of the said KING robbing slaying spoiling a great part of his faithfull People Our said Soveraign Lord the King considering the promises with many other which were more odious to remember by advice and assent of the LORDS Spirituall and Temporall and at THE REQVEST OF THE COMMONS and by authority aforesaid hath ordained and established that the said Iohn Cade shal be had named and declared a false Traytor to cur said Soveraign Lord the King and that all His Tyranny Acts Facts false Opinions shall be voyded abated adnulled destroyed and put out of remembrance for ever And that all indictments in time coming in like case under power of Tyranny Rebellion and stirring had shall be of no regard nor effect but void in Law and all the petitions * delivered to the said King in his last Parliament holden at Westminster the sixth day of November the 29 of his Reign against his mind by him not agreed shall be taken and put in oblivion out of remembrance undone voided adnulled and destroyed for ever as a thing purposed against God and his Couscience and against his royall estate and preheminence and also dishonourable and unreasonable 5. In the a 8 year of King Henry the 8. William Bell and Thomas Lacy in the County or Kent conspired with Thomas Cheyney the Hermite of the Queen of Fairies TO OVERTHROW THE LAWS AND CVSTOMS OF THE REALM for effecting whereof they with 200. more met together and concluded upon a cause or raising greater forces in Kent and the adjacent shires this was adiudged high treason and some of them executed as traytors Moreover it b was resolved by all the Judges of in the reign of Henry S. that an Insurrection against the Statute of Labourers or for the inhansing of salaries and wages was Treason a levying war against the King Because it was generally against the KINGS LAW and the Offenders tooke upon them the REFORMATION thereof which Subjects by gathering of power ought not to do 6. On a December 1. in the 21. yeer of King Henry the 8. Sir Thomas Moor Lord Chancellor of England with 14. more Lords of the Privy Councel Iohn Fitz Iames Chief Justice of England and Sir Anthony Fitzherbert one of the Judges of the Common Pleas exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinall Wolsy That he had by divers and many sundry ways and fashions committed High Treason and notable grievous offences misusing altering and subverting the order of his Graces Laws and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royall to the inestimable great hinderance dimunition and decay of the universal Wealth of this his Graces Realm The Articles are 43. in number The 20 21 26 30 35 47 42 43. contain his illegal arbitrary practices and proceedings to the subversion of the due course and order of his Graces Laws to the undoing of a great number of his loving people Whereupon they pray Please therefore your most excellent Majesty of your excellent goodness towards the Weal of this your Realm and Subjects of the same to see such order and direction upon the said Lord Cardinal as may bee to terrible example of others to beware to offend your Grace and your Lawes hereafter And that he be so provided for that he never have any power jurisdiction or authority hereafter to trouble vex or impoverish the Commonwealth of this your Realm as he hath done heretofore to the great hurt and dammage of every man almost high and low His * poysoning himself prevented his Iudgment for these his practises 7. The b Statute of 1. Marieâ— 12. Enacts that if 12. or more shall endeavour by force to alter any of the laws or statutes of the Kingdome the offender shall from the time therein limited be adjudged ONELY AS A FELON whereas it was Treason before but this act continuing but till the next Parliament and then expiring the offence remains Treason as before 8. In the a 39. of Queen Elizabeth divers in the County of Oxford consulted together to go from house to house in that County and from thence to London and other parts to excite them to take arms for the throwing down of inclosures throughout the Realm nothing more was prosecuted nor assemblies made yet in Easter Term 39. Elizabeth it was resolved by all the Judges of England who met about the case That this was High Treason and a levying Warre against the Queen because it was to throw down all inclosures throughout the Kingdome to which they could pretend no right and that the end of it was to overthrow the Laws and Statutes for Inclosures Whereupon BRADSHAW and BVRTON two of the principall offenders were condemned and executed at Aicâ—ston Hill in Oxfordshire where they intended their first meeting 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 16â—0 1641 b The whole House of Commons impeached Thomas Earle of Stafford Lord Deputy of Ireland of high Treason amongst other Articles for this crime especially wherein all the other centred that he Treasonably endeavoured by his Words actions and Counsels to subvert the Fundamentall Lawes of ENGLAND and IRELAND and introduce an arbitrary and Tyrannicall Government This the whole parliament declared and adjudged to be High treason c in and by their votes and a speciall act of parliament for his attainder for which he was condemned and soon after executed on Tower Hill as a traytor to the King and Kingdome May 2â— 1641. 10. The whole House of Commonâ— the same Parliament impeached William Lâ—â—d archbishop of Canterbury of HIGH TREASON in these 〈…〉 1646. First that he hath traytorously endeavoured 〈…〉 Fundamental Lawes and Government of this Kingdome of England and instead thereof to introduce an Arbitrary and Tyrannical Government against Law And hee to that end hath wickedly and Traiterously advised his Majesty that hee might at his own will and pleasure levy and take Money of his Subjects without their consent in parliament and this hee affirmed was warrantable by the Law of God Secondly He hath for the better accomplishment of that his Trayterous design advised and procured Sermons and other Discourses to be preached printed and published in which the authority of parliaments and the force of the Laws of this Kingdome have been denyed and absolute and unlimited power over the persons and estates of his Majesties Subjects maintained and defended not onely in the King but in himself and other Bishops against the Law Thirdly he hath by Letters Messages Threats and promises and by divers other ways to Judges and other Ministers of Justice interrupted perverted and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of Justice in his Majesties Courts at Westminster and other Courts to the subversion of the LAWES of this KINGDOME whereby sundry of his Majesties Subjects have been stopt in their
when the c whole Body of our Laws and all its Professors are violently assaulted and devoted unto sudden ruine by many lawlesse spirits who hath so much Courage magnanimity Honesty Zeal or cordial Love to his native Country remaining in his brest as manfully to appear in publike for the strenuous necessary defence of these our Hereditary Fundamental Laws Liberties Rights Franchises though their own and every other English Freeman's best Inheritance and Security for fear of being persecuted imprisoned close imprisoned exiled condemned destroyed as a Traytor Rebell Seditious person Enemy to the publike or disturber of the Kingdoms Peace by those who are truly such I thereupon conceived I could not undertake or perform a more necessary seasonable beneficial Service for my Country and not to be like those who are ashamed afraid for the most part to own visit or be seen in the company of those Gallant men much lesse to assist defend and stick close unto them in their dangers according to the sixth Article of their late Solemn League and Covenant who have suffered acted and stood up most for their Common Liberties Rights Freedoms Religion against all invading Tyrants to their great discouragement and betraying nor 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 then in this juncture of our publike affairs to present our whole distracted unsetled Kingdome with An Historical and Legal Vindication and Chronological Collection in all Ages of these Ancient Hereditary Liberties Franchises Rights Contests Laws Charters Records Monuments of former and late times for their Confirmation and inviolable Obâ—rvation which our Ancestors and our Selves have alwayes hitherto reputed FUNDAMENTAL UNALTERABLE 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 bloud And if upon the serious perusal of them the uniuersality of our degenerated Nation after their many late solemn Protestations Vows Leagues Covenants Remonstrances inviolably to defend and maintain them shall 〈◊〉 so undervaelue them now at last as 〈◊〉 actually have done as not to esteem them worth the owning maintaining vindicating or perpetuating and longer and thereby draw upon their headache real guilt of all those bloudy Wars Murders Tumults Violences Rapines Oppressions Sins Mischiefs Illegal Taâ—es Excises Exorbitancies which their many late yeers pretended Necessary Defence and Preservation have brought upon ouâ— three whole Nations let them henceforth like so man â—astardly conquered Bond slaves bored thorow the earesâ— publikely disavow disclaim renounce abiure them for themselves and their Posterities for ever as meer worthlesse toyes or pernicious inventions fit onely to kindle perpetuall Wars and Discords between King and People Head and Members Superiours and Inferiours or as poor slender Cobwebs as now they prove fit to hold none within compasse but the very weakest flyes broken thorow with 〈◊〉 and impunity by every greater fly creeping up into any Power or Supreme Authority by Right or Wrong and swept down to the very ground by every New Broom in the hand of upstart Innovators But if upon saddest deliberation they shall really estimate them to be such incomparable rich precious jewels and ancient inheritances as are every way worth the infinite Treasures Warres Blood Cares Consultations Troubles heretofore and of late yeers 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 henceforth conclude with the Poet Non minor est virtus quam quaerere PART A TVERI and both by their Votes and Actions return the self-same peremptory magnanimous answer to any Caesar Conqueror Patentate Power or Combination of men whatsoever who shall endeavour by force fraud â—â—flattery to compel or perswade them to sell resign betray 〈◊〉 these their Antistrial Priviledges 〈…〉 to them 〈…〉 once did to King Ahab 1 King 21. 3. The Lord forbid â— us that we 〈◊〉 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 refusal as much as Naboth did from bloudy Ahab and Jezâ—bel 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 Oathes 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 were I owner of them then wittingly negligently or unworthily fell betray or resign them up to any Mortals or Powers whatsoever upon any Pretences or Conditions after all my former Publications Contests Sufferings c. for their just Defence Now to the end all 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 cheerfully undertaken for their preservation I have at vacant hours compiled this enâ—uinâ—Vindication and Collection of the Old Fundamental Liberties Franchises Laws of all English Free-men which I shall be queâ—th to my most beloved native Country in generall and every reall Herâ—â—â—k Patron of them in particular as the best Legacie I can leave behind me both for their 〈…〉 future Enfranchisement Immunity Security from all 〈…〉 tyranny Slavery and yokes of Bondage under 〈…〉 have a long time languished and 〈…〉 The Method I resolve herein to pursue is this 1. I shall produce some punctual Authorities of moment to evidence That the Kingdome and Free-men of England have some ancient Hereditary just Rights Liberties Priviledges Franchises Laws and Customs properly called FVNDAMENTAL and likewise a FVNDAMENTAL Government no wayes to be altered undermined subverted directly or indirectly to the Publike prejudice under pain of high 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 eagerly contended for as FUNDAMENTAL essential to their being and well-being as a Free People Kingdom Reipublike unwilling to be enslaved under any yokes of Tyranny any Arbitrary Impositions or Powers whatsoever And then give you a brief Touch of their several late unparallel'd violations both by the Edicts and Actions of usurping Powers 3. I shall in a Chronological way tender you a large Historical Catalogue of Contests Votes Declarations Remonstrances Oathes Vows Protestations Covenants Engagements Evidences Statutes Charters Writs Records
established by a Law consented to by your Majesty is in effect denied to be a Parliament c. And hereupon we think our selves bound to let your Majesty know That since the * continuance of this Parliament is setled by a Law which as all other Laws of your Kingdom your Majesty is sworn to maintain as we are sworn to our Allegiance to your Majesty these Obligations being reciprocal we must in duty and accordingly are resolved with our lives and fortunes to defend and preserve the just Rights and full Power of this Parliament To which the Earl of Essex then General by both Houses direction in his Letter to the Earl of Forth Jan. 30. 1643. adds this Corollary My Lord the maintenance of the Parliament of England and the Priviledges thereof is that for which we are all resolved to spend our bloud as being THE FOUNDATION WHEREON ALL OUR LAWS and LIBERTIES ARE BUILT Which both the Lords and Commons assembled in Parliament in their Declaration of 23. Martii 1643. touching their proceedings upon his Majesties Letter concerning a Treaty of Peace wherein this Earls former Letter is recited thus second The Parliament of England is the only Basis the chief Support and Pillar of our Laws and Liberties c. And if notwithstanding all these Obligations the King shall * at his pleasure dissolve this Parliament the Kingdom is not only deprived of the present but made uncapable of enjoying the benefit of any future Parliament or Laws any longer then shall stand with the will and pleasure of the King and consequently THE FUNDAMENTALS OF ALL OUR LAWS GOVERNMENT ARE SUBVERTED Let the Parliament-dissolving officers Army and their Confederates seriously ponder this with all who shall hereafter sit in Parliament consider it in the first place The eleventh is the a Ordinance of both Houses of Parliament 13. Junii 1644. for the Forces raised in the County of Salop which begins thus The Lords and Commons assembled in Parliament taking into their serious considerations the great oppressions under which the Inhabitants of the County of Salop by reason of insupportable Taxes c. and the present condition of the County by reason of the great number of Irish Rebels that have invaded it and joyned with Papists and other ill-affected persons now in those parts doth threaten the extirpation of the Protestant Religion and the subversion of the FUNDAMENTAL LAWS and GOVERNMENT of the Kingdom For prevention whereof c. The twelfth is b A Declaration of the Commons of England assembled in Parliament 17 Aprilis 1646. of their true intentions concerning the ANCIENT FUNDAMENTAL GOVERNMENT OF THE KINGDOM securing the people against ALL ARBITRARY GOVERNMENT c. wherein they complain that the Enemy being in despair to accomplish his designs by War do misrepresent our intentions in the use we intended to make of the great Successes God hath given us and the happie opportunity to settle Peace and truth in the three Kingdoms to beget a belief that we now desire to exceed or swerve from our first Aims and Principles in the Undertaking of this War and to recede from the Solemn League and Covenant and Treaties between the two Kingdoms and that we would prolong these uncomfortable troubles and bleeding Distractions IN * ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION FRAME OF THIS KINGDOM to leave all Government in the Church loose and unsetled and our selves to exercise THE SAME ARBITRARY POWER OVER THE PERSONS ESTATES OF THE SUBJECTS which this present Parliament hath thought fit to abolish by taking away the Star-Chamber High Commission and other Arbitrary Courts and the exorbitant Power of the Councel Table all which we have seen since experimentally verified in every particular in the highest degree notwithstanding this Declaration by some in late and present Power notwithstanding this Publication All which being seriously considered by us c. We do declare THAT OUR TRUE REAL INTENTIONS ARE OUR ENDEAVOR SHALL BE to settle Religion in the purity thereof * TO MAINTAIN THE ANCIENT FUNDAMENTAL GOVERNMENT OF THIS KINGDOM TO PRESERVE THE RIGHTS LIBERTIES OF THE SUBJECT to lay hold on the first opportunity of procuring a safe and well-grounded Peace in the three Kingdoms and to keep a good understanding between the two Kingdoms of England and Scotland according to the grounds expressed in the Solemn League and Covenant And lest these Generals should not give a sufficient satisfaction we have thought fit to the end men might no longer be abused in a misbelief of our intentions or a misunderstanding of our actions to make this further enlargement upon the particulars And first concerning Church-Government c. because we cannot consent to the granting of an Arbitrary and unlimited Power and Jurisdiction to neer ten thousand Judicatories to be erected within this Kingdom and this demanded in such a way as is not consistent with THE FUNDAMENTAL LAWS GOVERNMENT OF THE SAME c. our full Resolutions still are sincerely really and constantly to endeavour the Reformation of Religion in the Kingdoms of ENGLAND IRELAND in Doctrine Worship Discipline and Government according to the Word of God and the example of the best Reformed Churches and according to the Covenant WE ARE * SO FAR FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOM BY KING LORDS COMMONS That we have only desired that with the consent of the King such Power may be setled in the TWO HOUSES without which we can have no assurance but that the like or greater mischiefs then those which God â—ath hitherto delivered us from may break out again and engage us in a second and more destructâ— ve War whereby it plainly appears OUR INTENTIONS ARE NOT TO CHANGE THE ANCIENT FRAME OF GOVERNMENT WITHIN THIS KINGDOM but to obtain the end of the Primitive Institution of all Government THE SAFETY WEAL OF THE PEOPLE not judging it wise or safe after so bitter experience of the bloudy Consequences of a * pretended Power of the Militia in the King to leave any colourable authoâ—ity in the same for the future attempts of introducing AN ARBITRARY GOVERNMENT OVER THIS NATION We do declare That we will not nor any by colour of any Authority derived from us shall interrupt the †ordinary course of Justice in the several Courts and Judicatories of this Kingdom nor intermeddle in cases of private interest otherwhere determinable unless it be in case of Male-Administration of Justice wherein we shall see and provide that Right be done and punishment inflicted as there shall be occasion ACCORDING TO THE LAWS OF THE KINGDOM Lastly Whereas both Nations have entred into a Solemn League and Covenant we have and EVER SHAL BE VERY CAREFUL DULY TO OBSERVE THE SAME That as nothing hath been done SO NOTHING SHALL BE DONE BY US REPUGNANT TO THE TRUE MEANING AND INTENTION THEREOF c. WHO WILL NOT DEPART FROM THOSE GROUNDS
AND PRINCIPLES upon which it was framed and founded Though the Generality of the afterwards-secured and secluded Majority of the House of Commons endeavoured constantly to make good this Declaration in all particulars yet how desperatly the garbled Minority thereof continuing in power after their Seclusion prevaricated apostatized and falsified their Faith and Engagements herein in every particle in the highest Degree we cannot but with greatest grief of heart and detestation remember to the subversion â—uine of our King Lords Commons Kingdom Parliaments Fundamental Laws Government and the Peoples Liberties c. almost beyond all hopes of restitution or reparation in humane probability without a miracle from heaven The Lord give them grace most seriously to consider of repent and really sincerely reform it now at last and not still add drunkenness to thirst lest they bring them to temporal and eternal condemnation for it in Gods own due time and engender endless Wars Troubles Taxes Changes Confusions in our Kingdoms as they have hitherto done By this full Jury of Parliamentary Authorities to omit many others of like or a inferiour nature and less moment it is undeniable That the People of England have both ancient Fundamental Rights Liberties Franchises Laws and a Fundamental Government which like the Laws of the Medes and Persians neither may or ought to be altered violated or innovated upon any pretence but perpetually maintained defended with greatest care vigilancy resolution and he who shall still deny or oppugne it deserves no refutation by further arguments since it is a received Maxime in all Arts Contra Principia negantâ—â—â— non est disputandum but rather demerits a sentence of Condâ—â—nation and publike Execution at Tyburn as a common Enemy Traytor to our Laws Liberties Nation it being no less then 〈◊〉 transcendent Crime and High Treason by our Laws for any person or persons secretly or openly to attempt the 〈◊〉 or subversion of our Fundamental Laws Rights Liberties Government especially by fraud treachery force or armed power and violence the later part of my first Proposal which I shall now confirm by these twelve following Presidents and Evidences corroborating likewise the former part that we have such Fundamental Laws Liberties Rights Franchises and a Fundamental Government too In the b fifth year of King Richard the second the vulgar rabble of people and villains in Kent Essex Sussex Norfolk Cambridgeshire and other Countreys under the Conduct of Wat Tyler Jack Straw and other Rebels assembling together in great multitudes resolved by force and violence to abrogate the Law of villenage with all other Lawes they disliked formerly setled to burn all the Records kill and behâ—ad all he Judges Iustices and men of Law of all sorts which they could get into their hands to burn and destroy the Innes of Court as they did then the new Temple where the Apprentices of the Law lodged burning their Monuments and Records of Law there found to alter the Tenures of Lands to devise new Laws of their own by which the Subjects shold be governed to change the ancient Hereditary Monarchicall Government of the Realm and to elect petty elective Tyrannies and Kingdoms to themselves in every Shire a project eagerly prosecuted by some Anarchical Anabaptists Jesuits and Levellers very lately and though withall they intended to destroy the King to last and all the Nobles too when they had gotten sufficient power yet at first to cloak their intentions for the present they took an Oath of all they met Quod Regi communibus fidelitatem servarent that they should keep allegeance and faith to the King and Commons this their resolution and attempt thus to alter and subvert the laws government upon full debate in the Parliament of 5. R. 2. n 30 31. was declared to be High Treason against the King and against the Law for which divers of the chief Actors in this Treasonable design were condemned and executed as Traitors in several places and the rest enforced to a publike submission and then pardoned 2. In the a Parliament XL R. 2. as appears by the Parliament Rolls and printed Statutes at large three Privie Counâ—cellors the Archbishop of York the Duke of Ireland and Earl of Suffolk the Bishop of Exeter the Kings Confessor five Knights six Judges where of Sir Robert Trisilian Chief Justice was one Blake of the Kings Councel at Law Vsk and others were impeached and condemned of High Treason some of them executed as Traytors the rest banished their Lands and goods ferfeited and none to endeavour to procure their pardon under pain of Felony for endeavouring to overthrow a Commission for the good of the Kingdome and contrary to an Act of Parliament of force of arms and Opinions in Law delivered to the King tending to subvert the Laws and Statutes of the Realm overthrow the Power Priviledges and proceedings of Parliament and betray not all the house of Lords but only some of the Lords of Parliament which Judgment being afterwards reversed in the forced and packed Parliament of 21. R. 2. was reconfirmed in the Parliament of 1 H. 4. c 3. 4 5. and the Parliament of 21. R. 2. totally repealed and adnulled for ever and hath so continued 3. In the a Parliament of 17 R. 2. n 20. and Pas. 17. R. 2. B. R S. Rot 16. Sir Thomas Talbot was accused and sound guilty of High Treason for conspiring the death of the Dukes of Glocester Lancaster and other Peers who maintained the Commission confirmed by act of Parliament X R. 2. and assembling people in a warlike manner in the County of Chester for the effecting of it in destruction of the Estates of the Realm and OF THE LAWES OF THE KINGDOME 4. In the 29. year of King Henry the sixth Jack Cade under a pretence to REFORM alter and abrogate some Laws Purveyances and extortions importable to the Commons whereupon he was called JOHN AMEND ALL drew a great multitude of Kentish people to Black Heath in a warlike manner to effect it in the Parliament of 29. H. 6. c. 1. this was adjudged High Treason in him and his Complices by act of Parliament and the Parliament of 31. H. 6. c 1. made this memorable Act against him and his Imitators in succeeding ages worth serious perusual and consideration by all who tread in his footsteps and over-act him in his Treasons Whereas the most abominable Tyrant horrible odious and erraut FALSE TRAITOR Iohn Cade calling himself sometimes Mortimer sometime Captain of Kent which Name Fame acts and Feats to be removed out of the speeh and mind of every faithful Christian man perpetually fasly and trayterously purposing and imagining the pertual destruction of the KINGS PERSON and FINALL SUBVERSION OF THIS REALM taking upon him * ROYALL POWER and gathering to him the Kings people in great number BY FALSE SVBTIL IMAGINED LANGVAGE and seditiously made a stirring Rebellion and insurrection under Colour of Justice for Reformation of the LAWS
just suits deprived of their lawfull Rights and subjected to his Tyrannicall will to their ruine and destruction Fourthly That he hath Trayterously endeavoured to corrupt the other Courts of Justice by advising and procuring his Maiesty to sell places of Judicature and other offices contrary to the Laws and Customes in that behalf Fifthly He hath Trayterously caused a Book of Canons to be compiled and published without any Lawfull warrant and authority in that behalf in which pretended Canons many matters are contained contrary to the Kings prerogitive to the Fundamentall Laws and statutes of this Realm to the Rights of Parliament to the property and Liberty of the subject and matters tending to sedition and of dangerous consequence and to the establishing of a vast unlawful presumptuous power in himself and his successors c. Seventhly That he hath trayterously endeavoured to alter subvert Gods true Religion BY LAW EST ABLISHED and instead thereof to set up Popish Religion and Idolatry And to that end hath declared and maintained in Speeches and printed Books divers popish doctrines and opinions contrary to the Articles of Religion ESTABLISHED BY LAW Hee hath urged and enjoyned divers popish and superstitious Ceremonies WITHOUT ANY WARRANT OF LAW and hath cruelly persecuted those who have opposed the same by corporal punishments and imprisonments and most unjustly vexed others who refused to conform thereunto by Ecclesiastical Censures Excommunication Suspension Deprivation and Degradation contrary to the Laws of this Kingdome 13. He did by his own authority and power contrary to Law procure sundry of his Majesties Subjects and enforced the Clergy of this Kingdome to contribute towards the maintenance of the war against the Scots That to preserve himselfe from being questioned for these and other his Trayterous Courses hee hath laboured to Subvert the Rights of Parliament and the ancient Course of parliamentary proceedings and by false and malicious slanders to incense His Majesty against Parliaments All which being proved against him at his Tryall were after solemn Argument by Mr. Samuel Brown in behalf of the Commons House proved and soon after adjudged to be High Treason at the Common Law by both Houses of Parliament and so declared in the Ordinance for his Attainder for which he was condemned and beheaded as a Traytor against the King Law and Kingdom on Tower-hil January 10. 1644. 11. In the a same Parliament December 21. Ian. 14 February 11. 1640. and Iuly 6. 1641. Sir John Finch then Lord Keeper chief Justice Bramston Judge Berkley Judgeâ—Crawley Chiefe Baron Davenport Baron Weston and Baron Turnour were accused and impeached by the House oâ— Commons by several articles transmitted to the Lords of High Treason for that they had Traitorously and wickedly endeavoured to subvert the Fundamentall Laws and established Government of the Realm of England and instead thereof to introduce an arbitrary and Tyrannicall Government against Law which they had declared by traiterous and wicked words opinions judgment and more especially in this their extrajudical opinion subcribed by them in the case of ship-money viz. We are of opinions that when the good and safety of the kingdome in general is concerned and the whole kingdome in danger your majesty may by wrâ—â— under the great Seal of england without consent in parliament command all your subjects of this your kingdome at their charge to provide and furnish such a number of ships with men victual and ammunition and for such time as your Majesty shall think fit for the defence and safeguard of the kingdome from such danger and peril and we are of opinion that in such case your Majesty is the sole Judge both of the danger and when and how the same is to be prevented and avoided and likewise for arguing and giving judgment accordingly in Master Iohn Hampdens case in the Exchequer Chamber in the point of ship money in April 1638. which said opinions are Destructive to the Fundamentall Laws of the Realm the subjects right of propriety and contrary to former Resolutions in parliament and the petition of right as the words of their several Impeachments run Sir John Finch fled the Realm to preserve his head on his shoulders some others of them died through fear to prevent the danger soon after their Impeachments and the rest put to Fines who were less peccant 12. Mr. Iohn Pim in his Declaration upon the whole matter of the Charge of High Treason against Thomas Earle of Stafford April 12. 1641. before a Committee of both Houses of Parliament in Westminster hall printed and published by order of the house of Commons proves his endeavour to subvert the fundamentall Law of England and to introduce an Arbitrary Power to be High Treason and an offence very hanious in the nature and mischievous in the effects thereof which saith he will best appear if it be examined by that universall and supream Law Salus Populi the element of all lawes out of which they are derived the end of all Lawes to which they are designed and in which they are perfected 1. It is an offence comprehending other all offences Here you shall finde severall Treasons Murthers Rapins Oppressions Perjuries There is in this Crime a Seminary of all evills hurtfull to a State and if you consider the Reasons of it it must needs be so The Law is that which puts a difference betwixt Good and Evill betwixt just and unjust If you take away the Law all things wiill fall into Confusion every man will become a law to himself which in the depraved condition of humane nature must needs produce many great enormities Lust will become a Law and Envy will become a Law Covetousnesse and Ambition will become Lawes and what Dictates what decisions such Lawes will produce may easily be discemed in the late Government of Ireland and England too since this The Law hath a power to prevent to restrain to repair evils without this all kinds of mischiefes and distempers will break it upon a State It is the Law that doth the King to the alegiance and Service of his people it intitles the people to the Portection and Justice of the King c. The Law is the Bondary the measure betwixt the Kings prerogative and the peoples liberty whiles these move in their own Orb they are a support and security to one another but if these Bounds be so removed that they enter into contestation and conflict one of these mischiefs must needs ensue If the Prerogative of the King overwhelme the liberty of the people it will be turned into Tyranny If liberty undermine the peprogative it will turne into Anarchy The Law is the safegard the custody of all private interests your honours your lives your liberties and estates are all in the keeping of the Law without this every man hath a like Right to any thing and this is the condition into which the Irish were brought by the Earle of Strafford and the English by
and Grandees of these present and late past times may behold their own faces and deformities and the whole Nation their sad condition under them In the residue of that his printed Speech he compares the Treason of the Ship-money Judges and of Sir Robert Tresylium and his Complices in XI R. 2. condemned and executed for Traytors by Judgement in Parliament for endevouring to subvert the lawes and statutes of the Realm by their illegall Opinions then delivered to King Richard at Nottingham Castle not out of conspiracy but for fear of death and corporall Torments wherewith they were menaced whose offence he there makes transcendent to theirs then in six particulars as those who please may there read at leisure being over large to transcribe I could here inform you that the Fundamentall lawes of our Nation are the same in the Body politique of the Realm as the Arteries Nerves Veins are in and to the naturall Body the Bark to the tree the Foundation to the House and therefore the cutting of them asunder or their Subversion must of necessity kill destroy disjoyne and ruine the whole Realme at once therefore it must be Treason in the highest degree But I shall only subjoyn here some materiall passages in his Argument at Law concerning the Attainder of high Treason of Thomas Earl of Strafford before a Committee of both Houses of Parliament in Westminster Hall April 29. 1641. soon after printed and published by Order of the Commons House wherein p. 8. he laies down his Position recited again p. 64. That Straffords Endeavouring to subvert the Fundamentall Lawes and Government of England and Ireland and instead thereof to introduce a tyrannicall Government against Law is Treason by the Common-Law That Treasons at the Common-Law are not taken away by the Statutes by 25. E. 3. 1. H. 4. c. 10. 1. Mar. c. 1. nor any of them The Authorities Judgements in and out of Parliament which he cites to prove it have been already mentioned with some others he omitted I shall therefore but transcribe his Reasons to evince it to be Treason superadded to those alledged by him against the Ship money Judges Pag. 12. It is a Warre against the King Let our Military Officers and souldiers consider it when intended The alteration of the Lawes or Government in any part of them This is a levying Warre against the King and so Treason within the Statute of 25 E 3. 1. Because the King doth maintain and protect the Lawes in every part of them 2. Because they are the Kings lawes He is the Fountain from whence in their severall Channels they are derived to the Subject Whence all our indictments run thus Trespasses laid to be done Contra pacem Domini Regis c. against the Kings Peace for exorbitant offences though not intended against the Kings Person against the King his Crown and dignity Pag. 64. In this I shall not labour at all to prove That the endevouring by words Counsels and actions To subvert the Fundamentall Lawes and Government of the Kingdome is Treason at the Common Law If there be any Common Law Treasons at all left NOTHING TREASON IF THIS NOT TO MAKE A KINGDOME NO KINGDOME Take the Polity and Government away England's but a piece of earth wherein so many men have their commerce and abode without rank or distinction of men without property in any thing further than in possession no Law to punish the murdering or robbing one another Pag. 70 71 72. The horridnesse of the offence in endeavouring to overthrow the Lawes and present Government hath been fully opened before The Parliament is the representation of the whole Kingdome wherein The King as Head your Lordships as the more Noble and the Commons the other Members are knit together in one body Polititick This dissolved the Arteries and Ligaments that hold the body together THE LAWES He that takes away the Lawes takes not away the Allegiance of one Subject only but of the whole Kingdome It was made Treason by the Statute of 13. Eliz. for her time to affirm That the Lawes of the Realme doe not binde the descent of the Crown No Law no descent at all NO LAWES NO PEERAGE no ranks nor degrees of men the same condition to all It s Treason to kill a Judge upon the Bench this kils not Judicem sed JVDICIVM There be twelve men but no Law never a Judge amongst them It s felony to embezel any one of the Judiciall Records of the Kingdome THIS AT ONCE SWEEPS THEM ALL AWAY and FROM ALL It s Treason to counterfeit a twenty shilling piece here 's a counterfeiting of the Law we can call neither the counterfeit nor the true coin our own It s Treason to counterfeit the Great Seal for an Acre of Land No property is left hereby to any Land at all Nothing Treason now against King or Kingdome No Law to punish it My Lords if the question were asked in Westminster Hall whether this were a Crime punishable in Star Chamber or in THE KINGS BENCH by Fine or imprisonment They would say It were higher If whether Felony They would say That is an offence only against the life or goods of some one or few persons It would I beleeve be answered by the Judges as it was by the Chief Justice Thirning 21 R. 2. That though he could not judge the Case TREASON there before him yet if he were a Peer in Parliament HE WOVLD SO ADJUDGE IT And so the Peers did herein Straffords and not long after in Canterburies Case who both lost their heads on Tower Hill I have transcribed these passages of Mr. Oliver St. Iohn at large for five Reasons 1. Because they were the voice and sense of the whole House of Commons by his mouth who afterwards owned and ratified them by their speciall Order for their publication in print for information and satisfaction of the whole Nation and terrour of all others who should after that either secretly or openly by fraud or force directly or indirectly attempt the subversion of all or any of our Fundamentall Laws or Liberties or the alteration of our Fundamentall Government or setting up any arbytrary or Tyranicall Power Taxes Impositions or new kinds of arbitrary Judicatories and imprisonments against these our Lawes and Liberties 2. To mind and inform all such who have not only equalled but transcended Strafford and Canterbury in these their High Treasons even since these Publications Speeches and their exemplary executions of the hainousnesse in excusablenesse wilfulnesse maliciousnesse Capitalnesse of their crimes which not only the whole Parliament in generality but many of themselves in particular so severely prosecut condemned and inexorably punished of late years in them that so they may bewail repent of and reform them with all speed and diligence as much as in them lies And withall I shall exhort them seriously to consider that Gospel terrifying passage Rom. 2. 1 2 3. Therefore thou art inexcusable O man whosoever thou art
this businesse in the Army where it was first coined and return an Accompt hereof to this House These Votes were seconded soon after with these ensuing votes entred in the Commons Journall and printed by their special Order 23. November 1647. A Petition directed to the Supream Authority of England the Commons in Parliament assembled The humble petition of many Free born people of England c. was read the first and second time Resolved upon the Question that this petition is A sedititious and contemptuous avowing and prosecution of a former petition and paper annexed stiled an agreement of the people formerly adjudged by this House to be Destructive to the being of Parliaments and Fundamentall Government of the Kingdome Resolved c. That Thomas Prince Cheesemonger and Samuel Chidley be forthwith committed prisoners to the Prison of the Gatehouse there to remain prisoners during the pleasure of this House for a Seditious avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the people formerly Ajudged by this House to be destructive to the being of Parliaments and fundamentall Government of the Kingdome Resolved c. That Jeremy Jues Thomas Taylor and William Larnar be forthwith committed to the Prison of Newgate there to remain Prisoners during the pleasure of this House for a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agrement of the people formerly adjudged by this House to be destructive to the being of Parliaments and Fundamentall Government of this Kingdome Resolved c. That a Letter be prepared and sent to the Generall taking notice of his proceeding in the execution according to the Rules of Warre of a mutinous person avowing and prosecuting this agreement in the Army contrary to these Votes at the Rendezvouz near Ware and to give him thanks for it and to desire him to prosecute that Businesse the to bottome and to bring Such guilty persons as he shall think fit to condigne and exemplary Punishment Resolved c. That the Votes upon the Petition and Agreement annexed and likewise the Votes upon this Petition be forthwith printed and published After which by a Speciall Ordinance of both Houses of Parliament 17 December 1647. No person whatsoever who had contrived plotted prosecuted or entred into that Engagement intiâ—uled The agreement of the people declared To be destructive to the being of Parliaments and Fundamentall Government of the Kingdome for one whole year was to be elected chosen or put into the office or Place of Lord Mayor or Alderman Sheriffe Deputy of a Ward or Common Councel man of the City of London or to have a voice in the Election of any such Officer All these particulars with the Capitall Proceedings against White and others who fomented this Agreement in the Army abundantly evidence the veriey of my foresaid Proposition and the extraordinary guilt of those Members and Souldiers who contrary to their own Votes Ordinances Proceedings and Censures of others have since prosecuted this the like or far worse Agreement to the destruction of our ancient Parliaments and their Priviledges and the fundamentall Government Laws and Liberty of our Nation which I wish they would now sadly lay to heart The third is the memorable Statutes of 3. Jacobi ch 1 2 4 and 5. Which relating the old Gunpowder Treason of the Jesuites and Papists and their infernal inhumane barbarous detestable plot to blow up the King Queen Prince Lords Commons and whole House of Peers with Gunpowder when they should have been assembled in Parliament in the upper House of Parliament upon the fifth of November in the year of our Lord 1605. do aggravate the hainousnesse and transcendency thereof by this circumstance That it was as some of the principall Conspirators thereof confessed purposely devised and concluded to be done in the said House That where sundry necessary and Religious Laws for Preservation of the Church and State were made which they falsely and standerously term Cruel Laws enacted against them and their Religion Both Place and Persons should be all destroyed and blown up at once And by these dangerous consequences if it had not been miraculously prevented but taken effect That it would have turned to the utter ruine overthrow and Subversion Of the whole State and Common-wealth of this flourishing and renowned Kingdome and Gods true Religion therein established by Law and of our Laws and Government For which horrid Treason they were all attainted and then executed as Traytors and some of their Heads Quarters set up upon the Parliament House for terrour of others Even so let all other Traytors Conspirators against our Fundamental Laws Liberties Government Kings Parliaments and Religion treading presumptuously in their Jesuiticall footsteeps * perish O Lord but let them who cordilally love and strenuously maintain them against all Conspirators Traytors Underminers Invaders whatsoever be as the Sun when he goeth forth in his might That the Land may have rest peace settlement again for as many years at least as it had before our late innovations Wars Confusions by their restitution and establishment CHAP. II. HAving thus sufficiently proved That the Kingdome and Freemen of England have some ancient hereditary Rights Liberties Franchises Priviledges Customes properly called FVNDAMENTALL as likewise a Fundamentall Government no wayes to be altered under mined subverted directly or indirectly under the guilt and pain of High Treason in those who attempt it especially by Fraud Force or armed Power I shall in the second place present you in brief Propositions a Summary of the chiefest and most considerable of them which our prudent Ancestors in former ages and our latest reall Parliaments have both declared to be and eagerly contested for as Fundamentall and Essentiall to their very being and well being as a Free people Kingdome Republick unwilling to be enslaved under any yokes of Tyranny or arbitrary power that so the whole Nation may the more perspicuously know and discern them the more strenuously contend for them the more vigilantly watch against their violations underminings in any kind by any Powers or Pretences whatsoever and transmit perpetuate them intirely to their posterities as their best and chiefest inheritance I shall comprise the Summe and Substance of them all in these 9. Propositions beginning with the Subjects Property which hath been more frequently universally invaded assaulted undermined by our Kings and their evill instruments and thereupon more strenuously frequently and vigilantly maintained retained by our Nobles Parliaments and the people in all ages till of late years than any or all of the rest put together though every of them have been constantly defended maintained when impugned or incroached upon by our Ancestors and our selves 1. That no Tax Tallage Aid Subsidy Custome Contribution Loan Imposition Excise or other Assessement whatsoever for Defence of the Realm by Land or Sea or any other publick ordinary or extraordinary occasion may or ought to be imposed or levyed
Liberty of the Subject against Impositions maintained in an Argument in the Parliament of 7. Jacobi printed at London 1641. By Judge Crooks and Judge Huttons Arguments concerning Shipmony both printed at London 1641. By the Case of Shipmony briefly discussed London 1640. by Mr. St. Johns Argument and Speech against Shipmony printed at London 1641. By Sir Edward Cook in his 1. Institutes p. 46. and 57. to 64. and 528. to 537. By the 1. and 2. Remonstrance of the Lords and Commons in Parliament against the Commission of Array Exact Collection p. 386. to 398. and 850. to 890. and by my own Humble Remonstrance against Shipmony London 1643. The fourth part of the Soveraign power of Parliaments and Kingdomes p. 14. to 26. and my Legall Vindications of the Liberties of England against Illegall Taxes c. London 1649. and by the Records and Statutes cited in the ensuing Chapter referring for the most part to the first Proposition The second third and fourth of them are laâ—gely debated and confirmed by a Conference desired by the Lords and had by a Committee of both Houses concerning the Rights and Priviledges of the Subject 3. Apâ—ilis 4. Caâ—olâ—printed at London 1642. By Sir Edward Cook in his Institutes on Magna Charta c. 29. p. 45. to 57. By the 1. and 2. Remonstrance of the Lords and Commons against the Commission of Array Exact Collection p. 386. c. 850. to 890. By Judge Crooks and Judge Huttons Arguments against Shipmony By Sir Robert Cotton his Posthuma p. 222. to 269. By my Breviate of the Prelates encroachments on the Kings Prerogative and Subjects Liberties p. 138. c. My new discovery of the Prelates tyranny p. 137. to 183. and some of the ensuing Statutes and Records The fifth and sixth of them are fully cleared and vindicated in and by the Prologues of all our Councils Statutes Laws before and since the Conquest By Sir Edward Cooks 4. Institutes ch. 1. Mr. Cromptons Jurisdiction of Courts Title High Court of Parliament My Soveraign power of Parliaments and Kingdomes p. 1 2 3 4. My Legal Vindication against illegal Taxes and pretended Acts of Parliament London 1649 Prynne the Member reconciled to Prynne the Barrester printed the same year My Historicall Collection of the ancient great Councils of the Parliaments of England London 1649. My Truth triumphing over Falshood Antiquity over Novelty London 1645. and some of the Records hereafter transcribed In this I shall be more sparing because so fully confirmed in these and other Treatises The seventh is ratified by Sir Edward Cooks 1. Institutes p. 97 98. 4. Institutes p. 89. and 5. Report Cawdries Case of the Kings Ecclesiasticall Lawes and Rastals Abridgement of Statutes Tit. Provisors Praemunire and Rome 11. H. 7. c. 1. and other Records and Statutes in the ensuing Chapter The eighth and ninth are fully debated in my Soveraign Power of Parliaments and Kingdomes Part. 2. p. 3. to 34. Part fourth p. 162. to 170. and touched in Sir Robert Cottons Posthuma p. 174. to 179. How all and every of these Fundamentall Liberties Rights Franchises Lawes have been unparalelledly violated subverted in all and every particular of late years beyond all Presidents in the worst of former ages even by their greatest pretended Propugners their own printed Edicts Instruments Ordinances Papers together with their illegall oppressions Taxes Excises Imposts Rapines violences Proceedings of all kinds whereof I shall give a brief accompt in its due place will sufficiently evidence if compared with the premised propositions Which abundantly confirm the truth of our Saviours words John 10. 1. 10. and this rule of Johannis Angelius Wenderhagen Politicae Synopticae lib. 3. c. 9. sect. 11. p. 310. Hinc Regulae loco notandum Quod omne Regnum Vi Armata acquisitum in Effectu Subdit is Semper in durioris Servitutis conditiones arripiat licet à principio Ducedinem prurientibus 〈◊〉 videatur Ideo cunctis hoc cavendum Nè temrè 〈◊〉 patiantur FINIS a Joh. 17. 17. 2 Cor. 6. 7. Eph. 1. 12. Ja. 1. 18 b 2 Sam. 22. 8 16. Iob 38. 4 6. Psal. 18 15. 102. 25. 1 4. 5. Prov. 8. 29. Isa. 24 18. 40 21. 48. 13. 51. 13 16. Ier. 31. 17. 24 Ephes. 4 4 Heb. 1. 10. 4. 3 9. 26. 1 Pet. 1. 20. c 1 King 5. 17 6. 37. 7. 9 10. Ezr. 4. 13 6 3. Ps. 137. 7. Ezek. 41. 8. Hag. 2. 8. Zech. 4 9 8. 9 Mat. 7 26 27. Luke 6. 48 49. d Isa. 28. 16. 54 11. Psal. 87. 1. 1 Cor. 3. 10 11 12. Heb. 11. 10. 1 Pet. 2. 6. Rev. 21. 14. 19. e 2 Tim. 1. 19. Heb. 6. 1 2. f Ier. 50. 15. Micah 1. 6 7. Lâ—ke 6. 48 49. Mat. 7. 26 27. a Lib. tryed and cast p. 39 40 142 to 4â— 154 Canne's Voice from the Temple which perswades the subversion and abolishing of all former Lawes especially for Tythes Ministers support a 2 Thes. 24 b See Exact Collect and a general Collect. 〈◊〉 Ordinances c. c See Culpeper's Lilly's Merlins Almanacks John Can's 2 Voice Lib. tried and cast with many Petitions and Pamphlets against the Law and Lawyers The Order of Aug. 19. 1653. That there should be a Committe selected to consider of a NEW BODY of the Law for the government of this Common-wealth * Summum jus est summa injuria Cic. de Officâ—is p. 611. a Lib. tryed and cast p. 39. 40 142. to 148 and elsewhere John Canâ—â—'s 2 Voice from the Temple John Rogers Mene 〈◊〉 Perex p 6. Lilly and Culpeper in their prognostication Anno 1653. 16 4 See the Arimies Proposals b See Math. Parâ—s p. 2. 6 Magna Chart. 9. 11. â— H. 3. c. 1. 38. 25 E. 1. c. 1 c. 28 E 1 c. 1 c Cookâ—s 2 Instit. p. 2. Notâ— See Prop. 1 6 in Chap 2. Nota. * See Cant. Dâ—â—m p 19 26 40. Dâ—urn Occuâ— rences p. 13 See Propos. 1. in chap. 2. * O how are they now degenerated Nota. * And should they not be so now then * And shal we now at last fail herein ‖ How dare then any self-created powers who are neither Kings nor Parliaments now arrogate to themselves or exercise such a super-Regal arbitrary power and prerogative Nota. * And O that we would follow it now again Nota. * And do not those do so who now lay monthly Taxes Excizes Customs and New-Impost on us daily out of Parliament and that for many months and years yet to come against the Letter of their own Instrument and Oath too a See Canterburies Doom p. 19. Diurnal-Occurrences p. 13. b Exact Collection c. p. 112 113. See Chap. 2. Pâ—oposition 3. 7. a Exact Collection p. 850. 854 887 888. * Do not the Army-Officers now enforce them to all this without a Parliament * These Expostulations reach to those at White-Hall now who presume to impose