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 and Engagements herein in every particle in the highest Degree we cannot but with greatest grief of heart and detestation remember to the subversion â—uine of our King Lords Commons Kingdom Parliaments Fundamental 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 of repent and really sincerely reform it now at last and not still add drunkenness to thirst lest they bring them to temporal and eternal condemnation for it in Gods own due time and engender endless Wars Troubles Taxes Changes Confusions in our Kingdoms as they have hitherto done By this full Jury of Parliamentary Authorities to omit many others of like or a inferiour nature and less moment it is undeniable That the People of England have both ancient Fundamental Rights Liberties Franchises Laws and a Fundamental Government which like the Laws of the Medes and Persians neither may or ought to be altered violated or innovated upon any pretence but perpetually maintained defended with greatest care vigilancy resolution and he who shall still deny or oppugne it deserves no refutation by further arguments since it is a received Maxime in all Arts Contra Principia negantâ—â—â— non est disputandum but rather demerits a sentence of Condâ—â—nation and publike Execution at Tyburn as a common Enemy Traytor to our Laws Liberties Nation it being no less then 〈◊〉 transcendent Crime and High Treason by our Laws for any person or persons secretly or openly to attempt the 〈◊〉 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 b fifth year of King Richard the second the vulgar rabble of people and villains in Kent Essex Sussex Norfolk Cambridgeshire and other Countreys under the Conduct of Wat Tyler Jack Straw and other Rebels assembling together in great multitudes resolved by force and violence to abrogate the Law of villenage with all other Lawes they disliked formerly setled to burn all the Records kill and behâ—ad all he Judges Iustices and men of Law of all sorts which they could get into their hands to burn and destroy the Innes of Court as they did then the new Temple where the Apprentices of the Law lodged burning their Monuments and Records of Law there found to alter the Tenures of Lands to devise new Laws of their own by which the Subjects shold be governed to change the ancient Hereditary Monarchicall Government of the Realm and to elect petty elective Tyrannies and Kingdoms to themselves in every Shire a project eagerly prosecuted by some Anarchical Anabaptists Jesuits and Levellers very lately and though withall they intended to destroy the King to last and all the Nobles too when they had gotten sufficient power yet at first to cloak their intentions for the present they took an Oath of all they met Quod Regi communibus fidelitatem servarent that they should keep allegeance and faith to the King and Commons this their resolution and attempt thus to alter and subvert the laws government upon full debate in the Parliament of 5. R. 2. n 30 31. was declared to be High Treason against the King and against the Law for which divers of the chief Actors in this Treasonable design were condemned and executed as Traitors in several places and the rest enforced to a publike submission and then pardoned 2. In the a Parliament XL R. 2. as appears by the Parliament Rolls and printed Statutes at large three Privie Counâ—cellors the Archbishop of York the Duke of Ireland and Earl of Suffolk the Bishop of Exeter the Kings Confessor five Knights six Judges where of Sir Robert Trisilian Chief Justice was one Blake of the Kings Councel at Law Vsk and others were impeached and condemned of High Treason some of them executed as Traytors the rest banished their Lands and goods ferfeited and none to endeavour to procure their pardon under pain of Felony for endeavouring to overthrow a Commission for the good of the Kingdome and contrary to an Act of Parliament of force of arms and Opinions in Law delivered to the King tending to subvert the Laws and Statutes of the Realm overthrow the Power Priviledges and proceedings of Parliament and betray not all the house of Lords but only some of the Lords of Parliament which Judgment being afterwards reversed in the forced and packed Parliament of 21. R. 2. was reconfirmed in the Parliament of 1 H. 4. c 3. 4 5. and the Parliament of 21. R. 2. totally repealed and adnulled for ever and hath so continued 3. In the a Parliament of 17 R. 2. n 20. and Pas. 17. R. 2. B. R S. Rot 16. Sir Thomas Talbot was accused and sound guilty of High Treason for conspiring the death of the Dukes of Glocester Lancaster and other Peers who maintained the Commission confirmed by act of Parliament X R. 2. and assembling people in a warlike manner in the County of Chester for the effecting of it in destruction of the Estates of the Realm and OF THE LAWES OF THE KINGDOME 4. In the 29. year of King Henry the sixth Jack Cade under a pretence to REFORM alter and abrogate some Laws Purveyances and extortions importable to the Commons 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 succeeding ages worth serious perusual and consideration by all who tread in his footsteps and over-act him in his Treasons Whereas the most abominable Tyrant horrible odious and erraut FALSE TRAITOR Iohn Cade calling himself sometimes Mortimer sometime Captain of Kent which Name Fame acts and Feats to be removed out of the speeh and mind of every faithful Christian man perpetually fasly and trayterously purposing and imagining the pertual destruction of the KINGS PERSON and FINALL SUBVERSION 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 under Colour of Justice for Reformation of the LAWS
just suits deprived of their lawfull Rights and subjected to his Tyrannicall will to their ruine and destruction Fourthly That he hath Trayterously endeavoured to corrupt the other Courts of Justice by advising and procuring his Maiesty to sell places of Judicature and other offices contrary to the Laws and Customes in that behalf Fifthly He hath Trayterously caused a Book of Canons to be compiled and published without any Lawfull warrant and authority in that behalf in which pretended Canons many matters are contained contrary to the Kings prerogitive to the Fundamentall Laws and statutes of this Realm to the Rights of Parliament to the property and Liberty of the subject and matters tending to sedition and of dangerous consequence and to the establishing of a vast unlawful presumptuous power in himself and his successors c. Seventhly That he hath trayterously endeavoured to alter subvert Gods true Religion BY LAW EST ABLISHED and instead thereof to set up Popish Religion and Idolatry And to that end hath declared and maintained in Speeches and printed Books divers popish doctrines and opinions contrary to the Articles of Religion ESTABLISHED BY LAW Hee 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 punishments and imprisonments and most unjustly vexed others who refused to conform thereunto by Ecclesiastical Censures Excommunication Suspension Deprivation and Degradation contrary to the Laws of this Kingdome 13. He did by his own authority and power contrary to Law procure sundry of his Majesties Subjects and enforced the Clergy of this Kingdome to contribute towards the maintenance of the war against the Scots That to preserve himselfe from being questioned for these and other his Trayterous Courses hee hath laboured to Subvert the Rights of Parliament and the ancient Course of parliamentary proceedings and by false and malicious slanders to incense His Majesty against Parliaments All which being proved against him at his Tryall 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 Traytor against the King Law and Kingdom on Tower-hil January 10. 1644. 11. In the a same Parliament December 21. Ian. 14 February 11. 1640. and Iuly 6. 1641. Sir John Finch then Lord Keeper chief Justice Bramston Judge Berkley Judgeâ—Crawley Chiefe Baron Davenport Baron Weston and Baron Turnour were accused and impeached by the House oâ— Commons by several articles transmitted to the Lords of High Treason for that they had Traitorously and wickedly endeavoured to subvert the Fundamentall Laws and established Government of the Realm of England and instead thereof to introduce an arbitrary and Tyrannicall Government against Law which they had declared by traiterous and wicked words opinions judgment and more especially in this their extrajudical opinion subcribed by them in the case of ship-money viz. We are of opinions that when the good and safety of the kingdome in general is concerned and the whole kingdome in danger your majesty may by wrâ—â— 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 victual and ammunition and for such time as your Majesty shall think fit for the defence and safeguard of the kingdome from such danger and peril and we are of opinion that in such case your Majesty is the sole Judge both of the danger and when and how the same is to be prevented and avoided and likewise for arguing and giving judgment accordingly in Master Iohn Hampdens case in the Exchequer Chamber in the point of ship money in April 1638. which said opinions are Destructive to the Fundamentall Laws of the Realm the subjects right of propriety and contrary to former Resolutions in parliament and the petition of right as the words of their several Impeachments run Sir John Finch 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 put to Fines who were less peccant 12. Mr. Iohn Pim in his Declaration upon the whole matter of the Charge of High Treason against Thomas Earle of Stafford April 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 fundamentall Law of England and to introduce an Arbitrary Power to be High Treason and an offence very hanious 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 Salus Populi the element of all lawes out of which they are derived the end of all Lawes to which they are designed and in which they are perfected 1. It is an offence comprehending other all offences Here you shall finde severall Treasons Murthers Rapins Oppressions Perjuries There is in this Crime a Seminary of all evills 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 wiill 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 Lawes and what Dictates what decisions such Lawes will produce may easily be discemed 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 kinds of mischiefes and distempers will break it upon a State It is the Law that doth the King to the alegiance and Service of his people it intitles the people to the Portection and Justice of the King c. The Law is the Bondary the measure betwixt the Kings prerogative and the peoples liberty whiles these move in their own Orb 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 mischiefs must needs ensue If the Prerogative of the King overwhelme the liberty of the people it will be turned into Tyranny If liberty undermine the peprogative it will turne into Anarchy The Law is the safegard the custody of all private interests your honours your lives your liberties and 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 Earle of Strafford and the English by
among your people who will be therby no less discouraged then 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 ectablished both by the ancient 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 encroachments together with their own care duty and vigilancy in this kind in that very Parliament 3. They relate the readiness of our Kings to ratifie these their Fundamental Rights by new Act of Parliament when they have been violated in any kind 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 infringement thereof by arbitrary illegal Impositions without full consent in Parliament 5. They earnestly in point of conscience prudence and duty to those for whom thy served Petition his Majesty for a new Law and Declaration against all new Impositions Taxes on Inland Goods or Merchandizes 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 Notional or real Parliament to Prosecute Enact Establish such a Declaration and Law against all such future arbitrary illegal oppressive Taxes Impositions Excizes that have been imposed and continued for many years together on the whole Kingdom 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 Parliament to their great oppression enslaving undoing and that in far greater proportions multiplicity and variety â—hen ever in former ages without the least intermission and likewise against their late declared design 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 3â— 3â— Articles of the Instrument entituled The Government of the Common-wealth of England c. I remit to their most serious considerations to determine it ever they resolve to be English Freemen again or to imitate the wisdom prudence zeal courage and laudable examples of their worthy Ancestors from which they cannot now degenerate without the greatest Infamy and enslaving of themselves with their Posterities for ever to the arbitrary wills of present or future Usurpers 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 bloudy Wars for their Defence against the Beheaded King The fifth is A learned and necessary Argument made in the Commons House of Parliament Anno 7. Jacobi to prove That each Subject hath a propriety in his Goods shewing also the extent of the Kings Prerogative in Impositions upon the Goods of Merchants exported or imported c. By a late learned Judge of this Kingdom printed at London by Richard Bishop 1641. and Ordered to be published in print at a Committee appointed by the Honourable 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 NATVRAL FRAME AND CONSTITVTION OF THE POLICY OF THIS KINGDOME which is Jus Publicum Regni AND SO SUBVERTETH THE FUNDAMENTAL LAW OF THE REALM and introduceth a new form of State and Government Can any man give me a reason why the King can only in Parliament make 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 KINGDOM AND THE VERY NATVRAL CONSTITVTION 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 a Law to alter the property of the Subjects Goods which is also against the Law In this and sundry other Arguments touching the Right of Impositions in the Commons House of Parliament by the Members of it arguing against them it was frequently averred and at last voted and resolved by the House 7. Jacobi That such Impositions without consent in Parliament were AGAINST THE ORIGINAL FUNDAMENTAL LAWS AND PROPERTY OF THE SUBJECT and Original Right Frame and Constitution of the Kingdom as the Notes and Journals of that Parliament evidence An express Parliamentary resolution in point for what I here assert The sixth is A Conference desired by the Lords and had by a Committee of both Houses concerning the Rights Privileges of the Subjects 3. Aprilis 4. Caroli 1628. entred in the Parliament Journal of 4. Caroli and since printed at London 1642. In the Introduction to which Conference Sir Dudley Diggs by the Commons House Order used these expressions My good Lords whilst we the Commons out of our good affections were seeking for money we found I cannot say a Book of the Law but many A FUNDAMENTAL POINT THEREOF NEGLEGTED AND BROKEN which hath occasioned our desire of this Conference Wherein I am first commanded to shew unto your Lordships in general That the Laws of England are grounded on Reason more antient then Books consisting much in unwritten Customs yet so full of Justice and true Equity that your most Honorable Predecessors and Ancestors propugned them with a NOLUMUS MUTARI and so ancient that from the Saxons daies notwithstanding the injuries and ruines of time they have continued in most parts the same c. Be pleased then to know THAT IT IS AN UNDOUBTED AND FUNDAMENTAL POINT OF THIS SO ANCIENT COMMON LAW OF ENGLAND THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS which doth preserve as sacred that Meum and Tuum that is the Nurse of Industry and the Mother of Courage and without which there can be no Justice of which Meum and Tuum is the proper object But the UNDOUBTED RIGHT OF FREE SUBJECTS hath lately not a little been invaded and prejudiced by Pressures the more
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 setled by a Law which as all other Laws of your Kingdom your Majesty is sworn to maintain as we are sworn to our Allegiance to your Majesty these Obligations being reciprocal we must in duty and accordingly are resolved with our lives and fortunes to defend and preserve the just Rights and full Power of this Parliament To which the Earl of Essex then General by both Houses direction in his Letter to the Earl of Forth Jan. 30. 1643. adds this Corollary My Lord the maintenance of the Parliament of England and the Priviledges thereof is that for which we are all resolved to spend our bloud as being THE FOUNDATION WHEREON ALL OUR LAWS and LIBERTIES ARE BUILT Which both the Lords and Commons assembled in Parliament in their Declaration of 23. Martii 1643. touching their proceedings upon his Majesties Letter concerning a Treaty of Peace wherein this Earls former Letter is recited thus second The Parliament of England is the only Basis the chief Support and Pillar of our Laws and Liberties c. And if notwithstanding all these Obligations the King shall * at his pleasure dissolve this Parliament the Kingdom is not only deprived of the present but made uncapable of enjoying the benefit of any future Parliament or Laws any longer then shall stand with the will and pleasure of the King and consequently THE FUNDAMENTALS OF ALL OUR LAWS GOVERNMENT ARE SUBVERTED Let the Parliament-dissolving officers Army and their Confederates seriously ponder this with all who shall hereafter sit in Parliament consider it in the first place The eleventh is the a Ordinance of both Houses of Parliament 13. Junii 1644. for the Forces raised in the County of Salop which begins thus The Lords and Commons assembled in Parliament taking into their serious considerations the great oppressions under which the Inhabitants of the County of Salop by reason of insupportable Taxes c. and the present condition of the County by reason of the great number of Irish Rebels that have invaded it and joyned with Papists and other ill-affected persons now in those parts doth threaten the extirpation of the Protestant Religion and the subversion of the FUNDAMENTAL LAWS and GOVERNMENT of the Kingdom For prevention whereof c. The twelfth is b A Declaration of the Commons of England assembled in Parliament 17 Aprilis 1646. of their true intentions concerning the ANCIENT FUNDAMENTAL GOVERNMENT OF THE KINGDOM securing the people against ALL ARBITRARY GOVERNMENT c. wherein they complain that the Enemy being in despair to accomplish his designs by War do misrepresent our intentions in the use we intended to make of the great Successes God hath given us and the happie opportunity to settle Peace and truth in the three Kingdoms to beget a belief that we now desire to exceed or swerve from our first Aims and Principles in the Undertaking of this War and to recede from the Solemn League and Covenant and Treaties between the two Kingdoms and that we would prolong these uncomfortable troubles and bleeding Distractions IN * ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION FRAME OF THIS KINGDOM to leave all Government in the Church loose and unsetled and our selves to exercise THE SAME ARBITRARY POWER OVER THE PERSONS ESTATES OF THE SUBJECTS which this present Parliament hath thought fit to abolish by taking away the Star-Chamber High Commission and other Arbitrary Courts and the exorbitant Power of the Councel Table all which we have seen since experimentally verified in every particular in the highest degree notwithstanding this Declaration by some in late and present Power notwithstanding this Publication All which being seriously considered by us c. We do declare THAT OUR TRUE REAL INTENTIONS ARE OUR ENDEAVOR SHALL BE to settle Religion in the purity thereof * TO MAINTAIN THE ANCIENT FUNDAMENTAL GOVERNMENT OF THIS KINGDOM TO PRESERVE THE RIGHTS 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 Kingdoms 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 this further enlargement upon the particulars And first concerning Church-Government c. because we cannot consent to the granting of an Arbitrary and unlimited Power and Jurisdiction to neer ten thousand Judicatories to be erected within this Kingdom and this demanded in such a way as is not consistent with THE FUNDAMENTAL LAWS GOVERNMENT OF THE SAME c. our full Resolutions still are sincerely really and constantly to endeavour the Reformation of Religion in the Kingdoms of ENGLAND IRELAND in Doctrine Worship Discipline and Government according to the Word of God and the example of the best Reformed Churches and according to the Covenant WE ARE * SO FAR FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOM BY KING LORDS COMMONS That we have only desired that with the consent of the King such Power may be setled in the TWO HOUSES without which we can have no assurance but that the like or greater mischiefs then those which God â—ath hitherto delivered us from may break out again and engage us in a second and more destructâ— ve War whereby it plainly appears OUR INTENTIONS ARE NOT TO CHANGE THE ANCIENT FRAME OF GOVERNMENT WITHIN THIS KINGDOM but to obtain the end of the Primitive Institution of all Government THE SAFETY WEAL OF THE PEOPLE not judging it wise or safe after so bitter experience of the bloudy Consequences of a * pretended Power of the Militia in the King to leave any colourable authoâ—ity 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 several Courts and Judicatories of this Kingdom nor intermeddle in cases of private interest otherwhere determinable unless 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 KINGDOM Lastly Whereas both Nations have entred into a Solemn League and Covenant we have and EVER SHAL BE VERY CAREFUL 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
Liberty of the Subject against Impositions maintained in an Argument in the Parliament of 7. Jacobi printed at London 1641. By Judge Crooks and Judge Huttons Arguments concerning Shipmony both printed at London 1641. By the Case of Shipmony briefly discussed London 1640. by Mr. St. Johns Argument and Speech against Shipmony printed at London 1641. By Sir Edward Cook in his 1. Institutes p. 46. and 57. to 64. and 528. to 537. By the 1. and 2. Remonstrance of the Lords and Commons in Parliament against the Commission of Array Exact Collection p. 386. to 398. and 850. to 890. and by my own Humble Remonstrance against Shipmony London 1643. The fourth part of the Soveraign power of Parliaments and Kingdomes p. 14. to 26. and my Legall Vindications of the Liberties of England against Illegall Taxes c. London 1649. and by the Records and Statutes cited in the ensuing Chapter referring for the most part to the first Proposition The second third and fourth of them are laâ—gely debated and confirmed by a Conference desired by the Lords and had by a Committee of both Houses concerning the Rights and Priviledges of the Subject 3. Apâ—ilis 4. Caâ—olâ—printed at London 1642. By Sir Edward Cook in his Institutes on Magna Charta c. 29. p. 45. to 57. By the 1. and 2. Remonstrance of the Lords and Commons against the Commission of Array Exact Collection p. 386. c. 850. to 890. By Judge Crooks and Judge Huttons Arguments against Shipmony By Sir Robert Cotton his Posthuma p. 222. to 269. By my Breviate of the Prelates encroachments on the Kings Prerogative and Subjects Liberties p. 138. c. My new discovery of the Prelates tyranny p. 137. to 183. and some of the ensuing Statutes and Records The fifth and sixth of them are fully cleared and vindicated in and by the Prologues of all our Councils Statutes Laws before and since the Conquest By Sir Edward Cooks 4. Institutes ch. 1. Mr. Cromptons Jurisdiction of Courts Title High Court of Parliament My Soveraign power of Parliaments and Kingdomes p. 1 2 3 4. My Legal Vindication against illegal Taxes and pretended Acts of Parliament London 1649 Prynne the Member reconciled to Prynne the Barrester printed the same year My Historicall Collection of the ancient great Councils of the Parliaments of England London 1649. My Truth triumphing over Falshood Antiquity over Novelty London 1645. and some of the Records hereafter transcribed In this I shall be more sparing because so fully confirmed in these and other Treatises The seventh is ratified by Sir Edward Cooks 1. Institutes p. 97 98. 4. Institutes p. 89. and 5. Report Cawdries Case of the Kings Ecclesiasticall Lawes and Rastals Abridgement of Statutes Tit. Provisors Praemunire and Rome 11. H. 7. c. 1. and other Records and Statutes in the ensuing Chapter The eighth and ninth are fully debated in my Soveraign Power of Parliaments and Kingdomes Part. 2. p. 3. to 34. Part fourth p. 162. to 170. and touched in Sir Robert Cottons Posthuma p. 174. to 179. How all and every of these Fundamentall Liberties Rights Franchises Lawes have been unparalelledly violated subverted in all and every particular of late years beyond all Presidents in the worst of former ages even by their greatest pretended Propugners their own printed Edicts Instruments Ordinances Papers together with their illegall oppressions Taxes Excises Imposts Rapines violences Proceedings of all kinds whereof I shall give a brief accompt in its due place will sufficiently evidence if compared with the premised propositions Which abundantly confirm the truth of our Saviours words John 10. 1. 10. and this rule of Johannis Angelius Wenderhagen Politicae Synopticae lib. 3. c. 9. sect. 11. p. 310. Hinc Regulae loco notandum Quod omne Regnum Vi Armata acquisitum in Effectu Subdit is Semper in durioris Servitutis conditiones arripiat licet à principio Ducedinem prurientibus 〈◊〉 videatur Ideo cunctis hoc cavendum Nè temrè 〈◊〉 patiantur FINIS a Joh. 17. 17. 2 Cor. 6. 7. Eph. 1. 12. Ja. 1. 18 b 2 Sam. 22. 8 16. Iob 38. 4 6. Psal. 18 15. 102. 25. 1 4. 5. Prov. 8. 29. Isa. 24 18. 40 21. 48. 13. 51. 13 16. Ier. 31. 17. 24 Ephes. 4 4 Heb. 1. 10. 4. 3 9. 26. 1 Pet. 1. 20. c 1 King 5. 17 6. 37. 7. 9 10. Ezr. 4. 13 6 3. Ps. 137. 7. Ezek. 41. 8. Hag. 2. 8. Zech. 4 9 8. 9 Mat. 7 26 27. Luke 6. 48 49. d Isa. 28. 16. 54 11. Psal. 87. 1. 1 Cor. 3. 10 11 12. Heb. 11. 10. 1 Pet. 2. 6. Rev. 21. 14. 19. e 2 Tim. 1. 19. Heb. 6. 1 2. f Ier. 50. 15. Micah 1. 6 7. Lâ—ke 6. 48 49. Mat. 7. 26 27. a Lib. tryed and cast p. 39 40 142 to 4â— 154 Canne's Voice from the Temple which perswades the subversion and abolishing of all former Lawes especially for Tythes Ministers support a 2 Thes. 24 b See Exact Collect and a general Collect. 〈◊〉 Ordinances c. c See Culpeper's Lilly's Merlins Almanacks John Can's 2 Voice Lib. tried and cast with many Petitions and Pamphlets against the Law and Lawyers The Order of Aug. 19. 1653. That there should be a Committe selected to consider of a NEW BODY of the Law for the government of this Common-wealth * Summum jus est summa injuria Cic. de Officâ—is p. 611. a Lib. tryed and cast p. 39. 40 142. to 148 and elsewhere John Canâ—â—'s 2 Voice from the Temple John Rogers Mene 〈◊〉 Perex p 6. Lilly and Culpeper in their prognostication Anno 1653. 16 4 See the Arimies Proposals b See Math. Parâ—s p. 2. 6 Magna Chart. 9. 11. â— H. 3. c. 1. 38. 25 E. 1. c. 1 c. 28 E 1 c. 1 c Cookâ—s 2 Instit. p. 2. Notâ— See Prop. 1 6 in Chap 2. Nota. * See Cant. Dâ—â—m p 19 26 40. Dâ—urn Occuâ— rences p. 13 See Propos. 1. in chap. 2. * O how are they now degenerated Nota. * And should they not be so now then * And shal we now at last fail herein ‖ How dare then any self-created powers who are neither Kings nor Parliaments now arrogate to themselves or exercise such a super-Regal arbitrary power and prerogative Nota. * And O that we would follow it now again Nota. * And do not those do so who now lay monthly Taxes Excizes Customs and New-Impost on us daily out of Parliament and that for many months and years yet to come against the Letter of their own Instrument and Oath too a See Canterburies Doom p. 19. Diurnal-Occurrences p. 13. b Exact Collection c. p. 112 113. See Chap. 2. Pâ—oposition 3. 7. a Exact Collection p. 850. 854 887 888. * Do not the Army-Officers now enforce them to all this without a Parliament * These Expostulations reach to those at White-Hall now who presume to impose
A Seasonable Historical Legal VINDICATION AND CHRONOLOGICAL COLLECTION Of the good Old Fundamental Liberties Franchises Rights Laws of all English Freemen their best Inheritance Birth-right Security against Arbitrary Tyranny Egyptian Slavery and Burdens of late years most dangerously undermined oppungned and almost totally subverted under the specious feigned Disguise of their Defence Enlargement and future Establishment upon a sure Basis IT is an universal received Principle and experimental Truth beyond all contradiction That no natural structure no arteficial Building no Civil or Ecclesiastical Corporation Realm Reipublicke Government or Society of men no Art nor Science whatsoever can possibly be erected supported established preserved or continued in their being or well being without FOUNDATIONS 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 God's own sacred unerâ—ing a Word of Truth we find frequent mention of the natural b FOUNDATIONS of the vast natural Fabrick of the Earth Heavens and World it self of the Artificial Material c FOVNDATIONS of the material Temple wals City of Gods own most famous city Ierusalem and of private houses of the Spiritual d FOUNDATION of the Spiritual Temple City Ierusalem and whole Church of God even Iesus Christ himself of the Doctrinal e FOUNDATIONS and first principles of Religion Christianity Salvation yea of the Political f FOUNDATIONS of Kingdoms Reipublikes Churches Governments States which being once shaken undermined subverted razed or destroyed bring unavoidable ruine and desolation upon them Psal. 11. 3. Psal. 82. 5 6. Ier. 50 17. 51 15 16. Mic. 1. 6 7 9. even as we daily see Castles Wals Houses to fall instantly to the ground and become an heap of Confusion when their Foundations are blown up decayed or demolished Upon which consideration those publike Laws which establish fence fortifie support the Foundamental Constitutions Rights Liberties Priviledges of any Nation Kingdome Reipublike essential to their being and subsistence as a free or happy people against the Invasions Vnderminings Encroachments of any Tyrants Vsurpers Oppressors or publike enemies are usually stiled FUNDAMENTAL LAWS and have ever been reputed so sacred inviolable immutable in all ages upon any Preterces of Necessity or publike Safety that most Nations and our own English Ancestors above others have freely chosen to hazard yea lose their Estates Lives in their just defence against such exorbitant Tyrannical Kings and other Powers who by force or policy have on leavoured to violate alter or subvert them rather then out of Cowardize Scottishnesse Carelessenesse or want of cordial love to the Publike to suffer the Last infringement repeal or alteration of them to the inthralling of Themselves or their Posterities to the arbitrary Wills of such Domineering Tyrants and Vsurping Poners Now because after all our Old and New many yeers bloody costly dangerous Contest and Wars for the maintenance of our Good Old Fundamental Liberties Laws Rights Priviledges against all secret or open underminers of them I clearly behold with grief of heart that there is a strang monstrous Generation of New TYRANNICAL STATE HERETICKS sprung up amongst us who are grown I desperately impudent as not onely to write but publikely to assert in Print in a Books printed by AUTHORITY even in Capitals in the very Title-page That the Free-men and People of England have no such unalterable Fundamental Laws and Liberties left them by their fore-fathers as our Ancestors heretofore contested for both in the Field and Parliament-House with William the Conqueror Henry the first King John Henry the third Edward 1 2 3. Richard the second with other Kings and Princes and our late Parliaments and Armies too with King James and King Charles That neither Magna Charta nor the Petition of Right nor the Laws for trying Malefactors by Juries of their peers are Fundamentall or unalteraâ—le but that the STATE-PHYSITIANS or rather Mountebanks of our time who are not tied up to them but left free unto themselves may lay them quite aside either in part or whole as they see cause Yea having now attained to such a super-transcendent Authority as may as they assert DAY ASIDE ALL PARLIAMENTS and PARLIAMENTARY WAYES and appoint SOMETHING ELSE as more seasonable and proper to us and as Providence makes way for it if they see it more conducing to the safety and good of the Common-wealth that is to their own private Interests Honours Profits Securities Designes Oppressions Rapines gilded over with this specious pretext And then â—â—â—emptorily conclude That to plead for these and other Fundamental Laws and Liberties as unalterable though the onely 〈◊〉 and Badges of our Freedom is nothing else but to 〈◊〉 the Nation for by such a Principle People doe 〈…〉 their Liberty but are brought under such a kind of Tyranny out of which AS BEING WORSE THAN THE AEGYPTIAN BONDAGE there is no hope of deliverance An absurd Tyrannical Paradox transcending any I ever yet met with in any Author stripping us naked of all our long enjoyed Laws Liberties Franchises Great Charters at once tending onely to reduce and perpetually inthral us under such an absolute AEGYPTIAN BONDAGE and Tyranny without any hope of future deliverance from it which some now endeavour to entail on us and our posterities for ever by an Iron Law and Yoke of Steel in stead of restoring to us that Glorious Freedome which we have so long expected from them in vain And because I find the Generality of the Nobility Gentry Clergie Commonalty of our Nation after all their late yeers expensive bloudy wars and Parliamentary Disputes for the defence and preservation of these our Ancient Hereditary Fundamental Charters Laws Liberties Priviledges so strangely degenerated both from themselves and their Heroick prudent Ancestors as that they are more readily inclined upon every occasion out of a base un-Christian un-manly un-English fear or Scottish cowardice and stupidity wittingly to desert betray surrender them all up into the hands of any invading Vsurpers without the least Publike Claim Dissertation Defence or Dispute then diligently or couragiously to contend for them as of late they did So as that which Paul once taxed in the slavish besotted Corinthians 2 Epist. 11. 20. may be most truly averred of our degenerated infatuated English Nation Ye suffer if a man bring you into bondage if a man devour you if a man take of you if a man exalt himself above your Laws Liberties Franchises Parliaments Kings Nobles Properties Lives Conscience and a all that is called God or worshipped if a man smite you on the face notwithstanding all their manifold late b Protestations Vows Covenants Remonstrances Declarations and Publike Engagements to the contrary And withal after diligent enquiry discovering scarce one man of Eminencie or Power in the Nation nor so much as one of my degenerated temporizing Profession of the Law even
Judgements and Authorities in all ages undeniably evidencing declaring vindicating establishing perpetuating these Fundamental Hereditary Rights Liberties Priviledges Franchises Customs Laws and abundantly manifesting the extraordinary care industry zeal courage wisdom vigilancy of our Ancestors to defend preserve and perpetuate them to posterity without the least violation or diminution 4. I shall vindicate the exellencie indifferencie and legality of trying all Malefactors whatsoever by Juries of their peers upon legal Processe and Indictments and manifest the illegality injustice partiality dangerous consequences of admitting or introducing any other form of Trials by New Arbitrary Martial Commissions or Courts of High Justice or rather * Injustice inconsistent with and destructive to the Fundamental Rights Liberties Priviledges Laws Franchises of the English Nation and of most dangerous President to Posterity being set up by the greatest Pretenders to Publike Liberty Law and the chiefest inveighers against Arbitrary Regal Tyranny and Power which never publikely established them by any Law and may fall to imitate them in future Ages Each of these I intend to prosecute in distinct Chapters in their order For the first of these That the Kingdome and Free-men of England have some Ancient Hereditary Right Liberties Priviledges Franchises Laws and Customs properly called FVNDAMENTAL and likewise a FVNDAMENTAL GOVERNMENT no wayes to be altâ—red undermined subvertâ—d directly or indirectly under pain of Highâ—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 a traytorous late-published Pamphlets which professedly deny it and endeavour a total abrogation of all former Laws to set up a New Model 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 b King John Anno 1215. in the 17 yeer of his Reign regranted and confirmed by King Henry the third in the ninth yeer of his Reign and sundry times afterwards and by King Edward the first in the 25 and 28 yeers of his Raign wherein these three Kings successively by their several Grand Charters under their Great Seals did grant give and confirm to all the Free-men of the Realm of England FOR THEMSELVES AND THEIR HEIRS FOR EVER the Customs Libertiâ—s therein contained TO HAVE AND TO HOLD THEM TO THEM AND THEIR HEIRS FROM THEM AND THEIR HEâ—RS FOR EVER Concluding their Charters thus All these Customs and Liberties aforesaid which we have granted to be holden within this our Realm as much as appertaineth TO US AND OUR HEIRS WE SHALL OBSERVE And ALL MEN OF THIS OUR REALM AS WELL SPIRITUALL AS TEMPORALL as much as in them is shall observe the same against all persons in likewise And we have granted unto them THAT NEITHER WE NOR OUR HEIRES SHALL PROCURE OR DO ANY THING WHEREBY THE LIBERTIES IN THESE CHARTERS CONTAINED SHALL BE INFRINGED OR BROKEN We â—atifying and approving these Gifts and Graunts aforesaid CONFIRM and CORROBORATE ALL THE SAME FOR US AND OUR HEIRS PERPETUALLY and by these Presents as the later Charters run do renew the same Willing and Granting FOR US AND OUR HEIRS THAT THESE CHARTERS AND ALL AND SINGULAR THEIR ARTICLES FOR EVER SHALL BE STEDFASTLY FIRMLY AND INVIOLASLY OBSERVED Sir Edward Cook that reverend learned Judge and Professor of our Laws in his preface to his second Institutes and p. 2. and 77. thereof wherein he comments on this Great Charter printed by two Orders of the House of Commons in Parliament dated 12 Maii. 1641. and 30 Junii 1642. resolves in direct terms That the Great Charter was for the most part declaratory of the Principal Grounds of THE FVNDAMENTAL LAWS OF ENGLAND That these words therein for as and our heirs for ever were added to avoid all scruples THAT THIS GREAT PARLIAMENTARY CHARTER MIGHT LIVE AND TAKE EFFECT IN ALL SUCCESSIONS OF AGES FOR EVER A clear Resolution that the principal Liberties Customs Laws contained in these Great Charters and ratified by them are both Fundamental perpetual and unalitrable being since confirmed in all points by neer fourty several special Acts of Parliament in succeeding Parliaments and likewise by the Solemn Oathes of our Kings Nobles Judges Great Officers and of the People too all severall times sworn to defend and maintaine the same and by sundry Solomn Excommunications against the onfringers or contemners of them in any kind as I shall prove more fully in the third Chapter The second is the punctuall Resolution of the whole Parliament of 1 Jacobi even in a printed act of Parliament chap. 2. and of King James himself in his speech therein as is evident by this Prologue to that act Whereas his most excellent Majestie hath been pleased out of his great wisdome and judgment not onely to represent unto us by his own prudent and Princely Speech on the first day of this Parliament how much he desired in regard of his inward and gratious affection to both the famous and ancient Realms of England and Scotland now united in allegiance and by all subjection IN HIS ROYAL PERSON TO HIS MAJESTY AND HIS POSTERITY FOR EVER that by a speedy mature and sound Deliberation such a future Vnion might follow as should make perfect that mutual love and uniformity of Maners and Customs which Almighty God in his providence for the strength and safety of both Realms hath so far already begun inâ— pparent sight of all the world but also hath vouchsafed to expresse many ways how far it is and EVER SHALL BE from his Royal and sincere care and affection to the Subjects of England TO ALTER OR INNOVATE the FUNDAMENTAL and ANCIENT LAWS PRIVILEGES and GOOD CUSTOMS OF THIS KINGDOM whereby not only HIS ROYAL AUTHORITY but THE PEOPLES SECURITY OF LANDS LIVINGS and PRIVILEGES â—oth in generall and particular are PRESERVED and MAINTAINED and BY THE ABOLISHING OR ALTERATION OF THE WHICH IT is IMPOSSIBLE BUT that PRESENT CONFUSION WIL FALL UPON the WHOLE STATE and FRAME OF THIS KINGDOM c. In which memorable Clause these four things are observable 1. That the Kingdom and People of England have Fundamental ancient good Laws Privileges and Customs 2. That these are no ways to be altered or innovated and that it always hath been is and ever shall be far from the thoughts and intents of all good Kings Governours and Parliaments who bear a sincere care and affection to the subjects of England to alter or innovate them 3. That by these ancient good Laws Privileges and Customs not onely the Kings Regal authority but the peoples security of Lands Livings and Privileges 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 whole State and frame of this Kingdome Which I wish all Innovators and New Modellers of our Laws
would now at last lay seriously to heart and the whole Kingdom and English Nation sadly consider who have found it an Experimental truth of late yeers and no imaginary feigned Speculation The third is The Remonstrance of the whole House of Commons in Parliament delivered in writing to K. James in the Parliament of 7 Iac. 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 have received first by Message and since by Speech from your Majestie 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 Wee your said humble Subjects nothing doubting but that your Majestie had no intent by that command to infringe THE ANCIENT AND FVNDAMENTAL RIGHTS OF THE LIBERTY OF PARLIAMENT in poynt of exact discussing of all matters concerning them and their possessions Goods and Rights whatsoever which yet wee cannot but conceive to be done in effect by this command Do with all humble duty make this Remonstrance to your Majestie First Wee hold it AN ANCIENT GENERAL and VNDOVBTED RIGHT OF Parliament to debate freely all matters which do properly concern the Subject and his Right or Estate which freedom of debate being once fore-closed THE ESSENCE OF THE LIBERTY OF PARLIAMENT IS WITHALL DISSOLVED Here the whole House of Commons in a special Remonstrance to King James printed and published by Order of a Committee of the House of Commons for licensing of Books dated 20 Maii 1641. 17 Caroli declare resolve vindicate and maintain One principal ancient Fundamental general undoubted 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 so much nay farre more intrench upon the ancient Fundamental General undoubted Right 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 â— A. B. do swear that I will never give my consent TO ALTER THE GOVERNMENT OF THIS CHURCH BY ARCH-BIâ—HOPS BISHOPS DEANS AND ARCH-DEACONS c. AS IT STANDS NOW ESTABLISHED AND AS BY RIGHT IT OVGHT TO STAND * Resolved by the whole House of Commons and Peers too without one dissenting voyce in Parliament Decemb. 1640. to be a most dangerous and illegal Oath contrary to THE RIGHTS and PRIVILEGES OF PARLIAMENT and to the FVNDAMENTAL LAWS STATVTES OF THE REALM c. and OF DANGEROVS CONSEQVENCE The contriving whereof was objected to the late Arch-bishop of Canterbury in his Original and Additional Articles of Impeachment to be HIGH TREASON for which amongst other thigs he lost his head The fourth is the notable Petition of Grievance of the whole House of Commons in Parliament presented to King James in the seventh yeer of his Reign after their Vote against his right to lay any Impositions on Goods imported or exported without assent of Parliament in these ensuing words THe policy and Constitution of this your Majesties Kingdom 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 Merchandizes 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 Kingdom as they have * ever shewed themselves faithful and loving to their Kings ready to aid them in all their 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 Princese it her occasioned by war or by their own bounty or by any other necessity have without consent of Parlament 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 REDRESS 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 Lawes of this Realm WHICH ARE AS ANCIENT AS THE KINGDOM IT SELF yet those famous Kings for the better contentment and assurance of their loving Subjects agreed THAT THIS OLD FVNDAMENTAL RIGHT observe the words should be further declared AND ESTABLISHED BY ACT OF PARLIAMENT wherein it is provided That no such Charge should 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 OVR ANCESTORS AND OVT OF OVR DVIY 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 FAR MORE IN NVMBER THEN ANY YOVR NOBLE ANCESTORS DID EVER IN TIME OF WAR 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 IMPOSITIONS OF ANY KIND SET OR TO BESET VPON YOVR PEOPLE THEIR GOODS OR MERCHANDIZES SAVE ONLY BY COMMON CONSENT IN PARLIAMENT ARE AND SHALL BE VOYD wherein your Majesty shall not only GIVE YOVR SVBJECTS 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 Forein to the overthrow of Merehants and Shipping the causing of general dearth and decay of all wealth
grievous because they have been pursued by imprisonment contrary to the Franchises of this Land c. which the Commons House proved by many Statutes and Records in all Ages in that Conference to the full satisfaction of the Lords House since published in print The seventh is The Vote of the a whole House of Commons 16. December 1640. Nullo contradicente entred in their Journal and printed in Diurnal Occurrences p. 13. That the Canons made in the Convocation Anno 1640. ARE AGAINST THE FUNDAMENTAL LAWS OF THE REALM the Property and Liberty of the Subject the Right of Parliament and contained divers things tending to Faction and Sedition The eighth Authority is b The Votes of both Houses of Parliament concerning the security of the Kingdom of England and Dominion of Wales 15. Martii 1641. Ordered by the Lords and Commons in Parliament to be forthwith printed and published as they were then by themselves and afterwards with other Votes and Orders Resolved upon the Question nemine contradicente That in case of extream danger and of his Majesties refusal the Ordinance agreed on by both Houses for the Militia doth oblige the people and ought to be obeyed by THE FUNDAMENTAL LAWS OF THIS KINGDOM A very vain false absurd and delusory Vote if there be no such Laws as some now affirm The ninth punctual Authority is a A second Declaration of the Lords and Commons assembled in Parliament concerning the Commission of Array printed by their special Order of 12 Januarii 1642. wherein are these observable passages The main drift of the Answer is to maintain That the King by the Common Law may grant such a Commission of Array as this is upon this ground because it 's for the defence of the 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 Subjects 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 Majestie shall impose upon his Subjects upon pretence of Defence of the Kingdom for there is the same reason of Law for any other Charge that is pretended for Defence as for this If his Majestie 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 Bulworks and after to maintain them with Garisons 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 as all other Lawes that have been made for the Subjects benefit against Taxes and other Charges either in this or any other Parliament These Positions thus laid down and maintained DO SHAKE THE FUNDAMENTAL LAWS OF THE KINGDOM THE ANCIENT BIRTH-RIGHT OF EVERY SUBJECT both for THE PROPERTY OF HIS GOODS AND LIBERTY OF HIS PERSON Nay they strike at the root of Parliaments What need his * Majesty call Parliaments to provide for Defence of the Realm when himself may compel his Subjects to defend it without Parliaments If these grounds should hold what need the Subjects grant Subsidies in Parliament for Defence of the kingdom in time of real danger if the king for defence at any times when he shall only conceive or pretend danger may impose Charges upon his Subjects without their consent in Parliament Upon that which hath been said in this and our former Declaration we doubt not but all indifferent men will be satisfied that this Commission of Array is full of danger and inconvenience to the Subjects of England AND AGAINST THE FUNDAMENTAL LAWS OF THE LAND both for PROPERTY OF GOODS AND LIBERTY OF PERSON c. 2. As it is against THE FUNDAMENTAL LAWS OF THE REALM so no Statute makes it good c. And the Lords and Commons do upon the whole matter here conclude that they are very much aggrieved that after so many Declarations and solemn Protestations made by his Majesty to rule by the known Laws of this Land his Majesty by advice of his ill-Councellors should be perswaded to set such a Commission on foot which is so clearly contrary TO THE FUNDAMENTAL LAWS OF THIS LAND the Right of Property and Liberty of the Subject contrary to formâ—r Resolutions of Parliament and to the Petition of Right I am certain the generality of the Nation are now as much and more aggrieved that some who were Parties to this Declaration and others who have made as many or more Declarations and Protestations as his Majesty ever did to rule by the known Laws of the Land should since this far exceed his Majesty in the like or more exorbitances in the Militia Excises Taxes Impositions Imprisonments arbitrary extravagant proceedings and capital executions in new-erected Courts of Injustice as diametrically contrary as the Kings Commissions of Array to the Fundamental Laws of the Land four times together so stiled and 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 Solemn Leagues and Covenants in Parliament to their own eternal Infamy as well as the peoples intolerable oppression and Slavery who thereupon may justly conclude and protest against them as both Houses did in the close of that Declaration against the Array viz. * And the Lords and Commons do and shall adhere to their former Votes and Resolutions That all those that are Actors in putting of this Commission of Array in execution shall be esteemed disturbers of the Peace of the Kingdome and the Properties and Liberties of the Subject The tenth evidence is a the Vote and Letter of both Houses of Parliament sent to his Majesty at Oxford 9. March 1643. in answer to his Majesties of the third of March wherein there is this passage We the Lords and Commons assembled in the Parliament of England c. have resolved with the concurrent advice and consent of the Commissioners of Scotland to represent to your Majesty in all humility and plainness as followeth That this present Parliament convened according to the known and FUNDAMENTAL LAWS OF THE KINGDOM the continuance whereof is
of the said KING robbing slaying spoiling a great part of his faithfull People Our said Soveraign Lord the King considering the promises with many other which were more odious to remember by advice and assent of the LORDS Spirituall and Temporall and at THE REQVEST OF THE COMMONS and by authority aforesaid hath ordained and established that the said Iohn Cade shal be had named and declared a false Traytor to cur said Soveraign Lord the King and that all His Tyranny Acts Facts false Opinions shall be voyded abated adnulled destroyed and put out of remembrance for ever And that all indictments in time coming in like case under power of Tyranny Rebellion and stirring had shall be of no regard nor effect but void in Law and all the petitions * delivered to the said King in his last Parliament holden at Westminster the sixth day of November the 29 of his Reign against his mind by him not agreed shall be taken and put in oblivion out of remembrance undone voided adnulled and destroyed for ever as a thing purposed against God and his Couscience and against his royall estate and preheminence and also dishonourable and unreasonable 5. In the a 8 year of King Henry the 8. William Bell and Thomas Lacy in the County or Kent conspired with Thomas Cheyney the Hermite of the Queen of Fairies TO OVERTHROW THE LAWS AND CVSTOMS OF THE REALM for effecting whereof they with 200. more met together and concluded upon a cause or raising greater forces in Kent and the adjacent shires this was adiudged high treason and some of them executed as traytors Moreover it b was resolved by all the Judges of in the reign of Henry S. that an Insurrection against the Statute of Labourers or for the inhansing of salaries and wages was Treason a levying war against the King Because it was generally against the KINGS LAW and the Offenders tooke upon them the REFORMATION thereof which Subjects by gathering of power ought not to do 6. On a December 1. in the 21. yeer of King Henry the 8. Sir Thomas Moor Lord Chancellor of England with 14. more Lords of the Privy Councel Iohn Fitz Iames Chief Justice of England and Sir Anthony Fitzherbert one of the Judges of the Common Pleas exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinall Wolsy That he had by divers and many sundry ways and fashions committed High Treason and notable grievous offences misusing altering and subverting the order of his Graces Laws and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royall to the inestimable great hinderance dimunition and decay of the universal Wealth of this his Graces Realm The Articles are 43. in number The 20 21 26 30 35 47 42 43. contain his illegal arbitrary practices 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 most excellent Majesty of your excellent goodness towards the Weal of this your Realm and Subjects of the same to see such order and direction upon the said Lord Cardinal as may bee to terrible example of others to beware to offend your Grace and your Lawes hereafter And that he be so provided for that he never have any power jurisdiction or authority hereafter to trouble vex or impoverish the Commonwealth 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 Iudgment for these his practises 7. The b Statute of 1. Marieâ— 12. Enacts that if 12. or more shall endeavour by force to alter any of the laws or statutes of the Kingdome the offender shall from the time therein limited be adjudged ONELY AS A FELON whereas it was Treason before but this act continuing but till the next Parliament and then expiring the offence remains Treason as before 8. In the a 39. 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 Warre against the Queen because it was to throw down all inclosures throughout the Kingdome to which they could pretend no right and that the end of it was to overthrow the Laws and Statutes for Inclosures Whereupon BRADSHAW and BVRTON two of the principall offenders were condemned and executed at Aicâ—ston 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 16â—0 1641 b The whole House of Commons impeached Thomas Earle of Stafford Lord Deputy of Ireland of high Treason amongst other Articles for this crime especially wherein all the other centred that he Treasonably endeavoured by his Words actions and Counsels to subvert the Fundamentall Lawes of ENGLAND and IRELAND and introduce an arbitrary and Tyrannicall Government This the whole parliament declared and adjudged to be High treason c in and by their votes and a speciall act of parliament for his attainder for which he was condemned and soon after executed on Tower Hill as a traytor to the King and Kingdome May 2â— 1641. 10. The whole House of Commonâ— the same Parliament impeached William Lâ—â—d archbishop of Canterbury of HIGH TREASON in these 〈…〉 1646. First that he hath traytorously endeavoured 〈…〉 Fundamental Lawes and Government of this Kingdome of England and instead thereof to introduce an Arbitrary and Tyrannical Government against Law And hee to that end hath wickedly and Traiterously advised his Majesty that hee might at his own will and pleasure levy and take Money of his Subjects without their consent in parliament and this hee affirmed was warrantable by the Law of God Secondly He hath for the better accomplishment of that his Trayterous design advised and procured Sermons and other Discourses to be preached printed and published in which the authority of parliaments and the force of the Laws of this Kingdome have been denyed and absolute and unlimited power over the persons and estates of his Majesties Subjects maintained and defended not onely in the King but in himself and other Bishops against the Law Thirdly he hath by Letters Messages Threats and promises and by divers other ways 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 LAWES of this KINGDOME whereby sundry of his Majesties Subjects have been stopt in their
others who condemned him And the reason which he gave for it hath more mischiefe than the thing it selfe THEY ARE A CONQUERED NATION Let those who now say the same of England as well as Scotland and Ireland consider and observe what follows There cannot be a word more pregnant and fruitfull IN TREASON then 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 Acts and agreements do not limit 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 then 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 hurtfull more pernicious than such Propositions as these 2. It is dangerous to the Kings Person and dangrous 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 causes of great Trouble and Alterations to Prince and State If the Histories of those Easterne Countries be perused where Princes order their Affaires according to the mischievous Principles of the Earle of Straffords LOOSE and ABSOLVED FROM ALL RULES OF GOVERNMENT they will be found to be frequent in combustions full of Massacres and of the tragicall 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 Civil Distempers whereby the Kings that then raigned were alwayes kept in want and distresse the people consumed with CIVILL WARRES 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 horror 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 leasure and yet these are the Guildings and Paintings that are put upon such Counsells 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 warres but doth corrupt Peace and powres 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 beene under the fury and rage of Warre And as for Industry and Valour who will take paines 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 Coine 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 Warre threatens a Kingdome by the comming of a forreign enemy it is no time then to discontent the people to make them weary of the PRESENT GOVERNMENT and more inclinable to a change The Supplies which are to come in this way will be unready uncertain there can be no assurance of them no dependence upon them either for time or proportion And if some money be gotten in such a way the Distractions the Divisions Distempers which this cause is apt to produce will be more prejudiciall to the publick safty than the Supply can be advantageous to it 6. This crime is contrary to the Pact and Covenant between the King and his people by mutall 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 restraeine the excessive power and violence of great Men to open passages of Justice with indifference towards all 2. To preserve men in their Estates to secure them in their Lives and Liberties 3. That vertue should be cherished and vice suppressâ—d but where Laws are subverted and arbitrary and unlimited power set up a way is open not onely for the security but for the Advancement and Incouragement of evill Such men as are * aptest for the execution and maintenance of this power are onely capable of Preferment and others will not be Instruments of any unjust commands who make conscience to doe any thing against the Law of the Kingdome and Libbeties of the Subject are not only not passable for imployment but SUBJECT TO MUCH JEALOUSY and DANGER Is not this their condition of late and present times expertus quor 4. That all Accidents and events all Counsels and Designs should be improved to the publick good But this arbitrary power is apt to dispose all to the maintenance of it self And is it not so now 8. The Treasons of Subversions of the Lawes violation of liberties can never be good or justifiable by any circumstance or occasion being evil in their own nature how specious or good so ever 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 Counsel had brought the King as others the Kingdome since into a necessity and by no Rules of Justice can be allowed to gain this advantage to his Justification which is a GREAT PART OF HIS OFFENCE 9. As this is Treason in the nature of it so it doth exceed all other Treasons in this that in the Designe and endeavour of the Authour it was to be A CONSTANT and PERMANENT TREASON a standing perpetuall Treason which would have been in continuall Act not determined within one Time or Age but transmitted to Posterity even from Generation to Generation And are not others Treasons of late times such proclaimed such in and by their owne Printed Papers and therein
and Grandees of these present and late past times may behold their own faces and deformities and the whole Nation their sad condition under them In the residue of that his printed Speech he compares the Treason of the Ship-money Judges and of Sir Robert Tresylium and his Complices in XI R. 2. condemned and executed for Traytors by Judgement in Parliament for endevouring to subvert the lawes and statutes of the Realm by their illegall Opinions then delivered to King Richard at Nottingham Castle not out of conspiracy but for fear of death and corporall Torments wherewith they were menaced whose offence he there makes transcendent to theirs then in six particulars as those who please may there read at leisure being over large to transcribe I could here inform you that the Fundamentall lawes of our Nation are the same in the Body politique of the Realm as the Arteries Nerves Veins are in and to the naturall Body the Bark to the tree the Foundation to the House and therefore the cutting of them asunder or their Subversion must of necessity kill destroy disjoyne and ruine the whole Realme at once therefore it must be Treason in the highest degree But I shall only subjoyn here some materiall passages in his Argument at Law concerning the Attainder of high Treason of Thomas Earl of Strafford before a Committee of both Houses of Parliament in Westminster Hall April 29. 1641. soon after printed and published by Order of the Commons House wherein p. 8. he laies down his Position recited again p. 64. That Straffords Endeavouring to subvert the Fundamentall Lawes and Government of England and Ireland and instead thereof 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 by 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 with 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 money Judges Pag. 12. It is a Warre against the King Let our Military Officers and souldiers consider it when intended The alteration of the Lawes or Government in any part of them This is a levying Warre against the King and so Treason within the Statute of 25 E 3. 1. Because the King doth maintain and protect the Lawes in every part of them 2. Because they are the Kings lawes 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 Pag. 64. In this I shall not labour at all to prove That the endevouring by words Counsels and actions To subvert the Fundamentall Lawes 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 NOT TO MAKE A KINGDOME NO KINGDOME Take the Polity and Government away England's 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 Pag. 70 71 72. The horridnesse of the offence in endeavouring to overthrow the Lawes 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 Polititick This dissolved the Arteries and Ligaments that hold the body together THE LAWES He that takes away the Lawes 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 Lawes of the Realme doe not binde the descent of the Crown No Law no descent at all NO LAWES NO PEERAGE no ranks nor degrees of men the same condition to all It s Treason to kill a Judge upon the Bench this kils not Judicem sed JVDICIVM There be twelve men but no Law never a Judge amongst them It s felony to embezel any one of the Judiciall Records of the Kingdome THIS AT ONCE SWEEPS THEM ALL AWAY and FROM ALL It s Treason to counterfeit a twenty shilling piece here 's a counterfeiting of the Law we can call neither the counterfeit nor the true coin 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 punish it My Lords if the question were asked in Westminster Hall whether this were a Crime punishable in 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 only against the life or goods of some one or few persons It would I beleeve be answered by the Judges as it was by the Chief Justice Thirning 21 R. 2. That though he could not judge the Case TREASON there before him yet if he were a Peer in Parliament HE WOVLD SO ADJUDGE IT And so the Peers did herein Straffords and not long after in Canterburies Case who both lost their heads on Tower Hill I have transcribed these passages of Mr. Oliver St. Iohn at large for five Reasons 1. Because they were the voice and sense of the whole House of Commons by his mouth who afterwards owned and ratified them by their speciall 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 Fundamentall Laws or Liberties or the alteration of our Fundamentall Government or setting up any arbytrary or Tyranicall Power Taxes Impositions or new kinds of arbitrary Judicatories and imprisonments against these our Lawes and Liberties 2. To mind and inform all such who have not only 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 only the whole Parliament in generality but many of themselves in particular so severely prosecut condemned and inexorably punished of late years in them that so they may bewail repent of and reform them with all speed and diligence as much as in them lies And withall I shall exhort them seriously to consider that Gospel terrifying passage Rom. 2. 1 2 3. Therefore thou art inexcusable O man whosoever thou art
this businesse in the Army where it was first coined and return an Accompt hereof to this House These Votes were seconded soon after with these ensuing votes entred in the Commons Journall and printed by their special Order 23. November 1647. A Petition directed to the Supream Authority of England the Commons in Parliament assembled The humble petition of many Free born people of England c. was read the first and second time Resolved upon the Question that this petition is A sedititious and contemptuous avowing and prosecution of a former petition and paper annexed stiled an agreement of the people formerly adjudged by this House to be Destructive to the being of Parliaments and Fundamentall Government of the Kingdome Resolved c. That Thomas Prince Cheesemonger and Samuel Chidley be forthwith committed prisoners to the Prison of the Gatehouse there to remain prisoners during the pleasure of this House for a Seditious avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the people formerly Ajudged by this House to be destructive to the being of Parliaments and fundamentall Government of the Kingdome Resolved c. That Jeremy Jues Thomas Taylor and William Larnar be forthwith committed to the Prison of Newgate there to remain Prisoners during the pleasure of this House for a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agrement of the people formerly adjudged by this House to be destructive to the being of Parliaments and Fundamentall Government of this Kingdome Resolved c. That a Letter be prepared and sent to the Generall taking notice of his proceeding in the execution according to the Rules of Warre of a mutinous person avowing and prosecuting this agreement in the Army contrary to these Votes at the Rendezvouz near Ware and to give him thanks for it and to desire him to prosecute that Businesse the to bottome and to bring Such guilty persons as he shall think fit to condigne and exemplary Punishment Resolved c. That the Votes upon the Petition and Agreement annexed and likewise the Votes upon this Petition be forthwith printed and published After which by a Speciall Ordinance of both Houses of Parliament 17 December 1647. No person whatsoever who had contrived plotted prosecuted or entred into that Engagement intiâ—uled The agreement of the people declared To be destructive to the being of Parliaments and Fundamentall Government of the Kingdome for one whole year was to be elected chosen or put into the office or Place of Lord Mayor or Alderman Sheriffe Deputy of a Ward or Common Councel man of the City of London or to have a voice in the Election of any such Officer All these particulars with the Capitall Proceedings against White and others who fomented this Agreement in the Army abundantly evidence the veriey of my foresaid Proposition and the extraordinary guilt of those Members and Souldiers who contrary to their own Votes Ordinances Proceedings and Censures of others have since prosecuted this the like or far worse Agreement to the destruction of our ancient Parliaments and their Priviledges and the fundamentall Government Laws and Liberty of our Nation which I wish they would now sadly lay to heart The third is the memorable Statutes of 3. Jacobi ch 1 2 4 and 5. Which relating the old Gunpowder Treason of the Jesuites and Papists and their infernal inhumane barbarous detestable plot to blow up the King Queen Prince Lords Commons and whole House of Peers with Gunpowder when they should have been assembled in Parliament in the upper House of Parliament upon the fifth of November in the year of our Lord 1605. do aggravate the hainousnesse and transcendency thereof by this circumstance That it was as some of the principall Conspirators thereof confessed purposely devised and concluded to be done in the said House That where sundry necessary and Religious Laws for Preservation of the Church and State were made which they falsely and standerously term Cruel Laws enacted against them and their Religion Both Place and Persons should be all destroyed and blown up at once And by these dangerous consequences if it had not been miraculously prevented but taken effect That it would have turned to the utter ruine overthrow and Subversion Of the whole State and Common-wealth of this flourishing and renowned Kingdome and Gods true Religion therein established by Law and of our Laws and Government For which horrid Treason they were all attainted and then executed as Traytors and some of their Heads Quarters set up upon the Parliament House for terrour of others Even so let all other Traytors Conspirators against our Fundamental Laws Liberties Government Kings Parliaments and Religion treading presumptuously in their Jesuiticall footsteeps * perish O Lord but let them who cordilally love and strenuously maintain them against all Conspirators Traytors Underminers Invaders whatsoever be as the Sun when he goeth forth in his might That the Land may have rest peace settlement again for as many years at least as it had before our late innovations Wars Confusions by their restitution and establishment CHAP. II. HAving thus sufficiently proved That the Kingdome and Freemen of England have some ancient hereditary Rights Liberties Franchises Priviledges Customes properly called FVNDAMENTALL as likewise a Fundamentall Government no wayes to be altered under mined subverted directly or indirectly under the guilt and pain of High Treason in those who attempt it especially by Fraud Force or armed Power I shall in the second place present you in brief Propositions a Summary of the chiefest and most considerable of them which our prudent Ancestors in former ages and our latest reall Parliaments have both declared to be and eagerly contested for as Fundamentall and Essentiall to their very being and well being as a Free people Kingdome Republick unwilling to be enslaved under any yokes of Tyranny or arbitrary power that so the whole Nation may the more perspicuously know and discern them the more strenuously contend for them the more vigilantly watch against their violations underminings in any kind by any Powers or Pretences whatsoever and transmit perpetuate them intirely to their posterities as their best and chiefest inheritance I shall comprise the Summe and Substance of them all in these 9. Propositions beginning with the Subjects Property which hath been more frequently universally invaded assaulted undermined by our Kings and their evill instruments and thereupon more strenuously frequently and vigilantly maintained retained by our Nobles Parliaments and the people in all ages till of late years than any or all of the rest put together though every of them have been constantly defended maintained when impugned or incroached upon by our Ancestors and our selves 1. That no Tax Tallage Aid Subsidy Custome Contribution Loan Imposition Excise or other Assessement whatsoever for Defence of the Realm by Land or Sea or any other publick ordinary or extraordinary occasion may or ought to be imposed or levyed
upon all or any of the Freemen of England by reason of any pretended or reall Danger Necessity or other pretext by the Kings of England or any other Powers but onely with and by their common consent and Grant in a free and lawfull Parliament duly summoned and elected Except onely such ancient legall Ayds as they are specially obliged to render by their Tenures Charters Contracts and the Common Law of England 2. That no Freeman of England ought to be arrested confined imprisoned in any private Castles or remote unusuall Prisons under Souldiers or other Guardians but onely in usuall or Common Gaols under sworn responsible Gaolers in the County where he lives or is apprehended and where his Friends may freely visit and relieve him with necessaries And that onely for some just and legall cause expressed in the Writ Warrant or Processe by which he is arreâ—â—ed or imprisoned which ought to be legally executed by known legal responsible sworn Officers of Justice not unknown military Officers Troopers or other illegall Catchpols That no such Freeman ought to be denied bail Mainprise or the benefit of an Habeas Corpus or any other Legal Writ for his enlargement when bailable or incumpernable by Law nor to be detained prisoner for any reall or pretended Crime not bailable by Law then untill the next Generall or Speciall Gaol-delivery held in the County where he is imprisoned where he ought to be legally tried and proceeded against or else enlarged by the Justices without deniall or delay of Right and Justice And that no such Freeman may or ought to be outlawed exiled condemned to any kind of corporall punishment losse of Life or Member or otherwise destroyed or passed upon but onely by due and lawfull Processe Indictment and the lawfull Triall Verdict and Judgment of his Peers according to the good old Law of the land in some usuall Court of Publick Justice not by and in a new illegall Military or other Arbitrary Judicatories Committees or Courts of High Justice unknown to our Ancestors 3. That no Freeman of England unlesse it be by Speciall Grant and Act of Parliament may or ought to be compelled enforced pressed or arrayed to go forth of his own Countrey much lesse out of the Realm into forreign parts against his will in times of Warre or Peace or except he be specially obliged thereto by ancient Tenures and Charters save onely upon the sudden coming of strang enemies into the Realm and then he is to array himself onely in such sort as he is bound to do by the ancient Laws and Customs of the Kingdome still in force 4. That no Freeman of England may or ought to be disinherited disseised dispossed or deprived of any inheritance Freehold liberty Custome Franchise Chattle Goods whatsoeuer without his own Gift Grant or free Consent unlesse it be by lawfull Processe Triall and Judgment of his Peers or speciall Grant by act of Parliament 5. That the old received Government Laws Statutes Customes Priviledges Courts of Justice legall Processe of the Kingdome and Crown ought not to be altered repealed suppressed nor any new from of Government Law Statute Ordinance Court of Judicature Writs or legall Proceedings instituted or imposed on all or any of the Free men of England by any Person or Persons but onely in and by the Kingdomes free and full Consent in a lawfull Parliament wherein the Legislative Power solely resides 6. That Parliaments ought to be duly summoned and held for the good and safety of the Kingdome every year or every three years at least or so often as there is just occasion That the Election of all Knights Citizens and Burgesses to sit and serve in Parliament and so of all 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 or secluded thence And that all Parliaments not thus duly summoned elected whilst held but unduly packed and all Acts of Parliament fraudulently and forcibly procured by indirect means ought to be nulled repealed as void and of dangerous president 7. That neither the Kings nor any Subjects of the Kingdome of England may or ought to be summoned before any Forreign Powers or Jurisdictions whatsoever out of the Realm or within the same for any manner of Right Inheritance Thing belonging to them or Offence done by them within the Realm 8. That all Subjects of the Realm are obliged by Allegiance and duty to defend their Lawfull Kings Persons Crowns the Laws Rights and Priviledges of the Realm and of Parliament against all Usurpers Traytors violence and Conspiracies And that no Subject of this Realm who according to his duty and Allegiance shall serve his King in his Warres for the just defence of him and the Land against Forreign enemies or Rebels shall lose or forfeit any thing for doing his true duty service and Allegiance to him therein but utterly discharged of all vexation trouble or losse 9. That no publick Warre by Land or Sea ought to be made or levied with or against any Forreign Nation or Publick Truce or League entred into with Forreign Realms or States to bind the Nation without their Common advice and consent in Parliament 10. That the ancient Honours Manors Lands Rents Revenues Inheritances Right and perquisites of the Crown of England originally settled thereon for the Ease Exemption of the people from all kind of Taxâ—s payments whatsoever unlesse in cases of extraordinary necessity and for defraying all the consant ordinary expences of the Kingdome as the expences of the Kings houshold Court Officers Judges Embassadors Garisons Navy and the like ought not to be sold alienated given away or granted from it to the prejudice of the Crown and burdening of the people And that all Sales Alie nations Gifts or Grants thereof to the empairing of the publick Revenue or prejudice of the Crown and people are void in Law and ought to be resumed and repealed by our Parliaments and Kings as they have frequently been in all former ages For the Readers fuller satisfaction in each of these propositions some of which I must shew here but briefly touch for brevity sake having elsewhere fully debated them in print I shall specially recommend unto him the perusall of such Tracates and Arguments formerly published wherein each of them hath been fully discussed which he may peruse at his best leasure The first of these Fundamentalls which I intend principally to insist on is fully asserted debated confirmed by 13. H. 4. f. 14. By Fortesâ—ue Lord Chief Justice and Chancellour of England de laudibus Legum Angliae dedicated by him to King Henry the 6 f. 25. c. 36. f. 8â— By a learned and necessary Argument against impositions in Parliament of 7. Jacobi by a late Reverend Judge printed at London 1641. By Mr. William Hakewell in his