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A91291 A summary collection of the principal fundamental rights, liberties, proprieties of all English freemen; both in their persons, estates, and elections; and of the memorable votes, resolutions, and Acts of Parliament, for their vindication and corroboration, in the late Parliaments of 3 & 17 of King Charles; collected out of their Journals, and printed Ordinances. Most necessary to be known, considered, re-established (in this present juncture of publick affairs) with all possible old and new securities; against past, present, and future publick violations, under-minings, by force or fraud, for the much-desired healing of the manifold large mortal wounds in these chief vital parts, and repairing the various destructive subversive breaches in these prime foundations of our English state fabrick; without which no effectual present or future healing, union, peace, or settlement can possibly be expected, or established in our distracted nations. / By William Prynne of Swainswick Esq; a bencher of Lincolns Inne. Prynne, William, 1600-1669. 1656 (1656) Wing P4095; Thomason E892_3; ESTC R206517 46,699 73

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own Houses and both themselves and others to contribute towards the maintenance of 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 as we cannot sufficiently recount nor in any sort proportionably to the sense we have of our present misery herein are we able to represent to your Majesty the innumerable mischiefs and most grievous exactions that by this means alone we do now suffer whereof we will not presume to trouble your sacred Ears with particular information Only most gracious Soveraign we beg leave to offer unto your gracious view and compassionate 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 places 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 people dare not passe to and fro upon their usual occasions 8. Frequent Robberies Assaults Burglaries Rapes Rapines murders barbarous 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 to 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 perplexed with the apprehensions 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 setled and most constant administration of Justice not easily ruled are most apt upon this occasion to cast off the reigns of Government and by themselves with those disordered Souldiers are very like to fall into mutiny and rebellion Which in faithful discharge of our Duties we cannot forbear most humbly to present unto your high and excellent Wisdom being possessed with probable fears that some such mischiefs 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 beseech your Majesty to take into your Princely consideration that many 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 especially some of their Commanders and Captains being as Papistically affected as themselves and having served in the wars on the part of the King of Spain or Arch-Dutchess against your Majesties Allies Which of what pernicious consequence it may prove and how prejudicial to the safety of all your Kingdom We humbly leave to your Majesties high and Princely Wisdom And now upon these and many more which might be alleged most weighty and important reasons grounded upon the maintenance of the worship and service of Almighty God the continuance of your Majesties high Honor 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 preventing 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 Commmons 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 enacted by a Statute made in the time of King Edward the 1. commonly called Statutum de Tallagio non concedendo That no Tallage or Aid shall be taken or levied by the King or his heirs in this Realm without the good will or assent of the 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
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 entred 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 Iudgement against him Which was done accordingly To these cases of Privilege in the Commons House I ●●all adde another memorable one in the Lords House ●● 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 u● 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 knowl●dge 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 Sratutes 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 sati●fie our selves the better we have heard all that could be alleged by your Majesties learned Counsel at law that might any way infringe or weaken this claim of the Peers And to all that can be shewed or alleged so full satisfaction hath been given as that all the Peers in Parliament upon the Question made of this Privilege hath una voce consented that this is the undoubted Right of the Peers and hath inviolably béen enjoyed by them Wherefore we your Majesties loyal Subjects and humble Servants the whole Body of the Peers now in Parliament assembled most humbly beseech your Majesty that the Earl of Aruudel a Member of this Body may presently be admitted by your Gracious favour to 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 was 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 London for certain dayes till this breach of their Privileges was repaired and their Mmbers restored vindicated cleared by the King who released all further prosecution against them From which Presidents in these Parliaments of King Charles it is observable 1. That it is an antient and undoubted Privilege and Right of all and every Mrmber of Parliament as well Commoner as Peer as likewise of their necessary Servants and Attendants to be free from all Arrests Imprisonments and restreints whatsoever by the King Council or 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 Waltons case and Sir George Ha●●ings case 2 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 Commonalty of the Realm of England 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 moiested or inquieted and gives 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 fined and otherways punished and of losing their wages besides as is clear by the Statute of 5 R. 2. Parl. 2. c. 4. The King doth will and command and it is assented in the Parliament by the Prelates Lords and Commons that all and singular Persons and Commonalties which from henceforth shall have the summons of Parliament shall come from henceforth to the Parliament in the manner as they be bounden to doe and have been accstomed within the Realm of England of old times And every person of the same Realm which from henceforth shall have the said summons be he Archbishop Bishop Abbot Prior Duke Earl Baron Baneret Knight
whatsoever as well Supreme as subordinate all Members of Parliament Barresters Attornies Graduates in our Universities Steward of Leets and Court-Barons throughout our 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 Assize 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 Grievances whatsoever against the Great Charter the Petition of Right and other Good Lawes for the preservation of the Liberty Right and Property of the Subject by any person or persons to the end that they may be exemplarily punished according to Law by Fines Imprisonments or otherwise as the quantity and quality of the Offences deserve It being the * Advice Desire Proposition and Petition of the whole Commons house first and after of the Lords and Commons house joyntly to King Charles in his last Parliament to which he readily assented though never since put into actual execution which is now most necessary to be effectually accomplished for the future having been so long neglected After these Votes and the Petition of Right passed several Impositions upon Wines Currans Tobacco Beer and the taking of Tonnage and Poundage without Act of Parliament being complained of it was by special Votes and Declarations of the Commons House resolved and declared in the same Parliament 8. e That the receiving of Tunnage and Poundage and other Impositions not granted by Parliament is * a breach of the fundamental Libberties of this Kingdom 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 fi●st acts for Tunnage and Poundage in the last Parliament of King Charles and all those in a Premunire and disable● 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 raise monies by Impositions or otherwise as they in their wisdoms should find convenient for the safety and defence of the King Kingdom and People the Kings Pro●estant 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 the Lord Keeper and by them afterwards sent to the Commons and the Warrant with all Inrollments of it were cancelled and ordered by the Commons that the Projector 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 Charls in printed Speeches and Declarations And if this intended Commission of Excise though never executed was thus frequently damned as an 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 Parliament X. The Commons House in that Parliament upon solemn Argument and Debate concluded That by the Laws of this 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 be otherwaies bound by the Tenures of their Lands or possessions Nor yet sent out of the Realm against his Will upon any forein imployment by way of an honorable banishment Which Resolution in the last Parliament of King Charles was enacted 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 Declarations 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 successively 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 Tyrant together with Strafford and Canterbury for infringing them to oppose contradict violate or infringe them all in a more transcendent publike manner than he or his worst Ministers formerly have done and now not really chearfully to corroborate defend transmit them to posterity in full vigor by all good wayes and corroborations that possibly can be devised without the least opposition and dispute to make the Nation free and their own posterity together with it XI After the Petition of Right had passed the Commons House and was transmitted to the Lords the House of Lords desired that this Clause might be added to the close thereof We humbly present this Petition to your Majesty not only with a Care of Preservation of our own Liberties but with a due regard to leave intire that Soveraign Power
wherewith your Majesty is trusted for the Protection Safety and Happinesse of your People The Commons after a long and full Debate resolved That this Saving ought 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 Peers 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 intrusted 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 consent 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 the 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 fabrick 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 des●ended 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 Upon these and other reasons alleged by the Commons the Lords after three large Conferences agreed fully with the Commons and rejected this destructive Addition 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 necessity 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 Posterity 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 Statutes 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 Commons granted a New Confirmation of their Charters and in the * close thereof added this Clause Salvo jure 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 people hearing this Clause at the end thereof added by the King fell into execration for that Addition and the great Earls who went away ●atisfied 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 Do 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 Archbishops Bishops Earls 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 Land 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 manner of Statutes and Customs shall be void and frustrate for evermore Yea King Edward the 3. in pursuance thereof in the Parliament of 4● 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 he made to the contrary that shall he holden for none And c. 3 It is assented and accorded for the good Government of the Commons that no man be put to answer without
Present more before Justices or matter of Re●ard 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 ●rrour 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 Petition of Right and by these antient Warlike Kings and true English Parliaments from whose vigilancy magnanamity unaminity zeal courage in defence of these our fundamental Charters Laws Rights Liberties we should now be ashamed to degenerate after so many yeats 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 opposition 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 though never so pressing or necessary it being 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 fi●st assented unto enrolled and their Grievances redr●ssed 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 imposiions 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 fear Resolving that all Projectors and Promoters of illegal impositions Taxes billetings 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 vo●e in any English Parliament and fit to be turned out thence by judicial sentence with greatest Infamy 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 Caroli 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 these pretences and then where is the Parliament Surely the Lords will be glad of this it concerns them as well as us e Not long after the Common House being informed that Sir Robert Stanhop a Member thereof was committed by the Lords of the Council thereupon the House in whose power it was either to send an Habeas Corp●s 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 Ma●e and bring Sir Robert Stanhop with his Keeper and the Warrant for his commitment into the House the next morning they fate 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 Su●●ti●t 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. ●a●shaw all●ging That in such cases some Members by order of the House had entred into Recogni●ances in the Kings Bench in former times to keep the Peace 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 ●8 of April 1627 Sir Simon Steward a Member of the Commons House being served with a Sub p●na ad audie●dum judicium out of the S●ar-chamber at the sute of the Kings Attorny upon a Bill there exhibited against him for sundry misdemeanours complained thereof to the House and shewed that he had been 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 hold and against the Law And by order of the House the party 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
of the Shire Citizen of City Burgesse of Borough or other singular Person or Comminalty which doth absent himself or come not at the said Summons except he may reasonably and honestly excuse 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 H. 6. c. 15. 9 H. 8. c. 16. The Act for Triennial Paliaments 16 Caroli 31 H. 6. n. 45 46. 8 Martii 23 Eliz. 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 Parliament 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 be the sole Iudge of the due elections offences fitnesse ejection seclusion suspension imprisonment of the Members of Parliament And that no Member ●n 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 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 impeached 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 Institutes p. 23 24 c. And expresly declared by the Lords and Commons in their printed Declaration Octob. 23. and Remonstrance Novemb. 2. 1 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 without 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 till 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 made void and repealed 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. 1 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. which expresly provide That all the Barons Citizens Burgesses Comminalties and Counties shall be summoned to every Parliament And if any Sheriff of the Realm be from henceforth negligent in making his returns of 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 amerced or otherwise punished in the manner as was accustomed to be done in the said case in times past They being all to be summoned as formerly exdebito Iusticiae as Sir Edward Cook resolves in his 4th Institutes p. 1. printed by the Commons House special Order else the Parliament will be Void and Null as the Statute of 10 H. 7. c. 23. 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. 2. 1642. published in print to all our 3. Kingdoms and the World penned and assented to by some Grandees in present power the King or any prevailing party whatsoever might else at any time seclude and pull out of the House of Parliament all such Members as they found ●r●sse and opposite to their designs Make whom and how many Members they pleased a Major part to carry on their 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 Covenants Declarations Remonstrances
both by the Parliament and Army and so many years bloudy Wars for defence of the Rights and Privileges of Parliament I shall therefore close up this particular with the memorable words of Lords and Commons forenamed Remonstrances which I desire all Swordmen the whole Nation and those especially who were then Members to take special notice of l This Privilege of the Members se●●usion 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 such and so many Members of both or either House may be taken out of it at any time by any persons to serve a torn and to make a major part of whom they will at pleasure And therefore as the Freedom of the Parliament dependeth in a great part upon this Privilege and the Freedome of this Nation upon the Freedome of Parliaments We have good cause to believe that the People of England knowing that their Lives and Fortunes are bound up in this Bundle will venture their Lives and Fortunes in this Quarrel Accursed and for ever execrated then let all those Sword-men and Innovators be who by any Matchiavilian Policies Engines or Instruments whatsoever shall endeavour to deprive the Parliaments and People of England of this their antient essential Privilege and Freedoms or necessitate them once again to venture their Lives or Fortunes in this quarrel to maintain or regain the same by a New war or insurrection against the Imprisoners or Secluders of any of their duly elected and best respected publick Trustees out of our Parliaments in time to come as they have oft times done for some years by-past to the subversion of Parliaments and Peoples general affront and discontent To prevent which danger I could heartily wish that a free Legal English Parliament might be duly summoned either by the Peers of the Realm or by the Freeholders Freemen and Burgesses of every County City and Borough in their default according to the late Act for triennial Parliaments yet in force to which many in present power were assenting to redress all high violations of our Parliaments just Rights and Privileges and prevent the like for the future reform all publick Grievances remove all unrighteous oppressions compose our manifold sad Divisions Schismes Fractions both in Church and State and settle our three distracted Kingdoms in such unity peace prosperity after all our destructive wars as all good men long pray for and none but Traytors or professed Enemies to our Tranquillity and Welfare can or dare oppose 15. The whole House of Commons m impeached and the Lords House judicially sentenced D● Manwaring then a Member of the Convocation for preaching before the King and publishing in print in two Sermons intituled Religion and Allegiance contrary to the Laws and Statutes of this Realm and propriety of the Subject 1. That the King is not bouud to keep and observe the good Laws and customes of the Realm concerning the Rights and Liberties of the Subject who undoubtedly inherit this Right and Liberty not to be compelled to contribute any tax tallage aid or to make any loans not set or imposed by common consent by Act of Parliament And that his Royal will and command in imposing Loans Taxes and other Aids without Common consent in Parliament doth so far bind the conscience of the Subje●● of this Realm that they cannot refuse the same without peril of damnation 2. That those his Majesties Subjects who refused the Loan imposed on them did therein offend against the Law of God against his Majesties supream Authority and by so doing became guilty of impiety disloyalty rebellion disobedience and lyable to many other Taxes and censures 3. That authority of Parliament is not necessary for raising of Aids and Subsidies That the slow proceedings of such Assemblies are not fit for the supply of the urgent necessities of the State but rather apt to produce sundry Impediments to the just designs of Princes and to give them occasion of displeasure or discontent For which Sermons and positions the Lords House adjudged 1. That this Dr. Manwaring notwithstanding his humble Petitions and craving pardon for these offences shall be imprisoned during the pleasure of the House 2. That he be fined 1000 l. to the King 3. That he shall make such a submission and acknowledgement of his offences as shall be set down by a Committe in writing both at the Lords Bar and in the House of Commons which he accordingly made 4. That he shall be suspended for the time of three years from the exercise of the Ministry 5. That he shall be for ever disabled to preach at the Court hereafter 6. That he shall be disabled hereafter to have any Ecclesiastical dignity or secular Office 7. That the same Book is worthy to be burnt and that for the better effecting thereof his Majesty may be moved to grant a Proclamation to call in the said Books that they may be burnt accordingly in London and both Universities and for inhibiting the printing hereof upon a great penal●y Which was done accordingly Whether some late Court-Chaplaint or Parasites have not incurred the like offences and demerit not as severe a censure as he for some Sermons and printed Pamphlets * Instruments of like nature is worthy the consideration of the next publike Assembly and future English Parliaments XV The n House of Commons sent for and committed Mr. Laughton and Mr John Trelawny to the Tower and Sir William Wray and Mr. Edward Trelawny to the Sergeant at Arms during the Houses pleasure and ordered them to make a Recognition of their offences at the Assises in Cornwal for interrupting the freedomes of Elections in that County For that some of them being Deputy Lieutenants and others of them Justices of Peace of the County of Cornwal writ Letters to this effect Whereas the safety of the Realm depends upon the Parliament we the Deputy-Lieutenants and Justices to whose care the County is committed finding A. and B. fit persons have desired them to stand to be Knights whereof we give you notice and advising Sir John Eliot and Mr. Cariton to desist that they wished them not to be chosen and menacing them in this manner but if you go on we will oppose you by all means lest his Majesty suspect our fidelity since you know how gracious you are to his Majesty and how many waies he hath expressed his displeasure against you And his Majesty will conceive your Election to be an affront to his service and so we shall draw the displeasure of the King on us Our hope is that you out of conscience and loyalty will not seek this place and we let you know that if you do we will oppose you all we can c. And writing Letters to others of the County to this effect Whereas unquiet Spirits seek their own ends
we desire men of moderation may be chosen and we desire you to give your Voito A. and B c. And for that besides these Letters they warned the trained Band to attend the day of the election By which Letters Menaces and Practices they were voted guilty as practising to pervert the free-dome of the election of the Knights of that County and thereupon thus censured by the House On the 28 of the same May 1628. Sir John Eliot reported from the Committee sundry complaints against the Lord Mohun Vice-warden of the Stanneries in Cornwal by the Tinners of that County whereof this 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 summoned ever 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 men 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 Sommons 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 500l 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 Mohun 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 peole enjoining 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 nor other by force of Arms or by malice or menacing shall disturb any to make free Election For violating which Law and antient custome the whole Parliament 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 his People in all Counties of his Realm ought to be free to choose and d●pute Knights for the said Counties to be present in Parliament and to declare their Grievances and to prosecute remedies thereupon as it should seem 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 might easily induce as he frequently did sometimes by divers 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 certain 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 Kent 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. contraformam Electionis antiquit us usitatae 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 int●rruption for the future at the grievous complaint of the Commons of the undue Election of the Knights of the Counties for the Parliament which be sometimes made at the affections of Sheriffs and otherwise against the form of the Writs to the great slauder 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 Knights 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
the settlement peace liberty ease from taxes excises 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 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 safety 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 them than they doe the very Acorns 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 for the most part only some Litigious contentious persons who out of their pride and animosity occasion these abuses and prolongatio●s of sutes in Law which they and others complain against and therefore are justly punished and rewarded by them the expensivenesse and tediousnesse 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 Fnndamental 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 volunt●rily 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 out 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 sequestration in few years space There are four things specially provided for by our Fundamental Laws and the original constitution of 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 Justice 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 Protestations 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 meer 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 Appendix to my Speech in Parliament and the History of Independency 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 recompence 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 Instit. c. 1. modus Teneadi 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