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king_n	contrary_a	house_n	queen_n	193,840	5	11.8865	5	true

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

That the Votes upon the Petition and Agreement annexed and likewise the Votes upon this Petition be forthwith printed and published After which by a Speciall Ordinance of both Houses of Parliament 17 December 1647. No person whatsoever who had contrived plotted prosecuted or entred into that Engagement intituled The agreement of the people declared To be destructive to the being of Parliaments and Fundamentall Government of the Kingdome for one whole year was to be elected chosen or put into the office or Place of Lord Mayor or Alderman Sheriffe Deputy of a Ward or Common-Councel man of the City of London or to have a voice in the Election of any such Officer All these particulars with the Capitall Proceedings against White and others who somented this Agreement in the Army abundantly evidence the veriey of my foresaid Proposition and the extraordinary guilt of those Members and Souldiers who contrary to their own Votes Ordinances Proceedings and Censures of others have since prosecuted this the like or far worse Agreement to the destruction of our ancient Parliaments and their Priviledges and the fundamentall Government Laws and Liberty of our Nation which I wish they would now sadly lay to heart The third is the memorable Statutes of 3. Jacobi ch 1 2 4 and 5. Which relating the old Gunpowder Treason of the Jesuites and Papists and their infernal inhumane barbarous detestable plot to blow up the King Queen Prince Lords Commons and whole House of Peers with Gunpowder when they should have been assembled in Parliament in the upper House of Parliament upon the fifth of November in the year of our Lord 1605 do aggravate the hainousnesse and transcendency thereof by this circumstance That it was as some of the principall Conspirators thereof confessed purposely devised and concluded to be done in the said House That where sundry necessary and Religious Laws for Preservation of the Church and State were made which they falsely and slanderously term Cruel Laws enacted against them and their Religion Both Place and Persons should be all destroyed and blown up at once And by these dangerous consequences if it had not been miraculously prevented but taken effect That it would have turned to the utter ruine overthrow and Subversion Of the whole State and Common-Wealth of this flourishing and renowned Kingdom and Gods true Religion therein established by Law and of our Laws and Government For which horrid Treason they were all attainted and then executed as Traytors and some of their heads Quarters See Speeds History p. 1250 and Mr. John Vica●'s History of the Gunpowder Treason and the Arraignment of Traytors set up upon the Parliament House for terrour of others Even so let all other Traytors Conspirators against our Fundamental Laws Liberties Government Kings Parliaments and Religion treading presumptuously in their Jesuiticall footsteps a Judges 5. 31 perish O Lord but let all them who cordially love and strenuously maintain them against all Conspirators Traytors Underminers Invaders whatsoever be as the Sunne when he goeth forth in his might That the Land may have rest peace Settlement again for as many years at least as it had before our late innovations Warres Confusions by their restitution and establishment CHAP. II. HAving thus sufficiently proved That the Kingdome and Freemen of England have some ancient hereditary Rights Liberties Franchises Priviledges Customes properly called FVNDAMENTALL as likewise a Fundamentall Government no wayes to be altered undermined subverted directly or indirectly under the guilt and pain of High Treason in those who attempt it especially by Fraud Force or armed Power I shall in the second place present you in brief Propositions a Summary of the chiefest and most considerable of them which our prudent Ancestors in former ages and our latest reall Parliaments have both declared to be and eagerly contested for as Fundamentall and Essentiall to their very being and well being as a Free people Kingdome Republick unwilling to be enslaved under any yokes of Tyranny or arbitrary power that so the whole Nation may the more perspicuously know and discern them the more strenuously contend for them the more vigilantly watch against their violations underminings in any kind by any Powers or Pretences whatsoever and transmit perpetuate them intirely to their posterities as their best and chiefest inheritance I shall comprise the Summe and Substance of them all in these 9. Propositions beginning with the Subjects Property which hath been more frequently universally invaded assaulted undermined by our Kings and their evill instruments and thereupon more strenuously frequently and vigilantly maintained retained by our Nobles Parliaments and the people in all ages till of late years than any or all of the rest put together though every of them have been constantly defended maintained when impugned or incroached upon by our Ancestors and our selves 1. That no Tax Tallage Aid Subsidy Custome Contribution Loan Imposition Excise or other Assessement whatsoever for Defence of the Realm by Land or Sea or any other publick ordinary or extraordinary occasion may or ought to be imposed or levyed upon all or any of the Freemen of England by reason of any pretended or reall Danger Necessity or other pretext by the Kings of England or any other Powers but onely with and by their common consent and Grant in a free and lawfull Parliament duly summoned and elected Except onely such ancient legall Ayds as they are specially obliged to render by their Tenures Charters Contracts and the Common Law of England 2. That no Freeman of England ought to be arrested confined imprisoned in any private Castles or remote unusuall Prisons under Souldiers or other Guardians but onely in usuall or Common Gaols under sworn responsible Gaolers in the County where he lives or is apprehended and where his Friends may freely visit and relieve him with necessaries And that onely for some just and legall cause expressed in the Writ Warrant or Processe by which he is arrested or imprisoned which ought to be legally executed by known legal responsible sworn Officers of Justice not unknown military Officers Troopers or other illegall Catchpols That no such Freeman ought to be denied bail Mainprise or the benefit of an Habeas Corpus or any other Legal Writ for his enlargement when bailable or incumpernable by Law nor to be detained prisoner for any reall or pretended Crime not bailable by Law then untill the next Generall or Speciall Gaol-delivery held in the County where he is imprisoned where he ought to be legally tried and proceeded against or else enlarged by the Justices without deniall or delay of Right and Justice And that no such Freeman may or ought to be outlawed exiled condemned to any kind of corporall punishment losse of Life or Member or otherwise destroyed or passed upon but onely by due and lawfull Processe Indictment and the lawfull Triall Verdict and Judgement of his Peers according to the good old Law of the Land in some usuall Court of Publick Justice not by

entituled The Government of the Commonwealth of England c. I remit to their most serious con●●derations to determine if ever they resolve to be English Freemen again or to imitate the wisdom 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 wills of pres●nt or future Usurpers on their Fundamental Rights and Libe●ties in an higher degree then ever in any precedent ●ges under the Greatest Conquerors or Kings after all their late costly bloudy Wars for their Defence against the Behe●ded King 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 Propriety 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 Judg of this Kingdom printed at London by Richard Bishop 1641. and Ordered to be pub●ished in Print at a Committee appointed by the Honourable House of Commons for examination and Licensing of B●oks 20. Maii 1641. In which Parliamentary Argument p. 8 11 16. I finde these direct Passages That the New Im●ositions contained in the Boo● of Rates imposed on Merchandizes imported and exported by the K●ngs Prerogative and Letters Patents without consent in Parliament is against THE NATURAL FRAME AND CONSTITUTION OF THE POLICY OF THIS KINGDOME which is Jus Publicum Regn● AND SO SUBVERTETH 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 Lawes 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 KINGDOM Nota. 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 * And do not those do so 〈◊〉 as ●lay mont●ly 〈…〉 Customs and N●w-Impost on us daily out of Parliament and that for many moneths and years yet to come against the Letter of their own Instrument and Oath too 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 a Law to alter the property of the Subjects Goods which is also against the Law In this and sundry other Arguments touching the Right of Impositions in the Commons House of Parliament by the Members of it arguing against them it was frequently averred and at last voted and resolved by the House 7. Jacobi That such Impositions without consent in Parliament were AGAINST THE ORIGINAL FUNDAMENTAL LAWS AND PROPERTY OF THE SUBJECT and Original Right Frame and Constitution of the Kingdom as the Notes and Journals of that Parliament evidence An express Parliamentary resolution in point for what I here assert The sixth is 6. A Conference desired by the Lords and had by a Committee of both Houses concerning the Rights and Priviledges of the Subject 3. Aprilis 4. Caroli 1628. entred in the Parliament Journal of 4. Caroli and since printed at London 1642. In the Introduction to which Conference Sir Dudley Diggs by the Commons House Order used these expressions My good Lords whilest we the Commons out of our good affections were seeking for money we found I cannot say a Book of the Law but many A FUNDAMENTAL POINT THEREOF NEGLECTED AND BROKEN which hath occasioned our desire of this Conference Wherein I am first commanded to shew unto your Lordships in general That the Laws of England are grounded on Reason more antient then Books consisting much in unwritten Customs yet so full of Justice and true Equity that your most Honorable Predecessors and Ancestors propugned them with a NOLUMUS MUTARI and so ancient that from the Saxons daies notwithstanding the injuries and ruines of time they have continued in most parts the same c. Be pleased then to know THAT IT IS AN UNDOUBTED AND FUNDAMENTAL POINT OF THIS SO ANCIENT COMMON LAW OF ENGLAND THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS which doth preserve as sacred that Meum and Tuum that is the Nurse of Industry and the Mother of Courage and without which there can be no Justice of which Meum and Tuum is the proper object Bu● the UNDOUBTED RIGHT OF FREE SUBJECTS hath lately not a little been invaded and prejudiced by Pressures the more grievous because they have been pursued by imprisonment contrary to the Franchises of this Land c. which the Commons House proved by many Statutes and Records in all Ages in that Conference to the full satisfaction of the Lords House since published in print The seventh is 7. The Vote of the a See Canterburies Doom p. 19. Diurnal Occurrences p. 13. whole House of Commons 16. December 1640. Nullo contradicente entred in their Journal and printed in Diurnal Occurrences p. 13. That the Canons made in the Convocation Anno 1640. ARE AGAINST THE FUNDAMENTAL LAWS OF THE REALM the Property and Liberty of the Subject the Right of Parliament and contained divers things tending to Faction and Sedition The eighth Authority is 8. b Exact Collection c. p. 112 113. The Votes of both Houses of Parliament concerning the security of Kingdom of England and Dominion of Wales 15. Martii 1641. Ordered by the Lords and Commons in Parliament to be forthwith printed and published as they were then by themselves and afterwards with other Votes and Orders Resolved upon the Question nemine contradicente That in case of extream danger and of his Majesties refusal the Ordinance agreed on by both Houses for the Militia doth oblige the people See Chap. 2. Proposition 3 7 and ought to be obeyed by THE FUNDAMENTAL LAWS OF THIS KINGDOM A very vain false absurd and delusory Vote if there be no such Law● as some now affirm The ninth punctual Authority is 9. a Exact Collection p. 850 854 887 888. A second Declaration of the Lords and Commons assembled in Parliament concerning the Commission of Array printed by their special Order of 12. Januarii 1642. Wherein are these observeable passages The main drift of the answer is to maintain That the King by the Common Law may grant such a Commission of Array as this is upon this ground because it 's for the defence of the Kingdom And that the power which he hath to grant it by the Common Law is not taken away by the Petition of Right or any former Statute but the King notwithstanding any of them may charge the Subjects for Defence of the Kingdom so as the charge imposed come not to

himself nor to his particular advantage These grounds thus laid extend not to the Commission of Array alone but to all other charges that his Majesty shall impose upon his Subjects upon pretence of Defence of the Kingdom for there is the same reason of Law for any other charge that is pretended for Defence as for this If his Majesty by the Common Law may charge his Subjects to finde Arms and other things in the Commission injoyned because they are for Defence of the Kingdom by the same reason of Law he may command his People to build Castles Forts and Bulworks and after to maintain them with Garrisons Arms and Victuals at their own charges And by the same reason he may compel his Subjects to finde Ships and furnish them with Men Ammunition and Victuals and to finde Souldiers pay coat and conduct-money provide victuals for Souldiers and all other things NECESSARY FOR AN * Do not the Army-Officers now enforce them to all this without a Parliament ARMY these things being as necessary for Defence as any thing that can be done in execution of this Commission And for that exposition of the Petition of Right and other Statutes therein noted if it should hold doth it not overthrow as well the Petition it self as all other Lawes that have been made for the Subjects benefit against Taxes and other Charges either in this or any other Parliament These Positions thus laid down and maintained DO SHAKE THE FUNDAMENTAL LAWS OF THE KINGDOM THE ANCIENT BIRTH-RIGHT OF EVERY SUBJECT both for THE PROPERTY OF HIS GOODS AND LIBERTY OF HIS PERSON Nay they strike at the root of Parliaments What need his * These Expostulations reach to those at White-Hall now who presume to impose Taxes Customs Excises and make b●nding Laws which no Kings there ever did in like nature no● their Counc●ls in any Age. Majesty call Parliaments to provide for Defence of the Realm when himself may compel his Subjects to defend it without Parliaments If these grounds should hold what need the Subjects grant Subsidies in Parliament for Defence of the Kingdom in time of real danger if the King for defence at any times when he shall only conceive or pretend danger may impose Charges upon his Subjects without their consent in Parliament Upon that which hath been said in this and our former Declaration we doubt not but all indifferent men will be satisfied that this Commission of Array is full of danger and inconvenience to the Subjects of England AND AGAINST THE FUNDAMENTAL LAWS OF THE LAND both for PROPERTY OF GOODS AND LIBERTY OF PERSON c. 2. As it is against THE FUNDAMENTAL LAWS OF THE REALM so no Statute makes it good c. And the Lords and Commons do upon the whole matter here conclude that they are very much aggrieved that after so many Declarations and solemn Protestations made by his Majesty to rule by the known Laws of this Land his Majesty by advice of his ill Councellors should be perswaded to set such a Commission on foot which is so clearly contrary TO THE FUNDAMENTAL LAWS OF THIS LAND the Right of Property and Liberty of the Subject contrary to former Resolutions of Parliament and to the Petition of Right I am certain the generality of the Nation are now as much and more aggrieved that some who were Parties to this Declaration and others who have made as many or more Declarations and Protestations as his Majesty ever did to rule by the known Laws of the Land should since this far exceed his Majesty in the like or more exorbitances in the Militia Excises Taxes Impositions Imprisonments arbitrary extravagant proceedings and capital executions in new erected Courts of Injustice as diametrically contrary as the Kings Commissions of Array to the Fundamental Laws of the Land four times together so stiled and insided on as such in this one Declaration of both Houses the Right of Property of the Subject contrary to former Resolutions and the Petition of Right yea which is most abominable to their own Declarations Remonstrances Votes Protestations Vows Solemn Leagues and Covenants in Parliament to their own eternal Infamy as well as the peoples intolerable oppression and Slavery who thereupon may justly conclude and protest against them as both Houses did in the close of that Declaration against the Array viz * Exact Collection p. 888. And the Lords and Commons do and shall adhere to their former Votes and Resolutions That all those that are Actors in putting of this Commission of Array in execution shall be esteemed disturbers of the Peace of the Kingdome and the Properties and Liberties of the Subject The tenth evidence is 10. a A Collection of all 〈◊〉 Order● 〈…〉 and Declarations of Parliament p. 451 452 457 458. the Vote and Letter of both Houses of Parliament sent to his Majesty at Oxford 9. March 1643. in answer to his Majesties of the third of March wherein there is this passage We the Lords and Commons assembled in the Parliament of England c. have resolved with the concurrent advice and consent of the Commissioner● of Scotland to represent to your Majesty in all hum●●ity and plainness as followeth That this present Parliament convened according to the known and FUNDAMENTAL LAWS OF THE KINGDOM the continuance whereof is established by a Law consented to by your Ma●esty is in effect denied to be a Parliament c. And hereupon we think our selves bound to let your Majesty know That since the * Yet forcibly dissolved by the Army and some new in Power against their Commissions Oaths Trusts Protestation Covenant and an Act of Parliament for their continuance who may do well to peruse this 〈◊〉 See Chap. 2. Proposition 6. 7. continuance of this Parliament is setled by a Law which as all other Laws of your Kingdom your Majesty is sworn to maintain as we are sworn to our Allegiance to your Majesty these Obligations being reciprocal we must in duty and accordingly are resolved with our lives and fortunes to defend and preserve the just Rights and full Power of this Parliament To which the Earl of Essex then General by both Houses direction in his Letter to the Earl of Forth Jan. 30. 1643. adds this Corollary My Lord the maintenance of the Parliament of England and the Priviledges thereof is that for which we are all resolved to spend our bloud as being THE FOUNDATION WHEREON ALL OUR LAWS and LIBERTIES ARE BUILT Which both the Lords and Commons assembled in Parliament in their Declaration of 23. Martii 1643. touching their proceedings upon his Majesties Letter concerning a Treaty of Peace wherein this Earls former Letter is recited thus second The Parliament of England is the only Basis the chief Support and Pillar of our Laws and Liberties c. And if notwithstanding all these Obligations the King shall * How much more ●h●n if the Army o● Army-Officers shall do●● without question or exemplary

punishm●nt again and again and i●stifie it still in 〈◊〉 at his pleasure dissolve this Parliament the Kingdom is not only deprived of the present but made uncapable of enjoying the benefit of any future Parliament or Laws any longer then shall stand with the will and pleasure of the King and consequently THE FUNDAMENTALS OF ALL OUR LAWS GOVERNMENT ARE SUBVERTED Let the Parliament-dissolving Officers Army and their Confederates seriously ponder this with all who shall hereafter sit in Parliamen● consider it in the first place The eleventh is ●1 the a A Collection c. p. 504. Ordinance of both Houses of Parliament 13. Junii 1644. for the Forces raised in the County of Salop which begins thus The Lords and Commons assembled in Parliament taking into their serious considerations the great oppressions under which the Inhabitants of the County of Salop by reason of insupportable Taxes c. and the present condition of the County by reason of the great number of Irish Rebels that have invaded it and joyned with Papists and other ill-affected Persons now in those parts doth threaten the extirpation of the Protestant Religion and the s●b●e●sion of THE FUNDAMENTAL LAWS GOVERNMENT OF THE KINGDOM For prevention whereof c. The twelfth is b A Collection c. p. 877 878 879. A Declaration of the Commons of England assembled in Parliament 17. 12. Aprilis 1646. Of their true intentions concerning the AN●●IENT FUNDAMENTAL GOVERNMENT OF THE KINGDOM securing the people against ALL ARBITRARY GOVERNMENT c. wherein they complain That the Enemy being in despair to accomplish his designs by War do misrepresent our intentions in the use we intended to make of the great Successes God hath given us and the happy opportunity to settle peace and truth in the three Kingdoms to beget a belief that we now desire to exceed or swerve from our first Aims and Principles in the Undertaking of this War and to recede from the Solemn League and Covenant and Treaties between the two Kingdoms and that we would prolong these uncomfortable Troubles ●nd b●eeding Distractions IN * And is not this now proved a real exper●●mental 〈◊〉 in some of 〈◊〉 Remonst●●s to their shame ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION FRAME OF THIS KINGDOM to leave all Government in the Church loose and unsetled and our selves to exercise THE SAME ARBITRARY POWER OVER THE PERSONS ESTATES OF THE SUBJECTS which this present Parliament hath thought fit to abolish by taking away the Star-Chamber High Commission and other Arbitrary Courts and the exorbitant Power of the Councel Table all which we have seen since experimentally verified in every particular in the highest d●gree notwithstanding this Declaration by some in late and present Power notwithstanding this Publication All which being seriously considered by us c. We do declare THAT OUR TRUE REAL INTENTIONS ARE OUR ENDEAVOR SHALL BE to settle Religion in the purity thereof * And can most of the 〈◊〉 monst●●ns 〈…〉 or present power 〈…〉 joy this 〈◊〉 truth or really And must not they be utterly asham●ed confounded before God and men when they consider how they have dissembled prev●ri●ated with God and men herein in each particular TO MAINTAIN THE ANCIENT FUNDAMENTAL GOVERNMENT OF THIS KINGDOM TO PRESERVE THE RIGHTS LIBERTIES In the b Walsingha● Stow Hollinshed Speed Grafton Baker An. 5. R. 2. John Stows Survay of London p. 89. 10 103. Mr. St. Iohns Argument at Law at Straffords Attainder p. 14 fifth year of King Richard the second the vulgar Rabble of people and Villains in Kent Essex Sussex Norfolk Cambridgeshire and other Countries under the Conduct of Wat Tyler Jack Straw and other Rebels assembling together in great multitudes resolved by force and violence to abrogate the Law of villenage with all other Lawes they disliked formerly settled to burn all the Records kill and behead all the Judges Justices and men of Law of all sorts which they could get into their hands to burn and destroy the Innes of Court as they did then the new Temple where the apprentices of the Law lodged burning their Monuments and Records of Law there found to alter the tenures of Lands to devise new Laws of their own by which the Subjects should be governed to change the ancient Hereditary Monarchicall Government of the Realm and to elect pettie elective Tyrannies and Kingdoms to themselves in every Shire a project eagerly prosecuted by some Anarchicall Anabaptists and Jesuites Levellers very lately and though withall they intended to destroy the King at last and all the Nobles too when they had gotten sufficient power yet at first to cloak their intentions for the present they took an Oath of all they met Quod Regi communibus fidelitatem servarent that they should keep Allegeance and faith to the King and Commons 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 against the Law for which divers of the chief actours in this Treasonable Design were condemned and executed as Traitors in severall places and the rest enforced to a publick submission and then pardoned 2. In the a Stow Holinshed Sp●ed Graften Baker in XI 21. R. 2. and 1. H. 4. Satutes at large 11. and 21 R. 2. 1. H. 4 M. St. ●ohns Speech concerning the shipmony Judges p. 28. to 37. And Argument at Law at Straffords Attainder Parliament XL. R. 2. as appears by the Parliament Rolls and printed Statutes at large three Prive Councellours the Archbishop of York the Duke of Ireland and Earl of Suffolk the Bishop of Exeter the Kings Confessour five Knights six Judges whereof Sir Robert Tresilian 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 Traytors the rest banished their Lands and goods forfeited and none to endevour to procure their pardon under pain of Felony for endeavouring to overthrow a Commission for the good of the Kingdome and contrary to an Act of Parliament of force of arms and Opinions in Law delivered to the King 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 3. In the a Mr. St. John at Law against Straffords Attainder p. 13. 14 17. Parliament of 17 R. 2. n. 20. and Pas 17. R. 2. B. RS. Ror 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 X. R. 2. and assembling people in a warlike manner in the County of Chester for the effecting of it in destruction of the Estates of the Realm and OF THE LAWES OF THE KINGDOME 4. In the 29. year of King Henry the sixth Jack Cade under a pretence to REFORM alter and abrogate some Laws Purveyances and extortions importable to the Commons wherupon he was called JOHN AMEND ALL drew a great multitude of Kentish people to Black Heath in a warlike manner to effect it in the Parliament of 29. H. 6. c. 1. this was adjudged High Treason in him and his Complices by act of Parliament and the Parliament of 31. H. 6. c. 1. made this memorable Act against him and his Imitators insucceeding ages worth serious perusall and consideration by all who tread in his footsteps and over-act him in his Treasons Whereas the most abominable Tyrant horrible odious and errant FALSE TRAITOR John Cade calling himself sometimes Mortimer sometime Captain of Kent which Name Fame Acts and Feats to be removed out of the speech and mind of every faithfull Christian man perpetually falsly and trayterously purposing and imagining the perpetual destruction of the KINGS PERSON and FINALL SVBVERSION OF THIS REALM taking upon him * And have not others of late assumed to themselves more Royal power than he resolved to be Treason by 21. E. 3. Rot. Parl. n. 15. ROYALL POWER and gathering to him the Kings people in great number BY FALSE SUBTIL IMAGINED LANGUAGE and seditiously made a stirring Rebellion and insurrection VNDER COLOVR OF JVSTICE FOR REFORMATION OF THE LAWS OF THE SAID KING robbing slaying spoiling a great part of his faithfull people Our said Soveraign Lord the King considering the premises with many other which were more odious to remember by advice and assent of the Lords spirituall and Temporall and at THE REQUEST OF THE COMMONS and by authority aforesaid hath ordained and established that the said John Cade shall be had named and declared A FALSE TRAYTOR to our said Soveraign Lord the King Nota. and that all His Tyranny Acts Facts false Opinions shall be voyded abated adnulled destroyed and put out of remembrance for ever And that all indictments in time coming in like case under power of Tyranny Rebellion and stirring had shall be of no regard nor effect but void in Law and all the Petitions * To wit by Cade and his confederates for the alteration of the Laws c. delivered to the said King in his last Parliament holden at Westminster the sixth day of November the 29. of his Reign against his mind by him not agreed shall be taken and put in oblivion out of remembrance undone voided adnulled and destroyed for ever as a thing purposed against God and his Conscience and against his Royall estate and preheminence and also DISHONOVRABLE andVNREASONABLE 5. In the a See Mr. St. Iohns Argument against Strafford p. 178. Halls Chronicle and Hollinshed 8 year of King Henry the 8. William Bell and Thomas Lacy in the County of Kent conspired with Thomas Cheyney the Hermite of the Queen of Fairies TO OVERTHROW THE LAWS AND CVSTOMES OF THE REALM for effecting whereof they with 200. more met together and concluded upon a cause or raising greater forces in Kent and the adjacent Shires this was adjudged high Treason and some of them executed as Traytors Moreover it b Cooks 3. institutes p. 9. 10. was resolved by all the Judges of in the reign of Henry 8. that an Insurrection against the Statute of Labourers or for the inhansing of Salaries and wages was TREASON a levying war against the King BECAUSE IT WAS GENERALLY AGAINST THE KINGS LAW and the offendors took upon them THe REFORMATION THEREOF which Subjects by gathering of power ought not to do a Cooks 4. Institutes ch 8. p. 89. to 96. 6. On December 1. in the 21. year of King Henry the 8. Sir Thomas Moore Lord Chancellour of England with 14. more Lords of the Privy Councel John Fitz-James Chief Justice of England and Sir Anthony Fitzherhert one of the Judges of the Common Pleas exhibited sundry Articles of impeachment to King Henry the 8. against Cardinall Wolsy That he had by divers and many sundry wayes and fashions committed High treason and NOTABLE GRIEVOUS OFFENCES misusing Altering and subverting the order of his Graces Lawes and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royall to the inestimable great hinderance diminution and decay of the uniuersall Wealth of this his Graces Realm The Articles are 43. in number The 20 21 26 30 35 37 42 43. contain his illegall arbitrary practices and proceedings to the subversion of the due course and order of his Graces Lawes to the undoing of a great number of his loving people Whereupon they pray Please therefore your most excellent Majesty of your excellent goodnesse towards the Weal of this your Realm and Subjects of the same to see such order and direction upon the said Lord Cardinall As may be to terrible example of other to beware to offend your Grace and your Lawes hereafter And that he be so provided for that he never have any Power Jurisdiction or Authority hereafter to trouble vex or impoverish the Common wealth of this your Realm as he hoth done heretofore to the great hurt and dammage of every man almost High and low * See Speed Holished Grafton Stow Antiquitates Ecclesiae Brit. p. 378. 379. and Goodwin in his life time His poysoning himself prevented his judgement for these his Practises b M. St. Iohns Argument against Strafford 7. The Statute of 1. Marie c. 12. Enacts that if 12. or more shall endeavour By force to alter any of the Laws or Statutes of the Kingdome the offender shall from the time therein limited be adjudged ONELY AS A FELON whereas it was Treason before but this Act continuing but till the next Parliament and then expiring the offence remains Treason as before a Cook 3 Inst c. 1. 9 10. and M. St. Iohns Argument at Law against Strafford p. 15 16. 8. In the 39. of Queen Elisabeth divers in the County of Oxford consulted together to go from House to House in that County and from thence to London and other parts to excite them to take arms for the throwing down of inclosures throughout the Realm nothing more was prosecuted nor Assemblies made yet in Easter Term 39. Elisabeth it was resolved by all the judges of England who met about the case That this was High Treason and a levying Warre against the Queen because it was to throw down all inclosures throughout the Kingdome to which they could pretend no right and that the end of it was to OVERTHROW THE LAWS AND STATUTES for Inclosures Whereupon BRADSHAW and BURTON two of the principall offenders were condemned and executed

at Aiciston Hill in Oxfordshire where they intended their first meeting b See the Journals of both Houses and Act for his Attainder Mr. Pyms Declaration upon the whole matter of the Charge of High Treason against him April the 12. 1641. M. St. Iohns Argument at Law at his Attainder and Diurnal Occurrences 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 1640. 1641. 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 ENDEVOURED by his Words Actions and Counsels to SUBVERT THE FUNDAMENTALL LAWS OF ENGLAND and IRELAND and introduce an Arbitrary and Tyrannicall Government This the whole Parliament declared and adjudged to be High Treason in and by their votes and a speciall Act of Parliament for his Attainder for which he was condemned and soon after executed on Tower Hill as a Traytour to the King and Kingdome May 22. 1641. c See the Commons and Lords Iournals his printed impeachment Mr. Pyms Speech thereat Canbuties Doom p. 25 26 2● 38 40 10. The whole House of Commons the same Parliament impeached William Laud Archbishop of Canterbury of HIGH TREASON in these very terms February 6. 1640. First That he hath trayterously endeavoured to subvert Fundamentall Lawes and Government of this Kingdome of England and instead thereof to introduce An Arbitrary and Tyrannicall Government against Law See chap. 2. Proposition 1. and he to that end hath wickedly and TRAYTEROUSLY advised his Majesty that he might at his own will and pleasure L●vy and take money of his Subjects without their consent in Parliament and and this he affirmed was warrantable by the Law of God Secondly He hath for the better accomplishment of that his Trayterous design advised and procured Sermons and other Discourses to be preached printed and published in which the Authority of Parliaments and the force of the Lawes of this Kingdome have been denyed and absolute and unlimited Power over the persons and estates of his Majesties Subjects maintained and defended not onely in the King but in himself and other Bishops against the Law Thirdly He hath by Letters Messages Threats and promises and by divers other wayes to Judges and other Ministers of Justice interrupted perverted and at other times by means aforesaid hath endevoured 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 Tyrannical will to their ruine and destruction Fourthly That he hath trayterously endevoured to corrupt the other Courts of Justice by a vising and procuring his Majesty to sell places of Judicature and other offices CONTRARY TO THE LAWS and CUSTOMES in that behalf Fifthly He hath TRAYTEROUSLY caused 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 to 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 trayterously endevored 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 divers Popish Doctrines and opinions contrary to to the Articles of Religion ESTABLISHED BY LAW He hath urged and enjoyned divers Popish and Superstitious Ceremonies WITHOVT ANY WARRANT OF LAW and hath cruelly persecuted those who have opposed the same by corporall punishments and imprisonments and most unjustly vexed others who refused to conform thereunto by Eccclesiasticall Censures Excommunication Suspension Deprivation and Degradation CONTRARY TO THE LAWS OF THIS KINGDOME 13. He did by his own authority and power contrary to Law procure sundry of his Majesties Subjects and enforced the Clergy of this Kingdome to contribute towards the maintenance of the war against the Scots That to preserve himself from being questioned for these and other his Trayterous Courses he hath laboured to Subvert the Rights of Parliament and the ancient Course of Parliamentary Proceedings and by false and malicious slanders to incense his Majesty against Parliaments All which being proved against him at his Triall were after solemn Argum●nt by Mr. Samuel Brown in behalf of the Commons House proved and soon after adjudged to be High Treason at the Common Law by both Houses of Parliament and so declared in the Ordinance for his Attainder for which he was condemned and beheaded as a Traitor against the King Law and Kingdome on Tower hill January 10. 1644. 11. In the a See the Commons and Lords Journals Durnal Occurrences p. 15 16 19. 37. 191. to 264. and Mr. St. Iohns Speech at a conscience of both Houses of Parliament concerning shi●mony and these Judges Together with the Speeches of Mr. Hide Mr. Walker Mr. P●erpoint Mr. Denzill Hollis at their impeachments ●uly 16. 1641. aggravating their offences in Diurnall Occurrences and Speeches same Parliament December 21. Jan. 14. February 11. 1640. and July 6. 1641. Sir John Finch then Lord Keeper chief Justice Bramston Judge Berkly Judge Crawly Chief Baron Davenport Baron Weston and Baron Turnour were accused and impeached by the House of Commons by several Articles transmitted to the Lords OF HIGH TREASON for that they had Traitorously and wickedly endeavoured to subvert the Fundamentall Laws and est●blished Government of the Realm of ENGLAND and instead thereof to introduce an Arbitrary and Tyrannicall Government against Law which they had declared by Traiterous and wicked words opinions judgement and more especially in this their extrajudiciall opinion subscribed by them in the case of Ship-money viz. We are of opinion that when the good and safety of the Kingdome in generall is concerned and the whole kingdome in danger Your Majesty may by Writ under the Great Seal of England without consent in Parliament command all your Subjects of this your Kingdome See ch 2. Proposition 1. at their charge to provide and furnish such a number of Ships with Men Victuall and Ammunition and for such time as your Majesty shall think fit for the Defence and safeguard of the Kingdome from such danger and perill And we are of opinion that in such case your Majesty is the sole Judge both of the danger and when and how the same is to be prevented and avoided And likewise for arguing and giving iudgment accordingly in Master John Hempdens case in the Exchequer Chamber in the point of Ship money in Aprill 1638. which said Opinions

In times of sudden danger by the Invasion of an enemy it will disable his Majesty to preserve himself and his Subjects from that danger When war threatens a Kingdome by the coming of a forreign enemy it is no time then to discontent the people to make them weary of the PRESENT GOVERNMENT and more inclinable to a change The Supplies which are to come in this way will be unready uncertain there can be no assurance of them no dependence upon them either for time or proportion And if some money be gotten in such a way the Distractions the Divisions Distempers which this cause is apt to produce will be more prejudiciall to the publick safety than the Supply can be advantageous to it 6. This crime is contrary to the Pact and Covenant between the King and his people by mutuall agreement and stipulation confirmed by OATH on both sides 7. It is an Offence that is contrary to the ends of Government 1. To prevent Oppressions to * Was ever their power violence so unlimited unbounded in all Kinds as now limit and restrain the excessive power and violence of great Men to open passages of Justice with indifference towards all 2. To preserve men in their Estates to secure them in their Lives and Liberties 3. That vertue should be cherished and vice suppressed but where Laws are subverted and arbitrary and unlimited power set up a way is open not onely for the security but for the Advancement and Incouragement of evil Such men as are * Is it not most true of late and still aptest for the execution and maintenance of this power are onely capable of Preferment and others will not he Instruments of any unjust Commands who make conscience to do any thing against the Law of the Kingdome Nota. and Liberties of the Subject are not only not passable for imployment but SUBJECT TO MUCh JEALOUSIE and DANGER Is not this their Condition of late and present times expertus loquor 4. That all Accidents and events all Counsels and Designs should be improved to the publick good But this arbitrary power is apt to dispose all to the maintenance of it self And is it not so now 8. The Treasons of Subersions of the Lawes violation of Liberties can never be good or justifiable by any circumstance or occasion being evil in their own nature how specious or good soever they be pretended He alledgeth it was a time of GREAT NECESSITY and DANGER Nota. when such Counsels were necessary FOR THE PRESERVATION OF THE STATE the Plea since and now used by others who condemned him If there were any NECESSITY IT WAS OF HIS OWN MAKING He by his evil Counsel had brought the King as others the Kingdome since into a necessity and by no Rules of Justice can be allowed to gain this advantage to his Justification which is A GREAT PART OF HIS OFFENCE 9. As this is Treason in the nature of it so it doth exceed all other Treasons in this that in the Design and endevour of the Authour it was to be A CONSTANT and PERMANENT TREASON a standing perpetual Treason which would have been in continuall Act not determined within one time or age but transmitted to Posterity even from Generation to Generation And are not others Treasons of late times such proclaimed such in and by their own Printed Papers and therein exceeding Straffords 10. As it is a crime Odious in the nature of it so it is odious in the Judgement and estimation of the Law TO ALTER THE SETLED FRAME AND CONSTITUTION OF GOVERNMENT IN ANY STATE Let those consider it who are guilty of it in the highest Degree beyond Strafford Canterbury or the Shipmony Judges in our own State The Lawes whereby all parts of a Kingdome are preserved should be very vain and defective if they had not a Power to secure and preserve themselves The Forfeitures inflicted for Treason by our Law are of Life Honour and Estate even all that can be forfeited and this Prisoner although he should * And others as well as he of farre inseriour place and Estate pay all these Forfeitures will still be a Debtor to the Common wealth Nothing can be more equall then that he should perish by the Justice of the Law which he would have subverted Neither will this be a New way of blood There are marks enough to trace this Law to the very Originall of this Kingdome And if it hath not been put in execution as he alledgeth this 240 years it was not for want of Law but that all that time had not bread a man * But have not our times bred men much bolder then he since this Sp●ech was made and he executed bold enough to commit such crimes as these which is a circumstance much aggravating his Offence and making him no lesse liable to punishment because he is THE * Since he hath many followe●s ONELY MAN that in so long a time hath ventured UPON SUCH A TREASON AS THIS ' Thus far M. John Pym in the Name and by the Order and Authority of the whole Commons House in Parliament which I wish all those who by their Words Actions Counsels and printed Publications too have trayterously endevoured to subvert the Fundamentall Lawes Liberties of England and Ireland and to introduce an arbitrary and Tyrannicall Government against Law as much as ever Strafford did and out stripped him therein even since his execution in all particulars for which he was beheaded would now seriously lay to heart and speedily reform lest they equall or exceed him in conclusion in Capitall punishments for the same or endlesse Hellish Torments The next Authority I shall produce in point is The speech and Declaration of Mr. Oliver St. John at a Conference of both Houses of Parliament concerning Shipmony upon Judge Finches Impeachment of High Treason January 14. 1640. printed by the Commons Order London 1641. wherein he declares the sense of the Commons p. 12. c. ' That by the Judges Opinions forecited concerning Shipmony THE FUNDAMENTAL LAWS OF THE REALM CONCERNING OUR PROPERTY and OUR PERSONS ARE SHAKEN Whose Treasonable Offence herein he thus aggravates p. 20. c. The Judges as is declared in the Parliament of 11. R. 2. are the Executors of the Statutes and of the Judgements and Ordinances of Parliament They have here made themselves the * Have none done so since them EXECVTIONERS OF THEM they have endevoured THE DESTRVCTION OF THE FVNDAMENTALS OF OVR LAWS and LIBERTIES Holland in the Low-Countries lies under the Sea the Superficies of the Land is lower than the Superficies of the Sea It is Capitall therefore for any man to cut the Banks because they defend the Country Besides our own See chap. 2. even Forreign Authours as Comines observes Proposition 1. That the Statute DE TALLAGIO and the other old Laws are the Sea walls and Banks which keep the Commons from the innundation of the Prerogative These