WHereas we your Majesties most humble Subjects, the Commons assembled in Parliament, See Prop. 1. & 6. in chap. 2. have received, first by Message, and since by Speech, from your Majestie, a Command of restraint, from debating in Parliament your Majesties Right of imposing upon your subjects goods ex­ported out of, or imported into this Realm, yet allowing us to examine the grievance of these Impositions, in regard of quantity, time, and other circumstances of disproportion thereto incident: We your said humble Subjects nothing doubting but that your Majestie had no intent by that command, to infringe THE ANCIENT AND FUNDAMENTAL RIGHTS OF THE LIBERTY OF PARLIAMENT, in point of exact discussing of all matters concerning them and their Posses­sions, Goods, and Rights whatsoever; which yet we cannot but conceive to be done in effect by this command, Do with all hum­ble duty make this Remonstrance to your Majestie.

First, We hold it an AN ANCIENT, GENERAL, and UNDOUBTED RIGHT OF PARLIAMENT, to debate [Page 13] freely all matters which do properly concern the Suject, and his Right or Estate: which freedom of debate being once fore-closed,Nota. THE ESSENCE OF THE LIBERTY OF PARLIAMENT IS WITHAL DISSOLVED.

Here the whole House of Commons, in a special Remon­strance to King James, (printed and published by Order of a Committee of the House of Commons for licensing of book [...], dated 20 Maii, 1641. 17 Caroli) declare, resolve, vindi­cate, and maintain, One principal, ancient, Fundamental, general, undoubted Right of the Liberty of Parliament, against the Kings intrenchment on it: Of which should they be but once fore-closed, the Essence of the Liberty of Parliament is withal dissolved.

And peradventure it may not be unworthy the most se­rious Disquisition of the next ensuing nominal or real Par­liament, to examine, whether some Clauses and Restrictions in the 9, 12, 14, 16, 17, 21, 22, 24, 25, 27, 30, 32, 33, 36, 37, 38, 39, 40 Articles (or Strings) of the New Instru­ment, intituled, The Government of the Commonwealth 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 Right and Liberty of Parliament, and Parliamentary free Debates, to the dissolution of the Essential Liberty of all future Parliaments, as this Command of King James did, or as the Bishops late Canons imposed on the Clergie in and by the Convocation, Anno 1640. ever did; and this Clause in their &c. Oath then made, (now imitated by others, who condemned it:) I A. B. do swear, that I will never give my consent TO ALTER THE GOVERN­MENT OF THIS CHURCH BY ARCH-BISHOPS, BISHOPS, DEANS, AND ARCH-DEACONS, &c. AS IT STANDS NOW ESTABLISHED, AND AS BY RIGHT IT OUGHT TO STAND:See Cant. Doom, p. 19, 26. 40. Diurn. Oc­currences, p. 13. Resolved by the whole house of Commons, and Peers too, without one dis­senting voice, in Parliament, Decemb. 1640. to be a most [Page 14] dangerous and illegal Oath, contrary to THE RIGHTS and PRIVILEDGES OF PARLIAMENT, and to the FUNDA­MENTAL LAWS & STATUTES OF THE REALM, &c. and OF DANGEROUS CONSEQUENCE. The con­triving whereof was objected to the late Arch-bishop of Canterbury, in his Original and Additional Articles of Im­peachment, to be HIGH TREASON; for which, amongst other things, he lost his head.

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

THe Policie and Constitution of this your Majesties King­dom,See Propos. 1. in chap. 2. appropriates unto the Kings of this Realm, with as­sent of Parliament, as well the Soveraign power of making Laws, as that of taxing or imposing upon the Subjects Goods or Merchandizes, wherein they have justly such a Property, as may not without their consent be altered or changed: this is the cause, that the People of this Kingdom, as they haveO how are they now degenera­ted! ever shewed themselves faithful and loving to their Kings, and ready to aid them in all their just occasions,Nota. with voluntary Contribu­tions: SO HAVE THEY BEEN And should they not be so now, then? EVER CAREFUL TO PRESERVE THEIR OWN LIBERTIES AND RIGHTS, WHEN ANY THING HATH BEEN DONE TO PREJUDICE OR IMPEACH THE SAME. And therefore when their Princes, either occasioned by War, or by their own bounty, or by any other Necessity, have without consent of Parliament set on Impositions, either within the Land, [...]r upon Commodities exported or imported by the Merchants, they have in open Parliament complained of it, in that it was done with­out their consents; AND THEREUPONAnd shall we now at last fail h [...]rein? NEVER FAI­LED TO OBTAIN A SPEEDY AND FULL RE­DRESS, without anyHowdare then any self created powers, who are neither Kings nor Parliam [...]n [...]s now arrogate to themselves, or exercise such a super-Regal ar­bitrary power & prerogative? Claim made by the Kings, of any Power or Prerogative in that point. And though THE LAW OF PROPERTY BE ORIGINAL, and carefully [Page 15] preserved by the Common Lawes of this Realm, WHICH ARE AS ANCIENT AS THE KINGDOM IT SELF; yet those famous Kings, for the better contentment and assu­rance of their loving Subjects, agreed, THAT THIS OLD FUNDAMENTAL RIGHT (observe the words) should be further declared, AND ESTABLISHED BY ACT OF PARLIAMENT, wherein it is provided, That no such Charge should ever be laid upon the People without their Com­mon consents, as may appear by sundry Records of former times.

We therefore your Majesties most humble Commons assem­bled in Parliament,Nota. And O that we would sol­low it now a­gain! 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 FAR MORE IN NUMBER THEN ANY YOUR NOBLE ANCESTORS DID EVER IN TIME OF WAR, do with all humility present this most just and necessary Petition unto your Majesty, THAT ALL IMPOSITIONS SET WITHOUT ASSENT IN PARLIAMENT, MAY BE QUITE ABOLISHED AND TAKEN AWAY. And that your Majesty likewise in imitation of your Royal PRO­GENITORS, will be pleased, that a Law in your time, and during this Session of Parliament, may be also made, to de­clare, THAT ALL IMPOSITIONS OF ANY KIND SET, OR TO BE SET UPON YOUR PEOPLE, THEIR GOODS OR MERCHANDIZES, SAVE ONLY BY COMMON CONSENT IN PARLIAMENT, ARE AND SHALL BE VOID; wherein your Majesty shall not only GIVE YOUR SUBJECTS GREAT SATIS­FACTION IN POINT OF THEIR RIGHT; but also bring exceeding joy and comfort to them who now suffer, partly through the abating of the price of Native Commodi­ties, and partly through the raising of all Forraign, to the overt [...] row of Merchants, and Shipping, the causing of ge­neral dearth, and decay of all wealth among your people, who [Page 16] will be thereby no less discouraged, then disabled to supply your Majesty when occasion shall require.

In which memorable Petition, the whole House of Com­mons resolve in direct terms: 1. That the Subjects of Eng­land have old original Fundamental Rights, (and more particularly in the Property of their goods, exempted from all Impositions whatsoever in times of Peace or War, without their common consent in Parliament) declared and establish­ed both by the ancient Common Law of England, and sundry Acts of Parliament, and Records of former times. 2. They declare, the constant vigilant care, zeal of our Ancestors and former Parliaments in all Ages, inviolably to main­tain, defend, preserve the same against all encroachments, together with their own care, duty and vigilancy in this kind in that very Parliament. 3. They relate the readiness of our Kings to 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 infringement thereof, by arbitrary illegal Impositions, without full consent in Parlia­ment. 5. They earnestly (in point of conscience, pru­dence, and duty to those for whom they served) Petition his Majesty, for a new Law and Declaration against all new Impositions and Taxes on Inland Goods, or Merchandizes im­ported or exported without the Peoples free consent in Parlia­ment, as null, void, utterly to be abolished and taken away. Whether it will not be absolutely necessary for the whole English Nation, and the next ensuing Notional, or real Parliament to Prosecute, Enact, Establish such a Declarati­on and Law against all such future arbitrary, illegal, oppres­sive Taxes, Impositions, Excises, that have been imposed and continued for many years together on the whole Kingdom, by new extravagant, self-created, usurping Ar­my-Officers, and other Powers, without free and full con­sent of the People in lawful English Parliaments, against all former Laws, Declarations, and Resolutions in Parlia­ment, [Page 17] to their great oppression, enslaving, undoing, and that in far greater proportions, multiplicity, and variety, then ever in former Ages, without the least intermission; and likewise against their late declared design, to perpetuate them on our exhausted Nation, without alteration or diminu­tion, (beyond and against all Presidents of former Ages) both in times of Peace and War for the future, by the 27, 28, 39, 30, 9. Articles of the Instrument entituled, The Government of the Commonwealth of England, &c. I remit to their most serious con [...]derations to determine, if ever they resolve to be English Freemen again, or to imitate the wisdom, prudence, zeal, courage, and laudable examples of their worthy Ancestors, from which they cannot now degenerate without the greatest Infamy, and enslaving of themselves with their Posterities for ever, to the arbitrary wills of pres [...]nt or future Usurpers on their Fundamental Rights and Libe [...]ties, in an higher degree then ever in any precedent [...]ges, under the Greatest Conquerors or Kings, after all their late, costly, bloudy Wars for their Defence a­gainst the Behe [...]ded King.

The fifth is, A learned and necessary Argument made in 5 the Commons House of Parliament, Anno 7. Jacobi, to prove, That each Subject hath a Propriety in his Goods; shew­ing also, the extent of the Kings Prerogative in Impositions up­on the Goods of Merchants exported or imported, &c. By a late learned Judg of this Kingdom, printed at London by Richard Bishop, 1641. and Ordered to be pub [...]ished in Print, at a Committee appointed by the Honourable House of Com­mons, for examination and Licensing of B [...]oks. 20. Maii, 1641. In which Parliamentary Argument, p. 8, 11, 16. I finde these direct Passages: That the New Im [...]ositions contained in the Boo [...] of Rates, imposed on Merchandizes, imported and exported by the K [...]ngs Prerogative, and Letters Patents, without consent in Parliament, is against THE NA­TURAL FRAME AND CONSTITUTION OF THE POLICY OF THIS KINGDOME, which is Jus Publi­cum Regn [...], AND SO SUBVERTETH THE FUNDA­MENTAL LAW OF THE REALM, and introduceth a [Page 18] new form of State and Government: Can any man give me a reason, why the King can only in Parliament make Lawes? No man ever read any Law, whereby it was so ordained; and yet no man ever read, that any King practised the contrary; therefore IT IS THE ORIGINAL RIGHT OF THE KINGDOM, Nota. 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 [...] as [...]lay mont [...]ly [...], Customs, and N [...]w-Impost 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 OF ENGLAND IN ONE OF THESE TWO MAIN FUNDAMENTAL POINTS; He must either take the Subjects Goods from them, without assent of the Party, which is against the Law, or else he must give his own Letters Patents the force of a Law, to alter the property of the Subjects Goods, which is also against the Law.

In this and sundry other Arguments, (touching the Right of Impositions) in the Commons House of Parliament by the Members of it, arguing against them, it was fre­quently averred, and at last voted and resolved by the House, 7. Jacobi. That such Impositions without consent in Parliament, were AGAINST THE ORIGINAL FUN­DAMENTAL LAWS AND PROPERTY OF THE SUBJECT, and Original Right, Frame, and Constitution of the Kingdom; as the Notes and Journals of that Parliament evidence: An express Parliamentary resolution in point, for what I here assert.

The sixth is, 6. 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. entred in the Parliament Journal of 4. Caroli, and since printed at London, 1642. In the Introduction to which Confe­rence, Sir Dudley Diggs, by the Commons House Order, used these expressions: My good Lords, whilest we the Com­mons, out of our good affections, were seeking for money, we found, I cannot say a Book of the Law, but many A FUNDAMENTAL POINT THEREOF NEGLECT­ED AND BROKEN, which hath occasioned our desire [Page 19] of this Conference: Wherein I am first commanded to shew un­to your Lordships in general, That the Laws of England are grounded on Reason more antient then Books, consisting much in unwritten Customs, yet so full of Justice and true Equity, that your most Honorable Predecessors and Ancestors propug­ned them with a NOLUMUS MUTARI; and so ancient, that from the Saxons daies, notwithstanding the injuries and ruines of time, they have continued in most parts the same, &c. Be pleased then to know, THAT IT IS AN UNDOUBT­ED AND FUNDAMENTAL POINT OF THIS SO ANCIENT COMMON LAW OF ENGLAND, THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS, which doth preserve as sacred that Meum and Tuum, that is the Nurse of Indu­stry, and the Mother of Courage, and without which there can be no Justice, of which Meum and Tuum is the proper ob­ject. Bu [...] the UNDOUBTED RIGHT OF FREE SUB­JECTS, hath lately not a little been invaded and prejudiced by Pressures, the more grievous, because they have been pur­sued by imprisonment, contrary to the Franchises of this Land, &c. which the Commons House proved by many Statutes and Records in all Ages, in that Conference, to the full sa­tisfaction of the Lords House; since published in print.

The seventh is, 7. The Vote of the See Can­terburies Doom, p. 19. Di­urnal Occur­rences, p. 13. whole House of Commons, 16. December, 1640. Nullo contradicente, en­tred in their Journal, and printed in Diurnal Occurrences, p. 13. That the Canons made in the Convocation (Anno 1640.) ARE AGAINST THE FUNDAMENTAL LAWS OF THE REALM, the Property and Liberty of the Subject, the Right of Parliament, and contained divers things tending to Faction and Sedition.

The eighth Authority is,8. Exact Col­lection, &c. p. 112, 113. The Votes of both Houses of Parliament, concerning the security of King­dom of England, and Dominion of Wales, 15. Martii 1641. Ordered by the Lords and Commons in Parliament to be forth­with printed and published (as they were then by themselves, and afterwards with other Votes and Orders) Resolved [Page 20] upon the Question, nemine contradicente; That in case of extream danger, and of his Majesties refusal, the Ordi­nance agreed on by both Houses for the Militia, doth ob­lige the people,See Chap. 2. Proposition 3, 7 and ought to be obeyed, by THE FUN­DAMENTAL LAWS OF THIS KINGDOM. A very vain, false, absurd, and delusory Vote, if there be no such Law [...], as some now affirm.

The ninth punctual Authority is,9. Exact Col­lection, p. 850, 854, 887, 888. A second Decla­ration of the Lords and Commons assembled in Parliament, concerning the Commission of Array; printed by their speci­al Order of 12. Januarii 1642. Wherein are these ob­serveable passages. The main drift of the answer is to main­tain, That the King by the Common Law may grant such a Commission of Array as this is, upon this ground, be­cause it's for the defence of the Kingdom: And, that the power which he hath to grant it by the Common Law, is not taken away by the Petition of Right, or any former Sta­tute, but the King notwithstanding any of them, may charge the Subjects for Defence of the Kingdom, so as the charge imposed come not to himself, nor to his particular ad­vantage.

These grounds thus laid, extend not to the Commission of Array alone, but to all other charges that his Majesty shall impose upon his Subjects, upon pretence of Defence of the King­dom; for there is the same reason of Law for any other charge that is pretended for Defence, as for this. If his Majesty by the Common Law may charge his Subjects to finde Arms, and other things in the Commission injoyned, because they are for Defence of the Kingdom; by the same reason of Law, he may command his People to build Castles, Forts, and Bulworks, and after to maintain them with 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, coat and conduct-money; provide victuals for Souldiers, and all other things NECESSARY FOR AN Do not the Army-Officers now enforce them to all this without a Par­liament? ARMY; these things being as necessary for Defence, as any thing that can be [Page 21] done in execution of this Commission. And for that exposition of the Petition of Right, and other Statutes therein noted, (if it should hold) doth it not overthrow, as well the Petition it self, as all other Lawes that have been made for the Sub­jects benefit against Taxes and other Charges, either in this or any other Parliament?

These Positions thus laid down and maintained, DO SHAKE THE FUNDAMENTAL LAWS OF THE KINGDOM, (THE ANCIENT BIRTH-RIGHT OF EVERY SUBJECT) both for THE PROPERTY OF HIS GOODS, AND LIBERTY, OF HIS PERSON: Nay, they strike at the root of Parliaments: What need his These Expo­stulations reach to those at White-Hall now, who pre­sume to impose Taxes, Cu­stoms, Excises, and make b [...]nd­ing Laws, which no Kings there ever did in like nature, no [...] their Counc [...]ls in any Age. Majesty call Parliaments to provide for Defence of the Realm, when himself may compel his Subjects to defend it without Parliaments? If these grounds should hold, what need the Sub­jects grant Subsidies in Parliament for Defence of the King­dom in time of real danger, if the King for defence at any times, when he shall only conceive or pretend danger, may im­pose Charges upon his Subjects without their consent in Parlia­ment?

Upon that which hath been said in this and our former De­claration, we doubt not but all indifferent men will be satis­fied, that this Commission of Array is full of danger and in­convenience to the Subjects of England, AND AGAINST THE FUNDAMENTAL LAWS OF THE LAND, both for PROPERTY OF GOODS, AND LIBERTY OF PERSON, &c. 2. As it is against THE FUNDA­MENTAL LAWS OF THE REALM, so no Statute makes it good, &c. And the Lords and Commons do upon the whole matter here conclude, that they are very much ag­grieved, that after so many Declarations and solemn Pro­testations made by his Majesty to rule by the known Laws of this Land, his Majesty by advice of his ill Councel­lors should be perswaded to set such a Commission on foot, which is so clearly contrary TO THE FUNDAMEN­TAL LAWS OF THIS LAND, the Right of Property, and Liberty of the Subject, contrary to former Resolutions of Parliament, and to the Petition of Right.

[Page 22] I am certain the generality of the Nation are now as much and more aggrieved, that some who were Parties to this Declaration, and others who have made as many or more Declarations and Protestations as his Majesty ever did, to rule by the known Laws of the Land, should since this, far exceed his Majesty in the like, or more exorbi­tances in the Militia, Excises, Taxes, Impositions, Im­prisonments, arbitrary extravagant proceedings, and ca­pital executions in new-erected Courts of Injustice, as di­ametrically contrary as the Kings Commissions of Array, to the Fundamental Laws of the Land (four times together so stiled and insided on, as such, in this one Declaration of both Houses) the Right of Property of the Subject, contrary to former Resolutions, and the Petition of Right; yea (which is most abominable) to their own Declarations, Remon­strances, Votes, Protestations, Vows, Solemn Leagues and Co­venants in Parliament, to their own eternal Infamy, as well as the peoples intolerable oppression and Slavery, who thereupon may justly conclude and protest against them, as both Houses did in the close of that Declaration against the Array, viz▪ Exact Collec­tion, p. 888. And the Lords and Commons do and shall adhere to their former Votes and Resoluti­ons, That all those that are Actors in putting of this Commission of Array in execution, shall be esteemed di­sturbers of the Peace of the Kingdome, and the Properties and Liberties of the Subject.

The tenth evidence is, 10. A Collection of all [...] Order [...] [...] 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, 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 Commissioner [...] of Scotland, to represent to your Majesty in all hum [...]ity and plainness as followeth; That this present Parliament convened according to the known and FUNDA­MENTAL LAWS OF THE KINGDOM (the continu­ance whereof is established by a Law consented to by your Ma­ [...]esty) is in effect denied to be a Parliament, &c. And here­upon [Page 23] we think our selves bound to let your Majesty know, That since theYet forcibly dissolved by the Army, and some new in Power, against their Commissi­ons, Oaths, Trusts, Prote­station, Coven­ant, and an Act of Parliament for their conti­nuance; who may do well to peruse this [...]. See Chap. 2. Proposition 6. 7. continuance of this Parliament is setled by a Law, (which, as all other Laws of your Kingdom, your Maje­sty is sworn to maintain, as we are sworn to our Allegiance to your Majesty, these Obligations being reciprocal) we must in duty, and accordingly are resolved, with our lives and fortunes, to defend and preserve the just Rights and full Power of this Parliament: To which the Earl of Essex (then Ge­neral) by both Houses direction, in his Letter to the Earl of Forth, Jan. 30. 1643. adds this Corollary, My Lord, the maintenance of the Parliament of England, and the Pri­viledges thereof, is that for which we are all resolved to spend our bloud, as being THE FOUNDATION WHEREON ALL OUR LAWS and LIBERTIES ARE BUILT: Which both the Lords and Commons assembled in Parlia­ment, in their Declaration of 23. Martii 1643. touching their proceedings upon his Majesties Letter concerning a Treaty of Peace; (wherein this Earls former Letter is recited) thus second: The Parliament of England is the only Basis, the chief Support and Pillar of our Laws and Li­berties, &c. And if notwithstanding all these Obligati­ons, the King shall How much more [...]h [...]n, if the Army, o [...] Army-Officers shall do [...], without questi­on or exempla­ry punishm [...]nt again and again, and i [...] ­stifie it still in [...]? at his pleasure dissolve this Parlia­ment, the Kingdom is not only deprived of the present, but made uncapable of enjoying the benefit of any future Parliament or Laws, any longer then shall stand with the will and pleasure of the King, and consequently THE FUNDAMENTALS OF ALL OUR LAWS & GO­VERNMENT ARE SUBVERTED. Let the Parliament-dissolving Officers, Army, and their Confederates seri­ously ponder this, with all who shall hereafter sit in Parli­amen [...], consider it in the first place.

The eleventh is, [...]1. the A 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, by reason of insupportable Taxes, &c. and the present condition of the County, by reason of [Page 24] the great number of Irish Rebels that have invaded it, and joyned with Papists and other ill-affected Persons now in those parts, doth threaten the extirpation of the Protestant Religion, and the s [...]b [...]e [...]sion of THE FUNDAMENTAL LAWS & GOVERNMENT OF THE KINGDOM. For prevention whereof, &c.

The twelfth is A Collecti­on, &c. p. 877, 878, 879. A Declaration of the Commons of Eng­land assembled in Parliament 17.12. Aprilis 1646. Of their true intentions concerning the AN [...]IENT & FUNDAMEN­TAL GOVERNMENT OF THE KINGDOM, securing the people against ALL ARBITRARY GOVERNMENT, &c. wherein they complain, That the Enemy being in despair to accomplish his designs by War, do misrepresent our intentions in the use we intended to make of the great Successes God hath given us, and the happy opportunity to settle peace and truth in the three Kingdoms; to beget a belief that we now desire to exceed or swerve from our first Aims and Principles in the Undertaking of this War, and to recede from the Solemn League and Covenant, and Treaties between the two Kingdoms; and that we would prolong these uncomfortable Troubles, [...]nd b [...]eed­ing Distractions, INAnd is not this now proved a real exper [...] ­mental [...], in some of [...] Remonst [...]s, to their shame? ORDER TO ALTER THE FUN­DAMENTAL CONSTITUTION & FRAME OF THIS KINGDOM, to leave all Government in the Church loose and unsetled, and our selves to exercise THE SAME ARBI­TRARY POWER OVER THE PERSONS & ESTATES OF THE SUBJECTS, which this present Parliament hath thought fit to abolish, by taking away the Star-Chamber, High Commission, and other Arbitrary Courts, and the exorbitant Power of the Councel Table: (all which we have seen since experimentally verified in every particular in the highest d [...]gree, notwithstanding this Declaration, by some in late and present Power, notwithstanding this Publication:) All which being seriously considered by us, &c. We do declare, THAT OUR TRUE & REAL INTENTIONS ARE, & OUR ENDEAVOR SHALL BE, to settle Religion in the purity thereof,And can most of the [...] mon­st [...]ns [...] or present pow­er, [...] joy this [...] truth or re­ally? And must not they be utterly asham [...] ­ed, confounded before God and men, when they consider how they have dis­sembled, prev [...] ­ri [...]ated with God and men herein in each particular? TO MAINTAIN THE ANCIENT &FUNDAMENTAL GOVERNMENT OF THIS KING­DOM, TO PRESERVE THE RIGHTS & LIBERTIES

[Page 25] In the Walsingha [...] Stow, Hollin­shed, Speed, Grafton, Baker An. 5. R. 2. John Stows Survay of Lon­don. p. 89. 10 103. Mr. St. Iohns Argu­ment at Law, at Straffords Attainder, p. 14 fifth year of King Richard the second, the vulgar Rabble of people and Villains, in Kent, Essex, Sussex, Nor­folk, Cambridgeshire and other Countries, under the Conduct of Wat Tyler, Jack Straw and other Rebels, assembling together in great multitudes, resolved by force and violence to abrogate the Law of villenage, with all other Lawes they disli­ked, formerly settled; to burn all the Records, kill and behead all the Judges, Justices, and men of Law of all sorts, which they could get into their hands; to burn and destroy the Innes of Court, (as they did then the new Temple, where the apprentices of the Law lodged, burning their Monuments and Records of Law there found) to alter the tenures of Lands, to devise new Laws of their own, by which the Subjects should be governed, to change the ancient Hereditary, Monarchicall Government of the Realm, and to elect pettie elective Tyrannies and Kingdoms to themselves in every Shire: (a project eagerly prosecuted by some Anar­chicall Anabaptists, and Jesuites, 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 for the present, they took an Oath of all they met; Quod Regi & communibus fidelita­tem servarent, that they should keep Allegeance and faith to the King and Commons, this their resolution and at­tempt thus to alter and subvert the Laws and Government, upon full debate in the Parliament of 5 R. 2. n. 30, 31. was declared to be HIGH TREASON against the King and against the Law; for which divers of the chief actours in this Treasonable Design were condemned and executed, as Trai­tors, in severall places; and the rest enforced to a publick submission, and then pardoned.

2. In the Stow, Holin­shed, Sp [...]ed, Graften, Baker in XI. 21. R. 2. and 1. H. 4. Satutes at large, 11. and 21 R. 2. & 1. H. 4 M. St. [...]ohns Speech concer­ning the ship­mony Judges, p. 28. to 37. And Argument at Law, at Straffords At­tainder. Parliament XL. R. 2. (as appears by the Par­liament Rolls and printed Statutes at large) three Prive Councellours, the Archbishop of York, the Duke of Ireland, and Earl of Suffolk; the Bishop of Exeter the Kings Confessour, five Knights, six Judges, (whereof Sir Robert Tresilian 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 Traytors, the rest banished, their Lands [Page 26] and goods forfeited, and none to endevour to procure their pardon, under pain of Felony; for endeavouring to overthrow a Commis­sion for the good of the Kingdome, and contrary to an Act of Par­liament of force of arms and Opinions in Law delivered to the King, tending to subvert the Laws and Statutes of the Realm, o­verthrow the Power, Priviledges, and proceedings of Parliament, and betray (not all the house of Lords, but only) some of the Lords of Parliament, which 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.

3. In the Mr. St. John at Law against Straffords At­tainder. p. 13. 14, 17. Parliament of 17 R. 2. n. 20. and Pas. 17. R. 2. B. RS. Ror. 16. Sir Thomas Talbot was accused and found guilty of High Treason for conspiring the death of the Dukes of Glocester, Lancaster and other Peers, who maintain­ed the Commission confirmed by act of Parliament, X. R. 2. and assembling people in a warlike manner in the County of Chester, for the effecting of it, in destruction of the Estates of the Realm; and OF THE LAWES OF THE KING­DOME.

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

5. In theSee Mr. S^t. Iohns Argu­ment against Strafford, p. 178. Halls Chronicle and Hollinshed. 8 year of King Henry the 8. William Bell, and Thomas Lacy, in the County of Kent conspired with Thomas Cheyney (the Hermite of the Queen of Fairies) TO OVERTHROW THE LAWS AND CƲSTOMES OF THE REALM: for effecting whereof, they with 200. more met together, and concluded upon a cause or raising greater forces in Kent, and the adjacent Shires, this was adjudged high Treason, and some of them executed as Traytors. Moreover, itCooks 3. insti­tutes, p. 9. 10. was resolved by all the Judges of [Page 28] in the reign of Henry 8. that an Insurrection against the Sta­tute of Labourers, or for the inhansing of Salaries and wages was TREASON, a levying war against the King, BECAUSE IT WAS GENERALLY AGAINST THE KINGS LAW, and the offendors took upon them THe RE­FORMATION THEREOF, which Subjects by gathering of power ought not to do.

Cooks 4. In­stitutes, ch. 8. p. 89. to 96.6. On December 1. in the 21. year of King Henry the 8. Sir Thomas Moore, Lord Chancellour of England, with 14. more, Lords of the Privy Councel, John Fitz-James, Chief Justice of England, and Sir Anthony Fitzher­hert, one of the Judges of the Common Pleas, exhibited sundry Articles of impeachment to King Henry the 8. against Cardinall Wolsy: That he had by divers and many sundry wayes and fashions committed High treason, and NOTABLE GRIE­VOUS OFFENCES, misusing, Altering, and subverting the order of his Graces Lawes, and otherwise; contrary to his high Honour, Prerogative, Crown, Estate and Dignity Royall; to the inestimable great hinderance, diminution and decay of the uniuersall Wealth of this his Graces Realm. The Articles are 43. in number: The 20, 21, 26, 30, 35, 37, 42, 43. contain, his illegall, arbitrary practices and proceedings to the subversion of the due course and order of his Graces Lawes, to the undoing of a great number of his loving people. Whereup­on they pray. Please therefore your most excellent Majesty of your excellent goodnesse towards the Weal of this your Realm, and Subjects of the same, to see such order and direction upon the said Lord Cardinall, As may be to terrible example of o­ther, to beware to offend your Grace, and your Lawes hereafter: And that he be so provided for that he never have a­ny Power, Jurisdiction or Authority hereafter, to trouble, vex, or impoverish the Common wealth of this your Realm, as he hoth done heretofore, to the great hurt and dammage of every man almost, High and low. See Speed, Holished, Graf­ton, Stow, An­tiquitates Ec­clesiae, Brit. p. 378. & 379. and Goodwin in his life time. His poysoning himself prevented his judgement for these his Practises.

M. St. Iohns Argument a­gainst Strafford7. The Statute of 1. Marie c. 12. Enacts that if 12. or more shall endeavour By force to alter any of the Laws or Statutes of the Kingdome; the offender shall from the time therein [Page 29] limited be adjudged ONELY AS A FELON: whereas it was Treason before; but this Act continuing but till the next Parliament, and then expiring, the offence remains Treason, as before.

Cook 3 Inst. c. 1. 9, 10. and M. St. Iohns Argument at Law, a­gainst Strafford p. 15, 16.8. In the 39. of Queen Elisabeth, divers in the Coun­ty of Oxford consulted together, to go from House to House, in that County, and from thence to London and other parts, to excite them to take arms for the throwing down of inclosures throughout the Realm; nothing more was prosecuted, nor Assemblies made; yet in Easter Term 39. Elisabeth, it was resolved by all the judges of England (who met about the case) That this was High Treason, and a levying Warre a­gainst the Queen, because it was to throw down all inclosures throughout the Kingdome, to which they could pretend no right, and that the end of it was, to OVERTHROW THE LAWS AND STATUTES for Inclosures. Whereupon BRAD­SHAW and BURTON (two of the principall offenders) were condemned and executed at Aiciston Hill in Oxfordshire, where they intended their first meeting.

See the Jour­nals of both Houses, and Act for his Attainder, Mr. Pyms De­claration upon the whole mat­ter of the Charge of High Treason against him, April the 12. 1641. M. St. Iohns Argument at Law at his Attainder, and Diurnal Oc­currences.9. To come nearer to our present times and case. In the last Parliament of King Charls, Anno 1640. 1641. The whole house of Commons impeached Thomas Earl of Strafford, Lord Deputy of Ireland of High Treason, amongst other Articles, for this crime especially (wherein all the other centred,) That he hath TREASONABLY ENDEVOU­RED by his Words, Actions and Counsels, to SUBVERT THE FUNDAMENTALL LAWS OF ENGLAND and IRE­LAND, and introduce an Arbitrary and Tyrannicall Govern­ment. This the whole Parliament declared and adjudged to be High Treason, in and by their votes, and a speciall Act of Parliament for his Attainder; for which he was con­demned and soon after executed on Tower Hill, as a Tray­tour to the King and Kingdome, May 22. 1641.

See the Com­mons and Lords Iournals, his printed im­peachment, Mr. Pyms Speech thereat, Can­buties Doom. p. 25, 26, 2 [...] 38, 40▪10. The whole House of Commons the same Parliament impeached William Laud Archbishop of Canterbury of HIGH TREASON; in these very terms, February 6. 1640.

First, That he hath trayterously endeavoured to subvert [Page 30] Fundamentall Lawes and Government of this Kingdome of England, and instead thereof to introduce An Arbitrary and Tyrannicall Government against Law: See chap. 2. Proposition 1.

All which being proved against him at his Triall, were after solemn Argum [...]nt by Mr. Samuel Brown in behalf of the Commons House proved; and soon after adjudged, to be High Treason at the Common Law, by both Houses of Parliament; and so declared in the Ordinance for his At­tainder: for which he was condemned and beheaded as a Trai­tor against the King, Law and Kingdome, on Tower hill, Ja­nuary 10. 1644.

11. In theSee the Com­mons and Lords Journals, Durnal Occur­rences p. 15, 16 19. 37. 191. to 264. and Mr. St. Iohns Speech at a conscience of both Houses of Parliament concerning shi [...]mony and these Judges. Together with the Speeches of Mr. Hide, Mr. Walker, Mr. P [...]erpoint, Mr. Denzill Hollis, at their impeachments [...]uly 16. 1641. aggravating their offences in Diurnall Oc­currences and Speeches. same Parliament, December 21. Jan. 14. Fe­bruary 11. 1640. and July 6. 1641. Sir John Finch, then [Page 32] Lord Keeper, chief Justice Bramston, Judge Berkly, Judge Crawly, Chief Baron Davenport, Baron Weston, and Baron Turnour, were accused and impeached by the House of Commons, by several Articles transmitted to the Lords, OF HIGH TREASON, for that they had Traitorously and wickedly endeavoured to subvert the Fundamentall Laws, and est [...]blished Government of the Realm of ENGLAND, and instead thereof to introduce an Arbitrary and Tyranni­call Government against Law; which they had declared by Traiterous and wicked words, opinions, judgement, 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, See ch. 2. Pro­position 1. 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 sole Judge both of the danger, and when, and how, the same is to be prevented and avoided. And likewise for ar­guing and giving iudgment accordingly in Master John Hempdens case, in the Exchequer Chamber, in the point of Ship money in Aprill 1638. which said Opinions are De­structive to the Fundamental Laws of the Realm, the sub­jects Right of Propriety, and contrary to former Resolutions in Parliament, and the Petition of Right; as the words of their several Impeachments run. Sr. John Finch fled the Realm to preserve his head on his Shoulders; some o­thers of them d [...]ed through fear, to prevent the danger soon after their Impeachments; and the rest put to Fines, who were lesse peccant.

12. Mr. John Pim, in his Declaration upon the whole matter of the Charge of High Treason against Thomas Earle of Strafford, April 12. 1641. before a Committee of both Houses of Parliament in Westminster Hall; printed and publish­ed by Order of the House of Commons; proves his endeavour [Page 33] to subvert the Fundamentall Law 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, Salus Popu­li: the element of all laws, out of which they are deri­ved: the end of all Laws, to which they are designed, and in which they are perfected.

1.

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

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

Thus far Mr. Oliver St. John (by the Commons Order) whose words I thought fit thus to transcribe at large, because not onely most pertinent, but seasonable for [Page 44] the present times; wherein as in a Looking Glasse, some pretended Judges and Grandees, of these present and late past times, may behold their own faces and deformities; and the whole Nation their sad condition under them. In the residue of that his Printed Speech, he compares the Treason of the Shipmony Judges, and of Sir Robert Tresy­lium and his Complices in XI. R. 2. condemned and exe­cuted for Traytors by Judgement in Parliament, for en­devouring to subvert the lawes and statutes of the Realm by their illegall Opinions then delivered to King Richard at Notting­ham Castle, not out of conspiracy, but for fear of death and corporall Torments wherewith they were menaced: whose offence he there makes transcendent to theirs then in six particulars, as those who please may there read at leisure, being over large to transcribe, I could here inform you, that the Fundamentall laws of our Nation, are the same in the Body politique of the Realm, as the Arteries, Nerves, Veins, are in, and to the naturall Body, the Bark to the tree; the Foundation to the House: and there­fore the cutting of them asunder, or their Subversion, must of necessity, kill, destroy, disjoyn and ruine the whole Realm at once: therefore it must be Treason in the highest degree. But I shall onely subjoyn here some mate­riall Passages, in his Argument at Law, concerning the At­tainder of high Treason, of Thomas Earl of Strafford, before a Committee of both Houses of Parliament in Westminster Hall, April 29. 1641. soon after printed and published by Order of the Commons House: wherein p. 8. he layes down this Posi­tion; recited again, p. 64.

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

The Authorities, Judgements, in and out of Parlia­ment which he cites to prove it, have been already men­tioned, [Page 45] with some others he omitted; I shall therefore but transcribe his Reasons to evince it to be Treason, super-added to those alledged by him against the Shipmony Judges.

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

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

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

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

1. Because they were the voice and sense of the whole House of Commons by his mouth; who afterwards own­ed and ratified them by their speciall Order for their pub­lication in print, for information and satisfaction of the whole Nation, and terrour of all others who should af­ter that, either secretly or openly, by fraud or force, di­rectly [Page 47] or indirectly, attempt the subversion of all, or any of our Fundamentall Laws, or Liberties, or the altera­tion of our Fandamentall Government, or setting up any arbitrary or Tyrannicall power, Taxes, Impositi­ons, or new kinds of arbitrary Judicato [...]ies, and impri­sonments against these our Laws and Liberties.

2. To mind an inform all such who have not only equal­led, but transcended Strafford and Canterbury in these their High Treasons, even since these Publications, Speeches, and their exemplary executions, of the 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 bewail, repent of, and reform them with all speed and diligence, as much as in them lies. And withall, I shall exhort them seriously to consider that Gospel terrifying Passage, Rom. 2. 1, 2, 3. Therefore thou art inexcusable O man, whosoever thou art that judgest; for wherein thou judgest another, tbou CON­DEMNEST THY SELF; FOR THOU THAT JUD­GEST, DOEST THE SAME THINGS. But we are sure that the judgement of God is according to truth, against them which commit such things. And thinkest thou this, O man, that judgest them which do such things, and doest the same, that thou shalt escape the Judgement of God.

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

[Page 48] 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, Lieutenant Colonel Lilburn, tried and cast, and other forementioned publications:) who professedly set them­selves by words, writing, Counsels and overt Acts to sub­vert both our old Fundamentall (and all other Laws) Li­berties, Customes, Parliaments, and Government, what transcendent Malefactor [...], traytors and Enemies they are to the publick, and what Capitall punishments, they may thereby incurre, as well as demerit, should they be legally pro­secuted for the same; and thereupon to advise them timely to repent of, and desist from such high Treasonable Attempts.

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

To these punctuall full Jury of Records and Parlia­mentary Authorities in point, I could accumulate Sir Edward Cook his 3. Institutes, p. 9. printed and authorised by the House of Commons speciall Order, the last Parli­ament: The severall Speeches of Mr. Hide, Mr. Walker, Mr. Pierpoint and Mr. Hollis, July 6. 1641. at the Lords Bar in Parliament, by order of the Commons House, at the Impeachment of the Shipmony Judges of High Treason, [Page 49] printed in Diurnall Occurrences, and speeches in Parliament, London 1641. p. 237. to 264. Mr. Samuel Browns Argu­ment at Law before the Lords and Commons at Canterbu­ries Attainder; all manifesting, their endevouring to subvert the Fundamentall Laws and government of the Nation to be HIGH TREASON; with sundry other printed Authorities to prove, That we have fundamentall Laws, Liberties, Rights, and a fundamentall Government likewise, which ought not to be innovated, violated, or subvert­ed upon any pretences whatsoever, by any power or prevailing Fa­ction. But to avoid prolixity, (the double Jury of irrefra­gable and punctuall Authorities already produced, being sufficient to satisfie the most obstinate Opposites formerly contradicting it) I shall onely adde three swaying Au­thorities more, wherewith I shall conclude this point.

The first is a very late one, in a Treatise intituled, A true State of the Common wealth of England, Scotland and Ireland, and the Dominions thereunto belonging, in Reference to the late established Government, by a Lord Protector and a PARLIAMENT. It being the Judgement of DIVERS PERSONS, who throughout these late troubles, have appro­ved themselves faithfull to the Cause and interest of God, and their COUNTRY: presented to the Publick, for the satisfacti­on of others. Printed at London 1654. who relating the miscarriages of the last Assembly at Westminster, use these expressions of them, p, 13, 14, 16, 17, 21, 22. But on the contrary, it so fell out in a short time, that there appeared many in this Assembly of very contrary Principles to the interest afore­said, which led them violently on to attempt and promote many things, the consequence whereof 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 ESTABLISHING NO­THING. So that instead of the expected settlement, they were running [...]ut into FURTHER ANARCHY and CONFU­SION. As to the Laws and Civil Rights of the Nation, nothing would serve them, but A TOTALL ERADICATION OF [Page 50] THE OLD, and INTRODUCTION OF A NEW: and so the Good, Old Laws of England, (the Guardians of our Lives and Fortunes) established with prudence, and confir­med by the experience of many Ages and Generations: (The Preservation whereof, was a principall Ground of our late Quarrel with the King) having been once abolished, what could we have expected afterward, but an inthroning of Arbitrary Power in the Seat of Judicature, and an exposing of our Lives, our Estates, our Liberties, and all that is dear unto us, as a Sacrifice to the boundlesse Ap­petite of Meer Will and Power, &c.

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

The second is, 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 and present peace, upon grounds of Common Right 9. November, 1647. viz.

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

Resolved, &c. That a Letter be sent to the Generall and those Papers inclosed, together with the Vote of this House up­on them; And that he be desired to examine the proceedings of [Page 51] this businesse in the Army (where it was first coined) and re­turn an Accompt hereof to this House.

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

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

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

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

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

Resolved, &c. That a Letter be prepared and sent to the Generall; taking notice of his proceeding in the exe­cution (according to the Rules of Warre) of a muti­nous person (avowing and prosecuting this agreement in the Army contrary to these Votes) at the Rendezvouz near Ware; and to give him thanks for it: and to desire him to prosecute that Businesse to the bottome; and to bring [Page 52] Such guilty persons as he shall think fit, to condigne and exemplary Punishment.

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

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

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

The third is the memorable Statutes of 3. Jacobi ch. 1, 2, 4, and 5. Which relating the old Gunpowder Treason of the Jesuites and Papists, and their infernal, inhumane, bar­barous, detestable plot, to blow up the King, Queen, Prince, Lords, Commons, and whole House of Peers with Gunpowder, when they should have been assembled in Parliament, in the upper House of Parliament, upon the fifth of November, in the year of our Lord 1605, do aggravate the hainousnesse and tran­scendency thereof by this circumstance, That it was (as some of the principall Conspirators thereof confessed) purposely devised and concluded to be done in the said House, That where sundry necessary and Religious Laws for Preservation of [Page 53] the Church and State were made, (which they falsely and slanderously term, Cruel Laws enacted against them and their Re­ligion) Both Place and Persons should be all destroyed and blown up at once: And by these dangerous consequen­ces if it had not been miraculously prevented, but taken effect. That it would have turned to the utter ruine, overthrow and Subversion Of the whole State and Common-Wealth of this flourishing and renowned Kingdom, and Gods true Religion therein established by Law, and of our Laws and Go­vernment. For which horrid Treason, they were all at­tainted, and then executed as Traytors, and some of their heads, Quarters, See Speeds History, p. 1250 and Mr. John Vica [...]'s History of the Gunpow­der Treason, and the Ar­raignment of Traytors. set up upon the Parliament House for terrour of others. Even so let all other Traytors, Conspirators against our Fundamental Laws, Liberties, Government, Kings, Parlia­ments, and Religion, treading presumptuously in their Jesuiticall footsteps,Judges 5. 31 perish O Lord, but let all them who cordially love, and strenuously maintain them against all Conspirators, Traytors, Underminers, Invaders what­soever, be as the Sunne when he goeth forth in his might: That the Land may have rest, peace, Settlement again, for as ma­ny years at least, as it had before our late innovations, Warres, Confusions, by their restitution and establishment.