Vindication of Old Fundamental Liberties 2

A Seasonable, Historical, Legal, VINDICATION, AND CHRONOLOGICAL COLLECTION

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

I T is an universal received Principle, and experimental Truth, beyond all contradiction, That no natural structure, no artificial Building, no Civil or Ecclesiastical Corporation, Realm, Reipublike, Government, or Society of men; no Art nor Science whatsoever, can possibly be erected, supported, established, preserved, or continued in their being or well-being, without FOUNDATIONS; whereon as they were at first erected, so they must necessarily still depend, or else they will presently fall to utter 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 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 city Jerusalem; and of private houses: of the Spiritual FOUNDATION of the Spiritual Temple, City Jerusalem, and whole Church of God; even Jesus Christ himself: of the Doctrinal FOUNDATIONS, and first Principles of Religion, Christianity, Salvation: yea, of the Political FOUNDATIONS of Kingdoms, Reipublikes, Churches, Governments, States: which being once shaken, undermined, subverted, razed, or destroyed, bring unavoidable ruin and desolation upon them, ( Psal. 11. 3. Psal. 82. 5, 6. Jer. 50. 17. & 51. 15, 16. Mic. 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, Reipublike, (essential to their being and subsistence, as a free or happy people, against the Invasions, Underminings, Encroachments, of any Tyrants, Usurpers, O pressors, 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 then out of Cowardize, S • tt • shness, Carelessness, or want of cordial love to the Public, to suffer the least infringement, repeal, or alteration of them, to the inthralling 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, Rights, Privileges, against all secret or open underminers of them, I clearly behold, with grief of heart, that there is a strange monstrous Generation of New TYRANNICAL STATE-HERETICKS sprung up among 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 the very Title-page) That the Free-men 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 the second, with other Kings and Princes; and our late Parliaments and Armies too, with King James, and King Charles.) That neither Magna Charta, nor the Petition of Right, nor the Laws for trying malefactors by Juries of their peers, are Fundamental, or unalterable; but that the STATE-PHYSITIANS (or rather Mountebanks) of our time, (who are not tied up to them, but left free unto themselves) may lay them quite aside, either in part or whole, as they see cause: Yea, (having now attained to such a super-transcendent Authority, as) may (as they assert) LAY ASIDE ALL PARLIAMENTS and PARLIAMENTARY WAYS, and appoint SOMETHING ELSE, as more seasonable and proper to us, and as Providence makes way for it, if they see it more conducing to the safety and good of the 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 ot • er Fundamental Laws and L • berties, as unalterable, (though the only Bulwarks and 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 THEN 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 inthral us under such an absolute AEGYPTIAN BONDAGE and Tyranny, without any hope of future deliverance from it, which some now endeavor to enta • l 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, un-Christian, unmanly, un-English fear, or sottish cowardice and stupidity, wittingly to desert, betray, surrender them all up into the hands of any invading Usurpers, without the least Public Claim, Dissertation, Defense, or Dispute; then diligently or courageously to contend for them, as of late they did: So as that which Paul once taxed in the slavish besotted Corinthians, 2 Epist. 11. 20. may be most truly averred of our degenerated, insatuated, English Nation: Ye suffer if a man bring you into bondage, if a man devour you, if a man take of you, if a man exalt himself, (above your Laws, Liberties, Franchises, Parliaments, Kings, Nobles, Properties, Lives, Consciences, and all that is called God, or worshipped) if a man smite you on the face; notwithstanding all their manifold late Protestations, Vows, Covenants, Remonstrances, Declarations, and Public Engagements, to the contrary. And withal, after diligent enquiry, discovering scarce one man of Eminencie or Power in the Nation, nor so much as one of my degenerated temporizing Profession of the Law, (even when the whole Body of our Laws, and all its Professors, are violently assaulted, 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 Freeman 's best Inheritance and Security ) for fear of being persecuted, imprisoned, close imprisoned, exiled, condemned, destroyed, as a Traitor, Rebel, 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 not to be like those, who are ashamed, afraid, for the most part, to own, visit, or be seen in the company of those Gallant men, much 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 Tyrants, to their great discouragement and betraying) nor pitch upon any Subject more proper for me, either as a common Lawyer, or as a constant Advocate and Sufferer for the Public Cause, and Liberties of the Nation, as well under our late extravagant Free-State, as former Regal and Episcopal arbitrary Tyranny, then in this juncture of our public affairs, to present our whole distracted unsettled Kingdom with An Historical and Legal Vindication, and Chronological Collection, in all Ages, of these Ancient Hereditary Liberties, Franchises, Rights, Contests, Laws, Charters, Records, Monuments of former and late times, for their Confirmation, and inviolable Observation, which our Ancestors and our Selves have always hitherto reputed FUNDAMENTAL, UNALTERABLE, 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 Engl • sh blood.

And if, upon the serious perusal of them, the universality of our degenerated Nation, after their many late 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 not to esteem them worth the owning, maintaining, vindicating, or perpetuating any longer; and thereby draw upon their heads the real guilt of all those bloody Wars, Murders, Tumults, Violencies, Rapines, Oppressions, Sins, Mischiefs, Illegal Taxes, Excises, Exorb tancies, which their many late years pretended Necessary Defense and Preservation have brought upon our three whole Nations; let them henceforth, like so many dastardly conquered Bondslaves, bored thorough the ears, publicly disavow, disclaim, renounce, abjure them, for themselves and their Posterities forever, as mere worthless toys, or pernicious inventions, fit only to kindle perpetual Wars and Discords between King and People, Head and Members, Superiors and Inferiors; or, as poor slender Cobwebs, (as now they prove) fit to hold none within compass but the very weakest flies; broken thorough with ease and impunity by every greater fly, creeping up into any Power or Supreme Authority, by Right or Wrong; and swept down to the very ground, by every New Broom in the hand of upstart Innovators.

But if, upon saddest deliberation, they shall really estimate them to be such incomparable, rich, precious jewels, and ancient inheritances, as are every way worth the infinite Treasures, 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 Pea • itude; I hope they will all then unanimously henceforth conclude with the Poe • ,

Non minor est virtus quàm quaerere, PARTA TUERI: 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 Ancestral Privileges, Inheritances, Birth-rights, to them) as Naboth once did to King Ahab, 1 King. 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 refusal, as much as Naboth did from bloody Ahab and Jezebel.

But whatever low price or estim • te 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, Prote •• ations, 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, 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, &c. for their just Defense.

Now to the end all others might now take special notice of the inestimable value our Ancestors in all Ages have set upon them, and what successive Wars, Conflicts, they have cheerfully undertaken for their preservation; I have, at vacant hours compiled this ensuing Vindication and Collection of the O • d Fund • mental Liberties, Franchises, Laws of all E • glish Free-men, 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 Enfranchisement, Immunity, Security from all Arbitrary tyranny, Slavery, and yokes of Bondage, under which they have a long time langu • shed, 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 Free-men of England have some ancient Hereditary just Rights, Liberties, Privileges, Franchises, Laws and Customs, properly called FUNDAMENTAL; and likewise a FUNDAMENTAL Government, no ways to be altered, undermined, subverted, directly or indirectly, to the Public prejudice, under pain of high-Treason in those who shall attempt it, especially by fraud, force, or armed power.

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

3. I shall in a Chronological way tender you a large Historical Catalogue of Contests, Votes, Declarations, Remonstrances, Oaths, Vows, Protestations, Covenants, Engagements, 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 legality of trying all Malefactors whatsoever by Juries of their peers, upon legal Process and Indictments; and manifest the illegality, injustice, partiality, dangerous consequences, of admitting or introducing any other form of Trials, by New, Arbitrary, Martial Commissions, or Courts of High Justice, (or rather Injustice ) inconsistent with, and destructive to the Fundamental Rights, Liberties, 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 chiefest inveighers against Arbitrary Regal Tyranny and Power, which never publicly established them by any Law, and may fall to imitate them in future Ages.

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

For the first of these: That the Kingdom and Free-men of [ 1] England, have some Ancient Hereditary Rights, Liberties, Privileges, Franchises, Laws and Customs, properly called FUNDAMENTAL; and likewise a FUNDAMENTAL • OVERNMENT, 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 traytorous 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 17 year of his Reign; regranted and confirmed by King Henry the third, in the ninth 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 Free-men of the Realm of England, FOR THEMSELVES AND THEIR HEIRS FOR EVER, the Customs, Liberties therein contained; TO HAVE AND TO HOLD THEM, TO THEM AND THEIR HEIRS, FROM THEM AND THEIR HEIRS FOR EVER. Concluding their Charters thus: All these Customs and Liberties aforesaid, which we have granted to be holden within this our Realm, as much as appertaineth TO US AND OUR HEIRS, WE SHALL OBSERVE. And ALL MEN OF THIS OUR REALM, AS WELL SPIRITUAL AS TEMPORAL, ( as much as in them is) shall observe the same against all persons in likewise. And we have granted unto them, THAT NEITHER WE NOR OUR HEIRS SHALL PROCURE OR DO ANY THING WHEREBY THE LIBERTIES IN THESE CHARTERS CONTAINED, SHALL BE INFRINGED OR BROKEN. We ratifying and approving these Gifts and Grants aforesaid, CONFIRM and CORROBORATE ALL THE SAME, FOR US AND OUR HEIRS PERPETUALLY: and by these Pr • sents (as the later Charters run) do renew the same: Willing and granting, FOR US AND OUR HEIRS, THAT THESE CHARTERS, AND ALL AND SINGULAR THEIR ARTICLES, FOR EVER SHALL BE STEDFASTLY, FIRMLY, AND INVIOLABLY OBSERVED.

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

The second is, the punctual Resolution of the whole [ 2] Parliament of 1 Jacobi, even in a Printed Act of Parliament, chap. 2. and of King James himself, in his Speech therein, as is evident by this Prologue to that Act: Whereas his most excellent Majesty hath been pleased, out of his great wisdom and judgment, not only to represent unto us, by his own prudent and Princely Speech on the first day of this Parliament, how much he desired (in regard of his inward and gracious affection to both the famous and ancient Realms of England and Scotland, now united in Allegiance, and by all subjection IN HIS ROYAL PERSON, TO HIS MAJESTY AND HIS POSTERITY FOR EVER) that by a speedy, mature, and sound Deliberation, such a future Union might follow, as should make perfect that mutual love, and uniformity of Maners and Customs, which Almighty God in his providence, for the strength and safety of both Realms, hath so far already begun, in apparent sight of all the world; but also hath vouchsafed to express many ways, how far it is, and EVER SHALL BE, from his Royal and sincere care and affection to the Subjects of England, TO ALTER OR INNOVATE THE FUNDAMENTAL AND ANCIENT LAWS, PRIVILEDGES, & GOOD CUSTOMS OF THIS KINGDOM; whereby not only HIS ROYAL AUTHORITY, but THE PEOPLES SECURITY OF LANDS, LIVINGS, and PRIVILEDGES ( both in General and Particular ) ARE PRESERVED AND MAINTAINED; and, BY THE ABOLISHING OR ALTERATION OF THE WHICH, IT IS IMPOSSIBLE BUT THAT PRESENT CONFUSION WILL FALL UPON THE WHOLE STATE AND FRAME OF THIS KINGDOM, &c. In which memorable Clause, these four things are observable 1. That the Kin • dom and People of England have Fundamental ancient good Laws, Privileges, and Customs. 2. That these are no ways to be altered or innovated; and that it always hath been, is, and ever shall be, far from the thoughts and intents of all good Kings, Governors, and Parliaments, who bear a sincere care and affection to the Subjects of England, to alter or innovate them. 3. That by these ancient good Laws, Privileges, and Customs, not only the Kings Regal authority, but the Peoples Security of Lands, Livings, and Privileges, (both in general and particular) are preserved and maintained. 4. That by the abolishing or altering of them, it is impossible, but that present confusion will fall upon the whole State and frame of this Kingdom. Which I wish all Innovators and New Modellers of our Laws, would now at last say 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 feigned Speculation.

[ 3] The third is, The Remonstrance of the whole House of Commons in Parliament, delivered in writing to K. James, in the Parliament of 7 Jac. anno 1610. which begins thus.

To the Kings most Excellent Majesty.

WHereas we your Majesty's most humble Subjects, the Commons assembled in Parliament, have 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, yet allowing us to examine the grievance of these Impositions, in regard of quantity, time, and other circumstances of disproportion thereto incident: We your said humble Subjects nothing doubting but that your Majesty had no intent by that command, to infringe THE ANCIENT AND FUNDAMENTAL RIGHTS OF THE LIBERTY OF PARLIAMENT, in point of exact discussing of all matters concerning them and their Possessions, Goods, and Rights whatsoever; which yet we cannot but conceive to be done in effect by this command, Do with all humble duty make this Remonstrance to your Majesty.

First, We hold it an AN ANCIENT, GENERAL, and UNDOUBTED RIGHT OF PARLIAMENT, to debate freely all matters which do properly concern the Suject, and his Right or Estate: which freedom of debate being once fore-closed, THE ESSENCE OF THE LIBERTY OF PARLIAMENT IS WITHAL DISSOLVED.

Here the whole House of Commons, in a special Remonstrance to King James, (printed and published by Order of a Committee of the House of Commons for licensing of book • , dated 20 Maii, 1641. 17 Caroli ) declare, resolve, vindicate, and maintain, One principal, ancient, Fundamental, general, undoubted Right of the Liberty of Parliament, against the Kings intrenchment on it: Of which should they be but once fore-closed, the Essence of the Liberty of Parliament is 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 Commonwealth 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 Right and Liberty of Parliament, and Parliamentary free Debates, to the dissolution of the Essential Liberty of all future Parliaments, as this Command of King James did, or as the Bishops late Canons imposed on the Clergy in and by the Convocation, Anno 1640. ever did; and this Clause in their &c. Oath then made, (now imitated by others, who condemned it:) 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: Resolved by the whole house of Commons, and Peers too, without one dissenting voice, in Parliament, Decemb. 1640. to be a most dangerous and illegal Oath, contrary to THE RIGHTS and PRIVILEDGES OF PARLIAMENT, and to the FUNDAMENTAL LAWS & STATUTES OF THE REALM, &c. and OF DANGEROUS CONSEQUENCE. The contriving whereof was objected to the late Arch-bishop of Canterbury, in his Original and Additional Articles of Impeachment, to be HIGH TREASON; for which, amongst other things, he lost his head.

[ 4] The fourth is, the notable Petition of Grievance 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 lay any Impositions on Goods imported or exported, without assent of Parliament; in these ensuing words.

THe Policy and Constitution of this your Majesty's Kingdom, 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 their just occasions, with voluntary Contributions: SO HAVE THEY BEEN EVER CAREFUL TO PRESERVE THEIR OWN LIBERTIES AND RIGHTS, WHEN ANY THING HATH BEEN DONE TO PREJUDICE OR IMPEACH THE SAME. And therefore when their 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, • r 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 Realm, WHICH ARE AS ANCIENT AS THE KINGDOM IT SELF; yet those famous Kings, for the better contentment and assurance of their loving Subjects, agreed, THAT THIS OLD FUNDAMENTAL RIGHT (observe the words ) should be further declared, AND ESTABLISHED BY ACT OF PARLIAMENT, wherein it is provided, That no such Charge should ever be laid upon the People without their Common consents, as may appear by sundry Records of former times.

We therefore your 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 THEN 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 IMPOSITIONS OF ANY KIND SET, OR TO BE SET UPON YOUR PEOPLE, THEIR GOODS OR MERCHANDIZES, SAVE ONLY BY COMMON CONSENT IN PARLIAMENT, ARE AND SHALL BE 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 overt • row of Merchants, and Shipping, the causing of general dearth, and decay of all wealth among your people, who will be thereby no less discouraged, then disabled to supply your Majesty when occasion shall require.

In which memorable Petition, the whole House of Commons resolve in direct terms: 1. That the Subjects of England have old original Fundamental Rights, (and more particularly in the Property of their goods, exempted from all Impositions whatsoever in times of Peace or War, without their common consent in Parliament) declared and established both by the ancient Common Law of England, and sundry Acts of Parliament, and Records of former times. 2. They declare, the constant vigilant care, zeal of our Ancestors and former Parliaments in all Ages, inviolably to maintain, defend, preserve the same against all encroachments, together with their own care, duty and vigilancy in this kind in that very Parliament. 3. They relate the readiness of our Kings to 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 infringement thereof, by arbitrary illegal Impositions, without full consent in Parliament. 5. They earnestly (in point of conscience, prudence, and duty to those for whom they served) Petition his Majesty, for a new Law and Declaration against all new Impositions and Taxes on Inland Goods, or Merchandises imported or exported without the Peoples free consent in Parliament, as null, void, utterly to be abolished and taken away. Whether it will not be absolutely necessary for the whole English Nation, and the next ensuing Notional, or real Parliament to Prosecute, Enact, Establish such a Declaration and Law against all such 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 lawful English Parliaments, against all former Laws, Declarations, and Resolutions in Parliament, to their great oppression, enslaving, undoing, and that in far greater proportions, multiplicity, and variety, then 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, 39, 30, 9. Articles of the Instrument entitled, The Government of the Commonwealth of England, &c. I remit to their most serious con •• derations 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 pres • nt or future Usurpers on their Fundamental Rights and Libe • ties, in an higher degree then ever in any precedent • ges, under the Greatest Conquerors or Kings, after all their late, costly, bloody Wars for their Defense against the Behe • ded King.

The fifth is, A learned and necessary Argument made in [ 5] the Commons House of Parliament, Anno 7. Jacobi, to prove, That each Subject hath a Propriety 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 pub • ished in Print, at a Committee appointed by the Honorable House of Commons, for examination and Licensing of B • oks. 20. Maii, 1641. In which Parliamentary Argument, p. 8, 11, 16. I find these direct Passages: That the New Im • ositions contained in the Boo • of Rates, imposed on Merchandises, imported and exported by the K • ngs Prerogative, and Letters Patents, without consent in Parliament, is against THE NATURAL FRAME AND CONSTITUTION OF THE POLICY OF THIS KINGDOME, which is Jus Publicum Regn • , AND SO SUBVERTETH THE FUNDAMENTAL LAW OF THE REALM, and introduceth a new form of State and Government: Can any man give me a reason, why the King can only in Parliament make Laws? No man ever read any Law, whereby it was so ordained; and yet no man ever read, that any King practiced the contrary; therefore IT IS THE ORIGINAL RIGHT OF THE KINGDOM, 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.

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 Diggs, 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 Book 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 then Books, consisting much in unwritten Customs, yet so full of Justice and true Equity, that your most Honorable Predecessors and Ancestors propugned them with a NOLUMUS MUTARI; and so ancient, that from the Saxons 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 FUNDAMENTAL POINT OF THIS SO ANCIENT COMMON LAW OF ENGLAND, THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS, which doth preserve as sacred that Meum and Tuum, that is the Nurse of Industry, and the Mother of Courage, and without which there can be no Justice, of which Meum and Tuum is the proper object. Bu • the UNDOUBTED RIGHT OF FREE SUBJECTS, hath lately not a little been invaded and prejudiced by Pressures, the more grievous, because they have been pursued by imprisonment, contrary to the Franchises of this Land, &c. which the Commons House proved by many Statutes and Records in all Ages, in that Conference, to the full satisfaction of the Lord's House; since published in print.

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

The eighth Authority is, The Votes of both Houses of Parliament, concerning the security of 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 of his Majesty's refusal, the Ordinance agreed on by both Houses for the Militia, doth oblige the people, and ought to be obeyed, by THE FUNDAMENTAL LAWS OF THIS KINGDOM. A very vain, false, absurd, and delusory Vote, if there be no such Law • , as some now affirm.

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. Januarii 1642. Wherein are these observable passages. The main drift of the answer is to maintain, That the King by the Common Law may grant such a Commission of Array as this is, upon this ground, because it's for the 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 Subjects 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 Majesty 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 Bulworks, 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 anything 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, as all other Laws that have been made for the Subjects benefit against Taxes and other Charges, either in this or any other Parliament?

These Positions thus laid down and maintained, DO SHAKE THE FUNDAMENTAL LAWS OF THE KINGDOM, (THE ANCIENT BIRTH-RIGHT OF EVERY SUBJECT) both for THE PROPERTY OF HIS GOODS, AND LIBERTY, OF HIS PERSON: Nay, they strike at the root of Parliaments: What need his Majesty call Parliaments to provide for 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, we doubt not but all indifferent men will be satisfied, that this Commission of Array is full of danger and inconvenience to the Subjects of England, AND AGAINST THE FUNDAMENTAL LAWS OF THE LAND, both for PROPERTY OF GOODS, AND LIBERTY OF PERSON, &c. 2. As it is against THE FUNDAMENTAL LAWS OF THE REALM, so no Statute makes it good, &c. And the Lord's and Commons do upon the whole matter here conclude, that they are very much aggrieved, that after so many Declarations and solemn Protestations made by his Majesty to rule by the known Laws of this Land, his Majesty by advice of his ill Counselors should be persuaded to set such a Commission on foot, which is so clearly contrary TO THE FUNDAMENTAL LAWS OF THIS LAND, the Right of Property, and Liberty of the Subject, contrary to former Resolutions of Parliament, and to the Petition of Right.

I am certain the generality of the Nation are now as much and more aggrieved, that some who were Parties to this Declaration, and others who have made as many or more Declarations and Protestations as his Majesty ever did, to rule by the known Laws of the Land, should since this, far exceed his Majesty in the like, or more exorbitances in the Militia, Excises, Taxes, Impositions, Imprisonments, arbitrary extravagant proceedings, and capital executions in new- erected Courts of Injustice, as diametrically contrary as the Kings Commissions of Array, to the Fundamental Laws of the Land (four times together so styled and insided 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 that Declaration against the Array, viz▪ And the Lord's and Commons do and shall adhere to their former Votes and Resolutions, That all those that are Actors in putting of this Commission of Array in execution, shall be esteemed disturbers of the Peace of the Kingdom, and the Properties and Liberties of the Subject.

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

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 Lord's and Commons assembled in Parliament, taking into their serious considerations, the great oppressions under which the Inhabitants of the County of Salop, by reason of insupportable Taxes, &c. and the present condition of the County, by reason of the great number of Irish Rebels that have invaded it, and joined with Papists and other ill-affected Persons now in those parts, doth threaten the extirpation of the Protestant Religion, and the s • b • e • sion of THE FUNDAMENTAL LAWS & GOVERNMENT OF THE KINGDOM. For prevention whereof, &c.

The twelfth is A Declaration of the Commons of England assembled in Parliament 17. Aprilis 1646. Of their true intentions concerning the AN •• IENT & FUNDAMENTAL GOVERNMENT OF THE KINGDOM, securing the people against ALL ARBITRARY GOVERNMENT, &c. wherein they complain, That the Enemy being in despair to accomplish his designs by War, do misrepresent our intentions in the use we intended to make of the great Successes God hath given us, and the happy opportunity to settle peace and truth in the three Kingdoms; to beget a belief that we now desire to exceed or swerve from our first Aims and Principles in the Undertaking of this War, and to recede from the Solemn League and Covenant, and Treaties between the two Kingdoms; and that we would prolong these uncomfortable Troubles, • nd b • eeding Distractions, IN ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION & FRAME OF THIS KINGDOM, to leave all Government in the Church loose and unsettled, and ourselves to exercise THE SAME ARBITRARY POWER OVER THE PERSONS & ESTATES OF THE SUBJECTS, which this present Parliament hath thought fit to abolish, by taking away the Star-Chamber, High Commission, and other Arbitrary Courts, and the exorbitant Power of the Council Table: ( all which we have seen since experimentally verified in every particular in the highest d • gree, notwithstanding this Declaration, by some in late and present Power, notwithstanding this Publication: ) All which being seriously considered by us, &c. We do declare, THAT OUR TRUE & REAL INTENTIONS ARE, & OUR ENDEAVOR SHALL BE, to settle Religion in the purity thereof, TO MAINTAIN THE ANCIENT &FUNDAMENTAL GOVERNMENT OF THIS KINGDOM, TO PRESERVE THE RIGHTS & LIBERTIES

In the fifth year of King Richard the second, the vulgar Rabble of people and Villains, in Kent, Essex, Sussex, Norfolk, Cambridgeshire and other Countries, under the Conduct of Wat Tyler, Jack Straw and other Rebels, assembling together in great multitudes, resolved by force and violence to abrogate the Law of villenage, with all other 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 elect petty elective Tyrannies and Kingdoms to themselves in every Shire: ( a project eagerly prosecuted by some Anarchicall Anabaptists, and 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 for the present, they took an Oath of all they met; Quod Regi & communibus fidelitatem servarent, that they should keep Allegeance and faith to the King and Commons, this their resolution and attempt thus to alter and subvert the Laws 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 against the Law; for which divers of the chief actours in this Treasonable Design were condemned and executed, as Traitors, in several places; and the rest enforced to a public submission, and then pardoned.

2. In the Parliament XL. R. 2. ( as appears by the Parliament Rolls and printed Statutes at large ) three Prive Counselors, the Archbishop of York, the Duke of Ireland, and Earl of Suffolk; the Bishop of Exeter the Kings Confessor, five Knights, six Judges, (whereof Sir Robert Tresilian 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 endeavoring to overthrow a Commission for the good of the Kingdom, and contrary to an Act of Parliament of force of arms and Opinions in Law delivered to the King, tending to subvert the Laws and Statutes of the Realm, overthrow the Power, 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.

3. In the Parliament of 17 R. 2. n. 20. and Pas. 17. R. 2. B. RS. Ror. 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, X. R. 2. and assembling people in a warlike manner in the County of Chester, for the effecting of it, in destruction of the Estates of the Realm; and OF THE LAWES OF THE KINGDOME.

4. In the 29. year of King Henry the sixth, Jack Cade, under a pretence to REFORM, alter, and abrogate some Laws, Purveyances and extortions importable to the Commons (whereupon he was called JOHN AMEND ALL ) drew a great multitude of Kentish people to Black Heath in a warlike manner to effect it: in the Parliament of 29. H. 6. c. 1. this was adjudged High Treason in him and his Complices; by act of Parliament: and the Parliament of 31. H. 6. c. 1. made this memorable Act against him, and his Imitators insucceeding ages; worth serious perusal and consideration by all who tread in his footsteps and over-act 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 Cheyney (the Hermit of the Queen of Fairies) TO OVERTHROW THE LAWS AND CUSTOMES OF THE REALM: for effecting whereof, they with 200. more met together, and concluded upon a cause or raising greater forces in Kent, and the adjacent Shires, this was adjudged high Treason, and some of them executed as Traitors. Moreover, it was resolved by all the Judges of in the reign of Henry 8. that an Insurrection against the Statute of Laborers, or for the inhansing of Salaries and wages was TREASON, a levying war against the King, BECAUSE IT WAS GENERALLY AGAINST THE KINGS LAW, and the offenders 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. Sir Thomas Moore, Lord Chancellor of England, with 14. more, Lord's of the Privy Council, John Fitz-James, Chief Justice of England, and Sir Anthony Fitzherhert, one of the Judges of the Common Pleas, exhibited sundry Articles of impeachment to King Henry the 8. against Cardinal Wolsy: That he had by divers and many sundry ways and fashions committed High treason, and NOTABLE GRIEVOUS OFFENCES, misusing, Altering, and subverting the order of his Graces Laws, and otherwise; contrary to his high 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 most excellent Majesty of your excellent goodness towards the Weal of this your Realm, and Subjects of the same, to see such order and direction upon the said Lord Cardinal, As may 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 judgment for these his Practises.

7. The Statute of 1. Marie c. 12. Enacts that if 12. or more shall endeavor By force to alter any of the Laws or Statutes of the Kingdom; the offender shall from the time therein limited be adjudged ONELY AS A FELON: whereas it was Treason before; but this Act continuing but till the next Parliament, and then expiring, the offense remains Treason, as before.

8. In the 39. of Queen Elisabeth, 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. Elisabeth, 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 OVERTHROW THE LAWS AND STATUTES for Inclosures. Whereupon BRADSHAW and BURTON (two of the principal offenders ) were condemned and executed at Aiciston 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. 1641. 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 ENDEVOURED by his Words, Actions and Counsels, to SUBVERT THE FUNDAMENTALL LAWS OF ENGLAND and IRELAND, and introduce an Arbitrary and Tyrannicall 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 Traytour to the King and Kingdom, May 22. 1641.

10. The whole House of Commons the same Parliament impeached William Laud Archbishop of Canterbury of HIGH TREASON; in these very terms, February 6. 1640.

First, That he hath traitorously endeavored to subvert Fundamental Laws and Government of this Kingdom of England, and instead thereof to introduce An Arbitrary and Tyrannicall Government against Law:

All which being proved against him at his Trial, were after solemn Argum • nt 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. February 11. 1640. and July 6. 1641. Sir John Finch, then Lord Keeper, chief Justice Bramston, Judge Berkly, Judge Crawly, Chief Baron Davenport, Baron Weston, and Baron Turnour, were accused and impeached by the House of Commons, by several Articles transmitted to the Lord's, OF HIGH TREASON, for that they had Traitorously and wickedly endeavored to subvert the Fundamental Laws, and est • blished Government of the Realm of ENGLAND, and instead thereof to introduce an Arbitrary and Tyrannicall Government against Law; which they had declared by Traiterous and wicked words, opinions, judgment, and more especially in this their 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 same is to be prevented and avoided. And likewise for arguing and giving judgment accordingly in Master John Hempdens 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 Propriety, and contrary to former Resolutions in Parliament, and the Petition of Right; as the words of their several Impeachments run. Sr. John Finch fled the Realm to preserve his head on his Shoulders; some others of them d • ed through fear, to prevent the danger soon after their Impeachments; and the rest put to Fines, who were less peccant.

12. Mr. John Pim, 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 Law 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, Salus Populi: the element of all laws, out of which they are derived: the end of all Laws, to which they are designed, and in which they are perfected.

1.

Thus far M. John Pym; in the Name and by the Order and Authority of the whole Commons House in Parliament, w ^ch I wish all those, who by their Words, Actions, Counsels (and printed Publications too, have traitorously endeavored to subvert the Fundamental Laws, Liberties of England and Ireland, and to introduce an arbitrary and Tyrannicall Government against Law, as much as ever Strafford did, and 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 Capitall punishments for the same, or endless, Hellish Torments.

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

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

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

The Authorities, Judgments, in and out of Parliament which he cites to prove it, have been already mentioned, with some others he omitted; I shall therefore but transcribe his Reasons to evince it to be Treason, super-added 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. The 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. He is the Fountain from whence in their several Channells, they are derived to the Subject. Whence all our indictments run thus: Trespasses laid to be done, Contra pacem Domini Regis, &c. against the Kings Peace for exorbitant offenses; though not intended against the Kings Person; against the King his Crown and dignity.

I have transcribed these Passages of Mr. Oliver St. John at large for five Reasons.

1. Because they were the voice and sense of the whole House of Commons by his mouth; who afterwards owned and ratified them by their 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 Fandamentall Government, or setting up any arbitrary or Tyrannicall power, Taxes, Impositions, or new kinds of arbitrary Judicato • ies, and imprisonments against these our Laws and Liberties.

2. To mind an 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 bewail, repent of, and reform them with all speed and diligence, as much as in them lies. And withal, I shall exhort them seriously to consider that Gospel terrifying Passage, Rom. 2. 1, 2, 3. Therefore thou art inexcusable O man, whosoever thou art that judgest; for wherein thou judgest another, tbou CONDEMNEST THY SELF; FOR THOU THAT JUDGEST, DOEST THE SAME THINGS. But we are sure that the judgment of God is according to truth, against them which commit such things. And thinkest thou this, O man, that judgest them which do such things, and doest the same, that thou shalt escape the Judgment of God.

3. To excite all Lawyers, especially such who of late times have taken upon them the style and power of Judges, to examine their consciences, actions, how far all or any of them have been guilty of these crimes and Treasons, so highly aggravated, and exemplarily punish • d of former and later times, in corrupt, cowardly timeserving, degenerate Lawyers and Judasses, rather than Judges, to the disgrace of their Profession, and prejudice of the Fundamental Laws, Liberties, Rights, Privileges of our Nation, Peers, Parliaments, subversion of the Fundamental Government of this famous Kingdom, whereof they are Members.

4. To instruct those Jesuited Anabaptists, Levellers and their Factors, (especially John Canne, and the rest of the Compilers, Publishers, Abetters of the Pamphlet entitled, Lieutenant Colonel Lilburn, tried and cast, and other forementioned publications:) who professedly set themselves by words, writing, Counsels and overt Acts to subvert both our old Fundamental (and all other Laws) Liberties, Customs, Parliaments, and Government, what transcendent Malefactor • , traitors and Enemies they are to the public, and what Capitall punishments, they may thereby incur, as well as demerit, should they be legally prosecuted for the same; and thereupon to advise them timely to repent of, and desist from such high Treasonable Attempts.

5. To clear both myself and this my seasonable Defense of our Fundamental Laws, Liberties, Government, from the least suspicion or sh • dow of Faction, Sedition, Treason, and Enmi • y 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 and establishment of our Kingdom, (as the premises evidence) will be ready maliciously to asperse both me and it, with, as they have done some other of my writings of this nature; with all which, they must first brand Mr. St John Mr. Pym, the whole House of Commons, the last two, with all other Parliamens forecited, ere they can accuse, traduce, or censure me, who do but barely relate, apply their words and judgments without malice or partiality, for the whole Kingdoms benefit and security.

To these punctual full Jury of Records and Parliamentary Authorities in point, I could accumulate Sir Edward Cook his 3. Institutes, p. 9. printed and authorised by the House of Commons special Order, the last Parliament: The several Speeches of Mr. Hide, Mr. Walker, Mr. Pierpoint and Mr. 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 Diurnall Occurrences, and speeches in Parliament, London 1641. p. 237. to 264. Mr. 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 Nation 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. 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, A true State of the Common wealth of England, Scotland and Ireland, and the Dominions thereunto belonging, in Reference to the late established Government, by a Lord Protector and a PARLIAMENT. It being the Judgment of DIVERS PERSONS, who throughout these late troubles, have approved themselves faithful to the Cause and interest of God, and their COUNTRY: presented to the Public, for the satisfaction of others. Printed at London 1654. who relating the miscarriages of the last Assembly at Westminster, use these expressions of them, p, 13, 14, 16, 17, 21, 22. But on the contrary, it so fell out in a short time, that there appeared many in this Assembly of very contrary Principles to the interest aforesaid, which led them violently on to attempt and promote many things, the consequence whereof would have been: A Subverting of the fundamental Laws of the Land, the Destruction of Property, and an utter extinguishment of the Gospel. In truth their Principles led them TO A PULLING DOWN ALL? AND ESTABLISHING NOTHING. So that instead of the expected settlement, they were running • ut into FURTHER ANARCHY and CONFUSION. As to the Laws and Civil Rights of the Nation, nothing would serve them, but A TOTALL ERADICATION OF THE OLD, and INTRODUCTION OF A NEW: and so the Good, Old Laws of England, (the Guardians of our Lives and Fortunes) established with prudence, and confirmed by the experience of many Ages and Generations: (The Preservation whereof, was a principal Ground of our late Quarrel with the King) having been once abolished, what could we have expected afterward, but an inthroning of Arbitrary Power in the Seat of Judicature, and an exposing of our Lives, our Estates, our Liberties, and all that is dear unto us, as a Sacrifice to the boundless Appetite of Meer Will and Power, &c.

Things being at this Passe, and the House (through these proceedings) perfectly disjointed, it was in vain to look for a settlement of this Nation from them, thus constituted on the contrary, nothing else could be expected, But that the Commonwealth should sink under their Hands, and the great cause hitherto so happily upheld and maintained, to be forever lost, through their preposterous management of these affairs, wherewith they had been entrusted. Whereupon they justify their dissolution, and turning them forcibly out of doors by the Soldiers, with shame and infamy; to prevent that destruction which thereby was coming on THE WHOLE LAND, but this New Powder Treason Plot, set on foot by the Jesuits and Anabaptists, to destroy our Laws, Liberties, properties, Ministers, and Religion itself, at one blow, and that in the very Parliament House, where they had been constantly defended, vindicated, preserved, established in all former ages by all true English Parliaments.

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

Resolved upon the Question, That the matters contained in these Papers, Are destructive to the being of Parliaments, and to the 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. November, 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 sedititious 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 Cheesemonger, and Samuel Chidley, be forthwith committed prisoners to the Prison of the Gatehouse, there to remain prisoners during the pleasure of this House, for a Seditious avowing and prosecution of a former Petition, and Paper annexed, styled, An Agreement of the People, formerly Ajudged by this House to be destructive to the being of Parliamen's and fundamental Government of the Kingdom.

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

After which by a Special Ordinance of both Houses of Parliament, 17 December, 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-Council man of the City of London; or to have a voice in the Election of any such Officer.

All these particulars, with the Capitall Proceedings against White and others who somented this Agreement in the Army, abundantly evidence the veriey 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 the fundamental Government, Laws and Liberty of our Nation, which I wish they would now sadly lay to heart.

The third is the memorable Statutes of 3. Jacobi ch. 1, 2, 4, and 5. Which relating the old Gunpowder Treason of the Jesuits and Papists, and their infernal, inhumane, barbarous, detestable plot, to blow up the King, Queen, Prince, Lord's, Commons, and whole House of Peers with Gunpowder, when they should have been assembled in Parliament, in the upper House of Parliament, upon the fifth of November, in the year of our Lord 1605, do aggravate the heinousness and transcendency thereof by this circumstance, That it was (as some of the principal Conspirators thereof confessed) purposely devised and concluded to be done in the said House, That where sundry necessary and Religious Laws for Preservation of the Church and State were made, ( which they falsely and slanderously term, Cruel Laws enacted against them and their Religion ) Both Place and Persons should be all destroyed and blown up at once: And by these dangerous consequences if it had not been miraculously prevented, but taken effect. That it would have turned to the utter ruin, overthrow and Subversion Of the whole State and Common-Wealth of this flourishing and renowned Kingdom, and 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 up upon the Parliament House for terror of others. Even so let all other Traitors, Conspirators against 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 establishment.