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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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King was Ingaged in the wars against the Scots with certain prayers added For their good success in that Designe against the Scots For the more effectuall carrying on whereof the Popes Nuncio with the Colledge of Jesuites then in Queen-street secretly summoned a kind of Parliament of Roman Catholicks and Jesuites in London out of every County of England and Wales in which Conne the Popes Nuncio sate President by the Queens commission and direction in April 1639. Who granted and collected an extraordinary large Contribution by way of Subsidy from the Papists to carry on this war against our Protestant Brethren of Scotland and raise forces to joyne with the Spainards whom they then expected to cut the English Protestants throats The Jesuitical and Prelatical Popish party much displeased with the defeat of this their Plot by the unexpected Pacification with the Scots 1639. induced the King soon after to break and revoke it Anno 1640. the very year of the Jesuites Jubilee which they solemnized in all places being the 100. yeer from the first Erection of their Order by Ignatius Anno 1540. they caused a new Army to be raised and sent into the North against the Protestants of Scotland to subdue destroy them At the same time they secretly listed an Army of no less then 7000. Romish Catholickes kept in private pay of purpose To cut the Protestants throats who should resist them and to Conquer the Protestants in England first and then in Ireland which Designe they were to put in execution when the Pope or his Legat with the Spanish French and Venetian Ambassadours should appoint who designed them to begin to execute it When the King went into Scotland against the Scots as O Conner the Queen-Mothers Priest confessed to Anne Hussey who justified it to the Lords of the Councel then and afterwards before the Lords in Parliament upon her Oath The Jesuites were so confident of the good success of their designes amongst us and compleat Victory over all the Protestants throughout the world this yeare of their Jubilee making Triumph over their Enemies one of their Notes of the true Church that they appointed a solemne Enterlude to be acted by their Society in the publique Hall at Aquisgran in Germany in honour of their Jubilee wherein they signified to the people by printed Tickets and Pageants that the Popish Church of Rome should be brought in upon the Stage happily fighting against triumphing and reigning over all her enemies every where throughout the world in all ages till that present day and especially of later times by their meanes The beginning of this Enterlude being happily acted and succeeding according to their mindes at last there were two Armies of soldiers brought by them upon the Stage ready to encounter each other the one of Jesuites and Papists fighting for the Church of Rome the other representing the Protestants warring against her Before their fight a Jesuitical actor clad in black personating a Popish Masse-Priest divineth good success to the Popish Army praying for it with an affected devotion and solemne invocation or rather profanation of Gods name after which the Popish Army of actors as being certain of the instant victory uttered these words to their Captain as their parts directed them with a loud reiterated voyce and shout Pereat Pereat Quisquis est hostis Ecclesiae Let him perish let him perish whoever is an enemy of the Church whereupon a great part of the Stage on which they acted together with the whole Popish Army not one Souldier or Captain excepted at the repeating of these words and wishes fell to the ground immediately with so great celerity that many of them felt they were fallen down before they discerned themselves to fall their feigned enemies of the Church representing the Protestants standing all fast at least in place if not in mind on the other part of the Stage which fell not at all With this sudden fall many of the Popish Army were bruised in peeces with the beames of the Stage falling upon them who through pain and horror needed Monitors to silence their outcries others having their bones broken and Limbes put out of joynt were carried to the Chirugions to be dressed and all the rest confounded with shame crept away secretly under the Veile to their Lodging And so this Jesuitical Enterlude by divine justice ended in a real unexpected bloody Tragedy and real rout of the whole pretended victorious Popish Army of Jesuites and the Scotish Wars that yeer which they so much depended on through Gods mercy concluded in a blessed Peace and Union between both Nations Whereupon the Irish Popish Rebels by the Jesuites Plots and instigations seconded with secret encouragements and promises of assistance with Arms and Moneys from Cardinal Richliou the King of Spain Pope and other forraign Popish Princes undertook the late horrid bloody Massacre of all the Protestants in Ireland and surprisal of all the Forts Castles Arms and Ammunition therein on the 23 of October 1641. being Ignatius day the Founder and New Canonized Saint of the Jesuited Society for the greater Honour of their Patron Order they being the chief Plotters of this horrid bloody Treason Which horrid Conspiracie though happily discovered the night before its execution at Dublin and some few places else yet it took effect in most other parts of Ireland to the slaughter of neer two hundred thousand Protestants there in few months space seconded with a bloody Warre for sundry years to the losse of many thousands more lives To this Plot all the Papists in England were privy who intended the like Massacre in England and soon after by the Popes and Jesuits instigations by the assistance of sorragin Popish Princes they eugaged the King and Parliament in a long-lasting bloody uncivill unchristian war against each other concluding in the Kings and Parliaments joynt ruines by an Army raised for their mutual defence seduced thereunto through the Jesuits instigations and policies After which they engaged the Protestants of England and Scotland formerly united by the strictest B●nds and Covenants against them to war upon invade and destroy each other by land and soon after that by the Spanish Agents Assistance raised a most dangerous bloody Warre between our Protestant old Allies of the Neitherlands and the English by Sea to the infinite dammage prejudice of both and the effusions of whole Oceans of the Gallantest Christian Protestant blood that ever yet was shed the expence of more treasure and men in these intest●●e Wars than would have conquered all Spain Italy and the Indies had they been imployed upon such a designe and to the entailing of a perpetuall Army on us and our Posterities more ready as we have of late years found by sad experiments to hearken to the Jesuits clandestine suggestions ●eductions and execute their fore-plotted Designes to ruine our Kingdomes Parliaments Laws Liberties Monarchy
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 b● 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
to settle Religion in the purity thereof TO MAINTAIN THE ANCIENT and FUNDAMENTALL GOVERNMENT OF THIS KINGDOME TO PRESERVE THE RIGHTS and LIBERTIES OF THE SUBJECT to lay hold on the first opportunity of procuring a safe and well grounded peace in the three Kingdoms and to keep a good understanding between the two Kingdomes of England and Scotland according to the grounds expressed in the Solemn League and Covenant And lest these generals should not give a sufficient satisfaction we have thought fit to the end men might no longer be abused in a misbelief of our intentions or a misunderstanding of our actions to make a further enlargement upon the particulars And first Concerning Church-Government c. because we cannot consent to the granting of an Arbitrary and unlicensed Power and Jurisdiction to neer ten thousand Judicatories to be erected within this Kingdome and this demanded in such a way as is not consistent with the FVNDAMENTAL LAWS and GOVERNMENT OF THE SAME c. Our full resolutions still are sincerely really and constantly to endeavour the Reformation of Religion in the Kingdome of England and Ireland in Doctrine Worship and Government according to the word of God and the example of the best Reformed Churches and according to the Covenant WE ARE SO FARRE FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOME BY KING LORDS and COMMONS that we have onely desired that with the consent of the King such Power may be settled in the TWO HOVSES without which we can have no assurance but that the like or greater mischiefs than those which God hath hither to dilivered us from may break out again and engage us in a second and more destructive war whereby it plainly appears Our intentions are not to change the Antient Frame of Government within this Kingdome but to obtain the end of the Primitive Institution of all Government The safety and weal of the People not judging it wise or safe after so bitter experience of the bloody consequence of a pretended Power of the Militia in the King to leave any colourable authority in the same for the future attempts of introducing AN ARBITRARY GOVERNMENT OVER THIS NATION We do declare That we will not nor any by colour of any Authority derived from us shall interrupt the ordinary course of Justice in the severall Courts of Judicatories of this Kingdome nor intermeddle in the cases of private interest other where determinable unlesse it be in case of male-Administration of Justice wherein we shall see and provide that Right be done and punishment inflicted as there shall be occasion ACCORDING TO THE LAWS OF THE KINGDOME Lastly Whereas both Nations have entred into a Solemn League and Covenant we have and EVER SHALL BE VERY CAREFULL DULY TO OBSERVE THE SAME that as nothing hath been done SO NOTHING SHALL BE DONE BY US REPUGNANT TO THE TRUE MEANING AND INTENTION THEREOF c. WHO WILL NOT DEPART FROM THOSE GROUNDS AND PRINCIPLES upon which it was framed and founded Though the generality of the afterwards secured and secluded Majority of the House of Commons endeavoured constantly to make good this Declaration in all particulars yet how desperatly the garbled Minority thereof continuing in power after their Seclusion prevaricated apostatized and falsified their Faith herein in every particle in the highest degree we cannot but with greatest grief of heart and detestation remember to the subversion ruine of our King Lords Commons Kingdome Parliaments Fundamentall Laws Government and the peoples Liberties c. almost beyond all hopes of restitution or reparation in humane probability without a miracle from heaven The Lord give them grace most seriously to consider repent of and really sincerely reform it now at last and to make it the principle subject of their prescribed publike Humiliations Fasts and Lamentations as God himself prescribes Isa 58. 5 6 7 8. Jer. 34. 8. to 22. Ezech. 19. 1. 14. Hos 10. 3 4. and not still to adde drunkennesse to thirst lest they bring them to temporall and eternal condemnation for it in Gods own due time and engender endlesse Wars Troubles Taxes Changes Confusions in our Kingdomes as they have hitherto done and will do till all be restored to their just Rights Powers Places Possessions and Liberties By this full Jury of Parliamentary Authorities to omit many others of like or inferiour nature and lesse moment it is undeniable That the people of England have both ancient Fundamentall Rights Liberties Franchises Laws and a Fundamental Government which like the Laws of the Medes and Persians neither may nor ought to be altered or innovated upon any pretence but perpetually maintained defended with greatest care vigilancy resolution and he who shall deny or oppugn it deser●●s no refulation by further arguments since it is a received Maxime in all Arts Contra Principia negantem non est disputandum but rather demerits a sentence of Condemnation and publike execution at Tyburn as a Common Enemy Traitor to our Laws Liberties Nation it being no lesse than a transcendent crime and High Treason by our Laws for any person or persons secretly or openly to attempt the undermining or subversion of our fundamental laws rights Liberties Government especially by fraud treachery force or armed power and violence the later part of my first proposal which I shall now confirm by these twelve following Presidents and Evidences corroborating likewise the former part That we have such Fundamental laws liberties rights franchises and a fundamental Government too In the fifth year of King Richard the second the vulgar rabble of people and villains in Kent Essex Sussex Norfolk Cambridge-shire and other Counties under the Conduct of Wat Tyler Jack Straw and other Rebels assembling together in great multitudes occasioned at first by the new invented Tax of Poll-money granted by Parliament and the over-rigorous levying thereof on the people by the Kings Officers though nothing so grievous as our Excises Contributions new Imposts now so long exacted without any legal Grant in true free and full English Parliaments resolved by force and violence to abrogate the law of Villenage with all other laws they disliked formerly setled to burn all the Records kill and behead all the Judges Justices and men of law of all sorts which they could get into their hands to burn and destroy the Inns of Court as they did then the new Temple where the Apprentices of the law lodged burning their Monuments and Records of Law there found to alter the tenures of lands to devise new laws of their own by which the Subjects should be governed to change the ancient Hereditary Monarchicall Government of the Realm and to erect petty elective Tyrannies and Kingdomes to themselves in every shire A project eagerly prosecuted by some Anarchicall Anabaptists Jesuits Levellers very lately and though withall they intended to destroy the King at last and all the Nobles too when they had gotten sufficient power yet at first to
for such ends by colour of this ill tuned Instrument contrived privatly by themselves alone as most conjecture for their own self-interests to impose perpetuall Imposts Excises Customes Contributions of all kinds on our whole three Kingdoms and Nations which neither they nor their Parliaments though never so grievous extravagant unreasonable or oppressive shall have power to take away diminish alter or regulate in the forecited illegall oppressing violent wayes of levying them unless their Grand Soveraign Lord Protector shall first give his consent thereto which they cannot expect nor enforce and in cale of his refusall they are utterly left remediless he having Thirty thousand armed Mercenary Horse and Foot in severall Quarters by Land and a strong numerous Navy by Sea at his command to keep them under endless Tributes to him and his Successors for ever O England England to omit Scotland and Ireland consider seriously and timely to what a blessed Liberty and long-expected freedome this New invented Instrument and the Irish Harp lately quartered with the English bloody Cross as our Free-State Arms hath now at last reduced thee if these objected Articles must remain inviolable maugre all our Laws Statutes c. to the contrary as our New Tax-masters and their Instruments both literally and practically conclude unlesse you use your uttermost lawfull present diligent joynt Endeavours to prevent it 〈…〉 4ly The whole House of Commons yea some who were parties to this Instrument lately impeached and with the Lords ●ouse by judgement of Parliament condemned beheaded the Earl of Strafford and Archbishop of Canterbury as guilty of High Treason in subverting our Fundamental Lawes Liberties and setting up an arbitrary Tyrannical Government for resolving at the Councel Table before-hand To assist the King to raise Monies on the Subjects to carry on the Warres against the Scots by extraordinary wayes in case the Parliament should prove peevish and refuse to grant such Subsidies as they demanded of them And for Straffords affirming That Ireland was a Conquered Nation and that the King might do with them what he pleased That they were a Conquered Nation and were to expect Lawes as from a Conqueror And that he would make an Act of Councel board in that Kingdom of Ireland as binding as an Act of Parliament And do not the Objectors Contrivers of this New Instrument Articles and those who now vigorously put it in execution in any kind as too many do speak out and do as much as bad as they in each of these particulars nay farre more and worse Do not they after the late violent breaches of our former Parliaments and their own Junctoes by the Army raise monies in more vast proportions by more irregular violent extraordinary wayes by longer continued Taxes Excises Impositions and constant yearly Revenues then they ever did or designed quite out of Parliament by their own arrogated Legislative Tax-imposing Power Do not they by this very Instrument proclaim to all the world that not only Ireland and Scotland but England it self is now a meer Conquered Nation that thereupon they may do with us what th●y please and we must not only expect but receive Lawes from them as Conquerors having already published whole Volumes of New-Laws and Ordinances of all sorts at their New-erected Councel board which the Old never did and made them as binding not only to Ireland but England and Scotland too as an Act of Parliament yea farre more binding than any Parliament Acts by binding the hands power of future Parliaments themselves and our three whole Nations as aforesaid and that in Perpetuity which no Parliaments nor Acts of Parliament can do and by repealing nulling all our former Fundamental Laws Charters Liberties Free Government made by Parliaments with our very Parliaments themselves And if so let the Objectors now seriously consider both the Treasonableness unparliamentalness sad Consequences of this Objection and what ill effects it may produce in present or future ages 5ly The Statutes of 25 E. 1. c. 2. 42 E. 3. c 2. yet in force declare All judgements given or to be given by the Justices or any other contrary to the points of the Great Charter to be void and holden for Nought and if any Statute be made to the contrary it shall be holden for none Therefore these Instrument Articles and Paper Ordinances made by colour of them in direct opposition to and subversion of the points of the Great Charter and all other Acts for their confirmation must needs be holden for nought and void to all intents to bind this whole Free-born Nation or any one Freeman of England in particular 6. If these Articles and Instrument for the premised reasons and defect of Legal power in the yet unknown Instrument-makers be not void in Law to all intents and purposes as all wise men repute them yet other clauses and Articles of this very Instrument admit it valid and obligatory to our Nations give a fatal blow to all the forementioned Excises Impositions Contributions by colour thereof and to the Objected Articles First the Prologue to the Oath at the close thereof proclaims the Government setled by it to be such as by the blessing of God might be lasting secure Property and answer The Great Ends of Religion and Libertie so long Contended for But these Articles as the Objection and premises evidence do no wayes secure but utterly subvert all Property in the highest degree and answer not but eternally frustrate abolish the Great ends of our Religion condemning all illegal unrighteous Taxes and Tyrannical Usurping Oppressing arbitrary Powers but especially of our Liberties so long contended for and are rather likely to raise new troubles and unsettlements than make the Government lasting as many late Presidents with those ancient ones in Dr. Beard his Theatre of Gods Judgements l. 2. c. 36. to 42. may perswade us Therefore it must be exploded as repugnant to the whole scope of the Instrument 2. The 6. Article of it is fatall and destructive to the objected Articles viz That the Laws shall not be altered suspended abrogated or repealed nor any New Law made Nor any Tax Charge or Imposition laid upon the People but by common consent in Parliament Save Only as is expressed in the 30th Article not 27. Now these objected 27 28 29 Articles being diametrically contrary to every word clause of this 6 Article and agreeable to our Fundamental Laws which the last clause of the Oath obligeth their Protector and his Successors to maintain and to govern the People by which Laws must be all altered suspended abrogated repealed by these Articles alone if reputed valid in giving Power to them to impose any Tax Charge Imposition upon the People without common consent in Parliament and being not within the saving of this or the 30th Article must needs be void and repealed by this very sixt Article and the Oath it self 3. The 30th Article following them diametrically contradicts repeals them in
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 Ch●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
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 sott●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
caused all both small and great rich and poor free and bond to receive the ma●k of the Beast in their right hand and in their foreheads and none might buy or sell but he that had this mark and as many as would not worship this Beasts Image were ordered to be killed Yet this Blasphemous Beasts reign and power continued but forty two Months Rev. 13. 5. This Beast in the height of his Power and Victories was by God himself threatned to go into captivity and be killed with the Sword as he had led others into captivity and killed them with the Sword ver 10. All his followers and worshippers shall soon after drink of the wine of Gods wrath and be tormented with fire and brimstone c. Rev. 14. 9 10 11. The Saints at last shall get the victory over this Beast Rev. 15. 2. And the Beast himself notwithstanding all his former Victories Friends and great Armies was at last taken and his false Prophet with him and were both cast alive into a lake burning with fire and brimstone and all his Forces were slain with the Sword and the fowls were filled with their flesh Rev. 19. 18 19 20 21. From which Texts I have frequently silenced confounded some of our conquering Army-Officers and Souldiers whiles prisoner under them when they were vapouring of their Great Victories Successes and concluding from thence both their Saintship and the Goodness of their Actions saying oft-times like the Beasts followers here Who is able to make war with us And that with these genuine deductions from these Texts which they could not reply against worthy all Souldiers and others saddest meditations 1. That God may nay oft-times doth give great power to the very worst and most blasphemous of all Men and Beasts that not only over one or two but many Tongues Nations as in this Text and Dan. 7. 3 to 29. c. 8. 4. to 27. 2. That such Beasts many times may and do not onely make war with but even overcome the very Saints themselves in battel as the Babylonians Assyrians and other ungodly Beasts did the Israelites Gods own Saints and People Psa 79. 1 2 c. Dan. 7. 21 23 24 25. Isa 10. 5 c. c. 14. 16 17. Jer. 26. 6 7 8. c. 25. 9. c. yet they were but blasphemous Beasts and wretches still not Saints 3. That if such Beasts have but Great Power and Success in their Wars Enterpri●es against their Enemies or the Saints themselves though their mouths utter blasphemy against the God of Heaven his Name Tabernacle Saints though their Actions Designs be never so impious atheistical treasonable detestable their power but short and fading yet whiles they are in Power and Prosperity the whole world will wonder run after worship flatter Saint Deifie and Adore them for Gods as Alexander the Great and Julius Caesars friends flatterers did them and some wicked Popes Favourites them too yea set up and worship their very Images receive their marks in their hands foreheads and extol them to the skies saying Who is like unto the Beast who is able to make war with him 4. That such adulatious Speeches Vaunts Practises as these and such Arguments of Saintship of the Goodnesse of mens causes undertakings actions only from their present Power Victories and Successes are the arguments practises of worldly earthly beastly men of worshippers of the Beast and Dragon of Assyrians Turks Popes not of the Elect real Saints of God Whose names are written in the Lambes Book of life who will neither flatter worship nor adore such Beasts nor receive their marks in their hands or fireheads though they be prohibited to buy or sell or slain for refusing it by their Instruments Rev. 13. 8 15 17. Dan. 3. 12. to 29. 5. That such Beasts in power will never want under-Beasts and Instruments nor yet false Prophets to perswade or enforce Obedience and Subjection to them even by dis-franchisements death lying wonders flattering Prophecies Speeches Sermons and Hypocritical Mock-fasts 6. That the Power and Dominion of such Beasts is given and derived to them immediatly by the Dragon the Prince of the power of the Air only by Gods permission not his approbation Rev. 13. 2. Hos 8. 4. 2 Thess 2. 4 8 9. And that in wrath for the punishment of the Peoples sins and destruction greater condemnation of the beasts themselves at last Hos 13. 11. Rev. 13. and 14 and 19. Psal 94 23. Ier. 51. 24 c. c. 5 ● throughout Hab. 2. 6 7 8. 7. That this their Dominion Raign and Triumph is commonly very short like this Beasts here for forty two Months Rev. 13. 5. which is but three years and an half Julius Caesar that great first Conqueror of this Island and a great part of the World usurping the supream Power over the Roman Senate and changing the Government lived only FIVE MONTHS A SOVERAIGN LORD IN PEACE though some compute his whole dominion 3 years and 7 months and then was suddenly stabbed to death in the Senate-House by those friends in whom he reposed greatest trust for his Tyrannical Usurpations and alteration of their former Government for endeavouring as was suspected to make himself KING OF THE ROMANS though he rejected the Title of King when offered unto him by M. Antonius saying That Jove was only King of the Romans that so he might seem to be compelled to receive it by the people being their King before in deed though not in name and for saying That the Commonwealth was but a Voice or Name without a Body or Substance Nullum violentum est diuturnum See Isa 10 and 14. Iob. 20. 4 5 c. Psal 37 and 73. Psal 92. 6 7. Isa 17 13 14. 2 Chron. 23. and Sir Walter Rawlies Preface to his History of the World worthy serious perusal by the Grandees of these times 8. That in conclusion such Conquering Usurping Beasts notwithstanding all their Power Friends Followers Confederates Armies Policies are usually conquered taken slain on Earth and cast into the Lake burning with fire and brimstone for ever for their Tyrannies Blasphemies Bloodsheds Oppressions of the People and Gods Saints and their Confederates Armies false Prophets followers adorers destroyed with them even on earth and then made to drink the Cup of Gods wrath fury and torments for ever in hell Isa 10 and 14. Jer. 50. and 51. Rev. 19. 19. 20 21. c. 6. 15 16 17. 9. That though they continue Conquerors and victorious for many years and conquer not only one two or three but many Kings and Kingdoms cut off not only the thumbs of their Kings that they might not lift up a Sword against them and their great toes that they may not run from them but their Heads too Yet God at last in his retaliating Justice doth usually pay them home in their own coyne as is evident not onely by Bajazet the Turkish Emperour our King Penda who slew no lesse
after so many Declarations and solemn Protestations made by his Majesty to rule by the known Laws of this Land his Majesty by advice of his ill Councellors should be perswaded to set such a Commission on foot which is so clearly contrary TO THE FUNDAMENTAL LAWS OF THIS LAND the Rights of Property and Liberty of the Subject contrary to former resolutions of Parliament and to the Petition of Right I am certain the generality of the Nation are now as much and more agrieved that some who were Parties to this Declaration and others who have made as many or more Declarations Protestations as his Majesty ever did to rule by the known laws of the Land should since this far exceed his Majesty in the like nay greater more exorbitances in the Militia Excises Taxes Impositions Imprisonments arbitrary extravagant proceedings capital executions in new erected Courts of Injustice and whole volumes of new binding Ordinances as they term them and their ill-sounding Instrument obliging all our three Nations both for the present all future ages in their intention as diametrically contrary as the Kings Commissions of Array to the Fundamentall Laws of the Land four times together so stiled and insisted on as such in this one Declaration of both Houses the Right of Property of the Subject contrary to former Resolutions and the Petition of Right yea which is most abominable to their own Declarations Remonstrances Votes Protestations Vows Solemne Leagues and Covenants in Parliament to their own eternall Infamy as well as the peoples intolerable oppression and slavery who thereupon may justly conclude and protest against them as both Houses did in the close of this Declaration against the Array viz. And the Lords and Commons do and shall adhere to their former Votes Resolutions That all those that are Actors in putting of this Commission of Array these Instruments Ordinances new Taxes Imposts Excises in execution shall be esteemed disturbers of the Peace of the Kingdome and of the Properties and Liberties of the Subject 10. The tenth Evidence is the Vote and Letter of both Houses of Parliament sent to his Majesty at Oxford 9. March 1643. in Answer to his Majesties of the third of March and wherein there is this passage We the Lords and Commons assembled in the Parliament of England c. Have resolved with the concurrent advice and consent of the Commissioners of Scotland to represent to your Majesty in all humility and plainnesse as followeth That this present Parliament convened according to the known and FUNDAMENTAL LAWS OF THE KINGDOME the continuance whereof is established by a law consented to by your Majesty is in effect denied to be a Parliament c. And hereupon we think our selves bound to let your Majesty know That since the continuance of this Parliament is settled by a Law which as all other laws of your Kingdome your Majesty is sworn to maintain as we are sworn to our Allegiance to your Majesty those Obligations being reciprocall we must in duty and accordingly are resolved with our Lives and Fortunes to Defend and preserve the ●ust Rights and full Power of this Parliament To which the Earle of Essex then General by both Houses order in his Letter to the Earle of Forth January 30. 1643. adds this Corolary My Lord the main●enance of the Parliament of England and the Priviledges thereof is that for which we are resolved to spend our bloud as being THE FOVNDATION WHEREON ALL OVR LAWS AND LIBERTIES ARE BVILT Which both the Lords and Commons assembled in Parliament in their Declaration 23. March 1643. touching their proceedings upon his Majesties Letter concerning a Treaty of Peace wherein this Earls former letter is recited thus second The Parliament of England is the onely Basis the chief Support and Pillar of our Laws and Liberties c. And if notwithstanding all these Obligations the King shall at his pleasure dissolve this Parliament the Kingdome is not onely deprived of the present but made uncapable of enjoying the benefit of any future Parliament or Laws any longer than shall stand with the will and pleasure of the King and consequently THE FUNDAMENTALS OF ALL OUR LAWS AND GOVERNMENT ARE SUBVERTED Let the Parliament-purging securing sequestring dissolving Officers Army and their Confederates seriously ponder this yea let all the whole English Nation and their Trustees who shall hereafter sit in Parliament consider and reform it in the first place if ever they expect any Freedome free Parliaments Peace settlement enjoyment of their Fundamental Laws Rights or Liberties for the future depending on our Parliaments Freedome and exemption from all force and violence on its Members The eleventh is the Ordinance of both Houses of Parliament 13. Junii 1644. For the Forces raised in the County of Salop which begins thus The Lords and Commons assembled in Parliament taking into their serious considerations the great Oppressions under which the Inhabitants of the County of Salop lie by reason the insupportable Taxes c. and the present condition of the County by reason of the great number of Irish Rebels that have invaded it and joyned with Papists and other ill affected Persons now in those parts which threaten the extirpation of the Protestant Religion and the subversion of the FUNDAMENTAL LAWS and GOVERNMENT OF THE KINGDOM For prevention whereof c. A direct Ordinance in point The twelfth is a Declaration of the Commons of England assembled in Parliament 17. Aprilis 1646. Of their true intentions concerning the ANCIENT and FUNDAMENTAL GOVERNMENT OF THE KINGDOME securing the people against ALL ARBITRARY GOVERNMENT c. wherein they complain That the Enemy being in dispair to accomplish his Designes by War do mis-represent our intentions in the use we intend to make of the great successes God hath given us and the happy opportunity to settle Peace and Truth in the three Kingdomes to beget a belief that we now desire to exc●ed or swerve from our first Aym's and Principles in the undertaking of this War and to recede from the Solemn League and Covenant and Treaties between the two Kingdomes and that we would prolong these uncomfortable troubles and bleeding distractions IN ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION AND FRAME OF THIS KINGDOME to leave all Government in the Church loose and unsettled and ourselves to exercise THE SAME ARBITRARY POWER OVER THE PERSONS and ESTATES OF THE SVBJECTS which this present Parliament hath thought fit to abolish by taking away the Star-Chamber High-Commission and other arbitrary Courts and the exorbitant Power of the Council Table all which we have seen experimentally verified in every particular in the highest degree notwithstanding this Declaration by some in late and present power and new White-hall Council Tables exceeding the old in illegal Taxes Law-making and other extravagances All which being seriously considered by us c. We do declare THAT OUR TRUE and REAL INTENTIONS ARE and OUR ENDEAVOUR SHALL BE
Ecclesiasticall Censures Excommunication Suspension Deprivation and Degradation CONTRARY TO THE LAWS of this kingdome Thirteenth He did by his own authority and power contrary to Law procure sundry of his Majesties Subjects and enforced the Clergy of this Kingdome to contribute towards the maintenance of the War against the Scots That to preserve himself from being questioned for these other his Traiterous courses he hath laboured to subvert the Rights of Parliament and the ancient course of Parliamentary proceedings and have not the Army Officers and others actually done it since upon the same accompt and by false and malicious slanders to incense his Majesty against Parliaments All which being proved against him at his Triall were after solemn Argument by Mr. Samuel Brown in behalf of the Commons House proved and soon after adjudged to be High Treason at the Common Law by both Houses of Parliament and so declared in the Ordinance for his Attainder for which he was condemned and beheaded as a Traitor against the King Law and Kingdom on Tower Hill January 10. 1644. 11. In the same Parliament December 21. Jan. 14. Febr. 11. 1640. and July 6. 1641. Sir John Finch then Lord Keeper Chief Justice Bramston Judge Berkley Judge Crawly Chief Baron Davenport Baron Weston and Baron Trevour were accused and impeached by the House of Commons by several Articles transmitted to the Lords OF HIGH TREASON for that they had Traiterously and wickedly endeavoured to subvert the Fundamental Laws and established Government of the Realm of ENGLAND and instead thereof to introd●ce an Arbitrary and Tyrannical Government against Law which they had declared by traiterous and wicked words opinions judgements and more especially in this their extrajudiciall opinion subscribed by them in the case of Ship money viz. We are of opinion that when the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger your Majesty may by Writ under the Great Seal of England without consent in Parliament command all your Subjects of this your Kingdome at their charge to provide and furnish such a number of Ships with Men Victuall and Ammunition and for such time as your Majesty shall think fit for the Defence and safeguard of the Kingdome from such danger and perill And we are of Opinion that in such case your Majesty is the sole Judge both of the danger and when and how the sume is to be prevented and avoided And likewise for arguing and giving judgment accordingly in Mr. John Hampdens case in the Exchequer Chamber in the point of Ship money in April 1638 which said opinions are Destructive to the Fundamental Laws of the Realm the Subjects Right of Property and contrary to former Resolutions in Parliament and the Petition of Right as the words of their severall Impeachments run Sir John Fin●h fled the Realm to preserve his head on his shoulders some others of them died through fear to prevent the danger soon after their Impeachments and the rest who were lesse peccant were put to Fines 12. Mr. John Pym in his Declaration upon the whole matter of the charge of High Treason against Thomas Earl of Strafford Aprill 12. 1641. before a Committee of both Houses of Parliament in Westminster Hall printed and published by Order of the House of Commons proves his endeavour to subvert the Fundamental Laws of England and to introduce an Arbitrary Power to be High Treason and an offence very hainous in the nature and mischievous in the effects thereof which saith he will best appear if it be examined by that universall and supream Law Salu● Populi the element of all Laws out of which they are derived the end of all Laws to which they are designed and in which they are perfected 1. It is an offence comprehending all other Offences Here you shall finde several Treasons Murthers Rapines Oppressions Perjuries There is in this Crime a Seminary of all evils hurtfull to a State and if you consider the Reasons of it it must needs be so The Law is that which puts a difference betwixt good and evill betwixt just and unjust If you take away the law all things will fall into confusion every man will become a law to himself which in the depraved condition of humane nature must needs produce many great enormities Lust will become a Law and Envy will become a law Covetousnesse and Ambition will become laws and what Dictates what decisions such laws will produce may easily be discerned in the late Government of Ireland and England too since this The law hath a power to prevent to restrain to repair evils without this all kindes of mischiefs and distempers will break in upon a State It is the Law that intitles the King to the Allegiance and Service of his people it intitles the People to the Protection and Justice of the King c. The Law is the Boundary the measure betwixt the Kings Prerogative and the Peoples Liberties whiles these move in their Orbe they are a support and security to one another but if these Bounds be so removed that they enter into contestation and conflict one of these great mischiefs must needs ensue if the Prerogative of the King overwhelm the Liberty of the people it will be turned into Tyranny If Liberty undermine the Prerogative it will turn into Anarchy The Law is the safegard the custody of all private interests your Honours your Lives your Liberties and your estates are all in the keeping of the Law without this every man hath a like Right to any thing and this is the condition into which the Irish were brought by the Earl of Strafford and the English by others who condemned him And the reason which he gave for it hath more mischief than the thing it self THEY ARE A CONQUERED NATION let those who now say the same of England as well as Scotland and Ireland consider and observe what followes There cannot be a word more pregnant and fruitfull IN TREASON than that word is There are few Nations in the world that have not been conquered and no doubt but the conquerour may give what Laws he please to those that are conquered But if the succeeding Parts and Agreements do not limit and restrain that right what people can be secure England hath been conquered and Wales hath been conquered and by this reason will be in little better case than Ireland If the King by the Right of a Conquerour give Lawes to his people shall not the people by the same reason be restored to the Right of the conquered to recover their Liberty if they can What can be more hurtful more pernicious than such Propositions as these 2. It is dangerous to the Kings Person and dangerous to his Crown it is apt to cherish ambition usurpation and oppression in great men and to beget sedition discontent in the people and both these have been and in reason must ever be great causes of trouble
extravagant Heavy Taxes Contributions from the exhausted Free-born People of England especially being now pretended new Free State against all our Fundamental Lawes Statutes Franchises Charters Properties Liberties Records Parliamentary Iudgements their own late Remonstrances Declarations Votes the Presidents of all former ages yea of all our Kings coming in by the Sword to their Thrones let the Imposers of them seriously advise as they will answer it at their utmost peril to God Men and the whole English Nation who expected better things from them even a total final exemption from all such illegal Burthens after all their late Wars Agonies Expences to redeem and preserve their Lawes Liberties Estates Properties Posterities from such exorbitant Oppressions diametrically contrary to all the forecited Iudgements Resolutions Remonstrances Statutes Votes Presidents and sundry others which I shall hereafter insist on in the third Chapter of this Treatise to which I must refer you And shall we not then adventure a distresse a Prison quartering upon or any other Duresse yea Death it self rather than volutarily submit our selves and Posterities backs thereto when as we spend our Bloods Lives Treasures against lesser easier Royal Impositions How shall we answer it to God Men or our enslaved Posterities if we now most safely unworthily submit thereto in perpe●uity without the least legal strenuous publick oppression or debate of its legality If any here allege as some men do in Iustification of these three or rather four forecited kinds of illegal universal Taxes imposed levied on the whole Nation without consent of Parliament That they are all warranted by the Instrument of the new Gevernment Article 27 28 29. That a constant yearly revenue shall be raised setled and established for maintaining Ten Thousand Horse and Dragoons and Twenty Thousand Foot in England Scotland and Ireland for the Defence and security thereof and also for a convenient number of Ships for guarding the Seas besides two hundred thousand pounds per annum for defraying other necessary charges for Administration of Iustice and other expences of the Government which Revenue shall be raised by the Customes and such other ways and means which shall be agreed u●o● By the Lord Protector and Council and shall not be taken away or diminished nor the way agreed upon for the raising of the same altered but by consent of the Lord Protector and the Parliament That the said yearly Revenue shall be paid into the publick Treasury and issued out for the uses aforesaid That in case there shall not because hereafter to keep up so great a Defence at Land or Sea but that there be an abatement made thereof The Mony which shall be saved thereby shall remain in banke for the Publick service c. All which they in the True state of the Case of the Common-wealth p. 43 44 commend for a most excellent Provision A co●stant Revenue A Publike Bank or Treasury upon all occasions c. which they intend to perpetuate on the whole Kingdom without end or abatement as well in times of peace safety as of war and danger Therefore the Protector and his Counsell at Whitehall in pursuance hereof may lawfully impose by vertue of these Articles both Excise Customs Tonnage Poundage Ship-money and contributions for these ends upon our three whole Kingdoms and all the Freeborn English by printed Ordinances of their own in what Proportions and for what time they please yea and for perpetuity without consent or grant in Parliaments and restrain all future Parliaments both from taking away or diminishing them or altering the way agreed on for their raising without their Protectors consent thereto as the expresse words run and their practise yet expounds them notwithstanding all former Laws Statutes Charters Resolutions Iudgements Remonstrances Oathes Vowes Declarations Presidents either in or out of Parliament to the contrary To this I answer first that I cannot but stand amazed to hear any Army-Officers Souldiers Lawyers or persons in present trust or power who bear the name or hearts of English Freemen Saints Christians Lovers Patriots or Protectors of their Native Country of England its Parliaments Laws and Liberties to make such a stupendious irrational objection as this which justifies all the exorbitant Opinions Proceedings Taxes Oppressions Impositions of our late beheaded King Strafford Canterbury the Ship-money Iudges old Whitehall Council Table yea all our other former Kings and their evil Counsellors most irregular Exaction of mony in all ages from Brute till now and will render the very worst of all our Kings if compared with our late and present Tax-masters and pretended Assertors of our Liberties rather good gracious just righteous Princes Benefactors than Tyrants or Oppressors for the future seeing they never out of Parliament imposed enforced on their subjects any such heavy various perpetual Taxes Imposts Excises Ordinances or new Articles of the Government● as these forecited 2ly This Objection if admitted just or solid gives a private Cabinet ●uncto of obscure persons yet unknown by name unto our Nation a Superlative Super-Parliamentall Authority to contrive and set on foot a new devised Instrument to undermine and blow up all our former fundamental Laws Customs great Charters Liberties Franchises Properties Parliaments former frame of Government at one crake after all our late bloody costly contestations for their preservation both in the Supream Courts of Publick Iustice and fields of War without our privities or consents thereto either in or out of Parliament contrary to all their and our Protestations Oathes Covenants Commissions Trusts Promises Pretences And instead of English Freemen as we were before these contests and wars to strip us quite naked of all our former Freedoms Liberties Properties Customs Rights derived to us from our Noble Ancestors as the purchas of their dearest blood render us our Posterities for the future the most absolute Issachars Vassals slaves under Heaven inthralled to all sorts of intollerable illegal unpresidented incessant endlesse Taxes of all kinds without hopes of alteration or mitigation by any future Parliaments without their Protectors or his Successors voluntary consents which they cannot expect and to a constant standing Mercenary Army of Horse and Foot by Land and Navies of Hirelings by Sea to keep us and ours in perpetual Bondage under such New irregular Successive Tax-Masters who must elect their successors like themselves 3ly All our former antient Laws Statutes Parliaments till now in all changes Revolutions of State or Government ever constantly asserted maintained provided That no Tax Tallage Custom Contribution Impost Subsidy Charge Excise Loan or Payment whatsoever should be imposed on the Freemen of England without their common consent and grant in full free lawfull English Parliaments and if any were imposed otherwise by any Power or Pretext whatsoever out of Parliament that it was Null and void to all intents to bind the people But these Monstrous Articles quite turn the scales impowring a few private persons neither elected nor intru●ted by the people