A Seasonable Legal and Historicall VINDICATION and Chronologicall Collection of the good Old Fundamental Liberties, Franchise [...], Rights, Laws of all English Freem [...]n; (their best Inheritance, Birth-right, Security, against all Arbitrary Tyranny, Aegyptian Slavery and Burdens) of late years most dangerously undermined, oppugned, and almost totally subverted, under the specious feigned Disguise of their Defence, Enlargement, and future Establishment upon a sure Basis.
IT is an universall received Principle, and experimentall truth, beyond all contradiction, That no naturall structure, no artificial building, no Civil or Ecclesiastical Corporation, Realm, Republike, Government, or Society of men; no Art or Science whatsoever, can possibly be erected, supported, established, preserved or continued in their being or well-being, without FOVNDATIONS; Whereon, as they were at first erected, so they must necessarily still depend, or else they will presently fall to utter ruine.
[Page 2] Hence it is (to wave all Humane Authorities in so clear a verity) that in Gods own sacred unerringJohn 17. 17. 2 Cor. 6. 7. Ephes. 1. 12. Jam. 1. 18. word of Truth, we finde frequent mention of the naturall2 Sa. 22. 8. 16. Job 38. 4 6. Ps 18. 15. & 102 5. Pro. 8. 29. Is. 24. 18. & 40. 21 & 48. 13. & 51 13. 16. Zech. 12 1. Mic. 1. 6. Joh. 17. 24 Eph 4. 4 Heb. 1. 10. & 4 3. & 9. 26 1 Pet. 1. 20 Foundations of the the vast natural Fabrick of the Earth, Heavens and world it self; of the Artificial, Material1 Kin. 5. 17 & 6. 37. & 7. 9, 10 Ezr. 4. 13. & 6. 3. Ps. 137. 7. Ezech. 41. 8. Hag. 2. 8. Zech. 4 9. & 8 9. Mat. 7. 26, 27 Luke. 6. 48, 49. Foundations of the Material Temple, Wals, City of Gods own most famous Jerusalem; and of private Houses: of the spirituall Isa. 28. 16. & 54. 11. Ps. 87. 1 1 Cor. 3. 10, 11, 12. Heb. 11. 10. 1 Pet. 2. 6 Rev. 21. 14. 19. Foundations of the Spiritual Temple, City, Jerusalem, and whole Church of God; even Jesus Christ himself: of Doctrinal2 Tim. 1. 19. Heb. 6. 1. 2. Foundations, and first Principles of Religion; Christianity, Salvation: yea, of the Politicall Foundations of Kingdomes, Republicks, Churches, Governments, States: Which being once shaken, undermined, subverted, razed, or d [...]stroyed, bring unavoidable ruine and desolation upon them, (Psal. 11. 3. Psal. 82. 5. Jer. 50. 15. & 51. 25, 26. Micah 1. 6, 7, 9.) Even as we daily see Castles, Walls, Houses to fall instantly to the ground, and become an heap of Confusion, when theirJer. 50. 15 Mic, 1. 6, 7 Luke 6. 48, 49 Matt. 7. 26, 27 Foundations are blown up, decayed, or demolished.
Upon which consideration, those publike Laws, which establish, fence, fortifie, support the Fundamental Constitutions, Rights, Liberties, Priviledges of any Nation, Kingdome, Republike, (essentiall to their being and subsistence, as a free or happy people, against the Invasions, underminings, enchroachments of any Tyrants, Ʋsurpers, Oppressors, or publike enemies, are usually stiled Fundamental Laws; and have ever been reputed so sacred, inviolable, immutable, in all ages, upon any pretences of necessity, or publike safety, that most Nations, and our own English Ancestors above others, have freely chosen to hazard, yea, lose their estates, lives, in their just defence, against such exorbitant tyrannical Kings, and other Powers, who by force or policy have endeavoured to violate, alter, or subvert them; rather than out of a Cowardice, Sottishnesse, Carelesnesse, or want of cordial love to the Publike, to suffer the least infringment, repeal, or alteration of them to the inthrawling of themselves or their posterities to the arbitrary wils of such domineering Tyrants and Ʋsurping Powers.
[Page 3] Now because, after all our Old and New (many years) bloody, costly, dangerous Contests and Wars, for the maintenance of our good Old Fundamental Liberties, Laws, [...]ights, Priviledges, against all secret or open underminers of them, I clearly behold with grief of heart, that there is a strang monstrous generation of new Tyrannical State-Hereticks, sprung up amongst us; who are grown so desperately impudent, as not only to write, but publikely to assert in print, inLilburn tried and cast p. 39, 142. to 148, 154. Ca [...]es Voice from the Temple, which perswade [...] the subversion and abolishing of al former Laws, especially for Tithes and Ministers support. Books printed by AUTHORITY, (even in Capitals, in every Title page) That the Freemen and People of England have no such unalterable Fundamental Laws and Liberties left them by their forefathers (as our Ancestours heretofore contested for, both in the Field and Parliament-House, with William the Conqueror, Henry the first, King John, Henry the third, Edward 1. 2. 3. Richard 2. with other Kings and Princes; and our late Parliament [...] and Armies too, with King James and King Charls.) That neither Magna Charta, nor the Petition of Right, nor the Laws for trying Malefactors by Juries of their Pears, are Fundamental or unalterable; but that the State 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 whol, as they see cause. Yea, have now attained to such a super-transcendent Authority, that they may (as they assert) lay aside all Parliaments & Parliamentary wayes, & 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 privat Interests, Honors; Profits, Securities, Designes, Oppressions, Rapines, gilded over with this specious pretext) And then peremptorily conclude, That to plead for these and other fundamental laws and liberties, as unalterable, (though the only Bulwarks & Badges of our Freedome) 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 kinde of Tyranny, out of which (AS BEING WORSE THAN THE AEGYPTIAN BONDAGE) there is no hope of deliverance. [Page 4] An absurd Tyrannical Paradox, transcending any I ever yet met with in any Author; stripping us naked of all our long enjoyed Laws, Liberties, Franchises, great Charters at once; tending onely to reduce, and perpetually inthrall us under such an absolute AEGYPTIAN BONDAGE and Tyranny, without any hope of future deliverance from it, which some now endeavourS [...]e the Government of the Cōmon-wealth of England, &c. Artie. 3. 12. 21. 22, 24, [...]7, 28, 29, 30, 31, 32, 38, 39, 41. to entaile on us and our posterities for ever, by an Iron law, and Yoke of Steel, in stead of restoring to us that glorious Freedome, which we have so long expected from them in vain.
And because I finde the generality of the Nobility, Gentry, Clergy, Commonalty of our Nation, after all their late years expensive bloody wars, and Parliamentary Disputes, for the defence and preservation of these our ancient Hereditary Fundamentall Charters, Laws, Liberties, Priviledges, so strangely degenerated both from themselves, and their Heroick prudent Ancestors, as that they are more readily inclined, upon every occasion, out of a base, unchristian, unmanly, un-english fear, or sottish cowardise and stupidity, wittingly to desert, betray, surrender them al up into the hands of any invading Ʋs [...]rpers, without the least Publike Claim, Dissertation, Defence, Dspute; then diligently or couragiously to cōtend or suffer for them, of late they did: So as that which Paul once taxed in the [...]lavish besotted Corinthians, 2 Epist. 11. 20. may be most truly averred of our degenerated, infatuated English Nation: Ye suffer if a man bring you into bondage, if a man de [...]ur you, if a man take of you, if a man ex [...]lt himself (above your Laws, Liberties, Franchises, Parliaments, Kings, Nobles, Properties, Lives, Consciences, and all2 The [...]. 2. 4. that is called God, or warshipped) if a man smite you on the face; notwithstanding all their manifold lateSee Exact Collect. and a General collection of all Ordinances, &c. Protestations, Vows, Covenants, Remonstrances, Declaration [...] and Publike Engagements to the contrary. And withall, after diligent enquiry, discovering scarce one man of Eminency or Power in the Nation, nor so much as one of my degenerated temporizing [Page 5] Profession of the Law, (even when theS [...]e Culpepers and [...]illy's M [...]rlins and Almanacks, John Cannes Voice. Lilb. tried and cast, with many Petitions and Pamphlets against the Law and Lawyers. The Order of Aug. 19. 1653. That there should be a Committee selected to consider of a New body of the Law for the government of this Commonwealth. whole body of our laws, and all its Professors, are violently assault [...]d, and devoted unto suddain ruine, by many lawlesse spirits) who hath so much courage, magnanimity, honesty, zeal, or cordial love to his Native Country, remaining in his brest, as manfully to appear in publike, for the strenuous necessary defence of these our Hereditary, fundamentall laws, liberties, rights, franchises, (though their own, and every other English Freemans best inheritance and security) for fear of being persecuted, imprisoned, close imprisoned, exiled, condemned, destroyed, as a Traytor, Rebell, Seditious person, enemy to the Publike, or disturber of the Kingdomes peace, by those who are truly such: I thereupon conceived, I could not undertake or performe a more necessary, seasonable, beneficiall service for my Country and ingrate unworthy Nation (who are now ashamed, afraid, for the most part, to own, visit, or be seen in the company of those Gallant men, much lesse to assist, defend, and stick close unto them in their dangers, according to the sixth Article of their late Solemn League and Covenant, who have suffered, acted, and stood up most for their Common Liberties, Rights, Freedoms, Religion, against all invading Tyrant [...], to their great discouragement and betraying:) not pitch upon any Subject more proper for me, either as a common Lawyer, or as a constant Advocate and Sufferer for the publike Cause, and Liberties of the Nation, as well under our late extravagant Free State, as former Regal and Episcopal arbitrary Tyranny, than in this juncture of our publike affairs, to present our whole distracted unsetled Kingdome, with A Legal and Historical Vindication, and Chronological Collection, in all ages, of these Ancient, Hereditary liberties, Franchises, Rights, and all those National, Parliamentall, legal and Martial Contests, Laws, Charters, Records, Monuments of former and late times, for their Confirmation and inviolable observation, which our Ancestors and our selves have alwaies hitherto reputed Fundamental, unalterable and inviolable, upon any pretext, and have most eagerly contended [Page 6] for, with the Prodigal expence of many millions of treasure, and whole Oceans of gallant Christian English blood.
And if upon the serious perusall of them, the universality of our degenerated Nation, after their many solemn Protestations, Vows, Leagues, Covenants, Remonstrances, inviolably to defend and maintain them, shall still so undervalue them now at last, (as most actually have done) as ‘not to esteem them worth the owning, maintaining, vindicating, or perpetuating any longer; & thereby draw upon their heads, the reall guilt of all those bloody Wars, Murders, Tumults, Violences, Rapines, Oppressions, Sins, Mischiefs, illegal Taxes, Excises, Exorbitancies,’ which their many late years pretended necessary defence and preservation have brought upon our three whol Nations; let them henceforth, like so many dastardly conquered bondslaves, Exod. 21. 6. bored through the ears, publikely disavow, disclaim, renounce, abjure them, for themselves and their posterities for ever, as meer worthlesse toyes, or pernicious inventions, fit onely to kindle perpetual wars and discords between King and People, head and members, superiours and inferiours; or, as poor slender Cobwebs, (as now they prove) able to hold none within compasse, but the very weakest Flies, broken thorow with ease and impunity, by every greater Fly, or armed Waspe, creeping up into any Power or Supream Authority, by right or wrong; and swept down to the very ground, by every new Broom in the hand of vpstart Innovators.
But if upon saddest deliberation, they shall really estimate them to be such incompatable, rich, precious Jewels, and ancient Inheritances, as are every way worth the infinite Treasures, Wars, Blood, Cares, Consultations, Troubles, heretofore and of late years expended, both to gain, retain, confirm, and perpetuate them, to them and their Posterities for ever, as their principal earthly security, and beatitude; I hope they will all then unanimously conclude with the Poet,
Non minor est virtus quàm quaerere, PARTA TVERI: And both by their Votes and Actions, return the self-same [Page 7] peremptory magnanimous answer to any Caesar, Conqueror, Potentate, power, or Combination of men, whatsoever, (who shall endeavour by force, fraud, or flattery to compell or perswade them, to sell, resign, betray, or give up these their Ancestrall Priviledges, Inheritances, Birthrights to them) as Naboth once did to King Ahab, 1 Kings 21. 3. The Lord forbid it us, that we should give (sell or betray) the INHERITANCE OF OƲR FATHERS (and our Posterities likewise) unto thee, or you; though they should suffer for this Answer and Refusall, as much as Naboth did from bloody Ahab and Jezebel.
But whatever low price or estimate this spurious, stupid, sordid, slavish age may set upon these richest Pearls; yet for my own particular, upon serious consideration of these Chronological Collections, and the Solemn Oaths, Protestations, Vows, League and Covenant, obliging me to defend them to the uttermost; I value the whole Nations publike, and my own (with my cordial friends) private interest in them, at so high a rate, that I would rather chearfully part with ten thousand lives, and all the treasures of the Nation, Indies, were I owner of them, then wittingly, negligently, or unworthily sell, betray, or resign them up to any mortals or powers whatsoever, upon any pretences or Conditions, after all my former Publications, Contests, Sufferings, Losses, &c. for their just defence.
And to the end al 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 chearfully undertaken for their preservation; I have at vacant hours compiled this ensuing Vindication and Collection of the old Fundamental liberties, franchises, laws of all English freemen, which I shall bequeath to my most beloved Native Country, in general, and every reall Heroick Patron of them in particular, as the best Legacy I can leave behinde me, both for their present and future Enfranchisment, Immunity, security, from all Arbitrary Tyranny, Slavery and yokes of Bondage, under which they have a long time languished, and lamented in the bitterness of their spirits.
[Page 8] The Method I resolve herein to pursue, is this:
1. I shall produce some punctuall Authorities of moment, to evidence, That the Kingdome and Freemen of England, have some ancient Hereditary just Rights, Liberties, Priviledges, Franchises, Laws and Customs, properly called FVNDAMENTAL; and likewise a Fundamental Government, no wayes to be altered, undermined, subverted directly or indirectly, to the publique prejudice, under pain of highest Treason in those, who shall attempt it, especially by fraud, force, or armed power.
2. I shall, in brief Propositions, present you with the chiefest and most considerable of them, which our Ancestors in former ages, and our latest real Parliaments have resolved to be, and eargerly contended for, as FUNDAMENTAL, essentiall to their being and well-being, as a Free People, Kingdome, Republique, unwilling to be enslaved under any Yokes of Tyranny, any arbitrary, [...] positions or Powers whatsoever, Then give you a briefe touch of their severall late unparalelld violations, both by the Edicts and Actions of usurping Powers.
3. I shall in a Chronological way, tender you a large Historical Catalogue of National Parliamental, civill and military▪ Contests, Votes, Declarations, [...]emonstrances, Oathes, Vows, Protestations, Covenants, Engagements, Excommunications, Confirmations, Evidences, Statutes, Charters, Writs, Records, Judgments and Authorities in all ages, undeniably evidencing, declaring, vindicating, establishing, perpetuating these Fundamental Hereditary Rights, Liberties, Priviledges, Franchises, Customs, Laws, and abundantly manifesting the extraordinary care, industry, zeal, courage, wisdome, vigilancy of our Ancestours, to defend, preserve, and perpetuate them to posterity, without the least violation or diminution.
4. I shall vindicate the excellency, indifferency, and leg [...] lity of trying all Malefactors whatsoever, by Juries of their [...]eers, upon legal Processe and Indictments; and manifest the illegallity, injustice, partiality, dangerous consequences, of admitting or introducing any other form of Trials, by New. Arbitrary Martiall Commissions, or Courts of High Justice, [Page 9] (or ratherSummumjus, est summa injuria, Cic. de Officiis p. 611. injustice) inconsistent with, and destructive to the Fundamental Rights, Liberties, Priviledges, Laws, Franchises of the English Nation, and of most dangerous President to Posterity; being set up by the greatest pretenders to publike Liberty, Law, and the [...]heifest inveighers against Arbitrary Regal Tyranny and Power, which never publikely established such arbitrary illegal Tryals and new Butcheries of Christian English Freemen, by any law, and may fall to imitate them in future Ages, by their example. Each of these I intend to prosecute in distinct Chapters in their order.
CHAP. 1.
1. For the first of these: That the Kingdome and Freemen of England, have some ancient Hereditary Rights, Liberties, Priviledges, Franchises, Laws and Customs, properly called FƲNDAMENTAL; and likewise a FƲNDAMENTALL GOVERNMENT, no wayes 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 thoseLilbourn tried and cast p. 39, 40, 142, to 148 and elsewhere. John Cannes [...] Voice from the Temple. John Rogers Mene Tekel, Perez. p. 6. Lilly and Culpeper in their Prognostications An. 1653, & 1654. See the Armies Proposals. traiterous late published Pamphlets, which professedly deny it, and endeavour, a totall abrogation of all former Lawes, to set up a New modell and Body of the law, to rule us for the future, according to their pleasures.
The first is, the expresse words of the great Charters of the Liberties of England, granted by King John, Anno 1215. in the 16 year of his Reign; Regranted and confirmed by King Henry the third, in the 9 year of his Reign, and sundry times afterwards and by King Edward the first, in the 25 and 28 years of his reign: Wherein these three Kings successively, by their several grand Charters, under their great Seals, did grant, give, and confirm, to all the Nobility, [...] [Page 12] is, and ever shall be, far from the thoughts and intents of all good Kings, Governours and Parliament, who bear a sincere care and affection to the Subjects of England, to alter or innovate them. 3. That by these ancient good Laws, Priviledges and customs, not only the Kings Regall Authority, but the peoples Security of lands, livings, and priviledges, (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 whol state and frame of this Kingdom: Which I wish all Innovators and New Modellers of our Lawes and Government would now at last lay seriously to heart, and the whole Kingdome and English Nation sadly consider, who have found it an experimental truth of late years, and no imaginary seigned speculation.
3. The third is, The Remon [...]trance of the whole House of Commons in Parliament, delivered in Writing to King James, in the Parliament of 7. Jacobi, Anno 1610. which begins thus:
To the Kings most Excellent Majesty.
Whereas we your Majesties most humble Subjects, the Commons assembled in Parliament,See the 1 and 6 Proposition in cap. 2. having received first by Message, and since by speech from your Majesty, a Command of restraint, from debating in Parliament your Majesties Right of imposing upon your Subjects Goods exported out of, or imported into this Realm, ‘yet allowing us to examine the grievance of these Impositions, in regard of quantity, time, and other circumstances of disproportion thereto incident: We your humble Subjects nothing doubting, but that your Majesty had no intent by that command, to infring the ancient and fundamentall 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 Remonstr [...]nce to your Majesty.’
[Page 13] ‘First, we hold it an Ancient, general and undoubted Right of Parliament, to debate freely all matters, which do properly concern the Subject and his Right or Estate: which freedome of debate being once fore-closed, the essence of the Liberty of Parliament is withall dissolved,’ &c.
Here the whole House of Commons, in a speciall Remonstrance to King James, (printed and published by Order of a Committee of the House of Commons for licensing of Books, dated 20 Maii 17. Caroli 1641.) Declare, resolve, vindicate and maintain, one principal, ancient, fundamentall, general, undoubed right of the Liberty of Parliament, against the Kings intrenchment on it: Of which should they be but once fore closed, the Essence of the Liberty of Parliament is withall dissolved.
And peradventure it may not be unworthy the most serious disquisition of the next ensuing nominal or real Parliament, to examine, whether some clauses and restrictions in the 9. 12. 14. 16, 17. 21. 22. 24, 25. 27. 30. 32, 33. 36, 37, 38, 39, 40. Articles (or strings) of the New Instrument intituled, The Government of the Common-wealth of England, Scotland, and Ireland, and the Dominions thereunto belonging; as it was publikely declared at Westminster the 16. day of December 1653, &c. do not as much, nay far more intrench upon the ancient Fundamental, General undoubted Rights and Liberty of Parliament, and parliamentary free debates, to the dissolution of the Essential liberty of all future Parliaments, as this Command of King James did, or as the Bishops late Canons, imposed on the Clergy in and by the Convocation, Anno 1640. ever did; and this clause in their, &c. Oath then made, (nowSee the Government of the Commonwealth of England, &c. Arti [...] 12. the writs and printed returns for new [...]lections; and enforced new Test and Engagement imposed on the three Kingdoms and new Members, se [...]luding m [...], of them. imitated by others, who condemned it) I. A. B. do swear, that I will never give my consent to alter the Government of this Church, by Arch-bishops, Bishops, Deans and Arch-Deacons, &c. as it stands now established, and as by right it ought to stand. Which clause and Oath imposed onely on the Clergy-men.
Resolved by the whole House of Commons and Peers too, in Parliament, without one dissenting voice, December 16. 1640. to be a most dangerous & illegal Oath, contrary [Page 14] to the Rights and Priviledges of Parliament, and to the Fundamental Laws and Statutes of the Realu [...], &c. and of dangerous consequence: the contriving whereof was objected to the late Archbishop of Caterbury, in his original Articles of High Treason, for which amongst other things he lost his head.
The fourth is the notable Petition of Grievances of the whole House of Commons in Parliament, presented to King James in the seventh year of his Reign, after their Vote against his Right, to levy Impositions on goods imported, or exported, without assent and grant of Parliament, in these ensuing words.
The Policy of this your Majesties Kingdomes, appropriates unto the Kings of this Realm,See Proposition 1. in ch. 2. with assent of Parliament, as well the Soveraign power of making Laws, as that of taxing or imposing upon the Subjects Goods or Merchandises,Nota. 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 Kingdome, as they haveO how are they now degenerated! ever shewed themselves faithfull and loving to their Kings, and ready to aid them in all just occasions, with voluntary contributions: so have they been And should they not be so now then? ever careful to preserve their own Liberties and Rights, And should we now at last fail herein? 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, or upon commodities exported or imported by the merchants, they have in open Parliament complained of it, in that it was done without their consents, and thereupon How dare then any self created powers who are neither Kings nor Parliaments now arrogate to themselves, or exercise such a super-Reg al arbitrary power and Prerogative, against all our Laws and the [...] own instrument and oaths. never failed to obtain a speedy and full redresse, without any claim made by the Kings, of any Power or Prerogative in that point. And though the Law of property be original, and carefully preserved by the Common Laws of this Real, WHiCH ARE AS ANCIENT AS THE KINGDOME IT SELF, yet those famous Kings, for the better contentment and assurance of their loving Subjects, agreed, THAT THIS OLD FUNDAMENTAL RIGHT (observe the words) should be further declared, and established by Acts of Parliament, wherein it is provided, That no such Charge shall ever be [Page 15] laid upon the People, without their common Consents, as may appear, by sundry Records of former times.
We therefore your Majesties most humble Commons assembled in Parliament Nota. And oh that we would follow it now again, both in and out of Parliament? following the example of this worthy care of our Ancestors, and out of our Duty to those for whom we serve, finding that your Majesty, without advice of your Lords and Commons, hath lately (in times of Peace) Set both greater Impositions, and farre more in number, than any your Noble Ancestors did ever in time of Warre, do with all humility present this most just and necessary Petition unto your Majesty, THAT ALL IMPOSITIONS SET WITHOƲT ASSENT IN PARLIAMENT, MAY BE QƲITE 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, Nota. to declare, That all Imposition of any kinde, set, or to be set upon your people, their Goods or Merchandises, save onely by common Consent in Parliament, are and shall b [...] Void; wherein your Majesty shall not onely Give your Subjects great Satisfaction in point of their Right; but also bring exceeding joy and comfort to them, who now suffer partly through the abating of the price of Native Commodities, and partly through the raising of all Forraign, to the overthrow of Merchants, and shipping, the causing of general dearth, and decay of all wealth among your people; who will be thereby no lesse discouraged, than disabled to supply your Majesty when occasion shall require. In which memorable Petition, the whole House of Commons resolve in direct terms: 1. That the Subjects of England have old original Fundamental Rights (and more particularly) in the Property of their Goods, exempted from all Impositions whatsoever, in times of peace or war, without their common consent in Parliament; declared and established both by the ancient and common law of England and sundry Acts of Parliament, and records, of former times. 2. They declare, the constant vigilant care, zeal of our ancestors and former Parliaments in all ages, inviolably to maintain, defend, preserve the same, against all enchroachments, together [Page 16] with their own care, duty and vigilancy in this kind in that very Parliament. 3. They relate the readinesse of our Kings to ratifie these their Fundamental Rights by new Acts of Parliament, when they have been violated in any kinde. 4. They declare the benefit accruing both to Prince and People, by the inviolable preservation and establishment of this old Fundamental right, and the mischiefs accruing to both by the infringment thereof, by arbitrary illegall impositions, without full consent in Parliament. 5. They earnestly (in point of Conscience, prudence, and duty to those for whom they served) Petition his Majesty, for a new Law and Declaration, against all new Impositions and Taxes on inland Goods, or Merchandises imported or exported, without the peoples free consent in Parliament, as null, void, utterly to be abolished and taken away: Whether it will not be absolutely necessary for the whole English Nation, and the next ensuing National, or reall Parliament, to prosecute, enact, establish such a Declaration and Law against all such former and future arbitrary, illegal, oppressive Taxes, Impositions, Excises, that have been imposed and continued for many years together on the whole kingdome, bySee the whitehall Ordinances for the six months contribution, Excise, till 1656. tunnage & Poundage till 1658. beyond all Presidents in any age, and the very words and letter of the 30 Article of their government. new extravagant, self-created, usurping ARMY-OFFICERS, and other Powers, without free and full consent of the people in Lawfull English Parliaments, against all former Laws, Declarations and Resolutions in Parliaments, to their great oppression, enslaving, undoing, in far greater proportions, multiplicity, and variety, than ever in former Ages, without the least intermission; and likewise against their late declared designe, to perpetuate them on our exhausted Nation, without alteration or diminution, (beyond and against all presidents of former Ages) both in times of Peace and War, for the future, by the 27, 28, 29, 30, 39. Articles of the Instrument entituled, The Government of the Common-wealth of England, &c. I remit to their most serious considerations to determine, if ever they resolve to be English Freemen again, or to imitate the wisdome, prudence, zeal, [Page 17] courage and laudable examples of their worthy Ancestors, from which they cannot now degenerate without the greatest Infamy, and enslaving of themselves with their Posterities for ever, to the arbitrary wils of present or future Ʋsurpers on their Fundamental Rights and Liberties, in an higher degree then ever in any precedent Ages, under the greatest Conquerours or Kings, after all their late, costly, bloody Wars, for their Defence against the beheaded King.
5 The fifth is, A learned and necessary Argument made in the Commons House of Parliament, Anno 7. Jacobi, to prove, That each Subject hath a Property in his Goods; shewing also, the extent of the Kings Prerogative in Impositions upon the Goods of Merchants, exported or imported, &c. by a late learned Judge of this Kingdome, printed at London by Richard Bishop, 1641. and Ordered to be Published in Print, at a Committee appointed by the Honorable House of Commons, for examination and Licensing of Books, 20. Maii 1641. In which Parliamentary Argument, p. 8. 11. 16. I finde these direct Passages: That the New Impositions contained in the Book of Rates, imposed on Merchandizes, imported and exported by the Kings Prerogative, and Letters Patents, without consent in Parliament, is against the natural Frame and Constitution of the Policy of this Kingdome, which is, JƲS PƲBLICƲM REGNI, AND SO SVBVERTETH THE FUNDAMENTAL LAW OF THE REALM,Nota. 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 Yet those who have pulled down our Kings as Tyrants, now presume to do it: Witness their New White-hall Laws and Ordinances, amounting to near 700. pages in folio in a few moneths space. any King practised the contrary; therefore IT IS THE ORIGINAL RIGHT OF THE KINGDOME, AND THE VERY NATURAL CONSTITUTION OF OUR STATE AND POLICY, being one of the highest Rights of Soveraign Power. If the King alone out of Parliament may impose, And do not those do so, who now [...]ay Monethly Taxes, Excises, Customs and New Imposts on us daily, out of Parliament, and that for many moneths and years yet to come, against the Letter of their own Instrument and Oath too? HE ALTERETH THE LAW [Page 18] 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 And are they not so now? AGAINST THE ORIGINAL FƲNDAMENTAL LAWS AND PROPERTY OF THE SƲBJECT, and Original Right, Frame and Constitution of the Kingdome; as the Notes and Journals of that Parliament evidence: An expresse parliamentary Resolution in point, for what I here assert.
6. The sixth is, A Conference desired by the Lords, and had by a Committee of both Houses, concerning the Rights and Priviledges of the Subject. 3. Aprilis 4. Caroli 1628. entered in the Parliament Journal of 4. Caroli, and since printed at London 1642. In the Introduction to which Conference, Sir Dudley Digs by the Commons House Order, used these expressions: My good Lords, whilest we the Commons, out of our good affections, were seeking for money, we found, I cannot say a [...]ook of the Law, but many A FƲNDAMENTAL POINT THEREOF NEGLECTED AND BROKEN, which hath occasioned our desire of this Conference: wherein I am first commanded to shew unto your Lordships in general: That the Laws of England are grounded on Reason more ancient than Books, consisting much in unwritten Customs; yet so full of Justice and true Equity, that your most honorable Predecessors and Ancestors propugned them with, a20. H. 3. c. 9. See Cooks 2 In [...]it. p. 97, [...]8. NOLƲMƲS MƲ TARI; and so ancient, that from the Saxons dayes, notwithstanding the injuries and ruines of time, they have continued in most parts the same, &c. Be pleased then to know, THAT IT IS AN UNDOUBTED AND FUNDAMENTALL POINT OF THIS SO ANCIENT COMMON LAW [Page 19] OF ENGLAND,Proposition 1, 4THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS, which doth preserve as sacred, that MEƲM and TƲ ƲM, that is the Nurse of Industry, and the Mother of Courage, and without which, there can be no Justice, of which ME ƲM and TƲ ƲM is the proper object: But the ƲNDOƲBTED BIRTH-RIGHT OF FREE SƲBJECTS, 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,Proposition 2. &c. Which the Commons House proved by many Statutes and Records in all ages, in that Conference, to the full satisfaction of the Lords House; since published in print.
7. The Seventh is, The Vote theSee Canterburies Doom, p. 19. Exact Coll. p. 12. whole House of Commons, 16. December 1640. Nullo contradicente, entered in their Journall, and printed in Diurnall Occurrences, page 13. That the Canons made in the Convocation (Anno 1640.) ARE AGAINST THE FUNDAMENTAL LAWS OF THE REALM, the Property and Liberty of the Subject, the Right of Parliament, and containe diverse things tending to Faction and Sedition. Seconded in their Remonstrances of 15. December 1641.
8. The eight Authority is,Exact Collect. p. 112, 113. The Votes of both Houses of Parliament, concerning the security of the Kingdome of ENGLAND and Dominion of Wales, 15. Martii 1641. Ordered by the Lords and Commons in Parliament to be forthwith printed and published (as they were then by themselves, and afterwards with other Votes and Orders) Resolved upon the Question, nemine▪ contradicente; That in case of extream danger, and his Majesties refusall, the Ordinance agreed on by both Houses for the MILITIA (to secure the Houses, Members and Priviledges of Parliament and Kingdome against ARMED-VIOLENCE, since brought upon them by the MILITIA of the Army) doth obliege [Page 20] the people, and ought to be obeyed, by the FUNDAMENTAL LAWS OF THIS KINGDOME. A very vain and delusory Vote, if there be no such Law, as some now affirm.
9. The nineth punctuall Authority is,Exact Coll. p 850, 584, [...]87, 888. a Second Declaration of the Lords and Commons assembled in Parliament, concerning the Commission of Array; Printed by their speciall Order of 12. January 1642. Wherein are these observable passages, The main drift of all the answer is to maintain, That the King by the Common Law may grant such a Commission of Array, as this is, upon this ground, because its for the Defence of the Kingdome: And, that the power, which he hath to grant it by the Common law, is not taken away by the Petition of Right, or any former Statute, but the King notwithstanding any of them, may charge the Subject for Defence of the Kingdome; so as the charge imposed come not to himself, nor to his particular advantage.
These grounds thus laid, extend not to the Commission of Array alone, but to all other charges that his Ma [...]esty shall impose upon his Subjects,See Chap. 2. Proposit. 1, 2. 3. upon pretence of Defence of the Kingdome; for there is the same reason of Law for any other charge that is pretended for Defence, as for this. If his Majesty by the Common Law may charge his Subjects to finde Arms, and other things in the Commission enjoyned, because they are for Defence of the Kingdom; by the same reason of Law, he may command his People to build Castles, Forts and Bulwarks, and after to maintain them with Garrisons, Arms, and Victuals, at their own charges: And by the same reason he may compel his subjects to finde Ships, and furnish them with Men, Ammunition and Victuals, and to finde Souldiers pay,Do not the Army Officers now enforce them to all this without a Parliament, to support their usurped new Powers and Possessions, and establish themselves in a most absolute Soveraignty over our three kingdoms? Coat and Conduct money; provide victuals for Souldiers, and all other things NECESSARY FOR AN ARMY; these things being as necessary for Defence, as any thing that can be done in execution of this Commission. And for that exposition of the Petition of Right and other Statutes therein noted (if it should hold) doth it not overthrow, as well the Petition it self, at all other Laws that have been made for the subjects benefit against Taxes and other charges, either [...] or any other Parliaments?
[Page 21] These Positions thus laid down and maintained,Nota. Do shake the Fundamental Laws of the Kingdome (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 hisThese expostulations reach to them at Whitehall now, who presume to impose Taxes, Customs, Excises and make binding laws and Instruments for our whole 3 kingdomes, Nations, Parliaments, which no King there ever did in like nature, nor their C [...] cels in any age. Majesty call Parliaments, to provide for Defence of the Realm, when himself may compell his subjects to defend it without Parliaments? If these grounds should hold, what need the subjects grant subsidies in Parliament for Defence of the Kingdome in time of reall danger, if the King for Defence at any times, when he shall onely 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 [...] LAWES OF THE LAND, both for PROPERTY OF GOODS, AND LIBERTY OF PERSON, &c. As it is against THE FUNDAMENTAL LAWS OF THE REALM, so no statute makes it good, &c. And the Lords and Commons do upon the whole matter here conclude, That they are very much aggrieved, that after so many Declarations and solemn Protestations made by his Majesty to rule by the known Laws of this Land, his Majesty by advice of his ill Councellors should be perswaded to set such a Commission on foot, which is so clearly contrary TO THE FUNDAMENTAL LAWS OF THIS LAND, the Rights of Property, and Liberty of the Subject, contrary to former resolutions of Parliament, and to the Petition of Right.
I am certain, the generality of the Nation are now as much and more agrieved, that some, who were Parties to this Declaration, and others, who have made as many or more Declarations & Protestations as his Majesty ever did, to rule by the known laws of the Land; should since this, far exceed his Majesty in the like, nay greater, more exorbitances in the Militia, Excises, Taxes, Impositions, Imprisonments [Page 22] arbitrary extravagant proceedings, capital executions in new erected Courts of Injustice, and whole volumes of new binding Ordinances, as they term them, and their ill-sounding Instrument, obliging all our three Nations, both for the present & all future ages, inSee the true state of the case of the Commonwealth of England, &c. p. 33, 34. their intention; as diametrically contrary as the Kings Commissions of Array, to the Fundamentall Laws of the Land (four times together so stiled and insisted on, as such, in this one Declaration of both Houses) the Right of Property of the Subject, contrary to former Resolutions, and the Petition of Right; yea (which is most abominable) to their own Declarations, Remonstrances, Votes, Protestations, Vows, Solemne Leagues and Covenants in Parliament, to their own eternall Infamy, as well as the peoples intolerable oppression and slavery; who thereupon may justly conclude and protest against them, as both Houses did in the close of this ‘Declaration against the Array, viz. Exact Collect: p. 888. And the Lords and Commons do and shall adhere to their former Votes & Resolutions, That all those that are Actors in putting of this Commission of Array (these Instruments, Ordinances new Taxes, Imposts, Excises) in execution, shall be esteemed disturbers of the Peace of the Kingdome, and of the Properties and Liberties of the Subject.’
10. The tenth Evidence is,A Collection of all publike Orders, Ordinances, and Declarations of Parliament, p. 451, 452, 457, 458. the Vote and Letter of both Houses of Parliament sent to his Majesty at Oxford, 9. March 1643. in Answer to his Majesties, of the third of March▪ and wherein there is this passage: We the Lords and Commons assembled in the Parliament of England, &c. Have resolved, with the concurrent advice and consent of the Commissioners of Scotland, to represent to your Majesty in all humility and plainnesse as followeth; That this present Parliament convened, according to the known andHow have others of late (which they stile Parli [...]ments) been convened? ‘FUNDAMENTAL LAWS OF THE KINGDOME (the continuance whereof is established by a law consented to by your Majesty) is in effect denied to be a Parliament, &c.’ And hereupon [Page 23] we think our selves bound to let your Majesty know; That since the Yet forcibly dissolved by the Army, and some now in Power, against their Commissions, Oaths, Trusts, Protestations Covenant, and an Act of Parliament for their continuance; who may do well to peruse this clause. See c. 2. Proposition 6, 7. continuance of this Parliament is settled by a Law, (which as all other laws of your Kingdome, your Majesty is sworn to maintain, as we are sworn to our Allegiance to your Majesty; those Obligations being reciprocall) we must in duty, and accordingly are resolved, with our Lives and Fortunes, to Defend and preserve the [...]ust Rights and full Power of this Parliament: To which the Earle of Essex (then General) by both Houses order, in his Letter to the Earle of Forth January 30. 1643. adds this Corolary. My Lord, the main [...]enance of the Parliament of England, and the Priviledges thereof, is that for which we are resolved to spend our bloud, as being THE FOƲNDATION WHEREON ALL OƲR LAWS AND LIBERTIES ARE BƲILT: Which both the Lords and Commons assembled in Parliament, in their Declaration 23. March 1643. touching their proceedings upon his Majesties Letter, concerning a Treaty of Peace; (wherein this Earls former letter is recited) thus second: The Parliament of England is the onely Basis, the chief Support and Pillar of our Laws and Liberties, &c. And if notwithstanding all these Obligations, the King shall at his pleasure dissolve this Parliament, the Kingdome is not onely deprived of the present, but made uncapable of enjoying the benefit of any future Parliament, or Laws, any longer than shall stand with the will and pleasure of the King: and consequently THE FUNDAMENTALS OF ALL OUR LAWS AND GOVERNMENT ARE SUBVERTED. Let the Parliament-purging, securing, sequestring, dissolving Officers Army, and their Confederates, seriously ponder this, yea let all the whole English Nation and their Trustees who shall hereafter sit in Parliament, consider and reform it in the first place, if ever they expect any Freedome, free Parliaments, Peace, settlement, enjoyment of their Fundamental Laws, Rights, or Liberties for the future, depending on our Parliaments Freedome, and exemption from all force and violence on its Members.
[Page 24] The eleventh is, theA Collection &c. p. 504. Ordinance of both Houses of Parliament, 13. Junii 1644. For the Forces raised in the County of Salop, which begins thus: ‘The Lords and Commons assembled in Parliament, taking into their serious considerations, the great Oppressions under which the Inhabitants of the County of Salop lie, by reason the insupportable Taxes, &c. and the present condition of the County, by reason of the great number of Irish Rebels that have invaded it, and joyned with Papists and other ill affected Persons, now in those parts, which threaten the extirpation of the Protestant Religion, and the subversion of the FUNDAMENTAL LAWS and GOVERNMENT OF THE KINGDOM.’ For prevention whereof, &c. A direct Ordinance in point.
The twelfth is,A Collection &c. p. 877, 878, 879. a Declaration of the Commons of England, assembled in Parliament, 17. Aprilis 1646. ‘Of their true intentions concerning the ANCIENT and FUNDAMENTAL GOVERNMENT OF THE KINGDOME, securing the people against ALL ARBITRARY GOVERNMENT, &c.’ wherein they complain, ‘That the Enemy being in dispair to accomplish his Designes by War, do mis-represent our intentions in the use we intend to make of the great successes God hath given us, and the happy opportunity to settle Peace and Truth in the three Kingdomes; to beget a belief that we now desire to exc [...]ed, or swerve from our first Aym's and Principles in the undertaking of this War, and to recede from the Solemn League and Covenant, and Treaties between the two Kingdomes; and that we would prolong these uncomfortable troubles, and bleeding distractions, INAnd is not all this now proved a reall experimental truth, in some of these Remonstrants, to their shame? ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION AND FRAME OF THIS KINGDOME, to leave all Government in the Church loose and unsettled, and ourselves to exercise THE SAME ARBITRARY POWER OVER THE PERSONS and ESTATES OF THE SƲBJECTS, which this present Parliament hath thought fit to abolish,’ by taking away the Star-Chamber, High-Commission, [Page 25] and other arbitrary Courts, and the exorbitant Power of the Council Table, (all which we have seen experimentally verified in every particular, in the highest degree, notwithstanding this Declaration, by some in late and present power, and new White-hall Council Tables, exceeding the old in illegal Taxes, Law-making, and other extravagances:) All which being seriously considered by us, &c. We do declare, THAT OUR TRUE and REAL INTENTIONS ARE, and OUR ENDEAVOUR SHALL BE, to settle Religion in the purity thereof,And can most of these Remonstrants in late or present Power, now say this in truth or realty? and must not they be utterly ashamed, confounded, before God and man, when they consider how they have dissembled, prevaricated with God and men herein, in each particular? TO MAINTAIN THE ANCIENT and FUNDAMENTALL GOVERNMENT OF THIS KINGDOME, TO PRESERVE THE RIGHTS and LIBERTIES OF THE SUBJECT; to lay hold on the first opportunity of procuring a safe and well grounded peace in the three Kingdoms, and to keep a good understanding between the two Kingdomes of England and Scotland, according to the grounds expressed in the Solemn League and Covenant: And lest these generals should not give a sufficient satisfaction, we have thought fit, to the end men might no longer be abused in a misbelief of our intentions, or a misunderstanding of our actions, to make a further enlargement upon the particulars.
And first, Concerning Church-Government, &c. because we cannot consent to the granting of an Arbitrary and unlicensed Power and Jurisdiction, to neer ten thousand Judicatories to be erected within this Kingdome, and this demanded in such a way, as is not consistent with the FƲNDAMENTAL LAWS and GOVERNMENT OF THE SAME, &c. Our full resolutions still are, sincerely, really and constantly to endeavour the Reformation of Religion in the Kingdome of England and Ireland, in Doctrine, Worship, and Government, according to the word of God, and the example of the best Reformed Churches, and according to the Covenant. WE ARE And can the new Modellers of our Government over and over, who were parties to this Declaration, & then Members of the Commons House, say so now? or read this without blushing and self-abhorrence? SO FARRE FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOME BY KING, LORDS and COMMONS, that we have onely desired, that with the consent of the King, such Power may be settled in the TWO HOƲSES, without which we can have no assurance, [Page 26] but that the like, or greater mischiefs than those which God hath hither to dilivered us from, may break out again, and engage us in a second and more destructive war; whereby it plainly appears, Our intentions are not to change the Antient Frame of Government within this Kingdome, but to obtain the end of the Primitive Institution of all Government, The safety and weal of the People; not judging it wise or safe, after so bitter experience of the bloody consequence of aIs not a superintendent power in the Army over, above & against the Parliament or People, far more dangerous & likely to introduce such an arbitrary Government in the Nation, if lest in the General, Officers or their Councels power? pretended Power of the Militia in the King, to leave any colourable authority in the same, for the future attempts of introducing AN ARBITRARY GOVERNMENT OVER THIS NATION. ‘We do declare, That we will not, nor any by colour of any Authority derived from us, shall interrupt the Did not the imposing a strange New Engagement, and sundry arbitrary Committes of Indemnity, &c. int [...]r [...]upt it in the highest degree; and the misnamed high Courts of Justice, falsifie this whole clause? ordinary course of Justice, in the severall Courts of Judicatories of this Kingdome, nor intermeddle in the cases of private interest other where determinable, unlesse it be in case of male-Administration of Justice; wherein we shall see and provide, that Right be done, and punishment inflicted, as there shall be occasion, ACCORDING TO THE LAWS OF THE KINGDOME.’
Lastly, Whereas both Nations have entred into a Solemn▪ League and Covenant; we have, and EVER SHALL BE VERY CAREFULL DULY TO OBSERVE THE SAME: that as nothing hath been done, SO NOTHING SHALL BE DONE BY US REPUGNANT TO THE TRUE MEANING AND INTENTION THEREOF, &c. WHO WILL NOT DEPART FROM THOSE GROUNDS AND PRINCIPLES, upon which it was framed and founded.
Though the generality of the (afterwards,) secured and secluded Majority of the House of Commons, endeavoured constantly to make good this Declaration in all particulars; yet how desperatly the garbled Minority thereof, continuing in power after their Seclusion, prevaricated, apostatized, and falsified their Faith herein in every particle, in the highest degree, we cannot but with greatest grief of heart, and detestation remember, to the subversion, [Page 27] ruine of our King, Lords, Commons, Kingdome, Parliaments, Fundamentall Laws, Government, and the peoples Liberties, &c. almost beyond all hopes of restitution or reparation in humane probability, without a miracle from heaven. The Lord give them grace most seriously to consider repent of, and really, sincerely reform it now at last, and to make it the principle subject of their prescribed publike Humiliations, Fasts and Lamentations, as God himself prescribes; Isa. 58. 5, 6, 7, 8. Jer. 34. 8. to 22. Ezech. 19. 1. 14. Hos. 10. 3, 4. and not still to adde drunkennesse to thirst, lest they bring them to temporall and eternal condemnation for it in Gods own due time, and engender endlesse Wars, Troubles, Taxes, Changes, Confusions in our Kingdomes, as they have hitherto done and will do till all be restored to their just Rights, Powers, Places, Possessions and Liberties.
By this full Jury of Parliamentary Authorities, to omit many others, ofExact Collect. p. 4. 12. 34. 61. 243. 260. 321. 500. 502. like, orSee the humble Remonstrance against the illegall Tax of Ship-money briefly discussed, p. 2. &c. Englands Birth righ & their Treatises. The Declaration of Sir Thomas Fairfax, and the Army under his Command, tendered to the Parliament, June 14. 1647. concerning the Just and Fundamental Rights and Liberties of the Kingdome. inferiour nature, and lesse moment, it is undeniable: That the people of England, have both ancient Fundamentall Rights, Liberties, Franchises, Laws, and a Fundamental Government, which like the Laws of the Medes and Persians, neither may nor ought to be altered, or innovated upon any pretence, but perpetually maintained, defended, with greatest care, vigilancy, resolution; and he who shall deny or oppugn it, deser [...]s no refulation by further arguments, since it is a received Maxime in all Arts, Contra Principia negantem non est disputandum; but rather demerits a sentence of Condemnation and publike execution at Tyburn, as a Common Enemy, Traitor to our Laws, Liberties, Nation; it being no lesse than a transcendent crime, and High Treason by our Laws, for any person or persons, secretly or openly, to attempt the undermining or subversion of our fundamental laws, rights, Liberties, Government, especially by fraud, treachery, force or armed power and violence (the later part of my first proposal) which I shall now confirm by these twelve following Presidents and Evidences, corroborating likewise the former part, That we have such Fundamental laws, liberties, rights, franchises, and a fundamental Government too.
[Page 28] In theWalsingham, Stow, Holinshed Speed Grasion, Trussel, Baker in 5 R. 2. John Stows Survey of London p. 89. to 103 Mr. St. Johns Argument at Law, at Straffords Attainller p. 14. fifth year of King Richard the second, the vulgar rabble of people and villains, in Kent, Essex, Sussex, Norfolk, Cambridge-shire and other Counties, under the Conduct of Wat Tyler, Jack Straw and other Rebels, assembling together in great multitudes (occasioned at first by the new invented Tax of Poll-money, granted by Parliament, and the over-rigorous levying thereof, on the people, by the Kings Officers (though nothing so grievous as our Excises, Contributions, & new Imposts now, so long exacted without any legal Grant in true, free and full English Parliaments) resolved by force and violence, to abrogate the law of Villenage, with all other laws they disliked, formerly setled; to burn all the Records, kill and behead all the Judges, Justices, and men of law of all sorts, which they could get into their hands; to burn and destroy the Inns of Court, (as they did then the new Temple, where the Apprentices of the law lodged, burning their Monuments and Records of Law there found) to alter the tenures of lands, to devise new laws of their own, by which the Subjects should be governed: to change the ancient Hereditary Monarchicall Government of the Realm, and to erect petty elective Tyrannies and Kingdomes to themselves in every shire: (A project eagerly prosecuted by some Anarchicall Anabaptists, Jesuits, Levellers, very lately) and though withall they intended to destroy the King at last, and all the Nobles too, when they had gotten sufficient power; yet at first to cloak their intentions from the people, they took an Oath of all they met; Quod Regi & Communibus fidelitatem servarent; that they should keep Allegiance and Faith to the King & Commons: Yea, Wat Tyler demanded a Commission from the King, to behead all Lawyers, Escheaters, and others whatsoever that were learned in the laws, or communicated with the law by reason of their Office, conceiving in his minde, that this being brought to passe, all things afterwards would be ordered according to his own and the common peoples fancy. And he made his vaunt, putting his hand to his own lips; That before scure dayes came to an end, ALL THE LAWS OF ENGLAND SHOULD PROCEED FROM HIS MOUTH. (Which some of late times [Page 29] seem to speak not only in words, but deeds, by their manifold new laws and Edicts, repealing or contradicting our old) This their resolution and attempt thus to alter and subvert the Laws and Government, upon full debate in the Parliament of 5. R. 2. n. 30. 31. was declared to be High-Treason against the King and the Law, for which divers of the chief Actors in this Treasonable Designe, were condemned and executed, as Traitors, in severall places; and the rest enforced to a publike submission, & then pardoned. Let these imitators now remember this old President.
2. In theThe Statutes at large, Stow, Holinshed, Speed, Grafton, Baker Trussel, in 10 & 21 R. 2. & 1 H. 4. M. St. Johns Speech concerning the Shipmony Judges p. 28. to 37. and argument at Law, at Straffords Attainder. Parliament of 11. R. 2. (as appears by the Parliament Rols and printed Statutes at large) three Privy Councellours, the Archbishop of York, the Duke of Ireland, and the Earl of Suffolk, the Bishop of Exeter, the Kings Confessor, five Knights, six Judges (whereof Sir Robert Tresylian Chief Justice was one) Blake, of the Kings Councel at Law, Ʋsk, 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 endeavour to procure their pardon, under pain of Felony; for their endeavouring to overthrow a Commission for the good of the Kingdome, contrary to an Act of Parliament, by force of Arms, and opinions in Law delivered by these temporizing Judges and Lawyers, to the King, (through threats and terrour at Nottingham Castle) tending to subvert the Laws and Statutes of the Realm, overthrow the Power, Priviledges and proceedings of Parliament, and betray (not As some of late years have done. all the House of Lords, but only) some of the Lords of Parliament. Which Judgement being afterwards reversed in the forced and packed Parliament of 21. R. 2. was reconfirmed in the Parliament of 1 H. 4. c. 3, 4, 5. and the Parliament of 21. R. 2. totally repealed, and adnulled for ever, and hath so continued. Read Statut. at large.
3. In the M. St. Johns argument at Law, at Straffords Attainder p. 13, 14, 17. Parliament of 17 R. 2. n. 20. and Pas. 17 R. 2. B. Regis Rot. 16. Sir Thomas Talbot was accused and found guilty of High Treason, for conspiring the death of the Dukes of Glocester, Lancaster, and other Peers, who maintained the Commission confirmed by Act of Parliament, 10. R. 2 [Page 30] and assembling people in a warlike manner in the County of Chester, for effecting of it, in destruction of the estates of the Realm; and the Laws of the Kingdome.
4. In theHall, Fabian Holinshed, Speed, Grafto [...], Stow, Martin, Baker. 29. year of King Henry the sixth, Jack Cade, under a pretence to REFORM, alter and abrogate some laws, Purveyances and Extortions importable to the Commons whereupon he was called JOHN AMEND ALL) drew a great multitude of Kentish people to Black-heath, in a warlike manner, to effect it: In the Parliament of 29 H. 6. c. 1 this was adjudged High Treason in him and his Complices, by Act of Parliament: and the Parliament of 31. H. 6. c. 1. made this memorable Act against him, and his Imitators in succeding ages; worthy serious perusal and consideration by all, who tread in his footsteps, and overact him in his Treasons.
‘Whereas the most abominable Tyrant, horrible, odious, and errant FALSE TRAYTOR, John Cade, calling himself sometimes Mortimer, sometime Captain of Kent, (which Name, Fame, Acts and Feats, be to be removed out of the speech and minde of every faithfull Christian man perpetually) falsly and traiterously purposing and imagining the perpetuall destruction of the KINGS PERSON and FINAL SƲBVERSION OF THIS REALM, taking upon himAnd have not others of late assumed to themselves more Royal power than he? resolved to be Treason by 21. [...]. 3. Rot. Parl. & Cooks 3. Institut p 9. ROYALL POWER, and gathering to him the Kings People in great number, BY FALSE SƲBTIL, IMAGINED LANGƲAGE: and seditiously made a stirring Rebellion, and insurrection, ƲNDER COLOƲR OF JƲSTICE, FOR REFORMATION OF THE LAWS OF THE SAID KING, robbing, slaying, spoiling a great part of his faithfull people: Our said Soveraign Lord the King, considering the premises, with many other, which were more odious to remember, by advice and assent of the Lords Spiritual and Temporal, and at THE REQUEST OF THE COMMONS, and by Authority aforesaid, Hath ordained and established, that the said John Cade shall be had, named and declared, A FALSE TRAYTOR, to our said Soveraign Lord the King; and that all his Tyranny, Acts, Feats, & false Opinions, shall be voided, abated, adnulled, destroyed, and put out [Page 31] of remembrance for ever. And that all Indictments, and things depending thereof, had and made under the power of Tyranny, shall likewise be void, adnulled, abated, repealed, and holden for none: and that the blood of none of them be defiled, nor corrupted, but by the Authority of the said Parliament clearly declared for ever. And that all Indictments in time coming, in like case, under power of Tyranny, Rebellion and stirring had, shall be of no regard or effect, but void in Law: And all the Petitions To wit by Cade and his Confederates for the alteration of the laws delivered to the said King in his last Parliament holden at Westminster, the sixth day of November the 29. of his Reign, against his minde, by him not agreed, shall be taken and put in Oblivion, out of Remembrance, undone, voided, adnulled and destroyed for ever, as a thing purposed against God and his Conscience, and against his Royal estate and preheminence, and also DISHONORABLE and UNREASONABLE.’
5. In the See Mr. St. Johns argument against Strafford, p. 17. Halls Chronicle and Holinshed. 8 year of King Henry the 8. William Bell, and Thomas Lacy, in the County of Kent, conspired with Thomas Cheney (the Hermite of the Queen of Fairies) TO OVER THROW THE LAWS AND CUSTOMS OF THE REALM: for effecting whereof, they with 200 more met together, and concluded upon a course of raising greater forces in Kent, and the adjacent Shires; This was judged High Treason, and some of them executed as Traitors. Moreover, it Cooks 3. Institutes p. 9, 10. was resolved by all the Judges of England, in the reign of Henry. 8. that an Insurrection against the Statute of Laborers, or for the inhansing of Salaries and wages, or against any Statute, or to remove Councellors, or to any other end pretending Reformation of their own heads, was TREASON, and a levying war against the King, BECAƲSE 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. OnCooks 4. Institutes c. 8. p. 89. to 96. December 1. in the 21. year of King Henry the 8. Sr. Thomas Moore, Lord Chancellour of England, with fourteen more Lords of the Privy Councel, John Fitz-James, Chief Justice of England, and Sir Anthony Fitz-Herbert, [Page 32] Herbert, one of the Judges of the Common Pleas, exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinal Wolsey: That he had by divers and many sundry wayes and fashions, committed High Treason, and NOTABLE GRIEVOUS OFFENCES, by misusing altering and subverting of his Graces Laws, and otherwise, contrary to his high Honour, Prerogative, Crown, Estate, and Dignity Royal; to the inestimable great hinderance, 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 practises and proceedings to the subversion of the due course and order of his Graces Laws, to the undoing of a great number of his loving people. Whereupon they pray. Please therefore your mostexcellent Majesty of your excellent goodnesse towards the Weal of this your Realm, and subjects of the same, to set such order and direction upon the said Lord Cardinal, as may be to terrible example of other, to beware to offend your Grace, and your Laws hereafter: and that he be so provided for, that he never have any Power, Jurisdiction or authority hereafter, to trouble, vex or impoverish the common-wealth of this your Realm, as he hath done heretofore, to the great hurt and dammage of every man almost, high and low. His See Speed, Hollinshed, Grafton, Stow, Antiquitates Ecclesiae Brit. p. 378. & 379. and Godwin in his life. poysoning himself prevented his legal judgement for these his Practises.
7. The Statute of 3. and 4. Ed. c. 5, 6. enacts, That if any persons, to the number of twelve or more, being assembled together, shall intend, go about, practise or put in use with force and arms, unlawfully of their own authority, TO CHANGE ANY LAWS made for Religion, by authority of Parliament, OR ANY OTHER LAWS OR STATUTES OF THIS REALM, STANDING IN FORCE, OR ANY OF THEM; and shall continue together by the space of an houre, being commanded by a Justice of Peace, Mayor, Sheriffe, or other Officer to return: or shall by ringing of any Bell, sounding of any Trumpet, Drumme, Horn, &c. raise such a number of persons, to the intent to put any the things aforesaid in ure, IT SHALL BE HIGH TREASON, and the parties executed as Traytors: After [Page 33] this the Statute of 1 Mariaec.Mr. St. Johns Argument against Strafford p. 14, 15. 12. Enacted, That if twelve or more in manner aforesaid, shall endeavour by force to alter any of the Laws or Statutes of the Kingdome; the offenders shall from the time therein limited, be ad [...]udged ONELY AS FELONS, whereas it was Treason before: but this Act continuing but till the next Parliament, and then expiring, the offence remains Treason, as formerly.
8. In theCooks 3 Instit. c. 1. p. 9, 10. Mr. St. Johns Argument at law against Strafford, p, 15, 16. 39. year of Queen Elizabeth, divers in the County of Oxford consulted together to go from house to house in that County, and from thence to London and other parts, to excite them to take arms for the throwing down of inclosures throughout the Realm; nothing more was prosecuted, nor assemblies made; yet in Easter Term 39. Elizabeth, it was resolved by all the Judges of England (who met about the Case) that this was High Treason, and a levying war against the Queen, because it was to throw down all inclosures throughout the Kingdom, to which they could pretend no right: and that the end of it was, TO OVER THROW THE LAWS AND STATUTES for inclosures. Whereupon BRADSHAW and BURTON (two of the principal Offenders) were condemned and executed at Ainstow Hill in Oxfordshire, where they intended their first meeting.
9. To come nearer to our present times and case: In the last Parliament of King Charls, Anno 1640.See the Journals of both Houses, & Act for his Attainder. Mr. Pyms Declaration upon the whole matter of the Charge of High Treason, against him, Aprill 12. 1641. Mr. St. Johns argument at law, at his Attainder, and Diurnal Occurrences. The whole House of Commons impeached Thomas Earl of Strafford, Lord Deputy of Ireland, of High Treason; amongst other Articles, for this crime especially (wherein all the other centred) That he hath TREASONABLY ENDEAVOURED by his Words, Actions and Counsels, TO SUBVERT THE FUNDAMENTALL LAWS and GOVERNMENT OF ENGLAND and IRELAND, and introduce an arbitrary and Tyrannical Government. This the whole Parliament declared and adjudged to be High Treason, in and by their Votes, and a special Act of Parliament for his Attainder; for which he was condemned, and soon after executed on Tower-Hill, as a Traytor to the King and Kingdome, May 22. 1641.
[Page 34] 10. The whole House of Commons the same Parliament, impeachedSee the Commons and Lords Journals, his printed Impeachment, Mr. Pyms Speech thereat, Canterburies Doom p. 25, 26, 27, 38, 40. William Laud Arch-bishop of Canterbury, of HIGH TREASON; in these very terms, February 6, 1640.
First, That he hath traiterously endeavoured to subvert the Fundamental Laws and Government of this Kingdome of England, and instead thereof, to introduce an arbitrary and tyrannical Government against Law: ‘And he to that end hath wickedly and TRAYTEROƲSLY advised his Majesty, See Chap. 2. Proposition 1. that he Do not others now do it, who impeached and condemnedhim, in an higher degree then he? might at his own will and pleasure, levy and take mony of his Subjects without THEIR CONSENT IN PARLIAMENT; and this he affirmed was warrantable by the law of God.’
Secondly, ‘He hath for the better accomplishment of that his Traiterous Designe, advised and procured Sermons and other Discourses, to be preached, printed and published; in which theIs it not so in the New Instrument Article 1. 2, 3, 4, 5, 9, 10, 12, 13, 16, 21, 22, 24, 25, 26, 27, 28, 29, 30▪ 31, 32, 33, 34, 37, 38, 39, 40. 42. of our New Government, and those that compiled and prescribed it to the 3 kingdoms. Authority of Parliaments, and the force of the Laws of this Kingdome have been denyed, and absolute and unlimitted Power over the Persons and Estates of his Majesties Subjects maintained and defended, not onely in the King, but in himself and other Bishops, against the Law.’
Thirdly, ‘He hath by Letters, Messages, Threats and Promises, and by divers other wayes to Judges, and other Ministers of Justice, interrupted, perverted, and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of Justice in his Majesties Courts at Westminster and other Courts, TO THE SUBVERSION OF THE LAWS OF THIS KINGDOME, whereby sundry of his Majesties Subjects have been stopt in their just suits, deprived of their lawfull Rights, and subjected to his Tyrannicall will, to their ruine and destruction.’
Fourthly, ‘That he hath traiterously endeavoured to corrupt the other Courts of Justice, by advising and procuring his Majesty to sell places of Judicature and other Offices, CONTRARY TO THE LAWS and CUSTOMES in that behalf.’
‘Fifthly, That he hath TRAITEROUSLY caused a a Book of Canons to be compiled and published, without [Page 35] any lawfull warrant and Authority in that behalf; in which pretended CanonsAre there not more such matters contained in the new Instrument of Government than in these? many matters are contained, contrary to the Kings Prerogative, to the Fundamentall Laws and Statutes of this Realm, to the Rights of Parliament, to the Property and Liberty of the Subject, and matters tending Sedition, and of dangerous consequence, and to the establishing of a vast, unlawfull presumptuous power in himself and his successors, &c.’
‘Seventhly, That he hath traiterously endeavoured to alter and subvert Gods true Religion BY LAW ESTABLISHED; and instead thereof to set up Popish Religion and Idolatry: And to that end hath declared, and maintained in Speeches and printed Books, diverse Popish Doctrines and Opinions, contrary to the Articles of Religion ESTABLISHED BY LAW. He hath urged and enjoyned divers Popish and Superstitious Ceremonies WITHOUT ANY WARRANT OF LAW; and hath cruelly persecuted those who have opposed the same, by corporal punishment, and imprisonments; and most unjustly vexed others, who refused to conform thereunto by Ecclesiasticall Censures, Excommunication, Suspension,Have not arbitrary Committees in most places done the like, or worse, in many cases? Deprivation, and Degradation, CONTRARY TO THE LAWS of this kingdome.’
‘Thirteenth, He did by his own authority and power contraryHave not others done the like in an higher degree? to Law, procure sundry of his Majesties Subjects, and enforced the Clergy of this Kingdome to contribute towards the maintenance of the War against the Scots.’
‘That to preserve himself from being questioned, for these & other his Traiterous courses, he hath laboured to subvert the Rights of Parliament, and the ancient course of Parliamentary proceedings, (and have not the Army Officers and others actually done it since upon the same accompt?) and by false and malicious slanders to incense his Majesty against Parliaments.’
All which being proved against him at his Triall, were after solemn Argument by Mr. Samuel Brown, in behalf of the Commons House, proved; and soon [Page 36] 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 theSee the Commons and Lords Journals, Diurnal Occurrences, p. 15, 16 19, 37, 191 to 264. and Mr. St Johns Speech at a Conference of both Houses of Parliament concerning ship money & these Judges. Togegether with the Speeches of Mr Hide, Mr. Waller, M. Pe [...]rpoint, M Denzill Hollis at their Impeachments, July 6. 1641. aggravating their offences, in Diurnal Occurrences and Speeches, p. 237 to 264. same Parliament, December 21. Jan. 14. Febr. 11. 1640. and July 6. 1641. Sir John Finch, then Lord Keeper, Chief Justice Bramston, Judge Berkley, Judge Crawly, Chief Baron Davenport, Baron Weston, and Baron Trevour, were accused and impeached by the House of Commons, by several Articles transmitted to the Lords, OF HIGH TREASON, for that they had Traiterously and wickedly endeavoured, to subvert the Fundamental Laws and established Government of the Realm of ENGLAND, and instead thereof to introd [...]ce an Arbitrary and Tyrannical Government against Law; which they had declared, by traiterous and wicked words, opinions, judgements; and more especially in this their extrajudiciall opinion, subscribed by them in the case of Ship money, viz. We are of opinion, that when the good and safety of the Kingdome in generall is concerned, and the whole Kingdome in danger; your Majesty may by Writ, under the Great Seal of England (without consent in Parliament) command all your Subjects of this your Kingdome, at their charge to provide and furnish such a number of Ships, with Men, Victuall and Ammunition, and for such time as your Majesty shall think fit for the Defence and safeguard of the Kingdome, from such danger and perill. And we are of Opinion, that in such case, your Majesty is the Now others presume to do it without writ of consulting with the judges who condemned it in them. See c. 2 Proposition 1. sole Judge both of the danger, and when, and how, the sume is to be prevented, and avoided And likewise for arguing and giving judgment accordingly, in Mr. John Hampdens case, in the Exchequer Chamber, in the point of Ship money, in April 1638: which said opinions, are Destructive to the Fundamental Laws of the Realm,Have not others been sole Judges of it, and other pretended dangers since? the Subjects Right of Property, and contrary to former Resolutions in Parliament, and the Petition of Right; as the words of their severall Impeachments run. Sir John Fin [...]h fled the Realm, to preserve his head on his shoulders; some others of them died through fear, to prevent the danger, soon after their Impeachments, and [Page 37] the rest who were lesse peccant, were put to Fines.
12. Mr. John Pym, in his Declaration upon the whole matter of the charge of High Treason against Thomas Earl of Strafford, Aprill 12. 1641. before a Committee of both Houses of Parliament in Westminster Hall; printed and published by Order of the House of Commons; proves his endeavour to subvert the Fundamental Laws of England, and to introduce an Arbitrary Power; to be High Treason, and an offence very hainous in the nature, and mischievous in the effects thereof; which (saith he) will best appear, if it be examined by that universall and supream Law, Salu [...] Populi: the element of all Laws, out of which they are derived: the end of all Laws, to which they are designed, and in which they are perfected.
1. ‘It is an offence comprehending all other Offences. Here you shall finde several Treasons, Murthers, Rapines, Oppressions, Perjuries. There is in this Crime, a Seminary of all evils, hurtfull to a State; and if you consider the Reasons of it, it must needs be so. The Law, is that which puts a difference betwixt good and evill; betwixt just and unjust. If you take away the law, all things will fall into confusion; every man will become a law to himself,Nota. which in the depraved condition of humane nature, must needs produce many great enormities;And are they not so now? Lust will become a Law; and Envy will become a law; Covetousnesse and Ambition will become laws; and what Dictates, what decisions such laws will produce, may easily be discerned in the late Government of Ireland (and England too since this.) The law hath a power to prevent, to restrain, to repair evils: without this all kindes of mischiefs and distempers will break in upon a State. It is the Law that intitles the King to the Allegiance and Service of his people: it intitles the People to the Protection and Justice of the King, &c. The Law is the Boundary, the measure betwixt the Kings Prerogative, and the Peoples Liberties; whiles these move in their Orbe, they are a support and security to one another; but if these Bounds be so removed, that they [Page 38] enter into contestation and conflict, one of these great mischiefs must needs ensue: if the Prerogative of the King overwhelm the Liberty of the people, it will be turned into Tyranny; If Liberty undermine the Prerogative, it will turn into Anarchy. The Law is the safegard, the custody of all private interests: your Honours, your Lives, your Liberties, and your estates, are all in the keeping of the Law: without this, every man hath a like Right to any thing: and this is the condition into which the Irish were brought by the Earl of Strafford; (and the English by others who condemned him) And the reason which he gave for it, hath more mischief than the thing it self: THEY ARE A CONQUERED NATION, (let those who now say the same of England, as well as Scotland and Ireland, consider and observe what followes)’ There cannot be a word more pregnant and fruitfull IN TREASON, than that word is. There are few Nations in the world, that have not been conquered, and no doubt but the conquerour may give And did not some at White-Hall do so of late, and now too witnesse their volumes of new Declarations, Edicts, Ordinances there made. what Laws he please to those that are conquered. But if the succeeding Parts and Agreements do not limit and restrain that right, what people can be secure? ‘England hath been conquered, and Wales hath been conquered, and by this reason will be in little better case than Ireland. If the King by the Right of a Conquerour give Lawes to his people, shall not the people by the same reason be restored to the Right of the conquered,’ to recover their Liberty if they can? What can be more hurtful, more pernicious, than such Propositions as these?
2. ‘It is dangerous to the Kings Person: and dangerous to his Crown: it is apt to cherish ambition, usurpation, and oppression in great men: and to beget sedition, discontent in the people, and both these have been, and in reason must ever be great causes of trouble and alterations to Prince and State. If the Histories of those Eastern Countries be perused, where Princes order their affairs, according to theHave not others taken up such Principles in their practises, proceedings even against Kings Kingdomes, Parliament, Peers, as well as private persons? mischievous Principles of the Earl of Strafford, Loose and absolved from all Rules of Government, they will be found to be frequent in combustions, full of Massacres, and the tragical end of Princes. [Page 39] If any man shall look into our own Stories, in the times when the Laws were most neglected, he shall finde them full of Commotions, of Civill distempers, whereby the Kings,Nota. that then raigned, were alwaies kept in want and disresse, the people consumed with CIVIL WARS: and by such wicked Counsels as these, some of our Princes have been brought to such miserable ends, AsNote this, all the whole Commons-House opinion then. no honest heart can remember without horrour and earnest Prayer, that it may never be so again.’
3. ‘As it is dangerous to the Kings Person and Crown, so it is in other respects very prejudiciall to his Majesty, in honour, profit and greatnesse (which he there proves at large, as you may there read at leisure) and yet these are the Guildings and Paintings, that are put upon such Counsels: These are for your Honour, for your Service.’
4. ‘It is inconsistent with the Peace, the Wealth, the Prosperity of a Nation. It is destructive to Justice, the mother of Peace: to Industry, the spring of Wealth; to Valour, which is the active vertue whereby the Prosperity of a Nation can onely be procured, confirmed, and enlarged. It is not onely apt to take away Peace, and so intangle the Nation with Wars, but doth corrupt Peace, and pours such a Malignity into it, as produceth the effects of Warre: both to theIs not this an experimental truth now? NOBILITY and others, having as little security of THEIR PERSONS OR ESTATES, in this peaceable time, as if the Kingdome had been under the fury and rage of Warre. And as for industry and valour, who will take pains for that, which when he hath gotten is not his own? or who fights for that wherein he hath no other interest, but such as is subject to the will of another? &c. Shall it be Treason to embase the Kings Coyne; though but a piece of twelve pence or six pence, and must it not needs be the effect of greater Treason toAnd were they ever so base, cowardly, slavish as now? embase the spirits of his Subjects, and to set a stamp and character of Servitude upon them, whereby they shall be disabled to do any thing for the service of the King or Commonwealth?’
[Page 40] 5. ‘In times of sudden danger, by the Invasion of an Enemy, it will disable his Majesty to preserve himself, and his Subjects from that danger: When war threatens a Kingdome, by the coming of a Forraign Enemy, it is no time then to discontent the people, to make them weary of the PRESENT GOVERNMENT, and more inclinable to a change. The supplies which are [...]o come in this way, will be unready, uncertain; there can be no assurance of them, no dependance upon them, either for time or proportion. And if some money be gotten in such a way, the distractions, the divisions distemper [...], which this course is apt to produce, will be more prejudicial to the publike safety, than the supply can be advantagious to it.’
6. ‘This crime is contrary to the Pact and Covenant between the King and his People; by mutuall agreement and stipulation, confirmed by OATH on both sides.’
7. ‘It is an Offence that is contrary to the ends of Government.’
1. ‘To prevent Oppressions; toWas ever their power, violence so unlimited, unbounded in all kinds as now, against Kings, kingdoms, Parliaments, Peers, People? limit and restrain the excessive power and violence of great men; to open passages of Justice with indifferency towards all.’
2. ‘To preserve men in their Estates, to secure them in their Lives and Liberties.’
3. ‘That Vertue should be cherished, and Vice suppressed; but where Laws are subverted, and Arbitrary, and unlimited power set up; a way is open not onely for the security, (as now of all heresies) but for the advancement and incouragement of evi [...]l, Such men as areIs it not most true of late and still? [...]ptest for the execution and maintenance of this power, are onely capable of preferment; and others, who will not be Instruments of any unjust Commands, who make Conscience to do any thing against the law of the Kingdome, and liberties of the Subject, are not onely not passable for imployment; but SƲBJECT TO MƲCH JEALOVSIE and DANGER.’ (Is not this their condition of late and present times, even in Parliament Members themselves, as well as others, secured, secluded, kept close prisoners perforce, for making Conscience of doing nothing against [Page 41] the Laws and Liberties of the Kingdom, and their Oaths and Covenants too? and refusing to comply with usurping Innovators in all their self-seeking extravagancies and Treasons? expertus loquor.)
4. That all accidents and events, all Counsels and Designes should be improved for the publique good. But this arbitrary power is apt to dispose all to the maintenance of it self. (And is it not so now?)
8. ‘The Treasons of subversion of the laws, violation of Liberties can never be good or justifiable by any circumstance or occasion, being in their own nature, how specious or good soever they be pretended. He alledgeth it was a time of GREAT NECESSITY and DANGER,Note when such Counsels were necessary, FOR THE PRESERVATION OF THE STATE;’ (the Plea since, and now used by others, who condemned him;) If there were any NECESSITY IT WAS OF HIS OWN MAKING. ‘He by his evill Counsell had brought the King (as others the Kingdome since) into a Necessity; and by no rules of Justice can be allowed to gain this advantage to his Justification; which is A GREAT PART OF HIS OFFENCE.’
9. ‘As this is Treason in the nature of it, so it doth exceed all other Treasons in this; that in the Designe and endeavour of the Authour, it was to be A CONSTANT and PERMANENT TREASON; a standing perpetual Treason; which would have been in continual Act, not determined within one time or age, but transmitted to Posterity, even from Generation to Generation.’ And are notSee Article 2, 2, 3, [...], 5, 10, 11, 12, 13, 16, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 39 & p. 45, 46. of the Government of the Commonwealth of England, &c. others Treasons of late times such, proclaimed such, in and by their own Printed papers; and therein exceeding Straffords?
10. ‘As it is odious in the nature of it, so it is odious in the Judgement and estimation of the Law. TODoth not the Declaration of 17 March 1648 and the Instrument of the new Government do it, in the highest degree▪ ALTER THE SETLED FRAME and CONSTITUTION OF GOVERNMENT, IS TREASON IN ANY ESTATE. (Let those consider it who are guilty of it in the highest degree, beyond Strafford, Canterbury, or the Ship mony-Judges in our own State.) The Laws [Page 42] whereby all parts of a Kingdome are preserved, should be very vain and defective, if they had not a power to secure and preserve themselves.’
‘The Forfeitures inflicted for Treason by our Law, are of Life, Honour, and Estate, even all that can be forfeited: and this Prisoner, although he shouldAnd others as well as he, of far inferiour place & estate. pay all these Forfeitures, will still be a Debtor to the Common-wealth. Nothing can be more equal, than that he should perish by the Justice of the Law, which he would have subverted: neither will this be a New way of blood. There are marks enough to trace this Law to the very Original of this Kingdome. And if it hath not been put in execution, as he alledgeth, this two hundred and fourty years; it was not for want of LAW, but that all that time had not bred a manBut have not our times bred men much bolder than he, since this speech was made, and he executed? bold enough to commit such Crimes as these: which is a circumstance much aggravating his Offence, and making him no lesse liable to punishment: he is THESince, he hath many followers. ONELY MAN, that in so long a time hath ventured UPON SUCH A TREASON AS THIS.’
Thus far Mr. John Pym; in the Name and by the Order and Authority of the whole Commons House in Parliament: which I wish all those, who by their Words, Actions Counsels (and printed Publications too) have traiterously endeavoured to subvert the Fundamentall Laws, Liberties, Government, Parliaments of England and Ireland, and to introduce an Arbitrary and Tyrannical Government against law, as much as ever Strafford did, yea, far out stripped him therein (even since his execution) in all particulars, for which he was beheaded; would now seriously lay to heart, and speedily reform, lest they equal or exceed him in conclusion in capital punishments for the same, or endlesse Hellish Torments.
13. The next Authority I shall produce in point, is, The Speech and Declaration of Master Oliver St. John, at a Conference of both Houses of Parliament, concerning SHIPMONEY, upon Judge Finches Impeachment of High Treason, January 14. 1640. printed by the Commons [Page 43] Order, London, 1641. wherein he thus declares the sense of the Commons, p. 12. &c.
‘That by the Judges opinions (p. 36. forecited) concerning Shipmony, THE FUNDAMENTAL LAWS OF THE REALM CONCERNING OUR PROPERTIES and OUR PERSONS ARE SHAKEN: whose Treasonable Offence herein, he thus aggravates, page 20. &c. The Judges, as is declared in the Parliament of 11 R. 2. are the Executors of the Statutes, and of the Judgments and Ordinances of Parliament. They have made themselves the Have none done so since them▪ EXECUTIONERS OF THEM; they have indeavoured the DESTRUCTION OF THE FUNDAMENTALS OF OUR LAWS and LIBERTIES. Holland in the Low Countries, lies under the Sea: the superfices of the Land, is lower than the superficies of the Sea. See Chap. 2. Proposition. 1. It is Capitall therefore for any man to cut the Banks, because they defend the Country: Besides our own, even Forraign Authours, as Comines, observes, That the Statute DE TALLAGIO, and the other Old Laws, are the Sea Wals and Banks, which keep the Commons from the inundation of the Prerogative.’
‘TheseHave not other Pioneers and Judasses done the like▪ Pioners have not onely undermined these banks, but have levelled them even with the ground. If one that was known to be Hostis Patriae, had done this, though the Dammage be the same, yet the Guilt is lesse; but the Conservatores Riparum, the Overseers intrusted with the Defence of these Banks, for them to destroy them; the breach of Trust aggravates, nay, alters the nature of the offence: Breach of Trust, though in a private Person, and in the least things, is odious amongst all men: much more in a publike Person, in things of great and publike concernment, becauseThis is grown a meer Paradon of late years, in Judges, souldiers & others. GREAT TRUST BINDES THE PARTY TRUSTED TO GREATEST CARE AND FIDELITY.’
[Page 44] ‘It is TREASON in the Constable of Dover Castle to deliver the Keys to the known enemies of the Kingdome: Whereas if the House-keeper of a private person, deliver possession to his Adversary, it is a crime scarce punishable by Law. TheWhat are they now of late times of publike Changes? Judges under his Majesty, are the Persons trusted with the Laws, and in them with the Lives, Liberties and Estates of the whole Kingdome. This Trust of all we have, is primarily from his Majesty, andSee 27 H. 8. c. 24. 26. Magna Charta c. 12. 29. 52. H. 3. c. 1, 3, 5, 9, 20. 3 E. 1. c. 44, 45, 46. 13 E. 1. c. 10, 12, 30, 31, 35, 39, 44, 45. 25 E. 1. c. 1, 2. 27 E. 1. c. 2, 3. 34 E. 1. c. 6. 12 E 2. c. 6. 2 E. 3. c. 3. 14 E 3. c. 10. 16. Rastal Justices. from him delegated to the Judges. His Majesty at his Coronation, is bound by his Oath TO EXECUTE JUSTICE TO HIS PEOPLE ACCORDING TO THE LAWES; thereby to assure the People of the faithfull performance of his GREAT TRUST: His Majesty again, as he trusts the Judges with the performance of this part of his Oath; so doth he likewise exact another Oath of them, for their due execution of Justice to the people, according to the Laws: hereby the Judges stand intrusted with this part of his Majesties Oath. If therefore the Judges shall doe wittingly against the Law, they doe not onely break their own Oaths, and therein the Common Faith and Trust of the whole Kingdome; but do as much as in them lies, asperse & blemish the sacred Person of his Majesty, with the odious and hatefull sin ofWas it ever so frequent a sin as now in all sorts of late Judges, Officers, Subjects▪ Perjury.’
‘My Lords, the hainousnesse of this offence is most legible in theDo none deserve as severe now? severe punishment, which former Ages have inflicted upon those Judges, who have broken any part of their Oaths wittingly, though in things not so dangerous to the Subject, as in the case in question.’
‘See Cookes 3. Institutes p. 146, 147, and page 133. Holinshed, page 284, 285. Speeds History page 651. Stow, Walsingham, Daniel in 18 E. 1. Sir Thomas Wayland, Chief Justice of the Common Pleas 17. E. 1. was attainted of Felony for taking Bribes, [Page 45] and his Lands and Goods forfeited, as appears in the Pleas of Parliament, 18 E. 1. and he was banished the Kingdome, as unworthy to live in the State, against which he had so much offended.’
‘SirSee Cooks 3. Instit. p. 145. William Thorpe Chief Justice of the Kings Bench, in Edward the thirds time, having of five persons received five severall Bribes, which in all amounted to one hundred pounds, was for this alone, adjudged to be hanged, and all his Goods and Lands forfeited: The reason of the Judgment is entered in the Roll, in these words. Quia praedictus Willielmus Have none of this name, or of this Function since done as bad or worse in an higher degree? Thorp qui Sacramentum Domini Regis erga populum suum habuit ad custodiendum, fregit malitiose, falsò & rebelliter, quantum in ipso fuit. There is a notable Declaration in that Judgement, that this judgement was not to be drawn into example, against any other Officers, who should break their Oaths, but onely against those, qui praedictum Sacramentum fecerunt, & fregerunt, & Let Custodes Legum & Libertatum Angliae and those now called Judges, remember it▪ habent Leges Angliae ad custodiendum: That is, onely to the Judges Oaths, who have the Laws intrusted unto them. This Judgment was given 24 E. 3. The next year in Parliament 25 E. 3. Numb. 10. it was debated in Parliament, whether this Judgement was legall? Et nullo contradicente, it was declared, TO BE JUST AND ACCORDING TO THE LAW: and the Let the Reporter and others now consider it same Judgement may be given in time to come upon the like occasion. This case is in point, That it is death for any JƲDGE wittingly to break his OATH in any part of it. This OATH of THORP is entred in the Roll, and the same Verbatim with the Judges OATH in 18 Edw. 3. and is the same which the Judges now take. (And let those who have taken the same Oath, with the1 Eliz. c. 1▪ 3 Jac. c. 4. 7 Jac. c. 6. OATHES OF SUPREMACY and ALLEGIANCE too, remember and apply this PRESIDENT, lest others do it for them.)’
‘Your Lordships will give me leave to observe the differences between that and the case in question.’
[Page 46] 1. ‘That of Thorp, was onely a selling of the Law by Retaile, to these five persons; for he had five severall Bribes, of these five persons; the Passage of the Law to the rest of the Subjects, for ought appears, was free and open. But these Opinions are a conveyance of the Law by whole sale, and that not to, but from the Subject.’
2. ‘In that of Thorp, as to those five persons, it was not an absolute deniall of Justice, it was not a damming up, but a straitning onely of the Chanel. For whereas, the Judges ought Judicium reddere, that is, the Lawes being THE BIRTH-RIGHT and INHERITANCE OF THE SUBJECT, the Judge when the parties in suit demand Judgment, should re-dare, freely restore the Right unto them; now he doth not dare, but vendere, with hazard onely of perverting Justice; for the party that buyes the Judgment, may have a good and honest cause. But these Opinions, besides that, they have cost the Subjects very dear, dearer than any; nay, I think, I may truly say, than all the unjust Judgments that ever have been given in this Realm, witnesse the many hundred thousand pounds, which under colour of them, have been levied upon the Subjects, amounting toThis is nothing incomparison to the late Taxes, Ship mony, Excises imposed on the subjects, without a Parliament, amounting to above 20 times as much as the Kings Ship mony, and more frequent, uncessant, and endlesse then it. seven hundred thousand pounds and upwards, that have been paid unto the Treasurers of the Navy (in sundry years) besides what the Subjects have been forced to pay Sheriffs, Sheriffs Bailiff [...] (and now an hundred times more to Troopers, and Souldiers, who forcibly levy their unlawfull Contributions and Excises, though adjudged HIGH TREASON in Straffords case, and proved such by Master St. John) and otherwise; which altogether as is conceived, amounts not to lesse than a Million (in five years space, whereas we pay above two Millions in Taxes, Imposts, Excises, every year) besides the infinite vexations of the Subject, by suits in Law, binding them over, and attendance at the Councel Table, taking them from their necessary imployments, in making Sesses and Collections, and imprisonment [Page 47] of their persons (all now trebled to what then.) I say, Besides what is past, to make our miseries compleat, they have as much as in them is, MADE THEM ENDLESSE (as others since have done, by uncessant endlesse Taxes and Excises:) for by these opinions, they have put upon themselves and their successors, An impossibility of ever doing us right again, and an incapacity upon us of demanding it so long as they continue.’ (As the Compilers of the late Instrument, with 42 Strings, intitled, The Government of the Common Wealth of England, &c. Article 1, 2, 3, 9, 10, 12, 22, 24, 25, 27, 28, 29, 31, 32, 36, 37, 38, 39. have done, as far as they, and much beyond them.)
‘In that sore famine in the land of Egypt, when the inhabitants were reduced to the next door to death; (for there they say, why should we die?) for bread, first they give their money, next their Flocks and Cattle; last of all, their Persons and Lands for Bread, all became Pharoahs; but by this, Lex Regia, there is a transaction made, not onely of our Persons, but of our bread likewise, wherewith our persons should be sustained; that was for bread, this of our bread. For since these Opinions, if we have any thing at all, we areAre we now beholding to it for any thing against the onely new Law of the longest sword? Which takes, imposeth what when, and how much it pleaseth, without accompt, or dispute, from all sorts and degrees of Persons; and that by those who were commissioned, trusted, engaged by Oaths, Protestations, Vows, League and Covenant to preserve our laws and properties. not at all beholding TO THE LAW FOR IT, but are wholy cast UPON THE MERCY and GOODNESSE OF THE KING.’
‘Again, there the Egyptians themselves, sold themselves, and all they had to the King: if ours had been so done; if it had been so done by our own free consent in PARLIAMENT, we had the lesse cause to complain. But it was done against our Wils, and by those who were intrusted, and that ƲPON OATH, with the preservation of these things for us. The Laws are our Forts and Bulwarks of defence: If the Captain of a Castle, only out of fear and cowardice, and not for any compliance with the enemy, surrender it, this is Treason, as was adjudged in Parliament, 1 R. 2. in the two Cases of Gomines and Weston, and in the Case of the Lord Gray, for surrendring [Page 48] Barwick Castle to the Scots, in Edward the thirds time, though good Defence had been made by him, and that he had lost his eldest Son in maintenance of the Seige: and yet the losse of a CASTLE loseth not the Kingdom, onely the place and adjacent parts, with trouble to the whole. But by these Opinions, there is a Surrender made of all our Legall Defence of Property: that which hath been Preacht, is now judged; that there is no Meum and Tuum, Is there any between the late & present powers and them, further or longer than they please▪ between the KING AND PEOPLE; besides that which concerns our Persons.’
‘The LAW is the TEMPLE, the Sanctuary, whether Subjects ought to run for SHELTER and REFƲGE: Hereby it is become Templum sine Numine, as as was the Temple built by the Roman Emperour, who after he had built it, put no Gods into it: We have the Letter of the Law still, but not the sense: We have the Fabrick of the TEMPLE still, but theAre they not so now? Dii Tutelares are gone. But this is not all the case, that is, That the law now ceaseth to aid and defend us in our RIGHTS, for then possession alone were a good Title, if there were no Law to take it away: Occupanti concederetur, & melior esset Possidentis conditio: But this, though too bad, is not the worst: for besides that which is Privative in these Opinions, there is somewhat Positive. For now the Law doth not onely not defend us, but the Law, it self, (by temporizing Judges and Lawyers) is made the Instrument of taking all away. For whensoeverIt is not so now, when others who condemned and beheaded him for a Tyrant, say, pretenda [...]d act it over and over. his Majesty or his Successors, shall be pleased to say, that the good and safety of the Kingdome is concerned, and that the whole kingdome is in danger, the when, and how the same is to be prevented, makes our persons and all we have liable to bare Will and Pleasure. By this meanes, the Sanctuary is turned into a Shambles; the Forts are not slighted, that so they might neither do us good or hurt;Nota. But they are held against us by those who ought to have held them for us, and the mouth of our own Canon is turned upon our own selves:’ (And that by [Page 49] our own Military Officers, Souldiers and others since, as well as the Ship money Judges then.) Thus far Master Oliver St. John (by the Commons Order) whose words I thought fit thus to transcribe at large, because not only most pertinent, but seasonable for the present times; wherein as in a Looking Glasse, some pretended Judges and Grandees, of these present and late p [...]st times, may behold their own faces and deformities; and the whole Nation their sad condition under them. In the residue of that Printed Speech, he compares the Treason of the Ship-money Judges, and of Sir Robert Tresylium and his Complices in the 11 of R. 2. (condemned, executed for Traitors by Judgment in Parliament, for endeavouring to subvert the Laws and Statutes of the Realm by their illegall Opinions, then delivered to King Richard at Nottingham Castle, not out of conspiracy, but for fear of death, and corporall Torments, wherewith they were menaced:) whose offence he makes transcendent to theirs inWorth consideration of those of the long robe. six particulars, as those who please may there read at leasure, being over large to transcribe.
I could here inform you, that the Fundamentall Laws of our Nation, are the same in the Body Politique of the Realm, as the Arteries, Nerves, Veines, are in, and to the natural Body, the Bark to the Tree; the Foundation to the House: and therefore the cutting of them a sunder, or their Subversion, must of necessity, kill, destroy, disjoyn and ruine the whole Realm at once: Wherefore it must be Treason in the highest degree. But I shall onely subjoyn here some materiall Passages, in Master St. Johns Argument at Law, concerning the Attainder of High Treason of Thomas Earle of Strafford, before a Committee of both Houses of Parliament in Westminster Hall, Aprill 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 Fundamentall Lawes and Government of England and Ireland, and instead therefore to introduce a Tyrannicall [Page 50] Government against Law, is Treason by the Common Law. That Treasons at the Common Law are not taken away by the statutes of 25. E. 3. 1 H. 4. c. 10. 1 Mar. c. 1. nor any of them.
The Authorities, Judgements, in and out of Parliament, which he cites to prove it, have been already mentioned, some others he omitted; I shall therefore but transcribe his Reasons to evince it to be Treason, superadded to those alledged by him against the Ship mony Judges.
Page 12. It is a War against the King (Let our Military Officers and Souldiers consider it) when intended. For alteration of the Laws or Government in any part of them. This is a levying War against the King (and so Treason within the Statute of 25. E. 3.)
1. Because the King doth maintain and protect the Laws in every part of them.
2. Because they are the Kings Laws: ‘He is the Fountain from whence in their severall Channels, they are derived to the Subject. Whence all our indictments run thus: Trespasses laid to be done, Contra pacem Domini Regis, &c. against the Kings peace for exorbitant offences; though not intended against the Kings Person; against the King, his Crown and Dignity.’
Page 64. In this I shall not labour at all to prove, That ‘the endeavouring by words, Counsels and actions, To subvert the Fundamental Laws and Government of the Kingdome, is Treason at the Common Law. If there be any Common Law Treasons at all leftAnd how mamy are guilty of this Treason See Hos. 3 4, 5. cap. 10. 3, 4. cap. 1. 4. cap. 1. 4. Zech. 9. v. 5. Hab. 1. 10, 14, 15. Mic. 4. 9, 10. Amos 1. 13, 14, 15. Lam. 5. 16. Ezech. 19. 1. 14. Isay 17. 3. c. 7. 16. Jer. 17. 25. 27. cap. 18. 7, 8. cap. 22. 3. to 13. cap. 25. 8 to 38. cap. 51. 20. Proverb 28. 2. Ezech. 17. 14. cap. 29. 14, 25 Isa. 47 verse 5. Daniel 4. verse 17. NOTHING TREASON IF THIS IS NOT, TO MAKE A KINGDOME NO KINGDOME. Take the Policy and Government away, Englands but a piece of earth, wherein so many men have their commerce and abode, without rank or distinction of men, without property in any thing further than in possession; no Law to punish the murdering or robbing one another.’
[Page 51] ‘Page 70, 71, 72. The horridnesse of the offence in endeavouring to overthrow the Laws and present Government, hath been fully opened before. The Parliament is the representation of the whole Kingdome, wherein the King as Head, your Lordships as the more Noble, and the Commons, the other Members are Are they so now? and who have dissolved the Ligaments that formerly united and held them together? knit together in one body Politique. This dissolves the Arteries and Ligaments that hold the body together, THE LAWS. He that takes away the Laws, takes not away the Allegiance of one Subject only, but of the whole Kingdome. It was made Treason by the Statute of 13 Eliz. for her time to affirm, That the Law of the Realm do not binde the descent of the Crown. No Law, no descent at all, NO LAWS NO PEERAGE, no ranks nor degrees of men, the same condition to all. Its Treason to kill a Judge upon the Bench; this kills not Judicem, sed Judicium. There be twelve men, but no Law; never a Judge amongst them. Its Felony to embezell any one of the Judiciall Records of the Kingdome:’ THIS AT ONCE SWEEPS THEM ALL AWAY and FROM ALL. ‘Its Teason to counterfeit a Twenty shilling peice; Here's aHave we not many counterfeit laws and Acts of Parliament of law? and yet some counterfeit Judges that execute and give them in charge as true ones? counterfeiting of the Law: we can call neither the counterfeit nor the true Coyn our own. Its Treason to counterfeit the great Seal for an Acre of Land: No property is left hereby to any Land at all:’ NOTHING TREASON NOW, AGAINST KING OR KINGDOME; NO LAW TO PƲNISH IT.
‘My Lords, If the question were asked in Westminster Hall, whether this were a Crime punishable in the Star Chamber, or in THE KINGS BENCH, by Fine or Imprisonment? They would say, It were higher. If whether Felony? They would say, That is an Offence onely against the Life or Goods of some one, or few persons. It would I believe be answered by the JƲDGES, as it was by the Chief Justice Thirning, in the 21 R. 2. That though he could not judge the Case TREASON there before him, yet if he [Page 52] were a Peer in Parliament; HE WOULD SO ADJUDGE IT. (And so the Peers did here in Straffords, and not long after in Canterburies case, who both lost their Heads on Tower-Hill.)’
I have transcribed these Pass [...]ges of Mr. Oliver S. John at large for five Reasons.
1. Because they were the Voice and Sence of the whole House of Commons by his mouth; who afterwards owned and ratified them by their special Order, for their publication in Print, for information and satisfaction of the whole Nation, and terrour of all others, who should after that, either secretly or openly, by fraud or force, directly or indirectly, attempt the subversion of all, or any of our Fundamental Laws or Liberties, or the alteration of our Fundamental Government, or setting up any Arbitrary or Tyrannical Power, Taxes, Impositions, or new kinds of arbitrary Judicatories, and imprisonments against these our Laws and Liberties.
2. To minde and inform all such who have not onely equalled, but transcended Strafford and Canterbury in these their HIGH TREASONS, even since these PUBLICATIONS, SPEECHES, and their EXEMPLARY EXECUTIONS, of the hainousnesse, in excusablenesse, wilfulnesse, maliciousnesse, Capitalnesse of their Crimes; which not onely the whole Parliament in generality, but many of themselves, in particular, so severely prosecuted, condemned, and inexorably punished of late years in them: that so they may sadly consider, bewail, repent, reform them with all speed and diligence, as much as in them lies. And with all, I shall exhort them seriously to consider that Gospel terrifying passage, (if they have not quite sinned away all Conscience, Shame, Christianity, Religion and Fear of the last Judge, and Judgement to come) Rom. 2. 1, 2, 3. Therefore thou art inexcusable O man, whosoever thou art that judgest; for wherein thou judgest another, thou CONDEMNEST THY SELF, FOR THOƲ THAT JUDGEST DOEST THOƲ THE SAME THING. But we [Page 53] are sure that the Judgment of God is according to truth, against them who commit such things. And thinkest thou this, O man, that judgest them which do such things; and doest the same, that thou shalt escape the Judgment of God?
3. To excite all Lawyers (especially such, who of late times have taken upon them the stile & power of Judges) to examine their Consciences, Actions, how far, all or any of them have been guilty, in the highest degree of these Crimes and Treasons, so highly aggravated, so exemplarily punished of former and later times, in corrupt, cowardly time-serving, degenerate Lawyers, and Judasses, rather than Judges; to the disgrace of their Profession, (now generally spoken against) their own dishonour, infamy, reproach, the scandall of Religion, which some of them have eminently professed: the prejudice and subversion of the Fundamentall Laws, Liberties, Rights, Priviledges of our Nation, Peers, Parliaments, and of the ancient Fundamental Government of this famous Kingdome, whereof they are Members: and that contrary to some of their own late Judgments, sciences, Consciences, Votes, Printed Arguments, Speeches, Declarations, against others, even in and out of Parliament? and their own first Charges in their Circuits, repugnant to their later.
4. To instruct those Jesuited Anabaptists, Levellers, and their Factors, (especially John Canne, and the rest of the Compilers, Publishers, Abetters of the Pamphlet intituled, Leiutenant Colonel John Lilburn, tried and east; and other forementioned publications:) who professedly set themselves by Words, Writings, Counsels and overt Acts to subvert both our old Fundamentall (with all other) Laws, Liberties, Customs, Parliaments, and Government, what transcendent Malefactors, Traitors, and Enemies they are to the publique, and what Capital punishments they may incurre, as well as d [...]merit, should they be legally prosecuted for the same; and thereupon to advise them timely to repent of, and d [...]sist from such high Treasonable attempts.
[Page 54] 5. To clear both my self and this my seasonable Defence of our Fundamental Laws, Liberties, Government, from the least suspition or shadow of Faction, Sedition, Treason and Emnity to the publique peace, weal, settlement of the Nation, which those, (and those onely) who are most factious, and seditious, and the greatest Enemies, Traitors to the publique tranquility, Weal, Laws, Liberties, Government, and establishment of our Kingdome (as the premises evidence) will be ready maliciously to asperse both me and it with, as they have done heretofore some other of my Writings of this Nature, with all which, they must first brand Mr. St. John, Mr. Pym, the whole House of Commons, the two last, with all other Parliaments forecited, and themselves too (from which they are so much changed and degenerated of late years) ere they can accuse, traduce, or censure me; who do but barely relate, apply their words and judgments in their purest times, without malice or partiality, for the whole Kingdomes benefit; security, and resettlement.
To these punctual full Juries of Records and Parliament Authorities in point, I could accumulate Sr. Edward Cook his 3. Institutes, p. 9. printed and authorised by the House of Commons speciall Order, the last Parliament. The severall Speeches of M. Hide, M. Waller, M. Pierpoint, and M. Hollis, July 6. 1641. at the Lords Bar in Parliament, by Order of the Commons House, at the Impeachment of the Shipmony Judges of High Treason, printed in Diurnal Occurrences, and Speeches in Parliament, London, 1641. p. 237, to 264. M. Samuel Browns Argument at law before the Lords and Commons at Canterburies Attainder, all manifesting, their endeavouring to subvert the Fundamentall Laws and Government of the Realm, to be High Treason; with sundry other printed Authorities to prove; That we have, See Exact. Collection, p. 4. 12 243, 262. 321. Fundamental Laws, Liberties, Rights; and a Fundamental Government likewise; which ought not to be innovated, violated, or subverted upon any pretences whatsoever, by any power or prevailing Faction. Which Fundamental Rights, Liberties, Laws, Sr. Thomas Fairfax, and the Army under his [Page 55] Command, by their Declaration of June 14. 1647. particularly promise and engage, to assert & vindicate against all arbitray power, violence, oppression, and against all particular parties or Interests whatsoever, which they may doe well to remember and make good. But to avoid prolixity (the double Jury of irrefragable and punctuall authorities already produced being sufficient to satisfie the most obstinate opposites formerly contradicting it) I shall onely adde three swaying authorities more, wherewith I shall conclude this point.
The first, is a very late one, in a Treatise, intituled, ‘A Surely there are sundry falshoods in it, as well as some truths. true State of the Common Wealth of England, Scotland, and Ireland, and the Dominions thereunto belonging, in Reference to the late established Government by a Lord Protector and a PARLIAMENT. It being the Judgement of DIVERSE PERSONS, who throughout these late troubles, have approved themselvesIf we believe themselves in their own cases faithfull to the Cause and interest of God, and their COUNTRY: presented to the publike, for the satisfaction of others. Printed at London, 1654.’ who relating the miscarriages of the last ASSEMBLY at Westminster (elected, nominated by the Censurers of them, the Army Officers onely, not the people) use these expressions of them, page 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 Fundamentall Laws of the Land, the Destruction of Property, and an utter extinguishment of the Gospel. In truth their Principles led them TO A PULLING DOWN ALL AND ESTABLISING NOTHING. ‘So that instead of the expected settlement, they were running 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:’ [Page 56] and so the good Old Laws of England (the Guardians of our Laws and Fortunes) established with prudence, and confirmed by the experience of many Ages and Generations: (The Preservation whereof, was a Some mens act ons since, declare they had some other ground and ayms than this. principall ground of our late quarrell with the King) having been once abolished, what could we have expected afterwards, but an inthroning of Arbitrary power in the Seat of Judicature, and an exposing of our Lives, our Estates, our Liberties, and all that is dear unto us, as a Sacrifice to the boundlesse appetite of meer Will and Power, &c.
‘Things being at this passe, and the House (through these proceedings)Those who severe and disjoynt one house from the other; and by force & armed power seclude, exclude and disjoyn the members of the same House, one from another, so many times one after another, & justifie it too, are the greatest disjoyners of the House and Parliament, and very unlikely to make any firm or reall settlement of this Nation. perfectly disjointed, it was in vain to look for a settlement of this Nation from them, thus constituted: but on the contrary, nothing else could be expected; But that the Common-wealth should sink under their hands, and the great cause hitherto so happily upheld and maintained, to be for ever lost, through their preposterous management of these affairs, wherewith they had been intrusted.’ Whereupon they justifie their dissolution, and turning them forcibly out of doores by the Souldiers, with shame and infamy; to prevent that destruction, which thereby was coming on THE WHOLE LAND, by this New Powder Treason plot, set on foot by the Jesuites and Anabaptists, to destroy our Laws, Liberties, Properties, Ministers, and Religion it self, at one blow, and that in the very Parliament House, (where some destroyed and blowed up Kings, Peers and Parliaments themselves, as well as Lawes and Parliament Priviledges of late years) where they had been constantly defended, vindicated, preserved, established in all former Ages, by ALL TRƲE ENGLISH PARLIAMENTS.
The second is,See my Speech in Parliament, p. 100. to 108. The Votes of the House of Commons, concerning a Paper presented to them, entituled, An Agreement of the people for a firm & present peace, upon grounds of Common Right, 9. November 1647, viz.
[Page 57] 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 inclosed, 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 coyned) and return an Accompt hereof to this House.
These Votes were seconded soon after with these ensuing Votes, entred in the Commons Journal, and printed by their special Order, 23 Novemb. 1647.
A Petition directed to the Supream Authority of England, The Commons in Parliament assembled, The humble Petition of many Free-born people of England, &c. was read the first and second time.
Resolved upon the Question, That this Petition is, A seditious and contemptuous avowing, and prosecution of a former Petition, and Paper annexed, stiled, An agreement of the People, formerly adjudged by this House, to be destructive to the being of Parliaments, and Fundamental Government of the Kingdom.
Resolved, &c. That Thomas Prince Cheese-monger, and Samuel Chidley, bee forthwith committed Prisoners to the Prison of the Gate-house, there to remain Prisoners during the pleasure of this House, for a Seditious avowing, and prosecution of a former Petition and Paper annexed, stiled, An Agreement of the people; formerly adjudged by this House, to be destructive to the being of Parliaments, and fundamental Government of the Kingdom.
Resolved, &c. That Jeremy Ives, Thomas Taylor, and William Larnar, bee forth-with committed to the Prison of Newgate, there to remain Prisoners during the pleasure of this House, for a seditious and contemptuous avowing, and prosecution of a former Petition and Paper annexed, stiled, An Agreement of the People; formerly adjudged by this House, to be destructive to the being of Parliaments, and fundamental Government of the Kingdom.
Resolved, &c. That a Letter be prepared and sent to the [Page 58] General; taking notice of his proceeding in the execution (according to the Rules of Warre) of a Mutinous person (avowing, and prosecuting this Agreement in the Army contrary to these Votes) at the Rendezvous near Ware, and to give him thanks for it; and to desire him to prosecute that Business to the bottome, and to bring such guilty persons as he shall think fit, to condign and exemplary punishment.
Resolved, &c. That the Votes upon the Petition and Agreement annexed, and likewise the Votes upon this Petition, be forth-with printed and published.
After which, by a special Ordinance of both Houses of Parliament, 17 Decemb. 1647. no person whatsoever, who had contrived, plotted, prosecuted, or entred into that Engagement, intituled, The Agreement of the people, declared To bee destructive to the being of Parliaments, and Fundamental Government of the Kingdom; for one whole year was to be elected, chosen, or put into the Office, or place of Lord Mayor, or Alderman, Sheriff, Deputy of a Ward, or Common Counselman of the City of London, or to have a voyce in the Election of any such Officers.
All these particulars, with the Capital proceedings against White, and others who fomented this Agreement in the Army, abundantly evidence the verity of my foresaid Proposition, and the extraordinary guilt of those Members and Souldiers, who contrary to their own Votes, Ordinances, Proceedings, and Censures of others, have since prosecuted this, the like, or far worse Agreement, to the destruction of our ancient Parliaments, and their Priviledges, and of the fundamental Government, Laws, and Liberty of our Nation: which I wish they would now sadly lay to heart, with that saying of Augustine, approved by all sorts of Divines, andSee Gratian, Caus. 2. Qu. 1. 2. Summa Angelica, Rosella, & Hostiensis. Tit. Restituito. Casuists; Non remittitur peccatum, nisi restituatur ablatu [...], & sciendum est, Quod Restitutio est IN PRISTINUM STATUM POSITIO.
The third, is the memorable Statutes of 3 Jacobi, c. 1, 2, 4. & 5. which relating the old Gunpowder Treason of the Jesuits and Papists, and their infernal, inhuman, barbarous, detestable plot, to blow up the King, Queen, Prince, Lords, Commons, and the whole House of Peers with Gunpowder, when [Page 59] 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 hainousness and transcendency thereof, by this circumstance, That it was (as some of the principal Conspirators confessed) purposely devised and concluded to be done in the said House, That where sundry necessary and religious Laws, for preservation of the Church and State, were made, (which they falsly and slanderously termed, Cruel Laws enacted against them, and their Religion) both Place and Persons should be all destroyed and blown up at once; and by these dangerous Consequences, if it had not been miraculously prevented, but taken effect; That it would have turned to the utter ruine, overthrow, and subversion of the whole State and Common-wealth of this flourishing and renowned Kingdom, of Gods true Religion therein established by Law, and of our Laws and Government. For which horrid Treason, they were all attainted, See Speeds Hist. p. 1250. &c. Mr. Vicars History of the Gunpowder-Treason, The Arraignment of Traytors. and then executed as Traytors, and some of their Heads, Quarters, set upon the Parliament House for terrour of others. Even so let all other Traytors, Conspirators against, all Blowers up, and subverters of our fundamental Laws, Liberties, Government, Kings, Parliaments, and Religion, treading presumptuously in their Jesuitical footsteps, perish, O Lord, Judg. 5. 21. but let all them who cordially love, and strenuously maintain them against all Conspirators, Traytors, Underminers, Invaders whatsoever, be as the Sun when hee 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, Warres, Confusions, by their restitution and reestablishment.
CHAP. 2.
HAving thus sufficiently proved, That the Kingdom, and Freemen of England, have some antient Hereditary Rights, Liberties, Franchises, Privileges, Customs, properly called FUNDAMENTAL, as likewise a Fundamental Government, no ways to bee altered, undermined, subverted, directly or indirectly, under the guilt and pain of High Treason in [Page 60] those who attempt it, especially by fraud, force, or armed Power.
I shall in the second place present you in brief Propositions, a Summary of the chiefest and most considerable of them, which our prudent Ancestors in former Ages, and our latest real Parliaments, have both declared to be, and eagerly contested for, as fundamental, and essential to their very being, and well being, as a Free People, Kingdom, Republick, unwilling to be enslaved under any Yorkes of Tyranny, or Arbitrary Power: that so the whole Nation may the more perspicuously know and discern them, the more strenuously contend for them, the more vigilantly watch against their violations, underminings in any kinde, by any Powers or pretences whatsoever, and transmit, perpetuate them intirely to their Posterities, as their best and chiefest inheritance.
I shall comprise the sum and substance of them all in these Ten Propositions, beginning with the Subjects Property, which hath been most frequently, universally invaded, assaulted, undermined by our Kings, and their evil Instruments heretofore, and others since, and thereupon more strenuously, frequently, vigilantly maintained, fenced, regained, retained by our Nobles, Parliaments, and the people in all Ages (till of late years) than any or all of the rest put together, though every of them hath been constantly defended, maintained, when impugned, or incroached upon, by our Ancestors, and our selves.
1 ThatSee the Laws of King Edward the Confessor, confirmed by William the Conquerour, Lex. 55, 56, 57. The great Charters of King John, and Henry 3. c. 29, 30. 25 E. 1. c. 5, 6. 34 E. 1. De Tallagio. c. 1, 14 E. 3. Stat. 1. c. 21. Stat. 2. c. 1. 35 E. 3. Stat. 2. c. 1. 15 E. 3. Stat. 3. c. 5. 21 E. 3. Rot. Parl. N. 16. 25 E 3. Rot. Parl. N. 16, 27 E. 3. Stat. 2. c. 2. 36 E. 3. Rot. Parl. N. 26. 38 [...]. 3. c. 2. 45 E. 3. Rot. Parl N. 42. 11 H. 4. Rot. Parl. N. 50. 1 R. 3. c. 2. The Petition of Right, 3 Caroli, the Acts against Ship-money, Knighthood, Tonnage, and Poundage, 16. & 17. Caroli. no Tax, Tallage, Aid, Subsidy, Custom, Contribution, Loan, Imposition, Excise, or other Assesment whatsoever, for defence of the Realm by Land or Sea, or any other publick, ordinary, or extraordinary occasion, may or ought bee imposed, or leavied upon all or any of the Freemen of England, by reason of any pretended or real Danger, Necessity, or other pretext, by the Kings of England, or any other Powers, but only with and by their common consent and grant, in a free and [Page 61] lawful English Parliament duly summoned and elected; except only such antient, legal Ayds, as they are specially obliged to render by their Tenures, Charters, Contracts, and the common Law of England.
2 ThatSee Magna Charta, c. 29. & Cooks Institutes on it. 5 E. 3. c. 9 15 E. 3. c. 1, 2 25 E. 3. c. 4 28 E. 3. c. 3 37▪ E. 3. c. 18 42 E. 3. c. 3 2 R. 2. c. 2 4 5 H. 4. c. 10 19 H. 7. c. 10 23 H. 8. c. 8 The Petition of Right, 3 Caroli, and other Acts in ch. 3. 2 H 4. Rot. Parl. N. 60. & 69. no Free-man of England ought to bee arrested, confined, imprisoned, or in any private Castles, or remote unusual Prisons, under Souldiers, or other Guardians, but only in usual or Common Gaols, under sworn responsible Goalers, in the County where he lives, or is apprehended, and where his friends may freely visit and releeve him with necessaries; And that only for some just and legal Cause expressed in the Writ, Warrant, or Process, by which he is arrested or imprisoned; which ought to be legally executed, by known, legal, responsible sworn Officers of Justice, not unknown Military Officers, Troopers, or other illegal Catchpolls; That no such Free-man ought to bee denied Bail, Mainprise, or the benefit of an Habe as Corpus, or any other Legal Writ for his enlargement, when Bailable or Mainprizable by Law; nor to be detained Prisoner for any real or pretended Crime, not bailable by Law longer than until the4 E. 3. c. [...] 17 R. [...]. c. 10 next general or special Gaol-delivery, held in the County where he is imprisoned; when and where he ought to be legally tried and proceeded against, or else enlarged by the Justices, without denial or delay of Right and Justice. And that no such Free-man may, or ought to be out-lawed, exiled, condemned to any kinde of Corporal punishment, loss of Life or Member, or otherwise destroyed or passed upon, but only by due and lawful Process, Indictment, and the lawful Trial, Verdict, and Judgement of his Peers, according to the good old Law of the Land, in some usual Court of publick Justice; not by and in new illegal Military, or other Arbitrary Judicatories, Committees, or Courts of High Justice, unknown to our Ancestors.
3 That the ordinarySee the Laws of Edward the Confessor, and William, the Conqueror, Lex. 35. 55, 56, 58. Ras [...]als Abridgement. Tit. Armour. 35 E. 3. c. 8. Rot. Parl. N. 23▪ The Statures for impressing Souldiers, 16 & 1 [...] Caroli. standing Militia, Force, and Arms of the Kingdom, ought to reside in the Nobility, Gentry, Freeholders, and Trained Bands of the Kingdom, not in Mercenary Officers and Souldiers, receiving pay, and Contributions from the people; more apt to oppress, inslave, betray, than protect their Laws, Liberties, and to protract than end their Warres and Taxes. That no Free-men of England, unless it bee by [Page 62] special Grant and Act of Parliament, [...] E. 3. Stat. 2. c 5. 4 H. 4. c. 13. Exact collection, p. 878, 879. may or ought to be compelled, enforced, pressed, or arrayed to go forth of his own County (much less out of the Realm into forreign parts) against his will, in times of Warre or Peace; or except he be specially obliged thereto by antient Tenures and Charters, save only upon the sudden coming of strange enemies into the Realm; and then he is to array himself only in such sort, as he is bonnd to do by the ancient Laws and Customs of the Kingdom still in force.
4 That noSee Magna Char. c. 29. 5 E. 3. c. 9. 15 E. 3. c. 1, 2 21 E. 3. Rot. Parl. N. 28. 1 [...] E. 3. N 35, 36, 37. [...]5 E. 3. c. 4 Rot. Parl. N. 16. 28 E. 3. c. 3. 37 E. 3. c. [...]8. 42. E. 3. c. 1. 3. 2 R. 2. Parl. 2. c. 2. 7 R. 3. c. 4. 2 H 4. Rot. Parl. N. 60. 69. 15 H. 6. c. 4. The Petition of Right, 3 Car. and the Statutes against Ship-money, Knighthood, Tonnage and Poundage, 16, & 17 Caroli. Free-man of England may, or ought to be disinherited, disseised, dispossessed, or deprived of any Inheritance, Free-hold, Office, Liberty, Custom, Franchise, Chattles, Goods, whatsoever, without his own Gift, Grant, or free Consent, unless it be by lawful Processe, Trial, and Judgement of his Peers, or special Grant by Act of Parliament; nor to be denied or delayed common Right or Justice in any case.
5 That the old received Government, Laws, Statutes, Customs, Priviledges, Courts of Justice, legal Processe of the Kingdom, and Crown, ought not to be altered, repealed, suppressed in any sort; nor any new form of Government, Law, Statute, Ordinance, Court of Judicatury, Writ [...], or legal proceedings, instituted, or imposed on all, or any of the Free-men of England, by any person or persons, but only in and by the See 1 Sam. 7. 4, to the end. c. 11. 14, 15. c. 12. 1. 2 Sam. 5. 1, 2, 3. c. 16. 18. 1 King. 12. 3. to 21. c. 16. 1 [...]. c. 20. 7, 8. 2. King. 11. 1. to 21. c. 21. 24. c. 23. 30. Kingdoms, peoples free and full precedent consent in a lawful Parliament, wherein the Legislative power solely resides.
6 That Parliaments ought to be duly summoned, and held, for the good and safety of the Kingdom, every year, or every three years at least, or so soon as there is just occasion. That the Election of all Knights, Citizens, and Burgesses, to sit and serve in Parliament (and so of all other Elective Officers) ought to be free. ThatKing Johns Magna Cha [...]ta, Matth. Paris, p. 247. 5 R. 2. c. 4. cook [...] 4. Instit c. 1. My Plea for the Lords, My Ardua Regui, The Levellers levelled▪ and Epistle before my Speech in Parliament. 4 E. 3. c. 14. 36 E. 3. c. 10. 50 E. 3. N. 151. 1 R. 2. N. 95. 2 R. 2. N. 4, 5. all Members of Parliament Hereditary or Elective, ought to be present, and there freely to speak and vote [Page 63] according to their Judgements and Consciences, without any over-awing Guards to terrifie them; and none to be forced, sequestered, or secluded thence by force or fraud. That all Parliaments not thus duly and freely summoned, elected, freely held, but unduly packed, without due Elections, or by forcible secluding, securing any of the Members, or not summoning all of them to the Parliament, and all Acts of Parliament fraudulently, or forcibly procured by indirect meansSee 39 H. 6. c. 1. 17. E. 4. c. 7. [...] H. 4. N. 21, 22. 48. 1 H. 4. c 3., ought to be nulled, repealed, reputed voyd, and of dangerous president.
7 That neither theSee Rastals Abridgement of Statutes, Title, Provision [...] Premunire, & Rome. Kings, nor any Subjects of the Kingdom of England, may or ought to be summoned before any Forreign Powers or Jurisdictions whatsoever out of the Realm, or within the same, for any manner of Right, Inheritance, Thing belonging to them, or Offence done by them within the Realm, nor tried, nor judged by them.
8 That all Subjects of the Realm areLeges Edwardi Regis, c. 35, Lambards Arch. F. 135, 136. Cooks 7. Report, Calvins Case, f. 6, 7. Leges Willielm [...] Regis Lex. 58, 59. Seldens Notae ad Eadmerum, p. 191. 11 H. 7. c. 1. 18, 19, H. 7. c. 1. 25 H. 8. c. 22. 26 H. 8. c. 3. 28 H. 8. c. 7. 1 Eliz. c. 1. 3. 5. 5 Eliz. 2. c. 1. 1 Jac. c. 1, 2. 3. Jac. c. 1, 2, 4, 5. 7 Jac. c. 6. The Protestation, League and Covenant, and the ancient Oathes of Fealty, Homage, Mayers, Sheriffs, Free-men. obliged by Allegiance, Oaths, and duty to defend their lawful Kings Persons, Crowns, the Laws, Rights, and Priviledges of the Realm, and of Parliament, against all Usurpers, Traytors, Violence, and Conspiracies. And that no Subject of this Realm, who according to his Duty, and Allegiance, shall serve his King in his Warres, for the just defence of him and the Land, against Forreign Enemies or Rebels, shall lose or forfeit any thing for doing his true duty, service, and allegiance to him therein; but utterly be discharged of all vexation, trouble, or losse.
9 That no publick Warre by Land or Sea ought to be made or leavied, with, or against any Forreign Nation: nor any publick Truce or League entred into with Forreign Realms or States, to binde the Nation, without their common advice and consent in Parliament.
10 That the Kings of England, or others, cannot grant away, alien, or subject the Crown, Kingdom, or antient Crown Lands of England to any other, without their Nobles and Kingdoms full and [Page 64] free consent in Parliament. That the antient Honours, Manors, Lands, Rents, Revenues, Inheritances, Rights, and Perquisits of the Crown of England, originally setled thereon for the [...]ase and exemption of the people from all kind of Taxes, payments whatsoever (unlesse in case of extraordinary necessity) and for defraying all the constant, ordinary expences of the Kingdome (as the expences of the Kings houshold, Court, Officers, Judges, Ambassadors, Guard, Garrisons, Navy and the like) ought not to be sold, alienated, given away or granted from it, to the prejudice of the Crown, and burdenning of the people. And that all Sales, Alienations, Gifts, or Grants thereof, to the empairing of the publique Revenue, or prejudice of the Crown and people, are void in Law, and ought to be resumed, and repealed by our Parliaments and Kings, as they haveDaniels History p. 78 79. 80. 123. 10. 12 n. 2. r. 8. H 5. r. 9 1. 1. 6. n. 53. 31. H. 6. r. 7. 1. R. 2. n. 14 [...]. 1. H. 4. n. 100. 6 H 4. n. 4. 15. 8. H. 4. n. 12. 33. H. 6. n. 47. 4. G. n. 3 [...]. 12 E. 4, n. 6. freqeuntly been in all former ages.
For the Readers fuller satisfaction in each of these propositions (some of which I must in the ensuing Chapter but briefly touch for brevity sake, having elsewhere fully debated them in print,) I shall especially recommend unto him the perusall of such Tractates, and Arguments formerly published, wherein each of them hath been fully discussed, which hee may peruse at his best leasure.
The First of these Fundamentalls, (which I intend principally to insist on) is fully asserted, debated, confirmed by 13. H. 4. f. 14. By Fortescue Lord Chief Justice, and Chancellor of England, de Laudibus Legum Angliae, dedicated by him to King Henry the 6. f. 25. c. 36. By a Learned and necessary Argument against Impositions in the Parliament of 7. Jacobi: by a late reverend Judge, Printed at London 1641. By Mr. William Hakewell, in his Liberty of the Subject against Impositions, maintained in an Argument in the Parliament of 7 Jacobi, Printed at London 1641. By Judge Crooks and Judge Huttons. Arguments concerning Ship-mony, both Printed at London 1641. By the Case of Ship-mony briefly discussed. London 1640. By M. St. Johns Argument and Speech against Ship-mony, Printed at London 1641. By Sir Edward Cook in his 2 Institutes p. 46. and 57. to 64. and 528 to 537. By the first and second Remonstrance of the Lords & Commons in Parliament. [Page 65] against the Commission of Array. Exact Collection p. 386. to 398. and 850. to 890. and by my own Humble Remonstrance against Ship-mony, London 1643. The Fourth part of the Sovereign Power of Parliaments and Kingdomes, p. 14. to 26. my Legall Vindication of the Liberties of England, against Illegall Taxes &c. London 1649. and by the Records and Statutes cited in the ensuing Chapter, referring for the most part to the first Proposition.
The second, third, and fourth of them, are largely debated and confirmed by a Conference desired by the Lords, and had by a Committee of both Houses, concerning the Rights and Priviledges of the Subject, 3 Aprilis 4 Caroli, Printed at London 1642. By Sir Edward Cook in his Institutes on Magna charta, c. 29. p. 45. to 57. By the first & second Remonstrance of the Lords and Commons against the Commission of Array, Exact Collection p. 386. and 850. to 890. By Judge Crooks, and Judge Huttons Arguments against Ship-mony. By Sir Robert Cotton his Posthuma p. 222. to 269. By my Breviate of the Prelates Encroachments on the Kings Prerogative, and the Subjects Liberties, p. 138. my New Discovery of the Prelates Tyranny, p. 137. to 183. and some of the ensuing Statutes, and records, ch. 3. See 1 H. 4. rot Parl. n. 22, 23, 24, 26, 28, 43, 44▪ 47.
The Fift and Sixt of them, are fully cleared, vindicated in and by the Prologues of all our Councills, Statutes, Laws, before and since the Conquest. By 1. H. 4. Rot. Parl. n. 33, 34, 36. (an excellent full president.) Sir Edward Cooks 4 Institutes, ch. 1. Mr. Cromptons Iurisdiction of Courts, Title High Court of Parliament. Mr. St. Johns speech against the Shipmony Judges, p. 32, 33. my Plea for the Lords; my Levellers levelled; my Ardua Regni; my Epistle before my Speech in Parliament; my Memento, my Sovereign Power of Parliaments and Kingdomes, part. 1, 2, 3, 4. my Legal Vindication against illegal Taxes, and pretended Acts of Parliament, London 1649. Prynnethe Member, reconciled to Prynne the Bar [...]ester, Printed the same year. My Historical Collection of the Ancient great Councils and Parliaments of England, London 1649. My Truth triumphing over Falshood, Antiquity [Page 66] over Novel [...]y, London 1645. 3 E. 1. c. 5, 4 E. 3. c. 14. 36 E. 3. c. 10. 1 H. 4. c. 3, 4. 5 R. 2. Stat. 2. c. 4. Rastal tit. Parliament. 1 H. 4. Rot. Parl. n. 21. 22. 48. 70. 31 H. 6. c. 1. 39 H. 6. c. 1. Rot. Parl. n. 8. 17 E. 4. c. 7. expresse in point, and some of the Records hereafter transcribed. In this I shall be more sparing, because so fully confirmed in these and other Treatises.
The Seventh, is ratified by Sir Edward Cooks 1. Institutes p. 97▪ 98. 4 Institutes p. 89. and 5. report Cawdries case, of the Kings Ecclesiasticall Laws, Rastals Abridgement of Statutes, Tit, Provisors, Praemunire, Rome, and other Records and Statutes in the ensuing Chapter.
The Eight, is verified by the Statutes quoted in the Margin to it, and by other Records in the third Chapter.
The Ninth and Tenth, are fully debated in my Soveraign Power of Parliaments and Kingdomes, par. 2. p. 3. to 34. part. 4. p. 1. to 13. and 162. to 170. touched in Sir Robert Cottons Posthuma, p. 174. 179. confirmed by sundry Presidents in the next Chapter. & by 1 H. 4. Rot. Parl. n 32.
How all and every of these Fundamentall Liberties, Rights, Franchises, Laws, have been unparalledly violated, subverted, in all and every particular, of late years, beyond all Presidents in the worst of former ages, even by their greatest pretended Propugners, their own Printed Edicts, Instruments, Ordinances, Papers, together with their illegall Oppressions, Taxes, Excises, Imposts, Sequestrations, Rapines, Violences, unjust Proceedings of all kinds, will sufficiently evidence, if compared with the premised Propositions. Not to insist on any fore-past illegall Imposts, Taxes, Excises, under which the nation lately groaned, imposed on us by unparliamentary Junctoes, or the Army Officers alone from Anno 1648 to 1653. without any real Parliament by their own armed Iurisdiction. I shall here instance onyl in 3. or 4 particulars, relating wholly to the First Proposition, being of most generall, greatest present and future concernment of all other to the whole English Nation, at this very instant most intollerably oppressed, grieved by them; directly sweeping away all their Fundamentall Right of Property, and consequentially all their Liberty of person, Laws, Charters, at once, and that in perpetuity, beyond all hopes of Future redemption, if not [Page 67] timely prevented by the Ʋniversality, Body of the Realm, or their Trustees.
The first of them is, the present imposition, and continuance of the strange, oppressive, monstrous, general high Tax of EXCISE, imposed on most native and forreign Commodities throughout England, and its Dominions; which as it was a meer Stranger to all our Ancestors, and those now living, till within these few years; so it was no sooner projected by some evil Malignant Jesuited Counsellers about the late King, but it wasSee my Declaration and Protestation against the illegal, detestable, oft-condemned new Tax, and Extortion of Excise, 1654. Exact collection, p. 885. Mr. St. Johns Speech concerning Ship-money. p. 15, 16. presently condemned, and crushed in the very shell, when first intended to be set on foot in England by King Charls, (with the advise and consent of his privie Council at White-Hall) by a Commission under the Great Seal of England, dated the last of February, 3 Caroli, issued to thirty three Lords of his Majesties Privie Council and others: which authorized, commanded them to raise monies BY IMPOSITIONS OR OTHERWISE, as they in their wisdoms should finde most convenient; and that only for these publike uses, THE DEFENCE OF THE KING, KINGDOM, PEOPLE, and of the Kings Friends and Allies beyond the Seas, then in such imminent danger, that WITHOUT EXTREAMEST HAZARD OF THE KING, KINGDOM, PEOPLE, KINGS Friends and Allies, it could admit of no longer delay. In which INEVITABLE NECESSITY, form and circumstance must rather be dispenced with than the substance lost. The Commissioners being thereupon specially injoyned, to be diligent in the Service, and not fail therein, as they tender his Majesties Honour, and THE SAFETY OF THE KING and PEOPLE. This Commission was no sooner discovered, but it was presently complained of by the whole Commons House, in the Parliament, of 3 Caroli, and upon Conference with the Lords it was immediately Voted, adjudged by both Houses, without one dissenting voyce, TO BEE (EX DIAMETHRO) AGAINST LAW, and CONTRARY TO THE PETITION OF RIGHT; after which, it was cancelled as such in the Kings own presence, by his consent, order, and then sent cancelled to both Houses, for their satisfaction, before ever it was put in execution, and all [Page 68] Warrants for, and memorials of it cancelled, damned, destroyed; the Commons further urging, That the Projector thereof might be found out by strict inquiry, and EXEMPLARILY PƲNISHED (as the Parliament Journal attests) notwithstanding all the specious pretences, of inevitable necessity, imminent danger, and the defence, safety of the whole Kingdom, People, King, and his forreign Protestant Friends and Allies (then in greater real danger, than any now appearing) This Original Parliamentary Doom, Judgement against that New Monster of Excise, was ratified, approved, pressed by both Houses of Parliament, in the Cases of Ship-money, and the Commission of Array, as you may read at large in Mr. Oliver St. Johns Speech and Declaration, delivered at a Conference of both Houses concerning Ship-money, 14 January, 1640. (printed by the Commons Order) p. 13. to 20. and, The Lords and Commons second Declaration against the Commission of Array. Exact collection, p. 884, 885. from which they then drew this positive conclusion (fit to be now considered by our New Governours, and the whole Nation)Exact Collection, p. 886. Nota. THAT TO DEFEND THE KINGDOM IN TIME OF IMMINENT DANGER, IS NO SUFFICIENT CAVSE (for the King and his Council, much less then for those who condemned, suppressed them for Tyrants, and Oppressors of the People) TO LAY ANY TAX OR CHARGE UPON THE SUBJECTS WITHOUT THEIR CONSENT IN PARLIAMENT. Yea the whole House of Commons was so zealous against this Dutch Devil of Excise, that in their Remonstrance of the state of the Kingdom, 15 Decemb, 1641. Exact Collection, p. 3 4, 6. they expresly brand, censure, the first Attempts to introduce it, for A MALIGNANT and PERNI [...]IOUS DESIGN, TO SUBVERT THE FUNDAMENTAL LAWS and PRINCIPLES OF GOVERNMENT, upon which the JUSTICE OF THIS KINGDOM WAS FORMERLY ESTABLISHED; as proceeding from JESUITED COVNSELS,Nota. BEING MOST ACTIVE and PREVAILING; yea, for AN UNJUST and PERNICIOVS ATTEMPT, TO EXTORT GREAT PAYMENTS FROM THE SUBJECTS. Which was to be [Page 69] accompanied (as now it is) with Billited Souldiers in all parts of the Kingdom, and the concomitant of German (as now of English) HORSE, That the And is not this its present sad slavish condition? LAND MIGHT EITHER SUBJECT WITH FEAR, or BE ENFORCED WITH RIGOVR TO SUCH ARBITRARY CONTRIBUTIONS AS SHOVLD BE REQVIRED OF THEM. And when some rumours were first spread abroad, that the COMMONS HOVSE INTENDED TO LAY EXCISE UPON PEW [...]ER AND OTHER COMMODITIES; they were so sensible of the injustice and odiousness thereof, that they thereupon published a special Declaration, printed 8 Octob. 1642. Exact Collection, p. 638. wherein they not only disclaim, renounce any such intention, but branded those Reports and Rumours, for FALSE and SCANDALOVS ASPERSIONS, raised and cast upon the House BY MALIGNANT and ILL-AFFECTED PERSONS, TENDING MUCH TO THE DISSERVICE OF THE PARLIAMENT: and Ordered, That the AVTHORS OF THEM should be inquired aftèr, apprehended, and brought to the House TO RECEIVE CONDIGNE PUNISHMENT. After which this Excise being notwithstanding this Disclaimer, and much publick, private opposition against it, set on foot by some swaying Members (upon a pretence of necessity for support of the Army) to the great Oppression, and Discontent of the People; The Generall and general Council of Officers and Souldiers of THE ARMY themselves, were so sensible of this illegal oft-condemned New grievance, that in the Heads of their Proposals, and particulars of their Desires, in order to the clearing and securing of the Rights and Liberties of the Kingdom, tendred to the Commissioners of Parliament residing with the Army, the first of August, 1647. (printed in their Book of Declarations, p. 118, &. published by their own, and the Lords House special Order) they [...]ade this one principall Desire to the Parliament; That the EXCISE may be taken off from such Commodities, whereof the poor of the Land do ordinarily Do they not so on Beer, Salt, and other Manufactures, for which they▪ now pay Excise? live, and A CERTAIN TIME TO BE LIMITED FOR TAKING OFF THE WHOLE. Yet notwithstanding all these Judgements and Outcryes [Page 70] against it; some of those very persons who thus publickly branded it, both in the Parliament House and Army; by irregular paper Ordinances (as they intitle them) dated 24 December, 1653. March 17. 1653. and May 4. 1654. have by their own Self-derived supertranscendent Authority, without, yea against the Peoples consents, or any Authority from Parliament, imposed, continued Excise upon our own Inland, and Forreign Commodities, in very high proportions, from the twenty fourth of March 1654. till the twenty fourth of March 1655. And (which is most observable) prescribed it to bee levied, by putting the Parties to an (EX OFFICIO) OATH against themselves; by Fines, Forfeitures, SEQVESTRATIONS, and SALES OF THE REFUSERS, OPPOSERS, PERSONAL and REAL ESTATES, DISSTRESSES, BREAKING UP OF THE PARTIES HOVSES, SEISVRES OF THEIR GOODS, IMPRISONMENT OF THE PERSONS OF ALL SUCH WHO SHALL HINDER OR OPPOSE THE MINISTERS, OR OFFICERS IMPLOYED IN LEVYING, or distraining for the same, BY LOCKING UP THE DOORS, or OTHERWISE. And by these their unparalleld Edicts they further order, That the Officers of Excise, BOTH DAY AND NIGHT, shall be permitted free entrance into ALL ROOMES and PLACES WHATSOEVER THEY SHALL DEMAND, in Brewers, Sope-boylers, and others Houses, under pain of forfeiture of fifty pounds for every refusal (by colour whereof all mens Houses may be robbed, plundered, and their throats cut by Theeves and Robbers, pretending themselves Excise-men, Souldiers, authorised to make such Searches, as many of late have been.) And they with all their assistants shall bee kept indenspnified in ALL CAUSES RELATING TO THE EXCISE, from time to time, against all Sutes or Actions brought, or other molestations, against them by the Parties grieved; who areWitness Mr. [...]ony amongst others. usually Fined, Imprisoned, enforced to pay Costs of Sute, only for suing for relief) yea (which I cannot think of without horrour and amazement) ALL [Page 71] COVRTS OF JUSTICE OF THIS COMMON-WEALTH, and ALL JUDGES and JUSTICES OF THE SAME,Nota. SHERIFS, COVNSELLORS, ATTURNIES, SOLICITORS, and ALL OTHER PERSONS, are thereby expresly required, to conform themselves accordingly, (in all things) WITHOVT ANY OPPOSITION OR DISPVTE WHATSOEVER; as the precise words of their Ordinance of 17 March, 1653. proclaim to all the Nation. Which declares further, That IT IS NECESSARY to provide A CONTINVAL SVPPLY for the carrying on the weighty Affairs of this Common-wealth OVT OF THIS REVENVE OF EXCISE. And do not these Clauses, (compared with the 27. & 29. Articles of their Instrument,) clearly discover, a fixed Resolution in these new Legislators, to continue, and perpetuate upon the whole Nation, this importable Grievance of Excise, from year to year, without intermission or end, to be leavied by the means aforesaid? to hinder all and every the Freemen of England, from endeavouring to free or exempt themselves, or their Posterities from it hereafter, by any Sute, Action, Habeas Corpus, or other legal remedy in any Court of Justice whatsoever? yea peremptorily, positively to prohibit, enjoyn all Courts of Justice, Judges, Justices, Sheriffs, Counsellours, Atturnies, Solicitors, with all other persons of this Common-wealth, both for the present and future Ages, to give them the least legal assistance, advice, or relief against the same, or against any Officers, or Assistants which shall forcibly l [...]a [...]ie it by distress, Fines, Imprisonnents, Confiscation of Goods, Sequestrations, Sales of their personal or real Estates, or otherwise?
I appeal then (in the behalf of all the Freeborn People of England) the Souls and Consciences of these new Ordinance-makers, with all the Executioners of them in any kinde, before all the Tribunals of Heaven and Earth, whether they have not by these their Dismal Ordinances, more desperately, irrecoverably, totally, finally (as much as in them lies) undermined, subverted; and quite blown up at once, all the Foundations of our hereditary Fundamentall Properties, Liberties, Laws for eternity, and levelled them to the dust, then the worst of all [Page 72] our Kings or former Councill-tables ever did? Deprived the whole Nation, and every particular Free-man in it, of all future benefit of our Laws, Statutes and Courts of Justice, for their just relief against this intolerable Oppression; and thereby reduced us to the condition of the most slavish, captivated, fettered Bond-slaves and conquered Vassals under heaven, without any visible means or hopes of future enfranchisement, under a pretext of fighting for, maintaining, protecting, enlargeing our former properties and freedomes & to a more miserable, sordid, servile condition, than either we or our Ancestors sustained under the worst of al our Kings and their most pernicious Counsellors; who never in any age attempted, tither to make or impose such Extravagant enslaving Ordinances or Excises, with such strange penalties, Forfeitures, Imprisonments, Sequestrations, sales, & most unrighteous Monstrous Inhibitions of all legal suites, & means for cheirrelief in Courts of Justice, as they have done: King Charles himself (though condemned, beheaded by them for the worst of Tyrants and Oppressors) permitting his Subjects free Liberty, to dispute the Legality of Fines for Knight-hood, See the Arguments concerning them in Mr. Hambdins and others cases. Ship mony, Tonnage, Poundage, Loanes, Excise and other Impositions not—only in his Parliaments, (where they were fully debated without restraint, and Laws passed against them afterwards by his own Royall assent thereto) but likewise in all his other Courts, where they were first brought in question. Yet now in our N [...]w Free State, under these greatest pretended Patrons of our Laws and Liberties, all Courts, Judges, Justices, and other Officers must conform to these illegall Impositions, and their tyrannicall waies of inforcement, without any opposition or dispute whatsoever; and all Counsellors, Attornies, Solicitors and others, must neither argue, nor advise, nor act. in any kinde against them. And is this the glorious old antient English Liberty, Freedome, Property, Law, and free course of Justice, wee have spent so many millions of Treasure, so many years of publique Consultations, warres, Prayers, Fasts, Tears, and such Oceans of precious christian Protestant English blood, inviolably to maintain and perpetuate to posterity? If any Free-born English men whatsoever dare publikely averre it, let them do it at the perill of their infamy, execration in all [Page 73] future ages, yea of their own heads and Souls. If they cannot but now absolutely disavow it, let them with shame and indignation disclaim, renounce such illegall Ordinances, Excises, as most detestable both to God and all true-born English free men. 2.
The 2 is, The present continuing Impositions of Customes Tonnage and Poundage upon Goods, Merchandizes imported and exported, without any grant thereof by Parliament, by a new Printed Paper, entituled, an Ordinance of March, 23 1653. thus peremptorily imposing them without any Prologue or Inducement to satisfy the people either in Equity or Justice, much lesse in their Legality in respect of those who thus impose them for sundry years yet to come. Be it ordained by his highness, the Lord Protector, with the advise and consent of the Councell, that one Act of Parliament (though no See Cook; 4. Justi. c. 1. Brooks Parliament 4. 76 42. 107. and my Plea for the Lords. Act at all by any known Laws, Statutes, Law-books, Records, Customes or Constitutions of the Realm, bu [...] a meer Nullity) entituled, an Act for the Continuation of the Customes, until the 26 of March, 1653, and all clauses and powers therein contained are, and ARE HEREBY CONTINUED, and SHALL and DO STAND IN FULL FORCE UNTILL THE 26 DAY OF MARCH in the year of our Lord 1658. &c. By which these New Legislators, by their own inherent Superlative Power, presume to impose this Tax upon the whole Nation, (without any grant in Parliament) for full 5 years space, not only contrary to theSee Cooks 4. Justit. c. 1. and Rastal. Taxes. Presidents in all former Kings raigns, who never claimed nor received it, but by speciall grant in Parliament; but likewise contrary to this memorable Remonstrance, made by the whole House of Commons in the Parliament of 3 Caroli, (never yet Printed to my knowledge.)
‘Most gracious Soveraign, your Majesties most loyall and dutifull Subjects, (the Commons in this present Parliament Assembled,) being in nothing more carefull than of the Honour and Prosperity, of your Majesty and the Kingdome,) which they know doth much depend upon that union and relation betwixt your Majesty and your people) do with much sorrow apprehend, that by reason of the incertainty of their continuance together, the unexpected interruptions which have been cast [Page 74] upon them, and the shortness of time in which your Majesty hath determined to end this Session; they cannot bring to maturity and perfection divers businesses of weight, which they have taken into their consideration and resolution, as most important for the common good.’
‘Amongst other things, they have taken into especiall care the preparing of a Bill for the granting to your Majesty such a Subsidy of Tonnage and Poundage, as might uphold your Profit and Revenue, in as ample manner as their just care and respect of Trade (wherein not only the prosperity, but even the life of the Kingdom doth consist) would permit. But being a work which will require much time and preparation, by Conference with your Majesties Officers, and with the Merchants, not only of London, but of other remote parts; they finde it not possible to bee accomplished at this time; wherefore considering it will be much more prejudicial to the Right of the Subject,Nota. if your Majesty should continue to receive the same without Authority of Law, after the determination of a Session, then if there had been a recess by Adjournment only (in which case that intended Grant would have related to the first day of the Parliament) and assuring themselves, That your Majesty is resolved to observe that your royal Answer, which you have made to the Petition of Right of both Houses of Parliament; yet doubting lest your Majesty may be mis-informed concerning this particular case, as if you might continue to take those Subsidies of Tonnage and Poundage, and other Impositions of Merchants without breaking that Answer; they are forced, by that duty which they owe to your Majesty, and to those whom they represent, to declare, THAT THERE OVGHT NOT ANY IMPOSITION TO BE LAID ƲPON THE GOODS OF MERCHANTS EXPORTED OR IMPORTED WITHOVT COMMON CONSENT BY ACT OF PARLIAMENT,Nota. WHICH IS THE RIGHT AND INHERITANCE OF YOVR SVBJECTS, FOVNDED NOT ONLY ƲPON THE MOST ANTIENT AND ORIGINAL CONSTITVTION OF THIS KINGDOM, BUT OFTEN CONFIRMED [Page 75] AND DECLARED IN DIVERS STA [...]VTE LAWS? And for the better manifestation thereof, may it please your Majesty to understand, That although your royal Predecessors, the Kings of this Realm have often had such Subsidies, and Impositions granted unto them upon divers occasions, especially for the guarding of the Seas, and safeguard of Merchants,Nota. yet the Subjects have been ever careful to use such Cautions and limitations in those Grants, as might prevent any Claim to be made, that such Subsidies do proceed from duty, and not from the free gift of the Subject, and that they have heretofore limited a time in such Grants, and for the most part but short, as for a year, or two; and if it were continued longer, they have sometimes directed a certain space of resensation or intermission, that so the Right of the Subject might be more evident. At other times it hath been granted upon occasion of Warre for certain numbers of years, with Proviso, that if the Warre were ended in the mean time, then the grant should cease. And of course it hath been sequestred into the hands of some Subjects to bee imployed for guarding of the Coasts; and it is acknowledged by the ordinary Answers of your Majesties Predecessors, in their assents to the Bills of Subsidy of Tonnage and Poundage, that it is of the nature of other Subsidies, proceeding from the good will of the Subject. Very few of your Predecessors had it for life, until the reign of Henry 7.Though he came in by the Sword, as a kind of Conquerour. who was so farre from conceiving he had any right thereunto, that although he granted Commissions for collecting certain Duties and Customs due by Law, yet he made no Commission for receiving the Subsidy of Tunnage and Poundage, until the same was granted to him in Parliament.’
Since his time, all the Kings and Queens of this Realm ‘have had the like Grants for life, by the free love and good will of the Subject; and whensoever the people have been grieved by laying any Impositions or other Charges upon their Goods and Merchandizes without authority of Law, (which hath been very seldome) yet upon complaint in Parliament they have been forthwith releeved,Nota. saving in the time of your royall Father, who having through ill counsel raised the Rates [Page 76] of Merchandizes to that height at which they now are, yet he was pleased so farre to yee [...]d to the complaint of his people, Nota. as to offer, that if the value of these Impositions which he had set, might be made good unto him, he would bind himself, and his Heirs by Act of Parliament, never to lay any other; which offer the Commons at that time, in regard of the great burthen, did not think fit to yeeld unto.’
‘Nevertheless your loyal Commons in this Parliament, out of their especial zeal to your Service, and special regard of your pressing occasions, have taken into their considerations; so to frame a Grant of Subsidy of Tunnage and Poundage to your Majesty, that both you might have been better enabled for the defence of your Realm, and your Subjects by being secure from all undue Charges, be the more encouraged cheerfully to proceed in their course of Trade; by the encrease whereof your Majesties profit, and likewise the strength of the Kingdom would be very much augmented. But not being now able to accomplish this their desire, there is no And are not all the Commons Merchants, Freemen of England bound to use the same course, and make the s [...]me Declaration now? course left unto them without manifest breach of their Duty, both to your Majesty and their Country, save only to make this humble Declaration, THAT THE RECEIVING OF TONNAGE and POVNDAGE, and OTHER IMPOSITIONS NOT GRANTED BY PARLIAMENT,Nota. IS A BREACH OF THE FVNDAMENTAL LIBERTIES OF THIS KINGDOM, and CONTRARY TO YOVR MAJESTIES ROYAL ANSWER TO THE SAID PETITION OF RIGHT; And therefore they do most humbly beseech your Majesty to forbear any further receiving of the same, And can our p [...]esent Grandees take it in ill part if we refuse to pay them now, being demand [...]d without Warrant of a Law, and the receivers of them in a Premunire by express Act of Parliamen of 16 Caroli, made since this Remonstrance. and not to take it in ill part from those of your Majesties loving Subjects, WHO SHALL REFVSE TO MAKE PAIMENT OF ANY SVCH CHARGES WITHOVT WARRANT OF LAW DEMANDED. And as by this forbearance, your most excellent Majesty shall manifest unto the World your ROYAL JUSTICE IN THE OBSERVATION OF YOVR LAWS; so they doubt not hereafter, at the time appointed for their coming again, they shall have occasion to express their great desire to advance your Majesties HONOVR and PROFIT,’
[Page 77] The King dissolving this Parliament on a sudden, and continuing to take Tonnage and Poundage by his Royal Prerogative without any Act of Parliament, sundryAlderman Chambers, Mr. Rolls, and others. Merchants upon the Commons Remonstrance, refused to pay the same; whereupon their Goods were seised: of which they complaining in Parliament, 16 Caroli, were Voted full Reparations against the Customers, with Dammages for the same. And to prevent the Kings Claim thereunto by right; with all future Demands and Collections thereof from the Subject without grant in Parliament, they Declared and Enacted by three special Acts of Parliament 16, & 17, Caroli, That IT IS and HATH BEEN THE ANTIENT RIGHT OF THE SVBJECTS OF THIS REALM;Nota. That NO SUBSIDY, CVSTOME, IMPOST, OR OTHER CHARGES WHATSOEVER OVGHT OR MAY BE LAID OR IMPOSED UPON ANY MERCHANDISE EXPORTED OR IMPORTED BY SUBJECTS, DENIZENS OR ALIENS, WITHOVT COMMON CONSENT IN PARLIAMENT, and that if any Customer, Controller, or any other Officer, or Person, should take or receive, or cause to bee taken or received the said Subsidy, or any other Impost upon any Merchandize whatsoever, exported or imported, except the same be due, by Grant IN PARLIAMENT, shall incur the penalties and forfeitures OF A PREMVNIRE, to the which the King gave his Royal Assent. And to prevent any future prescription thereunto by the King, they discontinued it for some time, and then granted it specially from Month to Month, or some short space with sundry limitations, and the penalty of A PREMVNIRE if otherwise received, by several New Acts of Parliament, to which the King gave his assent. These Acts the King himself in his Proclamation of the sixteenth of December, in the eighteenth year of his reign, stiles, THE FENCES OF THE SVBJECTS PROPERTY, received from Ʋs, and understood by Ʋs, as one of THE GREATEST GRACES THE CROWN EVER CONFERRED ON THE SVBJECT; And by that Proclamation, he prohibited all his Subjects, both the paiment and receipt of any Monies for Customs, or other Maritine Duties, contrary [Page 78] to this Act, by any Ordinance of both Houses of Parliament; under pain of a PREMUNIRE, and of being likewise proceeded against as ill-affected persons to the Peace of the Kingdome.
Whereupon the Lords and Commons in their answer to this Proclamation; though they declared; that the intent and meaning of that penall Clause of a PRAEMVNIRE and other Forfeitures (in these new statutes, which likewise disable every person, Customer, Officers who should take or receive, or cause to be taken or received any such subsidy or imposition upon any Merchandize, during his life, to sue or implead any persons, in any action reall, mixt or personal in any Court whatsoever,) was only to restrain the Crown, from imposing any duty or payment on the Subjects, without their consent in Parliament: and that it was not intended to extend to any case whereunto the LORDS and COMMONS GIVE THEIR ASSENT IN PARLIAMENT (which they never did to this New White-hall Ordinance, nor the pretended Act recited in it, therefore the imposers and receivers of it by vertue thereof, without such assent in Parliament, are within the penalties of the aforesaid Statutes:) Yet to avoid the danger of a Praemunire in their Officers, by exacting it only by an Ordinance of both Houses, without a speciall Act of Parliament; they did by their firstExact Collection p. 790. to 797. Ordinances, impose and demand Customes, Tonnage Poundage and new Imposts, not as a Legal Duty, but only BY WAY OF LOANE, til the Act of Parliament for their future continuance should be assented to by the King: as their Declaration of 31 December 1642. and their Ordinance of the same date, concerning the subsidy of Tonnage and Poundage attest. By what coulor of Law, Iustice, Right, this antient birth-right of all English Subjects, so lately declared by three Acts of Parliament, to which most of our late and present White-hall Grandees were parties, comes to bee lost and forfeited by our contests to preserve it; or how the Customes, Imposts of Tonnage, and Poundage, can bee now imposed, continued on, or exacted from the Subjects by any Powers, Officers, or persons Whatsoever, and levied by severest penalties, Forfeitures, Imprisonments, Seisures, by pretext of this [Page 79] White-hal Ordinance, (though no waies granted by common consent and Act of Parliament,) without incurring a Praemunire; and forementioned penalties, disabilities; or without subverting the Fundamental Liberty, Property, Franchises, Laws, Statutes of the whole English Nation, in a farre higher degree then ever in former ages, I cannot yet discern; and all our New Governours, Merchants, Customers, Officers and other persons, who have any Cordial affection, Love, Zeal to their own or the peoples hereditary Rights and Priviledges, may do well to demurre in Law upon it, till they can satisfy their own and other mens consciences therein, to prevent the dangerous consequences of such an ill president to posterity. In the Parliament of 1 H. 4. rot. Parl. n. 32, 33, 34, 36. These were the principall Articles of impreachment exhibited against King Richard the Second; for which hee was forced to depose himself, as unfit to Govern, and resign up his Crown to King Henry the Fourth. See Historiae Anglicanae Londini. 1652. Col. 2750, 2751. Halls Chronicle f. 7, 8. John Trussel in. 23. R. 2. p 46. Grafton p. 401. That whereas the King of England out of the profits of the Realm, and the Patrimony belonging to his Crown, might live honestly without oppression of his people, so as the Kingdome were not burdened with the extraordinary expences of warre, that this King during the Truces between the Realm and the Adversaries thereof; gave and squandered away a great part of the Crown-Lands to unworthy persons, and thereupon exacted almost every year, so many Taxes and Grants of Ayde from his Subjects of the Realm, that hee thereby GREATLY and TOO EXCESSIVELY OPPRESSED HIS PEOPLE, TO THE IMPOVERISHING OF HIS REALM. That the same King being unwilling to keep and defend the just Laws and Customes of his Realm, and to do according to his pleasure, whatsoever should suite with his desires, frequently when the Laws of his Realm were expounded and declared to him by the Justices and others of his Council, who requested him to administer Justice according to those Laws, said expresly with an austere and frownning Countenance, THAT THE LAWS WERE HIS more suo, AFTER his own MANER; and sometimes, THAT THEY WERE IN HIS OWN BREAST, and THAT HEE ALONE COULD ALTER and MAKE THE [Page 80] LAWS OF HIS REALM, And being seduced with this opinion, he permitted not Justice to be done to very many of his Leige people, but compelled very many to cease from the prosecution of common Justice. That when as afterwards in his Parliament certain Statutes were made, which might always bind, till they were specially repealed by another Parliament, the same King desiring to enjoy so great Liberty, that none of these Statutes might so binde him, but that he might execute and do according to the pleasure of his own Will, which hee could not do of right; subtilly procured such a Petition to be presented to him in his Parliament, in the behalf of the Commons of his Realm, and to be granted to him in the general; THAT HE MIGHT BE SO FREE AS ANY OF HIS PROGENITORS WERE BEFORE HIM. By colour of which Petition and Grant, he frequently did, and commanded to bee done, MANY THINGS CONTRARY TO THE SAID STATVTES NOT REPEALED, GOING AGAINST THEM EXPRESLY, and WITTINGLY, AGAINST HIS OATH AT HIS CORONATION. That although by the Statutes and Customs of his Realm, in the summoning of every Parliament, his people in every County of the Realm ought to be free, to elect and depute Knights for the said Counties to sit [...] Parliament, both TO RECEIVE their GRIEVANCES, and TO PROSECVTE REMEDIES THEREUPON, AS IT SHALL SEEM EXPEDIENT TO THEM; yet the said King, that he might in his Parliament be able to obtain the effect of his rash Will, frequently directed his Mandates to his Sheriffs, that they should cause to come to his Parliament CERTAIN PERSONS NAMED BY THE KING HIMSELF, AS KNIGHTS OF THE SHIRE; Which Knights verily favouring the said King, he might easily enduce, as he frequently did, sometimes by divers threats and terrors, and sometimes by gifts, TO CONSENT TO THOSE THINGS WHICH WERE VERY PREJVDICIAL TO THE REALM, and VERY BVRDENSOME TO THE PEOPLE;Nota. and specially, TO GRANT TO THE SAID KING A SUBSIDY FOR CERTAIN YEARS, TO THE OPPRESSING OF [Page 81] His People overmuch. That although the Lands and Tenements, Goods and Chattels of every Freeman, by the Laws of the Realm used in all former ages past, ought not to be seized, unless they had forfeited; Yet notwithstanding, the said King purposing & endeavouring to enervate these Laws, in the presence of very many of the Lords and Commons of this Realm frequently said and affirmed, That the Life, Lands, Tenements, Goods and Chattles of every one of his Subjects, are at his will and pleasure, without any Forfeiture (by the known Laws) which is altogether contrary to the Laws & customs of the Realm aforesaid. Whether all these high Misdemeanors charged against King Richard, have not been revived, and acted over and over both by words and deeds in a farre higher degree than ever he was guilty of them, by some late, present Whitehall Grandees, Army-Officers, New Instrument-makers, Legitors, and Imposers of Excises, Customs, Imposts, Tonnage, Poundage, Contributions for many years yet to come; and of that constant Annual Revenue projected, intended by them in their 27 Article: I remit to their own judgements, consciences, and our whole Kingdom to resolve, and what they demerit for such extravagant high offences, for which he lost Crown and Regal power, let others determine.
The 3. particular, is their late incumbent Imposition of 6. Moneths new Contribution, by a meer Self-enacted Whitchall Jurisdiction, without any consent, grant, in or by the People in Parliament, by that they intitle, An Ordinance of the 8. of [...]une 1654. beginning thus (in a most imperial Stile, transcending all former Acts of Parliament, granting or imposing any Subsidies) without any Prologue to sweeten it, or court the people to its ready payment.
Be it Ordained and Enacted by his Highness the Lord Protector▪ with the consent of his Council, and it is hereby Ordained, That towards the maintenance of the Armies and Navies of this Commonwealth An Assessement of one Hundred and Twenty Thousand Pounds [Page 82] per Mensem for Three Monethe, commencing the 24 of Iune, 1654 and ending the 29 of Sept. following, shall be Taxed, Levied, Collected and Paid in England and Wales in such sort as is hereafter expressed. The full sum of the said Three Months Assessment of One hundred and twenty thousand pounds by the Month, to be at once wholly collected and paid in to the Receivers Generall at or before the tenth day of October next, &c. The Levying thereof upon the refusers hath been by distress of Goods by Souldiers, Troopers, and quartering them on the refusers till payment, and double the value many times paid to, and exacted by the Souldiers for their pains; adjudged (even by some of our New Grandees Votes who prescribe such Taxes and wayes of levying them) to be No less then High Treason, and levying Warre in See Mr. St. Johns Argument at his Attainder. p. 36. to 52. Straffords case, for which principally he was condemned, and lost his head on Tower Hill, as a Traytor.
In this New Whitehall Tax without a Parliament (intended as a leading President to bind the whole Nation in perpetuity, if now submitted to, as the 27 Article intimates) there is a double violation, subversion of the Fundamental Laws and Properties of the Nation in the Highest degree. The first, is by the reviving, imposing ofSee Judge Crooks, & Judg Huttons printed Arguments, & my Humble Remonstrance against the Illegal Tax of Shipmony. Ship-mony on the whole Realm, and all Inland Counties, as well as Maritine, for the Maintenance of the Navies by Sea, (which should be maintained only by the Customs) and that in a farre higher proportion than the Shipmony imposed by Writs by our late beheaded King; amounting to no less than Forty thousand pounds per Mensem at last, by way of Contribution alone, besides the Customs, Tonnage, Poundage and Excise paid towards it.
This Imposition of Shipmony, by the late King, (though ratified with the advise and consent of his Council, many colourable Presidents, Records in all former ages, and the precedent Resolution of all his Iudges, under their hands, as just, and legally imposed in case of Necessity and Publike danger only, without consent in [Page 83] Parliament) together with the Iudgement and Proceedings of the Iudges in the Eschequer Chamber in justification thereof, were in the last Parliament, after solemne debate, by thePrinted at the end of Judge Huttoes A [...]gument, & amongst the sta [...]utes of 16 Caroli. Votes and Iudgements of both Houses, on the 20. Ian. and 26 February, resolved (Nemine contradicent [...]) To be contrary to the Laws and Statutes of this Realm, contrary to the Rights and Properties of the Subjects of this Realm, contrary to former Iudgements in Parliament, contrary to the great Charter and to the Petition of Right: and voted to be so declared by the Iudges at the Assizes in the severall Counties; the same to be entred and inrolled in the severall Counties by the Clerks of the Assises. After which, it was for ever damned by a special Act of Parliament, to which the King himself gave his Royal assent, (afterwards cited and enforced by both Houses. Exact Collection p. 886. 887. in the case of the Array.) And those Iudges who argued, That the King might lawfully impose Shipmony on the Subjects, without a Parliament in cases of Danger and Necessity, of which they affirmed him to be the sole Iudge; were by all impeached by the House of Commons of High Treason, for these Opinions of theirs; whereby they trayterously and wickedly endeavoured to subvert The Fundamental Laws and established Government of the Realm of England, and instead thereof to set up an Arbitrary and Tyrannical Government against Law; of which at largeChap 1. p. Diurnal Occurences & Speeches, p. 191. to 265. before. How any present Powers or Persons then, can either impose, justify, levy, enforce it upon any Pretext of Necessity, or publique Danger, on the whole Nation, after all these late Resolutions, Iudgements, Votes, Impeachments, and a special Act of Parliament so fresh in memory (especially such who were parties to them) without incurring the self-same Impeachments and guilt, as these Shipmony Iudges did, or a severer Censure then they sustained, let their own Conscsences, and those who may on [...] day prove their Iudges, resolve them at leasure, being past my skill to doe it?
[Page 84] The 2. is, By the imposing of a direct heavy Tax, Tallage, and Monthly contr [...]bution, and that only (for the Maintenance of such a Land Army, which hath offered force unto the Members of both Houses, subverted, destroyed that Parliament, Government, Laws, Libertie, for whose preservation they were specially raised, Commissioned, engaged) without, yea against the Peoples assent in Parliament: which no King of England, with the advice and consent of his Council, had ever any Right or Power to doe, or audacity enough to attempt, no not William the Conqueror, C [...]nute, Henry the 4th. Edward the 4th. or Henry the 7th, who came principally by power of the Sword, to their Soveraign Regall Authorities. By what Justice, Power, Legal Right, any other person or persons whatsoever, who are neither rightfull Kings, nor Parliaments of England in their own or others repute, can either impose, levy, exact such extravagant Heavy Taxes, Contributions, from the exhausted Free-born People of England, (especially being now pretended new Free State,) against all our Fundamental Lawes, Statutes, Franchises, Charters, Properties, Liberties, Records, Parliamentary Iudgements, their own late Remonstrances, Declarations, Votes, the Presidents of all former ages, yea of all our Kings coming in by the Sword to their Thrones, let the Imposers of them seriously advise, as they will answer it at their utmost peril to God, Men, and the whole English Nation; who expected better things from them, even a total final exemption from all such illegal Burthens, after all their late Wars, Agonies, Expences, to redeem and preserve their Lawes, Liberties, Estates, Properties, Posterities, from such exorbitant Oppressions, diametrically contrary to all the forecited Iudgements. Resolutions, Remonstrances, Statutes, Votes, Presidents, and sundry others, which I shall hereafter insist on in the third Chapter of this Treatise to which I must refer you: And shall we not then adventure a distresse, [Page 85] a Prison, quartering upon, or any other Duresse, yea Death it self, rather than volutarily submit our selves and Posterities backs thereto, when as we spend our Bloods, Lives, Treasures, against lesser, easier, Royal Impositions? How shall we answer it to God, Men, or our enslaved Posterities, if we now most safely, unworthily submit thereto in perpe [...]uity, without the least legal, strenuous, publick oppression or debate of its legality.
If any here allege (as some men do) in Iustification of these three,Objection. (or rather four) forecited kinds of illegal universal Taxes, imposed, levied, on the whole Nation, without consent of Parliament; That they are all warranted by the Instrument of the new Gevernment, Article 27, 28, 29. That a constant yearly revenue shall be raised, setled and established, for maintaining Ten Thousand Horse and Dragoons, and Twenty Thousand Foot in England, Scotland, and Ireland for the Defence and security thereof, and also for a convenient number of Ships for guarding the Seas, besides two hundred thousand pounds per annum, for defraying other necessary charges, for Administration of Iustice, and other expences of the Government, which Revenue shall be raised by the Customes, and such other ways and means which shall be agreed u [...]o [...]. By the Lord Protector and Council; and shall not be taken away, or diminished, nor the way agreed upon for the raising of the same altered, but by consent of the Lord Protector and the Parliament. That the said yearly Revenue shall be paid into the publick Treasury, and issued out for the uses aforesaid. That in case there shall not because hereafter to keep up so great a Defence at Land or Sea, but that there be an abatement made thereof; The Mony which shall be saved thereby, shall remain in banke for the Publick service, &c. All which they, in the True state of the Case of the Commonwealth, p. 43, 44, commend, for a most excellent Provision, A co [...]stant Revenue, A Publike Bank or Treasury upon all occasions, &c. which they intend [Page 86] to perpetuate on the whole Kingdom, without end or abatement, as well in times of peace, safety, as of war and danger. Therefore the Protector and his Counsell at Whitehall in pursuance hereof, may lawfully impose (by vertue of these Articles) both Excise, Customs, Tonnage, Poundage, Ship-money and contributions, for these ends upon our three whole Kingdoms and all the Freeborn English by printed Ordinances of their own, in what Proportions, and for what time they please (yea and for perpetuity) without consent or grant in Parliaments, and restrain all future Parliaments, both from taking away, or diminishing them, or altering the way agreed on for their raising, without their Protectors consent thereto; (as the expresse words run, and their practise yet expounds them:) notwithstanding all former Laws, Statutes, Charters, Resolutions, Iudgements, Remonstrances, Oathes, Vowes, Declarations, Presidents) either in or out of Parliament) to the contrary.
To this I answer,Answer. first, that I cannot but stand amazed to hear any Army-Officers, Souldiers, Lawyers, or persons in present trust or power, who bear the name or hearts of English Freemen, Saints, Christians, Lovers, Patriots or Protectors of their Native Country of England, its Parliaments, Laws, and Liberties, to make such a stupendious irrational objection, as this, which justifies all the exorbitant Opinions, Proceedings, Taxes, Oppressions, Impositions, of our late beheaded King, Strafford, Canterbury, the Ship-money Iudges, old Whitehall Council Table, yea all our other former Kings, and their evil Counsellors most irregular Exaction of mony in all ages from Brute till now; and will render the very worst of all our Kings, if compared with our late and present Tax-masters, and pretended Assertors of our Liberties, rather good, gracious, just, righteous, Princes, Benefactors, than Tyrants or Oppressors, for the future, seeing they never out of Parliament imposed, enforced on their subjects any such heavy, various, perpetual Taxes, Imposts, Excises, Ordinances, or new Articles of the [Page 87] Government [...], as these forecited.
2ly. This Objection (if admitted just or solid) gives a private Cabinet [...]uncto, of obscure persons (yet unknown by name unto our Nation) a Superlative, Super-Parliamentall Authority, to contrive and set on foot, a new devised Instrument, to undermine and blow up all our former fundamental Laws, Customs, great Charters, Liberties, Franchises, Properties, Parliaments, former frame of Government at one crake, after all our late bloody, costly contestations for their preservation, both in the Supream Courts of Publick Iustice, and fields of War, without our privities or consents thereto, either in or out of Parliament, contrary to all their and our Protestations, Oathes, Covenants, Commissions, Trusts, Promises, Pretences; And instead of English Freemen (as we were before these contests and wars) to strip us quite naked of all our former Freedoms, Liberties, Properties, Customs, Rights, derived to us from our Noble Ancestors, as the purchas of their dearest blood & render us & our Posterities for the future, the most absolute Issachars, Vassals, slaves under Heaven, inthralled to all sorts of intollerable, illegal, unpresidented, incessant, endlesse Taxes of all kinds, without hopes of alteration or mitigation by any future Parliaments, (without their Protectors or his Successors voluntary consents, which they cannot expect) and to a constant standing Mercenary Army of Horse and Foot, by Land, and Navies of Hirelings by Sea, to keep us and ours in perpetual Bondage under such New irregular Successive Tax-Masters; who must elect their successors like themselves.
3ly. All our former antient Laws, Statutes, Parliaments till now, in all changes, Revolutions of State or Government, ever constantly asserted, maintained, provided, See p. 12 to 20 before the 1 Proposition, and Statutes, Arguments thereunto: specially 23 E. 1. c. 5. 6. 34. E. 1. c. 1, 2, 3. 14 E. 3. c. 21, and Stat. 2. c. 1. 3 Caroli The Petition of Right. That no Tax, Tallage, Custom, Contribution, Impost, Subsidy, Charge, Excise, Loan or Payment whatsoever, should be imposed on the Freemen of England, without their common consent and grant, in full, free, lawfull English Parliaments; and if any were imposed otherwise [Page 88] by any Power or Pretext whatsoever out of Parliament, that it was Null, and void to all intents, to bind the people. But these Monstrous Articles quite turn the scales; impowring a few private persons (neither elected nor intru [...]ted by the people for such ends) by colour of this ill tuned Instrument (contrived privatly by themselves alone, as most conjecture, for their own self-interests) to impose perpetuall Imposts, Excises, Customes, Contributions of all kinds, on our whole three Kingdoms and Nations, which neither they, nor their Parliaments (though never so grievous, extravagant, unreasonable or oppressive) shall have power to take away, diminish, alter, or regulate in the forecited illegall, oppressing, violent wayes of levying them, unless their Grand Soveraign Lord Protector, shall first give his consent thereto; (which they cannot expect, nor enforce,) and in cale of his refusall, they are utterly left remediless; he having Thirty thousand armed Mercenary Horse and Foot in severall Quarters by Land, and a strong numerous. Navy by Sea at his command, to keep them under endless Tributes to him and his Successors for ever. O England, England, (to omit Scotland and Ireland) consider seriously, and timely, to what a blessed Liberty, and long-expected freedome, this New invented Instrument and the Irish Harp, lately quartered with the English bloody Cross, as our Free-State Arms, hath now at last reduced thee, if these objected Articles must remain inviolable, maugre all our Laws, Statutes, &c. to the contrary; as our New Tax-masters and their Instruments, both literally and practically conclude, unlesse you use your uttermost, lawfull, present, diligent, joynt Endeavours to prevent it [...]
4ly, The whole House of Commons, yea some who were parties to this Instrument, lately impeached and with the Lords [...]ouse, by judgement of Parliament condemned, beheaded theSee their Impeachments & printed trials, & Mr. St. Johns Argument at Law against Strafford, p. 34, 35. Earl of Strafford, and Archbishop of Canterbury, as guilty of High Treason; in subverting our Fundamental Lawes, Liberties, and setting up an [Page 89] arbitrary Tyrannical Government; for resolving at the Councel Table, before-hand, To assist the King to raise Monies on the Subjects to carry on the Warres against the Scots, by extraordinary wayes, in case the Parliament should prove peevish, and refuse to grant such Subsidies as they demanded of them. And for Straffords affirming, That Ireland was a Conquered Nation, and that the King might do with them what he pleased: That they were a Conquered Nation, and were to expect Lawes as from a Conqueror. And that he would make an Act of Councel board in that Kingdom of Ireland, as binding as an Act of Parliament. And do not the Objectors, Contrivers of this New Instrument Articles, and those who now vigorously put it in execution in any kind (as too many do;) speak out, and do as much, as bad, as they in each of these particulars; nay farre more and worse? Do not they (after the late violent breaches of our former Parliaments, and their own Junctoes by the Army) raise monies in more vast proportions, by more irregular, violent, extraordinary wayes, by longer continued Taxes, Excises, Impositions, and constant yearly Revenues, then they ever did or designed, quite out of Parliament, by their own arrogated Legislative Tax-imposing Power? Do not they by this very Instrument, proclaim to all the world, that not only Ireland and Scotland, but England it self, is now a meer Conquered Nation? that thereupon they may do with us what th [...]y please; and we must not only expect, but receive Lawes from them as Conquerors; having already published whole Volumes of New-Laws and Ordinances of all sorts at their New-erected Councel board (which the Old never did) and made them as binding, not only to Ireland, but England and Scotland too, as an Act of Parliament? yea farre more binding than any Parliament Acts, by binding the hands, power of future Parliaments themselves, and our three whole Nations (as aforesaid) and that in Perpetuity (which no Cook 4 Inst. p. 42. 11 R. 2. c. 4. 1 H. 4. rot, Parl. n. 143. 2 H. 4. c. 22. 21 R. 2. c. 4, 5, 6. 1 H. 4. c 7. rot. Parl. n 48. 60. 68. Parliaments, nor Acts of Parliament can do) and by repealing, nulling all our [Page 90] former Fundamental Laws, Charters, Liberties, Free Government made by Parliaments, with our very Parliaments themselves? And if so, let the Objectors now seriously consider both the Treasonableness, unparliamentalness, sad Consequences of this Objection, and what ill effects it may produce in present or future ages.
5ly, The Statutes of 25 E. 1. c. 2. & 42 E. 3. c: 2. yet in force, declare All judgements given or to be given by the Justices, or any other, contrary to the points of the Great Charter, to See Sir Edw. Cooks Preface to his 2. Institutes. be void and holden for Nought: and if any Statute be made to the contrary, it shall be holden for none. Therefore these Instrument Articles, and Paper Ordinances made by colour of them, in direct opposition to, and subversion of the points of the Great Charter, and all other Acts for their confirmation, must needs be holden for nought and void to all intents, to bind this whole Free-born Nation, or any one Freeman of England in particular.
6. If these Articles and Instrument (for the premised reasons, and defect of Legal power in the yet unknown Instrument-makers) be not void in Law, to all intents and purposes, as all wise men repute them; yet other clauses, and Articles of this very Instrument, (admit it valid and obligatory to our Nations) give a fatal blow to all the forementioned Excises, Impositions, Contributions by colour thereof, and to the Objected Articles.
First the Prologue to the Oath, at the close thereof, proclaims the Government setled by it, to be such, as by the blessing of God might be lasting, secure Property, and answer The Great Ends of Religion and Libertie, so long Contended for: But these Articles (as the Objection and premises evidence) do no wayes secure, but utterly subvert all Property, in the highest degree; and answer not, but eternally frustrate, abolish, the Great ends of our Religion (condemning all illegal, unrighteous Taxes and Jer. 21. 12. c. 22. 3, 4, 5. Ps. 12. 5 Ezech. 18. 5. to 14. c. 22. 12, 13, 27, 29, 30. c. 45. 7. to 10. c. 46. 18. Mich. 3. 1. to 5. c. 2. 1, 2, 3. c. 7. 2. Isa 58. 6. Tyrannical, Usurping, Oppressing arbitrary Powers) but especially of our Liberties, so long contended [Page 91] for; and are rather likely to raise new troubles and unsettlements, than make the Government lasting (as many late Presidents, with those ancient ones in Dr. Beard his Theatre of Gods Judgements, l. 2. c. 36. to 42. may perswade us:) Therefore it must be exploded, as repugnant to the whole scope of the Instrument.
2. The 6. Article of it is fatall and destructive to the objected Articles; viz: That the Laws shall not be altered, suspended, abrogated, or repealed, nor any New Law made, Nor any Tax, Charge, or Imposition laid upon the People, but by common consent in Parliament. Save Only, as is expressed in the 30th Article (not 27.) Now these objected 27, 28, 29 Articles, being diametrically contrary to every word, clause of this 6 Article, and agreeable to our Fundamental Laws (which the last clause of the Oath obligeth their Protector and his Successors to maintain, and to govern the People by) which Laws must be allSee True, &c. p. 17, 18. altered, suspended, abrogated, repealed by these Articles alone, if reputed valid; in giving Power to them, to impose any Tax, Charge, Imposition upon the People, without common consent in Parliament; and being not within the saving of this, or the 30th Article, must needs be void and repealed by this very sixt Article, and the Oath it self.
3. The 30th Article following them, diametrically contradicts, repeals them in these words. That the raising of Money for defraying the charges of present extraordinary Forces both by Land and Sea, in respect of the present warrs, shall be by consent of Parliament: Save only, that the Lord Protector, with the consent of the Major part of the Councel, for preventing the disorders and dangers which may otherwise fall out both at Sea and Land, shall have power until the Meeting of the first Parliament (on the 3. September 1654.) to raise Monies for the purposes aforesaid. The former part of this Article is consonant to, and expounded by the 6. forecited, which is more generall: and the plain sense thereof is this. That all monies raised for defraying the [Page 92] Extraordinary Forces both by Land and Sea (exceeding the antient standing Garrisons, Guards maintained by the old constant Revenues of the Crown, without any Tax upon the People) shall be by consent of parliament. Therefore a fortiori; all perpetual standing Taxes, Excises, Contributions to maintain the ordinary and extraordinary Forces by Land or Sea, and ordinary expences of the Government (which, in respect of their constancy, permanency, are far more grievous, dangerous to the Subject than rare extraordinary ones upon emergent occasions) must and ought not to be imposed by their new created Power out of Parliament, after the 3 of September.
It any here object;Objection. That the latter clause of the 30 Article Save only, &c. Authorized those at Whitehall, without a Parliament, to impose Excises, Taxes, Customs, (Impositions, Contributions forementioned, and any other constant annual Revenue they shall settle, according to the 27 Article; so as it be done before September 3. 1654. Therefore they are all lawfull, because imposed before that time by their printed Ordinances forecited.
I Answer,Answer. 1. That this saving, is utterly void in law, to all intents, 1. Because it is not only contrary to all our Fundamental Laws, Great Charters, Statutes, but repugnant to the body of the 6 Article, and first part of the 30▪ to which it is annexed. 2. Because it assigns the Legislative Tax-imposing Power (the inseparable incommunicable Iurisdiction of our Parliaments alone) to a new Whitehall Councel, by a void instrument made out of Parliament for a certain time, which biggest Soveraign power, the Parliament it self neither legally may, nor can, nor ought to transfer by any Ordinance or. Act of Parliament to any Committee of their own Members, no not for a moment, as is both resolved and declared by Act of Parliament. 1 H. 4. c. 3. and Rot. Parl. 1 H. 4. n. 26, 48, 6 6, 70. 31 H. 8. c. 8. 34 H. 8. c. 23. and 1. E. 6. c. 12. it being derogatory and destructive [Page 93] to the free State power, Rights of Parliaments, tending to the great incommodity of the whole Realm, and of pernicious example to Posterity, as the whole Parliament of 1. H. 4 long since resolved in positive termes.
2ly. This saving is just like the Popes oldMath. Paris Hist. Angliae London. 1640. p. 810. 818, 854 875. Detestable Non Obstante, at the close of their Bulls; quae omnem subvertit praehabitam Justitiam, which subverted all the Justice and Privileges granted before to any in the Body of those Bulls; and as pernicious as thatSee M [...]. Sr. Johns Speech against the ship-money Judges, p. 16, 17▪ 18, 19. Exact. Collect. p. 885. Proviso, which the House of Lords desired at first, to have inserted into the Petition of Right, which would have made it Felo de se, because it insinuated that the King by his Soveraign power where with the Law had intrusted him, for the protection, safety, and happinesse of his People might impose any Aid, Tax, Tallage, or charge upon his People without a Parliament, though by his ordinary power he could not do it. which had left the Subjects in worse case than it found them, and wholly destructive to it self in all the parts thereof: whereupon after a conference had concerning it by the Commons, it was totally rejected by both Houses; as this Salvo must be for the self same reason.
3ly. Admit it valid; yet it gives power to them to raise moneys for the maintenance by Land and Sea, only until September 3. 1654. and no longer; as is evident by the very words themselves; and the Confession, Exposition, (of those who made the Instrument, as most suppose) in their, True State of the Case of the Commonwealth of England, &c. 1654. p. 39. 40. in these words This power is to continue only til the sitting of the next Parliament. Yea George Smith in his new Treatise, intituled, Gods unchangeablenesse, &c. (in justification of the present Governour and Government) p. 54. writes thus; And for his seeking to have power to make Laws, and raise mon [...]ys, it is meer calumniation. He seeks it not, He claimes it not, but leaves it to the wisdom of Parliament, as appears in Artiole 6. (as is thus excepted) [Page 94] for and in Cases of safety and necessity, till the time that this present Parliament was assembled, and yet to be done by him with the advice of his Council, so then he seeks not the strength nor treasure of the Nation, nor to have it in his own power. Therefore they can impose no Taxes, Excises, nor Contributions by their printed Ordinances to continue after its beginning; nor by any future Ordinances (as they term them) after that time. Now the first Tax of Excise, forementioned, is imposed till the 26 of March 1655 which is 7 months after the 3 of September 1654. The 2 of Customs, Tonnage and Poundage, is continued til the 26 of March 1658, which is 3 years and 7 months after this 3 of September. And the 3 for the 6 Months Contribution reacheth till the 29 of December 1654, which is near full 4 Months after the first sitting of that their next Parliament: And any constant yearly Revenue setled by them, will far exceed this limited time, and all former Taxes: Therefore all these premised, and all other future Excises, Customs, Impost, Contributions by pretended Ordinances for their levying after the 3 of September, exceeding the power and time limited by this Saving, must be void, and no ways warranted by the very Saving it self, and to be opposed as such.
4ly. To say, That although these several impositions continue after the 3 of September 1654, yet they were imposed by their Printed Ordinances before it; therefore within this Saving is a most absurd excuse and shift, repugnant to the words, yea wholly destructive to the 6 Article, and first part of the 30, For by this reason had their forecited Ordinances (or any other dormant or future Antedated ones yet unpublished) imposed Excises, Customs, Tonnage, Poundage, Contributions on us for twenty, fifty, an hundred, or a thousand years yet to come, before the 3. of September, they must have been binding to us and our Posterities, during all that space, and unavoidable by the people, or future Parliaments, by this Saving and exposition of it. But the words of [Page 95] this Saving, giving only Power to raise Monies until the Méeting of the first Parliament; not to make New Edicts any time before it to impose and continue Taxes for any time or years after it, (which would have forestalled, affronted the next and all future Parliaments in their proper work, of granting, regulating all future Taxes (according to the 6. and 30. Articles) and made them meer Cyphers:) clearly takes away this evasion; with all their former and future Whitehall Impositions after the 3 of September; as contrary both to their Instrument and Oath.
5ly, The words of the 30th Article whereto this Saving refers, are observable, That they shall have power until the meeting of the first Parliament, to raise Monies for defraying the Charges of the Extraordinary Forces both at Land and Sea, In respect of the present Wars: To which, for the purposes aforesaid, in the Saving relates. But the present Warres being many Moneths since ended, both by Land and Sea, by the Peace concluded with Forreign Nations: and so no need, nor use of Extraordinary Forces to be still continued by Land or Sea; the ancient Trayned Bands and Militia of the Realm, being now well able to defend, secure us at their owne cost, without any Mercenary Forces, Excises or Contributions, only to pay them; the power of raising Monies in this Saving, with the grounds thereof, are now at an end, as well as our Warrs; and the whole 27 Article too: Since the old standing Militia, and Trayned Bands of the 3. Nations, will be a sufficient Safeguard to them, without our Mercenary Army or Forces; which See Heylyns Microcosme. p. 756, 757, 758, 395, 412. 507. 577. 578. 642. 672. 704. usually prove Treacherous Supplanters, Usurpers; Oppressors to all who rely [...] them; whereupon our prudent Ancesters, since [...]gernes usurpation,Exact Coll. p. 7. 575. 639, 640, 641. 807. 836. 850. to 890. intrusted their Militia and Defence of the Realm, only in the hands of the Nobility, Gentry, Freeholders, and persons of best ability and estates, not in Mercenary Armies (which supplanted the Britons:) And our Warres now ceasing, the antient Revenues, Lands, Customes of the Crowne, [Page 96] and Perquisits of the Courts of Justice, will be sufficient to defray all the Ordinary expences of the Government, Navy, old standing Garrisons, (if continued, though useless) Officers of State and Justice, as they did in See the Act of Resumption, 28 [...]. 6. 11. 53. all former ages, and still ought to do, for the peoples ease and benefit.
6ly, It hath been the special policy, care of our prudent Fore-fathers and wise See Cooks 4 Inst [...]t. c. 1. p. 33. Regal Taxes, & here ch. 3. sect. 4, 5, 6. Parliaments, never to grant any annual Tax or Charge (except Tonnage [...]and Poundage in some cases for a limited time) for Publike Defence, unto their Kings and Governours; nor usually to give them above Subsidy, or one or two Fifteens, or a single Escuage, and sometimes not so much, in any one Parliament, upon any extraordinary occasion or necessity, and that upon these Grounds. 1. BecauseSee 14 E. 3. c. 21. & stat. 2. c. 1. 5. R. 2. stat. 2. c. 2, 3, & all Acts for [...]. extraordinary Aydes, ought to be granted only for, and proportioned to extraordinary, present, emergent Necessities, visibly appearing; which being not lasting, but momentany and various one from another, no standing certain Contribution can or ought to be allotted for them, but only a temporary and mutable; the ordinary setled Crown Revenues being sufficient to defray all ordinary expences, without other Aydes. 2ly, To keep a perpetual tye upon their Kings and Governours, to summon frequent Parliaments, and redre [...]s all their Grievances in them, before they should receive any Grant of new Ayds or Subsidies from them, to supply their publique Necessities; to preserve a Power and Right in Parliaments to examine the grounds and present necessity of all Taxes demanded: and toSee Henry de Knyghton, de Eventibus Angliae, l. 5. col. 2681. to 2690. 2 R. 2. rot. Parl. n. 20, 21, 24. take an Accompt how former Taxes, & the Kings Revenues had been disbursed, before they granted new ones: All which the granting of standing annual Aydes for publique Defence would frust [...]e. 3ly, To prevent the encroaching of a constant Charge and Revenue on the People, which if granted but for years, life; or but twice or thrice in the same kind and proportion, without alteration, though but as a free gift in Parliament, would thereupon be claimed, exacted from them afterwards, as [Page 97] a meer just annual Right and Revenue, without their future grants, as Danegeld, was by some of our Kings of old; Imposts once granted, by Edward the 3. and other Kings heretofore; and the Customes of Tonnage & Poundage by King Charles of late. 4ly, To avoid all unjust Oppressions of the people by imposing on them more Taxes at once than the present urgent necessities required. 5ly, To prevent the inhaunsing, doubling of Taxes by any new dangerous Presidents; Sir Edward Co [...]k observes in his 4 Institutes, p. 33. That the Commons never used to give above one Temporary Subsidie, and two Fifteens, in any one Parliament, and sometimes less; till the Parliament of 31 Eliz. which gave 2. Subsidies, and 4 Fifteens; upon which first breach of this old circle and usage, their Taxes still increased afterwards by degrees; for in 35, & 39 Eliz. they rose to 3. Subsidies, and 6 Fifteens: in 43 Eliz. to 4 Subsidies and 8 Fifteens: in 21 Jacobi to 3 Subsidies, and 6 Fifteens, in shorter time then had been before: in 3 Caroli, to 5 Subsidies in shortest time of all: and now of late, to constant annual Imposts, Excises, & endless Monethly Contributions, amounting to at least 3 Subsidies every Moneth. 6ly, Because a standing extraordinary Tax (especially for years or life) when once claimed or received as part of the publique Revenue, would be hardly relinquished, or discontinued, without much contest, and danger; as appears by Danegeld of old, and Tonnage, Poundage, Excise, Monthly Contributions of late imposed as of right upon us, by every new upstart Power; and when once customarily claimed, collected as a Duty, will no ways ease nor exempt the people from new Extraordinary Aydes and Taxes. This is evident by that memorable President concerning Abby-Lands, in King Henry the 8 his reign, setled on him as a large annuall standing Revenue, of purpose to defend the Realm, and ease the People from all future Aydes, by the Parliaments of 27 H. 8. c. 28. 31 H. 8. c. 13. 32 H. 8. c. 14. Yet were these Lands no sooner setled on the Crown for these ends, but in the same Parliament of 32 H. 8. the [Page 98] King demanded and [...]ad of his Subjects, one extraordinary Subsidy both of the Clergy and Laity; and 34 H 8. c. 16, 17. & 37 H. 8. c. 24. he demanded and had the like Subsidy of them again: and his Successors the like and greater Subsidies every Parliament since. The like we see in the Case of Tonnage and Poundage, granted only for the Defence of the Seas and Realm against Forraign Enemies & Pirates: Which no sooner taken by the late King, as a standing Revenue of the Crown, but he exacted and levied against Law, a New annual Tax of Shipmony, to guard the Seas, for which very use he received Tonnage, Poundage, and the ancient Customes; as our late Governors did, and present do; together with new Imposts and Excises; and yet impose Land rates of Forty thousand pounds a Month besides, to Maintain the Navy. To instance in one particular more: Our late new Governours made sale of all Archbishops, Bishops, Deanes, Chapters, Delinquents, Kings, Queens, Princes, and Sequestred Lands and Goods, both in England, Scotland, and Ireland, one after another; under pretext, to ease the People in, and of their heavy Taxes: But what was the issue? all their Taxes, Excises, and other Impositions were still continuep on them, without any intermission or diminution, nay advanced higher than ever, to 120 thousand pounds Contribution by the Month for England, besides Scotland and Ireland, even whiles all these Lands and Goods were selling; the Lands and Goods sold, consumed, without any publique Accompt yet given of the Monies, or their disposall; or any present ease to the oppressed people: and the ordinary standing Revenues of the Realm being now by this meanes decayed, dissipated, and almost brought to nothing; these New Projectors and Dissipators of this vast publique Revenue; instead of easing, by colour of this Instrument, resolve to impose upon the undone, long-oppressed Peoples gauled, broken backs and Estates, such perpetual constant, annual Taxes, Excises, Imposts, Revenues as you have heard, for the Maintenance both of the Army, Navy, Administration of Justice, [Page 99] and other ordinary expences of the Government; which no Kings of England ever yet received, or pretended to. Which if any future Parliaments shall be so mad, or improvident once to settle, or the Kingdom not unanimously to oppugne; if setled by them without a Parliament, instead of easing of the People of their long insupportable Taxes, now their wars are ended; in all succeeding Parliaments, they shall still be burthened with new extraordinary Taxes, upon new pretended extraordinary occasions, and Forces raised (as the words of the 30 Article, compared with the 27 and 29, declare) as if this new constant revenue had never been setled; and if our Parliaments refuse to grant them, these New Projecting Tax-Masters (who must dispose of all the moneys in the intervals of Parliaments) will impose and levy them at their pleasure, by their Supertranscendent usurped Tyrannical Power and Sword men, and dispose of them as they please without a Parliament, as they have already done, without rendring any other publick Accompt to the people thereof, than hath hitherto been given to them of all the many millions of Treasure already extorted from them of late years, to no other end (as appears by these Articles of our New Government) but now at last, to bring and keep them under perpetual endlesse Taxes of all sorts, and the intollerable, worse than Turkish Slavery of a perpetual domineering Mercenary Army, Navy, instead of long promised Liberty, ease and exemption from them, till they are all brought to a morsel of bread, and till their private estates be utterly consumed, as well as the publick Crown and Church Revenues, yet remaining.
The lad and serious consideration of all which Premises, I humbly submit to the Impartial Iudgements, Consciences of our present Governours, Army Officers, Souldiers themselves, how discrepant they are from all their former printed Deolarations; Protestations, Promises, Vowes, Engagements to the People, and what they expected from them; It was the Speech of the Scythian [Page 100] Embassadours, to Alexander the Grand Conquerour of the world,Q [...]. Curtius, Hist. l. 7. p. 831. Nec Servire ulli possumus, nec regnare desideramus. Si Deus es, tribuere mortalibus b [...]nificia debes, non sua eripere, sic Homo [...]es, id qu [...]d es semper esse te cogita, Stultum est eorum memintsse propter quae tui oblivisceris: Let it be all Heroick English Freemens to our pretended Conquerors; who may do well to remember that Hermolaus and other Officers, and Souldiers of Alexanders own Guard, conspired his destruction, after all his Persian Conquests, for this very reason, which they justified to his face,Qu. Curtius, Hist. l. 8. Quia non ut ingenuis imperare caepisti, Sed quati in mancipia dominaris; because he had begun not to raign over them as Freemen, but to domineer over them like Slaves; and because Revelaetions in this age, may be more prevalent with some Men than Gods own Oracles, or our Lawes; I shall inform our Tax-imposing Governours; that St. Bridget of Sweden in the 8 Book of her Printed at Nu [...]mbergh, 1521. Revelations of the Heavenly Emperour unto Kings, cap. 6 records; That she had this Revelation from the Son of God, That Kings and Governours ought to love the People and Commonalty of their Realms: That they then shew they truly love them, when they permit them to enjoy their approved Laws and Liberties; when cruel Exactors and Collectors domineer not over them; if they burthen them not with new Inventions of Impost, Taxes, and Tributes, nor with grievous and unaccustomed Hospitality, Permanencies or Freequarter; For although for the resisting of Infidels they may humiliter petere auxilium a Populo; humbly request an aid from the People and Commons of their Realms (not imperiously impose it) when there is a necessity; yet let them beware quod necessitas illa non veniat in consuetudinem & legem, that the necessity comes not into a custom and law: See Revelationum l. 4. c. 104, 105. l. 7. c. 16. l. 8. c. 48. & Rev [...] lationes extravagantes. c. 73, 80. For that King (or Ruler) who layes not aside his unjust Exactions, and Fraudulent Inventions to raise monies, and oppresse his People, making his reigns and Kingdoms meer robberies and rapines, as most then did, and n [...]w too) let him know for [Page 101] certain he shall not prosper in his doings, but shall lead and end his life in grief, dismisse his Kingdoms in tribulations; his Son and Posterity shall be in such hatred, reproach and confusion, that all men shall wonder thereat; & his Soul shall be tormented by the Devils in Hell: which she manifests by theRevelationum l. 8. c. 48. example of an unjust Tax-imposing King, damned to Hell, and there tormented by the Devils: For that to retain the Kingdom to himself, and defend it from Invasions, he petended the antient Revenues of his Eschequer would not defray the Expences of the Government, and Realms defence; whereupon he devised certain new Inventions, and fraudulent Exactions of Imposts, Tributes, Taxes, and imposed them on his Kingdome, to the dammage of the Natives, and oppression of innocent Merchants and Strangers; although his conscience dictated to him, Quod ista erant contra Deum, et omnem Iustitiam, et Publicam Honestatem: that these things were against God, and all Iustice, and Common Honesty; as our forementioned Excises, Imposts, Taxes are now. Let those who are now guilty of this sinne in the highest degree, beware they incurre not the self-same temporal and infernal punishments, thus threatned to and inflicted upon others. And let our whole English Nation and their Trustees, upon serious consideration of all the premises, beware how they in any kind, through fear or cowardise, submit their necks or backs to the forementioned illegal Yokes and Burdens, of perpetual standing Excises, Imposts, Contributions, and Taxes, to enslave themselves and their Posterities for ever to an oppressing Military New Government, and perpetual Army: For which end I shall only recommend unto their meditation and practise, this observation and policy of our prudent Ancesters, Math: Paris Hist. Angl. p. 517. Binus actus inducit Consuetudinem; that a double generall submission to, and payment of such exorbitant illegal Taxes, will introduce a customary, future exaction and payment of them; which made them always (as we have greatest reason now to do) peremptorily to withstand the firs, to prevent a second customary, future exaction [Page 102] and payment in like kind; pursuing the Poet Ovids old sage Counsel, wherewith I shall conclude this point.
How transcendently all the other Fundamental Laws, Liberties, Rights of our English Freeborn Nation have by late and present Governours and their Instruments been infringed, subverted in an higher avowed degree than ever in former ages, by forcible tyrannical Proceedings of all kindes, in breaking open mens Houses, by armed Souldiers, and other unsworn illegal Officers, Excisemen, Sequestrators, both by day and night; seising their Persons, Horses, Armes, Papers, Writings; ransacking their Studies, Truncks, Cabinets, upon false surmises, suspicions; close imprisoning their persons (by multitudes) without, before any examination, particular accusation, hearing, trial, in unusual places; and some of them in remetest Isles, Garrisons under Souldiers: Their pressing of men for Land and Sea service, and carrying them away perforce by Soldiers, Troopers, Officers, Mariners, (like so many Prisoners) out of their own Counties and the Realm, to unnatural, unchristian Warrs, against their Wills and Consciences: Their disinheriting many Thousands of English Freemen of all sorts, of their Freeholds, Lands, Offices, Fra [...]chises, Honors, Authorities; spoyling them and theirs of theirs Goods, Chattles, Estates, Lives, in and by Arbitrary Committees, Martial, & other extravagant Courts of highest Injustice: Subverting, Changing our ancient Fundamental Lawes, Statutes, and enacting New without the Peoples free consents in Lawfull, English Parliaments: altering the whole Frame and Constitution of our Monarchy, Government, and Parliaments themselves: Depriving the people of the Free election of their Parliament Members, and other Elective Officers, contrary to our Lawes, Charters, Usages; securing, secluding the Members of Parliament themselves, by armed Force; dissolving Parliaments by the Sword alone, without Writ or legall [Page 103] power, contrary to Acts and Privileges of Parliament; by erecting New Legislative, Tax-imposing, Self-created Powers, (not elected by the People) at Whitehall and elsewhere, not to be paralleld in any age. By creating New-Treasons contrary to the old ones, and the Statute of 25 E. 3. and condemning, sequestring, imprisoning, executing English Peers and Freemen, only for their loyalty, Duty to their lawfull Soveraigns, and defence of the Rights, Privileges, Liberties, Laws of the Kingdom, Parliament, Nation, according to their Oathes, Protestations, League, Covenant, and Gods own Precepts, against the publique Enemies, Oppugners, Vnderminers, Subvertors of, and Conspirators against them. By making publick wars at Land and Sea with our Christian Protestant Brethren, and other Nations; and concluding Leagues, Truces without common consent or advice in Parliament. By alienating, selling, giving, squandring away the ancient Demesnes, Lands, Honours, Rents, Revenues, Rights, Inheritances of the Crown of England, (yea of Scotland and Ireland likewise) to Officers, Souldiers of the Army, and others, for pretended Arrears, Services, or inconsiderable values; which should defray all the constant ordinary Expences of the Government, publique, State Officers, Embassadours, Garrisons, Navy, Courts of the Kingdom, and ease the People from all kind of Taxes, Payments, Contributions whatsoever towards them (except in extraordinary emergent cases and necessities in times of war, requiring extraordinary expences for their publique safety supplied by Aydes and Subsidies granted only by common consent in Parliament only, and not otherwise) which now must be wholly, or for the greatest part defrayed by the People alone, out of their own exhausted private estates, by endlesse Taxes, Excises, Contributions (as appears by the 27, 28, 29, 30. Articles of their New ill sounding Instrument foreinsisted on) whiles others, without right or legal Title, enjoy the old standing Demesnes, Lands, Rents, Revenues and Perquisites of the Crown for their private advantage without any Acts of Resumption [Page 104] (See Mat. Pa [...]s p. 306. 308. Grafton, p. 90. 149. Daniel, p. 78, 79, 83, 123. 1 R. 2. Rot. Parl. to 148. 1 H. 4. n. 100. 6 H. 4. n. 14, 15. 8 H. 4. n. 52. 1 H. 5. c. 6. 28 H. 6. rot Parl. n. 53. 31 H. 6. c. 7. 33. H. 6. n. 47. 4 E. 4. n. 39. 12. E. 4. n. 6. usual in all former ages) to keep the Kingdom, Nation from becoming Bankrupts, and people from oppression) which should ease the people of those intollerable constant burthens lately laid upon them, against all Justice, Law, Conscience, and make insufferable wasts, and spoyles of the stately Houses, Timber, Wood [...], Mines, Forrests, Parkes of the Crown, without restraint, to the Kingdoms extraordinary prejudice; for which they ought to give an Account and make full reparations, if the Earl of Devonshires case, Cook 11 Reports f. 89▪ 90, 91 be Law. And by sundry other particulars (requiring whole Baronian volumes, to recite and specifie to the full;) is so well known by dayly experience, and multitude of Presidents fresh in memory, to our whole three Nations, that I shall here no further insist upon them. all which experimentally confirm the truth of our Saviours own words. Iohn 10, 1, 10. Verily, verily I say unto you, He that entreth not by the Do [...]r into the Sheepfold, but climbeth up some other way, the same is a Theef and a Robber; The Theef cometh not but steal and to kill, and to destroy, Whatever his pretences be to the contrary. And this rule of Johannes Angelius Wenderhagen: Politiae Synopticae, lib. 3. c. 9. sect. 11. p. 3. 10. Hinc Regulae loco notandum. Quod omne Regnum vi Armata acquisitum in effectis Subditos Semper in durior is Servatutis conditiones arripiat, licet a principio Dulcedinem prurientibus spirare videatur; (which we now find most true, by sad, sensible experience) Ide [...] cunctis hoc cavendum, Ne temere se seduci patiantur.