A Seasonable, Historical, Legal, VINDICATION, AND CHRONOLOGICAL COLLECTION Of the good Old Fundamental Liberties, Franchises, Rights, Laws of all English Freemen; (their best Inheritance, birthright, Security, against Arbitrary Tyranny, Egyptian Slavery and Burdens) of late years most dangerously undermined, oppungned, and almost totally subverted, under the specious feigned Disguise of their Defence, Enlargement, and future Establishment upon a sure Basis.  
IT is an universal received Principle, and experimental Truth, beyond all contradiction, That no natural structure, no arteficial Building, no Civil or Ecclesiastical Corporation, Realm, Reipublicke, Government, or Society of men; no Art nor Science whatsoever, can possibly be erected, supported, established, preserved or continued in their being or well being, without FOUNDATIONS: whereon as they were at first erected, so they must necessarily still depend, or else they will presently fall to utter ruin.  
Hence it is, (to wave all human Authorities in so clear a Verity) that in God's own sacred uner●ing 
a Joh. 17. 17. 2 Cor. 6. 7. Eph. 1. 12. Ja. 1. 18▪  Word of Truth, we find frequent mention of the natural 
b 2 Sam. 22. 8, 16. Job 38. 4▪ 6. Psal. 18, 15. & 102. 25. & 1 4. 5. Prov. 8. 29. Isa. 24 18. & 40 21. & 48. 13. & 51. 13, 16. Ier. 31. 17. 24 Ephes. 4 4 Heb. 1. 10. & 4. 3 & 9 26. 1 Pet. 1. 20.  FOUNDATIONS of the vast natural fabric of the Earth, Heavens, and World itself; of the Artificial Material 
c 1 King. 5. 17 & 6. 37. & 7. 9, 10. Ezr. 4. 13 & 6 3. Ps. 137. 7. Ezek. 41. 8. Hag. 2. 8. Zech. 4 9 & 8. 9 Mat. 7▪ 26, 27. Luke 6. 48, 49.  foundations of the material Temple, walls, City; of God's own most famous city Jerusalem; and of private houses: of the Spiritual 
d Isa. 28. 16. & 54, 11. Psal. 87. 1. 1 Cor. 3. 10, 11, 12. Heb. 11. 10. 1 Pet. 2. 6. Rev. 21. 14. 19  FOUNDATION of the Spiritual Temple, City Jerusalem, and whole Church of God; even Jesus Christ himself: of the Doctrinal 
e 2 Tim. 1. 19 Heb. 6. 1, 2.  FOUNDATIONS, and first principles of Religion, Christianity, Salvation: yea, of the Political 
f Ier. 50. 15. Micah. 1. 6, 7. L●ke 6. 48, 49. Mat. 7. 26, 27.  FOUNDATIONS of Kingdoms, Reipublikes, Churches, Governments, States: which being once shaken, undermined, subverted, razed, or destroyed, bring unavoidable ruin and desolation upon them, (Psal. 11. 3. Psal. 82. 5, 6. Ier. 50, 17. & 51, 15, 16. Mic. 1. 6, 7, 9) even as we daily see Castles, walls, Houses, to fall instantly to the ground, and become an heap of Confusion, when their Foundations are blown up, decayed, or demolished.  
Upon which consideration, those public Laws, which establish, fence, fortify, support the Foundamental Constitutions, Rights, Liberties, privileges, of any Nation, kingdom, Reipublike, (essential to their being and subsistence, as a free or happy people, against the Invasions, underminings, Encroachments, of any Tyrants, usurpers, Oppressors, or public enemies, are usually styled FUNDAMENTAL LAWS;) and have ever been reputed so sacred, inviolable, immutable, in all ages, upon any Preterces of Necessity, or public Safety, that most Nations, and our own English Ancestors, above others, have freely chosen to hazard, yea lose their Estates, Lives, in their just defence, against such exorbitant Tyrannical Kings, and other Powers, who by force or policy have on leavoured to violate, alter, or subvert them, rather than out of cowardice, scottishness, carelessness or want of cordial love to the public, to suffer the Last infringement, repeal, or alteration of them, to the enthralling of Themselves, or their Posterities, to the arbitrary Wills of such Domineering Tyrants, and usurping Poners.  
Now because, after all our Old and New (many years) bloody, costly, dangerous Contest, and Wars, for the maintenance of our Good Old Fundamental Liberties, Laws, Rights privileges, against all secret or open underminers of them I clearly behold, with grief of heart, that there is a strange monstrous Generation of New TYRANNICAL STATE heretics sprung up amongst us; who are grown I desperately impudent, as not only to write, but publicly to assert in Print, (in 
a Lib. tried and cast, p. 39, 40, 142, to 4● 154] Canne's Voice from the Temple, which persuades the subversion and abolishing of all former laws, especially for tithes & Ministers support.  Books, printed by AUTHORITY, even in Capitals in the very Title-page) That the freemen and People of England have no such unalterable Fundamental Laws and Liberties left them by their forefathers, (as our Ancestors heretofore contested for, both in the Field and Parliament-House, with William the Conqueror, Henry the first, King John, Henry the third, Edward 1, 2, 3. Richard the second, with other Kings and Princes; and our late Parliaments and Armies too, with King James, and King Charles.) That neither Magna Charta, nor the Petition of Right, nor the Laws for trying Malefactors by Juries of their peers, are fundamental, or unaltera●le; but that the STATE-PHYSITIANS (or rather Mountebanks) of our time, (who are not tied up to them, but left free unto themselves) may lay them quite aside, either in part or whole, as they see cause: Yea, (having now attained to such a super-transcendent Authority, as) may (as they assert) DAY ASIDE ALL PARLIAMENTS and PARLIAMENTARY ways, and appoint SOMETHING ELSE, as more seasonable and proper to us, and as Providence makes way for it, if they see it more conducing to the safety and good of the commonwealth, (that is, to their own private Interests, Honours, Profits, Securities, designs, Oppressions, Rapines, gilded over with this specious pretext.) And then ●●●emptorily conclude, That to plead for these and other Fundamental Laws and Liberties, as unalterable,) though the only 〈◊〉 and Badges of our Freedom (is nothing else but to 〈◊〉 the Nation: for by such a Principle, People do 〈…〉 their Liberty, but are brought under such a kind of Tyranny, out of which (AS BEING WORSE THAN THE Egyptian BONDAGE) there is no hope of deliverance. An absurd Tyrannical Paradox, transcending any I ever yet met with in any Author; stripping us naked of all our long enjoyed Laws, Liberties, Franchises, Great Charters at once; tending only to reduce, and perpetually enthrall us under such an absolute Egyptian BONDAGE and Tyranny, without any hope of future deliverance from it, which some now endeavour to entail on us and our posterities for ever, by an Iron Law, and Yoke of Steel, in stead of restoring to us that Glorious freedom, which we have so long expected from them in vain.  
And because I find the Generality of the Nobility, Gentry, clergy, Commonalty, of our Nation, after all their, late years expensive bloody wars, and Parliamentary Disputes, for the defence and preservation of these our Ancient Hereditary Fundamental Charters, Laws, Liberties, privileges, so strangely degenerated both from themselves, and their heroic prudent Ancestors, as that they are more readily inclined, upon every occasion, out of a base, un-Christian, unmanly, un-English fear, or Scottish cowardice and stupidity, wittingly to desert, betray, surrender them all up into the hands of any invading usurpers, without the least public Claim, Dissertation, Defence, or Dispute; then diligently or courageously to contend for them, as of late they did: So as that which Paul once taxed in the slavish besotted Corinthians, 2 Epist. 11. 20. may be most truly averred of our degenerated, infatuated, English Nation: Ye suffer if a man bring you into bondage, if a man devour you, if a man take of you, if a man exalt himself, (above your Laws, Liberties, Franchises, Parliaments, Kings, Nobles, Properties, Lives, Conscience, and 
a 2 Thes. 24▪  all that is called God, or worshipped) if a man smite you on the face; notwithstanding all their manifold late 
b See Exact Collect and a general Collect. 〈◊〉 Ordinances, &c.  Protestations, Vows, Covenants, Remonstrances, Declarations, and public Engagements, to the contrary. And withal, after diligent enquiry, discovering scarce one man of eminency or Power in the Nation, nor so much as one of my degenerated temporizing Profession of the Law, (even when the 
c See Culpeper's & Lilly's Merlin's & almanacs, John Can's 2 Voice, Lib. 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 assaulted, and devoted unto sudden ruin, by many lawless spirits) who hath so much Courage, magnanimity, Honesty, Zeal, or cordial Love to his native Country, remaining in his breast, as manfully to appear in public, for the strenuous necessary defence of these our Hereditary, Fundamental Laws, Liberties, Rights, Franchises, (though their own, and every other English Freeman's best Inheritance and Security) for fear of being persecuted, imprisoned, close imprisoned, exiled, condemned, destroyed, as a traitor, rebel, Seditious person, Enemy to the public, or disturber of the kingdom's Peace, by those who are truly such: I thereupon conceived I could not undertake or perform a more necessary, seasonable, beneficial Service for my Country, (and not to be like those, who are ashamed, afraid, for the most part, to own, visit, or be seen in the company of those Gallant men, much less to assist, defend, and stick close unto them in their dangers, according to the sixth Article of their late Solemn League and Covenant, who have suffered, acted, and stood up most for their Common Liberties, Rights, Freedoms, Religion, against all invading Tyrants, to their great discouragement and betraying) nor pitch upon any Subject more proper for me, either as a common Lawyer, or as a constant Advocate and Sufferer for the public Cause, and Liberties of the Nation, as well under our late extravagant Free-State, as former Regal and Episcopal arbitrary Tyranny, then in this juncture of our public affairs, to present our whole distracted unsettled kingdom, with An Historical and Legal Vindication, and Chronological Collection, in all Ages, of these Ancient Hereditary Liberties, Franchises, Rights, Contests, Laws, Charters, Records, Monuments of former and late times, for their Confirmation, and inviolable Ob●rvation, which our Ancestors and our Selves have always hitherto reputed FUNDAMENTAL, UNALTERABLE, INVIOLABLE, upon any pretext; and have most eagerly contended for, with the prodigal expense of many millions of Treasure, and whole oceans of gallant Christian English blood.  
And if, upon the serious perusal of them, the universality of our degenerated Nation, after their many late solemn Protestations, Vows, Leagues, Covenants, Remonstrances, inviolably to defend and maintain them, shall 〈◊〉 so undervaelue them now at last, (as 〈◊〉 actually have done) as not to esteem them worth the owning, maintaining, vindicating, or perpetuating and longer; and thereby draw upon their headache real guilt of all those bloody Wars, Murders, Tumults Violences, Rapines, Oppressions, Sins, Mischiefs, Illegal Ta●es, Excises, Exorbitancies, which their many late years pretended Necessary Defence and Preservation have brought upon ou● three whole Nations; let them henceforth, like so man, ●astardly conquered Bond slaves, bored thorough the eares● publicly disavow, disclaim, renounce, abjure them, for themselves and their Posterities for ever, as mere worthless toys, or pernicious inventions, fit only to kindle perpetual Wars and Discords between King and People, Head and Members, superiors and inferiors; or as poor slender Cobwebs, (as now they prove) fit to hold none within compass but the very weakest flies; broken thorough with 〈◊〉 and impunity by every greater fly, creeping up into any Power or Supreme Authority, by Right or Wrong; and swept down to the very ground, by every New Broom in the hand of upstart Innovators.  
But if, upon saddest deliberation, they shall really estimate them to be such incomparable, rich, precious jewels, and ancient inheritances, as are every way worth the infinite Treasures, wars, Blood, Cares, Consultations, Troubles, heretofore and of late years expended, both to gain, retain, confirm, and perpetuate them, to them and their posterities for ever, as their principal earthly Security and Beatitude; I hope they will all then unanimously henceforth conclude with the Poet.  
Non minor est virtus quam quaerere, PART A tueri: and both by their Votes, and Actions, return the selfsame peremptory magnanimous answer to any Caesar, Conqueror, Patentate, Power, or Combination of men whatsoever, (who shall endeavour by force, fraud, ●●flattery, to compel or persuade them, to sell, resign, betray, 〈◊〉 these their Antistrial privileges, 〈…〉, to them) 〈…〉 once did to King Ahab, 1 King. 21. 3. The Lord forbid ● us, that we 〈◊〉 give (sell, or betray) the INHERITANCE OF our FATHERS (and our Posterities likewise) unto thee, or you; though they should suffer for this Answer and refusal, as much as Naboth did from bloody Ahab and Jez●bel.  
But whatever low price or estimate this spurious, stupid sordid, slavish Age may set upon these richest Pearls; yet for my own particular, upon serious consideration of these Chronological Collections, and the Solemn oaths, Protestations, Vows, League and Covenant, obliging me to defend them to the uttermost; I value the whole Nations public, and my own (with my cordial friends) private interest in them, at so high a rate, that I would rather cheerfully part with ten thousand lives, and all the treasures of the Nation, were I owner of them, then wittingly, negligently, or unworthily fell, betray, or resign them up to any Mortals, or Powers whatsoever, upon any Pretences or Conditions, after all my former Publications, Contests, Sufferings, &c. for their just Defence.  
Now to the end all others might now take special notice of the inestimable value our Ancestors in all Ages have set upon them, and what successive Wars, Conflicts, they have cheerfully undertaken for their preservation; I have, at vacant hours compiled this en●uin●Vindication and Collection of the Old Fundamental Liberties, Franchises, Laws, of all English freemen, which I shall be que●th to my most beloved native Country in general and every real Her●●●k Patron of them in particular, as the best legacy I can leave behind me, both for their 〈…〉 future Enfranchisement, Immunity, Security, from all 〈…〉 tyranny, Slavery, and yokes of Bondage, under 〈…〉 have a long time languished and 〈…〉  The Method I resolve herein to pursue is this: 
1. I shall produce some punctual Authorities of moment, to evidence, That the kingdom and freemen of England, have some ancient Hereditary just Rights, Liberties, privileges, Franchises, Laws and Customs, properly called fundamental: and likewise a fundamental Government, no ways to be altered, undermined▪ subverted, directly or indirectly, to the public prejudice, under pain of high Treason in those who shall attempt it, especially by fraud, force, or armed Power.  
2. I shall in brief Propositions present you with the chiefest and most considerable of them, which our Ancestors in former ages, and our latest real Parliaments have resolved to be, and eagerly contended for, as FUNDAMENTAL, essential to their being and well-being, as a Free People, Kingdom, Reipublike, unwilling to be enslaved under any yokes of Tyranny, any Arbitrary Impositions or Powers whatsoever. And then give you a brief Touch of their several late unparalleled violations, both by the Edicts and Actions of usurping Powers.  
3. I shall in a Chronological way tender you a large Historical Catalogue of Contests, Votes, Declarations, Remonstrances, oaths, Vows, Protestations, Covenants, Engagements, Evidences, Statutes, Charters, Writs, Records, Judgements, and Authorities, in all ages, undeniably evidencing, declaring, vindicating, establishing, perpetuating these Fundamental Hereditary Rights, Liberties, privileges, Franchises, Customs, Laws, and abundantly manifesting the extraordinary care, industry, zeal, courage, wisdom, vigilancy of our Ancestors, to defend, preserve, and perpetuate them to posterity, without the least violation or diminution.  
4. I shall vindicate the excellency, indifferency, and legality of trying all Malefactors whatsoever by Juries of their peers, upon legal process and Indictments; and manifest the illegality, injustice, partiality, dangerous consequences, of admitting or introducing any other form of Trials, by New, Arbitrary, Martial Commissions, or Courts of High Justice, (or rather 
* Summum jus, est summa injuria. Cic. de Offic●is, p. 611.  Injustice) inconsistent with, and destructive to the Fundamental Rights, Liberties, privileges, Laws, Franchises of the English Nation, and of most dangerous precedent to Posterity; being set up by the greatest Pretenders to public Liberty, Law, and the chiefest inveighers against Arbitrary Regal Tyranny and Power, which never publicly established them by any Law, and may fall to imitate them in future Ages.  
Each of these I intend to prosecute in distinct Chapters in their order  
For the first of these: That the kingdom and freemen of England, have some Ancient Hereditary Right, Liberties, privileges, Franchises, Laws and Customs, properly called fundamental; and likewise a fundamental GOVERNMENT, no ways to be alt●red, undermined, subvert●d, directly or indirectly, under pain of High●treason in those who shall attempt it, especially by fraud, force, or armed power.  
I shall confirm the first part of it, by these ensuing punctual Authorities of moment, against those 
a Lib. tried and cast, p. 39 40, 142. to 148 and elsewhere. John Can●●'s 2 Voice from the Temple. John Rogers Mene, 〈◊〉, Perex. p 6. lily and Culpeper in their prognostication: Anno 1653. & 16, 4, See the arimies' Proposals.  traitorous late-published Pamphlets, which professedly deny it, and endeavour a total abrogation of all former Laws, to set up a New Model, and Body of the Law, to rule us for the future, according to their Pleasures.  
The first is, the express words of the Great Charters of the Liberties of England, granted by 
b See Math. Par●s. p. 2. 6, & Magna Chart. 9 11. ● H. 3. c. 1. & 38. 25 E. 1. c. 1, &c. 28 E 1, c. 1, etc Cook●s 2 Instit. p. 2.  King John, Anno 1215. in the 17 year of his Reign; regranted and confirmed by King Henry the third, in the ninth year of his Reign, and sundry times afterwards; and by King Edward the first, in the 25 and 28 years of his reign: wherein these three Kings successively, by their several Grand Charters under their Great Seals, did grant, give, and confirm, to all the freemen of the Realm of England, FOR THEMSELVES AND THEIR HEIRS FOR EVER, the Customs, Liberti●s therein contained; TO HAVE AND TO HOLD THEM, TO THEM AND THEIR HEIRS FROM THEM AND THEIR HE●RS FOR EVER. Concluding their Charters thus: All these Customs and Liberties aforesaid, which we have granted to be holden within this our Realm, as much as appertaineth TO US AND OUR HEIRS, WE SHALL OBSERVE. And ALL MEN OF THIS OUR REALM, AS WELL spiritual AS temporal, (as much as in them is) shall observe the same against all persons in likewise. And we have granted unto them, THAT NEITHER WE NOR OUR heirs SHALL PROCURE OR DO ANY THING WHEREBY THE LIBERTIES IN THESE CHARTERS CONTAINED, SHALL BE INFRINGED OR BROKEN. We ●atifying and approving these Gifts and grants aforesaid, CONFIRM and CORROBORATE ALL THE SAME, FOR US AND OUR HEIRS PERPETUALLY: and by these Presents (as the later Charters run) do renew the same Willing and Granting, FOR US AND OUR HEIRS, THAT THESE CHARTERS, AND ALL AND SINGULAR THEIR ARTICLES, FOR EVER SHALL BE steadfastly, FIRMLY, AND INVIOLASLY OBSERVED.  
Sir Edward Cook, (that reverend learned Judge and Professor of our Laws) in his preface to his second Institutes, and p. 2. and 77. thereof, wherein he comments on this Great Charter, (printed by two Orders of the House of Commons in Parliament, dated 12 Maii. 1641. and 30 Junii, 1642.) resolves in direct terms, That the Great Charter was for the most part declaratory of the Principal Grounds of THE fundamental LAWS OF ENGLAND: That these words therein, [for as and our heirs for ever] were added to avoid all scruples; THAT THIS GREAT PARLIAMENTARY CHARTER MIGHT LIVE AND TAKE EFFECT IN ALL SUCCESSIONS OF AGES FOR EVER. A clear Resolution, that the principal Liberties, Customs, Laws, contained in these Great Charters, and ratified by them, are both Fundamental, perpetual, and unalitrable; being since confirmed in all points by near forty several special Acts of Parliament in succeeding Parliaments: and likewise by the Solemn oaths of our Kings, Nobles, Judges, Great Officers, and of the People too, (all several times sworn to defend and maintain the same) and by sundry Solomn Excommunications against the onfringers or contemners of them in any kind; as I shall prove more fully in the third Chapter.  
The second is, the punctual Resolution of the whole Parliament of 1 Jacobi, even in a printed act of Parliament, chap. 2. and of King James himself, in his speech therein, as is evident by this Prologue to that act: Whereas his most excellent majesty hath been pleased, out of his great wisdom and judgement, not only to represent unto us by his own prudent and Princely Speech on the first day of this Parliament, how much he desired (in regard of his inward and gracious affection to both the famous and ancient Realms of England and Scotland, now united in allegiance, and by all subjection IN HIS ROYAL PERSON, TO HIS MAJESTY AND HIS POSTERITY FOR EVER) that by a speedy, mature, and sound Deliberation, such a future union might follow, as should make perfect that mutual love, and uniformity of manners and Customs, which Almighty God in his providence, for the strength and safety of both Realms, hath so far already begun, in● pparent sight of all the world; but also hath vouchsafed to express many ways, how far it is, and EVER SHALL BE, from his Royal and sincere care and affection to the Subjects of England, TO ALTER OR INNOVATE the FUNDAMENTAL and ANCIENT LAWS, PRIVILEGES and GOOD CUSTOMS OF THIS KINGDOM; whereby not only HIS ROYAL AUTHORITY, but THE people's SECURITY OF LANDS, 
Not●  LIVINGS, and PRIVILEGES (●oth in general and particular) are PRESERVED and MAINTAINED; and, BY THE ABOLISHING OR ALTERATION OF THE WHICH, IT is IMPOSSIBLE BUT that PRESENT CONFUSION will FALL UPON the WHOLE STATE and FRAME OF THIS KINGDOM, &c. In which memorable Clause, these four things are observable, 1. That the Kingdom and People of England have Fundamental ancient good Laws, Privileges, and Customs. 2. That these are no ways to be altered or innovated; and that it always hath been, is, and ever shall be, far from the thoughts and intents of all good Kings, governors, and Parliaments, who bear a sincere care and affection to the subjects of England, to alter or innovate them. 3. That by these ancient good Laws, Privileges, and Customs▪ not only the King's Regal authority, but the people's security of Lands, Livings, and Privileges, (both in general and particular) are preserved and maintained. 4. That by the abolishing or altering of them, it is impossible, but that present confusion will fall upon the whole State and frame of this kingdom. Which I wish all Innovators and New Modellers of our Laws, would now at last lay seriously to heart, and the whole Kingdom and English Nation sadly consider, who have found it an Experimental truth of late years, and no imaginary feigned Speculation.  
The third is The Remonstrance of the whole House of Commons in Parliament, delivered in writing to K. James, in the Parliament of 7 Iac. anno 1610. which begins thus.  
To the Kings most Excellent Majesty. Most gracious sovereign,  
WHereas we your majesty's most humble Subjects, 
See Prop. 1 & 6 in Chap 2.  the Commons assembled in Parliament, have received, first by Message, and since by Speech, from your majesty, a Command of restraint, from debating in parliament your majesty's Right of imposing upon your subjects goods exported out of, or imported into this Realm, yet allowing us to examine the grievance of these Impositions, in regard of quantity, time, and other circumstances of disproportion thereto incident: we your said humble Subjects nothing doubting but that your majesty had no intent by that command, to infringe THE ANCIENT AND fundamental RIGHTS OF THE LIBERTY OF PARLIAMENT▪ in point of exact discussing of all matters concerning them and their possessions, Goods, and Rights whatsoever; which yet we cannot but conceive to be done in effect by this command, Do with all humble duty make this Remonstrance to your majesty.  
First, we hold it AN ANCIENT, GENERAL and undoubted RIGHT OF Parliament, to debate freely all matters which do properly concern the Subject, and his Right or Estate: which freedom of debate being once foreclosed, 
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 Books, 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 King's entrenchment on it: Of which should they be but once foreclosed, the Essence of the Liberty of Parliament is withal dissolved.  
And peradventure it may not be unworthy the most serious Disquisition of the next ensuing nominal or real Parliament, to examine, whether some Clauses and Restrictions in the 9, 12, 14, 16, 17, 21, 22, 24, 25, 27, 30, 32, 33, 36, 37, 38, 39, 40. Articles (or Strings) of the New Instrument, entitled, The Government of the commonwealth of England, Scotland, and Ireland, and the Dominions thereunto belonging, as it was publicly declared at Westminster the 16 day of December, 1653. &c. do not so much, nay far more entrench upon the ancient, Fundamental, General, undoubted Right and Liberty of Parliament▪ and Parliamentary free Debates, to the dissolution of the Essential Liberty of all future Parliaments, as this Command of King James did, or as the Bishops late Canons imposed on the Clergy in and by the Convocation, Anno 1640. ever did; and this Clause in their &c. Oath then made, (now imitated by others, who condemned it:) ● A. B. do swear, that I will never give my consent TO ALTER THE GOVERNMENT OF THIS CHURCH BY ARCH-BI●HOPS, BISHOPS, DEANS, AND ARCH-DEACONS, &c. AS IT STANDS NOW ESTABLISHED, AND AS BY RIGHT IT ought TO STAND: 
* See Cant. D●●m. p▪ 19, 26, 40. D●urn. Occu● rences, p. 13  Resolved by the whole House of Commons, and Peers too, without one dissenting voice, in Parliament, Decemb. 1640. to be a most dangerous and illegal Oath, contrary to THE RIGHTS and PRIVILEGES OF PARLIAMENT, and to the fundamental LAWS & statutes OF THE REALM, &c. and OF dangerous CONSEQVENCE. The contriving whereof was objected to the late Archbishop of Canterbury, in his Original and Additional Articles of Impeachment, to be HIGH TREASON; for which amongst other things, he lost his head.  
The fourth is, the notable Petition of Grievance of the whole House of Commons in Parliament, presented to King James in the seventh year of his Reign, after their Vote against his right to lay any Impositions on Goods imported or exported, without assent of Parliament; in these ensuing words,  
THe policy and Constitution of this your majesty's Kingdom, 
See Propos. 1. in chap. 2.  appropriates unto the Kings of this Realm, with assent of Parliament, as well the sovereign power of making Laws, as that of taxing or imposing upon the Subjects Goods or 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 have 
* O how are they now degenerated!  ever showed themselves faithful and loving to their Kings, & 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 Princese it her 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 
* And shall we now at last fail herein?  NEVER FAILED TO OBTAIN A SPEEDY AND FULL REDRESS, without any 
‖ How dare then any self-created powers who are neither Kings nor Parliaments now arrogate to themselves, or exercise such a super-Regal arbitrary power and prerogative?  Claim made by the Kings, of any Power or Prerogative in that point. And though THE LAW OF PROPERTY BE ORIGINAL, and carefully preserved by the Common laws of this Realm, WHICH ARE AS ANCIENT AS THE KINGDOM itself; 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. 
Nota.   
We therefore your majesty's most humble Commons assembled in Parliament, 
* And O that we would follow 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 than ANY your NOBLE ANCESTORS DID EVER IN TIME OF WAR, do with all humility present this most just and necessary Petition unto your Majesty, THAT ALL IMPOSITIONS SET without ASSENT IN PARLIAMENT, MAY BE QVITE 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 BESET upon your PEOPLE, THEIR GOODS OR MERCHANDIZES, SAVE ONLY BY COMMON CONSENT IN PARLIAMENT, ARE AND SHALL BE void; wherein your Majesty shall not only GIVE your subjects GREAT SATISFACTION IN POINT OF THEIR RIGHT; but also bring exceeding joy and comfort to them who now suffer, partly through the abating of the price of Native Commodities, and partly through the raising of all foreign, to the overthrow of Merehants, and Shipping, the causing of general dearth, and decay of all wealth among your people who will be thereby no less discouraged, then disabled to supply your Majesty when occasion shall require.  
In which memorable Petition, the whole House of Commons resolve in direct terms: 1. That the Subjects of England have old original Fundamental Rights, (and more particularly in the Property of their goods, exempted from all Impositions whatsoever in times of Peace or War, without their common consent in Parliament) declared and ectablished both by the ancient Common Law of England, and sundry Acts of Parliament, and Records of former times.  
2. They declare, the constant vigilant care, zeal of our Ancestors and former Parliaments in all ages, inviolably to maintain, defend, preserve the same against all encroachments, together with their own care, duty and vigilancy in this kind in that very Parliament.  
3. They relate the readiness of our Kings to ratify these their Fundamental Rights by new Act of Parliament, when they have been violated in any kind.  
4. They declare the benefit accrueing both to Prince and People, by the inviolable preservation and establishment of this old Fundamental Right, and the mischiefs accrueing 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 thy served) Petition his Majesty, for a new Law and Declaration against all new Impositions & Taxes on Inland Goods, or Merchandizes imported or exported, without the people's free consent in Parliament, as null, void, utterly to be abolished and taken away. Whether it will not be absolutely necessary for the whole English Nation, and the next ensuing Notional or real Parliament, to Prosecute, Enact, Establish such a Declaration and Law against all such future arbitrary, illegal, oppressive Taxes, Impositions, Excizes, that have been imposed and continued for many years together on the whole Kingdom, by new extravagant, self-created, usurping Army-Officers, and other Powers, without free and full consent of the People in lawful English Parliaments, against all former Laws, Declarations, and Resolutions in Parliament, to their great oppression, enslaving, undoing, and that in far greater proportions, multiplicity, and variety, ●hen 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 precedents of former Ages) both in times of Peace and War for the future, by the 27, 28, 29, 3●, 3●. Articles of the Instrument entitled, The Government of the commonwealth of England, &c. I remit to their most serious considerations to determine, it 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 present or future Usurpers on their Fundamental Rights and Liberties, in an higher degree than ever in any precedent Ages, under the Greatest conquerors or Kings, after all their late, costly, bloody Wars for their Defence against the Beheaded King.  
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 propriety in his Goods; showing also, the extent of the King's Prerogative in Impositions upon the Goods of Merchants exported or imported, &c. By a late learned Judge of this Kingdom, printed at London by Richard Bishop, 1641. and Ordered to be published in print, at a Committee appointed by the Honourable House of Commons, for examination and Licensing of Books. 20. Maii, 1641. In which Parliamentary Argument, p. 8, 11, 16. I find these direct Passages: That the New Impositions contained in the Book of Rates, imposed on Merchandizes imported and exported, by the King's Prerogative, and Letters Patents, without consent in Parliament, is against THE natural FRAME AND constitution OF THE POLICY OF THIS kingdom, which is Jus Publicum Regni, AND SO SUBVERTETH THE FUNDAMENTAL LAW OF THE REALM, and introduceth a new form of State and Government: Can any man give me a reason, why the King can only in Parliament make Laws? No man ever read any Law, whereby it was so ordained; and yet no man ever read, 
Nota.  that any King practised the contrary; therefore IT IS THE ORIGINAL RIGHT OF THE KINGDOM, AND THE VERY natural constitution OF OUR STATE AND POLICY, being one of the highest Rights of sovereign Power. If the King alone out of Parliament may impose, 
* And do not those do so, who now lay monthly Taxes, Excizes, Customs, and New-Impost on us daily out of Parliament, and that for many months 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, A Conference desired by the Lords, and had by a Committee of both Houses, concerning the Rights & Privileges of the Subjects 3. Aprilis, 4. Caroli, 1628. entered in the Parliament Journal of 4. Caroli, and since printed at London, 1642. In the Introduction to which Conference, Sir Dudley Diggs, by the Commons House Order, used these expressions: My good Lords, whilst we the Commons, out of our good affections, were seeking for money, we found, I cannot say a Book of the Law, but many A FUNDAMENTAL POINT THEREOF NEGLEGTED AND BROKEN, which hath occasioned our desire of this Conference: Wherein I am first commanded to show unto your Lordships in general, That the Laws of England are grounded on Reason more ancient than Books, consisting much in unwritten Customs, yet so full of Justice and true Equity, that your most honourable Predecessors and Ancestors propugned them with a NOLUMUS MUTARI; and so ancient, that from the Saxons days, notwithstanding the injuries and ruins of time, they have continued in most parts the same, &c. Be pleased then to know, THAT IT IS AN UNDOUBTED AND FUNDAMENTAL POINT OF THIS SO ANCIENT COMMON LAW OF ENGLAND, THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS, which doth preserve as sacred that Meum and Tuum, that is the Nurse of Industry, and the Mother of Courage, and without which there can be no Justice, of which Meum and Tuum is the proper object. But the UNDOUBTED RIGHT OF FREE SUBJECTS, hath lately not a little been invaded and prejudiced by Pressures, the more grievous, because they have been pursued by imprisonment, contrary to the Franchises of this Land, &c. which the Commons House proved by many Statutes and Records in all Ages, in that Conference, to the full satisfaction of the Lord's House; since published in print.  
The seventh is, The Vote of the 
a See Canterbury's Doom, p. 19 Diurnal-Occurrences, p. 13.  whole House of Commons, 16. December, 1640. Nullo contradicente, entered in their Journal, and printed in Diurnal Occurrences, p. 13. That the Canons made in the Convocation (Anno 1640.) ARE AGAINST THE FUNDAMENTAL LAWS OF THE REALM, the Property and Liberty of the Subject, the Right of Parliament, and contained divers things tending to Faction and Sedition.  
The eighth Authority is, 
b Exact Collection, &c. p. 112, 113.  The Votes of both Houses of Parliament, concerning the security of the Kingdom of England, and Dominion of Wales, 15. Martii 1641. Ordered by the 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 extreme danger, and of his majesty's refusal, the Ordinance agreed on by both Houses for the Militia, doth oblige the people, 
See Chap. 2. P●oposition 3. 7.  and aught to be obeyed, by THE FUNDAMENTAL LAWS OF THIS KINGDOM. A very vain, false, absurd, and delusory Vote, if there be no such Laws, as some now affirm.  
The ninth punctual Authority is, 
a 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 observable passages. The main drift of the Answer is to maintain, That the King by the Common Law may grant such a Commission of Array as this is, upon this ground, because it's for the 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 find Arms, and other things in the Commission enjoined, 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 find Ships, and furnish them with Men, Ammunition, and Victuals, and to find soldiers pay, Coat and Conduct-Money; provide Victuals for soldiers, and all other things NECESSARY FOR AN 
* 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 done in execution of this Commission. And for that exposition of the Petition of Right, and other Statutes therein noted, (if it should hold) doth it not overthrow, as well the Petition itself, as all other laws that have been made for the Subjects benefit against Taxes and other Charges, either in this or any other Parliament?  
These Positions thus laid down and maintained, DO SHAKE THE FUNDAMENTAL LAWS OF THE KINGDOM, (THE ANCIENT birthright 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 binding Laws, which no Kings there ever did in like nature, nor their Counsels 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 persuaded to set such a Commission on foot, which is so clearly contrary TO THE FUNDAMENTAL LAWS OF THIS LAND, the Right of Property, and Liberty of the Subject, contrary to form●r Resolutions of Parliament, and to the Petition of Right.  
I am certain the generality of the Nation are now as much and more aggrieved, that some who were Parties to this Declaration, and others who have made as many or more Declarations and Protestations as his Majesty ever did, to rule by the known Laws of the Land, should since this, far exceed his Majesty in the like, or more exorbitances in the Militia, Excises, Taxes, Impositions, Imprisonments, arbitrary extravagant proceedings, and capital executions in new-erected Courts of Injustice, as diametrically contrary as the King's Commissions of Array, to the Fundamental Laws of the Land (four times together so styled and insisted on, as such, in this one Declaration of both Houses) the Right of Property of the Subject, contrary to former Resolutions, and the Petition of Right; yea (which is most abominable) to their own Declarations, Remonstrances, Votes, Protestations, Vows, Solemn Leagues and Covenants in Parliament, to their own eternal Infamy, as well as the people's intolerable oppression and Slavery, who thereupon may justly conclude and protest against them, as both Houses did in the close of 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 kingdom, and the Properties and Liberties of the Subject.  
The tenth evidence is, 
a A Collection of all public 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, 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 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 Majesty) is in effect denied to be a Parliament, &c. And hereupon we think ourselves 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, Protestation, Covenant, and an Act of Parliament for their continuance; who may do well to peruse this Clause. See Chap. 2. Proposition 6, 7.  continuance of this Parliament is settled by a Law, (which, as all other Laws of your Kingdom, your Majesty is sworn to maintain, as we are sworn to our Allegiance to your Majesty, these Obligations being reciprocal) we must in duty, and accordingly are resolved, with our lives and fortunes, to defend and preserve the just Rights and full Power of this Parliament: To which the Earl of Essex (then General) by both Houses direction, in his Letter to the Earl of Forth, Jan. 30. 1643. adds this Corollary, My Lord, the maintenance of the Parliament of England, and the privileges thereof, is that for which we are all resolved to spend our blood, as being THE FOUNDATION WHEREON ALL OUR LAWS and LIBERTIES ARE BUILT: Which both the Lords and Commons assembled in Parliament, in their Declaration of 23. Martii 1643. touching their proceedings upon his majesty's Letter concerning a Treaty of Peace; (wherein this Earls former Letter is recited) thus second: The Parliament of England is the only Basis, the chief Support and Pillar of our Laws and Liberties, &c. And if notwithstanding all these Obligations, the King shall 
* How much more then, if the Army, or Army-Officers shall do it, without question or exemplary punishment again and again, and justify it still in print?  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 than 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 Parliament, consider it in the first place.  
The eleventh is, the 
a 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 the great number of Irish Rebels that have invaded it, and joined with Papists and other ill-affected persons now in those parts, doth threaten the extirpation of the Protestant Religion, and the subversion of the FUNDAMENTAL LAWS and GOVERNMENT of the Kingdom. For prevention whereof, &c.  
The twelfth is, 
b 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 & 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, and bleeding Distractions, IN 
* And is not this now proved a real experimental Truth, in some of these Remonstants, to their shame?  ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION & FRAME OF THIS KINGDOM, to leave all Government in the Church loose and unsettled, and ourselves to exercise THE SAME ARBITRARY POWER OVER THE PERSONS & ESTATES OF THE SUBJECTS, which this present Parliament hath thought fit to abolish, by taking away the Star-Chamber, High Commission and other Arbitrary Courts, and the exorbitant Power of the council Table: (all which we have seen since experimentally verified in every particular in the highest degree, 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 endeavour SHALL BE, to settle Religion in the purity thereof, 
* And can most of th●se Remonstrants in late or present power, now say this in truth or reality? And must no● they be utterly ashamed, confounded before God and men, when they consider how they have dissembled, prevaricated with God and men herein in each particular?  TO MAINTAIN THE ANCIENT & FUNDAMENTAL GOVERNMENT OF THIS KINGDOM, TO PRESERVE THE RIGHTS & 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 Kingdoms 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 this further enlargement upon the particulars.  
And first, concerning Church-Government, &c. because we cannot consent to the granting of an Arbitrary and unlimited Power and Jurisdiction, to near ten thousand Judicatories to be erected within this Kingdom, and this demanded in such a way, as is not consistent with THE FUNDAMENTAL LAWS & GOVERNMENT OF THE SAME, &c. our full Resolutions still are, sincerely, really and constantly to endeavour the Reformation of Religion, in the Kingdoms of ENGLAND & IRELAND, in Doctrine, Worship, Discipline, 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, and then Members of the Commons House, say so now? or read this without blushing and self-abhorrence?  SO FAR FROM ALTERING THE FUNDAMENTAL GOVERNMENT OF THIS KINGDOM BY KING, LORDS & COMMONS, That we have only desired, that with the consent of the King, such Power may be settled in the TWO HOUSES, without which we can have no assurance, but that the like, or greater mischiefs than those which God hath hitherto delivered us from, may break out again, and engage us in a second and more destruct● ve War; whereby it plainly appears, OUR INTENTIONS ARE NOT TO CHANGE THE ANCIENT FRAME OF GOVERNMENT WITHIN THIS KINGDOM, but to obtain the end of the Primitive Institution of all Government, THE SAFETY & WEAL OF THE PEOPLE; not judging it wise or safe, after so bitter experience of the bloody Consequences of a 
* Is not a superintendent power in and over the Army, above and against the Parliament or People, far more dangerous and likely to introduce such an Arbitrary Government in the Nation, if left in the General Officers, or their Councils power?  pretended Power of the Militia in the King, to leave any colourable autho●ity 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 Committees of Indemnity, &c. interrupt it in the highest degree; and the misnamed High Courts of Justice, and falsify this whole clause?  ordinary course of Justice, in the several Courts and Judicatories of this Kingdom, nor intermeddle in cases of private interest otherwhere determinable, unless it be in case of maladministration 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 KINGDOM.  
Lastly, Whereas both Nations have entered into a Solemn League and Covenant; we have, and EVER shall BE VERY CAREFUL 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 desperately the garbled Minority thereof, continuing in power after their Seclusion, prevaricated, apostatised, and falsified their Faith and Engagements herein in every particle in the highest Degree, we cannot but with greatest grief of heart, and detestation remember, to the subversion, ●uine of our King, Lords, Commons, Kingdom, Parliaments, Fundamental Laws, Government, and the people's Liberties, &c. almost beyond all hopes of restitution or reparation in human probability, without a miracle from heaven. The Lord give them grace most seriously to consider of, repent, and really, sincerely, reform it now at last, and not still add drunkenness to thirst, lest they bring them to temporal and eternal condemnation for it in God's own due time, and engender endless Wars, Troubles, Taxes, Changes, Confusions in our Kingdoms, as they have hitherto done.  
By this full Jury of Parliamentary Authorities, to omit many others of like or 
a See the Humble Remonstrance against the Illegal Tax of Ship-money, p. 1, 2, 3. The Case of Ship-money briefly Discussed, p. 2. &c. England's birthright, and other Treatises.  inferior nature, and less moment, it is undeniable; That the People of England have both ancient Fundamental Rights, Liberties, Franchises, Laws, and a Fundamental Government; which like the Laws of the Medes and Persians, neither may, or aught to be altered, violated, or innovated upon any pretence, but perpetually maintained, defended, with greatest care, vigilancy, resolution; and he who shall still deny or oppugn it, deserves no refutation by further arguments, since it is a received maxim in all Arts, Contra Principia negant●●●, non est disputandum; but rather demerits a sentence of Cond●●nation, and public Execution at Tyburn, as a common Enemy, traitor to our Laws, Liberties, Nation; it being no less than 〈◊〉 transcendent Crime, and High Treason by our Laws, for any person or persons, secretly or openly, to attempt the 〈◊〉 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 precedents and Evidences, corroborating likewise the former part, that we have such Fundamental Laws, Liberties, Rights, Franchises, and a Fundamental Government too.  
In the 
b Wasingham, S●ow, Holinshed, Speed, Grasten, Baker, an: 5 R: 2: John Stow's survey of London, p. 89 to 103: Mr: St. John's argument at Law, at Straffords attainder 〈◊〉.  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 villainage, with all other laws they disliked, formerly settled; to burn all the Records, kill and beh●ad all: he Judges, justices, and men of Law of all sorts, which they could get into their hands; to burn and destroy the inns of Court, (as they did then the new Temple, where the Apprentices of the Law lodged, burning their Monuments and Records of Law there found) to alter the Tenures of Lands, to devise new Laws of their own, by which the Subjects should be governed, to change the ancient Hereditary, monarchical Government of the Realm, and to elect petty elective Tyrannies and Kingdoms to themselves in every Shire: (a project eagerly prosecuted by some Anarchical Anabaptists, Jesuits, and Levellers very lately,) and though withal they intended to destroy the King to 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 allegiance and faith to the King and Commons; this their resolution and attempt thus to alter and subvert the laws & 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 Actors in this Treasonable design were condemned and executed, as Traitors, in several places, and the rest enforced to a public submission, and then pardoned.  
2. In the 
a S●ow, Holl●nshed, Speed Graston, Baker in XI 31. R: 2: and 1: H: 4. S●atu●es at large, 11: and 21. R: 2: & 1H: 4. St: John's Speech concerning the 〈◊〉 Judges, p▪ 8 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 privy counsellors, the Archbishop of York, the Duke of Ireland, and Earl of Suffolk, the Bishop of Exeter the King's Confessor, five Knights, six Judges, (where of Sir Robert Trisilian, Chief Justice was one) Blake of the King's council at Law, Vsk and others, were impeached and condemned of High Treason, some of them executed as traitors, the rest banished, their Lands and goods ferfeited, and none to endeavour to procure their pardon, under pain of Felony, for endeavouring to overthrow a Commission for the good of the kingdom, and contrary to an Act of Parliament of force of arms and Opinions in Law delivered to the King, tending to subvert the Laws and Statutes of the Realm, overthrow the Power, privileges, and proceedings of Parliament, and betray (not all the house of 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 
a Mr. St. John at Law against Straffords Attainder, p. 13: 〈◊〉, 17.  Parliament of 17 R. 2. n, 20. and Pas. 17. R. 2. B. R S. Rot 16. Sir Thomas Talbot was accused and sound guilty of High Treason for conspiring the death of the Dukes of Gloucester, Lancaster and other Peers, who maintained the Commission confirmed by act of Parliament, X R. 2. and assembling people in a warlike manner in the County of Chester, for the effecting of it, in destruction of the Estates of the Realm; and OF THE laws OF THE kingdom.  
4. In the 29. year of King Henry the sixth, Jack Cade, under a pretence to reformed, alter, and abrogate some Laws, Purveyances and extortions importable to the Commons (whereupon he was called JOHN amende ALL) drew a great multitude of Kentish people to Black Heath in a warlike manner to effect it: in the Parliament of 29. H. 6. c. 1. this was adjudged High Treason in him and his Complices; by act of Parliament: and the Parliament of 31. H. 6. c, 1. made this memorable Act against him, and his Imitators in succeeding ages; worth serious perusual and consideration by all who tread in his footsteps and overact him in his Treasons.  Whereas the most abominable Tyrant, horrible, odious, and erraut FALSE TRAITOR, John Cade, calling himself sometimes Mortimer, sometime Captain of Kent, (which Name, Fame, acts and Feats, to be removed out of the speeh and mind of every faithful Christian man, perpetually,) falsely and traitorously purposing and imagining the pertual destruction of the King's PERSON and final SUBVERSION OF THIS REALM, taking upon him 
* And have not others of 〈◊〉 assumed to themselves; more royal power 〈◊〉 resolved to be treason by 21. E. 3. 〈…〉.  royal POWER, and gathering to him the King's people in great number, BY FALSE, subtle, IMAGINED language, and seditiously made a stirring Rebellion, and insurrection, under Colour of Justice for Reformation of the LAWS of the said KING, robbing, slaying, spoiling a great part of his faithful People: Our said sovereign Lord the King, considering the promises with many other, which were more odious to remember, by advice and assent of the LORDS spiritual and temporal, and at THE REQVEST OF THE COMMONS, and by authority aforesaid, hath ordained and established, that the said John Cade shall be had named and declared a false traitor to cur said sovereign Lord the King; and that all His Tyranny, Acts, 
Not●.  Facts, false Opinions, shall be voided, abated, adnulled, destroyed, and put out of remembrance 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, nor effect, but void in Law: and all the petitions 
* To wit. by C●de and his confederates for the alteration of the Laws, &c.  delivered to the said King in his last Parliament holden at Westminster, the sixth day of November, the 29, of his Reign, against his mind, 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 pre-eminence, and also dishonourable, and unreasonable. 
5. In the 
a See Mr. S●. John's argument 〈…〉  8 year of King Henry the 8. William Bell and Thomas Lacie, in the County or Kent conspired with Thomas Cheyney (the hermit of the Queen of Fairies) TO OVERTHROW THE LAWS AND customs OF THE REALM: for effecting whereof, they with 200. more met together, and concluded upon a cause, or raising greater forces in Kent, and the adjacent shires, this was adjudged high treason, and some of them executed as traitors, Moreover it 
b Cook's 3 Institutes, p. 9 10.  was resolved by all the Judges of in the reign of Henry S. that an Insurrection against the Statute of Labourers, or for the enhancing of salaries and wages was Treason, a levying war against the King, Because it was generally against the King's LAW, and the Offenders took upon them the REFORMATION thereof, which Subjects by gathering of power, ought not to do.  
6. On 
a Cook's 4 institues, ch. 8. p. 89. ●● 96.  December 1. in the 21. year of King Henry the 8. Sir Thomas Moor, Lord Chancellor of England, with 14. more, Lords of the Privy council, John Fitz James, Chief Justice of England, and Sir Anthony Fitzherbert, one of the Judges of the Common Pleas, exhibited sundry Articles of Impeachment to King Henry the 8. against Cardinal Wolsy, That he had by divers and many sundry ways and fashions committed High Treason, and notable grievous offences, misusing, altering and subverting the order of his grace's Laws, and otherwise; contrary to his high Honour, Prerogative, Crown, Estate and Dignity royal, to the inestimable great hindrance, diminution and decay of the universal Wealth of this his grace's Realm. The Articles are 43. in number: The 20, 21, 26, 30, 35, 47, 42, 43. contain, his illegal, arbitrary practices and proceedings to the subversion of the due course and order of his grace's Laws, to the undoing of a great number of his loving people. Whereupon they pray, Please therefore your most excellent Majesty of your excellent goodness towards the Weal of this your Realm, and Subjects of the same, to see such order and direction upon the said Lord Cardinal, as may be to terrible example of others, 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 Commonwealth of this your Realm; as he hath done heretofore, to the great hurt and damage of every man almost, high and low. His 
* See Speed Hollinshed Grafton S●ow Antiquitates Ecclesia, brit. p. 378. & 379. and Goodwin in hi● life time.  poisoning himself prevented his judgement for these his practices.  
7. The 
b Mr. S John's argument against Stra●ford  Statute of 1. Marie●. 12. Enacts, that if 12. or more shall endeavour by force to alter any of the laws or statutes of the kingdom: the offender shall from the time therein limited be adjudged only 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.  
8. In the 
a Cook 3 inst. c. 1, 9, 10 and M: St: John's argument at Law, against Strafford p. 15, 16.  39 of Queen Elizabeth divers in the County of Oxford consulted together, to go from house to house, in that County, and from thence to London and other parts to excite them to take arms for the throwing down of enclosures throughout the Realm; nothing more was prosecuted, nor assemblies made; yet in Easter Term 39 Elizabeth, it was resolved by all the Judges of England (who met about the case) That this was High Treason, and a levying war against the Queen, because it was to throw down all enclosures throughout the kingdom to which they could pretend no right, and that the end of it was to overthrow the Laws and Statutes for enclosures. Whereupon BRADSHAW and Burton (two of the principal offenders) were condemned and executed at Aic●ston Hill in Oxfordshire, where they intended their first meeting.  
9 To come nearer to our present times and case. In the last Parliament of King Charles. Anno 16●0. 1641 
b See the Journals of both houses, and act for his attainder, Mr. Pym's Declaration upon the whole matter of the Charge of High Treason against him, April the 12. 1641: M●. St: Johos argument at Law at his attainder, and Diurnal Occurrences.  The whole House of Commons impeached Thomas Earl of Stafford, Lord Deputy of Ireland of high Treason, amongst other Articles, for this crime especially (wherein all the other centred,) that he Treasonably endeavoured by his Words, actions and Counsels, to subvert the fundamental laws of ENGLAND, and IRELAND, and introduce an arbitrary and tyrannical Government. This the whole parliament declared and adjudged to be High treason, 
c See the Commons and Lords Journals, his printed impeachment: Mr: Pym's Speech thereat. Canterbury's D●●m, p: 25, 26▪ 27, 38, 40▪  in and by their votes, and a special act of parliament for his attainder; for which he was condemned and soon after executed on Tower Hill as a traitor to the King and kingdom, May 2● 1641.  
10. The whole House of Common● the same Parliament impeached ` William L●●d archbishop of Canterbury, of HIGH TREASON, in these 〈…〉 1646.  
First, that he hath traitorously endeavoured 〈…〉 Fundamental laws and Government of this kingdom of England, and instead thereof to introduce an Arbitrary and Tyrannical Government against Law: And he to that end hath wickedly and traitorously advised his Majesty, 
See chap. 2. Proposition 1.  that he might at his own will and pleasure, levy and take Money 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 traitorous design, advised and procured Sermons and other Discourses, to be preached, printed and published, in which the authority of parliaments, and the force of the Laws of this kingdom have been denied, and absolute and unlimited power over the persons and estates of his majesty's Subjects maintained and defended, not only 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 ways 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 majesty's Courts at Westminster and other Courts, to the subversion of the laws of this kingdom, whereby sundry of his majesty's Subjects have been stopped in their just suits, deprived of their lawful Rights, and subjected to his tyrannical will, to their ruin and destruction.  
Fourthly, That he hath traitorously 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 customs in that behalf.  
Fifthly, He hath traitorously caused a Book of Canons to be compiled and published, without any lawful warrant and authority in that behalf; in which pretended Canons many matters are contained, contrary to the King's prerogitive, to the fundamental Laws and statutes of this Realm, to the Rights of Parliament, to the property, and Liberty of the subject, and matters tending to sedition and of dangerous consequence; and to the establishing of a vast, unlawful, presumptuous power in himself and his successors, &c.  
Seventhly, That he hath traitorously endeavoured to alter & subvert God's true Religion BY LAW EST ABLISHED, and instead thereof to set up Popish Religion and Idolatry, And to that end hath declared, and maintained in Speeches and printed Books, divers popish doctrines, and opinions, contrary to the Articles of Religion, ESTABLISHED BY LAW. he hath urged and enjoined divers popish and superstitious Ceremonies, WITHOUT ANY WARRANT OF LAW; and hath cruelly persecuted those who have opposed the same, by corporal punishments, and imprisonments, and most unjustly vexed others, who refused to conform thereunto by Ecclesiastical Censures, Excommunication, Suspension, Deprivation, and Degradation, contrary to the Laws of this kingdom.  
13. He did by his own authority and power, contrary to Law, procure sundry of his majesty's Subjects, and enforced the Clergy of this kingdom to contribute towards the maintenance of the war against the Scots.  
That to preserve himself from being questioned for these and other his traitorous Courses, he hath laboured to Subvert the Rights of Parliament, and the ancient Course of parliamentary proceedings, and by false and malicious slanders to incense His Majesty against Parliaments.  
All which being proved against him at his trial, were after solemn Argument by Mr. Samuel Brown in behalf of the Commons House proved, and soon after adjudged, to be High Treason at the Common Law, by both Houses of Parliament; and so declared in the Ordinance for his Attainder: for which he was condemned and beheaded as a traitor against the King, Law, and Kingdom, on Towerhil, January 10. 1644.  
11. In the 
a See the Commons and Lords journals, Diurnal Occurrences, p. 15. 16. 19 37▪ 191. to 264. and M. S. John's Speech at a conference of both Houses of Parliament concerning shipmoney and these Judges. Together with the Speeches of M●Hide Mr. Walker, Mr, Pierpoint, Mr. Denzil Hollis, at their impeachments, July 16. 1641. aggravating their offences in Diurnal Occurrences and Speeches.  same Parliament, December 21. Ian. 14: February 11. 1640. and July 6. 1641. Sir John Finch, than Lord Keeper, chief Justice Bramston, Judge Berkley, Judge●Crawley, chief Baron Davenport, Baron Weston, and Baron Turnour, were accused and impeached by the House o● Commons, by several articles transmitted to the Lords of High Treason, for that they had Traitorously and wickedly endeavoured to subvert the fundamental Laws and established Government of the Realm of England▪ and instead thereof to introduce an arbitrary and tyrannical Government against Law; which they had declared by traitorous and wicked words, opinions judgement, and more especially in this their extrajudical opinion subscribed by them in the case of ship-money, viz. We are of opinions that when the good and safety of the kingdom in general is concerned, and the whole kingdom in danger; your majesty may by wr●● under the great Seal of england (without consent in parliament) command all your subjects of this your kingdom, at their charge to provide and furnish such a number of ships, 
See ch. 2. Proposition 1.  with men victual and ammunition, and for such time as your Majesty shall think fit, for the defence and safeguard of the kingdom, from such danger and peril: and we are of opinion, that in such case, your Majesty is the sole Judge both of the danger and when, and how, the same is to be prevented and avoided; and likewise for arguing and giving judgement accordingly in Master John Hampdens' case, in the Exchequer Chamber, in the point of ship money in April 1638. which said opinions are Destructive to the fundamental Laws of the Realm, the subjects right of propriety; and contrary to former Resolutions in parliament, and the petition of right; as the words of their several Impeachments run. Sir John Finch fled the Realm to preserve his head on his shoulders some others of them died through fear, to prevent the danger soon after their Impeachments and the rest put to Fines, who were less peccant.  
12. Mr. John Pim, in his Declaration upon the whole matter of the Charge of High Treason against Thomas Earl of Stafford, 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 to subvert the fundamental Law of England, and to introduce an Arbitrary Power; to be High Treason, and an offence very heinous in the nature, and mischievous in the effects thereof; which (saith he) will best appear, if it be examined by that universal and supreme Law, Salus Populi: the element of all laws, out of which they are derived: the end of all laws, to which they are designed, and in which they are perfected.  
1. It is an offence comprehending other all offences. Here you shall find several Treasons, murders, rapines, Oppressions, Perjuries. There is in this Crime, a Seminary of all evils, hurtful 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 evil: betwixt just and unjust. 
〈◊〉.  If you take away the Law, all things will fall into Confusion; every man will become a law to himself, 
H●d are they not so now●▪  which in the depraved condition of human nature must needs produce many great enormities.* Lust will become a Law, 
Nota.  and Envy will become a Law, covetousness and Ambition will become laws; and what Dictates, what decisions such laws will produce, may easily be discemed 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 kinds of mischiefs and distempers will break it upon a State. It is the Law that doth the King to the allegiance and Service of his people: it entitles the people to the Portection and Justice of the King, &c. The Law is the Bondary, the measure betwixt the King's prerogative, and the people's liberty, whiles these move in their own Orb, they are a support and security to one another: but if these Bounds be so removed that they enter into contestation and conflict, one of these 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 peprogative it will turn into Anarchy. The Law is the safeguard, the custody of all private interests, your honours, your lives, your liberties, and 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 itself: THEY ARE A CONQUERED NATION (Let those who now say the same of England, as well as Scotland, and Ireland, consider and observe what follows,) There cannot be a word more pregnant and fruitful IN TREASON, than that word is, There are few Nations in the world, that have not been conquered, and no doubt but the conqueror may give what Laws he please, to those that are conquered. But if the succeeding Acts and agreements do not limit & 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 conqueror give laws 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 King's Person: and dangrous 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 causes of great Trouble and Alterations to Prince and State. If the Histories of those Eastern Countries be perused, where Princes order their affairs according to the mischievous Principles of the Earl of Straffords LOOSE and ABSOLVED FROM ALL RULES OF GOVERNMENT; they will be found to be frequent in combustions, full of Massacres, and of the tragical end of Princes. If any man shall look into our own Stories in the times, 
Nota.  when the Laws were most neglected, he shall find them full of Commotions, of Civil Distempers: whereby the Kings that then reigned were always kept in want and distress, the people consumed with civil wars; and by such wicked Counsels as these, some of our Princes have been brought to such miserable ends, As 
* Note this all whole Commons-house Opinion then.  no honest heart can remember without horror and earnest Prayer, that it may never be so again.  
3. As it is dangerous to the King's person and Crown, so it is in other respects very prejudicial to His Majesty, in honour, profit and greatness (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 virtue, whereby the prosperity of a Nation can only be procured, confirmed, and enlarged. It is not only apt to take away Peace, and so entangle the Nation with wars, but doth corrupt Peace, and powers such a malignity into it, as produceth the effects of war: both to the 
* Is 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 kingdom had been under the fury and rage of war. 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 King's coin; though but a piece of twelve pence or six pence, and must it not needs be the effect of GREATER TREASON to 
* And 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 Common wealth?  
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 kingdom, by the coming of a foreign 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 to come in this way, will be unready, uncertain; there can be no assurance of them, no dependence upon them, either for time or proportion. And if some money be gotten in such a way, the Distractions, the Divisions, Distempers, which this cause is apt to produce, will be more prejudicial to the public safety, than the Supply can be advantageous to it.  
6. This crime is contrary to the Pact and Covenant between the King and his people, by mutal 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; to 
* Was ever their power, violence so unlimited unbounded in all Kinds as now?  limit and restraeine the excessive power and violence of great Men: to open passages of Justice with indifference towards all.  
2. To preserve men in their Estates, to secure them in their Lives and Liberties.  
3. That virtue should be cherished, and vice suppress●d: but where Laws are subverted, and arbitrary and unlimited power set up; a way is open not only for the security, but for the Advancement and encouragement of evil. Such men as are 
* Is it not most true of late and still?  aptest for the execution and maintenance of this power are only capable of Preferment, and others, will not be Instruments of any unjust commands, who make conscience to do any thing against the Law of the kingdom, 
Nota.  and Libbeties of the Subject, are not only not passable for employment; but SUBJECT TO MUCH JEALOUSY and DANGER, (Is not this their condition of late and present times? expertus quor.)  
4. That all Accidents and events, all Counsels, and Designs, should be improved to the public good. But this arbitrary power is apt to dispose all to the maintenance of itself. And is it not so now?  
8. The Treasons of Subversions of the laws, violation of liberties can never be good or justifiable by any circumstance or occasion, being evil in their own nature, how specious or good so ever they be pretended. He allegeth it was a time of GREAT NECESSITY and DANGER, 
Nota.  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 evil Counsel had brought the King (as others the kingdom 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 design and endeavour of the author, 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 not others' Treasons of late times such, proclaimed such, in and by their own Printed Papers, and therein exceeding Straffords?  
10. As it is a crime Odious in the nature of it, so it is odious in the Judgement and Estimation of the Law. TO ALTER THE SETTLED FRAME AND CONSTITUTION OF GOVERNMENT IN ANY STATE. (Let those consider it who are guilty of it in the Highest Degree, beyond Strafford, Canterbery, or the Shipmoney Judges in our own State) The laws whereby all parts of a Kingdom: 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 should 
* And others, as well as he, of far inferior place and estate.  pay all these Forfeitures, will still be a Debtor to the Common wealth. Nothing can be more equal, then that he should perish by the Justice of the Law, which he would have subverted. Neither will this be a New way of blo●d. There are marks enough to trace this Law to the very original of this kingdom. And if it hath not been put in execution, as he allegeth this 240 years; it was not for want of Law, but that all that time had not bred a man 
* But 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 less liable to punishment, because he is THE 
* Since he hath many followers.  only 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 traitorously endeavoured to subvert the fundamental laws, Liberties of England and Ireland, and to introduce an arbitrary and Tyrannical Government against Law, as much as ever Strafford did, and out stripped him therein, (ever 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 conclusion, in capital punishments for the same, or endless Hellish Torments.  
The next Authority I shall produce in point is, The speech and declaration of Mr. Oliver St. John at a Conference of both Houses of Parliament, concerning shipmoney upon Judge Finches Impeachment of High Treason, January 14. 1640. printed by the Commons Orders, London, 1641. wherein he declares the sense of the Commons. p. 12. &c.  
That by the Judges Opinions (forecited) concerning shipmoney THE FUNDAMENTAL LAWS OF THE REALM CONCERNING OUR PROPERTY and OUR PERSONS ARE SHAKEN. Whose Treasonable Offence herein, he thus aggravates. p. 20. &c. The Judges, as is declared in the Parliament of 11 R. 2. are the Executors of the Statutes, and of the Judgements and Ordinances of Parliament. They have here made themselves the 
* Have none done so since them?  executioners OF THEM: they have endeavoured THE destruction OF THE fund AMENTALS OF our LAWS and LIBERTIES. Holland in the Low-Countries lies under the Sea: the Superficies of the Land, is lower than the Superficies of the Sea. It is capital therefore for any man to cut the Banks, because they defend the Country. Besides our own, 
See chap. 2. Proposition 1.  even foreign Authors, as Comines observes, That the Statute DE TALLAGIO, and the other old Laws are the Sea walls and Banks, which keep the Commons from the inundation of the Prerogative. These 
* Have not others' pioneers and Jasses done the like?  pioneers have not only undermined these Banks, but they have leveled them even with the ground. If one that was known to be Hostis Patriae, had done this, thought the damage be the same, yet the Guilt is less; but the Conservatores Riparum, the overseers instructed with the Defence of these Banks, for them to destroy them; the breach of Trust aggravates, nay altars 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 public Person, in things of great and public concernment, because 
* This is now grown a mere Paradox.  GREAT TRUST BINDS THE PARTY TRUSTED TO GREATEST CARE AND FIDELITY.  
It is TREASON in the Constable of Dover-Castle to deliver the Keys to the known enemies of the kingdom, because the Castle is the Key of the kingdom: whereas if the housekeeper of a private person, deliver possession to his Adversary, it is a crime scarce punishable by Law. The 
* What are they now of late times of public Changes?  Judges under his Majesty, are the Persons trusted with the Laws, and in them with the Lives, Liberties and Estates of the whole kingdom. This Trust of all we have, if primarily from his Majesty, and 
* See 27. H. 8. c. 24. 26. Magna Charta. c. 12. 26. 32. H. 3. c. 1. 3, 5. 9, 20▪ 3▪ E. 1. c. 44. 45, 46. 13▪ E. 1. 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.  in him delegated to the Judges. His Majesty at his Coronation is bound by his Oath TO EXECUTE JUSTICE TO HIS PEOPLE ACCORDING TO THE LAWS, thereby to assure the people of the faithful performance of his Great Trust: His Majesty again, as he trusts of 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 entrusted with this part of his majesty's Oath. If therefore the Judges shall do wittingly against the Law, they do not only break their own oaths, and therein the Common Faith and trust of the whole Ki●●dome, but do as much as in them lies, sperse and blemish the sacred Person of his Majesty with the odious and hateful fin of 
* Was it ever so frequent a sin as now in all sorts of late Judges officers Subjects?  Perjury.  
My Lords, the heinousness of this offence is most legible in the 
* Do none deserve as severe now?  severe punishment which formour 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 Cook's 3. Instit. p. 146, 147, and f.. 133 Hollished p. 284. 215. Speeds history p. 651. Stow Walsingham, Daniel in 18. Ed. 1.  Sir Thomas Wayland, Chief Justice of the Common-pleas, 17 E. 1. was attainted of Felony for taking bribes, and his Lands and goods forefeited, as appears in the Pleas of parliament, 18 E. 1. and he was banished the kingdom, as unworthy to live in the State against which he had so much offended. 
* See Cook's 3. Instit. p. 145.  Sir William Thorp Chief Justice of the King's Bench in Edward the thirds time, having of five persons received five several 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 Judgement is entered in the Roll in these words. Quia praedictus Wilielmus 
* Have none of thy, Name, or of his functian since done the like in an higher degree?  Throp qui Sacramentum Domini Regis erga populum suum habuit ad custodiendum, fugit malitiosè falsò & rebeliter, quantum in ipso suit, There is a notiable declaration in that Judgement, that this Judgement was not to be drawn into example, against any other officers, who should break their Oaths, but only against those, qui predictum Sacramentum fecerunt, & fregerunt, & 
* Let Custodes Legum & Libertatum Angliae remember it.  habent Leges Angliae ad custodiendum: That is only to the Judges Oaths, who have the Laws entrusted unto them. This Judgement was given 24. E. 3. The next year in Parliament 25 E. 3. Numb. 10. it was debated in Parliament, whether this Judgement was legal? Et nullo contradicente, is was declared, TO BE JUST AND ACCORDING TO THE LAW: and that the 
* Let the Repater and others considr● 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 Judge wittingly, to break his oath in any part of it. This oath of Thorp is entered in the Roll, and is the same verbatim with the judge's Oath in 18 E. 3. and is the same which the Judges now take. (And let those who have taken the same Oath, remember and apply this precedent, lest others do it for them.)  
Your Lordships will give me leave to observe the differences between that and the case in question.  
1. That of Thorp, was only a selling of the Law by Retail to those five persons; for he had five several bribes, of these five persons; the Passage of the Law to the rest of the Subjects for aught appears, was free and open. But these Opinions are a conveyance of the Law by wholesale, and that not to, but from the Subject.  
2. In that of Thorp, as to those five persons, it was not an absolute den●all of Justice, it was not a damning up, but a straightning only of the channel. For whereas the Judges ought Judicium reddere, that is, the Laws being THE BIRTHRIGHT and INHERITANCE OF THE subject, the Judge when the parties in suit demand judgement, should re● dare, freely restore the Right unto them; now he doth not dare, but vendere, with hazard only of perverting Justice; for the party that buys the Judgement, 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 Judgements that ever have been given in this Realm, witness the many hundred thousand pounds, which under colour of them have been levied upon the Subjects, amounting to 
* This is nothing in comparison to the late Taxes or Excises imposed on the Subjects, without a Parliament amounting to above 20 times as much as the King's Shipmo●y, and more frequent, uncessa●, and endless than it.  seven hundred thousand pounds and upwards, that have been paid unto the Treasurer of the Navy, (in sundry years) besides what the Subjects have been forced to pay sheriffs, Sheriffes-Bayliffes, (and now an hundred times more to Troopers, and soldiers, who forcibly levy their unlawful Contributions, and Excises) and otherwise; which altogether as is conceived, amounts not to less than a million (in five years' space, whereas now 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, attendance at the council Table, taking them from their necessary employments, in making Sesses, and Collections, and imprisonment of their persons (all now trebled to what then) I say besides what is past, to make our miseries complete, they have as much as in them is MADE THEM endless (as others since have done) 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, entitled, The Government of the commonwealth of England, &c. Artic. 1, 2, 3, 9, 10, 12, 22, 24, 25, 26, 27, 28, 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 Pharaoh's; but by this Lex Regia, there is a transaction made, not only 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 are not at all beholding TO THE LAW FOR IT, but are wholly cast UPON THE MERCY and goodness 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 less cause to complain: But it was done against our wills, and by those who were trusted, and that upon 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 from any Compliance with the enemy surrender it, This is TREASON, as was adjudged in Parliament, 1 R. 2. in the two Cases of Comines and Weston, and in the Case of the Lord Gray, for surrendering 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 Siege: and yet the loss of a Castle Joseph not the kingdom, only the place and adjacent parts, with trouble to the whole. But by the Opinions, there is a Surrender made of all our legal defence of Property: that which hath been preached is now judged; that there is no Meum & Tuum, between the King and people; besides that which concerns our Persons.  
The Law is the Temple, the Sanctuary, whether Subjects out to run for shelter and Refuge: hereby it is become Templum sine numine, as was the Temple built by the Roman Emperor, 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 fabric of the Temple still, but the 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 Privitive in these Opinions, there is somewhat positive. For now the Law doth not only not defend us, but the Law itself, (by temporizing Judges and Lawyers) is made the Instrument of taking all away. For whensoever his Majesty or his Successors, shall be pleased to say, that the good and safety of the kingdom is concerned, and that the whole kingdom 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 means, The Sanctuary is turned into a Shambles; the Forts are slighted, that so they might neither do us good nor hurt; 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 our own military Officers, soldiers, and others since, as well as the Ship money Judges then) Thus far Mr. Oliver St. John (by the Commons Order) whose words I thought fit thus to transcribe at large, because not only most pertinent, but seasonable for the present times; wherein as in a Looking glass, some pretended Judges and Grandees, of these present and late past times, may behold their own faces and deformities; and the whole Nation their sad condition under them. In the residue of that his printed Speech, he compares the Treason of the Ship-money Judges, and of Sir Robert Tresylium and his Complices in XI. R. 2. condemned and executed for traitors by Judgement in Parliament, for endeavouring to subvert the laws and statutes of the Realm by their illegal Opinions then delivered to King Richard at Nottingham Castle, not out of conspiracy, but for fear of death and corporal Torments wherewith they were menaced: whose 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 fundamental laws of our Nation, are the same in the Body politic of the Realm, as the Arteries, Nerves, Veins, are in, and to the natural Body, the Bark to the tree; the Foundation to the House: and therefore the cutting of them asunder, or their Subversion, must of necessity, kill, destroy, disjoin and ruin the whole realm at once: therefore it must be Treason in the highest degree. But I shall only subjoin here some material passages, in his Argument at Law, concerning the Attainder of high Treason of Thomas Earl of Strafford, before a Committee of both Houses of Parliament in Westminster Hall, April 29. 1641. soon after printed and published by Order of the Commons House: wherein p. 8. he lays down his Position; recited again, p. 64.  
That (Straffords) Endeavouring to subvert the fundamental laws and Government of England and Ireland, and instead thereof to introduce a tyrannical 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 citys to prove it, have been already mentioned, with some others he omitted; I shall therefore but transcribe his Reasons to evince it to be Treason, superadded to those alleged by him against the Ship money Judges.  
Pag. 12. It is a war against the King (Let our Military Officers and soldiers consider it) when intended. The alteration of the laws or Government in any part of them. This is a levying war against the King (and so Treason within the Statute of 25▪ E▪ 3.)  
1. Because the King doth maintain and protect the laws in every part of them.  
2. Because they are the King's laws. He is the Fountain from whence in their several 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 King's Peace for exorbitant offences; though not intended against the King's Person; against the King his Crown and dignity.  
Pag. 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 kingdom is Treason at the Common Law. If there be any Common Law Treasons at all left, NOTHING TREASON IF THIS NOT, TO MAKE A kingdom NO kingdom. Take the Polity and Government away, England's 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.  
Pag. 70, 71, 72. The horridness 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 kingdom, wherein The King as Head, your Lordships as the more Noble, and the Commons, the other Members are knit together in one body Polititick. This dissolved, 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 kingdom. It was made Treason by the Statute of 13. Eliz. for her time to affirm, That the laws of the realm do not bind 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. It's 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. It's felony to embezel any one of the judicial Records of the kingdom: THIS AT ONCE SWEEPS THEM ALL AWAY and FROM ALL. It's Treason to counterfeit a twenty shilling piece: here's a counterfeiting of the Law: we can call neither the counterfeit nor the true coin our own. It's 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 kingdom; No Law to punish it.  
My Lords, if the question were asked in Westminster Hall, whether this were a Crime punishable in Star Chamber, or in THE King's BENCH, by Fine or imprisonment? They would say, It were higher. If whether Felony? They would say, That is an offence only against the life or goods of some one, or few persons. It would I believe be answered by the Judges, as it was by the Chief Justice Thirning, 21 R. 2. That though he could not judge the Case TREASON there before him, yet if he were a Peer in Parliament; HE would SO ADJUDGE IT. (And so the Peers did herein Straffords, and not long after in Canterbury's Case, who both lost their heads on Tower Hill.  
I have transcribed these passages of Mr. Oliver St. John at large for five Reasons.  
1. Because they were the voice and sense of the whole House of Commons by his mouth; who afterwards owned and ratified them by their special Order for their publication in print, for information and satisfaction of the whole Nation, and terror of all others who should after that, either secretly or openly, by fraud or force, directly or indirectly, attempt the subversion of all, or any of our fundamental Laws, or Liberties, or the alteration of our fundamental Government, or setting up any arbytrary or tyrannical Power, Taxes, Impositions, or new kinds of arbitrary Judicatories, and imprisonments against these our laws and Liberties.  
2. To mind and inform all such who have not only equalled, but transcended Strafford and Canterbury in these their High Treasons, even since these Publications, Speeches, and their exemplary executions, of the heinousness, in excusableness, wilfulness, maliciousness, capitalness of their crimes; which not only the whole Parliament in generality, but many of themselves in particular, so severely prosecut, condemned, and inexorably punished of late years in them: that so they may bewail, repent of, and reform them with all speed and diligence, as much as in them lies. And withal, I shall exhort them seriously to consider that Gospel terrifying passage, Rom. 2. 1, 2, 3. Therefore thou art inexcusable O man, whosoever thou art that judgest; for wherein thou judgest another, thou CONDEMNEST thyself, FOR THOU THAT JUDGEST, dost 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 dost the same, that thou shalt escape the judgement of God.  
3. To excite all Lawyers, expecially 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 punished of former and latter times, in corrupt, cowardly time-serving, degenerate Lawyers and Judases, rather than Judges, to the disgrace of their Profession, and prejudice of the fundamental laws, Liberties, Rights, privileges of our Nation, Peers, Parliaments, subversion of the fundamental Government of this famous kingdom, whereof they are Members.  
4. To instruct those Jesuited Anabaptists, Levellers and their Factors (especially John Canne, and the rest of the Compilers, Publishers, Abetters of the Pamphlet entitled, Lieutenam Colonel Lilburn, tried and cast, and other forementioned publications:) who pro●es●edly set themselves by words, writing, Counsels and overt Acts to subvert both our old fundamental (and all other Laws) Liberties, customs, Parliaments and Government, what transcendent Malefactors, traitors and Enemies they are to the public, and what capital punishments, they may thereby incur, as well as demerit, should they be legally prosecuted for the same; and thereupon to advise them timely to repent of, and desist from such high Treasonable Attempts.  
5. To clear both myself and this my seasonable Defence of our fundamental laws, Liberties, Government, from the least suspicion or shadow of Faction, Sedition, Treason, and Enmity to the public peace, weal, settlement of the Nation, which those, (and those only) who are most Factions and sediditious, and the greatest Enemies, traitors to the public tranquillity, weal and establishment of our kingdom, (as the premises evidence) will be ready maliciously to asperse both me and it, with, as they have done some other of my writings of this nature; with all which, they must first brand Mr. St. John, Mr. Pym, the whole House of Commons, the last two, with all other Parliaments 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 kingdom's benefit and security.  
To these punctual full Jury of Records and Parliamentary Authorities in point, I could accumulat Sir Edward Cook his 3. Institutes, p. 9 printed and authorised by the House of Commons special Order, the last Parliament: The several Speeches of Mr. Hide, Mr. Walker, Mr. Pierpoint and Mr. Hollis; July 6. 1641. at the Lord's Bar in Parliament, by order of the Commons House, at the Impeachment of the shipmoney Judges of High Treason, printed in diurnal Oc●urrences, and speeches in Parliament, London 1641. p. 237. to 264. Mr. Samuel Brown's Argument at Law before the Lords and Commons at Canterbury's Attainder; all manifesting, their endeavouring to subvert the fundamental Laws and government of the Nation to be HIGH TREASON; with sundry other printed Authorities to prove, That we have fundamental Laws, Liberties, Rights, and a fundamental Government likewise, which ought not to be innovated, violated, or subverted upon any pretences whatsoever, by any power or prevailing Faction. But to avoid prolixity, (the double Jury of irrefragable and punctual Authorities already produced, being sufficient to satisfy the most obstinate Opposites formerly contradicting it) I shall only add three swaying Authorities more, wherewith I shall conclude this point.  
The first is a very late one, in a Treatise entitled, A true State of the Common wealth of England, Scotland and Ireland, and the Dominions thereunto belonging, in Reference to the late established Government, by a Lord Protector and a PARLIAMENT. It being the Judgement of DIVERS PERSONS, who throughout these late troubles, have approved themselves faithful to the Cause and interest of God, and their COUNTRY: presented to the public, for the satisfaction of others. Printed at London 1654. who relating the miscarriages of the last Assembly at Westminster, use these expressions of them, p. 13, 14, 16, 17, 21, 22. But on the contrary, it so fell out in a short time, that there appeared many in this Assembly of very contrary Principles to the interest aforesaid, which led them violently on to attempt and promote many things, the consequence whereof woul● have been: A Subverting of the fundamental Laws of the Land, the Destruction of Property, and an utter extinguishment of the Gospel. In truth their Principles led them TO A PULLING DOWN ALL AND ESTABLISHING NOTHING. So that instead of the expected settlement, they were running out into FURTHER ANARCHY and CONFUSION. As to the Laws and Civil Rights of the Nation, nothing would serve them, but A TOTALL ERADICATION OF THE OLD, and INTRODUCTION OF A NEW: and so the Good, Old Laws of England, (the Guardians of our Lives and Fortunes) established with prudence, and confirmed by the experience of many Ages and Generations: (The Preservation whereof, was a principal Ground of our late Quarrel with the King) having been once abolished, what could we have expected afterward, but an inthroning of Arbitrary Power in the Seat of Judicature, and an exposing of our Lives, our Estates, our Liberties, and all that is dear unto us, as a Sacrifice to the boundless Appetite of M●er Will and Power, &c.  
Things being at this pass, and the House (through these proceedings) 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 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 entrusted. Whereupon they justify their dissolution, and turning them forcibly out of doors by the soldiers, with shame and infamy; to prevent that destruction which thereby was coming on THE WHOLE LAND, but this New Powder Treason Plot, set on foot by the Jesuits and Anabaptiss, to destroy our Laws, Liberties, properties, Ministers, and Religion itself, at one blow, and that in the very Parliament House, where they had been constantly defended, vindicated, preserved, established in all former ages by all true English Parliaments.  
The second is, 
a See my Speech in Parliament. p. 100 to 108.  The Votes of the House of Commons, concerning a Paper presented to them, entitled An agreement of the people for a firm and present peace, upon grounds of Common Right 9 November, 1647. viz.  
Resolved upon the Question, That the matters contained in these Papers, Are destructive to the being of Parliaments, and to the fundamental Government of this kingdom,  
Resolved, &c. That a Letter be sent to the general and those Papers enclosed, together with the Vote of this House upon them; And that he be desired to examine the proceedings of this business in the Army (where it was first coined) and return an account hereof to this House.  
These Votes were seconded soon after with these ensuing votes, entered in the Commons journal, and printed by their special Order, 23. November, 1647.  
A Petition directed to the supreme Authority of England, the Commons in Parliament assembled, The humble petition of many Free born people of England, &c. was read the first and second time.  
Resolved upon the Question, that this petition is, A sedititious and contemptuous avowing and prosecution of a former petition and paper annexed, styled, an agreement of the people formerly adjudged by this House, to be Destructive to the being of Parliaments and fundamental Government of the kingdom.  
Resolved, &c. That Thomas Prince Cheesemonger, and Samuel Chidley, be forthwith committed prisoners to the Prison of the Gatehouse, there to remain prisoners during the pleasure of this House, for a Seditious avowing and prosecution of a former Petition, and Paper annexed, styled, An Agreement of the people, formerly Ajudged by this House to be destructive to the being of Parliaments and fundamental Government of the kingdom.  
Resolved &c. That Jeremy Jues, Thomas Taylor and William Larnar, be forthwith committed to the Prison of Newgate, there to remain Prisoners, during the pleasure of this House, for a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed, styled, An agreement of the people, formerly adjudged by this House, to be destructive to the being of Parliaments and fundamental Government of this kingdom.  
Resolved, &c. That a Letter be prepared and sent to the general; taking notice of his proceeding in the execution (according to the Rules of war) of a mutinous person (avowing and prosecuting this agreement in the Army contrary to these Votes) at the Rendezvouz near Ware; and to give him thanks for it: and to desire him to prosecute that business the to bottom; and to bring Such guilty persons as he shall think fit, to condign and exemplary Punishment.  
Resolved, &c. That the Votes upon the Petition and Agreement annexed, and likewise the Votes upon this Petition be forthwith printed and published.  
After which by a special Ordinance of both Houses of Parliament, 17 December, 1647. No person whatsoever, who had contrived, plotted, prosecuted or entered into that Engagement inti●uled The agreement of the people declared To be destructive to the being of Parliaments, and fundamental Government of the kingdom, for one whole year, was to be elected, chosen or put into the office or Place of Lord Mayor or Alderman, sheriff, Deputy of a Ward, or Common council man of the City of London; or to have a voice in the Election of any such Officer.  
All these particulars, with the capital Proceedings against White and others who fomented this Agreement in the Army, abundantly evidence the veriey of my foresaid Proposition, and the extraordinary guilt of those Members and soldiers, who contrary to their own Votes, Ordinances, Proceedings and Censures of others, have since prosecuted this, the like, or far worse Agreement, to the destruction of our ancient Parliaments and their privileges, and the fundamental Government, Laws and Liberty of our Nation, which I wish they would now sadly lay to heart.  
The third is the memorable Statutes of 3. Jacobi ch 1, 2, 4, and 5. Which relating the old Gunpowder Treason of the Jesuits and Papists, and their infernal, inhuman, 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 heinousness and transcendency thereof by this circumstance, That it was (as some of the principal Conspirators thereof confessed) purposely devised and concluded to be done in the said House, That where sundry necessary and Religious Laws for Preservation of the Church and State were made (which they falsely and standerously term, Cruel Laws enacted against them and their Religion) Both Place and Persons should be all destroyed and blown up at once: And by these dangerous consequences if it had not been miraculously prevented, but taken effect. That it would have turned to the utter ruin, overthrow and Subversion Of the whole State and commonwealth 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 traitors, and some of their Heads, Quarters, set up upon the Parliament House for terror of others. Even so let all other traitors, Conspirators against our Fundamental Laws, Liberties, Government, Kings, Parliaments, 
See Speeds History, p. 1250 and Mr. John Vica●'s History of the Gunpowder Treason, and the Arraignment of traitors.  and Religion, treading presumptuously in their Jesuitical footsteps, 
* Judges 5. 3●.  perish O Lord, but let them who cordilally love, and strenuously maintain them against all Conspirators, traitors, Underminers, Invaders whatsoever, be as the Sun when he goeth forth in his might: That the Land may have rest, peace, settlement again, for as many years at least, as it had before our late innovations, Wars, Confusions, by their restitution and establishment.  

CHAP. II.  
HAving thus sufficiently proved, That the kingdom, and Freemen of England, have some ancient, hereditary Rights, Liberties, Franchises, privileges, customs, properly called fundamental, as likewise a fundamental Government, no ways to be altered, under mined, subverted, directly or indirectly, under the guilt and pain of High Treason in those who attempt it; especially by Fraud, Force, or armed Power.  
I shall in the second place present you in brief Propositions, a Summary of the chiefest and most considerable of them, which our prudent Ancestors in former ages, and our latest real Parliaments, have both declared to be, and eagerly contested for, as fundamental and essential to their very being and well being, as a Free people, kingdom, republic, unwilling to be enslaved under any yokes of Tyranny or arbitrary power, that so the whole Nation may the more perspicuously know and discern them, the more strenuously contend for them, the more vigilantly watch against their violations, underminings in any kind, by any Powers, or Pretences whatsoever; and transmit, perpetuate them entirely to their posterities, as their best and chiefest inheritance.  
I shall comprise the sum and Substance of them all in these 9 Propositions; beginning with the Subjects Property, which hath been more frequently, universally invaded, assaulted, undermined by our Kings, and their evil instruments; and thereupon more strenuously, frequently and vigilantly maintained, 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 have been constantly defended, maintained, when impugned, or encroached upon by our Ancestors and ourselves.  
1. That no Tax, Tallage, Aid, Subsidy, custom, Contribution, Loan, Imposition, Excise or other assessment whatsoever, for Defence of the Realm by Land or Sea, or any other public ordinary, or extraordinary occasion, may or aught to be imposed, or levied upon all or any of the Freemen of England, by reason of any pretended or real Danger, Necessity or other pretext; by the Kings of England, or any other Powers, but only with and by their common consent and Grant, in a free and lawful Parliament duly summoned and elected: Except only such ancient, legal aids, as they are specially obliged to render by their Tenures, Charters, Contracts, and the Common Law of England.  
2. That no Freeman of England ought to be arrested, confined, imprisoned, in any private Castles, or remote, unusual Prisons under soldiers or other Guardians, but only in usual or Common Gaols, under sworn, responsible Gaolers, in the County where he lives, or is apprehended, and where his Friends may freely visit and relieve him with necessaries: And that only for some just, and legal cause expressed in the Writ, Warrant, or process, by which he is arre●●ed, or imprisoned; which ought to be legally executed by known, legal, responsible sworn Officers of Justice, not unknown military Officers, Troopers, or other illegal catchpoles, That no such Freeman ought to be denied bail, Mainprise, or the benefit of an Habeas Corpus, or any other Legal Writ for his enlargement, when bailable or incumpernable by Law; nor to be detained prisoner for any real or pretended Crime, not bailable by Law, then until the next general or special Gaol-delivery, held in the County where he is imprisoned; 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 Freeman may or aught to be outlawed, exiled, condemned to any kind of corporal punishment, loss of Life or Member, or otherwise destroyed or passed upon, but only by due and lawful process, Indictment, and the lawful trial, Verdict and judgement of his Peers, according to the good old Law of the land, in some usual Court of public Justice: not by and in a new illegal, Military, or other Arbitrary Judicatories, Committees, or Courts of High Justice, unknown to our Ancestors.  
3. That no Freeman of England, unless it be by special Grant and Act of Parliament may or aught to be compelled, enforced, pressed or arrayed to go forth of his own country (much less out of the Realm into foreign parts) against his will in times of war or Peace, or except he be specially obliged thereto by ancient Tenures and Charters; save only upon the sudden coming of strange enemies into the Realm, and then he is to array himself only in such sort, as he is bound to do by the ancient Laws and Customs of the kingdom still in force.  
4. That no Freeman of England, may or aught to be disinherited, disseised, dispossed or deprived of any inheritance, Freehold, liberty, custom, Franchise, chattel, Goods whatsoever without his own Gift, Grant, or free Consent, unless it be by lawful process, trial and judgement of his Peers, or special Grant by act of Parliament.  
5. That the old received Government, Laws, Statutes, customs, privileges, Courts of Justice, legal process of the kingdom and Crown ought not to be altered, repealed, suppressed, nor any new from of Government, Law, Statute, Ordinance, Court of Judicature, Writs, 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 kingdom's free and full 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 often as there is just occasion. That the Election of all Knights, Citizens, and Burgesses, to sit and serve in Parliament) and so of all other Elective Officers) ought to be free. That all Members of Parliament hereditary or Elective, aught to be present, and there freely to speak and vote according to their judgements and Consciences, without any overawing Guards to terrify them; and none to be forced or secluded thence. And that all Parliaments not thus duly summoned, elected whilst held, but unduly packed, and all Acts of Parliament fraudulently and forcibly procured by indirect means, aught to be nulled, repealed, as void, and of dangerous precedent.  
7. That neither the Kings nor any Subjects of the kingdom of England, may or aught to be summoned before any foreign 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.  
8. That all Subjects of the Realm are obliged by Allegiance and duty to defend their lawful Kings, Persons, Crowns, the Laws, Rights and privileges of the Realm, and of Parliament against all Usurpers, traitors, violence, and Conspiracies. And that no Subject of this Realm, who according to his duty, and Allegiance shall serve his King in his wars, for the just defence of him and the Land, against foreign enemies or Rebels, shall lose or forfeit any thing for doing his true duty, service, and Allegiance to him therein; but utterly discharged of all vexation, trouble, or loss.  
9 That no public war by Land or Sea ought to be made or levied with or against any foreign Nation, or public Truce or League entered into with foreign Realms or States, to bind the Nation, without their Common advice and consent in Parliament.  
10. That the ancient, Honours, Manors, Lands, Rents, Revenues, Inheritances, Right, and perquisites of the Crown of England, originally settled thereon for the Ease & Exemption of the people from all kind of Tax●s, payments whatsoever (Unless in cases of extraordinary necessity) and for defraying all the consant, ordinary, expenses of the kingdom, (as the expenses of the King's household, Court, Officers, Judges, ambassadors, garrisons, Navy and the like) ought not to be sold, alienated, given away or granted from it, to the prejudice of the Crown and burdening of the people. And that all Sales, Alie nations, Gifts, or Grants thereof, to the impairing of the public Revenue, or prejudice of the Crown and people, are void in Law, and aught to be resumed, and repealed, by our Parliaments and Kings, as they have frequently been in all former ages.  
For the Readers fuller satisfaction in each of these propositions (some of which I must show here, but briefly touch, for brevity sake, having elsewhere fully debated them in print) I shall specially recommend unto him the perusal of such Tracates, and Arguments formerly published, wherein each of them hath been fully discussed, which he may peruse at his best leisure.  
The first of these fundamentals (which I intend principally to insist on) is fully asserted, debated, confirmed by 13. H. 4. f. 14. By Fortes●ue Lord Chief Justice, and chancellor of England, de laudibus Legum Angliae, dedicated by him to King Henry the 6 f. 25. c. 36. f. 8●. By a learned and necessary Argument against impositions in 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 Hutton's Arguments concerning shipmoney both printed at London 1641. By the Case of shipmoney briefly discussed London, 1640. by Mr. St. John's Argument, and Speech against shipmoney, printed at London, 1641. By Sir Edward Cook in his 1. Institutes, p. 46. and 57 to 64. and 528. to 537. By the 1. and 2. Remonstrance of the Lords and Commons in Parliament, against the Commission of Array. Exact Collection p. 386. to 398. and 850. to 890. and by my own Humble Remonstrance against shipmoney, London, 1643. The fourth part of the sovereign power of Parliaments and kingdoms, p. 14. to 26. and my legal Vindications of the Liberties of England against illegal 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 la●gely debated and confirmed by a Conference desired by the Lords, and had by a Committee of both Houses, concerning the Rights and privileges of the Subject, 3. Ap●ilis, 4. Ca●ol●printed at London 1642. By Sir Edward Cook in his Institutes on Magna Charta. c. 29. p. 45. to 57 By the 1. and 2. Remonstrance of the Lords and Commons against the Commission of Array, Exact Collection p. 386. &c. 850. to 890. By Judge Crooks', and Judge Hutton's Arguments against shipmoney: By Sir Robert Cotton his Posthuma p. 222. to 269. By my Breviate of the Prelates encroachments on the King's Prerogative, and Subjects Liberties. p. 138. &c. My new discovery of the Prelates tyranny, p. 137. to 183. and some of the ensuing Statutes, and Records.  
The fifth and sixth of them are fully cleared and vindicated in and by the Prologues of all our Councils, Statutes, Laws, before and since the Conquest. By Sir Edward Cook's 4. Institutes ch. 1. Mr. crompton's Jurisdiction of Courts. Title, High Court of Parliament: My sovereign power of Parliaments and kingdoms, p. 1, 2, 3, 4. My Legal Vindication against illegal Taxes, and pretended Acts of Parliament, London 1649 Prynne the Member, reconciled to Prynne the barrister, printed the same year. My historical Collection of the ancient great Councils of the Parliaments of England. London 1649. My Truth triumphing over falsehood, Antiquity over Novelty. London 1645. 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 Cook's 1. Institutes, p. 97, 98. 4. Institutes p. 89. and 5. Report Cawdries Case of the King's ecclesiastical laws: and Rastal's Abridgement of Statutes. Tit. Provisors, Praemunire and Rome, 11. H. 7. c. 1. and other Records and Statutes in the ensuing Chapter.  
The eighth and ninth are fully debated in my sovereign Power of Parliaments and kingdoms, Part. 2. p. 3. to 34. Part fourth, p. 162. to 170. and touched in Sir Robert Cotton's Posthuma p. 174. to 179.  
How all and every of these fundamental Liberties, Rights, Franchises, laws, have been unparalelledly violated, subverted, in all and every particular of late years beyond all precedents in the worst of former ages, even by their greatest pretended Propugners; their own printed Edicts, Instruments, Ordinances, Papers, together with their illegal oppressions, Taxes, Excises, Imposts, Rapines, violences, Proceedings of all kinds, (whereof I shall give a brief account in its due place) will sufficiently evidence, if compared with the premised propositions. Which abundantly confirm the truth of our saviour's words, John 10. 1. 10. and this rule of Johannis Angelius, Wenderhagen: Politicae Synopticae. lib. 3. c. 9 sect. 11. p. 310. Hinc Regulae loco notandum, Quod omne Regnum Vi Armata acquisitum in Effectu Subdit is Semper in durioris Servitutis conditiones arripiat, licet à principio Ducedinem prurientibus 〈◊〉 videatur. Ideo cunctis hoc cavendum, Nè temrè 〈◊〉 patiantur.  
FINIS.