Legal Medicinal to Recover our Kingdom

A short, legal, medicinal, useful, safe, easy, Prescription, &c.

THe Ambition, Treachery, Turbulency, Avarice, and late infused Jesuitical Principles of some swaying Officers in the Parliaments Army, aspiring after the Supreme Authority, Government, and public Revenues of our three Kingdoms, having so far corrupted their Judgments, seared their Consciences, depraved their Wills, and hardened their Hearts, as openly, frequently to violate all sacred Oaths, Vows, Covenants, Obligations, Trusts, Commissions, Engagements, to the late King, his Heirs and S •• cessors; the old Parliament, Kingdom, Nation; (for whose defense, they were originally raised, Commissioned) and to their own new-created Anti-Parliamentary Junctoes, Conventions, Protectors, and Conventicies, which they have all successively subverted, engrossing the Sovereign Royal, and Parliamental Power into their own hands, opposing and advancing themselves (by mere Treachery, Perjury, Violence, and other desperate ways of unrighteousness ) like that man of sin, and Mystery of Iniquity, above all that is worshipped and called God; making no less then three public Revolutions of our Government, and forcibly dissolving two Parliaments (as they deemed them) of their own modelling, convening, within six Moneths space, last past; and thereby made our formerly renowned Nations, the scorn, reproach, wonder, derision of all the world; themselves the Monsters of Men, the shame of Christianity, Chivalry; exposed our three Nations to the uttermost extremity of danger, by new unpresidented Ataxies, Divisions, Encroachments upon their Hereditary Rights, Liberties, Properties, caused a total decay of all sorts of Trade, Justice, Legal proceedings at home, and occasioned a speedy, much feared Ivasion from our potent combined Popish adversaries abroad, when thus miserably distracted, discontented, impoverished, and totally disabled to repulse them: It is high time for every public-spirited Elishman, in this strange, distracting Confusion, (which hath almost as much divided, discontented all conscientious Officers, Soldiers in the Army, Navy, as the people of all Callings, Conditions) to contribute their best advice, by all just, legal, hopeful, speedy ways, agreeable with the Laws of God, and the Land, and those Rights, Liberties of the people, (the defense whereof all Officers, Soldiers in the Army, have so frequently, constantly avowed they were principally raised, and Resolved to defend, though they have hitherto failed in their promises) to recover us ou • of the Labyrinth of our almost inexetricable • mazing Confusions, settle o • pernicious distractions, and prevent that visible, imm • nent, universal desolation, else likely to fall upon our Church, State, Nation, Rel • gion, beyond all possibil • ty of escape, through the Army Officers rash destructive Counsels, and violations of their Trusts, Oaths, Engagements, both as Soldiers, Christians, and Members of the K • ngdome.

The only just, legal, probable means now left that I can prescribe, both for our Nation, Churches, Armies present and future safety too (if they will cordially and Christianly submit thereto, as they oug • ht in Conscience, Justice, prudence) is,

1. For all the ancient Nobility of the Kingdom (the Hereditary Great Counsel and Counselors of the Nation in all Actual Interregnums, and public Confusions, (as our Historians, Law-books, and the Commons themselves in • he long Parliament Resolved) both by Custom, Law, Right) to assemble themselves by Common consent at Westminster, or so many of them at least, or their Heirs if dead, who constantly adhered to the long Parliament; and there to issue out Writs according to the Statute of 16 Ca • o •• cap. 1. on the third Monday of Nov • mber next, under 12 or more of their hands and Seals, for a free and legal Election of Knights, Citizens, Burgesses, Barons, in every City, County, Borough, Port, according to former usage, to appear at the Parl • ament-house in Westminster, the third Monday in January next ••• suing, at a Parliament then and there to be held, in such manner and form as this Act prescribes; wherein such Proposalls and Counsels may by common consent be pursued, as may through God's blessing, soon restore our pristine Peace, Trade, Honor, Wealth, Prosperity, Felicity, Settlement, and secure us from all future changes.

2ly. For all Freeholders in every County of the Kingdom, at the next County Court in November, to meet together, and make choice of the ablest, honestest, ••• est, stoutest Gentlemen for their Sheriffs, to keep the Peace of the County, command the Militio, suppress all Insurrections, elect, return Knights, Citizens, Burgesses, to serve in Parliament, and execute the Office of a Sheriff; it being their ancient legal Right and Privilege, by special Grants of our Kings, both in and out of Parliament, which none in late, or present power ought to encroach upon, or deprive them of, and they are all now bound to exercise and maintain for their own preservation and safety. This their right I shall clearly evidence beyond contradiction.

1 By the people's ancient Right Edward the Confessors time, or before, in their Folkmo •• to choose an He • etoke (a Baron or person of quality) in every County, in nature of a Ca ••• in, who had the power of the County and Militia in every shire 〈◊〉 et Uicec • mites Provinciatum et Cemitatuum • ligi beb • nt per singu • os Cemitatus in pleno Folkmoto: as Sheriffs of Provinces and Counties ought to be chosen in every County; as you may read at large in Mr. Lambards Arckaion, • . 135 de Hetetochiis; in Sir Henry Spelmans Glossarium, Dux & Heretochius, p. 232, 348 349. My Sovereign power of Parliaments, part 2. p. 24, 25. Cooks 2 Institutes, p. 174, 175.

2 By Rot Claus. Anno 16 Johannes Regis, part 2. m. 2. dorso. Dominus Rex concessit Baro •… ibus suis, Militibus & liber e tenentibus de Cornubia, qued habeant Vicecomitem de aliquo ipsorum ad Electionem eorum. Idem vero Barones, Mi •… ites, & •… ibere ten •… ntes conce •… sserunt Willielmo 〈◊〉 , quod h •… beat Hund •… edum de Estweneleser ad feodi firmam, sibi & haeredibus suis imperpetuum, per dimidium marci Argenti, ad •… estum Sancti Michaelis reddendum.

3ly. By Rot. Pat. An. 5 H. 3. memb. 6. H. Dei gratia &c. Archiepiscopis, Episco i •… , C •… mitibus B •… ronibus, Militibus, libere tenentibus & all •… is omnibus de Com. Corn •… b. salut •… m. 〈◊〉 quod concessimus Vobis quod l •… beram 〈◊〉 electionem el •… gend vobis in Vicecomi •… em nostrum unum de Com. 〈◊〉 . Et ideo veb •… s mandamus quod •… ligatis tres •… ideles & discr •… tes de Com Cornu •… . & illos nobis praesentari fac. apud London in Octab. Clausi Pasche, & nos 〈◊〉 ex illis t •… ibus prout nob •… s placuerit. Vobis dabimus ad 〈◊〉 . Et interi •… s commissimus Com. tatum illum Cornub. cum emnibus illis 〈◊〉 ad 〈◊〉 dilecto & fideli nost •… o Reginaldo de Valle •… orta 〈◊〉 . 〈◊〉 que mind •… mus qualinus eidem Reginaldo us{que} ad piaedictum 〈◊◊◊◊〉 & respondentes in omnibus, tanquam Vic. nostro & 〈◊〉 nostro, 〈◊〉 in 〈◊〉 , &c. T. 〈◊〉 . de Bu •… go, &c. 〈◊〉 Westm. x •… viii d •… e 〈◊◊◊〉 5 0.

4y. By B •… t. 10. H. 3. memb. 4. R •… x 〈◊◊〉 , 〈◊〉 , Prio •… ibus, Comitibus Baronibus, Militibus, 〈◊◊◊〉 & omnibus aliis de communibus 〈◊〉 & 〈◊〉 〈◊〉 . 〈◊〉 q •… od 〈◊◊◊〉 de. Willo: sil Henr. ad V •… c nost •… um 〈◊〉 . 〈◊◊〉 . 〈◊〉 & 〈◊〉 〈◊〉 nost •… um 〈◊〉 . Et ideo vobis mandamu •… quo •… 〈◊〉 Vic nostro 〈◊〉 nobis 〈◊〉 i •… tendentes fitis & 〈◊〉 . In 〈◊〉 &c. Teste Rege apud W •… nton x •… vii die Jan.

5ly. By Mat. Paris, Mat. Westminster, Daniel, and others, who record, That in the 45 year of King Henry the 3d, the King placed new Sher • ff • in every County, displacing the Sheriffs the Barons and people had made; whereupon the people in eve • y County, manfully resisted the Sheriffs, and would not obey, nor regard nor answer them in anything, whereat the King was much troubled. Much less then ought they now to ob • y any Sheriffs obtruded on them by the Army Officers, or any other illegal us • rped power.

6ly. By the Statute of Articuli super chartas, Anno 28 E. 1. chap. 8. The King hath granted to his people, that they shall have the Election of Sheriffs in every Shire (where the Shrivalty is not of fee) if they w ••• And chap. 13. For as much as the King hath granted the Election of S • eriffs to the Commons of the Shire, the King willeth, that they shall choose such Sheriffs as shall not charge them, and that they shall not put in any Officer for rewards or bribes. And that they shall not lodge too oft in one place, nor with poor persons, nor with men of Religion. By which Statutes, (being but confirmations of the people's former rights by custom, or Kings g • an • s 〈◊〉 which some of them encroached, which was the occasion of these acts) all Counties used to elect their Sheriffs: And if they elected any mean or unfitting person, as they sometimes did, He then commanded them by his Writs to choose another who was fit to discharge that Office; witness this memorable Record ensuing.

Cl. 31 E. 2. m. 13. dur •• . Rex Coronatoribus & toti communitati Comitatum Salop. & Stafford. salutem. Cum nuper pro communi utilitate regni nostri inter alia concesserimus populo ejusdem regni, quod habeat si voluerit electionem Vic. in singulis comitatibus dicti regni cum opus suerit Vicecom. praedict. in eisdem, ubi videlicet Vicecomes de feodo non existit. Ac Rieus: de Harleigh p • r vos in Vic. comitatuum praed • ctorum nuper electus, ad officium illud faciendum minus sufficiens est, sicut ex testimonio fidedigno accepimus: Vobis manda ••• quod aliquem qui melius sciat & possit officio Vic. dictorum comitatum intendere & utilior fuerit ad idem of fictum exequendum in Vic. corundem comitatuum pro vobis, si volueritis, eligatis, & ipsum sic electum per aliquem legalem & circumspectum hominem ex parte vestra cum literis, vestris patentibus sub sig •• is sex de discretioribus & probioribus Mil. eorund • m comitatuum Thess. & Baronib. nostris de Scaccario in erastino Sancti Michaelis prox suturi sine dilatione praesente • is, ut ipse tunc ibidem praestito sicut mo • is est sacrament • , extunc ea faciat & exerceat, que ad of sicium Vicecomitis peatinent in come. prudictis. Et habeat • s • bi tunc hoc breve. Scituri, quod si talem per vos electum modo praedicto non praesentaveritis coram prafatis Thess. & Baronibus nostris in crastin • pradicto, praedicti Thes. & Barones extunc nobis de ali • Vicecomite Vobis praeficiendo in defectu vestri providebunt. Teste Rege apud Sarum. wi. die April.

8ly. By Claus. 12 E. 3. pars 2. m. 15. Claus. 13 E. 3. pars 3. dors. 16. Claus. 14 E. 3. pars 2. m. 3. De Uicecemitibus Eligendis per totam Angliani: wherein are several Writs issued authorizing and commanding the people to elect their Sheriffs in every County throughout England, with other Records to the like effect over-tedious to recite at large.

9ly. By Mr. Lambards Archaion. f. 135. and Sir Edward Cooks 2. Institutes on Magna Charta, p. 174, 175, 558, 559, 566. who resolve, That Sheriffs in ancient times were and oft to be chosen by the Freeholders, of the County in the County Court, as Conservators of the Peace, Coroners, Verderers, Constables, Petty Constables, were then and since Elected likewise by the People; as well by the Kings Writs, as without them, in cases of necessity.

Xly. By the constant custom of all Corporations which are Counties within themselves, having power Annually to choose Sheriffs only by the Kings Charters, without any special Writ, as London, Bristol, Gloucester, York, Canterbury Coventry, &c. use to do. Therefore every County in England and Wales, may do the like without any special Writs, being a necessary annual, ancient standing Office, especially in these confused times, when none have any legal Authority to issue out Writs or Commissions to elect or swear Sheriffs, by virtue of the premised Statutes: And the Army-Officers, with other self-created Usurping Powers, may as lawfully obtrude Mayors, Sheriffs, and other Officers on every Corporation of England without their Election, and deprive them of their freedom to elect them; as thrust Sheriffs, Justices of the Peace, Coroners, or other eligible Officers upon Counties; and rob them of this their just ancient right and privilege; now strenuously to be revived, asserted for their common safety, against all encroachments thereon. The Statute of Westminster 1. ch. 5. enacting, declaring, That all Elections ought to be free, and not disturbed by force of Arms under grea • forfeitu • es by no Great men nor others.

3ly. Let all Counties, Cities, Boroughs, Ports, make choice of the wisest, ablest, stout • st, discreetest Persons, such as are best affected to Peace, Settlement, and the Nations publi • e Interest, for their Knights, Citizens and Burgesses; not of raw, inexperienced, timorous, or time-serving, unstable, selfseeking, turbulent men.

4ly. Let all Counties, Cities, Noblemen, Gentlemen, Yeomen, Clergymen, and Freemen of the Nation, unanimously resolve, to obey no new, illegal, tyrannical, upstart Powers, Officers, Conventicles, Committees or Counc • ls of men whatsoever forcibly obtruded on them; nor to execute any of their Orders or Commands; but only to obey such legal Officers as themselves shall legally elect, or a Free Parliament duly elected by them: nor pay any Taxes, Customs, Imposts, Excises, Contributions whatsoever, to any Officers, Soldiers, Collectors, but such as shall be imposed by common consent in a Free and Lawfull Parliament, it being their ancient Birthright (for defense whereof the Army was first raised) ratified not only by sundry ancient Statutes, and the late Petition of Right, but several Acts, Votes, Declarations, Judgments of the last long Parliament of King Charles, acknowledged in the Instrument of Government itself, the late Petition and Advice, the Armies own former Declarations, and the late dissolved Juncto in their very last Knack of the 12. of this instant October, their Plea and Papers since.

5ly. If any Officers, and Soldiers of the Army, out of faction, ambition, self-ends, or Jesuitical seduction, shall obstinately, traitorously, maliciously, or tyrannically oppose the People in their Elections of Sheriffs, Knights, Citizens, Burgesses, or levy any Taxes, Excises upon them by armed violence, contrary to all their former-forfeited, now-expired Commissions, Declarations, Engagements; let them unanimously declare and proceed against them as professed public Enemies, Traitors to their Native Country; who by their former and late Treacheries, Rebellions, and unwarrantable proceedings against all their Superiors, (transcending all Presidents in profane or sacred Stories) have actually in Law, Justice, forfeited not only all their Commissions, Commands, and Arrears of pay, but their very lives, Lands, Estates; and that our whole 3. Nations by their Solemn League and Covenant, for their own future preservation, are obliged to bring them to public Justice, as themselves have proceeded against hundreds, nay thousands of other Delinquents not half so criminal as themselves: and thereupon entreat all other Officers, Soldiers in the Army, who have any fear of God, or love to themselves, their posterities, or Native Country remaining in their breasts, as Moses did the Congregation of Israel in the Rebellion of Korah, Dathan, and Abiram, who mutinied the People against him and Aaron, Numb. 16. Depart I pray ye from the Tents of these wicked men, and touch nothing of theirs, lest ye be consumed in all their sins. So they gat up from the Tabernacle of Korah, Dathan, and Abiram on every side. And as many Officers, Soldiers, as shall thereupon desert the Tents of their Rebellious Commanders, and contribute their assistance •… or the speedy calling and safe 〈◊〉 of a F •… ee, Lawfull Parliament, without any •… uture mutinies, to interrupt o •… d •… ssolve it when convened according to the premised Statute of 16 〈◊〉 , c. 1. let them be assured of their full Arrears, and indempn •… ty fo •… what is past, wh •… ch none else b •… t a Free and Lawful Parliam •… nt can grant them; all •… there Indempn •… ties being vo •… d in Law. And if this will not satisfi •… , let them b •… ware, lest the earth cleave osunde •… that is under them; and 〈◊〉 swallow them up 〈◊〉 , with their houses, men, goods, and all appertaining to them, and they perish from among the 〈◊〉 , as Korah, 〈◊〉 and 〈◊〉 , with their families and adherents •… id, by this or some other exemplary Judgments, and a universal Insurrection of our three whole discontented, oppressed, rained Nations against them, which they may justly fear and expect, if they believe there is a righteous God that judgeth in the earth, a Lord of hosts able to scatter, puni •… h, execute vengeance on them here, and cast them into hell forever hereafter, for their manifold unlamented, reiterated, transcendent Reb •… llions: or repute these Texts Canonical, which I shall recommend to their saddest Meditations. Prov. 29. 10. He that being often rep •… oved hard •… eth his neck sh •… ll suddenly be destroyed, and that without remedy, (as the late Anti-Parliamentary Junctoes, and Protectors have been) Prov. 11. 21. Though hand go in hand, yet the wicked shall not go unpunished. Psal. 68. 21. God shall wound the head of his Enemies, and the hairy scalp of such a one as goeth on still in his Trespasses. Ezech. 24. 14. I the •… ord h •… ve spoken it, it shall come to pass, I will do it; I will not go back, neither will I spare, neither will I reap •… t; but according to thy ways and accordings I will recompense, and th •… y shall judge thee, saith the Lord. Col. 3. 25. He that doth wrong, shall receive according to the wrong done, and there is no respect of persons w •… th God; •… ho can in a moment as easily destroy an whole Army, and great host of men (as he did Sennacherib's, 〈◊〉 , and other Armies) as any one single person.