Parliament set on Impositions either within the Land or upon commodities exported or imported by the merchants they have in open Parliament complained of it in that it was done without their consents and thereupon never failed to obtain a speedy and full redresse without any claim made by the Kings of any Power or Prerogative in that point And though the Law of property be original and carefully preserved by the Common Laws of this Real WHiCH ARE AS ANCIENT AS THE KINGDOME IT SELF yet those famous Kings for the better contentment and assurance of their loving Subjects agreed THAT THIS OLD FUNDAMENTAL RIGHT observe the words should be further declared and established by Acts of Parliament wherein it is provided That no such Charge shall ever be laid upon the People without their common Consents as may appear by sundry Records of former times We therefore your Majesties most humble Commons assembled in Parliament following the example of this worthy care of our Ancestors and out of our Duty to those for whom we serve finding that your Majesty without advice of your Lords and Commons hath lately in times of Peace Set both greater Impositions and farre more in number than any your Noble Ancestors did ever in time of Warre do with all humility present this most just and necessary Petition unto your Majesty THAT ALL IMPOSITIONS SET WITHOVT ASSENT IN PARLIAMENT MAY BE QVITE ABOLISHED AND TAKEN AWAY And that your Majesty likewise in imitation of your Royal Progenitors will be pleased that a Law in your time and during this Session of Parliament may be also made to declare That all Imposition of any kinde set or to be set upon your people their Goods or Merchandises save onely by common Consent in Parliament are and shall bâ— Void wherein your Majesty shall not onely Give your Subjects great Satisfaction in point of their Right but also bring exceeding joy and comfort to them who now suffer partly through the abating of the price of Native Commodities and partly through the raising of all Forraign to the overthrow of Merchants and shipping the causing of general dearth and decay of all wealth among your people who will be thereby no lesse discouraged than disabled to supply your Majesty when occasion shall require In which memorable Petition the whole House of Commons resolve in direct terms 1. That the Subjects of England have old original Fundamental Rights and more particularly in the Property of their Goods exempted from all Impositions whatsoever in times of peace or war without their common consent in Parliament declared and established both by the ancient and common law of England and sundry Acts of Parliament and records of former times 2. They declare the constant vigilant care zeal of our ancestors and former Parliaments in all ages inviolably to maintain defend preserve the same against all enchroachments together with their own care duty and vigilancy in this kind in that very Parliament 3. They relate the readinesse of our Kings to ratifie these their Fundamental Rights by new Acts of Parliament when they have been violated in any kinde 4. They declare the benefit accruing both to Prince and People by the inviolable preservation and establishment of this old Fundamental right and the mischiefs accruing to both by the infringment thereof by arbitrary illegall impositions without full consent in Parliament 5. They earnestly in point of Conscience prudence and duty to those for whom they served Petition his Majesty for a new Law and Declaration against all new Impositions and Taxes on inland Goods or Merchandises imported or exported without the peoples free consent in Parliament as null void utterly to be abolished and taken away Whether it will not be absolutely necessary for the whole English Nation and the next ensuing National or reall Parliament to prosecute enact establish such a Declaration and Law against all such former and future arbitrary illegal oppressive Taxes Impositions Excises that have been imposed and continued for many years together on the whole kingdome by new extravagant self-created usurping ARMY-OFFICERS and other Powers without free and full consent of the people in Lawfull English Parliaments against all former Laws Declarations and Resolutions in Parliaments to their great oppression enslaving undoing in far greater proportions multiplicity and variety than ever in former Ages without the least intermission and likewise against their late declared designe to perpetuate them on our exhausted Nation without alteration or diminution beyond and against all presidents of former Ages both in times of Peace and War for the future by the 27 28 29 30 39. Articles of the Instrument entituled The Government of the Common-wealth of England c. I remit to their most serious considerations to determine if ever they resolve to be English Freemen again or to imitate the wisdome prudence zeal courage and laudable examples of their worthy Ancestors from which they cannot now degenerate without the greatest Infamy and enslaving of themselves with their Posterities for ever to the arbitrary wils of present or future Vsurpers on their Fundamental Rights and Liberties in an higher degree then ever in any precedent Ages under the greatest Conquerours or Kings after all their late costly bloody Wars for their Defence against the beheaded King 5 The fifth is A learned and necessary Argument made in the Commons House of Parliament Anno 7. Jacobi to prove That each Subject hath a Property in his Goods shewing also the extent of the Kings Prerogative in Impositions upon the Goods of Merchants exported or imported c. by a late learned Judge of this Kingdome printed at London by Richard Bishop 1641. and Ordered to be Published in Print at a Committee appointed by the Honorable House of Commons for examination and Licensing of Books 20. Maii 1641. In which Parliamentary Argument p. 8. 11. 16. I finde these direct Passages That the New Impositions contained in the Book of Rates imposed on Merchandizes imported and exported by the Kings Prerogative and Letters Patents without consent in Parliament is against the natural Frame and Constitution of the Policy of this Kingdome which is JVS PVBLICVM REGNI AND SO SVBVERTETH THE FUNDAMENTAL LAW OF THE REALM and introduceth a new Form of State and Government Can any man give me a reason why the King can only in Parliament make Laws No man ever read any Law whereby it was so ordained and yet no man ever read that any King practised the contrary therefore IT IS THE ORIGINAL RIGHT OF THE KINGDOME AND THE VERY NATURAL CONSTITUTION OF OUR STATE AND POLICY being one of the highest Rights of Soveraign Power If the King alone out of Parliament may impose HE ALTERETH THE LAW OF ENGLAND IN ONE OF THESE TWO MAIN FUNDAMENTAL POiNTS he must either take the Subjects Goods from them without assent of the Party which is against the law or else he must give his own Letters Patents the force of
to violate we shall appeal to the judgement of any indifferent man how little truth is contained in this their assertion or in the Army Officers printed Papers to the same effect The Parliament is to be considered in three severall respects First As a Councell to advise Secondly As a Court to judge 3. As it is the body representative of the whole Kingdom to make repeal or alter Laws and whether the Parliament hath enjoyed its priviledges in any of these respects under the Army-Officers and powers as well as late King let any that hath eyes open judge For the first We dare appeal even to the Consciences of the Contrivers themselves and to the consciences of the Army-Officers Souldiers and Whitehall men themselves whether matters of the highest importance witness all the publick proceedings against the late Parliament King Peers Government the Warrs with Scotland Holland their new Magna Châ—rta repealing the old Entituled The Government of the Commonwealth of England Scotland and Ireland wherein they take upon them such an Omnipotent Soveraign power as To pass a decree upon the wavering humors of the people and to say to this Nation yea to Scotland and Ireland too As the Almighty himself said once to the unruly Sea Here shall be thy bounds hitherto shalt thou come and no further as some of them most arrogantly if not blasphemously publish in print to all the world in their True State of the Case of the Commonwealth p. 34. Their making of new binding Laws and Ordinances repealing old Laws and Statutes in and by pretext of this Instrument out of Parliament as their manifold Whitehall Folio new Edicts amounting to near 700 pages attest have not been agitated and determined in and by the Army-Officers General Councel and other unparliamentary Juncto's not only without but contrary to their Advice and Votes too and whether private unknown Councels in the Army Whitehall and elswhere yea the private Councels Plots conspiracies of Iesuits of Forraign Popish and Spanish Agents have not been hearkned unto approved and followed when the Faithful and wholsom advice of the great Counsel hath been scorned neglected by the Army Officers and their Confederates And yet none can deny but it is one of the Principle ends why a Parliament is called To Consult the great Affairs of the Church and State And what miserable effects and sad events this neglect of the great Councel and preferring of unknown and private Councels before it hath produced let the present Distractions of this Kingdom bear witnesse with all the bloody unchristian Wars Taxes Oppressions Distractions since the Armies force upon the King Members Houses Anno 1647. and 1648. to this present time Concerning the Second it sufficiently appears by the making the Kings Court by the Force and Power of the Kings Army the Sanctuary and refuge of All sorts of Delinquents against the Parliament and Kingdom and protecting and defending them from the Justice thereof and by admitting such to bear places of great trust in the Army and to stand in defiance of the Parliament and the Authority thereof and is it not a far greater crime to make the Parliaments Army it self a Delinquent against the Parliament and Kingdom the sanctuary of such Delinquents against both and to continue such Officers in places of greatest trust in the Army who have levied actual war against the Parliament secluded secured members of Parliament kept divers years under their armed guards in defiance of the Parliament without any particular Charge or Impeachment refusing to release them even when the Serjeant was sent at first from the House it self to demand the Members seised By all which it is apparent how our Privledges have been torn from us by piece-meals from time to time And we might mention many passages whereby they were endeavoured to be pulled up by the root and totally subverted As the attempt to bring up the late Army from the North to force Conditions upon the Parliament His Majesties Letters and Commands to the Members of both Houses which found obedience in a great many to attend him at York and so By depriving the Parliament of their Members destroy the whole Body And was not the actual twice bringing up of the Parliaments own Army by the Army Officers against the Parliament it self to impeach secure some principal Members of both Houses seclude the Majority of the Commons House suppress the whole House of Lords break off the Treaty behead the King the Head of the Parliament against the Parliaments Votes alter the Government force conditions on the Parliament it self to omit the 12 21 24 32 37 38 39 Articles of their New Government with the secluding of all the Members lately admitted by Armed Souldiers till they took a New Engagement and keeping out all others a taking of the Privileges of the Parliament from them all by Whole-sale and a more desperate pulling up by the Roots and total subversion of all the Priviledges and whole Body of the Parliament than this objected against the Northern Army or the Kings Jesuitical ill Councel Which is enough to prove the vanity of the Contrivers of that Declaration and of the Army Officers too to feed themselves with hope of belief That the Priviledges of Parliament are not Violated but intended to be preserved with all due observance Concerning the Allegation That the Army raised by the Parliament is to murder the KING oft alledged by the King and his Party in many printed PROCLAMATIONS Declarations before and after this here mentioned We hoped the Contrivers of that Declaration or any that professed but the name of a Christian could not have so little charity as to raise such a SCANDAL especially when they must needs know the Protestation taken by every Member of both Houses and Army Officers too whereby they promise in the presence of Almighty God TO DEFEND HIS MAJESTIES PERSON The Promise and Protestation made by the Members of both Houses upon the nomination of the Earl of Essex to be General and to live and die with him wherein is expressed THAT THIS ARMY WAS RAISED FOR DEFENCE OF THE KINGS PERSON Our oft earnest and most humble Address to his Majesty to leave that desperate and dangerous Army c. A request inconsistent with any purpose to offer the least violence to His Person which hath and ever shall be dear unto us And concerning the imputation laid to our Charge of Raising this Army to Alter the whole Frame of Government and Established Laws of the Land which the King and his party frequently objected in print we shall need give no other Answer but this That the Army Raised by the Parliament is to no other end but for the Preservation of his Majesties Person to Defend themselves the Laws of the Land and the true Protestant Religion After which they there and elswhere conclude And by this time we doubt not but every man doth plainly discern through
the Mask and Visard of their Hypocrifie what their the Kings ill Counsels design is To Subject both King and Parliament and Kingdom to their needy Ambitious and Avaritious Spirits and to the violent Laws Martial law of Governing the People by guards and by the Souldiers But alas for grief how superlatively have many of the Army Officers and their confederate members though parties to these Declarations and Protestations violated them and both Houses Faiths Trusts intentions ends in raising the Army in every of these particulars How have they verified justified the Kings Declarations Jealousies concerning the Parliaments Army in every point here and elswhere disclaimed by both Houses How have they exceeded out-acted the Kings Jesuitical Counsellers and most desperate Popish Army in violating subverting both the Parliaments Priviledges Members and Parliaments themselves together with our Fundamental Laws Liberties Government for whose preservation they were only raised paid How have they pursued the Kings and his worst Jesuited Counsellers footsteps in all the charges here objected against them by both Houses in relation to the Parliaments priviledges Members Constitution Rights Laws to their utter subversion dissolution and waged war against them And doth not every man plainly discern through the Mask and Visard of their Hypocrifie to use both Houses expressions that their design is just the same with that here objected by the Parliament to the Kings ill Jesuited Counsellers and Popish army even to subject both King Parliament and Kingdom to their needy ambitious avaritions spirits and to the violent Laws marshal Law of Governing the People yea Parliaments themselves by Guards and by the Souldiers and By Conquest to establish an absolute and unlimited power over the Parliament and good Subjects of this Kingdom as the Houses elswhere thrice objected against the late King his Army and party being the very design as many wisemen fear of the 27 Article of their New Government to settle a constant Annual revenue for the maintenance of 20000 Foot 10000 Horse and Dragoones to be alwayes constantly kept up Winter and Summer without disbanding or diminution for the Defence and Security of England Scotland and Ireland Which must henceforth be kept under by Mercinary Foâ—ces to guard of Protectors when as the Heathen Poet assures us â—nteger vitae scelâ—risque purus non eget Mauri jaculis nec arcu much less our English Nation ever formerly secured by their own unmercinary Militia of the Trained Bands and those Lords and Gentlemen who hold their Lands by Knight-service O that they would now in the name and fear of God as they tender the eternal salvation of their Souls the honour and priviledges of all future Parliaments the ease welfare settlement of our Nation Lay all this most seriously to their Hearts and make it a matter of their greatest lamentation and repentance Besides this have they not falsified that memorable late Declaration of the Lords and Commons assembled in Parliament Novemb. 2. 1642. in Answer to his Majesties well worthy perusal now and made good both for the time past and all succeeding Parliaments whiles there shall be any standing Army in England able to over-power them all the odious scandalous positions in relation to the English Parliament its Members and priviledges deduced from the Kings Declaration only by inference but disclaimed by the King summed up by them in the close of that Remonstrance and published in these ensuing terms as will evidently appear if applied to the Army and their Generall Councel of Officers by adding or exchanging their names only for the Kings in a parenthesis 1. That the King the * Army General and their General Councel of Officers when he pleaseth may declare the Major part of both Houses which in all sorts of Republicks doth yea ought of right to over sway the Minority their Votes to be firm and binding to all men as Aristotle himself resolves a faction of Malignant Schismatical and ambitious Persons so that all Parliaments that have been heretofore and SHALL BE HEREAFTER AND ALL LAWS MADE IN THEM may by this means be called in question at pleasure yea nulled and repealed for ever as some former Parliaments have been when held and over-awed by armed power or unduly elected packed summoned without Lawfull Authority or some of the Members forcibly secluded as you may read at large in the Statutes of 21 R. 2. c. 11 12 16 17 18. 1 H. 4. c. 3. 1 H. 4. Rot. Parl. n. 22 23 36 48 66 70. 113. 39 H. 6. c. 1. 17 E. 4. c. 7. worthy the serious perusal of our present Grandees and all illegitimate Parliaments where they may read the fatal end of all new unparliamentary projects laws devices wherein many now so much glory as if they would continue form for ever when as in a few years space they will all probably prove nullities be for ever reversed yea branded to posterity as most pernicious presidents 2. That his Majesty the Army and their General Councel may declare what is the known Law of the Land against the judgement of the Highest Court and consequently of all his Courts So that the safety and right of King and people and THE LAW IT SELF must depend upon his Majesties the Army General and their Councels pleasure 4. That as the King hath a property in his Townes Forts and Kingdoms so he the Army and their General Councel may dispose of them as he pleaseth and the Representative body of the whole Kingdom may not intermedle in discharge of his Majesties the Armies Generals Councels trust though by the advice of evil Councellers they see it diverted to the hazard of the publique peace safety of the Kingdom 5. That his Majesty the Army General and their Councel or any other person may upon suggestions and pretences of Treason Felony or breach of peace or of their Trusts a fourth Army new-minted cause Take the Members of Parliament without giving satisfaction to the House whereof they are Members of the grounds of such suggestion or accusation and without and against their consent as in the case of the late secured secluded Members and their two Junctâ—'s since so they may Dismember a Parliament when they please and make it what they will when they will 6. That whosoever shall follow the King Army General and their Councel in the wars against the Parliament though it were to destroy Laws Liberty Religion the Parliament it self and the whole Kingdom yet he shall be free from all crime or punishment And that on the other side to oppose by force any such force though in the most Legal way and by authority of the Representative body of the whole Kingdom is to leavy war against the King Army General and TREASON within the Letter of 25 E. 3. or of their new Knacks since So our Lands Liberties Lives Religion and Laws themselves Whereby all the Rights both of King and People
Government and Religion of our Realm which the Jesuites and their Instruments make their Master-piece totally to undermine and subvert And in nothing terrified by your Adversaries which is to them an evident token of Perdition but to you of Salvation and that of God If the Presidents of your renowned Ancesters here recorded the Paterns of many gallant Pagan Romans Graecians who have spent their Lives for their Countries Laws Liberties Or if my example and these my Lucubrations shall provoke you hereunto I shall think my labour well bestowed and you and your Posterities worthy to live like English-Freemen But if you wil now neither manfully demand speak nor contend for them any more out of a slavish fear of a prevailing Army raised only for their just defence or any other humane Powers whatsoever nor once adventure with united Spirits now at last so much as confidently boldly to ask these your unquestionable Birthrights at the Thrones of any mortal Grandees your Fellow-Subjects when God Almighty himself commands you to come with boldnesse to his coelestial Throne of Grace that you may obtain not meer right as here but Mercy it self and Grace to help in time of need Heb. 4. 16. Qui timide rogat docet negare you can neither hope for nor ever obtain them for the future but deserve eternally to forfeit them and you and yours to be made slaves for ever However I though these Collections prove successless shal carry this as a comfortable Cordial with me to my grave That I have faithfully discharged my Conscience and bounden Duty to my degenerous Native Country by endevouring all I could both to make and preserve it free indeed to detect and prevent all Jesuitical Plots and Practises to undermine imbroyl divide subvert ruine it and used my utmost sincerest constant endeavours in my place and calling herein But if through the Malice Tyranny or Injustice of any prevailing Enemies of publick Freedom or Jesuitical Agents I shall chance to suffer for it in any kind as I have formerly done for most of my publick services of this nature be it close-imprisonments Fines Pillories Stigmatizings or Death it self I shall onely say beforehand as Gregory the Great did heretofore Indict 2. Epist 78. In causa qua Deo placeâ—e cupio homines non formido and as noble Heroick Esther did in a like publick case for her endangered captivated Nation If I perish I perish and this my unrighteous suffering shall be a new Glorious permissive ordering over-ruling Providence doth no wayes justify nor extenuate the guilt of any Traytors Rebels Murderers Conspirators sinnes Treasons Rebellions Murders Regicides Conspiracies Rapines Oppressions or Wicked Devices which he permits them to plot act accomplish so it doth in no wise exempt them in Gods or Mens esteem from being the true Original Plotters Contrivers and immediate instrumental Actors of them nor from the divine or humane Punishments which they in justice demerit as is most evident by Gen. 50. 15. to 21. Psal 37. 7. 9. Prov. 24. 10 21 22. Iob 20. 5 6 c. 1 Kings 12. 12. to 25. c. 15. 23. to 30. c. 16. 1. to 30. specially ver 7 8. 2 Kings 11. 1. to 17. c. 14. 5 6. c. 15. 8. to 32. c. 17. 21 22. 1 Sam. 8. 2 Sam. 1. 2. to 17. c. 4. throughout Hos 1. 4. c. 8. 4 5. Isay 29. 15 16 c. 10. 5 6 7 c. Acts 1. 16. to 21. c. 2. 23. 1 Thess 2. 14 15 16. Mat. 27 3 4 5. compared together And if we should look upon all our late Changes Revolutions in our Kingdoms Government Church Parliaments Religion Laws wrought by the Iesuites and their Instruments as the meer wonderfull immediate Productions and Glorious Operations of God himself in the world and upon the instruments imployed in them only as Gods own precious chosen Saints and Servants accomplishing nothing but his own determinate Will Providence Councel though to satisfie their own ambition covetousnesse malice rapine blood-thirstinesse lusts as many now proclaim them and not as Conspirators Treacherous Perfidious Pernicious Malefactors in the highest degree as well as Iack Cade Wat Tyler Strafford Canterbury or the murderers of our Saviour Joash Ishbosheth with other Kings heretofore and of Henry the 3. and 4. of France of late there should then be no Traytors Conspirators Murderers Sinners Treasons Conspiracies Murders Sinnes in the world being all perpetrated by Gods permissive Providence no Law nor Hell to punish them and it would be no less than a direct resisting fighting against God and his Providence for any Christians Kingdoms Kings or Loyal Subjects to pray against resist oppose the Treasons Murders Conspiracies Vsurpations Rebellions Innovations Plots of any Iesuites or Romish Emissaries or their under-Agents against our Kings Kingdoms Governors Parliaments Laws Liberties Government and Religion which would be professed Blasphemy or Frenzy at least for any man to affirm 2. That this Iesuite Parsons in his â—oâ—ks of the Reformation of all the States of England as he prescribed Reformations to the Prince Court Counsellors Noblemen Bishops Prelates Pastors Universities Lawyers Laws in which he will have STRANGE METAMORPHOSES so likewise THE COVRT OF PARLIAMENT HE WILL HAVE BROVGHT TO BETTER FORM as W. W. a secular Priest in A Dialogue between a Secular Priest and a Lay-Gentleman printed at Rhemes An. 1601. p. 95. Watson in his Quadlibets p. 92. to 96. 320. to 334. William Clark a sâ—cular Priest in his Answer to Father Parsons Lâ—bel p. 75. c. in direct terms attest And may we not then justly suspect that the late New-models and Reformations of our Kingdoms Parliaments Government Laws c. originally promoted by our Army Counsels and Officers proceeded primarily from the Iesuites Projections Plots against them if the Statutes of 23 Eliz. c. 1. 27 Eliz. c. 2. 35 Eliz. c. 2 3. Iac. c. 1 2 4 5 7. 7 Iac. c. 6. and the manifold Declarations of both Houses of Parliament Exact Collection p. 491 492 497 498 616. 631 666 698 813 to 828. may be judges 3. That the Iesuites drift directly is immediatly by means of CONQUEST intended for England to bring it and all Christendom into an uproar FOR COMMON SOVLDIERS TO EXAMINE THEIR SOVERAIGNS WHAT TITLE THEY HOLD BY that thereupon themselves by craft money and multitudes gathered together through their Policy may bring England and then Spain and all the rest under their subjection and Monarchy And that principally by this Iesuitical Position That every Precopie or Tartarian multitude getting once the stile and title of a PUBLICK STATE or HELVETIAN COMMON-WEALTH may alter change and innovate the course of inheritances and succession TO CROWNS AND KINGDOMS and also to every private Persons heritage holden in Fee-sâ—mple as William Watson assures us in these very terms And whether the Jesuites have not instructed our Army Officers and Common Souldiers upon this pretext and for this very end to examine their Soveraigns yea our
greatest pretenders to publike Liberty Law and the â—heifest inveighers against Arbitrary Regal Tyranny and Power which never publikely established such arbitrary illegal Tryals and new Butcheries of Christian English Freemen by any law and may fall to imitate them in future Ages by their example Each of these I intend to prosecute in distinct Chapters in their order CHAP. 1. 1. For the first of these That the Kingdome and Freemen of England have some ancient Hereditary Rights Liberties Priviledges Franchises Laws and Customs properly called FVNDAMENTAL and likewise a FVNDAMENTALL GOVERNMENT no wayes to be altered undermined subverted directly or indirectly under pain of High Treason in those who shall attempt it especially by fraud force or armed power I Shall confirm the first part of it by these ensuing punctual Authorities of moment against those traiterous late published Pamphlets which professedly deny it and endeavour a totall abrogation of all former Lawes to set up a New modell and Body of the law to rule us for the future according to their pleasures The first is the expresse words of the great Charters of the Liberties of England granted by King John Anno 1215. in the 16 year of his Reign Regranted and confirmed by King Henry the third in the 9 year of his Reign and sundry times afterwards and by King Edward the first in the 25 and 28 years of his reign Wherein these three Kings successively by their several grand Charters under their great Seals did grant give and confirm to all the Nobility is and ever shall be far from the thoughts and intents of all good Kings Governours and Parliament who bear a sincere care and affection to the Subjects of England to alter or innovate them 3. That by these ancient good Laws Priviledges and customs not only the Kings Regall Authority but the peoples Security of lands livings and priviledges both in general and particular are preserved and maintained 4. That by the abolishing or altering of them it is impossible but that present confusion will fall upon the whol state and frame of this Kingdom Which I wish all Innovators and New Modellers of our Lawes and Government would now at last lay seriously to heart and the whole Kingdome and English Nation sadly consider who have found it an experimental truth of late years and no imaginary seigned speculation 3. The third is The Remonâ—trance of the whole House of Commons in Parliament delivered in Writing to King James in the Parliament of 7. Jacobi Anno 1610. which begins thus To the Kings most Excellent Majesty Most Gracious Soveraign Whereas we your Majesties most humble Subjects the Commons assembled in Parliament having received first by Message and since by speech from your Majesty a Command of restraint from debating in Parliament your Majesties Right of imposing upon your Subjects Goods exported out of or imported into this Realm yet allowing us to examine the grievance of these Impositions in regard of quantity time and other circumstances of disproportion thereto incident We your humble Subjects nothing doubting but that your Majesty had no intent by that command to infring the ancient and fundamentall Rights of the Liberty of PARLIAMENT in point of exact discussing of all matters concerning them and their Possessions Goods and Rights whatsoever Which yet we cannot but conceive to be done in effect by this Command Do with all humble Duty make this Remonstrâ—nce to your Majesty First we hold it an Ancient general and undoubted Right of Parliament to debate freely all matters which do properly concern the Subject and his Right or Estate which freedome of debate being once fore-closed the essence of the Liberty of Parliament is withall dissolved c. Here the whole House of Commons in a speciall Remonstrance to King James printed and published by Order of a Committee of the House of Commons for licensing of Books dated 20 Maii 17. Caroli 1641. Declare resolve vindicate and maintain one principal ancient fundamentall general undoubed right of the Liberty of Parliament against the Kings intrenchment on it Of which should they be but once fore closed the Essence of the Liberty of Parliament is withall dissolved And peradventure it may not be unworthy the most serious disquisition of the next ensuing nominal or real Parliament to examine whether some clauses and restrictions in the 9. 12. 14. 16 17. 21. 22. 24 25. 27. 30. 32 33. 36 37 38 39 40. Articles or strings of the New Instrument intituled The Government of the Common-wealth of England Scotland and Ireland and the Dominions thereunto belonging as it was publikely declared at Westminster the 16. day of December 1653 c. do not as much nay far more intrench upon the ancient Fundamental General undoubted Rights and Liberty of Parliament and parliamentary free debates to the dissolution of the Essential liberty of all future Parliaments as this Command of King James did or as the Bishops late Canons imposed on the Clergy in and by the Convocation Anno 1640. ever did and this clause in their c. Oath then made now imitated by others who condemned it I. A. B. do swear that I will never give my consent to alter the Government of this Church by Arch-bishops Bishops Deans and Arch-Deacons c. as it stands now established and as by right it ought to stand Which clause and Oath imposed onely on the Clergy-men Resolved by the whole House of Commons and Peers too in Parliament without one dissenting voice December 16. 1640. to be a most dangerous illegal Oath contrary to the Rights and Priviledges of Parliament and to the Fundamental Laws and Statutes of the Realuâ— c. and of dangerous consequence the contriving whereof was objected to the late Archbishop of Caterbury in his original Articles of High Treason for which amongst other things he lost his head The fourth is the notable Petition of Grievances of the whole House of Commons in Parliament presented to King James in the seventh year of his Reign after their Vote against his Right to levy Impositions on goods imported or exported without assent and grant of Parliament in these ensuing words The Policy of this your Majesties Kingdomes appropriates unto the Kings of this Realm with assent of Parliament as well the Soveraign power of making Laws as that of taxing or imposing upon the Subjects Goods or Merchandises wherein they have justly such a property as may not without their consent be altered or changed this is the cause that the people of this Kingdome as they have ever shewed themselves faithfull and loving to their Kings and ready to aid them in all just occasions with voluntary contributions so have they been ever careful to preserve their own Liberties and Rights when any thing hath been done to prejudice or impeach the same And therefore when their Princes either occasioned by war or by their own bounty or by any other necessity have without consent of
a law to alter the property of the Subjects goods which is also against the Law In this and sundry other Arguments touching the Right of Impositions in the Commons House of Parliament by the Members of it arguing against them it was frequently averred and at last Voted and Resolved by the House 7. Jacobi That such Impositions without consent in Parliament were AGAINST THE ORIGINAL FVNDAMENTAL LAWS AND PROPERTY OF THE SVBJECT and Original Right Frame and Constitution of the Kingdome as the Notes and Journals of that Parliament evidence An expresse parliamentary Resolution in point for what I here assert 6. The sixth is A Conference desired by the Lords and had by a Committee of both Houses concerning the Rights and Priviledges of the Subject 3. Aprilis 4. Caroli 1628. entered in the Parliament Journal of 4. Caroli and since printed at London 1642. In the Introduction to which Conference Sir Dudley Digs by the Commons House Order used these expressions My good Lords whilest we the Commons out of our good affections were seeking for money we found I cannot say a â—ook of the Law but many A FVNDAMENTAL POINT THEREOF NEGLECTED AND BROKEN which hath occasioned our desire of this Conference wherein I am first commanded to shew unto your Lordships in general That the Laws of England are grounded on Reason more ancient than Books consisting much in unwritten Customs yet so full of Justice and true Equity that your most honorable Predecessors and Ancestors propugned them with a NOLVMVS MVTARI and so ancient that from the Saxons dayes notwithstanding the injuries and ruines of time they have continued in most parts the same c. Be pleased then to know THAT IT IS AN UNDOUBTED AND FUNDAMENTALL POINT OF THIS SO ANCIENT COMMON LAW OF ENGLAND THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS which doth preserve as sacred that MEVM and TVVM that is the Nurse of Industry and the Mother of Courage and without which there can be no Justice of which MEVM and TVVM is the proper object But the VNDOVBTED BIRTH-RIGHT OF FREE SVBJECTS hath lately not a little been invaded and prejudiced by pressures the more grievous because they have been pursued by IMPRISONMENT contrary to the Franchises of this Land c. Which the Commons House proved by many Statutes and Records in all ages in that Conference to the full satisfaction of the Lords House since published in print 7. The Seventh is The Vote the whole House of Commons 16. December 1640. Nullo contradicente entered in their Journall and printed in Diurnall Occurrences page 13. That the Canons made in the Convocation Anno 1640. ARE AGAINST THE FUNDAMENTAL LAWS OF THE REALM the Property and Liberty of the Subject the Right of Parliament and containe diverse things tending to Faction and Sedition Seconded in their Remonstrances of 15. December 1641. 8. The eight Authority is The Votes of both Houses of Parliament concerning the security of the Kingdome of ENGLAND and Dominion of Wales 15. Martii 1641. Ordered by the Lords and Commons in Parliament to be forthwith printed and published as they were then by themselves and afterwards with other Votes and Orders Resolved upon the Question nemine contradicente That in case of extream danger and his Majesties refusall the Ordinance agreed on by both Houses for the MILITIA to secure the Houses Members and Priviledges of Parliament and Kingdome against ARMED-VIOLENCE since brought upon them by the MILITIA of the Army doth obliege the people and ought to be obeyed by the FUNDAMENTAL LAWS OF THIS KINGDOME A very vain and delusory Vote if there be no such Law as some now affirm 9. The nineth punctuall Authority is a Second Declaration of the Lords and Commons assembled in Parliament concerning the Commission of Array Printed by their speciall Order of 12. January 1642. Wherein are these observable passages The main drift of all the answer is to maintain That the King by the Common Law may grant such a Commission of Array as this is upon this ground because it s for the Defence of the Kingdome And that the power which he hath to grant it by the Common law is not taken away by the Petition of Right or any former Statute but the King notwithstanding any of them may charge the Subject for Defence of the Kingdome so as the charge imposed come not to himself nor to his particular advantage These grounds thus laid extend not to the Commission of Array alone but to all other charges that his Maâ—esty shall impose upon his Subjects upon pretence of Defence of the Kingdome for there is the same reason of Law for any other charge that is pretended for Defence as for this If his Majesty by the Common Law may charge his Subjects to finde Arms and other things in the Commission enjoyned because they are for Defence of the Kingdom by the same reason of Law he may command his People to build Castles Forts and Bulwarks and after to maintain them with Garrisons Arms and Victuals at their own charges And by the same reason he may compel his subjects to finde Ships and furnish them with Men Ammunition and Victuals and to finde Souldiers pay Coat and Conduct money provide victuals for Souldiers and all other things NECESSARY FOR AN ARMY these things being as necessary for Defence as any thing that can be done in execution of this Commission And for that exposition of the Petition of Right and other Statutes therein noted if it should hold doth it not overthrow as well the Petition it self at all other Laws that have been made for the subjects benefit against Taxes and other charges either 〈…〉 or any other Parliaments These Positions thus laid down and maintained Do shake the Fundamental Laws of the Kingdome the ancient Birth right of every Subject both for the Property of his Goods and Liberty of his Person Nay they strike at the root of Parliaments What need his Majesty call Parliaments to provide for Defence of the Realm when himself may compell his subjects to defend it without Parliaments If these grounds should hold what need the subjects grant subsidies in Parliament for Defence of the Kingdome in time of reall danger if the King for Defence at any times when he shall onely conceive or pretend danger may impose Charges upon his Subjects without their Consent in Parliament Upon that which hath been said in this and our former Declaration we doubt not but all indifferent men will be satisfied that this Commission of Array is full of danger and inconvenience to the Subjects of England AND AGAINST THE FUNDAMENTALâ— LAWES OF THE LAND both for PROPERTY OF GOODS AND LIBERTY OF PERSON c. As it is against THE FUNDAMENTAL LAWS OF THE REALM so no statute makes it good c. And the Lords and Commons do upon the whole matter here conclude That they are very much aggrieved that
after so many Declarations and solemn Protestations made by his Majesty to rule by the known Laws of this Land his Majesty by advice of his ill Councellors should be perswaded to set such a Commission on foot which is so clearly contrary TO THE FUNDAMENTAL LAWS OF THIS LAND the Rights of Property and Liberty of the Subject contrary to former resolutions of Parliament and to the Petition of Right I am certain the generality of the Nation are now as much and more agrieved that some who were Parties to this Declaration and others who have made as many or more Declarations Protestations as his Majesty ever did to rule by the known laws of the Land should since this far exceed his Majesty in the like nay greater more exorbitances in the Militia Excises Taxes Impositions Imprisonments arbitrary extravagant proceedings capital executions in new erected Courts of Injustice and whole volumes of new binding Ordinances as they term them and their ill-sounding Instrument obliging all our three Nations both for the present all future ages in their intention as diametrically contrary as the Kings Commissions of Array to the Fundamentall Laws of the Land four times together so stiled and insisted on as such in this one Declaration of both Houses the Right of Property of the Subject contrary to former Resolutions and the Petition of Right yea which is most abominable to their own Declarations Remonstrances Votes Protestations Vows Solemne Leagues and Covenants in Parliament to their own eternall Infamy as well as the peoples intolerable oppression and slavery who thereupon may justly conclude and protest against them as both Houses did in the close of this Declaration against the Array viz. And the Lords and Commons do and shall adhere to their former Votes Resolutions That all those that are Actors in putting of this Commission of Array these Instruments Ordinances new Taxes Imposts Excises in execution shall be esteemed disturbers of the Peace of the Kingdome and of the Properties and Liberties of the Subject 10. The tenth Evidence is the Vote and Letter of both Houses of Parliament sent to his Majesty at Oxford 9. March 1643. in Answer to his Majesties of the third of March and wherein there is this passage We the Lords and Commons assembled in the Parliament of England c. Have resolved with the concurrent advice and consent of the Commissioners of Scotland to represent to your Majesty in all humility and plainnesse as followeth That this present Parliament convened according to the known and FUNDAMENTAL LAWS OF THE KINGDOME the continuance whereof is established by a law consented to by your Majesty is in effect denied to be a Parliament c. And hereupon we think our selves bound to let your Majesty know That since the continuance of this Parliament is settled by a Law which as all other laws of your Kingdome your Majesty is sworn to maintain as we are sworn to our Allegiance to your Majesty those Obligations being reciprocall we must in duty and accordingly are resolved with our Lives and Fortunes to Defend and preserve the â—ust Rights and full Power of this Parliament To which the Earle of Essex then General by both Houses order in his Letter to the Earle of Forth January 30. 1643. adds this Corolary My Lord the mainâ—enance of the Parliament of England and the Priviledges thereof is that for which we are resolved to spend our bloud as being THE FOVNDATION WHEREON ALL OVR LAWS AND LIBERTIES ARE BVILT Which both the Lords and Commons assembled in Parliament in their Declaration 23. March 1643. touching their proceedings upon his Majesties Letter concerning a Treaty of Peace wherein this Earls former letter is recited thus second The Parliament of England is the onely Basis the chief Support and Pillar of our Laws and Liberties c. And if notwithstanding all these Obligations the King shall at his pleasure dissolve this Parliament the Kingdome is not onely deprived of the present but made uncapable of enjoying the benefit of any future Parliament or Laws any longer than shall stand with the will and pleasure of the King and consequently THE FUNDAMENTALS OF ALL OUR LAWS AND GOVERNMENT ARE SUBVERTED Let the Parliament-purging securing sequestring dissolving Officers Army and their Confederates seriously ponder this yea let all the whole English Nation and their Trustees who shall hereafter sit in Parliament consider and reform it in the first place if ever they expect any Freedome free Parliaments Peace settlement enjoyment of their Fundamental Laws Rights or Liberties for the future depending on our Parliaments Freedome and exemption from all force and violence on its Members The eleventh is the Ordinance of both Houses of Parliament 13. Junii 1644. For the Forces raised in the County of Salop which begins thus The Lords and Commons assembled in Parliament taking into their serious considerations the great Oppressions under which the Inhabitants of the County of Salop lie by reason the insupportable Taxes c. and the present condition of the County by reason of the great number of Irish Rebels that have invaded it and joyned with Papists and other ill affected Persons now in those parts which threaten the extirpation of the Protestant Religion and the subversion of the FUNDAMENTAL LAWS and GOVERNMENT OF THE KINGDOM For prevention whereof c. A direct Ordinance in point The twelfth is a Declaration of the Commons of England assembled in Parliament 17. Aprilis 1646. Of their true intentions concerning the ANCIENT and FUNDAMENTAL GOVERNMENT OF THE KINGDOME securing the people against ALL ARBITRARY GOVERNMENT c. wherein they complain That the Enemy being in dispair to accomplish his Designes by War do mis-represent our intentions in the use we intend to make of the great successes God hath given us and the happy opportunity to settle Peace and Truth in the three Kingdomes to beget a belief that we now desire to excâ—ed or swerve from our first Aym's and Principles in the undertaking of this War and to recede from the Solemn League and Covenant and Treaties between the two Kingdomes and that we would prolong these uncomfortable troubles and bleeding distractions IN ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION AND FRAME OF THIS KINGDOME to leave all Government in the Church loose and unsettled and ourselves to exercise THE SAME ARBITRARY POWER OVER THE PERSONS and ESTATES OF THE SVBJECTS which this present Parliament hath thought fit to abolish by taking away the Star-Chamber High-Commission and other arbitrary Courts and the exorbitant Power of the Council Table all which we have seen experimentally verified in every particular in the highest degree notwithstanding this Declaration by some in late and present power and new White-hall Council Tables exceeding the old in illegal Taxes Law-making and other extravagances All which being seriously considered by us c. We do declare THAT OUR TRUE and REAL INTENTIONS ARE and OUR ENDEAVOUR SHALL BE
cloak their intentions from the people they took an Oath of all they met Quod Regi Communibus fidelitatem servarent that they should keep Allegiance and Faith to the King Commons Yea Wat Tyler demanded a Commission from the King to behead all Lawyers Escheaters and others whatsoever that were learned in the laws or communicated with the law by reason of their Office conceiving in his minde that this being brought to passe all things afterwards would be ordered according to his own and the common peoples fancy And he made his vaunt putting his hand to his own lips That before scure dayes came to an end ALL THE LAWS OF ENGLAND SHOULD PROCEED FROM HIS MOUTH Which some of late times seem to speak not only in words but deeds by their manifold new laws and Edicts repealing or contradicting our old This their resolution and attempt thus to alter and subvert the Laws and Government upon full debate in the Parliament of 5. R. 2. n. 30. 31. was declared to be High-Treason against the King and the Law for which divers of the chief Actors in this Treasonable Designe were condemned and executed as Traitors in severall places and the rest enforced to a publike submission then pardoned Let these imitators now remember this old President 2. In the Parliament of 11. R. 2. as appears by the Parliament Rols and printed Statutes at large three Privy Councellours the Archbishop of York the Duke of Ireland and the Earl of Suffolk the Bishop of Exeter the Kings Confessor five Knights six Judges whereof Sir Robert Tresylian Chief Justice was one Blake of the Kings Councel at Law Vsk and others were impeached and condemned of High Treason some of them executed as Traitors the rest banished their lands and goods forfeited and none to endeavour to procure their pardon under pain of Felony for their endeavouring to overthrow a Commission for the good of the Kingdome contrary to an Act of Parliament by force of Arms and opinions in Law delivered by these temporizing Judges and Lawyers to the King through threats and terrour at Nottingham Castle tending to subvert the Laws and Statutes of the Realm overthrow the Power Priviledges and proceedings of Parliament and betray not all the House of Lords but only some of the Lords of Parliament Which Judgement being afterwards reversed in the forced and packed Parliament of 21. R. 2. was reconfirmed in the Parliament of 1 H. 4. c. 3 4 5. and the Parliament of 21. R. 2. totally repealed and adnulled for ever and hath so continued Read Statut. at large 3. In the Parliament of 17 R. 2. n. 20. and Pas 17 R. 2. B. Regis Rot. 16. Sir Thomas Talbot was accused and found guilty of High Treason for conspiring the death of the Dukes of Glocester Lancaster and other Peers who maintained the Commission confirmed by Act of Parliament 10. R. 2 and assembling people in a warlike manner in the County of Chester for effecting of it in destruction of the estates of the Realm and the Laws of the Kingdome 4. In the 29. year of King Henry the sixth Jack Cade under a pretence to REFORM alter and abrogate some laws Purveyances and Extortions importable to the Commons whereupon he was called JOHN AMEND ALL drew a great multitude of Kentish people to Black-heath in a warlike manner to effect it In the Parliament of 29 H. 6. c. 1 this was adjudged High Treason in him and his Complices by Act of Parliament and the Parliament of 31. H. 6. c. 1. made this memorable Act against him and his Imitators in succeding ages worthy serious perusal and consideration by all who tread in his footsteps and over-act him in his Treasons Whereas the most abominable Tyrant horrible odious and errant FALSE TRAYTOR John Cade calling himself sometimes Mortimer sometime Captain of Kent which Name Fame Acts and Feats be to be removed out of the speech and minde of every faithfull Christian man perpetually falsly and traiterously purposing and imagining the perpetuall destruction of the KINGS PERSON and FINAL SVBVERSION OF THIS REALM taking upon him ROYALL POWER and gathering to him the Kings People in great number BY FALSE SVBTIL IMAGINED LANGVAGE and seditiously made a stirring Rebellion and insurrection VNDER COLOVR OF JVSTICE FOR REFORMATION OF THE LAWS OF THE SAID KING robbing slaying spoiling a great part of his faithfull people Our said Soveraign Lord the King considering the premises with many other which were more odious to remember by advice and assent of the Lords Spiritual and Temporal and at THE REQUEST OF THE COMMONS and by Authority aforesaid Hath ordained and established that the said John Cade shall be had named and declared A FALSE TRAYTOR to our said Soveraign Lord the King and that all his Tyranny Acts Feats false Opinions shall be voided abated adnulled destroyed and put out of remembrance for ever And that all Indictments and things depending thereof had and made under the power of Tyranny shall likewise be void adnulled abated repealed and holden for none and that the blood of none of them be defiled nor corrupted but by the Authority of the said Parliament clearly declared for ever And that all Indictments in time coming in like case under power of Tyranny Rebellion and stirring had shall be of no regard or effect but void in Law And all the Petitions delivered to the said King in his last Parliament holden at Westminster the sixth day of November the 29. of his Reign against his minde by him not agreed shall be taken and put in Oblivion out of Remembrance undone voided adnulled and destroyed for ever as a thing purposed against God and his Conscience and against his Royal estate and preheminence and also DISHONORABLE and UNREASONABLE 5. In the 8 year of King Henry the 8. William Bell and Thomas Lacy in the County of Kent conspired with Thomas Cheney the Hermite of the Queen of Fairies TO OVER THROW THE LAWS AND CUSTOMS OF THE REALM for effecting whereof they with 200 more met together and concluded upon a course of raising greater forces in Kent and the adjacent Shires This was judged High Treason and some of them executed as Traitors Moreover it was resolved by all the Judges of England in the reign of Henry 8. that an Insurrection against the Statute of Laborers or for the inhansing of Salaries and wages or against any Statute or to remove Councellors or to any other end pretending Reformation of their own heads was TREASON and a levying war against the King BECAVSE IT WAS GENERALLY AGAINST THE KINGS LAW and the Offenders took upon them THE REFORMATION THEREOF which Subjects by gathering of power ought not to do 6. On December 1. in the 21. year of King Henry the 8. Sr. Thomas Moore Lord Chancellour of England with fourteen more Lords of the Privy Councel John Fitz-James Chief Justice of England and Sir Anthony Fitz-Herbert Herbert
one of the Judges of the Common Pleas exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinal Wolsey That he had by divers and many sundry wayes and fashions committed High Treason and NOTABLE GRIEVOUS OFFENCES by misusing altering and subverting of his Graces Laws and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royal to the inestimable great hinderance diminution and decay of the universal wealth of this his Graces Realm The Articles are 43. in number the 20 21 26 30 35 37 42 43. contain his illegal arbitrary practises and proceedings to the subversion of the due course and order of his Graces Laws to the undoing of a great number of his loving people Whereupon they pray Please therefore your mostexcellent Majesty of your excellent goodnesse towards the Weal of this your Realm and subjects of the same to set such order and direction upon the said Lord Cardinal as may be to terrible example of other to beware to offend your Grace and your Laws hereafter and that he be so provided for that he never have any Power Jurisdiction or authority hereafter to trouble vex or impoverish the common-wealth of this your Realm as he hath done heretofore to the great hurt and dammage of every man almost high and low His poysoning himself prevented his legal judgement for these his Practises 7. The Statute of 3. and 4. Ed. c. 5 6. enacts That if any persons to the number of twelve or more being assembled together shall intend go about practise or put in use with force and arms unlawfully of their own authority TO CHANGE ANY LAWS made for Religion by authority of Parliament OR ANY OTHER LAWS OR STATUTES OF THIS REALM STANDING IN FORCE OR ANY OF THEM and shall continue together by the space of an houre being commanded by a Justice of Peace Mayor Sheriffe or other Officer to return or shall by ringing of any Bell sounding of any Trumpet Drumme Horn c. raise such a number of persons to the intent to put any the things aforesaid in ure IT SHALL BE HIGH TREASON and the parties executed as Traytors After this the Statute of 1 Mariaec 12. Enacted That if twelve or more in manner aforesaid shall endeavour by force to alter any of the Laws or Statutes of the Kingdome the offenders shall from the time therein limited be adâ—udged ONELY AS FELONS whereas it was Treason before but this Act continuing but till the next Parliament and then expiring the offence remains Treason as formerly 8. In the 39. year of Queen Elizabeth divers in the County of Oxford consulted together to go from house to house in that County and from thence to London and other parts to excite them to take arms for the throwing down of inclosures throughout the Realm nothing more was prosecuted nor assemblies made yet in Easter Term 39. Elizabeth it was resolved by all the Judges of England who met about the Case that this was High Treason and a levying war against the Queen because it was to throw down all inclosures throughout the Kingdom to which they could pretend no right and that the end of it was TO OVER THROW THE LAWS AND STATUTES for inclosures Whereupon BRADSHAW and BURTON two of the principal Offenders were condemned and executed at Ainstow Hill in Oxfordshire where they intended their first meeting 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 1640. The whole House of Commons impeached Thomas Earl of Strafford Lord Deputy of Ireland of High Treason amongst other Articles for this crime especially wherein all the other centred That he hath TREASONABLY ENDEAVOURED by his Words Actions and Counsels TO SUBVERT THE FUNDAMENTALL LAWS and GOVERNMENT OF ENGLAND and IRELAND and introduce an arbitrary and Tyrannical Government This the whole Parliament declared and adjudged to be High Treason in and by their Votes and a special Act of Parliament for his Attainder for which he was condemned and soon after executed on Tower-Hill as a Traytor to the King and Kingdome May 22. 1641. 10. The whole House of Commons the same Parliament impeached William Laud Arch-bishop of Canterbury of HIGH TREASON in these very terms February 6 1640. First That he hath traiterously endeavoured to subvert the Fundamental Laws and Government of this Kingdome of England and instead thereof to introduce an arbitrary and tyrannical Government against Law And he to that end hath wickedly and TRAYTEROVSLY advised his Majesty that he might at his own will and pleasure levy and take mony of his Subjects without THEIR CONSENT IN PARLIAMENT and this he affirmed was warrantable by the law of God Secondly He hath for the better accomplishment of that his Traiterous Designe advised and procured Sermons and other Discourses to be preached printed and published in which the Authority of Parliaments and the force of the Laws of this Kingdome have been denyed and absolute and unlimitted Power over the Persons and Estates of his Majesties Subjects maintained and defended not onely in the King but in himself and other Bishops against the Law Thirdly He hath by Letters Messages Threats and Promises and by divers other wayes to Judges and other Ministers of Justice interrupted perverted and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of Justice in his Majesties Courts at Westminster and other Courts TO THE SUBVERSION OF THE LAWS OF THIS KINGDOME whereby sundry of his Majesties Subjects have been stopt in their just suits deprived of their lawfull Rights and subjected to his Tyrannicall will to their ruine and destruction Fourthly That he hath traiterously endeavoured to corrupt the other Courts of Justice by advising and procuring his Majesty to sell places of Judicature and other Offices CONTRARY TO THE LAWS and CUSTOMES in that behalf Fifthly That he hath TRAITEROUSLY caused a a Book of Canons to be compiled and published without any lawfull warrant and Authority in that behalf in which pretended Canons many matters are contained contrary to the Kings Prerogative to the Fundamentall Laws and Statutes of this Realm to the Rights of Parliament to the Property and Liberty of the Subject and matters tending Sedition and of dangerous consequence and to the establishing of a vast unlawfull presumptuous power in himself and his successors c. Seventhly That he hath traiterously endeavoured to alter and subvert Gods true Religion BY LAW ESTABLISHED and instead thereof to set up Popish Religion and Idolatry And to that end hath declared and maintained in Speeches and printed Books diverse Popish Doctrines and Opinions contrary to the Articles of Religion ESTABLISHED BY LAW He hath urged and enjoyned divers Popish and Superstitious Ceremonies WITHOUT ANY WARRANT OF LAW and hath cruelly persecuted those who have opposed the same by corporal punishment and imprisonments and most unjustly vexed others who refused to conform thereunto by
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 introdâ—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 Finâ—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 Saluâ— 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
the Realm as the Arteries Nerves Veines are in and to the natural Body the Bark to the Tree the Foundation to the House and therefore the cutting of them a sunder or their Subversion must of necessity kill destroy disjoyn and ruine the whole Realm at once Wherefore it must be Treason in the highest degree But I shall onely subjoyn here some materiall Passages in Master St. Johns Argument at Law concerning the Attainder of High Treason of Thomas Earle of Strafford before a Committee of both Houses of Parliament in Westminster Hall Aprill 29. 1641. soon after Printed and published by Order of the Commons House Wherein p. 8. he lays down this Position recited again p. 64. That Straffords endeavouring To subvert the Fundamentall Lawes and Government of England and Ireland and instead therefore to introduce a Tyrannicall Government against Law is Treason by the Common Law That Treasons at the Common Law are not taken away by the statutes of 25. E. 3. 1 H. 4. c. 10. 1 Mar. c. 1. nor any of them The Authorities Judgements in and out of Parliament which he cites to prove it have been already mentioned some others he omitted I shall therefore but transcribe his Reasons to evince it to be Treason superadded to those alledged by him against the Ship mony Judges Page 12. It is a War against the King Let our Military Officers and Souldiers consider it when intended For alteration of the Laws or Government in any part of them This is a levying War against the King and so Treason within the Statute of 25. E. 3. 1. Because the King doth maintain and protect the Laws in every part of them 2. Because they are the Kings Laws He is the Fountain from whence in their severall Channels they are derived to the Subject Whence all our indictments run thus Trespasses laid to be done Contra pacem Domini Regis c. against the Kings peace for exorbitant offences though not intended against the Kings Person against the King his Crown and Dignity Page 64. In this I shall not labour at all to prove That the endeavouring by words Counsels and actions To subvert the Fundamental Laws and Government of the Kingdome is Treason at the Common Law If there be any Common Law Treasons at all left NOTHING TREASON IF THIS IS NOT TO MAKE A KINGDOME NO KINGDOME Take the Policy and Government away Englands but a piece of earth wherein so many men have their commerce and abode without rank or distinction of men without property in any thing further than in possession no Law to punish the murdering or robbing one another Page 70 71 72. The horridnesse of the offence in endeavouring to overthrow the Laws and present Government hath been fully opened before The Parliament is the representation of the whole Kingdome wherein the King as Head your Lordships as the more Noble and the Commons the other Members are knit together in one body Politique This dissolves the Arteries and Ligaments that hold the body together THE LAWS He that takes away the Laws takes not away the Allegiance of one Subject only but of the whole Kingdome It was made Treason by the Statute of 13 Eliz. for her time to affirm That the Law of the Realm do not binde the descent of the Crown No Law no descent at all NO LAWS NO PEERAGE no ranks nor degrees of men the same condition to all It s Treason to kill a Judge upon the Bench this kills not Judicem sed Judicium There be twelve men but no Law never a Judge amongst them It s Felony to embezell any one of the Judiciall Records of the Kingdome THIS AT ONCE SWEEPS THEM ALL AWAY and FROM ALL. It s Teason to counterfeit a Twenty shilling peice Here 's a counterfeiting of the Law we can call neither the counterfeit nor the true Coyn our own It s Treason to counterfeit the great Seal for an Acre of Land No property is left hereby to any Land at all NOTHING TREASON NOW AGAINST KING OR KINGDOME NO LAW TO PVNISH IT My Lords If the question were asked in Westminster Hall whether this were a Crime punishable in the Star Chamber or in THE KINGS BENCH by Fine or Imprisonment They would say It were higher If whether Felony They would say That is an Offence onely against the Life or Goods of some one or few persons It would I believe be answered by the JVDGES as it was by the Chief Justice Thirning in the 21 R. 2. That though he could not judge the Case TREASON there before him yet if he were a Peer in Parliament HE WOULD SO ADJUDGE IT And so the Peers did here in Straffords and not long after in Canterburies case who both lost their Heads on Tower-Hill I have transcribed these Passâ—ges of Mr. Oliver S. John at large for five Reasons 1. Because they were the Voice and Sence of the whole House of Commons by his mouth who afterwards owned and ratified them by their special Order for their publication in Print for information and satisfaction of the whole Nation and terrour of all others who should after that either secretly or openly by fraud or force directly or indirectly attempt the subversion of all or any of our Fundamental Laws or Liberties or the alteration of our Fundamental Government or setting up any Arbitrary or Tyrannical Power Taxes Impositions or new kinds of arbitrary Judicatories and imprisonments against these our Laws and Liberties 2. To minde and inform all such who have not onely equalled but transcended Strafford and Canterbury in these their HIGH TREASONS even since these PUBLICATIONS SPEECHES and their EXEMPLARY EXECUTIONS of the hainousnesse in excusablenesse wilfulnesse maliciousnesse Capitalnesse of their Crimes which not onely the whole Parliament in generality but many of themselves in particular so severely prosecuted condemned and inexorably punished of late years in them that so they may sadly consider bewail repent reform them with all speed and diligence as much as in them lies And with all I shall exhort them seriously to consider that Gospel terrifying passage if they have not quite sinned away all Conscience Shame Christianity Religion and Fear of the last Judge and Judgement to come Rom. 2. 1 2 3. Therefore thou art inexcusable O man whosoever thou art that judgest for wherein thou judgest another thou CONDEMNEST THY SELF FOR THOV THAT JUDGEST DOEST THOV THE SAME THING But we are sure that the Judgment of God is according to truth against them who commit such things And thinkest thou this O man that judgest them which do such things and doest the same that thou shalt escape the Judgment of God 3. To excite all Lawyers especially such who of late times have taken upon them the stile power of Judges to examine their Consciences Actions how far all or any of them have been guilty in the highest degree of these Crimes and Treasons so highly aggravated so exemplarily punished of former and
for such ends by colour of this ill tuned Instrument contrived privatly by themselves alone as most conjecture for their own self-interests to impose perpetuall Imposts Excises Customes Contributions of all kinds on our whole three Kingdoms and Nations which neither they nor their Parliaments though never so grievous extravagant unreasonable or oppressive shall have power to take away diminish alter or regulate in the forecited illegall oppressing violent wayes of levying them unless their Grand Soveraign Lord Protector shall first give his consent thereto which they cannot expect nor enforce and in cale of his refusall they are utterly left remediless he having Thirty thousand armed Mercenary Horse and Foot in severall Quarters by Land and a strong numerous Navy by Sea at his command to keep them under endless Tributes to him and his Successors for ever O England England to omit Scotland and Ireland consider seriously and timely to what a blessed Liberty and long-expected freedome this New invented Instrument and the Irish Harp lately quartered with the English bloody Cross as our Free-State Arms hath now at last reduced thee if these objected Articles must remain inviolable maugre all our Laws Statutes c. to the contrary as our New Tax-masters and their Instruments both literally and practically conclude unlesse you use your uttermost lawfull present diligent joynt Endeavours to prevent it 〈…〉 4ly The whole House of Commons yea some who were parties to this Instrument lately impeached and with the Lords â—ouse by judgement of Parliament condemned beheaded the Earl of Strafford and Archbishop of Canterbury as guilty of High Treason in subverting our Fundamental Lawes Liberties and setting up an arbitrary Tyrannical Government for resolving at the Councel Table before-hand To assist the King to raise Monies on the Subjects to carry on the Warres against the Scots by extraordinary wayes in case the Parliament should prove peevish and refuse to grant such Subsidies as they demanded of them And for Straffords affirming That Ireland was a Conquered Nation and that the King might do with them what he pleased That they were a Conquered Nation and were to expect Lawes as from a Conqueror And that he would make an Act of Councel board in that Kingdom of Ireland as binding as an Act of Parliament And do not the Objectors Contrivers of this New Instrument Articles and those who now vigorously put it in execution in any kind as too many do speak out and do as much as bad as they in each of these particulars nay farre more and worse Do not they after the late violent breaches of our former Parliaments and their own Junctoes by the Army raise monies in more vast proportions by more irregular violent extraordinary wayes by longer continued Taxes Excises Impositions and constant yearly Revenues then they ever did or designed quite out of Parliament by their own arrogated Legislative Tax-imposing Power Do not they by this very Instrument proclaim to all the world that not only Ireland and Scotland but England it self is now a meer Conquered Nation that thereupon they may do with us what thâ—y please and we must not only expect but receive Lawes from them as Conquerors having already published whole Volumes of New-Laws and Ordinances of all sorts at their New-erected Councel board which the Old never did and made them as binding not only to Ireland but England and Scotland too as an Act of Parliament yea farre more binding than any Parliament Acts by binding the hands power of future Parliaments themselves and our three whole Nations as aforesaid and that in Perpetuity which no Parliaments nor Acts of Parliament can do and by repealing nulling all our former Fundamental Laws Charters Liberties Free Government made by Parliaments with our very Parliaments themselves And if so let the Objectors now seriously consider both the Treasonableness unparliamentalness sad Consequences of this Objection and what ill effects it may produce in present or future ages 5ly The Statutes of 25 E. 1. c. 2. 42 E. 3. c 2. yet in force declare All judgements given or to be given by the Justices or any other contrary to the points of the Great Charter to be void and holden for Nought and if any Statute be made to the contrary it shall be holden for none Therefore these Instrument Articles and Paper Ordinances made by colour of them in direct opposition to and subversion of the points of the Great Charter and all other Acts for their confirmation must needs be holden for nought and void to all intents to bind this whole Free-born Nation or any one Freeman of England in particular 6. If these Articles and Instrument for the premised reasons and defect of Legal power in the yet unknown Instrument-makers be not void in Law to all intents and purposes as all wise men repute them yet other clauses and Articles of this very Instrument admit it valid and obligatory to our Nations give a fatal blow to all the forementioned Excises Impositions Contributions by colour thereof and to the Objected Articles First the Prologue to the Oath at the close thereof proclaims the Government setled by it to be such as by the blessing of God might be lasting secure Property and answer The Great Ends of Religion and Libertie so long Contended for But these Articles as the Objection and premises evidence do no wayes secure but utterly subvert all Property in the highest degree and answer not but eternally frustrate abolish the Great ends of our Religion condemning all illegal unrighteous Taxes and Tyrannical Usurping Oppressing arbitrary Powers but especially of our Liberties so long contended for and are rather likely to raise new troubles and unsettlements than make the Government lasting as many late Presidents with those ancient ones in Dr. Beard his Theatre of Gods Judgements l. 2. c. 36. to 42. may perswade us Therefore it must be exploded as repugnant to the whole scope of the Instrument 2. The 6. Article of it is fatall and destructive to the objected Articles viz That the Laws shall not be altered suspended abrogated or repealed nor any New Law made Nor any Tax Charge or Imposition laid upon the People but by common consent in Parliament Save Only as is expressed in the 30th Article not 27. Now these objected 27 28 29 Articles being diametrically contrary to every word clause of this 6 Article and agreeable to our Fundamental Laws which the last clause of the Oath obligeth their Protector and his Successors to maintain and to govern the People by which Laws must be all altered suspended abrogated repealed by these Articles alone if reputed valid in giving Power to them to impose any Tax Charge Imposition upon the People without common consent in Parliament and being not within the saving of this or the 30th Article must needs be void and repealed by this very sixt Article and the Oath it self 3. The 30th Article following them diametrically contradicts repeals them in
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 bâ—nificia debes non sua eripere sic Homoâ—es id quâ—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 nâ—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 1540â— 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 Ignâ—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
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 fomâ—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 eleveÌ„ 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
excommunicate but judicially to suspend mulct with temporal penalties depose dethrone PVT TO DEATH and destroy any Christian Emperours Kings Princes Potentates by open Sentence War Force secret Conspiracies or private assasinations and to give away their Crowns and Dominions to whoever will invade them by Treason or Rebellion at the Popes command and that in cases of Heresie Schisme Disobedience to Rebellion against the Pope or See of Rome Male-administration refusal to defend the Pope or Church against her adversaries Insufficency to Govern Negligence Tyranny Excesses Abuses in Goveâ—nment Incorrigibility Vitiousness of Life and NECESSITY OF THE PUBLICK GOOD OR SAFETY OF THE CHURCH STATE OR CAVSE OF GOD as Antonius Sanctarellus the Jesuite particularly defines in his Book De Haeresibus Schismatibus c. printed in Rome it self Anno 1625. who affirms it to be Multum aequum Reipublicae expediens ut sit aliquis supremus Monarcha qui Regum hujusmodi excessus possit corrigere DE IPSIS IVSTITIAM MINISTRARE sicut PETRD concessa fuit facultas PVNIENDI PAENA TEMPORALI imo etiam PAENA MORTIS DICTAS PERSONAS AD ALâ—â—â—VM COKKEECMIONEM ET EXEMPLVM Whether the Erection Title of or Proceedings against our beheaded King in the late mis-named High Court of Justice had not their original from hence and whether the Army-Officers derived not their very phrase of bringing the King TO IVSTIEE with their pretended NECESSITY OF PVBLICK GOOD AND SAFETY for it from these very Jesuites or their Agents in the Army let themselves the whole Kingdom and all Wisemen now consider Moreover some of the fifty Authors as Creswel or Parsons the English Jesuite in his Philopater Sect. 2. and De Officio Principis Christiani chap. 5. affirm That the whole School both of their Divines and Lawyers make it a Position certain and undoubtedly to be believed That if any Christian Prince whatsover shall manifestly turn from the Roman Catholick Religion or desire or seek to reclaim others from the same or but favour or shew countenance to an Heretick as they deem all Protestants and Dissenters from the See of Rome in any punctilio such HE PRESENTLY FALLETH FROM LOSETH AL PRINCELY POWER Dignity that By Vertus Power OF THE LAW IT SELF BOTH DIVINE AND HVMANE EVEN BEFORE ANY SENTENCE PRONOVNCED AGAINST HIM BY THE SVPREAM PASâ—OR AND IVDGE That thereby his Subjects are absolved from ALL OATHES AND BONDS OF ALLEGIANCE TO HIM AS TO THEIR LAWFUL PRINCE Nay THAT THEY MAY AND OVGHT PROVIDED THEY HAVE COMPETENT POWER AND FORCE TO CAST OVT SVCH A PRINCE FROM BEAKING RVLE AMONGST CHRISTIANS as an Apostate an Heretick a Back-slider a Revolter from our Lord Jesus Christ AND AN ENEMY TO HIS OWN ESTATE AND COMMONWEALTH lest perhaps he might infect others or by his example or command turn them from the faith And that the Kingdom of such an Heretick or Prince is to be bestowed at the pleasure of the Pope with whom the people upon pain of Damnation are to take part and Fight against their SOVERAIGN Out of which detestible and Treasonable Conclusions most Treasons and Rebellions of late time have risen in the Christian World and the first smoke of the Gunpowder-treason too as John Speed observes in his History of Great Britain p. 1250. Whereupon the whole University of Paris censured them An. 1625 and 1626. not onely as most pernioious detestable damnable erroneous and perturbing the publick Peace but likewise as Subversive of Kingdoms States and Republicks seducing Subjects from their Obedience and subjection and stirring them up to Wars Factions Seditions Principum parricidia and the Murthers of their KINGS 2. That the Jesuites have frequently put these Treasonable Seditious Antimonarchical Jesuitical damnable Doctrines into practice as well against some Popish as against Protestant Kings Queens Princes States which they manifest 1. By their poysoning Jone Albreta Queen of Navarre with a pair of deadly perfumed Gloves onely for favouring and protecting the Protestants in France against their violence Anno. 1572. 2. By their suborning and animating James Clement a Dominican Frier to stab King Henry the third of France in the belly with a poysoned Knife whereof he presently died Anno. 1589. for which they promised this Traytor a Saintship in heaven Pope Sixtus the fifth himself commending this foul Fact in a long Oration to his Cardinals as Insigne memorabile sacinus non sine Dei Opt. Max. particulari providentia dispositione ET SPIRITUS SANCTI SUGGESTIONE DESIGNATUM facinusque longe majus quam illud S. Judith quae Holofernum è medio sustulit 3. By Cammolet the Jesuites publick justification of this Clement in a Sermon at Paris Anno 1593. wherein he not only extolled him above all the Saints for his Treason against and murder of Henry the 3. but broke out likewise into this further Exclamation to the people We ought to have some Ehud whether it be a A Monke or A Souldier or a Varlet or at least a Cow-herd For it is necessary that at least we should have some Ehud This one thing onely yet remains behinde for then we shall compose all our Affairs very well and at last bring them to a destred end Whereupon by the Jesuites instigation the same yeer 1593. one Peter Bariere undertook the assasination of King Henry the 4 of France which being prevented and he executed thereupon they suborned and enjoyned one of their own Jesuitical Disciples John Castle a youth of 19 yeers old to destroy the King who on the 27 of December 1594. intending to stab him to the heart missing his aim wounded him onely in the cheek and stroke out one of his teeth for which Treasonable act he was justified applauded as a renowned Saint and Martyr by the Jesuites in a printed Book or two published in commendation of this his undertaking As namely by Bonarscius the Jesuite in his Amphitheatrum Franciscus Verona Constantinus a Jesuite in his Apologiapro Iohanne Castello contra Edictum Parliamenti supplicium de eo ob Parricidium sumptum An. 1595. Where he thus writes of the attempt upon Hen. 4. Whosoever diligently ponders that Henry was excommunicated an Heretick relapsed a profâ—ner of holy things a declared publick enemy an oppressor of Religion and thereupon a person secluded from all right to the Kingdom and therefore a Tyrant not a King an Vsurper not a lawful Lord he verily unless he be mad and destitute of humane sence and love towards God the Church and his Country cannot otherwise think or speak but that the fact of Castle was generous conjoyned with Vertue and Heroical to be compared with the greatest and most praise-worthy facts which the ancient Monuments of Sacred and Prophane Histories have recorded One thing onely may be disliked namely That Castle hath not utterly slain and taken him from the midst of us In sum He denies this Henry to be any King of France by right
universal liberty of exercising their Popish Religion throughout his Realms and Dominions and then to train up his Son under them in the Popish Religion To which not onely heretofore but now likewise they strenuously endeavour by all possible means to seduce him as appears more especially by Monsieur Militiere his late book dedicated to Him for that purpose to invite him to the Roman Catholick Faith Surely all these premised instances compared together and with that memorable passage of the English Jesuite Campian in his Concertatio Ecclesiae Catholicae or Epistle to Queen Elizabeths Councel Treviris 1583. p. 22. Velim sciatis quod ad Societatem nostram attinet omnes nos qui per totum Orbeni longe lateque diffusi sunt quarum est continua successio magnus numerus Sanctum foedus infisse nec quamdiu unus nostrum supererit studium consilia nostra intermissuros ad Reges Hereticos quovis modo tollendos as Hospinian relates and expounds his words and meaning Religionem vestram extingâ—ere Iampridem jacta est ratio inchoatum certamen nulla vis nullus Anglorum impetus superabit so as to hinder this their holy League and Covenant long since entred into To destroy take out of the way ruine all Protestant Kings throughout the World under the Notion of Hereticks by any means whatsoever and the Protestant Religion togetherwith them With a Copy of a Letter sent by an Independent Agent from Paris some few weeks before the Kings removal from the Isle of Weight by the Army-Officers declaring the Jesuites implacable Enmity to the King and to hereditary Monarchy throughout the World And an Express sent from Paris to the King himself some three dayes before his seisure and translation from Weight to this effect as I have heard from persons of Honour That the Jesuites at a general meeting in France had resolved by the power of their friends in England to seise on his Majesty bring him to justice and cut off his head because he had contrary to their expectation closed with the Parliament consented to the abolishing of Episcopacy and to five new Bills against Jesuites Popish Priests Mass Popery and all Popish Ceremonies in the last Treaty and advising Him to prepare for this new storm which within few days after fell upon him will sufficiently inform the world that the late unparallel'd capital proceedings against our Protestant King contrary to the Votes of both Houses of Parliament the Parliament Members Peers House and forced dissolved late Parliament too proceeded not from the Principles of our reformed Protestant Religion as this Monsieur in his printed Pamphlet would make his Reader the youg King to whom he dedicates it and all the World believe but from the Popes and Jesuites forecited Treasonable Opinions seconded with their clandestine Sollicitations and Practises and that they with some French Cardinals Jesuites as well as Spanish and English then present in England to promote their Designes were the chief original Contrivers Promoters of them whoever were the immediate visible Instruments as I have elsewhere more fully demonstrated for the wiping off this Scandal from our reformed Religion the sincere Professors of it who both abominated and protested against it in print 〈◊〉 Radolphus Hospinian in his excellent Historia Jesuitica l. 4. f. 244 245. reckons up these three prime causes of the Jesuites Regicides other Notorious Treasons The first is that blinde Obedience which they vow to their Superiours to execute with great celerity spiritual joy and perseverance whatever their Superiours shall enjoyne them by being perswaded That all their Cemmands are Iust to them by renouncing their own Opinion and Iudgement with a certain Blinde Obedience and by believing that those who live under Obedience are carried and governed by Divine Providence a word now most in use with our Army-Saints and Souldiers wholly infected with this Jesuitical Doctrine of Obedience by their Superiors whithersoever they shall suffer themselves to be carried or in what sort soever they shall be dealt with by them like a staffe in the hand of a man which readily obeys him that holds it wheresoever and in what thing soever he will please to use it especially when backed with a pretext of Necessity Religions Safety Publick Good Exemplary Justice and promoting the common Cause for which their Society was first instituted 2. That they hold themselves obliged to no Kings Princes or Civil Magistrates by any Oath of Allegiance but onely to the Pope and their Generals and therefore think themselves free and unable to commit any Treason at all against them although at the Popes and â—heir Superiours commands they still rise up against murder â—stroy them 3. That they deem those Kings Princes which the Pope and Jesuites or other learned men of their Religion or the common people shall deem Hereticks to be thereby wholly made uncapable of any Empires Kingdoms or Principalities or any other civil Diguity yea to be accursed Tyrants unworthy of the name of Kings that thereby their Subjects are totally absolved from the bond of Allegiance to them and that thereupon it is lawful to kill and destroy them and the murders of such are meritorious Now that these three Jesuitical Grounds and Principles infused into our Army-Officers and Souldiers by the Jesuites and their Instruments of late yeers against their Primitive Orthodox Positions Protestations Declarations Oaths Covenants Engagements backed with secret Avarice Ambition and Self-ends were the principal impulsive Causes of all the extravagant violent Proceedings both against the late King and Parliament not the loyal Principles of the Protestant Religion is apparent unto all the World by the Armies own Declarations of Nov. 16. and Decemb. 7. 1648. Their True State of the Commonwealth of England c. 1654. and other Pamphlets for their justification which all true Protestants blush at 〈◊〉 3. That the Jesuites ever since the Establishment of their Military Order under Ignatius their Martial General have been the principal Firebrands Bellows Instruments of kindling somenting raising continuing all the publick commotions wars seditions and bloody fewds that have happened in or between any Kings Kingdoms States Princes Soveraigns or Subjects throughout the Christians world and more particularly of all the Civil commotions wars in France Germany Transylvania Bohemia Hungary Russia Poland England Scotland and Ireland to the effusion of whole Oceans of Christian blood which one poetically thus expresseth Quicquid in Orbe mali passim Peccante Gradido est Quicquid turbarum tempora nostra vident Cuncta Sodalitio mentito Nomine Jesu Accepta Historiâ teste referre licet Itâ— modò vestrae celebrate Encaenia Sectae Militis inventum Loiolana cohors Yea it is well worthy observation what Jacobus Crucius a Jesuite Rector of the Jesuites Novices at Landsberge presumed to publish in his Explication of the Rules of the Jesuites Anno 1584. in these words The Father
of our Society ought to be a Souldier because as it is the part of a Sculdier to rush upon the Enemy with all his Forces and not to desist till he become a Conquerour so it is our duty to run violently upon all who resist the Pope of Rome and to Destroy and Abolish them not onely with Counsels Writings and Words Sed invocato etiam brachio seculari Igne Ferro tollere abolere sicut Pontifer nostra Vota contra Lutheranos suscepta Volunt Mandant But likewise by calling in to our assistance the secular Arm of an Army to take away and destroy them with Fire and Sword as the Pope and our Oathes taken against the Protestants Will and Command And may we not then safely conclude they have been the Original Contrivers Fomenters Continuers of all our late intestine and forraign wars by Land and Sea with our Christian Protestant Brethren and Allyes as sundry Parliament Declarations of both Houses aver and attest And that many of them have secretly crept into and listed themselves Souldiers in our Armies on purpose to put on foot their designs against our King Kingdoms Churches Religion and perpetuate our Civil Wars And so much the rather because Alphonsus de Vargas a Spanish Popish Priest informs us That the Jesuites being a Generation of Incendiaries are so welpleased with the name of their Founder Ignatius derived from Fire and signifying a Caster about of wild-Fire or an Incendiary that though his christned name at first was Innicus or Inighistas Yet Iohannes Eusebius Nirenberger a Jesuite in his Book De Vita Ignatii printed at Madrid 1630. most falsly records That his Parents at his Baptism being in doubt what name to give him thereupon the Infant himself with a loud voice said He would be named Ignatius to signifie what office he should obtain in the Church and world even to cast abroad fire in them and set them all in a flame Hereupon his Disciples the Jesuites considering that this their founder was by his name A firebrand and a Souldier by his profession professed publikely to the King of Spain his councel and the world that it was no less consonant to the mind institution and statutes then to the name of their warlike Father Ignatius that they should not onely exercise but Publikely profess and teach to others Artem Pyrotechnisam c. the art how to make and cast abroad fire-balls fire-works and wild-fire to fire and burn houses and Cities and likewise the art of warre of setting Armies in battel array of Assaulting cities the maner of making Gun-powder bullets fire-bals of casting Guns and the maner and wayes of making all other Military works Engines together with rules and precepts belonging to Navigation omnia maritini belli munia and all duties and incidents belonging to Sea-fights Upon which they perswaded the King of Spain notwithstanding the opposition of all the Universitâ—es of Spain against it to erect a publike University for their fiery martial order at Madrid and to endow it with an annual Revenue of ten thousand Crownes wherein they set up a publike Lecture concerning war and all incidents appertaining thereunto with this Printed title Acroasis De re Militari in qua pracipietur Doctrina forma Militiae veteris Hodiernae Species Mathematum arti isti subordinatarum quae sunt Tactica five De Acie instruenda Topographica Machinaria Militaris Organo Poetica Pyrotechnica c. Hanc acrosia faciet P. Hermannus Hago a Jesuit quarta pomeridiana usque ad quintam This is the first publike Military Lecture I ever read of erected in any University amongst Christians and Professors of the Gospel of peace who are expresly enjoyned by the God of peace and Prince of peace To put up their swords into their scabberds because all those that that the sword shall perish with the sword To beat their swords into plowâ—shares and their spears into pruning-hookes not to lift up the sword against one another neither To learne war any more Yet such bloody incendiaries and delighters in war are the Jesuites that they thus publikely teach others the art of war and fire-workes to set the whole Christian world in combustions and open warres against each other which they have everywhere accomplished and that upon this accompt that the Gospel of Jesus is principally to be taught and propagated by armed power exercitu armorum usu by An army and the use of armes whereby they now propagate it in our Kingdomes the quite contrary way to the ruine of our Church and religion whereupon Vargas passeth this just censure on them Hos velut Ignigenos illis Comici verbis recte quis a se amoliri in malam rem abire jusserit Apage illum a me nan ille quidem Vulcani irati est filius Quaqua tangit Omne amburit si prope abstes calefacit And a German Frier in his Astrum inextinctum gives this true Character of them Discordias inter suprema Reipublicae Christianae capita seminare credimus esse veritati patrocinari quam salvam esse negant quamdiu Principes isti inter se non colliduntur Hoc est flammas in Europa suscitare sicut gloriantur Patrem societatis Ignatium esse illum de quo Christus dexerit Veni ignem mittere in terram hoc est classicum in aulis Principum canere illos inter so committere 4. That the Jesuites from the first erection of their Military order have conspired attempted to subvert and utterly extirpate under the name of Schismatickes Hereticks Gospellers Heresie and the Gospel all professors whatsoever of the Protestant Religion and their Doctrines throughout the world not onely by Machivilian plots and treasons but by war fire sword holy leagues Armies armed power as is evident both by their bookes and Practices To instance in a few particulars both abroad and at home Franciscus Veronas Constantiensis a Jesuite in his Apology for John Castle Anno 1595. part 5. c. 13. resolves That all wars to extirpate heretickes Protestants Arâ— lawfull yea more lawfull then against all other Infidels because Heresie according to Gods word is worse then all Infidelity And if war be Just against Heretickes how much more just is it against the head of the Heretickes And if it be just to Extirpats hereticall Kings out of all Christian Kingdomes which the Jesuites entred into an holy League to effect as you heard before out of Campian How much more just is it in the most Christian Kingdom France to root out King Henry the 4 whom they not onely warred against but stabbed and murdered as aforesaid Thuanus Historiae l. 65. p 238. and lib. 67. 299. records That it is the opinion and Sentence of the Jesuites that it is a Pious and wholsome thing that all Christians should lay violent hands upon Sectaries and Protestants ought to be armed against them and to make no peace
Church Religion then to follow the Advice Votes Councels Directions Commands of our Parliaments Kingdomes and the best affected Protestants of all ranks who first raised and have so long maintained them for quite other ends hereafter touched then what they of late times have most pursued to the Popes and Jesuits great content 5. That the Jesuits have endeavoured attempted the convulsion concussion subversion not onely of the Empires Realms and ancient setled Governments and States of Germany Russia Bohemia Hungaria France Poland but likewise of England Scotland and Ireland and to new model them into other Forms of Government What mould of Government they intended to cast England into is thus long since described by William Watson a secular Priest in his Quodlibets Anno 1602. page 309 310 330 331. England is the main chance of Christendome at this present by seditions factions tampering and aspiring Heads the onely But Mark White the Jesuits aym at as well in intention as execution of their pretended expedition exploit and action I am of opinion that no man on earth can tell what Government it is they intend to establish ratifie and confirm when they come to their preconceited Monarchy no not any of their Plot casters No question it is but their Government shall be as uncertain as their New conceited Monarchy their Monarchy as mutable as their Reign and their Reign as variable as the Winde or Proteus in his Complements But no question is to be made of it but that the Government they do directly intend at this present is A MOST ABSOLUTE SOVERAIGNTY DOMINION AND STATE CLEARLY EXEMPTED from any subordination TO ANY LAW or Legifer divine or humane and therefore it is rightly called DESPOTICON in the highest degree of exemplary immuniâ—le IMPERIALITY AND ABSOLUTE REIGN RULE AND AUTHORITY as containing in it three sorts of Government Sâ—il Monarchical Aristocraticall Democraticall in matters of Counsell and mannaging of Common wealths causes not in point OF REGALITY HONOUR AND INHERITANCE For there shall be neither Title nor Name nor Honour given taken or done to any Prince Duke Marquesse Earl Viscount Lord Baron or the like all the Jesuitical Governours being Puritan like Seniours Elders Provincials c. neither shall there be any successions by Birth or blood TO ANY HONOUR OFFICE OR MAGISTRACY from the Monarch Pater General to the Minor Pâ—ter Minister but ALL SHALL GO BY ELECTION OR CHOICE Whether our late and present variable floating New moulded Governments have not been cast by this long since predicted Jesuiticall Mould let wise men with all our late yea present Governours now sadly consider and determine 6. That the Jesuits in a publique Disputation held at Madrid published by them under this Title Conclusiones Politicae sub Regis Domini nostri praesidio instructed the King of Spain their Chief Protector whom they most extoll above all other Kings to promote both his universall Monarchy and their own thereby That in relation to his Empire Power was necessary which power they defined to be A faculty not onely of retaining the Kingdomes he already possessed but likewise of acquiring other mens Perswading him by this Doctrine to believe That he was therefore consecrated a Catholike King by God that he might enjoy a faculty not onely of keeping his own but also OF INVADING AND SEISING UPON OTHER MENS DOMINIONS For to retain ones own was the praise onely of a private family DE ALIENIS CERTARE REGIA LAUS EST but it was a Royall praise to fight for that which is other mens NEC REGNANDI CAUSA JUS VIOLARE CRIMEN EST DUM CAETERIS REBUS PIETAS COLATUR Neither is it a Crime to violate Law or Right to reign or gain a Crown whiles that Piety in other things shall be observed Which Jesuitical Machivilian unrighteous Doctrine though as Alphonsus Vargas a Spanish Popish Priest resolves it be diametrically contrary to the doctrine of our Lord Jesus himself instructing men that aliena obtinere non Potentis Principis SED IMPOTENTIS AC VIOLENTI PRAEDONIS EST Yet the Jesuites and their Instruments of late years have sufficiently propagated it amongst our English Grandees and Army-Saints for a most sacred Oracle as their violent invasions of other mens Realms Powers Offices Pallaces Lands Estates and Possessions of all kindes by meer armed power and might demonstrate beyond contradiction 7. That the Jesuites in their Book De Zelo S. Ignatii in Religione sua instituenda printed at Madrid p. 13 do glory Hoc Societatis proprium esse ut quotidie novâ—â— promat inventiones quibus homines ad Deum perducantur That this is the property of their Society that it DAILY BRINGS FORTH NEW INVENTIONS whereby men may be brought home to God that is to their Religion and Society the principle whereof they and Vargas record to be these Their perswading of men to embrace the Gospel by AN ARMY the use of ARMES Power Terrour Fire Their Exercise of Merchandize which many of them in most places in England too now use they being very great Merchants Factors and Returners of Moneys by Bils of Exchange and of all other Secular Imployments Callings in Lay-mens habits the more easily to insinuate themselves into all Countries Places Companies and Societies of men to infect seduce and discover their secrets according to this their received Maxime JESUITA EST OMNIS HOMO a Jesuit is every man that is a man of all Professions Callings Sects Religions to effect his ends Their questioning traducing oppugning censuring of all the Articles of the Apostles Creed and received Principles Doctrines of Christian Religion corrupting slighting falsifying the Scriptures themselves together with Councils Fathers Schoolmen and all other Divines but those onely of their own Order which they incomparably extoll above and prefer before all other Their venting of new Opinions Notions Revelations Exposâ—â—ions Crochets Herefies Problems both in Divinity itself and all other Arts and Sciences in the Presse Pulpit Universities Schools And if these as Vargas assures us be their properties and new inventions to propagate the Gospel and draw men unto God which our Lord Jesus himself and his true Disciples were wholy ignorant of may we not certainly conclude that they have of late years been extraordinary busie at this their harvest work amongst us and more especially in spreading their Gospel by AN ARMY and taking upon them the use of Arms in 〈◊〉 of their Military Father Ignatius with all other secular Imployments and New Sects to draw Proselites and new separate Congregations to them throughout our Realms to destroy both our Church Discipline and Religion as well as our Civill Government and Laws 8. That as the whole House of Commons in their Remonstrance of 15. December 1641. charge the Jesuites and late Jesuited Court-Counsellors with a Malignant and pernicious designe of SUBVERTING THE FUNDAMENTAL LAWS and Principles of Government upon which the Religion and Justice of the
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
illis annis afficerint Praeterea suspicionem cis incuâ—iat fore ut Jacobus CAEDEM MATERNAM VINDICATURUS SIT c. Exasperandi sunt etiam animi EpiscoporuÌ„ PresbyteroruÌ„ Anglicorum proponendo illis REGEM SCOTIAE Calvinismum amplexum esse SPE CUPIDITATE REGNI ADACTUMQVE VI A BARONIBUS HAERETICIS quod si vero Regnuâ— Angliae etiam â—btineat TVM ILLVM CITO PRIOREM RELIGIONEM REVOCATURUM ESSE qùandoquidem non solum MARIA EJVS MATER moriens virum etiaÌ„ REX IPSE GALLIARVM SVMMOPORE EI RELIGIONEM CATHOLICAM COMMENDARINT c. yet now transcribed almost verbatim out of Thomas Campanella who suggested it against King James to alienate the English from him keep him from the Crown very freshly by the Authors of The True state of the Case of the Commonwealth c. p. 48 49. objected against the present King of Scots and royal Issue to deprive him and them from the Crowne of England and engage the whole English Nation against their Title to vest it in some other Family in greatest power Or if these projects should fail then by dividing us into many Kingdoms or Republicks dislinct one from another and by sowing the seeds of Schisms and making alterations and innovations in all Arts Sciences and our Religion The old Plots of Campanella Parsons and late designs of Cardinal Richelieu of the Pope Spaniard Jesuites to undo subvert our Protestant Churches Kings Kingdoms and Religion as the marginal Authors irrefragably evidence yet all visibly set on foot yea openly pursued and in a great measure accomplished by some late nay present Grandees and Army-Officers who cry up themselves for our greatest Patrons Preservers Deliverers and Anti-Jesuits when they have rather been but the Jesuites Popes Spaniards and other Forraign enemies instruments and factors in all the late changes new-models of our Government Parliaments pretended reformations of our laws and Religion through inadvertency circumvention or self-ended respects as many wise and godly men justly fear For prevention whereof I shall recommend to the whole Kingdoms serious consideration the memorable Preamble of the Statute of 25 H. 8. c. 22. discovering the like Plots of the Pope and our Forraign Enemies to 〈…〉 to prevent them for the future in these ensuing words In their most humble wise shewen unto your Majesty Your most humble and obedient Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament assembled that since it is the natural inclination of every man gladly and willingly to provide for the surety both of his Title and Succession although it touch his only private cause We therefore most rightful and dreadful Soveraign Lord reckâ—n our selves much more bounden to beseech and instant your Highness although we doubt not of your Princely heart and wisdom mixed with a natural affection to the same to foresee and provide for the perfect surety of both you and of your most lawful Succession and heirs upon which dependeth all our joy wealth in whom also is united and knit the only meer true inheritance and title of this Realm without any contradiction Wherefore We your said most humble and obedient Subjects in this present Parliament assembled calling to our mind the great divisions which in times past have been in this Realm by reason of several Titles pretended to the Imperial Crown of the same which sometimes and for the most pâ—rt ensued by occasion of ambiguity and doubts then not so perfectly declared but that men might upon froward intents expound them to every mans sinister appetite and affection after their sence contrary to the right Legality of the Succession and Posterity of the lawfull Kings Emperors of this Realm whereof hath ensued great effusion destruction of Mans blood as well of a great number of the Nobles as of other Subjects and specially Inheritors in the same And the greatest occasion hath been because no perfect substantial provision by law hath binmade within this realm it self when doubts and questions have been moved proponed of the certainty legality of the Succession posterity of the Crown By reason whereof The Bishop of Rome See Apostolick contrary to the great and inviolable grants of Jurisdictions By God immediatly to Emperours Kings Princes in succession to their heirs hath presumed in time past to invest who should please them to inherit in other mens Kingdoms Dominions which thing we your most humble Subjects both Spiritual and Temporal do most abhor detest And sometimes other forraign Princes and Potentates of sundry degrees minding rather dissention discord to continue in the realm to th'utter desolatioÌ„ therof then charity equity or unity have many times supported wrong titles wher by they might easily facilly aspire to the Superiority of the same the continuance sufferance whereof deeply considered pondered were too dangerous and perillous to be suffered any longer within this Realm too much contrary to the unity peace and tranquility of the same being greatly reproachful and dishonourable to the whole Realm In consideration wherof your said most humble and obedient Subjects the Nobles and Commons of this Realm calling further to their remembrance that the good unity peace and wealth of this Realm and the succession of the Subjects of the same Most specially principally above all wordly things consisteth and resteth in the certainty and surety of the procreation posterity of your Highness in whose most royal person at this present time is no manner of doubt or question Do therefore most humbly beseech your Highnes c. to declare the establishment of the successioÌ„ of your royal posterity in the Imperial Crowns of this realm as he and they did by this other succeeding acts of Parl. in 1 Eliz c. 3. 1 Jac. c. 1. to prevent the like civil wars and mischiefs for succeeding ages now revived promoted by the Pope Jesuits Foraign Popish Princes to work our ruine Certainly whosoever shall seriously ponder the premises with these passages in William Watsons Quodlibets concerning the Jesuits 1. That some of the Jesuits society have insinuated themselves into all the Princes Courts of Christendom where some of their Intelligencers reside and set up a secret counsel of purpose to receive and give intelligence to their General at Rome of the secrets of their Soveraigns and of all occurrents in those parts of the world which they dispatch to and fro by such cyphers which are to themselves best but commÌ„only only to themselves known so that nothing is done in England but it is known at Rome within a month after at least reply made back as occasion is offered to the consequent overthrow of their own natural Country of England and their native Princes and Realms by their unnatural Treasons against them that so the Jesuits might be those long gowns which should reign and govern the Island of Great
reproach too vile but that we shall willingly goe through the one and undergoe the other That we and the WHOLE KINGDOME MAY ENJOY THAT HAPPINESSE which we cannot in an ordinary way of providence expect FROM ANY OTHER FOUNTAIN OR STREAM than those from whence were the poison of evil Councels once removed from about them no doubt but we and THE WHOLE KINGDOME SHOULD BE SATISFIED MOST ABUNDANTLY And on the contrary have they not fully and actually verified in respect of themselves and their Confederates in the Houses this Odious aspersion then only in prediction cast by the KING on the PARLIAMENT but by them at that time renounced with greatest detestation and drawn those sad consequences on the whole Kingdom wherewith both HOUSES conclude that Declaration in these words 7. That the Representative Body of the whole Kingdom since dissolved by the Army is a Faction of Malignant Schismatical ambitious Persons whose DESION IS AND ALWAYES HATH BEEN TO ALTER THE WHOLE FRAME OF GOVERNMENT BOTH OF CHURCH AND STATE AND TO SUBJECT BOTH KING AND PEOPLE TO THEIR OWN LAWLESSE ARBITRARY POWER AND GOVERNMENT and that they DESIGN THE RUINE OF HIS MAJESTIES PERSON and OF MONARCHY IT SELF and consequently that they are TRAITORS and all the Kingdome with them for their act is the act of the whole Kingdome And whether their punishment and ruine may not also INVOLVE THE WHOLE KINGDOM IN CONCLUSION AND REDUCE IT INTO THE CONDITION OF A CONQUERED NATION as some ARMY OFFICERS SOULDIERS openly averre we are now reduced to by and under them NO MAN CAN TELL BUT EXPERIENCE SHEWETH US and now we find it most true in the ARMY-OFFICERS COVNCELL SOVLDIERS THAT SVCCESSE OFTEN DRAWS MEN NOT ONELY BEYOND THEIR PROFESSION but also many times beyond their first intentions Surely as the Armies and their Confederates late proceedings in relation to themselves though not unto the forced dismembred dissolved Parliament and secured Members have fully verified this charge in every particular then reputed most false and scandalous which I thus press upon their consciences at this time and so largely insist on not to defame or asperse them to the world as many others do who apply that black Character of Ier. 9. 2. to 6. c. 12. 6. Rev. 3. 10. to 19. They are all an ASSEMBLY OF TREACHEROVS MEN Thine habitation is in the MIDST OF DECEIT c. Destruction and Misery are in their wayes and the way of Peace they have not known there is no fear of God before their eyes unto them in a more eminent manner as being really verified by their unparalleld exorbitances formentioned but to vindicate the Innocency Integrity of the Majority and secluded Members of both Houses against the scandalous printed aspersions of Militiere and other Papists to preserve and justifie the Honour of our Reformed Religion and of the most zealous Professors thereof to restore re-establish if possible the Priviledges the Freedom of all Future Parliaments much impaired endangered by their heady violent Proceedings and most pernicious Presidents to Posterity if not publikely abominated exploded by them or exemplarily punished to deterr all others from their future imitation to convince them by what Jesuitical Popish old Court-Principles Counsels Practises they have hitherto been misguided and to reclaim them as much as in me lieth for the future from the like destructive Practises for the publick Safety Peace Settlement of our distracted Kingdoms and do most earnestly beseech them as they are English-men Souldiers Christians seriously to repent of and lay to heart lest they perish eternally for them at last as likewise to take heed lest by teaching and instigating the Common Souldiers of the Army to suppresse oppresse betray the Parliament Kingdom People who raised payed and entrusted them only for their safeguard and defence they do not thereby instruct and encourage them at last to betray and destroy themselves it being a true observation of Seneca the Philosopher Aliquando Tyrannorum praefidia in ipsos consurrexerunt PERFIDIAMQVE ET IMPIETATEM ET FERITAREM ET QVICQVID AB ILLIS DIDICERANT IN IPSOS EXECRERVNT Quid enim potest ab eo quisquam sperare QVEM MALVM ESSE DOCVIT Non diu paret nequitia nec quantum jubetur peccat as we have seen by many late presidents So the Army-Officers Souldiers Great Successes in all their Wars Designs and forcible ill Proceedings against the King Parliament Kingdom Government Laws and Liberties as it hath caused them not only beyond their Professions but also beyond their first Intentions Commissions Protestations to forget that Gospel-precept given to Souldiers Luke 3. 14. to advance themselves to a more absolute Soveraign arbitrary Power over them than ever any Kings of England claimed or pretended to as their late Proceedings Remonstrances and transcendent Instrument of the Government of the three Kingdoms manifest so it hath been the principal Ground whereby they have justified all their unpresidented forementioned Exorbitances as lawfull commendable Christian and that which hath struck such a stupifying pannick fear such a stupendious cowardize baseness sottâ—shness into the Generality of the Nobility Gentry Ministery and Commons of our late most heroick English Naton that there is scarce a man to be found throughout the Realm of any Eminency though we should seek after him like Diogenes with a Candle that dares freely open his mouth against their most irregular illegal violent destructive arbitrary Proceedings Usurpations Innovations Oppressions Taxes Projects to the shaking and utter subverting of our ancient Fundamental Laws Liberties Rights Properties Parliaments Parliamentary priviledges Government and taking away of the very Lives of some and thereby endangering the Lives of all other English Freemen of all Degrees in mischristened High Courts of Justice Such a strange Charm is there in Success alone to metamorphise Men into meer temporising slavish sordid sotts and beasts yea to cause not only persons truly honourable but the very Devil himself and the worst of beasts to be wondred after applauded adored not only as Saints but Gods We read Rev. 13. of a Monstrous deformed BEAST to whom the Dragon the Devil gave his Power Seat and Great Authority whereupon all the world wondred after the Beast and worshipped not onely the Dragon that gave him power but the Beast likewise saying Who is like unto the Beast WHO IS ABLE TO MAKE WAR WITH HIM And there was given unto him a Mouth speaking Great things and blasphemies and power was given him to continue and make war forty and two months And power was given unto him to make war with the SAINTS AND TO OVERCOME THEM and power was given him over all Kindreds and Tongues and Nations And HEREVPON IT FOLLOWS all that dwell upon the earth shall worship him whose names are not written in the Lambs Book of Life And another Beast under him caused the earth and all that dwell therein to set up the Image of this Beast and to worship it and he
caused all both small and great rich and poor free and bond to receive the maâ—k of the Beast in their right hand and in their foreheads and none might buy or sell but he that had this mark and as many as would not worship this Beasts Image were ordered to be killed Yet this Blasphemous Beasts reign and power continued but forty two Months Rev. 13. 5. This Beast in the height of his Power and Victories was by God himself threatned to go into captivity and be killed with the Sword as he had led others into captivity and killed them with the Sword ver 10. All his followers and worshippers shall soon after drink of the wine of Gods wrath and be tormented with fire and brimstone c. Rev. 14. 9 10 11. The Saints at last shall get the victory over this Beast Rev. 15. 2. And the Beast himself notwithstanding all his former Victories Friends and great Armies was at last taken and his false Prophet with him and were both cast alive into a lake burning with fire and brimstone and all his Forces were slain with the Sword and the fowls were filled with their flesh Rev. 19. 18 19 20 21. From which Texts I have frequently silenced confounded some of our conquering Army-Officers and Souldiers whiles prisoner under them when they were vapouring of their Great Victories Successes and concluding from thence both their Saintship and the Goodness of their Actions saying oft-times like the Beasts followers here Who is able to make war with us And that with these genuine deductions from these Texts which they could not reply against worthy all Souldiers and others saddest meditations 1. That God may nay oft-times doth give great power to the very worst and most blasphemous of all Men and Beasts that not only over one or two but many Tongues Nations as in this Text and Dan. 7. 3 to 29. c. 8. 4. to 27. 2. That such Beasts many times may and do not onely make war with but even overcome the very Saints themselves in battel as the Babylonians Assyrians and other ungodly Beasts did the Israelites Gods own Saints and People Psa 79. 1 2 c. Dan. 7. 21 23 24 25. Isa 10. 5 c. c. 14. 16 17. Jer. 26. 6 7 8. c. 25. 9. c. yet they were but blasphemous Beasts and wretches still not Saints 3. That if such Beasts have but Great Power and Success in their Wars Enterpriâ—es against their Enemies or the Saints themselves though their mouths utter blasphemy against the God of Heaven his Name Tabernacle Saints though their Actions Designs be never so impious atheistical treasonable detestable their power but short and fading yet whiles they are in Power and Prosperity the whole world will wonder run after worship flatter Saint Deifie and Adore them for Gods as Alexander the Great and Julius Caesars friends flatterers did them and some wicked Popes Favourites them too yea set up and worship their very Images receive their marks in their hands foreheads and extol them to the skies saying Who is like unto the Beast who is able to make war with him 4. That such adulatious Speeches Vaunts Practises as these and such Arguments of Saintship of the Goodnesse of mens causes undertakings actions only from their present Power Victories and Successes are the arguments practises of worldly earthly beastly men of worshippers of the Beast and Dragon of Assyrians Turks Popes not of the Elect real Saints of God Whose names are written in the Lambes Book of life who will neither flatter worship nor adore such Beasts nor receive their marks in their hands or fireheads though they be prohibited to buy or sell or slain for refusing it by their Instruments Rev. 13. 8 15 17. Dan. 3. 12. to 29. 5. That such Beasts in power will never want under-Beasts and Instruments nor yet false Prophets to perswade or enforce Obedience and Subjection to them even by dis-franchisements death lying wonders flattering Prophecies Speeches Sermons and Hypocritical Mock-fasts 6. That the Power and Dominion of such Beasts is given and derived to them immediatly by the Dragon the Prince of the power of the Air only by Gods permission not his approbation Rev. 13. 2. Hos 8. 4. 2 Thess 2. 4 8 9. And that in wrath for the punishment of the Peoples sins and destruction greater condemnation of the beasts themselves at last Hos 13. 11. Rev. 13. and 14 and 19. Psal 94 23. Ier. 51. 24 c. c. 5 â— throughout Hab. 2. 6 7 8. 7. That this their Dominion Raign and Triumph is commonly very short like this Beasts here for forty two Months Rev. 13. 5. which is but three years and an half Julius Caesar that great first Conqueror of this Island and a great part of the World usurping the supream Power over the Roman Senate and changing the Government lived only FIVE MONTHS A SOVERAIGN LORD IN PEACE though some compute his whole dominion 3 years and 7 months and then was suddenly stabbed to death in the Senate-House by those friends in whom he reposed greatest trust for his Tyrannical Usurpations and alteration of their former Government for endeavouring as was suspected to make himself KING OF THE ROMANS though he rejected the Title of King when offered unto him by M. Antonius saying That Jove was only King of the Romans that so he might seem to be compelled to receive it by the people being their King before in deed though not in name and for saying That the Commonwealth was but a Voice or Name without a Body or Substance Nullum violentum est diuturnum See Isa 10 and 14. Iob. 20. 4 5 c. Psal 37 and 73. Psal 92. 6 7. Isa 17 13 14. 2 Chron. 23. and Sir Walter Rawlies Preface to his History of the World worthy serious perusal by the Grandees of these times 8. That in conclusion such Conquering Usurping Beasts notwithstanding all their Power Friends Followers Confederates Armies Policies are usually conquered taken slain on Earth and cast into the Lake burning with fire and brimstone for ever for their Tyrannies Blasphemies Bloodsheds Oppressions of the People and Gods Saints and their Confederates Armies false Prophets followers adorers destroyed with them even on earth and then made to drink the Cup of Gods wrath fury and torments for ever in hell Isa 10 and 14. Jer. 50. and 51. Rev. 19. 19. 20 21. c. 6. 15 16 17. 9. That though they continue Conquerors and victorious for many years and conquer not only one two or three but many Kings and Kingdoms cut off not only the thumbs of their Kings that they might not lift up a Sword against them and their great toes that they may not run from them but their Heads too Yet God at last in his retaliating Justice doth usually pay them home in their own coyne as is evident not onely by Bajazet the Turkish Emperour our King Penda who slew no lesse
than 5. Christian Kings in several battles took sundry other Kings prisoners and at last was slain himself with all his old victorious Captains and Souldiers by King Oswi and a small despicable Army of raw Souldiers not half so many as they Ann. 655. who thereupon seized on his Kingdom and others in prophane Stories but by that memorable History of Adonibezeck who after his Conquest of no less than seventy Kings who ever in this latter age conquered one quarter so many and tyrannizing over their persons was by a small party of Judah and Simeon fought with on his own dung-hil his victorious old Army totally routed ten thousand of them slain himself forced to fly pursued and taken prisoner by these contemptible Enemies who cut off his thumbs and his great toes Whereupon Adoni-bezek though an idolatrous Canaanite used these memorable words worthy all Conquerours and Tyrants memorial recorded by God himself to all Posterity Iudges 1. 7. Threescore and ten Kings having their thumbs and their great toes cut off have gathered their meat under my table like so many Dogs rather than Kings AS I HAVE DONE SO GOD HATH REWARDED ME and they brought him Prisoner to Ierusalem and there he died See the like retaliation threatned inflicted Hab. 2. 6 7 8. Isa 33. 1. Dan. 7. 23. to 27. Obad. 15. Ezech. 35. 5 6 15. Rev. 16. 5. 6. Ier. 51 and 52. Nah. 3. 1. c. Rev. 13. 10. Ioel 3. 6 7 8. Deut. 32. 43. Isa 10. 14. 2 Chron. 22. 10. compared with c. 23. 12. to the end 10. That the Elect Saints of God do by faith in the Word of God and upon consideration of the usual Providence and Justice of God towards such Beasts and bloody Conquerors most assuredly see their downfall and with patience expect it Rev. 13. 9 10. If any man have an ear let him hear HE THAT LEADETH INTO CAPTIVITY SHALL GO INTO CAPTIVITY HE THAT KILLETH WITH THE SWORD MVST BE KILLED WITH THE SWORD Here is THE PATIENCE AND THE FAITH OF THE SAINTS O that we had this Patience and Faith within us now 11. That upon this Faith and Assurance the true Elect Saints of God neither will nor do nor dare to admire after follow worship or adore such Bâ—asts or their Image nor receive their marks in their hands or foreheads though all the world else readily do it without opposition enduring patiently rather to be warred upon killed secluded from buying or selling any thing then unchristianly to adore subject or enslave themselves unto them Rev. 13. 2 15 17. Esther 3â— 1 to 7. 2 Kings 3. 13 14. Iohn 10. 4 5. Dan. 3. 4. to 30. 1 King 19. 18. 2 Chron. 11. 13. to 18. Which serious seasonable considerations as they should daunt the hearts and allay the high Presumptious Spirits of the most Successfull Conquerors Powerfull Usurpers over and violent Invaders of the Liberties Lives Estates Rights Properties of their Lawfull Superioâ—s or Christian Brethren and all Subverters of the Laws Priviledges Parliaments Government of their Native Country especially against their Oathes and Trusts So the Meditation on them together with the contemplation of the infinite Power Wisdom Faithfulness Iustice Holiness Presence and gracious Promises of God have at all times and seasons hitherto invincibly animated steeled fortified my Soul in the midst of all my sufferings both under the domineering Prelates Parliament-assaulting Army-Officers the late Tyrannical cashiered Republicans and all other self-created oppressing Powers which if not already dead and buried in the dust with all their thoughts and high aspiring Projects yet shall certainly die ere long like men and become us dung yea they have enabled me by Faith and Patience to be more than a conquering triumpher over them and to sing aloud with magnanimous David a man after Gods own heart long before their down-fall Psal 27. 1 2 3. The Lord is my Light and my Salvation whâ—m shall I fear The Lord is the strength of my life of whom shall I be afraid When the wicked even mine enemies and my foes came upon me to eat up my flesh they stumbled and fell Though an Host should encamp against me as they did at Westminster at my House and in sundry Garrisons where I was a Prisoner under Souldiers my heart shall not fear though war should rise against me in this I will be confident I will not be afraid of ten thousands of people that have set themselves against me round about And to cry out in Pauls words of defiance against all Enemies and Perils in the cause of my God and Country uttered in his own and all true Elected Saints names Rom. 8. 35 c. Who shall separate us from the love of Christ or our Native Country as well actively as passively considered Shall tribulation or distress or persecution or famine or peril or SWORD of an whole Army or other Powers Nay in all these things we are more than Conquerors through him that loved us For I am perswaded that neither death nor life nor Angels nor PRINCIPALITIES NOR POWERS nor things present nor things to come nor height nor depth nor any other creature shall be able to separate us from the love of God which is in Christ Iesus our Lord. And to say with him in all threatned Dangers for my sincere conscientious publick Services Act. 20. 22. 24. And now I go bound to Jerusalem not knowing the things that shall there befall me save that the Holy Ghost witnesseth in every City saying That Bonds and Afflictions wait for me But none of these things move me neither count I my life dear unto me so â—s I may finish my course with joy and the Ministery which I have received of the Lord Iesus c. And verily me thinks the serious contemplation thereof and of all the premises with that of 2 Sam. 10. 12. Isa 51. 12. 13. Ier. 1. 8. Ezech. 2 2 to 6. Matth. 10. 26. 28 coupled with Psal 11. 2. If the foundatiâ—ns be destroyed what can the righteous do Prov. 24. 22 23. My Son fear thou the Lord and the King AND MEDDLE NOT WITH THOSE WHO ARE GIVEN TO CHANGE For their calamity shall rise suddenly which we have seen verified in many late Changers Mock Parliaments and self created new Powers and whâ— knoweth the ruine of them both should now at last banish all base carnal fears out of all timerous hearts rouse up the languishing fearfull dead stupid Spirits of our degenerated English Nation and engage them all unanimously undauntedly to claim vindicate regain re-establish those ancient undoubted Hereditary Fundamental Rights â—iberties Priviledges Franchises Laws Government purchased with their Ancestors their own dearest Blood sweat Treasures which belong to the whole Kingdom to all true English Parliaments Freemen in general and to every of them in particular whereof they have of late years been forcibly disseised or â—ypocritically cheated by pretended Patrons Preservers and Propuguers of them the
Parliaments Titles Priviledges and Powers too of late and dispose of reject suppress them at their pleasure let themselves the whole Nation with all in present power in the fear of God most seriously consider without passion or affection before it be over-late 4. That the Oathes of Supremacy and Allegiance which all Members of Parliament ought by Law to take before they can sit or vote as Members specially made and prescribed by our most wise zealous Protestant Parliaments to prevent the Treasonable plots and designs of Popes Iesuites and Papists against our Protestant Princes Realms Parliaments Religion though confirmed by many Statutes and containing in them only the Declaration of such a Duty as every true and well-affected Subject not only by the bond of Allegiance but also by the COMMANDMENT OF GOD ought to bear to the King his Heirs and Successors and none but persons infected with Popish Superstition formerly oppugned as the Prologue of the Statute of 7 Iacobi c. 6. positively resolves have by late State innovators not only been discontinued suspended but declaimed against and repealed as much as in them lay as VNLAWFUL OATHS the old Lawes against Iesuits and Popish Seminaries discontinued abrogated or coldly executed The New Oath for abjuration of Popery with all Bills against Iesuites and Papists presented to the late King by both Houses the last Parliament and by him consented to in the Isle of Wight wholly laid aside and quite buried in oblivion The Solemn Protestation League and Covenant prescribed by the last Parliaments taken by all the well-affected in all the 3 Kingdoms to prevent the dangerous plots of Papists Iesuites and our common enemies to destroy our Religion Churches Realms Government Parliaments Laws Liberties quite antiquated decâ—ied detested and a New Engagement forcibly imposed under highest penalties and disabilities upon all men diametrically contrary to these Oaths Protestations and Covenants which have been by a new kind of Papal power publickly dispenced with and the people absolved from them to become sworn Homages to other new self-created Lords and Masters And are not all these with the late Proclaimed Universal Toleration and Protection of all Religions to considerate zealous Protestants strong Arguments of the Jesuites Predominancy in our late counsels transactions and changes of publike Government 5. That the Notion of THE PRESENT GOVERNMENT in my weak apprehension derived its original from the Iesuites late-invented PRESENT CHURCH the onely Supream Power and Judge of Controversies which all men must submit unto by a meer absolute blind Obedience and implicit faith without dispute by their determination as they must do by a like Iesuitical blind obedience newly taught and obtruded on us to that present Republican Government and new Optimacity and Popularity lately set up instead of our Monarchy Which two forms of Government and want of a King and Monarchy as they are the punishment of a peoples Sins and the Transgressions of a Land by Gods own resolution not a Mercy Hosea 10. 3. c. 1. 4. Ier. 18. 7. Prov. 28. 2. Ezâ— 19. 14. Lam. 4. 20. c. 5 7 8 12. so they were the inventions of Factious Grecians at first wâ—ch put all their Cities into Combustions fury frenzy and civil wars against each other to their utter overthrow in conclusion witness these verses of Heniochus a Greek Comedian Tum geminae ad illas accesserunt Mulieres TITAS QUAE CUNCTA CONTURBARUNT OPTIMAEst nomen alteri alteri POPULARITAS RUNT Quarum incitatis PRIDEM EXTERNATAE FUâ— So the Iesuits Parsons Campanella Car. Richelieu designed to introduce set them up among so us in Engl. Scotl. and Ireland of purpose to divideâ— destroy us by civil wars and combustions and bring us under their Jesuitical power at last as the marginal Authorities declare to all the world And if this be undeniable to all having any sence of Religion Peace or publick Safety left within their brests is it not more than high time for us to awake out of our former lethargy fordid selfish stupidity to prevent our ruine by these and other forementioned Jesuitical practises Of can any Englishman or real Parl. be justly offended with me for this impartial discovery of them Or for my endeavours to put all the dislocated Members and broken bones of our old inverted fundamental body Politick into their due places joints and postures again without which there is no more possibility of reducing it to its prâ—stine health ease settlement tranquility prosperity or of preserving it from perpetual pain inquietation consumption and approaching death than of a natural body whose principal members continue dis-joynted and bones broken all in pieces as all prudent State-Physicians must acknowledge These five Considerations together with the Premises will I presume sufficiently wipe off all the malicious scandalous Imputations which Militiere and other Papists have injuriously cast upon the Principles and chief Professors of our Reformed Religion in relation to the late exorbitant Proceedings against the King Parliament the publike Revolutions Confusions Ataxies both in our Church Kingdoms and retort them on the Iesuitical Papal seditious Treasonable Antimonarchical Principles and Professors of their Religion especially the Iesuits and French Cardinals Militiere his late Lords and Masters the original Contrivers and chief clandestine Promoters of them as every day more and more discovers to the world And withall abundantly justifie this my undertaking impartial discovery of Jesuitical plots to ruin our Church Religion Kingdoms Parliaments Laws Liberties Government against all malicious Enemies Accusers Maligners whatsoever before all the Tribunals of God or Men where I shal be ready to justifie them upon all occasions In perpetual testimony whereof I have hereunto set my Hand and by Gods Grace shall ever be ready to seal them and the truth of God with my blood if called out to do it Swainswick Aug. 12. 1654. William Prynne A Seasonable Legal and Historicall VINDICATION and Chronologicall Collection of the good Old Fundamental Liberties Franchiseâ— Rights Laws of all English Freemâ—n their best Inheritance Birth-right Security against all Arbitrary Tyranny Aegyptian Slavery and Burdens of late years most dangerously undermined oppugned and almost totally subverted under the specious feigned Disguise of their Defence Enlargement and future Establishment upon a sure Basis IT is an universall received Principle and experimentall truth beyond all contradiction That no naturall structure no artificial building no Civil or Ecclesiastical Corporation Realm Republike Government or Society of men no Art or Science whatsoever can possibly be erected supported established preserved or continued in their being or well-being without FOVNDATIONS Whereon as they were at first erected so they must necessarily still depend or else they will presently fall to utter ruine Hence it is to wave all Humane Authorities in so clear a verity that in Gods own sacred unerring word of Truth we finde frequent mention of the naturall
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 deserâ—â—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
and alterations to Prince and State If the Histories of those Eastern Countries be perused where Princes order their affairs according to the mischievous Principles of the Earl of Strafford Loose and absolved from all Rules of Government they will be found to be frequent in combustions full of Massacres and the tragical end of Princes If any man shall look into our own Stories in the times when the Laws were most neglected he shall finde them full of Commotions of Civill distempers whereby the Kings that then raigned were alwaies kept in want and disresse the people consumed with CIVIL WARS and by such wicked Counsels as these some of our Princes have been brought to such miserable ends As no honest heart can remember without horrour and earnest Prayer that it may never be so again 3. As it is dangerous to the Kings Person and Crown so it is in other respects very prejudiciall to his Majesty in honour profit and greatnesse which he there proves at large as you may there read at leisure and yet these are the Guildings and Paintings that are put upon such Counsels These are for your Honour for your Service 4. It is inconsistent with the Peace the Wealth the Prosperity of a Nation It is destructive to Justice the mother of Peace to Industry the spring of Wealth to Valour which is the active vertue whereby the Prosperity of a Nation can onely be procured confirmed and enlarged It is not onely apt to take away Peace and so intangle the Nation with Wars but doth corrupt Peace and pours such a Malignity into it as produceth the effects of Warre both to the NOBILITY and others having as little security of THEIR PERSONS OR ESTATES in this peaceable time as if the Kingdome had been under the fury and rage of Warre And as for industry and valour who will take pains for that which when he hath gotten is not his own or who fights for that wherein he hath no other interest but such as is subject to the will of another c. Shall it be Treason to embase the Kings Coyne though but a piece of twelve pence or six pence and must it not needs be the effect of greater Treason to embase the spirits of his Subjects and to set a stamp and character of Servitude upon them whereby they shall be disabled to do any thing for the service of the King or Common-wealth 5. In times of sudden danger by the Invasion of an Enemy it will disable his Majesty to preserve himself and his Subjects from that danger When war threatens a Kingdome by the coming of a Forraign Enemy it is no time then to discontent the people to make them weary of the PRESENT GOVERNMENT and more inclinable to a change The supplies which are â—o come in this way will be unready uncertain there can be no assurance of them no dependance upon them either for time or proportion And if some money be gotten in such a way the distractions the divisions distemperâ— which this course is apt to produce will be more prejudicial to the publike safety than the supply can be advantagious to it 6. This crime is contrary to the Pact and Covenant between the King and his People by mutuall agreement and stipulation confirmed by OATH on both sides 7. It is an Offence that is contrary to the ends of Government 1. To prevent Oppressions to limit and restrain the excessive power and violence of great men to open passages of Justice with indifferency towards all 2. To preserve men in their Estates to secure them in their Lives and Liberties 3. That Vertue should be cherished and Vice suppressed but where Laws are subverted and Arbitrary and unlimited power set up a way is open not onely for the security as now of all heresies but for the advancement and incouragement of eviâ—l Such men as are â—ptest for the execution and maintenance of this power are onely capable of preferment and others who will not be Instruments of any unjust Commands who make Conscience to do any thing against the law of the Kingdome and liberties of the Subject are not onely not passable for imployment but SVBJECT TO MVCH JEALOVSIE and DANGER Is not this their condition of late and present times even in Parliament Members themselves as well as others secured secluded kept close prisoners perforce for making Conscience of doing nothing against the Laws and Liberties of the Kingdom and their Oaths and Covenants too and refusing to comply with usurping Innovators in all their self-seeking extravagancies and Treasons expertus loquor 4. That all accidents and events all Counsels and Designes should be improved for the publique good But this arbitrary power is apt to dispose all to the maintenance of it self And is it not so now 8. The Treasons of subversion of the laws violation of Liberties can never be good or justifiable by any circumstance or occasion being in their own nature how specious or good soever they be pretended He alledgeth it was a time of GREAT NECESSITY and DANGER when such Counsels were necessary FOR THE PRESERVATION OF THE STATE the Plea since and now used by others who condemned him If there were any NECESSITY IT WAS OF HIS OWN MAKING He by his evill Counsell had brought the King as others the Kingdome since into a Necessity and by no rules of Justice can be allowed to gain this advantage to his Justification which is A GREAT PART OF HIS OFFENCE 9. As this is Treason in the nature of it so it doth exceed all other Treasons in this that in the Designe and endeavour of the Authour it was to be A CONSTANT and PERMANENT TREASON a standing perpetual Treason which would have been in continual Act not determined within one time or age but transmitted to Posterity even from Generation to Generation And are not others Treasons of late times such proclaimed such in and by their own Printed papers and therein exceeding Straffords 10. As it is odious in the nature of it so it is odious in the Judgement and estimation of the Law TO ALTER THE SETLED FRAME and CONSTITUTION OF GOVERNMENT IS TREASON IN ANY ESTATE Let those consider it who are guilty of it in the highest degree beyond Strafford Canterbury or the Ship mony-Judges in our own State The Laws whereby all parts of a Kingdome are preserved should be very vain and defective if they had not a power to secure and preserve themselves The Forfeitures inflicted for Treason by our Law are of Life Honour and Estate even all that can be forfeited and this Prisoner although he should pay all these Forfeitures will still be a Debtor to the Common-wealth Nothing can be more equal than that he should perish by the Justice of the Law which he would have subverted neither will this be a New way of blood There are marks enough to trace this Law to the very Original of this
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 Writâ— 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 PERNIâ—IOUS DESIGN TO SUBVERT THE FUNDAMENTAL LAWS and PRINCIPLES OF GOVERNMENT upon which the JUSTICE OF THIS KINGDOM WAS FORMERLY ESTABLISHED as proceeding from JESUITED COVNSELS BEING MOST ACTIVE and PREVAILING yea for AN UNJUST and PERNICIOVS ATTEMPT TO EXTORT GREAT PAYMENTS FROM THE SUBJECTS Which was to be accompanied as now it is with Billited Souldiers in all parts of the Kingdom and the concomitant of German as now of English HORSE That the LAND MIGHT EITHER SUBJECT WITH FEAR or BE ENFORCED WITH RIGOVR TO SUCH ARBITRARY CONTRIBUTIONS AS SHOVLD BE REQVIRED OF THEM And when some rumours were first spread abroad that the COMMONS HOVSE INTENDED TO LAY EXCISE UPON PEWâ—ER AND OTHER COMMODITIES they were so sensible of the injustice and odiousness thereof that they thereupon published a special Declaration printed 8 Octob. 1642. Exact Collection p. 638. wherein they not only disclaim renounce any such intention but branded those Reports and Rumours for FALSE and SCANDALOVS ASPERSIONS raised and cast upon the House BY MALIGNANT and ILL-AFFECTED PERSONS TENDING MUCH TO THE DISSERVICE OF THE PARLIAMENT and Ordered That the AVTHORS OF THEM should be inquired aftèr apprehended and brought to the House TO RECEIVE CONDIGNE PUNISHMENT After which this Excise being notwithstanding this Disclaimer and much publick private opposition against it set on foot by some swaying Members upon a pretence of necessity for support of the Army to the great Oppression and Discontent of the People The Generall and general Council of Officers and Souldiers of THE ARMY themselves were so sensible of this illegal oft-condemned New grievance that in the Heads of their Proposals and particulars of their Desires in order to the clearing and securing of the Rights and Liberties of the Kingdom tendred to the Commissioners of Parliament residing with the Army the first of August 1647. printed in their Book of Declarations p. 118 published by their own and the Lords House special Order they â—ade this one principall Desire to the Parliament That the EXCISE may be taken off from such Commodities whereof the poor of the Land do ordinarily live and A CERTAIN TIME TO BE LIMITED FOR TAKING OFF THE WHOLE Yet notwithstanding all these Judgements and Out-cryes against it some of those very persons who thus publickly branded it both in the Parliament House and Army by irregular paper Ordinances as they intitle them dated 24 December 1653. March 17. 1653. and May 4. 1654. have by their own Self-derived supertranscendent Authority without yea against the Peoples consents or any Authority from Parliament imposed continued Excise upon our own Inland and Forreign Commodities in very high proportions from the twenty fourth of March 1654. till the twenty fourth of March 1655. And which is most observable prescribed it to bee levied by putting the Parties to an EX OFFICIO OATH against themselves by Fines Forfeitures SEQVESTRATIONS and SALES OF THE REFUSERS OPPOSERS PERSONAL and REAL ESTATES DISSTRESSES BREAKING UP OF THE PARTIES HOVSES SEISVRES OF THEIR GOODS IMPRISONMENT OF THE PERSONS OF ALL SUCH WHO SHALL HINDER OR OPPOSE THE MINISTERS OR OFFICERS IMPLOYED IN LEVYING or distraining for the same BY LOCKING UP THE DOORS or OTHERWISE And by these their unparalleld Edicts they further order That the Officers of Excise BOTH DAY AND NIGHT shall be permitted free entrance into ALL ROOMES and PLACES WHATSOEVER THEY SHALL DEMAND in Brewers Sope-boylers and others Houses under pain of forfeiture of fifty pounds for every refusal by colour whereof all mens Houses may be robbed plundered and their throats cut by Theeves and Robbers pretending themselves Excise-men Souldiers authorised to make such Searches as many of late have been And they with all their assistants shall bee kept indenspnified in
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
814 8â—6 826 827 832 902 904 to 920. A Collâ—ction of Ordinances p. 267 313 354 424. l See Putâ—â—y Projects the History of Independâ—ncy and Armies Declarations Papers Proposals printed together London 1647. * De Monarchia Hisp c. 25 27. An Excellent coveâ—y of 〈◊〉 stable asonakle 〈◊〉 and 〈◊〉 * No◠〈◊〉 date * Hospinian Hist Jesuit l. 4. m Quando eorum malitia hoc exigit Reipub. vel Ecclesiae NECESSITAS sic requirit Speculum Jesuiticum p. 168 169 170. Mercure Jesuite Part. 1. p. 884 885. Alfonsi de Vargas Relatio c. â— 55. n See theiâ— Remonstrance from Sl. Albans 16 Nov. 1648 and Decem. 7. with other Papers * Attributed to â—ne Jesuite Tresham * See Watsons Qâ—â—libets P. 295. c. * Alphonsi de Vargas Relatio c. c. 55. Speâ—ulum Jesuiticum p. 162 163. * Hospinian Hist Jesuitica l. 3. o Hist Gallica â—elgica l. â— p. 126. Speculum Jesuiticum p. 46. Hospinian Hist Jesuitica l. 3. â— 159. p See Speculum Jesuiticum and the General History of France in H. 3. Hospinian Hist Jesuitica l. 3. f. 151 152. q Speculum Jesuiticum p. 75. r See the General History of France in the life of Henry 4. and Lewis 13. Speculum Jesuiticum p. 77 80 126 235. Hospinian Hist Jesuitica l. 3. p. 153 to 158. * Speculum Jesuiticum p. 80 81. Hospinian Hist Jesuitica l. 3. f. 156 157. * Hospinian Hist Jâ—su l. 3 â— 157 158. * See the General History of France in Hen. 4. and Lewis 13. Dr. John Whites Defence of the â—â—â—y c. 10. p. 46. Å¿ See Grimstons History of the Netherlonds p. 764. Thuanus l. 79. p. 186. Speculum Jesuiticum p. 60 61. * De Monarch Hisp â— 27. p. 258. * Chron. Belgiae Tom. 1. p. 719. Tom. 2. p. 97. Meteranus l. 17. p. 575. Hospinian Hist Jesuitica l. 3. f. 205. t Speculum Jesuiticum p. 127. v See Speed and Cambden in her life Bishop Carletons Thankful Remembrance of Gods Mercy London 1624. x Hospinian Hist Jesuitica Speeds History p. 1181. Cambden Stow Holinshed in the Life of Queen Elizabeth Speculum Jesuiticum p. 73. * See Watsons Quodlibets y See Speeds Hist p. 1240 1242 1243. John Sâ—ow and How 1 Jac. z Cook 3 Inâ—â—itutes p. 7. and Calvins Case 7â— Report f. 10 11. 1 Jac. c. 1. * See Fox Holinshed Speed 1 Mariae a See 3 Jac. c. 1 2 4 6. Speeds History p. 1250 to 1256. The Arraignment of Traytors with others Prayers for the 5 of November Hospinian Hist Jesuitica l. 3. f. 163 to 170. b Speeds Hist p. 1242. The Arraignment of Traytors and M. John Vicars History of the Gunpowder Treason * See Militiere his victory of Truth 1654. dedicated to the King of Great Brittain c See my Epistles to Jus Patronatus and Speech in Parliament Nota. * In his Victory of Truth 1654. p. 15 18 24 25 26 27. * Vpon which ground many of them have since solemnized the 30 of January instead of November 5. * See Militiere his Victory of Truth p. 4 to 50 * Jer. 5. 31. d Romes Master-piece p. 8 18 19. * Romes Master-piece p. 8 to 22. c The Victory of Truth Anno 1653. * Hospinion Hist Jesuitica l. 3. f. 214. l. 4. f. 264. * Printed by it self and at the end of my Speech in Parliament * See An Apologetical Declaration of the Province of London c. Jan. 24. 1649. f Page 5 7. 8 18 33 39. c. g See my Speech in Parliament and Memento The Epistle to my Jus Patronatus Tho. Campanella De Monarchia Hisp 6. 25. * See the Declaration of the secluded Members The London Ministers and others Representation to the General and the second part of the History of Independency * To their General Officers even in unlawful acts against the Parliament King Kingdom * Hospinian Hist Jesuitica l. 3. Romes Master-piece h Jubilaeum five Speculum Jesuiticum Epigramma i Hasen mullerus Hest Jesuit c. 1. Speculum Jesuiticum p. 61. k Exact Collection p. 12. 10 20 97 98 106 108 207 461 to 465. 491 492 498 508 574 616 631 to 670. 812 to 828 832 834 849 890 to 918 651 652 653. a Relatio de Sâ—ratogematis Sophismatis Jâ—suitarum c. 4 6 7. a Rom. 10. 15 b Rom. 15. 33 Heb. 13 29. c Isai 9. 6. d Mat. 26. 52. e Isai 2. 4. Mica 4. 3. f Cap. 7. p. 47 and c. 23. p. 132. g See Hospinian Historia Jesuitica l 4. f. 212 213 214. and l. 3. throughout Thuanus Hist l. 4. h Genevae 1620. * Yet these plead for a Toleration among us and enjoy it Nota. i Richardi Dinothi Historia de pello Civili Gallico l 6. p. 151. c. The General History of France p. 778. 779 Hospinian Historia Jesuitica f. 149. 150 Thuanus Historia l. 63. k Dinothus Peter Mathew Thuanus General History of France Meteranus and others l Speculum Jesuiticum p. 92. m Meteranus Historia l. 23. Speculum Jesuit p. 100. n See Hâ—spinian Historia Jesuitica l. 3. f. 160. 161. 162 o Hidden Workes of darkness brought to publique light Romes Master-peece Conterburies Doome p Exact Collect. p. 651 652. 662. 668. 813. to 832. 902. to 920. q The Royal Popish favourite p. 58 59. Hidden workes of darkness brought to light p. 198. r The Royall Popish favourite p. 58. 59. Hidden workes of darkness p. 198. Nota * Exact Collect. p. 12 13. s Hidden workes of darkness brought to publique light p. 189. to 199. and Romes Master-Peece t See the Kings declaration concerning that Treaty Hidden workes of darkness * Speculum sive Jubilaeum Jesuiticum u Hidden workes of darkness p. 225. 226. Canterburies Doom p. 459. Nota. * See Bellarmin de Noâ—is Eccl. Nota. 15. x Speculum five Jubilaeum Jesuiticum p. 220. to 224. y See Hidden works of darkness brought to publike light p. 219. to 250. The Rise and Progress of the Irish R. bellion and others z Hidden works of darkness p. 243. * Hidden workâ— of darknes p. 226. * Exact Coll. p. 662 666 813 to 832. A Collection of Ordinances p. 267 318 354 424 and the History of Independency * See Tho. Campanella de Monarchiâ— Hisp c. 25 27. * See the 27 Article of the Instrument of Government * Exact Coll. p. 3 4. 461 462 491 497 498 917 631. * Is not ours so â—ow * See the New Government of the Common-wealth of England Artic. 25 26 32. 33 34. 41. * Alphonsi de Vaâ—gas Relatio cap. 5. * Speculum Jesuiticum p. 217 218 219. * See Joh. 10. 1. Ezech. 18. 5. to 14. Levit. 6. 1. 4. Job 20. 19 20 c. 24. 2. to 15 Obad. 5. Jer. 49. 9 10. * Alphonsi de Vargas relatiâ— c. c. 5. 7. see c. 2 3 16 18 19 56 57. Hospinian Historia Jesuitical 206 207. * Hidden works of darknesse brought to
publique light p. 203 204. * Exact Coll. p. 3 4 c. * Quere whether the High Court of Justice had not its title from hence * Stew Watsons Dialogue between a secular Priest and Lay Gentleman printed at Rhemes 160â— p. 95. * And is not this the cheif Reason of their late endeavoured alterations * And was not this the very principal engin lately used to alter our old Fundamental Government cut off the King and divest his Posterity of their three Kingdoms witnesse the Armies printed Declarations and the Junctoes Votes in pursuance of them Jan. 3. 1648. See Mene Tâ—kel Percz by John Rogers * A great stickler against our Laws and a promoter of this Jesuitical designe * This he hath since this Epistle penned affirmed in a printed speech in the Painted Chamber before a greater Assembly Sep. 4. 1654 p. 16 17. * The more shame for those who suffer it * Therefore of the army and others Rulers by this clear publike confession in print * Aâ— amongst other Eleazar and Joseph Bar Isaiah 2 cheating Impostors and Villains who bavecheated good people of some thousands of pounds The 1 of them would have for tibly ravished a maid in March last fled away in the night to avoid apprehension from Dursly in Glocestershire He confessed in his drink he was a souldier in Prince Ruperts army * 3 Jac. c. 1 2. The arraignment of traitors Speed Stow. 3. Jac. * Romes Master piece p. 8. c. 13 24. Hidden works of darknesse brought to publike light p. 189. 190. 196. 202. 211. 253 254. Exact Collection p. 12. 13. Canterburies Doom p. 453. c A Collection of Ordinances c. p. 831 832 833 851 852 858 869. d Hidden Works of Darkness c. p. 252 253 254. e See the Letter in the Appendix to my Speech in Parliament Relation of the Armies Proceedings against the Members The II. Part of the History of Independency Nota * See the Quakers unmasked 1 Eliz. c. 1. Eliz. c. 1. Jac. c. 1 2 3 7 Jac. c. 6. * My Imprisoners have lately professed to me that they knew not the cause why I was thus close imprisoned * See Causia the Jesuites Holy Court printed in Folio * T. P. the new Faux is first * See their Declarations Proposals and printed Papers 1647. 1648 1649 1652. since for that purpose * Qui tam facile receptas patrias leges cum novis aliis commutant certe legum ipsarum authoritalem debilitant atque enervant Necenim tantum legis abrogatio proderit quantum Magistratibus non obediendi mos oberit Aristotle Polit. l. 2. c. 6. Å¿ And since this in a Printed Speech Sept. 4 1654. * Hath not the Army done this in our three Nations See their own Chaplain Sedgewick his Justice on the Armies Remonstrance 1648. t The Monarchy of England hath been 1. In the Britons 2. in the Saxons 3. in the Danes 4. in the Normans Royal Line ' now the 5. must be elective in others v De Monarchia Hisp c. 25. See the Epistle to my Jus Patronatus x Art 1 2 12 25 32 33 41 42. * Luke 17. 21. Rom. 14. 17. 2 Pet. 1. 11. Col. 1 13. Heb. 12. 28. Rev. 12. 10. * Non abripit mortalia qui Regna dat coelestia Sedulius in hymno acrast de vita Christi Rex iste quinatus est non venit Reges pugnando superare sed moriendo mirabiliter subjugare Venit enim non ut regnet vivus sed ut triumphet occisus nec ut de aliis gentibus auro exercitum quaerat sed pro salvandis Gentibus pretiâ—sum sanguinem fundat Hujus pueri regnum non est de hoc mundo sed per ipsum regnatar in hoc mundo Ipse est enim Sapientia Dei quae dicit in Proverbiis Per me Reges regnant Tu enim regnum nullatenus habuisses nisi ab isto puero qui nunc natus est accepisses Claudius l. 1. in Matth. y A True State c. p. 13. z See Th◠〈…〉 a See â—hâ—ir Almâ—nâ—â—kâ— in Janurary February 〈…〉 a De Monarchia Hispanica c. 25. p. 204 c. * See 25 H. 8. c. 22. 31 H. 8. c. 4. 37 H. 8. c. 17. 1. Eliz. c. 3. * De Monarchia Hisp c. 25. b De Monarchia Hispan c. 25. c Seewatsons Quodlibets p. 286. to 332. A Dialogue between a secular Priest and Lay Gentleman printed at Rhemes 1601. p. 93 94 95. d Conte de Galeazzo Gualdo Priorato Hist part 3. Venetiis 1648. p. 175 176. * Et quidem quid refert an Mulieres Iesuitae praesint an hi qui praesunt mulieribus obedient Arist Polit. l. 2. c. 7. Nota. Nota. â—ota Nota. e Quodlib 3. ar 4. p. 65. 41. Nota. f Quodlibets p. 39. 209 233 234 305 306 307 30â— g Quodlibets p. 11 12 14 16 17 42 45 50 283 285 c 332 333. A Dialogue between a secular Priest a Lay Gentleman An. 1601. h Quodlibets p. 295 to 313 61 286 287 See the Right Jurisdiction of the Prelate and Prince by J. E. 1617 * See I. E. his Treatise of the Right and Jurisdiction of the Prelat Prince printed 1616. re-printed 1621 by the Jesuits i Quodlibets p. 26. k Quodlibets p. 62 69 and elsewhere l Quodlibets p. 43. 61 62 64. 16. * De Monarchia Hisp c. 32. p. 297 298. f Josh 9. 19 20. Psal 89. 34. Psal 15. 4. Heb. 6. 17 18. g When our Saviour himself was apprehended carried away prisoner and like to be crucified all his Disciples forsook him and fled and Peter denyed him with an oath Mat. 26. 56. 70. 10 75. And at Pauls first appearance before Nero no maÌ„ stood with him but all men forsook him I pray God it be not laid to their charge 2 Tim. 4. 9. 16. And so it is now with most publike sufferers * Zeph 2. 1. †Unusquisque majorem temporis sui parteÌ„ in rebus privatis curandis ponit Rempublicam nihil detrimenti ex hac sua negligentia capâ—re posse putat sed aliquam alium esse existimat qui Rempublicam curet ei pro setpso perspiciat Itaâ— cadem omnium privatorum opinionè Universam Rempublicam perdi non animadvèrtit Thucidides Hâ—st l. 1. pag. 110. * Exact Coll. p. 492. 497. 494. * Are they not now more ready to let it go then ever have not thousands done it h Exact col p. 650. 659. 660. Nota. * Nota. * Fraudes propemoduÌ„ omnes atque Injuriae ab Ambitione Avaâ—itia pâ—oficiseuntur Arist Polit. l. 2. c. 7. i See the Armies old new Declarations against the Parliam Members Their True state of the Commonwealth c. which mutato nominâ— is but a direct Arraignment of themselves under the name of others k Exact col P. 652. 654. 655 c. l See their declarations in May June Iuly Aug. 1647 in
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. intâ—râ—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 Graftoâ— Stow Martin Baker * And have not others of late assumed to themselves more Royal power than he resolved to be Treason by 21. â— 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. Peâ—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 â— 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