DEMOPHILOS, OR THE ASSERTOR OF THE Peoples Liberty.

PLAINLY Demonstrating by the Principles even of Nature it self, and by the Primitive Constitu­tions of all Governments since the Creation of the World.

That the very Essence and the Fundamental of all Governments and Laws, was meerly the safety of the People, and the [...]ancement of their Rights an [...] [...]erties.

To which is added [...] General Consent of all Parliaments in the [...], and the Concurrence of threescore and two [...] since first this Island was vi­sible in earnest, and [...]merce with other Nations, hath been [...] [...] [...] and Neglect.

By William Prynne [...] Bencher of Lincolns-Inne.

LO [...]DON, Printed for Francis [...] in the Old-Baily. 1658.

To the imprejudiced Reader.

BEing importunately solicited by Mr. VVilliam Shepheard, a Law­yer, specially imployed by some Swordmen and Grandees at VVhitehall, (from whence he came to visit me at my Study in Lincolns Inne, within two daies after their resoluti­on to call a new Assembly at VVestminster, [...]herewith he acquainted me) to regulate the abu­ses in the execution of our Laws; that I would consider of such abuses of this Nature, as I had observed, for him to present to that Assembly to be reformed by them, being one chief end of their meeting; which I then informed him, I had no time to do, being ready to take my Journey into the Country; and that Sir Iohn Davis in his Epistle to his Irish Reports, had written so much in justification of our Laws, as would sa­tisfie and filence all soldiers and others that ignorant­ly censured them. He thereupon desired me at my vacant times, to consider of this his motion in the Country, for the publick good. Which I [...]nce calling to mind, and considering that in the Par­ [...]iament of 5 R. 2 [...]. Parl. n. 17, 18. it was the re­ [...]olution both of the Commons and Lords ( [...] redress of their publick Grievances and oppres­sio [...]s)Reformalio [...] d bet [...] in ca pite, et sic [...] Gradu grada­tim ad imum. that Reformation [...] ought to begin in the Head, and so gradually from the Highest [...] to the Feet: and that it will be both [...] [Page] bootlesse, impolitick, and ridiculous for any pub­lick or private State-Physicians, or Reformers, to spend their time and pains only to cure some small scratches, or cuts in the toes, or fingers; or brea­ches in the tyles or seeling of our State and Laws, (as some Mountebancks, and Pseudo-po­liticians now do) and in the mean time to over­passe, neglect, if not increase, dilate the large deadly wounds, in the very Head, Heart, Vital Parts; and most dangerous Breaches, Under­minings in their very Foundations, which threaten present death, and suddain Ruine to the whole Body of our State, Laws, Nation, if not speedily healed, repaired with all possible care and diligence, by the most skillfall Artists and Philopaters, suffici­ently qualified for such a desperate difficult pub­lick cure, Repair, and with sincere self-denying publick spirits, couragiously addressing themselves with all their skill, might, to this necessary Heroick work. And withall observing, that there can be no health, ease, rest, quiet, but perpetual pain, lan­guishing, consumption, torture, decay in the Body politick of our Nation, as in the Body n [...] ­tural, so long as there is any dislocation, fraction, convulsion, wound, malady in the Bones, Nerves, Arteries, or chief Parts and members thereof. And, then remembring that serious Protestation, and so­lemn League and Covenant, which I my self, [...]ll members of the late Parliament, most Persons in late power, and the generality of all the well-af­fected people, to publick Laws, Liberty, Ju­stice, Religion, in our three Kingdomes, [...] long since took in the presence of the most High God, Angels, and Men with hands li [...]ted [...] [Page] up to Heaven, and then subscribed with those hands; That they shall with sincerity, reality, and constancy, in their several Vocations, en­deavour with their Estates and lives, mutual­ly to preserve the Rights, Privileges, Laws and Liberties of the Parliaments and King­domes of England, Scotland, and Ireland, &c. And in this common cause of Liberty and peace of the Kingdomes, assist, and defend all those that enter into this League and Cove­nant, in the maintaining and pursuing ther [...]of; and not suffer themselves directly or indirectly, by whatsoever combination, perswasion, or terror to be divided or with­drawn from this blessed union, &c. but shall all the daies of their lives, zealously, and con­stantly continue therein against all oppositi­on, and promote the same according to their power, &c. (which Solemn League and Co­venant I find subscribed in At the end of the solemn League and Co­venant, print­ed by b [...]th Hou­ses orde [...]s by it self, and sent into all Coun­ties: and in A Collection of Ordinances, p. 426, 427, 128. print, by VVilliam Lenthal Speaker, Robert Nicholas, Gilbert Pickering, Oliver Cromwell, Philip L. Lisle, VVilliam Ellis, Oliver Saint-John, Miles Corbet, John Lisle, Francis Rous, Nathaniel Fyennes, Edmund Prideaux, John Glynn, Bulstrode VVhitelocke, Edward Montagu, and others in greatest present power and im­ployments, whom I desire now to remember, and perform the same effectually, as they shall answer the contrary at that great day, when the secrets of all hearts shall be disclosed, according to those their printed subscriptions thereof, for all the good ends therein prescribed.) I [...] [Page] thereupon apprehended I could not perform a more seasonable, acceptable, or beneficial service to my na­aive Country in pursuance of the Protestation, [...]nd solemn League and Covenant, (lying still as sacred Bonds upon my conscience,) that to draw up this summary Collection of the principal funda­mental hereditary Rights, Liberties, Proper­ties of all English Freemen, both in relation to their Persons; Estates, and free-Elections (most mortally wounded, more dangerously under-mined, shaken, subverted by force and fraud of late years, since our Parliamentary and Military contests for their defence, to the vast effusion of our Treasures and Blood, (by some who were most deeply engaged in their Protection and preser­vation) than in the very worst of former ages, under our late or antient Kings, in every particular branch:) And of the several memorable Votes, Resoluti­ons, Declarations, and Acts of Parliament, for their Vindication and Corroboration, in the happy Parliament of 3 Caroli; (remembred and ratified likewise, in the last Parliament of King Charles) as the most soveraign Balm, the most effectual materials prepared, applyed by the l [...]arnedest, skilfullest, wisest State-Physicians and Builders in those Parliaments, to heal and close up the mortal wounds, the perilous Breaches, our late Kings See the com­mons Remon­strance 15 De­cemb. 1641. Exact collecti­on p. 4, 5, &c. 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, [...] [Page] 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, [...] [Page] and is lifted up even to the Skies. Yet the Lord hath brought forth our righteous­nesse: as he hath (maugre all Enemies, Oppo­sitions, Slanders) the righteousnesse of him, who de­sires thy kind acceptation of this Breviary, and prayers for Gods blessing upon this, and all other his real endeavours for sick, desperately-wounded Englands cure;

Swainswick Septemb. 6. 1656.
William P [...]nne.

A Summary Collection of the prin­cipal fundamental Rights, Li­berties, Properties of all English-Freemen, &c.

THe Liberty of the Subjects Persons ha­ving in the three first years of our late King Charles his Reign been very much invaded, endangered, under­mined, 1. By Imprisonment of their Persons, by the Lords of the Coun­cil, without any special Legal cause assigned in the Warrants for their commitment, but only the Kings command; 1. By honorable banishments upon pretence of forein imployments; 3. By confinements to par­ticular places; 4. By remanding and not bayling them by the Judges upon Habeas Corpora sued forth by them; 5. By Commissions for Trials of Souldiers and others for their live, by Martial Law, in times of peace, when other Courts of Justice were open; and the like. The properties of their Goods aud Estat [...]s being like­wise much encroached upon, and in a great measure subverted, 1 By forced Loans and contributions. 2. By Lieutenants and Deputy-Lieutenants exorbi [...] Pow­ers, and new rates, taxes, imposed on, and forced from them, without grant in Parliament, for billeting Soul­diers, and quartering Souldiers in mens Houses [...] [Page 2] 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, 2 April 1628. Re­solved upon the Question.

1. That See the great Charter of King John. Mat. Paris p. 248. Magna Charta. 9 H. 3. c. 29. 5 E. 3. c. 9. 25 E. 3. c. 4 28 E. 3. c. 3. 37 E. [...]. c. 18. 42 [...]. 3. c. 3. 2 H. 4. [...]. Parl. [...]. 60. 69. The Petition of Right. 3 Caroli. 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, [...] [Page 3] 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. 4 April 1628. 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 Mag. Charta, 9 H. 3. c. 29. 35 Eliz. c. 2. 3 Jac. c. 5. Dal­tons Justice of Peace, c. 45. [...] H. 5. c. 8. Act of Parliament, or by other due course, or Warrant of Law.

5. 7 May, 1628. That the Commission for martial Law, and 9 H. [...] 3. c. 29. 5 E. 3. c. 9. 25 E. 3. c. 4. 28 E. 3. c. 3. 15 E. 3. c. 1, 2 1 H. 4. rot. Parl. n. 43. 44, &c. [...] of Right, 3 Caroli. See My Disco­very of Free­state Tyranny, p. 39, 40, 41. 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 Petition of Right, 3 Caroli. billetting and placing of Souldiers or any other person in the House of any Freeman, against his will, is against the Law.

7. 4 April, 1628. That it is the Mag: Charta, c. 30. 25 E. 1. c. 5, 6. 34 E. 1. De Tallagio non concedendo, c. 1. 14 E. 3. stat. 1. c. 21. stat. 2. c. 1. 15 E. stat. 3. c. 5. 27 E 3. stat. 2. c. 2. 38 E. 3. c. 2. 1 R. 3. c. 2. 21 E. 3. rot. Parl. n. 16. 25 E. 3. rot. Parl. n. 16. 36 E. 3. rot. Parl. n. 26. 45 E. 3. rot Parl, n. 26. 1 H. 4. rot. Parl. n. 32. 43. 11 H. 4. rot. Parl. n. 50. antient and undoubted Right of every Freeman, that he hath a full and absolute pro­priety in his goods, and Estate; And, that no taxes, Tallages, loan, bonevolence, or other charge ought to be commanded, imposed, or levyed by the King or his Mi­nisters, without commou consent by Act of Parlia­ment.

All which Votes were drawn up, and inserted into [...] [Page 4] 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 wasSee rot. Par. 17 Iohannis 22, 23, 24. dors. Mat. Pa­ris p. 243 to 255. 305 to 312. 838, 839. 878. 890. 892. 938, 940, 941, 960. & 25 E. 1. c. 1. &c. 28 E. 1. c. 1. & Claus. 28 E. 1. m. [...], 8. 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 the [...] [Page 5] quantity and quality of the Offences deserve: It being theExact. [...]. p. 20, 21, 309. 326. 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. 25 Iune, 1628. That the receiving of Tunnage and Pound­age, and otber Impositions not granted by Parliament, it Mag. Charta, 9 H. 3. c. 20. 25 E. 1. c. 1. 6. 34 E. 1. c. 1. 2. 14 E 3. [...]. 1. c. 21 [...]. 2. c. 1. 35 E. 3. [...]. 2. c. 1. 15 E. 3. stat. 3. c. 5. 1 R. 3. c. 2. 21 E. 3. [...]. [...]. n. 16. 36 E. 3. [...].. [...]. n. 26. Exact Coll. p. 382, 383, 884, 857, 858. 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 Exact Col­lection, p. 789, 790, &c. 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,11, 15, 19 Iune 1628. a Commission of Excise, was complained of and brought into the Commons House, and there read, which com­manded them to [...] [...] by Impositions or other­wise, as they in their wisdoms should find convenient, for [...] [Page 6] 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 Majestics 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 [...] Collection p. 885. 6. Mr. O: [...]. Iohns speech and [...] [...] recei­ving [...] p. 13. 15. 16, [...]. [...] my De­claration and [...] [...] the [...] extor­tion of Excise. 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 [...] [...]. 3. [...]. 2. [...]. 4 [...]. 4. c. [...]. 5 E. 3. c. 8. [...] [...] [...]. [...]. [...] [...] [...]. case of necessity of the sudden comming in of strange Ene­mies into the Kingdom; or except they [...] otherwaies bound by the Tenures of their Lands or possessions; Nor [...] sent out of the Realm against his Will upon any forein [...] [Page 7] 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 Exact [...], p. 389, 390, &c, 435, 436, 877, 878, 879, &c. 887. 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.19, 22, 23, 24, 26, 27, 28 May 1628.

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 [...] [Page 8] to the close thereof. ‘We humbly present this Petition to your Majesty, not only with a Care of Preservation of our own Liberties, but with a due re­gard to leave intire that Soveraign Power where: with your Majesty is trusted, for the Protection, Safety, and Happinesse of your People.’ The Com­mons a [...]ter a long and full Debate, resolved, ‘That this Saving ou [...]ht to be rejected, and by no means to be added to this Petition; though very Specious in shew and words; for that it would be destructive to the whole Petition; and would leave the Subjects in farre worse condition than it found them.’ For whereas the Petition recites, ‘That by the Great Charter and other Laws and Statutes of this Land, No Loan, Tax, Tallage or other Charge ought to be imposed on the Subjects, or levyed, without common consent by Act of Parliament, Nor any Freeman of this Realm imprisoned 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 int [...]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 con­sent [...] [Page 9] 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, th [...] 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 fabri [...]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.’ Upon [...] [Page 10] 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 theirExact Collect. p. 885. 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 theArticuli super Chartas, cap. 20. 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 people [...] [Page 11] 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 Peti­tion [...] [Page 12] of Right, and by these antient Warlike Kings, and true English Parliaments, from whose vigilancy, magni­namity, unaminity, zeal, courage in defence of the [...]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 oppo­sitio [...]. 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, declared22, 23, 24, 25 March, 1628. and sun­d [...]y daies after. 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 re­establish, secure their violated 52 H. 3. c. 5. 25 [...]. 1. c. 1, 2, 3. 28 E. 1. c. 1, 2. 1 E. 3. Stat. 2. c. 1. 9. 2 E. 3. 6. 1. 4. 5, 10, 14, 15, 25, 28, 31, 36, 37, 38, 42. 45 E. 3. c. 1. 1, 2, 3, 5, 6, 7, 8, 9, 12 15 [...]. 2. c. 1. 2. 1, 2. 4, 7, 9. 13 H. 4. c. 1, 3, 4. 9 H. 5. c. 1. 2 H. 6. c. 1. 11 H. 7. c. 1. 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 be [...]ng both dangerous, imprudent, and a breach of their trusts towards the people who elected them, to play an After­game 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, re­dressed by the King.

XIII. They cast Sir Edmund Sawyer, a Member of the Commons House, out of it, upon solemn De­bate;21 Junii, & 9 April 1628. 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 imposii­ont [...] [Page 13] 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 Car [...]li the19 M [...]rtii 1627. Speaker in the close of his first Speech to the King (according to6 H. 4. [...]. 8. 3 H. 4. n. 8. &c. 9 H. 4. [...]. 12, 13, &c 11 H. 4. 1. 10, 11. 13 H. 4. [...]. 10. 11. Cook 4 Inst [...]t. p. 8. 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. 29 Martii 1628. 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.See my Plea for the Lords, p. 50, 51, 52. & 8 H. 6. n. 57 William Mildreds cas [...], Bu [...]gess of Lon­don. No Member of Parliament can be arrested but for Felony, Treason, or Peace: And all here may be com­mitted [Page 14] (under thefe pretences) and then where is the Parliament? Surely the Lord [...] will be glad of this, i [...] concerns them as well as us. 3 & 5 Maii 16. 8. Not long after the Common House being informed, that Sir Robert Sta [...] ­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. [...]anshaw alle­ging ‘That in such caf [...]s some Members by order of the House had entred into Recognizances in the Kings Bench in former times, to keep the Pe [...]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 su [...]e of the Kings Attor [...]y, upon a Bill there exhibi­ted against him, for sundry misdemeanours; complained thereof to the House, and shewed that he had been [...] [Page 15] 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 p [...]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 en [...]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 Judgement against him: Which was done accordingly. To these cases of Privilege in the Commons House, I shall adde another memorable one in the Lords House, in the second Par­liament of King Charls. The King sitting that Parlia­ment, committed the Earl of Arundel to the Tower, without leave of the House, or acquainting the Lords with the cause thereof. Whereupon, May 25. 1626. the Lords drew up and sent this Remonstrance and Pe­tition to the King, entred in their Journal on record.

The humble Remonstrance and Petition of the Peers.

MAy it please your Majesty, We the Peers of this your Realm now assembled in Parliament, fin­ding the Earl of Arundel absent from his place a­mongst us, his presence was therefore called for. But thereupon a Message was delivered us from your Ma­jesty by the Lord Keeper, That the Earl of Arundell was restrained for a misdemeanour which was personal to your Majesty, and lay in the proper knowledge of your Majesty, and had no relation to matter of Parliament. The Message occasioned us to inquire into the Acts of our Ancestors, and what in like cases they had done; that so we might not erre in a dutifull respect to your Maje­sty, and yet preserve our Right and Privilege of Par­liament. And after diligent search made, both of all Stories, Statutes and Records, that might in­form us in this case, We find it to be an undoubted Right and constant Privilege of Parliament, That no Lord of Parliament, sitting the Parliament, or within the usual times of Privilege of Parliament is to be imprisoned or restrained (without Sentence or Order of the House) unless it be for Treason or Felony, or for refusing to give surety for the Peace. And to satisfie our selves the better, we have heard all that could be alleged by your Majesties learned Coun­sel at law, that might any way infringe or weaken this claim of the Peers: And to all that can be shewed or alleged, so full satisfaction hath been given, as that all the Peers in Parliament upon the Question made of this Privilege, hath una voce consented, that this is the undoubted Right of the Peers, and hath inviolably béen enjoyed by them.

Wherefore we your Majesties loyal Subjects and [...] [Page 17] humble Servants, the whole Body of the Peers now in Parliament assembled, most humbly beseech your Majesty, that the Earl of A­ruudel (a Member of this Body) may pre­sently be admitted by your Gracious fa­vour, [...]o come sit and serve your Maje­sty and the Commonwealth in the Great Affairs of this Parliament.

And we shall pray, &c.

Vpon this Remonstrance and Petition sent to the King, theSee My Ple [...] [...]or [...]he [...], p. 6. Peers presently adjourned their house till the next morning, by which time they expected the Earls release; but not finding him enlarged, the next day May 26. they presently adjourned their House till the 2. of June, refusing to sit, and resolving not to act any thing till the Earl wa [...] released to sit among them, or the par­ticular cause of his Commitment and seclusion declared to them, that they might judge of its legality. Where­upon the King was inforced to release him to satisfie the Lords House: In imitation whereof the Exact Collection p. 34. to 57, 66, 67. &c. whole House of Commons the last Parliament of King Charls, upon the Kings comming into the House to demand the 5 Members he had impeached of High Treason, Janua­ry 4. 1641. (which they Voted, To be an high Breach of the Rights and Privilege of Parliament, and inconsist­ent with the Freedom and Liberty thereof) presently adjourned it self, and so did the House of Peers too (up­on his demand of the Lord of Kimbolton) refusing to sit as an House, but only as a Committee in Lo [...]don, for certain dayes, till this breach of their Privilages was repaired, and their [...] restored, vindicated, cleared by the King; who released all further prosecu­tion against them.

From which Presidents in these Parliaments of King Charles, it is observable

1. That it is an antient and undoubted Privilege and [...] [Page 18] Right of all and every Mrmber of Parliament, as well Commoner, as Peer, (as likewise of their necessary Servants and Attendants) to be free from all Arrests, Imprisonments and restaints whatsoever by the King, Council, o [...] any others, except only in cases of Trea­son, Felony, and Breach Surety of the Peace: which was then cleared by 5 H. 4. n. 39. 5 H. 4. c. 6. 8 H. 6. n. 57. 31 H. 6. n. 25, 26, 27, 28. 39 H 6. n. 9. 7 E. 4. n. 36. 4 H. 8. c. 6. 3 Iacobi, the Baron of Wal [...]ons case, and Sir George Ha [...] case [...] Caroli, to which the Presidents printed in Sir Edward Cooks 4 Institutes p. 24, 25. and the Statute of 8 H. 6. c. 1. may be ad­ded; which declares, That the Great men and Com­monally of the Realm of Englaud called or to be called to the Kings Parliament, do enjoy, and were wont to en­joy, and in time to come ought to enjoy, this liberty or defence in coming, tarrying, and retorning, not to be arrested, molested, or inquieted; and gi [...]es the same Liberty to the Clergy called to the Convocation by the Kings writs, and to their Servants and Families. Therefore the arresting, imprisoning, secluding, mole­sting of any Members of late or present times by the Army Officers or others, is a most apparent breach of this antient Privilege, worthy the severest penalties, and speedy reformation.

2. That the ground and only reason of this Privi­lege is, that all & every member summoned to, or elected and returned to serve in Parliament, might duly, freely, and diligently attend his publike trust and service in the Parl. Without molestation, restraint, seclusion or distur­bance: (as these Presidents, Statutes, and Records re­solve:) which all and every of them are bound to doe, un­der pain of being amerced, sined, and otherwayes punish­ed, and of losing their wages besides; as is clear by the Statute of 5 R. 2. Parl. 2. c. 4. The King doth will and command, and it is assented in the Parliament by the Prelates, Lords and Commons, that all and singular [...] [Page 19] Persons and commonalties, which from henceforth shall have the summons of Parliament, shall come from henceforth to the Parliament in the manner as they be bounden to doe, and have been accstomed within the Realm of England of old times. And every person of the same Realm which from henceforth shall have the said summons, (be he Archbishop, Bishop, Abbot, Pri­or, Duke, Earl, Baron, Baneret, Knight of the Shire, Ci­tizen of City, Burgesse of Borough, or other singular Per­s [...]n or Comminalty) which doth absent himself, or come not at the said Summons, (except he may reasonably and honestly exc [...]se himself to our Lord the King) shall be amerced and otherwise punished, as of old times hath used to be done within the said Realm, in the said case, &c. As likewise by the Statutes of 1 H. 5. c. 1. 32 [...]. 6. c. 15. 9 H. 8. c. 16. The Act for Triennial [...], 16 Caroli, 31 H. 6. n. 45, 46. 8 Martii 23 [...]. Cooks 4 Institutes, p. 1, 2, 4, 9, 10, 15, 17, 23 24, 35, 42 to 50, and 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 Parli [...]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 b [...] the sole Iudge of the due elections, offences, fi [...]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; [...] [Page 20] 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 [...]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 Inst [...]tutes, p. 23, 24, &c. And [...]xpresly 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 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, latelyJan. 1648. Sec t [...]e History of [...]. 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 til [...] [Page 21] 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 RecordsThe Level­lers levelled, [...]. p. 21 22. My Plea for the Lords, p. 25. &c. 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, ma [...]e void and rep [...]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 aud Confederacy; as the printed Statutes of 21 R. 2. c. 12. [...] 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 theMat. Par [...]s Hist. Anglie, p. 247. See My Pl [...]a for the Lords, p. 5, 6. Great Charter of King John, and the Statute of 5 R. 2. c. 4. [...] [Page 22] which expresly prov [...]de, That all the [...], Citizens B [...]gesses, [...] and [...] shall be Summon [...] to every Parliament. And if any Sheriff of the Realm be from henceforth negligent in making his returns o [...] 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 punish [...]d, i [...] the mann [...]r as was accustomed to be done in the said cas [...] i [...] im [...]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 Common [...] House speci [...]l Order: else the Parliament will be Void and Null, as the Statute of 10 H. 7. [...]. a 3. for Ireland declares, resolving the Patent of Drogheda to be void, upon this reason.

4. Because (as both Honses of Parliament resolved in their (k) Declaration of October 23. and Remon­strance. [...]xact Collect­on, p. 655, 657, 723, 724, 726, 727. Novemb. [...]. 1642. published in print to all out 3. Kingdom [...] and the World, (penned and assented to by some Grande [...]s in present power) [...] King or [...] ­ny prevailing party whatsoever might else at any tim [...] secludo and pull out of the House of Parliament all such Members as they sound [...] and opposite to their [...]; Mak [...] whom and how many Members they plea­sed a Major part, to carry on t [...]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, Coven [...], Declaratio [...], Remonstrances, both by the Parliament and Army, and so many years bloudy Wars, for defen [...] of the Rights and Privileges of Parliament. I shall therefore close up this particular with the memorable words of Lord [...] and Commons forenamed Remonstra [...], [Page 23] which I desire all Swordmen, the whole Nation, and those especially who were then Members, to take special noti [...]e of.Exact Co le­ct [...]on p. 7 24. 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, such and so many M [...]mbers of both or either House may be take [...] out of it at any time, by any persons to serve a torn, and to make a major part o [...] 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 [...]ause to believe, that the People of England, knowing that their Lives and Fortunes are bound up in this B [...]ndle, will venture their Lives and Fortunes in this Quarr [...]l, Accur­sed, and for ever exe [...]rated then let all those Sword­men and Innovators be, who by any Matchiavilian Policie [...], Eugines, or Instruments whatsoev [...]r, shall en­deavour to deprive the Parliaments and People of England, of thi [...] their antient ess [...]ntial Privilege and Freedom [...]; 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 os 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) [...]o 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, a [...]ording to the late Act for tri [...]nial Parliaments, yet in force (to which many [...] [Page 24] 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 Dr. Manw [...] ­ring (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 pe [...]il 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 [...] [Page 25] 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 positioris 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, Artic. 27, 28, 29. Instrurnents of like nature; is worthy the consideration of the next publike Assembly, and future English Parliaments.

XV. The 12, 1 [...] May 1628. 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 [...] [Page 26] offences at the Assises in Cornwal for interrupting the freedomes of Elections in that Coun [...]y; For that some of them being Deputy-Lieutenants, and others of them Justices of Peace of the County of Co [...]nwal, 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 yon. 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 yo [...] 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 free­dome of the election of the Knights of that County; and thereupon thus censured by the House. On the 38 of28 May 1628. the same May 1628. Sir John Eliot reported from the Committee sundry complaiuts 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, [...] [Page 27] su [...]moned [...]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 [...]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 S [...]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 Me­hu [...] 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, en­joyning [...] [Page 82] 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 S [...] C [...]ks 2 [...]st. [...] s p 198, 169. upon great forfeiture, that no great Man, n [...]r othe [...], by force of Arms, or by malice or m [...]nacing, shall disturb any to make free Election. For viola­ting which Law, and antient custome, the whole P [...]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, h [...]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 s [...]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 migh [...] 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 cer­tain [...] [Page 29] 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 Ke [...]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;Walsingham, Hist. Angliae, p. 414. Sir Edw. Cooks 2 Insti­tut. s c. 1: p. 10. 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 Co [...]ties for the Parliament, which be sometimes made at the affections of Sheriffs and other­wise, against the form of the Writs, to the great slauder [...] [Page 30] of the Counties, and hinderance of the businesse of the Comminalty in the said County; it was ordained and e­stablishid 7 H [...] 4. c. 11. by a special Act yet in force; that all that attend to the Election of the Knig [...]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 th [...] 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 frrm him by di­vers seditious and other 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 Sta­cu [...]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 sor 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 frée [...] [Page 31] 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 of29. [...] 3 [...] M [...], 1628. 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 Grievanc [...], 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 Lep [...]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, [Page 32] (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 ex [...]ion, June 23. 1628.) And that prin­cipally for 3 Reasons. First, because it was aSee Cooks 11. Report, f. 84,. 85, &c. 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, L [...]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 S [...]ort [...] to the I [...]ws long discontinued bar [...]d Remitter into [...] [Page 33] 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 with [...]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 [...] See my hum­ble Remon­ [...]ance against ship-mon [...]y. p. 8. and Monopoly, as this of Lepton and Mounson, fit to be redressed; I refer to the approaching As [...]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. Fi [...]zh. Nat. Brev. f. 122. Cook 11 Report. Darcies Case sol. 86. b.

17. They appointed a24 & 28 [...]. 2 & [...]il. 19. [...], &c. 1628. special Committee to hear, examine, report, punish the manifold complaints of the [...]ounties, aud Corporations of England, against the New exorbitant power and proceedings of L [...]enants and Depu [...]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 bi [...]ing of Souldiers, and levying them by Souldiers on such as resused to pay them, by quartering Souldiers upon [...]hem till paid, or imprisoning, or v [...]xing the Refusers. For which these Lieutenants, Deputy­Lieutenants, 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, P [...]icious to the Country, and dishonorable to the [...] [Page 43] King. And whether the late erected New Powers of our Major Generals, and their Deputies throughout England be not such (in imita [...]on ofHovenden Ann [...]: pa [...]s po­st [...] p 700 [...] 736. [...] Hist. l. 4. c. 14 to 19. God­ [...]n in his life p. 247 to 271. My new Disco­v [...]y of [...] Tyranny p. 77. &c. Wil. Longcham) the first Protector in the Reign 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 sham [...]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 Gar [...]isons; or of theSec Tur [...], [...] [...] & [...] [...]. 1634. Turkish [...], and Beglerbegs, as most Patriots of thei [...] 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 to [...] [Page 35] 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 s [...]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 L [...]berty, Peace, and Christia [...] 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 Whit [...]all (concerning the intole­rable Grievance of billetting and keeping of Souldiers [...] [Page 36] 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 P [...]ition of Right (though since condem­nedSee the De­cl [...]ation of M [...]ch 17. 16. 3. with the sentence a­gainst him. 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 ter [...]ifie, seize, imprison, Guard, oppresse, enthrall, impoverish, di [...]-inherit of all hereditary Liberties, rights, privileges, our English Freemen at their pleasures, and to over-awe, force, dissolve, even Parli [...]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 mann [...]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. a [...] 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 oppresse [...] [Page 37] it, the whole Commons House then thu [...] petiti­oned.

To the Kings most excellent Maj [...]sty:

IN all humblenesse complaining, sheweth unto your m [...]st Excellent Majesty, your loyal and dutiful C [...] ­mons now in Parliament Assembled. That [...] as, by the Fundamental Laws of this your Realm, ver [...] 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 par [...]icular, A new and almost unheard [...]f way hath been invented and put in practice to l [...]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 [...]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 su [...]iciently recount; nor in any sort proportionably to the sense we have of ou [...] present misery, herein are we able to represent to your Majesty, the innumerable mischi [...]fs and most grievous exactions, that by this means alone we do now suffer; whereof we will not p [...]sume to trouble your sacred Ears, with particular inform [...]tion. Only most gracious Soveraign, we beg leave to offer unto your gracious view, [...] [Page 38] and [...] consideration, a few of them in gene­ral.

1. The service of Almighty God is hereby greatly ly hindered, theAnd now in more places the Souldiers have wholly with­drawu them both from our Churches and Ministers. See Mr. Edwards Gangr [...]na. 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 andAnd are they not much more so now? generally diminished; Farmers to secure themselves from the Souldiers insolence, being by the clamour and sollicitation of their fearfull and endan­gered VVives, and Children, enforced to give up their antient dwellings, and to retire themselves into place [...] of more secure habitation.

5. Husbandmen, that are as it were the hands of the Country, corrupted by ill example of Souldiers, areAre they not now so more than ever? encouraged to idle life, give over their work, and seek rather to live idlely on other mens charges, than by their own labours.

6. Tradesmen and Artificers almost discouraged, being enforced to leave their Trades, and to imploy their times in preserving their families from violence and cruelty.

7. Markets unfrequented, and our waies grown so dangerous, that your peopl [...] dare not passe to and fro upon their usual occasions.

8. Frequent Robberies, Assaults, Burglaries, Rapes, Rapines, murders, barbarou [...] cruelties, and o­ther late most abominable vices, and outrages, are ge­nerally complained of from all parts where these com­panies have been and made their abode; few of which insolencies have not been so much as questi­oned, and fewer, according to their demerit, puni­shed.

[Page 39] These, and many other lamentable effects (most dear and dread Soveraign) have, by this billetting of Souldiers, already fallen upon your loyal Subjects, ten­ding no lesse to the dis-service of your Majesty, than t [...] their own impoverishing, and distraction. So that there­by they are exceedingly disabled to yield your Majesty those supplies for your urgent occasions which they heartily desire. And yet they are more p [...]rplexed with the apprehensi [...]ns of more approaching dangers. One in regard of the Subjects at home; the other, of Enemies abroad. In both which respects, it seems to threaten no small calamity.

For the first, the meaner sort of your People being exceeding poor, whereof in many places are great multi­tudes, and therefore in times most se [...]led, and most con­stant administration of Justice, not easily ruled, are most a [...]t upon this occasion to cast off the reigns of Government, and by themselves, with those disordered Souldiers, are very like to [...]all into mutiny and rebellion. Which in faithful discharge of our Duties we cannot forbear most humbly to present [...]nto your high and excellent Wisdom, being possessed with probable fears, that some such mischie [...]s will shortly ensue, if an effectual and speedy course be not taken to remove them out of the Land, or otherwise to disband those unruly Com­panies.

For the second, we do humbly bese [...]ch your Majesty to take into your Princely consideration, that m [...]ny of those Companies, besides their dissolute dispositions and carriages, are such as professe themselvesAre not many Souldiers now secretly such, & openly Anabap­tists, [...], S [...]ctaries, revi­lers of our Church, Mini­sters? And are not some of th [...]ir Comman­ders likewise such? Papists; And therefore to be suspected, that if occasion serve, they will rather adhere to a forein Enemy, (if of that Reli­gion) than to your Majesty their Liege Lord, and So­veraign: espe [...]ially some of their Commanders and Captains, being as Papistically affected as themselves, and having served in the wars on the part of the King of Spain or Arch. Dutchess against your Majesties Al­lies; [...] [Page 40] Which, of what pernicious consequence it may prove, and how prejudicial to the safety of all your Kingdom, We humbly leave to your Maj [...]sties high and Princely Wisdom.

A [...]d now upon these and many more which might [...]e alleged, most weighty and important reasons, grounded upon the maintenance of the worship and service of Al­mighty God, the continua [...] of your Majesties high H [...] ­nor and profit, the preservation of the antient and un­doubted Liberties of your people, and therein of justice, industry, and valour, which concerns the glory and happi­nesse of your Majesty, all your Subjects, and the preven­ [...]ng of imminent Calamity, and ruine both of Church and Common-wealth; We your most humble and loyal Subjects, the Knights, Citizens, and Burgesses of the House of Commons, in the name of all the Commo­nalty of your kingdom, who are on this occasion most miserable, disconsolate, and afflicted, prostrate at the Throne of your Grace and Iustice, do most humbly and ardently beg for the present removal of this unsuppor­table Burthen, and that your Majesty would be gra­ciously pleased to secure us from the like pressure in time to come. Which King Charls then did by the Petition of Right, which I shall here insert; because al­most quite forgotten by most men like an old Alma­nack out of date, especially by our Grandees.

To the Kings most excellent Majesty.

HUmbly sheweth, unto our Soveraign Lord the King, the Lords Spiritual and Temporal, and Commons in this present Parliament assembled; That whereas it is declared and enácted, by a Statute made in the time of King Edward the I. commonly called [...] de Tallagio non concedendo; That no Tallage or [...]id shall be taken or levied by the King or his [...] in this Realm, without the good will or assent of th [...] [Page 41] Archbishops, Bishops, Earls, Barons, Knights, Burges­ses, and other the Freemen of the Commonalty of this Realm. And by an Authority of Parliament holden the 25 year of the reign of King Edward the 3d. it is declared and enacted; That from thenceforth, no person should be compelled to make any loans to the King against his will, because such Loans were against reason, and the Franchises of the Land. And by other Lawes of this Realm it is provided; That none shall be charged by any Charge or Composition, called a Benevolence, nor by a­ny such like Charge. By which Statutes before men­tioned, and other the good Laws and Statutes of this Realm, your Subjects have inherited this freedom: That they should not be compelled to contribute any Tax, Tallage, or Aid, or other like Charge, not set by com­mon Assent by Act of Parliament. Yet neverthelesse of late divers Commissions (directed to sundry per­sons in several Counties, with their instructions) have issued, by pretext whereof your people have been in divers places assembled, and required to lend certain sums of mony to your Majesty. And many of them upon their refusal so to doe, have had an Oath not warranted by the Laws and Statutes of this Realm ad­ministred unto them; and h [...]ve been constrained to become bound to make appearance, and to give atten­dance before your Privy Counsel at London, and in o­ther places: and others of them have been therefore imp [...]isoned, confined, and certain otherways molested and disquieted; And divers other charges have been laid and levied upon your people in several Counties, by Lord Lieutenants, Deputy Lieutenants, Commissioners for Musters, Justices of Peace, and others, by command or direction from your Majesty, or 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, [...] [Page 42] or be out lawed, or exiled, or in any manner d [...] ­stroyed, nor passed upon, nor condemned, but by the law­full Iudgement of his Peers, or by the Law of th [...] 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 L [...]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 again [...]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 [...]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 th [...] Customes of the same Realm, or by Act of Parlia­me [...]t. [Page 43] 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 Sea­men, 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 A [...]mies in tim [...] of Wars, to proceed to the Trials and condemna [...]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 d [...] ­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 Real [...].

[Page 44]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, [...]r to give attendance, or be confined or other wise mo­lested or disqu [...]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 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 gracionsly 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 Re [...]lm, as they tender the honor of your Majesty, and the Prosperitie of this King­dome.

[Page 45]To which Petition King Charles at last gave this full and satisfactory Answer: Soit droit [...]ait come il est desire par le Petition: that is, Let All Right be done as it is desired by the Petition. To the unspeka [...]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 Birth­rights, 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 Swor [...]man whatsoever can have the hearts or faces to deny unto us, a­gainst all their former Protestations, Remonstrances, Vows, Oaths, Covenants, Engagements, both to God and the English Nation, for fear of being made shor­ter by the head, as the most perfidious Traytors, or rol­led into their graves in bloud by the over-oppressed [...] [Page 46] enraged people, as the most insolent oppressing Tyrants, yea tumbled headlong into Hell flames for all eternity Soul and Body, by God himself, as the most perjured execrable Hypocrites and Impost [...]rs that ever Engla [...]d bred.

Gal. 5. 1, 13, 14, 15. Stand fast therfore in the Liberty wherewith Christ hath made us free, and be not intan­gled again with the yoke of Bondage. For Brethren, ye have been called unto Liberty: only use not Liber­ty for an occasion to the flesh, but by love serve one ano­ther. For all the Law is fulfilled in one word, even this, Thou shalt love thy Neighbour as thy self. But if ye bite and devour one another, take heed that ye be not consu­med one of another.

An Appendix to the Premises

IT hath been the antient Pl [...]t, and long agitated design of Robert Parsons, and other Iesuites and their In­struments, under pretext of reform­ing the Common Laws and Sta­tutes of England, to alter, subvert abolish the Great Charter, Com­mon fundamental Laws of the Land, and principles of Government, whereon the Iustice of the Kingdom, and Liberty and Property of the Subjects are established; as I have irrefragably proved at large, by R [...]bert Parsons his Memorial for Reformation of England, written at Sevil in Spain, An. 1590. by William Watson (a semina­ry Priest) his Quodlibets, printed 1601. p. 92, 94, 95, 286, 330, 332. A Dialogue between a secular Priest and a Lay-Gentleman, printed at Rhemes 1601. p. 95. William Clark (a Roman Priest) his Answer to the manifestation of Father Parsons, p. 74, 75. Robert Par­sons own manifestation of the folly, and bad [...]pirit of certain in England, calling themselves Secular Priests, f. 55. to 63. Mr. Thomas Smith his Preface to Mr. Iohn Daillae, his Apology for the Reformed Churches: Cambridge, 1653. p. 12, 13, &c. The Declaration of the whole House of Commons, 15. Decemb. 1641. Ex­act. Collection, p. 3, 4. Ludovicus Lucius, Historia [...], p. 318, 319, 535. and other Evidences in my Epistle to A seasonable, Legal, and Hist [...]rical [...] [Page 48] Vindication of the good old fundamental Liberties, Rights, Laws of all English Freemen; and to A New Discovery of Free-State Tyranny, to which for Brevi­ty I refer the Reader. That it hath been the Soul­diers and Anabaptists design, endeavour, to put this their Iesuitical Plot against our Laws in execution, under pretext of reforming the corruptions in the Law, and Lawyers, by the Tutorship of the disguised Iesuites (swarming amongst us, and having a Consistory and Councel abroad, that Rules all the affairs of the things of England; as their own General, O. Crom­well himself avers in positive terms to all our three Nations, and the world, in his printed Speech in the painted Chamber, September 4. 1654. p. 16, 17.) I have there likewise demonstrated, and is so experi­mentally visible to all men by their frequent Consulta­tions, Committees, Treatises, Discourses, Votes, and Instruments set on work, to regulate our Laws, that it needs do further proof.

The excellently connatural [...]ess, conveniency of the Laws of England to Englishmens tempers, is so fully expressed, demonstrated by Fortescue, in his Book De laudibus Legum Angliae, Glanvill, Britton, and others of antient, and by Sir Iohn Davies in his Epistle to his Irish Reports, Sir Edward Cook in his Epistles to his Reports, Institutes, with others of later times: by the very New Modellers of our old hereditary Kingdom, into a puny Free-State, in their Remon­strance of March 17. 1648. and by Mr. Iohn Pym, and Mr. Oliver Saint-John, in their late Parliamentary Speeches, printed by the Commons House special Or­ders; that I shall not spend waste-paper to commend them, being the most excellent Laws of all others in the world, as they all unanimously resolve. I shall only adde to their Encomiums of them: That the extra­ordinary care, diligence of our Ancestors, and all our Parliamentary Councels in former ages, to maintain, [...] [Page 49] preserve, defend and transmit to posterity those good old Laws we now do or should enjoy, with the last long Parliaments impeaching, beheading Strafford and Canterbury for Arch-traytors for endeavouring to subvert them with their innovations on the one side, and the late King and his Partisans on the other side, in above In the Col­l [...]ctions of [...], prin­ted by both Houses orders. 500 printed Declarations, Orders, Ordinances, Proclamations, Remonstrances; that the principal end of all their consultations, arms, wars, taxes, Impositions, expences of infinite Treasure and Bloud, in all the unhappy contests against each other; was inviola­bly to defend, maintain our Laws and the Subjects Liberties, secured by them as their best Patrimony, Birthright, and Inheritance; the inserting thereof into all their Generals and Military Officers Commissions, and all Ordinances, to raise monies for the Armies pay; is an unswerable evidence of their transcendent excellency, utilility, preciousnesse, value, esteem, in the eyes of our Parliament and whole Nation: And a convincing Discovery of the Iesuitical Infatuation, folly, frenzy, treachery of those Swordmen and their Confederates, who now revile, traduce, and en­deavour all they may, to reform, alter, subvert those very Laws, and Liberties which they were pur­posely commissioned, waged, engaged inviolably to de­fend, both by the Parliament, and People, and for which end they formerly professed, declared in many printedPrinted 1647. Romonstrances of their own, they fought and ha­zarded their lives in the field; yet now would conquer, and trample under feet, as if they had only fought against them and our hereditary L [...]berties confirmed by them.

I must confess, there are some few Grievances, Abuses, not in the Theory, but Practice of our Laws (introduced by dishonest Attorneys and Sollicitors for the most part) fit to be redressed by the Iudges of the Law, (as some of them have been upon complaint) [...] [Page 50] which I my self had many years since reformed (as I told M [...]. Shepheard upon his fore mentioned motion to me) had not those Army-men violently pulled me with other Members out of the [...]; and interrupted the settlement, peace, liberty, ease from taxes, excise [...], and good Government of the Kingdome, by a happy close with the late King, upon more safe and honoura­ble terms of Freedom and happiness to the whole Na­tion and our Parliaments, than ever we can hope for from our New Governours or Sword-men; to usurp the Soveraign Power of King and Parliament into their own hands, and perpetuate our Wars, Taxes, Excises, Armies, and Military Government upon us, from gene­ration to generation, as experience now manifests be­yond contradiction, 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 th [...] 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 fo [...] 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 they [...] [Page 51] and others complain against, and therefore are justly punished and rewarded by them; the expensivenesse and [...]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 F [...]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 ou [...] 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 [...]ration in few years space.

There are four thing; specially provided for by our [...] Laws, and the original constitution of [...] [Page 52] 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, Pro­ [...]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 mee [...] 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 invio ­lable,See the E­pistle and [...]p­pendix to my Speech in Par­liament, and the History of Ind [...]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, wlth sundry other Members, in remote Castles, sundry years, without any cause, hearing, or recom­pence [...] [Page 53] for this transcendent injustice; And not content herewith, they contrary to both Houses Votes seised, impeached, abused, condemned, beheaded the late King,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 fur­ther [...] [Page 54] 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 lesse than High Treason in others; not only by theSee 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 Their Re­monstra [...]ce and Re [...]resentation, Aug. 2. & 18. [...] & 7 [...]. 1647. Th [...]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 theTheir [...] 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-condem [...]ing Censures, Declarations, Article 14. 16. New instruments, and Ver­dicts passed against others; and by St Pauls own Ver­dict, Rom. 2 [...] 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 F [...]ndamental Laws, Statutes, the Petition of Right it self, and premised Votes in the Parliament of 3 Carol [...], in New-created Military Courts of Iustice, impeached, condemned, executed not only the late King and sundry Nobles, but likewise [...] [Page 55] Knights, Gentlemen, and other Freemen of all ran [...]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 Military­Officers, and greatest Friends) in those forein I [...]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 pl [...]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 [Page 56] 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 la [...]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 [...]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, Excise­men, Major-Generals, their Deputies, or Deputy Depu­ties, who all imprison, dissranchise, oppresse men at their pleasures, (whichFo [...]ue c. 8. 1 H. 7. 46. 16 H. 6. Fitz. Mons [...]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, [...] [Page 57] 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 andSee Purch [...] pilgrimage [...]o. 6. c. 6. & H [...]yns [...]. Mamalukes) the long­est Sword? Against not only all Laws of the Land, but the very eighth and tenth Moral Command [...]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 Land­Lords, who [...]pon any N [...]w coined Delinquency, or pre­tended plots, really sequester, or confiscate them at their pleasures by the self-same Law and Title? Yea where [...]s all our Kings in former ages took Aids and Subsidies from our Ancestors only asSee Bast [...]s [...] and [...] [...] [...] [...] [...] [...] Subs [...], 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 Fi [...]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 [...] [...] c. 37 & 52 H. 3. [...]5. 25 E. 3. c. 1, 2. c. 28 H. 8. c. 1. [...]. Pa [...]is Hist. Angli [...]. 311. 355. 36 [...] 421. 576. 624. 688. 838. 833. 338. 940, 941. 960. Confirmations of their Laws, Liber [...]ies and the Gr [...]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 [Page 58] in full and free Parliaments, and Convocations of the Clergy, (as all our Parliament Rolls, our imprinted Acts, Histories, and4 [...] c. 1. p. [...] 25 to 35. Sir Edward Co [...]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, impo [...]s, tunnage, poundage, and other payments they please upon the whole N [...]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 L [...]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 taxe [...], war [...], and for want of well-guarding the Seas at home. And not content with these ordin [...]ry Monthly co [...]tri­butions, excises, imports, have not these Refarmers, without any leg [...]l Trial, hearing conviction of New Delinquency 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 a [...] by the Laws of the Land) exacted the [...] of all formerly sequestred persons, their heirs and Widows [...] [Page 59] estates, improv'd according to the best improv'd value, by a late Decimation, (for which there is no divine nor [...]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 an [...]ient Laws, exemp­ting them there from, yea notwithstanding this sacred Canon Ezech. 18. 20. The Son shall not b [...]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 Mast [...]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, Chandl [...]rs, Arms and Ammuntion, though their stock, wares, trade, live­lihood) at their pleasures, upon every pretended plot, fear, jealousie? Yea do not Souldie [...]s, Excise-men and their agents break open, search, ransack mens Hous [...]s Studies, Trunks, Chests, both by day and night, an [...] take away their Goods, Chattels, yea their Writ [...]ngs' Records, Papers, (as they See my N [...]w Discove­ry of [...] [...]. did mine,) [...]t th [...]ir pleasures, against all Law, and many late Parliament [...] [Page 60] 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 Serv [...]nts, containing strange, unheard-of Adjudged illegal 1 [...] 3. c. 15. and 1 E. 3. [...]. 2, 3 4. illegall Conditions, and forced them to pay, some 10 [...]. others 5 [...]. others 2 [...]. 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 [...] ­mit all other extorted fees by Marshals, Lieutenants, Officers of the Tower, and others, [...]rom Prisoners; by Souldiers for levying pretended arrears of Taxes, and of Ex [...]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 injnstice 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 indemp­nifie [...] [Page 61] all Excisem [...], and their Assistants against all acti­ous (4) 4 [...] & 17 March, 1653. May 4. 1654, &c. to be brought against the [...], or other molestations by all parties griewed; but expresly requiring, [...]njoyning all Courts of Iustice of this Commonwealth, and all Judges and Iustices of the same, Sheriffs, Counsellors, Attor­nies; Sollicitors, and all other persons to conform them­selves accordingly, Without any opposition or dispute whatsoever; So that now no Court of Justice, or Judge must or can right; nor any Lawyer, Attorney, Solli­citor, or other person, plead, argue or prosecute any sute at Law against any illegal Excise, Tax or Imposi­tion, though never so unjust and oppressive; nor against any Leyier of them, or imprisoner of refusers of them, under pain os being dis- [...]udged, (like Thorp, Nudigate, and Rolls of late) or being committed to the Tower, as Mr. Maynard, Twisden, and Wadham Windham were, for arguing Con [...]s case against these Whitehall Ordinances. A slavery worse than that of theSee my s [...] ­cond [...] to th [...] Jews [...] into England. Eng­lish lews of old; To omit all former inforcements of well affected plundered persons and others, to release their Actions, I [...]dgements, Executions against Cava­liers, Souldiers, and others, and to pay them damma­ges, and costs of [...]ute besides, to their undoings, by their Councils of War, and Committees of Indemnity, of which there are hundreds of sad Presidents; I shall only touch their new Major Generals, Captains, Lieutenants, and others late Abuses of this kind, in sending for Lawyers, Attornies, Sollicitors, Parties, by Souldiers and other Messengers, and forcing them by menaces, terror, and threatned imprisonments to release their Actions, Iudgements, Executions, and to referre all sutes depen­ding in Courts of Equity or Iustice, to their own hearing and determination. Their examining, controlling, re­versing Orders, Iudgements, Decrees, made not only by Iudges, Iustices, and others, in Courts of Law and E­quity, but even by Committees of Parliament, and the Commons House it self: their sending for some persons in Custody who refused to attend them, upon referen­ces, and others sundry miles, and making them dance [...] [Page 63] attendance on them fro [...] day to day upon bare Peti­tions and false suggestiou [...] of clamorou [...] persons, after several Iudgements, Decr [...] es in Courts of Iustice, Equi­ty, Parliaments, and former references by the late King, seconded with [...]any years quiet enjoyment, for lands re­eovered against them, to their intollerable expence and vexation. A preparative to ingrosse all Law and Iustice for the future into their own hands alone, and suppresse all Courts of Iustice, Iudges, as dull and use­lesse tools, as some of late have stiled them. And are not these far heavier, sadder Grievances, abuses wor­thy redresse, than any these Reformers complain of in our Laws or Lawyers?

If our Sword-men imagin, their Victorious Successes will still bear them out in all these their illegal extra­vagances, against all Laws, Tribunals both of God and Men; let them remember, thatT [...]og [...]s Pom [...], & Justin. His [...]. l. 1. H [...]o do [...]us, l. 1. 2. [...] [...]icu­lus, lib 2. Cyrus King of Per­sia, after his victorious conquests of Astyages, Croesus, all Asia, and the East, with a great part of Scythia, and 30 years reign, with c [...]utinual and admirable Suc­cesse; was at last (after a great victory over the Scy­thians) sodenly surprised and slain by Thomyris Queen of Scythia, and his whole old victorious Army of two hundred thousand Persians put every man to the sword, not one of them escaping to bring back tydings of this their admirable universal [...]verthrow and slaughter. Af­ter which his head was cut off by the Queens command, and thrown into a Vessel filled with mans bloud, with this exprobation of his cruelty, Satia te sanguine quem si­tisti, cujusque insatiabilis semper fuisti. ThatPat [...]rculus Hist. l. 2. & 3. Plut [...]rch. in his Li [...]e. P [...]mpey the Great, that glorious and famous Roman, aster his Conquests of, [...] 3 [...] publike Triumphs (decreed him by the Roman Senate) over Europe, Asia and Africa, (the whole known World in that age) which he had subdued, [...]as yet at last conquered by Iulius Caesar his Corrival, [...]nd forced to fly into Egypt; there taken and beheaded by a slav [...], and his cark [...]ss lef unburied o [...] the sands, as a prey to the birds and beasts; so that he who formerly wanted earth for him to conquer, now wanted earth to [...] [Page 62] bury him; such was the vicissitude of his fortune (as Pa [...]erculus observes.) And not long after this Great ConquerourSuctonius, P [...]utarch, [...], G [...]im­ston, and o [...]s i [...] his L [...]. Caesar, was sodenly stabbed to d [...]th in the Senate House by his own Friends in whom he most confided, for his ambitious Tyrannical usurpations over the Senate and people; Enough to make all other usur­ping oppressing Swordmen tremble (not half so great Conquerors as either of these three) notwithstanding all their former successes; which should rather [...]nmble and make them more just, righteo [...] towards the peo­ple, for whose Lawes and Liberties they pretended they only fought against arbitrary Tyranny, Impositi­ons and Rapine, than more arbitrary, insolent, exorbi­tant, oppressive than those they fought against, and suppressed; and that upon the consideration of 2 Chron. cap. 10. 2 Kings 14. 8. to 15. Mich. 2. 1, 2, 3, 4, 5, 7, 8, 9, 10. Ierem. 34. 8. to 22. and Rom. 11. 17. to 22. which I desire them seriously to peruse and meditate upon at their leisures.

To these forenamed 4. Generals, I might add their New Voluminous Whitehall folio Edicts, O [...]dinances, repealing, altering our former Laws and Statutes in many particulars, imposing new Taxes, payments, for­feitures, imprisonments, fines, penalties on the people, aad such as shall infringe them; Their converting all Prizes taken by their Men of War, to private Vses, and their publike Treasury, without repairing or sa­tisfying our Merchants Losses by Pyracies and Wars in the first place, by whose Customs and for whose Safe­ty they are principally maintained, and whose damages should be therefore in justice, conscience, first repai­red; Major Generals and their Deputies suppressing of Innes, Taverns, Alehouses (like absolute Justices) without any legal Authority, and then setting them up again soon after, through the mediation of Friends or mony: Their riding in circuit with those who are their Iudges to overawe and controll them; their open abetting and countenancing of causes; their great de­struction of the timber of the Nation, against s [...]ndry [...] [Page 64] Statutes, their building of new stately Houses, Gar­dens, &c. upon the peoples and the publick stock; the sharing of the publike Lands and Revenues of the kingdom amongst themselves, which should defray publike expences, now fit to be r [...]formed, as in former ages; Their making Sectaries and illiterate Sword­men, and other persons of mean quality, who under­stand neither Law nor Iustice, their Iustices of Peace, and Committee men in sundry places, agai [...] former Statutes: Their imposing, administ [...]ing Oaths to men without any Legal Commissión or Law (as every Sword­man now presumes) a Praemunire and grand Offence in former ages: With sundry more generals, which I pretermit, the particulars whereof would amount to many Baronian Tom [...]s, if at large recorded, being worthy the consideration of the approaching Asse [...] ­bly, if not of reformation. Which Assembly being pur­posely called, as these Army Officers, and Major Gene­rals report, and some Whitehall Letters import, for the reformation of our Laws, and for the healing and closing up of the wounds, breaches of our distracted, discontent [...]d Nations; which my skill in Chirurgery and Politicks, and the method of all former Pa [...]liaments allu [...]es me can never perfectly be healed and closed up, without danger of [...]pse & breaking out again with great [...]r pain, danger, violence, unless they be first sea [...]ched, lanced, and laid open to the bot [...]om, & then perfectly cleansed, and incarnated; without leaving any [...] Corruption underneath. I have thereupon (to gratifie Mr. S [...] ­heard, and discharge my bounden duty to my Profession and Country) thus [...] anatomized and [...]d them open to pu [...] like view, to the end they may (th [...]ough Gods blessing) r [...]ceive a speedy, sound and persect, not superficial palliative C [...], with­out any other si [...]ster design. Now the grand [...] bo [...] of Souls and States g [...]ve so [...] a blessing and successe to these few leaves, that they may prove like the leaves of the [...] of life, Rev. 22. 2. for the [...]aling of the Nations; That God may not now say of England, as he did once of Israel, [...]. 30. 13, 14, 15. Thy bruise is incurable, and thy wound is gri [...]vous, The [...]e is none to plead thy cause that thou maist be bound up; tho [...] [...] no heal [...]ng medicins: All thy lovers have forgotten [...]; they seek [...] [...]ot; for I have wounded thee with the wound of on Enemy, with the chastisement of a cruel one, for the multitude of thine iniquities, because thy sins are encreased.

FINIS.[Page]

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.