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A56162 The first and second part of A seasonable, legal, and historicall vindication and chronological collection of the good old fundamentall liberties, franchises, rights, laws of all English freemen ... wherein is irrefragably evinced by Parliamentary records, proofs, presidents, that we have such fundamentall liberties, franchises, rights, laws ... : collected, recommended to the whole English nation, as the best legacy he can leave them / by William Prynne of Swainswick, Esquire.; Seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all English freemen. Part 1-2 Prynne, William, 1600-1669. 1655 (1655) Wing P3954; ESTC R19429 161,045 206

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there is a Paper wherein these words are engraven Ego sicut Oliva fructifera in domo Dei taken out of Ps 52. 8. which pourtraictures they then printed and published to the world wherein they set forth the number of their Colledges and Seminaries to be no less then 777. increased to 155 more by the yeer 1640. in all 932. as they published in like Pictures Pageants printed at Antwerp 1640. Besides sundry New Colledges and Seminaries erected since In these Colledges and Seminaries of theirs they had then as they print 15591 Fellews of their Society of Jesus besides the Novices Scholars and Lay-brethren of their Order amounting to neer ten times that number So infinitely did this evil weed grow and spread it self within one hundred yeers after its first planting And which is most observable of these Colledges and Seminaries they reckoned then no less then 15 secret ones IN PROVINCIA ANGLICANA in the Province of ENGLAND where were 267 SOCII or Fellows of that Society besides 4 COLLEDGES OF ENGLISH JESUITES ELSEWHERE In IRELAND and elsewhere 8 Colledges of IRISH JESUITES and in SCOTLAND and otherwhere 2 Residencies of SCOTTISH JESUITES What the chief imployments of Ignatius and his numerous swarms of Disciples are in the World his own Society at the time of his Canonization for a Romish Saint sufficiently discovered in their painted Pageants then shewed to the people wherein they pourtraied this new Saint holding the whole world in his hand and fire streaming out forth of his heart rather to set the whole world on fire by Combustions Wars Treasons Powder-plots Schismes new State and old Church-Heresies then to enlighten it with this Motto VENI IGNEM MITTFRE I came to send fire into the World which the University of Cracow in Poland objected amongst other Articles against them Anno 1622. and Alphonsus de Vargas more largly insisteth on in his Relatio de Stratagematis Sophismatis Politicis Jesuitarum c. An. 1641. c. 7 8 24. Their number being so infinite and the Pope and Spaniard too having long since by Campanella's advice erected many Colledges in Rome Italy Spain the Netherlands and elsewhere for English Scottish Irish Jesuites as well as for such secular Priests Friers Nuns of purpose to promote their designs against the Protestant Princes Realms Churches Parliaments of England Scotland Ireland to reduce them under their long prosecuted UNIVERSAL MONARCHY over them by Fraud Policy Treason intestine Divisions and Wars being unable to effect it by their own Power no doubt of late yeers many hundreds if not thousands of this Society have crept into England Scotland and Ireland lurking under several disguises yea an whole Colledge of them sate weekly in counsel in or neer Westminster some few yeers since under Conne the Popes Nuntio on purpose to embroyle England and Scotland in bloody civil wars therby to endanger shake subvert these Realms and destroy the late King as you may read at large in my Romes Master-piece published by the Commons special Order An. 1643. who occasioned excited fom●nted the first and second intended but happily prevented wars between England and Scotland and after that the unhappy Differences Wars between the King Parliament and our three Protestant Kingdoms to bring them to utter desolation and extirpate our reformed Religion The Kings Forces in which many of them were Souldiers after some yeers wars being defeated thereupon their Father Ignatius being a SOULDIER and they his Military sons not a few of them secretly insinuated themselves as Souldiers into the Parliaments Army and Forces as they had formerly done into the Kings where they so cunningly acted their parts as extraordinary illuminates gifted brethren and grand States-men that they soon leavened many of the Officers Troopers and common Souldiers with their dangerous Jesuitical State-politicks and Practises put them upon sundry strange designs to new-mould the old Monarchical Government Parliaments Church Ministers Laws of England erecting a New General Councel of Army-Officers and Agitators for that purpose acting more like a Parliament and Supream Dictators then Souldiers And at last instigated the Army by open force against their Commissions Duties Oaths Protestations and Solemn League Covenant to Impeach imprison seclude first elevē Commoners then some six or seven Lords after that to secure seclude the Majority of the Commons House suppress the whole House of Lords destroy the King Parliament Government Priviledges Liberties of the Kingdom Nation for whose defence they were first raised which by no other adverse power they could effect This produced new bloody divisions animosities wars in and between our three Protestant Realms and Nations after with our Protestant Allies of the Netherlands Campanella's express old projected Plots to subject us both to the Popes and Spaniards Monarchies effected by the Spaniards Gold and Agents with sundry heavy Monthly Taxes Excises Oppressions Sales of the Churches Crowns and of many Nobles and Gentlemens Lands and Estates to their undoing our whole Nations impoverishing and discontent an infinite profuse expence of Treasure of Protestant blood both by Land and Sea decay of Trade with other sad effects in all our three Kingdoms yea sundry successive New changes of our publick Government made by the Army-Officers who are still ringing the changes according to Campanela's and Parsons Platforms So that if Fire may be certainly discerned by the smoke or the Tree commonly known by its Fruits as the Truth it self resolves Matth. 12. 33. we may truly cry out to all our Rulers as the Jews did once to the Rulers of Thessalonica in another case Act. 17. 6. THOSE Jesuites WHO HAVE TURNED THE WORLD UPSIDE DOWN ARE COME HITHER ALSO and have turned our Kingdoms Kings Peers Monarchy Parliaments Government Laws Liberties yea our very Church and Religion too in a great measure UPSIDE DOWNE even by those very Persons who were purposely raised commissiond waged engaged by Protestations Covenanes Vows Oathes Laws Allegiance and Duty to protect them from these Jesuitical Innovations and subversions And those Jesuites Spanish Romish Agents who have so far seduced so deeply engaged them contrary to all these Obligations and to their own former printed Engagements Remonstrances Representations Proposals Desires and RESOLUTIONS for setling this Nation in its just Rights the Parliament in their just Priviledges and the Subjects in their Liberties and Freedoms published to all the World in the name of Sir Thomas Fairfax THE ARMY AND THE GENERAL COUNCEL OF THE ARMY none Volume London 1647. which they may do well to peruse yea against the Votes Intreaties Desires Advices of both Houses of Parliament the Generality of the good Ministers people of the three whole Kingdoms and their wisest best affected Protestant Friends who commissioned raised paid assisted them for far other ends O whether may they will they not in all humane probability rashly blindly suriously henceforth lead drive precipitate them to our whole three Kingdoms Churches Parliaments
illis annis afficerint Praeterea suspicionem cis incu●iat fore ut Jacobus CAEDEM MATERNAM VINDICATURUS SIT c. Exasperandi sunt etiam animi Episcoporū Presbyterorū Anglicorum proponendo illis REGEM SCOTIAE Calvinismum amplexum esse SPE CUPIDITATE REGNI ADACTUMQVE VI A BARONIBUS HAERETICIS quod si vero Regnu● Angliae etiam ●btineat TVM ILLVM CITO PRIOREM RELIGIONEM REVOCATURUM ESSE qùandoquidem non solum MARIA EJVS MATER moriens virum etiā 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 reck●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 p●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 desolatiō 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 successiō 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 comm̄only 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
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 sott●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
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 ●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 main●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 exc●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
to settle Religion in the purity thereof TO MAINTAIN THE ANCIENT and FUNDAMENTALL GOVERNMENT OF THIS KINGDOME TO PRESERVE THE RIGHTS and LIBERTIES OF THE SUBJECT to lay hold on the first opportunity of procuring a safe and well grounded peace in the three Kingdoms and to keep a good understanding between the two Kingdomes of England and Scotland according to the grounds expressed in the Solemn League and Covenant And lest these generals should not give a sufficient satisfaction we have thought fit to the end men might no longer be abused in a misbelief of our intentions or a misunderstanding of our actions to make a further enlargement upon the particulars And first Concerning Church-Government c. because we cannot consent to the granting of an Arbitrary and unlicensed Power and Jurisdiction to neer ten thousand Judicatories to be erected within this Kingdome and this demanded in such a way as is not consistent with the FVNDAMENTAL LAWS and GOVERNMENT OF THE SAME c. Our full resolutions still are sincerely really and constantly to endeavour the Reformation of Religion in the Kingdome of England and Ireland in Doctrine Worship and Government according to the word of God and the example of the best Reformed Churches and according to the Covenant WE ARE SO FARRE FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOME BY KING LORDS and COMMONS that we have onely desired that with the consent of the King such Power may be settled in the TWO HOVSES without which we can have no assurance but that the like or greater mischiefs than those which God hath hither to dilivered us from may break out again and engage us in a second and more destructive war whereby it plainly appears Our intentions are not to change the Antient Frame of Government within this Kingdome but to obtain the end of the Primitive Institution of all Government The safety and weal of the People not judging it wise or safe after so bitter experience of the bloody consequence of a pretended Power of the Militia in the King to leave any colourable authority in the same for the future attempts of introducing AN ARBITRARY GOVERNMENT OVER THIS NATION We do declare That we will not nor any by colour of any Authority derived from us shall interrupt the ordinary course of Justice in the severall Courts of Judicatories of this Kingdome nor intermeddle in the cases of private interest other where determinable unlesse it be in case of male-Administration of Justice wherein we shall see and provide that Right be done and punishment inflicted as there shall be occasion ACCORDING TO THE LAWS OF THE KINGDOME Lastly Whereas both Nations have entred into a Solemn League and Covenant we have and EVER SHALL BE VERY CAREFULL DULY TO OBSERVE THE SAME that as nothing hath been done SO NOTHING SHALL BE DONE BY US REPUGNANT TO THE TRUE MEANING AND INTENTION THEREOF c. WHO WILL NOT DEPART FROM THOSE GROUNDS AND PRINCIPLES upon which it was framed and founded Though the generality of the afterwards secured and secluded Majority of the House of Commons endeavoured constantly to make good this Declaration in all particulars yet how desperatly the garbled Minority thereof continuing in power after their Seclusion prevaricated apostatized and falsified their Faith herein in every particle in the highest degree we cannot but with greatest grief of heart and detestation remember to the subversion ruine of our King Lords Commons Kingdome Parliaments Fundamentall Laws Government and the peoples Liberties c. almost beyond all hopes of restitution or reparation in humane probability without a miracle from heaven The Lord give them grace most seriously to consider repent of and really sincerely reform it now at last and to make it the principle subject of their prescribed publike Humiliations Fasts and Lamentations as God himself prescribes Isa 58. 5 6 7 8. Jer. 34. 8. to 22. Ezech. 19. 1. 14. Hos 10. 3 4. and not still to adde drunkennesse to thirst lest they bring them to temporall and eternal condemnation for it in Gods own due time and engender endlesse Wars Troubles Taxes Changes Confusions in our Kingdomes as they have hitherto done and will do till all be restored to their just Rights Powers Places Possessions and Liberties By this full Jury of Parliamentary Authorities to omit many others of like or inferiour nature and lesse moment it is undeniable That the people of England have both ancient Fundamentall Rights Liberties Franchises Laws and a Fundamental Government which like the Laws of the Medes and Persians neither may nor ought to be altered or innovated upon any pretence but perpetually maintained defended with greatest care vigilancy resolution and he who shall deny or oppugn it deser●●s no refulation by further arguments since it is a received Maxime in all Arts Contra Principia negantem non est disputandum but rather demerits a sentence of Condemnation and publike execution at Tyburn as a Common Enemy Traitor to our Laws Liberties Nation it being no lesse than a transcendent crime and High Treason by our Laws for any person or persons secretly or openly to attempt the undermining or subversion of our fundamental laws rights Liberties Government especially by fraud treachery force or armed power and violence the later part of my first proposal which I shall now confirm by these twelve following Presidents and Evidences corroborating likewise the former part That we have such Fundamental laws liberties rights franchises and a fundamental Government too In the fifth year of King Richard the second the vulgar rabble of people and villains in Kent Essex Sussex Norfolk Cambridge-shire and other Counties under the Conduct of Wat Tyler Jack Straw and other Rebels assembling together in great multitudes occasioned at first by the new invented Tax of Poll-money granted by Parliament and the over-rigorous levying thereof on the people by the Kings Officers though nothing so grievous as our Excises Contributions new Imposts now so long exacted without any legal Grant in true free and full English Parliaments resolved by force and violence to abrogate the law of Villenage with all other laws they disliked formerly setled 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 Inns 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 erect petty elective Tyrannies and Kingdomes to themselves in every shire A project eagerly prosecuted by some Anarchicall Anabaptists Jesuits 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
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 ad●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
Ecclesiasticall Censures Excommunication Suspension Deprivation and Degradation CONTRARY TO THE LAWS of this kingdome Thirteenth 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 other his Traiterous courses he hath laboured to subvert the Rights of Parliament and the ancient course of Parliamentary proceedings and have not the Army Officers and others actually done it since upon the same accompt and by false and malicious slanders to incense his Majesty against Parliaments All which being proved against him at his Triall were after solemn Argument 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 Kingdom on Tower Hill January 10. 1644. 11. In the same Parliament December 21. Jan. 14. Febr. 11. 1640. and July 6. 1641. Sir John Finch then Lord Keeper Chief Justice Bramston Judge Berkley Judge Crawly Chief Baron Davenport Baron Weston and Baron Trevour were accused and impeached by the House of Commons by several Articles transmitted to the Lords OF HIGH TREASON for that they had Traiterously and wickedly endeavoured to subvert the Fundamental Laws and established Government of the Realm of ENGLAND and instead thereof to introd●ce an Arbitrary and Tyrannical Government against Law which they had declared by traiterous and wicked words opinions judgements 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 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 sume is to be prevented and avoided And likewise for arguing and giving judgment accordingly in Mr. John Hampdens case in the Exchequer Chamber in the point of Ship money in April 1638 which said opinions are Destructive to the Fundamental Laws of the Realm the Subjects Right of Property and contrary to former Resolutions in Parliament and the Petition of Right as the words of their severall Impeachments run Sir John Fin●h fled the Realm to preserve his head on his shoulders some others of them died through fear to prevent the danger soon after their Impeachments and the rest who were lesse peccant were put to Fines 12. Mr. John Pym in his Declaration upon the whole matter of the charge of High Treason against Thomas Earl of Strafford Aprill 12. 1641. before a Committee of both Houses of Parliament in Westminster Hall printed and published by Order of the House of Commons proves his endeavour to subvert the Fundamental Laws of England and to introduce an Arbitrary Power to be High Treason and an offence very hainous in the nature and mischievous in the effects thereof which saith he will best appear if it be examined by that universall and supream Law Salu● Populi the element of all Laws out of which they are derived the end of all Laws to which they are designed and in which they are perfected 1. It is an offence comprehending all other Offences Here you shall finde several Treasons Murthers Rapines Oppressions Perjuries There is in this Crime a Seminary of all evils hurtfull to a State and if you consider the Reasons of it it must needs be so The Law is that which puts a difference betwixt good and evill betwixt just and unjust If you take away the law all things will fall into confusion every man will become a law to himself which in the depraved condition of humane nature must needs produce many great enormities Lust will become a Law and Envy will become a law Covetousnesse and Ambition will become laws and what Dictates what decisions such laws will produce may easily be discerned in the late Government of Ireland and England too since this The law hath a power to prevent to restrain to repair evils without this all kindes of mischiefs and distempers will break in upon a State It is the Law that intitles the King to the Allegiance and Service of his people it intitles the People to the Protection and Justice of the King c. The Law is the Boundary the measure betwixt the Kings Prerogative and the Peoples Liberties whiles these move in their Orbe they are a support and security to one another but if these Bounds be so removed that they enter into contestation and conflict one of these great mischiefs must needs ensue if the Prerogative of the King overwhelm the Liberty of the people it will be turned into Tyranny If Liberty undermine the Prerogative it will turn into Anarchy The Law is the safegard the custody of all private interests your Honours your Lives your Liberties and your estates are all in the keeping of the Law without this every man hath a like Right to any thing and this is the condition into which the Irish were brought by the Earl of Strafford and the English by others who condemned him And the reason which he gave for it hath more mischief than the thing it self THEY ARE A CONQUERED NATION let those who now say the same of England as well as Scotland and Ireland consider and observe what followes There cannot be a word more pregnant and fruitfull IN TREASON than that word is There are few Nations in the world that have not been conquered and no doubt but the conquerour may give what Laws he please to those that are conquered But if the succeeding Parts and Agreements do not limit and restrain that right what people can be secure England hath been conquered and Wales hath been conquered and by this reason will be in little better case than Ireland If the King by the Right of a Conquerour give Lawes to his people shall not the people by the same reason be restored to the Right of the conquered to recover their Liberty if they can What can be more hurtful more pernicious than such Propositions as these 2. It is dangerous to the Kings Person and dangerous to his Crown it is apt to cherish ambition usurpation and oppression in great men and to beget sedition discontent in the people and both these have been and in reason must ever be great causes of trouble
frequently universally invaded assaulted undermined by our Kings and their evil Instruments heretofore and others since and thereupon more strenuously frequently vigilantly maintained fenced regained 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 hath been constantly defended maintained when impugned or incroached upon by our Ancestors and our selves 1 That no Tax Tallage Aid Subsidy Custom Contribution Loan Imposition Excise or other Assesment whatsoever for defence of the Realm by Land or Sea or any other publick ordinary or extraordinary occasion may or ought bee imposed or leavied upon all or any of the Freemen of England by reason of any pretended or real Danger Necessity or other pretext by the Kings of England or any other Powers but only with and by their common consent and grant in a free and lawful English Parliament duly summoned and elected except only such antient legal Ayds as they are specially obliged to render by their Tenures Charters Contracts and the common Law of England 2 That no Free-man of England ought to bee arrested confined imprisoned or in any private Castles or remote unusual Prisons under Souldiers or other Guardians but only in usual or Common Gaols under sworn responsible Goalers in the County where he lives or is apprehended and where his friends may freely visit and releeve him with necessaries And that only for some just and legal Cause expressed in the Writ Warrant or Process 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 illegal Catchpolls That no such Free-man ought to bee denied Bail Mainprise or the benefit of an Habe as Corpus or any other Legal Writ for his enlargement when Bailable or Mainprizable by Law nor to be detained Prisoner for any real or pretended Crime not bailable by Law longer than until the next general or special Gaol-delivery held in the County where he is imprisoned when and where he ought to be legally tried and proceeded against or else enlarged by the Justices without denial or delay of Right and Justice And that no such Free-man may or ought to be out-lawed exiled condemned to any kinde of Corporal punishment loss of Life or Member or otherwise destroyed or passed upon but only by due and lawful Process Indictment and the lawful Trial Verdict and Judgement of his Peers according to the good old Law of the Land in some usual Court of publick Justice not by and in new illegal Military or other Arbitrary Judicatories Committees or Courts of High Justice unknown to our Ancestors 3 That the ordinary standing Militia Force and Arms of the Kingdom ought to reside in the Nobility Gentry Freeholders and Trained Bands of the Kingdom not in Mercenary Officers and Souldiers receiving pay and Contributions from the people more apt to oppress inslave betray than protect their Laws Liberties and to protract than end their Warres and Taxes That no Free-men of England unless it bee by special Grant and Act of Parliament may or ought to be compelled enforced pressed or arrayed to go forth of his own County much less out of the Realm into forreign parts against his will in times of Warre or Peace or except he be specially obliged thereto by antient Tenures and Charters save only upon the sudden coming of strange enemies into the Realm and then he is to array himself only in such sort as he is bonnd to do by the ancient Laws and Customs of the Kingdom still in force 4 That no Free-man of England may or ought to be disinherited disseised dispossessed or deprived of any Inheritance Free-hold Office Liberty Custom Franchise Chattles Goods whatsoever without his own Gift Grant or free Consent unless it be by lawful Processe Trial and Judgement of his Peers or special Grant by Act of Parliament nor to be denied or delayed common Right or Justice in any case 5 That the old received Government Laws Statutes Customs Priviledges Courts of Justice legal Processe of the Kingdom and Crown ought not to be altered repealed suppressed in any sort nor any new form of Government Law Statute Ordinance Court of Judicatury Writ● or legal proceedings instituted or imposed on all or any of the Free-men of England by any person or persons but only in and by the Kingdoms peoples free and full precedent consent in a lawful Parliament wherein the Legislative power solely resides 6 That Parliaments ought to be duly summoned and held for the good and safety of the Kingdom every year or every three years at least or so soon as there is just occasion That the Election of all Knights Citizens and Burgesses to sit and serve in Parliament and so of all other Elective Officers ought to be free That all Members of Parliament Hereditary or Elective ought to be present and there freely to speak and vote according to their Judgements and Consciences without any over-awing Guards to terrifie them and none to be forced sequestered or secluded thence by force or fraud That all Parliaments not thus duly and freely summoned elected freely held but unduly packed without due Elections or by forcible secluding securing any of the Members or not summoning all of them to the Parliament and all Acts of Parliament fraudulently or forcibly procured by indirect means ought to be nulled repealed reputed voyd and of dangerous president 7 That neither the Kings nor any Subjects of the Kingdom of England may or ought to be summoned before any Forreign Powers or Jurisdictions whatsoever out of the Realm or within the same for any manner of Right Inheritance Thing belonging to them or Offence done by them within the Realm nor tried nor judged by them 8 That all Subjects of the Realm are obliged by Allegiance Oaths and duty to defend their lawful Kings Persons Crowns the Laws Rights and Priviledges of the Realm and of Parliament against all Usurpers Traytors Violence and Conspiracies And that no Subject of this Realm who according to his Duty and Allegiance shall serve his King in his Warres for the just defence of him and the Land against Forreign Enemies or Rebels shall lose or forfeit any thing for doing his true duty service and allegiance to him therein but utterly be discharged of all vexation trouble or losse 9 That no publick Warre by Land or Sea ought to be made or leavied with or against any Forreign Nation nor any publick Truce or League entred into with Forreign Realms or States to binde the Nation without their common advice and consent in Parliament 10 That the Kings of England or others cannot grant away alien or subject the Crown Kingdom or antient Crown Lands of England to any other without their Nobles and Kingdoms full and free consent in Parliament That the antient Honours Manors Lands Rents
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 PERNI●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 PEW●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 ●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
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
to ease the People in and of their heavy Taxes But what was the issue all their Taxes Excises and other Impositions were still continuep on them without any intermission or diminution nay advanced higher than ever to 120 thousand pounds Contribution by the Month for England besides Scotland and Ireland even whiles all these Lands and Goods were selling the Lands and Goods sold consumed without any publique Accompt yet given of the Monies or their disposall or any present ease to the oppressed people and the ordinary standing Revenues of the Realm being now by this meanes decayed dissipated and almost brought to nothing these New Projectors and Dissipators of this vast publique Revenue instead of easing by colour of this Instrument resolve to impose upon the undone long-oppressed Peoples gauled broken backs and Estates such perpetual constant annual Taxes Excises Imposts Revenues as you have heard for the Maintenance both of the Army Navy Administration of Justice and other ordinary expences of the Government which no Kings of England ever yet received or pretended to Which if any future Parliaments shall be so mad or improvident once to settle or the Kingdom not unanimously to oppugne if setled by them without a Parliament instead of easing of the People of their long insupportable Taxes now their wars are ended in all succeeding Parliaments they shall still be burthened with new extraordinary Taxes upon new pretended extraordinary occasions and Forces raised as the words of the 30 Article compared with the 27 and 29 declare as if this new constant revenue had never been setled and if our Parliaments refuse to grant them these New Projecting Tax-Masters who must dispose of all the moneys in the intervals of Parliaments will impose and levy them at their pleasure by their Supertranscendent usurped Tyrannical Power and Sword men and dispose of them as they please without a Parliament as they have already done without rendring any other publick Accompt to the people thereof than hath hitherto been given to them of all the many millions of Treasure already extorted from them of late years to no other end as appears by these Articles of our New Government but now at last to bring and keep them under perpetual endlesse Taxes of all sorts and the intollerable worse than Turkish Slavery of a perpetual domineering Mercenary Army Navy instead of long promised Liberty ease and exemption from them till they are all brought to a morsel of bread and till their private estates be utterly consumed as well as the publick Crown and Church Revenues yet remaining The lad and serious consideration of all which Premises I humbly submit to the Impartial Iudgements Consciences of our present Governours Army Officers Souldiers themselves how discrepant they are from all their former printed Deolarations Protestations Promises Vowes Engagements to the People and what they expected from them It was the Speech of the Scythian Embassadours to Alexander the Grand Conquerour of the world Nec Servire ulli possumus nec regnare desideramus Si Deus es tribuere mortalibus b●nificia debes non sua eripere sic Homo●es id qu●d es semper esse te cogita Stultum est eorum memintsse propter quae tui oblivisceris Let it be all Heroick English Freemens to our pretended Conquerors who may do well to remember that Hermolaus and other Officers and Souldiers of Alexanders own Guard conspired his destruction after all his Persian Conquests for this very reason which they justified to his face Quia non ut ingenuis imperare caepisti Sed quati in mancipia dominaris because he had begun not to raign over them as Freemen but to domineer over them like Slaves and because Revelaetions in this age may be more prevalent with some Men than Gods own Oracles or our Lawes I shall inform our Tax-imposing Governours that St. Bridget of Sweden in the 8 Book of her Revelations of the Heavenly Emperour unto Kings cap. 6 records That she had this Revelation from the Son of God That Kings and Governours ought to love the People and Commonalty of their Realms That they then shew they truly love them when they permit them to enjoy their approved Laws and Liberties when cruel Exactors and Collectors domineer not over them if they burthen them not with new Inventions of Impost Taxes and Tributes nor with grievous and unaccustomed Hospitality Permanencies or Freequarter For although for the resisting of Infidels they may humiliter petere auxilium a Populo humbly request an aid from the People and Commons of their Realms not imperiously impose it when there is a necessity yet let them beware quod necessitas illa non veniat in consuetudinem legem that the necessity comes not into a custom and law For that King or Ruler who layes not aside his unjust Exactions and Fraudulent Inventions to raise monies and oppresse his People making his reigns and Kingdoms meer robberies and rapines as most then did and n●w too let him know for certain he shall not prosper in his doings but shall lead and end his life in grief dismisse his Kingdoms in tribulations his Son and Posterity shall be in such hatred reproach and confusion that all men shall wonder thereat his Soul shall be tormented by the Devils in Hell which she manifests by the example of an unjust Tax-imposing King damned to Hell and there tormented by the Devils For that to retain the Kingdom to himself and defend it from Invasions he petended the antient Revenues of his Eschequer would not defray the Expences of the Government and Realms defence whereupon he devised certain new Inventions and fraudulent Exactions of Imposts Tributes Taxes and imposed them on his Kingdome to the dammage of the Natives and oppression of innocent Merchants and Strangers although his conscience dictated to him Quod ista erant contra Deum et omnem Iustitiam et Publicam Honestatem that these things were against God and all Iustice and Common Honesty as our forementioned Excises Imposts Taxes are now Let those who are now guilty of this sinne in the highest degree beware they incurre not the self-same temporal and infernal punishments thus threatned to and inflicted upon others And let our whole English Nation and their Trustees upon serious consideration of all the premises beware how they in any kind through fear or cowardise submit their necks or backs to the forementioned illegal Yokes and Burdens of perpetual standing Excises Imposts Contributions and Taxes to enslave themselves and their Posterities for ever to an oppressing Military New Government and perpetual Army For which end I shall only recommend unto their meditation and practise this observation and policy of our prudent Ancesters Binus actus inducit Consuetudinem that a double generall submission to and payment of such exorbitant illegal Taxes will introduce a customary future exaction and payment of them which made them always as we have greatest reason now to do
The first and Second Part of A SEASONABLE LEGAL AND HISTORICALL VINDICATION AND Chronological COLLECTION of the Good Old Fundamentall Liberties Franchises Rights Laws of all English Freemen their best Inheritance Birthright Security against all Arbitrary Tyranny and Aegyptian 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 by their pretended Greatest Propugners WHEREIN IS Irrefragably evinced by Parliamentary Records Proofs Presidents That we have such Fundamentall Liberties Franchises Rights Laws That to attempt or effect the Subversion of all or any of them or of our Fundamentall Government by Fraud or Force is High Treason The principal of them summed up in X. Propositions The chief printed Treatises asserting them specified A Chronological History of our Ancestors zeal vigilancy courage prudence in gaining regaining enlarging defending oft confirming and perpetuating them to Posterity by Great Charters Statutes New Confirmations Excommunications Speciall Conservators Consultations Petitions Declarations Remonstrances Oaths Protestations Vows Leagues Covenants and likewise by their Arms when necessitated during all the Britons Romans Saxons Danes Normans and English Kings Reigns till this present collected for present and future publique benefit with a Brief Touch of their late unparalelled Infringments and subversions in every particular The Triall of all Malesactors by their Peers and Juries justified as the onely legall best most indifferent and all other late arbitrary Judicatories erected for their Triall exploded as destructive both to our Fundamentall Laws and Liberties Collected recommended to the whole English Nation as the best Legacy he can leave them By William Prynne of Swainswick Esquire The Second Edition Corrected and much Enlarged Psal 11. 3. If the Fundations be destroyed what can the righteous do Psal 82. 5. They know not neither will they understand they walk on in darknesse all the Foundations of the earth are out of course London Printed for the Author and are to be sold by Edward Thomas in Green Arbour 1655. Errata IN the Epistle letter C. page 8. l. 6. read effect D. p. 2. l. 9. 〈◊〉 Tesmond H. p. 5. l. 19. Censurers I. p. 5. l. 13 of r. our K. p. 7. l. 28. r. Heirs L. p. 4. l. 20. r. exercerunt In the Margin H. p. 3. l. 42. aliquem I. p. 6. l. 27. pacti L. p. 8. 13. r. 23. In the Book p. 4. l. 25. r. as of p. 13. l. 36. r. were resolved p. 19. l. 14. r. Vote of p. 24. l. 16. of p. 26. l. 15. of and p. 29. l. 33. Statutes p. 32. l. 26. r. E. 6. c. 5. p. 35. l. 6. to sedition p. 38. l. 19. r. parts Margin p. 27. l. 13. ther r. other p. 64. l. 3 4 5. r. 10. R. 2. cap. 1. 1 H. 5. c. 1. 28 H. 6. n. 51. l. 11. r. 4. E. 4. To all truely Christian Free men of England Patrons of Religion Freedom Lawes Parliaments who shall peruse this Treatise Christian READER IT hath been one of the most detestable Crimes and highest Impeachments against the Antichristian Popes of Rome that under a Saint-like Religious pretext of advancing the Church Cause Kingdom of Jesus Christ they have for some hundred yeers by-past usurped to themselves as fole Monarchs of the World in the Right of Christ whose Vicars they pretend themselves to be both by Doctrinal Positions and Treasonable Practises an absolute Soveraign Tyrannical Power over all Christian Emperours Kings Princes of the World who must derive and hold their Crowns from them alone upon their good behaviours at their pleasures not onely to Excommunicate Censure Judge Depose Murder Destroy their sacred Persons but likewise to dispose of their Crowns Scepters Kingdoms and translate them to whom they please In pursuance whereof they have most traiterously wickedly seditiously atheistically presumed to absolve their Subjects from all their sacred Oaths Homages natural Allegiance and due Obedience to them instigated encouraged yea expresly enjoyned under pain of interdiction excommunication and other censures their own Subjects yea own sons sometimes both by their Bulls and Agents to revolt from rebel war against depose dethrone murder stab poyson destroy them by open force or secret conspiracies and stirred up one Christian King Realm State to invade infest destroy usurp upon another onely to advance their own Antichristian Soveraignties Usurpations Ambition Rapines worldly Pompe and Ends as you may read at leisure in the Statutes of 25 H. 8. c. 22. 28 H. 8. c. 10. 37 H. 8. c. 17. 13 Eliz. c. 2. 23 Eliz. c. 1. 35 Eliz. c. 2. 3 Jacob. c. 1 2 4 5. 7 Jacob. c. 6. The Emperour Frederick his Epistles against Pope Gregory the 9. and Innocent the 4. recorded in Matthew Paris and others Aventinus Annalium Boiorum Mr. William Tyndal's Practice of Popish Prelates the second Homily upon Witsunday the Homilies against disobedience and wilful Rebellion Bishop Jewels view of a seditious Bull Iohn Bale in his lives of the Roman Pontifs Doctor Thomas Bilson in his True difference between Christian subjection and unchristian Rebellion Doctor John White his Sermon at Paul s Cross March 24. 1625. and Defence of the Way c. 6 10. Doctor Crakenthorpe of the Popes temporal Monarchy Bishop Morton's Protestant Apology Doctor Beard 's Theater of God's Judgements l. 1. c 27 28. Doctor Squire of Antichrist John Bodin his Commonwealth l. 1. c. 9. The learned Morney Lord du Plessy his Mystery of Iniquity and History of the Papacy The General History of France Grimston's Imperial History Matthew Paris Speed Holinshed Cambden and others in the lives of King John Henry the 3. Queen Elizabeth and other of our Kings with hundreds of printed Sermons on the 5 of November The principal Instruments the Popes imployed of late yeers in these their unchristian Treasonable Designes have been pragmatical furious active Jesuites whose Society was first erected by Ignatius Loyola a Spaniard by Birth but A SOULDIER by Profession and confirmed by Pope Paul the 3. Anno 1540● which Order consisting onely of ten persons at first and confined onely to sixty by this Pope hath so monstrously increased by the Popes and Spaniards favours and assistance whose chief Janizaries Factors Intelligencers they are that in the yeer 1626. they caused the picture of Ign●tius their Founder to be cut in Brass with a goodly Olive Tree growing like Jessees root out of his side spreading its branches into all kingdoms and Provinces of the World where the Jesuites have any Colledges and Seminaries with the name of the Province at the foot of the branch which hath as many leaves as they have Colledges and Residencies in that Province in which leaves are the names of the Towns and Villages where these Colledges are situated Round about the Tree are the Pictures of all the illustrious Persons of their Order and in Ignvtius his right hand
Bull the Jesuites after her decease disswaded the Romish-minded Subjects from yielding in any wise obedience to King James as their Soveraign and entr●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 Proclamat●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
Kingdome are firmly established So William Watson a Secular Priest chargeth Father Parsons the English Jesuite and his Jesuited companions in their Memorial for Reformation of England when it should be reduced under the power of the Jesuites as Parsons was confident it would be though he should not live to see it written at Sevil in Spain Anno Dom. 1590. that they intended to have Magna Charta with our Common Fundamental Laws and Liberties abrogated and suppressed thus expressed by William Watson in his Quodlibets pag. 92 94 95. Father Parsons and the Jesuites in their deep Jesuitical Court of Parliament begun at Styx in Phlegeton have compiled their Acts in a compleat Volume intituled THE HIGH COVRT OF REFORMATION FOR ENGLAND And to give you a taste of their intent by that base Court of A TRIBE of TRAITORS sawcily like to Gade Jack Straw and Tom Tiler VSVRPING the AVTHORITY of both STATES ECCLESIASTICAL and TEMPORALL in all their REBELLIOVS ENTERPRICES these were principall points discussed set down and so decreed by them c. He first mentions three of them relating to Church-men Scholars and Church and Colledge-Lands which were to be put in Fee off●●s hands and they all to be reduced unto Arbitrary Pensions c. And then proceeds thus to the Fourth The fourth Statute was there made concerning the COMMON LAWS of this LAND and that consisted of this one principal point That ALL THE GREAT CHARTERS of ENGLAND MUST BE BURNT the manner of holding Lands in Fee simple Fee tail Kings service Soccage or Villanage brought into villany scogg●●y and popularity and in few the Common Law must be wholy annihillated abolished and troden down under foot and Caesars civill Imperials brought amongst us and sway for a time in their places All whatsoever England yeelds being but base barbarous and void of all sence knowledge or discretion shewed in the first Founders and Legifers and on the other side all whatsoever is or shal be brought in by these out-casts of Moses stain of Solon and refuse of Lycurgus must be reputed for metaphysical seme-divine and of more excellency than the other were Which he thus seconds Quodlibet 9. Article 2. p. 286. First it is plain that Father Parsons and his Company divide it amongst them how they list have laid a plot as being most consonant and fitting for their other Designments That the Common Laws of the Realm of England must be forsooth either abolished utterly or else bear no greater sway in the Realm than the Civil Law doth And the chief reason is for that the State of the Crown and Kingdome by the Common Laws is so strongly settled as whilest they continue the Jesuites see not how they can work their wills And on the other side in the Civil laws they think they have some shreds whereby they may patch a cloak together to cover a bloody shew of their Treasons for the present from the eys of the Vulgar people Secondly the said good Father hath set down a course how every man may shake off all authority at their pleasures as if he would become a new Anabaptist or King John of Leydon to draw all the world into Mutiny ●ebellion and Combustion And the Stratagem is how the Common people may be inveigled seduced to conceit to themselves such a liberty or prerogative as that it may be lawfull for them when they think meet to place and displace Kings and Princes as men do their Tenants at will hirelings or ordinary Servants Which Anabaptistical and abominable Doctrine proceeding from a turbul●nt tribe of Traiterous Puritan●s and other Hereticks this treacherous Jesuite would now foist into the Catholick Church as a ground of his corrupt Divinity And p. 330 332. He intends to alter and change all Laws Customs and Orders of this Noble Isle He hath prejudiced the law of Property in instituting Government Governours and Hereditary Princes to be BENEPLACITVM POPVLI and all other private possessions ad bene-placitum sui c Whether any such new deep Jesuitical Court of Parliament and high Court of Reformation for England to carry on this old Design of the Jesuites against our Laws hath been of late years sitting amongst us in or neer Westminster or elswhere in secret Counsel every week as divers intelligent Protestants have informed me and Hugh Peters reported to divers on his own knowledge being well acquainted with their Persons and practises of late years it concerns others neerer to them and more able then I to examine Sure I am a greater man by far then Hugh Peters in an Assembly of Divines and others for reconciling all dissenting parties not long since averred to them on his own knowledge That during our late innovations distractions subversions in Church State and overturning of Laws and Government the common adversary hath taken many advantages to effect his designes thereby in civill and spiritual respects That he knew very well that Emissaries of the Jesuites never came over in those swarms as they have done since these things were on foot That DIVERS GENTLEMNE CAN BEAR WITNES WITH HIM that they had a CONSISTORY AND COUNCEL ABROAD THAT RULES ALL THE AFFAIRS OF THE THINGS IN ENGLAND That they had fixed in England in the limits of most Cathedrals of which he was able to produce the PARTICULAR INSTRUMENT an Episcopal power with Archdeacons and other persons to pervert seduce and deceive the people And all this whiles we were in this sad and deplorable distracted condition Yea most certain it is that many hundreds if not some thousands of them within these few years have been sent over from Forraign Seminaries into England under the disguises of converted Jews Physitians Chyrurgions Mechanicks of all sorts Merchants Factors Travellers Souldiers and some of them particularly into the Army as appears by the late printed Examination of Ramsey the Anabaptized New-dipped Jesuite under the mask of a Jewish Convert taken at New Castle in June 1653. and by sundry severall late instances I could name To pretermit all instances of diverse particular Jesuites come over into England not only within these few years but moneths discovered by persons of credit with Sir Kenelm Digby who though the son of one of the executed old popish Gunpowder Traitors a dangerous active seducing Jesuited papist if not a professed Jesuit who in the years 1638 and 1639. conspired with the Popes Nuncio and a Conclave of Jesuites sitting in Council at London to subvert our Religion introduce a universall tolleration of the popish Religion in our kingomes new modle and shake our former established government and to poyson destroy the late King himself in case he consented not to them therein and for this very purpose both plotted raised promoted the first Wars between the Protestants of England and Scotland which he abetted all he could by his letters and secret Collections of moneys from all the Papists throughout England and elswhere who
largly contributed to this war and designe for which he Sir John Winter Master Mountague and others who had a hand in this conspiracy were convented and brought upon their knees at the Commons House-bar Jan. 28. 1640. upon which he retyring into France was about May 1645. sent as a speciall Embassadour from the Queen to the Pope of Rome himself to solicit him for ayds of monies men arms against the Parliament is first audience he had the best reception and fairest Promises of Aid in general that could be wished writing hopefully of supplies of Moneys from Rome to the Queen and others as both Houses of Parliament in their Declaration and Letters published 26 March 1646. proclaim to all the world and likewise good Hopes of a Cardinals Cap for himself or the Lord Aubeny or Mr. Mountagne for which he and the Queen sollicited After that upon his return from Rome he was sent over into England about Decemb. 1648. as a fit instrument to New-moddle us into a Commonwealth and promote the violent Proceedings of the Army Officers and their Confederates set on work by the Jesuits and their Agents against the late King Parliament Members where upon his arrival he was instead of being apprehended and brought to justice for the premises hugged by some Grandees whom he courted permitted to ride and walk about at large while the Members were under strict guards and restraints frequently repaired to Whitehall where he was well received his Sequestration totally taken off without any Fees or gratification by special order and himself now at last permitted to lodge not only in Wildemans House where the Queens Capuchins formerly resided but sometimes in Whitehall it self to the admiration of many understanding Protestants who justly suspect he hath there more disguised Iesuits to consult with and promote both their old and new designs against our Church State Religion Laws Liberties till they have brought them and us to utter ruine I shall for brevity sake acquaint you with one memorable general instance discovering what swarms of Jesuites are now amongst us under other visors An English Protestant Nobleman a person of honor whose Ancestors were Papists being courteously entertained within these two years at Rome by some eminent Iesuits in their chief Colledge there was brought by them into a Gallery having Chambers round about it with Titles over every door for several Kingdoms and amongst the rest one for ENGLAND Upon which he enquiring of the Iesuits what these titles signified was answered by them That they were the Chambers of the Provincial Iesuits of each Kingdom and Province written ever the respective doors wherein they had any members of their society now residing who received all Letters of intelligence from their Agents in those places every week and gave account of the to the General of their Order That the Provincial for England lodged in the Chamber over which the title ENGLAND was written who could shew him the last news from England which he desiring to see they thereupon knocked at the door which was presently opened the Provincial being informed who what the Lord was read the last news from England to them Hereupon the Nobleman demanded of them Whether any of their society were now in England how they could stay with safety or support themselves there seeing most of the English Nobility Gentry and Families that were Papists were ruined in their estates or sequestred by the late wars troubles so as they could neither harbour conceal nor maintain them as they had done heretofore They answered It was true but the greater the dangers and difficulties of those of their society now in England were the greater was their merit And that they had then above fiftéen hundred of their Society in England able to work in several Professions Trades which they had there taken upon them the better to support secure themselves from being discovered who together with some Popish Priests and Friers no doubt upon diligent inquiry will appear to be the chiefest Speakers Quakers Disputers Seducers Rulers in most separate Congregations and the principle brochers of all New Opinions Blasphemies now abounding amongst us This Relation I have heard from the mouth of a Reverend Divine more than once to whom this Noble Lord upo his return into England not many Months since seriously related the Premises averring the truth of them upon his Honour Yet for all this since the stupendious pretended repeals and annihilations of the Oaths of Supremacy and Allegiance that of Abjuration of Popery consented to by the late King in the Isle of Wight purposely made for the better detection and prevention of Iesuites and their treasonable forementioned practises against our Church Kingdoms Princes Religion Parliaments and Government by the wisdom and zeal of our best affected vigilant * Protestant Parliaments I can neither hear nor read of any effectual means endeavoured or prescribed by any in power for the discovery of these Romish Ianizaries or banishing feretting and keeping them out of England where they have wrought so much mischief of late years and whose utter ruine they attempt nor any incouragement at all given to the Discoverers of their Plots and Persons but many affronts and discouragements put upon them and particularly on my self lately mewed up close Prisoner under strictest Guards in remotest Castles near three years space without any Accusation hearing or particular cause yet assigned or disclosed to me though oft then and since demanded by me from my Imprisoners whiles they all walked abroad at large of purpose to hinder me from any discoveries of their practises by my Pen where as they printed vended publickly here in England above 30000 Popish Books of several kinds during my imprisonment without the least restraint to oppugne our Protestant established Religion as many of them do in terminis as most damnable Heresie propagate the Jesuites Plots and antichristian Romish Church and Religion amongst us as you may read at large in the Stationers Beacon fired which seasonable book and Discovery of these Romish Emissaries books and plots some Officers of the Army in their Beacon quenched publickly traduced in print as a New-Powder-Treason of the Presbyterian Party to blow up the Army and that pretended Parliament of their own erection which themselves soon after blew up and dissolved in good earnest pleading for a free Toleration of such Popish Books and all Religions as agreeable to the Armies Engagements and Principles to carry on their designs against our Religion and Laws But most certain it is there hath been of late years not only a General Councel of Officers of the Army sitting many moneths together in Councel to alter and new model all our ancient Laws and Statutes in pursuance of Father Parson's design but likewise two Conventicles of their own selection and election sitting of late in the Parliament House at Westminster assuming to themselves the Name and far
more than the Power of the Parliament of the Commonwealth of England together with the transcendent ambitious Title of The Supream Authority of the Nation in derogation of the Army Officers Supremacy who sufficiently chastised them for this strange Usurpation who have made it their chief businesse not only to New-model our ancient Fundamental Government Parliaments Ministry Ministers maintenance by Glebes Tithes and our Universities much according to Parsons and his Fellow Jesuites forementioned Plat-formes and Thomas Campanella his Instructions to the King of Spain De Monarchia Hisp. c. 25. but likewise to New-mould subvert eradicate the whole Body of our municipal Laws and with them the great Charter of our Liberties it self And in their last cas●iered unelected Convention as some of their Companions now in greatest Power assure us in their True State of the Case of the Commonwealth of England c. London 1654. p. 5 16 17 18. there was a strong prevailing party whom nothing would satisfie but A Total Eradication of the whole body of the good old Laws of England the Guardians of our Lives and Fortunes to the utter subversion of civil Right and Propriety who likewise took upon them by vertue of a supposed right of Saintship in themselves to lay the foundation of a new Platform which was to go under the Name of A Fift Monarchy never to have an end but To war withall other powers and break them to pieces baptizing all their proselites into this Principle and perswasion that the Powers formerly in being were branches of the Fourth Monarchy of England Scotland and Ireland which must be rooted up and destroyed And what other Fifth Monarchy this could be but that projected universal Monarchy of the Iesuites which would bring the whole Monarchy of Great Britain and Ireland together with France Spain and all other Princes States in Christendome under the ●esuites subjection and break all other powers in pieces mentioned by Watson in his Quodlibets p. 306 to 333. and Alphonsus de Vargas Relatio de Stratagematis Sophismatis Politicis societatis Iesu Ad Monarchiam orbis terrarum sibi conficiendam c. 8. c. or else that Elective New Monarchy of Great Britain and Ireland projected by Campanella and Cardinal Richelieu which some Grandees now endeavour by their Instrument to erect and perpetuate for ever without alteration in themselves and their Successors though they thus expresly brand it in others let themselves and wise men resolve it being apparent by the practises and proceedings of all the Propugners of this new Project that this Fifth Monarchy they intend to erect is neither the spiritual Kingdom of Iesus Christ in their own hearts mortifying their ambitiō covetousness pride self-seeking unrighteousness violence rapines other worldly lusts nor the personal reign of Christ himself alone in and over our 3 Kingdoms and all other Nations for ever depriving all Temporal Kings and Princes of their Crowns Rights and Government over their Subjects which they falsly endeavour to evince from Dan. 2. 44 45 c. 7. 14 27. Micah 4. 1 2 7. Luke 1. 32 33. Rev. 20. 1. to 8. 1 Cor. 15. 24 25. Heb. 12. 26 27 28. but a meer supream arbitrary temporal Authority without Bounds or Limits encroached by and erected in themselves and their confederates without any colour of Right or Title by the Laws of God or the Realm and no ways intended but refuted by all these sacred Scriptures others which explain them This design of the Jesuites to alter and subvert the whole body of our Laws was so far promoted by the Iesuitical and Anabaptistical party in this last Assembly elected only by the Army-Officers that on Aug. 20. 1653. as our News-books print they Ordered there should be a Committee selected to consider of a A new Body of the Law for the Government of this Commonwealth who were to new-mould The whole Body of the Law according to Parsons his mould And hereupon our cheating Astrologers especially Lilly Culpeper the Iesuites grand Factors to cry down our Laws Tithes Ministers from the meer visible earthly Conjunctions Votes Motions Influences of these New wandring excentrick Planets at Westminster only not of any Coelestial Stars as they would make Country-Clowns believe alwayes moving and acting themselves by an unalterable Law from the very Creation until now Gen. 1. 14. to 19. c. 8. 22. Psal 104. 19. Psal 136. 8. 9. Ier. 31. 35 36. c. 33. 20 21. Iob 38. 32 33. therefore no ways exciting men to alter Fundamental Laws and Governments here on earth took upon them in their Monthly Prognostications for this year 1654. versity College Lands by Monthly endless Taxes Excises a perpetual Law Tith-oppugning Parliament-dissolving Army in whose Councels we have cause to fear the Iesuites have been most predominant of late years and will still make use of them to our final ruine if not effectually purged out and the Army new moulded new principled if any longer continued under pretext of publick safety and not wholy disbanded for the peoples ease and Liberty It is worthy observation that Tho. Campanella prescribed the sowing and continual nourishing of Divisions Dissentions Discords Sects and Schisms among us both in State and Church by the Machivilian Plots and Policies he suggests punctually prosecuted among us of late years as the principal means to weaken ruine both our Nation and Religion and bring us under the Spanish and Popish yokes at last witness his IAMVERO AD ENERVANDOS ANGLOS NIHIL TAM CONDUCIT QUAM DISSENTIO ET DISCORDIA INTER ILLOS EXCIT AT A PERPETUOQUE NUTRITA Quod cit● meli●res occasiones suppeditabi● and that principally by instigating the Nobles and chief Men of the Parliament of England UT ANGLIAMIN FORMAM REIPUBLICAE REDUCANT AD IMITATIONEM HOLLANDORVM which our Republicans lately did by the power of the Army Officers or by sowing the seeds of an inexplicable war between England and Scotland By making it an Elective Kingdom as some now endeavour under another Notion or by setting up Other Kings of another Race without Legal Right or just Title against that ancient unquestioned undoubted Right and Title setled established in King Iames and his Royal Posterity by Inherent Birthright and lawfull right of Descent by God himself and his Laws confirmned strengthned by all possible Titles and Rights of compact Laws Statutes Oaths perpetual uncontradicted custome Protestations Covenants the solemn Publick Faith and Engagement of our English Parliaments Nation for themselves Their Heirs Posterities for ever as the Statutes of 1 Iacobi c. 1. 2 3 Iac. c. 1. 4 7. Iac. c. 6. which both houses of Parliament in their Declaration of Nov. 2. 1642. Exact Collect. p. 705 resolve And that upon this suggestion to the People Crudelem fore SCOTUM ubi semel Imperium in illos obtinuerit 〈…〉 mente repostum quanta injuria Angli Scotos superioribus
January 1641. unlesse they have since been in the Service of the Parliament and given signal testimony of their good affections thereunto shall be disabled and be uncapable to be elected or to give any Vote in the Election of any Member to serve in the next or in the three succeeding triennial Parliaments and all Votes and Elections given to the contrary shall be null and void And if any person so made uncapable shall forfeit one full years value of his real estate and one full third part of his personal estate in case he shall give his Vote for election of Members to serve in Parliament as they there adjudge though such persons as they intend thus to disable never waged any actual war against the Parliament it self or its Members immediatly but only against the Forces raised by the Parliament and so mediatly and indirectly only against the Parliament the case of all the late Kings adherents and assistants not within the letter but meaning of these Articles then doubtless those Army-Officers Souldiers and their Confederats who advised sided assisted abetted in one or more wars against the Parliament Houses and Parliament Members themselves whom they immediately assaulted forced secured secluded dissipated dissolved destroyed and have justified it several times in print without giving any signal testimony of their good affections to the Parliament and in this their Instrument have laid many Chains clogs restraints on all new future Parliaments of their own framing inconsistent with the Honour Freedom Priviledges being of real English Parliaments deserve a farre higher and severer censure than these Apprentices or impeached Members did in their repute or those Members they most insolently accuse and impeach in their Declarations of June 2● and August 18. 1647. not to be presidented in any age since the Creation till then and they all are by their own Verdict Instrument totally disabled as much as the archest Malignants and Cavaliers by the very letter of these Articles to be elected or give any vote for the election of Members in the four next succeeding Parliaments and those who have given their Votes in the late Elections have thereby forfeited at least one full years value of their real and one full third part of their personal estates and deserve as high if not an higher censure as any sequestred or other Delinquents condemned formerly by them for bearing arms levying or abetting any war but only mediately against the Parliament and as high an uncapacity to be put not only on themselves but their Heir males to serve in Parliament as the Statute of 21 R. 2. c. 6. imposed heretofore on others for a farre lesse offence to secure the Members and Priviledges of all succeeding Parliaments from such unpresidented forcible violences ruptures dismembrings dissolutions as the last Parliament sustained by the Armies outrage and confederacy against them of most dangerous president to Posterity of which I desire to make them truly sensible The last real and duly constituted English Parliament we had were so deeply sensible of the dangerous destructive Consequences of securing or secluding their Members and keeping them from the Houses upon any Impeachments or Surmises without the Notice and consent of the House that in their forementioned Remonstrance of Nov. 2. 1642. they claimed and asserted this TO BE SO CLEAR AND ESSENTIAL A PRIVILEDGE OF PARLIAMENT THAT THE WHOLE FREEDOM THEREOF DEPENDETH UPON IT That NO MEMBER OF EITHER HOVSE OF PARLIAMENT was to be proceeded against or judged NOR TAKEN AWAY OR DETAINED FROM THE SERVICE OF THE HOUSE WHEREOF HE IS A MEMBER no not in case of Treason Felony or Breach of Peace much lesse in any other until such time as that House hath satisfaction concerning the cause though in such cases they confessed he might be arrested by the Officers of Parliament or any other Ministers of Iustice to the intent only That he might be brought to the Parliament Corpus cum causa and deteined in safe custody till he may be brought to the Parliament but not to be proceeded against in any inferior Court before such time● as the cause be heard in Parliament and dismissed from it For else who se●s not that by this means UNDER FALSE PRETENCES OF CRIMES AND ACCUSATIONS SVCH AND SO MANY MEMBERS OF BOTH OR EITHER HOVSE OF PARLIAMENT MAY BE TAKEN OVT OF IT AT ANY TIME BY ANY PERSONS TO SERVE A TVRN AND TO MAKE A MAJOR PART OF WHOM THEY WILL AT PLEASVRE And as the grand Inquest of the whole Kingdom should be by this means subject to the grand Inquest of one particular County So the whole Representative Body of the Kingdom should be at the Devotion of a Middlesex Iury as since of their own Army raised to protect them from these mischiefs And therefore as THE FREEDOM OF PARLIAMENTS DEPENDETH IN A GREAT PART VPON THEIR PRIVILEGES AND THE FREEDOM OF THIS NATION UPON THE FREEDOM OF PARLIAMENTS WE HAVE GOOD REASON TO BELEIVE that the People of England knowing their Lives and Fortunes are bound up in this bundle will venture their Lives and Fortunes in this Quarrel Which I intreat all those who have so highly infringed this principle Privilege of Parliament of late years with all the people of England now seriously to consider to vindicate preserve it in all succeeding ages from the like violations if ever they expect to be Freemen or to enjoy free English Parliaments again which are such an ESSENTIAL PART OF THE CONSTITUTION OF THE KINGDOM that we can attain TO NO HAPPINESSE WITHOUT THEM and like Hipocrates twins We must laugh and cry LIVE AND DIE TOGETHER WITH THEM Now farther to convince the Army-Officers Souldiers of their late great injustice to and affronts contempts against the Parliament which raised them in relation to our ancient fundamental Government and chief Member of the Parliament I shall desire them and all their confederates in cold blood seriously to consider whether they have not by their undutifull violent proceedings against them contrary to the Votes Declarations Remonstrances of the PARLIAMENT endeavoured as much as in them is to falsifie this clause in both Houses Declaration Nov. 2. 1642 Although they would perswade his Majesty That there is little confidence to be placed in our Modesty and Duty yet AS GOD IS WITNESSE OF OUR THOVGHTS SO SHALL OUR ACTIONS WITNESSE TO ALL THE WORLD that TO THE HONOR OF OUR RELIGION and OF THOSE WHO ARE MOST ZEALOUS IN IT so much strucken at by the contrivers of that Declaration under odious names we shall suffer more for and from our Soveraign than we hope God will ever permit the malice of evil Counsellors to put us to And although the happinesse of this and all Kingdomes dependeth chiefly upon God Yet WE ACKNOWLEDGE THAT IT DOTH SO MAINLY DEPEND UPON HIS MAJESTY and THE ROYALL BRANCHES OF THAT ROOT that as WE HAVE HERETOFORE SO WE SHALL HEREAFTER esteem no hazard too great no
Revenues Inheritances Rights and Perquisits of the Crown of England originally setled thereon for the ●ase and exemption of the people from all kind of Taxes payments whatsoever unlesse in case of extraordinary necessity and for defraying all the constant ordinary expences of the Kingdome as the expences of the Kings houshold Court Officers Judges Ambassadors Guard Garrisons Navy and the like ought not to be sold alienated given away or granted from it to the prejudice of the Crown and burdenning of the people And that all Sales Alienations Gifts or Grants thereof to the empairing of the publique Revenue or prejudice of the Crown and people are void in Law and ought to be resumed and repealed by our Parliaments and Kings as they have freqeuntly been in all former ages For the Readers fuller satisfaction in each of these propositions some of which I must in the ensuing Chapter but briefly touch for brevity sake having elsewhere fully debated them in print I shall especially recommend unto him the perusall of such Tractates and Arguments formerly published wherein each of them hath been fully discussed which hee may peruse at his best leasure The First of these Fundamentalls which I intend principally to insist on is fully asserted debated confirmed by 13. H. 4. f. 14. By Fortescue Lord Chief Justice and Chancellor of England de Laudibus Legum Angliae dedicated by him to King Henry the 6. f. 25. c. 36. By a Learned and necessary Argument against Impositions in the Parliament of 7. Jacobi by a late reverend Judge Printed at London 1641. By Mr. William Hakewell in his Liberty of the Subject against Impositions maintained in an Argument in the Parliament of 7 Jacobi Printed at London 1641. By Judge Crooks and Judge Huttons Arguments concerning Ship-mony both Printed at London 1641. By the Case of Ship-mony briefly discussed London 1640. By M. St. Johns Argument and Speech against Ship-mony Printed at London 1641. By Sir Edward Cook in his 2 Institutes p. 46. and 57. to 64. and 528 to 537. By the first and second Remonstrance of the Lords Commons in Parliament against the Commission of Array Exact Collection p. 386. to 398. and 850. to 890. and by my own Humble Remonstrance against Ship-mony London 1643. The Fourth part of the Sovereign Power of Parliaments and Kingdomes p. 14. to 26. my Legall Vindication of the Liberties of England against Illegall Taxes c. London 1649. and by the Records and Statutes cited in the ensuing Chapter referring for the most part to the first Proposition The second third and fourth of them are largely debated and confirmed by a Conference desired by the Lords and had by a Committee of both Houses concerning the Rights and Priviledges of the Subject 3 Aprilis 4 Caroli Printed at London 1642. By Sir Edward Cook in his Institutes on Magna charta c. 29. p. 45. to 57. By the first second Remonstrance of the Lords and Commons against the Commission of Array Exact Collection p. 386. and 850. to 890. By Judge Crooks and Judge Huttons Arguments against Ship-mony By Sir Robert Cotton his Posthuma p. 222. to 269. By my Breviate of the Prelates Encroachments on the Kings Prerogative and the Subjects Liberties p. 138. my New Discovery of the Prelates Tyranny p. 137. to 183. and some of the ensuing Statutes and records ch 3. See 1 H. 4. rot Parl. n. 22 23 24 26 28 43 44 47. The Fift and Sixt of them are fully cleared vindicated in and by the Prologues of all our Councills Statutes Laws before and since the Conquest By 1. H. 4. Rot. Parl. n. 33 34 36. an excellent full president Sir Edward Cooks 4 Institutes ch 1. Mr. Cromptons Iurisdiction of Courts Title High Court of Parliament Mr. St. Johns speech against the Ship-mony Judges p. 32 33. my Plea for the Lords my Levellers levelled my Ardua Regni my Epistle before my Speech in Parliament my Memento my Sovereign Power of Parliaments and Kingdomes part 1 2 3 4. my Legal Vindication against illegal Taxes and pretended Acts of Parliament London 1649. Prynnethe Member reconciled to Prynne the Bar●ester Printed the same year My Historical Collection of the Ancient great Councils and Parliaments of England London 1649. My Truth triumphing over Falshood Antiquity over Novel●y London 1645. 3 E. 1. c. 5 4 E. 3. c. 14. 36 E. 3. c. 10. 1 H. 4. c. 3 4. 5 R. 2. Stat. 2. c. 4. Rastal tit Parliament 1 H. 4. Rot. Parl. n. 21. 22. 48. 70. 31 H. 6. c. 1. 39 H. 6. c. 1. Rot. Parl. n. 8. 17 E. 4. c. 7. expresse in point and some of the Records hereafter transcribed In this I shall be more sparing because so fully confirmed in these and other Treatises The Seventh is ratified by Sir Edward Cooks 1. Institutes p. 97 98. 4 Institutes p. 89. and 5. report Cawdries case of the Kings Ecclesiasticall Laws Rastals Abridgement of Statutes Tit Provisors Praemunire Rome and other Records and Statutes in the ensuing Chapter The Eight is verified by the Statutes quoted in the Margin to it and by other Records in the third Chapter The Ninth and Tenth are fully debated in my Soveraign Power of Parliaments and Kingdomes par 2. p. 3. to 34. part 4. p. 1. to 13. and 162. to 170. touched in Sir Robert Cottons Posthuma p. 174. 179. confirmed by sundry Presidents in the next Chapter by 1 H. 4. Rot. Parl. n 32. How all and every of these Fundamentall Liberties Rights Franchises Laws have been unparalledly violated subverted in all and every particular of late years beyond all Presidents in the worst of former ages even by their greatest pretended Propugners their own Printed Edicts Instruments Ordinances Papers together with their illegall Oppressions Taxes Excises Imposts Sequestrations Rapines Violences unjust Proceedings of all kinds will sufficiently evidence if compared with the premised Propositions Not to insist on any fore-past illegall Imposts Taxes Excises under which the nation lately groaned imposed on us by unparliamentary Junctoes or the Army Officers alone from Anno 1648 to 1653. without any real Parliament by their own armed Iurisdiction I shall here instance onyl in 3. or 4 particulars relating wholly to the First Proposition being of most generall greatest present and future concernment of all other to the whole English Nation at this very instant most intollerably oppressed grieved by them directly sweeping away all their Fundamentall Right of Property and consequentially all their Liberty of person Laws Charters at once and that in perpetuity beyond all hopes of Future redemption if not timely prevented by the Vniversality Body of the Realm or their Trustees The first of them is the present imposition and continuance of the strange oppressive monstrous general high Tax of EXCISE imposed on most native and forreign Commodities throughout England and its Dominions which as it was a meer Stranger to all our Ancestors and those now living till within these few years so it was
peremptorily to withstand the firs to prevent a second customary future exaction and payment in like kind pursuing the Poet Ovids old sage Counsel wherewith I shall conclude this point Principiis obsta serò medicina paratur Cum mala per longas invaluere moras How transcendently all the other Fundamental Laws Liberties Rights of our English Freeborn Nation have by late and present Governours and their Instruments been infringed subverted in an higher avowed degree than ever in former ages by forcible tyrannical Proceedings of all kindes in breaking open mens Houses by armed Souldiers and other unsworn illegal Officers Excise-men Sequestrators both by day and night seising their Persons Horses Armes Papers Writings ransacking their Studies Truncks Cabinets upon false surmises suspicions close imprisoning their persons by multitudes without before any examination particular accusation hearing trial in unusual places and some of them in remetest Isles Garrisons under Souldiers Their pressing of men for Land and Sea service and carrying them away perforce by Soldiers Troopers Officers Mariners like so many Prisoners out of their own Counties and the Realm to unnatural unchristian Warrs against their Wills and Consciences Their disinheriting many Thousands of English Freemen of all sorts of their Freeholds Lands Offices Fra●chises Honors Authorities spoyling them and theirs of theirs Goods Chattles Estates Lives in and by Arbitrary Committees Martial other extravagant Courts of highest Injustice Subverting Changing our ancient Fundamental Lawes Statutes and enacting New without the Peoples free consents in Lawfull English Parliaments altering the whole Frame and Constitution of our Monarchy Government and Parliaments themselves Depriving the people of the Free election of their Parliament Members and other Elective Officers contrary to our Lawes Charters Usages securing secluding the Members of Parliament themselves by armed Force dissolving Parliaments by the Sword alone without Writ or legall power contrary to Acts and Privileges of Parliament by erecting New Legislative Tax-imposing Self-created Powers not elected by the People at Whitehall and elsewhere not to be paralleld in any age By creating New-Treasons contrary to the old ones and the Statute of 25 E. 3. and condemning sequestring imprisoning executing English Peers and Freemen only for their loyalty Duty to their lawfull Soveraigns and defence of the Rights Privileges Liberties Laws of the Kingdom Parliament Nation according to their Oathes Protestations League Covenant and Gods own Precepts against the publique Enemies Oppugners Vnderminers Subvertors of and Conspirators against them By making publick wars at Land and Sea with our Christian Protestant Brethren and other Nations and concluding Leagues Truces without common consent or advice in Parliament By alienating selling giving squandring away the ancient Demesnes Lands Honours Rents Revenues Rights Inheritances of the Crown of England yea of Scotland and Ireland likewise to Officers Souldiers of the Army and others for pretended Arrears Services or inconsiderable values which should defray all the constant ordinary Expences of the Government publique State Officers Embassadours Garrisons Navy Courts of the Kingdom and ease the People from all kind of Taxes Payments Contributions whatsoever towards them except in extraordinary emergent cases and necessities in times of war requiring extraordinary expences for their publique safety supplied by Aydes and Subsidies granted only by common consent in Parliament only and not otherwise which now must be wholly or for the greatest part defrayed by the People alone out of their own exhausted private estates by endlesse Taxes Excises Contributions as appears by the 27 28 29 30. Articles of their New ill sounding Instrument foreinsisted on whiles others without right or legal Title enjoy the old standing Demesnes Lands Rents Revenues and Perquisites of the Crown for their private advantage without any Acts of Resumption usual in all former ages to keep the Kingdom Nation from becoming Bankrupts and people from oppression which should ease the people of those intollerable constant burthens lately laid upon them against all Justice Law Conscience and make insufferable wasts and spoyles of the stately Houses Timber Wood● Mines Forrests Parkes of the Crown without restraint to the Kingdoms extraordinary prejudice for which they ought to give an Account and make full reparations if the Earl of Devonshires case Cook 11 Reports f. 89 90 91 be Law And by sundry other particulars requiring whole Baronian volumes to recite and specifie to the full is so well known by dayly experience and multitude of Presidents fresh in memory to our whole three Nations that I shall here no further insist upon them all which experimentally confirm the truth of our Saviours own words Iohn 10 1 10. Verily verily I say unto you He that entreth not by the Do●r into the Sheepfold but climbeth up some other way the same is a Theef and a Robber The Theef cometh not but steal and to kill and to destroy Whatever his pretences be to the contrary And this rule of Johannes Angelius Wenderhagen Politiae Synopticae lib. 3. c. 9. sect 11. p. 3. 10. Hinc Regulae loco notandum Quod omne Regnum vi Armata acquisitum in effectis Subditos Semper in durior is Servatutis conditiones arripiat licet a principio Dulcedinem prurientibus spirare videatur which we now find most true by sad sensible experience Ide● cunctis hoc cavendum Ne temere se seduci patiantur FINIS This Epistle should have been printed before the first part but was omitted through hast a See the several Epistles of Frederick the Emperor against Pope Gegory the 9 and Innocent the 4 recorded by Mat. Paris p. 332. to 693. sparsim b See Extra● de Majoritate Obedientia Augustinus Triumphus Bellarminus Becanu● and others De Monarchia Remani Pontificis Hospinia● Hist Jesui l. 3 4. * Henricus de Knighton de Eventibus Angli ae l. 2. c. 14 15. c See Massaeus Vegius Petrus Ribadeniera in vita Ignatii Loyolae Heylins Micracosme p. 179. d See Lewis Owen his Jesuites Looking-glass printed London 1629. the Epistle to the Reader and p. 48 to 58. Jubilaeum sive speculum Jesuiti●um printed 1644. p. 307 to 213. Hospinian Hist Jesuitica l. 2. * Speculum Jesuiticum p. 210. See Romes Master-peice Conterburies Doom p. 435 c. Hidde● works of Darkness 88 144. e Mercure Iesu●le tom 1. p. 67. Speculum Jesuitieum p. 1. 56. f See Lewis Owen his running Register his Jesuited Looking glass The Anatomy of the English Nunnery at Lisbone g De Monarchia Hispanica p. 146 147 148 149 204 234 235 236 185 186. h See Thomas Campanella de Monarchia Hispaniae Watsons quodhbets Co●loni Posthuma p. 91. 10 107. Cardinal de Ossets Letters Arcana Imperii Hispanici Del●h 1628. Advice a tous les Estat's de Europe touches les maximas Fundamentales de Government diss●iennes Espaginols Pa●is 1625. i Set my Speccb in Parliament p. 107. ●o 119. and the History of Independency k Exact Coll●ction p. 651 652 662 666 813
omnia pericula pro Republica subire mori pro patria Cicero de Finibus bonorum c. p. 365. and Tus●c Q●●aest p. 445. n Esth 4. 16. * See their printed Declarations of Iune 14. 23. Aug. 1. 2. 1647. Their Agreement of the People Jan. 1648. Government of the Common-wealth of England 1654. moulded by them * Do not many now boast talk write of such a Conquest by the Army over England b Quodlibets p. 322 323 333 334. c 1 Eliz. c. 1. 5 Eu. c. 1. 1. Jac. c. 4. 3. Jac. c. 4 5. 7 Jac. c. 6. 16 Caroli The Act for Triennial Parliaments * See J. E. his Right Jurisdiction of the Prelate and the Prince cap. 15. Becanus Bellarmine Lessius Eudoemon Johannis others against this Oath d See the printed Edicts repealing thē enforcing the Engagement An. 1649. e See the Propositions for the Treaty f See the Preface to the Covenant g See the Edicts for the Engagement An. 1649. h Bellarmin de Pont●f Romano Sir Hum Linde his Via devia * Thucidides Hist l. 1. 3. Plutarch Lysander Aristot Polit. l. 4 5. i See Grotius de jure Belli Pacis l. 3. c. 15. P. 537. k Watsons Qu●dlibets p. 320 321 312 332 333. l De Monar Hisp c. 25. m Conte de Galiazzo Gualdo Priorato Hist part 3. p. 175 176. * Optandū quidem est st modo Respublica salva et incolumis futura sit ut Civitatis part●s omnes quidem sibi constent in suo statu permaneant At ut praesen●●ti statu gaudeant Reges Regiae dignitatis splendore commoventur Optimates Senatoriae haec enim illis pro virtutis suae praemio est populus Ephoriae Aristot Polit. l. 2. c. 7. n See 1 Cor. 12. 12. to 31. 25 H. 8. c. 22. 26 H. 8. c. 3. 1 Jac. c. 1 2. 3 Jac. c. 1 2. a John 17. 17. 2 Cor. 6. 7. Ephes 1. 12. Jam. 1. 18. b 2 Sa. 22. 8. 16. Job 38. 4 6. Ps 18. 15. 102 5. Pro. 8. 29. Is 24. 18. 40. 21 48. 13. 51 13. 16. Zech. 12 1. Mic. 1. 6. Joh. 17. 24 Eph 4. 4 Heb. 1. 10. 4 3. 9. 26 1 Pet. 1. 20 c 1 Kin. 5. 17 6. 37. 7. 9 10 Ezr. 4. 13. 6. 3. Ps 137. 7. Ezech. 41. 8. Hag. 2. 8. Zech. 4 9. 8 9. Mat. 7. 26 27 Luke 6. 48 49. d Isa 28. 16. 54. 11. Ps 87. 1 1 Cor. 3. 10 11 12. Heb. 11. 10. 1 Pet. 2. 6 Rev. 21. 14. 19. e 2 Tim. 1. 19. Heb. 6. 1. 2. f Jer. 50. 15 Mic 1. 6 7 Luke 6. 48 49 Matt. 7. 26 27 g Lilburn tried and cast p. 39 142. to 148 154. Ca●●es Voice from the Temple which perswade● the subversion and abolishing of al former Laws especially for Tithes and Ministers support * S●e the Government of the Cōmon-wealth of England c. Artie 3. 12. 21. 22 24 ●7 28 29 30 31 32 38 39 41. * 2 The●● 2. 4. * See Exact Collect. and a General collection of all Ordinances c. * S●e Culpepers and ●illy's M●rlins and Almanacks John Cannes Voice Lilb tried and cast with many Petitions and Pamphlets against the Law and Lawyers The Order of Aug. 19. 1653. That there should be a Committee selected to consider of a New body of the Law for the government of this Common-wealth * Exod. 21. 6. * Summumjus est summa injuria Cic. de Officiis p. 611. * Lilbourn tried and cast p. 39 40 142 to 148 and elsewhere John Cannes ● Voice from the Temple John Rogers Mene Tekel Perez p. 6. Lilly and Culpeper in their Prognostications An. 1653 1654. See the Armies Proposals See the 1 and 6 Proposition in cap. 2. * See the Government of the Common-wealth of England c. Arti● 12. the writs and printed returns for new ●lections and enforced new Test and Engagement imposed on the three Kingdoms and new Members se●luding m●●● of them See Proposition 1. in ch 2. Nota. * O how are they now degenerated * And should they not be so now then * And should we now at last fail herein * How dare then any self created powers who are neither Kings nor Parliaments now arrogate to themselves or exercise such a super-Reg al arbitrary power and Prerogative against all our Laws and the●● own instrument and oaths Nota. * And oh that we would follow it now again both in and out of Parliament Nota. * See the whitehall Ordinances for the six months contribution Excise till 1656. tunnage Poundage till 1658. beyond all Presidents in any age and the very words and letter of the 30 Article of their government Nota. * Yet those who have pulled down our Kings as Tyrants now presume to do it Witness their New White-hall Laws and Ordinances amounting to near 700. pages in folio in a few moneths space * And do not those do so who now ●ay Monethly Taxes Excises Customs and New Imposts 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 * And are they not so now * 20. H. 3. c. 9. See Cooks 2 In●●it p. 97 ●8 Proposition 1 4 Proposition 2. * See Canterburies Doom p. 19. Exact Coll. p. 12. * Exact Collect. p. 112 113. * Exact Coll. p 850 584 ●87 888. See Chap. 2. Proposit 1 2. 3. * Do not the Army Officers now enforce them to all this without a Parliament to support their usurped new Powers and Possessions and establish themselves in a most absolute Soveraignty over our three kingdoms Nota. * These expostulations reach to them at Whitehall now who presume to impose Taxes Customs Excises and make binding laws and Instruments for our whole 3 kingdomes Nations Parliaments which no King there ever did in like nature nor their C●●●cels in any age * See the true state of the case of the Common-wealth of England c. p. 33 34. * Exact Collect p. 888. * A Collection of all publike Orders Ordinances and Declarations of Parliament p. 451 452 457 458. * How have others of late which they stile Parli●ments been convened * Yet forcibly dissolved by the Army and some now in Power against their Commissions Oaths Trusts Protestations Covenant and an Act of Parliament for their continuance who may do well to peruse this clause See c. 2. Proposition 6 7. * A Collection c. p. 504. * A Collection c. p. 877 878 879. * And is not all this now proved a reall experimental truth in some of these Remonstrants to their shame * And can most of these Remonstrants in late or present Power now say this in truth or realty and must not they be utterly ashamed confounded before God and man when they consider how they have dissembled prevaricated with God and men herein in each particular * And
can the new Modellers of our Government over and over who were parties to this Declaration then Members of the Commons House say so now or read this without blushing and self-abhorrence * Is not a superintendent power in the Army over above against the Parliament or People far more dangerous likely to introduce such an arbitrary Government in the Nation if lest in the General Officers or their Councels power * Did not the imposing a strange New Engagement and sundry arbitrary Committes of Indemnity c. int●r●upt it in the highest degree and the misnamed high Courts of Justice falsifie this whole clause * Exact Collect. p. 4. 12. 34. 61. 243. 260. 321. 500. 502. * See the humble Remonstrance against the illegall Tax of Ship-money briefly discussed p. 2. c. Englands Birth righ their Treatises The Declaration of Sir Thomas Fairfax and the Army under his Command tendered to the Parliament June 14. 1647. concerning the Just and Fundamental Rights and Liberties of the Kingdome * Walsingham Stow Holinshed Speed Grasion Trussel Baker in 5 R. 2. John Stows Survey of London p. 89. to 103 Mr. St. Johns Argument at Law at Straffords Attainller p. 14. * The Statutes at large Stow Holinshed Speed Grafton Baker Trussel in 10 21 R. 2. 1 H. 4. M. St. Johns Speech concerning the Ship-mony Judges p. 28. to 37. and argument at Law at Straffords Attainder * As some of late years have done * M. St. Johns argument at Law at Straffords Attainder p. 13 14 17. * Hall Fabian Holinshed Speed Grafto● Stow Martin Baker * And have not others of late assumed to themselves more Royal power than he resolved to be Treason by 21. ● 3. Rot. Parl. Cooks 3. Institut p 9. * To wit by Cade and his Confederates for the alteration of the laws * See Mr. St. Johns argument against Strafford p. 17. Halls Chronicle and Holinshed * Cooks 3. Institutes p. 9 10. * Cooks 4. Institutes c. 8. p. 89. to 96. * See Speed Hollinshed Grafton Stow Antiquitates Ecclesiae Brit. p. 378. 379. and Godwin in his life * Mr. St. Johns Argument against Strafford p. 14 15. * Cooks 3 Instit c. 1. p. 9 10. Mr. St. Johns Argument at law against Strafford p 15 16. * See the Journals of both Houses Act for his Attainder Mr. Pyms Declaration upon the whole matter of the Charge of High Treason against him Aprill 12. 1641. Mr. St. Johns argument at law at his Attainder and Diurnal Occurrences * See the Commons and Lords Journals his printed Impeachment Mr. Pyms Speech thereat Canterburies Doom p. 25 26 27 38 40. See Chap. 2. Proposition 1. * Do not others now do it who impeached and condemnedhim in an higher degree then he * Is it not so in the New Instrument Article 1. 2 3 4 5 9 10 12 13 16 21 22 24 25 26 27 28 29 30 31 32 33 34 37 38 39 40. 42. of our New Government and those that compiled and prescribed it to the 3 kingdoms * Are there not more such matters contained in the new Instrument of Government than in these * Have not arbitrary Committees in most places done the like or worse in many cases * Have not others done the like in an higher degree * See the Commons and Lords Journals Diurnal Occurrences p. 15 16 19 37 191 to 264. and Mr. St Johns Speech at a Conference of both Houses of Parliament concerning ship money these Judges Togegether with the Speeches of Mr Hide Mr. Waller M. Pe●rpoint M Denzill Hollis at their Impeachments July 6. 1641. aggravating their offences in Diurnal Occurrences and Speeches p. 237 to 264. * Now others presume to do it without writ of consulting with the judges who condemned it in them See c. 2 Proposition 1. * Have not others been sole Judges of it and other pretended dangers since Nota. * And are they not so now * And did not some at White-Hall do so of late and now too witnesse their volumes of new Declarations Edicts Ordinances there made * Have not others taken up such Principles in their practises proceedings even against Kings Kingdomes Parliament Peers as well as private persons Nota. * Note this all the whole Commons-House opinion then * Is not this an experimental truth now * And were they ever so base cowardly slavish as now * Was ever their power violence so unlimited unbounded in all kinds as now against Kings kingdoms Parliaments Peers People * Is it not most true of late and still Note * See Article 2 2 3 ● 5 10 11 12 13 16 21 22 24 25 26 27 28 29 30 31 32 33 39 p. 45 46. of the Government of the Common-wealth of England c. * Doth not the Declaration of 17 March 1648 and the Instrument of the new Government do it in the highest degree * And others as well as he of far inferiour place estate * But have not our times bred men much bolder than he since this speech was made and he executed * Since he hath many followers * p. 36. * Have none done so since them See Chap. 2. Proposition 1. * Have not other Pioneers and Judasses done the like * This is grown a meer Paradon of late years in Judges souldiers others * What are they now of late times of publike Changes * See 27 H. 8. c. 24. 26. Magna Charta c. 12. 29. 52. H. 3. c. 1 3 5 9 20. 3 E. 1. c. 44 45 46. 13 E. 1. c. 10 12 30 31 35 39 44 45. 25 E. 1. c. 1 2. 27 E. 1. c. 2 3. 34 E. 1. c. 6. 12 E 2. c. 6. 2 E. 3. c. 3. 14 E 3. c. 10. 16. Rastal Justices * Was it ever so frequent a sin as now in all sorts of late Judges Officers Subjects * Do none deserve as severe now * See Cookes 3. Institutes p. 146 147 and page 133. Holinshed page 284 285. Speeds History page 651. Stow Walsingham Daniel in 18 E. 1. * See Cooks 3. Instit p. 145. * Have none of this name or of this Function since done as bad or worse in an higher degree * Let Custodes Legum Libertatum Angliae and those now called Judges remember it * Let the Reporter and others now consider it * 1 Eliz. c. 1 3 Jac. c. 4. 7 Jac. c. 6. * This is nothing incomparison to the late Taxes Ship mony Excises imposed on the subjects without a Parliament amounting to above 20 times as much as the Kings Ship mony and more frequent uncessant and endlesse then it * Are we now beholding to it for any thing against the onely new Law of the longest sword Which takes imposeth what when and how much it pleaseth without accompt or dispute from all sorts and degrees of Persons and that by those who were commissioned trusted engaged by Oaths Protestations Vows League and Covenant to preserve our