authority TO CHANGE ANY LAWS made for Religion by authority of Parliament OR ANY OTHER LAWS OR STATUTES OF THIS REALM STANDING IN FORCE OR ANY OF THEM and shall continue together by the space of an houre being commanded by a Justice of Peace Mayor Sheriffe or other Officer to return or shall by ringing of any Bell sounding of any Trumpet Drumme Horn c. raise such a number of persons to the intent to put any the things aforesaid in ure IT SHALL BE HIGH TREASON and the parties executed as Traytors After this the Statute of 1 Mariaec 12. Enacted That if twelve or more in manner aforesaid shall endeavour by force to alter any of the Laws or Statutes of the Kingdome the offenders shall from the time therein limited be adâ—udged ONELY AS FELONS whereas it was Treason before but this Act continuing but till the next Parliament and then expiring the offence remains Treason as formerly 8. In the 39. year 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 war against the Queen because it was to throw down all inclosures throughout the Kingdom to which they could pretend no right and that the end of it was TO OVER THROW THE LAWS AND STATUTES for inclosures Whereupon BRADSHAW and BURTON two of the principal Offenders were condemned and executed at Ainstow 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 1640. The whole House of Commons impeached Thomas Earl of Strafford Lord Deputy of Ireland of High Treason amongst other Articles for this crime especially wherein all the other centred That he hath TREASONABLY ENDEAVOURED by his Words Actions and Counsels TO SUBVERT THE FUNDAMENTALL LAWS and GOVERNMENT OF ENGLAND and IRELAND and introduce an arbitrary and Tyrannical Government This the whole Parliament declared and adjudged to be High Treason in and by their Votes and a special 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 22. 1641. 10. The whole House of Commons the same Parliament impeached William Laud Arch-bishop of Canterbury of HIGH TREASON in these very terms February 6 1640. First That he hath traiterously endeavoured to subvert the Fundamental Laws and Government of this Kingdome of England and instead thereof to introduce an arbitrary and tyrannical Government against Law And he to that end hath wickedly and TRAYTEROVSLY advised his Majesty that he might at his own will and pleasure levy and take mony of his Subjects without THEIR CONSENT IN PARLIAMENT and this he affirmed was warrantable by the law of God Secondly He hath for the better accomplishment of that his Traiterous Designe 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 unlimitted 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 wayes 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 LAWS OF THIS KINGDOME whereby sundry of his Majesties Subjects have been stopt in their just suits deprived of their lawfull Rights and subjected to his Tyrannicall will to their ruine and destruction Fourthly That he hath traiterously endeavoured to corrupt the other Courts of Justice by advising and procuring his Majesty to sell places of Judicature and other Offices CONTRARY TO THE LAWS and CUSTOMES in that behalf Fifthly That he hath TRAITEROUSLY caused a a Book of Canons to be compiled and published without any lawfull warrant and Authority in that behalf in which pretended Canons many matters are contained contrary to the Kings Prerogative to the Fundamentall Laws and Statutes of this Realm to the Rights of Parliament to the Property and Liberty of the Subject and matters tending Sedition and of dangerous consequence and to the establishing of a vast unlawfull presumptuous power in himself and his successors c. Seventhly That he hath traiterously endeavoured to alter and subvert Gods true Religion BY LAW ESTABLISHED and instead thereof to set up Popish Religion and Idolatry And to that end hath declared and maintained in Speeches and printed Books diverse Popish Doctrines and Opinions contrary to the Articles of Religion ESTABLISHED BY LAW He hath urged and enjoyned divers Popish and Superstitious Ceremonies WITHOUT ANY WARRANT OF LAW and hath cruelly persecuted those who have opposed the same by corporal punishment and imprisonments and most unjustly vexed others who refused to conform thereunto by
and alterations to Prince and State If the Histories of those Eastern Countries be perused where Princes order their affairs according to the mischievous Principles of the Earl of Strafford Loose and absolved from all Rules of Government they will be found to be frequent in combustions full of Massacres and the tragical end of Princes If any man shall look into our own Stories in the times when the Laws were most neglected he shall finde them full of Commotions of Civill distempers whereby the Kings that then raigned were alwaies kept in want and disresse the people consumed with CIVIL WARS and by such wicked Counsels as these some of our Princes have been brought to such miserable ends As no honest heart can remember without horrour and earnest Prayer that it may never be so again 3. As it is dangerous to the Kings Person and Crown so it is in other respects very prejudiciall to his Majesty in honour profit and greatnesse which he there proves at large as you may there read at leisure and yet these are the Guildings and Paintings that are put upon such Counsels These are for your Honour for your Service 4. It is inconsistent with the Peace the Wealth the Prosperity of a Nation It is destructive to Justice the mother of Peace to Industry the spring of Wealth to Valour which is the active vertue whereby the Prosperity of a Nation can onely be procured confirmed and enlarged It is not onely apt to take away Peace and so intangle the Nation with Wars but doth corrupt Peace and pours such a Malignity into it as produceth the effects of Warre both to the NOBILITY and others having as little security of THEIR PERSONS OR ESTATES in this peaceable time as if the Kingdome had been under the fury and rage of Warre And as for industry and valour who will take pains for that which when he hath gotten is not his own or who fights for that wherein he hath no other interest but such as is subject to the will of another c. Shall it be Treason to embase the Kings Coyne though but a piece of twelve pence or six pence and must it not needs be the effect of greater Treason to embase the spirits of his Subjects and to set a stamp and character of Servitude upon them whereby they shall be disabled to do any thing for the service of the King or Common-wealth 5. 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 Forraign 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 â—o come in this way will be unready uncertain there can be no assurance of them no dependance upon them either for time or proportion And if some money be gotten in such a way the distractions the divisions distemperâ— which this course is apt to produce will be more prejudicial to the publike safety than the supply can be advantagious 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 limit and restrain the excessive power and violence of great men to open passages of Justice with indifferency 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 as now of all heresies but for the advancement and incouragement of eviâ—l Such men as are â—ptest for the execution and maintenance of this power are onely capable of preferment and others who will not be Instruments of any unjust Commands who make Conscience to do any thing against the law of the Kingdome and liberties of the Subject are not onely not passable for imployment but SVBJECT TO MVCH JEALOVSIE and DANGER Is not this their condition of late and present times even in Parliament Members themselves as well as others secured secluded kept close prisoners perforce for making Conscience of doing nothing against the Laws and Liberties of the Kingdom and their Oaths and Covenants too and refusing to comply with usurping Innovators in all their self-seeking extravagancies and Treasons expertus loquor 4. That all accidents and events all Counsels and Designes should be improved for the publique 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 subversion of the laws violation of Liberties can never be good or justifiable by any circumstance or occasion being in their own nature how specious or good soever they be pretended He alledgeth it was a time of GREAT NECESSITY and DANGER 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 evill Counsell 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 Designe and endeavour of the Authour it was to be A CONSTANT and PERMANENT TREASON a standing perpetual Treason which would have been in continual 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 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 IS TREASON IN ANY ESTATE Let those consider it who are guilty of it in the highest degree beyond Strafford Canterbury or the Ship mony-Judges in our own State The Laws 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 pay all these Forfeitures will still be a Debtor to the Common-wealth Nothing can be more equal than 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 Original of this
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
exported or imported except the same be due by Grant IN PARLIAMENT shall incur the penalties and forfeitures OF A PREMVNIRE to the which the King gave his Royal Assent And to prevent any future prescription thereunto by the King they discontinued it for some time and then granted it specially from Month to Month or some short space with sundry limitations and the penalty of A PREMVNIRE if otherwise received by several New Acts of Parliament to which the King gave his assent These Acts the King himself in his Proclamation of the sixteenth of December in the eighteenth year of his reign stiles THE FENCES OF THE SVBJECTS PROPERTY received from Vs and understood by Vs as one of THE GREATEST GRACES THE CROWN EVER CONFERRED ON THE SVBJECT And by that Proclamation he prohibited all his Subjects both the paiment and receipt of any Monies for Customs or other Maritine Duties contrary to this Act by any Ordinance of both Houses of Parliament under pain of a PREMUNIRE and of being likewise proceeded against as ill-affected persons to the Peace of the Kingdome Whereupon the Lords and Commons in their answer to this Proclamation though they declared that the intent and meaning of that penall Clause of a PRAEMVNIRE and other Forfeitures in these new statutes which likewise disable every person Customer Officers who should take or receive or cause to be taken or received any such subsidy or imposition upon any Merchandize during his life to sue or implead any persons in any action reall mixt or personal in any Court whatsoever was only to restrain the Crown from imposing any duty or payment on the Subjects without their consent in Parliament and that it was not intended to extend to any case whereunto the LORDS and COMMONS GIVE THEIR ASSENT IN PARLIAMENT which they never did to this New White-hall Ordinance nor the pretended Act recited in it therefore the imposers and receivers of it by vertue thereof without such assent in Parliament are within the penalties of the aforesaid Statutes Yet to avoid the danger of a Praemunire in their Officers by exacting it only by an Ordinance of both Houses without a speciall Act of Parliament they did by their first Ordinances impose and demand Customes Tonnage Poundage and new Imposts not as a Legal Duty but only BY WAY OF LOANE til the Act of Parliament for their future continuance should be assented to by the King as their Declaration of 31 December 1642. and their Ordinance of the same date concerning the subsidy of Tonnage and Poundage attest By what coulor of Law Iustice Right this antient birth-right of all English Subjects so lately declared by three Acts of Parliament to which most of our late and present White-hall Grandees were parties comes to bee lost and forfeited by our contests to preserve it or how the Customes Imposts of Tonnage and Poundage can bee now imposed continued on or exacted from the Subjects by any Powers Officers or persons Whatsoever and levied by severest penalties Forfeitures Imprisonments Seisures by pretext of this White-hal Ordinance though no waies granted by common consent and Act of Parliament without incurring a Praemunire and forementioned penalties disabilities or without subverting the Fundamental Liberty Property Franchises Laws Statutes of the whole English Nation in a farre higher degree then ever in former ages I cannot yet discern and all our New Governours Merchants Customers Officers and other persons who have any Cordial affection Love Zeal to their own or the peoples hereditary Rights and Priviledges may do well to demurre in Law upon it till they can satisfy their own and other mens consciences therein to prevent the dangerous consequences of such an ill president to posterity In the Parliament of 1 H. 4. rot Parl. n. 32 33 34 36. These were the principall Articles of impreachment exhibited against King Richard the Second for which hee was forced to depose himself as unfit to Govern and resign up his Crown to King Henry the Fourth That whereas the King of England out of the profits of the Realm and the Patrimony belonging to his Crown might live honestly without oppression of his people so as the Kingdome were not burdened with the extraordinary expences of warre that this King during the Truces between the Realm and the Adversaries thereof gave and squandered away a great part of the Crown-Lands to unworthy persons and thereupon exacted almost every year so many Taxes and Grants of Ayde from his Subjects of the Realm that hee thereby GREATLY and TOO EXCESSIVELY OPPRESSED HIS PEOPLE TO THE IMPOVERISHING OF HIS REALM That the same King being unwilling to keep and defend the just Laws and Customes of his Realm and to do according to his pleasure whatsoever should suite with his desires frequently when the Laws of his Realm were expounded and declared to him by the Justices and others of his Council who requested him to administer Justice according to those Laws said expresly with an austere and frownning Countenance THAT THE LAWS WERE HIS more suo AFTER his own MANER and sometimes THAT THEY WERE IN HIS OWN BREAST and THAT HEE ALONE COULD ALTER and MAKE THE LAWS OF HIS REALM And being seduced with this opinion he permitted not Justice to be done to very many of his Leige people but compelled very many to cease from the prosecution of common Justice That when as afterwards in his Parliament certain Statutes were made which might always bind till they were specially repealed by another Parliament the same King desiring to enjoy so great Liberty that none of these Statutes might so binde him but that he might execute and do according to the pleasure of his own Will which hee could not do of right subtilly procured such a Petition to be presented to him in his Parliament in the behalf of the Commons of his Realm and to be granted to him in the general THAT HE MIGHT BE SO FREE AS ANY OF HIS PROGENITORS WERE BEFORE HIM By colour of which Petition and Grant he frequently did and commanded to bee done MANY THINGS CONTRARY TO THE SAID STATVTES NOT REPEALED GOING AGAINST THEM EXPRESLY and WITTINGLY AGAINST HIS OATH AT HIS CORONATION That although by the Statutes and Customs of his Realm in the summoning of every Parliament his people in every County of the Realm ought to be free to elect and depute Knights for the said Counties to sit 〈◊〉 Parliament both TO RECEIVE their GRIEVANCES and TO PROSECVTE REMEDIES THEREUPON AS IT SHALL SEEM EXPEDIENT TO THEM yet the said King that he might in his Parliament be able to obtain the effect of his rash Will frequently directed his Mandates to his Sheriffs that they should cause to come to his Parliament CERTAIN PERSONS NAMED BY THE KING HIMSELF AS KNIGHTS OF THE SHIRE Which Knights verily favouring the said King he might easily enduce as he frequently did sometimes by divers threats and terrors and sometimes by gifts TO CONSENT TO THOSE THINGS WHICH WERE VERY
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