Selected quad for the lemma: parliament_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	humble_a	majesty_n	petition_n	2,957	5	9.0583	4	false

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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

Judgement against him Which was done accordingly To these cases of Privilege in the Commons House I shall adde another memorable one in the Lords House in the second Parliament of King Charls The King sitting that Parliament committed the Earl of Arundel to the Tower without leave of the House or acquainting the Lords with the cause thereof Whereupon May 25. 1626. the Lords drew up and sent this Remonstrance and Petition to the King entred in their Journal on record The humble Remonstrance and Petition of the Peers MAy it please your Majesty We the Peers of this your Realm now assembled in Parliament finding the Earl of Arundel absent from his place amongst us his presence was therefore called for But thereupon a Message was delivered us from your Majesty by the Lord Keeper That the Earl of Arundell was restrained for a misdemeanour which was personal to your Majesty and lay in the proper knowledge of your Majesty and had no relation to matter of Parliament The Message occasioned us to inquire into the Acts of our Ancestors and what in like cases they had done that so we might not erre in a dutifull respect to your Majesty and yet preserve our Right and Privilege of Parliament And after diligent search made both of all Stories Statutes and Records that might inform us in this case We find it to be an undoubted Right and constant Privilege of Parliament That no Lord of Parliament sitting the Parliament or within the usual times of Privilege of Parliament is to be imprisoned or restrained without Sentence or Order of the House unless it be for Treason or Felony or for refusing to give surety for the Peace And to satisfie our selves the better we have heard all that could be alleged by your Majesties learned Counsel at law that might any way infringe or weaken this claim of the Peers And to all that can be shewed or alleged so full satisfaction hath been given as that all the Peers in Parliament upon the Question made of this Privilege hath una voce consented that this is the undoubted Right of the Peers and hath inviolably béen enjoyed by them Wherefore we your Majesties loyal Subjects and●… humble Servants the whole Body of the Peers now in Parliament assembled most humbly beseech your Majesty that the Earl of Aruudel a Member of this Body may presently be admitted by your Gracious favour ●…o come sit and serve your Majesty and the Commonwealth in the Great Affairs of this Parliament And we shall pray c. Vpon this Remonstrance and Petition sent to the King the * Peers presently adjourned their house till the next morning by which time they expected the Earls release but not finding him enlarged the next day May 26. they presently adjourned their House till the 2. of June refusing to sit and resolving not to act any thing till the Earl wa●… released to sit among them or the particular cause of his Commitment and seclusion declared to them that they might judge of its legality Whereupon the King was inforced to release him to satisfie the Lords House In imitation whereof the (f) whole House of Commons the last Parliament of King Charls upon the Kings comming into the House to demand the 5 Members he had impeached of High Treason January 4. 1641. which they Voted To be an high Breach of the Rights and Privilege of Parliament and inconsistent with the Freedom and Liberty thereof presently adjourned it self and so did the House of Peers too upon his demand of the Lord of Kimbolton refusing to sit as an House but only as a Committee in Lo●…don for certain dayes till this breach of their Privilages was repaired and their 〈◊〉 restored vindicated cleared by the King who released all further prosecution against them From which Presidents in these Parliaments of King Charles it is observable 1. That it is an antient and undoubted Privilege and●… Right of all and every Mrmber of Parliament as well Commoner as Peer as likewise of their necessary Servants and Attendants to be free from all Arrests Imprisonments and restaints whatsoever by the King Council o●… any others except only in cases of Treason Felony and Breach Surety of the Peace which was then cleared by 5 H. 4. n. 39. 5 H. 4. c. 6. 8 H. 6. n. 57. 31 H. 6. n. 25 26 27 28. 39 H 6. n. 9. 7 E. 4. n. 36. 4 H. 8. c. 6. 3 Iacobi the Baron of Wal●…ons case and Sir George Ha 〈…〉 case ●…Caroli to which the Presidents printed in Sir Edward Cooks 4 Institutes p. 24 25. and the Statute of 8 H. 6. c. 1. may be added which declares That the Great men and Commonally of the Realm of Englaud called or to be called to the Kings Parliament do enjoy and were wont to enjoy and in time to come ought to enjoy this liberty or defence in coming tarrying and retorning not to be arrested molested or inquieted and gi●…es the same Liberty to the Clergy called to the Convocation by the Kings writs and to their Servants and Families Therefore the arresting imprisoning secluding molesting of any Members of late or present times by the Army Officers or others is a most apparent breach of this antient Privilege worthy the severest penalties and speedy reformation 2. That the ground and only reason of this Privilege is that all every member summoned to or elected and returned to serve in Parliament might duly freely and diligently attend his publike trust and service in the Parl. Without molestation restraint seclusion or disturbance as these Presidents Statutes and Records resolve which all and every of them are bound to doe under pain of being amerced sined and otherwayes punished and of losing their wages besides as is clear by the Statute of 5 R. 2. Parl. 2. c. 4. The King doth will and command and it is assented in the Parliament by the Prelates Lords and Commons that all and singular●… Persons and commonalties which from henceforth shall have the summons of Parliament shall come from henceforth to the Parliament in the manner as they be bounden to doe and have been accstomed within the Realm of England of old times And every person of the same Realm which from henceforth shall have the said summons be he Archbishop Bishop Abbot Prior Duke Earl Baron Baneret Knight of the Shire Citizen of City Burgesse of Borough or other singular Pers●…n or Comminalty which doth absent himself or come not at the said Summons except he may reasonably and honestly exc●…se himself to our Lord the King shall be amerced and otherwise punished as of old times hath used to be done within the said Realm in the said case c. As likewise by the Statutes of 1 H. 5. c. 1. 32 ●… 6. c. 15. 9 H. 8. c. 16. The Act for Triennial 〈◊〉 16 Caroli 31 H. 6. n. 45 46. 8 Martii 23 〈◊〉 Cooks 4 Institutes p. 1 2 4 9 10 15 17 23 24 35 42 to 50 and

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

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 ●… 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 P●…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 Estat●…s being likewise much encroached upon and in a great measure subverted 1 By forced Loans and contributions 2. By Lieutenants and Deputy-Lieutenants exorbi●… Powers and new rates taxes imposed on and forced from them without grant in Parliament for billeting Souldiers and quartering Souldiers in mens Houses●… 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 ●… 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 into●… 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

all Excisem●… and their Assistants against all actious 4 4 〈◊〉 17 March 1653. May 4. 1654 c. to be brought against the●… or other molestations by all parties griewed but expresly requiring ●…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-●…udged like Thorp Nudigate and Rolls of late or being committed to the Tower as Mr. Maynard Twisden and Wadham Windham were for arguing Con●…s case against these Whitehall Ordinances A slavery worse than that of the (l) (l) See my s●…cond 〈◊〉 to th●… Jews 〈◊〉 into England English lews of old To omit all former inforcements of well affected plundered persons and others to release their Actions I●…dgements Executions against Cavaliers Souldiers and others and to pay them dammages and costs of ●…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 dance●… attendance on them fro●… day to day upon bare Petitions and false suggestiou●… of clamorou●… persons after several Iudgements Decr●… es in Courts of Iustice Equity Parliaments and former references by the late King seconded with ●…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 * * T●…og ●…s Pom 〈◊〉 Justin. His●… l. 1. H●…o do●…us l. 1. 2. 〈◊〉 ●…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 c●…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 ●…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 * * Pat●…rculus Hist. l. 2. 3. Plut●…rch in his Li●…e P●…mpey the Great that glorious and famous Roman after his Conquests of 〈◊〉 3●…publike Triumphs decreed him by the Roman Senate over Europe Asia and Africa the whole known World in that age which he had subdued ●…as yet at last conquered by Iulius Caesar his Corrival ●…nd forced to fly into Egypt there taken and beheaded by a slav●… and his cark●…ss lef unburied o●… the sands as a prey to the birds and beasts so that he who formerly wanted earth for him to conquer now wanted earth to●… bury him such was the vicissitude of his fortune as Pa●…erculus observes And not long after this Great Conquerour * * Suctonius P●…utarch 〈◊〉 G ●…imston and o ●…s i●… his L●… Caesar was sodenly stabbed to d●…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 ●…nmble and make them more just righteo●… 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 O●…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 s●…ndry●… 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 r●…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 agai●… former Statutes Their imposing administ●…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