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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56154	Demophilos, or, The assertor of the peoples liberty plainly demonstrating by the principles even of nature itself, and by the primitive constitutions of all governments since the creation of the world that the very essence and the fundamentals of all governments and laws was meerly the safety of the people, and the advancement of their rights and liberties, to which is added the general consent of all Parliaments in the nation, and the concurrence of threescore and two kings since first this island was visible in earnest, and by commerce with other nations, hath been refined from fable and neglect / by William Prynne ...; Summary collection of the principal fundamental rights, liberties, proprieties of all English freemen	Prynne, William, 1600-1669.	1658 (1658)	Wing P3943; ESTC R5727	47,915	74

inform●…tion Only most gracious Soveraign we beg leave to offer unto your gracious view ●… 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 place●… 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 peopl●… dare not passe to and fro upon their usual occasions 8. Frequent Robberies Assaults Burglaries Rapes Rapines murders barbarou●… 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 t●… 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 p●…rplexed with the apprehensi●…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 se●…led and most constant administration of Justice not easily ruled are most a●…t upon this occasion to cast off the reigns of Government and by themselves with those disordered Souldiers are very like to ●…all into mutiny and rebellion Which in faithful discharge of our Duties we cannot forbear most humbly to present ●…nto your high and excellent Wisdom being possessed with probable fears that some such mischie●…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 bese●…ch your Majesty to take into your Princely consideration that m●…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 espe●…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 ●… Which of what pernicious consequence it may prove and how prejudicial to the safety of all your Kingdom We humbly leave to your Maj●…sties high and Princely Wisdom A●…d now upon these and many more which might ●…e alleged most weighty and important reasons grounded upon the maintenance of the worship and service of Almighty God the continua●… of your Majesties high H●…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 preven●…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 ●…id shall be taken or levied by the King or his 〈◊〉 in this Realm without the good will or assent of th●● 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 h●…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 imp●…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

DEMOPHILOS OR THE ASSERTOR OF THE Peoples Liberty PLAINLY Demonstrating by the Principles even of Nature it self and by the Primitive Constitutions of all Governments since the Creation of the World That the very Essence and the Fundamental of all Governments and Laws was meerly the safety of the People and the 〈…〉 ancement of their Rights an●… 〈…〉 erties To which is added 〈◊〉 General Consent of all Parliaments in the 〈◊〉 and the Concurrence of threescore and two 〈◊〉 since first this Island was visible in earnest and 〈…〉 merce with other Nations hath been 〈◊〉 〈◊〉 〈◊〉 and Neglect By William Prynne 〈◊〉 Bencher of Lincolns-Inne LO●…DON Printed for Francis 〈◊〉 in the Old-Baily 1658. To the imprejudiced Reader BEing importunately solicited by Mr. VVilliam Shepheard a Lawyer specially imployed by some Swordmen and Grandees at VVhitehall from whence he came to visit me at my Study in Lincolns Inne within two daies after their resolution to call a new Assembly at VVestminster ●…herewith he acquainted me to regulate the abuses in the execution of our Laws that I would consider of such abuses of this Nature as I had observed for him to present to that Assembly to be reformed by them being one chief end of their meeting which I then informed him I had no time to do being ready to take my Journey into the Country and that Sir Iohn Davis in his Epistle to his Irish Reports had written so much in justification of our Laws as would satisfie and silence all soldiers and others that ignorantly censured them He thereupon desired me at my vacant times to consider of this his motion in the Country for the publick good Which I ●…nce calling to mind and considering that in the Par●…iament of 5 R. 2 〈◊〉 Parl. n. 17 18. it was the re●…olution both of the Commons and Lords 〈◊〉 redress of their publick Grievances and oppressio●…s * that Reformation 〈◊〉 ought to begin in the Head and so gradually from the Highest 〈◊〉 to the Feet and that it will be both●… bootlesse impolitick and ridiculous for any publick or private State-Physicians or Reformers to spend their time and pains only to cure some small scratches or cuts in the toes or fingers or breaches in the tyles or seeling of our State and Laws as some Mountebancks and Pseudo-politicians now do and in the mean time to overpasse neglect if not increase dilate the large deadly wounds in the very Head Heart Vital Parts and most dangerous Breaches Underminings in their very Foundations which threaten present death and suddain Ruine to the whole Body of our State Laws Nation if not speedily healed repaired with all possible care and diligence by the most skillfall Artists and Philopaters sufficiently qualified for such a desperate difficult publick cure Repair and with sincere self-denying publick spirits couragiously addressing themselves with all their skill might to this necessary Heroick work And withall observing that there can be no health ease rest quiet but perpetual pain languishing consumption torture decay in the Body politick of our Nation as in the Body n●…tural so long as there is any dislocation fraction convulsion wound malady in the Bones Nerves Arteries or chief Parts and members thereof And then remembring that serious Protestation and solemn League and Covenant which I my self ●…ll members of the late Parliament most Persons in late power and the generality of all the well-affected people to publick Laws Liberty Justice Religion in our three Kingdomes 〈◊〉 long since took in the presence of the most High God Angels and Men with hands li●…ted●… up to Heaven and then subscribed with those hands That they shall with sincerity reality and constancy in their several Vocations endeavour with their Estates and lives mutually to preserve the Rights Privileges Laws and Liberties of the Parliaments and Kingdomes of England Scotland and Ireland c. And in this common cause of Liberty and peace of the Kingdomes assist and defend all those that enter into this League and Covenant in the maintaining and pursuing ther●…of and not suffer themselves directly or indirectly by whatsoever combination perswasion or terror to be divided or withdrawn from this blessed union c. but shall all the daies of their lives zealously and constantly continue therein against all opposition and promote the same according to their power c. which Solemn League and Covenant I find subscribed in * print by VVilliam Lenthal Speaker Robert Nicholas Gilbert Pickering Oliver Cromwell Philip L. Lisle VVilliam Ellis Oliver Saint-John Miles Corbet John Lisle Francis Rous Nathaniel Fyennes Edmund Prideaux John Glynn Bulstrode VVhitelocke Edward Montagu and others in greatest present power and imployments whom I desire now to remember and perform the same effectually as they shall answer the contrary at that great day when the secrets of all hearts shall be disclosed according to those their printed subscriptions thereof for all the good ends therein prescribed I●… thereupon apprehended I could not perform a more seasonable acceptable or beneficial service to my naaive Country in pursuance of the Protestation ●…nd solemn League and Covenant lying still as sacred Bonds upon my conscience that to draw up this summary Collection of the principal fundamental hereditary Rights Liberties Properties of all English Freemen both in relation to their Persons Estates and free-Elections most mortally wounded more dangerously under-mined shaken subverted by force and fraud of late years since our Parliamentary and Military contests for their defence to the vast effusion of our Treasures and Blood by some who were most deeply engaged in their Protection and preservation than in the very worst of former ages under our late or antient Kings in every particular branch And of the several memorable Votes Resolutions Declarations and Acts of Parliament for their Vindication and Corroboration in the happy Parliament of 3 Caroli remembred and ratified likewise in the last Parliament of King Charles as the most soveraign Balm the most effectual materials prepared applyed by the l●…arnedest skilfullest wisest State-Physicians and Builders in those Parliaments to heal and close up the mortal wounds the perilous Breaches our late Kings * Jesuitical arbitrary tyrannical ill-counsellors and other Viperous self-seeking projectors had formerly made in them to the impoverishing oppressing enslaving of the People and endangering the utter subversion both of our Fundamental Laws Liberties Properties ●… Government Parliaments Kingdomes Religion now in a more desperate deplorable condition than ever unless speedily revived by the fresh application of these healing Cordials reunited repaired supported with these sementing Ingredients by some expert active Chirurgians and Master-builders to whom I humbly recommend them as a brief Corollary to the first and second part of my seasonable legal and Historical Vindication and Collection of the good old fundamental Liberties Franchises Rights Laws of all English Freemen till God shall enable me to compleat the remaining parts thereof in their Chronological series of time the best

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 the●… 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 for●… 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 forein●… 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 added●… 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 a●…ter a long and full Debate resolved That this Saving ou●…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

Gentry and Commons of the realm of chiefest rank hazarded their estates bloud lives in the field as well as the Army-Officers to preserve and enjoy the forementioned fundamental Laws Liberties Rights and Properties which we hope no true-bred English Freeman or Swor●…man whatsoever can have the hearts or faces to deny unto us against all their former Protestations Remonstrances Vows Oaths Covenants Engagements both to God and the English Nation for fear of being made shorter by the head as the most perfidious Traytors or rolled into their graves in bloud by the over-oppressed●… enraged people as the most insolent oppressing Tyrants yea tumbled headlong into Hell flames for all eternity Soul and Body by God himself as the most perjured execrable Hypocrites and Impost●…rs that ever England bred Gal. 5. 1 13 14 15. Stand fast therfore in the Liberty wherewith Christ hath made us free and be not intangled again with the yoke of Bondage For Brethren ye have been called unto Liberty only use not Liberty for an occasion to the flesh but by love serve one another For all the Law is fulfilled in one word even this Thou shalt love thy Neighbour as thy self But if ye bite and devour one another take heed that ye be not consumed one of another An Appendix to the Premises IT hath been the antient Pl●…t and long agitated design of Robert Parsons and other Iesuites and their Instruments under pretext of reforming the Common Laws and Statutes of England to alter subvert abolish the Great Charter Common fundamental Laws of the Land and principles of Government whereon the Iustice of the Kingdom and Liberty and Property of the Subjects are established as I have irrefragably proved at large by R●…bert Parsons his Memorial for Reformation of England written at Sevil in Spain An. 1590. by William Watson a seminary Priest his Quodlibets printed 1601. p. 92 94 95 286 330 332. A Dialogue between a secular Priest and a Lay-Gentleman printed at Rhemes 1601. p. 95. William Clark a Roman Priest his Answer to the manifestation of Father Parsons p. 74 75. Robert Parsons own manifestation of the folly and bad ●…pirit of certain in England calling themselves Secular Priests f. 55. to 63. Mr. Thomas Smith his Preface to Mr. Iohn Daillae his Apology for the Reformed Churches Cambridge 1653. p. 12 13 c. The Declaration of the whole House of Commons 15. Decemb. 1641. Exact Collection p. 3 4. Ludovicus Lucius Historia 〈◊〉 p. 318 319 535. and other Evidences in my Epistle to A seasonable Legal and Hist●…rical●… Vindication of the good old fundamental Liberties Rights Laws of all English Freemen and to A New Discovery of Free-State Tyranny to which for Brevity I refer the Reader That it hath been the Souldiers and Anabaptists design endeavour to put this their Iesuitical Plot against our Laws in execution under pretext of reforming the corruptions in the Law and Lawyers by the Tutorship of the disguised Iesuites swarming amongst us and having a Consistory and Councel abroad that Rules all the affairs of the things of England as their own General O. Cromwell himself avers in positive terms to all our three Nations and the world in his printed Speech in the painted Chamber September 4. 1654. p. 16 17. I have there likewise demonstrated and is so experimentally visible to all men by their frequent Consultations Committees Treatises Discourses Votes and Instruments set on work to regulate our Laws that it needs do further proof The excellently connatural●…ess conveniency of the Laws of England to Englishmens tempers is so fully expressed demonstrated by Fortescue in his Book De laudibus Legum Angliae Glanvill Britton and others of antient and by Sir Iohn Davies in his Epistle to his Irish Reports Sir Edward Cook in his Epistles to his Reports Institutes with others of later times by the very New Modellers of our old hereditary Kingdom into a puny Free-State in their Remonstrance of March 17. 1648. and by Mr. Iohn Pym and Mr. Oliver Saint-John in their late Parliamentary Speeches printed by the Commons House special Orders that I shall not spend waste-paper to commend them being the most excellent Laws of all others in the world as they all unanimously resolve I shall only adde to their Encomiums of them That the extraordinary care diligence of our Ancestors and all our Parliamentary Councels in former ages to maintain ●… preserve defend and transmit to posterity those good old Laws we now do or should enjoy with the last long Parliaments impeaching beheading Strafford and Canterbury for Arch-traytors for endeavouring to subvert them with their innovations on the one side and the late King and his Partisans on the other side in above * * In the Coll●…ctions of 〈◊〉 printed by both Houses orders 500 printed Declarations Orders Ordinances Proclamations Remonstrances that the principal end of all their consultations arms wars taxes Impositions expences of infinite Treasure and Bloud in all the unhappy contests against each other was inviolably to defend maintain our Laws and the Subjects Liberties secured by them as their best Patrimony Birthright and Inheritance the inserting thereof into all their Generals and Military Officers Commissions and all Ordinances to raise monies for the Armies pay is an unswerable evidence of their transcendent excellency utilility preciousnesse value esteem in the eyes of our Parliament and whole Nation And a convincing Discovery of the Iesuitical Infatuation folly frenzy treachery of those Swordmen and their Confederates who now revile traduce and endeavour all they may to reform alter subvert those very Laws and Liberties which they were purposely commissioned waged engaged inviolably to defend both by the Parliament and People and for which end they formerly professed declared in many printed * * Printed 1647. Romonstrances of their own they fought and hazarded their lives in the field yet now would conquer and trample under feet as if they had only fought against them and our hereditary L●…berties confirmed by them I must confess there are some few Grievances Abuses not in the Theory but Practice of our Laws introduced by dishonest Attorneys and Sollicitors for the most part fit to be redressed by the Iudges of the Law as some of them have been upon complaint ●… which I my self had many years since reformed as I told M●… Shepheard upon his fore mentioned motion to me had not those Army-men violently pulled me with other Members out of the 〈◊〉 and interrupted the settlement peace liberty ease from taxes excise●… and good Government of the Kingdome by a happy close with the late King upon more safe and honourable terms of Freedom and happiness to the whole Nation and our Parliaments than ever we can hope for from our New Governours or Sword-men to usurp the Soveraign Power of King and Parliament into their own hands and perpetuate our Wars Taxes Excises Armies and Military Government upon us from generation to generation as experience now manifests beyond contradiction