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

laws and properties * Is there any between the late present powers and them further or longer than they please * Are they not so now * It is not so now when others who condemned and beheaded him for a Tyrant say pretenda●d act it over and over Nota. * Worth consideration of those of the long robe * And how mamy are guilty of this Treason See Hos 3 4 5. cap. 10. 3 4. cap. 1. 4. cap. 1. 4. Zech. 9. v. 5. Hab. 1. 10 14 15. Mic. 4. 9 10. Amos 1. 13 14 15. Lam. 5. 16. Ezech. 19. 1. 14. Isay 17. 3. c. 7. 16. Jer. 17. 25. 27. cap. 18. 7 8. cap. 22. 3. to 13. cap. 25. 8 to 38. cap. 51. 20. Proverb 28. 2. Ezech. 17. 14. cap. 29. 14 25 Isa 47 verse 5. Daniel 4. verse 17. * Are they so now and who have dissolved the Ligaments that formerly united and held them together * Have we not many counterfeit laws and Acts of Parliament of law and yet some counterfeit Judges that execute and give them in charge as true ones * See Exact Collection p. 4. 12 243 262. 321. * Surely there are sundry falshoods in it as well as some truths * If we believe themselves in their own cases * Some mens act ons since declare they had some other ground and ayms than this * Those who severe and disjoynt one house from the other and by force armed power seclude exclude and disjoyn the members of the same House one from another so many times one after another justifie it too are the greatest disjoyners of the House and Parliament and very unlikely to make any firm or reall settlement of this Nation * See my Speech in Parliament p. 100. to 108. a See Gratian Caus 2. Qu. 1. 2. Summa Angelica Rosella Hostiensis Tit. Restituito * See Speeds Hist p. 1250. c. Mr. Vicars History of the Gunpowder-Treason The Arraignment of Traytors * Judg. 5. 21. * See the Laws of King Edward the Confessor confirmed by William the Conquerour Lex 55 56 57. The great Charters of King John and Henry 3. c. 29 30. 25 E. 1. c. 5 6. 34 E. 1. De Tallagio c. 1 14 E. 3. Stat. 1. c. 21. Stat. 2. c. 1. 35 E. 3. Stat. 2. c. 1. 15 E. 3. Stat. 3. c. 5. 21 E. 3. Rot. Parl. N. 16. 25 E 3. Rot. Parl. N. 16 27 E. 3. Stat. 2. c. 2. 36 E. 3. Rot. Parl. N. 26. 38 ● 3. c. 2. 45 E. 3. Rot. Parl N. 42. 11 H. 4. Rot. Parl. N. 50. 1 R. 3. c. 2. The Petition of Right 3 Caroli the Acts against Ship-money Knighthood Tonnage and Poundage 16. 17. Caroli * See Magna Charta c. 29. Cooks Institutes on it 5 E. 3. c. 9 15 E. 3. c. 1 2 25 E. 3. c. 4 28 E. 3. c. 3 37 E. 3. c. 18 42 E. 3. c. 3 2 R. 2. c. 2 4 5 H. 4. c. 10 19 H. 7. c. 10 23 H. 8. c. 8 The Petition of Right 3 Caroli and other Acts in ch 3. 2 H 4. Rot. Parl. N. 60. 69. * 4 E. 3. c. ● 17 R. ● c. 10 * See the Laws of Edward the Confessor and William the Conqueror Lex 35. 55 56 58. Ras●●als Abridgement Tit. Armour 35 E. 3. c. 8. Rot. Parl. N. 23 The Statures for impressing Souldiers 16 1● Caroli 〈◊〉 E. 3. Stat. 2. c 5. 4 H. 4. c. 13. Exact collection p. 878 879. a See Magna Char. c. 29. 5 E. 3. c. 9. 15 E. 3. c. 1 2 21 E. 3. Rot. Parl. N. 28. 1● E. 3. N 35 36 37. ●5 E. 3. c. 4 Rot. Parl. N. 16. 28 E. 3. c. 3. 37 E. 3. c. ●8 42. E. 3. c. 1. 3. 2 R. 2. Parl. 2. c. 2. 7 R. 3. c. 4. 2 H 4. Rot. Parl. N. 60. 69. 15 H. 6. c. 4. The Petition of Right 3 Car. and the Statutes against Ship-money Knighthood Tonnage and Poundage 16 17 Caroli b See 1 Sam. 7. 4 to the end c. 11. 14 15. c. 12. 1. 2 Sam. 5. 1 2 3. c. 16. 18. 1 King 12. 3. to 21. c. 16. 1● c. 20. 7 8. 2. King 11. 1. to 21. c. 21. 24. c. 23. 30. c King Johns Magna Cha●ta Matth. Paris p. 247. 5 R. 2. c. 4. cook● 4. Instit c. 1. My Plea for the Lords My Ardua Regui The Levellers levelled and Epistle before my Speech in Parliament 4 E. 3. c. 14. 36 E. 3. c. 10. 50 E. 3. N. 151. 1 R. 2. N. 95. 2 R. 2. N. 4 5. d See 39 H. 6. c. 1. 17. E. 4. c. 7. ● H. 4. N. 21 22. 48. 1 H. 4. c 3. * See Rastals Abridgement of Statutes Title Provision● Premunire Rome e Leges Edwardi Regis c. 35 Lambards Arch. F. 135 136. Cooks 7. Report Calvins Case f. 6 7. Leges Willielm● Regis Lex 58 59. Seldens Notae ad Eadmerum p. 191. 11 H. 7. c. 1. 18 19 H. 7. c. 1. 25 H. 8. c. 22. 26 H. 8. c. 3. 28 H. 8. c. 7. 1 Eliz. c. 1. 3. 5. 5 Eliz. 2. c. 1. 1 Jac. c. 1 2. 3. Jac. c. 1 2 4 5. 7 Jac. c. 6. The Protestation League and Covenant and the ancient Oathes of Fealty Homage Mayers Sheriffs Free-men * Daniels History p. 78 79. 80. 123. 10. 12 n. 2. r. 8. H 5. r. 9 1. 1. 6. n. 53. 31. H. 6. r. 7. 1. R. 2. n. 14● 1. H. 4. n. 100. 6 H 4. n. 4. 15. 8. H. 4. n. 12. 33. H. 6. n. 47. 4. G. n. 3● 12 E. 4 n. 6. a See my Declaration and Protestation against the illegal detestable oft-condemned new Tax and Extortion of Excise 1654. Exact collection p. 885. Mr. St. Johns Speech concerning Ship-money p. 15 16. * Exact Collection p. 886. Nota. Nota. * And is not this its present sad slavish condition * Do they not so on Beer Salt and other Manufactures for which they now pay Excise * Witness Mr. ●ony amongst others Nota. See the Arguments concerning them in Mr. Hambdins and others cases 2. * See Cook 4. Justi c. 1. Brooks Parliament 4. 76 42. 107. and my Plea for the Lords * See Cooks 4. Justit c. 1. and Rastal Taxes Nota. Nota. Nota. * Though he came in by the Sword as a kind of Conquerour Nota. Nota. * And are not all the Commons Merchants Freemen of England bound to use the same course and make the s●me Declaration now Nota. * And can our p●esent Grandees take it in ill part if we refuse to pay them now being demand●d without Warrant of a Law and the receivers of them in a Premunire by express Act of Parliamen of 16 Caroli made since this Remonstrance a Alderman Chambers Mr. Rolls and others Nota. * Exact Collection p. 790. to 797. * See Historiae Anglicanae Londini 1652. Col. 2750 2751. Halls Chronicle f. 7 8. John Trussel in 23. R. 2. p 46. Grafton p. 401. Nota. * See Mr. St. Johns Argument at his Attainder p. 36. to 52. * See Judge Crooks Judg Huttons printed Arguments my Humble Remonstrance against the Illegal Tax of Shipmony * Printed at the end of Judge Huttoes A●gument amongst the sta●utes of 16 Caroli * Chap 1. p. Diurnal Occurences Speeches p. 191. to 265. Objection Answer * See p. 12 to 20 before the 1 Proposition and Statutes Arguments thereunto specially 23 E. 1. c. 5. 6. 34. E. 1. c. 1 2 3. 14 E. 3. c. 21 and Stat. 2. c. 1. 3 Caroli The Petition of Right * See their Impeachments printed trials Mr. St. Johns Argument at Law against Strafford p. 34 35. * Cook 4 Inst p. 42. 11 R. 2. c. 4. 1 H. 4. rot Parl. n. 143. 2 H. 4. c. 22. 21 R. 2. c. 4 5 6. 1 H. 4. c 7. rot Parl. n 48. 60. 68. * See Sir Edw. Cooks Preface to his 2. Institutes * Jer. 21. 12. c. 22. 3 4 5. Ps 12. 5 Ezech. 18. 5. to 14. c. 22. 12 13 27 29 30. c. 45. 7. to 10. c. 46. 18. Mich. 3. 1. to 5. c. 2. 1 2 3. c. 7. 2. Isa 58. 6. * See True c. p. 17 18. Objection Answer * Math. Paris Hist Angliae London 1640. p. 810. 818 854 875. * See M● Sr. Johns Speech against the ship-money Judges p. 16 17 18 19. Exact Collect p. 885. * See Heylyns Microcosme p. 756 757 758 395 412. 507. 577. 578. 642. 672. 704. * Exact Coll. p. 7. 575. 639 640 641. 807. 836. 850. to 890. * See the Act of Resumption 28 ● 6. 11. 53. a See Cooks 4 Inst●t c. 1. p. 33. Regal Taxes here ch 3. sect 4 5 6. * See 14 E. 3. c. 21. stat 2. c. 1. 5. R. 2. stat 2. c. 2 3 all Acts for 〈◊〉 * See Henry de Knyghton de Eventibus Angliae l. 5. col 2681. to 2690. 2 R. 2. rot Parl. n. 20 21 24. * Q● Curtius Hist l. 7. p. 831. * Qu. Curtius Hist l. 8. * Printed at Nu●●mbergh 1521. * See Revelationum l. 4. c. 104 105. l. 7. c. 16. l. 8. c. 48. Rev●lationes extravagantes c. 73 80. * Revelationum l. 8. c. 48. * Math Paris Hist Angl. p. 517. * De Remedio Amo●s l. 2. * See Mat. Pa●●s p. 306. 308. Grafton p. 90. 149. Daniel p. 78 79 83 123. 1 R. 2. Rot. Parl. to 148. 1 H. 4. n. 100. 6 H. 4. n. 14 15. 8 H. 4. n. 52. 1 H. 5. c. 6. 28 H. 6. rot Parl. n. 53. 31 H. 6. c. 7. 33. H. 6. n. 47. 4 E. 4. n. 39. 12. E. 4. n. 6.

one of the Judges of the Common Pleas exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinal Wolsey That he had by divers and many sundry wayes and fashions committed High Treason and NOTABLE GRIEVOUS OFFENCES by misusing altering and subverting of his Graces Laws and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royal to the inestimable great hinderance diminution and decay of the universal wealth of this his Graces Realm The Articles are 43. in number the 20 21 26 30 35 37 42 43. contain his illegal arbitrary practises and proceedings to the subversion of the due course and order of his Graces Laws to the undoing of a great number of his loving people Whereupon they pray Please therefore your mostexcellent Majesty of your excellent goodnesse towards the Weal of this your Realm and subjects of the same to set such order and direction upon the said Lord Cardinal as may be to terrible example of other to beware to offend your Grace and your Laws hereafter and that he be so provided for that he never have any Power Jurisdiction or authority hereafter to trouble vex or impoverish the common-wealth of this your Realm as he hath done heretofore to the great hurt and dammage of every man almost high and low His poysoning himself prevented his legal judgement for these his Practises 7. The Statute of 3. and 4. Ed. c. 5 6. enacts That if any persons to the number of twelve or more being assembled together shall intend go about practise or put in use with force and arms unlawfully of their own authority TO CHANGE ANY LAWS made for Religion by authority of Parliament OR ANY OTHER LAWS OR STATUTES OF THIS REALM STANDING IN FORCE OR ANY OF THEM and shall continue together by the space of an houre being commanded by a Justice of Peace Mayor Sheriffe or other Officer to return or shall by ringing of any Bell sounding of any Trumpet Drumme Horn c. raise such a number of persons to the intent to put any the things aforesaid in ure IT SHALL BE HIGH TREASON and the parties executed as Traytors After this the Statute of 1 Mariaec 12. Enacted That if twelve or more in manner aforesaid shall endeavour by force to alter any of the Laws or Statutes of the Kingdome the offenders shall from the time therein limited be ad●udged ONELY AS FELONS whereas it was Treason before but this Act continuing but till the next Parliament and then expiring the offence remains Treason as formerly 8. In the 39. year of Queen Elizabeth divers in the County of Oxford consulted together to go from house to house in that County and from thence to London and other parts to excite them to take arms for the throwing down of inclosures throughout the Realm nothing more was prosecuted nor assemblies made yet in Easter Term 39. Elizabeth it was resolved by all the Judges of England who met about the Case that this was High Treason and a levying war against the Queen because it was to throw down all inclosures throughout the Kingdom to which they could pretend no right and that the end of it was TO OVER THROW THE LAWS AND STATUTES for inclosures Whereupon BRADSHAW and BURTON two of the principal Offenders were condemned and executed at Ainstow Hill in Oxfordshire where they intended their first meeting 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 1640. The whole House of Commons impeached Thomas Earl of Strafford Lord Deputy of Ireland of High Treason amongst other Articles for this crime especially wherein all the other centred That he hath TREASONABLY ENDEAVOURED by his Words Actions and Counsels TO SUBVERT THE FUNDAMENTALL LAWS and GOVERNMENT OF ENGLAND and IRELAND and introduce an arbitrary and Tyrannical Government This the whole Parliament declared and adjudged to be High Treason in and by their Votes and a special Act of Parliament for his Attainder for which he was condemned and soon after executed on Tower-Hill as a Traytor to the King and Kingdome May 22. 1641. 10. The whole House of Commons the same Parliament impeached William Laud Arch-bishop of Canterbury of HIGH TREASON in these very terms February 6 1640. First That he hath traiterously endeavoured to subvert the Fundamental Laws and Government of this Kingdome of England and instead thereof to introduce an arbitrary and tyrannical Government against Law And he to that end hath wickedly and TRAYTEROVSLY advised his Majesty that he might at his own will and pleasure levy and take mony of his Subjects without THEIR CONSENT IN PARLIAMENT and this he affirmed was warrantable by the law of God Secondly He hath for the better accomplishment of that his Traiterous Designe advised and procured Sermons and other Discourses to be preached printed and published in which the Authority of Parliaments and the force of the Laws of this Kingdome have been denyed and absolute and unlimitted Power over the Persons and Estates of his Majesties Subjects maintained and defended not onely in the King but in himself and other Bishops against the Law Thirdly He hath by Letters Messages Threats and Promises and by divers other wayes to Judges and other Ministers of Justice interrupted perverted and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of Justice in his Majesties Courts at Westminster and other Courts TO THE SUBVERSION OF THE LAWS OF THIS KINGDOME whereby sundry of his Majesties Subjects have been stopt in their just suits deprived of their lawfull Rights and subjected to his Tyrannicall will to their ruine and destruction Fourthly That he hath traiterously endeavoured to corrupt the other Courts of Justice by advising and procuring his Majesty to sell places of Judicature and other Offices CONTRARY TO THE LAWS and CUSTOMES in that behalf Fifthly That he hath TRAITEROUSLY caused a a Book of Canons to be compiled and published without any lawfull warrant and Authority in that behalf in which pretended Canons many matters are contained contrary to the Kings Prerogative to the Fundamentall Laws and Statutes of this Realm to the Rights of Parliament to the Property and Liberty of the Subject and matters tending Sedition and of dangerous consequence and to the establishing of a vast unlawfull presumptuous power in himself and his successors c. Seventhly That he hath traiterously endeavoured to alter and subvert Gods true Religion BY LAW ESTABLISHED and instead thereof to set up Popish Religion and Idolatry And to that end hath declared and maintained in Speeches and printed Books diverse Popish Doctrines and Opinions contrary to the Articles of Religion ESTABLISHED BY LAW He hath urged and enjoyned divers Popish and Superstitious Ceremonies WITHOUT ANY WARRANT OF LAW and hath cruelly persecuted those who have opposed the same by corporal punishment and imprisonments and most unjustly vexed others who refused to conform thereunto by

Ecclesiasticall Censures Excommunication Suspension Deprivation and Degradation CONTRARY TO THE LAWS of this kingdome Thirteenth He did by his own authority and power contrary to Law procure sundry of his Majesties Subjects and enforced the Clergy of this Kingdome to contribute towards the maintenance of the War against the Scots That to preserve himself from being questioned for these other his Traiterous courses he hath laboured to subvert the Rights of Parliament and the ancient course of Parliamentary proceedings and have not the Army Officers and others actually done it since upon the same accompt and by false and malicious slanders to incense his Majesty against Parliaments All which being proved against him at his Triall were after solemn Argument by Mr. Samuel Brown in behalf of the Commons House proved and soon after adjudged to be High Treason at the Common Law by both Houses of Parliament and so declared in the Ordinance for his Attainder for which he was condemned and beheaded as a Traitor against the King Law and Kingdom on Tower Hill January 10. 1644. 11. In the same Parliament December 21. Jan. 14. Febr. 11. 1640. and July 6. 1641. Sir John Finch then Lord Keeper Chief Justice Bramston Judge Berkley Judge Crawly Chief Baron Davenport Baron Weston and Baron Trevour were accused and impeached by the House of Commons by several Articles transmitted to the Lords OF HIGH TREASON for that they had Traiterously and wickedly endeavoured to subvert the Fundamental Laws and established Government of the Realm of ENGLAND and instead thereof to introd●ce an Arbitrary and Tyrannical Government against Law which they had declared by traiterous and wicked words opinions judgements and more especially in this their extrajudiciall opinion subscribed by them in the case of Ship money viz. We are of opinion that when the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger your Majesty may by Writ under the Great Seal of England without consent in Parliament command all your Subjects of this your Kingdome at their charge to provide and furnish such a number of Ships with Men Victuall and Ammunition and for such time as your Majesty shall think fit for the Defence and safeguard of the Kingdome from such danger and perill And we are of Opinion that in such case your Majesty is the sole Judge both of the danger and when and how the sume is to be prevented and avoided And likewise for arguing and giving judgment accordingly in Mr. John Hampdens case in the Exchequer Chamber in the point of Ship money in April 1638 which said opinions are Destructive to the Fundamental Laws of the Realm the Subjects Right of Property and contrary to former Resolutions in Parliament and the Petition of Right as the words of their severall Impeachments run Sir John Fin●h fled the Realm to preserve his head on his shoulders some others of them died through fear to prevent the danger soon after their Impeachments and the rest who were lesse peccant were put to Fines 12. Mr. John Pym in his Declaration upon the whole matter of the charge of High Treason against Thomas Earl of Strafford Aprill 12. 1641. before a Committee of both Houses of Parliament in Westminster Hall printed and published by Order of the House of Commons proves his endeavour to subvert the Fundamental Laws of England and to introduce an Arbitrary Power to be High Treason and an offence very hainous in the nature and mischievous in the effects thereof which saith he will best appear if it be examined by that universall and supream Law Salu● Populi the element of all Laws out of which they are derived the end of all Laws to which they are designed and in which they are perfected 1. It is an offence comprehending all other Offences Here you shall finde several Treasons Murthers Rapines Oppressions Perjuries There is in this Crime a Seminary of all evils hurtfull to a State and if you consider the Reasons of it it must needs be so The Law is that which puts a difference betwixt good and evill betwixt just and unjust If you take away the law all things will fall into confusion every man will become a law to himself which in the depraved condition of humane nature must needs produce many great enormities Lust will become a Law and Envy will become a law Covetousnesse and Ambition will become laws and what Dictates what decisions such laws will produce may easily be discerned in the late Government of Ireland and England too since this The law hath a power to prevent to restrain to repair evils without this all kindes of mischiefs and distempers will break in upon a State It is the Law that intitles the King to the Allegiance and Service of his people it intitles the People to the Protection and Justice of the King c. The Law is the Boundary the measure betwixt the Kings Prerogative and the Peoples Liberties whiles these move in their Orbe they are a support and security to one another but if these Bounds be so removed that they enter into contestation and conflict one of these great mischiefs must needs ensue if the Prerogative of the King overwhelm the Liberty of the people it will be turned into Tyranny If Liberty undermine the Prerogative it will turn into Anarchy The Law is the safegard the custody of all private interests your Honours your Lives your Liberties and your estates are all in the keeping of the Law without this every man hath a like Right to any thing and this is the condition into which the Irish were brought by the Earl of Strafford and the English by others who condemned him And the reason which he gave for it hath more mischief than the thing it self THEY ARE A CONQUERED NATION let those who now say the same of England as well as Scotland and Ireland consider and observe what followes There cannot be a word more pregnant and fruitfull IN TREASON than that word is There are few Nations in the world that have not been conquered and no doubt but the conquerour may give what Laws he please to those that are conquered But if the succeeding Parts and Agreements do not limit and restrain that right what people can be secure England hath been conquered and Wales hath been conquered and by this reason will be in little better case than Ireland If the King by the Right of a Conquerour give Lawes to his people shall not the people by the same reason be restored to the Right of the conquered to recover their Liberty if they can What can be more hurtful more pernicious than such Propositions as these 2. It is dangerous to the Kings Person and dangerous to his Crown it is apt to cherish ambition usurpation and oppression in great men and to beget sedition discontent in the people and both these have been and in reason must ever be great causes of trouble

to but from the Subject 2. In that of Thorp as to those five persons it was not an absolute deniall of Justice it was not a damming up but a straitning onely of the Chanel For whereas the Judges ought Judicium reddere that is the Lawes being THE BIRTH-RIGHT and INHERITANCE OF THE SUBJECT the Judge when the parties in suit demand Judgment should re-dare freely restore the Right unto them now he doth not dare but vendere with hazard onely of perverting Justice for the party that buyes the Judgment may have a good and honest cause But these Opinions besides that they have cost the Subjects very dear dearer than any nay I think I may truly say than all the unjust Judgments that ever have been given in this Realm witnesse the many hundred thousand pounds which under colour of them have been levied upon the Subjects amounting to seven hundred thousand pounds and upwards that have been paid unto the Treasurers of the Navy in sundry years besides what the Subjects have been forced to pay Sheriffs Sheriffs Bailiff● and now an hundred times more to Troopers and Souldiers who forcibly levy their unlawfull Contributions and Excises though adjudged HIGH TREASON in Straffords case and proved such by Master St. John and otherwise which altogether as is conceived amounts not to lesse than a Million in five years space whereas we pay above two Millions in Taxes Imposts Excises every year besides the infinite vexations of the Subject by suits in Law binding them over and 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 by uncessant endlesse Taxes and Excises for by these opinions they have put upon themselves and their successors An impossibility of ever doing us right again and an incapacity upon us of demanding it so long as they continue As the Compilers of the late Instrument with 42 Strings intitled The Government of the Common Wealth of England c. Article 1 2 3 9 10 12 22 24 25 27 28 29 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 door 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 Pharoahs 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 wholy 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 Wils and by those who were intrusted and that VPON OATH with the preservation of these things for us The Laws are our Forts and Bulwarks of defence If the Captain of a Castle only out of fear and cowardice and not for any compliance with the enemy surrender it this is Treason as was adjudged in Parliament 1 R. 2. in the two Cases of Gomines and Weston and in the Case of the Lord Gray for surrendring 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 Seige and yet the losse of a CASTLE loseth not the Kingdom onely the place and adjacent parts with trouble to the whole But by these Opinions there is a Surrender made of all our Legall Defence of Property that which hath been Preacht is now judged that there is no Meum and 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 REFVGE Hereby it is become Templum sine Numine as as was the Temple built by the Roman 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 Privative in these Opinions there is somewhat Positive For now the Law doth not onely not defend us but the Law it self by temporizing 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 meanes the Sanctuary is turned into a Shambles the Forts are not slighted that so they might neither do us good or hurt But they are held against us by those who ought to have held them for us and the mouth of our own Canon 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 Master Oliver St. John by the Commons Order whose words I thought fit thus to transcribe at large because not only most pertinent but seasonable for the present times wherein as in a Looking Glasse some pretended Judges and Grandees of these present and late p●st times may behold their own faces and deformities and the whole Nation their sad condition under them In the residue of that Printed Speech he compares the Treason of the Ship-money Judges and of Sir Robert Tresylium and his Complices in the 11 of R. 2. condemned executed for Traitors by Judgment in Parliament for endeavouring to subvert the Laws 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 makes transcendent to theirs in six particulars as those who please may there read at leasure 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

exported or imported except the same be due by Grant IN PARLIAMENT shall incur the penalties and forfeitures OF A PREMVNIRE to the which the King gave his Royal Assent And to prevent any future prescription thereunto by the King they discontinued it for some time and then granted it specially from Month to Month or some short space with sundry limitations and the penalty of A PREMVNIRE if otherwise received by several New Acts of Parliament to which the King gave his assent These Acts the King himself in his Proclamation of the sixteenth of December in the eighteenth year of his reign stiles THE FENCES OF THE SVBJECTS PROPERTY received from Vs and understood by Vs as one of THE GREATEST GRACES THE CROWN EVER CONFERRED ON THE SVBJECT And by that Proclamation he prohibited all his Subjects both the paiment and receipt of any Monies for Customs or other Maritine Duties contrary to this Act by any Ordinance of both Houses of Parliament under pain of a PREMUNIRE and of being likewise proceeded against as ill-affected persons to the Peace of the Kingdome Whereupon the Lords and Commons in their answer to this Proclamation though they declared that the intent and meaning of that penall Clause of a PRAEMVNIRE and other Forfeitures in these new statutes which likewise disable every person Customer Officers who should take or receive or cause to be taken or received any such subsidy or imposition upon any Merchandize during his life to sue or implead any persons in any action reall mixt or personal in any Court whatsoever was only to restrain the Crown from imposing any duty or payment on the Subjects without their consent in Parliament and that it was not intended to extend to any case whereunto the LORDS and COMMONS GIVE THEIR ASSENT IN PARLIAMENT which they never did to this New White-hall Ordinance nor the pretended Act recited in it therefore the imposers and receivers of it by vertue thereof without such assent in Parliament are within the penalties of the aforesaid Statutes Yet to avoid the danger of a Praemunire in their Officers by exacting it only by an Ordinance of both Houses without a speciall Act of Parliament they did by their first Ordinances impose and demand Customes Tonnage Poundage and new Imposts not as a Legal Duty but only BY WAY OF LOANE til the Act of Parliament for their future continuance should be assented to by the King as their Declaration of 31 December 1642. and their Ordinance of the same date concerning the subsidy of Tonnage and Poundage attest By what coulor of Law Iustice Right this antient birth-right of all English Subjects so lately declared by three Acts of Parliament to which most of our late and present White-hall Grandees were parties comes to bee lost and forfeited by our contests to preserve it or how the Customes Imposts of Tonnage and Poundage can bee now imposed continued on or exacted from the Subjects by any Powers Officers or persons Whatsoever and levied by severest penalties Forfeitures Imprisonments Seisures by pretext of this White-hal Ordinance though no waies granted by common consent and Act of Parliament without incurring a Praemunire and forementioned penalties disabilities or without subverting the Fundamental Liberty Property Franchises Laws Statutes of the whole English Nation in a farre higher degree then ever in former ages I cannot yet discern and all our New Governours Merchants Customers Officers and other persons who have any Cordial affection Love Zeal to their own or the peoples hereditary Rights and Priviledges may do well to demurre in Law upon it till they can satisfy their own and other mens consciences therein to prevent the dangerous consequences of such an ill president to posterity In the Parliament of 1 H. 4. rot Parl. n. 32 33 34 36. These were the principall Articles of impreachment exhibited against King Richard the Second for which hee was forced to depose himself as unfit to Govern and resign up his Crown to King Henry the Fourth That whereas the King of England out of the profits of the Realm and the Patrimony belonging to his Crown might live honestly without oppression of his people so as the Kingdome were not burdened with the extraordinary expences of warre that this King during the Truces between the Realm and the Adversaries thereof gave and squandered away a great part of the Crown-Lands to unworthy persons and thereupon exacted almost every year so many Taxes and Grants of Ayde from his Subjects of the Realm that hee thereby GREATLY and TOO EXCESSIVELY OPPRESSED HIS PEOPLE TO THE IMPOVERISHING OF HIS REALM That the same King being unwilling to keep and defend the just Laws and Customes of his Realm and to do according to his pleasure whatsoever should suite with his desires frequently when the Laws of his Realm were expounded and declared to him by the Justices and others of his Council who requested him to administer Justice according to those Laws said expresly with an austere and frownning Countenance THAT THE LAWS WERE HIS more suo AFTER his own MANER and sometimes THAT THEY WERE IN HIS OWN BREAST and THAT HEE ALONE COULD ALTER and MAKE THE LAWS OF HIS REALM And being seduced with this opinion he permitted not Justice to be done to very many of his Leige people but compelled very many to cease from the prosecution of common Justice That when as afterwards in his Parliament certain Statutes were made which might always bind till they were specially repealed by another Parliament the same King desiring to enjoy so great Liberty that none of these Statutes might so binde him but that he might execute and do according to the pleasure of his own Will which hee could not do of right subtilly procured such a Petition to be presented to him in his Parliament in the behalf of the Commons of his Realm and to be granted to him in the general THAT HE MIGHT BE SO FREE AS ANY OF HIS PROGENITORS WERE BEFORE HIM By colour of which Petition and Grant he frequently did and commanded to bee done MANY THINGS CONTRARY TO THE SAID STATVTES NOT REPEALED GOING AGAINST THEM EXPRESLY and WITTINGLY AGAINST HIS OATH AT HIS CORONATION That although by the Statutes and Customs of his Realm in the summoning of every Parliament his people in every County of the Realm ought to be free to elect and depute Knights for the said Counties to sit 〈◊〉 Parliament both TO RECEIVE their GRIEVANCES and TO PROSECVTE REMEDIES THEREUPON AS IT SHALL SEEM EXPEDIENT TO THEM yet the said King that he might in his Parliament be able to obtain the effect of his rash Will frequently directed his Mandates to his Sheriffs that they should cause to come to his Parliament CERTAIN PERSONS NAMED BY THE KING HIMSELF AS KNIGHTS OF THE SHIRE Which Knights verily favouring the said King he might easily enduce as he frequently did sometimes by divers threats and terrors and sometimes by gifts TO CONSENT TO THOSE THINGS WHICH WERE VERY

can the new Modellers of our Government over and over who were parties to this Declaration then Members of the Commons House say so now or read this without blushing and self-abhorrence * Is not a superintendent power in the Army over above against the Parliament or People far more dangerous likely to introduce such an arbitrary Government in the Nation if lest in the General Officers or their Councels power * Did not the imposing a strange New Engagement and sundry arbitrary Committes of Indemnity c. int●r●upt it in the highest degree and the misnamed high Courts of Justice falsifie this whole clause * Exact Collect. p. 4. 12. 34. 61. 243. 260. 321. 500. 502. * See the humble Remonstrance against the illegall Tax of Ship-money briefly discussed p. 2. c. Englands Birth righ their Treatises The Declaration of Sir Thomas Fairfax and the Army under his Command tendered to the Parliament June 14. 1647. concerning the Just and Fundamental Rights and Liberties of the Kingdome * Walsingham Stow Holinshed Speed Grasion Trussel Baker in 5 R. 2. John Stows Survey of London p. 89. to 103 Mr. St. Johns Argument at Law at Straffords Attainller p. 14. * The Statutes at large Stow Holinshed Speed Grafton Baker Trussel in 10 21 R. 2. 1 H. 4. M. St. Johns Speech concerning the Ship-mony Judges p. 28. to 37. and argument at Law at Straffords Attainder * As some of late years have done * M. St. Johns argument at Law at Straffords Attainder p. 13 14 17. * Hall Fabian Holinshed Speed Grafto● Stow Martin Baker * And have not others of late assumed to themselves more Royal power than he resolved to be Treason by 21. ● 3. Rot. Parl. Cooks 3. Institut p 9. * To wit by Cade and his Confederates for the alteration of the laws * See Mr. St. Johns argument against Strafford p. 17. Halls Chronicle and Holinshed * Cooks 3. Institutes p. 9 10. * Cooks 4. Institutes c. 8. p. 89. to 96. * See Speed Hollinshed Grafton Stow Antiquitates Ecclesiae Brit. p. 378. 379. and Godwin in his life * Mr. St. Johns Argument against Strafford p. 14 15. * Cooks 3 Instit c. 1. p. 9 10. Mr. St. Johns Argument at law against Strafford p 15 16. * See the Journals of both Houses Act for his Attainder Mr. Pyms Declaration upon the whole matter of the Charge of High Treason against him Aprill 12. 1641. Mr. St. Johns argument at law at his Attainder and Diurnal Occurrences * See the Commons and Lords Journals his printed Impeachment Mr. Pyms Speech thereat Canterburies Doom p. 25 26 27 38 40. See Chap. 2. Proposition 1. * Do not others now do it who impeached and condemnedhim in an higher degree then he * Is it not so in the New Instrument Article 1. 2 3 4 5 9 10 12 13 16 21 22 24 25 26 27 28 29 30 31 32 33 34 37 38 39 40. 42. of our New Government and those that compiled and prescribed it to the 3 kingdoms * Are there not more such matters contained in the new Instrument of Government than in these * Have not arbitrary Committees in most places done the like or worse in many cases * Have not others done the like in an higher degree * See the Commons and Lords Journals Diurnal Occurrences p. 15 16 19 37 191 to 264. and Mr. St Johns Speech at a Conference of both Houses of Parliament concerning ship money these Judges Togegether with the Speeches of Mr Hide Mr. Waller M. Pe●rpoint M Denzill Hollis at their Impeachments July 6. 1641. aggravating their offences in Diurnal Occurrences and Speeches p. 237 to 264. * Now others presume to do it without writ of consulting with the judges who condemned it in them See c. 2 Proposition 1. * Have not others been sole Judges of it and other pretended dangers since Nota. * And are they not so now * And did not some at White-Hall do so of late and now too witnesse their volumes of new Declarations Edicts Ordinances there made * Have not others taken up such Principles in their practises proceedings even against Kings Kingdomes Parliament Peers as well as private persons Nota. * Note this all the whole Commons-House opinion then * Is not this an experimental truth now * And were they ever so base cowardly slavish as now * Was ever their power violence so unlimited unbounded in all kinds as now against Kings kingdoms Parliaments Peers People * Is it not most true of late and still Note * See Article 2 2 3 ● 5 10 11 12 13 16 21 22 24 25 26 27 28 29 30 31 32 33 39 p. 45 46. of the Government of the Common-wealth of England c. * Doth not the Declaration of 17 March 1648 and the Instrument of the new Government do it in the highest degree * And others as well as he of far inferiour place estate * But have not our times bred men much bolder than he since this speech was made and he executed * Since he hath many followers * p. 36. * Have none done so since them See Chap. 2. Proposition 1. * Have not other Pioneers and Judasses done the like * This is grown a meer Paradon of late years in Judges souldiers others * What are they now of late times of publike Changes * See 27 H. 8. c. 24. 26. Magna Charta c. 12. 29. 52. H. 3. c. 1 3 5 9 20. 3 E. 1. c. 44 45 46. 13 E. 1. c. 10 12 30 31 35 39 44 45. 25 E. 1. c. 1 2. 27 E. 1. c. 2 3. 34 E. 1. c. 6. 12 E 2. c. 6. 2 E. 3. c. 3. 14 E 3. c. 10. 16. Rastal Justices * Was it ever so frequent a sin as now in all sorts of late Judges Officers Subjects * Do none deserve as severe now * See Cookes 3. Institutes p. 146 147 and page 133. Holinshed page 284 285. Speeds History page 651. Stow Walsingham Daniel in 18 E. 1. * See Cooks 3. Instit p. 145. * Have none of this name or of this Function since done as bad or worse in an higher degree * Let Custodes Legum Libertatum Angliae and those now called Judges remember it * Let the Reporter and others now consider it * 1 Eliz. c. 1 3 Jac. c. 4. 7 Jac. c. 6. * This is nothing incomparison to the late Taxes Ship mony Excises imposed on the subjects without a Parliament amounting to above 20 times as much as the Kings Ship mony and more frequent uncessant and endlesse then it * Are we now beholding to it for any thing against the onely new Law of the longest sword Which takes imposeth what when and how much it pleaseth without accompt or dispute from all sorts and degrees of Persons and that by those who were commissioned trusted engaged by Oaths Protestations Vows League and Covenant to preserve our