theÌ„ with the constitution of our Church State Religion publike affairs must needs acknowledg that these pragmatical Iesuits have bin very active prevalent powerful successful and not only militant but triumphant of late years amongst us under some disguise or other that they have dangerously poysoned us with these their Machiavillian and Atheal policies practises positions and have more real Disciples Factors if not Tutors now amongst us then in any former ages And is it not high time then to endeavour to detect their persons and prevent their dangerous designs upon us with greatest care and diligence Truly though most others be negligent and fearfull herein yet that text of Ezek. 2. 6 7. And thou son of man be not afraid of them neither be afraid of their words though bryars and thorns be with thee and thou dost dwell among scorpions be not afraid of their words nor be dismayed at their looks though they be a rebellions house And thou shalt speak my words unto them whether they will hear or whether they will forbear for they are most REBELLIOVS hath animated me to exonerate my conscience herein and to say with the prophet Isai 62. 1. For Zions Englands sake I will not hold my peace and for Ierusalems sake I will not rest until the righteousness thereof go forth as brightness and the salvation thereof as a Lamp that burneth Wherefore Upon serious consideration of all these Premises and of all those Sacred Solemn Oaths that Protestation Vow League and National Covenant which I have formerly taken lying still as so many indissoluble Obligations on my Soul notwithstanding the ingrate malicious unchristian Requitals of all my former unmercinary services Sufferings for Religion Laws Liberties and the publique in times of greatest Danger recompenced only with long causeless close imprisonments injuries affronts losses of all kinds by pretended friends and Patrons of our Liberties as well as by professed causeless Enemies And notwithstanding all other Discouragements from the general baseness cowardise Sottishness slavishness degenerated Spirits of the whole Nation and their strange fearfulness even publiquely to own much less cordially to assist defend according to the sixth Article of the Covenant those few couragious Patrons who have hazarded their Lives Liberties Limbs Estates and all earthly comforts for the publique defence of our Religion the Laws Liberties Priviledges of our Kingdom Church Parliament against the old and late avowed subverters of them whose very Company visits the generality of their former friends and acquaintance have declined as if they had some plague sores on them not only during their late restraints but likewise since their enlargements out of them enough to perswade them never to write speak act or suffer any thing more for such ingrate unworthy Creatures but rather to put their helping hands to make them and their Posterities slaves for ever I have yet once more out of pure zeal love conscience towards my native Country adventured my life liberty and decayed estate considering the lawlessness and Danger of the times not the justice and goodness of the Common Cause I plead for the necessary defence of the Fundamental Liberties Franchises Lawes Rights Parliaments Priviledges and Government of our enslaved Nation though every way unworthy to be beloved by God or men of noble spirits in this Seasonable Legal Historical Vindication and Collection wherein I have with all boldness faithfulness without the least fear or flattery of any Mortals or created powers whatsoever argued evinced maintained my own particular with the whole Nations publique right and inheritance in them of which few or none take any care but only of their own private gains case safely though with the Publike ruine and endeavoured as much as in me lies to preserve them and our Religion from the several Jesuitical plots counsels specified in the whole Commons House Remonstrance of 15 December 1641. Exact Collection p. 3. to 14. of late years revived and more vigorously pursued than ever and to rescue them out of the Claws of Tyranny and all usurping arbitrary powers which have avowedly encroached on yea trampled them under feet of late more than ever the worst of all our Monarchs or beheaded King did though declaimed against as the greatest of Tyrants by some who have transcended him in his worst Regal Exorbitances and particularly in this which the Lords and Commons in Parliament in their Declaration of Aug. 4. 1642. thus grievously complained of and objected against the Kings ill Counsellers That the LAWS were no protection or defence of any mans right all was subject to will and power which imposed WHAT PAYMENTS THEY THOVGHT FIT to drain the Subjects purses and supply THOSE NECESSITIES which their ill counsel had brought upon the King and gratify such as were instrumental in promoting most ILLEGAL and OPRESSIVE COVRSES Those who yielded and complied were countenanced and advanced all others disgraced and kept under and are they not so now as much as then that â—o their minds made poor and base as they were never so poor and base as now and THEIR LIBERTIES lost and gone as they were never so much as now they might be ready to LET GO THEIR RELIGION whensoever it should be resolved to alter it which was and still is the GREAT DESIGN and all the rest made use of as instrumental and subservient to it Upon which consideration they thus concluded that Declaration Therefore we the Lords and Commons are resolved to expose our lives and fortunes for the defence and maintenance of the true Religion the Kings person honor and estate the power and priviledge of Parliament the just rights and liberty of the Subject And we do hereby require all those who have any sence of piety honor or compassion TO HELP A DISTRESSED STATE especially SVCH WHO HAVE TAKEN THE PROTESTATION and are bound in the same duty with us unto their God their King and Country to come into their aid and assistance That which hath not a little encouraged me hereunto is not only this their publick call but likewise this memorable passage vow protestation of the Lords and Commons assembled in Parliament in their printed Declaration in answer to his Majesties of October 23. 1642. Which I fear most of them since in power have quite forgotten and therefore I beseech them now seriously to remember it Though we know very well there are too many of the Gentry of this Kingdom who to satisfy the LVSTS OF THEIR OWN AMBITION are content like Esau TO SELL THEIR BIRTH-RIGHT AND CARE NOT TO SVBMIT THEMSELVES TO ANY ARBITRARY AND UNLIMITED GOVERNMENT so they may FOR THEIR OWN TIME PARTAKE OF THAT POWER to trample and insult over others And have not are not some of these declarers and censures such themselves yet we are assured that there are of the Gentry many worthy and true hearted Patriots but where are those many now who are ready to lay down their lives and fortunes and
the Mask and Visard of their Hypocrifie what their the Kings ill Counsels design is To Subject both King and Parliament and Kingdom to their needy Ambitious and Avaritious Spirits and to the violent Laws Martial law of Governing the People by guards and by the Souldiers But alas for grief how superlatively have many of the Army Officers and their confederate members though parties to these Declarations and Protestations violated them and both Houses Faiths Trusts intentions ends in raising the Army in every of these particulars How have they verified justified the Kings Declarations Jealousies concerning the Parliaments Army in every point here and elswhere disclaimed by both Houses How have they exceeded out-acted the Kings Jesuitical Counsellers and most desperate Popish Army in violating subverting both the Parliaments Priviledges Members and Parliaments themselves together with our Fundamental Laws Liberties Government for whose preservation they were only raised paid How have they pursued the Kings and his worst Jesuited Counsellers footsteps in all the charges here objected against them by both Houses in relation to the Parliaments priviledges Members Constitution Rights Laws to their utter subversion dissolution and waged war against them And doth not every man plainly discern through the Mask and Visard of their Hypocrifie to use both Houses expressions that their design is just the same with that here objected by the Parliament to the Kings ill Jesuited Counsellers and Popish army even to subject both King Parliament and Kingdom to their needy ambitious avaritions spirits and to the violent Laws marshal Law of Governing the People yea Parliaments themselves by Guards and by the Souldiers and By Conquest to establish an absolute and unlimited power over the Parliament and good Subjects of this Kingdom as the Houses elswhere thrice objected against the late King his Army and party being the very design as many wisemen fear of the 27 Article of their New Government to settle a constant Annual revenue for the maintenance of 20000 Foot 10000 Horse and Dragoones to be alwayes constantly kept up Winter and Summer without disbanding or diminution for the Defence and Security of England Scotland and Ireland Which must henceforth be kept under by Mercinary Foâ—ces to guard of Protectors when as the Heathen Poet assures us â—nteger vitae scelâ—risque purus non eget Mauri jaculis nec arcu much less our English Nation ever formerly secured by their own unmercinary Militia of the Trained Bands and those Lords and Gentlemen who hold their Lands by Knight-service O that they would now in the name and fear of God as they tender the eternal salvation of their Souls the honour and priviledges of all future Parliaments the ease welfare settlement of our Nation Lay all this most seriously to their Hearts and make it a matter of their greatest lamentation and repentance Besides this have they not falsified that memorable late Declaration of the Lords and Commons assembled in Parliament Novemb. 2. 1642. in Answer to his Majesties well worthy perusal now and made good both for the time past and all succeeding Parliaments whiles there shall be any standing Army in England able to over-power them all the odious scandalous positions in relation to the English Parliament its Members and priviledges deduced from the Kings Declaration only by inference but disclaimed by the King summed up by them in the close of that Remonstrance and published in these ensuing terms as will evidently appear if applied to the Army and their Generall Councel of Officers by adding or exchanging their names only for the Kings in a parenthesis 1. That the King the * Army General and their General Councel of Officers when he pleaseth may declare the Major part of both Houses which in all sorts of Republicks doth yea ought of right to over sway the Minority their Votes to be firm and binding to all men as Aristotle himself resolves a faction of Malignant Schismatical and ambitious Persons so that all Parliaments that have been heretofore and SHALL BE HEREAFTER AND ALL LAWS MADE IN THEM may by this means be called in question at pleasure yea nulled and repealed for ever as some former Parliaments have been when held and over-awed by armed power or unduly elected packed summoned without Lawfull Authority or some of the Members forcibly secluded as you may read at large in the Statutes of 21 R. 2. c. 11 12 16 17 18. 1 H. 4. c. 3. 1 H. 4. Rot. Parl. n. 22 23 36 48 66 70. 113. 39 H. 6. c. 1. 17 E. 4. c. 7. worthy the serious perusal of our present Grandees and all illegitimate Parliaments where they may read the fatal end of all new unparliamentary projects laws devices wherein many now so much glory as if they would continue form for ever when as in a few years space they will all probably prove nullities be for ever reversed yea branded to posterity as most pernicious presidents 2. That his Majesty the Army and their General Councel may declare what is the known Law of the Land against the judgement of the Highest Court and consequently of all his Courts So that the safety and right of King and people and THE LAW IT SELF must depend upon his Majesties the Army General and their Councels pleasure 4. That as the King hath a property in his Townes Forts and Kingdoms so he the Army and their General Councel may dispose of them as he pleaseth and the Representative body of the whole Kingdom may not intermedle in discharge of his Majesties the Armies Generals Councels trust though by the advice of evil Councellers they see it diverted to the hazard of the publique peace safety of the Kingdom 5. That his Majesty the Army General and their Councel or any other person may upon suggestions and pretences of Treason Felony or breach of peace or of their Trusts a fourth Army new-minted cause Take the Members of Parliament without giving satisfaction to the House whereof they are Members of the grounds of such suggestion or accusation and without and against their consent as in the case of the late secured secluded Members and their two Junctâ—'s since so they may Dismember a Parliament when they please and make it what they will when they will 6. That whosoever shall follow the King Army General and their Councel in the wars against the Parliament though it were to destroy Laws Liberty Religion the Parliament it self and the whole Kingdom yet he shall be free from all crime or punishment And that on the other side to oppose by force any such force though in the most Legal way and by authority of the Representative body of the whole Kingdom is to leavy war against the King Army General and TREASON within the Letter of 25 E. 3. or of their new Knacks since So our Lands Liberties Lives Religion and Laws themselves Whereby all the Rights both of King and People
as he shall depute or by his command shall be deputed to keep the peace within the said places and also except the Kings servants according to the Statute of Northampton And it is not the intention of our Lord the King that any Earl or Baron may not have his Lance brought to him in any place but onely in the Kings presence and in the place of Councell The like Proclamations were made in the beginning of the Parliaments of 9. 1â— 17 18. 20 25 â—dw 3. and sundry others more necessary to be revived in all succeeding English Parliaments now than ever heretofore since the unpresidented forces upon the late Members of both Houses and the Parliament it self by the Army-Officers and Souldiers raised to defend them from Violence The Treasonablenesse and Transcendency whereof being at large related in my Epistle to the Reader before my Speech in Parliament 4 December 1648 I shall not here criminally presse nor insist on but referred them thereunto However for the future security and freedome of our Parliaments from violence I must crave liberty to inform these Army Parliament drivers forcers dissolvers habituated to this trade That if the late Kings march to the House of Commons accompanied only with some of his Pensioners and others armed with Pistols and Swords meerly to demand but five Members thereof to be delivered up to Justice particularly impeached by him of High Treason some dayes before to wit That they had traiterously endeavoured to subvert the Fundamental Laws and Government of this Kingdome To deprive the King of his Royal power To place over the Subjects an Arbitrary and Tyrannical power To subvert the very Rights and being of Parliaments and by force and terrour to compell the Parliament to joyn with them in their designs for which end they had actually raised and countenanced Tumults against the King and Parliament Or if the Kings bare tampering with some Officers of his own Northern Army to draw a Petition from them to the Houses or march towards London from their quarters not to seise upon force or dissolve the Parliament or its Members but only to over-aw them and impeach the freedom of their debates Votes touching Episcopacy Church-Government and the Kings Revenues were such high transcendent violations of the Priviledges and Freedome of Parliament and unsufferable injuries as both Houses of Parliament separately and joyntly proclaimed them to all the world in severall Declarations during his life Or such capitall crimes as those who condemned and executed him for a Traytor and Tyrant have published in their Declaration of 17 March 1648. touching the grounds of their proceedings against him and setling the Government in the way of a Free State without King or House of Lords since his beheading in these very words But ABOVE ALL the English army was laboured by the King to be engaged against the English Parliament a thing of that strange in piety and unnaturalness for the King of England that nothing can answer it but his being a Forraigner neither could it have easily purchased belief but by his succeeding visible actions in full pursuance of the same as the Kings comming in Person to the House of Commons to seise the five Members whither he was followed with some hundreds of unworthy debauched persons armed with swords and pistols and other arms and they attending him at the door of the House ready to execute what the Leader should command them Which they charged against the King as the highest of his unparralleld Offences for which they appeal to all the world of indifferent men to judge whether they had not sufficient cause to bring him to Justice Though neither he nor his followers then seized secured secluded injured any one Member when they thus went to the Commons House Yea presently retracted his Impeachment and offered all satisfaction that should be desired by the House for this breach of Privilege and though neither the Northern Army nor their Officers ever advanced towards or offered the least violence to the Houses or their priviledges by Petition or otherwise Then certainly the Parliaments own Armies Officers Counsels manifold high printed Declarations of June 14. 23. July 7. Aug. 18. 1647. Nov. 16. Decemb 7. 1648. and others before and since their professed open Oppositions Impeachments against the very Proceedings Votes Orders Ordinances Members of both Houses of Parliament which first raised them principally for their defence Printed by their order in their Book of Declarations The History of Independency and my Speech in Parliament their Impeachment of eleven Members of the House of Commons and sundry Lords at once their securing of above 40 and secluding of above five parts of six of the whole House of Commons at once their avowed marches with the whole Body of the Army in Baâ—talia severall times to force the Houses seise their Members over-aw affright dis-member dissolve the Parliament it self and their own new erected Junctoes since and justification of it to all the world in print in their humble Answer touching the secured and secluded Members Jan. 3. 1648. The true state of the case of the Commonwealth of England 1654. and their Declarations concerning their dissolution of their two Junctoes after these Misdemeanours of the King without the least repentance for them must needs be farre more execrable unwarrantable and criminal than the Kings and deserve a severer censure than his Peccadilioes in respect of their crimes And if by the whole Armies printed Remonstrances August 2. and 18. 1647. the tumult of some unarmed London Apprentices who offered some small force to the Houses to the violation of their Priviledges without securing or secluding any one Member deserved a speedy and exemplary capital proceeding against the principal contrivers and Actors in it as they then declared and vehemently urged again and again in those Remonstrances Or if by their own Charge in the Name of the whole Army June 14. 1647. against the XI Members it was so high an offence in them That they joyntly or severally invited encouraged abetted or countenanced several Reformadoes and OTHER OFFICERS AND SOULDIERS TVMVLTVOVSLY AND VIOLENTLY TO GATHER TOGETHER AT WESTMINSTER TO AFFRIGHT ASSAULT THE MEMBERS OF PARLIAMENT IN PASSAGES TO FROM THE HOâ—SE TO OFFER VIOLENCE TO THE HOUSE IT SELF BY SVCH VNRVLY OVTRAGES THREATS TO AWE AND INFORCE THE PARLIAMENT And that upon their bare suggestion thereof without any proof at all or colour of truth they presently demanded That the persons impeached MIGHT BE FORTHWITH SECLVDED FROM SITTING IN THE HOVSE and removed thence before any hearing or trial which the Officers and Army eagerly pressed in their Paper of June 15. 1647. Nay if by their own late printed Instrument of the Government of the Commonwealth of England c. Articles 14. 16. All and every person and persons who have aided advised assisted or abetted in any war against the Parliament since the first day of
reproach too vile but that we shall willingly goe through the one and undergoe the other That we and the WHOLE KINGDOME MAY ENJOY THAT HAPPINESSE which we cannot in an ordinary way of providence expect FROM ANY OTHER FOUNTAIN OR STREAM than those from whence were the poison of evil Councels once removed from about them no doubt but we and THE WHOLE KINGDOME SHOULD BE SATISFIED MOST ABUNDANTLY And on the contrary have they not fully and actually verified in respect of themselves and their Confederates in the Houses this Odious aspersion then only in prediction cast by the KING on the PARLIAMENT but by them at that time renounced with greatest detestation and drawn those sad consequences on the whole Kingdom wherewith both HOUSES conclude that Declaration in these words 7. That the Representative Body of the whole Kingdom since dissolved by the Army is a Faction of Malignant Schismatical ambitious Persons whose DESION IS AND ALWAYES HATH BEEN TO ALTER THE WHOLE FRAME OF GOVERNMENT BOTH OF CHURCH AND STATE AND TO SUBJECT BOTH KING AND PEOPLE TO THEIR OWN LAWLESSE ARBITRARY POWER AND GOVERNMENT and that they DESIGN THE RUINE OF HIS MAJESTIES PERSON and OF MONARCHY IT SELF and consequently that they are TRAITORS and all the Kingdome with them for their act is the act of the whole Kingdome And whether their punishment and ruine may not also INVOLVE THE WHOLE KINGDOM IN CONCLUSION AND REDUCE IT INTO THE CONDITION OF A CONQUERED NATION as some ARMY OFFICERS SOULDIERS openly averre we are now reduced to by and under them NO MAN CAN TELL BUT EXPERIENCE SHEWETH US and now we find it most true in the ARMY-OFFICERS COVNCELL SOVLDIERS THAT SVCCESSE OFTEN DRAWS MEN NOT ONELY BEYOND THEIR PROFESSION but also many times beyond their first intentions Surely as the Armies and their Confederates late proceedings in relation to themselves though not unto the forced dismembred dissolved Parliament and secured Members have fully verified this charge in every particular then reputed most false and scandalous which I thus press upon their consciences at this time and so largely insist on not to defame or asperse them to the world as many others do who apply that black Character of Ier. 9. 2. to 6. c. 12. 6. Rev. 3. 10. to 19. They are all an ASSEMBLY OF TREACHEROVS MEN Thine habitation is in the MIDST OF DECEIT c. Destruction and Misery are in their wayes and the way of Peace they have not known there is no fear of God before their eyes unto them in a more eminent manner as being really verified by their unparalleld exorbitances formentioned but to vindicate the Innocency Integrity of the Majority and secluded Members of both Houses against the scandalous printed aspersions of Militiere and other Papists to preserve and justifie the Honour of our Reformed Religion and of the most zealous Professors thereof to restore re-establish if possible the Priviledges the Freedom of all Future Parliaments much impaired endangered by their heady violent Proceedings and most pernicious Presidents to Posterity if not publikely abominated exploded by them or exemplarily punished to deterr all others from their future imitation to convince them by what Jesuitical Popish old Court-Principles Counsels Practises they have hitherto been misguided and to reclaim them as much as in me lieth for the future from the like destructive Practises for the publick Safety Peace Settlement of our distracted Kingdoms and do most earnestly beseech them as they are English-men Souldiers Christians seriously to repent of and lay to heart lest they perish eternally for them at last as likewise to take heed lest by teaching and instigating the Common Souldiers of the Army to suppresse oppresse betray the Parliament Kingdom People who raised payed and entrusted them only for their safeguard and defence they do not thereby instruct and encourage them at last to betray and destroy themselves it being a true observation of Seneca the Philosopher Aliquando Tyrannorum praefidia in ipsos consurrexerunt PERFIDIAMQVE ET IMPIETATEM ET FERITAREM ET QVICQVID AB ILLIS DIDICERANT IN IPSOS EXECRERVNT Quid enim potest ab eo quisquam sperare QVEM MALVM ESSE DOCVIT Non diu paret nequitia nec quantum jubetur peccat as we have seen by many late presidents So the Army-Officers Souldiers Great Successes in all their Wars Designs and forcible ill Proceedings against the King Parliament Kingdom Government Laws and Liberties as it hath caused them not only beyond their Professions but also beyond their first Intentions Commissions Protestations to forget that Gospel-precept given to Souldiers Luke 3. 14. to advance themselves to a more absolute Soveraign arbitrary Power over them than ever any Kings of England claimed or pretended to as their late Proceedings Remonstrances and transcendent Instrument of the Government of the three Kingdoms manifest so it hath been the principal Ground whereby they have justified all their unpresidented forementioned Exorbitances as lawfull commendable Christian and that which hath struck such a stupifying pannick fear such a stupendious cowardize baseness sottâ—shness into the Generality of the Nobility Gentry Ministery and Commons of our late most heroick English Naton that there is scarce a man to be found throughout the Realm of any Eminency though we should seek after him like Diogenes with a Candle that dares freely open his mouth against their most irregular illegal violent destructive arbitrary Proceedings Usurpations Innovations Oppressions Taxes Projects to the shaking and utter subverting of our ancient Fundamental Laws Liberties Rights Properties Parliaments Parliamentary priviledges Government and taking away of the very Lives of some and thereby endangering the Lives of all other English Freemen of all Degrees in mischristened High Courts of Justice Such a strange Charm is there in Success alone to metamorphise Men into meer temporising slavish sordid sotts and beasts yea to cause not only persons truly honourable but the very Devil himself and the worst of beasts to be wondred after applauded adored not only as Saints but Gods We read Rev. 13. of a Monstrous deformed BEAST to whom the Dragon the Devil gave his Power Seat and Great Authority whereupon all the world wondred after the Beast and worshipped not onely the Dragon that gave him power but the Beast likewise saying Who is like unto the Beast WHO IS ABLE TO MAKE WAR WITH HIM And there was given unto him a Mouth speaking Great things and blasphemies and power was given him to continue and make war forty and two months And power was given unto him to make war with the SAINTS AND TO OVERCOME THEM and power was given him over all Kindreds and Tongues and Nations And HEREVPON IT FOLLOWS all that dwell upon the earth shall worship him whose names are not written in the Lambs Book of Life And another Beast under him caused the earth and all that dwell therein to set up the Image of this Beast and to worship it and he
Parliaments Titles Priviledges and Powers too of late and dispose of reject suppress them at their pleasure let themselves the whole Nation with all in present power in the fear of God most seriously consider without passion or affection before it be over-late 4. That the Oathes of Supremacy and Allegiance which all Members of Parliament ought by Law to take before they can sit or vote as Members specially made and prescribed by our most wise zealous Protestant Parliaments to prevent the Treasonable plots and designs of Popes Iesuites and Papists against our Protestant Princes Realms Parliaments Religion though confirmed by many Statutes and containing in them only the Declaration of such a Duty as every true and well-affected Subject not only by the bond of Allegiance but also by the COMMANDMENT OF GOD ought to bear to the King his Heirs and Successors and none but persons infected with Popish Superstition formerly oppugned as the Prologue of the Statute of 7 Iacobi c. 6. positively resolves have by late State innovators not only been discontinued suspended but declaimed against and repealed as much as in them lay as VNLAWFUL OATHS the old Lawes against Iesuits and Popish Seminaries discontinued abrogated or coldly executed The New Oath for abjuration of Popery with all Bills against Iesuites and Papists presented to the late King by both Houses the last Parliament and by him consented to in the Isle of Wight wholly laid aside and quite buried in oblivion The Solemn Protestation League and Covenant prescribed by the last Parliaments taken by all the well-affected in all the 3 Kingdoms to prevent the dangerous plots of Papists Iesuites and our common enemies to destroy our Religion Churches Realms Government Parliaments Laws Liberties quite antiquated decâ—ied detested and a New Engagement forcibly imposed under highest penalties and disabilities upon all men diametrically contrary to these Oaths Protestations and Covenants which have been by a new kind of Papal power publickly dispenced with and the people absolved from them to become sworn Homages to other new self-created Lords and Masters And are not all these with the late Proclaimed Universal Toleration and Protection of all Religions to considerate zealous Protestants strong Arguments of the Jesuites Predominancy in our late counsels transactions and changes of publike Government 5. That the Notion of THE PRESENT GOVERNMENT in my weak apprehension derived its original from the Iesuites late-invented PRESENT CHURCH the onely Supream Power and Judge of Controversies which all men must submit unto by a meer absolute blind Obedience and implicit faith without dispute by their determination as they must do by a like Iesuitical blind obedience newly taught and obtruded on us to that present Republican Government and new Optimacity and Popularity lately set up instead of our Monarchy Which two forms of Government and want of a King and Monarchy as they are the punishment of a peoples Sins and the Transgressions of a Land by Gods own resolution not a Mercy Hosea 10. 3. c. 1. 4. Ier. 18. 7. Prov. 28. 2. Ezâ— 19. 14. Lam. 4. 20. c. 5 7 8 12. so they were the inventions of Factious Grecians at first wâ—ch put all their Cities into Combustions fury frenzy and civil wars against each other to their utter overthrow in conclusion witness these verses of Heniochus a Greek Comedian Tum geminae ad illas accesserunt Mulieres TITAS QUAE CUNCTA CONTURBARUNT OPTIMAEst nomen alteri alteri POPULARITAS RUNT Quarum incitatis PRIDEM EXTERNATAE FUâ— So the Iesuits Parsons Campanella Car. Richelieu designed to introduce set them up among so us in Engl. Scotl. and Ireland of purpose to divideâ— destroy us by civil wars and combustions and bring us under their Jesuitical power at last as the marginal Authorities declare to all the world And if this be undeniable to all having any sence of Religion Peace or publick Safety left within their brests is it not more than high time for us to awake out of our former lethargy fordid selfish stupidity to prevent our ruine by these and other forementioned Jesuitical practises Of can any Englishman or real Parl. be justly offended with me for this impartial discovery of them Or for my endeavours to put all the dislocated Members and broken bones of our old inverted fundamental body Politick into their due places joints and postures again without which there is no more possibility of reducing it to its prâ—stine health ease settlement tranquility prosperity or of preserving it from perpetual pain inquietation consumption and approaching death than of a natural body whose principal members continue dis-joynted and bones broken all in pieces as all prudent State-Physicians must acknowledge These five Considerations together with the Premises will I presume sufficiently wipe off all the malicious scandalous Imputations which Militiere and other Papists have injuriously cast upon the Principles and chief Professors of our Reformed Religion in relation to the late exorbitant Proceedings against the King Parliament the publike Revolutions Confusions Ataxies both in our Church Kingdoms and retort them on the Iesuitical Papal seditious Treasonable Antimonarchical Principles and Professors of their Religion especially the Iesuits and French Cardinals Militiere his late Lords and Masters the original Contrivers and chief clandestine Promoters of them as every day more and more discovers to the world And withall abundantly justifie this my undertaking impartial discovery of Jesuitical plots to ruin our Church Religion Kingdoms Parliaments Laws Liberties Government against all malicious Enemies Accusers Maligners whatsoever before all the Tribunals of God or Men where I shal be ready to justifie them upon all occasions In perpetual testimony whereof I have hereunto set my Hand and by Gods Grace shall ever be ready to seal them and the truth of God with my blood if called out to do it Swainswick Aug. 12. 1654. William Prynne A Seasonable Legal and Historicall VINDICATION and Chronologicall Collection of the good Old Fundamental Liberties Franchiseâ— Rights Laws of all English Freemâ—n their best Inheritance Birth-right Security against all Arbitrary Tyranny Aegyptian Slavery and Burdens of late years most dangerously undermined oppugned and almost totally subverted under the specious feigned Disguise of their Defence Enlargement and future Establishment upon a sure Basis IT is an universall received Principle and experimentall truth beyond all contradiction That no naturall structure no artificial building no Civil or Ecclesiastical Corporation Realm Republike Government or Society of men no Art or Science whatsoever can possibly be erected supported established preserved or continued in their being or well-being without FOVNDATIONS Whereon as they were at first erected so they must necessarily still depend or else they will presently fall to utter ruine Hence it is to wave all Humane Authorities in so clear a verity that in Gods own sacred unerring word of Truth we finde frequent mention of the naturall
Foundations of the the vast natural Fabrick of the Earth Heavens and world it self of the Artificial Material Foundations of the Material Temple Wals City of Gods own most famous Jerusalem and of private Houses of the spirituall Foundations of the Spiritual Temple City Jerusalem and whole Church of God even Jesus Christ himself of Doctrinal Foundations and first Principles of Religion Christianity Salvation yea of the Politicall Foundations of Kingdomes Republicks Churches Governments States Which being once shaken undermined subverted razed or dâ—stroyed bring unavoidable ruine and desolation upon them Psal 11. 3. Psal 82. 5. Jer. 50. 15. 51. 25 26. Micah 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 Kingdome Republike essentiall to their being and subsistence as a free or happy people against the Invasions underminings enchroachments of any Tyrants Vsurpers Oppressors 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 policy have endeavoured to violate alter or subvert them rather than out of a Cowardice Sottishnesse Carelesnesse or want of cordial love to the Publike to suffer the least infringment repeal or alteration of them to the inthrawling of themselves or their posterities to the arbitrary wils of such domineering Tyrants and Vsurping Powers Now because after all our Old and New many years bloody costly dangerous Contests and Wars for the maintenance of our good Old Fundamental Liberties Laws â—ights Priviledges against all secret or open underminers of them I clearly behold with grief of heart that there is a strang monstrous generation of new Tyrannical State-Hereticks sprung up amongst us who are grown so desperately impudent as not only to write but publikely to assert in print in Books printed by AUTHORITY even in Capitals in every Title page That the Freemen and People of England have no such unalterable Fundamental Laws and Liberties left them by their forefathers as our Ancestours 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 2. with other Kings and Princes and our late Parliamentâ— and Armies too with King James and King Charls That neither Magna Charta nor the Petition of Right nor the Laws for trying Malefactors by Juries of their Pears are 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 whol as they see cause Yea have now attained to such a super-transcendent Authority that they may as they assert lay aside all Parliaments Parliamentary wayes 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 privat Interests Honors Profits Securities Designes Oppressions Rapines gilded over with this specious pretext And then peremptorily conclude That to plead for these and other fundamental laws and liberties as unalterable though the only Bulwarks Badges of our Freedome is nothing else but to enslave the Nation for by such a Principle people do not only lose their Liberty but are brought under such a kinde of Tyranny out of which AS BEING WORSE THAN 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 inthrall us under such an absolute AEGYPTIAN BONDAGE and Tyranny without any hope of future deliverance from it which some now endeavour to entaile on us and our posterities for ever by an Iron law and Yoke of Steel in stead of restoring to us that glorious Freedome which we have so long expected from them in vain And because I finde the generality of the Nobility Gentry Clergy Commonalty of our Nation after all their late years expensive bloody wars and Parliamentary Disputes for the defence and preservation of these our ancient Hereditary Fundamentall 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 unchristian unmanly un-english fear or sottish cowardise and stupidity wittingly to desert betray surrender them al up into the hands of any invading Vsâ—rpers without the least Publike Claim Dissertation Defence Dspute then diligently or couragiously to coÌ„tend or suffer for them of late they did So as that which Paul once taxed in the â—lavish besotted Corinthians 2 Epist 11. 20. may be most truly averred of our degenerated infatuated English Nation Ye suffer if a man bring you into bondage if a man deâ—â—ur you if a man take of you if a man exâ—lt himself above your Laws Liberties Franchises Parliaments Kings Nobles Properties Lives Consciences and all that is called God or warshipped if a man smite you on the face notwithstanding all their manifold late Protestations Vows Covenants Remonstrances Declarationâ— and Publike Engagements to the contrary And withall after diligent enquiry discovering scarce one man of Eminency or Power in the Nation nor so much as one of my degenerated temporizing Profession of the Law even when the whole body of our laws and all its Professors are violently assaultâ—d and devoted unto suddain 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 fundamentall laws liberties rights franchises though their own and every other English Freemans 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 Kingdomes peace by those who are truly such I thereupon conceived I could not undertake or performe a more necessary seasonable beneficiall service for my Country and ingrate unworthy Nation who are now 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
Parliament set on Impositions either within the Land or 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 never failed to obtain a speedy and full redresse without any 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 Laws of this Real WHiCH ARE AS ANCIENT AS THE KINGDOME 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 Acts of Parliament wherein it is provided That no such Charge shall 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 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 farre more in number than any your Noble Ancestors did ever in time of Warre do with all humility present this most just and necessary Petition unto your Majesty THAT ALL IMPOSITIONS SET WITHOVT ASSENT IN PARLIAMENT MAY BE QVITE 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 Imposition of any kinde set or to be set upon your people their Goods or Merchandises save onely by common Consent in Parliament are and shall bâ— Void wherein your Majesty shall not onely 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 overthrow of Merchants and shipping the causing of general dearth and decay of all wealth among your people who will be thereby no lesse discouraged than 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 and 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 enchroachments together with their own care duty and vigilancy in this kind in that very Parliament 3. They relate the readinesse 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 infringment thereof by arbitrary illegall 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 Merchandises 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 National or reall Parliament to prosecute enact establish such a Declaration and Law against all such former and future arbitrary illegal oppressive Taxes Impositions Excises that have been imposed and continued for many years together on the whole kingdome by new extravagant self-created usurping ARMY-OFFICERS and other Powers without free and full consent of the people in Lawfull English Parliaments against all former Laws Declarations and Resolutions in Parliaments to their great oppression enslaving undoing in far greater proportions multiplicity and variety than ever in former Ages without the least intermission and likewise against their late declared designe 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 29 30 39. Articles of the Instrument entituled The Government of the Common-wealth of England c. I remit to their most serious considerations to determine if ever they resolve to be English Freemen again or to imitate the wisdome 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 wils of present or future Vsurpers on their Fundamental Rights and Liberties in an higher degree then ever in any precedent Ages under the greatest Conquerours or Kings after all their late costly bloody Wars for their Defence against the beheaded King 5 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 Property 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 Judge of this Kingdome printed at London by Richard Bishop 1641. and Ordered to be Published in Print at a Committee appointed by the Honorable House of Commons for examination and Licensing of Books 20. Maii 1641. In which Parliamentary Argument p. 8. 11. 16. I finde these direct Passages That the New Impositions contained in the Book of Rates imposed on Merchandizes imported and exported by the Kings Prerogative and Letters Patents without consent in Parliament is against the natural Frame and Constitution of the Policy of this Kingdome which is JVS PVBLICVM REGNI AND SO SVBVERTETH 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 Laws 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 KINGDOME 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 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 FVNDAMENTAL LAWS AND PROPERTY OF THE SVBJECT and Original Right Frame and Constitution of the Kingdome as the Notes and Journals of that Parliament evidence An expresse parliamentary Resolution in point for what I here assert 6. The sixth is 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. entered in the Parliament Journal of 4. Caroli and since printed at London 1642. In the Introduction to which Conference Sir Dudley Digs 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 â—ook of the Law but many A FVNDAMENTAL 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 ancient than 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 NOLVMVS MVTARI and so ancient that from the Saxons dayes 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 FUNDAMENTALL 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 MEVM and TVVM that is the Nurse of Industry and the Mother of Courage and without which there can be no Justice of which MEVM and TVVM is the proper object But the VNDOVBTED BIRTH-RIGHT OF FREE SVBJECTS 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 7. The Seventh is The Vote the whole House of Commons 16. December 1640. Nullo contradicente entered in their Journall and printed in Diurnall Occurrences page 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 containe diverse things tending to Faction and Sedition Seconded in their Remonstrances of 15. December 1641. 8. The eight Authority is The Votes of both Houses of Parliament concerning the security of the Kingdome 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 his Majesties refusall the Ordinance agreed on by both Houses for the MILITIA to secure the Houses Members and Priviledges of Parliament and Kingdome against ARMED-VIOLENCE since brought upon them by the MILITIA of the Army doth obliege the people and ought to be obeyed by the FUNDAMENTAL LAWS OF THIS KINGDOME A very vain and delusory Vote if there be no such Law as some now affirm 9. The nineth punctuall Authority is a Second Declaration of the Lords and Commons assembled in Parliament concerning the Commission of Array Printed by their speciall Order of 12. January 1642. Wherein are these observable passages The main drift of all 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 Kingdome 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 Subject for Defence of the Kingdome so as the charge imposed come not to himself nor to his particular advantage These grounds thus laid extend not to the Commission of Array alone but to all other charges that his Maâ—esty shall impose upon his Subjects upon pretence of Defence of the Kingdome for there is the same reason of Law for any other charge that is pretended for Defence as for this If his Majesty by the Common Law may charge his Subjects to finde Arms and other things in the Commission enjoyned because they are for Defence of the Kingdom by the same reason of Law he may command his People to build Castles Forts and Bulwarks and after to maintain them with Garrisons Arms and Victuals at their own charges And by the same reason he may compel his subjects to finde Ships and furnish them with Men Ammunition and Victuals and to finde Souldiers pay Coat and Conduct money provide victuals for Souldiers and all other things NECESSARY FOR AN ARMY these things being as necessary for Defence as any thing that can be done in execution of this Commission And for that exposition of the Petition of Right and other Statutes therein noted if it should hold doth it not overthrow as well the Petition it self at all other Laws that have been made for the subjects benefit against Taxes and other charges either 〈…〉 or any other Parliaments These Positions thus laid down and maintained Do shake the Fundamental Laws of the Kingdome the ancient Birth right of every Subject both for the Property of his Goods and Liberty of his Person Nay they strike at the root of Parliaments What need his Majesty call Parliaments to provide for Defence of the Realm when himself may compell his subjects to defend it without Parliaments If these grounds should hold what need the subjects grant subsidies in Parliament for Defence of the Kingdome in time of reall danger if the King for Defence at any times when he shall onely conceive or pretend danger may impose Charges upon his Subjects without their Consent in Parliament Upon that which hath been said in this and our former Declaration we doubt not but all indifferent men will be satisfied that this Commission of Array is full of danger and inconvenience to the Subjects of England AND AGAINST THE FUNDAMENTALâ— LAWES OF THE LAND both for PROPERTY OF GOODS AND LIBERTY OF PERSON c. As it is against THE FUNDAMENTAL LAWS OF THE REALM so no statute makes it good c. And the Lords and Commons do upon the whole matter here conclude That they are very much aggrieved that
cloak their intentions from the people they took an Oath of all they met Quod Regi Communibus fidelitatem servarent that they should keep Allegiance and Faith to the King Commons Yea Wat Tyler demanded a Commission from the King to behead all Lawyers Escheaters and others whatsoever that were learned in the laws or communicated with the law by reason of their Office conceiving in his minde that this being brought to passe all things afterwards would be ordered according to his own and the common peoples fancy And he made his vaunt putting his hand to his own lips That before scure dayes came to an end ALL THE LAWS OF ENGLAND SHOULD PROCEED FROM HIS MOUTH Which some of late times seem to speak not only in words but deeds by their manifold new laws and Edicts repealing or contradicting our old This their resolution and attempt thus to alter and subvert the Laws and Government upon full debate in the Parliament of 5. R. 2. n. 30. 31. was declared to be High-Treason against the King and the Law for which divers of the chief Actors in this Treasonable Designe were condemned and executed as Traitors in severall places and the rest enforced to a publike submission then pardoned Let these imitators now remember this old President 2. In the Parliament of 11. R. 2. as appears by the Parliament Rols and printed Statutes at large three Privy Councellours the Archbishop of York the Duke of Ireland and the Earl of Suffolk the Bishop of Exeter the Kings Confessor five Knights six Judges whereof Sir Robert Tresylian Chief Justice was one Blake of the Kings Councel at Law Vsk and others were impeached and condemned of High Treason some of them executed as Traitors the rest banished their lands and goods forfeited and none to endeavour to procure their pardon under pain of Felony for their endeavouring to overthrow a Commission for the good of the Kingdome contrary to an Act of Parliament by force of Arms and opinions in Law delivered by these temporizing Judges and Lawyers to the King through threats and terrour at Nottingham Castle tending to subvert the Laws and Statutes of the Realm overthrow the Power Priviledges and proceedings of Parliament and betray not all the House of Lords but only some of the Lords of Parliament Which Judgement being afterwards reversed in the forced and packed Parliament of 21. R. 2. was reconfirmed in the Parliament of 1 H. 4. c. 3 4 5. and the Parliament of 21. R. 2. totally repealed and adnulled for ever and hath so continued Read Statut. at large 3. In the Parliament of 17 R. 2. n. 20. and Pas 17 R. 2. B. Regis Rot. 16. Sir Thomas Talbot was accused and found guilty of High Treason for conspiring the death of the Dukes of Glocester Lancaster and other Peers who maintained the Commission confirmed by Act of Parliament 10. R. 2 and assembling people in a warlike manner in the County of Chester for effecting of it in destruction of the estates of the Realm and the Laws of the Kingdome 4. In the 29. year of King Henry the sixth Jack Cade under a pretence to REFORM alter and abrogate some laws Purveyances and Extortions importable to the Commons whereupon he was called JOHN AMEND ALL drew a great multitude of Kentish people to Black-heath in a warlike manner to effect it In the Parliament of 29 H. 6. c. 1 this was adjudged High Treason in him and his Complices by Act of Parliament and the Parliament of 31. H. 6. c. 1. made this memorable Act against him and his Imitators in succeding ages worthy serious perusal and consideration by all who tread in his footsteps and over-act him in his Treasons Whereas the most abominable Tyrant horrible odious and errant FALSE TRAYTOR John Cade calling himself sometimes Mortimer sometime Captain of Kent which Name Fame Acts and Feats be to be removed out of the speech and minde of every faithfull Christian man perpetually falsly and traiterously purposing and imagining the perpetuall destruction of the KINGS PERSON and FINAL SVBVERSION OF THIS REALM taking upon him ROYALL POWER and gathering to him the Kings People in great number BY FALSE SVBTIL IMAGINED LANGVAGE and seditiously made a stirring Rebellion and insurrection VNDER COLOVR OF JVSTICE FOR REFORMATION OF THE LAWS OF THE SAID KING robbing slaying spoiling a great part of his faithfull people Our said Soveraign Lord the King considering the premises with many other which were more odious to remember by advice and assent of the Lords Spiritual and Temporal and at THE REQUEST OF THE COMMONS and by Authority aforesaid Hath ordained and established that the said John Cade shall be had named and declared A FALSE TRAYTOR to our said Soveraign Lord the King and that all his Tyranny Acts Feats false Opinions shall be voided abated adnulled destroyed and put out of remembrance for ever And that all Indictments and things depending thereof had and made under the power of Tyranny shall likewise be void adnulled abated repealed and holden for none and that the blood of none of them be defiled nor corrupted but by the Authority of the said Parliament clearly declared for ever And that all Indictments in time coming in like case under power of Tyranny Rebellion and stirring had shall be of no regard or effect but void in Law And all the Petitions delivered to the said King in his last Parliament holden at Westminster the sixth day of November the 29. of his Reign against his minde by him not agreed shall be taken and put in Oblivion out of Remembrance undone voided adnulled and destroyed for ever as a thing purposed against God and his Conscience and against his Royal estate and preheminence and also DISHONORABLE and UNREASONABLE 5. In the 8 year of King Henry the 8. William Bell and Thomas Lacy in the County of Kent conspired with Thomas Cheney the Hermite of the Queen of Fairies TO OVER THROW THE LAWS AND CUSTOMS OF THE REALM for effecting whereof they with 200 more met together and concluded upon a course of raising greater forces in Kent and the adjacent Shires This was judged High Treason and some of them executed as Traitors Moreover it was resolved by all the Judges of England in the reign of Henry 8. that an Insurrection against the Statute of Laborers or for the inhansing of Salaries and wages or against any Statute or to remove Councellors or to any other end pretending Reformation of their own heads was TREASON and a levying war against the King BECAVSE IT WAS GENERALLY AGAINST THE KINGS LAW and the Offenders took upon them THE REFORMATION THEREOF which Subjects by gathering of power ought not to do 6. On December 1. in the 21. year of King Henry the 8. Sr. Thomas Moore Lord Chancellour of England with fourteen more Lords of the Privy Councel John Fitz-James Chief Justice of England and Sir Anthony Fitz-Herbert Herbert
one of the Judges of the Common Pleas exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinal Wolsey That he had by divers and many sundry wayes and fashions committed High Treason and NOTABLE GRIEVOUS OFFENCES by misusing altering and subverting of his Graces Laws and otherwise contrary to his high Honour Prerogative Crown Estate and Dignity Royal to the inestimable great hinderance diminution and decay of the universal wealth of this his Graces Realm The Articles are 43. in number the 20 21 26 30 35 37 42 43. contain his illegal arbitrary practises and proceedings to the subversion of the due course and order of his Graces Laws to the undoing of a great number of his loving people Whereupon they pray Please therefore your mostexcellent Majesty of your excellent goodnesse towards the Weal of this your Realm and subjects of the same to set such order and direction upon the said Lord Cardinal as may be to terrible example of other to beware to offend your Grace and your Laws hereafter and that he be so provided for that he never have any Power Jurisdiction or authority hereafter to trouble vex or impoverish the common-wealth of this your Realm as he hath done heretofore to the great hurt and dammage of every man almost high and low His poysoning himself prevented his legal judgement for these his Practises 7. The Statute of 3. and 4. Ed. c. 5 6. enacts That if any persons to the number of twelve or more being assembled together shall intend go about practise or put in use with force and arms unlawfully of their own authority TO CHANGE ANY LAWS made for Religion by authority of Parliament OR ANY OTHER LAWS OR STATUTES OF THIS REALM STANDING IN FORCE OR ANY OF THEM and shall continue together by the space of an houre being commanded by a Justice of Peace Mayor Sheriffe or other Officer to return or shall by ringing of any Bell sounding of any Trumpet Drumme Horn c. raise such a number of persons to the intent to put any the things aforesaid in ure IT SHALL BE HIGH TREASON and the parties executed as Traytors After this the Statute of 1 Mariaec 12. Enacted That if twelve or more in manner aforesaid shall endeavour by force to alter any of the Laws or Statutes of the Kingdome the offenders shall from the time therein limited be adâ—udged ONELY AS FELONS whereas it was Treason before but this Act continuing but till the next Parliament and then expiring the offence remains Treason as formerly 8. In the 39. year of Queen Elizabeth divers in the County of Oxford consulted together to go from house to house in that County and from thence to London and other parts to excite them to take arms for the throwing down of inclosures throughout the Realm nothing more was prosecuted nor assemblies made yet in Easter Term 39. Elizabeth it was resolved by all the Judges of England who met about the Case that this was High Treason and a levying war against the Queen because it was to throw down all inclosures throughout the Kingdom to which they could pretend no right and that the end of it was TO OVER THROW THE LAWS AND STATUTES for inclosures Whereupon BRADSHAW and BURTON two of the principal Offenders were condemned and executed at Ainstow Hill in Oxfordshire where they intended their first meeting 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 1640. The whole House of Commons impeached Thomas Earl of Strafford Lord Deputy of Ireland of High Treason amongst other Articles for this crime especially wherein all the other centred That he hath TREASONABLY ENDEAVOURED by his Words Actions and Counsels TO SUBVERT THE FUNDAMENTALL LAWS and GOVERNMENT OF ENGLAND and IRELAND and introduce an arbitrary and Tyrannical Government This the whole Parliament declared and adjudged to be High Treason in and by their Votes and a special Act of Parliament for his Attainder for which he was condemned and soon after executed on Tower-Hill as a Traytor to the King and Kingdome May 22. 1641. 10. The whole House of Commons the same Parliament impeached William Laud Arch-bishop of Canterbury of HIGH TREASON in these very terms February 6 1640. First That he hath traiterously endeavoured to subvert the Fundamental Laws and Government of this Kingdome of England and instead thereof to introduce an arbitrary and tyrannical Government against Law And he to that end hath wickedly and TRAYTEROVSLY advised his Majesty that he might at his own will and pleasure levy and take mony of his Subjects without THEIR CONSENT IN PARLIAMENT and this he affirmed was warrantable by the law of God Secondly He hath for the better accomplishment of that his Traiterous Designe advised and procured Sermons and other Discourses to be preached printed and published in which the Authority of Parliaments and the force of the Laws of this Kingdome have been denyed and absolute and unlimitted Power over the Persons and Estates of his Majesties Subjects maintained and defended not onely in the King but in himself and other Bishops against the Law Thirdly He hath by Letters Messages Threats and Promises and by divers other wayes to Judges and other Ministers of Justice interrupted perverted and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of Justice in his Majesties Courts at Westminster and other Courts TO THE SUBVERSION OF THE LAWS OF THIS KINGDOME whereby sundry of his Majesties Subjects have been stopt in their just suits deprived of their lawfull Rights and subjected to his Tyrannicall will to their ruine and destruction Fourthly That he hath traiterously endeavoured to corrupt the other Courts of Justice by advising and procuring his Majesty to sell places of Judicature and other Offices CONTRARY TO THE LAWS and CUSTOMES in that behalf Fifthly That he hath TRAITEROUSLY caused a a Book of Canons to be compiled and published without any lawfull warrant and Authority in that behalf in which pretended Canons many matters are contained contrary to the Kings Prerogative to the Fundamentall Laws and Statutes of this Realm to the Rights of Parliament to the Property and Liberty of the Subject and matters tending Sedition and of dangerous consequence and to the establishing of a vast unlawfull presumptuous power in himself and his successors c. Seventhly That he hath traiterously endeavoured to alter and subvert Gods true Religion BY LAW ESTABLISHED and instead thereof to set up Popish Religion and Idolatry And to that end hath declared and maintained in Speeches and printed Books diverse Popish Doctrines and Opinions contrary to the Articles of Religion ESTABLISHED BY LAW He hath urged and enjoyned divers Popish and Superstitious Ceremonies WITHOUT ANY WARRANT OF LAW and hath cruelly persecuted those who have opposed the same by corporal punishment and imprisonments and most unjustly vexed others who refused to conform thereunto by
later times in corrupt cowardly time-serving degenerate Lawyers and Judasses rather than Judges to the disgrace of their Profession now generally spoken against their own dishonour infamy reproach the scandall of Religion which some of them have eminently professed the prejudice and subversion of the Fundamentall Laws Liberties Rights Priviledges of our Nation Peers Parliaments and of the ancient Fundamental Government of this famous Kingdome whereof they are Members and that contrary to some of their own late Judgments sciences Consciences Votes Printed Arguments Speeches Declarations against others even in and out of Parliament and their own first Charges in their Circuits repugnant to their later 4. To instruct those Jesuited Anabaptists Levellers and their Factors especially John Canne and the rest of the Compilers Publishers Abetters of the Pamphlet intituled Leiutenant Colonel John Lilburn tried and east and other forementioned publications who professedly set themselves by Words Writings Counsels and overt Acts to subvert both our old Fundamentall with all other Laws Liberties Customs Parliaments and Government what transcendent Malefactors Traitors and Enemies they are to the publique and what Capital punishments they may incurre as well as dâ—merit should they be legally prosecuted for the same and thereupon to advise them timely to repent of and dâ—sist from such high Treasonable attempts 5. To clear both my self and this my seasonable Defence of our Fundamental Laws Liberties Government from the least suspition or shadow of Faction Sedition Treason and Emnity to the publique peace weal settlement of the Nation which those and those onely who are most factious and seditious and the greatest Enemies Traitors to the publique tranquility Weal Laws Liberties Government and establishment of our Kingdome as the premises evidence will be ready maliciously to asperse both me and it with as they have done heretofore 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 two last with all other Parliaments forecited and themselves too from which they are so much changed and degenerated of late years ere they can accuse traduce or censure me who do but barely relate apply their words and judgments in their purest times without malice or partiality for the whole Kingdomes benefit security and resettlement To these punctual full Juries of Records and Parliament Authorities in point I could accumulate Sr. Edward Cook his 3. Institutes p. 9. printed and authorised by the House of Commons speciall Order the last Parliament The severall Speeches of M. Hide M. Waller M. Pierpoint and M. 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 Diurnal Occurrences and Speeches in Parliament London 1641. p. 237 to 264. M. Samuel Browns Argument at law before the Lords and Commons at Canterburies Attainder all manifesting their endeavouring to subvert the Fundamentall Laws and Government of the Realm to be High Treason with sundry other printed Authorities to prove That we have Fundamental Laws Liberties Rights and a Fundamental Government likewise which ought not to be innovated violated or subverted upon any pretences whatsoever by any power or prevailing Faction Which Fundamental Rights Liberties Laws Sr. Thomas Fairfax and the Army under his Command by their Declaration of June 14. 1647. particularly promise and engage to assert vindicate against all arbitray power violence oppression and against all particular parties or Interests whatsoever which they may doe well to remember and make good 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 DIVERSE PERSONS who throughout these late troubles have approved themselves faithfull to the Cause and interest of God and their COUNTRY presented to the publike for the satisfaction of others Printed at London 1654. who relating the miscarriages of the last ASSEMBLY at Westminster elected nominated by the Censurers of them the Army Officers onely not the people use these expressions of them page 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 ESTABLISING NOTHING So that instead of the expected settlement they were running 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 Laws 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 quarrell with the King having been once abolished what could we have expected afterwards 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 but 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 by 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 some destroyed and blowed up Kings Peers and Parliaments themselves as well as Lawes and Parliament Priviledges of late years where they had been constantly defended vindicated preserved established in all former Ages by ALL TRVE ENGLISH PARLIAMENTS The second is The Votes of the House of Commons concerning a Paper presented to them entituled An Agreement of the people for a firm present
Revenues Inheritances Rights and Perquisits of the Crown of England originally setled thereon for the â—ase and exemption of the people from all kind of Taxes payments whatsoever unlesse in case of extraordinary necessity and for defraying all the constant ordinary expences of the Kingdome as the expences of the Kings houshold Court Officers Judges Ambassadors Guard Garrisons Navy and the like ought not to be sold alienated given away or granted from it to the prejudice of the Crown and burdenning of the people And that all Sales Alienations Gifts or Grants thereof to the empairing of the publique Revenue or prejudice of the Crown and people are void in Law and ought to be resumed and repealed by our Parliaments and Kings as they have freqeuntly been in all former ages For the Readers fuller satisfaction in each of these propositions some of which I must in the ensuing Chapter but briefly touch for brevity sake having elsewhere fully debated them in print I shall especially recommend unto him the perusall of such Tractates and Arguments formerly published wherein each of them hath been fully discussed which hee may peruse at his best leasure The First of these Fundamentalls which I intend principally to insist on is fully asserted debated confirmed by 13. H. 4. f. 14. By Fortescue Lord Chief Justice and Chancellor of England de Laudibus Legum Angliae dedicated by him to King Henry the 6. f. 25. c. 36. By a Learned and necessary Argument against Impositions in the Parliament of 7. Jacobi by a late reverend Judge Printed at London 1641. By Mr. William Hakewell in his Liberty of the Subject against Impositions maintained in an Argument in the Parliament of 7 Jacobi Printed at London 1641. By Judge Crooks and Judge Huttons Arguments concerning Ship-mony both Printed at London 1641. By the Case of Ship-mony briefly discussed London 1640. By M. St. Johns Argument and Speech against Ship-mony Printed at London 1641. By Sir Edward Cook in his 2 Institutes p. 46. and 57. to 64. and 528 to 537. By the first and second Remonstrance of the Lords Commons in Parliament against the Commission of Array Exact Collection p. 386. to 398. and 850. to 890. and by my own Humble Remonstrance against Ship-mony London 1643. The Fourth part of the Sovereign Power of Parliaments and Kingdomes p. 14. to 26. my Legall Vindication of the Liberties of England against Illegall Taxes c. London 1649. and by the Records and Statutes cited in the ensuing Chapter referring for the most part to the first Proposition The second third and fourth of them are largely debated and confirmed by a Conference desired by the Lords and had by a Committee of both Houses concerning the Rights and Priviledges of the Subject 3 Aprilis 4 Caroli Printed at London 1642. By Sir Edward Cook in his Institutes on Magna charta c. 29. p. 45. to 57. By the first second Remonstrance of the Lords and Commons against the Commission of Array Exact Collection p. 386. and 850. to 890. By Judge Crooks and Judge Huttons Arguments against Ship-mony By Sir Robert Cotton his Posthuma p. 222. to 269. By my Breviate of the Prelates Encroachments on the Kings Prerogative and the Subjects Liberties p. 138. my New Discovery of the Prelates Tyranny p. 137. to 183. and some of the ensuing Statutes and records ch 3. See 1 H. 4. rot Parl. n. 22 23 24 26 28 43 44 47. The Fift and Sixt of them are fully cleared vindicated in and by the Prologues of all our Councills Statutes Laws before and since the Conquest By 1. H. 4. Rot. Parl. n. 33 34 36. an excellent full president Sir Edward Cooks 4 Institutes ch 1. Mr. Cromptons Iurisdiction of Courts Title High Court of Parliament Mr. St. Johns speech against the Ship-mony Judges p. 32 33. my Plea for the Lords my Levellers levelled my Ardua Regni my Epistle before my Speech in Parliament my Memento my Sovereign Power of Parliaments and Kingdomes part 1 2 3 4. my Legal Vindication against illegal Taxes and pretended Acts of Parliament London 1649. Prynnethe Member reconciled to Prynne the Barâ—ester Printed the same year My Historical Collection of the Ancient great Councils and Parliaments of England London 1649. My Truth triumphing over Falshood Antiquity over Novelâ—y London 1645. 3 E. 1. c. 5 4 E. 3. c. 14. 36 E. 3. c. 10. 1 H. 4. c. 3 4. 5 R. 2. Stat. 2. c. 4. Rastal tit Parliament 1 H. 4. Rot. Parl. n. 21. 22. 48. 70. 31 H. 6. c. 1. 39 H. 6. c. 1. Rot. Parl. n. 8. 17 E. 4. c. 7. expresse in point and some of the Records hereafter transcribed In this I shall be more sparing because so fully confirmed in these and other Treatises The Seventh is ratified by Sir Edward Cooks 1. Institutes p. 97 98. 4 Institutes p. 89. and 5. report Cawdries case of the Kings Ecclesiasticall Laws Rastals Abridgement of Statutes Tit Provisors Praemunire Rome and other Records and Statutes in the ensuing Chapter The Eight is verified by the Statutes quoted in the Margin to it and by other Records in the third Chapter The Ninth and Tenth are fully debated in my Soveraign Power of Parliaments and Kingdomes par 2. p. 3. to 34. part 4. p. 1. to 13. and 162. to 170. touched in Sir Robert Cottons Posthuma p. 174. 179. confirmed by sundry Presidents in the next Chapter by 1 H. 4. Rot. Parl. n 32. How all and every of these Fundamentall Liberties Rights Franchises Laws have been unparalledly violated subverted in all and every particular of late years beyond all Presidents in the worst of former ages even by their greatest pretended Propugners their own Printed Edicts Instruments Ordinances Papers together with their illegall Oppressions Taxes Excises Imposts Sequestrations Rapines Violences unjust Proceedings of all kinds will sufficiently evidence if compared with the premised Propositions Not to insist on any fore-past illegall Imposts Taxes Excises under which the nation lately groaned imposed on us by unparliamentary Junctoes or the Army Officers alone from Anno 1648 to 1653. without any real Parliament by their own armed Iurisdiction I shall here instance onyl in 3. or 4 particulars relating wholly to the First Proposition being of most generall greatest present and future concernment of all other to the whole English Nation at this very instant most intollerably oppressed grieved by them directly sweeping away all their Fundamentall Right of Property and consequentially all their Liberty of person Laws Charters at once and that in perpetuity beyond all hopes of Future redemption if not timely prevented by the Vniversality Body of the Realm or their Trustees The first of them is the present imposition and continuance of the strange oppressive monstrous general high Tax of EXCISE imposed on most native and forreign Commodities throughout England and its Dominions which as it was a meer Stranger to all our Ancestors and those now living till within these few years so it was
PREJVDICIAL TO THE REALM and VERY BVRDENSOME TO THE PEOPLE and specially TO GRANT TO THE SAID KING A SUBSIDY FOR CERTAIN YEARS TO THE OPPRESSING OF His People overmuch That although the Lands and Tenements Goods and Chattels of every Freeman by the Laws of the Realm used in all former ages past ought not to be seized unless they had forfeited Yet notwithstanding the said King purposing endeavouring to enervate these Laws in the presence of very many of the Lords and Commons of this Realm frequently said and affirmed That the Life Lands Tenements Goods and Chattles of every one of his Subjects are at his will and pleasure without any Forfeiture by the known Laws which is altogether contrary to the Laws customs of the Realm aforesaid Whether all these high Misdemeanors charged against King Richard have not been revived and acted over and over both by words and deeds in a farre higher degree than ever he was guilty of them by some late present Whitehall Grandees Army-Officers New Instrument-makers Legitors and Imposers of Excises Customs Imposts Tonnage Poundage Contributions for many years yet to come and of that constant Annual Revenue projected intended by them in their 27 Article I remit to their own judgements consciences and our whole Kingdom to resolve and what they demerit for such extravagant high offences for which he lost Crown and Regal power let others determine The 3. particular is their late incumbent Imposition of 6. Moneths new Contribution by a meer Self-enacted Whitchall Jurisdiction without any consent grant in or by the People in Parliament by that they intitle An Ordinance of the 8. of â—une 1654. beginning thus in a most imperial Stile transcending all former Acts of Parliament granting or imposing any Subsidies without any Prologue to sweeten it or court the people to its ready payment Be it Ordained and Enacted by his Highness the Lord Protector with the consent of his Council and it is hereby Ordained That towards the maintenance of the Armies and Navies of this Commonwealth An Assessement of one Hundred and Twenty Thousand Pounds per Mensem for Three Monethe commencing the 24 of Iune 1654 and ending the 29 of Sept. following shall be Taxed Levied Collected and Paid in England and Wales in such sort as is hereafter expressed The full sum of the said Three Months Assessment of One hundred and twenty thousand pounds by the Month to be at once wholly collected and paid in to the Receivers Generall at or before the tenth day of October next c. The Levying thereof upon the refusers hath been by distress of Goods by Souldiers Troopers and quartering them on the refusers till payment and double the value many times paid to and exacted by the Souldiers for their pains adjudged even by some of our New Grandees Votes who prescribe such Taxes and wayes of levying them to be No less then High Treason and levying Warre in Straffords case for which principally he was condemned and lost his head on Tower Hill as a Traytor In this New Whitehall Tax without a Parliament intended as a leading President to bind the whole Nation in perpetuity if now submitted to as the 27 Article intimates there is a double violation subversion of the Fundamental Laws and Properties of the Nation in the Highest degree The first is by the reviving imposing of Ship-mony on the whole Realm and all Inland Counties as well as Maritine for the Maintenance of the Navies by Sea which should be maintained only by the Customs and that in a farre higher proportion than the Shipmony imposed by Writs by our late beheaded King amounting to no less than Forty thousand pounds per Mensem at last by way of Contribution alone besides the Customs Tonnage Poundage and Excise paid towards it This Imposition of Shipmony by the late King though ratified with the advise and consent of his Council many colourable Presidents Records in all former ages and the precedent Resolution of all his Iudges under their hands as just and legally imposed in case of Necessity and Publike danger only without consent in Parliament together with the Iudgement and Proceedings of the Iudges in the Eschequer Chamber in justification thereof were in the last Parliament after solemne debate by the Votes and Iudgements of both Houses on the 20. Ian. and 26 February resolved Nemine contradicentâ— To be contrary to the Laws and Statutes of this Realm contrary to the Rights and Properties of the Subjects of this Realm contrary to former Iudgements in Parliament contrary to the great Charter and to the Petition of Right and voted to be so declared by the Iudges at the Assizes in the severall Counties the same to be entred and inrolled in the severall Counties by the Clerks of the Assises After which it was for ever damned by a special Act of Parliament to which the King himself gave his Royal assent afterwards cited and enforced by both Houses Exact Collection p. 886. 887. in the case of the Array And those Iudges who argued That the King might lawfully impose Shipmony on the Subjects without a Parliament in cases of Danger and Necessity of which they affirmed him to be the sole Iudge were by all impeached by the House of Commons of High Treason for these Opinions of theirs whereby they trayterously and wickedly endeavoured to subvert The Fundamental Laws and established Government of the Realm of England and instead thereof to set up an Arbitrary and Tyrannical Government against Law of which at large before How any present Powers or Persons then can either impose justify levy enforce it upon any Pretext of Necessity or publique Danger on the whole Nation after all these late Resolutions Iudgements Votes Impeachments and a special Act of Parliament so fresh in memory especially such who were parties to them without incurring the self-same Impeachments and guilt as these Ship-mony Iudges did or a severer Censure then they sustained let their own Conscsences and those who may onâ— day prove their Iudges resolve them at leasure being past my skill to doe it The 2. is By the imposing of a direct heavy Tax Tallage and Monthly contrâ—bution and that only for the Maintenance of such a Land Army which hath offered force unto the Members of both Houses subverted destroyed that Parliament Government Laws Libertie for whose preservation they were specially raised Commissioned engaged without yea against the Peoples assent in Parliament which no King of England with the advice and consent of his Council had ever any Right or Power to doe or audacity enough to attempt no not William the Conqueror Câ—nute Henry the 4th Edward the 4th or Henry the 7th who came principally by power of the Sword to their Soveraign Regall Authorities By what Justice Power Legal Right any other person or persons whatsoever who are neither rightfull Kings nor Parliaments of England in their own or others repute can either impose levy exact such
these words That the raising of Money for defraying the charges of present extraordinary Forces both by Land and Sea in respect of the present warrs shall be by consent of Parliament Save only that the Lord Protector with the consent of the Major part of the Councel for preventing the disorders and dangers which may otherwise fall out both at Sea and Land shall have power until the Meeting of the first Parliament on the 3. September 1654. to raise Monies for the purposes aforesaid The former part of this Article is consonant to and expounded by the 6. forecited which is more generall and the plain sense thereof is this That all monies raised for defraying the Extraordinary Forces both by Land and Sea exceeding the antient standing Garrisons Guards maintained by the old constant Revenues of the Crown without any Tax upon the People shall be by consent of parliament Therefore a fortiori all perpetual standing Taxes Excises Contributions to maintain the ordinary and extraordinary Forces by Land or Sea and ordinary expences of the Government which in respect of their constancy permanency are far more grievous dangerous to the Subject than rare extraordinary ones upon emergent occasions must and ought not to be imposed by their new created Power out of Parliament after the 3 of September It any here object That the latter clause of the 30 Article Save only c. Authorized those at Whitehall without a Parliament to impose Excises Taxes Customs Impositions Contributions forementioned and any other constant annual Revenue they shall settle according to the 27 Article so as it be done before September 3. 1654. Therefore they are all lawfull because imposed before that time by their printed Ordinances forecited I Answer 1. That this saving is utterly void in law to all intents 1. Because it is not only contrary to all our Fundamental Laws Great Charters Statutes but repugnant to the body of the 6 Article and first part of the 30 to which it is annexed 2. Because it assigns the Legislative Tax-imposing Power the inseparable incommunicable Iurisdiction of our Parliaments alone to a new Whitehall Councel by a void instrument made out of Parliament for a certain time which biggest Soveraign power the Parliament it self neither legally may nor can nor ought to transfer by any Ordinance or Act of Parliament to any Committee of their own Members no not for a moment as is both resolved and declared by Act of Parliament 1 H. 4. c. 3. and Rot. Parl. 1 H. 4. n. 26 48 6 6 70. 31 H. 8. c. 8. 34 H. 8. c. 23. and 1. E. 6. c. 12. it being derogatory and destructive to the free State power Rights of Parliaments tending to the great incommodity of the whole Realm and of pernicious example to Posterity as the whole Parliament of 1. H. 4 long since resolved in positive termes 2ly This saving is just like the Popes old Detestable Non Obstante at the close of their Bulls quae omnem subvertit praehabitam Justitiam which subverted all the Justice and Privileges granted before to any in the Body of those Bulls and as pernicious as that Proviso which the House of Lords desired at first to have inserted into the Petition of Right which would have made it Felo de se because it insinuated that the King by his Soveraign power where with the Law had intrusted him for the protection safety and happinesse of his People might impose any Aid Tax Tallage or charge upon his People without a Parliament though by his ordinary power he could not do it which had left the Subjects in worse case than it found them and wholly destructive to it self in all the parts thereof whereupon after a conference had concerning it by the Commons it was totally rejected by both Houses as this Salvo must be for the self same reason 3ly Admit it valid yet it gives power to them to raise moneys for the maintenance by Land and Sea only until September 3. 1654. and no longer as is evident by the very words themselves and the Confession Exposition of those who made the Instrument as most suppose in their True State of the Case of the Commonwealth of England c. 1654. p. 39. 40. in these words This power is to continue only til the sitting of the next Parliament Yea George Smith in his new Treatise intituled Gods unchangeablenesse c. in justification of the present Governour and Government p. 54. writes thus And for his seeking to have power to make Laws and raise monâ—ys it is meer calumniation He seeks it not He claimes it not but leaves it to the wisdom of Parliament as appears in Artiole 6. as is thus excepted for and in Cases of safety and necessity till the time that this present Parliament was assembled and yet to be done by him with the advice of his Council so then he seeks not the strength nor treasure of the Nation nor to have it in his own power Therefore they can impose no Taxes Excises nor Contributions by their printed Ordinances to continue after its beginning nor by any future Ordinances as they term them after that time Now the first Tax of Excise forementioned is imposed till the 26 of March 1655 which is 7 months after the 3 of September 1654. The 2 of Customs Tonnage and Poundage is continued til the 26 of March 1658 which is 3 years and 7 months after this 3 of September And the 3 for the 6 Months Contribution reacheth till the 29 of December 1654 which is near full 4 Months after the first sitting of that their next Parliament And any constant yearly Revenue setled by them will far exceed this limited time and all former Taxes Therefore all these premised and all other future Excises Customs Impost Contributions by pretended Ordinances for their levying after the 3 of September exceeding the power and time limited by this Saving must be void and no ways warranted by the very Saving it self and to be opposed as such 4ly To say That although these several impositions continue after the 3 of September 1654 yet they were imposed by their Printed Ordinances before it therefore within this Saving is a most absurd excuse and shift repugnant to the words yea wholly destructive to the 6 Article and first part of the 30 For by this reason had their forecited Ordinances or any other dormant or future Antedated ones yet unpublished imposed Excises Customs Tonnage Poundage Contributions on us for twenty fifty an hundred or a thousand years yet to come before the 3. of September they must have been binding to us and our Posterities during all that space and unavoidable by the people or future Parliaments by this Saving and exposition of it But the words of this Saving giving only Power to raise Monies until the Méeting of the first Parliament not to make New Edicts any time before it to impose and continue Taxes for any time or years after
there is a Paper wherein these words are engraven Ego sicut Oliva fructifera in domo Dei taken out of Ps 52. 8. which pourtraictures they then printed and published to the world wherein they set forth the number of their Colledges and Seminaries to be no less then 777. increased to 155 more by the yeer 1640. in all 932. as they published in like Pictures Pageants printed at Antwerp 1640. Besides sundry New Colledges and Seminaries erected since In these Colledges and Seminaries of theirs they had then as they print 15591 Fellews of their Society of Jesus besides the Novices Scholars and Lay-brethren of their Order amounting to neer ten times that number So infinitely did this evil weed grow and spread it self within one hundred yeers after its first planting And which is most observable of these Colledges and Seminaries they reckoned then no less then 15 secret ones IN PROVINCIA ANGLICANA in the Province of ENGLAND where were 267 SOCII or Fellows of that Society besides 4 COLLEDGES OF ENGLISH JESUITES ELSEWHERE In IRELAND and elsewhere 8 Colledges of IRISH JESUITES and in SCOTLAND and otherwhere 2 Residencies of SCOTTISH JESUITES What the chief imployments of Ignatius and his numerous swarms of Disciples are in the World his own Society at the time of his Canonization for a Romish Saint sufficiently discovered in their painted Pageants then shewed to the people wherein they pourtraied this new Saint holding the whole world in his hand and fire streaming out forth of his heart rather to set the whole world on fire by Combustions Wars Treasons Powder-plots Schismes new State and old Church-Heresies then to enlighten it with this Motto VENI IGNEM MITTFRE I came to send fire into the World which the University of Cracow in Poland objected amongst other Articles against them Anno 1622. and Alphonsus de Vargas more largly insisteth on in his Relatio de Stratagematis Sophismatis Politicis Jesuitarum c. An. 1641. c. 7 8 24. Their number being so infinite and the Pope and Spaniard too having long since by Campanella's advice erected many Colledges in Rome Italy Spain the Netherlands and elsewhere for English Scottish Irish Jesuites as well as for such secular Priests Friers Nuns of purpose to promote their designs against the Protestant Princes Realms Churches Parliaments of England Scotland Ireland to reduce them under their long prosecuted UNIVERSAL MONARCHY over them by Fraud Policy Treason intestine Divisions and Wars being unable to effect it by their own Power no doubt of late yeers many hundreds if not thousands of this Society have crept into England Scotland and Ireland lurking under several disguises yea an whole Colledge of them sate weekly in counsel in or neer Westminster some few yeers since under Conne the Popes Nuntio on purpose to embroyle England and Scotland in bloody civil wars therby to endanger shake subvert these Realms and destroy the late King as you may read at large in my Romes Master-piece published by the Commons special Order An. 1643. who occasioned excited fomâ—nted the first and second intended but happily prevented wars between England and Scotland and after that the unhappy Differences Wars between the King Parliament and our three Protestant Kingdoms to bring them to utter desolation and extirpate our reformed Religion The Kings Forces in which many of them were Souldiers after some yeers wars being defeated thereupon their Father Ignatius being a SOULDIER and they his Military sons not a few of them secretly insinuated themselves as Souldiers into the Parliaments Army and Forces as they had formerly done into the Kings where they so cunningly acted their parts as extraordinary illuminates gifted brethren and grand States-men that they soon leavened many of the Officers Troopers and common Souldiers with their dangerous Jesuitical State-politicks and Practises put them upon sundry strange designs to new-mould the old Monarchical Government Parliaments Church Ministers Laws of England erecting a New General Councel of Army-Officers and Agitators for that purpose acting more like a Parliament and Supream Dictators then Souldiers And at last instigated the Army by open force against their Commissions Duties Oaths Protestations and Solemn League Covenant to Impeach imprison seclude first eleveÌ„ Commoners then some six or seven Lords after that to secure seclude the Majority of the Commons House suppress the whole House of Lords destroy the King Parliament Government Priviledges Liberties of the Kingdom Nation for whose defence they were first raised which by no other adverse power they could effect This produced new bloody divisions animosities wars in and between our three Protestant Realms and Nations after with our Protestant Allies of the Netherlands Campanella's express old projected Plots to subject us both to the Popes and Spaniards Monarchies effected by the Spaniards Gold and Agents with sundry heavy Monthly Taxes Excises Oppressions Sales of the Churches Crowns and of many Nobles and Gentlemens Lands and Estates to their undoing our whole Nations impoverishing and discontent an infinite profuse expence of Treasure of Protestant blood both by Land and Sea decay of Trade with other sad effects in all our three Kingdoms yea sundry successive New changes of our publick Government made by the Army-Officers who are still ringing the changes according to Campanela's and Parsons Platforms So that if Fire may be certainly discerned by the smoke or the Tree commonly known by its Fruits as the Truth it self resolves Matth. 12. 33. we may truly cry out to all our Rulers as the Jews did once to the Rulers of Thessalonica in another case Act. 17. 6. THOSE Jesuites WHO HAVE TURNED THE WORLD UPSIDE DOWN ARE COME HITHER ALSO and have turned our Kingdoms Kings Peers Monarchy Parliaments Government Laws Liberties yea our very Church and Religion too in a great measure UPSIDE DOWNE even by those very Persons who were purposely raised commissiond waged engaged by Protestations Covenanes Vows Oathes Laws Allegiance and Duty to protect them from these Jesuitical Innovations and subversions And those Jesuites Spanish Romish Agents who have so far seduced so deeply engaged them contrary to all these Obligations and to their own former printed Engagements Remonstrances Representations Proposals Desires and RESOLUTIONS for setling this Nation in its just Rights the Parliament in their just Priviledges and the Subjects in their Liberties and Freedoms published to all the World in the name of Sir Thomas Fairfax THE ARMY AND THE GENERAL COUNCEL OF THE ARMY none Volume London 1647. which they may do well to peruse yea against the Votes Intreaties Desires Advices of both Houses of Parliament the Generality of the good Ministers people of the three whole Kingdoms and their wisest best affected Protestant Friends who commissioned raised paid assisted them for far other ends O whether may they will they not in all humane probability rashly blindly suriously henceforth lead drive precipitate them to our whole three Kingdoms Churches Parliaments
universal liberty of exercising their Popish Religion throughout his Realms and Dominions and then to train up his Son under them in the Popish Religion To which not onely heretofore but now likewise they strenuously endeavour by all possible means to seduce him as appears more especially by Monsieur Militiere his late book dedicated to Him for that purpose to invite him to the Roman Catholick Faith Surely all these premised instances compared together and with that memorable passage of the English Jesuite Campian in his Concertatio Ecclesiae Catholicae or Epistle to Queen Elizabeths Councel Treviris 1583. p. 22. Velim sciatis quod ad Societatem nostram attinet omnes nos qui per totum Orbeni longe lateque diffusi sunt quarum est continua successio magnus numerus Sanctum foedus infisse nec quamdiu unus nostrum supererit studium consilia nostra intermissuros ad Reges Hereticos quovis modo tollendos as Hospinian relates and expounds his words and meaning Religionem vestram extingâ—ere Iampridem jacta est ratio inchoatum certamen nulla vis nullus Anglorum impetus superabit so as to hinder this their holy League and Covenant long since entred into To destroy take out of the way ruine all Protestant Kings throughout the World under the Notion of Hereticks by any means whatsoever and the Protestant Religion togetherwith them With a Copy of a Letter sent by an Independent Agent from Paris some few weeks before the Kings removal from the Isle of Weight by the Army-Officers declaring the Jesuites implacable Enmity to the King and to hereditary Monarchy throughout the World And an Express sent from Paris to the King himself some three dayes before his seisure and translation from Weight to this effect as I have heard from persons of Honour That the Jesuites at a general meeting in France had resolved by the power of their friends in England to seise on his Majesty bring him to justice and cut off his head because he had contrary to their expectation closed with the Parliament consented to the abolishing of Episcopacy and to five new Bills against Jesuites Popish Priests Mass Popery and all Popish Ceremonies in the last Treaty and advising Him to prepare for this new storm which within few days after fell upon him will sufficiently inform the world that the late unparallel'd capital proceedings against our Protestant King contrary to the Votes of both Houses of Parliament the Parliament Members Peers House and forced dissolved late Parliament too proceeded not from the Principles of our reformed Protestant Religion as this Monsieur in his printed Pamphlet would make his Reader the youg King to whom he dedicates it and all the World believe but from the Popes and Jesuites forecited Treasonable Opinions seconded with their clandestine Sollicitations and Practises and that they with some French Cardinals Jesuites as well as Spanish and English then present in England to promote their Designes were the chief original Contrivers Promoters of them whoever were the immediate visible Instruments as I have elsewhere more fully demonstrated for the wiping off this Scandal from our reformed Religion the sincere Professors of it who both abominated and protested against it in print 〈◊〉 Radolphus Hospinian in his excellent Historia Jesuitica l. 4. f. 244 245. reckons up these three prime causes of the Jesuites Regicides other Notorious Treasons The first is that blinde Obedience which they vow to their Superiours to execute with great celerity spiritual joy and perseverance whatever their Superiours shall enjoyne them by being perswaded That all their Cemmands are Iust to them by renouncing their own Opinion and Iudgement with a certain Blinde Obedience and by believing that those who live under Obedience are carried and governed by Divine Providence a word now most in use with our Army-Saints and Souldiers wholly infected with this Jesuitical Doctrine of Obedience by their Superiors whithersoever they shall suffer themselves to be carried or in what sort soever they shall be dealt with by them like a staffe in the hand of a man which readily obeys him that holds it wheresoever and in what thing soever he will please to use it especially when backed with a pretext of Necessity Religions Safety Publick Good Exemplary Justice and promoting the common Cause for which their Society was first instituted 2. That they hold themselves obliged to no Kings Princes or Civil Magistrates by any Oath of Allegiance but onely to the Pope and their Generals and therefore think themselves free and unable to commit any Treason at all against them although at the Popes and â—heir Superiours commands they still rise up against murder â—stroy them 3. That they deem those Kings Princes which the Pope and Jesuites or other learned men of their Religion or the common people shall deem Hereticks to be thereby wholly made uncapable of any Empires Kingdoms or Principalities or any other civil Diguity yea to be accursed Tyrants unworthy of the name of Kings that thereby their Subjects are totally absolved from the bond of Allegiance to them and that thereupon it is lawful to kill and destroy them and the murders of such are meritorious Now that these three Jesuitical Grounds and Principles infused into our Army-Officers and Souldiers by the Jesuites and their Instruments of late yeers against their Primitive Orthodox Positions Protestations Declarations Oaths Covenants Engagements backed with secret Avarice Ambition and Self-ends were the principal impulsive Causes of all the extravagant violent Proceedings both against the late King and Parliament not the loyal Principles of the Protestant Religion is apparent unto all the World by the Armies own Declarations of Nov. 16. and Decemb. 7. 1648. Their True State of the Commonwealth of England c. 1654. and other Pamphlets for their justification which all true Protestants blush at 〈◊〉 3. That the Jesuites ever since the Establishment of their Military Order under Ignatius their Martial General have been the principal Firebrands Bellows Instruments of kindling somenting raising continuing all the publick commotions wars seditions and bloody fewds that have happened in or between any Kings Kingdoms States Princes Soveraigns or Subjects throughout the Christians world and more particularly of all the Civil commotions wars in France Germany Transylvania Bohemia Hungary Russia Poland England Scotland and Ireland to the effusion of whole Oceans of Christian blood which one poetically thus expresseth Quicquid in Orbe mali passim Peccante Gradido est Quicquid turbarum tempora nostra vident Cuncta Sodalitio mentito Nomine Jesu Accepta Historiâ teste referre licet Itâ— modò vestrae celebrate Encaenia Sectae Militis inventum Loiolana cohors Yea it is well worthy observation what Jacobus Crucius a Jesuite Rector of the Jesuites Novices at Landsberge presumed to publish in his Explication of the Rules of the Jesuites Anno 1584. in these words The Father
Church Religion then to follow the Advice Votes Councels Directions Commands of our Parliaments Kingdomes and the best affected Protestants of all ranks who first raised and have so long maintained them for quite other ends hereafter touched then what they of late times have most pursued to the Popes and Jesuits great content 5. That the Jesuits have endeavoured attempted the convulsion concussion subversion not onely of the Empires Realms and ancient setled Governments and States of Germany Russia Bohemia Hungaria France Poland but likewise of England Scotland and Ireland and to new model them into other Forms of Government What mould of Government they intended to cast England into is thus long since described by William Watson a secular Priest in his Quodlibets Anno 1602. page 309 310 330 331. England is the main chance of Christendome at this present by seditions factions tampering and aspiring Heads the onely But Mark White the Jesuits aym at as well in intention as execution of their pretended expedition exploit and action I am of opinion that no man on earth can tell what Government it is they intend to establish ratifie and confirm when they come to their preconceited Monarchy no not any of their Plot casters No question it is but their Government shall be as uncertain as their New conceited Monarchy their Monarchy as mutable as their Reign and their Reign as variable as the Winde or Proteus in his Complements But no question is to be made of it but that the Government they do directly intend at this present is A MOST ABSOLUTE SOVERAIGNTY DOMINION AND STATE CLEARLY EXEMPTED from any subordination TO ANY LAW or Legifer divine or humane and therefore it is rightly called DESPOTICON in the highest degree of exemplary immuniâ—le IMPERIALITY AND ABSOLUTE REIGN RULE AND AUTHORITY as containing in it three sorts of Government Sâ—il Monarchical Aristocraticall Democraticall in matters of Counsell and mannaging of Common wealths causes not in point OF REGALITY HONOUR AND INHERITANCE For there shall be neither Title nor Name nor Honour given taken or done to any Prince Duke Marquesse Earl Viscount Lord Baron or the like all the Jesuitical Governours being Puritan like Seniours Elders Provincials c. neither shall there be any successions by Birth or blood TO ANY HONOUR OFFICE OR MAGISTRACY from the Monarch Pater General to the Minor Pâ—ter Minister but ALL SHALL GO BY ELECTION OR CHOICE Whether our late and present variable floating New moulded Governments have not been cast by this long since predicted Jesuiticall Mould let wise men with all our late yea present Governours now sadly consider and determine 6. That the Jesuits in a publique Disputation held at Madrid published by them under this Title Conclusiones Politicae sub Regis Domini nostri praesidio instructed the King of Spain their Chief Protector whom they most extoll above all other Kings to promote both his universall Monarchy and their own thereby That in relation to his Empire Power was necessary which power they defined to be A faculty not onely of retaining the Kingdomes he already possessed but likewise of acquiring other mens Perswading him by this Doctrine to believe That he was therefore consecrated a Catholike King by God that he might enjoy a faculty not onely of keeping his own but also OF INVADING AND SEISING UPON OTHER MENS DOMINIONS For to retain ones own was the praise onely of a private family DE ALIENIS CERTARE REGIA LAUS EST but it was a Royall praise to fight for that which is other mens NEC REGNANDI CAUSA JUS VIOLARE CRIMEN EST DUM CAETERIS REBUS PIETAS COLATUR Neither is it a Crime to violate Law or Right to reign or gain a Crown whiles that Piety in other things shall be observed Which Jesuitical Machivilian unrighteous Doctrine though as Alphonsus Vargas a Spanish Popish Priest resolves it be diametrically contrary to the doctrine of our Lord Jesus himself instructing men that aliena obtinere non Potentis Principis SED IMPOTENTIS AC VIOLENTI PRAEDONIS EST Yet the Jesuites and their Instruments of late years have sufficiently propagated it amongst our English Grandees and Army-Saints for a most sacred Oracle as their violent invasions of other mens Realms Powers Offices Pallaces Lands Estates and Possessions of all kindes by meer armed power and might demonstrate beyond contradiction 7. That the Jesuites in their Book De Zelo S. Ignatii in Religione sua instituenda printed at Madrid p. 13 do glory Hoc Societatis proprium esse ut quotidie novâ—â— promat inventiones quibus homines ad Deum perducantur That this is the property of their Society that it DAILY BRINGS FORTH NEW INVENTIONS whereby men may be brought home to God that is to their Religion and Society the principle whereof they and Vargas record to be these Their perswading of men to embrace the Gospel by AN ARMY the use of ARMES Power Terrour Fire Their Exercise of Merchandize which many of them in most places in England too now use they being very great Merchants Factors and Returners of Moneys by Bils of Exchange and of all other Secular Imployments Callings in Lay-mens habits the more easily to insinuate themselves into all Countries Places Companies and Societies of men to infect seduce and discover their secrets according to this their received Maxime JESUITA EST OMNIS HOMO a Jesuit is every man that is a man of all Professions Callings Sects Religions to effect his ends Their questioning traducing oppugning censuring of all the Articles of the Apostles Creed and received Principles Doctrines of Christian Religion corrupting slighting falsifying the Scriptures themselves together with Councils Fathers Schoolmen and all other Divines but those onely of their own Order which they incomparably extoll above and prefer before all other Their venting of new Opinions Notions Revelations Exposâ—â—ions Crochets Herefies Problems both in Divinity itself and all other Arts and Sciences in the Presse Pulpit Universities Schools And if these as Vargas assures us be their properties and new inventions to propagate the Gospel and draw men unto God which our Lord Jesus himself and his true Disciples were wholy ignorant of may we not certainly conclude that they have of late years been extraordinary busie at this their harvest work amongst us and more especially in spreading their Gospel by AN ARMY and taking upon them the use of Arms in 〈◊〉 of their Military Father Ignatius with all other secular Imployments and New Sects to draw Proselites and new separate Congregations to them throughout our Realms to destroy both our Church Discipline and Religion as well as our Civill Government and Laws 8. That as the whole House of Commons in their Remonstrance of 15. December 1641. charge the Jesuites and late Jesuited Court-Counsellors with a Malignant and pernicious designe of SUBVERTING THE FUNDAMENTAL LAWS and Principles of Government upon which the Religion and Justice of the
more than the Power of the Parliament of the Commonwealth of England together with the transcendent ambitious Title of The Supream Authority of the Nation in derogation of the Army Officers Supremacy who sufficiently chastised them for this strange Usurpation who have made it their chief businesse not only to New-model our ancient Fundamental Government Parliaments Ministry Ministers maintenance by Glebes Tithes and our Universities much according to Parsons and his Fellow Jesuites forementioned Plat-formes and Thomas Campanella his Instructions to the King of Spain De Monarchia Hisp. c. 25. but likewise to New-mould subvert eradicate the whole Body of our municipal Laws and with them the great Charter of our Liberties it self And in their last casâ—iered unelected Convention as some of their Companions now in greatest Power assure us in their True State of the Case of the Commonwealth of England c. London 1654. p. 5 16 17 18. there was a strong prevailing party whom nothing would satisfie but A Total Eradication of the whole body of the good old Laws of England the Guardians of our Lives and Fortunes to the utter subversion of civil Right and Propriety who likewise took upon them by vertue of a supposed right of Saintship in themselves to lay the foundation of a new Platform which was to go under the Name of A Fift Monarchy never to have an end but To war withall other powers and break them to pieces baptizing all their proselites into this Principle and perswasion that the Powers formerly in being were branches of the Fourth Monarchy of England Scotland and Ireland which must be rooted up and destroyed And what other Fifth Monarchy this could be but that projected universal Monarchy of the Iesuites which would bring the whole Monarchy of Great Britain and Ireland together with France Spain and all other Princes States in Christendome under the â—esuites subjection and break all other powers in pieces mentioned by Watson in his Quodlibets p. 306 to 333. and Alphonsus de Vargas Relatio de Stratagematis Sophismatis Politicis societatis Iesu Ad Monarchiam orbis terrarum sibi conficiendam c. 8. c. or else that Elective New Monarchy of Great Britain and Ireland projected by Campanella and Cardinal Richelieu which some Grandees now endeavour by their Instrument to erect and perpetuate for ever without alteration in themselves and their Successors though they thus expresly brand it in others let themselves and wise men resolve it being apparent by the practises and proceedings of all the Propugners of this new Project that this Fifth Monarchy they intend to erect is neither the spiritual Kingdom of Iesus Christ in their own hearts mortifying their ambitioÌ„ covetousness pride self-seeking unrighteousness violence rapines other worldly lusts nor the personal reign of Christ himself alone in and over our 3 Kingdoms and all other Nations for ever depriving all Temporal Kings and Princes of their Crowns Rights and Government over their Subjects which they falsly endeavour to evince from Dan. 2. 44 45 c. 7. 14 27. Micah 4. 1 2 7. Luke 1. 32 33. Rev. 20. 1. to 8. 1 Cor. 15. 24 25. Heb. 12. 26 27 28. but a meer supream arbitrary temporal Authority without Bounds or Limits encroached by and erected in themselves and their confederates without any colour of Right or Title by the Laws of God or the Realm and no ways intended but refuted by all these sacred Scriptures others which explain them This design of the Jesuites to alter and subvert the whole body of our Laws was so far promoted by the Iesuitical and Anabaptistical party in this last Assembly elected only by the Army-Officers that on Aug. 20. 1653. as our News-books print they Ordered there should be a Committee selected to consider of a A new Body of the Law for the Government of this Commonwealth who were to new-mould The whole Body of the Law according to Parsons his mould And hereupon our cheating Astrologers especially Lilly Culpeper the Iesuites grand Factors to cry down our Laws Tithes Ministers from the meer visible earthly Conjunctions Votes Motions Influences of these New wandring excentrick Planets at Westminster only not of any Coelestial Stars as they would make Country-Clowns believe alwayes moving and acting themselves by an unalterable Law from the very Creation until now Gen. 1. 14. to 19. c. 8. 22. Psal 104. 19. Psal 136. 8. 9. Ier. 31. 35 36. c. 33. 20 21. Iob 38. 32 33. therefore no ways exciting men to alter Fundamental Laws and Governments here on earth took upon them in their Monthly Prognostications for this year 1654. versity College Lands by Monthly endless Taxes Excises a perpetual Law Tith-oppugning Parliament-dissolving Army in whose Councels we have cause to fear the Iesuites have been most predominant of late years and will still make use of them to our final ruine if not effectually purged out and the Army new moulded new principled if any longer continued under pretext of publick safety and not wholy disbanded for the peoples ease and Liberty It is worthy observation that Tho. Campanella prescribed the sowing and continual nourishing of Divisions Dissentions Discords Sects and Schisms among us both in State and Church by the Machivilian Plots and Policies he suggests punctually prosecuted among us of late years as the principal means to weaken ruine both our Nation and Religion and bring us under the Spanish and Popish yokes at last witness his IAMVERO AD ENERVANDOS ANGLOS NIHIL TAM CONDUCIT QUAM DISSENTIO ET DISCORDIA INTER ILLOS EXCIT AT A PERPETUOQUE NUTRITA Quod citâ— meliâ—res occasiones suppeditabiâ— and that principally by instigating the Nobles and chief Men of the Parliament of England UT ANGLIAMIN FORMAM REIPUBLICAE REDUCANT AD IMITATIONEM HOLLANDORVM which our Republicans lately did by the power of the Army Officers or by sowing the seeds of an inexplicable war between England and Scotland By making it an Elective Kingdom as some now endeavour under another Notion or by setting up Other Kings of another Race without Legal Right or just Title against that ancient unquestioned undoubted Right and Title setled established in King Iames and his Royal Posterity by Inherent Birthright and lawfull right of Descent by God himself and his Laws confirmned strengthned by all possible Titles and Rights of compact Laws Statutes Oaths perpetual uncontradicted custome Protestations Covenants the solemn Publick Faith and Engagement of our English Parliaments Nation for themselves Their Heirs Posterities for ever as the Statutes of 1 Iacobi c. 1. 2 3 Iac. c. 1. 4 7. Iac. c. 6. which both houses of Parliament in their Declaration of Nov. 2. 1642. Exact Collect. p. 705 resolve And that upon this suggestion to the People Crudelem fore SCOTUM ubi semel Imperium in illos obtinuerit 〈…〉 mente repostum quanta injuria Angli Scotos superioribus
illis annis afficerint Praeterea suspicionem cis incuâ—iat fore ut Jacobus CAEDEM MATERNAM VINDICATURUS SIT c. Exasperandi sunt etiam animi EpiscoporuÌ„ PresbyteroruÌ„ Anglicorum proponendo illis REGEM SCOTIAE Calvinismum amplexum esse SPE CUPIDITATE REGNI ADACTUMQVE VI A BARONIBUS HAERETICIS quod si vero Regnuâ— Angliae etiam â—btineat TVM ILLVM CITO PRIOREM RELIGIONEM REVOCATURUM ESSE qùandoquidem non solum MARIA EJVS MATER moriens virum etiaÌ„ REX IPSE GALLIARVM SVMMOPORE EI RELIGIONEM CATHOLICAM COMMENDARINT c. yet now transcribed almost verbatim out of Thomas Campanella who suggested it against King James to alienate the English from him keep him from the Crown very freshly by the Authors of The True state of the Case of the Commonwealth c. p. 48 49. objected against the present King of Scots and royal Issue to deprive him and them from the Crowne of England and engage the whole English Nation against their Title to vest it in some other Family in greatest power Or if these projects should fail then by dividing us into many Kingdoms or Republicks dislinct one from another and by sowing the seeds of Schisms and making alterations and innovations in all Arts Sciences and our Religion The old Plots of Campanella Parsons and late designs of Cardinal Richelieu of the Pope Spaniard Jesuites to undo subvert our Protestant Churches Kings Kingdoms and Religion as the marginal Authors irrefragably evidence yet all visibly set on foot yea openly pursued and in a great measure accomplished by some late nay present Grandees and Army-Officers who cry up themselves for our greatest Patrons Preservers Deliverers and Anti-Jesuits when they have rather been but the Jesuites Popes Spaniards and other Forraign enemies instruments and factors in all the late changes new-models of our Government Parliaments pretended reformations of our laws and Religion through inadvertency circumvention or self-ended respects as many wise and godly men justly fear For prevention whereof I shall recommend to the whole Kingdoms serious consideration the memorable Preamble of the Statute of 25 H. 8. c. 22. discovering the like Plots of the Pope and our Forraign Enemies to 〈…〉 to prevent them for the future in these ensuing words In their most humble wise shewen unto your Majesty Your most humble and obedient Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament assembled that since it is the natural inclination of every man gladly and willingly to provide for the surety both of his Title and Succession although it touch his only private cause We therefore most rightful and dreadful Soveraign Lord reckâ—n our selves much more bounden to beseech and instant your Highness although we doubt not of your Princely heart and wisdom mixed with a natural affection to the same to foresee and provide for the perfect surety of both you and of your most lawful Succession and heirs upon which dependeth all our joy wealth in whom also is united and knit the only meer true inheritance and title of this Realm without any contradiction Wherefore We your said most humble and obedient Subjects in this present Parliament assembled calling to our mind the great divisions which in times past have been in this Realm by reason of several Titles pretended to the Imperial Crown of the same which sometimes and for the most pâ—rt ensued by occasion of ambiguity and doubts then not so perfectly declared but that men might upon froward intents expound them to every mans sinister appetite and affection after their sence contrary to the right Legality of the Succession and Posterity of the lawfull Kings Emperors of this Realm whereof hath ensued great effusion destruction of Mans blood as well of a great number of the Nobles as of other Subjects and specially Inheritors in the same And the greatest occasion hath been because no perfect substantial provision by law hath binmade within this realm it self when doubts and questions have been moved proponed of the certainty legality of the Succession posterity of the Crown By reason whereof The Bishop of Rome See Apostolick contrary to the great and inviolable grants of Jurisdictions By God immediatly to Emperours Kings Princes in succession to their heirs hath presumed in time past to invest who should please them to inherit in other mens Kingdoms Dominions which thing we your most humble Subjects both Spiritual and Temporal do most abhor detest And sometimes other forraign Princes and Potentates of sundry degrees minding rather dissention discord to continue in the realm to th'utter desolatioÌ„ therof then charity equity or unity have many times supported wrong titles wher by they might easily facilly aspire to the Superiority of the same the continuance sufferance whereof deeply considered pondered were too dangerous and perillous to be suffered any longer within this Realm too much contrary to the unity peace and tranquility of the same being greatly reproachful and dishonourable to the whole Realm In consideration wherof your said most humble and obedient Subjects the Nobles and Commons of this Realm calling further to their remembrance that the good unity peace and wealth of this Realm and the succession of the Subjects of the same Most specially principally above all wordly things consisteth and resteth in the certainty and surety of the procreation posterity of your Highness in whose most royal person at this present time is no manner of doubt or question Do therefore most humbly beseech your Highnes c. to declare the establishment of the successioÌ„ of your royal posterity in the Imperial Crowns of this realm as he and they did by this other succeeding acts of Parl. in 1 Eliz c. 3. 1 Jac. c. 1. to prevent the like civil wars and mischiefs for succeeding ages now revived promoted by the Pope Jesuits Foraign Popish Princes to work our ruine Certainly whosoever shall seriously ponder the premises with these passages in William Watsons Quodlibets concerning the Jesuits 1. That some of the Jesuits society have insinuated themselves into all the Princes Courts of Christendom where some of their Intelligencers reside and set up a secret counsel of purpose to receive and give intelligence to their General at Rome of the secrets of their Soveraigns and of all occurrents in those parts of the world which they dispatch to and fro by such cyphers which are to themselves best but commÌ„only only to themselves known so that nothing is done in England but it is known at Rome within a month after at least reply made back as occasion is offered to the consequent overthrow of their own natural Country of England and their native Princes and Realms by their unnatural Treasons against them that so the Jesuits might be those long gowns which should reign and govern the Island of Great
to violate we shall appeal to the judgement of any indifferent man how little truth is contained in this their assertion or in the Army Officers printed Papers to the same effect The Parliament is to be considered in three severall respects First As a Councell to advise Secondly As a Court to judge 3. As it is the body representative of the whole Kingdom to make repeal or alter Laws and whether the Parliament hath enjoyed its priviledges in any of these respects under the Army-Officers and powers as well as late King let any that hath eyes open judge For the first We dare appeal even to the Consciences of the Contrivers themselves and to the consciences of the Army-Officers Souldiers and Whitehall men themselves whether matters of the highest importance witness all the publick proceedings against the late Parliament King Peers Government the Warrs with Scotland Holland their new Magna Châ—rta repealing the old Entituled The Government of the Commonwealth of England Scotland and Ireland wherein they take upon them such an Omnipotent Soveraign power as To pass a decree upon the wavering humors of the people and to say to this Nation yea to Scotland and Ireland too As the Almighty himself said once to the unruly Sea Here shall be thy bounds hitherto shalt thou come and no further as some of them most arrogantly if not blasphemously publish in print to all the world in their True State of the Case of the Commonwealth p. 34. Their making of new binding Laws and Ordinances repealing old Laws and Statutes in and by pretext of this Instrument out of Parliament as their manifold Whitehall Folio new Edicts amounting to near 700 pages attest have not been agitated and determined in and by the Army-Officers General Councel and other unparliamentary Juncto's not only without but contrary to their Advice and Votes too and whether private unknown Councels in the Army Whitehall and elswhere yea the private Councels Plots conspiracies of Iesuits of Forraign Popish and Spanish Agents have not been hearkned unto approved and followed when the Faithful and wholsom advice of the great Counsel hath been scorned neglected by the Army Officers and their Confederates And yet none can deny but it is one of the Principle ends why a Parliament is called To Consult the great Affairs of the Church and State And what miserable effects and sad events this neglect of the great Councel and preferring of unknown and private Councels before it hath produced let the present Distractions of this Kingdom bear witnesse with all the bloody unchristian Wars Taxes Oppressions Distractions since the Armies force upon the King Members Houses Anno 1647. and 1648. to this present time Concerning the Second it sufficiently appears by the making the Kings Court by the Force and Power of the Kings Army the Sanctuary and refuge of All sorts of Delinquents against the Parliament and Kingdom and protecting and defending them from the Justice thereof and by admitting such to bear places of great trust in the Army and to stand in defiance of the Parliament and the Authority thereof and is it not a far greater crime to make the Parliaments Army it self a Delinquent against the Parliament and Kingdom the sanctuary of such Delinquents against both and to continue such Officers in places of greatest trust in the Army who have levied actual war against the Parliament secluded secured members of Parliament kept divers years under their armed guards in defiance of the Parliament without any particular Charge or Impeachment refusing to release them even when the Serjeant was sent at first from the House it self to demand the Members seised By all which it is apparent how our Privledges have been torn from us by piece-meals from time to time And we might mention many passages whereby they were endeavoured to be pulled up by the root and totally subverted As the attempt to bring up the late Army from the North to force Conditions upon the Parliament His Majesties Letters and Commands to the Members of both Houses which found obedience in a great many to attend him at York and so By depriving the Parliament of their Members destroy the whole Body And was not the actual twice bringing up of the Parliaments own Army by the Army Officers against the Parliament it self to impeach secure some principal Members of both Houses seclude the Majority of the Commons House suppress the whole House of Lords break off the Treaty behead the King the Head of the Parliament against the Parliaments Votes alter the Government force conditions on the Parliament it self to omit the 12 21 24 32 37 38 39 Articles of their New Government with the secluding of all the Members lately admitted by Armed Souldiers till they took a New Engagement and keeping out all others a taking of the Privileges of the Parliament from them all by Whole-sale and a more desperate pulling up by the Roots and total subversion of all the Priviledges and whole Body of the Parliament than this objected against the Northern Army or the Kings Jesuitical ill Councel Which is enough to prove the vanity of the Contrivers of that Declaration and of the Army Officers too to feed themselves with hope of belief That the Priviledges of Parliament are not Violated but intended to be preserved with all due observance Concerning the Allegation That the Army raised by the Parliament is to murder the KING oft alledged by the King and his Party in many printed PROCLAMATIONS Declarations before and after this here mentioned We hoped the Contrivers of that Declaration or any that professed but the name of a Christian could not have so little charity as to raise such a SCANDAL especially when they must needs know the Protestation taken by every Member of both Houses and Army Officers too whereby they promise in the presence of Almighty God TO DEFEND HIS MAJESTIES PERSON The Promise and Protestation made by the Members of both Houses upon the nomination of the Earl of Essex to be General and to live and die with him wherein is expressed THAT THIS ARMY WAS RAISED FOR DEFENCE OF THE KINGS PERSON Our oft earnest and most humble Address to his Majesty to leave that desperate and dangerous Army c. A request inconsistent with any purpose to offer the least violence to His Person which hath and ever shall be dear unto us And concerning the imputation laid to our Charge of Raising this Army to Alter the whole Frame of Government and Established Laws of the Land which the King and his party frequently objected in print we shall need give no other Answer but this That the Army Raised by the Parliament is to no other end but for the Preservation of his Majesties Person to Defend themselves the Laws of the Land and the true Protestant Religion After which they there and elswhere conclude And by this time we doubt not but every man doth plainly discern through
than 5. Christian Kings in several battles took sundry other Kings prisoners and at last was slain himself with all his old victorious Captains and Souldiers by King Oswi and a small despicable Army of raw Souldiers not half so many as they Ann. 655. who thereupon seized on his Kingdom and others in prophane Stories but by that memorable History of Adonibezeck who after his Conquest of no less than seventy Kings who ever in this latter age conquered one quarter so many and tyrannizing over their persons was by a small party of Judah and Simeon fought with on his own dung-hil his victorious old Army totally routed ten thousand of them slain himself forced to fly pursued and taken prisoner by these contemptible Enemies who cut off his thumbs and his great toes Whereupon Adoni-bezek though an idolatrous Canaanite used these memorable words worthy all Conquerours and Tyrants memorial recorded by God himself to all Posterity Iudges 1. 7. Threescore and ten Kings having their thumbs and their great toes cut off have gathered their meat under my table like so many Dogs rather than Kings AS I HAVE DONE SO GOD HATH REWARDED ME and they brought him Prisoner to Ierusalem and there he died See the like retaliation threatned inflicted Hab. 2. 6 7 8. Isa 33. 1. Dan. 7. 23. to 27. Obad. 15. Ezech. 35. 5 6 15. Rev. 16. 5. 6. Ier. 51 and 52. Nah. 3. 1. c. Rev. 13. 10. Ioel 3. 6 7 8. Deut. 32. 43. Isa 10. 14. 2 Chron. 22. 10. compared with c. 23. 12. to the end 10. That the Elect Saints of God do by faith in the Word of God and upon consideration of the usual Providence and Justice of God towards such Beasts and bloody Conquerors most assuredly see their downfall and with patience expect it Rev. 13. 9 10. If any man have an ear let him hear HE THAT LEADETH INTO CAPTIVITY SHALL GO INTO CAPTIVITY HE THAT KILLETH WITH THE SWORD MVST BE KILLED WITH THE SWORD Here is THE PATIENCE AND THE FAITH OF THE SAINTS O that we had this Patience and Faith within us now 11. That upon this Faith and Assurance the true Elect Saints of God neither will nor do nor dare to admire after follow worship or adore such Bâ—asts or their Image nor receive their marks in their hands or foreheads though all the world else readily do it without opposition enduring patiently rather to be warred upon killed secluded from buying or selling any thing then unchristianly to adore subject or enslave themselves unto them Rev. 13. 2 15 17. Esther 3â— 1 to 7. 2 Kings 3. 13 14. Iohn 10. 4 5. Dan. 3. 4. to 30. 1 King 19. 18. 2 Chron. 11. 13. to 18. Which serious seasonable considerations as they should daunt the hearts and allay the high Presumptious Spirits of the most Successfull Conquerors Powerfull Usurpers over and violent Invaders of the Liberties Lives Estates Rights Properties of their Lawfull Superioâ—s or Christian Brethren and all Subverters of the Laws Priviledges Parliaments Government of their Native Country especially against their Oathes and Trusts So the Meditation on them together with the contemplation of the infinite Power Wisdom Faithfulness Iustice Holiness Presence and gracious Promises of God have at all times and seasons hitherto invincibly animated steeled fortified my Soul in the midst of all my sufferings both under the domineering Prelates Parliament-assaulting Army-Officers the late Tyrannical cashiered Republicans and all other self-created oppressing Powers which if not already dead and buried in the dust with all their thoughts and high aspiring Projects yet shall certainly die ere long like men and become us dung yea they have enabled me by Faith and Patience to be more than a conquering triumpher over them and to sing aloud with magnanimous David a man after Gods own heart long before their down-fall Psal 27. 1 2 3. The Lord is my Light and my Salvation whâ—m shall I fear The Lord is the strength of my life of whom shall I be afraid When the wicked even mine enemies and my foes came upon me to eat up my flesh they stumbled and fell Though an Host should encamp against me as they did at Westminster at my House and in sundry Garrisons where I was a Prisoner under Souldiers my heart shall not fear though war should rise against me in this I will be confident I will not be afraid of ten thousands of people that have set themselves against me round about And to cry out in Pauls words of defiance against all Enemies and Perils in the cause of my God and Country uttered in his own and all true Elected Saints names Rom. 8. 35 c. Who shall separate us from the love of Christ or our Native Country as well actively as passively considered Shall tribulation or distress or persecution or famine or peril or SWORD of an whole Army or other Powers Nay in all these things we are more than Conquerors through him that loved us For I am perswaded that neither death nor life nor Angels nor PRINCIPALITIES NOR POWERS nor things present nor things to come nor height nor depth nor any other creature shall be able to separate us from the love of God which is in Christ Iesus our Lord. And to say with him in all threatned Dangers for my sincere conscientious publick Services Act. 20. 22. 24. And now I go bound to Jerusalem not knowing the things that shall there befall me save that the Holy Ghost witnesseth in every City saying That Bonds and Afflictions wait for me But none of these things move me neither count I my life dear unto me so â—s I may finish my course with joy and the Ministery which I have received of the Lord Iesus c. And verily me thinks the serious contemplation thereof and of all the premises with that of 2 Sam. 10. 12. Isa 51. 12. 13. Ier. 1. 8. Ezech. 2 2 to 6. Matth. 10. 26. 28 coupled with Psal 11. 2. If the foundatiâ—ns be destroyed what can the righteous do Prov. 24. 22 23. My Son fear thou the Lord and the King AND MEDDLE NOT WITH THOSE WHO ARE GIVEN TO CHANGE For their calamity shall rise suddenly which we have seen verified in many late Changers Mock Parliaments and self created new Powers and whâ— knoweth the ruine of them both should now at last banish all base carnal fears out of all timerous hearts rouse up the languishing fearfull dead stupid Spirits of our degenerated English Nation and engage them all unanimously undauntedly to claim vindicate regain re-establish those ancient undoubted Hereditary Fundamental Rights â—iberties Priviledges Franchises Laws Government purchased with their Ancestors their own dearest Blood sweat Treasures which belong to the whole Kingdom to all true English Parliaments Freemen in general and to every of them in particular whereof they have of late years been forcibly disseised or â—ypocritically cheated by pretended Patrons Preservers and Propuguers of them the
who have suffered acted and stood up most for their Common Liberties Rights Freedoms Religion against all invading Tyrantâ— to their great discouragement and betraying not pitch upon any Subject more proper for me either as a common Lawyer or as a constant Advocate and Sufferer for the publike Cause and Liberties of the Nation as well under our late extravagant Free State as former Regal and Episcopal arbitrary Tyranny than in this juncture of our publike affairs to present our whole distracted unsetled Kingdome with A Legal and Historical Vindication and Chronological Collection in all ages of these Ancient Hereditary liberties Franchises Rights and all those National Parliamentall legal and Martial Contests Laws Charters Records Monuments of former and late times for their Confirmation and inviolable observation which our Ancestors and our selves have alwaies hitherto reputed Fundamental unalterable and inviolable upon any pretext and have most eagerly contended for with the Prodigal expence of many millions of treasure and whole Oceans of gallant Christian English blood And if upon the serious perusall of them the universality of our degenerated Nation after their many solemn Protestations Vows Leagues Covenants Remonstrances inviolably to defend and maintain them shall still so undervalue them now at last as most actually have done as not to esteem them worth the owning maintaining vindicating or perpetuating any longer thereby draw upon their heads the reall guilt of all those bloody Wars Murders Tumults Violences Rapines Oppressions Sins Mischiefs illegal Taxes Excises Exorbitancies which their many late years pretended necessary defence and preservation have brought upon our three whol Nations let them henceforth like so many dastardly conquered bondslaves bored through the ears publikely disavow disclaim renounce abjure them for themselves and their posterities for ever as meer worthlesse toyes or pernicious inventions fit onely to kindle perpetual wars and discords between King and People head and members superiours and inferiours or as poor slender Cobwebs as now they prove able to hold none within compasse but the very weakest Flies broken thorow with ease and impunity by every greater Fly or armed Waspe creeping up into any Power or Supream Authority by right or wrong and swept down to the very ground by every new Broom in the hand of vpstart Innovators But if upon saddest deliberation they shall really estimate them to be such incompatable rich precious Jewels and ancient Inheritances as are every way worth the infinite Treasures Wars Blood Cares Consultations Troubles heretofore and of late years expended both to gain retain confirm and perpetuate them to them and their Posterities for ever as their principal earthly security and beatitude I hope they will all then unanimously conclude with the Poet Non minor est virtus quà m quaerere PARTA TVERI And both by their Votes and Actions return the self-same peremptory magnanimous answer to any Caesar Conqueror Potentate power or Combination of men whatsoever who shall endeavour by force fraud or flattery to compell or perswade them to sell resign betray or give up these their Ancestrall Priviledges Inheritances Birth-rights to them as Naboth once did to King Ahab 1 Kings 21. 3. The Lord forbid it us that we should give sell or betray the INHERITANCE OF OVR FATHERS and our Posterities likewise unto thee or you though they should suffer for this Answer and Refusall as much as Naboth did from bloody Ahab and Jezebel But whatever low price or estimate this spurious stupid sordid slavish age may set upon these richest Pearls yet for my own particular upon serious consideration of these Chronological Collections and the Solemn Oaths Protestations Vows League and Covenant obliging me to defend them to the uttermost I value the whole Nations publike and my own with my cordial friends private interest in them at so high a rate that I would rather chearfully part with ten thousand lives and all the treasures of the Nation Indies were I owner of them then wittingly negligently or unworthily sell betray or resign them up to any mortals or powers whatsoever upon any pretences or Conditions after all my former Publications Contests Sufferings Losses c. for their just defence And to the end al others might now take special notice of the inestimable value our Ancestors in all ages have set upon them and what successive wars conflicts they have chearfully undertaken for their preservation I have at vacant hours compiled this ensuing Vindication and Collection of the old Fundamental liberties franchises laws of all English freemen which I shall bequeath to my most beloved Native Country in general and every reall Heroick Patron of them in particular as the best Legacy I can leave behinde me both for their present and future Enfranchisment Immunity security from all Arbitrary Tyranny Slavery and yokes of Bondage under which they have a long time languished and lamented in the bitterness of their spirits The Method I resolve herein to pursue is this 1. I shall produce some punctuall Authorities of moment to evidence That the Kingdome and Freemen of England have some ancient Hereditary just Rights Liberties Priviledges Franchises Laws and Customs properly called FVNDAMENTAL and likewise a Fundamental Government no wayes to be altered undermined subverted directly or indirectly to the publique prejudice under pain of highest Treason in those who shall attempt it especially by fraud force or armed power 2. I shall in brief Propositions present you with the chiefest and most considerable of them which our Ancestors in former ages and our latest real Parliaments have resolved to be and eargerly contended for as FUNDAMENTAL essentiall to their being and well-being as a Free People Kingdome Republique unwilling to be enslaved under any Yokes of Tyranny any arbitrary 〈◊〉 positions or Powers whatsoever Then give you a briefe touch of their severall late unparalelld violations both by the Edicts and Actions of usurping Powers 3. I shall in a Chronological way tender you a large Historical Catalogue of National Parliamental civill and military Contests Votes Declarations â—emonstrances Oathes Vows Protestations Covenants Engagements Excommunications Confirmations Evidences Statutes Charters Writs Records Judgments and Authorities in all ages undeniably evidencing declaring vindicating establishing perpetuating these Fundamental Hereditary Rights Liberties Priviledges Franchises Customs Laws and abundantly manifesting the extraordinary care industry zeal courage wisdome vigilancy of our Ancestours to defend preserve and perpetuate them to posterity without the least violation or diminution 4. I shall vindicate the excellency indifferency and legâ—lity of trying all Malefactors whatsoever by Juries of their â—eers upon legal Processe and Indictments and manifest the illegallity injustice partiality dangerous consequences of admitting or introducing any other form of Trials by New Arbitrary Martiall Commissions or Courts of High Justice or rather injustice inconsistent with and destructive to the Fundamental Rights Liberties Priviledges Laws Franchises of the English Nation and of most dangerous President to Posterity being set up by the
greatest pretenders to publike Liberty Law and the â—heifest inveighers against Arbitrary Regal Tyranny and Power which never publikely established such arbitrary illegal Tryals and new Butcheries of Christian English Freemen by any law and may fall to imitate them in future Ages by their example Each of these I intend to prosecute in distinct Chapters in their order CHAP. 1. 1. For the first of these That the Kingdome and Freemen of England have some ancient Hereditary Rights Liberties Priviledges Franchises Laws and Customs properly called FVNDAMENTAL and likewise a FVNDAMENTALL GOVERNMENT no wayes to be altered undermined subverted directly or indirectly under pain of High Treason in those who shall attempt it especially by fraud force or armed power I Shall confirm the first part of it by these ensuing punctual Authorities of moment against those traiterous late published Pamphlets which professedly deny it and endeavour a totall abrogation of all former Lawes to set up a New modell and Body of the law to rule us for the future according to their pleasures The first is the expresse words of the great Charters of the Liberties of England granted by King John Anno 1215. in the 16 year of his Reign Regranted and confirmed by King Henry the third in the 9 year of his Reign and sundry times afterwards and by King Edward the first in the 25 and 28 years of his reign Wherein these three Kings successively by their several grand Charters under their great Seals did grant give and confirm to all the Nobility is and ever shall be far from the thoughts and intents of all good Kings Governours and Parliament who bear a sincere care and affection to the Subjects of England to alter or innovate them 3. That by these ancient good Laws Priviledges and customs not only the Kings Regall Authority but the peoples Security of lands livings and priviledges both in general and particular are preserved and maintained 4. That by the abolishing or altering of them it is impossible but that present confusion will fall upon the whol state and frame of this Kingdom Which I wish all Innovators and New Modellers of our Lawes and Government would now at last lay seriously to heart and the whole Kingdome and English Nation sadly consider who have found it an experimental truth of late years and no imaginary seigned speculation 3. The third is The Remonâ—trance of the whole House of Commons in Parliament delivered in Writing to King James in the Parliament of 7. Jacobi Anno 1610. which begins thus To the Kings most Excellent Majesty Most Gracious Soveraign Whereas we your Majesties most humble Subjects the Commons assembled in Parliament having received first by Message and since by speech from your Majesty a Command of restraint from debating in Parliament your Majesties Right of imposing upon your Subjects Goods exported out of or imported into this Realm yet allowing us to examine the grievance of these Impositions in regard of quantity time and other circumstances of disproportion thereto incident We your humble Subjects nothing doubting but that your Majesty had no intent by that command to infring the ancient and fundamentall Rights of the Liberty of PARLIAMENT in point of exact discussing of all matters concerning them and their Possessions Goods and Rights whatsoever Which yet we cannot but conceive to be done in effect by this Command Do with all humble Duty make this Remonstrâ—nce to your Majesty First we hold it an Ancient general and undoubted Right of Parliament to debate freely all matters which do properly concern the Subject and his Right or Estate which freedome of debate being once fore-closed the essence of the Liberty of Parliament is withall dissolved c. Here the whole House of Commons in a speciall Remonstrance to King James printed and published by Order of a Committee of the House of Commons for licensing of Books dated 20 Maii 17. Caroli 1641. Declare resolve vindicate and maintain one principal ancient fundamentall general undoubed right of the Liberty of Parliament against the Kings intrenchment on it Of which should they be but once fore closed the Essence of the Liberty of Parliament is withall dissolved And peradventure it may not be unworthy the most serious disquisition of the next ensuing nominal or real Parliament to examine whether some clauses and restrictions in the 9. 12. 14. 16 17. 21. 22. 24 25. 27. 30. 32 33. 36 37 38 39 40. Articles or strings of the New Instrument intituled The Government of the Common-wealth of England Scotland and Ireland and the Dominions thereunto belonging as it was publikely declared at Westminster the 16. day of December 1653 c. do not as much nay far more intrench upon the ancient Fundamental General undoubted Rights and Liberty of Parliament and parliamentary free debates to the dissolution of the Essential liberty of all future Parliaments as this Command of King James did or as the Bishops late Canons imposed on the Clergy in and by the Convocation Anno 1640. ever did and this clause in their c. Oath then made now imitated by 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 Which clause and Oath imposed onely on the Clergy-men Resolved by the whole House of Commons and Peers too in Parliament without one dissenting voice December 16. 1640. to be a most dangerous illegal Oath contrary to the Rights and Priviledges of Parliament and to the Fundamental Laws and Statutes of the Realuâ— c. and of dangerous consequence the contriving whereof was objected to the late Archbishop of Caterbury in his original Articles of High Treason for which amongst other things he lost his head The fourth is the notable Petition of Grievances of the whole House of Commons in Parliament presented to King James in the seventh year of his Reign after their Vote against his Right to levy Impositions on goods imported or exported without assent and grant of Parliament in these ensuing words The Policy of this your Majesties Kingdomes 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 Merchandises 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 Kingdome as they have ever shewed themselves faithfull and loving to their Kings and ready to aid them in all just occasions with voluntary contributions so have they been 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
to settle Religion in the purity thereof TO MAINTAIN THE ANCIENT and FUNDAMENTALL GOVERNMENT OF THIS KINGDOME TO PRESERVE THE RIGHTS and LIBERTIES OF THE SUBJECT to lay hold on the first opportunity of procuring a safe and well grounded peace in the three Kingdoms and to keep a good understanding between the two Kingdomes of England and Scotland according to the grounds expressed in the Solemn League and Covenant And lest these generals should not give a sufficient satisfaction we have thought fit to the end men might no longer be abused in a misbelief of our intentions or a misunderstanding of our actions to make a further enlargement upon the particulars And first Concerning Church-Government c. because we cannot consent to the granting of an Arbitrary and unlicensed Power and Jurisdiction to neer ten thousand Judicatories to be erected within this Kingdome and this demanded in such a way as is not consistent with the FVNDAMENTAL LAWS and GOVERNMENT OF THE SAME c. Our full resolutions still are sincerely really and constantly to endeavour the Reformation of Religion in the Kingdome of England and Ireland in Doctrine Worship and Government according to the word of God and the example of the best Reformed Churches and according to the Covenant WE ARE SO FARRE FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOME BY KING LORDS and COMMONS that we have onely desired that with the consent of the King such Power may be settled in the TWO HOVSES without which we can have no assurance but that the like or greater mischiefs than those which God hath hither to dilivered us from may break out again and engage us in a second and more destructive war whereby it plainly appears Our intentions are not to change the Antient Frame of Government within this Kingdome but to obtain the end of the Primitive Institution of all Government The safety and weal of the People not judging it wise or safe after so bitter experience of the bloody consequence of a pretended Power of the Militia in the King to leave any colourable authority in the same for the future attempts of introducing AN ARBITRARY GOVERNMENT OVER THIS NATION We do declare That we will not nor any by colour of any Authority derived from us shall interrupt the ordinary course of Justice in the severall Courts of Judicatories of this Kingdome nor intermeddle in the cases of private interest other where determinable unlesse it be in case of male-Administration of Justice wherein we shall see and provide that Right be done and punishment inflicted as there shall be occasion ACCORDING TO THE LAWS OF THE KINGDOME Lastly Whereas both Nations have entred into a Solemn League and Covenant we have and EVER SHALL BE VERY CAREFULL DULY TO OBSERVE THE SAME that as nothing hath been done SO NOTHING SHALL BE DONE BY US REPUGNANT TO THE TRUE MEANING AND INTENTION THEREOF c. WHO WILL NOT DEPART FROM THOSE GROUNDS AND PRINCIPLES upon which it was framed and founded Though the generality of the afterwards secured and secluded Majority of the House of Commons endeavoured constantly to make good this Declaration in all particulars yet how desperatly the garbled Minority thereof continuing in power after their Seclusion prevaricated apostatized and falsified their Faith herein in every particle in the highest degree we cannot but with greatest grief of heart and detestation remember to the subversion ruine of our King Lords Commons Kingdome Parliaments Fundamentall Laws Government and the peoples Liberties c. almost beyond all hopes of restitution or reparation in humane probability without a miracle from heaven The Lord give them grace most seriously to consider repent of and really sincerely reform it now at last and to make it the principle subject of their prescribed publike Humiliations Fasts and Lamentations as God himself prescribes Isa 58. 5 6 7 8. Jer. 34. 8. to 22. Ezech. 19. 1. 14. Hos 10. 3 4. and not still to adde drunkennesse to thirst lest they bring them to temporall and eternal condemnation for it in Gods own due time and engender endlesse Wars Troubles Taxes Changes Confusions in our Kingdomes as they have hitherto done and will do till all be restored to their just Rights Powers Places Possessions and Liberties By this full Jury of Parliamentary Authorities to omit many others of like or inferiour nature and lesse moment it is undeniable That the people of England have both ancient Fundamentall Rights Liberties Franchises Laws and a Fundamental Government which like the Laws of the Medes and Persians neither may nor ought to be altered or innovated upon any pretence but perpetually maintained defended with greatest care vigilancy resolution and he who shall deny or oppugn it deserâ—â—s no refulation by further arguments since it is a received Maxime in all Arts Contra Principia negantem non est disputandum but rather demerits a sentence of Condemnation and publike execution at Tyburn as a Common Enemy Traitor to our Laws Liberties Nation it being no lesse than a transcendent crime and High Treason by our Laws for any person or persons secretly or openly to attempt the undermining or subversion of our fundamental laws rights Liberties Government especially by fraud treachery force or armed power and violence the later part of my first proposal which I shall now confirm by these twelve following Presidents and Evidences corroborating likewise the former part That we have such Fundamental laws liberties rights franchises and a fundamental Government too In the fifth year of King Richard the second the vulgar rabble of people and villains in Kent Essex Sussex Norfolk Cambridge-shire and other Counties under the Conduct of Wat Tyler Jack Straw and other Rebels assembling together in great multitudes occasioned at first by the new invented Tax of Poll-money granted by Parliament and the over-rigorous levying thereof on the people by the Kings Officers though nothing so grievous as our Excises Contributions new Imposts now so long exacted without any legal Grant in true free and full English Parliaments resolved by force and violence to abrogate the law of Villenage with all other laws they disliked formerly setled to burn all the Records kill and behead all the Judges Justices and men of law of all sorts which they could get into their hands to burn and destroy the Inns of Court as they did then the new Temple where the Apprentices of the law lodged burning their Monuments and Records of Law there found to alter the tenures of lands to devise new laws of their own by which the Subjects should be governed to change the ancient Hereditary Monarchicall Government of the Realm and to erect petty elective Tyrannies and Kingdomes to themselves in every shire A project eagerly prosecuted by some Anarchicall Anabaptists Jesuits Levellers very lately and though withall they intended to destroy the King at last and all the Nobles too when they had gotten sufficient power yet at first to
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 the tragical end of Princes If any man shall look into our own Stories in the times when the Laws were most neglected he shall finde them full of Commotions of Civill distempers whereby the Kings that then raigned were alwaies kept in want and disresse the people consumed with CIVIL WARS and by such wicked Counsels as these some of our Princes have been brought to such miserable ends As 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 leisure 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 away Peace and so intangle the Nation with Wars but doth corrupt Peace and pours such a Malignity into it as produceth the effects of Warre both to the 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 pains 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 Coyne though but a piece of twelve pence or six pence and must it not needs be the effect of greater Treason to 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 Forraign 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 â—o come in this way will be unready uncertain there can be no assurance of them no dependance upon them either for time or proportion And if some money be gotten in such a way the distractions the divisions distemperâ— which this course is apt to produce will be more prejudicial to the publike safety than the supply can be advantagious 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 limit and restrain the excessive power and violence of great men to open passages of Justice with indifferency 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 as now of all heresies but for the advancement and incouragement of eviâ—l Such men as are â—ptest for the execution and maintenance of this power are onely capable of preferment and others who will not be Instruments of any unjust Commands who make Conscience to do any thing against the law of the Kingdome and liberties of the Subject are not onely not passable for imployment but SVBJECT TO MVCH JEALOVSIE and DANGER Is not this their condition of late and present times even in Parliament Members themselves as well as others secured secluded kept close prisoners perforce for making Conscience of doing nothing against the Laws and Liberties of the Kingdom and their Oaths and Covenants too and refusing to comply with usurping Innovators in all their self-seeking extravagancies and Treasons expertus loquor 4. That all accidents and events all Counsels and Designes should be improved for the publique 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 subversion of the laws violation of Liberties can never be good or justifiable by any circumstance or occasion being in their own nature how specious or good soever they be pretended He alledgeth it was a time of GREAT NECESSITY and DANGER 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 evill Counsell 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 Designe and endeavour of the Authour it was to be A CONSTANT and PERMANENT TREASON a standing perpetual Treason which would have been in continual 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 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 IS TREASON IN ANY ESTATE Let those consider it who are guilty of it in the highest degree beyond Strafford Canterbury or the Ship mony-Judges in our own State The Laws 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 pay all these Forfeitures will still be a Debtor to the Common-wealth Nothing can be more equal than 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 Original of this
frequently universally invaded assaulted undermined by our Kings and their evil Instruments heretofore and others since and thereupon more strenuously frequently vigilantly maintained fenced regained 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 hath been constantly defended maintained when impugned or incroached upon by our Ancestors and our selves 1 That no Tax Tallage Aid Subsidy Custom Contribution Loan Imposition Excise or other Assesment whatsoever for defence of the Realm by Land or Sea or any other publick ordinary or extraordinary occasion may or ought bee imposed or leavied upon all or any of the Freemen of England by reason of any pretended or real Danger Necessity or other pretext by the Kings of England or any other Powers but only with and by their common consent and grant in a free and lawful English Parliament duly summoned and elected except only such antient legal Ayds as they are specially obliged to render by their Tenures Charters Contracts and the common Law of England 2 That no Free-man of England ought to bee arrested confined imprisoned or in any private Castles or remote unusual Prisons under Souldiers or other Guardians but only in usual or Common Gaols under sworn responsible Goalers in the County where he lives or is apprehended and where his friends may freely visit and releeve him with necessaries And that only for some just and legal Cause expressed in the Writ Warrant or Process 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 illegal Catchpolls That no such Free-man ought to bee denied Bail Mainprise or the benefit of an Habe as Corpus or any other Legal Writ for his enlargement when Bailable or Mainprizable by Law nor to be detained Prisoner for any real or pretended Crime not bailable by Law longer than until the next general or special Gaol-delivery held in the County where he is imprisoned when and where he ought to be legally tried and proceeded against or else enlarged by the Justices without denial or delay of Right and Justice And that no such Free-man may or ought to be out-lawed exiled condemned to any kinde of Corporal punishment loss of Life or Member or otherwise destroyed or passed upon but only by due and lawful Process Indictment and the lawful Trial Verdict and Judgement of his Peers according to the good old Law of the Land in some usual Court of publick Justice not by and in new illegal Military or other Arbitrary Judicatories Committees or Courts of High Justice unknown to our Ancestors 3 That the ordinary standing Militia Force and Arms of the Kingdom ought to reside in the Nobility Gentry Freeholders and Trained Bands of the Kingdom not in Mercenary Officers and Souldiers receiving pay and Contributions from the people more apt to oppress inslave betray than protect their Laws Liberties and to protract than end their Warres and Taxes That no Free-men of England unless it bee by special Grant and Act of Parliament may or ought to be compelled enforced pressed or arrayed to go forth of his own County much less out of the Realm into forreign parts against his will in times of Warre or Peace or except he be specially obliged thereto by antient Tenures and Charters save only upon the sudden coming of strange enemies into the Realm and then he is to array himself only in such sort as he is bonnd to do by the ancient Laws and Customs of the Kingdom still in force 4 That no Free-man of England may or ought to be disinherited disseised dispossessed or deprived of any Inheritance Free-hold Office Liberty Custom Franchise Chattles Goods whatsoever without his own Gift Grant or free Consent unless it be by lawful Processe Trial and Judgement of his Peers or special Grant by Act of Parliament nor to be denied or delayed common Right or Justice in any case 5 That the old received Government Laws Statutes Customs Priviledges Courts of Justice legal Processe of the Kingdom and Crown ought not to be altered repealed suppressed in any sort nor any new form of Government Law Statute Ordinance Court of Judicatury Writâ— or legal proceedings instituted or imposed on all or any of the Free-men of England by any person or persons but only in and by the Kingdoms peoples free and full precedent consent in a lawful Parliament wherein the Legislative power solely resides 6 That Parliaments ought to be duly summoned and held for the good and safety of the Kingdom every year or every three years at least or so soon as there is just occasion That the Election of all Knights Citizens and Burgesses to sit and serve in Parliament and so of all other 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 sequestered or secluded thence by force or fraud That all Parliaments not thus duly and freely summoned elected freely held but unduly packed without due Elections or by forcible secluding securing any of the Members or not summoning all of them to the Parliament and all Acts of Parliament fraudulently or forcibly procured by indirect means ought to be nulled repealed reputed voyd and of dangerous president 7 That neither the Kings nor any Subjects of the Kingdom 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 nor tried nor judged by them 8 That all Subjects of the Realm are obliged by Allegiance Oaths and duty to defend their lawful 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 be discharged of all vexation trouble or losse 9 That no publick Warre by Land or Sea ought to be made or leavied with or against any Forreign Nation nor any publick Truce or League entred into with Forreign Realms or States to binde the Nation without their common advice and consent in Parliament 10 That the Kings of England or others cannot grant away alien or subject the Crown Kingdom or antient Crown Lands of England to any other without their Nobles and Kingdoms full and free consent in Parliament That the antient Honours Manors Lands Rents
it which would have forestalled affronted the next and all future Parliaments in their proper work of granting regulating all future Taxes according to the 6. and 30. Articles and made them meer Cyphers clearly takes away this evasion with all their former and future Whitehall Impositions after the 3 of September as contrary both to their Instrument and Oath 5ly The words of the 30th Article whereto this Saving refers are observable That they shall have power until the meeting of the first Parliament to raise Monies for defraying the Charges of the Extraordinary Forces both at Land and Sea In respect of the present Wars To which for the purposes aforesaid in the Saving relates But the present Warres being many Moneths since ended both by Land and Sea by the Peace concluded with Forreign Nations and so no need nor use of Extraordinary Forces to be still continued by Land or Sea the ancient Trayned Bands and Militia of the Realm being now well able to defend secure us at their owne cost without any Mercenary Forces Excises or Contributions only to pay them the power of raising Monies in this Saving with the grounds thereof are now at an end as well as our Warrs and the whole 27 Article too Since the old standing Militia and Trayned Bands of the 3. Nations will be a sufficient Safeguard to them without our Mercenary Army or Forces which usually prove Treacherous Supplanters Usurpers Oppressors to all who rely 〈◊〉 them whereupon our prudent Ancesters since 〈◊〉 gernes usurpation intrusted their Militia and Defence of the Realm only in the hands of the Nobility Gentry Freeholders and persons of best ability and estates not in Mercenary Armies which supplanted the Britons And our Warres now ceasing the antient Revenues Lands Customes of the Crowne and Perquisits of the Courts of Justice will be sufficient to defray all the Ordinary expences of the Government Navy old standing Garrisons if continued though useless Officers of State and Justice as they did in all former ages and still ought to do for the peoples ease and benefit 6ly It hath been the special policy care of our prudent Fore-fathers and wise Parliaments never to grant any annual Tax or Charge except Tonnage â—and Poundage in some cases for a limited time for Publike Defence unto their Kings and Governours nor usually to give them above Subsidy or one or two Fifteens or a single Escuage and sometimes not so much in any one Parliament upon any extraordinary occasion or necessity and that upon these Grounds 1. Because extraordinary Aydes ought to be granted only for and proportioned to extraordinary present emergent Necessities visibly appearing which being not lasting but momentany and various one from another no standing certain Contribution can or ought to be allotted for them but only a temporary and mutable the ordinary setled Crown Revenues being sufficient to defray all ordinary expences without other Aydes 2ly To keep a perpetual tye upon their Kings and Governours to summon frequent Parliaments and redreâ—s all their Grievances in them before they should receive any Grant of new Ayds or Subsidies from them to supply their publique Necessities to preserve a Power and Right in Parliaments to examine the grounds and present necessity of all Taxes demanded and to take an Accompt how former Taxes the Kings Revenues had been disbursed before they granted new ones All which the granting of standing annual Aydes for publique Defence would frustâ—â—e 3ly To prevent the encroaching of a constant Charge and Revenue on the People which if granted but for years life or but twice or thrice in the same kind and proportion without alteration though but as a free gift in Parliament would thereupon be claimed exacted from them afterwards as a meer just annual Right and Revenue without their future grants as Danegeld was by some of our Kings of old Imposts once granted by Edward the 3. and other Kings heretofore and the Customes of Tonnage Poundage by King Charles of late 4ly To avoid all unjust Oppressions of the people by imposing on them more Taxes at once than the present urgent necessities required 5ly To prevent the inhaunsing doubling of Taxes by any new dangerous Presidents Sir Edward Coâ—k observes in his 4 Institutes p. 33. That the Commons never used to give above one Temporary Subsidie and two Fifteens in any one Parliament and sometimes less till the Parliament of 31 Eliz. which gave 2. Subsidies and 4 Fifteens upon which first breach of this old circle and usage their Taxes still increased afterwards by degrees for in 35 39 Eliz. they rose to 3. Subsidies and 6 Fifteens in 43 Eliz. to 4 Subsidies and 8 Fifteens in 21 Jacobi to 3 Subsidies and 6 Fifteens in shorter time then had been before in 3 Caroli to 5 Subsidies in shortest time of all and now of late to constant annual Imposts Excises endless Monethly Contributions amounting to at least 3 Subsidies every Moneth 6ly Because a standing extraordinary Tax especially for years or life when once claimed or received as part of the publique Revenue would be hardly relinquished or discontinued without much contest and danger as appears by Danegeld of old and Tonnage Poundage Excise Monthly Contributions of late imposed as of right upon us by every new upstart Power and when once customarily claimed collected as a Duty will no ways ease nor exempt the people from new Extraordinary Aydes and Taxes This is evident by that memorable President concerning Abby-Lands in King Henry the 8 his reign setled on him as a large annuall standing Revenue of purpose to defend the Realm and ease the People from all future Aydes by the Parliaments of 27 H. 8. c. 28. 31 H. 8. c. 13. 32 H. 8. c. 14. Yet were these Lands no sooner setled on the Crown for these ends but in the same Parliament of 32 H. 8. the King demanded and â—ad of his Subjects one extraordinary Subsidy both of the Clergy and Laity and 34 H 8. c. 16 17. 37 H. 8. c. 24. he demanded and had the like Subsidy of them again and his Successors the like and greater Subsidies every Parliament since The like we see in the Case of Tonnage and Poundage granted only for the Defence of the Seas and Realm against Forraign Enemies Pirates Which no sooner taken by the late King as a standing Revenue of the Crown but he exacted and levied against Law a New annual Tax of Shipmony to guard the Seas for which very use he received Tonnage Poundage and the ancient Customes as our late Governors did and present do together with new Imposts and Excises and yet impose Land rates of Forty thousand pounds a Month besides to Maintain the Navy To instance in one particular more Our late new Governours made sale of all Archbishops Bishops Deanes Chapters Delinquents Kings Queens Princes and Sequestred Lands and Goods both in England Scotland and Ireland one after another under pretext
omnia pericula pro Republica subire mori pro patria Cicero de Finibus bonorum c. p. 365. and Tusâ—c Qâ—â—aest p. 445. n Esth 4. 16. * See their printed Declarations of Iune 14. 23. Aug. 1. 2. 1647. Their Agreement of the People Jan. 1648. Government of the Common-wealth of England 1654. moulded by them * Do not many now boast talk write of such a Conquest by the Army over England b Quodlibets p. 322 323 333 334. c 1 Eliz. c. 1. 5 Eu. c. 1. 1. Jac. c. 4. 3. Jac. c. 4 5. 7 Jac. c. 6. 16 Caroli The Act for Triennial Parliaments * See J. E. his Right Jurisdiction of the Prelate and the Prince cap. 15. Becanus Bellarmine Lessius Eudoemon Johannis others against this Oath d See the printed Edicts repealing theÌ„ enforcing the Engagement An. 1649. e See the Propositions for the Treaty f See the Preface to the Covenant g See the Edicts for the Engagement An. 1649. h Bellarmin de Pontâ—f Romano Sir Hum Linde his Via devia * Thucidides Hist l. 1. 3. Plutarch Lysander Aristot Polit. l. 4 5. i See Grotius de jure Belli Pacis l. 3. c. 15. P. 537. k Watsons Quâ—dlibets p. 320 321 312 332 333. l De Monar Hisp c. 25. m Conte de Galiazzo Gualdo Priorato Hist part 3. p. 175 176. * OptanduÌ„ quidem est st modo Respublica salva et incolumis futura sit ut Civitatis partâ—s omnes quidem sibi constent in suo statu permaneant At ut praesenâ—â—ti statu gaudeant Reges Regiae dignitatis splendore commoventur Optimates Senatoriae haec enim illis pro virtutis suae praemio est populus Ephoriae Aristot Polit. l. 2. c. 7. n See 1 Cor. 12. 12. to 31. 25 H. 8. c. 22. 26 H. 8. c. 3. 1 Jac. c. 1 2. 3 Jac. c. 1 2. a John 17. 17. 2 Cor. 6. 7. Ephes 1. 12. Jam. 1. 18. b 2 Sa. 22. 8. 16. Job 38. 4 6. Ps 18. 15. 102 5. Pro. 8. 29. Is 24. 18. 40. 21 48. 13. 51 13. 16. Zech. 12 1. Mic. 1. 6. Joh. 17. 24 Eph 4. 4 Heb. 1. 10. 4 3. 9. 26 1 Pet. 1. 20 c 1 Kin. 5. 17 6. 37. 7. 9 10 Ezr. 4. 13. 6. 3. Ps 137. 7. Ezech. 41. 8. Hag. 2. 8. Zech. 4 9. 8 9. Mat. 7. 26 27 Luke 6. 48 49. d Isa 28. 16. 54. 11. Ps 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 Jer. 50. 15 Mic 1. 6 7 Luke 6. 48 49 Matt. 7. 26 27 g Lilburn tried and cast p. 39 142. to 148 154. Caâ—â—es Voice from the Temple which perswadeâ— the subversion and abolishing of al former Laws especially for Tithes and Ministers support * Sâ—e the Government of the CoÌ„mon-wealth of England c. Artie 3. 12. 21. 22 24 â—7 28 29 30 31 32 38 39 41. * 2 Theâ—â— 2. 4. * See Exact Collect. and a General collection of all Ordinances c. * Sâ—e Culpepers and â—illy's Mâ—rlins and Almanacks John Cannes Voice Lilb tried and cast with many Petitions 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 * Exod. 21. 6. * Summumjus est summa injuria Cic. de Officiis p. 611. * Lilbourn tried and cast p. 39 40 142 to 148 and elsewhere John Cannes â— Voice from the Temple John Rogers Mene Tekel Perez p. 6. Lilly and Culpeper in their Prognostications An. 1653 1654. See the Armies Proposals See the 1 and 6 Proposition in cap. 2. * See the Government of the Common-wealth of England c. Artiâ— 12. the writs and printed returns for new â—lections and enforced new Test and Engagement imposed on the three Kingdoms and new Members seâ—luding mâ—â—â— of them See Proposition 1. in ch 2. Nota. * O how are they now degenerated * And should they not be so now then * And should 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-Reg al arbitrary power and Prerogative against all our Laws and theâ—â— own instrument and oaths Nota. * And oh that we would follow it now again both in and out of Parliament Nota. * See the whitehall Ordinances for the six months contribution Excise till 1656. tunnage Poundage till 1658. beyond all Presidents in any age and the very words and letter of the 30 Article of their government Nota. * Yet those who have pulled down our Kings as Tyrants now presume to do it Witness their New White-hall Laws and Ordinances amounting to near 700. pages in folio in a few moneths space * And do not those do so who now â—ay Monethly Taxes Excises Customs and New Imposts 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 * And are they not so now * 20. H. 3. c. 9. See Cooks 2 Inâ—â—it p. 97 â—8 Proposition 1 4 Proposition 2. * See Canterburies Doom p. 19. Exact Coll. p. 12. * Exact Collect. p. 112 113. * Exact Coll. p 850 584 â—87 888. See Chap. 2. Proposit 1 2. 3. * Do not the Army Officers now enforce them to all this without a Parliament to support their usurped new Powers and Possessions and establish themselves in a most absolute Soveraignty over our three kingdoms Nota. * These expostulations reach to them at Whitehall now who presume to impose Taxes Customs Excises and make binding laws and Instruments for our whole 3 kingdomes Nations Parliaments which no King there ever did in like nature nor their Câ—â—â—cels in any age * See the true state of the case of the Common-wealth of England c. p. 33 34. * Exact Collect p. 888. * A Collection of all publike Orders Ordinances and Declarations of Parliament p. 451 452 457 458. * How have others of late which they stile Parliâ—ments been convened * Yet forcibly dissolved by the Army and some now in Power against their Commissions Oaths Trusts Protestations Covenant and an Act of Parliament for their continuance who may do well to peruse this clause See c. 2. Proposition 6 7. * A Collection c. p. 504. * A Collection c. p. 877 878 879. * And is not all this now proved a reall experimental truth in some of these Remonstrants to their shame * And can most of these Remonstrants in late or present Power now say this in truth or realty and must not they be utterly ashamed confounded before God and man when they consider how they have dissembled prevaricated with God and men herein in each particular * And
can the new Modellers of our Government over and over who were parties to this Declaration then Members of the Commons House say so now or read this without blushing and self-abhorrence * Is not a superintendent power in the Army over above against the Parliament or People far more dangerous likely to introduce such an arbitrary Government in the Nation if lest in the General Officers or their Councels power * Did not the imposing a strange New Engagement and sundry arbitrary Committes of Indemnity c. intâ—râ—upt it in the highest degree and the misnamed high Courts of Justice falsifie this whole clause * Exact Collect. p. 4. 12. 34. 61. 243. 260. 321. 500. 502. * See the humble Remonstrance against the illegall Tax of Ship-money briefly discussed p. 2. c. Englands Birth righ their Treatises The Declaration of Sir Thomas Fairfax and the Army under his Command tendered to the Parliament June 14. 1647. concerning the Just and Fundamental Rights and Liberties of the Kingdome * Walsingham Stow Holinshed Speed Grasion Trussel Baker in 5 R. 2. John Stows Survey of London p. 89. to 103 Mr. St. Johns Argument at Law at Straffords Attainller p. 14. * The Statutes at large Stow Holinshed Speed Grafton Baker Trussel in 10 21 R. 2. 1 H. 4. M. St. Johns Speech concerning the Ship-mony Judges p. 28. to 37. and argument at Law at Straffords Attainder * As some of late years have done * M. St. Johns argument at Law at Straffords Attainder p. 13 14 17. * Hall Fabian Holinshed Speed Graftoâ— Stow Martin Baker * And have not others of late assumed to themselves more Royal power than he resolved to be Treason by 21. â— 3. Rot. Parl. Cooks 3. Institut p 9. * To wit by Cade and his Confederates for the alteration of the laws * See Mr. St. Johns argument against Strafford p. 17. Halls Chronicle and Holinshed * Cooks 3. Institutes p. 9 10. * Cooks 4. Institutes c. 8. p. 89. to 96. * See Speed Hollinshed Grafton Stow Antiquitates Ecclesiae Brit. p. 378. 379. and Godwin in his life * Mr. St. Johns Argument against Strafford p. 14 15. * Cooks 3 Instit c. 1. p. 9 10. Mr. St. Johns Argument at law against Strafford p 15 16. * See the Journals of both Houses Act for his Attainder Mr. Pyms Declaration upon the whole matter of the Charge of High Treason against him Aprill 12. 1641. Mr. St. Johns argument at law at his Attainder and Diurnal Occurrences * See the Commons and Lords Journals his printed Impeachment Mr. Pyms Speech thereat Canterburies Doom p. 25 26 27 38 40. See Chap. 2. Proposition 1. * Do not others now do it who impeached and condemnedhim in an higher degree then he * Is it not so in the New Instrument Article 1. 2 3 4 5 9 10 12 13 16 21 22 24 25 26 27 28 29 30 31 32 33 34 37 38 39 40. 42. of our New Government and those that compiled and prescribed it to the 3 kingdoms * Are there not more such matters contained in the new Instrument of Government than in these * Have not arbitrary Committees in most places done the like or worse in many cases * Have not others done the like in an higher degree * See the Commons and Lords Journals Diurnal Occurrences p. 15 16 19 37 191 to 264. and Mr. St Johns Speech at a Conference of both Houses of Parliament concerning ship money these Judges Togegether with the Speeches of Mr Hide Mr. Waller M. Peâ—rpoint M Denzill Hollis at their Impeachments July 6. 1641. aggravating their offences in Diurnal Occurrences and Speeches p. 237 to 264. * Now others presume to do it without writ of consulting with the judges who condemned it in them See c. 2 Proposition 1. * Have not others been sole Judges of it and other pretended dangers since Nota. * And are they not so now * And did not some at White-Hall do so of late and now too witnesse their volumes of new Declarations Edicts Ordinances there made * Have not others taken up such Principles in their practises proceedings even against Kings Kingdomes Parliament Peers as well as private persons Nota. * Note this all the whole Commons-House opinion then * Is not this an experimental truth now * And were they ever so base cowardly slavish as now * Was ever their power violence so unlimited unbounded in all kinds as now against Kings kingdoms Parliaments Peers People * Is it not most true of late and still Note * See Article 2 2 3 â— 5 10 11 12 13 16 21 22 24 25 26 27 28 29 30 31 32 33 39 p. 45 46. of the Government of the Common-wealth of England c. * Doth not the Declaration of 17 March 1648 and the Instrument of the new Government do it in the highest degree * And others as well as he of far inferiour place estate * But have not our times bred men much bolder than he since this speech was made and he executed * Since he hath many followers * p. 36. * Have none done so since them See Chap. 2. Proposition 1. * Have not other Pioneers and Judasses done the like * This is grown a meer Paradon of late years in Judges souldiers others * What are they now of late times of publike Changes * See 27 H. 8. c. 24. 26. Magna Charta c. 12. 29. 52. H. 3. c. 1 3 5 9 20. 3 E. 1. c. 44 45 46. 13 E. 1. c. 10 12 30 31 35 39 44 45. 25 E. 1. c. 1 2. 27 E. 1. c. 2 3. 34 E. 1. c. 6. 12 E 2. c. 6. 2 E. 3. c. 3. 14 E 3. c. 10. 16. Rastal Justices * Was it ever so frequent a sin as now in all sorts of late Judges Officers Subjects * Do none deserve as severe now * See Cookes 3. Institutes p. 146 147 and page 133. Holinshed page 284 285. Speeds History page 651. Stow Walsingham Daniel in 18 E. 1. * See Cooks 3. Instit p. 145. * Have none of this name or of this Function since done as bad or worse in an higher degree * Let Custodes Legum Libertatum Angliae and those now called Judges remember it * Let the Reporter and others now consider it * 1 Eliz. c. 1 3 Jac. c. 4. 7 Jac. c. 6. * This is nothing incomparison to the late Taxes Ship mony Excises imposed on the subjects without a Parliament amounting to above 20 times as much as the Kings Ship mony and more frequent uncessant and endlesse then it * Are we now beholding to it for any thing against the onely new Law of the longest sword Which takes imposeth what when and how much it pleaseth without accompt or dispute from all sorts and degrees of Persons and that by those who were commissioned trusted engaged by Oaths Protestations Vows League and Covenant to preserve our