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

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times more to T●oopers and Souldiers who forcibly levy their unlawfull Contributions and Excises and otherwise which altogether as is conceived amounts not to lesse than a million in five years space whereas now we pay above two Millions in Taxes Imposts Excises every year besides the infinite v●xations of the Subject by suits in Law binding them over attendance at the Councel Table taking them from their necessary imployments in making Sesses and Collections and imprisonment of their persons all now trebled to what then I say besides what is past to make our miseries compleat they have as much as in them is MADE THEM ENDLESSE as others since have done for by these Opinions they have put upon themselves and their Successors An impossibility of ever doing us right again an incapacity upon us of demanding it so long as they continue as the Compilers of the late Instrument with 42. Strings intitu●ed The Government of the Common-wealth of England c. Artic. 1 2 3 9 10 12 22 24 25 26 27 28. 31 32. 36 37 38 39. have done as far as they and much beyond them In that sore famine in the Land of Egypt when the inhabitants were reduced to the next doore to death for there they say why should we die for bread First they give their money next their flocks and Cattle last of all their persons and Lands for bread all became Pharaohs but by this Lex Regia there is a transaction made not onely of our persons but of our bread likewise wherewith our persons should be sustained that was for bread this of our bread For since these Opinions if we have any thing at all we are not at all beholding TO THE LAW FOR IT but are wholly cast UPON THE MERCY and GOODNESSE OF THE KING Again there the Egyptians themselves sold themselves and all they had to the King if ours had been so done if it had been so done by our own free consent in Parliament we had the lesse cause to complain But it was done against our wills and by those who were trusted and that upon Oath with the preservation of these things for us The Laws are our Forts and Bulwarks of Defence If the Captain of a Castle onely out of fear and Cowardice and not from any Compliance with the enemy surrender it This is TREAON as was adjudged in Parliament 1 R. 2. in the two Cases of Comines and Weston and in the Case of the Lord Gray for surrendering Barwick Castle to the Scots in Edward the thirds time though good defence had been made by him and that he had lost his eldest son in maintenance of the Siege and yet the losse of a Castle loseth not the Kingdome onely the place and adjacent parts with trouble to the whole But by the Opinions there is a Surrender made of all our Legal defence of Property that which hath been preacht is now judged that there is no Meum Tuum between the King and people besides that which concerns our Persons The Law is the Temple the Sanctuary whether Subjects ought to run for shelter and Refuge hereby it is become Templum fine numine as was the Temple built by the Romane Emperour who after he had built it put no gods into it We have the Letter of the Law still but not the sense we have the Fabrick of the Temple still but the Dii Tutelares are gone But this is not all the Case that is That the Law now ceaseth to aid and defend us in our Rights for then possession alone were a good Title if there were no Law to take it away Occupanti concederetur melior esset Possidentis conditio But this though too bad is not the worst for besides that which is Privitive in these Opinions there is somewhat positive For now the Law doth not onely not defend us but the Law it self by temporising Judges and Lawyers is made the Instrument of taking all away For whensoever his Majesty or his Successors shall be pleased to say that the good and safety of the Kingdome is concerned and that the whole Kingdome is in danger the when and how the same is to be prevented makes our persons and all we have liable to bare will and Pleasure By this means The Sanctuary is turned into a Shambles the Forts are sleighted that so they might neither do us good nor hurt But they are held against us by those who ought to have held them for us and the mouth of our own Can●n is turned upon our own selves and that by our own military Officers Souldiers and others since as well as the Ship money Judges then ' Thus far Mr. Oliver St. John by the Commons Order whose words I thought fit thus to transcribe at large because not onely most pertinent but seasonable for the present times wherein as in a Looking Glasse some pretended Judges 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 Shipmony 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 laws 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 disjoyn and ruine the whole Realm at once therefore it must be Treason in the highest degree But I shall onely 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 layes down this Position recited again p. 64. That Straffords Endeavouring To subvert the Fundamentall Laws 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 super-added to those