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

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cloak their intentions from the people they took an Oath of all they met Quod Regi Communibus fidelitatem servarent that they should keep Allegiance and Faith to the King Commons Yea Wat Tyler demanded a Commission from the King to behead all Lawyers Escheaters and others whatsoever that were learned in the laws or communicated with the law by reason of their Office conceiving in his minde that this being brought to passe all things afterwards would be ordered according to his own and the common peoples fancy And he made his vaunt putting his hand to his own lips That before scure dayes came to an end ALL THE LAWS OF ENGLAND SHOULD PROCEED FROM HIS MOUTH Which some of late times seem to speak not only in words but deeds by their manifold new laws and Edicts repealing or contradicting our old This their resolution and attempt thus to alter and subvert the Laws and Government upon full debate in the Parliament of 5. R. 2. n. 30. 31. was declared to be High-Treason against the King and the Law for which divers of the chief Actors in this Treasonable Designe were condemned and executed as Traitors in severall places and the rest enforced to a publike submission then pardoned Let these imitators now remember this old President 2. In the Parliament of 11. R. 2. as appears by the Parliament Rols and printed Statutes at large three Privy Councellours the Archbishop of York the Duke of Ireland and the Earl of Suffolk the Bishop of Exeter the Kings Confessor five Knights six Judges whereof Sir Robert Tresylian Chief Justice was one Blake of the Kings Councel at Law Vsk and others were impeached and condemned of High Treason some of them executed as Traitors the rest banished their lands and goods forfeited and none to endeavour to procure their pardon under pain of Felony for their endeavouring to overthrow a Commission for the good of the Kingdome contrary to an Act of Parliament by force of Arms and opinions in Law delivered by these temporizing Judges and Lawyers to the King through threats and terrour at Nottingham Castle tending to subvert the Laws and Statutes of the Realm overthrow the Power Priviledges and proceedings of Parliament and betray not all the House of Lords but only some of the Lords of Parliament Which Judgement being afterwards reversed in the forced and packed Parliament of 21. R. 2. was reconfirmed in the Parliament of 1 H. 4. c. 3 4 5. and the Parliament of 21. R. 2. totally repealed and adnulled for ever and hath so continued Read Statut. at large 3. In the Parliament of 17 R. 2. n. 20. and Pas 17 R. 2. B. Regis Rot. 16. Sir Thomas Talbot was accused and found guilty of High Treason for conspiring the death of the Dukes of Glocester Lancaster and other Peers who maintained the Commission confirmed by Act of Parliament 10. R. 2 and assembling people in a warlike manner in the County of Chester for effecting of it in destruction of the estates of the Realm and the Laws of the Kingdome 4. In the 29. year of King Henry the sixth Jack Cade under a pretence to REFORM alter and abrogate some laws Purveyances and Extortions importable to the Commons whereupon he was called JOHN AMEND ALL drew a great multitude of Kentish people to Black-heath in a warlike manner to effect it In the Parliament of 29 H. 6. c. 1 this was adjudged High Treason in him and his Complices by Act of Parliament and the Parliament of 31. H. 6. c. 1. made this memorable Act against him and his Imitators in succeding ages worthy serious perusal and consideration by all who tread in his footsteps and over-act him in his Treasons Whereas the most abominable Tyrant horrible odious and errant FALSE TRAYTOR John Cade calling himself sometimes Mortimer sometime Captain of Kent which Name Fame Acts and Feats be to be removed out of the speech and minde of every faithfull Christian man perpetually falsly and traiterously purposing and imagining the perpetuall destruction of the KINGS PERSON and FINAL SVBVERSION OF THIS REALM taking upon him ROYALL POWER and gathering to him the Kings People in great number BY FALSE SVBTIL IMAGINED LANGVAGE and seditiously made a stirring Rebellion and insurrection VNDER COLOVR OF JVSTICE FOR REFORMATION OF THE LAWS OF THE SAID KING robbing slaying spoiling a great part of his faithfull people Our said Soveraign Lord the King considering the premises with many other which were more odious to remember by advice and assent of the Lords Spiritual and Temporal and at THE REQUEST OF THE COMMONS and by Authority aforesaid Hath ordained and established that the said John Cade shall be had named and declared A FALSE TRAYTOR to our said Soveraign Lord the King and that all his Tyranny Acts Feats false Opinions shall be voided abated adnulled destroyed and put out of remembrance for ever And that all Indictments and things depending thereof had and made under the power of Tyranny shall likewise be void adnulled abated repealed and holden for none and that the blood of none of them be defiled nor corrupted but by the Authority of the said Parliament clearly declared for ever And that all Indictments in time coming in like case under power of Tyranny Rebellion and stirring had shall be of no regard or effect but void in Law And all the Petitions delivered to the said King in his last Parliament holden at Westminster the sixth day of November the 29. of his Reign against his minde by him not agreed shall be taken and put in Oblivion out of Remembrance undone voided adnulled and destroyed for ever as a thing purposed against God and his Conscience and against his Royal estate and preheminence and also DISHONORABLE and UNREASONABLE 5. In the 8 year of King Henry the 8. William Bell and Thomas Lacy in the County of Kent conspired with Thomas Cheney the Hermite of the Queen of Fairies TO OVER THROW THE LAWS AND CUSTOMS OF THE REALM for effecting whereof they with 200 more met together and concluded upon a course of raising greater forces in Kent and the adjacent Shires This was judged High Treason and some of them executed as Traitors Moreover it was resolved by all the Judges of England in the reign of Henry 8. that an Insurrection against the Statute of Laborers or for the inhansing of Salaries and wages or against any Statute or to remove Councellors or to any other end pretending Reformation of their own heads was TREASON and a levying war against the King BECAVSE IT WAS GENERALLY AGAINST THE KINGS LAW and the Offenders took upon them THE REFORMATION THEREOF which Subjects by gathering of power ought not to do 6. On December 1. in the 21. year of King Henry the 8. Sr. Thomas Moore Lord Chancellour of England with fourteen more Lords of the Privy Councel John Fitz-James Chief Justice of England and Sir Anthony Fitz-Herbert Herbert
as he shall depute or by his command shall be deputed to keep the peace within the said places and also except the Kings servants according to the Statute of Northampton And it is not the intention of our Lord the King that any Earl or Baron may not have his Lance brought to him in any place but onely in the Kings presence and in the place of Councell The like Proclamations were made in the beginning of the Parliaments of 9. 1● 17 18. 20 25 ●dw 3. and sundry others more necessary to be revived in all succeeding English Parliaments now than ever heretofore since the unpresidented forces upon the late Members of both Houses and the Parliament it self by the Army-Officers and Souldiers raised to defend them from Violence The Treasonablenesse and Transcendency whereof being at large related in my Epistle to the Reader before my Speech in Parliament 4 December 1648 I shall not here criminally presse nor insist on but referred them thereunto However for the future security and freedome of our Parliaments from violence I must crave liberty to inform these Army Parliament drivers forcers dissolvers habituated to this trade That if the late Kings march to the House of Commons accompanied only with some of his Pensioners and others armed with Pistols and Swords meerly to demand but five Members thereof to be delivered up to Justice particularly impeached by him of High Treason some dayes before to wit That they had traiterously endeavoured to subvert the Fundamental Laws and Government of this Kingdome To deprive the King of his Royal power To place over the Subjects an Arbitrary and Tyrannical power To subvert the very Rights and being of Parliaments and by force and terrour to compell the Parliament to joyn with them in their designs for which end they had actually raised and countenanced Tumults against the King and Parliament Or if the Kings bare tampering with some Officers of his own Northern Army to draw a Petition from them to the Houses or march towards London from their quarters not to seise upon force or dissolve the Parliament or its Members but only to over-aw them and impeach the freedom of their debates Votes touching Episcopacy Church-Government and the Kings Revenues were such high transcendent violations of the Priviledges and Freedome of Parliament and unsufferable injuries as both Houses of Parliament separately and joyntly proclaimed them to all the world in severall Declarations during his life Or such capitall crimes as those who condemned and executed him for a Traytor and Tyrant have published in their Declaration of 17 March 1648. touching the grounds of their proceedings against him and setling the Government in the way of a Free State without King or House of Lords since his beheading in these very words But ABOVE ALL the English army was laboured by the King to be engaged against the English Parliament a thing of that strange in piety and unnaturalness for the King of England that nothing can answer it but his being a Forraigner neither could it have easily purchased belief but by his succeeding visible actions in full pursuance of the same as the Kings comming in Person to the House of Commons to seise the five Members whither he was followed with some hundreds of unworthy debauched persons armed with swords and pistols and other arms and they attending him at the door of the House ready to execute what the Leader should command them Which they charged against the King as the highest of his unparralleld Offences for which they appeal to all the world of indifferent men to judge whether they had not sufficient cause to bring him to Justice Though neither he nor his followers then seized secured secluded injured any one Member when they thus went to the Commons House Yea presently retracted his Impeachment and offered all satisfaction that should be desired by the House for this breach of Privilege and though neither the Northern Army nor their Officers ever advanced towards or offered the least violence to the Houses or their priviledges by Petition or otherwise Then certainly the Parliaments own Armies Officers Counsels manifold high printed Declarations of June 14. 23. July 7. Aug. 18. 1647. Nov. 16. Decemb 7. 1648. and others before and since their professed open Oppositions Impeachments against the very Proceedings Votes Orders Ordinances Members of both Houses of Parliament which first raised them principally for their defence Printed by their order in their Book of Declarations The History of Independency and my Speech in Parliament their Impeachment of eleven Members of the House of Commons and sundry Lords at once their securing of above 40 and secluding of above five parts of six of the whole House of Commons at once their avowed marches with the whole Body of the Army in Ba●talia severall times to force the Houses seise their Members over-aw affright dis-member dissolve the Parliament it self and their own new erected Junctoes since and justification of it to all the world in print in their humble Answer touching the secured and secluded Members Jan. 3. 1648. The true state of the case of the Commonwealth of England 1654. and their Declarations concerning their dissolution of their two Junctoes after these Misdemeanours of the King without the least repentance for them must needs be farre more execrable unwarrantable and criminal than the Kings and deserve a severer censure than his Peccadilioes in respect of their crimes And if by the whole Armies printed Remonstrances August 2. and 18. 1647. the tumult of some unarmed London Apprentices who offered some small force to the Houses to the violation of their Priviledges without securing or secluding any one Member deserved a speedy and exemplary capital proceeding against the principal contrivers and Actors in it as they then declared and vehemently urged again and again in those Remonstrances Or if by their own Charge in the Name of the whole Army June 14. 1647. against the XI Members it was so high an offence in them That they joyntly or severally invited encouraged abetted or countenanced several Reformadoes and OTHER OFFICERS AND SOULDIERS TVMVLTVOVSLY AND VIOLENTLY TO GATHER TOGETHER AT WESTMINSTER TO AFFRIGHT ASSAULT THE MEMBERS OF PARLIAMENT IN PASSAGES TO FROM THE HO●SE TO OFFER VIOLENCE TO THE HOUSE IT SELF BY SVCH VNRVLY OVTRAGES THREATS TO AWE AND INFORCE THE PARLIAMENT And that upon their bare suggestion thereof without any proof at all or colour of truth they presently demanded That the persons impeached MIGHT BE FORTHWITH SECLVDED FROM SITTING IN THE HOVSE and removed thence before any hearing or trial which the Officers and Army eagerly pressed in their Paper of June 15. 1647. Nay if by their own late printed Instrument of the Government of the Commonwealth of England c. Articles 14. 16. All and every person and persons who have aided advised assisted or abetted in any war against the Parliament since the first day of
PREJVDICIAL TO THE REALM and VERY BVRDENSOME TO THE PEOPLE and specially TO GRANT TO THE SAID KING A SUBSIDY FOR CERTAIN YEARS TO THE OPPRESSING OF His People overmuch That although the Lands and Tenements Goods and Chattels of every Freeman by the Laws of the Realm used in all former ages past ought not to be seized unless they had forfeited Yet notwithstanding the said King purposing endeavouring to enervate these Laws in the presence of very many of the Lords and Commons of this Realm frequently said and affirmed That the Life Lands Tenements Goods and Chattles of every one of his Subjects are at his will and pleasure without any Forfeiture by the known Laws which is altogether contrary to the Laws customs of the Realm aforesaid Whether all these high Misdemeanors charged against King Richard have not been revived and acted over and over both by words and deeds in a farre higher degree than ever he was guilty of them by some late present Whitehall Grandees Army-Officers New Instrument-makers Legitors and Imposers of Excises Customs Imposts Tonnage Poundage Contributions for many years yet to come and of that constant Annual Revenue projected intended by them in their 27 Article I remit to their own judgements consciences and our whole Kingdom to resolve and what they demerit for such extravagant high offences for which he lost Crown and Regal power let others determine The 3. particular is their late incumbent Imposition of 6. Moneths new Contribution by a meer Self-enacted Whitchall Jurisdiction without any consent grant in or by the People in Parliament by that they intitle An Ordinance of the 8. of ●une 1654. beginning thus in a most imperial Stile transcending all former Acts of Parliament granting or imposing any Subsidies without any Prologue to sweeten it or court the people to its ready payment Be it Ordained and Enacted by his Highness the Lord Protector with the consent of his Council and it is hereby Ordained That towards the maintenance of the Armies and Navies of this Commonwealth An Assessement of one Hundred and Twenty Thousand Pounds per Mensem for Three Monethe commencing the 24 of Iune 1654 and ending the 29 of Sept. following shall be Taxed Levied Collected and Paid in England and Wales in such sort as is hereafter expressed The full sum of the said Three Months Assessment of One hundred and twenty thousand pounds by the Month to be at once wholly collected and paid in to the Receivers Generall at or before the tenth day of October next c. The Levying thereof upon the refusers hath been by distress of Goods by Souldiers Troopers and quartering them on the refusers till payment and double the value many times paid to and exacted by the Souldiers for their pains adjudged even by some of our New Grandees Votes who prescribe such Taxes and wayes of levying them to be No less then High Treason and levying Warre in Straffords case for which principally he was condemned and lost his head on Tower Hill as a Traytor In this New Whitehall Tax without a Parliament intended as a leading President to bind the whole Nation in perpetuity if now submitted to as the 27 Article intimates there is a double violation subversion of the Fundamental Laws and Properties of the Nation in the Highest degree The first is by the reviving imposing of Ship-mony on the whole Realm and all Inland Counties as well as Maritine for the Maintenance of the Navies by Sea which should be maintained only by the Customs and that in a farre higher proportion than the Shipmony imposed by Writs by our late beheaded King amounting to no less than Forty thousand pounds per Mensem at last by way of Contribution alone besides the Customs Tonnage Poundage and Excise paid towards it This Imposition of Shipmony by the late King though ratified with the advise and consent of his Council many colourable Presidents Records in all former ages and the precedent Resolution of all his Iudges under their hands as just and legally imposed in case of Necessity and Publike danger only without consent in Parliament together with the Iudgement and Proceedings of the Iudges in the Eschequer Chamber in justification thereof were in the last Parliament after solemne debate by the Votes and Iudgements of both Houses on the 20. Ian. and 26 February resolved Nemine contradicent● To be contrary to the Laws and Statutes of this Realm contrary to the Rights and Properties of the Subjects of this Realm contrary to former Iudgements in Parliament contrary to the great Charter and to the Petition of Right and voted to be so declared by the Iudges at the Assizes in the severall Counties the same to be entred and inrolled in the severall Counties by the Clerks of the Assises After which it was for ever damned by a special Act of Parliament to which the King himself gave his Royal assent afterwards cited and enforced by both Houses Exact Collection p. 886. 887. in the case of the Array And those Iudges who argued That the King might lawfully impose Shipmony on the Subjects without a Parliament in cases of Danger and Necessity of which they affirmed him to be the sole Iudge were by all impeached by the House of Commons of High Treason for these Opinions of theirs whereby they trayterously and wickedly endeavoured to subvert The Fundamental Laws and established Government of the Realm of England and instead thereof to set up an Arbitrary and Tyrannical Government against Law of which at large before How any present Powers or Persons then can either impose justify levy enforce it upon any Pretext of Necessity or publique Danger on the whole Nation after all these late Resolutions Iudgements Votes Impeachments and a special Act of Parliament so fresh in memory especially such who were parties to them without incurring the self-same Impeachments and guilt as these Ship-mony Iudges did or a severer Censure then they sustained let their own Conscsences and those who may on● day prove their Iudges resolve them at leasure being past my skill to doe it The 2. is By the imposing of a direct heavy Tax Tallage and Monthly contr●bution and that only for the Maintenance of such a Land Army which hath offered force unto the Members of both Houses subverted destroyed that Parliament Government Laws Libertie for whose preservation they were specially raised Commissioned engaged without yea against the Peoples assent in Parliament which no King of England with the advice and consent of his Council had ever any Right or Power to doe or audacity enough to attempt no not William the Conqueror C●nute Henry the 4th Edward the 4th or Henry the 7th who came principally by power of the Sword to their Soveraign Regall Authorities By what Justice Power Legal Right any other person or persons whatsoever who are neither rightfull Kings nor Parliaments of England in their own or others repute can either impose levy exact such
excommunicate but judicially to suspend mulct with temporal penalties depose dethrone PVT TO DEATH and destroy any Christian Emperours Kings Princes Potentates by open Sentence War Force secret Conspiracies or private assasinations and to give away their Crowns and Dominions to whoever will invade them by Treason or Rebellion at the Popes command and that in cases of Heresie Schisme Disobedience to Rebellion against the Pope or See of Rome Male-administration refusal to defend the Pope or Church against her adversaries Insufficency to Govern Negligence Tyranny Excesses Abuses in Gove●nment Incorrigibility Vitiousness of Life and NECESSITY OF THE PUBLICK GOOD OR SAFETY OF THE CHURCH STATE OR CAVSE OF GOD as Antonius Sanctarellus the Jesuite particularly defines in his Book De Haeresibus Schismatibus c. printed in Rome it self Anno 1625. who affirms it to be Multum aequum Reipublicae expediens ut sit aliquis supremus Monarcha qui Regum hujusmodi excessus possit corrigere DE IPSIS IVSTITIAM MINISTRARE sicut PETRD concessa fuit facultas PVNIENDI PAENA TEMPORALI imo etiam PAENA MORTIS DICTAS PERSONAS AD AL●●●VM COKKEECMIONEM ET EXEMPLVM Whether the Erection Title of or Proceedings against our beheaded King in the late mis-named High Court of Justice had not their original from hence and whether the Army-Officers derived not their very phrase of bringing the King TO IVSTIEE with their pretended NECESSITY OF PVBLICK GOOD AND SAFETY for it from these very Jesuites or their Agents in the Army let themselves the whole Kingdom and all Wisemen now consider Moreover some of the fifty Authors as Creswel or Parsons the English Jesuite in his Philopater Sect. 2. and De Officio Principis Christiani chap. 5. affirm That the whole School both of their Divines and Lawyers make it a Position certain and undoubtedly to be believed That if any Christian Prince whatsover shall manifestly turn from the Roman Catholick Religion or desire or seek to reclaim others from the same or but favour or shew countenance to an Heretick as they deem all Protestants and Dissenters from the See of Rome in any punctilio such HE PRESENTLY FALLETH FROM LOSETH AL PRINCELY POWER Dignity that By Vertus Power OF THE LAW IT SELF BOTH DIVINE AND HVMANE EVEN BEFORE ANY SENTENCE PRONOVNCED AGAINST HIM BY THE SVPREAM PAS●OR AND IVDGE That thereby his Subjects are absolved from ALL OATHES AND BONDS OF ALLEGIANCE TO HIM AS TO THEIR LAWFUL PRINCE Nay THAT THEY MAY AND OVGHT PROVIDED THEY HAVE COMPETENT POWER AND FORCE TO CAST OVT SVCH A PRINCE FROM BEAKING RVLE AMONGST CHRISTIANS as an Apostate an Heretick a Back-slider a Revolter from our Lord Jesus Christ AND AN ENEMY TO HIS OWN ESTATE AND COMMONWEALTH lest perhaps he might infect others or by his example or command turn them from the faith And that the Kingdom of such an Heretick or Prince is to be bestowed at the pleasure of the Pope with whom the people upon pain of Damnation are to take part and Fight against their SOVERAIGN Out of which detestible and Treasonable Conclusions most Treasons and Rebellions of late time have risen in the Christian World and the first smoke of the Gunpowder-treason too as John Speed observes in his History of Great Britain p. 1250. Whereupon the whole University of Paris censured them An. 1625 and 1626. not onely as most pernioious detestable damnable erroneous and perturbing the publick Peace but likewise as Subversive of Kingdoms States and Republicks seducing Subjects from their Obedience and subjection and stirring them up to Wars Factions Seditions Principum parricidia and the Murthers of their KINGS 2. That the Jesuites have frequently put these Treasonable Seditious Antimonarchical Jesuitical damnable Doctrines into practice as well against some Popish as against Protestant Kings Queens Princes States which they manifest 1. By their poysoning Jone Albreta Queen of Navarre with a pair of deadly perfumed Gloves onely for favouring and protecting the Protestants in France against their violence Anno. 1572. 2. By their suborning and animating James Clement a Dominican Frier to stab King Henry the third of France in the belly with a poysoned Knife whereof he presently died Anno. 1589. for which they promised this Traytor a Saintship in heaven Pope Sixtus the fifth himself commending this foul Fact in a long Oration to his Cardinals as Insigne memorabile sacinus non sine Dei Opt. Max. particulari providentia dispositione ET SPIRITUS SANCTI SUGGESTIONE DESIGNATUM facinusque longe majus quam illud S. Judith quae Holofernum è medio sustulit 3. By Cammolet the Jesuites publick justification of this Clement in a Sermon at Paris Anno 1593. wherein he not only extolled him above all the Saints for his Treason against and murder of Henry the 3. but broke out likewise into this further Exclamation to the people We ought to have some Ehud whether it be a A Monke or A Souldier or a Varlet or at least a Cow-herd For it is necessary that at least we should have some Ehud This one thing onely yet remains behinde for then we shall compose all our Affairs very well and at last bring them to a destred end Whereupon by the Jesuites instigation the same yeer 1593. one Peter Bariere undertook the assasination of King Henry the 4 of France which being prevented and he executed thereupon they suborned and enjoyned one of their own Jesuitical Disciples John Castle a youth of 19 yeers old to destroy the King who on the 27 of December 1594. intending to stab him to the heart missing his aim wounded him onely in the cheek and stroke out one of his teeth for which Treasonable act he was justified applauded as a renowned Saint and Martyr by the Jesuites in a printed Book or two published in commendation of this his undertaking As namely by Bonarscius the Jesuite in his Amphitheatrum Franciscus Verona Constantinus a Jesuite in his Apologiapro Iohanne Castello contra Edictum Parliamenti supplicium de eo ob Parricidium sumptum An. 1595. Where he thus writes of the attempt upon Hen. 4. Whosoever diligently ponders that Henry was excommunicated an Heretick relapsed a prof●ner of holy things a declared publick enemy an oppressor of Religion and thereupon a person secluded from all right to the Kingdom and therefore a Tyrant not a King an Vsurper not a lawful Lord he verily unless he be mad and destitute of humane sence and love towards God the Church and his Country cannot otherwise think or speak but that the fact of Castle was generous conjoyned with Vertue and Heroical to be compared with the greatest and most praise-worthy facts which the ancient Monuments of Sacred and Prophane Histories have recorded One thing onely may be disliked namely That Castle hath not utterly slain and taken him from the midst of us In sum He denies this Henry to be any King of France by right
Bull the Jesuites after her decease disswaded the Romish-minded Subjects from yielding in any wise obedience to King James as their Soveraign and entr●d into a Treasonable Conspiracy with the Lord Cobham Lord Gray and others against him to imprison him for the ends aforesaid or destroy him pretending that King Iames was no King at all before his Coronation and that therefore they might by force of Arms lawfully surprise his person and Prince Henry his Son and imprison them in the Tower of London or Dover-Castle till they inforced them by duress to grant a free toleration of their Catholick Religion to remove some evil Counsellors from about them and to grant them a free Pardon for this violence or else they would put some further project in execution against them to their destruction But this Conspiricy being discovered The Traytors were apprehended arraighned condemned and Watson and Clerk two Jesuited Priests who had drawn them into this Conspiracy upon the aforesaid Pretext with some others executed as Traytors all the Iudges of England resolving that King Iames being right Heir to the Crown by descent was immediately upon the death of Queen Elizabeth actually possessed of the Crown and lawful King of England before any Proclamat●on or Coronation of him which are but Ceremonies as was formerly adjudged in the case of Queen Mary and Queed Iane 1 Mariae there being no Interregnum by the Law of ENGLAND as is adjudged declared by Act of Parliament 1 Iac. c. 1. worthy serious perusal 8. their horrid Gun-powder Treason Plot contrived fomented by Garnet Superiour of the English Jesuites Gerard Tensmod and other Jesuites who by their Apostolical power did not onely commend but absolve from all sin the other Jesuited Popish Conspirators and Faux The Sculdier who were their instruments to effect it Yea the Jesuitical Priests were so Atheistical as that they usually concluded their Masses with Prayers for the good success of this hellish Plot which was suddenly with no less then 36 Barrels of Gunpowder placed in a secret Vault under the House of Lords to have blown up and destroyed at once King James himself the Queen Prince Lords Spirituall and Temporal with the Commons assembled together in the Upper-House of Parliament upon the 5 of November Anno Dom. 1605. and then forcibly to have seised with armed men prepared for that purpose the persons of our late beheaded King then Dake of York and of the Lady Elizabeth his Sister if absent from the Parliament and not there destroyed with the rest that so there might be none of the Royal Line left to inherit the Crown of England Scotland and Ireland to the utter overthrow and subversion of the whole Royal Family Parliament State and Government of this Realm Which unparallel'd inhumane bloody Plot being miraculously discovered prevented the very day before its execution in perpetual detestation of it and of the Jesuites and their traiterous Romish Religion which both contrived and approved it the 5 day of November by the Statute of 3 Jacobi ch 1. was enacted to be had in perpetual Remembrance that all Ages to come might thereon meet together publickly throughout the whole Nation to render publick praises unto God for preventing this infernal Jesuitical Design and keep in memory this joyful Day of Deliverance for which end special forms of publick Prayers and Thankesgivings were then appointed and that Day ever since more or less annually observed till this present And it is worthy special observation that had this Plot taken effect It was agreed by the Jesuites and Popish Conspirators before-hand That the Imputation of this Treason should be cast upon the Puritans to make them more Odious as now they father all the Powder-Plots of this kinde which they have not onely laid but fully accomplished of late yeers against the King Prince Royal Posterity the Lords and Commons House our old English Parliaments and Government upon those Independents and Anabaptistical Sword-men whom they now repute and stile the most reformed PURITANS who were in truth but their meer under Instruments to effect them When as they originally laid the Plots as is clear by Campanella's Book De Monarchia Hisp ch 25. and Cardinal Richelieu his Instructions at his death to the King of France And it is very observable that as Courtney the Jesuite Rector of the English Jesuites Colledge at Rome did in the year 1641. when the name of Independents was scarce heard of in England openly affirm to some English Gentlemen and a Reverend Minister of late in Cornwal from whom I had this Relation then and there feasted by the English Jesuites in their Colledge That now at last after all their former Plots had miscarried they had found out a sure way to subvert and ruine the Church of England which was most formidable to them of all others by the Independents who immediately after by the Jesuites clandestine assistance infinitely encreased supplanted the Presbyterians by degrees got the whole power of the Army and by it of the Kingdom into their hands then subverted both the Presbyterian Government and Church of England in a great measure with the Parliament King and his Posterity as Monsieur Militiere a Jesuited French-Papist observes So some Independent Ministers Sectaries and Anabaptists ever since 1648. have neglected the observation of the fifth of November as I am credibly informed and refused to render publick thanks to God for the deliverance thereon contrary to the Act for this very reason which some of them have rendered That they would not mock God in publick by praising him for delivering the late King Royal Posterity and House of Lords from destruction then by Jesuites and Papists when as themselves have since destroyed and subverted them through Gods providence and repute it a special mercy and deliverance to the Nation from Tyranny and Bondage for which they have cause to bless the Lord Performing that for the Jesuites and Powder-Traytors which themselves could not effect The Lord give them grace and hearts to consider how much they acted the Jesuites and promoted their very worst Designes against us therein what infamy and scandal they have thereby drawn upon all zealous Professors of our Protestant Religion and what will they do in the end thereof 9. To omit all other Forraign instances cited in Speculum Jesuiticum p. 124 to 130. where you may peruse them at leisure By their poysoning King Iames himself in conclusion as some of them have boasted 10. By the Popes Nuntio's and a Conclave of Jesuites Conspiracy at London Anno 1640. to poyson our late King Charles himself as they had poysoned his Father with a poysoned Indian Nut kept by the Jesuites and shewed often by Conne the Popes Nuntio to the Discoverer of that Plot or else to destroy him by the Scotish wars and troubles raised for that very end by the Jesuites in case he refused to grant them a
King was Ingaged in the wars against the Scots with certain prayers added For their good success in that Designe against the Scots For the more effectuall carrying on whereof the Popes Nuncio with the Colledge of Jesuites then in Queen-street secretly summoned a kind of Parliament of Roman Catholicks and Jesuites in London out of every County of England and Wales in which Conne the Popes Nuncio sate President by the Queens commission and direction in April 1639. Who granted and collected an extraordinary large Contribution by way of Subsidy from the Papists to carry on this war against our Protestant Brethren of Scotland and raise forces to joyne with the Spainards whom they then expected to cut the English Protestants throats The Jesuitical and Prelatical Popish party much displeased with the defeat of this their Plot by the unexpected Pacification with the Scots 1639. induced the King soon after to break and revoke it Anno 1640. the very year of the Jesuites Jubilee which they solemnized in all places being the 100. yeer from the first Erection of their Order by Ignatius Anno 1540. they caused a new Army to be raised and sent into the North against the Protestants of Scotland to subdue destroy them At the same time they secretly listed an Army of no less then 7000. Romish Catholickes kept in private pay of purpose To cut the Protestants throats who should resist them and to Conquer the Protestants in England first and then in Ireland which Designe they were to put in execution when the Pope or his Legat with the Spanish French and Venetian Ambassadours should appoint who designed them to begin to execute it When the King went into Scotland against the Scots as O Conner the Queen-Mothers Priest confessed to Anne Hussey who justified it to the Lords of the Councel then and afterwards before the Lords in Parliament upon her Oath The Jesuites were so confident of the good success of their designes amongst us and compleat Victory over all the Protestants throughout the world this yeare of their Jubilee making Triumph over their Enemies one of their Notes of the true Church that they appointed a solemne Enterlude to be acted by their Society in the publique Hall at Aquisgran in Germany in honour of their Jubilee wherein they signified to the people by printed Tickets and Pageants that the Popish Church of Rome should be brought in upon the Stage happily fighting against triumphing and reigning over all her enemies every where throughout the world in all ages till that present day and especially of later times by their meanes The beginning of this Enterlude being happily acted and succeeding according to their mindes at last there were two Armies of soldiers brought by them upon the Stage ready to encounter each other the one of Jesuites and Papists fighting for the Church of Rome the other representing the Protestants warring against her Before their fight a Jesuitical actor clad in black personating a Popish Masse-Priest divineth good success to the Popish Army praying for it with an affected devotion and solemne invocation or rather profanation of Gods name after which the Popish Army of actors as being certain of the instant victory uttered these words to their Captain as their parts directed them with a loud reiterated voyce and shout Pereat Pereat Quisquis est hostis Ecclesiae Let him perish let him perish whoever is an enemy of the Church whereupon a great part of the Stage on which they acted together with the whole Popish Army not one Souldier or Captain excepted at the repeating of these words and wishes fell to the ground immediately with so great celerity that many of them felt they were fallen down before they discerned themselves to fall their feigned enemies of the Church representing the Protestants standing all fast at least in place if not in mind on the other part of the Stage which fell not at all With this sudden fall many of the Popish Army were bruised in peeces with the beames of the Stage falling upon them who through pain and horror needed Monitors to silence their outcries others having their bones broken and Limbes put out of joynt were carried to the Chirugions to be dressed and all the rest confounded with shame crept away secretly under the Veile to their Lodging And so this Jesuitical Enterlude by divine justice ended in a real unexpected bloody Tragedy and real rout of the whole pretended victorious Popish Army of Jesuites and the Scotish Wars that yeer which they so much depended on through Gods mercy concluded in a blessed Peace and Union between both Nations Whereupon the Irish Popish Rebels by the Jesuites Plots and instigations seconded with secret encouragements and promises of assistance with Arms and Moneys from Cardinal Richliou the King of Spain Pope and other forraign Popish Princes undertook the late horrid bloody Massacre of all the Protestants in Ireland and surprisal of all the Forts Castles Arms and Ammunition therein on the 23 of October 1641. being Ignatius day the Founder and New Canonized Saint of the Jesuited Society for the greater Honour of their Patron Order they being the chief Plotters of this horrid bloody Treason Which horrid Conspiracie though happily discovered the night before its execution at Dublin and some few places else yet it took effect in most other parts of Ireland to the slaughter of neer two hundred thousand Protestants there in few months space seconded with a bloody Warre for sundry years to the losse of many thousands more lives To this Plot all the Papists in England were privy who intended the like Massacre in England and soon after by the Popes and Jesuits instigations by the assistance of sorragin Popish Princes they eugaged the King and Parliament in a long-lasting bloody uncivill unchristian war against each other concluding in the Kings and Parliaments joynt ruines by an Army raised for their mutual defence seduced thereunto through the Jesuits instigations and policies After which they engaged the Protestants of England and Scotland formerly united by the strictest B●nds and Covenants against them to war upon invade and destroy each other by land and soon after that by the Spanish Agents Assistance raised a most dangerous bloody Warre between our Protestant old Allies of the Neitherlands and the English by Sea to the infinite dammage prejudice of both and the effusions of whole Oceans of the Gallantest Christian Protestant blood that ever yet was shed the expence of more treasure and men in these intest●●e Wars than would have conquered all Spain Italy and the Indies had they been imployed upon such a designe and to the entailing of a perpetuall Army on us and our Posterities more ready as we have of late years found by sad experiments to hearken to the Jesuits clandestine suggestions ●eductions and execute their fore-plotted Designes to ruine our Kingdomes Parliaments Laws Liberties Monarchy
illis annis afficerint Praeterea suspicionem cis incu●iat fore ut Jacobus CAEDEM MATERNAM VINDICATURUS SIT c. Exasperandi sunt etiam animi Episcoporū Presbyterorū Anglicorum proponendo illis REGEM SCOTIAE Calvinismum amplexum esse SPE CUPIDITATE REGNI ADACTUMQVE VI A BARONIBUS HAERETICIS quod si vero Regnu● Angliae etiam ●btineat TVM ILLVM CITO PRIOREM RELIGIONEM REVOCATURUM ESSE qùandoquidem non solum MARIA EJVS MATER moriens virum etiā REX IPSE GALLIARVM SVMMOPORE EI RELIGIONEM CATHOLICAM COMMENDARINT c. yet now transcribed almost verbatim out of Thomas Campanella who suggested it against King James to alienate the English from him keep him from the Crown very freshly by the Authors of The True state of the Case of the Commonwealth c. p. 48 49. objected against the present King of Scots and royal Issue to deprive him and them from the Crowne of England and engage the whole English Nation against their Title to vest it in some other Family in greatest power Or if these projects should fail then by dividing us into many Kingdoms or Republicks dislinct one from another and by sowing the seeds of Schisms and making alterations and innovations in all Arts Sciences and our Religion The old Plots of Campanella Parsons and late designs of Cardinal Richelieu of the Pope Spaniard Jesuites to undo subvert our Protestant Churches Kings Kingdoms and Religion as the marginal Authors irrefragably evidence yet all visibly set on foot yea openly pursued and in a great measure accomplished by some late nay present Grandees and Army-Officers who cry up themselves for our greatest Patrons Preservers Deliverers and Anti-Jesuits when they have rather been but the Jesuites Popes Spaniards and other Forraign enemies instruments and factors in all the late changes new-models of our Government Parliaments pretended reformations of our laws and Religion through inadvertency circumvention or self-ended respects as many wise and godly men justly fear For prevention whereof I shall recommend to the whole Kingdoms serious consideration the memorable Preamble of the Statute of 25 H. 8. c. 22. discovering the like Plots of the Pope and our Forraign Enemies to 〈…〉 to prevent them for the future in these ensuing words In their most humble wise shewen unto your Majesty Your most humble and obedient Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament assembled that since it is the natural inclination of every man gladly and willingly to provide for the surety both of his Title and Succession although it touch his only private cause We therefore most rightful and dreadful Soveraign Lord reck●n our selves much more bounden to beseech and instant your Highness although we doubt not of your Princely heart and wisdom mixed with a natural affection to the same to foresee and provide for the perfect surety of both you and of your most lawful Succession and heirs upon which dependeth all our joy wealth in whom also is united and knit the only meer true inheritance and title of this Realm without any contradiction Wherefore We your said most humble and obedient Subjects in this present Parliament assembled calling to our mind the great divisions which in times past have been in this Realm by reason of several Titles pretended to the Imperial Crown of the same which sometimes and for the most p●rt ensued by occasion of ambiguity and doubts then not so perfectly declared but that men might upon froward intents expound them to every mans sinister appetite and affection after their sence contrary to the right Legality of the Succession and Posterity of the lawfull Kings Emperors of this Realm whereof hath ensued great effusion destruction of Mans blood as well of a great number of the Nobles as of other Subjects and specially Inheritors in the same And the greatest occasion hath been because no perfect substantial provision by law hath binmade within this realm it self when doubts and questions have been moved proponed of the certainty legality of the Succession posterity of the Crown By reason whereof The Bishop of Rome See Apostolick contrary to the great and inviolable grants of Jurisdictions By God immediatly to Emperours Kings Princes in succession to their heirs hath presumed in time past to invest who should please them to inherit in other mens Kingdoms Dominions which thing we your most humble Subjects both Spiritual and Temporal do most abhor detest And sometimes other forraign Princes and Potentates of sundry degrees minding rather dissention discord to continue in the realm to th'utter desolatiō therof then charity equity or unity have many times supported wrong titles wher by they might easily facilly aspire to the Superiority of the same the continuance sufferance whereof deeply considered pondered were too dangerous and perillous to be suffered any longer within this Realm too much contrary to the unity peace and tranquility of the same being greatly reproachful and dishonourable to the whole Realm In consideration wherof your said most humble and obedient Subjects the Nobles and Commons of this Realm calling further to their remembrance that the good unity peace and wealth of this Realm and the succession of the Subjects of the same Most specially principally above all wordly things consisteth and resteth in the certainty and surety of the procreation posterity of your Highness in whose most royal person at this present time is no manner of doubt or question Do therefore most humbly beseech your Highnes c. to declare the establishment of the successiō of your royal posterity in the Imperial Crowns of this realm as he and they did by this other succeeding acts of Parl. in 1 Eliz c. 3. 1 Jac. c. 1. to prevent the like civil wars and mischiefs for succeeding ages now revived promoted by the Pope Jesuits Foraign Popish Princes to work our ruine Certainly whosoever shall seriously ponder the premises with these passages in William Watsons Quodlibets concerning the Jesuits 1. That some of the Jesuits society have insinuated themselves into all the Princes Courts of Christendom where some of their Intelligencers reside and set up a secret counsel of purpose to receive and give intelligence to their General at Rome of the secrets of their Soveraigns and of all occurrents in those parts of the world which they dispatch to and fro by such cyphers which are to themselves best but comm̄only only to themselves known so that nothing is done in England but it is known at Rome within a month after at least reply made back as occasion is offered to the consequent overthrow of their own natural Country of England and their native Princes and Realms by their unnatural Treasons against them that so the Jesuits might be those long gowns which should reign and govern the Island of Great
thē with the constitution of our Church State Religion publike affairs must needs acknowledg that these pragmatical Iesuits have bin very active prevalent powerful successful and not only militant but triumphant of late years amongst us under some disguise or other that they have dangerously poysoned us with these their Machiavillian and Atheal policies practises positions and have more real Disciples Factors if not Tutors now amongst us then in any former ages And is it not high time then to endeavour to detect their persons and prevent their dangerous designs upon us with greatest care and diligence Truly though most others be negligent and fearfull herein yet that text of Ezek. 2. 6 7. And thou son of man be not afraid of them neither be afraid of their words though bryars and thorns be with thee and thou dost dwell among scorpions be not afraid of their words nor be dismayed at their looks though they be a rebellions house And thou shalt speak my words unto them whether they will hear or whether they will forbear for they are most REBELLIOVS hath animated me to exonerate my conscience herein and to say with the prophet Isai 62. 1. For Zions Englands sake I will not hold my peace and for Ierusalems sake I will not rest until the righteousness thereof go forth as brightness and the salvation thereof as a Lamp that burneth Wherefore Upon serious consideration of all these Premises and of all those Sacred Solemn Oaths that Protestation Vow League and National Covenant which I have formerly taken lying still as so many indissoluble Obligations on my Soul notwithstanding the ingrate malicious unchristian Requitals of all my former unmercinary services Sufferings for Religion Laws Liberties and the publique in times of greatest Danger recompenced only with long causeless close imprisonments injuries affronts losses of all kinds by pretended friends and Patrons of our Liberties as well as by professed causeless Enemies And notwithstanding all other Discouragements from the general baseness cowardise Sottishness slavishness degenerated Spirits of the whole Nation and their strange fearfulness even publiquely to own much less cordially to assist defend according to the sixth Article of the Covenant those few couragious Patrons who have hazarded their Lives Liberties Limbs Estates and all earthly comforts for the publique defence of our Religion the Laws Liberties Priviledges of our Kingdom Church Parliament against the old and late avowed subverters of them whose very Company visits the generality of their former friends and acquaintance have declined as if they had some plague sores on them not only during their late restraints but likewise since their enlargements out of them enough to perswade them never to write speak act or suffer any thing more for such ingrate unworthy Creatures but rather to put their helping hands to make them and their Posterities slaves for ever I have yet once more out of pure zeal love conscience towards my native Country adventured my life liberty and decayed estate considering the lawlessness and Danger of the times not the justice and goodness of the Common Cause I plead for the necessary defence of the Fundamental Liberties Franchises Lawes Rights Parliaments Priviledges and Government of our enslaved Nation though every way unworthy to be beloved by God or men of noble spirits in this Seasonable Legal Historical Vindication and Collection wherein I have with all boldness faithfulness without the least fear or flattery of any Mortals or created powers whatsoever argued evinced maintained my own particular with the whole Nations publique right and inheritance in them of which few or none take any care but only of their own private gains case safely though with the Publike ruine and endeavoured as much as in me lies to preserve them and our Religion from the several Jesuitical plots counsels specified in the whole Commons House Remonstrance of 15 December 1641. Exact Collection p. 3. to 14. of late years revived and more vigorously pursued than ever and to rescue them out of the Claws of Tyranny and all usurping arbitrary powers which have avowedly encroached on yea trampled them under feet of late more than ever the worst of all our Monarchs or beheaded King did though declaimed against as the greatest of Tyrants by some who have transcended him in his worst Regal Exorbitances and particularly in this which the Lords and Commons in Parliament in their Declaration of Aug. 4. 1642. thus grievously complained of and objected against the Kings ill Counsellers That the LAWS were no protection or defence of any mans right all was subject to will and power which imposed WHAT PAYMENTS THEY THOVGHT FIT to drain the Subjects purses and supply THOSE NECESSITIES which their ill counsel had brought upon the King and gratify such as were instrumental in promoting most ILLEGAL and OPRESSIVE COVRSES Those who yielded and complied were countenanced and advanced all others disgraced and kept under and are they not so now as much as then that ●o their minds made poor and base as they were never so poor and base as now and THEIR LIBERTIES lost and gone as they were never so much as now they might be ready to LET GO THEIR RELIGION whensoever it should be resolved to alter it which was and still is the GREAT DESIGN and all the rest made use of as instrumental and subservient to it Upon which consideration they thus concluded that Declaration Therefore we the Lords and Commons are resolved to expose our lives and fortunes for the defence and maintenance of the true Religion the Kings person honor and estate the power and priviledge of Parliament the just rights and liberty of the Subject And we do hereby require all those who have any sence of piety honor or compassion TO HELP A DISTRESSED STATE especially SVCH WHO HAVE TAKEN THE PROTESTATION and are bound in the same duty with us unto their God their King and Country to come into their aid and assistance That which hath not a little encouraged me hereunto is not only this their publick call but likewise this memorable passage vow protestation of the Lords and Commons assembled in Parliament in their printed Declaration in answer to his Majesties of October 23. 1642. Which I fear most of them since in power have quite forgotten and therefore I beseech them now seriously to remember it Though we know very well there are too many of the Gentry of this Kingdom who to satisfy the LVSTS OF THEIR OWN AMBITION are content like Esau TO SELL THEIR BIRTH-RIGHT AND CARE NOT TO SVBMIT THEMSELVES TO ANY ARBITRARY AND UNLIMITED GOVERNMENT so they may FOR THEIR OWN TIME PARTAKE OF THAT POWER to trample and insult over others And have not are not some of these declarers and censures such themselves yet we are assured that there are of the Gentry many worthy and true hearted Patriots but where are those many now who are ready to lay down their lives and fortunes and
of late have given ample testimony thereof for maintenance of their Lawes Liberties and Religion and with them and others of their resolution we shall be ready to live and die But how many of these Declarers have made good this publike engagement yea have not some of them been and still are more ready to secure seclude disoffice imprison kill slay any such true-hearted Patrons as I have felt by sad experience than to live and die with them And we must own it as our duty to use our best endeavors that the meanest of the Commonalty may enjoy their own Birth-rights Freedom and Liberty of the Laws of the Land being equally entituled thereto with the greatest Subject I trust therefore the greatest Grandees in late or present power neither will nor can be offended with me and that all the Nobility Gentry Commons and true-hearted Patrons in the Nation who bear any love to the Laws Li-Liberties Freedom of the people for which their Ancestors and they have so long so stoutly contended heretofore and lately with our Kings will live and die with me in this their Vi●dication and Defence against any of their fellow-Subjects who shall endeavor to subvert or deprive them of the full and free enjoyment of all or any of them according to this Engagement and Declaration Wherein there are these further observable passages relating to the Parliaments priviledges and its Members which I desire our Army-Grandees who impeached secured secluded my self with other Members of the last true Parliament levied war against and forcibly dissolved it with the Contrivers of our late New-Modelled Governments would seriously ponder who in common justice must be content to be as freely told of and reprehended for their frauds faults in print where the publike and every mans private interest Right Liberty Security is concerned as they have censured others as well their Superiors as Equalls oft in print though perchance l●sse peccant than themselves in that they object against them For the matter of his Majesties raising an Army against the Parliament wherein many Papists Priests Jesuites were imployed and taking away the priviledge thereof we shall refer it to the judgement of every ordinary capacity whether it be void of sense to say that this War is raised against the Parliament But the truth is that it is not a few persons but the Parliament it self is the thorn that lies in these mens sides which heretofore when it was wont to ●rick them was with much ease by a sudden dissolution pulled out But now that is more deeply fastned by the Act of Continuance they would force it out by the power of an Army Hath not this been the very practise of some Army-Grandees of late here objected against the King Jesuitical and Popish ill Counsellors And whosoever will peruse the several Speeches and Declarations made upon the breaking up of former Parliaments since the beginnning of his Majesties Reign will find the pretences of those unjust and illegal Dissolutions to be grounded upon the exceptions against some particular Members under the name of A few factious and seditious persons so that the aspersing and wounding of the Parliament through the sides of a few Members is no new invention And hath not this been the very Army-Officers practise since the first year of their reign till now to wound the last real Parliament yea their own late dissolved Mock Parliaments since through the sides of a few corrupt Members or a corrupt Majority in the House as all their Printed Declarations upon their d●ssolutions attest And is this then no crime or no Jesuitical practise in them though such in the late King and his ill Counsellors And for the satisfaction of all indifferent men that this War is raised against the Parliament we shall refer them to former Declarations ●issued out in His Majesties name being so many invectives and ground lesse accusations not against particular Members only but against the Vote and proceedings of both Houses And are not many of the Armies Declarations in 1647. and 1648. yea the late Pamphlet of some present Grandees intituled A True State of the Case of the Commonwealth of England Printed 1654 Such let them now then see whence they took their pattern even from the beheaded Kings Jesuited evil Counsellors whose steps they exactly trace in this But if the truth were as that Declaration seems to imply That this Army is raised to force some particular Members of this Parliament to be delivered up yet upon that ground would it follow that the same is levied against the Parliament For it cannot be denied by any ingenious man but that the Parliament by their inherent rights and priviledges hath the power to judge and punish their own Members yet the Army Officers took upon them to secure seclude them without Charge and their future New-minted Parliament Members though only elected by the People must be tryed judged by the new Whitehall Members ere they can be admitted to sit Article 21 of the New Government And we have often declared to His Majestie and the World That we are alwayes ready to receive any evidence or accusations against any of them and to judge and punish them according to their demerits yet hitherto no evidence produced no Accuser appearing And yet notwistanding to raise an Army to compel the Parliament to expose those Members to the fury of those wicked Counsellors that thirst for nothing more than the ruine of them and the Commonwealth What can be more evident than that the same is levied against the Parliament For did they prevail in this then by the same reason pray observe it They might demand 20 more and never rest satisfied until their malice and Tyrany did devour all those Members they found crosse and opposite to their lewd and wicked designs And was not this the practice of the Army-Officers who levied a real actual War against the Parliament They first impeached secluded XI Members of the Commons-House and some Lords soon after An. 1647. 〈◊〉 then they secluded other Members by their high Declaration of Aug. 18. 1647. after that they secured imprisoned my self with 44 Members more and secluded the greatest part of the Commons House leaving not above 50 or 60 at first sitting who confederated with them in December 1648. within two moneths after this they beheaded the King then suppressed the whole Lords House to carry on their designs since acted At last they dissolved their own Mock Parliaments when they crossed their ambitious aspires What they did in September last since this was first penned to those now sitting is fresh in memory Touching the Privileges of Parliament which the contrivers of that Declaration in his Majesties name and the Contrivers of sundry Declarations since in the Armies name who imitated them herein seem to be so tender of and to professe all conformity unto and deny this Army to be raised in any degree
are due to them and preserved for them shall be at the sole will and pleas●re of the Prince Army General and General Councel of Officers in their new High Courts of Injustice or other Martial Judicatories as now they are O consider consider seriously by these particulars to what a sad low despicable condition all English Parliaments are now for ever reduced and their pristine antient Priviledges Honor Freedom Power violently ravished from them by the late Army practises violences and rebellious insolencies against them never to be parallel'd in any age which hath really verified this clause in the Declaration of both Houses August 4. 1642. objected against the King and his popish Army in relation to the Parliaments Army purposely raised commissioned engaged for their defence That if the King by his Army may force this Parliament as the Parliaments Army both forced and dissolved it they may bid farewell to all Parliaments for ever receiving good by them And if Parliaments be lost they the People are lost their Laws are lost as well those lately made as in former times ALL WHICH WILL BE CVT IN SVNDER WITH THE SAME SWORD NOW DRAWN FOR THE DESTRVCTION OF THIS PARLIAMENT as we now find true by sad experience Athanasius Bishop of Alexandria about the year of our Lord 340. objected this as a great crime barbarism cruelty and violation of the priviledges of Councels to the Arrian Emperour Constantius That whensoever he called a Councel or Assembly of Bishops it was but for a shew For he would not permit them to be guided by the Ecclesiastical Canons but his Will alone must be their only Canon And when they advised him not to subvert the Ecclesiastical order nor bring the Arrian Heresie into the Church of God he would neither hear nor permit them to speak freely but grievously bending his brows if they had spoken cross to his designs and SHAKING HIS SWORD AT THEM COMMANDED THEM TO BE TAKEN AWAY Whereupon he thus infers What Liberty for perswasion or place for advice is there left when he that contradicteth shall for his labour lose either his Life or his Country Why hath the Emperour gathered so great a number of Bishops partly terrified with threats partly inticed with promises to condescend that they will not communicate wi●h Athanasius And Hilary Bishop of Poictou Ann. 360. in his first Book against this Tyrannical Arrian Emperour Constantius thus censures his violent proceedings of this kind to the subversion of the freedom and priviledge of Councils and their members Thou gatherest COUNCILS and when they be shut up together in one City thou TERRIFIEST THEM WITH THREATS THOU PINEST THEM WITH HVNGER THOU LAMEST THEM WITH COLD as the Army Officers did the secluded Members 6 and 7 Decemb. 1648. when they shut them up all night in Hell on the bare boards without beds in the cold and kept them fasting all the next day at Whitehall til 7 a clock at night Thou depravest them with Dissembling O THOU WICKED ONE what a mockery dost thou make of the Church and Councels Only Dogs return to their Vomit and thou compellest the Priests of Christ to sup up those things which they have disgorged and commandest them in their confessions to allow that WHICH BEFORE THEY CONDEMNED What Bishops hand hast thou left innocent What tongue hast thou not forced to falshood Whose heart hast thou not brought to the condemning of his former opinion Thou hast subjected all to thy will yea to thy violence And have not some swaying Army Officers by their frowns menaces frauds Swords open force upon the Parliament and its Members beyond all the presidents in any ages done the like and exceeded this Arrian Tyrant herein And is it not then high time for all friends to Parliaments to protest and provide against such detestable treasonable violences for the future destructive to all Parliaments if permitted or silently pretermitted without question exemplary censure righting of the imprisoned Members or any provision to redresse them for the future Our prudent Ancesters were so carefull to prevent all violence force arms and armed men in or near any places where Parliaments were held to terrifie over-awe or disturb their proceedings or Members That in the Parliament of 7 E. 1. as you may read in Rastals Abridgement Armour 1. Provision was made by the King by common consent of the Prelates Earls and Barons by a general act That in all Parliaments Treaties and other Assemblies which should be made in the Realm of England FOR EVER every man shall come without Force and without Armour well and peaceably to the honour of the King and of the peace of him and of his Realm and they together with the Commonalty of the Realm upon solemn advise declared That it belonged to the King and his part it is by his Royal Signiory strictly to defend Wearing of Armour and all other Force against his peace at all times when it shall please him especially at such times and in places where such Parliaments Treaties and Assemblies are held and to punish them which shall doe contrary according to the Laws and usage of the Realm And hereunto they are bound to aid the Kind as their Soveraign Lord at all seasons when need shall be Hereupon our Kings ever since this statute by virtue thereof and by the Law and Custom of the PARLIAMENT as Sir Edward Cook in his 4 Institutes c. 1. p. 14. informs us did at the beginning of every Parliament make a speciall Proclamation Prohibiting the bearing of Arms or weapons in or near the places where the Parliament sate under pain of forfeiting all they had Of which there are sundry presidents cited by Sir Edward Cook in his Margin whereof I shall transcribe but one which he omits and that is 6 E. 3. Rot. Parliament n. 2. 3. Because that before these days at the Parliaments and Counsels of our Lord the King Debates Riots and commotions have risen and been moved for that People have come to the places where Parliaments have been summoned and assembled armed with privy coats of plate spears swords long knives or daggers and other sort of arms by which the businesses of our Lord the King and his Realm have been impeached and the great men which have come thither by his command have been affrighted Our Lord the King willing to provide remedy against such mischiefs defendeth that no man of what estate or condition soever he be upon pain of forfeiting all that he may forfeit to the King shall be seen armed with a Coat of Male nor yet of plate nor with an Halberd nor with a spear nor sword nor long knife nor any other suspitious arms within the City of LONDON nor within the Suburbs thereof nor any place near the said City nor yet within the Palace of WEST MINSTER or any place near the said Palace by Land or Water under the foresaid pain except only such of the Kings men
Parliaments Titles Priviledges and Powers too of late and dispose of reject suppress them at their pleasure let themselves the whole Nation with all in present power in the fear of God most seriously consider without passion or affection before it be over-late 4. That the Oathes of Supremacy and Allegiance which all Members of Parliament ought by Law to take before they can sit or vote as Members specially made and prescribed by our most wise zealous Protestant Parliaments to prevent the Treasonable plots and designs of Popes Iesuites and Papists against our Protestant Princes Realms Parliaments Religion though confirmed by many Statutes and containing in them only the Declaration of such a Duty as every true and well-affected Subject not only by the bond of Allegiance but also by the COMMANDMENT OF GOD ought to bear to the King his Heirs and Successors and none but persons infected with Popish Superstition formerly oppugned as the Prologue of the Statute of 7 Iacobi c. 6. positively resolves have by late State innovators not only been discontinued suspended but declaimed against and repealed as much as in them lay as VNLAWFUL OATHS the old Lawes against Iesuits and Popish Seminaries discontinued abrogated or coldly executed The New Oath for abjuration of Popery with all Bills against Iesuites and Papists presented to the late King by both Houses the last Parliament and by him consented to in the Isle of Wight wholly laid aside and quite buried in oblivion The Solemn Protestation League and Covenant prescribed by the last Parliaments taken by all the well-affected in all the 3 Kingdoms to prevent the dangerous plots of Papists Iesuites and our common enemies to destroy our Religion Churches Realms Government Parliaments Laws Liberties quite antiquated dec●ied detested and a New Engagement forcibly imposed under highest penalties and disabilities upon all men diametrically contrary to these Oaths Protestations and Covenants which have been by a new kind of Papal power publickly dispenced with and the people absolved from them to become sworn Homages to other new self-created Lords and Masters And are not all these with the late Proclaimed Universal Toleration and Protection of all Religions to considerate zealous Protestants strong Arguments of the Jesuites Predominancy in our late counsels transactions and changes of publike Government 5. That the Notion of THE PRESENT GOVERNMENT in my weak apprehension derived its original from the Iesuites late-invented PRESENT CHURCH the onely Supream Power and Judge of Controversies which all men must submit unto by a meer absolute blind Obedience and implicit faith without dispute by their determination as they must do by a like Iesuitical blind obedience newly taught and obtruded on us to that present Republican Government and new Optimacity and Popularity lately set up instead of our Monarchy Which two forms of Government and want of a King and Monarchy as they are the punishment of a peoples Sins and the Transgressions of a Land by Gods own resolution not a Mercy Hosea 10. 3. c. 1. 4. Ier. 18. 7. Prov. 28. 2. Ez● 19. 14. Lam. 4. 20. c. 5 7 8 12. so they were the inventions of Factious Grecians at first w●ch put all their Cities into Combustions fury frenzy and civil wars against each other to their utter overthrow in conclusion witness these verses of Heniochus a Greek Comedian Tum geminae ad illas accesserunt Mulieres TITAS QUAE CUNCTA CONTURBARUNT OPTIMAEst nomen alteri alteri POPULARITAS RUNT Quarum incitatis PRIDEM EXTERNATAE FU● So the Iesuits Parsons Campanella Car. Richelieu designed to introduce set them up among so us in Engl. Scotl. and Ireland of purpose to divide● destroy us by civil wars and combustions and bring us under their Jesuitical power at last as the marginal Authorities declare to all the world And if this be undeniable to all having any sence of Religion Peace or publick Safety left within their brests is it not more than high time for us to awake out of our former lethargy fordid selfish stupidity to prevent our ruine by these and other forementioned Jesuitical practises Of can any Englishman or real Parl. be justly offended with me for this impartial discovery of them Or for my endeavours to put all the dislocated Members and broken bones of our old inverted fundamental body Politick into their due places joints and postures again without which there is no more possibility of reducing it to its pr●stine health ease settlement tranquility prosperity or of preserving it from perpetual pain inquietation consumption and approaching death than of a natural body whose principal members continue dis-joynted and bones broken all in pieces as all prudent State-Physicians must acknowledge These five Considerations together with the Premises will I presume sufficiently wipe off all the malicious scandalous Imputations which Militiere and other Papists have injuriously cast upon the Principles and chief Professors of our Reformed Religion in relation to the late exorbitant Proceedings against the King Parliament the publike Revolutions Confusions Ataxies both in our Church Kingdoms and retort them on the Iesuitical Papal seditious Treasonable Antimonarchical Principles and Professors of their Religion especially the Iesuits and French Cardinals Militiere his late Lords and Masters the original Contrivers and chief clandestine Promoters of them as every day more and more discovers to the world And withall abundantly justifie this my undertaking impartial discovery of Jesuitical plots to ruin our Church Religion Kingdoms Parliaments Laws Liberties Government against all malicious Enemies Accusers Maligners whatsoever before all the Tribunals of God or Men where I shal be ready to justifie them upon all occasions In perpetual testimony whereof I have hereunto set my Hand and by Gods Grace shall ever be ready to seal them and the truth of God with my blood if called out to do it Swainswick Aug. 12. 1654. William Prynne A Seasonable Legal and Historicall VINDICATION and Chronologicall Collection of the good Old Fundamental Liberties Franchise● Rights Laws of all English Freem●n their best Inheritance Birth-right Security against all Arbitrary Tyranny Aegyptian Slavery and Burdens of late years most dangerously undermined oppugned and almost totally subverted under the specious feigned Disguise of their Defence Enlargement and future Establishment upon a sure Basis IT is an universall received Principle and experimentall truth beyond all contradiction That no naturall structure no artificial building no Civil or Ecclesiastical Corporation Realm Republike Government or Society of men no Art or Science whatsoever can possibly be erected supported established preserved or continued in their being or well-being without FOVNDATIONS Whereon as they were at first erected so they must necessarily still depend or else they will presently fall to utter ruine Hence it is to wave all Humane Authorities in so clear a verity that in Gods own sacred unerring word of Truth we finde frequent mention of the naturall
who have suffered acted and stood up most for their Common Liberties Rights Freedoms Religion against all invading Tyrant● to their great discouragement and betraying not pitch upon any Subject more proper for me either as a common Lawyer or as a constant Advocate and Sufferer for the publike Cause and Liberties of the Nation as well under our late extravagant Free State as former Regal and Episcopal arbitrary Tyranny than in this juncture of our publike affairs to present our whole distracted unsetled Kingdome with A Legal and Historical Vindication and Chronological Collection in all ages of these Ancient Hereditary liberties Franchises Rights and all those National Parliamentall legal and Martial Contests Laws Charters Records Monuments of former and late times for their Confirmation and inviolable observation which our Ancestors and our selves have alwaies hitherto reputed Fundamental unalterable and inviolable upon any pretext and have most eagerly contended for with the Prodigal expence of many millions of treasure and whole Oceans of gallant Christian English blood And if upon the serious perusall of them the universality of our degenerated Nation after their many solemn Protestations Vows Leagues Covenants Remonstrances inviolably to defend and maintain them shall still so undervalue them now at last as most actually have done as not to esteem them worth the owning maintaining vindicating or perpetuating any longer thereby draw upon their heads the reall guilt of all those bloody Wars Murders Tumults Violences Rapines Oppressions Sins Mischiefs illegal Taxes Excises Exorbitancies which their many late years pretended necessary defence and preservation have brought upon our three whol Nations let them henceforth like so many dastardly conquered bondslaves bored through the ears publikely disavow disclaim renounce abjure them for themselves and their posterities for ever as meer worthlesse toyes or pernicious inventions fit onely to kindle perpetual wars and discords between King and People head and members superiours and inferiours or as poor slender Cobwebs as now they prove able to hold none within compasse but the very weakest Flies broken thorow with ease and impunity by every greater Fly or armed Waspe creeping up into any Power or Supream Authority by right or wrong and swept down to the very ground by every new Broom in the hand of vpstart Innovators But if upon saddest deliberation they shall really estimate them to be such incompatable rich precious Jewels and ancient Inheritances as are every way worth the infinite Treasures Wars Blood Cares Consultations Troubles heretofore and of late years expended both to gain retain confirm and perpetuate them to them and their Posterities for ever as their principal earthly security and beatitude I hope they will all then unanimously conclude with the Poet Non minor est virtus quàm quaerere PARTA TVERI And both by their Votes and Actions return the self-same peremptory magnanimous answer to any Caesar Conqueror Potentate power or Combination of men whatsoever who shall endeavour by force fraud or flattery to compell or perswade them to sell resign betray or give up these their Ancestrall Priviledges Inheritances Birth-rights to them as Naboth once did to King Ahab 1 Kings 21. 3. The Lord forbid it us that we should give sell or betray the INHERITANCE OF OVR FATHERS and our Posterities likewise unto thee or you though they should suffer for this Answer and Refusall as much as Naboth did from bloody Ahab and Jezebel But whatever low price or estimate this spurious stupid sordid slavish age may set upon these richest Pearls yet for my own particular upon serious consideration of these Chronological Collections and the Solemn Oaths Protestations Vows League and Covenant obliging me to defend them to the uttermost I value the whole Nations publike and my own with my cordial friends private interest in them at so high a rate that I would rather chearfully part with ten thousand lives and all the treasures of the Nation Indies were I owner of them then wittingly negligently or unworthily sell betray or resign them up to any mortals or powers whatsoever upon any pretences or Conditions after all my former Publications Contests Sufferings Losses c. for their just defence And to the end al others might now take special notice of the inestimable value our Ancestors in all ages have set upon them and what successive wars conflicts they have chearfully undertaken for their preservation I have at vacant hours compiled this ensuing Vindication and Collection of the old Fundamental liberties franchises laws of all English freemen which I shall bequeath to my most beloved Native Country in general and every reall Heroick Patron of them in particular as the best Legacy I can leave behinde me both for their present and future Enfranchisment Immunity security from all Arbitrary Tyranny Slavery and yokes of Bondage under which they have a long time languished and lamented in the bitterness of their spirits The Method I resolve herein to pursue is this 1. I shall produce some punctuall Authorities of moment to evidence That the Kingdome and Freemen of England have some ancient Hereditary just Rights Liberties Priviledges Franchises Laws and Customs properly called FVNDAMENTAL and likewise a Fundamental Government no wayes to be altered undermined subverted directly or indirectly to the publique prejudice under pain of highest Treason in those who shall attempt it especially by fraud force or armed power 2. I shall in brief Propositions present you with the chiefest and most considerable of them which our Ancestors in former ages and our latest real Parliaments have resolved to be and eargerly contended for as FUNDAMENTAL essentiall to their being and well-being as a Free People Kingdome Republique unwilling to be enslaved under any Yokes of Tyranny any arbitrary 〈◊〉 positions or Powers whatsoever Then give you a briefe touch of their severall late unparalelld violations both by the Edicts and Actions of usurping Powers 3. I shall in a Chronological way tender you a large Historical Catalogue of National Parliamental civill and military Contests Votes Declarations ●emonstrances Oathes Vows Protestations Covenants Engagements Excommunications Confirmations Evidences Statutes Charters Writs Records Judgments 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 wisdome vigilancy of our Ancestours to defend preserve and perpetuate them to posterity without the least violation or diminution 4. I shall vindicate the excellency indifferency and leg●lity of trying all Malefactors whatsoever by Juries of their ●eers upon legal Processe and Indictments and manifest the illegallity injustice partiality dangerous consequences of admitting or introducing any other form of Trials by New Arbitrary Martiall 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
to settle Religion in the purity thereof TO MAINTAIN THE ANCIENT and FUNDAMENTALL GOVERNMENT OF THIS KINGDOME TO PRESERVE THE RIGHTS and LIBERTIES OF THE SUBJECT to lay hold on the first opportunity of procuring a safe and well grounded peace in the three Kingdoms and to keep a good understanding between the two Kingdomes of England and Scotland according to the grounds expressed in the Solemn League and Covenant And lest these generals should not give a sufficient satisfaction we have thought fit to the end men might no longer be abused in a misbelief of our intentions or a misunderstanding of our actions to make a further enlargement upon the particulars And first Concerning Church-Government c. because we cannot consent to the granting of an Arbitrary and unlicensed Power and Jurisdiction to neer ten thousand Judicatories to be erected within this Kingdome and this demanded in such a way as is not consistent with the FVNDAMENTAL LAWS and GOVERNMENT OF THE SAME c. Our full resolutions still are sincerely really and constantly to endeavour the Reformation of Religion in the Kingdome of England and Ireland in Doctrine Worship and Government according to the word of God and the example of the best Reformed Churches and according to the Covenant WE ARE SO FARRE FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOME BY KING LORDS and COMMONS that we have onely desired that with the consent of the King such Power may be settled in the TWO HOVSES without which we can have no assurance but that the like or greater mischiefs than those which God hath hither to dilivered us from may break out again and engage us in a second and more destructive war whereby it plainly appears Our intentions are not to change the Antient Frame of Government within this Kingdome but to obtain the end of the Primitive Institution of all Government The safety and weal of the People not judging it wise or safe after so bitter experience of the bloody consequence of a pretended Power of the Militia in the King to leave any colourable authority in the same for the future attempts of introducing AN ARBITRARY GOVERNMENT OVER THIS NATION We do declare That we will not nor any by colour of any Authority derived from us shall interrupt the ordinary course of Justice in the severall Courts of Judicatories of this Kingdome nor intermeddle in the cases of private interest other where determinable unlesse it be in case of male-Administration of Justice wherein we shall see and provide that Right be done and punishment inflicted as there shall be occasion ACCORDING TO THE LAWS OF THE KINGDOME Lastly Whereas both Nations have entred into a Solemn League and Covenant we have and EVER SHALL BE VERY CAREFULL DULY TO OBSERVE THE SAME that as nothing hath been done SO NOTHING SHALL BE DONE BY US REPUGNANT TO THE TRUE MEANING AND INTENTION THEREOF c. WHO WILL NOT DEPART FROM THOSE GROUNDS AND PRINCIPLES upon which it was framed and founded Though the generality of the afterwards secured and secluded Majority of the House of Commons endeavoured constantly to make good this Declaration in all particulars yet how desperatly the garbled Minority thereof continuing in power after their Seclusion prevaricated apostatized and falsified their Faith herein in every particle in the highest degree we cannot but with greatest grief of heart and detestation remember to the subversion ruine of our King Lords Commons Kingdome Parliaments Fundamentall Laws Government and the peoples Liberties c. almost beyond all hopes of restitution or reparation in humane probability without a miracle from heaven The Lord give them grace most seriously to consider repent of and really sincerely reform it now at last and to make it the principle subject of their prescribed publike Humiliations Fasts and Lamentations as God himself prescribes Isa 58. 5 6 7 8. Jer. 34. 8. to 22. Ezech. 19. 1. 14. Hos 10. 3 4. and not still to adde drunkennesse to thirst lest they bring them to temporall and eternal condemnation for it in Gods own due time and engender endlesse Wars Troubles Taxes Changes Confusions in our Kingdomes as they have hitherto done and will do till all be restored to their just Rights Powers Places Possessions and Liberties By this full Jury of Parliamentary Authorities to omit many others of like or inferiour nature and lesse moment it is undeniable That the people of England have both ancient Fundamentall Rights Liberties Franchises Laws and a Fundamental Government which like the Laws of the Medes and Persians neither may nor ought to be altered or innovated upon any pretence but perpetually maintained defended with greatest care vigilancy resolution and he who shall deny or oppugn it deser●●s no refulation by further arguments since it is a received Maxime in all Arts Contra Principia negantem non est disputandum but rather demerits a sentence of Condemnation and publike execution at Tyburn as a Common Enemy Traitor to our Laws Liberties Nation it being no lesse than a transcendent crime and High Treason by our Laws for any person or persons secretly or openly to attempt the undermining or subversion of our fundamental laws rights Liberties Government especially by fraud treachery force or armed power and violence the later part of my first proposal which I shall now confirm by these twelve following Presidents and Evidences corroborating likewise the former part That we have such Fundamental laws liberties rights franchises and a fundamental Government too In the fifth year of King Richard the second the vulgar rabble of people and villains in Kent Essex Sussex Norfolk Cambridge-shire and other Counties under the Conduct of Wat Tyler Jack Straw and other Rebels assembling together in great multitudes occasioned at first by the new invented Tax of Poll-money granted by Parliament and the over-rigorous levying thereof on the people by the Kings Officers though nothing so grievous as our Excises Contributions new Imposts now so long exacted without any legal Grant in true free and full English Parliaments resolved by force and violence to abrogate the law of Villenage with all other laws they disliked formerly setled to burn all the Records kill and behead all the Judges Justices and men of law of all sorts which they could get into their hands to burn and destroy the Inns of Court as they did then the new Temple where the Apprentices of the law lodged burning their Monuments and Records of Law there found to alter the tenures of lands to devise new laws of their own by which the Subjects should be governed to change the ancient Hereditary Monarchicall Government of the Realm and to erect petty elective Tyrannies and Kingdomes to themselves in every shire A project eagerly prosecuted by some Anarchicall Anabaptists Jesuits Levellers very lately and though withall they intended to destroy the King at last and all the Nobles too when they had gotten sufficient power yet at first to
one of the Judges of the Common Pleas exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinal Wolsey That he had by divers and many sundry wayes and fashions committed High Treason and NOTABLE GRIEVOUS OFFENCES by misusing altering and subverting of his Graces Laws and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royal to the inestimable great hinderance diminution and decay of the universal wealth of this his Graces Realm The Articles are 43. in number the 20 21 26 30 35 37 42 43. contain his illegal arbitrary practises and proceedings to the subversion of the due course and order of his Graces Laws to the undoing of a great number of his loving people Whereupon they pray Please therefore your mostexcellent Majesty of your excellent goodnesse towards the Weal of this your Realm and subjects of the same to set such order and direction upon the said Lord Cardinal as may be to terrible example of other to beware to offend your Grace and your Laws hereafter and that he be so provided for that he never have any Power Jurisdiction or authority hereafter to trouble vex or impoverish the common-wealth of this your Realm as he hath done heretofore to the great hurt and dammage of every man almost high and low His poysoning himself prevented his legal judgement for these his Practises 7. The Statute of 3. and 4. Ed. c. 5 6. enacts That if any persons to the number of twelve or more being assembled together shall intend go about practise or put in use with force and arms unlawfully of their own authority TO CHANGE ANY LAWS made for Religion by authority of Parliament OR ANY OTHER LAWS OR STATUTES OF THIS REALM STANDING IN FORCE OR ANY OF THEM and shall continue together by the space of an houre being commanded by a Justice of Peace Mayor Sheriffe or other Officer to return or shall by ringing of any Bell sounding of any Trumpet Drumme Horn c. raise such a number of persons to the intent to put any the things aforesaid in ure IT SHALL BE HIGH TREASON and the parties executed as Traytors After this the Statute of 1 Mariaec 12. Enacted That if twelve or more in manner aforesaid shall endeavour by force to alter any of the Laws or Statutes of the Kingdome the offenders shall from the time therein limited be ad●udged ONELY AS FELONS whereas it was Treason before but this Act continuing but till the next Parliament and then expiring the offence remains Treason as formerly 8. In the 39. year of Queen Elizabeth divers in the County of Oxford consulted together to go from house to house in that County and from thence to London and other parts to excite them to take arms for the throwing down of inclosures throughout the Realm nothing more was prosecuted nor assemblies made yet in Easter Term 39. Elizabeth it was resolved by all the Judges of England who met about the Case that this was High Treason and a levying war against the Queen because it was to throw down all inclosures throughout the Kingdom to which they could pretend no right and that the end of it was TO OVER THROW THE LAWS AND STATUTES for inclosures Whereupon BRADSHAW and BURTON two of the principal Offenders were condemned and executed at Ainstow Hill in Oxfordshire where they intended their first meeting 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 1640. The whole House of Commons impeached Thomas Earl of Strafford Lord Deputy of Ireland of High Treason amongst other Articles for this crime especially wherein all the other centred That he hath TREASONABLY ENDEAVOURED by his Words Actions and Counsels TO SUBVERT THE FUNDAMENTALL LAWS and GOVERNMENT OF ENGLAND and IRELAND and introduce an arbitrary and Tyrannical Government This the whole Parliament declared and adjudged to be High Treason in and by their Votes and a special Act of Parliament for his Attainder for which he was condemned and soon after executed on Tower-Hill as a Traytor to the King and Kingdome May 22. 1641. 10. The whole House of Commons the same Parliament impeached William Laud Arch-bishop of Canterbury of HIGH TREASON in these very terms February 6 1640. First That he hath traiterously endeavoured to subvert the Fundamental Laws and Government of this Kingdome of England and instead thereof to introduce an arbitrary and tyrannical Government against Law And he to that end hath wickedly and TRAYTEROVSLY advised his Majesty that he might at his own will and pleasure levy and take mony of his Subjects without THEIR CONSENT IN PARLIAMENT and this he affirmed was warrantable by the law of God Secondly He hath for the better accomplishment of that his Traiterous Designe advised and procured Sermons and other Discourses to be preached printed and published in which the Authority of Parliaments and the force of the Laws of this Kingdome have been denyed and absolute and unlimitted Power over the Persons and Estates of his Majesties Subjects maintained and defended not onely in the King but in himself and other Bishops against the Law Thirdly He hath by Letters Messages Threats and Promises and by divers other wayes to Judges and other Ministers of Justice interrupted perverted and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of Justice in his Majesties Courts at Westminster and other Courts TO THE SUBVERSION OF THE LAWS OF THIS KINGDOME whereby sundry of his Majesties Subjects have been stopt in their just suits deprived of their lawfull Rights and subjected to his Tyrannicall will to their ruine and destruction Fourthly That he hath traiterously endeavoured to corrupt the other Courts of Justice by advising and procuring his Majesty to sell places of Judicature and other Offices CONTRARY TO THE LAWS and CUSTOMES in that behalf Fifthly That he hath TRAITEROUSLY caused a a Book of Canons to be compiled and published without any lawfull warrant and Authority in that behalf in which pretended Canons many matters are contained contrary to the Kings Prerogative to the Fundamentall Laws and Statutes of this Realm to the Rights of Parliament to the Property and Liberty of the Subject and matters tending Sedition and of dangerous consequence and to the establishing of a vast unlawfull presumptuous power in himself and his successors c. Seventhly That he hath traiterously endeavoured to alter and subvert Gods true Religion BY LAW ESTABLISHED and instead thereof to set up Popish Religion and Idolatry And to that end hath declared and maintained in Speeches and printed Books diverse Popish Doctrines and Opinions contrary to the Articles of Religion ESTABLISHED BY LAW He hath urged and enjoyned divers Popish and Superstitious Ceremonies WITHOUT ANY WARRANT OF LAW and hath cruelly persecuted those who have opposed the same by corporal punishment and imprisonments and most unjustly vexed others who refused to conform thereunto by
Ecclesiasticall Censures Excommunication Suspension Deprivation and Degradation CONTRARY TO THE LAWS of this kingdome Thirteenth He did by his own authority and power contrary to Law procure sundry of his Majesties Subjects and enforced the Clergy of this Kingdome to contribute towards the maintenance of the War against the Scots That to preserve himself from being questioned for these other his Traiterous courses he hath laboured to subvert the Rights of Parliament and the ancient course of Parliamentary proceedings and have not the Army Officers and others actually done it since upon the same accompt and by false and malicious slanders to incense his Majesty against Parliaments All which being proved against him at his Triall were after solemn Argument by Mr. Samuel Brown in behalf of the Commons House proved and soon after adjudged to be High Treason at the Common Law by both Houses of Parliament and so declared in the Ordinance for his Attainder for which he was condemned and beheaded as a Traitor against the King Law and Kingdom on Tower Hill January 10. 1644. 11. In the same Parliament December 21. Jan. 14. Febr. 11. 1640. and July 6. 1641. Sir John Finch then Lord Keeper Chief Justice Bramston Judge Berkley Judge Crawly Chief Baron Davenport Baron Weston and Baron Trevour were accused and impeached by the House of Commons by several Articles transmitted to the Lords OF HIGH TREASON for that they had Traiterously and wickedly endeavoured to subvert the Fundamental Laws and established Government of the Realm of ENGLAND and instead thereof to introd●ce an Arbitrary and Tyrannical Government against Law which they had declared by traiterous and wicked words opinions judgements and more especially in this their extrajudiciall opinion subscribed by them in the case of Ship money viz. We are of opinion that when the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger your Majesty may by Writ under the Great Seal of England without consent in Parliament command all your Subjects of this your Kingdome at their charge to provide and furnish such a number of Ships with Men Victuall and Ammunition and for such time as your Majesty shall think fit for the Defence and safeguard of the Kingdome from such danger and perill And we are of Opinion that in such case your Majesty is the sole Judge both of the danger and when and how the sume is to be prevented and avoided And likewise for arguing and giving judgment accordingly in Mr. John Hampdens case in the Exchequer Chamber in the point of Ship money in April 1638 which said opinions are Destructive to the Fundamental Laws of the Realm the Subjects Right of Property and contrary to former Resolutions in Parliament and the Petition of Right as the words of their severall Impeachments run Sir John Fin●h fled the Realm to preserve his head on his shoulders some others of them died through fear to prevent the danger soon after their Impeachments and the rest who were lesse peccant were put to Fines 12. Mr. John Pym in his Declaration upon the whole matter of the charge of High Treason against Thomas Earl of Strafford Aprill 12. 1641. before a Committee of both Houses of Parliament in Westminster Hall printed and published by Order of the House of Commons proves his endeavour to subvert the Fundamental Laws of England and to introduce an Arbitrary Power to be High Treason and an offence very hainous in the nature and mischievous in the effects thereof which saith he will best appear if it be examined by that universall and supream Law Salu● Populi the element of all Laws out of which they are derived the end of all Laws to which they are designed and in which they are perfected 1. It is an offence comprehending all other Offences Here you shall finde several Treasons Murthers Rapines Oppressions Perjuries There is in this Crime a Seminary of all evils hurtfull to a State and if you consider the Reasons of it it must needs be so The Law is that which puts a difference betwixt good and evill betwixt just and unjust If you take away the law all things will fall into confusion every man will become a law to himself which in the depraved condition of humane nature must needs produce many great enormities Lust will become a Law and Envy will become a law Covetousnesse and Ambition will become laws and what Dictates what decisions such laws will produce may easily be discerned in the late Government of Ireland and England too since this The law hath a power to prevent to restrain to repair evils without this all kindes of mischiefs and distempers will break in upon a State It is the Law that intitles the King to the Allegiance and Service of his people it intitles the People to the Protection and Justice of the King c. The Law is the Boundary the measure betwixt the Kings Prerogative and the Peoples Liberties whiles these move in their Orbe they are a support and security to one another but if these Bounds be so removed that they enter into contestation and conflict one of these great mischiefs must needs ensue if the Prerogative of the King overwhelm the Liberty of the people it will be turned into Tyranny If Liberty undermine the Prerogative it will turn into Anarchy The Law is the safegard the custody of all private interests your Honours your Lives your Liberties and your estates are all in the keeping of the Law without this every man hath a like Right to any thing and this is the condition into which the Irish were brought by the Earl of Strafford and the English by others who condemned him And the reason which he gave for it hath more mischief than the thing it self THEY ARE A CONQUERED NATION let those who now say the same of England as well as Scotland and Ireland consider and observe what followes There cannot be a word more pregnant and fruitfull IN TREASON than that word is There are few Nations in the world that have not been conquered and no doubt but the conquerour may give what Laws he please to those that are conquered But if the succeeding Parts and Agreements do not limit and restrain that right what people can be secure England hath been conquered and Wales hath been conquered and by this reason will be in little better case than Ireland If the King by the Right of a Conquerour give Lawes to his people shall not the people by the same reason be restored to the Right of the conquered to recover their Liberty if they can What can be more hurtful more pernicious than such Propositions as these 2. It is dangerous to the Kings Person and dangerous to his Crown it is apt to cherish ambition usurpation and oppression in great men and to beget sedition discontent in the people and both these have been and in reason must ever be great causes of trouble
the Realm as the Arteries Nerves Veines are in and to the natural Body the Bark to the Tree the Foundation to the House and therefore the cutting of them a sunder or their Subversion must of necessity kill destroy disjoyn and ruine the whole Realm at once Wherefore it must be Treason in the highest degree But I shall onely subjoyn here some materiall Passages in Master St. Johns Argument at Law concerning the Attainder of High Treason of Thomas Earle of Strafford before a Committee of both Houses of Parliament in Westminster Hall Aprill 29. 1641. soon after Printed and published by Order of the Commons House Wherein p. 8. he lays down this Position recited again p. 64. That Straffords endeavouring To subvert the Fundamentall Lawes and Government of England and Ireland and instead therefore to introduce a Tyrannicall Government against Law is Treason by the Common Law That Treasons at the Common Law are not taken away by the statutes of 25. E. 3. 1 H. 4. c. 10. 1 Mar. c. 1. nor any of them The Authorities Judgements in and out of Parliament which he cites to prove it have been already mentioned some others he omitted I shall therefore but transcribe his Reasons to evince it to be Treason superadded to those alledged by him against the Ship mony Judges Page 12. It is a War against the King Let our Military Officers and Souldiers consider it when intended For alteration of the Laws or Government in any part of them This is a levying War against the King and so Treason within the Statute of 25. E. 3. 1. Because the King doth maintain and protect the Laws in every part of them 2. Because they are the Kings Laws He is the Fountain from whence in their severall Channels they are derived to the Subject Whence all our indictments run thus Trespasses laid to be done Contra pacem Domini Regis c. against the Kings peace for exorbitant offences though not intended against the Kings Person against the King his Crown and Dignity Page 64. In this I shall not labour at all to prove That the endeavouring by words Counsels and actions To subvert the Fundamental Laws and Government of the Kingdome is Treason at the Common Law If there be any Common Law Treasons at all left NOTHING TREASON IF THIS IS NOT TO MAKE A KINGDOME NO KINGDOME Take the Policy and Government away Englands but a piece of earth wherein so many men have their commerce and abode without rank or distinction of men without property in any thing further than in possession no Law to punish the murdering or robbing one another Page 70 71 72. The horridnesse of the offence in endeavouring to overthrow the Laws and present Government hath been fully opened before The Parliament is the representation of the whole Kingdome wherein the King as Head your Lordships as the more Noble and the Commons the other Members are knit together in one body Politique This dissolves the Arteries and Ligaments that hold the body together THE LAWS He that takes away the Laws takes not away the Allegiance of one Subject only but of the whole Kingdome It was made Treason by the Statute of 13 Eliz. for her time to affirm That the Law of the Realm do not binde the descent of the Crown No Law no descent at all NO LAWS NO PEERAGE no ranks nor degrees of men the same condition to all It s Treason to kill a Judge upon the Bench this kills not Judicem sed Judicium There be twelve men but no Law never a Judge amongst them It s Felony to embezell any one of the Judiciall Records of the Kingdome THIS AT ONCE SWEEPS THEM ALL AWAY and FROM ALL. It s Teason to counterfeit a Twenty shilling peice Here 's a counterfeiting of the Law we can call neither the counterfeit nor the true Coyn our own It s Treason to counterfeit the great Seal for an Acre of Land No property is left hereby to any Land at all NOTHING TREASON NOW AGAINST KING OR KINGDOME NO LAW TO PVNISH IT My Lords If the question were asked in Westminster Hall whether this were a Crime punishable in the Star Chamber or in THE KINGS BENCH by Fine or Imprisonment They would say It were higher If whether Felony They would say That is an Offence onely against the Life or Goods of some one or few persons It would I believe be answered by the JVDGES as it was by the Chief Justice Thirning in the 21 R. 2. That though he could not judge the Case TREASON there before him yet if he were a Peer in Parliament HE WOULD SO ADJUDGE IT And so the Peers did here in Straffords and not long after in Canterburies case who both lost their Heads on Tower-Hill I have transcribed these Pass●ges of Mr. Oliver S. John at large for five Reasons 1. Because they were the Voice and Sence of the whole House of Commons by his mouth who afterwards owned and ratified them by their special Order for their publication in Print for information and satisfaction of the whole Nation and terrour of all others who should after that either secretly or openly by fraud or force directly or indirectly attempt the subversion of all or any of our Fundamental Laws or Liberties or the alteration of our Fundamental Government or setting up any Arbitrary or Tyrannical Power Taxes Impositions or new kinds of arbitrary Judicatories and imprisonments against these our Laws and Liberties 2. To minde and inform all such who have not onely equalled but transcended Strafford and Canterbury in these their HIGH TREASONS even since these PUBLICATIONS SPEECHES and their EXEMPLARY EXECUTIONS of the hainousnesse in excusablenesse wilfulnesse maliciousnesse Capitalnesse of their Crimes which not onely the whole Parliament in generality but many of themselves in particular so severely prosecuted condemned and inexorably punished of late years in them that so they may sadly consider bewail repent reform them with all speed and diligence as much as in them lies And with all I shall exhort them seriously to consider that Gospel terrifying passage if they have not quite sinned away all Conscience Shame Christianity Religion and Fear of the last Judge and Judgement to come Rom. 2. 1 2 3. Therefore thou art inexcusable O man whosoever thou art that judgest for wherein thou judgest another thou CONDEMNEST THY SELF FOR THOV THAT JUDGEST DOEST THOV THE SAME THING But we are sure that the Judgment of God is according to truth against them who commit such things And thinkest thou this O man that judgest them which do such things and doest the same that thou shalt escape the Judgment of God 3. To excite all Lawyers especially such who of late times have taken upon them the stile power of Judges to examine their Consciences Actions how far all or any of them have been guilty in the highest degree of these Crimes and Treasons so highly aggravated so exemplarily punished of former and
peace upon grounds of Common Right 9. November 1647 viz. Resolved upon the Question That the matters contained in these Papers are destructive to the being of Parliaments and to the fundamental Government of this Kingdom Resolved c. That a Letter be sent to the General and those Papers inclosed together with the Vote of this House upon them And that he be desired to examine the proceedings of this business in the Army where it was first coyned and return an Accompt hereof to this House These Votes were seconded soon after with these ensuing Votes entred in the Commons Journal and printed by their special Order 23 Novemb. 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 seditious 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 Fundamental Government of the Kingdom Resolved c. That Thomas Prince Cheese-monger and Samuel Chidley bee forthwith committed Prisoners to the Prison of the Gate-house 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 adjudged by this House to be destructive to the being of Parliaments and fundamental Government of the Kingdom Resolved c. That Jeremy Ives Thomas Taylor and William Larnar bee forth-with 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 Agreement of the People formerly adjudged by this House to be destructive to the being of Parliaments and fundamental Government of the Kingdom Resolved c. That a Letter be prepared and sent to the General 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 Rendezvous near Ware and to give him thanks for it and to desire him to prosecute that Business to the bottome and to bring such guilty persons as he shall think fit to condign and exemplary punishment Resolved c. That the Votes upon the Petition and Agreement annexed and likewise the Votes upon this Petition be forth-with printed and published After which by a special Ordinance of both Houses of Parliament 17 Decemb. 1647. no person whatsoever who had contrived plotted prosecuted or entred into that Engagement intituled The Agreement of the people declared To bee destructive to the being of Parliaments and Fundamental Government of the Kingdom for one whole year was to be elected chosen or put into the Office or place of Lord Mayor or Alderman Sheriff Deputy of a Ward or Common Counselman of the City of London or to have a voyce in the Election of any such Officers All these particulars with the Capital proceedings against White and others who fomented this Agreement in the Army abundantly evidence the verity 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 of the fundamental Government Laws and Liberty of our Nation which I wish they would now sadly lay to heart with that saying of Augustine approved by all sorts of Divines and Casuists Non remittitur peccatum nisi restituatur ablatu●● sciendum est Quod Restitutio est IN PRISTINUM STATUM POSITIO The third is the memorable Statutes of 3 Jacobi c. 1 2 4. 5. which relating the old Gunpowder Treason of the Jesuits and Papists and their infernal inhuman barbarous detestable plot to blow up the King Queen Prince Lords Commons and the 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 hainousness and transcendency thereof by this circumstance That it was as some of the principal Conspirators 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 falsly and slanderously termed 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 Kingdom of 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 upon the Parliament House for terrour of others Even so let all other Traytors Conspirators against all Blowers up and subverters of our fundamental Laws Liberties Government Kings Parliaments and Religion treading presumptuously in their Jesuitical footsteps perish O Lord but let all them who cordially love and strenuously maintain them against all Conspirators Traytors Underminers Invaders whatsoever be as the Sun when hee 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 Warres Confusions by their restitution and re-establishment CHAP. 2. HAving thus sufficiently proved That the Kingdom and Freemen of England have some antient Hereditary Rights Liberties Franchises Privileges Customs properly called FUNDAMENTAL as likewise a Fundamental Government no ways to bee altered undermined 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 real Parliaments have both declared to be and eagerly contested for as fundamental and essential to their very being and well being as a Free People Kingdom Republick unwilling to be enslaved under any Yorkes 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 kinde by any Powers or pretences whatsoever and transmit perpetuate them intirely to their Posterities as their best and chiefest inheritance I shall comprise the sum and substance of them all in these Ten Propositions beginning with the Subjects Property which hath been most
Revenues Inheritances Rights and Perquisits of the Crown of England originally setled thereon for the ●ase and exemption of the people from all kind of Taxes payments whatsoever unlesse in case of extraordinary necessity and for defraying all the constant ordinary expences of the Kingdome as the expences of the Kings houshold Court Officers Judges Ambassadors Guard Garrisons Navy and the like ought not to be sold alienated given away or granted from it to the prejudice of the Crown and burdenning of the people And that all Sales Alienations Gifts or Grants thereof to the empairing of the publique Revenue or prejudice of the Crown and people are void in Law and ought to be resumed and repealed by our Parliaments and Kings as they have freqeuntly been in all former ages For the Readers fuller satisfaction in each of these propositions some of which I must in the ensuing Chapter but briefly touch for brevity sake having elsewhere fully debated them in print I shall especially recommend unto him the perusall of such Tractates and Arguments formerly published wherein each of them hath been fully discussed which hee may peruse at his best leasure The First of these Fundamentalls which I intend principally to insist on is fully asserted debated confirmed by 13. H. 4. f. 14. By Fortescue Lord Chief Justice and Chancellor of England de Laudibus Legum Angliae dedicated by him to King Henry the 6. f. 25. c. 36. By a Learned and necessary Argument against Impositions in the Parliament of 7. Jacobi by a late reverend Judge Printed at London 1641. By Mr. William Hakewell in his Liberty of the Subject against Impositions maintained in an Argument in the Parliament of 7 Jacobi Printed at London 1641. By Judge Crooks and Judge Huttons Arguments concerning Ship-mony both Printed at London 1641. By the Case of Ship-mony briefly discussed London 1640. By M. St. Johns Argument and Speech against Ship-mony Printed at London 1641. By Sir Edward Cook in his 2 Institutes p. 46. and 57. to 64. and 528 to 537. By the first and second Remonstrance of the Lords Commons in Parliament against the Commission of Array Exact Collection p. 386. to 398. and 850. to 890. and by my own Humble Remonstrance against Ship-mony London 1643. The Fourth part of the Sovereign Power of Parliaments and Kingdomes p. 14. to 26. my Legall Vindication of the Liberties of England against Illegall Taxes c. London 1649. and by the Records and Statutes cited in the ensuing Chapter referring for the most part to the first Proposition The second third and fourth of them are largely debated and confirmed by a Conference desired by the Lords and had by a Committee of both Houses concerning the Rights and Priviledges of the Subject 3 Aprilis 4 Caroli Printed at London 1642. By Sir Edward Cook in his Institutes on Magna charta c. 29. p. 45. to 57. By the first second Remonstrance of the Lords and Commons against the Commission of Array Exact Collection p. 386. and 850. to 890. By Judge Crooks and Judge Huttons Arguments against Ship-mony By Sir Robert Cotton his Posthuma p. 222. to 269. By my Breviate of the Prelates Encroachments on the Kings Prerogative and the Subjects Liberties p. 138. my New Discovery of the Prelates Tyranny p. 137. to 183. and some of the ensuing Statutes and records ch 3. See 1 H. 4. rot Parl. n. 22 23 24 26 28 43 44 47. The Fift and Sixt of them are fully cleared vindicated in and by the Prologues of all our Councills Statutes Laws before and since the Conquest By 1. H. 4. Rot. Parl. n. 33 34 36. an excellent full president Sir Edward Cooks 4 Institutes ch 1. Mr. Cromptons Iurisdiction of Courts Title High Court of Parliament Mr. St. Johns speech against the Ship-mony Judges p. 32 33. my Plea for the Lords my Levellers levelled my Ardua Regni my Epistle before my Speech in Parliament my Memento my Sovereign Power of Parliaments and Kingdomes part 1 2 3 4. my Legal Vindication against illegal Taxes and pretended Acts of Parliament London 1649. Prynnethe Member reconciled to Prynne the Bar●ester Printed the same year My Historical Collection of the Ancient great Councils and Parliaments of England London 1649. My Truth triumphing over Falshood Antiquity over Novel●y London 1645. 3 E. 1. c. 5 4 E. 3. c. 14. 36 E. 3. c. 10. 1 H. 4. c. 3 4. 5 R. 2. Stat. 2. c. 4. Rastal tit Parliament 1 H. 4. Rot. Parl. n. 21. 22. 48. 70. 31 H. 6. c. 1. 39 H. 6. c. 1. Rot. Parl. n. 8. 17 E. 4. c. 7. expresse in point and some of the Records hereafter transcribed In this I shall be more sparing because so fully confirmed in these and other Treatises The Seventh is ratified by Sir Edward Cooks 1. Institutes p. 97 98. 4 Institutes p. 89. and 5. report Cawdries case of the Kings Ecclesiasticall Laws Rastals Abridgement of Statutes Tit Provisors Praemunire Rome and other Records and Statutes in the ensuing Chapter The Eight is verified by the Statutes quoted in the Margin to it and by other Records in the third Chapter The Ninth and Tenth are fully debated in my Soveraign Power of Parliaments and Kingdomes par 2. p. 3. to 34. part 4. p. 1. to 13. and 162. to 170. touched in Sir Robert Cottons Posthuma p. 174. 179. confirmed by sundry Presidents in the next Chapter by 1 H. 4. Rot. Parl. n 32. How all and every of these Fundamentall Liberties Rights Franchises Laws have been unparalledly violated subverted in all and every particular of late years beyond all Presidents in the worst of former ages even by their greatest pretended Propugners their own Printed Edicts Instruments Ordinances Papers together with their illegall Oppressions Taxes Excises Imposts Sequestrations Rapines Violences unjust Proceedings of all kinds will sufficiently evidence if compared with the premised Propositions Not to insist on any fore-past illegall Imposts Taxes Excises under which the nation lately groaned imposed on us by unparliamentary Junctoes or the Army Officers alone from Anno 1648 to 1653. without any real Parliament by their own armed Iurisdiction I shall here instance onyl in 3. or 4 particulars relating wholly to the First Proposition being of most generall greatest present and future concernment of all other to the whole English Nation at this very instant most intollerably oppressed grieved by them directly sweeping away all their Fundamentall Right of Property and consequentially all their Liberty of person Laws Charters at once and that in perpetuity beyond all hopes of Future redemption if not timely prevented by the Vniversality Body of the Realm or their Trustees The first of them is the present imposition and continuance of the strange oppressive monstrous general high Tax of EXCISE imposed on most native and forreign Commodities throughout England and its Dominions which as it was a meer Stranger to all our Ancestors and those now living till within these few years so it was
no sooner projected by some evil Malignant Jesuited Counsellers about the late King but it was presently condemned and crushed in the very shell when first intended to be set on foot in England by King Charls with the advise and consent of his privie Council at White-Hall by a Commission under the Great Seal of England dated the last of February 3 Caroli issued to thirty three Lords of his Majesties Privie Council and others which authorized commanded them to raise monies BY IMPOSITIONS OR OTHERWISE as they in their wisdoms should finde most convenient and that only for these publike uses THE DEFENCE OF THE KING KINGDOM PEOPLE and of the Kings Friends and Allies beyond the Seas then in such imminent danger that WITHOUT EXTREAMEST HAZARD OF THE KING KINGDOM PEOPLE KINGS Friends and Allies it could admit of no longer delay In which INEVITABLE NECESSITY form and circumstance must rather be dispenced with than the substance lost The Commissioners being thereupon specially injoyned to be diligent in the Service and not fail therein as they tender his Majesties Honour and THE SAFETY OF THE KING and PEOPLE This Commission was no sooner discovered but it was presently complained of by the whole Commons House in the Parliament of 3 Caroli and upon Conference with the Lords it was immediately Voted adjudged by both Houses without one dissenting voyce TO BEE EX DIAMETHRO AGAINST LAW and CONTRARY TO THE PETITION OF RIGHT after which it was cancelled as such in the Kings own presence by his consent order and then sent cancelled to both Houses for their satisfaction before ever it was put in execution and all Warrants for and memorials of it cancelled damned destroyed the Commons further urging That the Projector thereof might be found out by strict inquiry and EXEMPLARILY PVNISHED as the Parliament Journal attests notwithstanding all the specious pretences of inevitable necessity imminent danger and the defence safety of the whole Kingdom People King and his forreign Protestant Friends and Allies then in greater real danger than any now appearing This Original Parliamentary Doom Judgement against that New Monster of Excise was ratified approved pressed by both Houses of Parliament in the Cases of Ship-money and the Commission of Array as you may read at large in Mr. Oliver St. Johns Speech and Declaration delivered at a Conference of both Houses concerning Ship-money 14 January 1640. printed by the Commons Order p. 13. to 20. and The Lords and Commons second Declaration against the Commission of Array Exact collection p. 884 885. from which they then drew this positive conclusion fit to be now considered by our New Governours and the whole Nation THAT TO DEFEND THE KINGDOM IN TIME OF IMMINENT DANGER IS NO SUFFICIENT CAVSE for the King and his Council much less then for those who condemned suppressed them for Tyrants and Oppressors of the People TO LAY ANY TAX OR CHARGE UPON THE SUBJECTS WITHOUT THEIR CONSENT IN PARLIAMENT Yea the whole House of Commons was so zealous against this Dutch Devil of Excise that in their Remonstrance of the state of the Kingdom 15 Decemb 1641. Exact Collection p. 3 4 6. they expresly brand censure the first Attempts to introduce it for A MALIGNANT and PERNI●IOUS DESIGN TO SUBVERT THE FUNDAMENTAL LAWS and PRINCIPLES OF GOVERNMENT upon which the JUSTICE OF THIS KINGDOM WAS FORMERLY ESTABLISHED as proceeding from JESUITED COVNSELS BEING MOST ACTIVE and PREVAILING yea for AN UNJUST and PERNICIOVS ATTEMPT TO EXTORT GREAT PAYMENTS FROM THE SUBJECTS Which was to be accompanied as now it is with Billited Souldiers in all parts of the Kingdom and the concomitant of German as now of English HORSE That the LAND MIGHT EITHER SUBJECT WITH FEAR or BE ENFORCED WITH RIGOVR TO SUCH ARBITRARY CONTRIBUTIONS AS SHOVLD BE REQVIRED OF THEM And when some rumours were first spread abroad that the COMMONS HOVSE INTENDED TO LAY EXCISE UPON PEW●ER AND OTHER COMMODITIES they were so sensible of the injustice and odiousness thereof that they thereupon published a special Declaration printed 8 Octob. 1642. Exact Collection p. 638. wherein they not only disclaim renounce any such intention but branded those Reports and Rumours for FALSE and SCANDALOVS ASPERSIONS raised and cast upon the House BY MALIGNANT and ILL-AFFECTED PERSONS TENDING MUCH TO THE DISSERVICE OF THE PARLIAMENT and Ordered That the AVTHORS OF THEM should be inquired aftèr apprehended and brought to the House TO RECEIVE CONDIGNE PUNISHMENT After which this Excise being notwithstanding this Disclaimer and much publick private opposition against it set on foot by some swaying Members upon a pretence of necessity for support of the Army to the great Oppression and Discontent of the People The Generall and general Council of Officers and Souldiers of THE ARMY themselves were so sensible of this illegal oft-condemned New grievance that in the Heads of their Proposals and particulars of their Desires in order to the clearing and securing of the Rights and Liberties of the Kingdom tendred to the Commissioners of Parliament residing with the Army the first of August 1647. printed in their Book of Declarations p. 118 published by their own and the Lords House special Order they ●ade this one principall Desire to the Parliament That the EXCISE may be taken off from such Commodities whereof the poor of the Land do ordinarily live and A CERTAIN TIME TO BE LIMITED FOR TAKING OFF THE WHOLE Yet notwithstanding all these Judgements and Out-cryes against it some of those very persons who thus publickly branded it both in the Parliament House and Army by irregular paper Ordinances as they intitle them dated 24 December 1653. March 17. 1653. and May 4. 1654. have by their own Self-derived supertranscendent Authority without yea against the Peoples consents or any Authority from Parliament imposed continued Excise upon our own Inland and Forreign Commodities in very high proportions from the twenty fourth of March 1654. till the twenty fourth of March 1655. And which is most observable prescribed it to bee levied by putting the Parties to an EX OFFICIO OATH against themselves by Fines Forfeitures SEQVESTRATIONS and SALES OF THE REFUSERS OPPOSERS PERSONAL and REAL ESTATES DISSTRESSES BREAKING UP OF THE PARTIES HOVSES SEISVRES OF THEIR GOODS IMPRISONMENT OF THE PERSONS OF ALL SUCH WHO SHALL HINDER OR OPPOSE THE MINISTERS OR OFFICERS IMPLOYED IN LEVYING or distraining for the same BY LOCKING UP THE DOORS or OTHERWISE And by these their unparalleld Edicts they further order That the Officers of Excise BOTH DAY AND NIGHT shall be permitted free entrance into ALL ROOMES and PLACES WHATSOEVER THEY SHALL DEMAND in Brewers Sope-boylers and others Houses under pain of forfeiture of fifty pounds for every refusal by colour whereof all mens Houses may be robbed plundered and their throats cut by Theeves and Robbers pretending themselves Excise-men Souldiers authorised to make such Searches as many of late have been And they with all their assistants shall bee kept indenspnified in
these words That the raising of Money for defraying the charges of present extraordinary Forces both by Land and Sea in respect of the present warrs shall be by consent of Parliament Save only that the Lord Protector with the consent of the Major part of the Councel for preventing the disorders and dangers which may otherwise fall out both at Sea and Land shall have power until the Meeting of the first Parliament on the 3. September 1654. to raise Monies for the purposes aforesaid The former part of this Article is consonant to and expounded by the 6. forecited which is more generall and the plain sense thereof is this That all monies raised for defraying the Extraordinary Forces both by Land and Sea exceeding the antient standing Garrisons Guards maintained by the old constant Revenues of the Crown without any Tax upon the People shall be by consent of parliament Therefore a fortiori all perpetual standing Taxes Excises Contributions to maintain the ordinary and extraordinary Forces by Land or Sea and ordinary expences of the Government which in respect of their constancy permanency are far more grievous dangerous to the Subject than rare extraordinary ones upon emergent occasions must and ought not to be imposed by their new created Power out of Parliament after the 3 of September It any here object That the latter clause of the 30 Article Save only c. Authorized those at Whitehall without a Parliament to impose Excises Taxes Customs Impositions Contributions forementioned and any other constant annual Revenue they shall settle according to the 27 Article so as it be done before September 3. 1654. Therefore they are all lawfull because imposed before that time by their printed Ordinances forecited I Answer 1. That this saving is utterly void in law to all intents 1. Because it is not only contrary to all our Fundamental Laws Great Charters Statutes but repugnant to the body of the 6 Article and first part of the 30 to which it is annexed 2. Because it assigns the Legislative Tax-imposing Power the inseparable incommunicable Iurisdiction of our Parliaments alone to a new Whitehall Councel by a void instrument made out of Parliament for a certain time which biggest Soveraign power the Parliament it self neither legally may nor can nor ought to transfer by any Ordinance or Act of Parliament to any Committee of their own Members no not for a moment as is both resolved and declared by Act of Parliament 1 H. 4. c. 3. and Rot. Parl. 1 H. 4. n. 26 48 6 6 70. 31 H. 8. c. 8. 34 H. 8. c. 23. and 1. E. 6. c. 12. it being derogatory and destructive to the free State power Rights of Parliaments tending to the great incommodity of the whole Realm and of pernicious example to Posterity as the whole Parliament of 1. H. 4 long since resolved in positive termes 2ly This saving is just like the Popes old Detestable Non Obstante at the close of their Bulls quae omnem subvertit praehabitam Justitiam which subverted all the Justice and Privileges granted before to any in the Body of those Bulls and as pernicious as that Proviso which the House of Lords desired at first to have inserted into the Petition of Right which would have made it Felo de se because it insinuated that the King by his Soveraign power where with the Law had intrusted him for the protection safety and happinesse of his People might impose any Aid Tax Tallage or charge upon his People without a Parliament though by his ordinary power he could not do it which had left the Subjects in worse case than it found them and wholly destructive to it self in all the parts thereof whereupon after a conference had concerning it by the Commons it was totally rejected by both Houses as this Salvo must be for the self same reason 3ly Admit it valid yet it gives power to them to raise moneys for the maintenance by Land and Sea only until September 3. 1654. and no longer as is evident by the very words themselves and the Confession Exposition of those who made the Instrument as most suppose in their True State of the Case of the Commonwealth of England c. 1654. p. 39. 40. in these words This power is to continue only til the sitting of the next Parliament Yea George Smith in his new Treatise intituled Gods unchangeablenesse c. in justification of the present Governour and Government p. 54. writes thus And for his seeking to have power to make Laws and raise mon●ys it is meer calumniation He seeks it not He claimes it not but leaves it to the wisdom of Parliament as appears in Artiole 6. as is thus excepted for and in Cases of safety and necessity till the time that this present Parliament was assembled and yet to be done by him with the advice of his Council so then he seeks not the strength nor treasure of the Nation nor to have it in his own power Therefore they can impose no Taxes Excises nor Contributions by their printed Ordinances to continue after its beginning nor by any future Ordinances as they term them after that time Now the first Tax of Excise forementioned is imposed till the 26 of March 1655 which is 7 months after the 3 of September 1654. The 2 of Customs Tonnage and Poundage is continued til the 26 of March 1658 which is 3 years and 7 months after this 3 of September And the 3 for the 6 Months Contribution reacheth till the 29 of December 1654 which is near full 4 Months after the first sitting of that their next Parliament And any constant yearly Revenue setled by them will far exceed this limited time and all former Taxes Therefore all these premised and all other future Excises Customs Impost Contributions by pretended Ordinances for their levying after the 3 of September exceeding the power and time limited by this Saving must be void and no ways warranted by the very Saving it self and to be opposed as such 4ly To say That although these several impositions continue after the 3 of September 1654 yet they were imposed by their Printed Ordinances before it therefore within this Saving is a most absurd excuse and shift repugnant to the words yea wholly destructive to the 6 Article and first part of the 30 For by this reason had their forecited Ordinances or any other dormant or future Antedated ones yet unpublished imposed Excises Customs Tonnage Poundage Contributions on us for twenty fifty an hundred or a thousand years yet to come before the 3. of September they must have been binding to us and our Posterities during all that space and unavoidable by the people or future Parliaments by this Saving and exposition of it But the words of this Saving giving only Power to raise Monies until the Méeting of the first Parliament not to make New Edicts any time before it to impose and continue Taxes for any time or years after
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.