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 andâ—… 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 â—…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 waâ—… 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 Loâ—…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 andâ—… 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 oâ—… 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 Walâ—…ons case and Sir George Ha 〈…〉 case â—…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 giâ—…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 singularâ—… 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 Persâ—…n or Comminalty which doth absent himself or come not at the said Summons except he may reasonably and honestly excâ—…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 â—… 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
my Plea for the Lords which you may consult at leisure Therefore no member duly summoned or elected may or ought to be arrested secluded or suspended the Parliament by any Persons or Powers whatsoever upon any pretext or new devised Instrument but only by the House and Parliament it self without the highest injustice affront to the Parliâ—…ment Member and the people who elect him 3. That the Parliament alone during its sitting and no other person or powers whatsoever is and ought to bâ—… the sole Iudge of the due elections offences fiâ—…nesse ejection seclusion suspension imprisonment of the Members of Parliament And that no Member in cases of Treason Felony or Breach of Peace ought to be taken away or detained from the service of the House whereof he is a Member until that House hath satisfaction concerning the truth of the fact and grounds of the Accusation â—… which it is bound to examine and then to proceed against him themselves if it be proper for the Parliament or to suffer him after to be proceeded against elsewhere as resolved in the Presidents of Sir Edmund Sawyer Mr. Baber Sir Simon Steward Sir Robert Stanhop the Earl of Arundel the Lord of Kinbolton and 5 â—…mpeached Members forecited of late By sundry antient Presidents in my Plea for the Lords p. 33 to 54. My Ardua Regni and Levellers Levelled Cooks 4 Instâ—…tutes p. 23 24 c. And â—…xpresly declared by the Lords and Commons in their printed Declaration Octob. 23. and Remonstrance Novemb. 2. 1â—…42 Exact Collection p. 655 657 723 724 726 727. Wherefore for any persons or Powers out of Parliament to arrest o seclude any Member duly summoned or elected by the People especially without before or against the judgement of the Parliament or withont rendring any reason thereof to the Parliament and People who elect them is the highest usurpation over and affront to the Soveraign jurisdiction of Parliaments that possibly can be devised yea an erection of a supream new Power both over Parliaments themselves and their Members and great injustice to the People lately (g) voted the Soveraign Power and only fountain of all lawfull Authority in the Nation 4. That the Parliaments of England in all former ages have been very diligent vigilant zealous resolute couragious in maintaining these their antient undoubted Privileges of their Members and the Houses of Parliament against the least incroachment or violation not suffering so much as one or two of their Members at any time especially in the Parliaments of King Charles to be imprisoned or restrained from the Parliament for any real ar pretended causes without present demanding of him or them and examining the grounds of their restraints adjorning their Houses and refusing to sit or act tilâ—â— till their Members were restored righted and their Privileges repaired And that upon these four grounds worthy special observation 1. Because our Parliaments in former times were constantly adjourned from the day of their first appearance till a further time when any of the Lords Knights and Burgesses by reason of shortness of time other publike imployments or default of the Sheriffs returns were absent and did not appear to make up a full Parliament upon the first day of the Summons which I have proved by 30 Parliaments Presidents and Records (h) elsewhere cited in the reignes of King Henry 3. Edward the 3. Richard 3. and Henry the 4th to which some others might be added to prevent the danger of acting any thing in a thin or packed House 2. Because the undue seclusion of any Members duly elected by force or combination especially when others unduly or not at all elected by the people were returned and admitted as Members hath nullified maâ—…e void and repâ—…aled all the Acts and Proceedings of former Parliaments thus fraudulently packed for sinister private ends as being no Parliaments at all in law or truth but a packed Conventicle and Confederacy as the printed Statutes of 21 R. 2. c. 12. â—… H. 4. c. 3. and rot. Parl. 1 H. 4. n. 22 23. 38. 48. 66. 70. 38 H. 6. n. 35. 39 H. 6. c. 1. 17 E. 4. c. 7. And the Statutes of 10 H. 7. c. 23. made in Ireland will resolve the perusers of them being over-tedious to transcribe 3. Because else the King and his Council or others might as well summon what Nobles Counties Cities Boroughs they pleased to the Parliament and omit whom else they pleased out of the Summons without any Writs directed to them and seclude or admit whom they pleased when summoned elected returned to serve in Parliament contrary to the (i) Great Charter of King John and the Statute of 5 R. 2. c. 4 â—… which expresly provâ—…de That all the 〈◊〉 Citizens Bâ—…gesses 〈◊〉 and 〈◊〉 shall be Summonâ—… to every Parliament And if any Sheriff of the Realm be from henceforth negligent in making his returns oâ—… Writs of the Parliament or that he leave out of the said Returns any Cities or Boroughs which be bound or were of old time wont to come to the Parliament he shall be 〈◊〉 or otherwise punishâ—…d iâ—… the mannâ—…r as was accustomed to be done in the said casâ—… iâ—… imâ—…s past They being all to be summoned as formerly ex debito Justiciae as Sir Edward Cook resolves in his 4th Institutes p. 1. printed by the Commonâ—… House speciâ—…l Order else the Parliament will be Void and Null as the Statute of 10 H. 7. â—… a 3. for Ireland declares resolving the Patent of Drogheda to be void upon this reason 4. Because as both Houses of Parliament resolved in their k Declaration of October 23. and Remonstrance Novemb. â—… 1642. published in print to all out 3. Kingdomâ—… and the World penned and assented to by some Grandeâ—…s in present power 〈◊〉 King or â—…ny prevailing party whatsoever might else at any timâ—… secludo and pull out of the House of Parliament all such Members as they sound 〈◊〉 and opposite to their 〈◊〉 Makâ—… whom and how many Members they pleased a Major part to carry on tâ—…eir designes and thereby destroy the whole Body of the Parliament by pulling out the principal Members and pull up their Privileges by the roots A treachery injury innovation not to be tollerated or connived at in the least Degree after so many Protestations Vowes Solemn Leagues Covenâ—… Declaratioâ—… Remonstrances both by the Parliament and Army and so many years bloudy Wars for defenâ—… of the Rights and Privileges of Parliament I shall therefore close up this particular with the memorable words of Lordâ—… and Commons forenamed Remonstraâ—… which I desire all Swordmen the whole Nation and those especially who were then Members to take special notiâ—…e of (l) This Privilege of the Members seclusion from the House and arrests fore mentioned is so clear and essential a Privilege of Parliament that the whole Freedome of Parliament depends upon it For who sees not that by this means under false pretences of Crimes and Accusations
was one That the Tinners in Cornwal have time out of mind used to elect a Parliament of Tinners so often as there is occasion â—… suâ—…moned â—…ver in this manner The Lord Warden of the Stanneries grants his Commission to the Vice-Warden who thereupon directs Sommons to the 4 Maiors of the 4 Divisions of the Stanneries appointing them to elect within every Division 6 Tinners to be elected by the Maior and his Corporation and so the parties elected are returned to serve in their Parliment That the Lord Mohun being Vice-Warden at Christmas then last past sent his Warrant to the 4 Maiors commanding them to elect such and such Persons by name to be Tinners for the Parliament The Maiors obeyed and summoned the â—…en who met the 4th of January last Upon the meeting the Tinners questioned the lawfulnesse of that Parliament First because there was no Commission from the Lord Warden but only a Letter and that for a meeting only to confer 2. For that the Election was not free and due VVhereupon that Parliament was dissolved as void Upon which the Lord Mohun the 5 of February sent out new Sâ—…mmons to the Maiors that they should reassemble such and such Persons as he named in his Warrant Who meeting together he perswaded fourteen of them against the Protestation of the other ten to impose the sum of 500 l. upon the Tinners towards the maintenance of their Liberties as he pretended and sent forth his Warrants to collect the Money sitting this Parliament VVhich the Tinners complained of in Parliament as a great Grievance and impeachment of their privilege and freedom of their elections and Parliaments and was so voted by the Commons House and the Lord Mehuâ—… thereupon summoned to answer the charge Whether the Fredom of many late Elections of Members for this Assemblie in Counties and Burroughs hath not been perverted hindered abolished by like Letters Menaces from Whitehall Major Generals Captains other Grandees by drawing up Troops of armed Souldiers to the places of Election to terrifie the people enjoyningâ—… joining such and such persons by prescribed Lists Letters and otherwise to be chosen such and such to be opposed and not elected as being persons disaffected turbulent unquiet Spirits c. and other indirect practices to make up a packed Court-Coventicle to carry on private designs instead of a New Free state Parliment is worthy the inquiry and censure of those whom it most concerns to preserve and vindicate the Free-dome of Elections long since established against such practices menaces force and terror by the Statute of 3 E. 1. c. 5. which enacts Because Elections ought to be free the King commanded upon great forfeiture that no great Man nâ—…r otheâ—… by force of Arms or by malice or mâ—…nacing shall disturb any to make free Election For violating which Law and antient custome the whole Pâ—…rliament of 1 H. 4. rot Parliamenti nu 36. thus impeached King Richard the 2. when they enforced him to resign his Crown for his misgovernment in this particular amongst others That although by the Statute and Custome of his Realm in the Assembling of every Parliament hâ—…s People in all Counties of his Realm ought to be free to choose and depute Knights for the said Counties to be present in Parliament and to declare their Grievances and to prosecute remedies thereupon as it should sâ—…m expedient to them Yet the said King that he might be able in his Parliaments more freely to obtain the effect of his rash will frequently directed his Mandates to his Sheriffs to cause certain persons nominated by the King himself as Knights of the County to come unto his Parliaments Which Knights verily favouring the King he mighâ—… easily induce as he frequently did sometimes by diven Menaces and tenors and sometimes by Gifts to consent to those things which were prejudicial to the Realm and very burdensome to the People and specially to grant to the said King a Subsidy for certainâ—… years to the over great oppression of his people Which misdemeanour and incroachment upon the freedom of his Subjects elections and packing of Parliaments for these ends lost him not only his peoples hearts but his very Crown Regal Power and life Which others who now tread in his footsteps and exceed him herein may do well advisedly to consider for fear of the like impeachment and tragical events In 11 R. 2. Rot. Claus. dors 13. The King sent Writs to the Sheriffs of Keâ—…t and all other Sheriffs to summon a Parliament with this New unusual clause by reason of the differences between the King and his Nobles Eligere homines in debatis modernis maxime indifferentes But this being a Novelty contrary to the Freedom of Elections and the Statute of 3 E. 1. c. 5. contra formam Electionis antiquitus 〈◊〉 et contra libertatem Dominorum et Communitatis regni hactenus obtentam Ideo therefore this clause was struck out of the Writs by order of Parliament ever since And that Parliament was afterwards repealed by the Parliament of 21 R. 2. When the Parliament of 6 H. 4. Anno 1404. was to be summoned the King by pretext of an Ordinance of 45 E. 3. rot Parl. n. 13. wrote Letters to the Sheriffs and other Officers * That no Lawyer should be chosen or returned a Knight or Burgesse for the Parliament yet inserted it not into the Writ as Walsingham and others mistake But the very next Parliament after 7 H. 4. the Commons grievously complained against the interruption of the Freedom of their Elections by these Letters Whereupon to prevent the like incroachment and intâ—…rruption for the future at the grievous complaint of the Commons of the undue Election of the Knights of the Coâ—…ties for the Parliament which be sometimes made at the affections of Sheriffs and otherwise against the form of the Writs to the great slauderâ—… of the Counties and hinderance of the businesse of the Comminalty in the said County it was ordained and establishid * by a special Act yet in force that all that attend to the Election of the Knigâ—…ts in the full County shall proceed to the Election freely and indifferently notwithstanding any Request or Commandement to the contrary By vertue of which Acts and premises all late Letters to Major Generals and Sheriffs with like or worser clauses to restrein the people in the freedom of their Elections must be void and illegal In 18 H. 6. n. 18. A New Election and Writ was awarded and sent to thâ—… Sheriff of Cambridge with proclamation That none should assemble with names to the New election nor intermeddle in it without warrant of Law the former election being vacated by reason of the force and disturbance Anno 38 H. 6. there was a Parliament summoned at Coventry on the 2. of November wherein divers Knights and Burgesses were returned by the Sheriffs nominated onely by the Kings Letters surreptitiously procured from him by divers seditious and other
not for the peoples safety ease wealth tranquillity as they then pretended which people though they then cried up * * January 1648. voted for the only Supreme Authority their free elections for the only Basis of all lawfull Magistracy Power in and over the Nation and their safity as the Supreme Law yet now they imperiously trample upon as their conquered slaves and both by their publike speeches actions proclaim to all the world They now no more value thâ—… than they doe the very Acornt of the Swine or dust of their feet no further than they are subservient to their own aspiring designs and selfish ends For those few remaining Abuses in our Laws execution yet unredressed by former Laws as they no waies concern the army or army-Officers as Souldiers being out of their calling Commission and fit only for Iudges or Parliaments in their defaults to redresse So they concern not the generality of the People many thousands of them having no sute at Law in all their lives and the most of them very rarely but foâ—… the most part only some Litigious contentious persons who out of their pride and animosity occasion these abuses and prolongations of sutes in Law which theyâ—… and others complain against and therefore are justly punished and rewarded by them the expensivenesse and â—…ediousnesse of their Law sutes being the best means to correct cure their contentious malicious spirits other sutes between peaceable persons being soon determined without any great expence or length of time if diligently prosecuted by honest Lawyers Attorneys and Sollicitors But the Grievances these Martial Reformers of our Laws have introduced under pretext of reforming some petty Abuses in the practice of the Law and Lawyers are of a far more grievous generall and transcendent nature subverting the very Fâ—…damental Laws and Liberties of the whole Nation and burthening them with two or three Millions of extraordinary Taxes Expences every year whereas all the abuses in the Law if rectified amount not to above 5 or 6 thousand pounds a year at the most and those voluntarily expended by litigious persons not exacted from or imposed upon any against their Wills as Taxes Excises Imposts Tunnage and Poundage now are by the Souldiers without Act of Parliament against our Laws Which if redressed by the Swordmen now is not ouâ—… of any affection towards or design to ease the People but out of spleen to the Profession and Professors of the Law and to increase the Peoples monthly Taxes to the Souldiers and maintenance of their new war to tenfold the value every year at least to what they now expend in Law-sutes by reason of these abuses they would now redresse which will be nothing so grievous expensive to the People as those alterations they intend to make in our Laws and legal conveyances which will but multiply Sutes and draw all mens estates into future seque â—…ration in few years space There are four thing specially provided for by our 〈◊〉 Laws and the original constitution ofâ—… our Government which principally concern all the Freemen of England in General above all things else 1. The Privileges and Fredome of their Parliaments and their Members 2. The safety and liberty of their Persons 3. The propriety of their Estates 4. The Free course of Common Law Right Juslice All which our Army Reformers have lately violated in the highest degree beyond the Presidents of the worst of former ages against all Laws of God and the Land their own Commissions Trusts Declarations Proâ—…estations Vowes Leagues Covenants Engagements without any colour of lawful Authority to the whole Nations intollerable Grievance Injury Oppression Impoverishing enslaving and yet would be reputed the only just upright faithful righteous conscientious Protectors Reformers of our Laws Grievances government and Gods most precious Saints and all others meeâ—…Malignants or Disaffected persons to Liberty and Reformation who oppose or dislike their proceedings secluding them out of their New Parliaments as such when elected most freely by the People 1. For the Privileges Freedom of Parliaments and their Members formerly held most sacred and inviolable (c) (c) See the Epistle and â—…ppendix to my Speech in Parliament and the History of Indâ—…pendency They have in their own and the Armies name impeached imprisoned suspended from sitting many Members of both Houses marched up professedly against them contrary to their Trusts Commands and the expresse Statutes of 5 R. 2. c. 4. 5 H. 4. c. 6. 8 H. 6. c. 1. 4 H. 8. c. 8. forced them to retract their own Orders Votes Ordinances eject imprison their own Members and Vote what they prescribed them Since which they imprisoned close imprisoned my self with sundry other Members in remote Castles sundry years without any cause hearing or recompenceâ—… for this transcendent injustice And not content herewith they contrary to both Houses Votes seised impeached abused condemned beheaded the late King (d) (d) Cook 4 〈◊〉 c. 1. modus 〈◊〉 Parliam The head of the Parliament suppressed abolished the whole House of Lords the antientest chiefest Members of it secured secluded the greatest part of the Commons House and forcibly dissolved the Parliament it self by the Sword without any writ contrary to an expresse act of Parliament And how they have disturbed secluded abused dissipated dishoused their own mock-Parliament and their Members even in the like manner How they and their new Instruments have New-modelled that they now call our Parliaments how they have deprived many antient Burroughs Cities of their right of electing Burgesses or of so many Burgesses as they ought contrary to their Charters and the expresse Statutes of 5 R. 2. c. 4. 1 H 5. c. 1. 32 H. 6. c. 15. 9 H. 8. c. 18 disabled many thousands of their Votes in Elections who have Voices and enabled others to be Electors who have no Votes by our Laws incorporated Scotish and Irish Knights Burgesses as Members into their late Parliaments and interrupted the Freedom of Elections by Letters Menaces armed Troops Soldiers and other indirect means against the Statute of 3 E. 1. c. 5. the great Charter and Constitutions Laws Rights Privileges of our Parliaments to make what Persons and Number of their own creatures they please a pretended Parliament to bind our three Nations by colour of a void illegal Instrument made sodenly by a few Privadoes of their own in a corner having no more legal force to bind our three Nations or Parliaments than a Fiddle-string or the new Cords wherewith the uncircumcised Philistines by their treacherous Dalilah bound Sampson of old which he brake from off his arms like a threed Judg. 16. 12. All which is so well known to themselves and others that I shall not insist any furtherâ—… thereon And are not all and every of these far greater abuses of more general important concernment to the whole Nation than any they would now reform or declaim against in our Laws or Lawyers fit now to be redressed being adjudged no
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 anâ—… 〈…〉 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 LOâ—…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 â—…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 â—…nce calling to mind and considering that in the Parâ—…iament of 5 R. 2 〈◊〉 Parl. n. 17 18. it was the reâ—…olution both of the Commons and Lords 〈◊〉 redress of their publick Grievances and oppressioâ—…s * that Reformation 〈◊〉 ought to begin in the Head and so gradually from the Highest 〈◊〉 to the Feet and that it will be bothâ—… 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 nâ—…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 â—…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 liâ—…tedâ—… 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 therâ—…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 Iâ—… thereupon apprehended I could not perform a more seasonable acceptable or beneficial service to my naaive Country in pursuance of the Protestation â—…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 lâ—…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 â—… 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
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
without cause shewed Nor any compelled to receive Souldiers or Mariners into their Houses against their wills Nor any man adjudged to death by Martial Law in times of Peace but only by the lawful trial of his 〈◊〉 according to the established Lawes and Custom of the Realm This addition would make the Sense and Construction thereof to be That the King by his Ordinary power and Prerogative could impose no Loan Tax Tallage or other things upon his Subjects without their common consent by Act of Parliament Nor imprison any Freeman without cause shewed Nor billet any Souldiers or Mariners in mens Houses against their wills Nor condemn nor execute any Subject by Martial Law But yet by his Soveraign power wherewith he is intâ—…usted for the Protection Safety and Happinesse of his people here left intirely to him he may when he saw cause and necessity impose what Loans Taxes Impositions and Charges he pleased on his people without common consentâ—… and Act of Parliament imprison them without cause shewed quarter Mariners and Souldiers in their houses against their wills and condemn execute them by Martial Law upon this pretext that it was for the Protection Safety and Happinesse of his people in general All which himself and his Council not the Judges and our Laws must determine And so this Addition if admitted would quite overturn the Petition it self thâ—… Great Charter and all other Acts recited in it and give an intimation to Posterity as if it were the opinion of the Lords and Commons in this Parliament that there is a trust reposed in the King upon some emergent cases and necessities to lay aside as well the Common Law as the Great Charter and other Statutes which declare and ratifie the Subjects Liberty and Property by his Soveraign power And so by consequence to enable him to alter the whole frame and fabriâ—…k of the Commonwealth and dissolve that Government whereby this Kingdom hath flourished for so many year under his Majesties most royal Predecessors Whereas in truth there is in the King no Soveraign Power or Prerogative royal to enable him to dispute with or take from his Subjects that Birthright and Inheritance which they have in their Liberties by virtue of the Common Law and these Statutes which are meerly positive and declarative conferring or confirming ipso facto an inherent Right and Interest of Liberty and Freedom in the Subjects of this Realm as a Birthright and Inheritance descended to them from their Auncestors and descendible to their Heirs and Posterity But the Soveraign power wherewith he is intrusted is only for the protection safety and happinesse of his people in preserving this their inherent Birthright and Inheritance of Liberty and Freedom and those Lawes and Statutes which ratifie and declare them Uponâ—… these and other reasons alleged by the Commons the Lords after three large Conferences agreed fully with the Commons and rejected this destructive 〈◊〉 to the Petition of Right which the Lords and Commons in their * Declaration touching the Commission of Array January 16. 1642. to which many now in power were parties recite insist on and corroborated in Parliament as an undoubted truth If then the King by his absolute Soveraign power wherewith he was intrusted could upon no emergent occasion or 〈◊〉 whatsoever violate elude evade subvert all or any of these fundamental Laws Liberties Rights and Inheritances of the Subject by the joynt unanimous resolution of the Lords and Commons in these two Parliaments of King Charles much lesse then may any other Person or Persons or new Powers do it who condemned him for a Tyrant and suppressed Kingship as tyrannical over burdensome dangerous to the peoples Liberties Safety Prosperity upon any real or pretended Necessity or Emergency whatsoever Much lesse may any true English Parliament permit or enable them upon any pretence to do it in the least degree to the prejudice of 〈◊〉 after so many publick Parliamentary and Military conflicts for these Laws and Liberties The rather because that our Noble Ancestors would admit no Saving or Addition to the Great Charter or any 〈◊〉 for its confirmation that might any wayes impeach their Liberties Rights or Proprieties And when King Edward the 1. in the 28 year of his reign upon the Petition of the Lords and 〈◊〉 granted a New Confirmation of their Charters and in the * close thereof added this Clause Salvo 〈◊〉 Coronae Regis That the right and prerogative of his Crown should be saved to him in all things Which the Lords most insisted on to justify the forementioned rejected Addition to the Petition of Right when it came to be proclamed in London the peopleâ—… hearing this Clause at the end thereof added by the King fell into execration for that Addition and the great Earls who went away satisfied out of Parliament hearing thereof went to the King and complained thereof who promised to redress it as Mr. Selden then informed the Commons house out of a Leiger Book of that year in the publike Library of the Vniversity of Cambridge Whereupon in the Statute De Tallagio non concedendo 34 E. 1. the King to please his discontented Lords and Commons not only granted That no Tallage or Ayd should be taken or levied by us or our heirs in our Realm without the good will and assent of the Archbishop Bishops 〈◊〉 Barons Knights Burgesses and other Freemen of the Land c. 1. But likewise added c. 4. We will and grant for us and our Heirs That all Clerks and Lay-men of our Lvnd shall have their Laws Liberties and Free Customes as they have used to have the same at any time when they had them best And if any Statutes have been made by us or our Ancestors or any Customs brought in contrary to them We will and grant That such 〈◊〉 of Statutes and Customs shall be void and frustrate for evermore Yea King Edward the 3. in pursuance thereof in the Parliament of 42 E. 3. c. 1. assented and accorded That the Great Charter and Charter of the Forest be holden and kept in all points And if any Statute be made to the contrary that shall be holden for none And 〈◊〉 3 It is assented and accorded for the good Government of the Commons that no man be put to answer without Present 〈◊〉 before Justices or matter of Record or by due Process and writ original according to the old Law of the Land And if any thing from henceforth be done to the contrary it shall be void in the Law and holden for Errour And therefore we all jointly and severally expect and claim the like Declaration and Resolution in all these particulars being assented to by King Charls himself in the Petitionâ—… of Right and by these antient Warlike Kings and true English Parliaments from whose vigilancy magninamity unaminity zeal courage in defence of theâ—…e our fundamental Charters Laws Rights Liberties we should now be ashamed to degenerate after so many years wars and vast
expences for their preservation and all sacred solemn Protestations Vows Leagues Covenants Declarations Remonstrances and Ordinances engaging us with our lives and fortunes constantly to defend them all the daies of our lives against all oppositioâ—… And if any who pretend to the Name or power of a Parliament should now refuse or neglect to do their duties herein they may justly expect to be had in perpetual detestation and execration both with God and all English Freemen XII It was frequently averred declared (k) by the Commons in this Parliament That the old custome and use of our Parliaments constantly hath been and ought to be to debate redress all publick grievances and re-establish secure their violated * Great Charter Laws Rights and Liberties in the first place of all before they debated or granted any aides or subsidies demanded of them shough never so pressing or necessary it beâ—…ng both dangerous imprudent and a breach of their trusts towards the people who elected them to play an After-game for their Liberties Laws and Grievances which would never be effectually redressed after subsidies once granted VVhereupon they refused to pass the Bill of Subsidies then granted till the Petition of Right was fiâ—…st assented unto enrolled and their Grievances redressed by the King XIII They cast Sir Edmund Sawyer a Member of the Commons House out of it upon solemn Debate (l) committed him Prisoner to the Tower and perpetually disabled him to serve in Parliament for the future for having a chief hand in making a Book of Rates for Tunnage and Poundag and laying imposiiontâ—… on the Subject in nature of a Projector without grant or Act of Parliament And likewise suspended Mr. John Baber then Recorder and Burgesse of Welle only for making a Warrant to billet Souldiers on some of the Townsmen against the Law and Subjects Liberty out of of fear Resolving that all Projectors and Promoters of illegal impositions Taxes 〈◊〉 Projects out of base fear which Mr. Baber or by regal ' command which Sir Edmund Sawyer pleaded for his excuse were unfit to sit or vote in any English Parliament and fit to be turned out thence by judicial sentence with greatest Insamy And whether any such be fit to be Members at any other season let those whom it concerns determine XIV In this Parliament of 3 Carâ—…li the (a) Speaker in the close of his first Speech to the King according to (b) usual custome in former ages prayed 3 Privileges in behalf of every Member of the Commons House the first whereof was That for the better attending the publick and important services of the House all and every Member thereof and their necessary attendants may be free both in Person and in Goods from all Arrests and troubles according to their antient Privileges and immunities Which the King then readily granted them all according to the true Rights and Privileges of Parliament By the mouth of the Lord Keeper (c) After which Sir Edward Cook arguing against the King and his Councils power to commit men only by special command without any legal cause expressed in the Warrant in the House used this expression This concerneth not only the Commonalty but the Lords and therefore it deserveth to be spoken of in Parliament because this might dissolve the Parliament and this House for we may be then all one after another thus committed 31 H. 6. rot Parl. n. 26 27. (d) No Member of Parliament can be arrested but for Felony Treason or Peace And all here may be committed under thefe pretences and then where is the Parliament Surely the Lordâ—… will be glad of this iâ—… concerns them as well as us (e) Not long after the Common House being informed that Sir Robert Staâ—…hop a Member there of was committed by the Lords of the Council thereupon the House in whose power it was either to send an Habeas Corpus or their Sergeant with his Mace for any Member committed as was resolved the last Parliament before this together with the cause thereof ordered That their Sergeant should go with his Mace and bring Sir Robert Stanhop with his Keeper and the Warraut for his commitment into the House the next morning they sate Who accordingly brought him with the Marshal of the Houshold and the Warrant wherein it was declared That his commitment was by the Lords of the Council for breach of the peace and refusing to give Suretiet for the Peace upon a challenge and a Duel intended by him as the truth of the Case appeared Whereupon the House were of opinion That standing committed for his real breach of the peace and refusing to give Sureties he could not have his Privileges without giving good security in the Kings Bench to keep the peace ' And Mr. â—…anshaw alleging That in such cafâ—…s some Members by order of the House had entred into Recognizances in the Kings Bench in former times to keep the Peâ—…ce a Committee was ordered to search out the Presidents and consider of the Case But the quarrel being soon after taken up thereupon the Lords released Sir Robert without Sureties to attend the service of the House On the 28 of April 1627 Sir Simon Steward a Member of the Commons House being served with a Sub poena ad audiendum judicium out of the Star-chamber at the suâ—…e of the Kings Attorâ—…y upon a Bill there exhibited against him for sundry misdemeanours complained thereof to the House and shewed that he had beenâ—… inticed to enter into a Bond and Recognizance of 500 l. not to claim any privilege of Parliament The House upon solemn debate hereof April 20. resolved That Sir Simon notwithstanding this Bond and Recognizance should have his Privilege allowed him because he was elected by and served for others and could not make a Proxy and because else the House might thereby be deprived of his attendance by his Censure Yea this Recognisance with the Condition thereof not to claim his Privilege were held to be void and against the Law And by order of the House the pâ—…rty who served the Subpoena on Sir Simon Steward was sent for as a Delinquent and Sir Simon commanded to attend the service of the House and not the hearing of the cause Vpon this on the 10th of May the Inhabitants of the Isle of Ely exhibited a Petition against Sir Simon to the House complaining that they had exhibited an Information against him in Starchamber for taking bribes about pressing of Souldiers as a Deputy Lieutenant and defrauding the Country about the Kings composition which cause was ready for hearing Petitioning the House that he might wave his privilege having enâ—…red into a Bond of 500 l. not to claim it But it was resolved upon debate That the Commons House was Judge of any offence done by the Members of it And thereupon ordered That a Committee should examine the Witnesses and other proofs of the Charge against him and so this House to proceed to
of Richard the first who placed in every County armed Troops of Mercinary Souldiers under New Governors of his own Creatures to over-awe and enslave the People and impose what Taxes and exactions he pleased under pretext of preserving the publick Peace and suppressing theevs and Tumults yet was shamâ—…lly stript of all his Authority and forced to flye over Sea disguised in womens apparel within one year after not withstanding all his Guards or Garâ—…isons or of the (p) Turkish 〈◊〉 and Beglerbegs as most Patriots of theiâ—… Countries Freedome and the ordinary people mutter and their exorbitant Tyrannical proceedings in apprehending taxing decimating dis-officing dis-franchising and sequeltring all sorts of men in Counties and Corporations at their pleasure in controuling all Officers and Ministers of Justice in intermedling with all mensutes and causes upon any informations or Petitions after Judgements Verdicts Decrees and whiles pending or ended in any Courts of Law or equity in summoning the parties to appear before them and committing menacing them for not appearing in usurping all the Civil as well as Military Power and Jurisdiction into their own hands in levying illegal Taxes by Souldiers and quartering them upon Refusers adjudged High Treason in Straffords Case for which he lost his Head sequestring Ministers at their pleasures and taking upon them to nominate all Iurymen and New Parliament men to the Sheriff as some of them have done and commit men to Prison upon civil causes or sutes I leave to all such who have taken the Protestation the solemn League and Covenant to all Lovers Patrons of English Liberties and Declamers Engagers against arbitrary Tyranny yea toâ—… the Consciences of all those army Officers Sculdiers and Major Generals themselves to resolve who were penners subscribers approvers applauders of or assenters to the printed Engagements Remonstrances Representations Proposals Desires Letters and Resolutions for sâ—…ling this Nation in its just Rights the Parliament in their just Privileges and the Subjects n their just Liberties and Freedoms published in the name of the General and general Councel of the Army and of all officers and Souldiers of the Army in one Volume London 1647. Which how sincerely they have since for the most part of them performed let God their own consciences and our whole Nation determine To expiate which former guilt let them now at last upon second and sober thoughts effectually make them all good to avoid the perpetual infamy of the most detestable Perjury Treachery Hypocrisy Fraud Impiety Apostacy Tyranny 〈◊〉 that ever any Christian Saint-like Army and Officers were guilty of in the eyes of God or men which else they will incurre and for the present settlement of our three Nations in their Lâ—…berty Peace and Christiaâ—… Unity without more effusion of English Scotish or Irish bloud to regain those just fundamental old Rights Liberlies Privileges Freedoms Laws for which they first took up Arms in reality or pretence at least against the beheaded King transmitted to them by their Ancestors and their richest Birth-right and best Inheritance as therefore most unfit to be all betray'd surrendred lost subverted now without any further dispute after so many years conflicts for their preservation I shall close up all with this memorable Petition of the whole House of Commons to the late King by the Speaker and Whole House at Whitâ—…all concerning the intolerable Grievance of billetting and keeping of Souldiersâ—… amongst them but for a few months only in that Parliament of 3 Caroli April 24. 1628. which the King then granted and provided against for the future in the Pâ—…ition of Right though since condemned (q) as the worst and greatest of Tyrants by some who succeeed him at Whitehall And therefore is much more just and reasonable to be granted by them now for the Peoples case after so many years of incessant Contributions quartering and continuing of armed Mercinary Souldiers amongst them Winter and Summer without any actual imployment for them but to terâ—…ifie seize imprison Guard oppresse enthrall impoverish diâ—…-inherit of all hereditary Liberties rights privileges our English Freemen at their pleasures and to over-awe force dissolve even Parliâ—…ments themselves and secure seclude their Members for whose Protection they were first raised VVhen as the Parliament of 5 R. 2. rot Parl. n. 1. was adjorned for 3 days space because great force of armed men and others arayed in Warlike mannâ—…r came to the Parliament by reason of the great debate between the Duke of Lancaster and the Earl of Northumberland And the Parliament of 11 R. 2. 21 R. 2. were both repealed because they were held with many armed men and Archers who over-awed enforced them to consent to bills against their wills as the printed Statute of 21 R. 2. c. 12. 1 H. 4. rot Parl. n. 20 21 22 38 70. aâ—… large inform us so inconsistent are force and arms with the freedome and essence of a true English Parliament as the armies Confederates in their own Ordinance of 20 August 1647. the Speakers own printed Letter July 29. 1647. with the Solemn Protestation of the prisoned and secluded Members December 11 and Febr. 13. 1648. will further resolve the Nation and Souldiers against whose billetting and scatering abroad in companies here and there in the heart and bowels of the Kingdome to inthrall and oppresseâ—… it the whole Commons House then thuâ—… petitioned To the Kings most excellent Majâ—…sty IN all humblenesse complaining sheweth unto your mâ—…st Excellent Majesty your loyal and dutiful Câ—…mons now in Parliament Assembled That 〈◊〉 as by the Fundamental Laws of this your Realm verâ—… Freeman hath and of Right ought to have a full and absolute propriety in his goods and estate and that therefore the billetting or placing of Souldiers in the House of any such Freeman against his VVill is directly contrary to the Laws under which we and our Ancestors have been so long and happily Governed Yet in apparent violation of the said antient and undoubtted Rights of your Majesties Loyal Subjects of this your Kingdome in Generall and to the grievous and insupportable vexation and detriment of many Counties and persons in parâ—…icular A new and almost unheard â—…f way hath been invented and put in practice to lâ—…y Souldiers upon them scattered in companies here and there even in the heart and bowels of this Kingdome and to compell many of your Majesties Subjects to receive and lodge them in their own Houses and both themselves and others to contribute towards the maintenance â—…f them to the exceeding great disservice of you Majesty the general terror of all and utter undoing of many of your good people In so much 〈◊〉 we cannot suâ—…iciently recount nor in any sort proportionably to the sense we have of ouâ—… present misery herein are we able to represent to your Majesty the innumerable mischiâ—…fs and most grievous exactions that by this means alone we do now suffer whereof we will not pâ—…sume to trouble your sacred Ears with particular
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
your Privy Counsel against the Laws and free Customs of the Realm And whereas also by the Statute called the Great Charter of the Liberties of England it is declared and enacted That no Free-man may be taken or imprisoned or be disseised of his Freehold or Liberties or free Customs â—… or be out lawed or exiled or in any manner dâ—…stroyed nor passed upon nor condemned but by the lawfull Iudgement of his Peers or by the Law of thâ—… Land And in the 28 year of King Edward the 3. it was enacted and declared by an Authority of Parliament that no man of what State or condition soever shall be put out of his Lands or Tenements nor taken nor imprisoued nor disinherited nor put to death without being brought to answer by due process of Law Neverthelesse against the Tenor of the said Statutes and other the good Laws and Statutes of your Realm to that end provided divers of your Subjects have of late been imprisoned without any cause shewed and when for their deliverance they were brought before your Justices by your Majesties writs of Habeas Corpus there to undergo and receive as the Court should order and the Keepers commanded to certifie the causes of their deteiner no cause was certified but that they were deteined by your Majesties special command signified by the Lâ—…rds of your Privy Council And yet were returned back to several Prisons without being charged with any thing towhich they might make answer according to Law And whereas of late great companies of Souldiers and Mariners have been dispersed into divers Counties of the Realm and the Inhabitants againâ—…t their Wills have been compelled to receive them into their Houses and there to suffer them to 〈◊〉 against the Laws and Customes of this Realm to the great Grievance and Vexation of the people And whereas also by authority of Parliament in the 25 year of King Edward the third it was declared and enacted That 〈◊〉 man should â—…e forejudged of life or limbs against the form of the Great Charer And by other the Laws and Statutes of this Realm No man ought to be adjudged to death but by the Laws established in this your Realm either by thâ—… Customes of the same Realm or by Act of Parliameâ—…t And whereas no Offender of what kind soever is exempted from the proceedings to to be used and punishments to be infflicted by the Laws and Statutes of this your Realm Neverthelesse of late time divers Commissions under your Majesties Great Seal have issued forth by which certain Persons have been assigned and appointed Commissioners with Power and Authority to proceed within the Land according to the custome of Martial Law against such Souldiers or Sea-men or other dissolute Persons joining with them as should commit any Murther Robbery Felony Mutiny or other Outrage or misdemeanour whatsoever and by such Summary Caurse and Orders as is agreeable to Martial Law and as is used in Aâ—…mies in timâ—… of Wars to proceed to the Trials and condemnaâ—…ion of such Offenders and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have been by some of your Majesties Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the 〈◊〉 Laws and Statutes also they might and by no other ought to be judged and executed And also sundry grievous Offenders by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that dâ—…vers of your Officers and Ministers of Justice have unjustly refused or forborn to proceed against such Offenders according to the same Laws and Statutes upon pretence that the said Offenders were punishable only by Martial Law and by Authority of such Commissions as aforesaid Which Commissions and all other of like nature extended to any except Souldiers or Mariners or to be executed in time of Peace or when or where your Majesties Army is not on foot are wholly and directly contrary to the said Laws and Statutes of this your Realâ—… They do therefore humbly pray your most excellent Majesty that none hereafter be compelled to make or yield any gift Loan Benevolence Tax or such like charge without common consent by Act of Parliament And that none be called to make auswer or take such Oath â—…r to give attendance or be confined or other wise molested or disquâ—…eted concerning the same or for refusal thereof And that no Freeman in any such manner as is before mentioned be imprisoned or deteined And that your Majesty would be pleased to remove the said Souldiers and Mariners and that your People may not be so burthened in time to come And that the aforesaid Commission for proceeding by Martial Law may be revoked and anulled And that hereafter no Commission of like nature may issue forth to any Person or Persons whatsoever to be executed as aforesaid lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and franchises of the Land All which they humbly pray of your most excellent Majesty as their Rights of Liberties according to the Laws and Statutes of this Realm And that your Majesty would also vouchsafe to declare that the awards doings and proceedings to the prejudice of your People in any of the premises shall not be drawn hereafter in consequence or example And that yonr Majesty would also be graciously pleased for the futher comfort and safety of your People to declare your Royal Will and pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Reâ—…lm as they tender the honor of your Majesty and the Prosperitie of this Kingdome To which Petition King Charles at last gave this full and satisfactory Answer Soit droit â—…ait come il est desire par le Petition that is Let All Right be done as it is desired by the Petition To the unspekaâ—…ble joy of this Parliament and all his Subjects Adding withall thereunto I assure you my Maxim is That the Peoples Liberties strengthen the Kings Prerogative and that the Kings Prerogative is to defend the Peoples Liberties The benefit of which most excellent Law 〈◊〉 and of all the precedent Parliamentary Votes Lawes with the present repealing and vacating all Acts Votes Orders Ordinances Declarations Resolutions Iudgements Instruments repugnant thereunto as meerly void in Law by the express Statutes of 25 E. 1. c. 2. 42 E. 3. c. 3. and the Petition of Right we all now jointly and severally claim as our undoubted Birth-rights and as the Price Crown Trophy Guerdon of all our late Parliamentary Counsels expended Treasures Bloudsheds Wars Victories over the real or pretended Enemies of these our just Liberties Franchises Rights Laws and Introducers of an Arbitrary and Tyrannicall Government repugnant thereunto wherein many thousands of the Nobility
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 Sworâ—…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-oppressedâ—… 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 Impostâ—…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 Plâ—…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 Râ—…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 â—…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 Histâ—…ricalâ—… 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 connaturalâ—…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 â—… 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 Collâ—…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 Lâ—…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 â—… which I my self had many years since reformed as I told Mâ—… 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 exciseâ—… 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
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 〈◊〉 〈◊〉
〈◊〉 〈◊〉 〈◊〉 〈◊〉 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—…
evil disposed persons to destroy and suppresse others of a contrary party without any election by the people This packed Parliament ordered That they should stand and serve as Knights and Burgesses though they were not elected nor duly chosen and that the Sheriffs should not incurre the penalties of the Stacuâ—…e of 23 H. 3. c. 11. as appears by 38 H. 6. n. 35. and the Statute of 39 H. 6. c. 1. But what was the issue The very next year a new Parliament being summoned the first Act they made was to declare this Parliament and all Acts Statutes and Ordinances made therein to be null and void and of no force and effect Because it was unduly summoned a great part of the Knights for divers Counties of this Realm and many Burgesses and Citizens for divers Boroughs and Cities in the same Appearing were named returned and accepted some of them without due and fréeâ—… election some of them without any election against the course of the Kings Laws and the Liberties of the Commons of the Realm by the means and labours of the said seditious Persons c. As the Statute of 39 H. 3. c. 1. worthy perusal and consideration of this next Assembly resolves in positive termes though not one of those then duely elected by the people was secluded Which I desire all our ignorant violent Swordmen young Statesmen and Instrument-makers to take Notice of for fear all their Conventions Acts and proceedings prove meer Nullities in conclusion upon this account of unfree and undue elections and seclusions of Members duly elected against Law and the Parliaments Peoples Rights and Privileges 16. In this Parliament of * 3 Caroli the Attornies of York complained to the Commons House that King Charles in the second year of his reign had granted to Sir Thomas Mounson by Patent the sole making of all Bills Declarations and Informations before the Counsel of York and like wise the sole making of Letters Missives and Processe in that Court for 3. Lives The Committee of Grievancâ—… and after that the whole House of Commons in the Parliament of 18 Iacobi and after that in the Parliament of 19 Iacobi 29 Novemb. adjudged the like Patent as this made by King Iames to John Lepâ—…on 4 Iacobi of this Office To be a Grievance and Monopoly both in the creation and execution And the whole Committee of Grievances and Commons House upon the Report and full debate of this Patent to Sir Thomas Mounson adjudged it likewise to be a Grievance both in the Creation and Execution in respect of Bils Declarations and Informations though not in respect of Letters and Processe the sole making whereof the King might lawfully grant upon the erecting of this Court by a special Patent but being mixed with Bills Declarations and Informations in the same Patent they adjudged the whole Patent to be a Grievance as they likewise resoved the Earl of Holland his Patent of Exchange for the sole buying of Gold and Silver to be a Monopoly and Grievance both in the creation and exâ—…ion June 23. 1628. And that principally for 3 Reasons First because it was a * Monopoly within the Statute of 21 Jacobi tending to the prejudice of the Attornies of York in their very Profession of making Bils Declarations Informations which they antiently made and likewise of the people who must dance attendance on this sole Secretary and his Clerk til they were at leisure to dispatch their Bils and Declarations 2ly Because upon the making of Bils and Declarations men must shew their evidences to this Patentee and his Clerks and trust them with them as in cross Bils they must see the evidences of both parties which would be very mischievous and prejudicial to the Clients 3ly Because this would erect a New fee and bring a New charge upon the people Which fee Lepton took for the execution of his Patent though Mounson had not yet taken any New fee And whether the old Court project which I formerly twice quashed now about to be revived as I hear of erecting Registers in every County to record all Morgages Feoffments Lâ—…ases Sales of Lands Statutes Fines and Obligations made therein to prevent fraudulent conveyances and other mischiefes as the Projectors pretended but in truth to put a new charge 〈◊〉 and intollerable vexation upon all sorts of people to their intollerable prejudice and vast expence os many thousand pounds a year for fees and travelling charges which these Projectors only aim at for their private Lucre and to discover all mens real and personal Estates as King Richard the first and his Successors did the English Jews estates and wealth by the self same device and then seised and confiscated them at their pleasures as you may read at large in the First and Second part of my Sâ—…ort 〈◊〉 to the Iâ—…ws long discontinued barâ—…d Remitter intoâ—… Englaud will not prove a greater Grieviance than this Patent for the self same reasons and sundry others Whether the Committee for sole approbation of Ministers to livings who must all post up to London and there dance attendance sundry weeks or Months to their vast expence and ost times return at last withâ—…t their expected preferments without any sufficient cause alleged either to their Patrons or themselves being held fit for other livings but not for those to which they are presented especially if benefices of good value or note to which some of the Approvers their Friends or kinred have an eye And the New fees there paid to their Clark and Register for approbations and admissions be not as great a Grievance and Monopoly as this of Lepton and Mounson fit to be redressed I refer to the approaching Asâ—…emblie and others to resolve upon full debate and sundry complaints I have heard made by divers against their Proceedings and New erected Fees Which cannot be created but by act of Parliament as is resolved 13 H. 4. 14 Brook Patents 100. Fiâ—…zh Nat. Brev. f. 122. Cook 11 Report Darcies Case sol 86. b. 17. They appointed a * special Committee to hear examine report punish the manifold complaints of the â—…ounties and Corporations of England against the New exorbitant power and proceedings of Lâ—…enants and Depuâ—…y-Lieutenant in quartering Souldiers in mens Houses against their wills in imposing rates and taxes on the Country without Act of Parliament for the payment and biâ—…ing of Souldiers and levying them by Souldiers on such as refused to pay them by quartering Souldiers upon â—…hem till paid or imprisoning or vâ—…xing the Refusers For which these Lieutenants Deputy-Lieutenants and Officers of the Souldiers were sent for as Delinquents and their New power and proceedings voted to be contrary to Law and the Subjects Liberties Pâ—…icious to the Country and dishonorable to theâ—… King And whether the late erected New Powers of our Major Generals and their Deputies throughout England be not such in imitaâ—…on of (o) Wil. Longcham the first Protector in the Reign