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

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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 d●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 ●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 Parliament● 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 Vs●rpers without the least Publike Claim Dissertation Defence Dspute then diligently or couragiously to cōtend or suffer for them of late they did So as that which Paul once taxed in the ●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 de●●ur you if a man take of you if a man ex●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 Declaration● 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 assault●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
excommunicate but judicially to suspend mulct with temporal penalties depose dethrone PVT TO DEATH and destroy any Christian Emperours Kings Princes Potentates by open Sentence War Force secret Conspiracies or private assasinations and to give away their Crowns and Dominions to whoever will invade them by Treason or Rebellion at the Popes command and that in cases of Heresie Schisme Disobedience to Rebellion against the Pope or See of Rome Male-administration refusal to defend the Pope or Church against her adversaries Insufficency to Govern Negligence Tyranny Excesses Abuses in Gove●nment Incorrigibility Vitiousness of Life and NECESSITY OF THE PUBLICK GOOD OR SAFETY OF THE CHURCH STATE OR CAVSE OF GOD as Antonius Sanctarellus the Jesuite particularly defines in his Book De Haeresibus Schismatibus c. printed in Rome it self Anno 1625. who affirms it to be Multum aequum Reipublicae expediens ut sit aliquis supremus Monarcha qui Regum hujusmodi excessus possit corrigere DE IPSIS IVSTITIAM MINISTRARE sicut PETRD concessa fuit facultas PVNIENDI PAENA TEMPORALI imo etiam PAENA MORTIS DICTAS PERSONAS AD AL●●●VM COKKEECMIONEM ET EXEMPLVM Whether the Erection Title of or Proceedings against our beheaded King in the late mis-named High Court of Justice had not their original from hence and whether the Army-Officers derived not their very phrase of bringing the King TO IVSTIEE with their pretended NECESSITY OF PVBLICK GOOD AND SAFETY for it from these very Jesuites or their Agents in the Army let themselves the whole Kingdom and all Wisemen now consider Moreover some of the fifty Authors as Creswel or Parsons the English Jesuite in his Philopater Sect. 2. and De Officio Principis Christiani chap. 5. affirm That the whole School both of their Divines and Lawyers make it a Position certain and undoubtedly to be believed That if any Christian Prince whatsover shall manifestly turn from the Roman Catholick Religion or desire or seek to reclaim others from the same or but favour or shew countenance to an Heretick as they deem all Protestants and Dissenters from the See of Rome in any punctilio such HE PRESENTLY FALLETH FROM LOSETH AL PRINCELY POWER Dignity that By Vertus Power OF THE LAW IT SELF BOTH DIVINE AND HVMANE EVEN BEFORE ANY SENTENCE PRONOVNCED AGAINST HIM BY THE SVPREAM PAS●OR AND IVDGE That thereby his Subjects are absolved from ALL OATHES AND BONDS OF ALLEGIANCE TO HIM AS TO THEIR LAWFUL PRINCE Nay THAT THEY MAY AND OVGHT PROVIDED THEY HAVE COMPETENT POWER AND FORCE TO CAST OVT SVCH A PRINCE FROM BEAKING RVLE AMONGST CHRISTIANS as an Apostate an Heretick a Back-slider a Revolter from our Lord Jesus Christ AND AN ENEMY TO HIS OWN ESTATE AND COMMONWEALTH lest perhaps he might infect others or by his example or command turn them from the faith And that the Kingdom of such an Heretick or Prince is to be bestowed at the pleasure of the Pope with whom the people upon pain of Damnation are to take part and Fight against their SOVERAIGN Out of which detestible and Treasonable Conclusions most Treasons and Rebellions of late time have risen in the Christian World and the first smoke of the Gunpowder-treason too as John Speed observes in his History of Great Britain p. 1250. Whereupon the whole University of Paris censured them An. 1625 and 1626. not onely as most pernioious detestable damnable erroneous and perturbing the publick Peace but likewise as Subversive of Kingdoms States and Republicks seducing Subjects from their Obedience and subjection and stirring them up to Wars Factions Seditions Principum parricidia and the Murthers of their KINGS 2. That the Jesuites have frequently put these Treasonable Seditious Antimonarchical Jesuitical damnable Doctrines into practice as well against some Popish as against Protestant Kings Queens Princes States which they manifest 1. By their poysoning Jone Albreta Queen of Navarre with a pair of deadly perfumed Gloves onely for favouring and protecting the Protestants in France against their violence Anno. 1572. 2. By their suborning and animating James Clement a Dominican Frier to stab King Henry the third of France in the belly with a poysoned Knife whereof he presently died Anno. 1589. for which they promised this Traytor a Saintship in heaven Pope Sixtus the fifth himself commending this foul Fact in a long Oration to his Cardinals as Insigne memorabile sacinus non sine Dei Opt. Max. particulari providentia dispositione ET SPIRITUS SANCTI SUGGESTIONE DESIGNATUM facinusque longe majus quam illud S. Judith quae Holofernum è medio sustulit 3. By Cammolet the Jesuites publick justification of this Clement in a Sermon at Paris Anno 1593. wherein he not only extolled him above all the Saints for his Treason against and murder of Henry the 3. but broke out likewise into this further Exclamation to the people We ought to have some Ehud whether it be a A Monke or A Souldier or a Varlet or at least a Cow-herd For it is necessary that at least we should have some Ehud This one thing onely yet remains behinde for then we shall compose all our Affairs very well and at last bring them to a destred end Whereupon by the Jesuites instigation the same yeer 1593. one Peter Bariere undertook the assasination of King Henry the 4 of France which being prevented and he executed thereupon they suborned and enjoyned one of their own Jesuitical Disciples John Castle a youth of 19 yeers old to destroy the King who on the 27 of December 1594. intending to stab him to the heart missing his aim wounded him onely in the cheek and stroke out one of his teeth for which Treasonable act he was justified applauded as a renowned Saint and Martyr by the Jesuites in a printed Book or two published in commendation of this his undertaking As namely by Bonarscius the Jesuite in his Amphitheatrum Franciscus Verona Constantinus a Jesuite in his Apologiapro Iohanne Castello contra Edictum Parliamenti supplicium de eo ob Parricidium sumptum An. 1595. Where he thus writes of the attempt upon Hen. 4. Whosoever diligently ponders that Henry was excommunicated an Heretick relapsed a prof●ner of holy things a declared publick enemy an oppressor of Religion and thereupon a person secluded from all right to the Kingdom and therefore a Tyrant not a King an Vsurper not a lawful Lord he verily unless he be mad and destitute of humane sence and love towards God the Church and his Country cannot otherwise think or speak but that the fact of Castle was generous conjoyned with Vertue and Heroical to be compared with the greatest and most praise-worthy facts which the ancient Monuments of Sacred and Prophane Histories have recorded One thing onely may be disliked namely That Castle hath not utterly slain and taken him from the midst of us In sum He denies this Henry to be any King of France by right