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A56227 A seasonable, historical, legal vindication and chronological collection of the good old fundamental liberties, franchises, rights, laws of all English freemen ...; Seasonable, legal, historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all English freemen. Prynne, William, 1600-1669. 1654 (1654) Wing P4122; ESTC R13248 47,108 63

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upon all or any of the Freemen of England by reason of any pretended or reall Danger Necessity or other pretext by the Kings of England or any other Powers but onely with and by their common consent and Grant in a free and lawfull Parliament duly summoned and elected Except onely such ancient legall Ayds 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 unusuall Prisons under Souldiers or other Guardians but onely in usuall 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 onely for some just and legall cause expressed in the Writ Warrant or Processe 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 illegall Catchpols 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 reall or pretended Crime not bailable by Law then untill the next Generall or Speciall 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 deniall or delay of Right and Justice And that no such Freeman may or ought to be outlawed exiled condemned to any kind of corporall punishment losse of Life or Member or otherwise destroyed or passed upon but onely by due and lawfull Processe Indictment and the lawfull Triall Verdict and Judgment of his Peers according to the good old Law of the land in some usuall Court of Publick Justice not by and in a new illegall Military or other Arbitrary Judicatories Committees or Courts of High Justice unknown to our Ancestors 3. That no Freeman of England unlesse it be by Speciall Grant and Act of Parliament may or ought to be compelled enforced pressed or arrayed to go forth of his own Countrey much lesse out of the Realm into forreign parts against his will in times of Warre or Peace or except he be specially obliged thereto by ancient Tenures and Charters save onely upon the sudden coming of strang enemies into the Realm and then he is to array himself onely in such sort as he is bound to do by the ancient Laws and Customs of the Kingdome still in force 4. That no Freeman of England may or ought to be disinherited disseised dispossed or deprived of any inheritance Freehold liberty Custome Franchise Chattle Goods whatsoeuer without his own Gift Grant or free Consent unlesse it be by lawfull Processe Triall and Judgment of his Peers or speciall Grant by act of Parliament 5. That the old received Government Laws Statutes Customes Priviledges Courts of Justice legall Processe of the Kingdome and Crown ought not to be altered repealed suppressed nor any new from of Government Law Statute Ordinance Court of Judicature Writs or legall Proceedings instituted or imposed on all or any of the Free men of England by any Person or Persons but onely in and by the Kingdomes free and full Consent in a lawfull Parliament wherein the Legislative Power solely resides 6. That Parliaments ought to be duly summoned and held for the good and safety of the Kingdome 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 ought to be present and there freely to speak and vote according to their judgements and Consciences without any over-awing Guards to terrifie 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 ought to be nulled repealed as void and of dangerous president 7. That neither the Kings nor any Subjects of the Kingdome of England may or ought to be summoned before any Forreign Powers or Jurisdictions whatsoever out of the Realm or within the same for any manner of Right Inheritance Thing belonging to them or Offence done by them within the Realm 8. That all Subjects of the Realm are obliged by Allegiance and duty to defend their Lawfull Kings Persons Crowns the Laws Rights and Priviledges of the Realm and of Parliament against all Usurpers Traytors violence and Conspiracies And that no Subject of this Realm who according to his duty and Allegiance shall serve his King in his Warres for the just defence of him and the Land against Forreign enemies or Rebels shall lose or forfeit any thing for doing his true duty service and Allegiance to him therein but utterly discharged of all vexation trouble or losse 9. That no publick Warre by Land or Sea ought to be made or levied with or against any Forreign Nation or Publick Truce or League entred into with Forreign 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 unlesse in cases of extraordinary necessity and for defraying all the consant ordinary expences of the Kingdome as the expences of the Kings houshold Court Officers Judges Embassadors Garisons 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 empairing of the publick Revenue or prejudice of the Crown and people are void in Law and ought to be resumed and repealed by our Parliaments and Kings as they have frequently been in all former ages For the Readers fuller satisfaction in each of these propositions some of which I must shew here but briefly touch for brevity sake having elsewhere fully debated them in print I shall specially recommend unto him the perusall of such Tracates and Arguments formerly published wherein each of them hath been fully discussed which he may peruse at his best leasure The first of these Fundamentalls which I intend principally to insist on is fully asserted debated confirmed by 13. H. 4. f. 14. By Fortes●ue Lord Chief Justice and Chancellour 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
grievous because they have been pursued by imprisonment contrary to the Franchises of this Land c. which the Commons House proved by many Statutes and Records in all Ages in that Conference to the full satisfaction of the Lords House since published in print The seventh is The Vote of the a whole House of Commons 16. December 1640. Nullo contradicente entred in their Journal and printed in Diurnal Occurrences p. 13. That the Canons made in the Convocation Anno 1640. ARE AGAINST THE FUNDAMENTAL LAWS OF THE REALM the Property and Liberty of the Subject the Right of Parliament and contained divers things tending to Faction and Sedition The eighth Authority is b 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 extream danger and of his Majesties refusal the Ordinance agreed on by both Houses for the Militia doth oblige the people and ought to be obeyed by THE FUNDAMENTAL LAWS OF THIS KINGDOM A very vain false absurd and delusory Vote if there be no such Laws as some now affirm The ninth punctual Authority is a 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 Kingdome And that the power which he hath to grant it by the Common Law is not taken away by the Petition of Right or any former Statute but the King notwithstanding any of them may charge the Subjects for defence of the Kingdome so as the charge imposed come not to himself nor to his particular advantage These Grounds thus laid extend not to the Commission of Array alone but to all other Charges that his Majestie 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 Majestie by the Common Law may charge his Subjects to finde Arms and other things in the Commission enjoyned because they are for Defence of the Kingdom by the same reason of Law he may command his people to build Castles Forts and Bulworks and after to maintain them with Garisons Arms and Victuals at their own charges And by the same reason he may compel his subjects to finde Ships and furnish them with Men Ammunition and Victuals and to finde Souldiers pay Coat and Conduct-Money provide Victuals for Souldiers and all other things NECESSARY FOR AN * ARMY these things being as necessary for Defence as any thing that can be done in execution of this Commission And for that exposition of the Petition of Right and other Statutes therein noted if it should hold doth it not overthrow as well the Petition it self as all other Lawes that have been made for the Subjects benefit against Taxes and other Charges either in this or any other Parliament These Positions thus laid down and maintained DO SHAKE THE FUNDAMENTAL LAWS OF THE KINGDOM THE ANCIENT BIRTH-RIGHT OF EVERY SUBJECT both for THE PROPERTY OF HIS GOODS AND LIBERTY OF HIS PERSON Nay they strike at the root of Parliaments What need his * Majesty call Parliaments to provide for Defence of the Realm when himself may compel his Subjects to defend it without Parliaments If these grounds should hold what need the Subjects grant Subsidies in Parliament for Defence of the kingdom in time of real danger if the king for defence at any times when he shall only conceive or pretend danger may impose Charges upon his Subjects without their consent in Parliament Upon that which hath been said in this and our former Declaration we doubt not but all indifferent men will be satisfied that this Commission of Array is full of danger and inconvenience to the Subjects of England AND AGAINST THE FUNDAMENTAL LAWS OF THE LAND both for PROPERTY OF GOODS AND LIBERTY OF PERSON c. 2. As it is against THE FUNDAMENTAL LAWS OF THE REALM so no Statute makes it good c. And the Lords and Commons do upon the whole matter here conclude that they are very much aggrieved that after so many Declarations and solemn Protestations made by his Majesty to rule by the known Laws of this Land his Majesty by advice of his ill-Councellors should be perswaded to set such a Commission on foot which is so clearly contrary TO THE FUNDAMENTAL LAWS OF THIS LAND the Right of Property and Liberty of the Subject contrary to 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 Kings Commissions of Array to the Fundamental Laws of the Land four times together so stiled and insisted on as such in this one Declaration of both Houses the Right of Property of the Subject contrary to former Resolutions and the Petition of Right yea which is most abominable to their own Declarations Remonstrances Votes Protestations Vows Solemn Leagues and Covenants in Parliament to their own eternal Infamy as well as the peoples intolerable oppression and Slavery who thereupon may justly conclude and protest against them as both Houses did in the close of that Declaration against the Array viz. * And the Lords and Commons do and shall adhere to their former Votes and Resolutions That all those that are Actors in putting of this Commission of Array in execution shall be esteemed disturbers of the Peace of the Kingdome and the Properties and Liberties of the Subject The tenth evidence is a 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