A seasonable, historical, legal vindication and chronological collection of the good old fundamental liberties, franchises, rights, laws of all English freemen ...

A Seasonable , Historical , Legal , VINDICATION , AND CHRONOLOGICAL COLLECTION Of the good Old Fundamental Liberties , Franchises , Rights , Laws of all English Freemen ; ( their best Inheritance , Birth-right , Security , against Arbitrary Tyranny , Egyptian Slavery and Burdens ) of late years most dangerously undermined , oppungned , and almost totally subverted , under the specious feigned Disguise of their Defence , Enlargement , and future Establishment upon a sure Basis .

IT is an universal received Principle , and experimental Truth , beyond all contradiction , That no natural structure , no arteficial Building , no Civil or Ecclesiastical Corporation , Realm , Reipublicke , Government , or Society of men ; no Art nor Science whatsoever , can possibly be erected , supported , established , preserved or continued in their being or well being , without FOUNDATIONS : whereon as they were at first erected , so they must necessarily still depend , or else they will presently fall to utter ruine .

Hence it is , ( to wave all Humane Authorities in so clear a Verity ) that in God's own sacred uner●ing a Word of Truth , we find frequent mention of the natural b FOUNDATIONS of the vast natural Fabrick of the Earth , Heavens , and World it self ; of the Artificial Material c FOVNDATIONS of the material Temple , wals , City ; of Gods own most famous city Ierusalem ; and of private houses : of the Spiritual d FOUNDATION of the Spiritual Temple , City Ierusalem , and whole Church of God ; even Iesus Christ himself : of the Doctrinal e FOUNDATIONS , and first principles of Religion , Christianity , Salvation : yea , of the Political f FOUNDATIONS of Kingdoms , Reipublikes , Churches , Governments , States : which being once shaken , undermined , subverted , razed , or destroyed , bring unavoidable ruine and desolation upon them , ( Psal. 11. 3. Psal. 82. 5 , 6. Ier. 50 , 17. & 51 , 15 , 16. Mic. 1. 6 , 7 , 9. ) even as we daily see Castles , Wals , 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 Foundamental Constitutions , Rights , Liberties , Priviledges , of any Nation , Kingdome , Reipublike , ( essential to their being and subsistence , as a free or happy people , against the Invasions , Vnderminings , Encroachments , 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 Preterces 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 on leavoured to violate , alter , or subvert them , rather then out of Cowardize , Scottishnesse , Carelessenesse or want of cordial love to the Publike , to suffer the Last infringement , repeal , or alteration of them , to the inthralling of Themselves , or their Posterities , to the arbitrary Wills of such Domineering Tyrants , and Vsurping Poners .

Now because , after all our Old and New ( many yeers ) bloody , costly , dangerous Contest , and Wars , for the maintenance of our Good Old Fundamental Liberties , Laws , Rights Priviledges , against all secret or open underminers of them I clearly behold , with grief of heart , that there is a strang monstrous Generation of New TYRANNICAL STATE HERETICKS sprung up amongst us ; who are grown I desperately impudent , as not onely to write , but publikely to assert in Print , ( in a Books , printed by AUTHORITY , even in Capitals in the very Title-page ) That the Free-men and People of England have no such unalterable Fundamental Laws and Liberties left them by their fore-fathers , ( as our Ancestors heretofore contested for , both in the Field and Parliament-House , with William the Conqueror , Henry the first , King John , Henry the third , Edward 1 , 2 , 3. Richard the second , with other Kings and Princes ; and our late Parliaments and Armies too , with King James , and King Charles . ) That neither Magna Charta , nor the Petition of Right , nor the Laws for trying Malefactors by Juries of their peers , are Fundamentall , or unaltera●le ; but that the STATE-PHYSITIANS ( or rather Mountebanks ) of our time , ( who are not tied up to them , but left free unto themselves ) may lay them quite aside , either in part or whole , as they see cause : Yea , ( having now attained to such a super-transcendent Authority , as ) may ( as they assert ) DAY ASIDE ALL PARLIAMENTS and PARLIAMENTARY WAYES , and appoint SOMETHING ELSE , as more seasonable and proper to us , and as Providence makes way for it , if they see it more conducing to the safety and good of the Common-wealth , ( that is , to their own private Interests , Honours , Profits , Securities , Designes , Oppressions , Rapines , gilded over with this specious pretext . ) And then ●●●emptorily conclude , That to plead for these and other Fundamental Laws and Liberties , as unalterable , ) though the onely 〈◊〉 and Badges of our Freedom ( is nothing else but to 〈◊〉 the Nation : for by such a Principle , People doe 〈…〉 their Liberty , but are brought under such a kind 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 inthral us under such an absolute AEGYPTIAN BONDAGE and Tyranny , without any hope of future deliverance from it , which some now endeavour to entail 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 find the Generality of the Nobility , Gentry , Clergie , Commonalty , of our Nation , after all their , late yeers expensive bloudy wars , and Parliamentary Disputes , for the defence and preservation of these our Ancient Hereditary Fundamental Charters , Laws , Liberties , Priviledges , so strangely degenerated both from themselves , and their Heroick prudent Ancestors , as that they are more readily inclined , upon every occasion , out of a base , un-Christian , un-manly , un-English fear , or Scottish cowardice and stupidity , wittingly to desert , betray , surrender them all up into the hands of any invading Vsurpers , without the least Publike Claim , Dissertation , Defence , or Dispute ; then diligently or couragiously to contend for them , as of late they did : So as that which Paul once taxed in the slavish besotted Corinthians , 2 Epist. 11. 20. may be most truly averred of our degenerated , infatuated , English Nation : Ye suffer if a man bring you into bondage , if a man devour you , if a man take of you , if a man exalt himself , ( above your Laws , Liberties , Franchises , Parliaments , Kings , Nobles , Properties , Lives , Conscience , and a all that is called God , or worshipped ) if a man smite you on the face ; notwithstanding all their manifold late b Protestations , Vows , Covenants , Remonstrances , Declarations , and Publike Engagements , to the contrary . And withal , after diligent enquiry , discovering scarce one man of Eminencie or Power in the Nation , nor so much as one of my degenerated temporizing Profession of the Law , ( even when the c whole Body of our Laws , and all its Professors , are violently assaulted , and devoted unto sudden ruine , by many lawlesse spirits ) who hath so much Courage , magnanimity , Honesty , Zeal , or cordial Love to his native Country , remaining in his brest , as manfully to appear in publike , for the strenuous necessary defence of these our Hereditary , Fundamental Laws , Liberties , Rights , Franchises , ( though their own , and every other English Freeman's best Inheritance and Security ) for fear of being persecuted , imprisoned , close imprisoned , exiled , condemned , destroyed , as a Traytor , Rebell , Seditious person , Enemy to the publike , or disturber of the Kingdoms Peace , by those who are truly such : I thereupon conceived I could not undertake or perform a more necessary , seasonable , beneficial Service for my Country , ( and not to be like those , who are ashamed , afraid , for the most part , to own , visit , or be seen in the company of those Gallant men , much lesse to assist , defend , and stick close unto them in their dangers , according to the sixth Article of their late Solemn League and Covenant , who have suffered , acted , and stood up most for their Common Liberties , Rights , Freedoms , Religion , against all invading Tyrants , to their great discouragement and betraying ) nor pitch upon any Subject more proper for me , either as a common Lawyer , or as a constant Advocate and Sufferer for the Publike Cause , and Liberties of the Nation , as well under our late extravagant Free-State , as former Regal and Episcopal arbitrary Tyranny , then in this juncture of our publike affairs , to present our whole distracted unsetled Kingdome , with An Historical and Legal Vindication , and Chronological Collection , in all Ages , of these Ancient Hereditary Liberties , Franchises , Rights , Contests , Laws , Charters , Records , Monuments of former and late times , for their Confirmation , and inviolable Ob●rvation , which our Ancestors and our Selves have alwayes hitherto reputed FUNDAMENTAL , UNALTERABLE , INVIOLABLE , upon any pretext ; and have most eagerly contended for , with the prodigal expence of many millions of Treasure , and whole oceans of gallant Christian English bloud .

And if , upon the serious perusal of them , the uniuersality of our degenerated Nation , after their many late solemn Protestations , Vows , Leagues , Covenants , Remonstrances , inviolably to defend and maintain them , shall 〈◊〉 so undervaelue them now at last , ( as 〈◊〉 actually have done ) as not to esteem them worth the owning , maintaining , vindicating , or perpetuating and longer ; and thereby draw upon their headache real guilt of all those bloudy Wars , Murders , Tumults Violences , Rapines , Oppressions , Sins , Mischiefs , Illegal Ta●es , Excises , Exorbitancies , which their many late yeers pretended Necessary Defence and Preservation have brought upon ou● three whole Nations ; let them henceforth , like so man , ●astardly conquered Bond slaves , bored thorow the eares● publikely disavow , disclaim , renounce , abiure them , for themselves and their Posterities for ever , as meer worthlesse toyes , or pernicious inventions , fit onely to kindle perpetuall Wars and Discords between King and People , Head and Members , Superiours and Inferiours ; or as poor slender Cobwebs , ( as now they prove ) fit to hold none within compasse but the very weakest flyes ; broken thorow with 〈◊〉 and impunity by every greater fly , creeping up into any Power or Supreme Authority , by Right or Wrong ; and swept down to the very ground , by every New Broom in the hand of upstart Innovators .

But if , upon saddest deliberation , they shall really estimate them to be such incomparable , rich , precious jewels , and ancient inheritances , as are every way worth the infinite Treasures , Warres , Blood , Cares , Consultations , Troubles , heretofore and of late yeers expended , both to gain , retain , confirm , and perpetuate them , to them and their posterities for ever , as their principal earthly Security and Beatitude ; I hope they will all then unanimously henceforth conclude with the Poet .

Non minor est virtus quam quaerere , PART A TVERI : and both by their Votes , and Actions , return the self-same peremptory magnanimous answer to any Caesar , Conqueror , Patentate , Power , or Combination of men whatsoever , ( who shall endeavour by force , fraud , ●●flattery , to compel or perswade them , to sell , resign , betray , 〈◊〉 these their Antistrial Priviledges , 〈…〉 , to them ) 〈…〉 once did to King Ahab , 1 King. 21. 3. The Lord forbid ● us , that we 〈◊〉 give ( sell , or betray ) the INHERITANCE OF OVR FATHERS ( and our Posterities likewise ) unto thee , or you ; though they should suffer for this Answer and refusal , as much as Naboth did from bloudy Ahab and Jez●bel .

But whatever low price or estimate this spurious , stupid sordid , slavish Age may set upon these richest Pearls ; yet for my own particular , upon serious consideration of these Chronological Collections , and the Solemn Oathes , Protestations , Vows , League and Covenant , obliging me to defend them to the uttermost ; I value the whole Nations publike , and my own ( with my cordial friends ) private interest in them , at so high a rate , that I would rather chearfully part with ten thousand lives , and all the treasures of the Nation , were I owner of them , then wittingly , negligently , or unworthily fell , betray , or resign them up to any Mortals , or Powers whatsoever , upon any Pretences or Conditions , after all my former Publications , Contests , Sufferings , &c. for their just Defence .

Now to the end all others might now take special notice of the inestimable value our Ancestors in all Ages have set upon them , and what successive Wars , Conflicts , they have cheerfully undertaken for their preservation ; I have , at vacant hours compiled this en●uin●Vindication and Collection of the Old Fundamental Liberties , Franchises , Laws , of all English Free-men , which I shall be que●th to my most beloved native Country in generall and every reall Her●●●k Patron of them in particular , as the best Legacie I can leave behind me , both for their 〈…〉 future Enfranchisement , Immunity , Security , from all 〈…〉 tyranny , Slavery , and yokes of Bondage , under 〈…〉 have a long time languished and 〈…〉

The Method I resolve herein to pursue is this :

1. I shall produce some punctual Authorities of moment , to evidence , That the Kingdome and Free-men of England , have some ancient Hereditary just Rights , Liberties , Priviledges , Franchises , Laws and Customs , properly called FVNDAMENTAL : and likewise a FVNDAMENTAL Government , no wayes to be altered , undermined ▪ subverted , directly or indirectly , to the Publike prejudice , under pain of high Treason in those who shall attempt it , especially by fraud , force , or armed Power .

2. I shall in brief Propositions present you with the chiefest and most considerable of them , which our Ancestors in former ages , and our latest real Parliaments have resolved to be , and eagerly contended for , as FUNDAMENTAL , essential to their being and well-being , as a Free People , Kingdom , Reipublike , unwilling to be enslaved under any yokes of Tyranny , any Arbitrary Impositions or Powers whatsoever . And then give you a brief Touch of their several late unparallel'd violations , both by the Edicts and Actions of usurping Powers .

3. I shall in a Chronological way tender you a large Historical Catalogue of Contests , Votes , Declarations , Remonstrances , Oathes , Vows , Protestations , Covenants , Engagements , Evidences , Statutes , Charters , Writs , Records , Judgements , 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 , wisdom , vigilancy of our Ancestors , to defend , preserve , and perpetuate them to posterity , without the least violation or diminution .

4. I shall vindicate the exellencie , indifferencie , and legality of trying all Malefactors whatsoever by Juries of their peers , upon legal Processe and Indictments ; and manifest the illegality , injustice , partiality , dangerous consequences , of admitting or introducing any other form of Trials , by New , Arbitrary , Martial 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 chiefest inveighers against Arbitrary Regal Tyranny and Power , which never publikely established them by any Law , and may fall to imitate them in future Ages .

Each of these I intend to prosecute in distinct Chapters in their order

For the first of these : That the Kingdome and Free-men of England , have some Ancient Hereditary Right , Liberties , Priviledges , Franchises , Laws and Customs , properly called FVNDAMENTAL ; and likewise a FVNDAMENTAL GOVERNMENT , no wayes to be alt●red , undermined , subvert●d , 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 a traytorous late-published Pamphlets , which professedly deny it , and endeavour a total abrogation of all former Laws , to set up a New Model , 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 b King John , Anno 1215. in the 17 yeer of his Reign ; regranted and confirmed by King Henry the third , in the ninth yeer of his Reign , and sundry times afterwards ; and by King Edward the first , in the 25 and 28 yeers of his Raign : wherein these three Kings successively , by their several Grand Charters under their Great Seals , did grant , give , and confirm , to all the Free-men of the Realm of England , FOR THEMSELVES AND THEIR HEIRS FOR EVER , the Customs , Liberti●s therein contained ; TO HAVE AND TO HOLD THEM , TO THEM AND THEIR HEIRS FROM THEM AND THEIR HE●RS FOR EVER . Concluding their Charters thus : All these Customs and Liberties aforesaid , which we have granted to be holden within this our Realm , as much as appertaineth TO US AND OUR HEIRS , WE SHALL OBSERVE . And ALL MEN OF THIS OUR REALM , AS WELL SPIRITUALL AS TEMPORALL , ( as much as in them is ) shall observe the same against all persons in likewise . And we have granted unto them , THAT NEITHER WE NOR OUR HEIRES SHALL PROCURE OR DO ANY THING WHEREBY THE LIBERTIES IN THESE CHARTERS CONTAINED , SHALL BE INFRINGED OR BROKEN . We ●atifying and approving these Gifts and Graunts aforesaid , CONFIRM and CORROBORATE ALL THE SAME , FOR US AND OUR HEIRS PERPETUALLY : and by these Presents ( as the later Charters run ) do renew the same Willing and Granting , FOR US AND OUR HEIRS , THAT THESE CHARTERS , AND ALL AND SINGULAR THEIR ARTICLES , FOR EVER SHALL BE STEDFASTLY , FIRMLY , AND INVIOLASLY OBSERVED .

Sir Edward Cook , ( that reverend learned Judge and Professor of our Laws ) in his preface to his second Institutes , and p. 2. and 77. thereof , wherein he comments on this Great Charter , ( printed by two Orders of the House of Commons in Parliament , dated 12 Maii. 1641. and 30 Junii , 1642. ) resolves in direct terms , That the Great Charter was for the most part declaratory of the Principal Grounds of THE FVNDAMENTAL LAWS OF ENGLAND : That these words therein , [ for as and our heirs for ever ] were added to avoid all scruples ; THAT THIS GREAT PARLIAMENTARY CHARTER MIGHT LIVE AND TAKE EFFECT IN ALL SUCCESSIONS OF AGES FOR EVER . A clear Resolution , that the principal Liberties , Customs , Laws , contained in these Great Charters , and ratified by them , are both Fundamental , perpetual , and unalitrable ; being since confirmed in all points by neer fourty several special Acts of Parliament in succeeding Parliaments : and likewise by the Solemn Oathes of our Kings , Nobles , Judges , Great Officers , and of the People too , ( all severall times sworn to defend and maintaine the same ) and by sundry Solomn Excommunications against the onfringers or contemners of them in any kind ; as I shall prove more fully in the third Chapter .

The second is , the punctuall Resolution of the whole Parliament of 1 Jacobi , even in a printed act of Parliament , chap. 2. and of King James himself , in his speech therein , as is evident by this Prologue to that act : Whereas his most excellent Majestie hath been pleased , out of his great wisdome and judgment , not onely to represent unto us by his own prudent and Princely Speech on the first day of this Parliament , how much he desired ( in regard of his inward and gratious affection to both the famous and ancient Realms of England and Scotland , now united in allegiance , and by all subjection IN HIS ROYAL PERSON , TO HIS MAJESTY AND HIS POSTERITY FOR EVER ) that by a speedy , mature , and sound Deliberation , such a future Vnion might follow , as should make perfect that mutual love , and uniformity of Maners and Customs , which Almighty God in his providence , for the strength and safety of both Realms , hath so far already begun , in● pparent sight of all the world ; but also hath vouchsafed to expresse many ways , how far it is , and EVER SHALL BE , from his Royal and sincere care and affection to the Subjects of England , TO ALTER OR INNOVATE the FUNDAMENTAL and ANCIENT LAWS , PRIVILEGES and GOOD CUSTOMS OF THIS KINGDOM ; whereby not only HIS ROYAL AUTHORITY , but THE PEOPLES SECURITY OF LANDS , LIVINGS , and PRIVILEGES ( ●oth in generall and particular ) are PRESERVED and MAINTAINED ; and , BY THE ABOLISHING OR ALTERATION OF THE WHICH , IT is IMPOSSIBLE BUT that PRESENT CONFUSION WIL FALL UPON the WHOLE STATE and FRAME OF THIS KINGDOM , &c. In which memorable Clause , these four things are observable , 1. That the Kingdom and People of England have Fundamental ancient good Laws , Privileges , and Customs . 2. That these are no ways to be altered or innovated ; and that it always hath been , is , and ever shall be , far from the thoughts and intents of all good Kings , Governours , and Parliaments , who bear a sincere care and affection to the subjects of England , to alter or innovate them . 3. That by these ancient good Laws , Privileges , and Customs ▪ not onely the Kings Regal authority , but the peoples security of Lands , Livings , and Privileges , ( 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 whole State and frame of this Kingdome . Which I wish all Innovators and New Modellers of our Laws , would now at last lay seriously to heart , and the whole Kingdom and English Nation sadly consider , who have found it an Experimental truth of late yeers , and no imaginary feigned Speculation .

The third is The Remonstrance of the whole House of Commons in Parliament , delivered in writing to K. James , in the Parliament of 7 Iac. 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 , have received , first by Message , and since by Speech , from your Majestie , 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 : Wee your said humble Subjects nothing doubting but that your Majestie had no intent by that command , to infringe THE ANCIENT AND FVNDAMENTAL RIGHTS OF THE LIBERTY OF PARLIAMENT ▪ in poynt of exact discussing of all matters concerning them and their possessions , Goods , and Rights whatsoever ; which yet wee cannot but conceive to be done in effect by this command , Do with all humble duty make this Remonstrance to your Majestie .

First , Wee hold it AN ANCIENT , GENERAL and VNDOVBTED RIGHT OF Parliament , to debate freely all matters which do properly concern the Subject , and his Right or Estate : which freedom of debate being once fore-closed , THE ESSENCE OF THE LIBERTY OF PARLIAMENT IS WITHALL DISSOLVED .

Here the whole House of Commons , in a special Remonstrance to King James , ( printed and published by Order of a Committee of the House of Commons for licensing of Books , dated 20 Maii , 1641. 17 Caroli ) declare , resolve , vindicate , and maintain , One principal , ancient , Fundamental , general , undoubted 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 so much , nay farre more intrench upon the ancient , Fundamental , General , undoubted Right 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 : ) ● A. B. do swear , that I will never give my consent TO ALTER THE GOVERNMENT OF THIS CHURCH BY ARCH-BI●HOPS , BISHOPS , DEANS , AND ARCH-DEACONS , &c. AS IT STANDS NOW ESTABLISHED , AND AS BY RIGHT IT OVGHT TO STAND : * Resolved by the whole House of Commons , and Peers too , without one dissenting voyce , in Parliament , Decemb. 1640. to be a most dangerous and illegal Oath , contrary to THE RIGHTS and PRIVILEGES OF PARLIAMENT , and to the FVNDAMENTAL LAWS & STATVTES OF THE REALM , &c. and OF DANGEROVS CONSEQVENCE . The contriving whereof was objected to the late Arch-bishop of Canterbury , in his Original and Additional Articles of Impeachment , to be HIGH TREASON ; for which amongst other thigs , he lost his head .

The fourth is , the notable Petition of Grievance of the whole House of Commons in Parliament , presented to King James in the seventh yeer of his Reign , after their Vote against his right to lay any Impositions on Goods imported or exported , without assent of Parliament ; in these ensuing words ,

THe policy and Constitution of this your Majesties Kingdom , appropriates unto the Kings of this Realm , with assent of Parliament , as well the Soveraign power of making Laws , as that of taxing or imposing upon the Subjects Goods or Merchandizes , wherein they have justly such a Property , as may not without their consent be altered or changed : this is the cause , that the people of this Kingdom , as they have * ever shewed themselves faithful and loving to their Kings , & ready to aid them in all their 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 Princese it her occasioned by war , or by their own bounty , or by any other necessity , have without consent of Parlament 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 REDRESS , 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 Lawes of this Realm , WHICH ARE AS ANCIENT AS THE KINGDOM IT SELF ; yet those famous Kings , for the better contentment and assurance of their loving Subjects , agreed , THAT THIS OLD FVNDAMENTAL RIGHT ( observe the words ) should be further declared , AND ESTABLISHED BY ACT OF PARLIAMENT , wherein it is provided , That no such Charge should ever be laid upon the People without their common consents , as may appear by sundry Records of former times .

We therefore your Majesties most humble Commons assembled in Parliament , * FOLLOWING THE EXAMPLE OF THIS WORTHY CARE OF OVR ANCESTORS , AND OVT OF OVR DVIY TO THOSE FOR WHOM WE SERVE , finding that your Majesty , without advice of your Lords and Commons , hath lately ( in times of Peace ) SET BOTH GREATER IMPOSITIONS , AND FAR MORE IN NVMBER THEN ANY YOVR NOBLE ANCESTORS DID EVER IN TIME OF WAR , do with all humility present this most just and necessary Petition unto your Majesty , THAT ALL IMPOSITIONS SET 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 IMPOSITIONS OF ANY KIND SET , OR TO BESET VPON YOVR PEOPLE , THEIR GOODS OR MERCHANDIZES , SAVE ONLY BY COMMON CONSENT IN PARLIAMENT , ARE AND SHALL BE VOYD ; wherein your Majesty shall not only GIVE YOVR SVBJECTS 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 Forein , to the overthrow of Merehants , and Shipping , the causing of general dearth , and decay of all wealth among your people who will be therby no less discouraged , then disabled to supply your Majesty when occasion shall require .

In which memorable Petition , the whole House of Commons resolve in direct terms : 1. That the Subjects of England have old original Fundamental Rights , ( and more particularly in the Property of their goods , exempted from all Impositions whatsoever in times of Peace or War , without their common consent in Parliament ) declared and ectablished both by the ancient Common Law of England , and sundry Acts of Parliament , and Records of former times .

2. They declare , the constant vigilant care , zeal of our Ancestors and former Parliaments in all ages , inviolably to maintain , defend , preserve the same against all encroachments , together with their own care , duty and vigilancy in this kind in that very Parliament .

3. They relate the readiness of our Kings to ratifie these their Fundamental Rights by new Act of Parliament , when they have been violated in any kind .

4. They declare the benefit accruing both to Prince and People , by the inviolable preservation and establishment of this old Fundamental Right , and the mischiefs accruing to both by the infringement thereof , by arbitrary illegal Impositions , without full consent in Parliament .

5. They earnestly ( in point of conscience , prudence , and duty to those for whom thy served ) Petition his Majesty , for a new Law and Declaration against all new Impositions & Taxes on Inland Goods , or Merchandizes imported or exported , without the Peoples free consent in Parliament , as null , void , utterly to be abolished and taken away . Whether it will not be absolutely necessary for the whole English Nation , and the next ensuing Notional or real Parliament , to Prosecute , Enact , Establish such a Declaration and Law against all such future arbitrary , illegal , oppressive Taxes , Impositions , Excizes , that have been imposed and continued for many years together on the whole Kingdom , by new extravagant , self-created , usurping Army-Officers , and other Powers , without free and full consent of the People in lawfull English Parliaments , against all former Laws , Declarations , and Resolutions in Parliament , to their great oppression , enslaving , undoing , and that in far greater proportions , multiplicity , and variety , ●hen ever in former ages , without the least intermission ; and likewise against their late declared design , to perpetuate them on our exhausted Nation , without alteration or diminution , ( beyond and against all Presidents of former Ages ) both in times of Peace and War for the future , by the 27 , 28 , 29 , 3● , 3● . Articles of the Instrument entituled , The Government of the Common-wealth of England , &c. I remit to their most serious considerations to determine , it ever they resolve to be English Freemen again , or to imitate the wisdom , prudence , zeal , courage , and laudable examples of their worthy Ancestors , from which they cannot now degenerate without the greatest Infamy , and enslaving of themselves with their Posterities for ever , to the arbitrary wills of present or future Usurpers 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 , bloudy Wars for their Defence against the Beheaded King .

The fifth is , A learned and necessary Argument made in the Commons House of Parliament , Anno 7. Jacobi , to prove , That each Subject hath a propriety in his Goods ; shewing also , the extent of the Kings Prerogative in Impositions upon the Goods of Merchants exported or imported , &c. By a late learned Judge of this Kingdom , printed at London by Richard Bishop , 1641. and Ordered to be published in print , at a Committee appointed by the Honourable 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 NATVRAL FRAME AND CONSTITVTION OF THE POLICY OF THIS KINGDOME , which is Jus Publicum Regni , AND SO SUBVERTETH THE FUNDAMENTAL LAW OF THE REALM , and introduceth a new form of State and Government : Can any man give me a reason , why the King can only in Parliament make 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 KINGDOM , AND THE VERY NATVRAL CONSTITVTION 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 FUNDAMENTAL LAWS AND PROPERTY OF THE SUBJECT , and Original Right , Frame , and Constitution of the Kingdom ; as the Notes and Journals of that Parliament evidence : An express Parliamentary resolution in point , for what I here assert .

The sixth is , A Conference desired by the Lords , and had by a Committee of both Houses , concerning the Rights & Privileges of the Subjects 3. Aprilis , 4. Caroli , 1628. entred in the Parliament Journal of 4. Caroli , and since printed at London , 1642. In the Introduction to which Conference , Sir Dudley Diggs , by the Commons House Order , used these expressions : My good Lords , whilst we the Commons , out of our good affections , were seeking for money , we found , I cannot say a Book of the Law , but many A FUNDAMENTAL POINT THEREOF NEGLEGTED AND BROKEN , which hath occasioned our desire of this Conference : Wherein I am first commanded to shew unto your Lordships in general , That the Laws of England are grounded on Reason more antient then Books , consisting much in unwritten Customs , yet so full of Justice and true Equity , that your most Honorable Predecessors and Ancestors propugned them with a NOLUMUS MUTARI ; and so ancient , that from the Saxons daies , notwithstanding the injuries and ruines of time , they have continued in most parts the same , &c. Be pleased then to know , THAT IT IS AN UNDOUBTED AND FUNDAMENTAL POINT OF THIS SO ANCIENT COMMON LAW OF ENGLAND , THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS , which doth preserve as sacred that Meum and Tuum , that is the Nurse of Industry , and the Mother of Courage , and without which there can be no Justice , of which Meum and Tuum is the proper object . But the UNDOUBTED RIGHT OF FREE SUBJECTS , hath lately not a little been invaded and prejudiced by Pressures , the more grievous , because they have been pursued by imprisonment , contrary to the Franchises of this Land , &c. which the Commons House proved by many Statutes and Records in all Ages , in that Conference , to the full satisfaction of the Lords House ; since published in print .

The seventh is , The Vote of the a whole House of Commons , 16. December , 1640. Nullo contradicente , entred in their Journal , and printed in Diurnal Occurrences , p. 13. That the Canons made in the Convocation ( Anno 1640. ) ARE AGAINST THE FUNDAMENTAL LAWS OF THE REALM , the Property and Liberty of the Subject , the Right of Parliament , and contained divers things tending to Faction and Sedition .

The eighth Authority is , b The Votes of both Houses of Parliament , concerning the security of the Kingdom of England , and Dominion of Wales , 15. Martii 1641. Ordered by the Lords and Commons in Parliament to be forthwith printed and published ( as they were then by themselves , and afterwards with other Votes and Orders ) Resolved upon the Question , nemine contradicente , That in case of extream danger , and of his Majesties refusal , the Ordinance agreed on by both Houses for the Militia , doth oblige the people , and ought to be obeyed , by THE FUNDAMENTAL LAWS OF THIS KINGDOM . A very vain , false , absurd , and delusory Vote , if there be no such Laws , as some now affirm .

The ninth punctual Authority is , a A second Declaration of the Lords and Commons assembled in Parliament , concerning the Commission of Array ; printed by their special Order of 12 Januarii , 1642. wherein are these observable passages . The main drift of the Answer is to maintain , That the King by the Common Law may grant such a Commission of Array as this is , upon this ground , because it 's for the defence of the 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 Subjects , 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 Majestie shall impose upon his Subjects , upon pretence of Defence of the Kingdom : for there is the same reason of Law for any other Charge that is pretended for Defence , as for this . If his Majestie 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 Bulworks , and after to maintain them with Garisons , 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 , as all other Lawes that have been made for the Subjects benefit against Taxes and other Charges , either in this or any other Parliament ?

These Positions thus laid down and maintained , DO SHAKE THE FUNDAMENTAL LAWS OF THE KINGDOM , ( 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 compel his Subjects to defend it without Parliaments ? If these grounds should hold , what need the Subjects grant Subsidies in Parliament for Defence of the kingdom in time of real danger , if the king for defence at any times , when he shall only 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 FUNDAMENTAL LAWS OF THE LAND , both for PROPERTY OF GOODS , AND LIBERTY OF PERSON , &c. 2. 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 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 Right of Property , and Liberty of the Subject , contrary to form●r Resolutions of Parliament , and to the Petition of Right .

I am certain the generality of the Nation are now as much and more aggrieved , that some who were Parties to this Declaration , and others who have made as many or more Declarations and 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 , or more exorbitances in the Militia , Excises , Taxes , Impositions , Imprisonments , arbitrary extravagant proceedings , and capital executions in new-erected Courts of Injustice , as diametrically contrary as the Kings Commissions of Array , to the Fundamental 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 , Solemn Leagues and Covenants in Parliament , to their own eternal 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 that Declaration against the Array , viz. * And the Lords and Commons do and shall adhere to their former Votes and Resolutions , That all those that are Actors in putting of this Commission of Array in execution , shall be esteemed disturbers of the Peace of the Kingdome , and the Properties and Liberties of the Subject .

The tenth evidence is , a 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 , 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 plainness as followeth ; That this present Parliament convened according to the known and FUNDAMENTAL LAWS OF THE KINGDOM ( 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 setled by a Law , ( which , as all other Laws of your Kingdom , your Majesty is sworn to maintain , as we are sworn to our Allegiance to your Majesty , these Obligations being reciprocal ) we must in duty , and accordingly are resolved , with our lives and fortunes , to defend and preserve the just Rights and full Power of this Parliament : To which the Earl of Essex ( then General ) by both Houses direction , in his Letter to the Earl of Forth , Jan. 30. 1643. adds this Corollary , My Lord , the maintenance of the Parliament of England , and the Priviledges thereof , is that for which we are all resolved to spend our bloud , as being THE FOUNDATION WHEREON ALL OUR LAWS and LIBERTIES ARE BUILT : Which both the Lords and Commons assembled in Parliament , in their Declaration of 23. Martii 1643. touching their proceedings upon his Majesties Letter concerning a Treaty of Peace ; ( wherein this Earls former Letter is recited ) thus second : The Parliament of England is the only Basis , the chief Support and Pillar of our Laws and Liberties , &c. And if notwithstanding all these Obligations , the King shall * at his pleasure dissolve this Parliament , the Kingdom is not only deprived of the present , but made uncapable of enjoying the benefit of any future Parliament or Laws , any longer then shall stand with the will and pleasure of the King , and consequently THE FUNDAMENTALS OF ALL OUR LAWS & GOVERNMENT ARE SUBVERTED . Let the Parliament-dissolving officers , Army , and their Confederates seriously ponder this , with all who shall hereafter sit in Parliament , consider it in the first place .

The eleventh is , the a Ordinance of both Houses of Parliament , 13. Junii 1644. for the Forces raised in the County of Salop , which begins thus : The Lords and Commons assembled in Parliament , taking into their serious considerations , the great oppressions under which the Inhabitants of the County of Salop , by reason of insupportable Taxes , &c. and the present condition of the County , by reason of the great number of Irish Rebels that have invaded it , and joyned with Papists and other ill-affected persons now in those parts , doth threaten the extirpation of the Protestant Religion , and the subversion of the FUNDAMENTAL LAWS and GOVERNMENT of the Kingdom . For prevention whereof , &c.

The twelfth is , b A Declaration of the Commons of England assembled in Parliament , 17 Aprilis 1646. of their true intentions concerning the ANCIENT & FUNDAMENTAL GOVERNMENT OF THE KINGDOM , securing the people against ALL ARBITRARY GOVERNMENT , &c. wherein they complain , that the Enemy being in despair to accomplish his designs by War , do misrepresent our intentions in the use we intended to make of the great Successes God hath given us , and the happie opportunity to settle Peace and truth in the three Kingdoms ; to beget a belief that we now desire to exceed or swerve from our first Aims and Principles in the Undertaking of this War , and to recede from the Solemn League and Covenant , and Treaties between the two Kingdoms ; and that we would prolong these uncomfortable troubles , and bleeding Distractions , IN * ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION & FRAME OF THIS KINGDOM , to leave all Government in the Church loose and unsetled , and our selves to exercise THE SAME ARBITRARY POWER OVER THE PERSONS & ESTATES OF THE SUBJECTS , which this present Parliament hath thought fit to abolish , by taking away the Star-Chamber , High Commission and other Arbitrary Courts , and the exorbitant Power of the Councel Table : ( all which we have seen since experimentally verified in every particular in the highest degree , notwithstanding this Declaration , by some in late and present Power , notwithstanding this Publication : ) All which being seriously considered by us , &c. We do declare , THAT OUR TRUE & REAL INTENTIONS ARE , & OUR ENDEAVOR SHALL BE , to settle Religion in the purity thereof , * TO MAINTAIN THE ANCIENT & FUNDAMENTAL GOVERNMENT OF THIS KINGDOM , TO PRESERVE THE RIGHTS & LIBERTIES OF THE SUBJECT ; to lay hold on the first opportunity of procuring a safe and well-grounded Peace in the three Kingdoms , and to keep a good understanding between the two Kingdoms of England and Scotland , according to the grounds expressed in the Solemn League and Covenant : And lest these Generals should not give a sufficient satisfaction , we have thought fit , to the end men might no longer be abused in a misbelief of our intentions , or a misunderstanding of our actions , to make this further enlargement upon the particulars .

And first , concerning Church-Government , &c. because we cannot consent to the granting of an Arbitrary and unlimited Power and Jurisdiction , to neer ten thousand Judicatories to be erected within this Kingdom , and this demanded in such a way , as is not consistent with THE FUNDAMENTAL LAWS & GOVERNMENT OF THE SAME , &c. our full Resolutions still are , sincerely , really and constantly to endeavour the Reformation of Religion , in the Kingdoms of ENGLAND & IRELAND , in Doctrine , Worship , Discipline , and Government , according to the Word of God , and the example of the best Reformed Churches , and according to the Covenant .

WE ARE * SO FAR FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOM BY KING , LORDS & COMMONS , That we have only desired , that with the consent of the King , such Power may be setled in the TWO HOUSES , without which we can have no assurance , but that the like , or greater mischiefs then those which God ●ath hitherto delivered us from , may break out again , and engage us in a second and more destruct● ve War ; whereby it plainly appears , OUR INTENTIONS ARE NOT TO CHANGE THE ANCIENT FRAME OF GOVERNMENT WITHIN THIS KINGDOM , but to obtain the end of the Primitive Institution of all Government , THE SAFETY & WEAL OF THE PEOPLE ; not judging it wise or safe , after so bitter experience of the bloudy Consequences of a * pretended Power of the Militia in the King , to leave any colourable autho●ity in the same for the future attempts of introducing AN ARBITRARY GOVERNMENT OVER THIS NATION : We do declare , That we will not , nor any by colour of any Authority derived from us , shall interrupt the † ordinary course of Justice , in the several Courts and Judicatories of this Kingdom , nor intermeddle in cases of private interest otherwhere determinable , unless it be in case of Male-Administration of Justice ; wherein we shall see and provide , that Right be done , and punishment inflicted , as there shall be occasion , ACCORDING TO THE LAWS OF THE KINGDOM .

Lastly , Whereas both Nations have entred into a Solemn League and Covenant ; we have , and EVER SHAL BE VERY CAREFUL DULY TO OBSERVE THE SAME : That as nothing hath been done , SO NOTHING SHALL BE DONE BY US REPUGNANT TO THE TRUE MEANING AND INTENTION THEREOF , &c. WHO WILL NOT DEPART FROM THOSE GROUNDS AND PRINCIPLES , upon which it was framed and founded .

Though the Generality of the afterwards-secured and secluded Majority of the House of Commons , endeavoured constantly to make good this Declaration in all particulars ; yet how desperatly the garbled Minority thereof , continuing in power after their Seclusion , prevaricated , apostatized , and falsified their Faith and Engagements herein in every particle in the highest Degree , we cannot but with greatest grief of heart , and detestation remember , to the subversion , ●uine of our King , Lords , Commons , Kingdom , Parliaments , Fundamental Laws , Government , and the Peoples Liberties , &c. almost beyond all hopes of restitution or reparation in humane probability , without a miracle from heaven . The Lord give them grace most seriously to consider of , repent , and really , sincerely , reform it now at last , and not still add drunkenness to thirst , lest they bring them to temporal and eternal condemnation for it in Gods own due time , and engender endless Wars , Troubles , Taxes , Changes , Confusions in our Kingdoms , as they have hitherto done .

By this full Jury of Parliamentary Authorities , to omit many others of like or a inferiour nature , and less moment , it is undeniable ; That the People of England have both ancient Fundamental Rights , Liberties , Franchises , Laws , and a Fundamental Government ; which like the Laws of the Medes and Persians , neither may , or ought to be altered , violated , or innovated upon any pretence , but perpetually maintained , defended , with greatest care , vigilancy , resolution ; and he who shall still deny or oppugne it , deserves no refutation by further arguments , since it is a received Maxime in all Arts , Contra Principia negant●●● , non est disputandum ; but rather demerits a sentence of Cond●●nation , and publike Execution at Tyburn , as a common Enemy , Traytor to our Laws , Liberties , Nation ; it being no less then 〈◊〉 transcendent Crime , and High Treason by our Laws , for any person or persons , secretly or openly , to attempt the 〈◊〉 or subversion of our Fundamental Laws , Rights , Liberties , Government , especially by fraud , treachery , force , or armed power and violence ( the later part of my first Proposal ) which I shall now confirm by these twelve following Presidents and Evidences , corroborating likewise the former part , that we have such Fundamental Laws , Liberties , Rights , Franchises , and a Fundamental Government too .

In the b fifth year of King Richard the second , the vulgar rabble of people and villains in Kent , Essex , Sussex , Norfolk , Cambridgeshire , and other Countreys , under the Conduct of Wat Tyler , Jack Straw and other Rebels , assembling together in great multitudes , resolved by force and violence to abrogate the Law of villenage , with all other Lawes they disliked , formerly setled ; to burn all the Records , kill and beh●ad all : he Judges , Iustices , and men of Law of all sorts , which they could get into their hands ; to burn and destroy the Innes of Court , ( as they did then the new Temple , where the Apprentices of the Law lodged , burning their Monuments and Records of Law there found ) to alter the Tenures of Lands , to devise new Laws of their own , by which the Subjects shold be governed , to change the ancient Hereditary , Monarchicall Government of the Realm , and to elect petty elective Tyrannies and Kingdoms to themselves in every Shire : ( a project eagerly prosecuted by some Anarchical Anabaptists , Jesuits , and Levellers very lately , ) and though withall they intended to destroy the King to last , and all the Nobles too , when they had gotten sufficient power , yet at first to cloak their intentions for the present , they took an Oath of all they met ; Quod Regi & communibus fidelitatem servarent , that they should keep allegeance and faith to the King and Commons ; this their resolution and attempt thus to alter and subvert the laws & government , upon full debate in the Parliament of 5. R. 2. n 30 , 31. was declared to be High Treason , against the King and against the Law , for which divers of the chief Actors in this Treasonable design were condemned and executed , as Traitors , in several places , and the rest enforced to a publike submission , and then pardoned .

2. In the a Parliament XL . R. 2. ( as appears by the Parliament Rolls and printed Statutes at large ) three Privie Coun●cellors , the Archbishop of York , the Duke of Ireland , and Earl of Suffolk , the Bishop of Exeter the Kings Confessor , five Knights , six Judges , ( where of Sir Robert Trisilian , Chief Justice was one ) Blake of the Kings Councel at Law , Vsk and others , were impeached and condemned of High Treason , some of them executed as Traytors , the rest banished , their Lands and goods ferfeited , and none to endeavour to procure their pardon , under pain of Felony , for endeavouring to overthrow a Commission for the good of the Kingdome , and contrary to an Act of Parliament of force of arms and Opinions in Law delivered to the King , tending to subvert the Laws and Statutes of the Realm , overthrow the Power , Priviledges , and proceedings of Parliament , and betray ( not all the house of Lords , but only ) some of the Lords of Parliament , which Judgment being afterwards reversed in the forced , and packed Parliament of 21. R. 2. was reconfirmed in the Parliament of 1 H. 4. c 3. 4 , 5. and the Parliament of 21. R. 2. totally repealed , and adnulled for ever , and hath so continued .

3. In the a Parliament of 17 R. 2. n , 20. and Pas. 17. R. 2. B. R S. Rot 16. Sir Thomas Talbot was accused and sound guilty of High Treason for conspiring the death of the Dukes of Glocester , Lancaster and other Peers , who maintained the Commission confirmed by act of Parliament , X R. 2. and assembling people in a warlike manner in the County of Chester , for the effecting of it , in destruction of the Estates of the Realm ; and OF THE LAWES OF THE KINGDOME .

4. In the 29. year of King Henry the sixth , Jack Cade , under a pretence to REFORM , alter , and abrogate some Laws , Purveyances and extortions importable to the Commons ( whereupon he was called JOHN AMEND ALL ) drew a great multitude of Kentish people to Black Heath in a warlike manner to effect it : in the Parliament of 29. H. 6. c. 1. this was adjudged High Treason in him and his Complices ; by act of Parliament : and the Parliament of 31. H. 6. c , 1. made this memorable Act against him , and his Imitators in succeeding ages ; worth serious perusual and consideration by all who tread in his footsteps and over-act him in his Treasons .

Whereas the most abominable Tyrant , horrible , odious , and erraut FALSE TRAITOR , Iohn Cade , calling himself sometimes Mortimer , sometime Captain of Kent , ( which Name , Fame , acts and Feats , to be removed out of the speeh and mind of every faithful Christian man , perpetually , ) fasly and trayterously purposing and imagining the pertual destruction of the KINGS PERSON and FINALL SUBVERSION OF THIS REALM , taking upon him * ROYALL POWER , and gathering to him the Kings people in great number , BY FALSE , SVBTIL , IMAGINED LANGVAGE , and seditiously made a stirring Rebellion , and insurrection , under Colour of Justice for Reformation of the LAWS of the said KING , robbing , slaying , spoiling a great part of his faithfull People : Our said Soveraign Lord the King , considering the promises with many other , which were more odious to remember , by advice and assent of the LORDS Spirituall and Temporall , and at THE REQVEST OF THE COMMONS , and by authority aforesaid , hath ordained and established , that the said Iohn Cade shal be had named and declared a false Traytor to cur said Soveraign Lord the King ; and that all His Tyranny , Acts , Facts , false Opinions , shall be voyded , abated , adnulled , destroyed , and put out of remembrance for ever , And that all indictments in time coming , in like case under power of Tyranny , Rebellion and stirring had , shall be of no regard , nor effect , but void in Law : and all the petitions * delivered to the said King in his last Parliament holden at Westminster , the sixth day of November , the 29 , of his Reign , against his mind , by him not agreed , shall be taken and put in oblivion out of remembrance , undone , voided , adnulled and destroyed , for ever as a thing purposed against God and his Couscience , and against his royall estate and preheminence , and also dishonourable , and unreasonable .

5. In the a 8 year of King Henry the 8. William Bell and Thomas Lacy , in the County or Kent conspired with Thomas Cheyney ( the Hermite of the Queen of Fairies ) TO OVERTHROW THE LAWS AND CVSTOMS OF THE REALM : for effecting whereof , they with 200. more met together , and concluded upon a cause , or raising greater forces in Kent , and the adjacent shires , this was adiudged high treason , and some of them executed as traytors , Moreover it b was resolved by all the Judges of in the reign of Henry S. that an Insurrection against the Statute of Labourers , or for the inhansing of salaries and wages was Treason , a levying war against the King , Because it was generally against the KINGS LAW , and the Offenders tooke upon them the REFORMATION thereof , which Subjects by gathering of power , ought not to do .

6. On a December 1. in the 21. yeer of King Henry the 8. Sir Thomas Moor , Lord Chancellor of England , with 14. more , Lords of the Privy Councel , Iohn Fitz Iames , Chief Justice of England , and Sir Anthony Fitzherbert , one of the Judges of the Common Pleas , exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinall Wolsy , That he had by divers and many sundry ways and fashions committed High Treason , and notable grievous offences , misusing , altering and subverting the order of his Graces Laws , and otherwise ; contrary to his high Honour , Prerogative , Crown , Estate and Dignity Royall , to the inestimable great hinderance , dimunition and decay of the universal Wealth of this his Graces Realm . The Articles are 43. in number : The 20 , 21 , 26 , 30 , 35 , 47 , 42 , 43. contain , his illegal , arbitrary practices and proceedings to the subversion of the due course and order of his Graces Laws , to the undoing of a great number of his loving people . Whereupon they pray , Please therefore your most excellent Majesty of your excellent goodness towards the Weal of this your Realm , and Subjects of the same , to see such order and direction upon the said Lord Cardinal , as may bee to terrible example of others , to beware to offend your Grace and your Lawes hereafter : And that he be so provided for , that he never have any power , jurisdiction or authority hereafter , to trouble , vex , or impoverish the Commonwealth of this your Realm ; as he hath done heretofore , to the great hurt and dammage of every man almost , high and low . His * poysoning himself prevented his Iudgment for these his practises .

7. The b Statute of 1. Marie● . 12. Enacts , that if 12. or more shall endeavour by force to alter any of the laws or statutes of the Kingdome : the offender shall from the time therein limited be adjudged ONELY AS A FELON : whereas it was Treason before , but this act continuing but till the next Parliament , and then expiring , the offence remains Treason as before .

8. In the a 39. of Queen Elizabeth divers in the County of Oxford consulted together , to go from house to house , in that County , and from thence to London and other parts to excite them to take arms for the throwing down of inclosures throughout the Realm ; nothing more was prosecuted , nor assemblies made ; yet in Easter Term 39. Elizabeth , it was resolved by all the Judges of England ( who met about the case ) That this was High Treason , and a levying Warre against the Queen , because it was to throw down all inclosures throughout the Kingdome to which they could pretend no right , and that the end of it was to overthrow the Laws and Statutes for Inclosures . Whereupon BRADSHAW and BVRTON ( two of the principall offenders ) were condemned and executed at Aic●ston Hill in Oxfordshire , where they intended their first meeting .

9. To come nearer to our present times and case . In the last Parliament of King Charls . Anno 16●0 . 1641 b The whole House of Commons impeached Thomas Earle of Stafford , Lord Deputy of Ireland of high Treason , amongst other Articles , for this crime especially ( wherein all the other centred , ) that he Treasonably endeavoured by his Words , actions and Counsels , to subvert the Fundamentall Lawes of ENGLAND , and IRELAND , and introduce an arbitrary and Tyrannicall Government . This the whole parliament declared and adjudged to be High treason , c in and by their votes , and a speciall act of parliament for his attainder ; for which he was condemned and soon after executed on Tower Hill as a traytor to the King and Kingdome , May 2● 1641.

10. The whole House of Common● the same Parliament impeached ` William L●●d archbishop of Canterbury , of HIGH TREASON , in these 〈…〉 1646.

First , that he hath traytorously endeavoured 〈…〉 Fundamental Lawes and Government of this Kingdome of England , and instead thereof to introduce an Arbitrary and Tyrannical Government against Law : And hee to that end hath wickedly and Traiterously advised his Majesty , that hee might at his own will and pleasure , levy and take Money of his Subjects without their consent in parliament , and this hee affirmed was warrantable by the Law of God .

Secondly , He hath for the better accomplishment of that his Trayterous design , advised and procured Sermons and other Discourses , to be preached , printed and published , in which the authority of parliaments , and the force of the Laws of this Kingdome have been denyed , and absolute and unlimited power over the persons and estates of his Majesties Subjects maintained and defended , not onely in the King , but in himself , and other Bishops against the Law .

Thirdly , he hath by Letters , Messages , Threats and promises , and by divers other ways to Judges , and other Ministers of Justice , interrupted , perverted , and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of Justice in his Majesties Courts at Westminster and other Courts , to the subversion of the LAWES of this KINGDOME , whereby sundry of his Majesties Subjects have been stopt in their just suits , deprived of their lawfull Rights , and subjected to his Tyrannicall will , to their ruine and destruction .

Fourthly , That he hath Trayterously endeavoured to corrupt the other Courts of Justice , by advising and procuring his Maiesty to sell places of Judicature , and other offices , contrary to the Laws and Customes in that behalf .

Fifthly , He hath Trayterously caused a Book of Canons to be compiled and published , without any Lawfull warrant and authority in that behalf ; in which pretended Canons many matters are contained , contrary to the Kings prerogitive , to the Fundamentall Laws and statutes of this Realm , to the Rights of Parliament , to the property , and Liberty of the subject , and matters tending to sedition and of dangerous consequence ; and to the establishing of a vast , unlawful , presumptuous power in himself and his successors , &c.

Seventhly , That he hath trayterously endeavoured to alter & subvert Gods true Religion BY LAW EST ABLISHED , and instead thereof to set up Popish Religion and Idolatry , And to that end hath declared , and maintained in Speeches and printed Books , divers popish doctrines , and opinions , contrary to the Articles of Religion , ESTABLISHED BY LAW . Hee hath urged and enjoyned divers popish and superstitious Ceremonies , WITHOUT ANY WARRANT OF LAW ; and hath cruelly persecuted those who have opposed the same , by corporal punishments , and imprisonments , and most unjustly vexed others , who refused to conform thereunto by Ecclesiastical Censures , Excommunication , Suspension , Deprivation , and Degradation , contrary to the Laws of this Kingdome .

13. He did by his own authority and power , contrary to Law , procure sundry of his Majesties Subjects , and enforced the Clergy of this Kingdome to contribute towards the maintenance of the war against the Scots .

That to preserve himselfe from being questioned for these and other his Trayterous Courses , hee hath laboured to Subvert the Rights of Parliament , and the ancient Course of parliamentary proceedings , and by false and malicious slanders to incense His Majesty against Parliaments .

All which being proved against him at his Tryall , were after solemn Argument by Mr. Samuel Brown in behalf of the Commons House proved , and soon after adjudged , to be High Treason at the Common Law , by both Houses of Parliament ; and so declared in the Ordinance for his Attainder : for which he was condemned and beheaded as a Traytor against the King , Law , and Kingdom , on Tower-hil , January 10. 1644.

11. In the a same Parliament , December 21. Ian. 14 : February 11. 1640. and Iuly 6. 1641. Sir John Finch , then Lord Keeper , chief Justice Bramston , Judge Berkley , Judge●Crawley , Chiefe Baron Davenport , Baron Weston , and Baron Turnour , were accused and impeached by the House o● Commons , by several articles transmitted to the Lords of High Treason , for that they had Traitorously and wickedly endeavoured to subvert the Fundamentall Laws and established Government of the Realm of England ▪ and instead thereof to introduce an arbitrary and Tyrannicall Government against Law ; which they had declared by traiterous and wicked words , opinions judgment , and more especially in this their extrajudical opinion subcribed by them in the case of ship-money , viz. We are of opinions that when the good and safety of the kingdome in general is concerned , and the whole kingdome in danger ; your majesty may by wr●● under the great Seal of england ( without consent in parliament ) command all your subjects of this your kingdome , at their charge to provide and furnish such a number of ships , with men victual and ammunition , and for such time as your Majesty shall think fit , for the defence and safeguard of the kingdome , from such danger and peril : and we are of opinion , that in such case , your Majesty is the sole Judge both of the danger and when , and how , the same is to be prevented and avoided ; and likewise for arguing and giving judgment accordingly in Master Iohn Hampdens case , in the Exchequer Chamber , in the point of ship money in April 1638. which said opinions are Destructive to the Fundamentall Laws of the Realm , the subjects right of propriety ; and contrary to former Resolutions in parliament , and the petition of right ; as the words of their several Impeachments run . Sir John Finch fled the Realm to preserve his head on his shoulders some others of them died through fear , to prevent the danger soon after their Impeachments and the rest put to Fines , who were less peccant .

12. Mr. Iohn Pim , in his Declaration upon the whole matter of the Charge of High Treason against Thomas Earle of Stafford , April 12. 1641. before a Committee of both Houses of Parliament in Westminster hall ; printed and published by order of the house of Commons , proves his endeavour to subvert the fundamentall Law of England , and to introduce an Arbitrary Power ; to be High Treason , and an offence very hanious in the nature , and mischievous in the effects thereof ; which ( saith he ) will best appear , if it be examined by that universall and supream Law , Salus Populi : the element of all lawes , out of which they are derived : the end of all Lawes , to which they are designed , and in which they are perfected .

1. It is an offence comprehending other all offences . Here you shall finde severall Treasons , Murthers , Rapins , Oppressions , Perjuries . There is in this Crime , a Seminary of all evills , hurtfull to a State ; and if you consider the Reasons of it , it must needs be so . The Law , is that which puts a difference betwixt Good and Evill : betwixt just and unjust . If you take away the Law , all things wiill fall into Confusion ; every man will become a law to himself , which in the depraved condition of humane nature must needs produce many great enormities . * Lust will become a Law , and Envy will become a Law , Covetousnesse and Ambition will become Lawes ; and what Dictates , what decisions such Lawes will produce , may easily be discemed in the late Government of Ireland , ( and England too since this . ) The Law hath a power to prevent , to restrain , to repair evils : without this all kinds of mischiefes and distempers will break it upon a State . It is the Law that doth the King to the alegiance and Service of his people : it intitles the people to the Portection and Justice of the King , &c. The Law is the Bondary , the measure betwixt the Kings prerogative , and the peoples liberty , whiles these move in their own Orb , they are a support and security to one another : but if these Bounds be so removed that they enter into contestation and conflict , one of these mischiefs must needs ensue . If the Prerogative of the King overwhelme the liberty of the people , it will be turned into Tyranny : If liberty undermine the peprogative it will turne into Anarchy . The Law is the safegard , the custody of all private interests , your honours , your lives , your liberties , and estates are all in the keeping of the Law , without this every man hath a like Right to any thing : and this is the condition into which the Irish were brought by the Earle of Strafford , ( and the English by others who condemned him . ) And the reason which he gave for it , hath more mischiefe than the thing it selfe : THEY ARE A CONQUERED NATION ( Let those who now say the same of England , as well as Scotland , and Ireland , consider and observe what follows , ) There cannot be a word more pregnant and fruitfull IN TREASON , then that word is , There are few Nations in the world , that have not been conquered , and no doubt but the Conquerour may give what Laws he please , to those that are conquered . But if the succeeding Acts and agreements do not limit & 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 then Ireland . If the King by the Right of a Conquerour give Lawes to his people , shall not the people by the same reason be restored to the Right of the conquered , To recover their Liberty if they can ? What can be more hurtfull , more pernicious than such Propositions as these ?

2. It is dangerous to the Kings Person : and dangrous to his Crown : It is apt to cherish Ambition , usurpation and Oppression in great men : and to beget Sedition , Discontent in the people , and both these have been , and in reason must ever be causes of great Trouble and Alterations to Prince and State . If the Histories of those Easterne Countries be perused , where Princes order their Affaires according to the mischievous Principles of the Earle of Straffords LOOSE and ABSOLVED FROM ALL RULES OF GOVERNMENT ; they will be found to be frequent in combustions , full of Massacres , and of the tragicall end of Princes . If any man shall look into our own Stories in the times , when the Laws were most neglected , he shall finde them full of Commotions , of Civil Distempers : whereby the Kings that then raigned were alwayes kept in want and distresse , the people consumed with CIVILL WARRES ; 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 horror and earnest Prayer , that it may never be so again .

3. As it is dangerous to the Kings person and Crown , so it is in other respects very prejudiciall to His Majesty , in honour , profit and greatnesse ( which he there proves at large , as you may there read at leasure ) and yet these are the Guildings and Paintings , that are put upon such Counsells : 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 warres , but doth corrupt Peace , and powres 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 beene under the fury and rage of Warre . And as for Industry and Valour , who will take paines 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 Coine ; 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 Warre threatens a Kingdome , by the comming of a forreign enemy , it is no time then to discontent the people , to make them weary of the PRESENT GOVERNMENT , and more inclinable to a change . The Supplies which are to come in this way , will be unready , uncertain ; there can be no assurance of them , no dependence upon them , either for time or proportion . And if some money be gotten in such a way , the Distractions , the Divisions , Distempers , which this cause is apt to produce , will be more prejudiciall to the publick safty , than the Supply can be advantageous to it .

6. This crime is contrary to the Pact and Covenant between the King and his people , by mutall 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 restraeine the excessive power and violence of great Men : to open passages of Justice with indifference towards all .

2. To preserve men in their Estates , to secure them in their Lives and Liberties .

3. That vertue should be cherished , and vice suppress●d : but where Laws are subverted , and arbitrary and unlimited power set up ; a way is open not onely for the security , but for the Advancement and Incouragement of evill . Such men as are * aptest for the execution and maintenance of this power are onely capable of Preferment , and others , will not be Instruments of any unjust commands , who make conscience to doe any thing against the Law of the Kingdome , and Libbeties of the Subject , are not only not passable for imployment ; but SUBJECT TO MUCH JEALOUSY and DANGER , ( Is not this their condition of late and present times ? expertus quor . )

4. That all Accidents and events , all Counsels , and Designs , should be improved to the publick good . But this arbitrary power is apt to dispose all to the maintenance of it self . And is it not so now ?

8. The Treasons of Subversions of the Lawes , violation of liberties can never be good or justifiable by any circumstance or occasion , being evil in their own nature , how specious or good so ever 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 Counsel had brought the King ( as others the Kingdome since ) into a necessity ; and by no Rules of Justice can be allowed to gain this advantage to his Justification ; which is a GREAT PART OF HIS OFFENCE .

9. As this is Treason in the nature of it , so it doth exceed all other Treasons in this ; that in the Designe and endeavour of the Authour , it was to be A CONSTANT and PERMANENT TREASON ; a standing , perpetuall Treason , which would have been in continuall Act , not determined within one Time or Age , but transmitted to Posterity , even from Generation to Generation . And are not others Treasons of late times such , proclaimed such , in and by their owne Printed Papers , and therein exceeding Straffords ?

10. As it is a crime Odious in the nature of it , so it is odious in the Judgement and Estimation of the Law . TO ALTER THE SETTLED FRAME AND CONSTITUTION OF GOVERNMENT IN ANY STATE . ( Let those consider it who are guilty of it in the Highest Degree , beyond Strafford , Canterbery , or the Shipmoney Judges in our own State ) The Lawes whereby all parts of a Kingdom : are preserved , should be very vaine 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 equall , then that he should perish by the Justice of the Law , which he would have subverted . Neither will this be a New way of blo●d . There are marks enough to trace this Law to the very Originall of this Kingdome . And if it hath not been put in execution , as he alledgeth this 240 yeares ; it was not for want of Law , but that all that time had not bred a man * bold enough to commit such crimes as these : Which is a circumstance much aggravating his Offence , and making him no lesse liable to punishment , because he is THE * ONELY MAN , that in so long a time hath ventured UPON SUCH A TREASON AS THIS .

Thus far Mr. John Pym ; in the Name and by the Order and Authority of the whole Commons House in Parliament , which I wish all those , who by their Words , Actions , Counsels ( and printed Publications too , have trayterously endeavored to subvert the Fundamentall Lawes , Liberties of England and Ireland , and to introduce an arbitrary and Tyrannical Government against Law , as much as ever Strafford did , and out stripped him therein , ( ever since his execution ) in all particulars , for which he was beheaded ; would now seriously lay to heart , and speedily reform , lest they equall or exceed him conclusion , in Capitall punishments for the same , or endlesse Hellish Torments .

The next Authority I shall produce in point is , The speech and declaration of Mr. Oliver St. John at a Conference of both Houses of Parliament , concerning Ship-mony upon Judge Finches Impeachment of High Treason , January 14. 1640. printed by the Commons Orders , London , 1641. wherein he declares the sense of the Commons . p. 12. &c.

That by the Judges Opinions ( forecited ) concerning Ship-mony THE FUNDAMENTAL LAWS OF THE REALM CONCERNING OUR PROPERTY and OUR PERSONS ARE SHAKEN . Whose Treasonable Offence herein , he thus aggravates . p. 20. &c. The Judges , as is declared in the Parliament of 11 R. 2. are the Executors of the Statutes , and of the Judgements and Ordinances of Parliament . They have here made themselves the * EXECVTIONERS OF THEM : they have endevoured THE DESTRVCTION OF THE FVND AMENTALS OF OVR LAWS and LIBERTIES . Holland in the Low-Countries lies under the Sea : the Superficies of the Land , is lower than the Superficies of the Sea . It is Capitall therefore for any man to cut the Banks , because they defend the Country . Besides our own , even Forreign Authors , as Comines observes , That the Statute DE TALLAGIO , and the other old Laws are the Sea walls and Banks , which keep the Commons from the inundation of the Prerogative . These * Pioners have not onely undermined these Banks , but they have levelled them even with the ground . If one that was known to be Hostis Patriae , had done this , thought the Dammage be the same , yet the Guilt is lesse ; but the Conservatores Riparum , the overseers instructed with the Defence of these Banks , for them to destroy them ; the breach of Trust aggravates , nay alters the nature of the offence . Breach of trust , though in a private Person , and in the least things , is odious amongst all men : much more in a publick Person , in things of great and publick concernement , because * GREAT TRUST BINDS THE PARTY TRUSTED TO GREATEST CARE AND FIDELITY .

It is TREASON in the Constable of Dover-Castle to deliver the Keys to the known enemies of the Kingdome , because the Castle is the Key of the Kingdome : whereas if the house-keeper of a private person , deliver possession to his Adversary , it is a crime scarce punishable by Law . The * Judges under his Majesty , are the Persons trusted with the Laws , and in them with the Lives , Liberties and Estates of the whole Kingdome . This Trust of all we have , if primarily from his Majesty , and * in him delegated to the Judges . His Majesty at his Coronation is bound by his Oath TO EXECUTE JUSTICE TO HIS PEOPLE ACCORDING TO THE LAWS , thereby to assure the people of the faithfull performance of his Great Trust : His Majesty again , as he trusts of Judges with the performance of this part of his Oath ; so doth he likewise exact another Oath of them , for their due execution of justice to the people , according to the Laws : hereby the Judges stand intrusted with this part of his Majesties Oath . If therefore the Judges shall do wittingly against the Law , they do not onely break their own oaths , and therein the Common Faith and trust of the whole Ki●●dome , but do as much as in them lies , sperse and blemish the sacred Person of his Majesty with the odious and hateful fin of * Perjury .

My Lords , the hainousnesse of this offence is most legible in the * severe punishment which formour ages have inflicted upon those Judges , who have broken any part of their Oaths wittingly , though in things not so dangerous to the Subject , as in the case in question . * Sir Thomas Wayland , Chief Justice of the Common-pleas , 17 E. 1. was attainted of Felony for taking bribes , and his Lands and goods forefeited , as appears in the Pleas of Parlament , 18 E. 1. and he was banished the Kingdome , as unworthy to live in the State against which he had so much offended . * Sir William Thorp Chief Justice of the Kings Bench in Edward the thirds time , having of five persons received five severall Bribes , which in all amounted to one hundred pounds , was for this alone , adjudged to be hanged , and all his goods and Lands forfeited : The reason of the Judgement is entered in the Roll in these words . Quia praedictus Wilielmus * Throp qui Sacramentum Domini Regis erga populum suum habuit ad custodiendum , fugit malitiosè falsò & rebeliter , quantum in ipso suit , There is a notiable declaration in that Judgement , that this Judgement was not to be drawn into example , against any other officers , who should break their Oaths , but onely against those , qui predictum Sacramentum fecerunt , & fregerunt , & * habent Leges Angliae ad custodiendum : That is onely to the Judges Oaths , who have the Laws intrusted unto them . This Judgement was given 24. E. 3. The next year in Parliament 25 E. 3. Numb. 10. it was debated in Parliament , whether this Judgement was legall ? Et nullo contradicente , is was declared , TO BE JUST AND ACCORDING TO THE LAW : and that the * same Judgement may be given in time to come upon the like occasion . This case is in point , That it is death for any Judge wittingly , to break his oath in any part of it . This oath of Thorp is entred in the Roll , and is the same verbatim with the Judges Oath in 18 E. 3. and is the same which the Judges now take . ( And let those who have taken the same Oath , remember and apply this President , lest others do it for them . )

Your Lordships will give me leave to observe the differences between that and the case in question .

1. That of Thorp , was only a selling of the Law by Retail to those five persons ; for he had five severall bribes , of these five persons ; the Passage of the Law to the rest of the Subjects for ought appears , was free and open . But these Opinions are a conveyance of the Law by wholesale , and that not to , but from the Subject .

2. In that of Thorp , as to those five persons , it was not an absolute den●all of Justice , it was not a damming up , but a straightning only of the Chanel . For whereas the Judges ought Judicium reddere , that is , the Laws being THE BIRTHRIGHT and INHERITANCE OF THE SVBJECT , the Judge when the parties in suit demand Judgment , should re● dare , freely restore the Right unto them ; now he doth not dare , but vendere , with hazard only of perverting Justice ; for the party that buyes the Judgement , may have a good and honest cause . But these Opinions , besides that they have cost the Subjects very dear , dearer then any , nay , I think I may truly say , then all the unjust Judgements that ever have been given in this Realm , witnesse the many hundred thousand pounds , which under colour of them have been levied upon the Subjects , amounting to * seven hundred thousand pounds and upwards , that have been paid unto the Treasurer of the Navy , ( in sundry years ) besides what the Subjects have been forced to pay Sheriffes , Sheriffes-Bayliffes , ( and now an hundred times more to Troopers , and Souldiers , who forcibly levy their unlawfull Contributions , and Excises ) and otherwise ; which altogether as is conceived , amounts not to lesse then a million ( in five years space , whereas now we pay above two Millions in Taxes , Imposts , Excises , every year ) besides the infinite vexations of the Subject by suits in Law , binding them over , attendance at the Councel Table , taking them from their necessary imployments , in making Sesses , and Collections , and imprisonment of their persons ( all now trebled to what then ) I say besides what is past , to make our miseries compleat , they have as much as in them is MADE THEM ENDLESSE ( as others since have done ) for by these Opinions they have put vpon themselves and their Successors , An impossibility of ever doing us right again , and an incapacity upon us of demanding it so long as they continue

( as the Compilers of the late Instrument , with 42. Strings , intituled , The Government of the Common-wealth of England , &c. Artic. 1 , 2 , 3 , 9 , 10 , 12 , 22 , 24 , 25 , 26 , 27 , 28 , 31 , 32 , 36 , 37 , 38 , 39. have done , as far as they , and much beyond them . )

In that sore famine in the Land of Egypt , when the inhabitants were reduced to the next door to death ( for there they say , why should we die ? ) for bread , First they give their mony , next their flocks and Cattle , last of all their persons and Lands for bread ; all became Pharaohs ; but by this Lex Regia , there is a transaction made , not only of our persons , but of our bread likewise , wherewith our persons should be sustained ; that was for bread , this of our bread . For since these Opinions , if we have any thing at all , we are not at all beholding TO THE LAW FOR IT , but are wholly cast UPON THE MERCY and GOODNESSE OF THE KING . Again , there the Egyptians themselves , sold themselves , and all they had to the King , if ours had been so done ; if it had been so done by our own free consent in Parliament , we had the lesse cause to complain : But it was done against our wills , and by those who were trusted , and that upon Oath , with the preservation of these things for us . The Lawes are our Forts , and Bulwarks of Defence : If the Captain of a Castle , only out of fear and Cowardize , and not from any Compliance with the enemy surrender it , This is TREASON , as was adjudged in Parliament , 1 R. 2. in the two Cases of Comines and Weston , and in the Case of the Lord Gray , for surrendring Barwick Castle to the Scots , in Edward the thirds time , though good defence had been made by him , and that he had lost his eldest son in maintenance of the Siege : and yet the losse of a Castle Ioseph not the Kingdome , only the place and adjacent parts , with trouble to the whole . But by the Opinions , there is a Surrender made of all our Legall defence of Property : that which hath been preacht is now judged ; that there is no Meum & Tuum , between the King and people ; besides that which concerns our Persons .

The Law is the Temple , the Sanctuary , whether Subjects out to run for shelter and Refuge : hereby it is become Templum sine numine , as was the Temple built by the Roman Emperour , who after he had built it , put no gods into it . We have the Letter of the Law still , but not the sense : we have the Fabrick of the Temple still , but the Dii Tutelares are gone . But this is not all the Case , that is , That the Law now ceaseth to aide and defend us in our Rights , for then possession alone were a good Title , if there were no Law to take it away : Occupanti concederetur , & melior esset Possidentis conditio : But this : though too bad is not the worst : for besides that which is Privitive in these Opinions , there is somewhat positive . For now the Law doth not only not defend us , but the Law it self , ( by temporising Judges and Lawyers ) is made the Instrument of taking all away . For whensoever his Majesty or his Successors , shall be pleased to say , that the good and safety of the Kingdome is concerned , and that the whole Kingdome is in danger , the when and how , the same is to be prevented , makes our persons and all we have liable to bare will and Pleasure . By this means , The Sanctuary is turned into a Shambles ; the Forts are sleighted , that so they might neither do us good nor hurt ; But they are held against us by those who ought to have held them for us , and the mouth of our own Canon is turned upon our own selves :

and that by our own military Officers , Souldiers , and others since , as well as the Ship money Judges then ) Thus farre Mr. Oliver St. John ( by the Commons Order ) whose words I thought fit thus to transcribe at large , because not only most pertinent , but seasonable for the present times ; wherein as in a Looking Glasse , some pretended Judges and Grandees , of these present and late past times , may behold their own faces and deformities ; and the whole Nation their sad condition under them . In the residue of that his printed Speech , he compares the Treason of the Ship-money Judges , and of Sir Robert Tresylium and his Complices in XI . R. 2. condemned and executed for Traytors by Judgement in Parliament , for endevouring to subvert the lawes and statutes of the Realm by their illegall Opinions then delivered to King Richard at Nottingham Castle , not out of conspiracy , but for fear of death and corporall Torments wherewith they were menaced : whose offence he there makes transcendent to theirs then in six particulars , as those who please may there read at leisure , being over large to transcribe , I could here inform you , that the Fundamentall lawes of our Nation , are the same in the Body politique of the Realm , as the Arteries , Nerves , Veins , are in , and to the naturall Body , the Bark to the tree ; the Foundation to the House : and therefore the cutting of them asunder , or their Subversion , must of necessity , kill , destroy , disjoyne and ruine the whole Realme at once : therefore it must be Treason in the highest degree . But I shall only subjoyn here some materiall passages , in his Argument at Law , concerning the Attainder of high Treason of Thomas Earl of Strafford , before a Committee of both Houses of Parliament in Westminster Hall , April 29. 1641. soon after printed and published by Order of the Commons House : wherein p. 8. he laies down his Position ; recited again , p. 64.

That ( Straffords ) Endeavouring to subvert the Fundamentall Lawes and Government of England and Ireland , and instead thereof to introduce a tyrannicall Government against Law , is Treason by the Common-Law . That Treasons at the Common-Law , are not taken away by the Statutes , by 25. E. 3. 1. H. 4. c. 10. 1. Mar. c. 1. nor any of them .

The Authorities , Judgements in and out of Parliament which he cites to prove it , have been already mentioned , with some others he omitted ; I shall therefore but transcribe his Reasons to evince it to be Treason , superadded to those alledged by him against the Ship money Judges .

Pag. 12. It is a Warre against the King ( Let our Military Officers and souldiers consider it ) when intended . The alteration of the Lawes or Government in any part of them . This is a levying Warre against the King ( and so Treason within the Statute of 25 ▪ E ▪ 3. )

1. Because the King doth maintain and protect the Lawes in every part of them .

2. Because they are the Kings lawes . He is the Fountain from whence in their severall Channels , they are derived to the Subject . Whence all our indictments run thus : Trespasses laid to be done , Contra pacem Domini Regis , &c. against the Kings Peace for exorbitant offences ; though not intended against the Kings Person ; against the King his Crown and dignity .

Pag. 64. In this I shall not labour at all to prove , That the endevouring by words , Counsels and actions , To subvert the Fundamentall Lawes and Government of the Kingdome is Treason at the Common Law . If there be any Common Law Treasons at all left , NOTHING TREASON IF THIS NOT , TO MAKE A KINGDOME NO KINGDOME . Take the Polity and Government away , England's but a piece of earth , wherein so many men have their commerce and abode , without rank or distinction of men , without property in any thing further than in possession ; no Law to punish the murdering , or robbing one another .

Pag. 70 , 71 , 72. The horridnesse of the offence in endeavouring to overthrow the Lawes and present Government , hath been fully opened before . The Parliament is the representation of the whole Kingdome , wherein The King as Head , your Lordships as the more Noble , and the Commons , the other Members are knit together in one body Polititick . This dissolved , the Arteries and Ligaments that hold the body together , THE LAWES . He that takes away the Lawes , takes not away the Allegiance of one Subject only , but of the whole Kingdome . It was made Treason by the Statute of 13. Eliz. for her time to affirm , That the Lawes of the Realme doe not binde the descent of the Crown . No Law , no descent at all , NO LAWES NO PEERAGE , no ranks nor degrees of men , the same condition to all . It s Treason to kill a Judge upon the Bench ; this kils not Judicem sed JVDICIVM . There be twelve men , but no Law ; never a Judge amongst them . It s felony to embezel any one of the Judiciall Records of the Kingdome : THIS AT ONCE SWEEPS THEM ALL AWAY and FROM ALL . It s Treason to counterfeit a twenty shilling piece : here 's a counterfeiting of the Law : we can call neither the counterfeit nor the true coin our own . It s Treason to counterfeit the Great Seal for an Acre of Land : No property is left hereby to any Land at all , Nothing Treason now , against King or Kingdome ; No Law to punish it .

My Lords , if the question were asked in Westminster Hall , whether this were a Crime punishable in Star Chamber , or in THE KINGS BENCH , by Fine or imprisonment ? They would say , It were higher . If whether Felony ? They would say , That is an offence only against the life or goods of some one , or few persons . It would I beleeve be answered by the Judges , as it was by the Chief Justice Thirning , 21 R. 2. That though he could not judge the Case TREASON there before him , yet if he were a Peer in Parliament ; HE WOVLD SO ADJUDGE IT . ( And so the Peers did herein Straffords , and not long after in Canterburies Case , who both lost their heads on Tower Hill .

I have transcribed these passages of Mr. Oliver St. Iohn at large for five Reasons .

1. Because they were the voice and sense of the whole House of Commons by his mouth ; who afterwards owned and ratified them by their speciall Order for their publication in print , for information and satisfaction of the whole Nation , and terrour of all others who should after that , either secretly or openly , by fraud or force , directly or indirectly , attempt the subversion of all , or any of our Fundamentall Laws , or Liberties , or the alteration of our Fundamentall Government , or setting up any arbytrary or Tyranicall Power , Taxes , Impositions , or new kinds of arbitrary Judicatories , and imprisonments against these our Lawes and Liberties .

2. To mind and inform all such who have not only equalled , but transcended Strafford and Canterbury in these their High Treasons , even since these Publications , Speeches , and their exemplary executions , of the hainousnesse , in excusablenesse , wilfulnesse , maliciousnesse , Capitalnesse of their crimes ; which not only the whole Parliament in generality , but many of themselves in particular , so severely prosecut , condemned , and inexorably punished of late years in them : that so they may bewail , repent of , and reform them with all speed and diligence , as much as in them lies . And withall , I shall exhort them seriously to consider that Gospel terrifying passage , Rom. 2. 1 , 2 , 3. Therefore thou art inexcusable O man , whosoever thou art that judgest ; for wherein thou judgest another , thou CONDEMNEST THY SELF , FOR THOU THAT JUDGEST , DOEST THE SAME THINGS . But we are sure that the judgement of God is according to truth against them which commit such things . And thinkest thou this , O man , that judgest them which do such things , and doest the same , that thou shalt escape the Judgment of God .

3. To excite all Lawyers , expecially such who of late times have taken upon them the stile and power of Judges , to examine their consciences , actions , how far all or any of them have been guilty of these crimes and Treasons , so highly agravated , and exemplarily punished of former and latter times , in corrupt , cowardly time-serving , degenerate Lawyers and Judasses , rather then Judges , to the disgrace of their Profession , and prejudice of the Fundamentall Lawes , Liberties , Rights , Priviledges of our Nation , Peers , Parliaments , subversion of the Fundamentall Government of this famous Kingdome , whereof they are Members .

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 , Lieutenam Colonel Lilburn , tryed and cast , and other forementioned publications : ) who pro●es●edly set themselves by words , writing , Counsels and overt Acts to subvert both our old Fundamentall ( and all other Laws ) Liberties , Customes , Parliaments and Government , what transcendent Malefactors , Traytors and Enemies they are to the publick , and what Capitall punishments , they may thereby incurre , as well as demerit , should they be legally prosecuted for the same ; and thereupon to advise them timely to repent of , and desist from such high Treasonable Attempts .

5. To clear both my self and this my seasonable Defence of our Fundamentall Lawes , Liberties , Government , from the least suspition or shadow of Faction , Sedition , Treason , and Enmity to the publick peace , weal , settlement of the Nation , which those , ( and those only ) who are most Factions and sediditious , and the greatest Enemies , Traytors to the publick tranquility , weal and establishment of our Kingdome , ( as the premises evidence ) will be ready maliciously to asperse both me and it , with , as they have done some other of my writings of this nature ; with all which , they must first brand Mr. St. John , Mr. Pym , the whole House of Commons , the last two , with all other Parliaments forecited , ere they can accuse , traduce , or censure me , who do but barely relate , apply their words and judgments without malice or partiality , for the whole Kingdomes benefit and security .

To these punctuall full Jury of Records and Parliamentary Authorities in point , I could accumulat Sir Edward Cook his 3. Institutes , p. 9. printed and authorised by the House of Commons speciall Order , the last Parliament : The severall Speeches of Mr. Hide , Mr. Walker , Mr. Pierpoint and Mr. Hollis ; July 6. 1641. at the Lords Bar in Parliament , by order of the Commons House , at the Impeachment of the Shipmony Judges of High Treason , printed in Diurnall Oc●urrences , and speeches in Parliament , London 1641. p. 237. to 264. Mr. Samuel Browns Argument at Law before the Lords and Commons at Canterburies Attainder ; all manifesting , their endevouring to subvert the Fundamentall Laws and government of the Nation to be HIGH TREASON ; with sundry other printed Authorities to prove , That we have fundamental Laws , Liberties , Rights , and a fundamentall Government likewise , which ought not to be innovated , violated , or subverted upon any pretences whatsoever , by any power or prevailing Faction . But to avoid prolixity , ( the double Jury of irrefragable and punctuall Authorities already produced , being sufficient to satisfie the most obstinate Opposites formerly contradicting it ) I shall onely adde three swaying Authorities more , wherewith I shall conclude this point .

The first is a very late one , in a Treatise intituled , A true State of the Common wealth of England , Scotland and Ireland , and the Dominions thereunto belonging , in Reference to the late established Government , by a Lord Protector and a PARLIAMENT . It being the Judgement of DIVERS PERSONS , who throughout these late troubles , have approved themselves faithfull to the Cause and interest of God , and their COUNTRY : presented to the Publick , for the satisfaction of others . Printed at London 1654. who relating the miscarriages of the last Assembly at Westminster , use these expressions of them , p. 13 , 14 , 16 , 17 , 21 , 22. But on the contrary , it so fell out in a short time , that there appeared many in this Assembly of very contrary Principles to the interest aforesaid , which led them violently on to attempt and promote many things , the consequence whereof woul● have been : A Subverting of the fundamentall Laws of the Land , the Destruction of Property , and an utter extinguishment of the Gospel . In truth their Principles led them TO A PULLING DOWN ALL AND ESTABLISHING NOTHING . So that instead of the expected settlement , they were running out into FURTHER ANARCHY and CONFUSION . As to the Laws and Civil Rights of the Nation , nothing would serve them , but A TOTALL ERADICATION OF THE OLD , and INTRODUCTION OF A NEW : and so the Good , Old Laws of England , ( the Guardians of our Lives and Fortunes ) established with prudence , and confirmed by the experience of many Ages and Generations : ( The Preservation whereof , was a principall Ground of our late Quarrel with the King ) having been once abolished , what could we have expected afterward , but an inthroning of Arbitrary Power in the Seat of Judicature , and an exposing of our Lives , our Estates , our Liberties , and all that is dear unto us , as a Sacrifice to the boundlesse Appetite of M●er 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 , but this New Powder Treason Plot , set on foot by the Jesuites and Anabaptists , to destroy our Laws , Liberties , properties , Ministers , and Religion it self , at one blow , and that in the very Parliament House , where they had been constantly defended , vindicated , preserved , established in all former ages by all true English Parliaments .

The second is , a The Votes of the House of Commons , concerning a Paper presented to them , entituled An agreement of the people for a firm and present peace , upon grounds of Common Right 9. November , 1647. viz.

Resolved upon the Question , That the matters contained in these Papers , Are destructive to the being of Parliaments , and to the Fundamentall Government of this Kingdome ,

Resolved , &c. That a Letter be sent to the Generall and those Papers inclosed , together with the Vote of this House upon them ; And that he be desired to examine the proceedings of this businesse in the Army ( where it was first coined ) and return an Accompt hereof to this House .

These Votes were seconded soon after with these ensuing votes , entred in the Commons Journall , and printed by their special Order , 23. November , 1647.

A Petition directed to the Supream Authority of England , the Commons in Parliament assembled , The humble petition of many Free born people of England , &c. was read the first and second time .

Resolved upon the Question , that this petition is , A sedititious and contemptuous avowing and prosecution of a former petition and paper annexed , stiled , an agreement of the people formerly adjudged by this House , to be Destructive to the being of Parliaments and Fundamentall Government of the Kingdome .

Resolved , &c. That Thomas Prince Cheesemonger , and Samuel Chidley , be forthwith committed prisoners to the Prison of the Gatehouse , there to remain prisoners during the pleasure of this House , for a Seditious avowing and prosecution of a former Petition , and Paper annexed , stiled , An Agreement of the people , formerly Ajudged by this House to be destructive to the being of Parliaments and fundamentall Government of the Kingdome .

Resolved &c. That Jeremy Jues , Thomas Taylor and William Larnar , be forthwith committed to the Prison of Newgate , there to remain Prisoners , during the pleasure of this House , for a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed , stiled , An Agrement of the people , formerly adjudged by this House , to be destructive to the being of Parliaments and Fundamentall Government of this Kingdome .

Resolved , &c. That a Letter be prepared and sent to the Generall ; taking notice of his proceeding in the execution ( according to the Rules of Warre ) of a mutinous person ( avowing and prosecuting this agreement in the Army contrary to these Votes ) at the Rendezvouz near Ware ; and to give him thanks for it : and to desire him to prosecute that Businesse the to bottome ; and to bring Such guilty persons as he shall think fit , to condigne and exemplary Punishment .

Resolved , &c. That the Votes upon the Petition and Agreement annexed , and likewise the Votes upon this Petition be forthwith printed and published .

After which by a Speciall Ordinance of both Houses of Parliament , 17 December , 1647. No person whatsoever , who had contrived , plotted , prosecuted or entred into that Engagement inti●uled The agreement of the people declared To be destructive to the being of Parliaments , and Fundamentall Government of the Kingdome , for one whole year , was to be elected , chosen or put into the office or Place of Lord Mayor or Alderman , Sheriffe , Deputy of a Ward , or Common Councel man of the City of London ; or to have a voice in the Election of any such Officer .

All these particulars , with the Capitall Proceedings against White and others who fomented this Agreement in the Army , abundantly evidence the veriey of my foresaid Proposition , and the extraordinary guilt of those Members and Souldiers , who contrary to their own Votes , Ordinances , Proceedings and Censures of others , have since prosecuted this , the like , or far worse Agreement , to the destruction of our ancient Parliaments and their Priviledges , and the fundamentall Government , Laws and Liberty of our Nation , which I wish they would now sadly lay to heart .

The third is the memorable Statutes of 3. Jacobi ch 1 , 2 , 4 , and 5. Which relating the old Gunpowder Treason of the Jesuites and Papists , and their infernal , inhumane , barbarous , detestable plot , to blow up the King , Queen , Prince , Lords , Commons , and whole House of Peers with Gunpowder , when they should have been assembled in Parliament , in the upper House of Parliament , upon the fifth of November , in the year of our Lord 1605. do aggravate the hainousnesse and transcendency thereof by this circumstance , That it was ( as some of the principall Conspirators thereof confessed ) purposely devised and concluded to be done in the said House , That where sundry necessary and Religious Laws for Preservation of the Church and State were made ( which they falsely and standerously term , Cruel Laws enacted against them and their Religion ) Both Place and Persons should be all destroyed and blown up at once : And by these dangerous consequences if it had not been miraculously prevented , but taken effect . That it would have turned to the utter ruine , overthrow and Subversion Of the whole State and Common-wealth of this flourishing and renowned Kingdome and Gods true Religion therein established by Law , and of our Laws and Government . For which horrid Treason , they were all attainted , and then executed as Traytors , and some of their Heads , Quarters , set up upon the Parliament House for terrour of others . Even so let all other Traytors , Conspirators against our Fundamental Laws , Liberties , Government , Kings , Parliaments , and Religion , treading presumptuously in their Jesuiticall footsteeps , * perish O Lord , but let them who cordilally love , and strenuously maintain them against all Conspirators , Traytors , Underminers , Invaders whatsoever , be as the Sun when he goeth forth in his might : That the Land may have rest , peace , settlement again , for as many years at least , as it had before our late innovations , Wars , Confusions , by their restitution and establishment .

CHAP. II.

HAving thus sufficiently proved , That the Kingdome , and Freemen of England , have some ancient , hereditary Rights , Liberties , Franchises , Priviledges , Customes , properly called FVNDAMENTALL , as likewise a Fundamentall Government , no wayes to be altered , under mined , subverted , directly or indirectly , under the guilt and pain of High Treason in those who attempt it ; especially by Fraud , Force , or armed Power .

I shall in the second place present you in brief Propositions , a Summary of the chiefest and most considerable of them , which our prudent Ancestors in former ages , and our latest reall Parliaments , have both declared to be , and eagerly contested for , as Fundamentall and Essentiall to their very being and well being , as a Free people , Kingdome , Republick , unwilling to be enslaved under any yokes of Tyranny or arbitrary power , that so the whole Nation may the more perspicuously know and discern them , the more strenuously contend for them , the more vigilantly watch against their violations , underminings in any kind , by any Powers , or Pretences whatsoever ; and transmit , perpetuate them intirely to their posterities , as their best and chiefest inheritance .

I shall comprise the Summe and Substance of them all in these 9. Propositions ; beginning with the Subjects Property , which hath been more frequently , universally invaded , assaulted , undermined by our Kings , and their evill instruments ; and thereupon more strenuously , frequently and vigilantly maintained , retained by our Nobles , Parliaments and the people in all ages ( till of late years ) than any or all of the rest put together , though every of them have been constantly defended , maintained , when impugned , or incroached upon by our Ancestors and our selves .

1. That no Tax , Tallage , Aid , Subsidy , Custome , Contribution , Loan , Imposition , Excise or other Assessement whatsoever , for Defence of the Realm by Land or Sea , or any other publick ordinary , or extraordinary occasion , may or ought to be imposed , or levyed upon all or any of the Freemen of England , by reason of any pretended or reall Danger , Necessity or other pretext ; by the Kings of England , or any other Powers , but onely with and by their common consent and Grant , in a free and lawfull Parliament duly summoned and elected : Except onely such ancient , legall Ayds , as they are specially obliged to render by their Tenures , Charters , Contracts , and the Common Law of England .

2. That no Freeman of England ought to be arrested , confined , imprisoned , in any private Castles , or remote , unusuall Prisons under Souldiers or other Guardians , but onely in usuall or Common Gaols , under sworn , responsible Gaolers , in the County where he lives , or is apprehended , and where his Friends may freely visit and relieve him with necessaries : And that onely for some just , and legall cause expressed in the Writ , Warrant , or Processe , by which he is arre●●ed , or imprisoned ; which ought to be legally executed by known , legal , responsible sworn Officers of Justice , not unknown military Officers , Troopers , or other illegall Catchpols , That no such Freeman ought to be denied bail , Mainprise , or the benefit of an Habeas Corpus , or any other Legal Writ for his enlargement , when bailable or incumpernable by Law ; nor to be detained prisoner for any reall or pretended Crime , not bailable by Law , then untill the next Generall or Speciall Gaol-delivery , held in the County where he is imprisoned ; where he ought to be legally tried and proceeded against , or else enlarged by the Justices , without deniall or delay of Right and Justice . And that no such Freeman may or ought to be outlawed , exiled , condemned to any kind of corporall punishment , losse of Life or Member , or otherwise destroyed or passed upon , but onely by due and lawfull Processe , Indictment , and the lawfull Triall , Verdict and Judgment of his Peers , according to the good old Law of the land , in some usuall Court of Publick Justice : not by and in a new illegall , Military , or other Arbitrary Judicatories , Committees , or Courts of High Justice , unknown to our Ancestors .

3. That no Freeman of England , unlesse it be by Speciall Grant and Act of Parliament may or ought to be compelled , enforced , pressed or arrayed to go forth of his own Countrey ( much lesse out of the Realm into forreign parts ) against his will in times of Warre or Peace , or except he be specially obliged thereto by ancient Tenures and Charters ; save onely upon the sudden coming of strang enemies into the Realm , and then he is to array himself onely in such sort , as he is bound to do by the ancient Laws and Customs of the Kingdome still in force .

4. That no Freeman of England , may or ought to be disinherited , disseised , dispossed or deprived of any inheritance , Freehold , liberty , Custome , Franchise , Chattle , Goods whatsoeuer without his own Gift , Grant , or free Consent , unlesse it be by lawfull Processe , Triall and Judgment of his Peers , or speciall Grant by act of Parliament .

5. That the old received Government , Laws , Statutes , Customes , Priviledges , Courts of Justice , legall Processe of the Kingdome and Crown ought not to be altered , repealed , suppressed , nor any new from of Government , Law , Statute , Ordinance , Court of Judicature , Writs , or legall Proceedings instituted or imposed on all or any of the Free men of England , by any Person or Persons , but onely in and by the Kingdomes free and full Consent in a lawfull Parliament , wherein the Legislative Power solely resides .

6. That Parliaments ought to be duly summoned , and held for the good and safety of the Kingdome every year , or every three years at least , or so often as there is just occasion . That the Election of all Knights , Citizens , and Burgesses , to sit and serve in Parliament ) and so of all 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 or secluded thence . And that all Parliaments not thus duly summoned , elected whilst held , but unduly packed , and all Acts of Parliament fraudulently and forcibly procured by indirect means , ought to be nulled , repealed , as void , and of dangerous president .

7. That neither the Kings nor any Subjects of the Kingdome of England , may or ought to be summoned before any Forreign Powers or Jurisdictions whatsoever , out of the Realm , or within the same , for any manner of Right , Inheritance , Thing belonging to them , or Offence done by them within the Realm .

8. That all Subjects of the Realm are obliged by Allegiance and duty to defend their Lawfull Kings , Persons , Crowns , the Laws , Rights and Priviledges of the Realm , and of Parliament against all Usurpers , Traytors , violence , and Conspiracies . And that no Subject of this Realm , who according to his duty , and Allegiance shall serve his King in his Warres , for the just defence of him and the Land , against Forreign enemies or Rebels , shall lose or forfeit any thing for doing his true duty , service , and Allegiance to him therein ; but utterly discharged of all vexation , trouble , or losse .

9. That no publick Warre by Land or Sea ought to be made or levied with or against any Forreign Nation , or Publick Truce or League entred into with Forreign Realms or States , to bind the Nation , without their Common advice and consent in Parliament .

10. That the ancient , Honours , Manors , Lands , Rents , Revenues , Inheritances , Right , and perquisites of the Crown of England , originally settled thereon for the Ease & Exemption of the people from all kind of Tax●s , payments whatsoever ( unlesse in cases of extraordinary necessity ) and for defraying all the consant , ordinary , expences of the Kingdome , ( as the expences of the Kings houshold , Court , Officers , Judges , Embassadors , Garisons , Navy and the like ) ought not to be sold , alienated , given away or granted from it , to the prejudice of the Crown and burdening of the people . And that all Sales , Alie nations , Gifts , or Grants thereof , to the empairing of the publick Revenue , or prejudice of the Crown and people , are void in Law , and ought to be resumed , and repealed , by our Parliaments and Kings , as they have frequently been in all former ages .

For the Readers fuller satisfaction in each of these propositions ( some of which I must shew here , but briefly touch , for brevity sake , having elsewhere fully debated them in print ) I shall specially recommend unto him the perusall of such Tracates , and Arguments formerly published , wherein each of them hath been fully discussed , which he may peruse at his best leasure .

The first of these Fundamentalls ( which I intend principally to insist on ) is fully asserted , debated , confirmed by 13. H. 4. f. 14. By Fortes●ue Lord Chief Justice , and Chancellour of England , de laudibus Legum Angliae , dedicated by him to King Henry the 6 f. 25. c. 36. f. 8● . By a learned and necessary Argument against impositions in Parliament , of 7. Jacobi : by a late Reverend Judge , printed at London 1641. By Mr. William Hakewell , in his Liberty of the Subject against Impositions , maintained in an Argument in the Parliament of 7. Jacobi : printed at London 1641. By Judge Crooks , and Judge Huttons Arguments concerning Shipmony both printed at London 1641. By the Case of Shipmony briefly discussed London , 1640. by Mr. St. Johns Argument , and Speech against Shipmony , printed at London , 1641. By Sir Edward Cook in his 1. Institutes , p. 46. and 57. to 64. and 528. to 537. By the 1. and 2. Remonstrance of the Lords and Commons in Parliament , against the Commission of Array . Exact Collection p. 386. to 398. and 850. to 890. and by my own Humble Remonstrance against Shipmony , London , 1643. The fourth part of the Soveraign power of Parliaments and Kingdomes , p. 14. to 26. and my Legall Vindications of the Liberties of England against Illegall Taxes , &c. London 1649. and by the Records and Statutes cited in the ensuing Chapter , referring for the most part to the first Proposition .

The second , third , and fourth of them are la●gely debated and confirmed by a Conference desired by the Lords , and had by a Committee of both Houses , concerning the Rights and Priviledges of the Subject , 3. Ap●ilis , 4. Ca●ol●printed at London 1642. By Sir Edward Cook in his Institutes on Magna Charta . c. 29. p. 45. to 57. By the 1. and 2. Remonstrance of the Lords and Commons against the Commission of Array , Exact Collection p. 386. &c. 850. to 890. By Judge Crooks , and Judge Huttons Arguments against Shipmony : By Sir Robert Cotton his Posthuma p. 222. to 269. By my Breviate of the Prelates encroachments on the Kings Prerogative , and Subjects Liberties . p. 138. &c. My new discovery of the Prelates tyranny , p. 137. to 183. and some of the ensuing Statutes , and Records .

The fifth and sixth of them are fully cleared and vindicated in and by the Prologues of all our Councils , Statutes , Laws , before and since the Conquest . By Sir Edward Cooks 4. Institutes ch. 1. Mr. Cromptons Jurisdiction of Courts . Title , High Court of Parliament : My Soveraign power of Parliaments and Kingdomes , p. 1 , 2 , 3 , 4. My Legal Vindication against illegal Taxes , and pretended Acts of Parliament , London 1649 Prynne the Member , reconciled to Prynne the Barrester , printed the same year . My Historicall Collection of the ancient great Councils of the Parliaments of England . London 1649. My Truth triumphing over Falshood , Antiquity over Novelty . London 1645. and some of the Records hereafter transcribed . In this I shall be more sparing , because so fully confirmed in these and other Treatises .

The seventh is ratified by Sir Edward Cooks 1. Institutes , p. 97 , 98. 4. Institutes p. 89. and 5. Report Cawdries Case of the Kings Ecclesiasticall Lawes : and Rastals Abridgement of Statutes . Tit. Provisors , Praemunire and Rome , 11. H. 7. c. 1. and other Records and Statutes in the ensuing Chapter .

The eighth and ninth are fully debated in my Soveraign Power of Parliaments and Kingdomes , Part. 2. p. 3. to 34. Part fourth , p. 162. to 170. and touched in Sir Robert Cottons Posthuma p. 174. to 179.

How all and every of these Fundamentall Liberties , Rights , Franchises , Lawes , have been unparalelledly violated , subverted , in all and every particular of late years beyond all Presidents in the worst of former ages , even by their greatest pretended Propugners ; their own printed Edicts , Instruments , Ordinances , Papers , together with their illegall oppressions , Taxes , Excises , Imposts , Rapines , violences , Proceedings of all kinds , ( whereof I shall give a brief accompt in its due place ) will sufficiently evidence , if compared with the premised propositions . Which abundantly confirm the truth of our Saviours words , John 10. 1. 10. and this rule of Johannis Angelius , Wenderhagen : Politicae Synopticae . lib. 3. c. 9. sect. 11. p. 310. Hinc Regulae loco notandum , Quod omne Regnum Vi Armata acquisitum in Effectu Subdit is Semper in durioris Servitutis conditiones arripiat , licet à principio Ducedinem prurientibus 〈◊〉 videatur . Ideo cunctis hoc cavendum , Nè temrè 〈◊〉 patiantur .

FINIS .