Historical Vindication Part 1 and 2
The source for this document is https://quod.lib.umich.edu/e/eebo/A56162.0001.001
Project Note
This is licensed under Creative Commons CC BY-NC-ND. This license allows reusers to copy and distribute the material in any medium or format in unadapted form only, for noncommercial purposes only, and only so long as attribution is given to the creator.
The source of this document is the Early English Books Online (EEBO-TCP) website. Those books were transcribed in a character for character manner and can be very cumbersome to read since there was no standard spelling during that time. Many spelling variations such as "unlesse", "vnlesse", and "vnles" regularly appear.
This project was conceived to clean up those books as much as possible and make them more accessible to the interested reader, leading to the creation of a massive list of variant spellings and their corrections. This was used to clean up the text, but is of course only as complete as the list itself. Because of the nature of the original transcription, some words have missing characters or places where the original language (e.g., Greek) was not transcribed. This effort does not change that. Be aware that the original transcription can also be faulty and in some cases entire sentences may be missing.
Although this is no substitute for a properly compared, proofed, and scholarly edition, I believe that the result is a document which is far more accessible, particularly for searching for terms using standard spelling. The document has been cleaned and presented in what I hope is a pleasing and useful format for the vast majority of Christian brothers and sisters who just want access to read these spiritually nourishing works.
However, a word of warning: The Puritans were a very diverse group of people and their age was characterized with godliness, but also much upheaval, disputation and strife. They disagreed on many doctrines and some of these works contain less orthodox or Scriptural views than others. The reader is strongly advised to read with discernment, particularly if it is unknown whether author is trustworthy.
This project took a huge amount of time and skill to bring to fruition. I would particularly like to thank David Jonescue for the initial list of Puritans he found on EEBO and the concept behind this project as well as the continuous, unceasing efforts toward seeing this complete. Without his labor, this would not be available. Alex Sarrouf was invaluable in providing the initial list of over 7,000 spelling variations he had identified and corrected, as well as continuing to review more than 16,000 additions to that list for any typos.
Logan West
(with David Jonescue and Alex Sarrouf)
www.puritansearch.org
The first and Second Part of A SEASONABLE, LEGAL, AND HISTORICALL VINDICATION, AND Chronological COLLECTION of the Good, Old, Fundamental Liberties, Franchises, Rights, Laws of all English Freemen their best Inheritance, Birthright, Security, against all Arbitrary Tyranny, and Egyptian Burdens ) and of their strenuous Defense in all former Ages; of late years most dangerously undermined, and almost totally subverted, under the specious Disguise of their Defense and future Establishment, upon a sure Basis, by their pretended, Greatest Propugners.
WHEREIN IS, Irrefragably evinced by Parliamentary Records, Proofs, Presidents, That we have such Fundamental Liberties, Franchises, Rights, Laws. That to attempt or effect the Subversion of all or any of them, (or of our Fundamental Government) by Fraud or Force, is High Treason. The principal of them summed up in X. Propositions; The chief printed Treatises asserting them, specified: A Chronological History of our Ancestors, zeal, vigilancy, courage, prudence, in gaining, regaining, enlarging, defending, oft confirming and perpetuating them to Posterity, by Great Charters, Statutes, New Confirmations, Excommunications, Special Conservators, Consultations, Petitions, Declarations, Remonstrances, Oaths, Protestations, Vows, Leagues, Covenants, and likewise by their Arms, when necessitated, during all the Britons, Romans, Saxons, Danes, Normans and English Kings Reigns, till this present; collected for present and future public benefit: with a Brief Touch of their late unparalelled Infringments and subversions in every particular: The Trial of all Malesactors by their Peers and Juries, justified, as the only legal, best, most indifferent, and all other late arbitrary Judicatories, erected for their Trial, exploded, as destructive both to our Fundamental Laws and Liberties.
Collected, recommended to the whole English Nation, as the best Legacy he can leave them, By William Prynne of Swainswick, Esquire.
The Second Edition Corrected and much Enlarged.
Psal. 11. 3.
Psal. 82. 5.
London, Printed for the Author, and are to be sold by Edward Thomas in Green Arbour, 1655.
Errata.
IN the Epistle, letter C. page 8. l. 6. read effect, D. p. 2. l. 9. 〈◊〉 Tesmond, H. p. 5. l. 19. Censurers, I. p. 5. l. 13 of r. our K. p. 7. l. 28. r. Heirs, L. p. 4. l. 20. r. exercerunt. In the Margin H. p. 3. l. 42. aliquem, I. p. 6. l. 27. pacti L. p. 8. 13. r. 23.
In the Book p. 4. l. 25. r. as of, p. 13. l. 36. r. were resolved. p. 19. l. 14. r. Vote of p. 24. l. 16. of p. 26. l. 15. of and p. 29. l. 33. Statutes. p. 32. l. 26. r. E. 6. c. 5. p. 35. l. 6. to sedition p. 38. l. 19. r. parts.
Margin, p. 27. l. 13. there r. other, p. 64. l. 3, 4, 5. r. 10. R. 2. cap. 1. 1 H. 5. c. 1. 28 H. 6. n. 51. l. 11. r. 4. E. 4.
To all truly Christian Free men of England, Patrons of Religion, Freedom, Laws, Parliaments, who shall peruse this Treatise.
Christian READER,
IT hath been one of the most detestable Crimes, and highest Impeachments against the Antichristian Popes of Rome, that under a Saint-like Religious pretext of advancing the Church, Cause, Kingdom of Jesus Christ, they have for some hundred years by-past, usurped to themselves ( as fole Monarchs of the World in the Right of Christ, whose Vicars they pretend themselves to be) both by Doctrinal Positions and Treasonable Practises, an absolute Sovereign, Tyrannical Power over all Christian Emperors, Kings, Princes of the World (who must derive and hold their Crowns from them alone, upon their good behaviours at their pleasures) not only to Excommunicate, Censure, Judge, Depose, Murder, Destroy their sacred Persons; but likewise to dispose of their Crowns, Scepters, Kingdoms, and translate them to whom they please.
In pursuance whereof, they have most traitorously, wickedly, seditiously, atheistically, presumed to absolve their Subjects from all their sacred Oaths, Homages, natural Allegiance, and due Obedience to them, instigated, encouraged, yea expressly, enjoined (under pain of interdiction, excommunication, and other censures) their own Subjects, (yea own sons sometimes) both by their Bulls and Agents, to revolt from, rebel, war against, depose, dethrone, murder, stab, poison, destroy them by open force, or secret conspiracies: and stirred up one Christian King, Realm, State, to invade, infest, destroy, usurp upon another; only to advance their own Antichristian Soveraignties, Usurpations, Ambition, Rapines, worldly Pomp and Ends: as you may read at leisure in the Statutes of 25 H. 8. c. 22. 28 H. 8. c. 10. 37 H. 8. c. 17. 13 Eliz. c. 2. 23 Eliz. c. 1. 35 Eliz. c. 2. 3 Jacob. c. 1, 2, 4, 5. 7 Jacob. c. 6. The Emperor Frederick his Epistles against Pope Gregory the 9. and Innocent the 4. recorded in Matthew Paris, and others, Aventinus Annalium Boiorum, Mr. William Tyndale's Practice of Popish Prelates; the second Homily upon Witsunday; the Homilies against disobedience, and willful Rebellion; Bishop Jewels view of a seditious Bull; John Bale in his lives of the Roman Pontifs; Doctor Thomas Bilson in his True difference between Christian subjection, and unchristian Rebellion; Doctor John White his Sermon at Paul,s Cross, March 24. 1625. and Defense of the Way, c. 6, 10. Doctor Crakenthorpe of the Popes temporal Monarchy; Bishop Morton's Protestant Apology; Doctor Beard 's Theater of God's Judgments, l. 1. c, 27, 28. Doctor Squire of Antichrist; John Bodin his Commonwealth, l. 1. c. 9. The learned Morney Lord du Plessy, his Mystery of Iniquity, and History of the Papacy. The General History of France. Grimston's Imperial History. Matthew Paris, Speed, Holinshed, Cambden, and others, in the lives of King John, Henry the 3. Queen Elizabeth, and other of our Kings, with hundreds of printed Sermons on the 5 of November.
The principal Instruments the Popes employed of late years, in these their unchristian Treasonable Designes, have been pragmatical, furious, active Jesuits, whose Society was first erected by Ignatius Loyola (a Spaniard by Birth, but A SOULDIER by Profession) and confirmed by Pope Paul the 3. Anno 1540 • which Order consisting only of ten persons at first, and confined only to sixty by this Pope, hath so monstrously increased by the Popes and Spaniards favors and assistance (whose chief Janizaries, Factors, Intelligencers they are) that in the year 1626. they caused the picture of Ign • tius their Founder to be cut in Brass, with a goodly Olive Tree growing (like Jessees root) out of his side, spreading its branches into all kingdoms and Provinces of the World, where the Jesuits have any Colleges and Seminaries, with the name of the Province at the foot of the branch, which hath as many leaves as they have Colleges and Residencies in that Province; in which leaves, are the names of the Towns and Villages where these Colleges are situated: Round about the Tree are the Pictures of all the illustrious Persons of their Order; and in Ignvtius his right hand, there is a Paper, wherein these words are engraven, Ego sicut Oliva fructifera in domo Dei; taken out of Ps. 52. 8. which pourtraictures they then printed and published to the world: wherein they set forth the number of their Colleges and Seminaries to be no less then 777. (increased to 155 more, by the year 1640.) in all 932. as they published in like Pictures & Pageants printed at Antwerp, 1640. Besides sundry New Colleges and Seminaries erected since.
In these Colleges and Seminaries of theirs, they had then (as they print ) 15591 Fellews of their Society of Jesus, besides the Novices, Scholars, and Lay-brethren of their Order, amounting to near ten times that number. So infinitely did this evil weed grow and spread itself, within one hundred years after its first planting. And which is most observable, of these Colleges and Seminaries they reckoned then no less then 15 ( secret ones ) IN PROVINCIA ANGLICANA, in the Province of ENGLAND, where were 267 SOCII or Fellows of that Society: besides 4 COLLEDGES OF ENGLISH JESUITES ELSEWHERE. In IRELAND and elsewhere 8 Colleges of IRISH JESUITES: and in SCOTLAND and otherwhere 2 Residencies of SCOTTISH JESUITES.
What the chief employments of Ignatius and his numerous swarms of Disciples are in the World, his own Society at the time of his Canonization for a Romish Saint, sufficiently discovered in their painted Pageants, then shown to the people, wherein they pourtraied this new Saint holding the whole world in his hand, and fire streaming out forth of his heart (rather to set the whole world on fire by Combustions, Wars, Treasons, Powder-plots, Schisms new State, and old Church-Heresies, then to enlighten it) with this Motto; VENI IGNEM MITTFRE: I came to send fire into the World; which the University of Cracow in Poland objected (amongst other Articles ) against them, Anno 1622. and Alphonsus de Vargas more largely insisteth on in his Relatio, de Stratagematis & Sophismatis Politicis Jesuitarum, &c. An. 1641. c. 7, 8, 24.
Their number being so infinite, and the Pope and Spaniard too, having long since (by Campanella's advice) erected many Colleges in Rome, Italy, Spain, the Netherlands, and elsewhere, for English, Scottish, Irish Jesuits (as well as for such secular Priests, Friers, Nuns) of purpose to promote their designs against the Protestant Princes, Realms, Churches, Parliaments of England, Scotland, Ireland, & to reduce them under their long prosecuted UNIVERSAL MONARCHY over them, by Fraud, Policy, Treason, intestine Divisions, and Wars, being unable to effect it by their own Power; no doubt of late years many hundreds, if not thousands, of this Society, have crept into England, Scotland and Ireland, lurking under several disguises; yea, an whole College of them sat weekly in counsel, in or near Westminster, some few years since, under Conne the Popes Nuntio, on purpose to embroyle England and Scotland in bloody civil wars, thereby to endanger, shake, subvert these Realms, and destroy the late King (as you may read at large in my Rome's Master-piece, published by the Commons special Order, An. 1643.) who occasioned, excited, from • nted, the first and second intended (but happily prevented) wars between England and Scotland, and after that, the unhappy Differences, Wars, between the King, Parliament, and our three Protestant Kingdoms, to bring them to utter desolation, and extirpate our reformed Religion.
The Kings Forces (in which many of them were Soldiers) after some years wars being defeated, thereupon their Father Ignatius being a SOULDIER, and they his Military sons, not a few of them secretly insinuated themselves as Soldiers, into the Parliaments Army and Forces, (as they had formerly done into the Kings) where they so cunningly acted their parts, as extraordinary illuminates, gifted brethren, and grand States-men, that they soon leavened many of the Officers, Troopers and common Soldiers, with their dangerous Jesuitical State-politics, and Practises, put them upon sundry strange designs, to new-mould the old Monarchical Government, Parliaments, Church, Ministers, Laws of England; erecting a New General Council of Army-Officers and Agitators for that purpose; acting more like a Parliament and Supreme Dictators, then Soldiers. And at last instigated the Army by open force▪ (against their Commissions, Duties, Oaths, Protestations and Solemn League & Covenant) to Impeach, imprison, seclude, first elevē Commoners; then some six or seven Lord's; after that to secure, seclude the Majority of the Commons House, suppress the whole House of Lord's, destroy the King, Parliament, Government, Privileges, Liberties of the Kingdom & Nation, for whose defense they were first raised, which by no other adverse power they could effect. This produced new bloody divisions, animosities, wars, in and between our three Protestant Realms and Nations; & after with our Protestant Allies of the Netherlands, ( Campanella's express old projected Plots to subject us both to the Popes and Spaniards Monarchies, effected by the Spaniards Gold and Agents ) with sundry heavy Monthly Taxes, Excises, Oppressions, Sales of the Churches, Crowns, and of many Nobles and Gentlemens Lands and Estates, to their undoing, our whole Nations impoverishing, and discontent, an infinite profuse expense of Treasure, of Protestant blood both by Land and Sea, decay of Trade, with other sad effects in all our three Kingdoms; yea, sundry successive New changes of our public Government, made by the Army-Officers, (who are still ringing the changes) according to Campanela's and Parsons Platforms. So that if Fire may be certainly discerned by the smoke; or the Tree commonly known by its Fruits, as the Truth itself resolves, Matth. 12. 33. we may truly cry out to all our Rulers, as the Jews did once to the Rulers of Thessalonica, in another case, Act. 17. 6. THOSE ( Jesuits ) WHO HAVE TURNED THE WORLD UPSIDE DOWN, ARE COME HITHER ALSO; and have turned our Kingdoms, Kings, Peers, Monarchy, Parliaments, Government, Laws, Liberties, (yea, our very Church and Religion too, in a great measure ) UPSIDE DOWNE, even by those very Persons, who were purposely raised, commissiond, waged, engaged by Protestations, Covenanes, Vows, Oaths, Laws, Allegiance and Duty, to protect them from these Jesuitical Innovations and subversions.
And those Jesuits, Spanish Romish Agents, who have so far seduced, so deeply engaged them, contrary to all these Obligations, and to their own former printed Engagements, Remonstrances, Representations, Proposals, Desires, and RESOLUTIONS, for settling this Nation in its just Rights, the Parliament in their just Privileges, and the Subjects in their Liberties and Freedoms; published to all the World, in the name of Sir Thomas Fairfax, THE ARMY, AND THE GENERAL COUNCEL OF THE ARMY, none Volume. London, 1647. (which they may do well to peruse) yea, against the Votes, Entreaties, Desires, Advices, of both Houses of Parliament, the Generality of the good Ministers, people of the three whole Kingdoms, and their wisest, best affected Protestant Friends, who commissioned, raised, paid, assisted them for far other ends O whether may they, will they not (in all human probability) rashly, blindly, suriously henceforth lead, drive, precipitate them, to our whole three Kingdoms, Churches, Parliaments, Laws, Liberties total, final desolation, and the Armies too in conclusion, beyond all hopes of prevention, unless God himself shall miraculously change their Hearts, Councils, and reclaim them from their late destructive, heady violent courses: or put an hook into their Noses, to turn them back by the way by which they came: or, set a timely period to their usurped Armed power and extravagant late proceedings, of such a desperate unparalleled, unprotestant strange Nature, as none but the very worst of Ignatius his Disciples and Engineers durst set on foot, or still drive on amongst us Protestants. Which I earnestly beseech, adjure, and conjure them now most seriously to lay • o heart, before it be overlate.
Those who will take the pains to peruse all or any of these several printed Books (most of them very well worth their reading) written against the Jesuits and their Practises, as well by Papists as Protestants, as namely, Fides Jesus & Iesuitarum, printed 1573. Doctrinae Iesuiticae praecipua capita, Delph. 1589. Aphorismi Doctrinae Jesus • ticae. 1608. Cambitonius, De Studiis Jesuitarum abstrusioribus. Anno 1608. Jacobus Thuanus, Passages of the Jesuits. Hist. l. 69, 79, 83, 94, 95, 96, 108, 110, 114, 116, 119, 121, 124, 126, 129, 131, 132, 134, 136, 137. 138. Immanuel Meteranus his Passages of them. Belgicae Hist. l. 9, 12, 17, 18, 19, 21, 23, 26, to 34. Wilhelmus Baudartius, Continuatio Meterani, l. 37, 38, 39, 40. Donatus Wesagus, Fides Jesus & Iesuitarum, 1610. Characteres Iesuiticae, in several Tomes. Elias Husenmullerus, Historia Iesuitici Ordin • , Anno 1605. Speculum sive Theoria Doctrinae Iesuiticae, necnon Praxis Jesuitarum, 1608. Pasquier his Jesuit displayed. Petrus de Wangen, Physiogmonia Jesuitica, 1610. Christopherus Pelargus, his Novus Jesuitismus. Franciscus. de Verone, his Jesuitismus Sicarius, 1611. Narratio de proditione Jesuitarum in Magnae Brit. Regem, 1607. Consilium de lesuitis Regno Polonia ejiciendis. The Acts of the States of Rhetia, Anno 1561, & 1612. for banishing the Jesuits wholly out of their Territories, NE STATUS POLITICUS TURBARETUR, &c. mentioned by Fortunatus Sprecherus, Palladis Rheticae, l. 6. p. 251, 273. Melchior Valcius, his Furiae Gretzero, &c. remissae, 1611. Censura Jesuitarum, Articuli Jesuitarum, cum commonefactione illis oppositae Anti-Jesuits, au Roy par. 1611. Variae Doctorum Theologorum Theses adversus quaedam Jesuitica Dogmata. The Remonstrance of the Parliament of Paris to Henry the Great against the re-establishment of the Jesuits; And their Censure of Mariana his book, to be publicly burnt, printed in French, 1610. recited in the General History of France, in Lewis 13. his life, & Peter Matthew, l. 6. par. 3. Historia Franciae. Variae Facultatis Thologiae & Curiae Parisiensis, quam aliorum Opuscula, Decreta & Censurae contra Jesuitas, Paris 1612. Conradus Deckerus, De proprietatibus Iesuitarum, 1611. Quaerelarum inclyti Regni Hungariae adversus corruptelas Iesuiticas defensio. Lucas Osiander, his writing about the Jesuits bloody Plot, Han. 1614. Iesuitarum per unitas Belgii Provincias Negotiatio, Anno 1616. Radulphus Hospinianus, Historia Iesuitica, 1619. Bogermannus his Catechismus Iesuiticus. Lodovicus Lucius, Historia Iesuitica, Basil. 1627. Arcana Imperii Hispanici, 1628. Mercure Jesuit, in several Tomes, Geneve 1626, De Conscientia Iesuitarum, tractat. Censura sacrae Theology. Parisiensis, in librum qui inscribitur, Antonii Sanctarelli societatis Jesus, de Haeresi, Schismate & Apostasia, &c. Paris, 1626. Anti-Cotton; Johannes Henricius, Deliberatio de compescendo perpetuo crudeli Conatu Iesuitarum, Fran. 1633. A Proclamation of the States of the united Provinces, Anno 1612. And another Proclamation of theirs: with two other Proclamations of the Protestant States of the Marquesate of M • ravia, for the banishing of the Jesuits, London 1629. Alfonsi de Vargas Toletani, Relatio ad Reges & Principes Christianos, De Stratagematis & Sophismatis Politicis Societatis Jesu, ad Monarchiam Orbis terrarum sibi conficiendam: in qua Jesuitarum erga Reges & Populos optime de se meritos infidelitas, ergaq́ ipsum Poutificem perfidia, contumacia, & IN FIDEI REBUS NOVANDI LIBIDO, illustribus documentis comprobatur, Anno 1641. Jubilaeum, sive Speculum Jesuiticum, exhibens PRAECIPUA JESUITARUM SCELERA, MOLITIONES, INNOVATIONES, FRAUDES, IMPOSTURAS, ET MENDACIA, CONTRA STATUM ECCLESIASTICUM POLITICUMQUE, in & extra EUROPEUM ORBEM; primo hoc centenario, confirmati illius Ordinis INSTITUTA ET PERPETRATA: ex variis Historiis, inprimis vero Pontificiis collecta, Anno 1644. (a piece worth perusing) Or else will but cast their eyes upon our own forecited Statutes, and the Proclamations of Queen Elizabeth, King James, and King Charles against Jesuits, and Seminary Priests. A brief Discovery of Doctor Allens Seditious Drifts, London 1588. Charles Paget ( a Seminary Priest) his Answer to Dolman, concerning the succession of the English Crown, 1601. William Watson ( a secular Priest) his Dedachordon or Quodlibets, printed 1602. now very well worthy all Protestants reading. A Letter of A. C. to his Dis-Jesuited Kinsman, concerning the Jesuits, London 1602. Romish Positions and Practises for Rebellion, London 1605. The Arraignment of Traitors, London 1605. John King Bishop of London, his Sermons on November 5. 1607, 1608. King James his Conjuratio Sulphurea, Apologia pro Juramento fidelitatis: &, Responsio ad Epistolam Cardinalis Peronii. An Exact Discovery of the chief Mysteryes of the Jesuitical iniquity: and, The Jesuits secret Consultations; both printed London 1619. William Crashaw his Jesuits Gospel, London 1621. William Feak of the Doctrine and Practice of the Society of Jesus, London 1630. The many printed Sermons of Doctor John White, Bishop Lake, Bishop Andrew's, Doctor Donne, Doctor Featly, Doctor Clerk, and others, preached on the fifth of November. Lewis Owen, his Running Register, London, 1620. His Unmasking of all Popish Monks and Jesuits, 1628. And his Jesuits Looking-Glass, London, 1629. John Gee, his Foot out of the Snare, &c. London, 1624. with the Jesuitical Plots discovered in my Rome's Master-piece; and, Hidden works of darkness brought to public Light, London 1645. shall see the Jesuits and their Seminaries charged with, convinced of, and condemned for these ensuing Seditious, Treasonable, Antimonarchical, Anarchical Positions and Practises; for which, their Society hath by public Acts and Proclamations been several times banished out of Hungaria, Bohemia, Moravia, Poland, the Low Countries, Rhetia, France, Transylvania, Sweden, Denmark, the Palatinate, Venice, Ethiopia, Japan and Turkey, as well as out of England, Scotland and Ireland, as most insufferable Pests and Traitors; in many of which they have yet gotten footing again.
1. That at least • ifty several prime Authors of that infernal Society of Jesus▪ in several printed books (which you shall find specified in Doctor John Whites Defense of the Way, c. 6, 10. Aphorismi-Jesuitarum: Iubilaeum, or, Speculum Iesuiticum, p. 187, 188. and the Appendix to my Fourth part of the Sovereign power of Parliaments, p. 187, 188.) have dogmatically maintained; That the Pope hath absolute power, not only to excommunicate, but judicially to suspend, mulct with temporal penalties, depose, dethrone, PVT TO DEATH, and destroy any Christian Emperors, Kings, Princes, Potentates, by open Sentence, War, Force, secret Conspiracies, or private assasinations, and to give away their Crowns and Dominions to whoever will invade them, by Treason or Rebellion, at the Popes command; and that in cases of Heresy, Schism, Disobedience to, Rebellion against the Pope or See of Rome, Male-administration, refusal to defend the Pope or Church against her adversaries, Insufficency to Govern, Negligence, Tyranny, Excesses, Abuses in Gove • nment, Incorrigibility, Vitiousness of Life, and NECESSITY OF THE PUBLICK GOOD, OR SAFETY OF THE CHURCH, STATE, OR CAVSE OF GOD; as Antonius Sanctarellus the Jesuit particularly defines, in his Book De Haeresibus, Schismatibus, &c. printed in Rome it self, Anno 1625. who affirms it to be, Multum aequum & Reipublicae expediens, ut sit aliquis supremus Monarcha, qui Regum hujusmodi excessus possit corrigere, & DE IPSIS IVSTITIAM MINISTRARE; sicut PETRD concessa fuit facultas PVNIENDI PAENA TEMPORALI, imo etiam, PAENA MORTIS, DICTAS PERSONAS AD AL •• • VM COKKEECMIONEM ET EXEMPLVM. (Whether the Erection, Title of, or Proceedings against our beheaded King, in the late mis-named High Court of Justice, had not their original from hence; and whether the Army-Officers derived not their very phrase, of bringing the King TO IVSTIEE, with their pretended NECESSITY OF PVBLICK GOOD AND SAFETY, for it, from these very Jesuits, or their Agents in the Army; let themselves, the whole Kingdom, and all Wisemen now consider.) Moreover, some of the fifty Authors, (as Creswel, or Parsons the English Jesuit, in his Philopater, Sect. 2. and De Officio Principis Christiani, chap. 5. affirm, That the whole School both of (their) Divines and Lawyers, make it a Position certain and undoubtedly to be believed, That if any Christian Prince whatsoever, shall manifestly turn from the Roman Catholic Religion, or desire, or seek to reclaim others from the same; or but favor, or show countenance to an Heretic (as they deem all Protestants, and Dissenters from the See of Rome in any punctilio, such ) HE PRESENTLY FALLETH FROM, & LOSETH AL PRINCELY POWER & Dignity; & that By Vertus & Power OF THE LAW IT SELF, BOTH DIVINE AND HVMANE, EVEN BEFORE ANY SENTENCE PRONOVNCED AGAINST HIM BY THE SVPREAM PAS • OR AND IVDGE. That thereby his Subjects are absolved from ALL OATHES AND BONDS OF ALLEGIANCE TO HIM AS TO THEIR LAWFUL PRINCE. Nay, THAT THEY MAY AND OVGHT ( PROVIDED THEY HAVE COMPETENT POWER AND FORCE) TO CAST OUT SVCH A PRINCE FROM BEAKING RVLE AMONGST CHRISTIANS, as an Apostate, an Heretic, a Back-slider, a Revolter from our Lord Jesus Christ, AND AN ENEMY TO HIS OWN ESTATE AND COMMONWEALTH; lest perhaps he might infect others, or by his example or command, turn them from the faith. And that the Kingdom of such an Heretic or Prince, is to be bestowed at the pleasure of the Pope, with whom the people upon pain of Damnation, are to take part, and Fight against their SOVERAIGN. Out of which detestible and Treasonable Conclusions, most Treasons and Rebellions of late time have risen in the Christian World; and the first smoke of the Gunpowder-treason too, as John Speed observes in his History of Great Britain, p. 1250. Whereupon the whole University of Paris censured them, An. 1625, and 1626. not only as most pernioious, detestable, damnable, erroneous, and perturbing the public Peace; but likewise, as Subversive of Kingdoms, States, and Republics, seducing Subjects from their Obedience and subjection, and stirring them up to Wars, Factions, Seditions, & Principum parricidia, and the Murthers of their KINGS.
2. That the Jesuits have frequently put these Treasonable, Seditious, Antimonarchical, Jesuitical, damnable Doctrines into practice, as well against some Popish, as against Protestant Kings, Queens, Princes, States: which they manifest,
1. By their poisoning Jone Albreta Queen of Navarre, with a pair of deadly perfumed Gloves, only for favoring and protecting the Protestants in France against their violence, Anno. 1572.
2. By their suborning and animating James Clement a Dominican Frier, to stab King Henry the third of France in the belly with a poisoned Knife, whereof he presently died, Anno. 1589. for which they promised this Traitor, a Saintship in heaven. Pope Sixtus the fifth himself commending this foul Fact in a long Oration to his Cardinals, as Insigne & memorabile sacinus, non sine Dei Opt. Max. particulari providentia, & dispositione, ET SPIRITUS SANCTI SUGGESTIONE DESIGNATUM: facinus{que} longe majus quam illud S. Judith, quae Holofernum e medio sustulit.
3. By Cammolet the Jesuits public justification of this Clement in a Sermon at Paris Anno 1593. wherein he not only extolled him above all the Saints, for his Treason against, and murder of Henry the 3. but broke out likewise into this further Exclamation to the people: We ought to have some Ehud, whether it be a A Monk, or A Soldier, or a Varlet, or at least a Cow-herd. For it is necessary, that at least we should have some Ehud. This one thing only yet remains behind: for then we shall compose all our Affairs very well, and at last bring them to a destred end. Whereupon, by the Jesuits instigation, the same year 1593. one Peter Bariere, undertook the assasination of King Henry the 4 of France: which being prevented, and he executed, thereupon they suborned and enjoined one of their own Jesuitical Disciples, John Castle, a youth of 19 years old, to destroy the King: who on the 27 of December 1594. intending to stab him to the heart, missing his aim, wounded him only in the cheek, and stroke out one of his teeth; for which Treasonable act he was justified, applauded, as a renowned Saint and Martyr, by the Jesuits, in a printed Book or two, published in commendation of this his undertaking. As namely, by Bonarscius the Jesuit, in his Amphitheatrum, Franciscus Verona Constantine, (a Jesuit) in his Apologiapro Iohanne Castello, contra Edictum Parliamenti, & supplicium de eo ob Parricidium sumptum, An. 1595. Where he thus writes of the attempt upon Hen. 4. Whosoever diligently ponders, that Henry was excommunicated, an Heretic, relapsed, a prof • ner of holy things, a declared public enemy, an oppressor of Religion; and (thereupon) a person secluded from all right to the Kingdom; and therefore a Tyrant, not a King; an Usurper, not a lawful Lord; he verily, unless he be mad, and destitute of human sense, and love towards God, the Church, and his Country, cannot otherwise think or speak; but that the fact of Castle was generous, conjoined with Virtue; and Heroical, to be compared with the greatest and most praise-worthy facts which the ancient Monuments of Sacred and Profane Histories have recorded. One thing only may be disliked, namely, That Castle hath not utterly slain and taken him from the midst of us. In sum, He denies this Henry to be any King of France, by right or inheritance, because, (in his and the Jesuits Opinion only, not in Truth) he was both an Heretic, and A TYRANT. Asserting, That it was lawful for Castle, or any other private man, TO DESTROY AN HERETICK OR TYRANT, much more then, him that was both.
And John Guignardus a Jesuit, (Fellow of the Jesuits College of Claremount ) in his Papers then seised by, and reported to the Parliament of Paris, Anno 1595. not only compared Henry the third and fourth to Nero and Herod, and justified Clements murder of the one, and Castles attempt upon the other, as most Heroical and praise-worthy Actions: but likewise added, That if we in the year 1572. on Saint Bartholomew's day, (in the General Massacre of the French Protestants) had CVT OFF THE BASILICON VEINE, ( Henry King of Navarre) we had not fallen out of a Feavour, into that Plague, which now we find. Sed quicquid delirant Reges plectunctur Achivi, SANGVINI PARCENDO. That King Henry should be but over-mildly dealt with, if he were thrust from the Crown of France, into a Monastery, and there had his crown shaven. That if he could not be deposed without a war, then a war was to be raised against him: but if a war could not be levied against him, the cause being dead, CLAM E MEDIO TOLLATVR: he should then be privily murdered and taken out of the way. For which the Parliament of Paris adjudged and executed him for a Traitor. Yea, so desperately were the Jesuits after this, bent to destroy this King, that Alexander Hay (a Scottish Jesuit of Claremont, ) privy to Castles villainy, used to say, That if King Henry the fourth should pass by their College (the first there built for them) he would willingly cast himself out of his window headlong upon him, so as he might break the Kings neck, though thereby he brake his own. Yet was he punished but with perpetual Banishment. After which Jesuitical conspiracies detected and prevented, notwithstanding this King Henry (before these two attempts to murder him) had by their solicitations, renounced the Protestant Religion, professed himself a zealous Romanist, recalled the Jesuits formerly banished for the murder of Henry the third, against his Parliaments and Counsels advice, reversed all the decrees of Parliament against them, razed the public Pillar set up in Paris, as a lasting Monument of their Treasons and Conspiracies; built them a magnificent College in Paris, endowed them with a very large Revenue; entertained Pere Cotten (one of their Society) for his Confessor (who revealed all his Secrets to the King of Spain;) bequeathed a large Legacy of Plate and Lands to their Society by his will, and was extraordinary bountiful and favorable towards them; yet these bloody ingrateful Villains, animated that desperate wretch, Ravilliac, to stab him to death in the open street in Paris, Anno 1610. Albigni the Jesuit being privy to this murder, before it was perpetrated. Yea, Francis de Verona in his Apology for John Castle, p. 258. thus predicted his second mortal stab, in these words, Though this Prince of Orange scaped the first blow, given him in his cheek, yet the next hit, whereof this was a presage; as the blow given by Castle SHALL BE THE FORE-RVNNER OF ANOTHER BLOW. Such implacable Regicides are the Jesuits.
4. By their suborning, instigating sundry bloody instruments one after another, to murder William Prince of Orange, prevented in their attempts by God's providence, till at last they procured one Balthasar Gerard to shoot him to death with a Pistol, charged with three Bullets, An. 1584. the Jesuits promising him no less then HEAVEN itself, AND A CANONIZATION AMONG THE SAINTS AND MARTYRS, for this bloody Treason, as they did to James Clement before, for murdering the French King. And it is very remarkable, That after this murder of his, Thomas Campanella (a Jesuited Italian Frier) prescribed this as a principal means to the King of Spain of reducing the Netherlands under his Monarchy again, to sow emulation and discords amongst their Nobles, States, and to murder Prince Maurice his son and successor, which he expresseth in these direct terms. Maxim opus est, ut Serpens seditionis, Comes Scilicet Maurice Interimatur; non vero per bellum diuturnum, copia illi danda est, magis magis{que} succrescendi: which they twice likewise attempted to affect; An. 1594, and 1598. No wonder that they so much endeavor by all means & instruments to suppress that noble family now, to whom the Netherlands principally owe their infranchisement from the Spanish yoke of bondage.
5. By their poisoning Stephen Botzkay Prince of Transylvania, for opposing their bloody persecution.
6. By their manifold bloody Plots and Attempts from time to time, to murder, depose, stab, poison, destroy our famous Protestant Queen Elizabeth, by open Insurrections, Rebellions, Invasions, Wars, raised against her both in England and Ireland; and by intestine clandestine Conjurations; from which God's ever-waking providence did preserve her. Amongst other Conspiracies, that of Patrick Cullen, an Irish Frier, (hired by the Jesuits and their Agents to kill the Queen) is observable. Holt the Jesuit, (who persuaded him to undertake the murdering of her) told him, that it was not only lawful by the Laws, but that he should merit God's Favor, and Heaven by it; and thereupon gave him remission of all his sins, & the Eucharist, to encourage him in this Treason; the chief ground whereof (and of all their other Treasons against this Queen) was thus openly expressed by Iaquis Francis, for Cullens further encouragement; That the Realm of England, then was and would be so well settled, that unless Mistras Elizabeth (so he termed his Dread Sovereign, though but a base Landressson;) were suddenly taken away, All the Devils in Hell would not be able to prevail, to shake and overturn it. Which then it seems they principally endeavored, and ofttimes since attempted, and have now at last effected, by those who conceit they demerit the Title of Saints (though not in a Romish Calendar ) and no less then Heaven, for shaking, overturning, and making it No Kingdom.
7. By their Conspiracy against King James, to dep • ive him of his Right to the Crown of England, imprison, or destroy his person: raise Rebellion, alter Religion, and Subvert the Stat • and Government; by virtue of Pope Clement the eighth his Bull directed to Henry Garnet, Superior of the Jesuits in England: whereby he commanded all the Archpriests, Priests, Popish Clergy, Peers, Nobles and Catholics of England, That after the death of Queen Elizabeth by the course of Nature, or otherwise, whosoever shall lay claim or title to the Crown of England, (though never so directly or nearly interested by descent) should not be admitted unto the Throne, unless he would first tolerate the Rom • sh Religion, and by his best endeavors promote the Catholic cause; unto which by his Solemn and Sacred Oath he should religiously subscribe, after the death of that miserable woman; ( as he stilled Queen Elizabeth.) By virtue of which Bull, the Jesuits, after her decease, dissuaded the Romishminded Subjects, from yielding in any wise obedience to King James, as their Sovereign; and entr • d into a Treasonable Conspiracy with the Lord Cobham, Lord Gray, and others, against him, to imprison him for the ends aforesaid; or destroy him: pretending that King James was no King at all before his Coronation; and that therefore they might by force of Arms, lawfully surprise his person, and Prince Henry his Son, and imprison them in the Tower of London, or Dover-Castle, till they enforced them by duress, to grant a free toleration of their Catholic Religion, to remove some evil Counselors from about them, and to grant them a free Pardon for this violence; or else they would put some further project in execution against them, to their destruction. But this Conspiricy being discovered, The Traitors were apprehended, arraighned, condemned, and Watson and Clerk ( two Jesuited Priests who had drawn them into this Conspiracy, upon the aforesaid Pretext) with some others, executed as Traitors; all the Judges of England resolving, that King James being right Heir to the Crown by descent, was immediately upon the death of Queen Elizabeth, actually possessed of the Crown, and lawful King of England, before any Proclamat • on or Coronation of him, which are but Ceremonies, (as was formerly adjudged in the case of Queen Mary, and Queed Jane, 1 Mariae ) there being no Interregnum by the Law of ENGLAND, as is adjudged, declared by Act of Parliament, 1 Iac. c. 1. worthy serious perusal.
8. their horrid Gun-powder Treason Plot; contrived, fomented, by Garnet (Superior of the English Jesuits) Gerard, Tensmod and other Jesuits; who by their Apostolical power, did not only commend, but absolve from all sin the other Jesuited Popish Conspirators, and Faux The Sculdier, who were their instruments to effect it. Yea, the Jesuitical Priests were so Atheistical, as that they usually concluded their Masses with Prayers, for the good success of this hellish Plot, which was, suddenly, with no less then 36 Barrels of Gunpowder, placed in a secret Vault under the House of Lord's, to have blown up and destroyed at once, King James himself, the Queen, Prince, Lord's Spiritual and Temporal, with the Commons assembled together in the Upper-House of Parliament, upon the 5 of November, Anno Dom. 1605. and then forcibly to have seised with armed men prepared for that purpose, the persons of our late beheaded King, then Dake of York, and of the Lady Elizabeth his Sister (if absent from the Parliament, and not there destroyed with the rest) that so there might be none of the Royal Line left to inherit the Crown of England, Scotland and Ireland; to the utter overthrow and subversion of the whole Royal Family, Parliament, State and Government of this Realm. Which unparalleled, inhumane, bloody Plot, being miraculously discovered, prevented, the very day before its execution, in perpetual detestation of it, and of the Jesuits and their traitorous Romish Religion, (which both contrived and approved it) the 5 day of November, by the Statute of 3 Jacobi, ch. 1. was enacted to be had in perpetual Remembrance, that all Ages to come, might thereon meet together publicly throughout the whole Nation, to render public praises unto God, for preventing this infernal Jesuitical Design, and keep in memory this joyful Day of Deliverance; for which end, special forms of public Prayers and Thankesgivings were then appointed, and that Day ever since more or less annually observed, till this present. And it is worthy special observation, that had this Plot taken effect, It was agreed by the Jesuits and Popish Conspirators beforehand, That the Imputation of this Treason should be cast upon the Puritans, to make them more Odious: as now they father all the Powder-Plots of this kind, which they have not only laid, but fully accomplished of late years against the King, Prince, Royal Posterity, the Lord's and Commons House, our old English Parliaments and Government, upon those Independents, and Anabaptistical Sword-men, (whom they now repute and style, the most reformed PURITANS,) who were in truth, but their mere under- Instruments to effect them; When as they originally laid the Plots; as is clear by Campanella's Book, De Monarchia Hisp. ch. 25. and Cardinal Richelieu his Instructions at his death, to the King of France. And it is very observable, that as Courtney the Jesuit, Rector of the English Jesuits College at Rome did in the year 1641. (when the name of Independents, was scarce heard of in England ) openly affirm to some English Gentlemen, and a Reverend Minister (of late in Cornwall ) from whom I had this Relation, then and there feasted by the English Jesuits in their College, That now at last, after all their former Plots had miscarried, they had found out a sure way to subvert and ruin the Church of England (which was most formidable to them of all others ) by the Independents; who immediately after (by the Jesuits clandestine assistance) infinitely increased, supplanted the Presbyterians by degrees, got the whole power of the Army, (and by it, of the Kingdom) into their hands, & then subverted both the Presbyterian Government and Church of England in a great measure, with the Parliament, King and his Posterity; as Monsieur Militiere a Jesuited French-Papist observes. So some Independent Ministers, Sectaries and Anabaptists, ever since 1648. have neglected the observation of the fifth of November, (as I am credibly informed) and refused to render public thanks to God for the deliverance thereon, contrary to the Act, for this very reason, which some of them have rendered; That they would not mock God in public by praising him for delivering the late King, Royal Posterity, and House of Lord's from destruction then, by Jesuits and Papists, when as themselves have since destroyed and subverted them through God's providence; and repute it a special mercy and deliverance to the Nation from Tyranny and Bondage, for which they have cause to bless the Lord: Performing that for the Jesuits and Powder-Traitors, which themselves could not effect. The Lord give them grace and hearts to consider, how much they acted the Jesuits, and promoted their very worst Designes against us therein; what infamy and scandal they have thereby drawn upon all zealous Professors of our Protestant Religion, and what will they do in the end thereof?
9. (To omit all other Foreign instances cited in Speculum Jesuiticum, p. 124, to 130. where you may peruse them at leisure) By their poisoning King James himself in conclusion, as some of them have boasted.
10. By the Popes Nuntio 's, and a Conclave of Jesuits Conspiracy at London, Anno 1640. to poison our late King Charles himself, (as they had poisoned his Father) with a poisoned Indian Nut, kept by the Jesuits, and shown often by Conne the Popes Nuntio to the Discoverer of that Plot; or else, to destroy him by the Scottish wars and troubles, (raised for that very end by the Jesuits,) in case he refused to grant them a universal liberty of exercising their Popish Religion throughout his Realms and Dominions: and then to train up his Son under them, in the Popish Religion; To which not only heretofore, but now likewise they strenuously endeavor by all possible means to seduce him; as appears more especially by Monsieur Militiere his late book dedicated to Him for that purpose, to invite him to the Roman Catholic Faith. Surely all these premised instances compared together, and with that memorable passage of the English Jesuit Campian, in his Concertatio Ecclesiae Catholicae: (or Epistle to Queen Elizabeth's Council.) Treviris 1583. p. 22. Velim sciatis, quod ad Societatem nostram attinet, omnes nos, qui per totum Orbeni longe lateque diffusi sunt, quarum est continua successio, & magnus numerus, Sanctum foedus infisse, nec quamdiu unus nostrum supererit, studium, & consilia nostra intermissuros, ad Reges Hereticos quovis modo tollendos (as Hospinian relates, and expounds his words and meaning) & Religionem vestram exting • ere. Iampridem jacta est ratio, & inchoatum certamen nulla vis, nullus Anglorum impetus superabit; so as to hinder this their holy League and Covenant long since entered into, To destroy, take out of the way, ruin all Protestant Kings throughout the World, under the Notion of Heretics by any means whatsoever, (and the Protestant Religion togetherwith them. ) With a Copy of a Letter sent by an Independent Agent from Paris, some few weeks before the Kings removal from the Isle of Weight, by the Army-Officers, declaring the Jesuits implacable Enmity to the King, and to hereditary Monarchy throughout the World. And an Express sent from Paris to the King himself, some three days before his seisure and translation from Weight, to this effect, (as I have heard from persons of Honor) That the Jesuits at a general meeting in France, had resolved, by the power of their friends in England, to seise on his Majesty, bring him to justice, and cut off his head, because he had, contrary to their expectation, closed with the Parliament, consented to the abolishing of Episcopacy, and ) to five new Bills against Jesuits, Popish Priests, Mass, Popery, and all Popish Ceremonies, in the last Treaty; and advising Him, to prepare for this new storm, which within few days after fell upon him: will sufficiently inform the world, that the late unparalleled capital proceedings against our Protestant King, (contrary to the Votes of both Houses of Parliament) the Parliament Members, Peers House, and forced, dissolved late Parliament too, proceeded not from the Principles of our reformed Protestant Religion, as this Monsieur in his printed Pamphlet, would make his Reader, the youg King; to whom he dedicates it, and all the World believe; but from the Popes and Jesuits forecited Treasonable Opinions, seconded with their clandestine Sollicitations and Practises: and that they, with some French Cardinals, Jesuits, as well as Spanish and English, (then present in England to promote their Designes) were the chief original Contrivers, Promoters of them, whoever were the immediate visible Instruments, as I have elsewhere more fully demonstrated, for the wiping off this Scandal from our reformed Religion, & the sincere Professors of it, who both abominated and protested against it in print. 〈◊〉 Radolphus Hospinian in his excellent Historia Jesuitica, l. 4. f. 244, 245. reckons up these three prime causes of the Jesuits Regicides, & other Notorious Treasons. The first is, that blind Obedience, which they vow to their Superiors, to execute with great celerity, spiritual joy, and perseverance, whatever their Superiors shall enjoin them, by being persuaded, That all their Cemmands are Just to them; by renouncing their own Opinion and Judgment with a certain Blind Obedience: and by believing, that those who live under Obedience, are carried and governed by Divine Providence, (a word now most in use with our Army-Saints, and Soldiers, wholly infected with this Jesuitical Doctrine of Obedience) by their Superiors, whithersoever they shall suffer themselves to be carried, or in what sort soever they shall be dealt with by them, (like a staff in the hand of a man, which readily obeys him that holds it, wheresoever and in what thing soever he will please to use it, ) especially when backed with a pretext of Necessity, Religions Safety, Public Good, Exemplary Justice, and promoting the common Cause for which their Society was first instituted. 2. That they hold themselves obliged to no Kings, Princes, or Civil Magistrates by any Oath of Allegiance, but only to the Pope and their Generals; and therefore think themselves free and unable to commit any Treason at all against them, although at the Popes and • heir Superiors commands they still rise up against, murder, • stroy them. 3. That they deem those Kings, Princes, which the Pope and Jesuits, or other learned men of their Religion, or the common people shall deem Heretics, to be thereby wholly made uncapable of any Empires, Kingdoms, or Principalities, or any other civil Diguity; yea, to be accursed Tyrants, unworthy of the name of Kings; that thereby their Subjects are totally absolved from the bond of Allegiance to them; and that thereupon it is lawful to kill and destroy them, and the murders of such are meritorious. Now that these three Jesuitical Grounds and Principles, (infused into our Army-Officers and Soldiers by the Jesuits and their Instruments of late years, against their Primitive Orthodox Positions, Protestations, Declarations, Oaths, Covenants, Engagements) backed with secret Avarice, Ambition, and Self-ends, were the principal impulsive Causes of all the extravagant violent Proceedings both against the late King, and Parliament (not the loyal Principles of the Protestant Religion ) is apparent unto all the World, by the Armies own Declarations of Nov. 16. and Decemb. 7. 1648. Their True State of the Commonwealth of England, &c. 1654. and other Pamphlets for their justification, which all true Protestants blush at. 〈◊〉
3. That the Jesuits ever since the Establishment of their Military Order, under Ignatius their Martial General, have been the principal Firebrands, Bellows, Instruments of kindling, somenting, raising, continuing all the public commotions, wars, seditions and bloody fewds that have happened in or between any Kings, Kingdoms, States, Princes, Sovereigns or Subjects throughout the Christians world; and more particularly, of all the Civil commotions, wars in France, Germany, Transylvania, Bohemia, Hungary, Russia, Poland, England, Scotland and Ireland, to the effusion of whole Oceans of Christian blood: which one poetically thus expresseth,
Yea, it is well worthy observation, what Jacobus Crucius, a Jesuit (Rector of the Jesuits Novices at Landsberge ) presumed to publish, in his Explication of the Rules of the Jesuits, Anno 1584. in these words: The Father of our Society ought to be a Soldier; because, as it is the part of a Sculdier, to rush upon the Enemy with all his Forces, and not to desist, till he become a Conqueror; so it is our duty to run violently upon all, who resist the Pope of Rome; and to Destroy and Abolish them, not only with Counsels, Writings, and Words; Sed invocato etiam brachio seculari, Igne & Ferro tollere & abolere, sicut Pontifer & nostra Vota (contra Lutheranos suscepta) Volunt & Mandant. But likewise by calling in to our assistance the secular Arm (of an Army) to take away, and destroy them with Fire and Sword, as the Pope and our Oaths (taken against the Protestants) Will and Command. And may we not then safely conclude, they have been the Original Contrivers, Fomenters, Continuers of all our late intestine and foreign wars, by Land and Sea, with our Christian Protestant Brethren and Allies, (as sundry Parliament Declarations of both Houses aver and attest?) And that many of them have secretly crept into, and listed themselves Soldiers in our Armies, on purpose to put on foot their designs against our King, Kingdoms, Churches, Religion, and perpetuate our Civil Wars? And so much the rather, because, Alphonsus de Vargas (a Spanish Popish Priest) informs us: That the Jesuits, being a Generation of Incendiaries, are so welpleased with the name of their Founder Ignatius, derived from Fire, and signifying a Caster about of wild-Fire, or an Incendiary; that though his christened name at first was Innicus, or Inighistas; Yet Johannes Eusebius Nirenberger, a Jesuit, in his Book, De Vita Ignatii, printed at Madrid, 1630. most falsely records, That his Parents at his Baptism, being in doubt what name to give him, thereupon the Infant himself, with a loud voice, said, He would be named Ignatius, to signify what office he should obtain in the Church and world, even to cast abroad fire in them, and set them all in a flame. Hereupon his Disciples the Jesuits, considering that this their founder was by his name A firebrand, and a Soldier by his profession, professed publicly to the King of Spain, his council and the world, that it was no less consonant to the mind, institution and statutes, then to the name of their warlike Father Ignatius, that they should not only exercise, but Publikely profess and teach to others, Artem Pyrotechnisam, &c. the art how to make and cast abroad fire-balls, fire-works and wild-fire, to fire and burn houses and Cities: and likewise the art of war, of setting Armies in battle array, of Assaulting cities, the manner of making Gun-powder, bullets, fire-bals; of casting Guns, and the manner and ways of making all other Military works, Engines, together with rules and precepts belonging to Navigation, & omnia maritini belli munia: and all duties and incidents belonging to Sea-fights. Upon which they persuaded the King of Spain (notwithstanding the opposition of all the Universit • es of Spain against it) to erect a public University for their fiery martial order at Madrid, and to endow it with an annual Revenue of ten thousand Crowns; wherein they set up a public Lecture concerning war and all incidents appertaining thereunto; with this Printed title: Acroasis, De re Militari; in qua pracipietur Doctrina & forma Militiae veteris & Hodiernae, & Species Mathematum arti isti subordinatarum: quae sunt Tactica, five De Acie instruenda, Topographica, Machinaria Militaris, Organo Poetica, Pyrotechnica, &c. Hanc acrosia faciet, P. Hermannus Hago (a Jesuit) quarta pomeridiana usque ad quintam. This is the first public Military Lecture I ever read of erected in any University amongst Christians, and Professors of the Gospel of peace; who are expressly enjoined by the God of peace, and Prince of peace To put up their swords into their scabberds, because all those that that the sword, shall perish with the sword. To beat their swords into plow • shares, and their spears into pruning-hooks: not to lift up the sword against one another, neither To learn war anymore. Yet such bloody incendiaries and delighters in war are the Jesuits, that they thus publicly teach others the art of war and fire-works, to set the whole Christian world in combustions and open wars against each other; which they have everywhere accomplished, and that upon this accompt: that the Gospel of Jesus is principally to be taught and propagated by armed power, exercitu & armorum usu; by An army and the use of arms (whereby they now propagate it in our Kingdoms the quite contrary way, to the ruin of our Church and religion:) whereupon Vargas passeth this just censure on them: Hos velut Ignigenos illis Comici verbis recte quis a se amoliri, & in malam rem abire jusserit.
And a German Frier in his Astrum inextinctum, gives this true Character of them: Discordias inter suprema Reipublicae Christianae capita seminare credimus esse veritati patrocinari; quam salvam esse negant, quamdiu Principes isti inter se non colliduntur Hoc est flammas in Europa suscitare, sicut gloriantur Patrem societatis Ignatium, esse illum, de quo Christus dexerit, Veni ignem mittere in terram, hoc est, classicum in aulis Principum canere, & illos inter so committere.
4. That the Jesuits from the first erection of their Military order, have conspired, attempted to subvert and utterly extirpate (under the name of Schismatics, Heretics, Gospellers, Heresy, and the Gospel) all professors whatsoever of the Protestant Religion and their Doctrines throughout the world, not only by Machivilian plots and treasons, but by war, fire, sword, holy leagues, Armies & armed power, as is evident both by their books and Practices. To instance in a few particulars both abroad and at home. Franciscus Veronas Constantiensis, a Jesuit, in his Apology for John Castle, Anno 1595. part 5. c. 13. resolves, That all wars to extirpate heretics (Protestants) Ar • lawful, yea more lawful then against all other Infidels, because Heresy according to God's word, is worse then all Infidelity. And if war be Just against Heretics, how much more just is it against the head of the Heretics? And if it be just to Extirpats heretical Kings out of all Christian Kingdoms (which the Jesuits entered into an holy League to effect, as you heard before out of Campian) How much more just is it in the most Christian Kingdom (France) to root out King Henry the 4? (whom they not only warred against, but stabbed and murdered as aforesaid.) Thuanus Historiae, l. 65. p 238. and lib. 67. 299. records; That it is the opinion and Sentence of the Jesuits, that it is a Pious and wholesome thing, that all Christians should lay violent hands upon Sectaries and Protestants, ought to be armed against them, and to make no peace, keep no faith nor truce with them; yea, that it would be more profitable for the Church, and more conducing to God's glory, for all Christians to give over their wars they wage against the Turks by common consent, and to let the Turks alone, and to turn all their arms and forces against the Evangelical Sectaries (or Protestants) which live amongst them, who are worser, and ought to be more odious to true Christians then Turks; and utterly to destroy and persecute them to death, rather then to delete the unbelieving Mohammedans, who are not so dangerous as they. Hoc quàm pie, et juxta mansuetudinem Christianam dicatur, ipsi qui conscientias alioram moderantur, conscientiam suam rogant; Subjoynes Thuanus, though a Papist. And Joannis Paulus Windeck, in his Book De extirpandis Haeres. antid. 10. p. 404. 412. antid. 11. p. 480. and p. 244. positively determines, That the Lutherans and Calvinists are to be persecuted with wars, and not only to be terrified, but likewise deleted, cut off, taken out of the way, and utterly extirpated with arms and flames. That all Catholic Princes ought to enter into Holy leagues, associations & confederacies, to destroy and root them out, as they did in France, Anno 1587. That the opportunity is not to be neglected, namely, Quando Protestants Pecuniis exhausti sunt; when the Protestants Purses and money are exhausted (as they are now amongst us by excessive endless Taxes, Excises, Civil wars, and a perpetual army too much swayed by Jesuitical counsels, to eat us out, and ruin us with our Religion in conclusion, ere disbanded.) And that the Catholics may more easily oppress and destroy these Sectaries, they are to be severed one from, and divided against each other, by sundry various arts and means, and all occasions laid hold on for this purpose. (And are we not so now in all our Realms and Dominions more then ever, by the Jesuits and Romish Emissaries?) Which the Emperor Charles the 5 observed (in his proceedings against the Protestants in Germany) to his great advantage. In pursuance of these Jesuitical Positions, Anno 1576. and 1577. the King of Spain, Duke of Guise, with sundry others, Jesuited Popish Princes, Nobles and Papists of all degrees, by the Jesuits instigation, and Popes special approbation, entered into a bloody Conspiracy, or holy League, as they term it: To restore and retain the most holy worship of God, according to the form and manner of the holy catholic Apostolic Church of Rome: to abjure all errors or corruptions contrary thereunto, &c. To spend not only all their Estates, but lives, to repeal all public Edicts in favor of the Protestants and their associates; to extirpate all Heresies, heretics, and pursue all such as public enemies, with fire and sword to death, who should any way oppose or withstand this League, or refuse to join with them in it, or fall off from it upon any pretext, after this Oath to observe it. Which League they several times renewed: and in the renovation thereof Anno 1598. the Jesuits openly boasted, That they would use their utmost endeavors, that before the year 1600. began, Evangelium (So they termed the Protestant Religion) Radicitus ex orbs toto extirpetur; Should be clean extirpated out of the whole world. The Massacres, Slaughters of how many thousand Protestants by open intestine wars and bloody Conspiracies, this League occasioned in France, Germany and the Netherlands, together with the murders of two French Roman Catholic Kings, the French and Belgic Histories of those times, will sufficiently inform the Reader. In the year 1602. the Jesuits erected a new College and Society at Thonon in Savoy, to convert or utterly extirpate the Protestants, under the Notion of Heretics. 1. by Preachings. 2. by pious frauds. 3. by Vi armata: by force of arms: to which new Society, many Popish Kings, Nobles and others, gave their names; and in June that year listed above 25000 expert Soldiers, all Roman Catholics, to put this their Design against the Protestants in execution upon the next opportunity: there being above 50 Jesuits disguised in Lay-men's habits employed in England, to stir up the Papists and people there to join with them in this new Association, to root out the Protestants in all places by the Sword, the Principal Engine used by these Ignatians to effect it. To pass by all the conspiracies and attempts of the Jesuits in Queen Elizabeth's reign, to extirpate our Religion and the Professors of it by open wars, Rebellions, Spanish and foreign invasions both in England, Ireland and Scotland, recorded by Mr. Cambden, Speed and others in her life, and William Watson in his Quodlibets; with their attempts of like Nature in the beginning of King James his reign, recited in the Statutes of 3. Jacobi, c. 2. where all may peruse them: I shall only acquaint you; That a little before the beginning of our late bloody wars, Divisions, ( contrived, fomented by the Jesuits and Papists, as I have elsewhere at large, discovered, and many Parliament-Declarations attest ) one Francis Smith an English Jesuit, openly affirmed to Mr. Waddesworth and Mr. Yaxly, That it was not now a time to bring their Religion by disputing or Books of controversy, but It must be done by an Army, and By the Sword. And it is very considerable, That when the Jesuits Spanish and Romish Agents had engaged the King and English Protestants against their Protestant Brethren of Scotland, 1639. to cut one another's throats; the King of Spain had provided a great new Spanish Armado by the Jesuits solicitation, and a great Land-Army of old Spanish Soldiers to invade the Western and Southern parts of England, then destitute of all forces, Arms & Ammunition to defend it, all drawn to the Northern parts against the Scots; and to join with the Popish confederates here, to extirpate the English he retickes and Protestants: which design of theirs, through the Hollanders unexpected encounter, which scattered their fleet upon the English Coasts, and the Pacification with the Scots, before any engagement of both Armies, was happily prevented. That this Spanish Fleet was then especially designed for England, appears (besides other Evidences, which I have elsewhere touched) by the confession of an English Pilot in that Navy upon his death-bed, mortally wounded in the first fight, to an English Minister and others, to whom he revealed it out of conscience; by some Letters I have met with; and by a Pamphlet made and printed by the Jesuits, Anno 1640. entitled The Jubilee of the Jesuits, taken from a Papist at Redriffe, and presented by Sheriff Warner to the whole Commons House, November 14. 1640. Wherein among other Passages then read in the House, (entered in the Journal of that day, out of which I transcribed them:) there was a Particular prayer, For the holy martyrs that Suffered in the Fleet sent against the Heretics of England, 1639. with this advice; That the Papists must fish in troubled waters, (to wit, whiles that The King was Ingaged in the wars against the Scots:) with certain prayers added, For their good success in that Design against the Scots. For the more effectual carrying on whereof, the Popes Nuncio, with the College of Jesuits then in Queen-street, secretly summoned a kind of Parliament of Roman Catholics and Jesuits in London, out of every County of England and Wales, in which Conne the Popes Nuncio sat President, by the Queens commission and direction, in April, 1639. Who granted and collected an extraordinary large Contribution, by way of Subsidy, from the Papists, to carry on this war against our Protestant Brethren of Scotland, and raise forces to join with the Spainards, whom they then expected, to cut the English Protestants throats. The Jesuitical and Prelatical Popish party much displeased with the defeat of this their Plot, by the unexpected Pacification with the Scots, 1639. induced the King soon after to break and revoke it, Anno 1640. (the very year of the Jesuits Jubilee, which they solemnized in all places, being the 100. year from the first Erection of their Order by Ignatius, Anno 1540.) they caused a new Army to be raised and sent into the North against the Protestants of Scotland, to subdue & destroy them. At the same time they secretly listed an Army of no less then 7000. Romish Catholics, kept in private pay, of purpose To cut the Protestants throats who should resist them, and to Conquer the Protestants in England first, and then in Ireland; which Design they were to put in execution, when the Pope or his Legat, with the Spanish, French and Venetian Ambassadors should appoint; who designed them to begin to execute it, When the King went into Scotland against the Scots; as O Conner (the Queen-Mothers Priest ) confessed to Anne Hussey, who justified it to the Lord's of the Council then, and afterwards, before the Lord's in Parliament upon her Oath. The Jesuits were so confident of the good success of their designs amongst us, and complete Victory over all the Protestants throughout the world this year of their Jubilee (making Triumph over their Enemies, one of their Notes of the true Church ) that they appointed a solemn Enterlude to be acted by their Society in the public Hall at Aquisgran in Germany, in honor of their Jubilee: wherein they signified to the people, by printed Tickets and Pageants, that the Popish Church of Rome should be brought in upon the Stage, happily fighting against, triumphing and reigning over all her enemies everywhere throughout the world, in all ages till that present day, and especially of later times, by their means. The beginning of this Enterlude being happily acted, and succeeding according to their minds; at last there were two Armies of soldiers brought by them upon the Stage, ready to encounter each other: the one of Jesuits and Papists, fighting for the Church of Rome; the other, representing the Protestants warring against her. Before their fight, a Jesuitical actor, clad in black, personating a Popish Mass-Priest, divineth good success to the Popish Army, praying for it with an affected devotion and solemn invocation (or rather profanation) of God's name: after which, the Popish Army of actors, as being certain of the instant victory, uttered these words to their Captain (as their parts directed them) with a loud reiterated voice and shout; Pereat, Pereat, Quisquis est hostis Ecclesiae: Let him perish, let him perish, whoever is an enemy of the Church: whereupon a great part of the Stage on which they acted, together with the whole Popish Army (not one Soldier or Captain excepted) at the repeating of these words and wishes, fell to the ground immediately, with so great celerity, that many of them felt they were fallen down, before they discerned themselves to fall; their feigned enemies of the Church (representing the Protestants) standing all fast, at least in place, if not in mind, on the other part of the Stage, which fell not at all. With this sudden fall, many of the Popish Army were bruised in pieces with the beams of the Stage falling upon them; who through pain and horror, needed Monitors to silence their outcries; others having their bones broken and Limbes put out of joint, were carried to the Chirugions to be dressed; and all the rest confounded with shame, crept away secretly under the Veile to their Lodging. And so this Jesuitical Enterlude, by divine justice, ended in a real unexpected bloody Tragedy and real rout of the whole pretended victorious Popish Army of Jesuits; and the Scottish Wars that year (which they so much depended on) through God's mercy, concluded in a blessed Peace and Union between both Nations. Whereupon, the Irish Popish Rebels, by the Jesuits Plots and instigations, seconded with secret encouragements, and promises of assistance with Arms and Moneys from Cardinal Richliou, the King of Spain, Pope, and other foreign Popish Princes, undertook the late horrid bloody Massacre of all the Protestants in Ireland, and surprisal of all the Forts, Castles, Arms and Ammunition therein, on the 23 of October, 1641. being Ignatius day, the Founder and New Canonized Saint of the Jesuited Society, for the greater Honor of their Patron, Order; they being the chief Plotters of this horrid bloody Treason. Which horrid Conspiracie, though happily discovered the night before its execution, at Dublin, and some few places else; yet it took effect in most other parts of Ireland, to the slaughter of near two hundred thousand Protestants there, in few months space; seconded with a bloody War, for sundry years; to the loss of many thousands more lives. To this Plot all the Papists in England were privy, who intended the like Massacre in England; and soon after by the Popes and Jesuits instigations, by the assistance of sorragin Popish Princes, they eugaged the King and Parliament in a longlasting bloody uncivil, unchristian war against each other, concluding in the Kings and Parliaments joint ruins by an Army raised for their mutual defense, seduced thereunto through the Jesuits instigations and policies. After which, they engaged the Protestants of England and Scotland (formerly united by the strictest B • nds and Covenants against them) to war upon, invade and destroy each other by land; and soon after that (by the Spanish Agents Assistance) raised a most dangerous bloody War between our Protestant old Allies of the Neitherlands and the English by Sea; to the infinite damage, prejudice of both, and the effusions of whole Oceans of the Gallantest Christian Protestant blood, that ever yet was shed, the expense of more treasure and men in these intest •• e Wars, than would have conquered all Spain, Italy, and the Indies, had they been employed upon such a design; and to the entailing of a perpetual Army on us and our Posterities; more ready (as we have of late years found by sad experiments) to hearken to the Jesuits clandestine suggestions, • eductions, and execute their foreplotted Designes to ruin our Kingdoms, Parliaments, Laws, Liberties, Monarchy, Church, Religion, then to follow the Advice, Votes Councils, Directions, Commands of our Parliaments, Kingdoms, and the best affected Protestants of all ranks who first raised, and have so long maintained them, for quite other ends (hereafter touched) then what they (of late times) have most pursued, to the Popes and Jesuits great content.
5. That the Jesuits have endeavored, attempted the convulsion, concussion, subversion not only of the Empires, Realms, and ancient settled Governments and States of Germany, Russia, Bohemia, Hungaria, France, Poland, but likewise of England, Scotland and Ireland, and to new model them into other Forms of Government. What mould of Government they intended to cast England into, is thus long since described by William Watson (a secular Priest) in his Quodlibets, Anno 1602. page 309, 310, 330, 331. England is the main chance of Christendom at this present, by seditions, factions, tampering and aspiring Heads: the only But, Mark, White, the Jesuits aim at, as well in intention as execution of their pretended expedition, exploit and action. I am of opinion, that no man on earth can tell what Government it is they intend to establish, ratify and confirm, when they come to their preconceited Monarchy; no not any of their Plot casters. No question it is, but their Government shall be as uncertain as their New conceited Monarchy; their Monarchy as mutable as their Reign, and their Reign as variable as the Wind, or Proteus in his Complements. But no question is to be made of it, but that the Government they do directly intend at this present is, A MOST ABSOLUTE SOVERAIGNTY, DOMINION AND STATE, CLEARLY EXEMPTED from any subordination, TO ANY LAW or Legifer divine or human; and therefore it is rightly called DESPOTICON in the highest degree of exemplary immuni • le, IMPERIALITY AND ABSOLUTE REIGN, RULE AND AUTHORITY, as containing in it three sorts of Government; S • il. Monarchical, Aristocratical, Democratical, in matters of Counsel and managing of Common wealths causes; not in point OF REGALITY, HONOUR AND INHERITANCE; For there shall be neither Title, nor Name, nor Honor given, taken or done to any Prince, Duke, Marquess, Earl, Viscount, Lord, Baron, or the like, (all the Jesuitical Governors being Puritan like, Seniours, Elders, Provincials, &c.) neither shall there be any successions by Birth or blood, TO ANY HONOUR, OFFICE OR MAGISTRACY from the Monarch, Pater General, to the Minor, P • ter Minister, but ALL SHALL GO BY ELECTION OR CHOICE. Whether our late and present variable floating New molded Governments have not been cast by this long since predicted Jesuitical Mould, let wise men, with all our late, yea present Governors, now sadly consider and determine.
6. That the Jesuits in a public Disputation held at Madrid, published by them under this Title; Conclusiones Politicae sub Regis Domini nostri praesidio, instructed the King of Spain (their Chief Protector, whom they most extol above all other Kings, to promote both his universal Monarchy and their own thereby.)
7. That the Jesuits in their Book, De Zelo S. Ignatii in Religion sua instituenda, printed at Madrid, p. 13, do glory; Hoc Societatis proprium esse, ut quotidie nov •• promat inventiones quibus homines ad Deum perducantur: That this is the property of their Society, that it DAILY BRINGS FORTH NEW INVENTIONS, whereby men may be brought home to God (that is, to their Religion and Society) the principle whereof they, and Vargas record, to be these. Their persuading of men to embrace the Gospel, by AN ARMY; the use of ARMES, Power, Terror, Fire: Their Exercise of Merchandize (which many of them in most places & in England too, now use, they being very great Merchants, Factors, and
8. That as the whole House of Commons in their Remonstrance of 15. December 1641. charge the Jesuits, and late Jesuited Court-Counselors, with a Malignant and pernicious design, of SUBVERTING THE FUNDAMENTAL LAWS and Principles of Government upon which the Religion and Justice of the Kingdom are firmly established. So William Watson a Secular Priest, chargeth Father Parsons, the English Jesuit, and his Jesuited companions, in their Memorial for Reformation of England, when it should be reduced under the power of the Jesuits (as Parsons was confident it would be, though he should not live to see it) written at Sevil in Spain, Anno Dom. 1590. that they intended to have Magna Charta, with our Common Fundamental Laws and Liberties, abrogated and suppressed: thus expressed by William Watson in his Quodlibets, pag. 92, 94, 95. Father Parsons and the Jesuits in their deep Jesuitical Court of Parliament, begun at Styx in Phlegeton, have compiled their Acts in a complete Volume, entitled: THE HIGH COURT OF REFORMATION FOR ENGLAND.
It is worthy observation, that Tho. Campanella prescribed the sowing, and continual nourishing of Divisions, Dissensions, Discords, Sects and Schisms among us, both in State and Church (by the Machivilian Plots and Policies he suggests, punctually prosecuted among us of late years) as the principal means to weaken, ruin both our Nation and Religion, and bring us under the Spanish and Popish yokes at last: witness his, IAMVERO AD ENERVANDOS ANGLOS NIHIL TAM CONDUCIT QUAM DISSENTIO ET DISCORDIA INTER ILLOS EXCIT AT A PERPETUOQUE NUTRITA, Quod cit • meli • res occasiones suppeditabi • : and that principally, by instigating the Nobles and chief Men of the Parliament of England: UT ANGLIAMIN FORMAM REIPUBLICAE REDUCANT AD IMITATIONEM HOLLANDORVM: which our Republicans lately did by the power of the Army- Officers; or, by sowing the seeds of an inexplicable war, between England and Scotland; By making it an Elective Kingdom, (as some now endeavor under another Notion) or by setting up Other Kings of another Race, without Legal Right, or just Title, against that ancient, unquestioned, undoubted Right and Title settled, established in King James and his Royal Posterity by Inherent Birthright, and lawful right of Descent by God himself and his Laws, confirmned & strengthened by all possible Titles and Rights of compact, Laws, Statutes, Oaths, perpetual uncontradicted custom, Protestations, Covenants, the solemn Public Faith and Engagement of our English Parliaments & Nation, for themselves, Their Heirs & Posterities forever, as the Statutes of 1 Iacobi c. 1. 2, 3, Iac. c. 1. 4, 7. Iac. c. 6. which both houses of Parliament in their Declaration of Nov. 2. 1642. Exact Collect. p. 705 resolve. And that upon this suggestion to the People; Crudelem fore SCOTUM ubi semel Imperium in illos obtinuerit▪ 〈…〉 mente, repostum, quanta injuria Angli Scotos superioribus illis annis afficerint. Praeterea suspicionem cis incu • iat, fore ut Jacobus CAEDEM MATERNAM VINDICATURUS SIT, &c. Exasperandi sunt etiam animi Episcoporū (Presbyterorū) Anglicorum proponendo illis REGEM SCOTIAE Calvinismum amplexum esse SPE & CUPIDITATE REGNI, ADACTUMQVE VI, A BARONIBUS HAERETICIS; quod si vero Regnu • Angliae etiam • btineat, TVM ILLVM CITO PRIOREM RELIGIONEM REVOCATURUM ESSE: qùandoquidem non solum MARIA EJVS MATER moriens, virum etiā REX IPSE GALLIARVM SVMMOPORE EI RELIGIONEM CATHOLICAM COMMENDARINT, &c. yet now transcribed almost verbatim out of Thomas Campanella, (who suggested it against King James to alienate the English from him, & keep him from the Crown) & very freshly by the Authors of, The True state of the Case of the Commonwealth, &c. p. 48, 49. objected against the present King of Scots and royal Issue, to deprive him and them from the Crown of England, and engage the whole English Nation against their Title, to vest it in some other Family in greatest power.) Or if these projects should fail, then by dividing us into many Kingdoms or Republics, dislinct one from another; and by sowing the seeds of Schisms, and making alterations and innovations in all Arts, Sciences, and our Religion. The old Plots of Campanella, Parsons, and late designs of Cardinal Richelieu, of the Pope, Spaniard, Jesuits, to undo, subvert our Protestant Churches, Kings, Kingdoms and Religion, as the marginal Authors irrefragably evidence: yet all visibly set on foot, yea, openly pursued, and in a great measure accomplished by some late, nay present Grandees and Army-Officers, who cry up themselves for our greatest Patrons, Preservers, Deliverers, and Anti-Jesuits, when they have rather been but the Jesuits, Popes, Spaniards and other Foreign enemies instruments and factors, in all the late changes, new-models of our Government, Parliaments, & pretended reformations of our laws and Religion, through inadvertency, circumvention, or self-ended respects, as many wise and godly men justly fear. For prevention whereof, I shall recommend to the whole Kingdoms serious consideration, the memorable Preamble of the Statute of 25 H. 8. c. 22. discovering the like Plots of the Pope and our Foreign Enemies to 〈…〉 〈1 page duplicate〉 〈1 page duplicate〉 to prevent them for the future, in these ensuing words. In their most humble wise shown unto your Majesty, Your most humble and obedient Subjects, the Lord's Spiritual and Temporal, and the Commons in this present Parliament assembled: that since it is the natural inclination of every man, gladly and willingly to provide for the surety, both of his Title and Succession, although it touch his only private cause: We therefore, most rightful and dreadful Sovereign Lord, reck • n ourselves much more bounden, to beseech and instant your Highness, although we doubt not of your Princely heart and wisdom, mixed with a natural affection to the same, to foresee and provide for the perfect surety of both you and of your most lawful Succession and heirs, upon which dependeth all our joy & wealth; in whom also is united and knit, the only mere true inheritance and title of this Realm, without any contradiction: Wherefore, We your said most humble and obedient Subjects in this present Parliament assembled, calling to our mind the great divisions, which in times past have been in this Realm, by reason of several Titles pretended to the Imperial Crown of the same; which sometimes, and for the most p • rt, ensued by occasion of ambiguity and doubts, then not so perfectly declared, but that men might upon froward intents expound them to every man's sinister appetite and affection, after their sense, contrary to the right Legality of the Succession and Posterity of the lawful Kings & Emperors of this Realm, whereof hath ensued great effusion & destruction of Mans blood, as well of a great number of the Nobles, as of other Subjects, and specially Inheritors in the same. And the greatest occasion hath been, because no perfect & substantial provision by law hath binmade within this realm itself, when doubts and questions have been moved, & proponed of the certainty & legality of the Succession & posterity of the Crown. By reason whereof, The Bishop of Rome, & See Apostolic, contrary to the great and inviolable grants of Jurisdictions By God immediately to Emperors, Kings & Princes in succession to their heirs, hath presumed in time past, to invest who should please them to inherit in other men's Kingdoms & Dominions; which thing, we your most humble Subjects, both Spiritual and Temporal, do most abhor & detest: And sometimes other foreign Princes and Potentates of sundry degrees, minding rather dissention & discord to continue in the realm, to th'utter desolatiō thereof, then charity, equity, or unity, have many times supported wrong titles, where by they might easily & facilly aspire to the Superiority of the same, the continuance & sufferance whereof deeply considered & pondered, were too dangerous and perilous to be suffered any longer within this Realm, & too much contrary to the unity, peace and tranquility of the same, being greatly reproachful and dishonorable to the whole Realm. In consideration whereof, your said most humble and obedient Subjects, the Nobles and Commons of this Realm, calling further to their remembrance, that the good, unity, peace, and wealth of this Realm, and the succession of the Subjects of the same, Most specially & principally above all worldly things, consisteth and resteth in the certainty and surety of the procreation, & posterity of your Highness, in whose most royal person at this present time, is no manner of doubt or question, Do therefore most humbly beseech your Highnes, &c. to declare the establishment of the successiō of your royal posterity in the Imperial Crowns of this realm: as he and they did by this & other succeeding acts of Parl. & in 1 Eliz c. 3. & 1 Jac. c. 1. to prevent the like civil wars and mischiefs for succeeding ages, now revived, promoted by the Pope, Jesuits, & Foraign Popish Princes to work our ruin.
Certainly, whosoever shall seriously ponder the premises, with these passages in William Watson's Quodlibets concerning the Jesuits, 1. That some of the Jesuits society have insinuated themselves into all the Princes Courts of Christendom, where some of their Intelligencers reside, and set up a secret counsel, of purpose to receive and give intelligence to their General at Rome, of the secrets of their Sovereigns, and of all occurrence in those parts of the world, which they dispatch to and fro by such cyphers, which are to themselves best, but comm̄only only to themselves known, so that nothing is done in England, but it is known at Rome within a month after at least, & reply made back as occasion is offered, to the consequent overthrow of their own natural Country of England, and their native Princes and Realms, by their unnatural Treasons against them; that so the Jesuits might be those long gowns, which should reign and govern the Island of Great Britain. To which I shall add that of Rob: Turner an English Jesuit, in his Epistles printed at Ingolstad, An. 1584. Ep. 19. Volui irrepere, volui irrumpere in intimas Aulas Principum; volui videre omnia, ut ad Justitiae norman praeclare exigerem. Vix coeperam obi • e Principū Aulas, cum viderim Hoereticorū illum Mundum ADMINISTRARI A STULTIS, &c. with that of Hospinian, Historia Jesuitica l. 3. p. 148. That the Jesuits are so subtle, vigilant, bold, laborious, and endued with such a faci • lty of flattery, insinuation, acting and hurting in Princes Courts, that they exactly discover, know, and fish out all their secrets, (which they eve • l to their Superiors, the Pope and Spaniard) and alone rule all things in them: so that the Courts of Europe are more grievously infested & afflicted by the Jesuits, than the Court of Pharaoh was of old by the Egyptian • rogs. And may we not then justly fear our new Court hath been as much pestered and infested by them of late years, as our old Court heretofore?
〈◊〉 That the Jesuits hope and endeavor to have England, Scotland and Ireland under them, to make these Northern Islands a Iaponian Island of Jesuits, and one Jesuitical Monarchy,; and to infeoffe themselves by hook or by crook In the whole imperial Dominions of great Britain with the remainder over To their Corporation, or puni-Fathers succeeding them, as heirs specially in their society, by a state of perpetuity: Putting all the whole Blood Royal of England to the Formidon, As but Heirs general in one Predicament together, as now they have done.
3. That the Jesuits have Magistracy, Kings, Magistrates, Ministers, Priesthood, and Priests in high contempt; publishing many slanderous, seditious; traiterous, and infamous speeches, libels, and books against them, to render them odious and contemptible to the People, full of Plots, exasperations against the Church and Commonwealth, like rebellious Traitors, to bring all into an uproar, that they may have all Countries, Kingdoms, Governments, Successions, States, Inhabitants, and all at their pleasure.
4. That the Jesuits have taught the people (in order to get England under their power, and in order to God or Religion, as they style it,) That Subjects are bound no longer to obey wicked or heretical Princes and Kings deflecting from the Catholic Religion, and drawing others with them, but till they be able by force of arms to resist and depose them. That the popular multitude may upon these grounds, when they think meet, place and displace their Princes and chief Officers at their pleasure, as men may do their Tenants at will, hirelings, or ordinary Servants, putting no difference in their choice Upon any Right or Title to Crowns or Kingdom, by Birth or Blood or otherwise, then as these Fathers (forsooth) shall approve it, By this all things must be wrought and framed, conformable to opportunities of times and occasions; as for example: The people must have a right and interest in them, and to do what they list in choice of their Kings and Supreme Governors, til they have set such a person or Usurper in the Crown, as they for their ends have designed; and then the times and occasions changing, when such a one is settled in the Throne, the former doctrine and practices must be holden FOR A MISTAKING; yet such, as seeing it cannot be holpen, the people must beware hereafter of attempting the like again. By this a check must be given to the publishers of such paradoxes, (when they have accomplished their designed ends,) after that a dispensation procured for the Offenders, and then all shall be well ever after; till a new opportunity for their further advantage.
5. That the Jesuits by abs • rd equivocations, counterfeited perjuries, Sacriledges, and cozenage, become all things to all men, that they may gain all; as to be Seminary Priests amongst Seminaries; Secular Priests, among Seculars; Religious men, among Religious; Seditious men among Seditious; Factions Spaniards amongst Spaniards; ENGLISH TRAYTORS AMONG TRAYTORS; SCOTISH VILAINS, AMONG SCOTS, &c. and amongst all these, to deny and affirm, to object and answer, to swear and forswear, whatsoever may be a gain to them, for their pragmatical Commonwealth and society. No wonder then, if they transform themselves into all shapes, and take upon them all professions now amongst us.
6. That the Jesuits by their devices and practices, have brought all to Machiavels rule, DIVIDE ET IMPERA, in sowing division, breeding of jealousies, and making of hoslile strife, by opposition of King against King, State against State, Priest against Priest, Peer against Peer, Parents against children, children against parents, sisters against brothers, servants against masters, wives against husbands, husbands against wives, and one friend against another, raising up rebellions, MVRDRING OF PRINCES, making uproars every where, until they make those they cannot otherwise win unto them, either yield to be their vassals to live quiet by them, or force them to flight, or drive them out of their wits, or otherwise plague them to death.
7. That the Jesuits by their cursed positions, and machiavillian practices, have made religion itself a mere political and atheal device; a pragmatical science of Figboys, and but an art of such as live by their wits, and the principles of Machiavel taught by their Rabb • es; yea, a very hotch potch of omnium gatherum, religious, secular, clergical, laical, ecclesiastical, spiritual, temporal, MARTIAL, civil, Aecomenical, political, liberal, mechannical, municipal, irregular, and ALL WITHOUT ORDER; so that they are not worthy to be called religious, ecclesiasticks, catholicks, nor temporal mechannical Christians; but rather Machiavillians, Atheists, Apostates; their course of life showing what their study is; and that howsoever they boast of their perfections, holiness, meditations and exercises, (as if they were all Superlatives, all Metaphysicians, all entia transcendentia ) yet their platform is heathenish, tyrannical, sathannical, able to set Aretine, Lucian, Machiavel, yea, and Don Lucifer, in a sort to school.
Those, I say, who shall sadly ponder all these premises, and compare them with the late practices, policies and proceedings of some swaying politicians of our age (infected likewise with this Atheistical State-Maxim, amongst others derived from the Jesuits, and Machiavillian Spanish State-Counsellers:) In Reipublicae administratione, quaedam LICITA ESSE RATIONE STATVS, alia respectu Conscientiae: which Thomas Campanella (as bad as he is) not only severely censures, but thus declaims against with highest detestation, Qua opinione profecto NIHIL MAGIS ABSVRDVM AV • IMPIVM ne excogitari quidem potest: Nam qui conscientiae universalem suam jurisdictionem in omnes res humanas TAM PVBLICAS QVAM PRIVATAS, subtrahit, ostendit, SE NEC CONSCIENTIAM, NEC DEVM HABERE, &c. Siquidem omnia scandala Ecclesiae Dei, & PERTVRBATIONES ORBIS TERRARVM, INDE ORTA SVNT: that men may do against all Laws of God and Man, their own Consciences, Trusts, Oaths, out of a pretext of the benefit, safety of the State, & public good, as most now do; Or, compare thē with the constitution of our Church, State, Religion, public affairs, must needs acknowledge, that these pragmatical Jesuits have been very active, prevalent, powerful, successful, and not only militant but triumphant, of late years amongst us, under some disguise or other: that they have dangerously poisoned us with these their Machiavillian and Atheal policies, practices positions, and have more real Disciples, Factors, if not Tutors, now amongst us, then in any former ages: And is it not high time then to endeavor to detect their persons, and prevent their dangerous designs upon us, with greatest care and diligence? Truly though most others be negligent and fearful herein, yet that text of Ezek. 2. 6, 7. And thou son of man, be not afraid of them, neither be afraid of their words, though briars and thorns be with thee, and thou dost dwell among scorpions, be not afraid of their words, nor be dismayed at their looks, though they be a rebellions house. And thou shalt speak my words unto them, whether they will hear, or whether they will forbear, for they are most REBELLIOVS; hath animated me to exonerate my conscience herein, and to say with the prophet, Isai. 62. 1. For Zion's (England's) sake I will not hold my peace, and for Jerusalem's sake I will not rest, until the righteousness thereof go forth as brightness, and the salvation thereof as a Lamp that burneth. Wherefore,
Upon serious consideration of all these Premises, and of all those Sacred Solemn Oaths, that Protestation, Vow, League, and National Covenant, which I have formerly taken (lying still as so many) indissoluble Obligations on my Soul, notwithstanding the ingrate, malicious, unchristian Requitals of all my former unmercinary services, Sufferings for Religion, Laws, Liberties, and the public, in times of greatest Danger, recompensed only with long causeless, close imprisonments, injuries, affronts, losses of all kinds, by pretended friends and Patrons of our Liberties, as well as by professed causeless Enemies. And notwithstanding all other Discouragements from the general baseness, cowardice, Sottishness, slavishness, degenerated Spirits of the whole Nation, and their strange fearfulness even publicly to own, much less cordially, to assist, defend, (according to the sixth Article of the Covenant ) those few courageous Patrons who have hazarded their Lives, Liberties, Limbs, Estates, and all earthly comforts for the public defense of our Religion, the Laws, Liberties, Privileges of our Kingdom, Church, Parliament, against the old and late avowed subverters of them, whose very Company, visits the generality of their former friends and acquaintance have declined, (as if they had some plague sores on them;) not only during their late restraints, but likewise since their enlargements out of them, (enough to persuade them never to write, speak, act, or suffer anything more, for such ingrate, unworthy Creatures, but rather to put their helping hands, to make them and their Posterities slaves forever. ) I have yet once more, out of pure zeal, love, conscience towards my native Country, adventured my life, liberty, and decayed estate, (considering the lawlessness and Danger of the times, not the justice and goodness of the Common Cause, I plead) for the necessary defense of the Fundamental Liberties, Franchises, Laws, Rights, Parliaments, Privileges, and Government of our enslaved Nation, (though every way unworthy to be beloved by God, or men of noble spirits) in this Seasonable, Legal, Historical Vindication and Collection; wherein I have with all boldness, faithfulness, without the least fear or flattery of any Mortals or created powers whatsoever, argued, evinced, maintained my own particular, with the whole Nations public right and inheritance in them, (of which few or none take any care, but only of their own private gains, case, safely, though with the Public ruin ) and endeavored (as much as in me lies) to preserve them and our Religion from the several Jesuitical plots, counsels, specified in the whole Commons House Remonstrance of 15 December 1641. Exact Collection, p. 3. to 14. of late years revived, and more vigorously pursued than ever, and to rescue them out of the Claws of Tyranny, and all usurping arbitrary powers, which have avowedly encroached on, yea trampled them under feet of late, more than ever the worst of all our Monarchs, or beheaded King did, though declaimed against, as the greatest of Tyrants by some who have transcended him in his worst Regal Exorbitances; and particularly in this, which the Lord's and Commons in Parliament, in their Declaration of Aug. 4. 1642. thus grievously complained of, and objected against the Kings ill Counsellers,
That which hath not a little encouraged me hereunto, is not only this their public call, but likewise this memorable passage, vow, protestation of the Lord's and Commons assembled in Parliament, in their printed Declaration in answer to his Majesty's of October 23. 1642. Which I fear most of them since in power have quite forgotten; and therefore I beseech them now seriously to remember it. Though we know very well, there are too many of the Gentry of this Kingdom, who to satisfy the LVSTS OF THEIR OWN AMBITION, are content, like Esau, TO SELL THEIR BIRTH-RIGHT, AND CARE NOT TO SVBMIT THEMSELVES TO ANY ARBITRARY AND UNLIMITED GOVERNMENT, so they may FOR THEIR OWN TIME PARTAKE OF THAT POWER, to trample and insult over others: (And have not, are not some of these declarers and censures such themselves?)
The Parliament is to be considered in three several respects:
Concerning the Second, it sufficiently appears by
By all which it is apparent, how our Privledges have been torn from us by piece-meals, from time to time.
Concerning the Allegation, That the Army raised by the Parliament, is to murder the KING, (oft alleged by the King and his Party, in many printed PROCLAMATIONS, Declarations before and after this here mentioned) We hoped the Contrivers of that Declaration, or any that professed but the name of a Christian, could not have so little charity as to raise such a SCANDAL, especially when they must needs know, the Protestation taken by every Member of both Houses (and Army Officers too) whereby they promise in the presence of Almighty God, TO DEFEND HIS MAJESTIES PERSON.
And concerning the imputation laid to our Charge,
But alas for grief, how superlatively have many of the Army Officers, and their confederate members (though parties to these Declarations and Protestations ) violated them, and both Houses Faiths, Trusts, intentions, ends in raising the Army, in every of these particulars? How have they verified, justified the Kings Declarations, Jealousies, concerning the Parliaments Army, in every point, here (and elsewhere) disclaimed by both Houses? How have they exceeded, out-acted the Kings Jesuitical Counsellers, and most desperate Popish Army, in violating, subverting both the Parliaments Privileges, Members and Parliaments themselves, together with our Fundamental Laws, Liberties, Government; for whose preservation they were only raised, paid? How have they pursued the Kings and his worst Jesuited Counsellers footsteps in all the charges here objected against them by both Houses, in relation to the Parliaments privileges, Members, Constitution, Rights, Laws, to their utter subversion, dissolution, and waged war against them? And doth not every man plainly discern through the Mask and Visard of their Hypocrisy, (to use both Houses expressions) that their design is just the same with that here objected by the Parliament to the Kings ill Jesuited Counsellers, and Popish army; even to subject both King, Parliament and Kingdom, to their needy, ambitious, avaritions spirits, and to the violent Laws, marshal Law, of Governing the People, (yea Parliaments themselves) by Guards, and by the Soldiers? and
2.
4.
5.
6.
O consider, consider seriously by these particulars, to what a sad, low, despicable condition all English Parliaments are now forever reduced, and their pristine ancient Privileges, Honor, Freedom, Power, violently ravished from them by the late Army practices, violences, and rebellious insolencies against them, never to be paralleled in any age; which hath really verified this clause in the Declaration of both Houses, August 4. 1642. objected against the King and his popish Army, in relation to the Parliaments Army, purposely raised, commissioned, & engaged for their defense.
Athanasius, Bishop of Alexandria (about the year of our Lord 340.) objected this as a great crime, barbarism, cruelty, and violation of the privileges of Councils, to the Arian Emperor Constantius.
Our prudent Ancesters were so careful to prevent all violence, force, arms, and armed men, in or near any places where Parliaments were held, to terrify, overawe, or disturb their proceedings or Members; That in the Parliament of 7 E. 1. (as you may read in Rastals Abridgement, Armor, 1. Provision was made by the King, by common consent of the Prelates, Earls, and Barons, by a general act, That in all Parliaments, Treaties, and other Assemblies,
Then certainly the Parliaments own Armies Officers, Counsels,
The last real and duly constituted English Parliament we had, were so deeply sensible, of the dangerous destructive Consequences of securing or secluding their Members, and keeping them from the Houses, upon any Impeachments or Surmises, without the Notice and consent of the House; that in their forementioned Remonstrance of Nov. 2. 1642. they claimed and asserted this. TO BE SO CLEAR AND ESSENTIAL A PRIVILEDGE OF PARLIAMENT, THAT THE WHOLE FREEDOM THEREOF DEPENDETH UPON IT. That NO MEMBER OF EITHER HOUSE OF PARLIAMENT was to be proceeded against, or judged, NOR TAKEN AWAY, OR DETAINED FROM THE SERVICE OF THE HOUSE, WHEREOF HE IS A MEMBER; ( no, not in case of Treason, Felony, or Breach of Peace, much less in any other) until such time as that House hath satisfaction concerning the cause: though in such cases they confessed, he might be arrested by the Officers of Parliament, or any other Ministers of Justice, to the intent only, That he might be brought to the Parliament Corpus cum causa, and detained in safe custody till he may be brought to the Parliament; but not to be proceeded against in any inferior Court, before such time • as the cause be heard in Parliament, and dismissed from it. For (else) who se • s not, that by this means, UNDER FALSE PRETENCES OF CRIMES AND ACCUSATIONS, SVCH AND SO MANY MEMBERS OF BOTH OR EITHER HOUSE OF PARLIAMENT MAY BE TAKEN OUT OF IT AT ANY TIME, BY ANY PERSONS TO SERVE A TVRN, AND TO MAKE A MAJOR PART OF WHOM THEY WILL AT PLEASVRE. And as the grand Inquest of the whole Kingdom should be (by this means) subject to the grand Inquest of one particular County; So the whole Representative Body of the Kingdom should be at the Devotion of a Middlesex Jury, (as since of their own Army, raised to protect them from these mischiefs.) And therefore, as THE FREEDOM OF PARLIAMENTS DEPENDETH IN A GREAT PART UPON THEIR PRIVILEGES, AND THE FREEDOM OF THIS NATION UPON THE FREEDOM OF PARLIAMENTS, WE HAVE GOOD REASON TO BELEIVE, that the People of England knowing their Lives and Fortunes are bound up in this bundle, will venture their Lives and Fortunes in this Quarrel: Which I entreat all those who have so highly infringed this principle Privilege of Parliament of late years, with all the people of England now seriously to consider, to vindicate, preserve it in all succeeding ages from the like violations, if ever they expect to be Freemen, or to enjoy free English Parliaments again; which are such an ESSENTIAL PART OF THE CONSTITUTION OF THE KINGDOM, that we can attain TO NO HAPPINESSE WITHOUT THEM, and like Hipocrates twins, We must laugh and cry, LIVE AND DIE TOGETHER WITH THEM.
Now farther to convince the Army-Officers, Soldiers, of their late great injustice to, and affronts, contempts against the Parliament which raised them, in relation to our ancient fundamental Government and chief Member of the Parliament; I shall desire them and all their confederates in cold blood, seriously to consider, whether they have not, by their undutiful, violent proceedings against them, contrary to the Votes, Declarations, Remonstrances of the PARLIAMENT, endeavored (as much as in them is) to falsify this clause in both Houses Declaration Nov. 2. 1642 Although they would persuade his Majesty, That there is little confidence to be placed in our Modesty and Duty; yet, AS GOD IS WITNESSE OF OUR THOVGHTS, SO SHALL OUR ACTIONS WITNESSE TO ALL THE WORLD; that TO THE HONOR OF OUR RELIGION, and OF THOSE WHO ARE MOST ZEALOUS IN IT (
7. That the Representative Body of the whole Kingdom (since dissolved by the Army) is a Faction of Malignant, Schismatical, ambitious Persons, whose DESION IS AND ALWAYES HATH BEEN TO ALTER THE WHOLE FRAME OF GOVERNMENT, BOTH OF CHURCH AND STATE, AND TO SUBJECT BOTH KING AND PEOPLE TO THEIR OWN LAWLESSE ARBITRARY POWER AND GOVERNMENT, and that they DESIGN THE RUINE OF HIS MAJESTIES PERSON and OF MONARCHY IT SELF: and consequently that they are TRAITORS and all the Kingdom with them, (for their act is the act of the whole Kingdom ) And whether their punishment and ruin may not also INVOLVE THE WHOLE KINGDOM IN CONCLUSION, AND REDUCE IT INTO THE CONDITION OF A CONQUERED NATION (as some ARMY OFFICERS, & SOULDIERS openly aver we are now reduced to by and under them) NO MAN CAN TELL: BUT EXPERIENCE SHEWETH US (and now we find it most true in the ARMY-OFFICERS, COVNCELL, SOVLDIERS) THAT SVCCESSE OFTEN DRAWS MEN NOT ONELY BEYOND THEIR PROFESSION; but also many times beyond their first intentions.
Surely as the Armies and their Confederates late proceedings in relation to themselves, (though not unto the forced, dismembered, dissolved Parliament, and secured Members) have fully verified this charge in every particular, then reputed most false and scandalous; which I thus press upon their consciences at this time, and so largely insist on, not to defame or asperse them to the world, as many others do, who apply that black Character of Ier. 9. 2. to 6. c. 12. 6. Rev. 3. 10. to 19. ( They are all an ASSEMBLY OF TREACHEROVS MEN: Thine habitation is in the MIDST OF DECEIT, &c. Destruction and Misery are in their ways, and the way of Peace they have not known; there is no fear of God before their eyes ) unto them in a more eminent manner, as being really verified by their unparalleled exorbitances forementioned; but to vindicate the Innocency, Integrity of the Majority and secluded Members of both Houses, against the scandalous printed aspersions of Militiere and other Papists, to preserve and justify the Honor of our Reformed Religion, and of the most zealous Professors thereof; to restore, re-establish if possible, the Privileges, the Freedom of all Future Parliaments, much impaired, endangered by their heady violent Proceedings, and most pernicious Presidents to Posterity (if not publicly abominated, exploded by them, or exemplarily punished (to deter all others from their future imitation) to convince them by what Jesuitical, Popish, old Court-Principles, Counsels, Practises, they have hitherto been misguided; and to reclaim them, as much as in me lieth, for the future, from the like destructive. Practises, for the public Safety, Peace, Settlement of our distracted Kingdoms; and do most earnestly beseech them, as they are English-men, Soldiers, Christians, seriously to repent of and lay to heart, lest they perish eternally for them at last; as likewise to take heed, lest by teaching and instigating the Common Soldiers of the Army, to suppress, oppress, betray the Parliament, Kingdom, People, who raised, paid, and entrusted them only for their safeguard and defense, they do not thereby instruct and encourage them at last to betray and destroy themselves; it being a true observation of Seneca the Philosopher, Aliquando Tyrannorum praefidia in ipsos consurrexerunt. PERFIDIAMQVE ET IMPIETATEM ET FERITAREM, ET QVICQVID AB ILLIS DIDICERANT, IN IPSOS EXECRERVNT: Quid enim potest ab eo quisquam sperare, QVEM MALVM ESSE DOCVIT? Non diu paret, nequitia, nec quantum jubetur, peccat; as we have seen by many late presidents: So the Army-Officers, Soldiers Great Successes in all their Wars, Designs, and forcible ill Proceedings against the King, Parliament, Kingdom, Government, Laws and Liberties; as it hath caused them not only beyond their Professions, but also beyond their first Intentions, Commissions, Protestations, to forget that Gospel-precept given to Soldiers, Luke 3. 14. to advance themselves to a more absolute Sovereign arbitrary Power over them, than ever any Kings of England claimed or pretended to, (as their late Proceedings, Remonstrances, and transcendent Instrument of the Government of the three Kingdoms, manifest;) so it hath been the principal Ground, whereby they have justified all their unpresidented forementioned Exorbitances, as lawful, commendable, Christian: and that which hath struck such a stupefying panic fear, such a stupendous cowardice, baseness, sott • shness, into the Generality of the Nobility, Gentry, Ministry, and Commons of our late most heroic English Naton, that there is scarce a man to be found throughout the Realm of any Eminency (though we should seek after him like Diogenes, with a Candle) that dares freely open his mouth against their most irregular, illegal, violent, destructive arbitrary Proceedings, Usurpations, Innovations, Oppressions, Taxes, Projects, to the shaking and utter subverting of our ancient Fundamental Laws, Liberties, Rights, Properties, Parliaments, Parliamentary privileges, Government, and taking away of the very Lives of some (and thereby endangering the Lives of all other) English Freemen of all Degrees, in mischristened High Courts of Justice. Such a strange Charm is there in Success alone, to metamorphise Men into mere temporising, slavish, sordid sotts and beasts; yea, to cause not only persons truly honorable, but the very Devil himself, and the worst of beasts, to be wondered after, applauded, adored, not only as Saints, but God's. We read Rev. 13. of a Monstrous deformed BEAST, to whom the Dragon (the Devil) gave his Power, Seat and Great Authority; whereupon, all the world wondered after the Beast, and worshipped not only the Dragon, that gave him power, but the Beast likewise; saying, Who is like unto the Beast? WHO IS ABLE TO MAKE WAR WITH HIM? And there was given unto him a Mouth speaking Great things, and blasphemies, and power was given him to continue and make war forty and two months. And power was given unto him to make war with the SAINTS, AND TO OVERCOME THEM; and power was given him over all Kindreds, and Tongues, and Nations. And (HEREVPON IT FOLLOWS) all that dwell upon the earth shall worship him, whose names are not written in the Lambs Book of Life. And another Beast (under him) caused the earth and all that dwell therein to set up the Image of this Beast, and to worship it; and he caused all both small and great, rich and poor, free and bond, to receive the ma • k of the Beast in their right hand, and in their foreheads; and none might buy or sell, but he that had this mark; and as many as would not worship this Beasts Image, were ordered to be killed. Yet this Blasphemous Beasts reign and power continued but forty two Months, Rev. 13. 5. This Beast, (in the height of his Power and Victories) was by God himself, threatened to go into captivity, and be killed with the Sword, as he had led others into captivity, and killed them with the Sword, ver. 10. All his followers and worshippers shall (soon after) drink of the wine of God's wrath, and be tormented with fire and brimstone, &c. Rev. 14. 9, 10, 11. The Saints at last shall get the victory over this Beast, Rev. 15. 2. And the Beast himself (notwithstanding all his former Victories, Friends, and great Armies) was at last taken, and his false Prophet with him; and were both cast alive into a lake burning with fire and brimstone, and all his Forces were slain with the Sword, and the fowls were filled with their flesh, Rev. 19. 18 19, 20, 21. From which Texts I have frequently silenced, confounded some of our conquering Army-Officers and Soldiers, whiles prisoner under them, when they were vapouring of their Great Victories, Successes, and concluding from thence, both their Saintship, and the Goodness of their Actions; saying ofttimes like the Beasts followers here, Who is able to make war with us? And that with these genuine deductions from these Texts, which they could not reply against; worthy all Soldiers and others saddest meditations.
1. That God may, nay ofttimes doth give great power to the very worst and most blasphemous of all Men and Beasts; & that not only over one or two, but many Tongues, Nations, as in this Text, and Dan. 7. 3, to 29. c. 8. 4. to 27.
2. That such Beasts many times may, and do not only make war with, but even overcome the very Saints themselves in battle, as the Babylonians, Assyrians, and other ungodly Beasts did the Israelites, God's own Saints and People, Psa. 79. 1, 2, &c. Dan. 7. 21, 23, 24, 25. Isa. 10. 5, &c. c. 14. 16, 17. Jer. 26. 6, 7, 8. c. 25. 9. &c. yet they were but blasphemous Beasts, and wretches still, not Saints.
3. That if such Beasts have but Great Power and Success in their Wars, Enterpri • es against their Enemies, or the Saints themselves; though their mouths utter blasphemy against the God of Heaven, his Name, Tabernacle, Saints; though their Actions, Designs be never so impious, atheistical, treasonable, detestable: their power but short and fading, yet whiles they are in Power and Prosperity, the whole world will wonder, run after, worship, flatter, Saint, Deifie and Adore them for God's, (as Alexander the Great, and Julius Caesar's friends, flatterers did them; and some wicked Popes Favorites them too;) yea, set up, and worship their very Images, receive their marks in their hands, foreheads, and extol them to the skies, saying, Who is like unto the Beast? who is able to make war with him?
4. That such adulatious Speeches, Vaunts, Practises as these, and such Arguments of Saintship, of the Goodness of men's causes, undertakings, actions, only from their present Power, Victories and Successes, are the arguments, practices, of worldly, earthly, beastly men; of worshippers of the Beast and Dragon of Assyrians, Turks, Popes, not of the Elect real Saints of God, Whose names are written in the Lambes Book of life; who will neither flatter, worship, nor adore such Beasts, nor receive their marks in their hands or fireheads, though they be prohibited to buy or sell, or slain for refusing it by their Instruments, Rev. 13. 8, 15, 17. Dan. 3. 12. to 29.
5. That such Beasts in power, will never want under-Beasts and Instruments, nor yet false Prophets to persuade or enforce Obedience and Subjection to them, even by dis-franchisements, death, lying wonders, flattering Prophecies, Speeches, Sermons, and Hypocritical Mockfasts.
6. That the Power and Dominion of such Beasts, is given and derived to them immediately by the Dragon (the Prince of the power of the Air ) only by God's permission, not his approbation; Rev. 13. 2. Hos. 8. 4. 2 Thess. 2. 4, 8 9. And that in wrath, for the punishment of the Peoples sins, and destruction, greater condemnation of the beasts themselves at last. Hos. 13. 11. Rev. 13. and 14, and 19. Psal. 94, 23. Ier. 51. 24, &c. c. 5 • . throughout. Hab. 2. 6, 7, 8.
7. That this their Dominion, Raign and Triumph, is commonly very short, like this Beasts here for forty two Months, Rev. 13. 5. which is but three years and an half Julius Caesar that great first Conqueror of this Island and a great part of the World; usurping the supreme Power over the Roman Senate, and changing the Government, lived only FIVE MONTHS A SOVERAIGN LORD IN PEACE (though some compute his whole dominion 3 years and 7 months ) and then was suddenly stabbed to death in the Senate-House, by those friends in whom he reposed greatest trust; for his Tyrannical Usurpations, and alteration of their former Government; for endeavoring (as was suspected) to make himself KING OF THE ROMANS, (though he rejected the Title of King when offered unto him by M. Antonius, saying, That Jove was only King of the Romans, that so he might seem to be compelled to receive it by the people, (being their King before in deed, though not in name: ) and for saying, That the Commonwealth was but a Voice or Name, without a Body or Substance. Nullum violentum est diuturnum, See Isa. 10, and 14. Job. 20. 4, 5, &c. Psal. 37 and 73. Psal. 92. 6, 7. Isa. 17, 13, 14. 2 Chron. 23. and Sir Walter Rawlies Preface to his History of the World, worthy serious perusal by the Grandees of these times.
8. That in conclusion such Conquering, Usurping Beasts, notwithstanding all their Power, Friends, Followers, Confederates, Armies, Policies, are usually conquered, taken, slain on Earth, and cast into the Lake burning with fire and brimstone forever, for their Tyrannies, Blasphemies, Bloodsheds Oppressions of the People and God's Saints, and their Confederates, Armies, false Prophets, followers, adorers destroyed with them even on earth; and then made to drink the Cup of God's wrath, fury and torments forever in hell, Isa. 10, and 14. Jer. 50. and 51. Rev. 19. 19. 20, 21. c. 6. 15, 16, 17.
9. That though they continue Conquerors and victorious for many years; and conquer not only, one, two or three, but many Kings and Kingdoms; cut off not only the thumbs of their Kings, that they might not lift up a Sword against them, and their great toes, that they may not run from them, but their Heads too; Yet God at last (in his retaliating Justice) doth usually pay them home in their own coin, as is evident, not only by Bajazet the Turkish Emperor, our King Penda, (who slew no less than 5. Christian Kings in several battles, took sundry other Kings prisoners, and at last was slain himself, with all his old victorious Captains and Soldiers, by King Oswi, and a small despicable Army of raw Soldiers, not half so many as they, Ann. 655. who thereupon seized on his Kingdom) and others in profane Stories; but by that memorable History of Adonibezeck; who after his Conquest of no less than seventy Kings, (whoever in this latter age, conquered one quarter so many?) and tyrannizing over their persons, was, by a small party of Judah and Simeon, fought with on his own dung-hill, his victorious old Army totally routed, ten thousand of them slain, himself forced to fly, pursued, and taken prisoner by these contemptible Enemies, who cut off his thumbs and his great toes. Whereupon Adoni-bezek (though an idolatrous Canaanite ) used these memorable words, worthy all Conquerors and Tyrants memorial; recorded by God himself to all Posterity, Judges 1. 7. Threescore and ten Kings having their thumbs, and their great toes cut off, have gathered their meat under my table (like so many Dogs rather than Kings) AS I HAVE DONE, SO GOD HATH REWARDED ME: and they brought him (Prisoner) to Jerusalem, and there he died. See the like retaliation threatened, inflicted. Hab. 2. 6, 7, 8. Isa. 33. 1. Dan. 7. 23. to 27. Obad. 15. Ezech. 35. 5, 6, 15. Rev. 16. 5. 6. Ier. 51, and 52. Nah. 3. 1. &c. Rev. 13. 10. Joel 3. 6, 7, 8. Deut. 32. 43. Isa. 10. & 14. 2 Chron. 22. 10. compared with c. 23. 12. to the end.
10. That the Elect Saints of God, do by faith in the Word of God, and upon consideration of the usual Providence and Justice of God towards such Beasts and bloody Conquerors, most assuredly see their downfall, and with patience expect it, Rev. 13. 9, 10. If any man have an ear let him hear. HE THAT LEADETH INTO CAPTIVITY, SHALL GO INTO CAPTIVITY; HE THAT KILLETH WITH THE SWORD, MVST BE KILLED WITH THE SWORD: Here is THE PATIENCE AND THE FAITH OF THE SAINTS. O that we had this Patience and Faith within us now!
11. That upon this Faith and Assurance, the true Elect Saints of God, neither will, nor do, nor dare to admire after, follow, worship or adore such B • asts, or their Image, nor receive their marks in their hands, or foreheads, though all the world else readily do it without opposition; enduring patiently rather to be warred upon, killed, secluded from buying or selling anything, then unchristianly to adore, subject, or enslave themselves unto them, Rev. 13. 2, 15, 17. Esther 3 • 1, to 7. 2 Kings 3. 13, 14. John 10. 4, 5. Dan. 3. 4. to 30. 1 King. 19. 18. 2 Chron. 11. 13. to 18.
Which serious seasonable considerations, as they should daunt the hearts and allay the high Presumptuous Spirits of the most Successfull Conquerors, Powerful Usurpers over and violent Invaders of the Liberties, Lives, Estates, Rights, Properties of their Lawfull Superio • s or Christian Brethren, and all Subverters of the Laws, Privileges, Parliaments, Government of their Native Country, especially against their Oaths and Trusts: So the Meditation on them, together with the contemplation of the infinite Power, Wisdom, Faithfulness, Justice, Holiness, Presence, and gracious Promises of God, have at all times and seasons hitherto, invincibly animated, steeled, fortified my Soul in the midst of all my sufferings, both under the domineering Prelates, Parliament-assaulting Army-Officers, the late Tyrannical cashiered Republicans, and all other self-created oppressing Powers, which (if not already dead and buried in the dust, with all their thoughts and high aspiring Projects,) yet shall certainly die ere long like men, and become us dung; yea, they have enabled me by Faith and Patience to be more than a conquering triumpher over them: and to sing aloud with magnanimous David (a man after God's own heart ) long before their down-fall, Psal. 27. 1, 2, 3. The Lord is my Light and my Salvation, wh • m shall I fear? The Lord is the strength of my life, of whom shall I be afraid? When the wicked even mine enemies and my foes came upon me to eat up my flesh, they stumbled and fell. Though an Host should encamp against me (as they did at Westminster, at my House, and in sundry Garrisons, where I was a Prisoner under Soldiers) my heart shall not fear: though war should rise against me, in this I will be confident. I will not be afraid of ten thousands of people that have set themselves against me round about. And to cry out in Paul's words of defiance against all Enemies and Perils in the cause of my God and Country (uttered in his own and all true Elected Saints names) Rom. 8. 35, &c. Who shall separate us from the love of Christ? (or our Native Country, as well actively as passively considered;) Shall tribulation? or distress? or persecution? or famine? or peril? or SWORD? (of an whole Army, or other Powers) Nay, in all these things we are more than Conquerors through him that loved us. For I am persuaded, that neither death, nor life, nor Angels, nor PRINCIPALITIES, NOR POWERS, nor things present, nor things to come, nor height, nor depth, nor any other creature, shall be able to separate us from the love of God, which is in Christ Jesus our Lord. And to say with him in all threatened Dangers for my sincere conscientious public Services, Act. 20. 22. 24. And now I go bound to Jerusalem, not knowing the things that shall there befall me, save, that the Holy Ghost witnesseth in every City, saying; That Bonds and Afflictions wait for me. But none of these things move me, neither count I my life dear unto me, so • s I may finish my course with joy, and the Ministry which I have received of the Lord Jesus, &c. And verily me thinks the serious contemplation thereof, and of all the premises, with that of 2 Sam. 10. 12. Isa: 51. 12. 13. Ier. 1. 8. Ezech. 2▪ 2, to 6. Matth. 10. 26. 28 coupled with Psal. 11. 2. If the foundati • ns be destroyed, what can the righteous do? Prov. 24. 22, 23. My Son, fear thou the Lord and the King, AND MEDDLE NOT WITH THOSE WHO ARE GIVEN TO CHANGE; For their calamity shall rise suddenly (which we have seen verified in many late Changers, Mock Parliaments, and self created new Powers,) and wh • knoweth the ruin of them both? should now at last banish all base carnal fears out of all timorous hearts, rouse up the languishing, fearful, dead, stupid Spirits of our degenerated English Nation, and engage them all unanimously, undauntedly to claim, vindicate, regain, re-establish those ancient undoubted Hereditary Fundamental Rights, • iberties, Privileges, Franchises, Laws, Government, (purchased with their Ancestors & their own dearest Blood, sweat, Treasures ) which belong to the whole Kingdom; to all true English Parliaments, Freemen in general, and to every of them in particular; whereof they have of late years been forcibly disseised, or • ypocritically cheated by pretended Patrons, Preservers, and Propuguers of them; the substance whereof I have here set before their eyes in ten brief Propositions, and by Records, Statutes, Presidents, Histories, Contests, Resolutions in all ages, undauntedly, (as their Common Advocate ) asserted, fortified to my power, for their Encouragement and president in this public work. And if they will now but courageously second me herein, with their join • , bold, rightful Claims, Votes, Declarations, and Resolut • Demands of all and every of their enjoyments, and future inviolable Establishments; with strenuous Oppositions of all illegal perpetual Imposts, Excises, Contributions, Payments (the chief nerves and cords to keep them still in bondage by Mercinary Forces, supported only by them to keep them still in slavery) according to their Oaths, Vows, Protestations, Duties, manifold late Declarations, Remonstrances, Solemn League, Covenant, and the encouraging memorable Presidents of their Ancestors in former ages here, recorded; I dare assure them (by God's blessing) a desired good-Success, whereof their Ancestors never failed: no mortal Powers nor Armies whatsoever, having either Impudency or Ability enough to deny, detain them from them, if they will but generally, unanimously, courageously, importunately claim and demand them as their Birth-rights. But if they will still basely disown, betray, and cowardly desert both them and their Assertors, and leave them to a single combat with their combined Jesuitical enemies (whom none take care to discover, suppress or banish out of our Realms, where they now swarm more than ever) and Armed Invaders; the Fate of our old English Britons, when they improvidently neglected to unite their Counsels, Forces against, and fought only singly with the invading united Armies of the Romans, is like to be England's condition now; Dum pugnant singuli, vincunntur universi: the single Champions of our Liberties, Laws, Rights, will be easily over-powered, destroyed, for the present; and all others (by their unworthy Treachery and Baseness, in not adhering to, but abandoning their present Patrons) discouraged, disabled to propugne, regain them for the future: and the whole Kingdom vanquished, yea enslaved for eternity in all human probability, to those who have broken your former yokes of wood, but instead thereof have made for, and put upon you yokes of Iron: and by the Jesuits Machiavilian Plots and Policies, will reduce you by degrees under a mere Papal yoke at last, having deeply leavened many in power and arms, with their forementioned most desperate Jesuitical Positions, Practises and Politicks, which will soon usher in the whole body of Popery, and all damnable Heresies whatsoever, by degrees, to the ruin of our Religion, as well as Laws and Liberties.
Wherefore, seeing it neither is, nor can be reputed Treason, Felony, Sedition, Faction, nor any Crime at all, but a commendable bounden Duty, to which our Protestations, Oaths, Leagues, Covenants, Reason, Law, Conscience, our own private and the public Interest, Safety of the Nation engage us, for all and every Freeborn Englishman, jointly and severally to claim, maintain, preserve, by all just, honorable, public and private ways they may, their unquestionable Hereditary Birth-rights, Laws, Liberties, Parliamentary Privileges, &c. here asserted and presented to them, after so much Blood, Treasure, Labor spent to rescue them out of the hands of old and late oppressing Tyrants; nor any Offence at all, but a praise-worthy service now in me, or any other, publicly to encourage them to this duty, (and the strenuous defense of our endangered undermined Protestant Religion, subverted with our Laws & Liberties, and living or dying together with them ) at this present season, as I have done heretofore upon all occasions; And seeing none can justly censure them or me, for discharging our Oaths, Consciences, Covenants, Protestations, Duties in this kind, but such as shall thereby declare themselves Public Enemies and Trayters to the whole Nation, Laws, Government, Parliaments of England, as the Resolutions, Presidents, herein cited, yea their own best friends, (and our Reformed Religion too) have already adjudged them: And seeing Sir Thomas Fairfax and the General Council of his Army, held at Putney Sept. 9. 1647. in their Declararation, concerning THE FVNDAMENTAL AVTHORITY & GOVERNMENT OF THE KINGDON; printed by their appointment, in these words: Whereas a Member of the General Council of this ARMY, hath publicly declared and expressed himself, THAT THERE IS NO VISIBLE AUTHORITY IN THE KINGDOM, BVT THE POWER & FORCE OF THE SWORD, (as others of them say since, and now both by words and deeds, without control.) We therefore the said GENERAL COUNCEL (to testify. How FARRE OUR HEARTS & MINDS ARE FROM ANY DESIGN OF SETTING UP THE POWER OF THE SWORD ABOVE OR AGAINST THE FUNDAMENTAL AUTHORITY & GOVERNMENT OF THE KINGDOM & OUR READINESSE TO MAINTAIN AND UPHOLD THE SAID AUTHORITY:) have by a Free Vo • e (in the said Council, no man contradicting) judged the said Member, TO BE EXPELLED THE SAID COUNCEL. Which we hereby thought fit to publish, as A CLEAR MANIFESTATION OF OUR DISLIKE & DISAVOWING SVCH PRINCIPLES OR PRACTISES, (which notwithstanding they have since avowed pursued in the highest degree; and I desire them now to repent of▪ reform, and really make good) have engaged to maintain and propugne with their Swords, what I here endeavor to defend, support, with my Pen. And seeing they entitled their Printed Papers, A Declaration of the Engagements, Remonstrances, Representations, Proposals, Desires, and Resolutions, from his Excellency Sir Tho: Fairfax, and THE GENERAL COVNCEL OF THE ARMY, for settling OF HIS MAJESTY IN HIS JVST RIGHTS, The PARLIAMENT in their JVST PRIVILEGES, and the SVBJECTS in their LIBERTIES & FREEDOMS. Also Representations of THE GRIEVANCES OF THE KINGDOM, & REMEDIES PROPOVNDED, for REMOVING THE PRESENT PRESSVRES WHEREBY THE SVBJECTS ARE BVRDENED (and EXCISES, TAXES amongst the rest) And the Resolutions of the Army, For the establishment of a firm & lasting peace IN CHURCH & KINGDOM, printed by their own, and the Lord's House special Or • er, London 1647: the self-same things I here contend, plead for, (which I wish they would now really make good by their future consultations and actions to avoid the just censures of mere Hypocrites and Impostors, as the whole World will else repute them.) I shall therefore exhort not only the whole Army, Army-Officers, and their General Council; but likewise the whole English Nation, and all real Lovers of their own or their Countries Liberties, Peace, Laws, Ease, Safety, Religion, and future establishment in this common Cause, in the words of the Philistines one to another in a time of need, when they were greatly afraid, 1 Sam. 4. 9. Be strong and quit yourselves like men, O ye Philistines, that ye be not servante to the Hebrews, as they have been to you • quit yourselves like men, fight, &c. That so (as the Apostle writes in the like case, Phil. 1. 27, 28.) Whether I come and see you, or be absent from you▪ I may hear of your affairs, that ye stand fast in one spirit, with one mind, striving together for the faith of the Gospel; (and the ancient Fundamental Laws, Liberties, Rights, Privileges, Parliaments, Government and Religion of our Realm, which the Jesuits and their Instruments make their Master-piece totally to undermine and subvert) And in nothing terrified by your Adversaries, which is to them an evident token of Perdition, but to you of Salvation, and that of God. If the Presidents of your renowned Ancesters here recorded; the Paterns of many gallant Pagan Romans, Grecians, who have spent their Lives, for their Countries, Laws, Liberties; Or if my example and these my Lucubrations shall provoke you hereunto; I shall think my labor well bestowed; and you and your Posterities worthy to live like English-Freemen. But if you will now neither manfully demand, speak, nor contend for them anymore, out of a slavish fear of a prevailing Army raised only for their just defense, or any other human Powers whatsoever; nor once adventure with united Spirits now at last, so much as confidently, boldly to ask these your unquestionable Birthrights at the Thrones of any mortal Grandees, your Fellow-Subjects, when God Almighty himself commands you, to come with boldness to his coelestial Throne of Grace, that you may obtain (not mere right as here, but) Mercy itself, and Grace to help in time of need, Heb. 4. 16. Qui timide rogat, docet negare; you can neither hope for, nor ever obtain them for the future, but deserve eternally to forfeit them, and you and yours to be made slaves forever: However I (though these Collections prove successless) shall carry this as a comfortable Cordial with me to my grave, That I have faithfully discharged my Conscience and bounden Duty to my degenerous Native Country, by endeavoring all I could both to make and preserve it free indeed; to detect and prevent all Jesuitical Plots and Practises, to undermine, imbroyl, divide, subvert, ruin it; and used my utmost sincerest constant endeavors in my place and calling herein. But if through the Malice, Tyranny or Injustice of any prevailing Enemies of public Freedom, or Jesuitical Agents, I shall chance to suffer for it in any kind, (as I have formerly done for most of my public services of this nature) be it close-imprisonments, Fines, Pillories, Stigmatizings or Death itself; I shall only say beforehand, as Gregory the Great did heretofore: Indict. 2. Epist. 78. In causa qua Deo place • e cupio, homines non formido: and as noble Heroic Esther did, in a like public case for her endangered captivated Nation, If I perish, I perish: and this my unrighteous suffering, shall be a new Glorious permissive, ordering, over-ruling Providence, doth no ways justify nor extenuate the guilt of any Traitors, Rebels, Murderers, Conspirators sins▪ Treasons, Rebellions, Murders, Regicides, Conspiracies, Rapines, Oppressions, or Wicked Devices, which he permits them to plot, act, accomplish; so it doth in no wise exempt them in God's or Men's esteem from being the true Original Plotters, Contrivers, and immediate instrumental Actors of them; nor from the divine or human Punishments which they in justice demerit; as is most evident by Gen. 50. 15. to 21. Psal. 37. 7. 9. Prov. 24. 10, 21, 22. Job 20. 5, 6, &c. 1 Kings 12. 12. to 25. c. 15. 23. to 30. c. 16. 1. to 30. specially ver. 7, 8. 2 Kings 11. 1. to 17. c. 14. 5, 6. c. 15. 8. to 32. c. 17. 21, 22. 1 Sam. 8. 2 Sam. 1. 2. to 17. c. 4. throughout. Hos. 1. 4. c. 8. 4, 5. Isaiah 29. 15, 16 c. 10. 5, 6, 7, &c. Acts 1. 16. to 21. c. 2. 23. 1 Thess. 2. 14, 15, 16. Mat. 27▪ 3, 4, 5. compared together. And if we should look upon all our late Changes, Revolutions in our Kingdoms, Government, Church, Parliaments, Religion, Laws, (wrought by the Jesuits and their Instruments ) as the mere wonderful immediate Productions and Glorious Operations of God himself in the world, and upon the instruments employed in them, only as God's own precious chosen Saints and Servants, accomplishing nothing but his own determinate Will, Providence, Council, (though to satisfy their own ambition, covetousness, malice, rapine, blood-thirstiness, lusts) as many now proclaim them, and not as Conspirators, Treacherous, Perfidious, Pernicious Malefactors in the highest degree, as well as Jack Cade, Wat Tyler, Strafford, Canterbury, or the murderers of our Savior, Joash, Ishbosheth, with other Kings heretofore, and of Henry the 3. and 4. of France, of late; there should then be no Traitors, Conspirators, Murderers, Sinners, Treasons, Conspiracies, Murders, Sins, in the world (being all perpetrated by God's permissive Providence) no Law, nor Hell to punish them: and it would be no less than a direct resisting, fighting against God and his Providence, for any Christians, Kingdoms, Kings, or Loyal Subjects, to pray against, resist, oppose the Treasons, Murders, Conspiracies, Usurpations, Rebellions, Innovations, Plots, of any Jesuits or Romish Emissaries, or their under-Agents, against our Kings, Kingdoms, Governors, Parliaments, Laws, Liberties, Government and Religion; which would be professed Blasphemy, or Frenzy at least, for any man to affirm.
2. That this Jesuit Parsons▪ in his • o • ks of the Reformation of all the States of England, as he prescribed Reformations to the Prince, Court, Counselors, Noblemen, Bishops, Prelates, Pastors, Universities, Lawyers, Laws, in which he will have STRANGE METAMORPHOSES; so likewise, THE COVRT OF PARLIAMENT HE WILL HAVE BROVGHT TO BETTER FORM, as W. W. (a secular Priest) in A Dialogue between a Secular Priest and a Lay-Gentleman, printed at Reims, An. 1601. p. 95. Watson in his Quadlibets, p. 92. to 96. 320. to 334. William Clark (a s • cular Priest in his Answer to Father Parsons L • bel, p. 75. &c. ) in direct terms attest. And may we not then justly suspect, that the late New-models and Reformations of our Kingdoms, Parliaments, Government, Laws, &c. (originally promoted by our Army Counsels, and Officers) proceeded primarily from the Jesuits Projections & Plots against them, if the Statutes of 23 Eliz. c. 1. 27 Eliz. c. 2. 35 Eliz. c. 2, 3. Iac. c. 1, 2, 4, 5, 7. 7 Iac. c. 6. and the manifold Declarations of both Houses of Parliament, Exact Collection, p. 491, 492, 497, 498, 616. 631, 666, 698, 813, to 828. may be judges?
3. That the Jesuits drift directly is (immediately by means of CONQUEST intended for England ) to bring it and all Christendom into an uproar, FOR COMMON SOVLDIERS TO EXAMINE THEIR SOVERAIGNS, WHAT TITLE THEY HOLD BY; that thereupon themselves by craft, money and multitudes gathered together through their Policy, may bring England, ( and then ) Spain, and all the rest under their subjection and Monarchy: And that principally by this Jesuitical Position; That every Precopie or Tartarian multitude, getting once the style and title of a PUBLICK STATE, or HELVETIAN COMMONWEALTH, may alter, change and innovate the course of inheritances and succession TO CROWNS AND KINGDOMS, and also to every private Persons heritage holden in Fee-s • mple: as William Watson assures us in these very terms. And whether the Jesuits have not instructed our Army Officers and Common Soldiers upon this pretext, and for this very end, to examine their Sovereigns, yea, our Parliaments Titles, Privileges, and Powers too of late, and dispose of, reject, suppress them at their pleasure; let themselves, the whole Nation, with all in present power, in the fear of God, most seriously consider, without passion or affection, before it be over-late.
4. That the Oaths of Supremacy and Allegiance ( which all Members of Parliament ought by Law to take, before they can sit, or vote as Members) specially made and prescribed by our most wise, zealous Protestant Parliaments, to prevent the Treasonable plots and designs of Popes, Jesuits, and Papists, against our Protestant Princes, Realms, Parliaments, Religion, though confirmed by many Statutes, and containing in them, only the Declaration of such a Duty, as every true and well-affected Subject, not only by the bond of Allegiance, but also by the COMMANDMENT OF GOD, ought to bear to the King, his Heirs and Successors; and none but persons infected with Popish Superstition formerly oppugned, ( as the Prologue of the Statute of 7 Iacobi c. 6. positively resolves) have by late State innovators, not only been discontinued, suspended, but declaimed against and repealed (as much as in them lay) as VNLAWFUL OATHS; the old Laws against Jesuits and Popish Seminaries, discontinued, abrogated, or coldly executed. The New Oath for abjuration of Popery, with all Bills against Jesuits and Papists, presented to the late King by both Houses the last Parliament, and by him consented to in the Isle of Wight, wholly laid aside, and quite buried in oblivion. The Solemn Protestation, League and Covenant, prescribed by the last Parliaments taken by all the well-affected in all the 3 Kingdoms (to prevent the dangerous plots of Papists, Jesuits, and our common enemies to destroy our Religion, Churches, Realms, Government, Parliaments, Laws, Liberties) quite antiquated, dec • ied, detested, and a New Engagement forcibly imposed under highest penalties and disabilities upon all men, diametrically contrary to these Oaths, Protestations and Covenants, which have been (by a new kind of Papal power ) publicly dispensed with, and the people absolved from them, to become sworn Homages to other new self-created Lord's and Masters. And are not all these, with the late Proclaimed Universal Toleration and Protection of all Religions, to considerate zealous Protestants, strong Arguments of the Jesuits Predominancy in our late counsels, transactions, and changes of public Government?
5. That the Notion of THE PRESENT GOVERNMENT, (in my weak apprehension) derived its original from the Jesuits late-invented PRESENT CHURCH, the only Supreme Power and Judge of Controversies, which all men must submit unto, by a mere absolute blind Obedience, and implicit faith, without dispute by their determination: as they must do, by a like Jesuitical blind obedience ( newly taught and obtruded on us) to that present Republican Government, and new Optimacity, and Popularity, lately set up instead of our Monarchy. Which two forms of Government, and want of a King and Monarchy, as they are the punishment of a people's Sins, and the Transgressions of a Land by God's own resolution, not a Mercy. Hosea 10. 3. c. 1. 4. Ier. 18. 7. Prov. 28. 2. Ez • . 19. 14. Lam. 4. 20. c. 5, 7, 8, 12. so they were the inventions of Factious Grecians at first, w • ch put all their Cities into Combustions, fury, frenzy, and civil wars against each other, to their utter overthrow in conclusion: witness these verses of Heniochus, a Greek Comedian:
Tum geminae ad illas accesserunt Mulieres (TITAS QUAE CUNCTA CONTURBARUNT: OPTIMAEst nomen alteri: alteri POPULARITAS; (RUNT. Quarum incitatis PRIDEM EXTERNATAE FU •
So the Jesuits, Parsons, Campanella, Car. Richelieu, designed to introduce & set them up among so us in Engl. Scotl. and Ireland, of purpose to divide • destroy us by civil wars and combustions, and bring us under their Jesuitical power at last, as the marginal Authorities declare to all the world. And if this be undeniable to all having any sense of Religion, Peace or public Safety left within their breasts, is it not more than high time for us to awake out of our former lethargy, & fordid, selfish stupidity, to prevent our ruin, by these and other forementioned Jesuitical practices? Of can any Englishman, or real Parl. be justly offended with me for this impartial discovery of them? Or for my endeavors to put all the dislocated Members and broken bones of our old inverted fundamental body Politick, into their due places, joints and postures again, without which there is no more possibility of reducing it to its, pr • stine health, ease, settlement, tranquility, prosperity, or of preserving it from perpetual pain, inquietation, consumption and approaching death, than of a natural body whose principal members continue dis-jointed, and bones broken all in pieces, as all prudent State-Physicians must acknowledge.
These five Considerations, together with the Premises; will I presume sufficiently wipe off all the malicious scandalous Imputations, which Militiere and other Papists, have injuriously cast upon the Principles and chief Professors of our Reformed Religion, in relation to the late exorbitant Proceedings against the King, Parliament, the public Revolutions, Confusions, Ataxies both in our Church & Kingdoms; and retort them on the Jesuitical, Papal, seditious, Treasonable, Antimonarchical Principles and Professors of their Religion, especially the Jesuits and French Cardinals (Militiere his late Lord's and Masters) the original Contrivers, and chief clandestine Promoters of them, as every day more and more discovers to the world. And withal abundantly justify this my undertaking & impartial discovery of Jesuitical plots to ruin our Church, Religion, Kingdoms, Parliaments, Laws, Liberties, Government, against all malicious Enemies, Accusers Maligners whatsoever, before all the Tribunals of God or Men, where I shall be ready to justify them upon all occasions. In perpetual testimony whereof, I have hereunto set my Hand, and by God's Grace shall ever be ready to seal them and the truth of God with my blood, if called out to do it.
Swainswick, Aug. 12. 1654.
William Prynne.
A Seasonable Legal and Historical VINDICATION and Chronologicall Collection of the good Old Fundamental Liberties, Franchise • , Rights, Laws of all English Freem • n; (their best Inheritance, Birth-right, Security, against all Arbitrary Tyranny, Egyptian Slavery and Burdens) of late years most dangerously undermined, oppugned, and almost totally subverted, under the specious feigned Disguise of their Defense, Enlargement, and future Establishment upon a sure Basis.
IT is an universal received Principle, and experimental truth, beyond all contradiction, That no natural structure, no artificial building, no Civil or Ecclesiastical Corporation, Realm, Republic, Government, or Society of men; no Art or Science whatsoever, can possibly be erected, supported, established, preserved or continued in their being or well-being, without FOVNDATIONS; Whereon, as they were at first erected, so they must necessarily still depend, or else they will presently fall to utter ruin.
Hence it is (to wave all Human Authorities in so clear a verity) that in God's own sacred unerring word of Truth, we find frequent mention of the natural Foundations of the the vast natural Fabric of the Earth, Heavens and world itself; of the Artificial, Material Foundations of the Material Temple, Walls, City of God's own most famous Jerusalem; and of private Houses: of the spiritual Foundations of the Spiritual Temple, City, Jerusalem, and whole Church of God; even Jesus Christ himself: of Doctrinal Foundations, and first Principles of Religion; Christianity, Salvation: yea, of the Political Foundations of Kingdoms, Republics, Churches, Governments, States: Which being once shaken, undermined, subverted, razed, or d • stroyed, bring unavoidable ruin and desolation upon them, ( Psal. 11. 3. Psal. 82. 5. Jer. 50. 15. & 51. 25, 26. Micah 1. 6, 7, 9.) Even as we daily see Castles, Walls, Houses to fall instantly to the ground, and become an heap of Confusion, when their Foundations are blown up, decayed, or demolished.
Upon which consideration, those public Laws, which establish, fence, fortify, support the Fundamental Constitutions, Rights, Liberties, Privileges of any Nation, Kingdom, Republic, (essential to their being and subsistence, as a free or happy people, against the Invasions, underminings, enchroachments of any Tyrants, Usurpers, Oppressors, or public enemies, are usually styled Fundamental Laws; and have ever been reputed so sacred, inviolable, immutable, in all ages, upon any pretences of necessity, or public safety, that most Nations, and our own English Ancestors above others, have freely chosen to hazard, yea, lose their estates, lives, in their just defense, against such exorbitant tyrannical Kings, and other Powers, who by force or policy have endeavored to violate, alter, or subvert them; rather than out of a Cowardice, Sottishnesse, Carelesnesse, or want of cordial love to the Public, to suffer the least infringment, repeal, or alteration of them to the inthrawling of themselves or their posterities to the arbitrary wills of such domineering Tyrants and Usurping Powers.
Now because, after all our Old and New (many years) bloody, costly, dangerous Contests and Wars, for the maintenance of our good Old Fundamental Liberties, Laws, • ights, Privileges, 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-Heretics, sprung up amongst us; who are grown so desperately impudent, as not only to write, but publicly to assert in print, in Books printed by AUTHORITY, (even in Capitals, in every Title page) That the Freemen and People of England have no such unalterable Fundamental Laws and Liberties left them by their forefathers (as our 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 2. with other Kings and Princes; and our late Parliament • 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 Pears, are Fundamental or unalterable; but that the State Physicians (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, have now attained to such a super-transcendent Authority, that they may (as they assert) lay aside all Parliaments & Parliamentary ways, & appoint something else, as more seasonable and proper to us, and as Providence makes way for it, if they see it more conducing to the safety and good of the Commonwealth (that is, to their own private Interests, Honors; Profits, Securities, Designes, Oppressions, Rapines, gilded over with this specious pretext) And then peremptorily conclude, That to plead for these and other fundamental laws and liberties, as unalterable, (though the only Bulwarks & Badges of our Freedom) is nothing else, but to enslave the Nation: for by such a Principle, people do not only lose their Liberty, but are brought under such a 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 only to reduce, and perpetually enthrall us under such an absolute AEGYPTIAN BONDAGE and Tyranny, without any hope of future deliverance from it, which some now endeavor to entaile on us and our posterities forever, by an Iron law, and Yoke of Steel, instead of restoring to us that glorious Freedom, which we have so long expected from them in vain.
And because I find the generality of the Nobility, Gentry, Clergy, Commonalty of our Nation, after all their late years expensive bloody wars, and Parliamentary Disputes, for the defense and preservation of these our ancient Hereditary Fundamental Charters, Laws, Liberties, Privileges, so strangely degenerated both from themselves, and their Heroic prudent Ancestors, as that they are more readily inclined, upon every occasion, out of a base, unchristian, unmanly, un-english fear, or sottish cowardice and stupidity, wittingly to desert, betray, surrender them all up into the hands of any invading Us • rpers, without the least Public Claim, Dissertation, Defense, Dspute; then diligently or courageously to contend or suffer for them, of late they did: So as that which Paul once taxed in the • lavish besotted Corinthians, 2 Epist. 11. 20. may be most truly averred of our degenerated, infatuated English Nation: Ye suffer if a man bring you into bondage, if a man de •• ur you, if a man take of you, if a man ex • lt himself (above your Laws, Liberties, Franchises, Parliaments, Kings, Nobles, Properties, Lives, Consciences, and all that is called God, or warshipped) if a man smite you on the face; notwithstanding all their manifold late Protestations, Vows, Covenants, Remonstrances, Declaration • and Public Engagements to the contrary. And withal, after diligent enquiry, discovering scarce one man of Eminency or Power in the Nation, nor so much as one of my degenerated temporizing Profession of the Law, (even when the whole body of our laws, and all its Professors, are violently assault • d, and devoted unto sudden ruin, by many lawless spirits ) who hath so much courage, magnanimity, honesty, zeal, or cordial love to his Native Country, remaining in his breast, as manfully to appear in public, for the strenuous necessary defense of these our Hereditary, fundamental laws, liberties, rights, franchises, (though their own, and every other English Freemans best inheritance and security ) for fear of being persecuted, imprisoned, close imprisoned, exiled, condemned, destroyed, as a Traitor, Rebell, Seditious person, enemy to the Public, 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 ingrate unworthy Nation (who are now ashamed, afraid, for the most part, to own, visit, or be seen in the company of those Gallant men, much less to assist, defend, and stick close unto them in their dangers, according to the sixth Article of their late Solemn League and Covenant, who have suffered, acted, and stood up most for their Common Liberties, Rights, Freedoms, Religion, against all invading Tyrant • , to their great discouragement and betraying:) not pitch upon any Subject more proper for me, either as a common Lawyer, or as a constant Advocate and Sufferer for the public Cause, and Liberties of the Nation, as well under our late extravagant Free State, as former Regal and Episcopal arbitrary Tyranny, than in this juncture of our public affairs, to present our whole distracted unsettled Kingdom, with A Legal and Historical Vindication, and Chronological Collection, in all ages, of these Ancient, Hereditary liberties, Franchises, Rights, and all those National, Parliamentall, legal and Martial Contests, Laws, Charters, Records, Monuments of former and late times, for their Confirmation and inviolable observation, which our Ancestors and ourselves have always hitherto reputed Fundamental, unalterable and inviolable, upon any pretext, and have most eagerly contended for, with the Prodigal expense of many millions of treasure, and whole Oceans of gallant Christian English blood.
And if upon the serious perusal of them, the universality of our degenerated Nation, after their many solemn Protestations, Vows, Leagues, Covenants, Remonstrances, inviolably to defend and maintain them, shall still so undervalue them now at last, (as most actually have done) as
But if upon saddest deliberation, they shall really estimate them to be such incompatable, rich, precious Jewels, and ancient Inheritances, as are every way worth the infinite Treasures, Wars, Blood, Cares, Consultations, Troubles, heretofore and of late years expended, both to gain, retain, confirm, and perpetuate them, to them and their Posterities forever, as their principal earthly security, and beatitude; I hope they will all then unanimously conclude with the Poet,
Non minor est virtus quàm quaerere, PARTA TVERI: And both by their Votes and Actions, return the self-same peremptory magnanimous answer to any Caesar, Conqueror, Potentate, power, or Combination of men, whatsoever, (who shall endeavor by force, fraud, or flattery to compel or persuade them, to sell, resign, betray, or give up these their Ancestrall Privileges, Inheritances, Birthrights to them) as Naboth once did to King Ahab, 1 Kings 21. 3. The Lord forbid it us, that we should give (sell or betray) the INHERITANCE OF OUR FATHERS (and our Posterities likewise) unto thee, or you; though they should suffer for this Answer and Refusall, as much as Naboth did from bloody Ahab and Jezebel.
But whatever low price or estimate this spurious, stupid, sordid, slavish age may set upon these richest Pearls; yet for my own particular, upon serious consideration of these Chronological Collections, and the Solemn Oaths, Protestations, Vows, League and Covenant, obliging me to defend them to the uttermost; I value the whole Nations public, and my own (with my cordial friends ) private interest in them, at so high a rate, that I would rather cheerfully part with ten thousand lives, and all the treasures of the Nation, Indies, were I owner of them, then wittingly, negligently, or unworthily sell, betray, or resign them up to any mortals or powers whatsoever, upon any pretences or Conditions, after all my former Publications, Contests, Sufferings, Losses, &c. for their just defense.
And 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 ensuing Vindication and Collection of the old Fundamental liberties, franchises, laws of all English freemen, which I shall bequeath to my most beloved Native Country, in general, and every real Heroic Patron of them in particular, as the best Legacy I can leave behind me, both for their present and future Enfranchisment, Immunity, security, from all Arbitrary Tyranny, Slavery and yokes of Bondage, under which they have a long time languished, and lamented in the bitterness of their spirits.
The Method I resolve herein to pursue, is this:
1. I shall produce some punctual Authorities of moment, to evidence, That the Kingdom and Freemen of England, have some ancient Hereditary just Rights, Liberties, Privileges, Franchises, Laws and Customs, properly called FVNDAMENTAL; and likewise a Fundamental Government, no ways to be altered, undermined, subverted directly or indirectly, to the public prejudice, under pain of highest Treason in those, who shall attempt it, especially by fraud, force, or armed power.
2. I shall, in brief Propositions, present you with the chiefest and most considerable of them, which our Ancestors in former ages, and our latest real Parliaments have resolved to be, and eargerly contended for, as FUNDAMENTAL, essential to their being and well-being, as a Free People, Kingdom, Republic, unwilling to be enslaved under any Yokes of Tyranny, any arbitrary, 〈◊〉 positions or Powers whatsoever, Then give you a brief touch of their several late unparalelld violations, both by the Edicts and Actions of usurping Powers.
3. I shall in a Chronological way, tender you a large Historical Catalogue of National Parliamental, civil and military▪ Contests, Votes, Declarations, • emonstrances, Oaths, Vows, Protestations, Covenants, Engagements, Excommunications, Confirmations, Evidences, Statutes, Charters, Writs, Records, Judgments and Authorities in all ages, undeniably evidencing, declaring, vindicating, establishing, perpetuating these Fundamental Hereditary Rights, Liberties, Privileges, 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 excellency, indifferency, and leg • lity of trying all Malefactors whatsoever, by Juries of their • eers, upon legal Processe and Indictments; and manifest the illegallity, injustice, partiality, dangerous consequences, of admitting or introducing any other form of Trials, by New. Arbitrary Martial Commissions, or Courts of High Justice, (or rather injustice ) inconsistent with, and destructive to the Fundamental Rights, Liberties, Privileges, Laws, Franchises of the English Nation, and of most dangerous President to Posterity; being set up by the greatest pretenders to public Liberty, Law, and the • heifest inveighers against Arbitrary Regal Tyranny and Power, which never publicly established such arbitrary illegal Trials and new Butcheries of Christian English Freemen, by any law, and may fall to imitate them in future Ages, by their example. Each of these I intend to prosecute in distinct Chapters in their order.
CHAP. 1.
1. For the first of these: That the Kingdom and Freemen of England, have some ancient Hereditary Rights, Liberties, Privileges, Franchises, Laws and Customs, properly called FUNDAMENTAL; and likewise a FUNDAMENTALL GOVERNMENT, no ways to be altered, undermined, subverted, directly or indirectly, under pain of High Treason in those who shall attempt it; especially by fraud, force, or armed power.
I Shall confirm the first part of it, by these ensuing punctual Authorities of moment, against those traitorous late published Pamphlets, which professedly deny it, and endeavor, 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 express words of the great Charters of the Liberties of England, granted by King John, Anno 1215. in the 16 year of his Reign; Regranted and confirmed by King Henry the third, in the 9 year of his Reign, and sundry times afterwards and by King Edward the first, in the 25 and 28 years of his reign: Wherein these three Kings successively, by their several grand Charters, under their great Seals, did grant, give, and confirm, to all the Nobility, 〈2 pages missing〉 is, and ever shall be, far from the thoughts and intents of all good Kings, Governors and Parliament, who bear a sincere care and affection to the Subjects of England, to alter or innovate them. 3. That by these ancient good Laws, Privileges and customs, not only the Kings Regal Authority, but the people's 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 Kingdom: Which I wish all Innovators and New Modellers of our Laws and Government 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 years, and no imaginary seigned speculation.
3. The third is, The Remon • trance of the whole House of Commons in Parliament, delivered in Writing to King James, in the Parliament of 7. Jacobi, Anno 1610. which begins thus:
To the Kings most Excellent Majesty.
Most Gracious Sovereign,
Whereas we your Majesty's most humble Subjects, the Commons assembled in Parliament, having received first by Message, and since by speech from your Majesty, a Command of restraint, from debating in Parliament your Majesty's Right of imposing upon your Subjects Goods exported out of, or imported into this Realm,
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 17. Caroli 1641.) Declare, resolve, vindicate and maintain, one principal, ancient, fundamental, general, undoubed right of the Liberty of Parliament, against the Kings intrenchment on it: Of which should they be but once fore closed, the Essence of the Liberty of Parliament is withal 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 entitled, The Government of the Common-wealth of England, Scotland, and Ireland, and the Dominions thereunto belonging; as it was publicly declared at Westminster the 16. day of December 1653, &c. do not as much, nay far more intrench upon the ancient Fundamental, General undoubted Rights and Liberty of Parliament, and parliamentary free debates, to the dissolution of the Essential liberty of all future Parliaments, as this Command of King James did, or as the Bishops late Canons, imposed on the Clergy in and by the Convocation, Anno 1640. ever did; and this clause in their, &c. Oath then made, (now imitated by others, who condemned it) I. A. B. do swear, that I will never give my consent to alter the Government of this Church, by Arch-bishops, Bishops, Deans and Arch-Deacons, &c. as it stands now established, and as by right it ought to stand. Which clause and Oath imposed only on the Clergy-men.
Resolved by the whole House of Commons and Peers too, in Parliament, without one dissenting voice, December 16. 1640. to be a most dangerous & illegal Oath, contrary to the Rights and Privileges of Parliament, and to the Fundamental Laws and Statutes of the Realu • , &c. and of dangerous consequence: the contriving whereof was objected to the late Archbishop of Caterbury, in his original Articles of High Treason, for which amongst other things he lost his head.
The fourth is the notable Petition of Grievances of the whole House of Commons in Parliament, presented to King James in the seventh year of his Reign, after their Vote against his Right, to levy Impositions on goods imported, or exported, without assent and grant of Parliament, in these ensuing words.
The Policy of this your Majesty's Kingdoms, appropriates unto the Kings of this Realm, with assent of Parliament, as well the Sovereign power of making Laws, as that of taxing or imposing upon the Subjects Goods or Merchandises, wherein they have justly such a property, as may not without their consent be altered or changed: this is the cause, that the people of this Kingdom, as they have ever shown themselves faithful and loving to their Kings, and ready to aid them in all just occasions, with voluntary contributions: so have they been ever careful to preserve their own Liberties and Rights, when anything hath been done to prejudice or impeach the same. And therefore when their Princes, either occasioned by war, or by their own bounty, or by any other necessity, have without consent of Parliament set on Impositions, either within the Land, 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 Laws of this Real, WHiCH ARE AS ANCIENT AS THE KINGDOME IT SELF, yet those famous Kings, for the better contentment and assurance of their loving Subjects, agreed, THAT THIS OLD FUNDAMENTAL RIGHT (observe the words ) should be further declared, and established by Acts of Parliament, wherein it is provided, That no such Charge shall ever be laid upon the People, without their common Consents, as may appear, by sundry Records of former times.
We therefore your Majesty's most humble Commons assembled in Parliament following the example of this worthy care of our Ancestors, and out of our Duty to those for whom we serve, finding that your Majesty, without advice of your Lord's and Commons, hath lately (in times of Peace ) Set both greater Impositions, and far more in number, than any your Noble Ancestors did ever in time of War, do with all humility present this most just and necessary Petition unto your Majesty, THAT ALL IMPOSITIONS SET WITHOUT ASSENT IN PARLIAMENT, MAY BE QUITE ABOLISHED AND TAKEN AWAY. And that your Majesty likewise, in imitation of your Royal Progenitors, will be pleased, that a Law in your time, and during this Session of Parliament, may be also made, to declare, That all Imposition of any kind, set, or to be set upon your people, their Goods or Merchandises, save only by common Consent in Parliament, are and shall b • Void; wherein your Majesty shall not only Give your Subjects great Satisfaction in point of their Right; but also bring exceeding joy and comfort to them, who now suffer partly through the abating of the price of Native Commodities, and partly through the raising of all Foreign, to the overthrow of Merchants, and shipping, the causing of general dearth, and decay of all wealth among your people; who will be thereby no less discouraged, than disabled to supply your Majesty when occasion shall require. In which memorable Petition, the whole House of Commons resolve in direct terms: 1. That the Subjects of England have old original Fundamental Rights (and more particularly) in the Property of their Goods, exempted from all Impositions whatsoever, in times of peace or war, without their common consent in Parliament; declared and established both by the ancient and common law of England and sundry Acts of Parliament, and records, of former times. 2. They declare, the constant vigilant care, zeal of our ancestors and former Parliaments in all ages, inviolably to maintain, defend, preserve the same, against all enchroachments, together with their own care, duty and vigilancy in this kind in that very Parliament. 3. They relate the readiness of our Kings to ratify these their Fundamental Rights by new Acts 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 infringment thereof, by arbitrary illegal impositions, without full consent in Parliament. 5. They earnestly (in point of Conscience, prudence, and duty to those for whom they served) Petition his Majesty, for a new Law and Declaration, against all new Impositions and Taxes on inland Goods, or Merchandises imported or exported, without the people's free consent in Parliament, as null, void, utterly to be abolished and taken away: Whether it will not be absolutely necessary for the whole English Nation, and the next ensuing National, or real Parliament, to prosecute, enact, establish such a Declaration and Law against all such former and future arbitrary, illegal, oppressive Taxes, Impositions, Excises, that have been imposed and continued for many years together on the whole 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 Parliaments, to their great oppression, enslaving, undoing, in far greater proportions, multiplicity, and variety, than ever in former Ages, without the least intermission; and likewise against their late declared 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, 30, 39. Articles of the Instrument entitled, The Government of the Common-wealth of England, &c. I remit to their most serious considerations to determine, if ever they resolve to be English Freemen again, or to imitate the 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 forever, 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 Conquerors or Kings, after all their late, costly, bloody Wars, for their Defense against the beheaded King.
5 The fifth is, A learned and necessary Argument made in the Commons House of Parliament, Anno 7. Jacobi, to prove, That each Subject hath a Property in his Goods; showing 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 Honorable House of Commons, for examination and Licensing of Books, 20. Maii 1641. In which Parliamentary Argument, p. 8. 11. 16. I find these direct Passages: That the New Impositions contained in the Book of Rates, imposed on Merchandises, imported and exported by the Kings Prerogative, and Letters Patents, without consent in Parliament, is against the natural Frame and Constitution of the Policy of this Kingdom, which is, JUS PUBLICUM REGNI, AND SO SVBVERTETH THE FUNDAMENTAL LAW OF THE REALM, and introduceth a new Form of State and Government: Can any man give me a reason, why the King can only in Parliament make Laws? No man ever read any Law, whereby it was so ordained; and yet no man ever read, that any King practiced the contrary; therefore IT IS THE ORIGINAL RIGHT OF THE KINGDOME, AND THE VERY NATURAL CONSTITUTION OF OUR STATE AND POLICY, being one of the highest Rights of Sovereign 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.
6. The sixth is, A Conference desired by the Lord's, and had by a Committee of both Houses, concerning the Rights and Privileges of the Subject. 3. Aprilis 4. Caroli 1628. entered in the Parliament Journal of 4. Caroli, and since printed at London 1642. In the Introduction to which Conference, Sir Dudley Digs by the Commons House Order, used these expressions: My good Lord's, whilst we the Commons, out of our good affections, were seeking for money, we found, I cannot say a • ook of the Law, but many A FUNDAMENTAL POINT THEREOF NEGLECTED AND BROKEN, which hath occasioned our desire of this Conference: wherein I am first commanded to show unto your Lordships in general: That the Laws of England are grounded on Reason more ancient than Books, consisting much in unwritten Customs; yet so full of Justice and true Equity, that your most honorable Predecessors and Ancestors propugned them with, a NOLUMUS MUTARI; and so ancient, that from the Saxons days, notwithstanding the injuries and ruins of time, they have continued in most parts the same, &c. Be pleased then to know, THAT IT IS AN UNDOUBTED AND FUNDAMENTALL POINT OF THIS SO ANCIENT COMMON LAW OF ENGLAND, THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS, which doth preserve as sacred, that MEUM and TWM, that is the Nurse of Industry, and the Mother of Courage, and without which, there can be no Justice, of which MEUM and TWM is the proper object: But the UNDOUBTED BIRTH-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 Lord's House; since published in print.
7. The Seventh is, The Vote the whole House of Commons, 16. December 1640. Nullo contradicente, entered in their Journal, and printed in Diurnall Occurrences, page 13. That the Canons made in the Convocation (Anno 1640.) ARE AGAINST THE FUNDAMENTAL LAWS OF THE REALM, the Property and Liberty of the Subject, the Right of Parliament, and contain diverse things tending to Faction and Sedition. Seconded in their Remonstrances of 15. December 1641.
8. The eight Authority is, The Votes of both Houses of Parliament, concerning the security of the Kingdom of ENGLAND and Dominion of Wales, 15. Martii 1641. Ordered by the Lord's 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 extreme danger, and his Majesty's refusal, the Ordinance agreed on by both Houses for the MILITIA (to secure the Houses, Members and Privileges of Parliament and Kingdom against ARMED-VIOLENCE, since brought upon them by the MILITIA of the Army) doth oblige the people, and ought to be obeyed, by the FUNDAMENTAL LAWS OF THIS KINGDOME. A very vain and delusory Vote, if there be no such Law, as some now affirm.
9. The ninth punctual Authority is, a Second Declaration of the Lord's and Commons assembled in Parliament, concerning the Commission of Array; Printed by their special Order of 12. January 1642. Wherein are these observable passages, The main drift of all the answer is to maintain, That the King by the Common Law may grant such a Commission of Array, as this is, upon this ground, because its for the Defense of the Kingdom: And, that the power, which he hath to grant it by the Common law, is not taken away by the Petition of Right, or any former Statute, but the King notwithstanding any of them, may charge the Subject for Defense of the Kingdom; 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 Ma • esty shall impose upon his Subjects, upon pretence of Defense of the Kingdom; for there is the same reason of Law for any other charge that is pretended for Defense, as for this. If his Majesty by the Common Law may charge his Subjects to find Arms, and other things in the Commission enjoined, because they are for Defense of the Kingdom; by the same reason of Law, he may command his People to build Castles, Forts and Bulwarks, and after to maintain them with Garrisons, Arms, and Victuals, at their own charges: And by the same reason he may compel his subjects to find Ships, and furnish them with Men, Ammunition and Victuals, and to find Soldiers pay, Coat and Conduct money; provide victuals for Soldiers, and all other things NECESSARY FOR AN ARMY; these things being as necessary for Defense, 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 itself, at all other Laws that have been made for the subjects benefit against Taxes and other charges, either 〈…〉 or any other Parliaments?
These Positions thus laid down and maintained, Do shake the Fundamental Laws of the 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 Defense 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 Defense of the Kingdom in time of real danger, if the King for Defense 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,
I am certain, the generality of the Nation are now as much and more agrieved, that some, who were Parties to this Declaration, and others, who have made as many or more Declarations & Protestations as his Majesty ever did, to rule by the known laws of the Land; should since this, far exceed his Majesty in the like, nay greater, more exorbitances in the Militia, Excises, Taxes, Impositions, Imprisonments arbitrary extravagant proceedings, capital executions in new erected Courts of Injustice, and whole volumes of new binding Ordinances, as they term them, and their ill-sounding Instrument, obliging all our three Nations, both for the present & all future ages, in their intention; as diametrically contrary as the Kings Commissions of Array, to the Fundamental Laws of the Land (four times together so styled 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 people's intolerable oppression and slavery; who thereupon may justly conclude and protest against them, as both Houses did in the close of this
10. The tenth Evidence is, the Vote and Letter of both Houses of Parliament sent to his Majesty at Oxford, 9. March 1643. in Answer to his Majesty's, of the third of March▪ and wherein there is this passage: We the Lord's 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
The eleventh is, the Ordinance of both Houses of Parliament, 13. Junii 1644. For the Forces raised in the County of Salop, which begins thus:
The twelfth is, a Declaration of the Commons of England, assembled in Parliament, 17. Aprilis 1646.
And first, Concerning Church-Government, &c. because we cannot consent to the granting of an Arbitrary and unlicensed Power and Jurisdiction, to near ten thousand Judicatories to be erected within this Kingdom, and this demanded in such a way, as is not consistent with the FUNDAMENTAL LAWS and GOVERNMENT OF THE SAME, &c. Our full resolutions still are, sincerely, really and constantly to endeavor the Reformation of Religion in the Kingdom of England and Ireland, in Doctrine, Worship, and Government, according to the word of God, and the example of the best Reformed Churches, and according to the Covenant. WE ARE SO FARRE FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOME BY KING, LORD'S and COMMONS, that we have only desired, that with the consent of the King, such Power may be settled in the TWO HOUSES, without which we can have no assurance, but that the like, or greater mischiefs than those which God hath hither to dilivered us from, may break out again, and engage us in a second and more destructive war; whereby it plainly appears, Our intentions are not to change the Antient Frame of Government within this Kingdom, but to obtain the end of the Primitive Institution of all Government, The safety and weal of the People; not judging it wise or safe, after so bitter experience of the bloody consequence of a pretended Power of the Militia in the King, to leave any colorable authority in the same, for the future attempts of introducing AN ARBITRARY GOVERNMENT OVER THIS NATION.
Lastly, Whereas both Nations have entered into a Solemn▪ League and Covenant; we have, and EVER SHALL BE VERY CAREFULL DULY TO OBSERVE THE SAME: that as nothing hath been done, SO NOTHING SHALL BE DONE BY US REPUGNANT TO THE TRUE MEANING AND INTENTION THEREOF, &c. WHO WILL NOT DEPART FROM THOSE GROUNDS AND PRINCIPLES, upon which it was framed and founded.
Though the generality of the (afterwards,) secured and secluded Majority of the House of Commons, endeavored constantly to make good this Declaration in all particulars; yet how desperately the garbled Minority thereof, continuing in power after their Seclusion, prevaricated, apostatized, and falsified their Faith herein in every particle, in the highest degree, we cannot but with greatest grief of heart, and detestation remember, to the subversion, ruin of our King, Lord's, Commons, Kingdom, Parliaments, Fundamental Laws, Government, and the people's Liberties, &c. almost beyond all hopes of restitution or reparation in human probability, without a miracle from heaven. The Lord give them grace most seriously to consider repent of, and really, sincerely reform it now at last, and to make it the principle subject of their prescribed public Humiliations, Fasts and Lamentations, as God himself prescribes; Isa. 58. 5, 6, 7, 8. Jer. 34. 8. to 22. Ezech. 19. 1. 14. Hos. 10. 3, 4. and not still to add drunkenness to thirst, lest they bring them to temporal and eternal condemnation for it in God's own due time, and engender endless Wars, Troubles, Taxes, Changes, Confusions in our Kingdoms, as they have hitherto done and will do till all be restored to their just Rights, Powers, Places, Possessions and Liberties.
By this full Jury of Parliamentary Authorities, to omit many others, of like, or inferior 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 nor ought to be altered, or innovated upon any pretence, but perpetually maintained, defended, with greatest care, vigilancy, resolution; and he who shall deny or oppugn it, deser •• s no refulation by further arguments, since it is a received Maxim in all Arts, Contra Principia negantem non est disputandum; but rather demerits a sentence of Condemnation and public execution at Tyburn, as a Common Enemy, Traitor to our Laws, Liberties, Nation; it being no less than a transcendent crime, and High Treason by our Laws, for any person or persons, secretly or openly, to attempt the undermining or subversion of our fundamental laws, rights, Liberties, Government, especially by fraud, treachery, force or armed power and violence ( the later part of my first proposal) which I shall now confirm by these twelve following Presidents and Evidences, corroborating likewise the former part, That we have such Fundamental laws, liberties, rights, franchises, and a fundamental Government too.
In the fifth year of King Richard the second, the vulgar rabble of people and villains, in Kent, Essex, Sussex, Norfolk, Cambridge-shire and other Counties, under the Conduct of Wat Tyler, Jack Straw and other Rebels, assembling together in great multitudes (occasioned at first by the new invented Tax of Poll-money, granted by Parliament, and the over-rigorous levying thereof, on the people, by the Kings Officers (though nothing so grievous as our Excises, Contributions, & new Imposts now, so long exacted without any legal Grant in true, free and full English Parliaments) resolved by force and violence, to abrogate the law of Villenage, with all other laws they disliked, formerly settled; to burn all the Records, kill and behead all the Judges, Justices, and men of law of all sorts, which they could get into their hands; to burn and destroy the Inns of Court, (as they did then the new Temple, where the Apprentices of the law lodged, burning their Monuments and Records of Law there found) to alter the tenures of lands, to devise new laws of their own, by which the Subjects should be governed: to change the ancient Hereditary Monarchical Government of the Realm, and to erect petty elective Tyrannies and Kingdoms to themselves in every shire: (A project eagerly prosecuted by some Anarchicall Anabaptists, Jesuits, Levellers, very lately) and though withal they intended to destroy the King at last, and all the Nobles too, when they had gotten sufficient power; yet at first to cloak their intentions from the people, they took an Oath of all they met; Quod Regi & Communibus fidelitatem servarent; that they should keep Allegiance and Faith to the King & Commons: Yea, Wat Tyler demanded a Commission from the King, to behead all Lawyers, Escheaters, and others whatsoever that were learned in the laws, or communicated with the law by reason of their Office, conceiving in his mind, that this being brought to pass, all things afterwards would be ordered according to his own and the common people's fancy. And he made his vaunt, putting his hand to his own lips; That before scure days came to an end, ALL THE LAWS OF ENGLAND SHOULD PROCEED FROM HIS MOUTH. (Which some of late times seem to speak not only in words, but deeds, by their manifold new laws and Edicts, repealing or contradicting our old) This their resolution and attempt thus to alter and subvert the Laws and Government, upon full debate in the Parliament of 5. R. 2. n. 30. 31. was declared to be High-Treason against the King and the Law, for which divers of the chief Actors in this Treasonable Design, were condemned and executed, as Traitors, in several places; and the rest enforced to a public submission, & then pardoned. Let these imitators now remember this old President.
2. In the Parliament of 11. R. 2. (as appears by the Parliament Rols and printed Statutes at large) three Privy Counselors, the Archbishop of York, the Duke of Ireland, and the Earl of Suffolk, the Bishop of Exeter, the Kings Confessor, five Knights, six Judges (whereof Sir Robert Tresylian Chief Justice was one) Blake, of the Kings Council at Law, Usk, and others, were impeached and condemned of High Treason, some of them executed as Traitors, the rest banished, their lands and goods forfeited, and none to endeavor to procure their pardon, under pain of Felony; for their endeavoring to overthrow a Commission for the good of the Kingdom, contrary to an Act of Parliament, by force of Arms, and opinions in Law delivered by these temporizing Judges and Lawyers, to the King, (through threats and terror at Nottingham Castle) tending to subvert the Laws and Statutes of the Realm, overthrow the Power, Privileges and proceedings of Parliament, and betray (not all the House of Lord's, but only) some of the Lord's 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 forever, and hath so continued. Read Statut. at large.
3. In the Parliament of 17 R. 2. n. 20. and Pas. 17 R. 2. B. Regis Rot. 16. Sir Thomas Talbot was accused and found guilty of High Treason, for conspiring the death of the Dukes of Gloucester, Lancaster, and other Peers, who maintained the Commission confirmed by Act of Parliament, 10. R. 2 and assembling people in a warlike manner in the County of Chester, for effecting of it, in destruction of the estates of the Realm; and the Laws of the Kingdom.
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; worthy serious perusal and consideration by all, who tread in his footsteps, and overact him in his Treasons.
5. In the 8 year of King Henry the 8. William Bell, and Thomas Lacy, in the County of Kent, conspired with Thomas Cheney ( the Hermit of the Queen of Fairies) TO OVER THROW THE LAWS AND CUSTOMS OF THE REALM: for effecting whereof, they with 200 more met together, and concluded upon a course of raising greater forces in Kent, and the adjacent Shires; This was judged High Treason, and some of them executed as Traitors. Moreover, it was resolved by all the Judges of England, in the reign of Henry. 8. that an Insurrection against the Statute of Laborers, or for the inhansing of Salaries and wages, or against any Statute, or to remove Counselors, or to any other end pretending Reformation of their own heads, was TREASON, and a levying war against the King, BECAUSE IT WAS GENERALLY AGAINST THE KINGS LAW, and the Offenders took upon them THE REFORMATION THEREOF, which Subjects by gathering of power ought not to do.
6. On December 1. in the 21. year of King Henry the 8. Sr. Thomas Moore, Lord Chancellor of England, with fourteen more Lord's of the Privy Council, John Fitz-James, Chief Justice of England, and Sir Anthony Fitz-Herbert, Herbert, one of the Judges of the Common Pleas, exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinal Wolsey: That he had by divers and many sundry ways and fashions, committed High Treason, and NOTABLE GRIEVOUS OFFENCES, by misusing altering and subverting of his Graces Laws, and otherwise, contrary to his high Honor, Prerogative, Crown, Estate, and Dignity Royal; to the inestimable great hindrance, diminution and decay of the universal wealth of this his Graces Realm. The Articles are 43. in number, the 20, 21, 26, 30, 35, 37: 42, 43. contain, his illegal arbitrary 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 mostexcellent Majesty of your excellent goodness towards the Weal of this your Realm, and subjects of the same, to set such order and direction upon the said Lord Cardinal, as may be to terrible example of other, to beware to offend your Grace, and your Laws hereafter: and that he be so provided for, that he never have any Power, Jurisdiction or authority hereafter, to trouble, vex or impoverish the common-wealth of this your Realm, as he hath done heretofore, to the great hurt and damage of every man almost, high and low. His poisoning himself prevented his legal judgment for these his Practises.
7. The Statute of 3. and 4. Ed. c. 5, 6. enacts, That if any persons, to the number of twelve or more, being assembled together, shall intend, go about, practice or put in use with force and arms, unlawfully of their own authority, TO CHANGE ANY LAWS made for Religion, by authority of Parliament, OR ANY OTHER LAWS OR STATUTES OF THIS REALM, STANDING IN FORCE, OR ANY OF THEM; and shall continue together by the space of an hour, being commanded by a Justice of Peace, Mayor, Sheriff, or other Officer to return: or shall by ringing of any Bell, sounding of any Trumpet, Drumme, Horn, &c. raise such a number of persons, to the intent to put any the things aforesaid in ure, IT SHALL BE HIGH TREASON, and the parties executed as Traitors: After this the Statute of 1 Mariaec. 12. Enacted, That if twelve or more in manner aforesaid, shall endeavor by force to alter any of the Laws or Statutes of the Kingdom; the offenders shall from the time therein limited, be ad • udged ONELY AS FELONS, whereas it was Treason before: but this Act continuing but till the next Parliament, and then expiring, the offense remains Treason, as formerly.
8. In the 39. year of Queen Elizabeth, divers in the County of Oxford consulted together to go from house to house in that County, and from thence to London and other parts, to excite them to take arms for the throwing down of enclosures throughout the Realm; nothing more was prosecuted, nor assemblies made; yet in Easter Term 39. Elizabeth, it was resolved by all the Judges of England (who met about the Case) that this was High Treason, and a levying war against the Queen, because it was to throw down all enclosures throughout the Kingdom, to which they could pretend no right: and that the end of it was, TO OVER THROW THE LAWS AND STATUTES for enclosures. Whereupon BRADSHAW and BURTON (two of the principal Offenders) were condemned and executed at Ainstow Hill in Oxfordshire, where they intended their first meeting.
9. To come nearer to our present times and case: In the last Parliament of King Charles, Anno 1640. The whole House of Commons impeached Thomas Earl of Strafford, Lord Deputy of Ireland, of High Treason; amongst other Articles, for this crime especially (wherein all the other centred) That he hath TREASONABLY ENDEAVOURED by his Words, Actions and Counsels, TO SUBVERT THE FUNDAMENTALL LAWS and GOVERNMENT OF ENGLAND and IRELAND, and introduce an arbitrary and Tyrannical Government. This the whole Parliament declared and adjudged to be High Treason, in and by their Votes, and a special Act of Parliament for his Attainder; for which he was condemned, and soon after executed on Tower-Hill, as a Traitor to the King and Kingdom, May 22. 1641.
10. The whole House of Commons the same Parliament, impeached William Laud Arch-bishop of Canterbury, of HIGH TREASON; in these very terms, February 6, 1640.
First, That he hath traitorously endeavored to subvert the Fundamental Laws and Government of this Kingdom of England, and instead thereof, to introduce an arbitrary and tyrannical Government against Law:
Secondly,
Thirdly,
Fourthly,
All which being proved against him at his Trial, were after solemn Argument by Mr. Samuel Brown, in behalf of the Commons House, proved; and soon after adjudged, to be High Treason at the Common Law, by both Houses of Parliament; and so declared in the Ordinance for his Attainder: for which he was condemned and beheaded as a Traitor, against the King, Law and Kingdom, on Tower Hill, January 10. 1644.
11. In the same Parliament, December 21. Jan. 14. Febr. 11. 1640. and July 6. 1641. Sir John Finch, then Lord Keeper, Chief Justice Bramston, Judge Berkley, Judge Crawly, Chief Baron Davenport, Baron Weston, and Baron Trevour, were accused and impeached by the House of Commons, by several Articles transmitted to the Lord's, OF HIGH TREASON, for that they had Traiterously and wickedly endeavored, to subvert the Fundamental Laws and established Government of the Realm of ENGLAND, and instead thereof to introd • ce an Arbitrary and Tyrannical Government against Law; which they had declared, by traitorous and wicked words, opinions, judgments; and more especially in this their extrajudiciall opinion, subscribed by them in the case of Ship money, viz. We are of opinion, that when the good and safety of the Kingdom in general is concerned, and the whole Kingdom in danger; your Majesty may by Writ, under the Great Seal of England (without consent in Parliament) command all your Subjects of this your Kingdom, at their charge to provide and furnish such a number of Ships, with Men, Victuall and Ammunition, and for such time as your Majesty shall think fit for the Defense and safeguard of the Kingdom, 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 sum is to be prevented, and avoided And likewise for arguing and giving judgment accordingly, in Mr. John Hampdens case, in the Exchequer Chamber, in the point of Ship money, in April 1638: which said opinions, are Destructive to the Fundamental Laws of the Realm, the Subjects Right of Property, and contrary to former Resolutions in Parliament, and the Petition of Right; as the words of their several Impeachments run. Sir John Fin • h fled the Realm, to preserve his head on his shoulders; some others of them died through fear, to prevent the danger, soon after their Impeachments, and the rest who were less peccant, were put to Fines.
12. Mr. John Pym, in his Declaration upon the whole matter of the charge of High Treason against Thomas Earl of Strafford, 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 endeavor to subvert the Fundamental Laws of England, and to introduce an Arbitrary Power; to be High Treason, and an offense very heinous in the nature, and mischievous in the effects thereof; which (saith he) will best appear, if it be examined by that universal and supreme Law, Salu • Populi: the element of all Laws, out of which they are derived: the end of all Laws, to which they are designed, and in which they are perfected.
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4. That all accidents and events, all Counsels and Designes should be improved for the public good. But this arbitrary power is apt to dispose all to the maintenance of itself. ( And is it not so now? )
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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 traitorously endeavored to subvert the Fundamental Laws, Liberties, Government, Parliaments of England and Ireland, and to introduce an Arbitrary and Tyrannical Government against law, as much as ever Strafford did, yea, far out stripped him therein (even since his execution) in all particulars, for which he was beheaded; would now seriously lay to heart, and speedily reform, lest they equal or exceed him in conclusion in capital punishments for the same, or endless Hellish Torments.
13. The next Authority I shall produce in point, is, The Speech and Declaration of Master Oliver St. John, at a Conference of both Houses of Parliament, concerning SHIPMONEY, upon Judge Finches Impeachment of High Treason, January 14. 1640. printed by the Commons Order, London, 1641. wherein he thus declares the sense of the Commons, p. 12. &c.
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I could here inform you, that the Fundamental Laws of our Nation, are the same in the Body Politique of the Realm, as the Arteries, Nerves, Veines, are in, and to the natural Body, the Bark to the Tree; the Foundation to the House: and therefore the cutting of them a sunder, or their Subversion, must of necessity, kill, destroy, disjoin and ruin the whole Realm at once: Wherefore it must be Treason in the highest degree. But I shall only subjoin here some material Passages, in Master St. Johns 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 lays down this Position; recited again, p. 64.
That ( Straffords ) endeavoring, To subvert the Fundamental Laws and Government of England and Ireland, and instead therefore 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 of 25. E. 3. 1 H. 4. c. 10. 1 Mar. c. 1. nor any of them.
The Authorities, Judgments, in and out of Parliament, which he cites to prove it, have been already mentioned, some others he omitted; I shall therefore but transcribe his Reasons to evince it to be Treason, superadded to those alleged by him against the Ship money Judges.
Page 12. It is a War against the King (Let our Military Officers and Soldiers consider it) when intended. For alteration of the Laws or Government in any part of them. This is a levying War against the King (and so Treason within the Statute of 25. E. 3.)
1. Because the King doth maintain and protect the Laws in every part of them.
2. Because they are the Kings Laws:
Page 64. In this I shall not labor at all to prove, That
I have transcribed these Pass • ges of Mr. Oliver S. John at large for five Reasons.
1. Because they were the Voice and Sence of the whole House of Commons by his mouth; who afterwards owned and ratified them by their special Order, for their publication in Print, for information and satisfaction of the whole Nation, and terror 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 Fundamental Laws or Liberties, or the alteration of our Fundamental Government, or setting up any Arbitrary or Tyrannical Power, Taxes, Impositions, or new kinds of arbitrary Judicatories, and imprisonments against these our Laws 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 heinousness, in excusablenesse, willfulness, maliciousness, Capitalnesse of their Crimes; which not only the whole Parliament in generality, but many of themselves, in particular, so severely prosecuted, condemned, and inexorably punished of late years in them: that so they may sadly consider, bewail, repent, reform them with all speed and diligence, as much as in them lies. And with all, I shall exhort them seriously to consider that Gospel terrifying passage, (if they have not quite sinned away all Conscience, Shame, Christianity, Religion and Fear of the last Judge, and Judgment to come) 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 THOU THE SAME THING. But we are sure that the Judgment of God is according to truth, against them who 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 (especially such, who of late times have taken upon them the style & power of Judges ) to examine their Consciences, Actions, how far, all or any of them have been guilty, in the highest degree of these Crimes and Treasons, so highly aggravated, so exemplarily punished of former and later times, in corrupt, cowardly time-serving, degenerate Lawyers, and Judasses, rather than Judges; to the disgrace of their Profession, (now generally spoken against) their own dishonor, infamy, reproach, the scandal of Religion, which some of them have eminently professed: the prejudice and subversion of the Fundamental Laws, Liberties, Rights, Privileges of our Nation, Peers, Parliaments, and of the ancient Fundamental Government of this famous Kingdom, whereof they are Members: and that contrary to some of their own late Judgments, sciences, Consciences, Votes, Printed Arguments, Speeches, Declarations, against others, even in and out of Parliament? and their own first Charges in their Circuits, repugnant to their later.
4. To instruct those Jesuited Anabaptists, Levellers, and their Factors, (especially John Canne, and the rest of the Compilers, Publishers, Abetters of the Pamphlet entitled, Lieutenant Colonel John Lilburn, tried and east; and other forementioned publications:) who professedly set themselves by Words, Writings, Counsels and overt Acts to subvert both our old Fundamental (with all other) Laws, Liberties, Customs, Parliaments, and Government, what transcendent Malefactors, Traitors, and Enemies they are to the public, and what Capital punishments they may incur, as well as d • merit, should they be legally prosecuted for the same; and thereupon to advise them timely to repent of, and d • sist from such high Treasonable attempts.
5. To clear both myself and this my seasonable Defense of our Fundamental Laws, Liberties, Government, from the least suspicion or shadow of Faction, Sedition, Treason and Emnity to the public peace, weal, settlement of the Nation, which those, (and those only) who are most factious, and seditious, and the greatest Enemies, Traitors to the public tranquility, Weal, Laws, Liberties, Government, and establishment of our Kingdom (as the premises evidence) will be ready maliciously to asperse both me and it with, as they have done heretofore some other of my Writings of this Nature, with all which, they must first brand Mr. St. John, Mr. Pym, the whole House of Commons, the two last, with all other Parliaments forecited, and themselves too (from which they are so much changed and degenerated of late years) ere they can accuse, traduce, or censure me; who do but barely relate, apply their words and judgments in their purest times, without malice or partiality, for the whole Kingdoms benefit; security, and resettlement.
To these punctual full Juries of Records and Parliament Authorities in point, I could accumulate Sr. Edward Cook his 3. Institutes, p. 9. printed and authorised by the House of Commons special Order, the last Parliament. The several Speeches of M. Hide, M. Waller, M. Pierpoint, and M. Hollis, July 6. 1641. at the Lord's Bar in Parliament, by Order of the Commons House, at the Impeachment of the Ship-money Judges of High Treason, printed in Diurnal Occurrences, and Speeches in Parliament, London, 1641. p. 237, to 264. M. Samuel Browns Argument at law before the Lord's and Commons at Canterburies Attainder, all manifesting, their endeavoring to subvert the Fundamental Laws and Government of the Realm, to be High Treason; with sundry other printed Authorities to prove; That we have, Fundamental Laws, Liberties, Rights; and a Fundamental Government likewise; which ought not to be innovated, violated, or subverted upon any pretences whatsoever, by any power or prevailing Faction. Which Fundamental Rights, Liberties, Laws, Sr. Thomas Fairfax, and the Army under his Command, by their Declaration of June 14. 1647. particularly promise and engage, to assert & vindicate against all arbitray power, violence, oppression, and against all particular parties or Interests whatsoever, which they may do well to remember and make good. But to avoid prolixity (the double Jury of irrefragable and punctual authorities already produced being sufficient to satisfy the most obstinate opposites formerly contradicting it) I shall only add three swaying authorities more, wherewith I shall conclude this point.
The first, is a very late one, in a Treatise, entitled,
The second is, The Votes of the House of Commons, concerning a Paper presented to them, entitled, An Agreement of the people for a firm & 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 fundamental Government of this Kingdom.
Resolved; &c. That a Letter be sent to the General, and those Papers enclosed, together with the Vote of this House upon them; And that he be desired to examine the proceedings of this business in the Army ( where it was first coined ) and return an Account hereof to this House.
These Votes were seconded soon after with these ensuing Votes, entered in the Commons Journal, and printed by their special Order, 23 Novemb. 1647.
A Petition directed to the Supreme 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 seditious and contemptuous avowing, and prosecution of a former Petition, and Paper annexed, styled, An agreement of the People, formerly adjudged by this House, to be destructive to the being of Parliaments, and Fundamental Government of the Kingdom.
Resolved, &c. That Thomas Prince Cheese-monger, and Samuel Chidley, be forthwith committed Prisoners to the Prison of the Gate-house, there to remain Prisoners during the pleasure of this House, for a Seditious avowing, and prosecution of a former Petition and Paper annexed, styled, An Agreement of the people; formerly adjudged by this House, to be destructive to the being of Parliaments, and fundamental Government of the Kingdom.
Resolved, &c. That Jeremy Ives, Thomas Taylor, and William Larnar, be forth-with 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, styled, An Agreement of the People; formerly adjudged by this House, to be destructive to the being of Parliaments, and fundamental Government of the Kingdom.
Resolved, &c. That a Letter be prepared and sent to the General; taking notice of his proceeding in the execution (according to the Rules of War ) of a Mutinous person (avowing, and prosecuting this Agreement in the Army contrary to these Votes) at the Rendezvous near Ware, and to give him thanks for it; and to desire him to prosecute that Business to the bottom, and to bring such guilty persons as he shall think fit, to condign and exemplary punishment.
Resolved, &c. That the Votes upon the Petition and Agreement annexed, and likewise the Votes upon this Petition, be forth-with printed and published.
After which, by a special Ordinance of both Houses of Parliament, 17 Decemb. 1647. no person whatsoever, who had contrived, plotted, prosecuted, or entered into that Engagement, entitled, The Agreement of the people, declared To be destructive to the being of Parliaments, and Fundamental Government of the Kingdom; for one whole year was to be elected, chosen, or put into the Office, or place of Lord Mayor, or Alderman, Sheriff, Deputy of a Ward, or Common Counselman of the City of London, or to have a voice in the Election of any such Officers.
All these particulars, with the Capital proceedings against White, and others who fomented this Agreement in the Army, abundantly evidence the verity of my foresaid Proposition, and the extraordinary guilt of those Members and Soldiers, 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 Privileges, and of the fundamental Government, Laws, and Liberty of our Nation: which I wish they would now sadly lay to heart, with that saying of Augustine, approved by all sorts of Divines, and Casuists; Non remittitur peccatum, nisi restituatur ablatu •• , & sciendum est, Quod Restitutio est IN PRISTINUM STATUM POSITIO.
The third, is the memorable Statutes of 3 Jacobi, c. 1, 2, 4. & 5. which relating the old Gunpowder Treason of the Jesuits and Papists, and their infernal, inhuman, barbarous, detestable plot, to blow up the King, Queen, Prince, Lord's, Commons, and the 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 heinousness and transcendency thereof, by this circumstance, That it was (as some of the principal Conspirators confessed) purposely devised and concluded to be done in the said House, That where sundry necessary and religious Laws, for preservation of the Church and State, were made, ( which they falsely and slanderously termed, 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 ruin, overthrow, and subversion of the whole State and Common-wealth of this flourishing and renowned Kingdom, of God's true Religion therein established by Law, and of our Laws and Government. For which horrid Treason, they were all attainted, and then executed as Traitors, and some of their Heads, Quarters, set upon the Parliament House for terror of others. Even so let all other Traitors, Conspirators against, all Blowers up, and subverters of our fundamental Laws, Liberties, Government, Kings, Parliaments, and Religion, treading presumptuously in their Jesuitical footsteps, perish, O Lord, but let all them who cordially love, and strenuously maintain them against all Conspirators, Traitors, 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 reestablishment.
CHAP. 2.
HAving thus sufficiently proved, That the Kingdom, and Freemen of England, have some ancient Hereditary Rights, Liberties, Franchises, Privileges, Customs, properly called FUNDAMENTAL, as likewise a Fundamental Government, no ways to be altered, undermined, subverted, directly or indirectly, under the guilt and pain of High Treason in those who attempt it, especially by fraud, force, or armed Power.
I shall in the second place present you in brief Propositions, a Summary of the chiefest and most considerable of them, which our prudent Ancestors in former Ages, and our latest real Parliaments, have both declared to be, and eagerly contested for, as fundamental, and essential to their very being, and well being, as a Free People, Kingdom, Republic, unwilling to be enslaved under any Yorkes 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 entirely to their Posterities, as their best and chiefest inheritance.
I shall comprise the sum and substance of them all in these Ten Propositions, beginning with the Subjects Property, which hath been most frequently, universally invaded, assaulted, undermined by our Kings, and their evil Instruments heretofore, and others since, and thereupon more strenuously, frequently, vigilantly maintained, fenced, regained, retained by our Nobles, Parliaments, and the people in all Ages (till of late years) than any or all of the rest put together, though every of them hath been constantly defended, maintained, when impugned, or encroached upon, by our Ancestors, and ourselves.
1 That no Tax, Tallage, Aid, Subsidy, Custom, Contribution, Loan, Imposition, Excise, or other Assesment whatsoever, for defense of the Realm by Land or Sea, or any other public, ordinary, or extraordinary occasion, may or ought be imposed, or leavied upon all or any of the Freemen of England, by reason of any pretended or real Danger, Necessity, or other pretext, by the Kings of England, or any other Powers, but only with and by their common consent and grant, in a free and lawful English Parliament duly summoned and elected; except only such ancient, legal Ayds, as they are specially obliged to render by their Tenures, Charters, Contracts, and the common Law of England.
2 That no Free-man of England ought to be arrested, confined, imprisoned, or in any private Castles, or remote unusual Prisons, under Soldiers, or other Guardians, but only in usual or Common Gaols, under sworn responsible Goalers, in the County where he lives, or is apprehended, and where his friends may freely visit and relieve him with necessaries; And that only for some just and legal Cause expressed in the Writ, Warrant, or Process, by which he is arrested or imprisoned; which ought to be legally executed, by known, legal, responsible sworn Officers of Justice, not unknown Military Officers, Troopers, or other illegal Catchpolls; That no such Free-man ought to be denied Bail, Mainprise, or the benefit of an Habe as Corpus, or any other Legal Writ for his enlargement, when Bailable or Mainprizable by Law; nor to be detained Prisoner for any real or pretended Crime, not bailable by Law longer than until the next general or special Gaol-delivery, held in the County where he is imprisoned; when and where he ought to be legally tried and proceeded against, or else enlarged by the Justices, without denial or delay of Right and Justice. And that no such Free-man may, or ought to be out-lawed, exiled, condemned to any kind of Corporal punishment, loss of Life or Member, or otherwise destroyed or passed upon, but only by due and lawful Process, Indictment, and the lawful Trial, Verdict, and Judgment of his Peers, according to the good old Law of the Land, in some usual Court of public Justice; not by and in new illegal Military, or other Arbitrary Judicatories, Committees, or Courts of High Justice, unknown to our Ancestors.
3 That the ordinary standing Militia, Force, and Arms of the Kingdom, ought to reside in the Nobility, Gentry, Freeholders, and Trained Bands of the Kingdom, not in Mercenary Officers and Soldiers, receiving pay, and Contributions from the people; more apt to oppress, enslave, betray, than protect their Laws, Liberties, and to protract than end their Wars and Taxes. That no Free-men of England, unless it be by special Grant and Act of Parliament, may or ought to be compelled, enforced, pressed, or arrayed to go forth of his own County (much less out of the Realm into foreign parts) against his will, in times of War or Peace; or except he be specially obliged thereto by ancient Tenures and Charters, save only upon the sudden coming of strange enemies into the Realm; and then he is to array himself only in such sort, as he is bonnd to do by the ancient Laws and Customs of the Kingdom still in force.
4 That no Free-man of England may, or ought to be disinherited, disseised, dispossessed, or deprived of any Inheritance, Free-hold, Office, Liberty, Custom, Franchise, Chattles, Goods, whatsoever, without his own Gift, Grant, or free Consent, unless it be by lawful Processe, Trial, and Judgment of his Peers, or special Grant by Act of Parliament; nor to be denied or delayed common Right or Justice in any case.
5 That the old received Government, Laws, Statutes, Customs, Privileges, Courts of Justice, legal Processe of the Kingdom, and Crown, ought not to be altered, repealed, suppressed in any sort; nor any new form of Government, Law, Statute, Ordinance, Court of Judicatury, Writ • , or legal proceedings, instituted, or imposed on all, or any of the Free-men of England, by any person or persons, but only in and by the Kingdoms, people's free and full precedent consent in a lawful Parliament, wherein the Legislative power solely resides.
6 That Parliaments ought to be duly summoned, and held, for the good and safety of the Kingdom, every year, or every three years at least, or so soon as there is just occasion. That the Election of all Knights, Citizens, and Burgesses, to sit and serve in Parliament (and so of all other Elective Officers) ought to be free. That all Members of Parliament Hereditary or Elective, ought to be present, and there freely to speak and vote according to their Judgments and Consciences, without any over-awing Guards to terrify them; and none to be forced, sequestered, or secluded thence by force or fraud. That all Parliaments not thus duly and freely summoned, elected, freely held, but unduly packed, without due Elections, or by forcible secluding, securing any of the Members, or not summoning all of them to the Parliament, and all Acts of Parliament fraudulently, or forcibly procured by indirect means , ought to be nulled, repealed, reputed void, and of dangerous president.
7 That neither the Kings, nor any Subjects of the Kingdom of England, may or ought to be summoned before any Forreign Powers or Jurisdictions whatsoever out of the Realm, or within the same, for any manner of Right, Inheritance, Thing belonging to them, or Offence done by them within the Realm, nor tried, nor judged by them.
8 That all Subjects of the Realm are obliged by Allegiance, Oaths, and duty to defend their lawful Kings Persons, Crowns, the Laws, Rights, and Privileges of the Realm, and of Parliament, against all Usurpers, Traitors, Violence, and Conspiracies. And that no Subject of this Realm, who according to his Duty, and Allegiance, shall serve his King in his Wars, for the just defense of him and the Land, against Forreign Enemies or Rebels, shall lose or forfeit anything for doing his true duty, service, and allegiance to him therein; but utterly be discharged of all vexation, trouble, or loss.
9 That no public War by Land or Sea ought to be made or leavied, with, or against any Forreign Nation: nor any public Truce or League entered into with Forreign Realms or States, to bind the Nation, without their common advice and consent in Parliament.
10 That the Kings of England, or others, cannot grant away, alien, or subject the Crown, Kingdom, or ancient Crown Lands of England to any other, without their Nobles and Kingdoms full and free consent in Parliament. That the ancient Honors, Manors, Lands, Rents, Revenues, Inheritances, Rights, and Perquisits of the Crown of England, originally settled thereon for the • ase and exemption of the people from all kind of Taxes, payments whatsoever (unless in case of extraordinary necessity) and for defraying all the constant, ordinary expenses of the Kingdom (as the expenses of the Kings household, Court, Officers, Judges, Ambassadors, Guard, Garrisons, Navy and the like) ought not to be sold, alienated, given away or granted from it, to the prejudice of the Crown, and burdenning of the people. And that all Sales, Alienations, Gifts, or Grants thereof, to the empairing of the public Revenue, or prejudice of the Crown and people, are void in Law, and ought to be resumed, and repealed by our Parliaments and Kings, as they have freqeuntly been in all former ages.
For the Readers fuller satisfaction in each of these propositions (some of which I must in the ensuing Chapter but briefly touch for brevity sake, having elsewhere fully debated them in print,) I shall especially recommend unto him the perusal of such Tractates, and Arguments formerly published, wherein each of them hath been fully discussed, which he may peruse at his best leisure.
The First of these Fundamentalls, (which I intend principally to insist on) is fully asserted, debated, confirmed by 13. H. 4. f. 14. By Fortescue Lord Chief Justice, and Chancellor of England, de Laudibus Legum Angliae, dedicated by him to King Henry the 6. f. 25. c. 36. By a Learned and necessary Argument against Impositions in the Parliament of 7. Jacobi: by a late reverend Judge, Printed at London 1641. By Mr. William Hakewell, in his Liberty of the Subject against Impositions, maintained in an Argument in the Parliament of 7 Jacobi, Printed at London 1641. By Judge Crooks and Judge Huttons. Arguments concerning Ship-money, both Printed at London 1641. By the Case of Ship-money briefly discussed. London 1640. By M. St. Johns Argument and Speech against Ship-money, Printed at London 1641. By Sir Edward Cook in his 2 Institutes p. 46. and 57. to 64. and 528 to 537. By the first and second Remonstrance of the Lord's & Commons in Parliament. against the Commission of Array. Exact Collection p. 386. to 398. and 850. to 890. and by my own Humble Remonstrance against Ship-money, London 1643. The Fourth part of the Sovereign Power of Parliaments and Kingdoms, p. 14. to 26. my Legal Vindication of the Liberties of England, against Illegall Taxes &c. London 1649. and by the Records and Statutes cited in the ensuing Chapter, referring for the most part to the first Proposition.
The second, third, and fourth of them, are largely debated and confirmed by a Conference desired by the Lord's, and had by a Committee of both Houses, concerning the Rights and Privileges of the Subject, 3 Aprilis 4 Caroli, Printed at London 1642. By Sir Edward Cook in his Institutes on Magna charta, c. 29. p. 45. to 57. By the first & second Remonstrance of the Lord's and Commons against the Commission of Array, Exact Collection p. 386. and 850. to 890. By Judge Crooks, and Judge Huttons Arguments against Ship-money. By Sir Robert Cotton his Posthuma p. 222. to 269. By my Breviate of the Prelates Encroachments on the Kings Prerogative, and the Subjects Liberties, p. 138. my New Discovery of the Prelates Tyranny, p. 137. to 183. and some of the ensuing Statutes, and records, ch. 3. See 1 H. 4. rot Parl. n. 22, 23, 24, 26, 28, 43, 44▪ 47.
The Fift and Sixt of them, are fully cleared, vindicated in and by the Prologues of all our Councils, Statutes, Laws, before and since the Conquest. By 1. H. 4. Rot. Parl. n. 33, 34, 36. (an excellent full president.) Sir Edward Cooks 4 Institutes, ch. 1. Mr. Cromptons Jurisdiction of Courts, Title High Court of Parliament. Mr. St. Johns speech against the Ship-money Judges, p. 32, 33. my Plea for the Lord's; my Levellers levelled; my Ardua Regni; my Epistle before my Speech in Parliament; my Memento, my Sovereign Power of Parliaments and Kingdoms, part. 1, 2, 3, 4. my Legal Vindication against illegal Taxes, and pretended Acts of Parliament, London 1649. Prynnethe Member, reconciled to Prynne the Bar • ester, Printed the same year. My Historical Collection of the Ancient great Councils and Parliaments of England, London 1649. My Truth triumphing over Falsehood, Antiquity over Novel • y, London 1645. 3 E. 1. c. 5, 4 E. 3. c. 14. 36 E. 3. c. 10. 1 H. 4. c. 3, 4. 5 R. 2. Stat. 2. c. 4. Rastal tit. Parliament. 1 H. 4. Rot. Parl. n. 21. 22. 48. 70. 31 H. 6. c. 1. 39 H. 6. c. 1. Rot. Parl. n. 8. 17 E. 4. c. 7. express in point, and some of the Records hereafter transcribed. In this I shall be more sparing, because so fully confirmed in these and other Treatises.
The Seventh, is ratified by Sir Edward Cooks 1. Institutes p. 97▪ 98. 4 Institutes p. 89. and 5. report Cawdries case, of the Kings Ecclesiastical Laws, Rastals Abridgement of Statutes, Tit, Provisors, Praemunire, Rome, and other Records and Statutes in the ensuing Chapter.
The Eight, is verified by the Statutes quoted in the Margin to it, and by other Records in the third Chapter.
The Ninth and Tenth, are fully debated in my Sovereign Power of Parliaments and Kingdoms, par. 2. p. 3. to 34. part. 4. p. 1. to 13. and 162. to 170. touched in Sir Robert Cottons Posthuma, p. 174. 179. confirmed by sundry Presidents in the next Chapter. & by 1 H. 4. Rot. Parl. n 32.
How all and every of these Fundamental Liberties, Rights, Franchises, Laws, have been unparalledly violated, subverted, in all and every particular, of late years, beyond all Presidents in the worst of former ages, even by their greatest pretended Propugners, their own Printed Edicts, Instruments, Ordinances, Papers, together with their illegal Oppressions, Taxes, Excises, Imposts, Sequestrations, Rapines, Violences, unjust Proceedings of all kinds, will sufficiently evidence, if compared with the premised Propositions. Not to insist on any fore-past illegal Imposts, Taxes, Excises, under which the nation lately groaned, imposed on us by unparliamentary Junctoes, or the Army Officers alone from Anno 1648 to 1653. without any real Parliament by their own armed Jurisdiction. I shall here instance onyl in 3. or 4 particulars, relating wholly to the First Proposition, being of most general, greatest present and future concernment of all other to the whole English Nation, at this very instant most intollerably oppressed, grieved by them; directly sweeping away all their Fundamental Right of Property, and consequentially all their Liberty of person, Laws, Charters, at once, and that in perpetuity, beyond all hopes of Future redemption, if not timely prevented by the Universality, Body of the Realm, or their Trustees.
The first of them is, the present imposition, and continuance of the strange, oppressive, monstrous, general high Tax of EXCISE, imposed on most native and foreign Commodities throughout England, and its Dominions; which as it was a mere Stranger to all our Ancestors, and those now living, till within these few years; so it was no sooner projected by some evil Malignant Jesuited Counsellers about the late King, but it was presently condemned, and crushed in the very shell, when first intended to be set on foot in England by King Charles, (with the advise and consent of his privy Council at White-Hall ) by a Commission under the Great Seal of England, dated the last of February, 3 Caroli, issued to thirty three Lord's of his Majesty's Privy Council and others: which authorized, commanded them to raise monies BY IMPOSITIONS OR OTHERWISE, as they in their wisdoms should find most convenient; and that only for these public uses, THE DEFENCE OF THE KING, KINGDOM, PEOPLE, and of the Kings Friends and Allies beyond the Seas, then in such imminent danger, that WITHOUT EXTREAMEST HAZARD OF THE KING, KINGDOM, PEOPLE, KINGS Friends and Allies, it could admit of no longer delay. In which INEVITABLE NECESSITY, form and circumstance must rather be dispensed with than the substance lost. The Commissioners being thereupon specially enjoined, to be diligent in the Service, and not fail therein, as they tender his Majesty's Honor, and THE SAFETY OF THE KING and PEOPLE. This Commission was no sooner discovered, but it was presently complained of by the whole Commons House, in the Parliament, of 3 Caroli, and upon Conference with the Lord's it was immediately Voted, adjudged by both Houses, without one dissenting voice, TO BEE (EX DIAMETHRO) AGAINST LAW, and CONTRARY TO THE PETITION OF RIGHT; after which, it was cancelled as such in the Kings own presence, by his consent, order, and then sent cancelled to both Houses, for their satisfaction, before ever it was put in execution, and all Warrants for, and memorials of it cancelled, damned, destroyed; the Commons further urging, That the Projector thereof might be found out by strict inquiry, and EXEMPLARILY PUNISHED (as the Parliament Journal attests) notwithstanding all the specious pretences, of inevitable necessity, imminent danger, and the defense, safety of the whole Kingdom, People, King, and his foreign Protestant Friends and Allies (then in greater real danger, than any now appearing) This Original Parliamentary Doom, Judgment against that New Monster of Excise, was ratified, approved, pressed by both Houses of Parliament, in the Cases of Ship-money, and the Commission of Array, as you may read at large in Mr. Oliver St. Johns Speech and Declaration, delivered at a Conference of both Houses concerning Ship-money, 14 January, 1640. (printed by the Commons Order ) p. 13. to 20. and, The Lord's and Commons second Declaration against the Commission of Array. Exact collection, p. 884, 885. from which they then drew this positive conclusion (fit to be now considered by our New Governors, and the whole Nation) THAT TO DEFEND THE KINGDOM IN TIME OF IMMINENT DANGER, IS NO SUFFICIENT CAVSE (for the King and his Council, much less then for those who condemned, suppressed them for Tyrants, and Oppressors of the People) TO LAY ANY TAX OR CHARGE UPON THE SUBJECTS WITHOUT THEIR CONSENT IN PARLIAMENT. Yea the whole House of Commons was so zealous against this Dutch Devil of Excise, that in their Remonstrance of the state of the Kingdom, 15 Decemb, 1641. Exact Collection, p. 3 4, 6. they expressly brand, censure, the first Attempts to introduce it, for A MALIGNANT and PERNI • IOUS DESIGN, TO SUBVERT THE FUNDAMENTAL LAWS and PRINCIPLES OF GOVERNMENT, upon which the JUSTICE OF THIS KINGDOM WAS FORMERLY ESTABLISHED; as proceeding from JESUITED COVNSELS, BEING MOST ACTIVE and PREVAILING; yea, for AN UNJUST and PERNICIOVS ATTEMPT, TO EXTORT GREAT PAYMENTS FROM THE SUBJECTS. Which was to be accompanied (as now it is) with Billited Soldiers in all parts of the Kingdom, and the concomitant of German (as now of English ) HORSE, That the LAND MIGHT EITHER SUBJECT WITH FEAR, or BE ENFORCED WITH RIGOVR TO SUCH ARBITRARY CONTRIBUTIONS AS SHOVLD BE REQVIRED OF THEM. And when some rumors were first spread abroad, that the COMMONS HOUSE INTENDED TO LAY EXCISE UPON PEW • ER AND OTHER COMMODITIES; they were so sensible of the injustice and odiousness thereof, that they thereupon published a special Declaration, printed 8 Octob. 1642. Exact Collection, p. 638. wherein they not only disclaim, renounce any such intention, but branded those Reports and Rumours, for FALSE and SCANDALOVS ASPERSIONS, raised and cast upon the House BY MALIGNANT and ILL-AFFECTED PERSONS, TENDING MUCH TO THE DISSERVICE OF THE PARLIAMENT: and Ordered, That the AVTHORS OF THEM should be inquired after, apprehended, and brought to the House TO RECEIVE CONDIGNE PUNISHMENT. After which this Excise being notwithstanding this Disclaimer, and much public, private opposition against it, set on foot by some swaying Members (upon a pretence of necessity for support of the Army) to the great Oppression, and Discontent of the People; The General and general Council of Officers and Soldiers of THE ARMY themselves, were so sensible of this illegal oft-condemned New grievance, that in the Heads of their Proposals, and particulars of their Desires, in order to the clearing and securing of the Rights and Liberties of the Kingdom, tendered to the Commissioners of Parliament residing with the Army, the first of August, 1647. (printed in their Book of Declarations, p. 118, &. published by their own, and the Lord's House special Order ) they • ade this one principal Desire to the Parliament; That the EXCISE may be taken off from such Commodities, whereof the poor of the Land do ordinarily live, and A CERTAIN TIME TO BE LIMITED FOR TAKING OFF THE WHOLE. Yet notwithstanding all these Judgments and Outcryes against it; some of those very persons who thus publicly branded it, both in the Parliament House and Army; by irregular paper Ordinances (as they entitle them) dated 24 December, 1653. March 17. 1653. and May 4. 1654. have by their own Self-derived supertranscendent Authority, without, yea against the Peoples consents, or any Authority from Parliament, imposed, continued Excise upon our own Inland, and Forreign Commodities, in very high proportions, from the twenty fourth of March 1654. till the twenty fourth of March 1655. And (which is most observable) prescribed it to be levied, by putting the Parties to an (EX OFFICIO) OATH against themselves; by Fines, Forfeitures, SEQVESTRATIONS, and SALES OF THE REFUSERS, OPPOSERS, PERSONAL and REAL ESTATES, DISSTRESSES, BREAKING UP OF THE PARTIES HOVSES, SEISVRES OF THEIR GOODS, IMPRISONMENT OF THE PERSONS OF ALL SUCH WHO SHALL HINDER OR OPPOSE THE MINISTERS, OR OFFICERS IMPLOYED IN LEVYING, or distraining for the same, BY LOCKING UP THE DOORS, or OTHERWISE. And by these their unparalleled Edicts they further order, That the Officers of Excise, BOTH DAY AND NIGHT, shall be permitted free entrance into ALL ROOMES and PLACES WHATSOEVER THEY SHALL DEMAND, in Brewers, Sope-boylers, and others Houses, under pain of forfeiture of fifty pounds for every refusal (by color whereof all men's Houses may be robbed, plundered, and their throats cut by Thieves and Robbers, pretending themselves Excise-men, Soldiers, authorised to make such Searches, as many of late have been.) And they with all their assistants shall be kept indenspnified in ALL CAUSES RELATING TO THE EXCISE, from time to time, against all Sutes or Actions brought, or other molestations, against them by the Parties grieved; who are usually Fined, Imprisoned, enforced to pay Costs of Sute, only for suing for relief) yea (which I cannot think of without horror and amazement) ALL COVRTS OF JUSTICE OF THIS COMMON-WEALTH, and ALL JUDGES and JUSTICES OF THE SAME, SHERIFS, COVNSELLORS, ATTURNIES, SOLICITORS, and ALL OTHER PERSONS, are thereby expressly required, to conform themselves accordingly, (in all things) WITHOUT ANY OPPOSITION OR DISPVTE WHATSOEVER; as the precise words of their Ordinance of 17 March, 1653. proclaim to all the Nation. Which declares further, That IT IS NECESSARY to provide A CONTINVAL SVPPLY for the carrying on the weighty Affairs of this Common-wealth OUT OF THIS REVENVE OF EXCISE. And do not these Clauses, (compared with the 27. & 29. Articles of their Instrument, ) clearly discover, a fixed Resolution in these new Legislators, to continue, and perpetuate upon the whole Nation, this importable Grievance of Excise, from year to year, without intermission or end, to be leavied by the means aforesaid? to hinder all and every the Freemen of England, from endeavoring to free or exempt themselves, or their Posterities from it hereafter, by any Sute, Action, Habeas Corpus, or other legal remedy in any Court of Justice whatsoever? yea peremptorily, positively to prohibit, enjoin all Courts of Justice, Judges, Justices, Sheriffs, Counselors, Atturnies, Solicitors, with all other persons of this Common-wealth, both for the present and future Ages, to give them the least legal assistance, advice, or relief against the same, or against any Officers, or Assistants which shall forcibly l • a • ie it by distress, Fines, Imprisonnents, Confiscation of Goods, Sequestrations, Sales of their personal or real Estates, or otherwise?
I appeal then (in the behalf of all the Freeborn People of England ) the Souls and Consciences of these new Ordinance-makers, with all the Executioners of them in any kind, before all the Tribunals of Heaven and Earth, whether they have not by these their Dismal Ordinances, more desperately, irrecoverably, totally, finally (as much as in them lies) undermined, subverted; and quite blown up at once, all the Foundations of our hereditary Fundamental Properties, Liberties, Laws for eternity, and levelled them to the dust, then the worst of all our Kings or former Council-tables ever did? Deprived the whole Nation, and every particular Free-man in it, of all future benefit of our Laws, Statutes and Courts of Justice, for their just relief against this intolerable Oppression; and thereby reduced us to the condition of the most slavish, captivated, fettered Bond-slaves and conquered Vassals under heaven, without any visible means or hopes of future enfranchisement, under a pretext of fighting for, maintaining, protecting, enlargeing our former properties and freedoms & to a more miserable, sordid, servile condition, than either we or our Ancestors sustained under the worst of all our Kings and their most pernicious Counselors; who never in any age attempted, tither to make or impose such Extravagant enslaving Ordinances or Excises, with such strange penalties, Forfeitures, Imprisonments, Sequestrations, sales, & most unrighteous Monstrous Inhibitions of all legal suites, & means for cheirrelief in Courts of Justice, as they have done: King Charles himself (though condemned, beheaded by them for the worst of Tyrants and Oppressors ) permitting his Subjects free Liberty, to dispute the Legality of Fines for Knight-hood, Ship money, Tonnage, Poundage, Loanes, Excise and other Impositions not—only in his Parliaments, (where they were fully debated without restraint, and Laws passed against them afterwards by his own Royal assent thereto) but likewise in all his other Courts, where they were first brought in question. Yet now in our N • w Free State, under these greatest pretended Patrons of our Laws and Liberties, all Courts, Judges, Justices, and other Officers must conform to these illegal Impositions, and their tyrannical ways of enforcement, without any opposition or dispute whatsoever; and all Counselors, Attorneys, Solicitors and others, must neither argue, nor advise, nor act. in any kind against them. And is this the glorious old ancient English Liberty, Freedom, Property, Law, and free course of Justice, we have spent so many millions of Treasure, so many years of public Consultations, wars, Prayers, Fasts, Tears, and such Oceans of precious Christian Protestant English blood, inviolably to maintain and perpetuate to posterity? If any Free-born English men whatsoever dare publicly aver it, let them do it at the peril of their infamy, execration in all future ages, yea of their own heads and Souls. If they cannot but now absolutely disavow it, let them with shame and indignation disclaim, renounce such illegal Ordinances, Excises, as most detestable both to God and all true-born English free men.
The 2 is, The present continuing Impositions of Customs Tonnage and Poundage upon Goods, Merchandises imported and exported, without any grant thereof by Parliament, by a new Printed Paper, entitled, an Ordinance of March, 23 1653. thus peremptorily imposing them without any Prologue or Inducement to satisfy the people either in Equity or Justice, much less in their Legality in respect of those who thus impose them for sundry years yet to come. Be it ordained by his highness, the Lord Protector, with the advise and consent of the Council, that one Act of Parliament (though no Act at all by any known Laws, Statutes, Law-books, Records, Customs or Constitutions of the Realm, bu • a mere Nullity) entitled, an Act for the Continuation of the Customs, until the 26 of March, 1653, and all clauses and powers therein contained are, and ARE HEREBY CONTINUED, and SHALL and DO STAND IN FULL FORCE UNTILL THE 26 DAY OF MARCH in the year of our Lord 1658. &c. By which these New Legislators, by their own inherent Superlative Power, presume to impose this Tax upon the whole Nation, (without any grant in Parliament) for full 5 years space, not only contrary to the Presidents in all former Kings reigns, who never claimed nor received it, but by special grant in Parliament; but likewise contrary to this memorable Remonstrance, made by the whole House of Commons in the Parliament of 3 Caroli, (never yet Printed to my knowledge.)
Since his time, all the Kings and Queens of this Realm
The King dissolving this Parliament on a sudden, and continuing to take Tonnage and Poundage by his Royal Prerogative without any Act of Parliament, sundry Merchants upon the Commons Remonstrance, refused to pay the same; whereupon their Goods were seised: of which they complaining in Parliament, 16 Caroli, were Voted full Reparations against the Customers, with Dammages for the same. And to prevent the Kings Claim thereunto by right; with all future Demands and Collections thereof from the Subject without grant in Parliament, they Declared and Enacted by three special Acts of Parliament 16, & 17, Caroli, That IT IS and HATH BEEN THE ANTIENT RIGHT OF THE SVBJECTS OF THIS REALM; That NO SUBSIDY, CVSTOME, IMPOST, OR OTHER CHARGES WHATSOEVER OVGHT OR MAY BE LAID OR IMPOSED UPON ANY MERCHANDISE EXPORTED OR IMPORTED BY SUBJECTS, DENIZENS OR ALIENS, WITHOUT COMMON CONSENT IN PARLIAMENT, and that if any Customer, Controller, or any other Officer, or Person, should take or receive, or cause to be taken or received the said Subsidy, or any other Impost upon any Merchandize whatsoever, exported or imported, except the same be due, by Grant IN PARLIAMENT, shall incur the penalties and forfeitures OF A PREMVNIRE, to the which the King gave his Royal Assent. And to prevent any future prescription thereunto by the King, they discontinued it for some time, and then granted it specially from Month to Month, or some short space with sundry limitations, and the penalty of A PREMVNIRE if otherwise received, by several New Acts of Parliament, to which the King gave his assent. These Acts the King himself in his Proclamation of the sixteenth of December, in the eighteenth year of his reign, stiles, THE FENCES OF THE SVBJECTS PROPERTY, received from Us, and understood by Us, as one of THE GREATEST GRACES THE CROWN EVER CONFERRED ON THE SVBJECT; And by that Proclamation, he prohibited all his Subjects, both the payment and receipt of any Monies for Customs, or other Maritine Duties, contrary to this Act, by any Ordinance of both Houses of Parliament; under pain of a PREMUNIRE, and of being likewise proceeded against as ill-affected persons to the Peace of the Kingdom.
Whereupon the Lord's and Commons in their answer to this Proclamation; though they declared; that the intent and meaning of that penal Clause of a PRAEMVNIRE and other Forfeitures (in these new statutes, which likewise disable every person, Customer, Officers who should take or receive, or cause to be taken or received any such subsidy or imposition upon any Merchandize, during his life, to sue or implead any persons, in any action real, mixed or personal in any Court whatsoever,) was only to restrain the Crown, from imposing any duty or payment on the Subjects, without their consent in Parliament: and that it was not intended to extend to any case whereunto the LORD'S and COMMONS GIVE THEIR ASSENT IN PARLIAMENT (which they never did to this New White-hall Ordinance, nor the pretended Act recited in it, therefore the imposers and receivers of it by virtue thereof, without such assent in Parliament, are within the penalties of the aforesaid Statutes:) Yet to avoid the danger of a Praemunire in their Officers, by exacting it only by an Ordinance of both Houses, without a special Act of Parliament; they did by their first Ordinances, impose and demand Customs, Tonnage Poundage and new Imposts, not as a Legal Duty, but only BY WAY OF LOANE, til the Act of Parliament for their future continuance should be assented to by the King: as their Declaration of 31 December 1642. and their Ordinance of the same date, concerning the subsidy of Tonnage and Poundage attest. By what color of Law, Justice, Right, this ancient birth-right of all English Subjects, so lately declared by three Acts of Parliament, to which most of our late and present White-hall Grandees were parties, comes to be lost and forfeited by our contests to preserve it; or how the Customs, Imposts of Tonnage, and Poundage, can be now imposed, continued on, or exacted from the Subjects by any Powers, Officers, or persons Whatsoever, and levied by severest penalties, Forfeitures, Imprisonments, Seisures, by pretext of this White-hal Ordinance, ( though no ways granted by common consent and Act of Parliament,) without incurring a Praemunire; and forementioned penalties, disabilities; or without subverting the Fundamental Liberty, Property, Franchises, Laws, Statutes of the whole English Nation, in a far higher degree then ever in former ages, I cannot yet discern; and all our New Governors, Merchants, Customers, Officers and other persons, who have any Cordial affection, Love, Zeal to their own or the people's hereditary Rights and Privileges, may do well to demure in Law upon it, till they can satisfy their own and other men's consciences therein, to prevent the dangerous consequences of such an ill president to posterity. In the Parliament of 1 H. 4. rot. Parl. n. 32, 33, 34, 36. These were the principal Articles of impreachment exhibited against King Richard the Second; for which he was forced to depose himself, as unfit to Govern, and resign up his Crown to King Henry the Fourth. That whereas the King of England out of the profits of the Realm, and the Patrimony belonging to his Crown, might live honestly without oppression of his people, so as the Kingdom were not burdened with the extraordinary expenses of war, that this King during the Truces between the Realm and the Adversaries thereof; gave and squandered away a great part of the Crown-Lands to unworthy persons, and thereupon exacted almost every year, so many Taxes and Grants of Ayde from his Subjects of the Realm, that he thereby GREATLY and TOO EXCESSIVELY OPPRESSED HIS PEOPLE, TO THE IMPOVERISHING OF HIS REALM. That the same King being unwilling to keep and defend the just Laws and Customs of his Realm, and to do according to his pleasure, whatsoever should suite with his desires, frequently when the Laws of his Realm were expounded and declared to him by the Justices and others of his Council, who requested him to administer Justice according to those Laws, said expressly with an austere and frownning Countenance, THAT THE LAWS WERE HIS more suo, AFTER his own MANER; and sometimes, THAT THEY WERE IN HIS OWN BREAST, and THAT HEE ALONE COULD ALTER and MAKE THE LAWS OF HIS REALM, And being seduced with this opinion, he permitted not Justice to be done to very many of his Liege people, but compelled very many to cease from the prosecution of common Justice. That when as afterwards in his Parliament certain Statutes were made, which might always bind, till they were specially repealed by another Parliament, the same King desiring to enjoy so great Liberty, that none of these Statutes might so bind him, but that he might execute and do according to the pleasure of his own Will, which he could not do of right; subtly procured such a Petition to be presented to him in his Parliament, in the behalf of the Commons of his Realm, and to be granted to him in the general; THAT HE MIGHT BE SO FREE AS ANY OF HIS PROGENITORS WERE BEFORE HIM. By color of which Petition and Grant, he frequently did, and commanded to be done, MANY THINGS CONTRARY TO THE SAID STATVTES NOT REPEALED, GOING AGAINST THEM EXPRESLY, and WITTINGLY, AGAINST HIS OATH AT HIS CORONATION. That although by the Statutes and Customs of his Realm, in the summoning of every Parliament, his people in every County of the Realm ought to be free, to elect and depute Knights for the said Counties to sit 〈◊〉 Parliament, both TO RECEIVE their GRIEVANCES, and TO PROSECVTE REMEDIES THEREUPON, AS IT SHALL SEEM EXPEDIENT TO THEM; yet the said King, that he might in his Parliament be able to obtain the effect of his rash Will, frequently directed his Mandates to his Sheriffs, that they should cause to come to his Parliament CERTAIN PERSONS NAMED BY THE KING HIMSELF, AS KNIGHTS OF THE SHIRE; Which Knights verily favoring the said King, he might easily induce, as he frequently did, sometimes by divers threats and terrors, and sometimes by gifts, TO CONSENT TO THOSE THINGS WHICH WERE VERY PREJVDICIAL TO THE REALM, and VERY BVRDENSOME TO THE PEOPLE; and specially, TO GRANT TO THE SAID KING A SUBSIDY FOR CERTAIN YEARS, TO THE OPPRESSING OF His People overmuch. That although the Lands and Tenements, Goods and Chattels of every Freeman, by the Laws of the Realm used in all former ages past, ought not to be seized, unless they had forfeited; Yet notwithstanding, the said King purposing & endeavoring to enervate these Laws, in the presence of very many of the Lord's and Commons of this Realm frequently said and affirmed, That the Life, Lands, Tenements, Goods and Chattles of everyone of his Subjects, are at his will and pleasure, without any Forfeiture (by the known Laws ) which is altogether contrary to the Laws & customs of the Realm aforesaid. Whether all these high Misdemeanors charged against King Richard, have not been revived, and acted over and over both by words and deeds in a far higher degree than ever he was guilty of them, by some late, present Whitehall Grandees, Army-Officers, New Instrument-makers, Legitors, and Imposers of Excises, Customs, Imposts, Tonnage, Poundage, Contributions for many years yet to come; and of that constant Annual Revenue projected, intended by them in their 27 Article: I remit to their own judgments, consciences, and our whole Kingdom to resolve, and what they demerit for such extravagant high offenses, for which he lost Crown and Regal power, let others determine.
The 3. particular, is their late incumbent Imposition of 6. Moneths new Contribution, by a mere Self-enacted Whitchall Jurisdiction, without any consent, grant, in or by the People in Parliament, by that they entitle, An Ordinance of the 8. of • une 1654. beginning thus (in a most imperial Style, transcending all former Acts of Parliament, granting or imposing any Subsidies) without any Prologue to sweeten it, or court the people to its ready payment.
Be it Ordained and Enacted by his Highness the Lord Protector▪ with the consent of his Council, and it is hereby Ordained, That towards the maintenance of the Armies and Navies of this Commonwealth An Assessement of one Hundred and Twenty Thousand Pounds per Mensem for Three Monethe, commencing the 24 of June, 1654 and ending the 29 of Sept. following, shall be Taxed, Levied, Collected and Paid in England and Wales in such sort as is hereafter expressed. The full sum of the said Three Months Assessment of One hundred and twenty thousand pounds by the Month, to be at once wholly collected and paid in to the Receivers General at or before the tenth day of October next, &c. The Levying thereof upon the refusers hath been by distress of Goods by Soldiers, Troopers, and quartering them on the refusers till payment, and double the value many times paid to, and exacted by the Soldiers for their pains; adjudged (even by some of our New Grandees Votes who prescribe such Taxes and ways of levying them) to be No less then High Treason, and levying War in Straffords case, for which principally he was condemned, and lost his head on Tower Hill, as a Traitor.
In this New Whitehall Tax without a Parliament (intended as a leading President to bind the whole Nation in perpetuity, if now submitted to, as the 27 Article intimates) there is a double violation, subversion of the Fundamental Laws and Properties of the Nation in the Highest degree. The first, is by the reviving, imposing of Ship-money on the whole Realm, and all Inland Counties, as well as Maritine, for the Maintenance of the Navies by Sea, (which should be maintained only by the Customs) and that in a far higher proportion than the Ship-money imposed by Writs by our late beheaded King; amounting to no less than Forty thousand pounds per Mensem at last, by way of Contribution alone, besides the Customs, Tonnage, Poundage and Excise paid towards it.
This Imposition of Ship-money, by the late King, (though ratified with the advise and consent of his Council, many colorable Presidents, Records in all former ages, and the precedent Resolution of all his Judges, under their hands, as just, and legally imposed in case of Necessity and Public danger only, without consent in Parliament ) together with the Judgment and Proceedings of the Judges in the Exchequer Chamber in justification thereof, were in the last Parliament, after solemn debate, by the Votes and Judgments of both Houses, on the 20. Ian. and 26 February, resolved (Nemine contradicent • ) To be contrary to the Laws and Statutes of this Realm, contrary to the Rights and Properties of the Subjects of this Realm, contrary to former Judgments in Parliament, contrary to the great Charter and to the Petition of Right: and voted to be so declared by the Judges at the Assizes in the several Counties; the same to be entered and enrolled in the several Counties by the Clerks of the Assizes. After which, it was forever damned by a special Act of Parliament, to which the King himself gave his Royal assent, (afterwards cited and enforced by both Houses. Exact Collection p. 886. 887. in the case of the Array.) And those Judges who argued, That the King might lawfully impose Ship-money on the Subjects, without a Parliament in cases of Danger and Necessity, of which they affirmed him to be the sole Judge; were by all impeached by the House of Commons of High Treason, for these Opinions of theirs; whereby they traitorously and wickedly endeavored to subvert The Fundamental Laws and established Government of the Realm of England, and instead thereof to set up an Arbitrary and Tyrannical Government against Law; of which at large before. How any present Powers or Persons then, can either impose, justify, levy, enforce it upon any Pretext of Necessity, or public Danger, on the whole Nation, after all these late Resolutions, Judgments, Votes, Impeachments, and a special Act of Parliament so fresh in memory (especially such who were parties to them) without incurring the self-same Impeachments and guilt, as these Ship-money Judges did, or a severer Censure then they sustained, let their own Conscsences, and those who may on • day prove their Judges, resolve them at leisure, being past my skill to do it?
The 2. is, By the imposing of a direct heavy Tax, Tallage, and Monthly contr • bution, and that only ( for the Maintenance of such a Land Army, which hath offered force unto the Members of both Houses, subverted, destroyed that Parliament, Government, Laws, Liberty, for whose preservation they were specially raised, Commissioned, engaged) without, yea against the Peoples assent in Parliament: which no King of England, with the advice and consent of his Council, had ever any Right or Power to do, or audacity enough to attempt, no not William the Conqueror, C • nute, Henry the 4th. Edward the 4th. or Henry the 7th, who came principally by power of the Sword, to their Sovereign Regal Authorities. By what Justice, Power, Legal Right, any other person or persons whatsoever, who are neither rightful Kings, nor Parliaments of England in their own or others repute, can either impose, levy, exact such extravagant Heavy Taxes, Contributions, from the exhausted Free-born People of England, (especially being now pretended new Free State,) against all our Fundamental Laws, Statutes, Franchises, Charters, Properties, Liberties, Records, Parliamentary Judgments, their own late Remonstrances, Declarations, Votes, the Presidents of all former ages, yea of all our Kings coming in by the Sword to their Thrones, let the Imposers of them seriously advise, as they will answer it at their utmost peril to God, Men, and the whole English Nation; who expected better things from them, even a total final exemption from all such illegal Burthens, after all their late Wars, Agonies, Expences, to redeem and preserve their Laws, Liberties, Estates, Properties, Posterities, from such exorbitant Oppressions, diametrically contrary to all the forecited Judgments. Resolutions, Remonstrances, Statutes, Votes, Presidents, and sundry others, which I shall hereafter insist on in the third Chapter of this Treatise to which I must refer you: And shall we not then adventure a distress, a Prison, quartering upon, or any other Duresse, yea Death itself, rather than volutarily submit our selves and Posterities backs thereto, when as we spend our Bloods, Lives, Treasures, against lesser, easier, Royal Impositions? How shall we answer it to God, Men, or our enslaved Posterities, if we now most safely, unworthily submit thereto in perpe • uity, without the least legal, strenuous, public oppression or debate of its legality.
If any here allege (as some men do) in Justification of these three, (or rather four) forecited kinds of illegal universal Taxes, imposed, levied, on the whole Nation, without consent of Parliament; That they are all warranted by the Instrument of the new Gevernment, Article 27, 28, 29. That a constant yearly revenue shall be raised, settled and established, for maintaining Ten Thousand Horse and Dragoons, and Twenty Thousand Foot in England, Scotland, and Ireland for the Defense and security thereof, and also for a convenient number of Ships for guarding the Seas, besides two hundred thousand pounds per annum, for defraying other necessary charges, for Administration of Justice, and other expenses of the Government, which Revenue shall be raised by the Customs, and such other ways and means which shall be agreed u • o • . By the Lord Protector and Council; and shall not be taken away, or diminished, nor the way agreed upon for the raising of the same altered, but by consent of the Lord Protector and the Parliament. That the said yearly Revenue shall be paid into the public Treasury, and issued out for the uses aforesaid. That in case there shall not because hereafter to keep up so great a Defense at Land or Sea, but that there be an abatement made thereof; The Money which shall be saved thereby, shall remain in bank for the Public service, &c. All which they, in the True state of the Case of the Commonwealth, p. 43, 44, commend, for a most excellent Provision, A co • stant Revenue, A Public Bank or Treasury upon all occasions, &c. which they intend to perpetuate on the whole Kingdom, without end or abatement, as well in times of peace, safety, as of war and danger. Therefore the Protector and his Counsel at Whitehall in pursuance hereof, may lawfully impose (by virtue of these Articles) both Excise, Customs, Tonnage, Poundage, Ship-money and contributions, for these ends upon our three whole Kingdoms and all the Freeborn English by printed Ordinances of their own, in what Proportions, and for what time they please (yea and for perpetuity) without consent or grant in Parliaments, and restrain all future Parliaments, both from taking away, or diminishing them, or altering the way agreed on for their raising, without their Protectors consent thereto; (as the express words run, and their practice yet expounds them:) notwithstanding all former Laws, Statutes, Charters, Resolutions, Judgments, Remonstrances, Oaths, Vowes, Declarations, Presidents) either in or out of Parliament) to the contrary.
To this I answer, first, that I cannot but stand amazed to hear any Army-Officers, Soldiers, Lawyers, or persons in present trust or power, who bear the name or hearts of English Freemen, Saints, Christians, Lovers, Patriots or Protectors of their Native Country of England, its Parliaments, Laws, and Liberties, to make such a stupendous irrational objection, as this, which justifies all the exorbitant Opinions, Proceedings, Taxes, Oppressions, Impositions, of our late beheaded King, Strafford, Canterbury, the Ship-money Judges, old Whitehall Council Table, yea all our other former Kings, and their evil Counselors most irregular Exaction of money in all ages from Brute till now; and will render the very worst of all our Kings, if compared with our late and present Tax-masters, and pretended Assertors of our Liberties, rather good, gracious, just, righteous, Princes, Benefactors, than Tyrants or Oppressors, for the future, seeing they never out of Parliament imposed, enforced on their subjects any such heavy, various, perpetual Taxes, Imposts, Excises, Ordinances, or new Articles of the Government • , as these forecited.
2ly. This Objection (if admitted just or solid) gives a private Cabinet • uncto, of obscure persons (yet unknown by name unto our Nation) a Superlative, Super-Parliamentall Authority, to contrive and set on foot, a new devised Instrument, to undermine and blow up all our former fundamental Laws, Customs, great Charters, Liberties, Franchises, Properties, Parliaments, former frame of Government at one crake, after all our late bloody, costly contestations for their preservation, both in the Supreme Courts of Public Justice, and fields of War, without our privities or consents thereto, either in or out of Parliament, contrary to all their and our Protestations, Oaths, Covenants, Commissions, Trusts, Promises, Pretences; And instead of English Freemen (as we were before these contests and wars) to strip us quite naked of all our former Freedoms, Liberties, Properties, Customs, Rights, derived to us from our Noble Ancestors, as the purchas of their dearest blood & render us & our Posterities for the future, the most absolute Issachar’s, Vassals, slaves under Heaven, inthralled to all sorts of intolerable, illegal, unpresidented, incessant, endless Taxes of all kinds, without hopes of alteration or mitigation by any future Parliaments, (without their Protectors or his Successors voluntary consents, which they cannot expect) and to a constant standing Mercenary Army of Horse and Foot, by Land, and Navies of Hirelings by Sea, to keep us and ours in perpetual Bondage under such New irregular Successive Tax-Masters; who must elect their successors like themselves.
3ly. All our former ancient Laws, Statutes, Parliaments till now, in all changes, Revolutions of State or Government, ever constantly asserted, maintained, provided, That no Tax, Tallage, Custom, Contribution, Impost, Subsidy, Charge, Excise, Loan or Payment whatsoever, should be imposed on the Freemen of England, without their common consent and grant, in full, free, lawful English Parliaments; and if any were imposed otherwise by any Power or Pretext whatsoever out of Parliament, that it was Null, and void to all intents, to bind the people. But these Monstrous Articles quite turn the scales; impowring a few private persons (neither elected nor intru • ted by the people for such ends) by color of this ill tuned Instrument (contrived privately by themselves alone, as most conjecture, for their own self-interests ) to impose perpetual Imposts, Excises, Customs, Contributions of all kinds, on our whole three Kingdoms and Nations, which neither they, nor their Parliaments (though never so grievous, extravagant, unreasonable or oppressive) shall have power to take away, diminish, alter, or regulate in the forecited illegal, oppressing, violent ways of levying them, unless their Grand Sovereign Lord Protector, shall first give his consent thereto; (which they cannot expect, nor enforce,) and in call of his refusal, they are utterly left remediless; he having Thirty thousand armed Mercenary Horse and Foot in several Quarters by Land, and a strong numerous. Navy by Sea at his command, to keep them under endless Tributes to him and his Successors forever. O England, England, (to omit Scotland and Ireland ) consider seriously, and timely, to what a blessed Liberty, and long-expected freedom, this New invented Instrument and the Irish Harp, lately quartered with the English bloody Cross, as our Free-State Arms, hath now at last reduced thee, if these objected Articles must remain inviolable, maugre all our Laws, Statutes, &c. to the contrary; as our New Tax-masters and their Instruments, both literally and practically conclude, unless you use your uttermost, lawful, present, diligent, joint Endeavors to prevent it 〈…〉
4ly, The whole House of Commons, yea some who were parties to this Instrument, lately impeached and with the Lord's • ouse, by judgment of Parliament condemned, beheaded the Earl of Strafford, and Archbishop of Canterbury, as guilty of High Treason; in subverting our Fundamental Laws, Liberties, and setting up an arbitrary Tyrannical Government; for resolving at the Council Table, beforehand, To assist the King to raise Monies on the Subjects to carry on the Wars against the Scots, by extraordinary ways, in case the Parliament should prove peevish, and refuse to grant such Subsidies as they demanded of them. And for Straffords affirming, That Ireland was a Conquered Nation, and that the King might do with them what he pleased: That they were a Conquered Nation, and were to expect Laws as from a Conqueror. And that he would make an Act of Council board in that Kingdom of Ireland, as binding as an Act of Parliament. And do not the Objectors, Contrivers of this New Instrument Articles, and those who now vigorously put it in execution in any kind (as too many do;) speak out, and do as much, as bad, as they in each of these particulars; nay far more and worse? Do not they (after the late violent breaches of our former Parliaments, and their own Junctoes by the Army) raise monies in more vast proportions, by more irregular, violent, extraordinary ways, by longer continued Taxes, Excises, Impositions, and constant yearly Revenues, then they ever did or designed, quite out of Parliament, by their own arrogated Legislative Tax-imposing Power? Do not they by this very Instrument, proclaim to all the world, that not only Ireland and Scotland, but England itself, is now a mere Conquered Nation? that thereupon they may do with us what th • y please; and we must not only expect, but receive Laws from them as Conquerors; having already published whole Volumes of New-Laws and Ordinances of all sorts at their New-erected Council board (which the Old never did) and made them as binding, not only to Ireland, but England and Scotland too, as an Act of Parliament? yea far more binding than any Parliament Acts, by binding the hands, power of future Parliaments themselves, and our three whole Nations (as aforesaid) and that in Perpetuity (which no Parliaments, nor Acts of Parliament can do ) and by repealing, nulling all our former Fundamental Laws, Charters, Liberties, Free Government made by Parliaments, with our very Parliaments themselves? And if so, let the Objectors now seriously consider both the Treasonableness, unparliamentalness, sad Consequences of this Objection, and what ill effects it may produce in present or future ages.
5ly, The Statutes of 25 E. 1. c. 2. & 42 E. 3. c: 2. yet in force, declare All judgments given or to be given by the Justices, or any other, contrary to the points of the Great Charter, to be void and holden for Nought: and if any Statute be made to the contrary, it shall be holden for none. Therefore these Instrument Articles, and Paper Ordinances made by color of them, in direct opposition to, and subversion of the points of the Great Charter, and all other Acts for their confirmation, must needs be holden for naught and void to all intents, to bind this whole Free-born Nation, or any one Freeman of England in particular.
6. If these Articles and Instrument (for the premised reasons, and defect of Legal power in the yet unknown Instrument-makers ) be not void in Law, to all intents and purposes, as all wise men repute them; yet other clauses, and Articles of this very Instrument, (admit it valid and obligatory to our Nations ) give a fatal blow to all the forementioned Excises, Impositions, Contributions by color thereof, and to the Objected Articles.
First the Prologue to the Oath, at the close thereof, proclaims the Government settled by it, to be such, as by the blessing of God might be lasting, secure Property, and answer The Great Ends of Religion and Liberty, so long Contended for: But these Articles (as the Objection and premises evidence) do no ways secure, but utterly subvert all Property, in the highest degree; and answer not, but eternally frustrate, abolish, the Great ends of our Religion (condemning all illegal, unrighteous Taxes and Tyrannical, Usurping, Oppressing arbitrary Powers ) but especially of our Liberties, so long contended for; and are rather likely to raise new troubles and unsettlements, than make the Government lasting (as many late Presidents, with those ancient ones in Dr. Beard his Theatre of God's Judgments, l. 2. c. 36. to 42. may persuade us:) Therefore it must be exploded, as repugnant to the whole scope of the Instrument.
2. The 6. Article of it is fatal and destructive to the objected Articles; viz: That the Laws shall not be altered, suspended, abrogated, or repealed, nor any New Law made, Nor any Tax, Charge, or Imposition laid upon the People, but by common consent in Parliament. Save Only, as is expressed in the 30th Article (not 27.) Now these objected 27, 28, 29 Articles, being diametrically contrary to every word, clause of this 6 Article, and agreeable to our Fundamental Laws (which the last clause of the Oath obligeth their Protector and his Successors to maintain, and to govern the People by ) which Laws must be all altered, suspended, abrogated, repealed by these Articles alone, if reputed valid; in giving Power to them, to impose any Tax, Charge, Imposition upon the People, without common consent in Parliament; and being not within the saving of this, or the 30th Article, must needs be void and repealed by this very sixth Article, and the Oath itself.
3. The 30th Article following them, diametrically contradicts, repeals them in these words. That the raising of Money for defraying the charges of present extraordinary Forces both by Land and Sea, in respect of the present wars, shall be by consent of Parliament: Save only, that the Lord Protector, with the consent of the Major part of the Council, for preventing the disorders and dangers which may otherwise fall out both at Sea and Land, shall have power until the Meeting of the first Parliament (on the 3. September 1654.) to raise Monies for the purposes aforesaid. The former part of this Article is consonant to, and expounded by the 6. forecited, which is more general: and the plain sense thereof is this. That all monies raised for defraying the Extraordinary Forces both by Land and Sea (exceeding the ancient standing Garrisons, Guards maintained by the old constant Revenues of the Crown, without any Tax upon the People) shall be by consent of parliament. Therefore a fortiori; all perpetual standing Taxes, Excises, Contributions to maintain the ordinary and extraordinary Forces by Land or Sea, and ordinary expenses of the Government (which, in respect of their constancy, permanency, are far more grievous, dangerous to the Subject than rare extraordinary ones upon emergent occasions) must and ought not to be imposed by their new created Power out of Parliament, after the 3 of September.
It any here object; That the latter clause of the 30 Article Save only, &c. Authorized those at Whitehall, without a Parliament, to impose Excises, Taxes, Customs, (Impositions, Contributions forementioned, and any other constant annual Revenue they shall settle, according to the 27 Article; so as it be done before September 3. 1654. Therefore they are all lawful, because imposed before that time by their printed Ordinances forecited.
I Answer, 1. That this saving, is utterly void in law, to all intents, 1. Because it is not only contrary to all our Fundamental Laws, Great Charters, Statutes, but repugnant to the body of the 6 Article, and first part of the 30▪ to which it is annexed. 2. Because it assigns the Legislative Tax-imposing Power (the inseparable incommunicable Jurisdiction of our Parliaments alone) to a new Whitehall Council, by a void instrument made out of Parliament for a certain time, which biggest Sovereign power, the Parliament itself neither legally may, nor can, nor ought to transfer by any Ordinance or. Act of Parliament to any Committee of their own Members, no not for a moment, as is both resolved and declared by Act of Parliament. 1 H. 4. c. 3. and Rot. Parl. 1 H. 4. n. 26, 48, 6 6, 70. 31 H. 8. c. 8. 34 H. 8. c. 23. and 1. E. 6. c. 12. it being derogatory and destructive to the free State power, Rights of Parliaments, tending to the great incommodity of the whole Realm, and of pernicious example to Posterity, as the whole Parliament of 1. H. 4 long since resolved in positive terms.
2ly. This saving is just like the Popes old Detestable Non Obstante, at the close of their Bulls; quae omnem subvertit praehabitam Justitiam, which subverted all the Justice and Privileges granted before to any in the Body of those Bulls; and as pernicious as that Proviso, which the House of Lord's desired at first, to have inserted into the Petition of Right, which would have made it Felo de se, because it insinuated that the King by his Sovereign power where with the Law had entrusted him, for the protection, safety, and happiness of his People might impose any Aid, Tax, Tallage, or charge upon his People without a Parliament, though by his ordinary power he could not do it. which had left the Subjects in worse case than it found them, and wholly destructive to itself in all the parts thereof: whereupon after a conference had concerning it by the Commons, it was totally rejected by both Houses; as this Salvo must be for the self same reason.
3ly. Admit it valid; yet it gives power to them to raise moneys for the maintenance by Land and Sea, only until September 3. 1654. and no longer; as is evident by the very words themselves; and the Confession, Exposition, (of those who made the Instrument, as most suppose) in their, True State of the Case of the Commonwealth of England, &c. 1654. p. 39. 40. in these words This power is to continue only til the sitting of the next Parliament. Yea George Smith in his new Treatise, entitled, God's unchangeableness, &c. (in justification of the present Governor and Government) p. 54. writes thus; And for his seeking to have power to make Laws, and raise mon • ys, it is mere calumniation. He seeks it not, He claims it not, but leaves it to the wisdom of Parliament, as appears in Artiole 6. (as is thus excepted) for and in Cases of safety and necessity, till the time that this present Parliament was assembled, and yet to be done by him with the advice of his Council, so then he seeks not the strength nor treasure of the Nation, nor to have it in his own power. Therefore they can impose no Taxes, Excises, nor Contributions by their printed Ordinances to continue after its beginning; nor by any future Ordinances (as they term them) after that time. Now the first Tax of Excise, forementioned, is imposed till the 26 of March 1655 which is 7 months after the 3 of September 1654. The 2 of Customs, Tonnage and Poundage, is continued til the 26 of March 1658, which is 3 years and 7 months after this 3 of September. And the 3 for the 6 Months Contribution reacheth till the 29 of December 1654, which is near full 4 Months after the first sitting of that their next Parliament: And any constant yearly Revenue settled by them, will far exceed this limited time, and all former Taxes: Therefore all these premised, and all other future Excises, Customs, Impost, Contributions by pretended Ordinances for their levying after the 3 of September, exceeding the power and time limited by this Saving, must be void, and no ways warranted by the very Saving itself, and to be opposed as such.
4ly. To say, That although these several impositions continue after the 3 of September 1654, yet they were imposed by their Printed Ordinances before it; therefore within this Saving is a most absurd excuse and shift, repugnant to the words, yea wholly destructive to the 6 Article, and first part of the 30, For by this reason had their forecited Ordinances (or any other dormant or future Antedated ones yet unpublished) imposed Excises, Customs, Tonnage, Poundage, Contributions on us for twenty, fifty, an hundred, or a thousand years yet to come, before the 3. of September, they must have been binding to us and our Posterities, during all that space, and unavoidable by the people, or future Parliaments, by this Saving and exposition of it. But the words of this Saving, giving only Power to raise Monies until the Meeting of the first Parliament; not to make New Edicts any time before it to impose and continue Taxes for any time or years after it, (which would have forestalled, affronted the next and all future Parliaments in their proper work, of granting, regulating all future Taxes (according to the 6. and 30. Articles) and made them mere Cyphers:) clearly takes away this evasion; with all their former and future Whitehall Impositions after the 3 of September; as contrary both to their Instrument and Oath.
5ly, The words of the 30th Article whereto this Saving refers, are observable, That they shall have power until the meeting of the first Parliament, to raise Monies for defraying the Charges of the Extraordinary Forces both at Land and Sea, In respect of the present Wars: To which, for the purposes aforesaid, in the Saving relates. But the present Wars being many Moneths since ended, both by Land and Sea, by the Peace concluded with Forreign Nations: and so no need, nor use of Extraordinary Forces to be still continued by Land or Sea; the ancient Trayned Bands and Militia of the Realm, being now well able to defend, secure us at their own cost, without any Mercenary Forces, Excises or Contributions, only to pay them; the power of raising Monies in this Saving, with the grounds thereof, are now at an end, as well as our Warrs; and the whole 27 Article too: Since the old standing Militia, and Trayned Bands of the 3. Nations, will be a sufficient Safeguard to them, without our Mercenary Army or Forces; which usually prove Treacherous Supplanters, Usurpers; Oppressors to all who rely 〈◊〉 them; whereupon our prudent Ancesters, since 〈◊〉 gernes usurpation, entrusted their Militia and Defense of the Realm, only in the hands of the Nobility, Gentry, Freeholders, and persons of best ability and estates, not in Mercenary Armies (which supplanted the Britons: ) And our Wars now ceasing, the ancient Revenues, Lands, Customs of the Crown, and Perquisits of the Courts of Justice, will be sufficient to defray all the Ordinary expenses of the Government, Navy, old standing Garrisons, (if continued, though useless) Officers of State and Justice, as they did in all former ages, and still ought to do, for the people's ease and benefit.
6ly, It hath been the special policy, care of our prudent Fore-fathers and wise Parliaments, never to grant any annual Tax or Charge (except Tonnage • and Poundage in some cases for a limited time) for Public Defense, unto their Kings and Governors; nor usually to give them above Subsidy, or one or two Fifteens, or a single Escuage, and sometimes not so much, in any one Parliament, upon any extraordinary occasion or necessity, and that upon these Grounds. 1. Because extraordinary Aydes, ought to be granted only for, and proportioned to extraordinary, present, emergent Necessities, visibly appearing; which being not lasting, but momentary and various one from another, no standing certain Contribution can or ought to be allotted for them, but only a temporary and mutable; the ordinary settled Crown Revenues being sufficient to defray all ordinary expenses, without other Aydes. 2ly, To keep a perpetual tie upon their Kings and Governors, to summon frequent Parliaments, and redre • s all their Grievances in them, before they should receive any Grant of new Ayds or Subsidies from them, to supply their public Necessities; to preserve a Power and Right in Parliaments to examine the grounds and present necessity of all Taxes demanded: and to take an Account how former Taxes, & the Kings Revenues had been disbursed, before they granted new ones: All which the granting of standing annual Aydes for public Defense would frust •• e. 3ly, To prevent the encroaching of a constant Charge and Revenue on the People, which if granted but for years, life; or but twice or thrice in the same kind and proportion, without alteration, though but as a free gift in Parliament, would thereupon be claimed, exacted from them afterwards, as a mere just annual Right and Revenue, without their future grants, as Danegeld, was by some of our Kings of old; Imposts once granted, by Edward the 3. and other Kings heretofore; and the Customs of Tonnage & Poundage by King Charles of late. 4ly, To avoid all unjust Oppressions of the people by imposing on them more Taxes at once than the present urgent necessities required. 5ly, To prevent the inhaunsing, doubling of Taxes by any new dangerous Presidents; Sir Edward Co • k observes in his 4 Institutes, p. 33. That the Commons never used to give above one Temporary Subsidy, and two Fifteens, in any one Parliament, and sometimes less; till the Parliament of 31 Eliz. which gave 2. Subsidies, and 4 Fifteens; upon which first breach of this old circle and usage, their Taxes still increased afterwards by degrees; for in 35, & 39 Eliz. they rose to 3. Subsidies, and 6 Fifteens: in 43 Eliz. to 4 Subsidies and 8 Fifteens: in 21 Jacobi to 3 Subsidies, and 6 Fifteens, in shorter time then had been before: in 3 Caroli, to 5 Subsidies in shortest time of all: and now of late, to constant annual Imposts, Excises, & endless Monethly Contributions, amounting to at least 3 Subsidies every Moneth. 6ly, Because a standing extraordinary Tax (especially for years or life) when once claimed or received as part of the public Revenue, would be hardly relinquished, or discontinued, without much contest, and danger; as appears by Danegeld of old, and Tonnage, Poundage, Excise, Monthly Contributions of late imposed as of right upon us, by every new upstart Power; and when once customarily claimed, collected as a Duty, will no ways ease nor exempt the people from new Extraordinary Aydes and Taxes. This is evident by that memorable President concerning Abby-Lands, in King Henry the 8 his reign, settled on him as a large annual standing Revenue, of purpose to defend the Realm, and ease the People from all future Aydes, by the Parliaments of 27 H. 8. c. 28. 31 H. 8. c. 13. 32 H. 8. c. 14. Yet were these Lands no sooner settled on the Crown for these ends, but in the same Parliament of 32 H. 8. the King demanded and • ad of his Subjects, one extraordinary Subsidy both of the Clergy and Laity; and 34 H 8. c. 16, 17. & 37 H. 8. c. 24. he demanded and had the like Subsidy of them again: and his Successors the like and greater Subsidies every Parliament since. The like we see in the Case of Tonnage and Poundage, granted only for the Defense of the Seas and Realm against Foreign Enemies & Pirates: Which no sooner taken by the late King, as a standing Revenue of the Crown, but he exacted and levied against Law, a New annual Tax of Ship-money, to guard the Seas, for which very use he received Tonnage, Poundage, and the ancient Customs; as our late Governors did, and present do; together with new Imposts and Excises; and yet impose Land rates of Forty thousand pounds a Month besides, to Maintain the Navy. To instance in one particular more: Our late new Governors made sale of all Archbishops, Bishops, Deans, Chapters, Delinquents, Kings, Queens, Princes, and Sequestred Lands and Goods, both in England, Scotland, and Ireland, one after another; under pretext, to ease the People in, and of their heavy Taxes: But what was the issue? all their Taxes, Excises, and other Impositions were still continuep on them, without any intermission or diminution, nay advanced higher than ever, to 120 thousand pounds Contribution by the Month for England, besides Scotland and Ireland, even whiles all these Lands and Goods were selling; the Lands and Goods sold, consumed, without any public Account yet given of the Monies, or their disposal; or any present ease to the oppressed people: and the ordinary standing Revenues of the Realm being now by this means decayed, dissipated, and almost brought to nothing; these New Projectors and Dissipators of this vast public Revenue; instead of easing, by color of this Instrument, resolve to impose upon the undone, long-oppressed Peoples gauled, broken backs and Estates, such perpetual constant, annual Taxes, Excises, Imposts, Revenues as you have heard, for the Maintenance both of the Army, Navy, Administration of Justice, and other ordinary expenses of the Government; which no Kings of England ever yet received, or pretended to. Which if any future Parliaments shall be so mad, or improvident once to settle, or the Kingdom not unanimously to oppugn; if settled by them without a Parliament, instead of easing of the People of their long insupportable Taxes, now their wars are ended; in all succeeding Parliaments, they shall still be burdened with new extraordinary Taxes, upon new pretended extraordinary occasions, and Forces raised (as the words of the 30 Article, compared with the 27 and 29, declare) as if this new constant revenue had never been settled; and if our Parliaments refuse to grant them, these New Projecting Tax-Masters (who must dispose of all the moneys in the intervals of Parliaments ) will impose and levy them at their pleasure, by their Supertranscendent usurped Tyrannical Power and Sword men, and dispose of them as they please without a Parliament, as they have already done, without rendering any other public Account to the people thereof, than hath hitherto been given to them of all the many millions of Treasure already extorted from them of late years, to no other end (as appears by these Articles of our New Government) but now at last, to bring and keep them under perpetual endless Taxes of all sorts, and the intolerable, worse than Turkish Slavery of a perpetual domineering Mercenary Army, Navy, instead of long promised Liberty, ease and exemption from them, till they are all brought to a morsel of bread, and till their private estates be utterly consumed, as well as the public Crown and Church Revenues, yet remaining.
The lad and serious consideration of all which Premises, I humbly submit to the Impartial Judgments, Consciences of our present Governors, Army Officers, Soldiers themselves, how discrepant they are from all their former printed Deolarations; Protestations, Promises, Vowes, Engagements to the People, and what they expected from them; It was the Speech of the Scythian Ambassadors, to Alexander the Grand Conqueror of the world, Nec Servire ulli possumus, nec regnare desideramus. Si Deus es, tribuere mortalibus b • nificia debes, non sua eripere, sic Homo • es, id qu • d es semper esse te cogita, Stultum est eorum memintsse propter quae tui oblivisceris: Let it be all Heroic English Freemens to our pretended Conquerors; who may do well to remember that Hermolaus and other Officers, and Soldiers of Alexanders own Guard, conspired his destruction, after all his Persian Conquests, for this very reason, which they justified to his face, Quia non ut ingenuis imperare caepisti, Sed quati in mancipia dominaris; because he had begun not to reign over them as Freemen, but to domineer over them like Slaves; and because Revelaetions in this age, may be more prevalent with some Men than God's own Oracles, or our Laws; I shall inform our Tax-imposing Governors; that St. Bridget of Sweden in the 8 Book of her Revelations of the Heavenly Emperor unto Kings, cap. 6 records; That she had this Revelation from the Son of God, That Kings and Governors ought to love the People and Commonalty of their Realms: That they then show they truly love them, when they permit them to enjoy their approved Laws and Liberties; when cruel Exactors and Collectors domineer not over them; if they burden them not with new Inventions of Impost, Taxes, and Tributes, nor with grievous and unaccustomed Hospitality, Permanencies or Freequarter; For although for the resisting of Infidels they may humiliter petere auxilium a Populo; humbly request an aid from the People and Commons of their Realms (not imperiously impose it) when there is a necessity; yet let them beware quod necessitas illa non veniat in consuetudinem & legem, that the necessity comes not into a custom and law: For that King (or Ruler) who lays not aside his unjust Exactions, and Fraudulent Inventions to raise monies, and oppress his People, making his reigns and Kingdoms mere robberies and rapines, as most then did, and n • w too) let him know for certain he shall not prosper in his doings, but shall lead and end his life in grief, dismiss his Kingdoms in tribulations; his Son and Posterity shall be in such hatred, reproach and confusion, that all men shall wonder thereat; & his Soul shall be tormented by the Devils in Hell: which she manifests by the example of an unjust Tax-imposing King, damned to Hell, and there tormented by the Devils: For that to retain the Kingdom to himself, and defend it from Invasions, he petended the ancient Revenues of his Exchequer would not defray the Expences of the Government, and Realms defense; whereupon he devised certain new Inventions, and fraudulent Exactions of Imposts, Tributes, Taxes, and imposed them on his Kingdom, to the damage of the Natives, and oppression of innocent Merchants and Strangers; although his conscience dictated to him, Quod ista erant contra Deum, et omnem Iustitiam, et Publicam Honestatem: that these things were against God, and all Justice, and Common Honesty; as our forementioned Excises, Imposts, Taxes are now. Let those who are now guilty of this sin in the highest degree, beware they incur not the self-same temporal and infernal punishments, thus threatened to and inflicted upon others. And let our whole English Nation and their Trustees, upon serious consideration of all the premises, beware how they in any kind, through fear or cowardice, submit their necks or backs to the forementioned illegal Yokes and Burdens, of perpetual standing Excises, Imposts, Contributions, and Taxes, to enslave themselves and their Posterities forever to an oppressing Military New Government, and perpetual Army: For which end I shall only recommend unto their meditation and practice, this observation and policy of our prudent Ancesters, Binus actus inducit Consuetudinem; that a double general submission to, and payment of such exorbitant illegal Taxes, will introduce a customary, future exaction and payment of them; which made them always (as we have greatest reason now to do) peremptorily to withstand the firs, to prevent a second customary, future exaction and payment in like kind; pursuing the Poet Ovid's old sage Counsel, wherewith I shall conclude this point.
How transcendently all the other Fundamental Laws, Liberties, Rights of our English Freeborn Nation have by late and present Governors and their Instruments been infringed, subverted in an higher avowed degree than ever in former ages, by forcible tyrannical Proceedings of all kinds, in breaking open men's Houses, by armed Soldiers, and other unsworn illegal Officers, Excisemen, Sequestrators, both by day and night; seising their Persons, Horses, Arms, Papers, Writings; ransacking their Studies, Truncks, Cabinets, upon false surmises, suspicions; close imprisoning their persons ( by multitudes ) without, before any examination, particular accusation, hearing, trial, in unusual places; and some of them in remetest Isles, Garrisons under Soldiers: Their pressing of men for Land and Sea service, and carrying them away perforce by Soldiers, Troopers, Officers, Mariners, ( like so many Prisoners ) out of their own Counties and the Realm, to unnatural, unchristian Warrs, against their Wills and Consciences: Their disinheriting many Thousands of English Freemen of all sorts, of their Freeholds, Lands, Offices, Fra • chises, Honors, Authorities; spoiling them and theirs of theirs Goods, Chattles, Estates, Lives, in and by Arbitrary Committees, Martial, & other extravagant Courts of highest Injustice: Subverting, Changing our ancient Fundamental Laws, Statutes, and enacting New without the Peoples free consents in Lawfull, English Parliaments: altering the whole Frame and Constitution of our Monarchy, Government, and Parliaments themselves: Depriving the people of the Free election of their Parliament Members, and other Elective Officers, contrary to our Laws, Charters, Usages; securing, secluding the Members of Parliament themselves, by armed Force; dissolving Parliaments by the Sword alone, without Writ or legal power, contrary to Acts and Privileges of Parliament; by erecting New Legislative, Tax-imposing, Self-created Powers, (not elected by the People) at Whitehall and elsewhere, not to be paralleled in any age. By creating New-Treasons contrary to the old ones, and the Statute of 25 E. 3. and condemning, sequestering, imprisoning, executing English Peers and Freemen, only for their loyalty, Duty to their lawful Sovereigns, and defense of the Rights, Privileges, Liberties, Laws of the Kingdom, Parliament, Nation, according to their Oaths, Protestations, League, Covenant, and God's own Precepts, against the public Enemies, Oppugners, Vnderminers, Subvertors of, and Conspirators against them. By making public wars at Land and Sea with our Christian Protestant Brethren, and other Nations; and concluding Leagues, Truces without common consent or advice in Parliament. By alienating, selling, giving, squandring away the ancient Demesnes, Lands, Honors, Rents, Revenues, Rights, Inheritances of the Crown of England, (yea of Scotland and Ireland likewise ) to Officers, Soldiers of the Army, and others, for pretended Arrears, Services, or inconsiderable values; which should defray all the constant ordinary Expences of the Government, public, State Officers, Ambassadors, Garrisons, Navy, Courts of the Kingdom, and ease the People from all kind of Taxes, Payments, Contributions whatsoever towards them (except in extraordinary emergent cases and necessities in times of war, requiring extraordinary expenses for their public safety supplied by Aydes and Subsidies granted only by common consent in Parliament only, and not otherwise) which now must be wholly, or for the greatest part defrayed by the People alone, out of their own exhausted private estates, by endless Taxes, Excises, Contributions ( as appears by the 27, 28, 29, 30. Articles of their New ill sounding Instrument foreinsisted on) whiles others, without right or legal Title, enjoy the old standing Demesnes, Lands, Rents, Revenues and Perquisites of the Crown for their private advantage without any Acts of Resumption ( usual in all former ages ) to keep the Kingdom, Nation from becoming Bankrupts, and people from oppression) which should ease the people of those intolerable constant burdens lately laid upon them, against all Justice, Law, Conscience, and make insufferable wastes, and spoils of the stately Houses, Timber, Wood • , Mines, Forrests, Parkes of the Crown, without restraint, to the Kingdoms extraordinary prejudice; for which they ought to give an Account and make full reparations, if the Earl of Devonshires case, Cook 11 Reports f. 89▪ 90, 91 be Law. And by sundry other particulars (requiring whole Baronian volumes, to recite and specify to the full;) is so well known by daily experience, and multitude of Presidents fresh in memory, to our whole three Nations, that I shall here no further insist upon them. all which experimentally confirm the truth of our Savior's own words. John 10, 1, 10. Verily, verily I say unto you, He that entereth not by the Do • r into the Sheepfold, but climbeth up some other way, the same is a Theef and a Robber; The Theef cometh not but steal and to kill, and to destroy, Whatever his pretences be to the contrary. And this rule of Johannes Angelius Wenderhagen: Politiae Synopticae, lib. 3. c. 9. sect. 11. p. 3. 10. Hinc Regulae loco notandum. Quod omne Regnum vi Armata acquisitum in effectis Subditos Semper in durior is Servatutis conditions arripiat, licet a principio Dulcedinem prurientibus spirare videatur; ( which we now find most true, by sad, sensible experience ) Ide • cunctis hoc cavendum, Ne temere se seduci patiantur.