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

are Destructive to the Fundamental 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 Sr. John Finch fled the Realm to preserve his head on his Shoulders some others of them d●ed through fear to prevent the danger soon after their Impeachments and the rest put to Fines who were lesse peccant 12. Mr. John Pim in his Declaration upon the whole matter of the Charge of High Treason against Thomas Earle of Strafford 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 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 Salus 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 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 Nota. 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 man great enormities * And are they not so now 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 Governm●nt of Ireland and England too since this The Law hath a power to prevent to restrain to repair evils without this all kind of mischiefs and distempers will break in upon a State It is the Law that doth 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 Liberty whiles these move in their own O●b 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 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 safeguard 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 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 follows There cannot be a word more pregnant and fruitfull IN TREASON then that word is There are few Nations in the world that have not been conquered and no doubt but the Conquerour may give what Laws he please to those that are conquered But if the succeeding Acts and agreements do not limit 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 hurtfull 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 causes of great Trouble and Alterations to Prince and State If the Histories of those Eastern Countries be perused where Princes order their Affairs according to the mischievous Principles of the Earl of Strafford LOOSE and ABSOLVED FROM ALL RULES OF GOVERNMENT they will be found to be frequent in combustions full of Massacres and of the tragicall end of Princes If any man shall look into our own Stories in the times Nota. when the Laws were most neglected he shall find them full of Commotions of Civil Distempers whereby the Kings that then raigned were alwayes kept in want and distresse the people consumed with CIVIL WARRES and by such wicked Counsels as these some of our Princes have been brought to such miserable ends As * Note this all whole commons-house Opinion then no honest heart can remember without horrour and earnest Prayer that it may never be so again 3. As it is dangerous to the Kings person and Crown so it is in other respects very prejudiciall to his Majesty in honour profit and greatnesse which he there proves at large as you may there read at leasure and yet these are the Guildings and Paintings that are put upon such Counsels These are for your Honour for your Service 4. It is inconsistent with the Peace the Wealth the Prosperity of a Nation It is destructive to Justice the mother of Peace to Industry the Spring of Wealth to Valour which is the active vertue whereby the prosperity of a Nation can onely be procured confirmed and enlarged It is not onely apt to take a way Peace and so intangle the Nation with warres but doth corrupt Peace and powrs such a malignity into it as produceth the effects of War both to the * Is not this an experimentall truth now NOBILITY and others having as little security of THEIR PERSONS OR ESTATES in this peaceable time as if the Kingdome had been under the fury and rage of warre And as for Industry and Valour who will take pain● for that which when he hath gotten is not his own or who fights for that wherein he hath no other interest but such as is subject to the will of another c. Shall it be Treason to embase the Kings Coin though but a piece of twelve pence or six pence and must it not needs be the effect of GREATER TREASON to * And were they ever so base cowardly slavish as now embase the Spirits of his Subjects and to set a stamp and Character of Servitude upon them whereby they shall be disabled to do any thing for the Service of the King or Common-wealth 5.

In times of sudden danger by the Invasion of an enemy it will disable his Majesty to preserve himself and his Subjects from that danger When war threatens a Kingdome by the coming of a forreign enemy it is no time then to discontent the people to make them weary of the PRESENT GOVERNMENT and more inclinable to a change The Supplies which are to come in this way will be unready uncertain there can be no assurance of them no dependence upon them either for time or proportion And if some money be gotten in such a way the Distractions the Divisions Distempers which this cause is apt to produce will be more prejudiciall to the publick safety than the Supply can be advantageous to it 6. This crime is contrary to the Pact and Covenant between the King and his people by mutuall agreement and stipulation confirmed by OATH on both sides 7. It is an Offence that is contrary to the ends of Government 1. To prevent Oppressions to * Was ever their power violence so unlimited unbounded in all Kinds as now limit and restrain the excessive power and violence of great Men to open passages of Justice with indifference towards all 2. To preserve men in their Estates to secure them in their Lives and Liberties 3. That vertue should be cherished and vice suppressed but where Laws are subverted and arbitrary and unlimited power set up a way is open not onely for the security but for the Advancement and Incouragement of evil Such men as are * Is it not most true of late and still aptest for the execution and maintenance of this power are onely capable of Preferment and others will not he Instruments of any unjust Commands who make conscience to do any thing against the Law of the Kingdome Nota. and Liberties of the Subject are not only not passable for imployment but SUBJECT TO MUCh JEALOUSIE and DANGER Is not this their Condition of late and present times expertus loquor 4. That all Accidents and events all Counsels and Designs should be improved to the publick good But this arbitrary power is apt to dispose all to the maintenance of it self And is it not so now 8. The Treasons of Subersions of the Lawes violation of Liberties can never be good or justifiable by any circumstance or occasion being evil in their own nature how specious or good soever they be pretended He alledgeth it was a time of GREAT NECESSITY and DANGER Nota. when such Counsels were necessary FOR THE PRESERVATION OF THE STATE the Plea since and now used by others who condemned him If there were any NECESSITY IT WAS OF HIS OWN MAKING He by his evil Counsel had brought the King as others the Kingdome since into a necessity and by no Rules of Justice can be allowed to gain this advantage to his Justification which is A GREAT PART OF HIS OFFENCE 9. As this is Treason in the nature of it so it doth exceed all other Treasons in this that in the Design and endevour of the Authour it was to be A CONSTANT and PERMANENT TREASON a standing perpetual Treason which would have been in continuall Act not determined within one time or age but transmitted to Posterity even from Generation to Generation And are not others Treasons of late times such proclaimed such in and by their own Printed Papers and therein exceeding Straffords 10. As it is a crime Odious in the nature of it so it is odious in the Judgement and estimation of the Law TO ALTER THE SETLED FRAME AND CONSTITUTION OF GOVERNMENT IN ANY STATE Let those consider it who are guilty of it in the highest Degree beyond Strafford Canterbury or the Shipmony Judges in our own State The Lawes whereby all parts of a Kingdome are preserved should be very vain and defective if they had not a Power to secure and preserve themselves The Forfeitures inflicted for Treason by our Law are of Life Honour and Estate even all that can be forfeited and this Prisoner although he should * And others as well as he of farre inseriour place and Estate pay all these Forfeitures will still be a Debtor to the Common wealth Nothing can be more equall then that he should perish by the Justice of the Law which he would have subverted Neither will this be a New way of blood There are marks enough to trace this Law to the very Originall of this Kingdome And if it hath not been put in execution as he alledgeth this 240 years it was not for want of Law but that all that time had not bread a man * But have not our times bred men much bolder then he since this Sp●ech was made and he executed bold enough to commit such crimes as these which is a circumstance much aggravating his Offence and making him no lesse liable to punishment because he is THE * Since he hath many followe●s ONELY MAN that in so long a time hath ventured UPON SUCH A TREASON AS THIS ' Thus far M. John Pym in the Name and by the Order and Authority of the whole Commons House in Parliament which I wish all those who by their Words Actions Counsels and printed Publications too have trayterously endevoured to subvert the Fundamentall Lawes Liberties of England and Ireland and to introduce an arbitrary and Tyrannicall Government against Law as much as ever Strafford did and out stripped him therein even since his execution in all particulars for which he was beheaded would now seriously lay to heart and speedily reform lest they equall or exceed him in conclusion in Capitall punishments for the same or endlesse Hellish Torments The next Authority I shall produce in point is The speech and Declaration of Mr. Oliver St. John at a Conference of both Houses of Parliament concerning Shipmony upon Judge Finches Impeachment of High Treason January 14. 1640. printed by the Commons Order London 1641. wherein he declares the sense of the Commons p. 12. c. ' That by the Judges Opinions forecited concerning Shipmony THE FUNDAMENTAL LAWS OF THE REALM CONCERNING OUR PROPERTY and OUR PERSONS ARE SHAKEN Whose Treasonable Offence herein he thus aggravates p. 20. c. The Judges as is declared in the Parliament of 11. R. 2. are the Executors of the Statutes and of the Judgements and Ordinances of Parliament They have here made themselves the * Have none done so since them EXECVTIONERS OF THEM they have endevoured THE DESTRVCTION OF THE FVNDAMENTALS OF OVR LAWS and LIBERTIES Holland in the Low-Countries lies under the Sea the Superficies of the Land is lower than the Superficies of the Sea It is Capitall therefore for any man to cut the Banks because they defend the Country Besides our own See chap. 2. even Forreign Authours as Comines observes Proposition 1. That the Statute DE TALLAGIO and the other old Laws are the Sea walls and Banks which keep the Commons from the innundation of the Prerogative These

A SEASONABLE LEGALL AND HISTORICALL VINDICATION AND Chronologicall COLLECTION of the Good Old Fundamentall Liberties Franchises Rights Laws of all English Freemen their best Inheritance Birthright Security against Arbitrary Tyrannicall and Egyptian Burdens and of their strenuous Defence in all former Ages of late years most dangerously undermined and almost totally subverted under the specious Disguise of their Defence and future Establishment upon a Sure Basis their Pretended Greatest Propugners Wherein is Irrefragably evinced by Parliamentary Records Proofs Presidents That we have such Fundamentall Liberties Franchises Rights Laws That to attempt or effect the Subversion of all or any of them or of our Fundamentall Government by Fraud or Force is High Treason The principall of them summed up in 9 Propositions The chief printed Treatises asserting them specified A Chronologicall History of our Ancestors zeal vigilancy courage prudence in gaining regaining enlarging defending oft confirming and perpetuating them to posterity by Great Charters Statutes New Confirmations Excommunications Speciall Conservators Consultations Petitions Declarations Remonstrances Oaths Protestations Vows Leagues Covenants and likewise by their Arms when necessitated during all the Britons Saxons Danes Normans and English Kings Reigns till this present collected for present and future publick benefit With a Brief Touch of their late unparalelled Infringements and Subversions in every particular The Triall of all Malefactors by their Peers and Juries justified as the onely legal best most indifferent and all other late arbitrary Judicatories erected for their Triall exploded destructive both to our Fundamentall Laws and Liberties Collected recommended to the whole English Nation as the best Legacy he can leave them By William Prynne of Swainswick Esquire Psalm 11. 3. If the Foundations be destroyed what can the righteous do Psalm 82 5. They know not neither will they understand they walk on c. Dan. 7. 24 25 26. And another shall arise after the Kings c. London Printed for the Authour and are to be sold by Edward Thomas in Green Arbour 1654. A Seasonable Historical Legal VINDICATION AND CHRONOLOGICAL COLLECTION Of the good Old Fundamental Liberties Franchises Rights Laws of all English Freemen their best Inheritance Birth-right Security against Arbitrary Tyranny Egyptian Slavery and Burdens of late yeers 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 universal received Principle and experimental Truth beyond all contradiction That no natural structure no artificial Building no Civil or Ecclesiastical Corporation Realm Reipublike Government or Society of men no Art nor Science whatsoever can possibly be erected supported established preserved or continued in their being or well-being without FOUNDATIONS whereon as they were at first erected so they must necessarily still depend or else they will presently fall to utter ruine Hence it is to wave all Humane Authorities in so clear a Verity that in God's own sacred unerring a Jo● 17. 17. 2 Cor. 6. 7. Eph. 1. 13. Jam. 1. 18 Word of Truth we find frequent mention of the natural b 2 Sam. 22. 8 16. Jo● 38. 4 6. Psal 18. 15 102. 25. 104. 5. Prov. 8. 29 Isa 24. 18. 40. 21. 48. 13. 51. 13 16. ●er 31. 17. Zech. 12 1. Mica 1. 6. Jo● 17. 24. Ephes 4. 4. Heb. 1. 10. 4. 3. 9 26. 1 Pet. 1 20. FOUNDATIONS of the vast natural Fabrick of the Earth Heavens and World it self of the Artificial Material c 1 King 5. 17. 6. 37. 7. 9 10. Ez● 4. 13 6. 3. Psa 137 7. Ezek. 41. 8. Hag. 2. 8. Zech. 4 9 8. 9. Mat. 7. 26 27. Luke 6 48 49. FOUNDATIONS of the material Temple walls City of Gods own most famous city Jerusalem and of private houses of the Spiritual 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. FOUNDATION of the Spiritual Temple City Jerusalem and whole Church of God even Jesus Christ himself of the Doctrinal e 2 Tim 1. 19. Heb. 6 1 2. FOUNDATIONS and first Principles of Religion Christianity Salvation yea of the Political f Jer. 50. 15. Micah 1. 6 7. Luke 6. 48 49. M●t. 7. 26 27. FOUNDATIONS of Kingdoms Reipublikes Churches Governments States which being once shaken undermined subverted razed or destroyed bring unavoidable ruine and desolation upon them Psal 11. 3. Psal 82. 5 6. Jer. 50. 17. 51. 15 16. Mic. 1. 6 7 9. even as we daily see Castles Walls Houses to fall instantly to the ground and become an heap of Confusion when their Foundations are blown up decayed or demolished Upon which consideration those Publike Laws which establish fence fortifie support the Fundamental Constitutions Rights Liberties Priviledges of any Nation Kingdom Reipublike essential to their being and subsistence as a free or happie people against the Invasions Underminings Encroachments of any Tyrants Usurpers O pressors or publike Enemies are usually stiled FUNDAMENTAL LAWS and have ever been reputed so sacred inviolable immutable in all ages upon any Pretences of Necessity or Publike Safety that most Nations and our own English Ancestors above others have freely chosen to hazard yea lose their Estates Lives in their just defence against such exorbitant Tyrannical Kings and other Powers who by force or policie have endeavoured to violate alter or subvert them rather then out of Cowardize S●tt●shness Carelesness or want of cordial love to the Publike to suffer the least infringement repeal or alteration of them to the inthralling of Themselves or their Posterities to the arbitrary Wills of such Domineering Tyrants and Usurping Powers Now because after all our Old and New many yeers bloody costly dangerous Contests and Wars for the maintenance of our Good Old Fundamental Liberties Laws Rights Priviledges against all secret or open underminers of them I clearly behold with grief of heart that there is a strange monstrous Generation of New TYRANNICAL STATE-HERETICKS sprung up among us who are grown so desperately impudent as not onely to write but publikely to assert in Print in a Lilb tryed and cast p. 39 40 142 to 148. 154. J. Canne's Voice from the Temple which perswades the subversion and abolishing of all former Laws especially for Tythes Ministers support Books printed by AUTHORITY even in Capitals in the very Title-page That the Free-men and People of England have no such unalterable Fundamental Laws and Liberties left them by their forefathers as our Ancestors heretofore contested for both in the Field and Parliament-House with William the Conqueror Henry the first King John Henry the third Edward 1 2 3. Richard the second with other Kings and Princes and our late Parliaments and Armies too with King James and King Charles That neither Magna Charta nor the Petition of Right nor the Laws for trying malefactors by Juries of their peers are

entituled The Government of the Commonwealth of England c. I remit to their most serious con●●derations to determine if ever they resolve to be English Freemen again or to imitate the wisdom prudence zeal courage and laudable examples of their worthy Ancestors from which they cannot now degenerate without the greatest Infamy and enslaving of themselves with their Posterities for ever to the arbitrary wills of pres●nt or future Usurpers on their Fundamental Rights and Libe●ties in an higher degree then ever in any precedent ●ges under the Greatest Conquerors or Kings after all their late costly bloudy Wars for their Defence against the Behe●ded King The fifth is A learned and necessary Argument made in the Commons House of Parliament Anno 7. Jacobi to prove That each Subject hath a Propriety in his Goods shewing also the extent of the Kings Prerogative in Impositions upon the Goods of Merchants exported or imported c. By a late learned Judg of this Kingdom printed at London by Richard Bishop 1641. and Ordered to be pub●ished in Print at a Committee appointed by the Honourable House of Commons for examination and Licensing of B●oks 20. Maii 1641. In which Parliamentary Argument p. 8 11 16. I finde these direct Passages That the New Im●ositions contained in the Boo● of Rates imposed on Merchandizes imported and exported by the K●ngs Prerogative and Letters Patents without consent in Parliament is against THE NATURAL FRAME AND CONSTITUTION OF THE POLICY OF THIS KINGDOME which is Jus Publicum Regn● AND SO SUBVERTETH THE FUNDAMENTAL LAW OF THE REALM and introduceth a new form of State and Government Can any man give me a reason why the King can only in Parliament make Lawes No man ever read any Law whereby it was so ordained and yet no man ever read that any King practised the contrary therefore IT IS THE ORIGINAL RIGHT OF THE KINGDOM Nota. AND THE VERY NATURAL CONSTITUTION OF OUR STATE AND POLICY being one of the highest Rights of Soveraign Power If the King alone out of Parliament may impose * And do not those do so 〈◊〉 as ●lay mont●ly 〈…〉 Customs and N●w-Impost on us daily out of Parliament and that for many moneths and years yet to come against the Letter of their own Instrument and Oath too HE ALTERETH THE LAW OF ENGLAND IN ONE OF THESE TWO MAIN FUNDAMENTAL POINTS He must either take the Subjects Goods from them without assent of the Party which is against the Law or else he must give his own Letters Patents the force of a Law to alter the property of the Subjects Goods which is also against the Law In this and sundry other Arguments touching the Right of Impositions in the Commons House of Parliament by the Members of it arguing against them it was frequently averred and at last voted and resolved by the House 7. Jacobi That such Impositions without consent in Parliament were AGAINST THE ORIGINAL FUNDAMENTAL LAWS AND PROPERTY OF THE SUBJECT and Original Right Frame and Constitution of the Kingdom as the Notes and Journals of that Parliament evidence An express Parliamentary resolution in point for what I here assert The sixth is 6. 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 1628. entred in the Parliament Journal of 4. Caroli and since printed at London 1642. In the Introduction to which Conference Sir Dudley Diggs by the Commons House Order used these expressions My good Lords whilest we the Commons out of our good affections were seeking for money we found I cannot say a Book of the Law but many A FUNDAMENTAL POINT THEREOF NEGLECTED AND BROKEN which hath occasioned our desire of this Conference Wherein I am first commanded to shew unto your Lordships in general That the Laws of England are grounded on Reason more antient then Books consisting much in unwritten Customs yet so full of Justice and true Equity that your most Honorable Predecessors and Ancestors propugned them with a NOLUMUS MUTARI and so ancient that from the Saxons daies notwithstanding the injuries and ruines of time they have continued in most parts the same c. Be pleased then to know THAT IT IS AN UNDOUBTED AND FUNDAMENTAL POINT OF THIS SO ANCIENT COMMON LAW OF ENGLAND THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS which doth preserve as sacred that Meum and Tuum that is the Nurse of Industry and the Mother of Courage and without which there can be no Justice of which Meum and Tuum is the proper object Bu● the UNDOUBTED RIGHT OF FREE SUBJECTS hath lately not a little been invaded and prejudiced by Pressures the more grievous because they have been pursued by imprisonment contrary to the Franchises of this Land c. which the Commons House proved by many Statutes and Records in all Ages in that Conference to the full satisfaction of the Lords House since published in print The seventh is 7. The Vote of the a See Canterburies Doom p. 19. Diurnal Occurrences p. 13. whole House of Commons 16. December 1640. Nullo contradicente entred in their Journal and printed in Diurnal Occurrences p. 13. That the Canons made in the Convocation Anno 1640. ARE AGAINST THE FUNDAMENTAL LAWS OF THE REALM the Property and Liberty of the Subject the Right of Parliament and contained divers things tending to Faction and Sedition The eighth Authority is 8. b Exact Collection c. p. 112 113. The Votes of both Houses of Parliament concerning the security of Kingdom of England and Dominion of Wales 15. Martii 1641. Ordered by the Lords and Commons in Parliament to be forthwith printed and published as they were then by themselves and afterwards with other Votes and Orders Resolved upon the Question nemine contradicente That in case of extream danger and of his Majesties refusal the Ordinance agreed on by both Houses for the Militia doth oblige the people See Chap. 2. Proposition 3 7 and ought to be obeyed by THE FUNDAMENTAL LAWS OF THIS KINGDOM A very vain false absurd and delusory Vote if there be no such Law● as some now affirm The ninth punctual Authority is 9. a Exact Collection p. 850 854 887 888. A second Declaration of the Lords and Commons assembled in Parliament concerning the Commission of Array printed by their special Order of 12. Januarii 1642. Wherein are these observeable passages The main drift of the answer is to maintain That the King by the Common Law may grant such a Commission of Array as this is upon this ground because it 's for the defence of the Kingdom And that the power which he hath to grant it by the Common Law is not taken away by the Petition of Right or any former Statute but the King notwithstanding any of them may charge the Subjects for Defence of the Kingdom so as the charge imposed come not to

punishm●nt again and again and i●stifie it still in 〈◊〉 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 Parliamen● consider it in the first place The eleventh is ●1 the a A Collection c. p. 504. 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 s●b●e●sion of THE FUNDAMENTAL LAWS GOVERNMENT OF THE KINGDOM For prevention whereof c. The twelfth is b A Collection c. p. 877 878 879. A Declaration of the Commons of England assembled in Parliament 17. 12. Aprilis 1646. Of their true intentions concerning the AN●●IENT 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 happy 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 ●nd b●eeding Distractions IN * And is not this now proved a real exper●●mental 〈◊〉 in some of 〈◊〉 Remonst●●s to their shame 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 d●gree 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 * And can most of the 〈◊〉 monst●●ns 〈…〉 or present power 〈…〉 joy this 〈◊〉 truth or really And must not they be utterly asham●ed confounded before God and men when they consider how they have dissembled prev●ri●ated with God and men herein in each particular TO MAINTAIN THE ANCIENT FUNDAMENTAL GOVERNMENT OF THIS KINGDOM TO PRESERVE THE RIGHTS LIBERTIES In the b Walsingha● Stow Hollinshed Speed Grafton Baker An. 5. R. 2. John Stows Survay of London p. 89. 10 103. Mr. St. Iohns Argument at Law at Straffords Attainder p. 14 fifth year of King Richard the second the vulgar Rabble of people and Villains in Kent Essex Sussex Norfolk Cambridgeshire and other Countries 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 settled 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 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 should be governed to change the ancient Hereditary Monarchicall Government of the Realm and to elect pettie elective Tyrannies and Kingdoms to themselves in every Shire a project eagerly prosecuted by some Anarchicall Anabaptists and Jesuites 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 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 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 against the Law for which divers of the chief actours in this Treasonable Design were condemned and executed as Traitors in severall places and the rest enforced to a publick submission and then pardoned 2. In the a Stow Holinshed Sp●ed Graften Baker in XI 21. R. 2. and 1. H. 4. Satutes at large 11. and 21 R. 2. 1. H. 4 M. St. ●ohns Speech concerning the shipmony Judges p. 28. to 37. And Argument at Law at Straffords Attainder Parliament XL. R. 2. as appears by the Parliament Rolls and printed Statutes at large three Prive Councellours the Archbishop of York the Duke of Ireland and Earl of Suffolk the Bishop of Exeter the Kings Confessour five Knights six Judges whereof Sir Robert Tresilian 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 forfeited and none to endevour 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 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 3. In the a Mr. St. John at Law against Straffords Attainder p. 13. 14 17. Parliament of 17 R. 2. n. 20. and Pas 17. R. 2. B. RS. Ror 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 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 wherupon 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 insucceeding ages worth serious perusall 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 TRAITOR John Cade calling himself sometimes Mortimer sometime Captain of Kent which Name Fame Acts and Feats to be removed out of the speech and mind of every faithfull Christian man perpetually falsly and trayterously purposing and imagining the perpetual destruction of the KINGS PERSON and FINALL SVBVERSION OF THIS REALM taking upon him * And have not others of late assumed to themselves more Royal power than he resolved to be Treason by 21. E. 3. Rot. Parl. n. 15. ROYALL POWER and gathering to him the Kings people in great number BY FALSE SUBTIL IMAGINED LANGUAGE 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 spirituall and Temporall 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 Nota. 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 * To wit by Cade and his confederates for the alteration of the Laws c. 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 Conscience and against his Royall estate and preheminence and also DISHONOVRABLE andVNREASONABLE 5. In the a See Mr. St. Iohns Argument against Strafford p. 178. Halls Chronicle and Hollinshed 8 year of King Henry the 8. William Bell and Thomas Lacy in the County of Kent conspired with Thomas Cheyney the Hermite of the Queen of Fairies TO OVERTHROW THE LAWS AND CVSTOMES 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 adjudged high Treason and some of them executed as Traytors Moreover it b Cooks 3. institutes p. 9. 10. was resolved by all the Judges of in the reign of Henry 8. 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 offendors took upon them THe REFORMATION THEREOF which Subjects by gathering of power ought not to do a Cooks 4. Institutes ch 8. p. 89. to 96. 6. On December 1. in the 21. year of King Henry the 8. Sir Thomas Moore Lord Chancellour of England with 14. more Lords of the Privy Councel John Fitz-James Chief Justice of England and Sir Anthony Fitzherhert 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 wayes and fashions committed High treason and NOTABLE GRIEVOUS OFFENCES misusing Altering and subverting the order of his Graces Lawes and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royall to the inestimable great hinderance diminution and decay of the uniuersall Wealth of this his Graces Realm The Articles are 43. in number The 20 21 26 30 35 37 42 43. contain his illegall arbitrary practices and proceedings to the subversion of the due course and order of his Graces Lawes to the undoing of a great number of his loving people Whereupon they pray Please therefore your most excellent Majesty of your excellent goodnesse towards the Weal of this your Realm and Subjects of the same to see such order and direction upon the said Lord Cardinall As may be to terrible example of other 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 Common wealth of this your Realm as he hoth done heretofore to the great hurt and dammage of every man almost High and low * See Speed Holished Grafton Stow Antiquitates Ecclesiae Brit. p. 378. 379. and Goodwin in his life time His poysoning himself prevented his judgement for these his Practises b M. St. Iohns Argument against Strafford 7. The Statute of 1. Marie c. 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 a Cook 3 Inst c. 1. 9 10. and M. St. Iohns Argument at Law against Strafford p. 15 16. 8. In the 39. of Queen Elisabeth 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. Elisabeth 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 BURTON two of the principall offenders were condemned and executed

at Aiciston Hill in Oxfordshire where they intended their first meeting b See the Journals of both Houses and Act for his Attainder Mr. Pyms Declaration upon the whole matter of the Charge of High Treason against him April the 12. 1641. M. St. Iohns Argument at Law at his Attainder and Diurnal Occurrences 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 1640. 1641. 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 ENDEVOURED by his Words Actions and Counsels to SUBVERT THE FUNDAMENTALL LAWS OF ENGLAND and IRELAND and introduce an Arbitrary and Tyrannicall Government This the whole Parliament declared and adjudged to be High Treason 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 Traytour to the King and Kingdome May 22. 1641. c See the Commons and Lords Iournals his printed impeachment Mr. Pyms Speech thereat Canbuties Doom p. 25 26 2● 38 40 10. The whole House of Commons the same Parliament impeached William Laud Archbishop of Canterbury of HIGH TREASON in these very terms February 6. 1640. First That he hath trayterously endeavoured to subvert Fundamentall Lawes and Government of this Kingdome of England and instead thereof to introduce An Arbitrary and Tyrannicall Government against Law See chap. 2. Proposition 1. and he to that end hath wickedly and TRAYTEROUSLY advised his Majesty that he might at his own will and pleasure L●vy and take money of his Subjects without their consent in Parliament and and this he 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 Lawes 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 wayes to Judges and other Ministers of Justice interrupted perverted and at other times by means aforesaid hath endevoured 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 Tyrannical will to their ruine and destruction Fourthly That he hath trayterously endevoured to corrupt the other Courts of Justice by a vising and procuring his Majesty 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 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 to 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 trayterously endevored 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 divers Popish Doctrines and opinions contrary to to the Articles of Religion ESTABLISHED BY LAW He hath urged and enjoyned divers Popish and Superstitious Ceremonies WITHOVT ANY WARRANT OF LAW and hath cruelly persecuted those who have opposed the same by corporall punishments and imprisonments and most unjustly vexed others who refused to conform thereunto by Eccclesiasticall 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 himself from being questioned for these and other his Trayterous Courses he 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 Triall were after solemn Argum●nt 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 Kingdome on Tower hill January 10. 1644. 11. In the a See the Commons and Lords Journals Durnal Occurrences p. 15 16 19. 37. 191. to 264. and Mr. St. Iohns Speech at a conscience of both Houses of Parliament concerning shi●mony and these Judges Together with the Speeches of Mr. Hide Mr. Walker Mr. P●erpoint Mr. Denzill Hollis at their impeachments ●uly 16. 1641. aggravating their offences in Diurnall Occurrences and Speeches same Parliament December 21. Jan. 14. February 11. 1640. and July 6. 1641. Sir John Finch then Lord Keeper chief Justice Bramston Judge Berkly Judge Crawly Chief Baron Davenport Baron Weston and Baron Turnour were accused and impeached by the House of 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 est●blished 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 judgement 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 See ch 2. Proposition 1. 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 same is to be prevented and avoided And likewise for arguing and giving iudgment accordingly in Master John Hempdens case in the Exchequer Chamber in the point of Ship money in Aprill 1638. which said Opinions

have done some other of my writings of this nature with all which they must first brand Mr. St John Mr. Pym the whole House of Commons the last two with all other Parliamens forecited ere they can accuse traduce or censure me who do but barely relate apply their words and judgements without malice or partiality for the whole Kingdomes benefit and security To these punctuall full Jury of Records and Parliamentary Authorities in point I could accumulate Sir Edward Cook his 3. Institutes p. 9. printed and authorised by the House of Commons speciall Order the last Parliament The severall Speeches of Mr. Hide Mr. Walker Mr. Pierpoint and Mr. Hollis July 6. 1641. at the Lords Bar in Parliament by order of the Commons House at the Impeachment of the Shipmony Judges of High Treason printed in Diurnall Occurrences and speeches in Parliament London 1641. p. 237. to 264. Mr. Samuel Browns Argument at Law before the Lords and Commons at Canterburies Attainder all manifesting their endevouring to subvert the Fundamentall Laws and government of the Nation to be HIGH TREASON with sundry other printed Authorities to prove That we have fundamentall Laws Liberties Rights and a fundamentall Government likewise which ought not to be innovated violated or subverted upon any pretences whatsoever by any power or prevailing Faction But to avoid prolixity the double Jury of irrefragable and punctuall Authorities already produced being sufficient to satisfie the most obstinate Opposites formerly contradicting it I shall onely adde three swaying Authorities more wherewith I shall conclude this point The first is a very late one in a Treatise intituled A true State of the Common wealth of England Scotland and Ireland and the Dominions thereunto belonging in Reference to the late established Government by a Lord Protector and a PARLIAMENT It being the Judgement of DIVERS PERSONS who throughout these late troubles have approved themselves faithfull to the Cause and interest of God and their COUNTRY presented to the Publick for the satisfaction of others Printed at London 1654. who relating the miscarriages of the last Assembly at Westminster use these expressions of them p 13 14 16 17 21 22. But on the contrary it so fell out in a short time that there appeared many in this Assembly of very contrary Principles to the interest aforesaid which led them violently on to attempt and promote many things the consequence whereof would have been A Subverting of the fundamentall Laws of the Land the Destruction of Property and an utter extinguishment of the Gospel In truth their Principles led them TO A PULLING DOWN ALL AND ESTABLISHING NOTHING So that instead of the expected settlement they were running ●ut into FURTHER ANARCHY and CONFUSION As to the Laws and Civil Rights of the Nation nothing would serve them but A TOTALL ERADICATION OF THE OLD and INTRODUCTION OF A NEW and so the Good Old Laws of England the Guardians of our Lives and Fortunes established with prudence and confirmed by the experience of many Ages and Generations The Preservation whereof was a principall Ground of our late Quarrel with the King having been once abolished what could we have expected afterward but an inthroning of Arbitrary Power in the Seat of Judicature and an exposing of our Lives our Estates our Liberties and all that is dear unto us as a Sacrifice to the boundlesse Appetite of Meer Will and Power c. Things being at this Passe and the House through these proceedings perfectly disjointed it was in vain to look for a settlement of this Nation from them thus constituted on the contrary nothing else could be expected But that the Common-wealth should sink under their Hands and the great cause hitherto so happily upheld and maintained to be for ever lost through their preposterous management of these affairs wherewith they had been intrusted Whereupon they justifie their dissolution and turning them forcibly out of doores by the Souldiers with shame and infamy to prevent that destruction which thereby was coming on THE WHOLE LAND but this New Powder Treason Plot set on foot by the Jesuites and Anabaptists to destroy our Laws Liberties properties Ministers and Religion it self at one blow and that in the very Parliament House where they had been constantly defended vindicated preserved established in all former ages by all true English Parliaments The second is a See my Speech in Parliament p. 100. to 108. The Votes of the House of Commons concerning a Paper presented to them entituled An agreement of the people for a firm and present 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 Fundamentall Government of this Kingdome Resolved c. That a Letter be sent to the Generall and those Papers inclosed together with the Vote of this House upon them And that he be desired to examine the proceedings of 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 Parliamen's 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 to the bottome and to bring Such guilty persons as he shall think fit to condigne and exemplary Punishment Resolved c.

and in new illegall Military or other Arbitrary Judicatories Committees or Courts of High Justice unknown to our Ancestors 3. That no Freeman of England unlesse it be by Speciall Grant and Act of Parliament may or ought to be compelled enforced pressed or arrayed to go forth of his own Countrey much lesse out of the Realm into forreign parts against his will in times of Warre or Peace or except he be specially obliged thereto by ancient Tenures and Charters save onely upon the sudden coming of strange enemies into the Realm and then he is to array himself onely in such sort as he is bound to do by the ancient Laws and Customes of the Kingdome still in force 4. That no Freeman of England may or ought to be disinherited disseised dispossessed or deprived of any inheritance Freehold Liberty Custome Franchise Chattle Goods whatsoever without his own Gift Grant or free Consent unlesse it be by lawfull Processe Triall and Judgement of his Peers or special Grant by act of Parliament 5. That the old received Government Lawes Statutes Customes Priviledges Courts of Justice legal Processe of the Kingdome and Crown ought not to be altered repealed suppressed nor any new form of Government Law Statute Ordinance Court of Judicature Writs or legal Proceedings instituted or imposed on all or any of the Free-men of England by any Person or Persons but onely in and by the Kingdomes free and full consent in a lawfull Parliament wherein the Legislative Power solely resides 6. That Parliaments ought to be duly summoned and held for the good and safety of the Kingdome every year or every three years at least or so often as there is just occasion That the Election of all Knights Citizens and Burgesses to sit and serve in Parliament and so of all oother Elective Officers ought to be free That all Members of Parliament hereditary or Elective ought to be present and there freely to speak and vote according to their judgements and Consciences without any over-awing Guards to terrifie them and none to be forced or secluded thence And that all Parliaments not thus duly summoned elected whilst held but unduly packed and all Acts of Parliament fraudulently and forcibly procured by indirect means ought to be nulled repealed as void and of dangerous president 7. That neither the Kings nor any Subjects of the Kingdome of England may or ought to be summoned before any Forreign Powers or Jurisdictions whatsoever out of the Realm or within the same for any manner of Right Inheritance Thing belonging to them or Offence done by them within the Realm 8. That all Subjects of the Realm are obliged by Allegiance and duty to defend their Lawfull Kings Persons Crowns the Laws Rights and Priviledges of the Realm and of Parliament against all Usurpers Traytors violence and Conspiracies And that no Subject of this Realm who according to his duty and Allegiance shall serve his King in his Warres for the just defence of him and the Land against Forreign enemies or Rebels shall lose or forfeit any thing for doing his true duty service and Allegiance to him therein but utterly discharged of all vexation trouble or losse 9. That no publick Warre by Land or Sea ought to be made or levied with or against any Forreign Nation or Publick Truce or League entred into with Forreign Realms or States to bind the Nation without their Common advice and consent in Parliament 10. That the ancient Honours Manors Lands Rents Revenues Inheritances Right and perquisites of the Crown of England originally settled thereon for the Ease Exemption of the people from all kind of Taxes payments whatsoever unlesse in cases of extraordinary necessity and for defraying all the constant ordinary expences of the Kingdome as the expences of the Kings houshold Court Officers Judges Embassadors Garisons Navy and the like ought not to be sold alienated given away or granted from it to the prejudice of the Crown and burdening of the people And that all Sales Alienations Gifts or Grants thereof to the empairing of the publick Revenue or prejudice of the Crown and people are void in Law and ought to be resumed and repealed by our Parliaments and Kings as they have frequently been in all former ages For the Readers fuller satisfaction in each of these propositions some of which I must shew here but briefly touch for brevity sake having elsewhere fully debated them in print I shall specially recommend unto him the perusall of such Tractates and Arguments formerly published wherein each of them hath been fully discussed which he may peruse at his best leasure The first of these Fundamentalls which I ●ntend principally to infist on is fully asserted debated confirmed by 13. H. 4. f. 14. By Fortescue Lord Chief Justice and Chancellour of England de laudibus Legum Angliae dedicated by him to King Henry the 6. f. 25. c. 36. f. 84. By a learned and necessary Argument against impositions in Parliament of 7. Jacobi by a late Reverend Judge printed at London 1641. By Mr. William Hakewell in his 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 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 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. 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 Subditis Semper in durioris Servitutis conditiones arripiat licet à principio Ducedinem prurientibus spirare videatur Ideo cunctis hoc cavendum Nè temerè se duci patiantur FINIS

Fundamental or unalterable but that the STATE-PHYSITIANS or rather Mountebanks of our time who are not tied up to them but left free unto themselves may lay them quite aside either in part or whole as they see cause Yea having now attained to such a super-transcendent Authority as may as they assert LAY ASIDE ALL PARLIAMENTS and PARLIAMENTARY WAYS and appoint SOMETHING ELSE as more seasonable and proper to us and as Providence makes way for it if they see it more conducing to the safety and good of the Commonwealth that is to their own private Interests Honours Profits Securities Designes Oppressions Rapines gilded over with this specious pretext And then peremptorily conclude That to plead for these and ot●er Fundamental Laws and L●berties as unalterable though the onely Bulwarks and Badges of our Freedom is nothing else but to enslave the Nation for by such a Principle People do not onely lose their Liberty but are brought under such a kinde of Tyranny out of which AS BEING WORSE THEN THE AEGYPTIAN BONDAGE there is no hope of deliverance An absurd Tyrannical Paradox transcending any I ever yet met with in any Author stripping us naked of all our long-enjoyed Laws Liberties Franchises Great Charters at once tending onely to reduce and perpetually inthral us under such an absolute AEGYPTIAN BONDAGE and Tyranny without any hope of future deliverance from it which some now endeavour to enta●l on us and our posterities for ever by an Iron Law and Yoke of Steel in stead of restoring to us that Glorious Freedom which we have so long expected from them in vain And because I finde the Generality of the Nobility Gentry Clergie Commonalty of our Nation after all their late yeers expensive bloody wars and Parliamentary Disputes for the defence and preservation of these our Ancient Hereditary Fundamental Charters Laws Liberties Priviledges so strangely degenerated both from themselves and their Heroick prudent Ancestors as that they are more readily inclined upon every occasion out of a base un-Christian unmanly un-English fear or sottish cowardice and stupidity wittingly to desert betray surrender them all up into the hands of any invading Usurpers without the least Publike Claim Dissertation Defence or Dispute then diligently or couragiously to contend for them as of late they did So as that which Paul once taxed in the slavish besotted Corinthians 2 Epist 11. 20. may be most truly averred of our degenerated insatuated English Nation Ye suffer if a man bring you into bondage if a man devour you if a man take of you if a man exalt himself above your Laws Liberties Franchises Parliaments Kings Nobles Properties Lives Consciences and a 2 Thes 2. 4. all that is called God or worshipped if a man smite you on the face notwithstanding all their manifold late b See Exact collect and a general Collect. of all Ordinances c. Protestations Vows Covenants Remonstrances Declarations and Publike Engagements to the contrary And withal after diligent enquiry discovering scarce one man of Eminencie or Power in the Nation nor so much as one of my degenerated temporizing Profession of the Law even when the c See Culpep●r's Lilly's Merlins Almanacks John Can ' s 2 Voice Lilb tried and cast with many Pe●itions and Pamphlets against the Law and Lawyers The Order of Aug. 19. 1653. That there should be a Committee selected to consider of A NEW BODY of the Law for the government of this Common-wealth whole Body of our Laws and all its Professors are violently assaulted and devoted unto sudden ruine by many lawless 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 Rebel Seditious person Enemy to the Publike or disturber of the Kingdoms Peace by those who are truely 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 less 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 Kingdom 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 Observation which our Ancestors and our Selves have always 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 Engl●sh blood And if upon the serious perusal of them the universality of our degenerated Nation after their many late 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 and thereby draw upon their heads the real guilt of all those bloody Wars Murders Tumults Violencies Rapines Oppressions Sins Mischiefs Illegal Taxes Excises Exorb tancies which their many late yeers pretended Necessary Defence and Preservation have brought upon our three whole Nations let them henceforth like so many dastardly conquered Bondslaves bored thorow the ears publikely disavow disclaim renounce abjure them for themselves and their Posterities for ever as meer worthless toys 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 fit to hold none within compass but the very weakest flyes broken thorow with ease 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 Wars Blood Cares Consultations Troubles heretofore and of late yeers expended both to

others who condemned it I A. B. do swear that I will never give my consent TO ALTER THE GOVERNMENT OF THIS CHURCH BY ARCH-BISHOPS BISHOPS DEANS AND ARCH-DEACONS c. AS IT STANDS NOW ESTABLISHED AND AS BY RIGHT IT OUGHT TO STAND * See Cant. Doom p. 19 26. 40. Diurn Occurrences p. 13. Resolved by the whole house of Commons and Peers too without one dissenting voice in Parliament Decemb. 1640. to be a most dangerous and illegal Oath contrary to THE RIGHTS and PRIVILEDGES OF PARLIAMENT and to the FUNDAMENTAL LAWS STATUTES OF THE REALM c. and OF DANGEROUS CONSEQUENCE The contriving whereof was objected to the late Arch-bishop of Canterbury in his Original and Additional Articles of Impeachment to be HIGH TREASON for which amongst other things he lost his head The fourth is the notable Petition of Grievance of the whole House of Commons in Parliament presented to King James in the seventh yeer of his Reign after their Vote against his right to lay any Impositions on Goods imported or exported without assent of Parliament in these ensuing words THe Policie and Constitution of this your Majesties Kingdom See Propos 1. in chap. 2. appropriates unto the Kings of this Realm with assent of Parliament as well the Soveraign power of making Laws as that of taxing or imposing upon the Subjects Goods or Merchandizes wherein they have justly such a Property as may not without their consent be altered or changed this is the cause that the People of this Kingdom as they have * O how are they now degenerated ever shewed themselves faithful and loving to their Kings and ready to aid them in all their just occasions Nota. with voluntary Contributions SO HAVE THEY BEEN * And should they not be so now then EVER CAREFUL TO PRESERVE THEIR OWN LIBERTIES AND RIGHTS WHEN ANY THING HATH BEEN DONE TO PREJUDICE OR IMPEACH THE SAME And therefore when their Princes either occasioned by War or by their own bounty or by any other Necessity have without consent of Parliament set on Impositions either within the Land ●r upon Commodities exported or imported by the Merchants they have in open Parliament complained of it in that it was done without their consents AND THEREUPON * And shall we now at last fail h●rein NEVER FAILED TO OBTAIN A SPEEDY AND FULL REDRESS without any † Howdare then any self created powers who are neither Kings nor Parliam●n●s now arrogate to themselves or exercise such a super-Regal arbitrary power prerogative Claim made by the Kings of any Power or Prerogative in that point And though THE LAW OF PROPERTY BE ORIGINAL and carefully preserved by the Common Lawes of this Realm WHICH ARE AS ANCIENT AS THE KINGDOM IT SELF yet those famous Kings for the better contentment and assurance of their loving Subjects agreed THAT THIS OLD FUNDAMENTAL RIGHT observe the words should be further declared AND ESTABLISHED BY ACT OF PARLIAMENT wherein it is provided That no such Charge should ever be laid upon the People without their Common consents as may appear by sundry Records of former times We therefore your Majesties most humble Commons assembled in Parliament Nota. * And O that we would sollow it now again FOLLOWING THE EXAMPLE OF THIS WORTHY CARE OF OUR ANCESTORS AND OUT OF OUR DUTY TO THOSE FOR WHOM WE SERVE finding that your Majesty without advice of your Lords and Commons hath lately in times of Peace SET BOTH GREATER IMPOSITIONS AND FAR MORE IN NUMBER THEN ANY YOUR NOBLE ANCESTORS DID EVER IN TIME OF WAR do with all humility present this most just and necessary Petition unto your Majesty THAT ALL IMPOSITIONS SET WITHOUT ASSENT IN PARLIAMENT MAY BE QUITE ABOLISHED AND TAKEN AWAY And that your Majesty likewise in imitation of your Royal PROGENITORS will be pleased that a Law in your time and during this Session of Parliament may be also made to declare THAT ALL IMPOSITIONS OF ANY KIND SET OR TO BE SET UPON YOUR PEOPLE THEIR GOODS OR MERCHANDIZES SAVE ONLY BY COMMON CONSENT IN PARLIAMENT ARE AND SHALL BE VOID wherein your Majesty shall not only GIVE YOUR SUBJECTS GREAT SATISFACTION IN POINT OF THEIR RIGHT but also bring exceeding joy and comfort to them who now suffer partly through the abating of the price of Native Commodities and partly through the raising of all Forraign to the overt● row of Merchants and Shipping the causing of general dearth and decay of all wealth among your people who will be thereby no less discouraged then disabled to supply your Majesty when occasion shall require In which memorable Petition the whole House of Commons resolve in direct terms 1. That the Subjects of England have old original Fundamental Rights and more particularly in the Property of their goods exempted from all Impositions whatsoever in times of Peace or War without their common consent in Parliament declared and established both by the ancient Common Law of England and sundry Acts of Parliament and Records of former times 2. They declare the constant vigilant care zeal of our Ancestors and former Parliaments in all Ages inviolably to maintain defend preserve the same against all encroachments together with their own care duty and vigilancy in this kind in that very Parliament 3. They relate the readiness of our Kings to ratifie these their Fundamental Rights by new Acts of Parliament when they have been violated in any kinde 4. They declare the benefit accruing both to Prince and People by the inviolable preservation and establishment of this old Fundamental Right and the mischiefs accruing to both by the infringement thereof by arbitrary illegal Impositions without full consent in Parliament 5. They earnestly in point of conscience prudence and duty to those for whom they served Petition his Majesty for a new Law and Declaration against all new Impositions and Taxes on Inland Goods or Merchandizes imported or exported without the Peoples free consent in Parliament as null void utterly to be abolished and taken away Whether it will not be absolutely necessary for the whole English Nation and the next ensuing Notional or real Parliament to Prosecute Enact Establish such a Declaration and Law against all such future arbitrary illegal oppressive Taxes Impositions Excises that have been imposed and continued for many years together on the whole Kingdom by new extravagant self-created usurping Army Officers and other Powers without free and full consent of the People in lawful English Parliaments against all former Laws Declarations and Resolutions in Parliament to their great oppression enslaving undoing and that in far greater proportions multiplicity and variety then ever in former Ages without the least intermission and likewise against their late declared design to perpetuate them on our exhausted Nation without alteration or diminution beyond and against all Presidents of former Ages both in times of Peace and War for the future by the 27 28 39 30 9. Articles of the Instrument

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 intituled 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 somented 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 slanderously 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 Kingdom 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 See Speeds History p. 1250 and Mr. John Vica●'s History of the Gunpowder Treason and the Arraignment of Traytors 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 footsteps a Judges 5. 31 perish O Lord but let all them who cordially love and strenuously maintain them against all Conspirators Traytors Underminers Invaders whatsoever be as the Sunne 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 Warres 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 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 reall Parliaments have both declared to be and eagerly contested for as Fundamentall and Essentiall to their very being and well being as a Free people Kingdome Republick unwilling to be enslaved under any yokes of Tyranny or arbitrary power that so the whole Nation may the more perspicuously know and discern them the more strenuously contend for them the more vigilantly watch against their violations underminings in any kind by any Powers or Pretences whatsoever and transmit perpetuate them intirely to their posterities as their best and chiefest inheritance I shall comprise the Summe and Substance of them all in these 9. Propositions beginning with the Subjects Property which hath been more frequently universally invaded assaulted undermined by our Kings and their evill instruments and thereupon more strenuously frequently and vigilantly maintained retained by our Nobles Parliaments and the people in all ages till of late years than any or all of the rest put together though every of them have been constantly defended maintained when impugned or incroached upon by our Ancestors and our selves 1. That no Tax Tallage Aid Subsidy Custome Contribution Loan Imposition Excise or other Assessement whatsoever for Defence of the Realm by Land or Sea or any other publick ordinary or extraordinary occasion may or ought to be imposed or levyed upon all or any of the Freemen of England by reason of any pretended or reall Danger Necessity or other pretext by the Kings of England or any other Powers but onely with and by their common consent and Grant in a free and lawfull Parliament duly summoned and elected Except onely such ancient legall Ayds as they are specially obliged to render by their Tenures Charters Contracts and the Common Law of England 2. That no Freeman of England ought to be arrested confined imprisoned in any private Castles or remote unusuall Prisons under Souldiers or other Guardians but onely in usuall or Common Gaols under sworn responsible Gaolers in the County where he lives or is apprehended and where his Friends may freely visit and relieve him with necessaries And that onely for some just and legall cause expressed in the Writ Warrant or Processe by which he is arrested or imprisoned which ought to be legally executed by known legal responsible sworn Officers of Justice not unknown military Officers Troopers or other illegall Catchpols That no such Freeman ought to be denied bail Mainprise or the benefit of an Habeas Corpus or any other Legal Writ for his enlargement when bailable or incumpernable by Law nor to be detained prisoner for any reall or pretended Crime not bailable by Law then untill the next Generall or Speciall Gaol-delivery held in the County where he is imprisoned where he ought to be legally tried and proceeded against or else enlarged by the Justices without deniall or delay of Right and Justice And that no such Freeman may or ought to be outlawed exiled condemned to any kind of corporall punishment losse of Life or Member or otherwise destroyed or passed upon but onely by due and lawfull Processe Indictment and the lawfull Triall Verdict and Judgement of his Peers according to the good old Law of the Land in some usuall Court of Publick Justice not by