Legacy I can leave behind me to my Native Country and the whole English Nation whose real Liberty VVeal Tranquillity Prosperity next to Gods glory and the safety of our endangered Church and Religion hath been the sole scope end of this and all other his publications who though ingratefully despitefully requited for most of them would repute it his greatest infelicity to be enforced or hear other Cordial State-Physicians compelled now at last to say of England as Gods people once did of Babylon Jer. 51. 8 9 10. Babylon is suddenly fallen and destroyed howle for her take balm for her pain If so be she may be healed VVe would have healed Babylon but she is not healed forsake her and let us go every one into his own Country for her judgment reacheth unto Heaven â—… and is lifted up even to the Skies Yet the Lord hath brought forth our righteousnesse as he hath maugre all Enemies Oppositions Slanders the righteousnesse of him who desires thy kind acceptation of this Breviary and prayers for Gods blessing upon this and all other his real endeavours for sick desperately-wounded Englands cure Swainswick Septemb. 6. 1656. William Pâ—…nne A Summary Collection of the principal fundamental Rights Liberties Properties of all English-Freemen c. THe Liberty of the Subjects Persons having in the three first years of our late King Charles his Reign been very much invaded endangered undermined 1. By Imprisonment of their Persons by the Lords of the Council without any special Legal cause assigned in the Warrants for their commitment but only the Kings command 1. By honorable banishments upon pretence of forein imployments 3. By confinements to particular places 4. By remanding and not bayling them by the Judges upon Habeas Corpora sued forth by them 5. By Commissions for Trials of Souldiers and others for their live by Martial Law in times of peace when other Courts of Justice were open and the like The properties of their Goods and Estatâ—…s being likewise much encroached upon and in a great measure subverted 1 By forced Loans and contributions 2. By Lieutenants and Deputy-Lieutenants exorbiâ—… Powers and new rates taxes imposed on and forced from them without grant in Parliament for billeting Souldiers and quartering Souldiers in mens Housesâ—… against their wills till they paid those rates 3. By exacting Tunnage Poundage New customes and impositions without special grant and act of Parliament 4. By an intended Commission of Excise never put in execution and other particulars of like nature And the Liberty of their Free-elections much impeached by Lieutenants and others Letters menaces summoning of trained Bands to elections and the like indirect courses Whereupon the Parliament begun on Monday 17 Martil 3 Caroli in the year of our Lord 1627 to vindicate these their infringed Liberties properties freedomes and preserve them from future violations of this nature after many learned Arguments by Sir Edward Cook Mr. Noy Mr. Selden Mr. Littleton Mr. Masen Mr. Creswel Mr. Shervile Mr. Sherland Mr. Bancks Mr. Rolls Mr. Ball with other Lawyers and able Members of the Commons House passed their 〈◊〉 Votes against them Nemine centradicente fit now to be revived re-established after more dangerous avowed publick Violations of our hereditary Fundamental Liberties Properties by the greatest pretended Military and civil Champions for and Patrons Assertors and Protectors of them than any in former ages as the probablest means under God then and now to cure the mortal distempers and repair the sad divisions 〈◊〉 desolation of our Land (a) Resolved upon the Question 1. That * no Freemau ought to be committed deteined in Prison or otherwise restrained by command of the King or privy Council or any other unless 〈◊〉 cause of the commitment restraint or deteiner be expressed for which by Law he ought to be committed deteined or restrained 2. That a Writ of Habeas Corpus may not be denied but ought to be granted to every man that is committed or deteined in Prison or otherwise restrained â—… although it be by command of the King or Prioy Councill or any other he praying the same 3. That if a Freeman be committed or deteined in Prison or otherwise 〈◊〉 by command of the King or Privy Council or any other no cause of such commitment deteiner or restraint being expressed forthwith for which by Law he ought to be committed restreined or detained and the same being returned 〈◊〉 an Habeas Corpus granted for the same party that then he ought to be delivered or bayled 4. (b) That no Freeman ought to be confined to his House or any other place by any commaud of the King or Privy Council or any other unless it be by * Act of Parliament or by other due course or Warrant of Law 5. (c) That the Commission for martial Law and all other of such nature to be executed within the Land at such times as were appointed by this Commission then questioned to wit in times of peace when the Kings Courts of Law were open and other Legal trials might be had by Juries in Courts of Iustice are against the Law 6. That †billetting and placing of Souldiers or any other person in the House of any Freeman against his will is against the Law 7. (d) That it is the * antient and undoubted Right of every Freeman that he hath a full and absolute propriety in his goods and Estate And that no taxes Tallages loan bonevolence or other charge ought to be commanded imposed or levyed by the King or his Ministers without commou consent by Act of Parliament All which Votes were drawn up and inserted intoâ—… the Petition of Right assented to by the Lords and at last by the King himself in his Answer to that petition as the antient Fundamental Rights and Liberties of all English Freemen And therefore after all our late Parliamentary and Military contests wars for their defence fit to be confirmed ratified by all sorts of Domestick waies and policies by which the great Charter was * antiently confirmed and all violations of them exemplarily punished without any further argument or debate being indisputable principles and foundations whereon all our Liberties Properties as English Freemen are bottomed To which end I would advise that all Civil and Military Officers whatsoever as well Supreme as subordinate all Members of Parliament Barresters Attornies Graduates in our Universities Steward of Leets and Court Barons throughout 〈◊〉 Dominions should from time to time upon and at their investitures into their several Offices Trusts or taking their Degrees be corporally sworn To defend and maintain the Great Charter of England the Petition of Right and other Fundamental Lawes of this Land together with the antient undoubted Rights and Liberties of our English Parliaments according to their late Protestation and Solemn League and Covenant And that all Justices of 〈◊〉 Judges and Justices of the Peace should specially be sworn at every Assizes and Sessions of
the Peace in their respective Circuits Counties Corporations and the Justices of the Kings Bench every Term amongst other Articles to the Grand Iury to give them in charge upon their Oaths diligently to inquire of and present all Offences Exactions Oppressions Taxes Imposts and 〈◊〉 whatsoever against the Great Charter the Petition of Right and other Good Lawes for the preservation of the Liberty Right and Property of the Subject by any person or persons to the end that they may be exemplarily punished according to Law by Fines Imprisonments or otherwise as theâ—… quantity and quality of the Offences deserve It being the * Advice Desire Proposition and Petition of the whole Commons house first and after of the Lords and Commons house joyntly to King Charles in his last Parliament to which he readily assented though never since put into actual execution which is now most necessary to be effectually accomplished for the future having been so long neglected After these Votes and the Petition of Right passed several Impositions upon Wines Currans Tobacco Beer and the taking of Tonnage and Poundage without Act of Parliament being complained of it was by special Votes and Declarations of the Commons House resolved and declared in the same Parliament 8. (e) That the receiving of Tunnage and Poundage and other Impositions not granted by Parliament it * a breach of the fundamental Libberties of this 〈◊〉 and contrary to his Majesties Regal answer to the Petition of Right And those declared Publick Enemies who should thenceforth collect or pay any Customes Tunnage Poundage or Imposts not granted by act of Parliament which was since enacted and declared for Law in the (f) two 〈◊〉 acts for Tunnage and Poundage in the last Parliament of King Charles and all those in a Premunire and disablea to sue in any Court of Justice who shall presume to levy the same without Act of Parliament The case of all Customers Excisemen and their Instruments at this present fit to be made presidents in this kind for the terror of others 9. A Commission from the King under the Great Seal of England directed to 33 Lords and privy Counsellors dated the last of Febr. 3 Caroli stiled (g) a Commission of Excise was complained of and brought into the Commons House and there read which commanded them to 〈◊〉 〈◊〉 by Impositions or otherwise as they in their wisdoms should find convenient forâ—… the safety and defence of the King Kingdom and People the Kings Protestant Friends and Allies which without hazard of all could admit no delay the necessity being so inevitable that form and circumstances must rather be dispensed with than substance lost Injoyning the Commissioners to be diligent in the service as they tendred the safety of his Majesty and of his People Dominions and Allies This Commission of Excise by the unanimous Vote and judgement of the Lords and Commons was resolved to be against Law and contrary to the Petition of Right And thereupon was cancelled as such in his Majesties presence by his own command and was brought cancelled to the Lords House by 〈◊〉 Lord Keeper and by them afterwards sent to the Commons and the Warrant with all 〈◊〉 of it were cancelled and ordered by the Commons that the Prejector of it should be found out and punished Which judgement (h) was thrice recited confirmed and insisted on by the Lords and Commons and some in greatest present power the last Parliament of King 〈◊〉 in printed Speeches and Declarations And if this intended Commission of Excise though never 〈◊〉 was thus frequently damned as 〈◊〉 intollerable and monstrous Grievance against our Laws Properties and the Petition of Right How much more are all present Orders Commissions Warrants for the actual imposing and levying all sorts of Excises on such without any act of 〈◊〉 X. The Commons House in that Parliament upon solemn Argument and Debate concluded That by the Laws of th is Realm none of his Majesties Subjects ought to be impressed or compelled to goe forth of his County to serve as a Souldier in the Wars except in case of necessity of the sudden comming in of strange Enemies into the Kingdom or except they 〈◊〉 otherwaies bound by the Tenures of their Lands or possessions Nor 〈◊〉 sent out of the Realm against his Will upon any foreinâ—… imployment by way of an honorable banishment Which Resolution in the last Parliament of King Charles was 〈◊〉 and declared to be the Law of the Land and fundamental Liberty of the Subject by the (i) Act for impressing Souldiers for Ireland by two D clarations of the Lords and Commons against the Commission of array and assented to by the King in his answer thereunto All which unanimous Votes Resolutions of both Houses having been 〈◊〉 ratified in two several Parliaments in King Charles his Reign whereof some in present Power were Members and enacted by several Statutes assented to by King Charles himself it must needs be the extremity of Impudency Tyranny Treachery Impiety Perjury Barbarism for any who have formerly contested with him in our Parliaments or in the open field for all or any of these premised Fundamental Rights and Liberties of all English Freemen and who vowed protested covenanted remonstrated again and again before God and all the World inviolably faithfully constantly to defend them with their Lives and Fortunes all their daies in their several places and callings and who beheaded him as the Greatest 〈◊〉 together with Strafford and C 〈◊〉 for infringing them to oppose contradict violate 〈◊〉 infringe them all in a more transcendent publike manner than he or his worst Ministers formerly have done and now not really chearfully to corroborate defend transmit them to posterity in full vigor by all good wayes and corroborations that possibly can be devised without the least opposition and dispute to make the Nation free and their own posterity together with it XI After the Petition of Right had passed the Commons House and was transmitted to the Lords the House of Lords desired that this Clause might be addedâ—… to the close thereof We humbly present this Petition to your Majesty not only with a Care of Preservation of our own Liberties but with a due regard to leave intire that Soveraign Power where with your Majesty is trusted for the Protection Safety and Happinesse of your People The Commons aâ—…ter a long and full Debate resolved That this Saving ouâ—…ht to be rejected and by no means to be added to this Petition though very Specious in shew and words for that it would be destructive to the whole Petition and would leave the Subjects in farre worse condition than it found them For whereas the Petition recites That by the Great Charter and other Laws and Statutes of this Land No Loan Tax Tallage or other Charge ought to be imposed on the Subjects or levyed without common consent by Act of Parliament Nor any Freeman of this Realm imprisoned
〈◊〉 〈◊〉 〈◊〉 〈◊〉 Subsâ—… Tunage and 〈◊〉 as their free Gifts and Grants in Parliament and that in moderate proportions to wit one Fifteen Tenth or Subsidy and no more in antient times and but two or three Subsidies and Fiâ—…s of later daies payable at sundry times in divers years for which our Kings returned them hearty thanks in their Answers to those Grants and granted them New (2) (2) 〈◊〉 〈◊〉 c. 37 52 H. 3. â—…5 25 E. 3. c. 1 2. c. 28 H. 8. c. 1. 〈◊〉 Paâ—…is Hist. Angliâ—… 311. 355. 36â—… 421. 576. 624. 688. 838. 833. 338. 940 941. 960. Confirmations of their Laws Liber â—…ies and the Grâ—…t Charter when violated together with beneficial General Pardons in recompence of these their Aids and Subsidies though for publick uses and defence which they never claimed nor imposed in the Clergy or 〈◊〉 but by their several free Grants in full and free Parliaments and Convocations of the Clergy as all our Parliament Rolls our imprinted Acts Histories and (3) (3) 4 〈◊〉 c. 1. p. 〈◊〉 25 to 35. Sir Edward Coâ—…k at large inform us Do not these our New Military Reforming Soveraigns as if they were more than Kings without any free gift grant or Act of Parliament in a full and free Parliamentary Assembly by their own New usurped Power without any thanks at all to the People or confirmation of their violated Laws Liberties Privilges or general Pardons against all former Acts and Parliamentary Votes impose both on the Clergy and Laity against their Wills beyond all Presidents of former ages what excessive heavy monthly Taxe s Excises impoâ—…s tunnage poundage and other payments they please upon the whole Nâ—…tion without intermission which their new-modelled Parliaments themselves must nor alter nor controll by the 27 28 29 Articles of their Instrument and levy them by armed Souldiers Violence imprisonments quartering and other great penalties fines inflicted on the Refusers of them and dispose of them at their pleasùres when levied without giving any account thereof to the Nation yea force them to pay their contributions some months before they grow due when no Lâ—…nd lord can receive his Rents nor Creditor his debts to pay these Taxes till at or after the time they become due And all to enslave impoverish the Nation to carry on new Wars without consent of Parliament and gain new Conquests abroad whiles in the mean time our Merchants are robbed undone our trading decayed by these taxeâ—… warâ—… and for want of well-guarding the Seas at home And not content with these ordinâ—…ry Monthly coâ—…tributions excises imports have not these Refarmers without any legâ—…l Trial hearing conviction of New Delinquency (g) (g) See my Gospel plea for the Ministers of the Gospel oft endeavouring to take away all Ministers Tithes though due unto them Jure divino as well aâ—… by the Laws of the Land exacted the 〈◊〉 of all formerly sequestred persons their heirs and Widowsâ—… estates improv'd according to the best improv'd value by a late Decimation for which there is no divine nor â—…uman Law or Right notwithstanding all former compositions Pardons under Seal Articles of War their own Act of Oblivion their late instrument of Government and oath for 〈◊〉 observance besides all our anâ—…ient Laws exempting them there from yea notwithstanding this sacred Canon Ezech. 18. 20. The Son shall not bâ—…ar the iniquity of the Father with this Maxim in our Law Transgressio personalis moritur cum persona when as yet many Sons yea some Infants are merely decimated 〈◊〉 their Fathers and Wives 〈◊〉 Dowers charged for their Husbands 〈◊〉 Nay which is yet more barbarous illegal hundreds of Orthodox able godly learned Protestant Ministers of our Church without any hearing or crime at all for their former expiated pardoned mistake in being addicted to the late Kings party are not only turned out of all their livings lectures fellowships schools at once but likewise prohibited to preach teach School in publike or private or to be entertained as Chaplains in private Houses to support themselves wives children or to administer the Sacrament or mary any under pain of imprisonment banishment And may not all our other Protestant Orthodox Ministers School Mastâ—…rs Scholars be thus 〈◊〉 down and suppressed at once by the like club-law and justice of which this President is a very sad presage Moreover do not these Reformers seise mens Horses Arms Swords fouling birding pieces yea the very Armorets Chandlâ—…rs Arms and Ammuntion though their stock wares trade livelihood at their pleasures upon every pretended plot fear jealousie Yea do not Souldieâ—…s Excise-men and their agents break open search ransack mens Housâ—…s Studies Trunks Chests both by day and night anâ—… take away their Goods Chattels yea their Writâ—…ngs ' Records Papers as they (h) (h) See my Nâ—…w Discovery of 〈◊〉 〈◊〉 did mine â—…t thâ—…ir pleasures against all Law and many late Parliamentâ—… Votes Nay have not they forced thousands of all sorts to enter into great penal Bonds of late with sureties both for themselves and all their Servâ—…nts containing strange unheard-of (i) (i) Adjudged illegal 1 â—… 3. c. 15. and 1 E. 3. 〈◊〉 2 3 4. illegall Conditions and forced them to pay some 10â—… others 5 â—… others 2 â—… 6 d. for every Bond an unparalleld oppression though many of them not worth so much under pain of Imprisonment sequestration and banishment in case of refusal to â—…mit all other extorted fees by Marshals Lieutenants Officers of the Tower and others â—…rom Prisoners by Souldiers for levying pretended arrears of Taxes and of Exâ—…ise-men and their Instruments And are not these more grievous abuses fit to be redressed than any coruptions excesses fees in Lawyers or our Laws No private Person or Lawyers can take one farthing from another against his will nor do the least prejudice to his reall or personal estate against Law but he may have present remedy for it But these New Reformers by Excises Imposts Contributions Decimations Sequestrations and new-invented forfeitures can forcibly extort and levy some Millions of pounds from the whole Nation every year against their wills all our Laws yea strip whole families of their Inheritances without any remedy by Law or otherwise yet this must be no grievance or injustice at all in them though the Highest Treason and unpardonable crying offences in Strafford Canterbury the old Council-Table and beheaded King but a most righteous proceeding necessary to be still pursued if not now established by a New Law inabling them still to tax and pollus at their pleasures without any future Parliaments or redresse 4. For the free course of the Common Law Right and Justice according to Magna Charta c. 29. We will deny nor deferre to no man Iustice or Right It was never so much obstructed in any age by any persons as by these new Reformadoes of our Laws Witness their unparalleld late Whitehall Ordinances touching their illegal Excises which not only indempnifieâ—…
lesse than High Treason in others not only by the * * See the 〈◊〉 to my Speech in Parliament p. 15 16. Parliaments of 4 E. 3. n. 1. 21 R. 2. cap. 12. 1 H. 4. rot Parl. n. 21 22. 31 H. 6. c. 1. 3 Jac. c. 1 2. and in Chaloners and Tomkins case June 14. 1647. in the last Parliament of King Charles A Collection of Ordinances p. 200. to 206. but likewise by the Army Officers (e) (e) Their Remonstraâ—…ce and Reâ—…resentation Aug. 2. 18. â—… 7 〈◊〉 1647. Thâ—…ir Charge June 14. 1647. themselves yea the very ground-work of all the uncapabilities penalties sequestrations decimations forseitures they have imposed on others for levying warre and adhering unto the late King against the Parliament which they but mediately and indirectly opposed and warred against but themselves immediately actually directly warred upon seised secured dissolved destroyed against their Trusts Commissions to defend both the Parliament and the Members of it from force and violence and therefore are the * * Their 〈◊〉 of 〈◊〉 art 14. 16. far greater Delinquents and uncapable to give any voice to elect any Members or to be elected or sit in the three next Parliaments by their own self-condemâ—…ing Censures Declarations (f) (f) Article 14. 16. New instruments and Verdicts passed against others and by St Pauls own Verdict Rom. 2â—… 1 2 3. are inexcusable and shall not escape the judgement of God though they escape the sentence of all humane Tribunals for their offences of this nature 2. For the safety and liberty of their Persons these Army-Reformers have contrary to the Great Charter all other Fâ—…ndamental Laws Statutes the Petition of Right it self and premised Votes in the Parliament of 3 Carolâ—… in New-created Military Courts of Iustice impeached condemned executed not only the late King and sundry Nobles but likewiseâ—… Knights Gentlemen and other Freemen of all ranâ—…ks callings without any lawfull Inditement or Tryal by their Peers for offences not capital by our known Laws Forcibly apprehended by armed Troopers the Persons of Parliament-men Noblemen and others of all sorts imprisoned close-imprisoned them in remote Castles under armed Guards and translated them from one Castle to another and my self amongst others without any legall examination accusation hearing or cause expressed banished some and imprisoned others yea some of their own Military-Officers and greatest Friends in those forein Iâ—…les Castles whither the Prelates and Old Council-Table Lords banished me and my fellow-brethren heretofore without any legal Sentence imprisoned close imprisoned thousands at a time upon sudden carnal fears and jealousies unbeseeming Saints Christians or men professing so much faith confidence in God and such signal ownings both of their Persons and present Powers by God himself as they have done in publick or private from time to time and having an whole Army to guard them and dragging them out of their Houses beds in the night by Souldiers and shutting them up in inconvenient places banished multitudes from time to time from London and other parts for sundry months together confined others to certain plâ—…ces impressed thousands for Land and Sea-services and forein imployment as well Apprentices as others against their wills and carried them away perforce to and others from forein Plantations to the Indies where they have lost their limbs lives to the ruine of their families and Masters Degraded all our Nobles without any lawfull cause or hearing of all their personal hereditary Powers Trusts Commands Disfranchised disofficed Judges Justices Recorders Maiors Aldermen Common-council men Freemen Servants and many such very lately even by Major Generals and their Deputies at their pleasures taking far more Authority upon them now in all places in this and other kinds than ever any Kings of England did in late or former ages And that which transcends all Presidents imprisoning Lawyers themselves as grand Traytors and Delinquents in the Tower of London only for arguing their Clients Cases according to their Oaths Duties in defence of their Common Fundamental personal Liberty and property when illegally committed for refusing to pay unjust Excises and Imposts without Act of Parliament in the laâ—…e case of Mr. Cony and threatning to imprison others for prosecuting lawfull sutes when as the late King they beheaded for a Tyrant freely permitted my self and other Lawyers to argue the cases of Knighthood Loans Shipmony Imposts Tonnage and Poundage which so â—…uch concerned him without imprisonment or restraint And are not these with the denying Habeas Corporaes to some stoping the returning or benefit of them when returned to others far greater Grievances Abuses which concern every Subject alike and strike at the Foundation of all our Liberties than any these Sword-men dislike or declame against in our Laws or Lawyers fit now to be redressed If any private person injure any Freeman in any of these kinds forementioned he may be remedied and recover dammages by an Action of the Case Trespass or false Imprisonment but being thus injured by our New Whitehall Grandecs Swordmen Souldiers Committees Excise-men Major-Generals their Deputies or Deputy Deputies who all imprison dissranchise oppresse men at their pleasures which [f] [f] Foâ—…ue c. 8. 1 H. 7. 46. 16 H. 6. Fitz. Monsâ—…n d' Faits 182. none of our Kings could do he is now left destitute of all relief or recompence by Law or ordinary course of Justice and imprisoned by Committees of Indemnity if he sue and forced to desist or release his action having no Lawyer who durst to plead his cause for fear of imprifonment nor Judge to release him for fear of displacing such is our present â—… worse than Turkish Thraldom under these Grand Reformers of our Laws and New-found Guardians of our Liberties crying out aloud to Heaven and Earth for present redresse 3. For the Propriety of their Estates so fenced vindicated secured by the forecited Parliamentary Votes Acts and Petition of Right alas what is become of it Have not these Sword-Reformers forcibly disseised dis-inherited not only our Kings Nobles and other Officers of their Hereditary Honors Dignities Offices Franchises but likewise them and thousands more their Heirs Successors Wives Children Kinred of their Palaces Mannors Houses Lands Possessions Rents Revenues real and personal Estates without any other Law or Title but that of Theeves and Pirates Turks and * * See Purchâ—… pilgrimage â—…o 6. c. 6. Hâ—…yns 〈◊〉 Mamalukes the longest Sword Against not only all Laws of the Land but the very eighth and tenth Moral Commandâ—…nts of God himself now practically quite expunged out of their Decalogue And do not all else hold their Lands and Estates as Tenants at will to these supream new Land-Lords who â—…pon any Nâ—…w coined Delinquency or pretended plots really sequester or confiscate them at their pleasures by the self-same Law and Title Yea where â—…s all our Kings in former ages took Aids and Subsidies from our Ancestors only as (1) (1) See Bastâ—…s 〈◊〉 and 〈◊〉 〈◊〉
all Excisemâ—… and their Assistants against all actious 4 4 〈◊〉 17 March 1653. May 4. 1654 c. to be brought against theâ—… or other molestations by all parties griewed but expresly requiring â—…njoyning all Courts of Iustice of this Commonwealth and all Judges and Iustices of the same Sheriffs Counsellors Attornies Sollicitors and all other persons to conform themselves accordingly Without any opposition or dispute whatsoever So that now no Court of Justice or Judge must or can right nor any Lawyer Attorney Sollicitor or other person plead argue or prosecute any sute at Law against any illegal Excise Tax or Imposition though never so unjust and oppressive nor against any Leyier of them or imprisoner of refusers of them under pain os being dis-â—…udged like Thorp Nudigate and Rolls of late or being committed to the Tower as Mr. Maynard Twisden and Wadham Windham were for arguing Conâ—…s case against these Whitehall Ordinances A slavery worse than that of the (l) (l) See my sâ—…cond 〈◊〉 to thâ—… Jews 〈◊〉 into England English lews of old To omit all former inforcements of well affected plundered persons and others to release their Actions Iâ—…dgements Executions against Cavaliers Souldiers and others and to pay them dammages and costs of â—…ute besides to their undoings by their Councils of War and Committees of Indemnity of which there are hundreds of sad Presidents I shall only touch their new Major Generals Captains Lieutenants and others late Abuses of this kind in sending for Lawyers Attornies Sollicitors Parties by Souldiers and other Messengers and forcing them by menaces terror and threatned imprisonments to release their Actions Iudgements Executions and to referre all sutes depending in Courts of Equity or Iustice to their own hearing and determination Their examining controlling reversing Orders Iudgements Decrees made not only by Iudges Iustices and others in Courts of Law and Equity but even by Committees of Parliament and the Commons House it self their sending for some persons in Custody who refused to attend them upon references and others sundry miles and making them danceâ—… attendance on them froâ—… day to day upon bare Petitions and false suggestiouâ—… of clamorouâ—… persons after several Iudgements Decrâ—… es in Courts of Iustice Equity Parliaments and former references by the late King seconded with â—…any years quiet enjoyment for lands reeovered against them to their intollerable expence and vexation A preparative to ingrosse all Law and Iustice for the future into their own hands alone and suppresse all Courts of Iustice Iudges as dull and uselesse tools as some of late have stiled them And are not these far heavier sadder Grievances abuses worthy redresse than any these Reformers complain of in our Laws or Lawyers If our Sword-men imagin their Victorious Successes will still bear them out in all these their illegal extravagances against all Laws Tribunals both of God and Men let them remember that * * Tâ—…og â—…s Pom 〈◊〉 Justin. Hisâ—… l. 1. Hâ—…o doâ—…us l. 1. 2. 〈◊〉 â—…iculus lib 2. Cyrus King of Persia after his victorious conquests of Astyages Croesus all Asia and the East with a great part of Scythia and 30 years reign with câ—…utinual and admirable Successe was at last after a great victory over the Scythians sodenly surprised and slain by Thomyris Queen of Scythia and his whole old victorious Army of two hundred thousand Persians put every man to the sword not one of them escaping to bring back tydings of this their admirable universal â—…verthrow and slaughter After which his head was cut off by the Queens command and thrown into a Vessel filled with mans bloud with this exprobation of his cruelty Satia te sanguine quem sitisti cujusque insatiabilis semper fuisti That * * Patâ—…rculus Hist. l. 2. 3. Plutâ—…rch in his Liâ—…e Pâ—…mpey the Great that glorious and famous Roman after his Conquests of 〈◊〉 3â—…publike Triumphs decreed him by the Roman Senate over Europe Asia and Africa the whole known World in that age which he had subdued â—…as yet at last conquered by Iulius Caesar his Corrival â—…nd forced to fly into Egypt there taken and beheaded by a slavâ—… and his carkâ—…ss lef unburied oâ—… the sands as a prey to the birds and beasts so that he who formerly wanted earth for him to conquer now wanted earth toâ—… bury him such was the vicissitude of his fortune as Paâ—…erculus observes And not long after this Great Conquerour * * Suctonius Pâ—…utarch 〈◊〉 G â—…imston and o â—…s iâ—… his Lâ—… Caesar was sodenly stabbed to dâ—…th in the Senate House by his own Friends in whom he most confided for his ambitious Tyrannical usurpations over the Senate and people Enough to make all other usurping oppressing Swordmen tremble not half so great Conquerors as either of these three notwithstanding all their former successes which should rather â—…nmble and make them more just righteoâ—… towards the people for whose Lawes and Liberties they pretended they only fought against arbitrary Tyranny Impositions and Rapine than more arbitrary insolent exorbitant oppressive than those they fought against and suppressed and that upon the consideration of 2 Chron. cap. 10. 2 Kings 14. 8. to 15. Mich. 2. 1 2 3 4 5 7 8 9 10. Ierem. 34. 8. to 22. and Rom. 11. 17. to 22. which I desire them seriously to peruse and meditate upon at their leisures To these forenamed 4. Generals I might add their New Voluminous Whitehall folio Edicts Oâ—…dinances repealing altering our former Laws and Statutes in many particulars imposing new Taxes payments forfeitures imprisonments fines penalties on the people aad such as shall infringe them Their converting all Prizes taken by their Men of War to private Vses and their publike Treasury without repairing or satisfying our Merchants Losses by Pyracies and Wars in the first place by whose Customs and for whose Safety they are principally maintained and whose damages should be therefore in justice conscience first repaired Major Generals and their Deputies suppressing of Innes Taverns Alehouses like absolute Justices without any legal Authority and then setting them up again soon after through the mediation of Friends or mony Their riding in circuit with those who are their Iudges to overawe and controll them their open abetting and countenancing of causes their great destruction of the timber of the Nation against sâ—…ndryâ—… Statutes their building of new stately Houses Gardens c. upon the peoples and the publick stock the sharing of the publike Lands and Revenues of the kingdom amongst themselves which should defray publike expences now fit to be râ—…formed as in former ages Their making Sectaries and illiterate Sword-men and other persons of mean quality who understand neither Law nor Iustice their Iustices of Peace and Committee men in sundry places agaiâ—… former Statutes Their imposing administâ—…ing Oaths to men without any Legal Commissión or Law as every Sword-man now presumes a Praemunire and grand Offence in former ages With sundry more generals which
informâ—…tion Only most gracious Soveraign we beg leave to offer unto your gracious view â—… and 〈◊〉 consideration a few of them in general 1. The service of Almighty God is hereby greatly ly hindered the * people in many places not daring to repair to their Churches lest in the mean time the Souldiers should rifle their Houses 2. The antient good Government of the Country is thereby neglected and almost contemned 3. Your Officers of Justice in performance of their Duties have been resisted and endangered 4. The Rents and Revenues of your Gentry are greatly and * generally diminished Farmers to secure themselves from the Souldiers insolence being by the clamour and sollicitation of their fearfull and endangered VVives and Children enforced to give up their antient dwellings and to retire themselves into placeâ—… of more secure habitation 5. Husbandmen that are as it were the hands of the Country corrupted by ill example of Souldiers are * encouraged to idle life give over their work and seek rather to live idlely on other mens charges than by their own labours 6. Tradesmen and Artificers almost discouraged being enforced to leave their Trades and to imploy their times in preserving their families from violence and cruelty 7. Markets unfrequented and our waies grown so dangerous that your peoplâ—… dare not passe to and fro upon their usual occasions 8. Frequent Robberies Assaults Burglaries Rapes Rapines murders barbarouâ—… cruelties and other late most abominable vices and outrages are generally complained of from all parts where these companies have been and made their abode few of which insolencies have not been so much as questioned and fewer according to their demerit punished These and many other lamentable effects most dear and dread Soveraign have by this billetting of Souldiers already fallen upon your loyal Subjects tending no lesse to the dis-service of your Majesty than tâ—… their own impoverishing and distraction So that thereby they are exceedingly disabled to yield your Majesty those supplies for your urgent occasions which they heartily desire And yet they are more pâ—…rplexed with the apprehensiâ—…ns of more approaching dangers One in regard of the Subjects at home the other of Enemies abroad In both which respects it seems to threaten no small calamity For the first the meaner sort of your People being exceeding poor whereof in many places are great multitudes and therefore in times most seâ—…led and most constant administration of Justice not easily ruled are most aâ—…t upon this occasion to cast off the reigns of Government and by themselves with those disordered Souldiers are very like to â—…all into mutiny and rebellion Which in faithful discharge of our Duties we cannot forbear most humbly to present â—…nto your high and excellent Wisdom being possessed with probable fears that some such mischieâ—…s will shortly ensue if an effectual and speedy course be not taken to remove them out of the Land or otherwise to disband those unruly Companies For the second we do humbly beseâ—…ch your Majesty to take into your Princely consideration that mâ—…ny of those Companies besides their dissolute dispositions and carriages are such as professe themselves * Papists And therefore to be suspected that if occasion serve they will rather adhere to a forein Enemy if of that Religion than to your Majesty their Liege Lord and Soveraign espeâ—…ially some of their Commanders and Captains being as Papistically affected as themselves and having served in the wars on the part of the King of Spain or Arch. Dutchess against your Majesties Allies â—… Which of what pernicious consequence it may prove and how prejudicial to the safety of all your Kingdom We humbly leave to your Majâ—…sties high and Princely Wisdom Aâ—…d now upon these and many more which might â—…e alleged most weighty and important reasons grounded upon the maintenance of the worship and service of Almighty God the continuaâ—… of your Majesties high Hâ—…nor and profit the preservation of the antient and undoubted Liberties of your people and therein of justice industry and valour which concerns the glory and happinesse of your Majesty all your Subjects and the prevenâ—…ng of imminent Calamity and ruine both of Church and Common-wealth We your most humble and loyal Subjects the Knights Citizens and Burgesses of the House of Commons in the name of all the Commonalty of your kingdom who are on this occasion most miserable disconsolate and afflicted prostrate at the Throne of your Grace and Iustice do most humbly and ardently beg for the present removal of this unsupportable Burthen and that your Majesty would be graciously pleased to secure us from the like pressure in time to come Which King Charls then did by the Petition of Right which I shall here insert because almost quite forgotten by most men like an old Almanack out of date especially by our Grandees To the Kings most excellent Majesty HUmbly sheweth unto our Soveraign Lord the King the Lords Spiritual and Temporal and Commons in this present Parliament assembled That whereas it is declared and enácted by a Statute made in the time of King Edward the I. commonly called 〈◊〉 de Tallagio non concedendo That no Tallage or â—…id shall be taken or levied by the King or his 〈◊〉 in this Realm without the good will or assent of thâ—â— Archbishops Bishops Earls Barons Knights Burgesses and other the Freemen of the Commonalty of this Realm And by an Authority of Parliament holden the 25 year of the reign of King Edward the 3d. it is declared and enacted That from thenceforth no person should be compelled to make any loans to the King against his will because such Loans were against reason and the Franchises of the Land And by other Lawes of this Realm it is provided That none shall be charged by any Charge or Composition called a Benevolence nor by any such like Charge By which Statutes before mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this freedom That they should not be compelled to contribute any Tax Tallage or Aid or other like Charge not set by common Assent by Act of Parliament Yet neverthelesse of late divers Commissions directed to sundry persons in several Counties with their instructions have issued by pretext whereof your people have been in divers places assembled and required to lend certain sums of mony to your Majesty And many of them upon their refusal so to doe have had an Oath not warranted by the Laws and Statutes of this Realm administred unto them and hâ—…ve been constrained to become bound to make appearance and to give attendance before your Privy Counsel at London and in other places and others of them have been therefore impâ—…isoned confined and certain otherways molested and disquieted And divers other charges have been laid and levied upon your people in several Counties by Lord Lieutenants Deputy Lieutenants Commissioners for Musters Justices of Peace and others by command or direction from your Majesty or