A summary collection of the principal fundamental rights, liberties, proprieties of all English freemen; both in their persons, estates, and elections; and of the memorable votes, resolutions, and Acts of Parliament, for their vindication and corroboration, in the late Parliaments of 3 & 17 of King Charles; collected out of their Journals, and printed Ordinances. Most necessary to be known, considered, re-established (in this present juncture of publick affairs) with all possible old and new securities; against past, present, and future publick violations, under-minings, by force or fraud, for the much-desired healing of the manifold large mortal wounds in these chief vital parts, and repairing the various destructive subversive breaches in these prime foundations of our English state fabrick; without which no effectual present or future healing, union, peace, or settlement can possibly be expected, or established in our distracted nations. / By William Prynne of Swainswick Esq; a bencher of Lincolns Inne. Prynne, William, 1600-1669. This text is an enriched version of the TCP digital transcription A91291 of text R206517 in the English Short Title Catalog (Thomason E892_3). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 155 KB of XML-encoded text transcribed from 37 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A91291 Wing P4095 Thomason E892_3 ESTC R206517 99865660 99865660 117908 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online 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. Early English books online. (EEBO-TCP ; phase 1, no. A91291) Transcribed from: (Early English Books Online ; image set 117908) Images scanned from microfilm: (Thomason Tracts ; 134:E892[3]) A summary collection of the principal fundamental rights, liberties, proprieties of all English freemen; both in their persons, estates, and elections; and of the memorable votes, resolutions, and Acts of Parliament, for their vindication and corroboration, in the late Parliaments of 3 & 17 of King Charles; collected out of their Journals, and printed Ordinances. Most necessary to be known, considered, re-established (in this present juncture of publick affairs) with all possible old and new securities; against past, present, and future publick violations, under-minings, by force or fraud, for the much-desired healing of the manifold large mortal wounds in these chief vital parts, and repairing the various destructive subversive breaches in these prime foundations of our English state fabrick; without which no effectual present or future healing, union, peace, or settlement can possibly be expected, or established in our distracted nations. / By William Prynne of Swainswick Esq; a bencher of Lincolns Inne. Prynne, William, 1600-1669. [8], 64 p. Printed for the author, London, : 1656. An enlarged edition of Wing P4094. Annotation on Thomason copy: "a 2d Impression much enlarged Nou. 6.". Reproduction of the original in the British Library. eng Civil rights -- England -- Early works to 1800. A91291 R206517 (Thomason E892_3). civilwar no A summary collection of the principal fundamental rights, liberties, proprieties of all English freemen;: both in their persons, estates, a Prynne, William 1656 26823 105 0 0 0 0 0 39 D The rate of 39 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2007-07 TCP Assigned for keying and markup 2007-07 Apex CoVantage Keyed and coded from ProQuest page images 2007-08 Emma (Leeson) Huber Sampled and proofread 2007-08 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A SUMMARY COLLECTION Of the principal FVNDAMENTAL RIGHTS LIBERTIES , PROPRIETIES OF ALL English Freemen ; Both in their Persons , Estates , and Elections ; and of the memorable Votes , Resolutions , and Acts of Parliament , for their Vindication and Corroboration , in the late Parliaments of 3 & 17 of King Charles ; collected out of their Journals , and printed Ordinances . Most necessary to be known , considered , re-established ( in this present juncture of Publick Affairs ) with all possible old and new securities ; against past , present , and future publick Violations , Under-minings , by force or fraud , for the much-desired healing of the manifold large mortal Wounds in these chief Vital parts , and repairing the various destructive subversive Breaches in these prime foundations of our English State Fabrick ; without which no effectual present or future Healing , Union , Peace , or settlement can possibly be expected , or established in our distracted Nations . By William Prynne of Swainswick Esq a Bencher of Lincolns Inne . Jer. 9. 21. Is there no Balm in Gilead ? is there no Physician there ? why then is not the health of the Daughter of my people recovered ? Jer. 51. 8. Take Balm for her pain , if so be she may be healed . 1 Chron 19. 13. Be of good courage , and let us behave our selves valiantly for our people , and for the Cities of our God ; and let the Lord do that which is good in his sight . London , Printed for the Author , 1656. 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 , wherewith 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 John Davis in his Epistle to his Irish Reports , had written so much in justification of our Laws , as would satisfie and silence allsoldiers 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 since calling to mind , and considering that in the Parliament of 5 R. 2 rot . Parl. n. 17 , 18. it was the resolution both of the Commons and Lords ( desiring redress of their publick G●ievances and oppressions ) * that Reformation alwaies ought to begin in the Head , and so gradually from the Highest Members to the Feet : and that it will be both bootlesse , impolitick , and ridiculous for any publick or private State-Physicians , or Reformers , to spend their time and pains only to cure some small scratches , or cuts in the toes , or fingers ; or breaches in the tyles or seeling of our State and Laws , ( as some Mountebancks , and Pseudo-politicians now do ) and in the mean time to overpasse , neglect , if not increase , dilate the large deadly wounds , in the very Head , Heart , Vital Parts ; and most dangerous Breaches , Under-minings 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 skilfull 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 natural , 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 , all 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 , not long since took in the presence of the most High God , Angels , and Men with hands lifted 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 thereof ; and not suffer themselves directly or indirectly , by whatsoever combination , perswasion , or terror to be divided or withdrawn from this blessed union , &c. but shall all the daies of their lives , zealously , and constantly continue therein against all opposition , and promote the same according to their power , &c. ( Which Solemn League and Covenant I find subscribed in * print , by VVilliam Lenthal Speaker , Robert Nicholas , Gilbert Pickering , Oliver Cromwell , Philip L. Lisle , VVilliam Ellis , Oliver Saint-John , Miles Corbet , John Lisle , Francis Rous , Nathaniel Fyennes , Edmund Prideaux , John Glynn , Bulstrode VVhitelocke , Edward Montagu , and others in greatest present power and imployments , whom I desire now to remember , and perform the same effectually , as they shall answer the contrary at that great day , when the secrets of all hearts shall be disclosed , according to those their printed subscriptions thereof , for all the good ends therein prescribed . ) I thereupon apprehended I could not perform a more seasonable , acceptable , or beneficial service to my native Country in pursuance of the Protestation , and solemn League and Covenant , ( lying still as sacred Bonds upon my conscience , ) than 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 learnedest , skilfullest , wisest State-Physicians and Builders in those Parliaments , to heal and close up the mortal wounds , the perilous Breaches , our late Kings * Jesuitical , arbitrary , tyrannical , ill-counsellors , and other Viperous self-seeking projectors had sormerly made in them , to the impoverishing , oppressing , enslaving of the People , and endangering the utter subversion both of our Fundamental Laws , Liberties , Properties , Government , Parliaments , Kingdomes , Religion ; now in a more desperate deplorable condition than ever , unless speedily revived , by the fresh application of these healing Cordials , reunited , repaired , supported with● these sementing Ingredients by some expert , active Chirurgians , and Master-builders , to whom I humbly recommend them ; as a brief Corollary to the first and second part of my seasonable , legal and Historical Vindication and Collection of the good old fundamental Liberties , Franchises , Rights , Laws of all English Freemen ; till God shall enable me to compleat the remaining parts thereof , in their Chronological series of time ; the best Legacy I can leave behind me to my Native Country , and the whole English Nation , whose real Liberty , VVeal , Tranquillity , Prosperity , ( next to Gods glory and the safety of our endangered Church and Religion ) hath been the sole scope , end , of this , and all other his publications ; who , though ingratefully , despitefully requited for most of them , would repute it his greatest infelicity to be enforced ( or hear other Cordial State-Physicians compelled ) now at last to say of England , as Gods people once did of Babylon , Jer. 51. 8 , 9 , 10. Babylon is suddenly fallen and destroyed , howle for her , take balm for her pain ; If so be she may be healed . VVe would have healed Babylon , but she is not healed ; forsake her , and let us go every one into his own Country ; for her judgment reacheth unto Heaven , and is lifted up even to the Skies . Yet the Lord hath brought forth our righteousnesse : as he hath ( maugre all Enemies , Oppositions , Slanders ) the righteousnesse of him , who desires thy kind acceptation of this Breviary , and prayers for Gods blessing upon this , and all other his real endeavours for sick , desperately-wounded Englands cure ; Swainswick Septemb. 6. 1656. William Prynne . 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 , under-mined , 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 lives , by Martial Law , in times of peace , when other Courts of Justice were open ; and the like . The properties of their Goods and Estates being likewise much encroached upon , and in a great measure subverted , 1 By forced Loans and contributions . 2. By Lieutenants and Deputy . Lieutenants exorbitant Powers , and new rates , taxes , imposed on , and forced from them , without grant in Parliament , for billeting Souldiers , and quartering Souldiers in mens Houses against their wills till they paid those rates . 3. By exacting Tunnage , Poundage , New customes , and impositions without special grant and act of Parliament . 4. By an intended Commission of Excise , ( never put in execution ) and other particulars of like nature . And the Liberty of their Free-elections , much impeached by Lieutenants , and others Letters , menaces , summoning of trained Bands to elections , and the like indirect courses . Whereupon the Parliament begun on Monday , 17 Martii , 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. Mason , Mr. Creswel , Mr. Shervile , Mr. Sherland , Mr. Bancks , Mr. Rolls , Mr. Ball , with other Lawyers , and able Members of the Commons House , passed their unanimous 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 , breaches , desolation of our Land , a Resolved upon the Question . 1. That * no Freeman ought to be committed , deteined in Prison , or otherwise restrained by command of the King , or privy Council , or any other , unless some cause of the commitment , restraint or deteiner be expressed , for which by Law he ought to be committed , deteined , or restrained . 2. That a Writ of Habeas Corpus , may not be denied , but ought to be granted to every man , that is committed , or deteined in Prison , or otherwise restrained , although it be by command of the King or Privy Councill , or any other , he praying the same . 3. That if a Freeman be committed or deteined in Prison , or otherwise restrained 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 upon an Habeas Corpus granted for the same party , that then he ought to be delivered or bayled . 4. b That no Freeman ought to be confined to his House , or any other place , by any command of the King or Privy Council , or any other , unless it be by * Act of Parliament , or by other due course , or Warrant of Law . 5. c That the Commission for martial Law , and all other of such nature , to be executed within the Land at such times as were appointed by this Commission , ( then questioned , to wit in times of peace , when the Kings Courts of Law were open , and other Legal trials might be had by Juries in Courts of Iustice ) are against the Law . 6. That † billetting and placing of Souldiers or any other person in the House of any Freeman , against his will , is against the Law . 7. d That it is the * antient and undoubted Right of every Freeman , that he hath a full and absolute propriety in his goods , and Estate ; And , that no taxes , Tallages , loan , benevolence , or other charge ought to be commanded , imposed , or levyed by the King or his Ministers , without common consent by Act of Parliament . All which Votes were drawn up , and inserted into the Petition of Right , assented to by the Lords , and at last by the King himself in his Answer to that petition , as the antient Fundamental Rights and Liberties of all English Freemen . And therefore after all our late Parliamentary and Military contests , wars for their defence ; fit to be confirmed , ratified by all sorts of Domestick waies and policies , by which the great Charter was * antiently confirmed , and all violations of them exemplarily punished , without any further argument or debate , being indisputable principles and foundations , whereon all our Liberties , Properties , as English Freemen , are bottomed . To which end I would advise that all Civil and Military Officers whatsoever , as well Supreme as subordinate ; all Members of Parliament , Barresters , Attornies , Graduates in our Universities , Steward of Leets and Court-Barons throughout our Dominions , should from time to time , upon , and at their investitures into their several Offices , Trusts , or taking their Degrees , be corporally sworn , To defend and maintain the Great Charter of England , the Petition of Right , and other Fundamental Lawes of this Land ; together with the antient undoubted Rights and Liberties of our English Parliaments , ( according to their late Protestation , and Solemn League and Covenant ) And that all Justices of Assize , Judges , and Justices of the Peace , should specially be sworn at every Assizes and Sessions of the Peace in their respective Circuits , Counties , Corporations ; and the Justices of the Kings Bench every Term , amongst other Articles to the Grand Iury , to give them in charge upon their Oaths , diligently to inquire of and present all Offences , Exactions , Oppressions , Taxes , Imposts and Grievances whatsoever , against the Great Charter , the Petition of Right , and other Good Lawes for the preservation of the Liberty , Right , and Property of the Subject , by any person or persons ; to the end , that they may be exemplarily punished according to Law , by Fines , Imprisonments or otherwise , as the quantity and quality of the Offences deserve : It being the * Advice , Desire , Proposition , and Petition of the whole Commons house first , and after of the Lords and Commons house joyntly to King Charles in his last Parliament ; to which he readily assented : though never since put into actual execution ; which is now most necessary to be effectually accomplished for the future , having been so long neglected . After these Votes , and the Petition of Right passed , several Impositions upon Wines , Currans , Tobacco , Beer , and the taking of Tonnage and Poundage without Act of Parliament , being complained of , it was by special Votes and Declarations of the Commons House , resolved and declared in the same Parliament . 8. e That the receiving of Tunnage and Poundage , and other Impositions not granted by Parliament , is * a breach of the fundamental Libberties of this Kingdom ; and contrary to his Majesties Regal answer to the Petition of Right : And those declared Publick Enemies , who should thenceforth collect , or pay any Customes , Tunnage , Poundage or Imposts , not granted by act of Parliament , which was since enacted and declared for Law in the f two fi●st acts for Tunnage and Poundage , in the last Parliament of King Charles ; and all those in a Premunire , and disable● to sue in any Court of Justice , who shall presume to levy the same without Act of Parliament . The case of all Customers , Excisemen and their Instruments , at this present , fit to be made presidents in this kind for the terror of others . 9. A Commission from the King under the Great Seal of England , directed to 33 Lords and privy Counsellors , dated the last of Febr. 3 Caroli , stiled , g a Commission of Excise , was complained of and brought into the Commons House , and there read , which commanded them to raise monies by Impositions or otherwise , as they in their wisdoms should find convenient , for the safety and defence of the King , Kingdom and People ; the Kings Pro●estant Friends and Allies ; which without hazard of all could admit no delay , the necessity being so inevitable , that form and circumstances must rather be dispensed with , than substance lost . Injoyning the Commissioners to be diligent in the service , as they tendred the safety of his Majesty , and of his People , Dominions and Allies . This Commission of Excise by the unanimous Vote and judgement of the Lords and Commons , was resolved to be against Law , and contrary to the Petition of Right . And thereupon was cancelled ( as such ) in his Majesties presence , by his own command , and was brought cancelled to the Lords House by the Lord Keeper , and by them afterwards sent to the Commons : and the Warrant with all Inrollments of it were cancelled : and ordered by the Commons , that the Projector of it should be found out and punished . Which judgement h was thrice recited , confirmed , and insisted on by the Lords and Commons , ( and some in greatest present power ) the last Parliament of King Charls in printed Speeches and Declarations . And if this intended Commission of Excise , though never executed , was thus frequently damned as an intollerable and monstrous Grievance against our Laws , Properties , and the Petition of Right , How much more are all present Orders , Commissions , Warrants for the actual imposing and levying all sorts of Excises on such , without any act of Parliament ? X. The Commons House in that Parliament , upon solemn Argument and Debate , concluded ; That by the Laws of this Realm , none of his Majesties Subjects ought to be impressed or compelled to goe forth of his County to serve as a Souldier in the Wars , * except in case of necessity of the sudden comming in of strange Enemies into the Kingdom ; or except they be otherwaies bound by the Tenures of their Lands or possessions ; Nor yet sent out of the Realm against his Will upon any forein imployment , by way of an honorable banishment . Which Resolution in the last Parliament of King Charles was enacted and declared to be the Law of the Land , and fundamental Liberty of the Subject , by the i Act for impressing Souldiers for Ireland ; by two Declarations of the Lords and Commons against the Commission of array ; and assented to by the King in his answer thereunto . All which unanimous Votes , Resolutions of both Houses , having been successively ratified in two several Parliaments in King Charles his Reign ( whereof some in present Power were Members , ) and enacted by several Statutes , assented to by King Charles himself ; it must needs be the extremity of Impudency , Tyranny , Treachery , Impiety , Perjury , Barbarism , for any who have formerly contested with him in our Parliaments , or in the open field , for all or any of these premised Fundamental Rights and Liberties of all English Freemen ; and who vowed , protested , covenanted , remonstrated again and again before God and all the World , inviolably , faithfully , constantly to defend them with their Lives and Fortunes all their daies , in their several places and callings ; and who beheaded him as the Greatest Tyrant ( together with Strafford and Canterbury ) for infringing them ; to oppose , contradict , violate or infringe them all in a more transcendent publike manner , than he or his worst Ministers formerly have done ; and now not really , chearfully to corroborate , defend , transmit them to posterity in full vigor , by all good wayes and corroborations that possibly can be devised , without the least opposition and dispute , to make the Nation free , and their own posterity together with it . XI . After the Petition of Right had passed the Commons House , and was transmitted to the Lords ; the House of Lords desired , that this Clause might be added to the close thereof . We humbly present this Petition to your Majesty , not only with a Care of Preservation of our own Liberties , but with a due regard to leave intire that Soveraign Power wherewith your Majesty is trusted , for the Protection , Safety , and Happinesse of your People . The Commons after a long and full Debate , resolved , That this Saving ought to be rejected , and by no means to be added to this Petition ; though very Specious in shew and words ; for that it would be destructive to the whole Petition ; and would leave the Subjects in farre worse condition than it found them . For whereas the Petition recites , That by the Great Charter and other Laws and Statutes of this Land , No Loan , Tax , Tallage or other Charge ought to be imposed on the Subjects , or levyed , without common consent by Act of Parliament , Nor any Freeman of this Realm imprisoned without cause shewed , Nor any compelled to receive Souldiers or Mariners into their Houses against their wills , Nor any man adjudged to death by Martial Law , in times of Peace , but only by the lawful trial of his Peers , according to the established Lawes and Custom of the Realm ; This addition would make the Sense and Construction thereof to be , That the King by his Ordinary power and Prerogative could impose no Loan , Tax , Tallage , or other things upon his Subjects without their common consent by Act of Parliament ; Nor imprison any Freeman , without cause shewed ; Nor billet any Souldiers or Mariners in mens Houses against their wills ; Nor condemn nor execute any Subject by Martial Law : But yet by his Soveraign power , wherewith he is intrusted for the Protection , Safety , and Happinesse of his people , here left intirely to him ; he may when he saw cause and necessity impose what Loans , Taxes , Impositions and Charges he pleased on his people , without common consent and Act of Parliament , imprison them without cause shewed , quarter Mariners and Souldiers in their houses against their wills , and condemn , execute them by Martial Law , upon this pretext , that it was for the Protection , Safety and Happinesse of his people in general ; All which himself and his Council , not the Judges and our Laws , must determine . And so this Addition , if admitted , would quite overturn the Petition it self , the Great Charter , and all other Acts recited in it : and give an intimation to Posterity , as if it were the opinion of the Lords and Commons in this Parliament , that there is a trust reposed in the King upon some emergent cases and necessities , to lay aside as well the Common Law , as the Great Charter and other Statutes , which declare and ratifie the Subjects Liberty and Property , by his Soveraign power . And so by consequence to enable him to alter the whole frame and fabrick of the Commonwealth , and dissolve that Government whereby this Kingdom hath flourished for so many year ; under his Majesties most royal Predecessors . Whereas in truth there is in the King no Soveraign Power or Prerogative royal to enable him to dispute with , or take from his Subjects that Birthright and Inheritance which they have in their Liberties by virtue of the Common Law , and these Statutes , which are meerly positive and declarative ; conferring or confirming ipso facto an inherent Right and Interest of Liberty and Freedom in the Subjects of this Realm , as a Birthright and Inheritance des●ended to them from their Auncestors , and descendible to their Heirs and Posterity . But the Soveraign power wherewith he is intrusted , is only for the protection , safety and happinesse of his people , in preserving this their inherent Birthright and Inheritance of Liberty and Freedom , and those Lawes and Statutes which ratifie and declare them . Upon these and other reasons alleged by the Commons , the Lords after three large Conferences agreed fully with the Commons , and rejected this destructive Addition to the Petition of Right ; which the Lords and Commons in their * Declaration touching the Commission of Array , January 16. 1642. ( to which many now in power were parties ) recite , insist on and corroborated in Parliament , as an undoubted truth . If then the King by his absolute Soveraign power wherewith he was intrusted , could upon no emergent occasion or necessity whatsoever , violate , elude , evade , subvert all or any of these fundamental Laws , Liberties , Rights , and Inheritances of the Subject , by the joynt unanimous resolution of the Lords and Commons in these two Parliaments of King Charles ; much lesse then may any other Person or Persons , or new Powers do it , who condemned him for a Tyrant , and suppressed Kingship as tyrannical , over-burdensome , dangerous to the peoples Liberties , Safety , Prosperity , upon any real or pretended Necessity or Emergency whatsoever . Much lesse may any true English Parliament permit or enable them upon any pretence to do it in the least degree , to the prejudice of Posterity , after so many publick Parliamentary and Military conflicts for these Laws and Liberties . The rather , because that our Noble Ancestors would admit no Saving or Addition to the Great Charter , or any Statutes for its confirmation , that might any wayes impeach their Liberties , Rights , or Proprieties : And when King Edward the 1. in the 28 year of his reign upon the Petition of the Lords and Commons , granted a New Confirmation of their Charters , and in the * close thereof added this Clause , Salvo jure Coronae Regis : That the right and prerogative of his Crown should be saved to him in all things , ( Which the Lords most insisted on , to justify the forementioned rejected Addition to the Petition of Right ) when it came to be proclamed in London , the people hearing this Clause at the end thereof , added by the King ▪ fell into execration for that Addition , and the great Earls , who went away ●atisfied out of Parliament , hearing thereof , went to the King and complained thereof , who promised to redress it ( as Mr. Selden then informed the Commons house , out of a Leiger Book of that year , in the publike Library of the Vniversity of Cambridge : Whereupon in the Statute Do Tallagio non concedendo , 34 E. 1. the King to please his discontented Lords and Commons , not only granted , That no Tallage or Ayd should be taken or levied by us or our heirs in our Realm , without the good will and assent of the Archbishops , Bishops , Earls , Barons , Knights , Burgesses , and other Freemen of the Land , c. 1. But likewise added , c. 4. We will and grant for us and our Heirs , That all Clerks and Lay-men of our Land , shall have their Laws , Liberties , and Free Customes , as they have used to have the same at any time , when they had them best . And if any Statutes have been made by us or our Ancestors , or any Customs brought in contrary to them , We will and grant , That such manner of Statutes and Customs shall be void and frustrate for evermore ; Yea , King Edward the 3. in pursuance thereof , in the Parliament of 4● E. 3. c. 1. assented and accorded , That the Great Charter and Charter of the Forest , be holden and kept in all points ▪ And if any Statute he made to the contrary , that shall he holden for none . And c. 3 , It is assented and accorded for the good Government of the Commons , that no man be put to answer without Present more before Justices , or matter of Re●ard , or by due Process , and writ original , according to the old Law of the Land . And if any thing from henceforth be done to the contrary , it shall be void in the Law , and holden for ●rrour . And therefore we all jointly and severally expect and claim the like Declaration and Resolution in all these particulars , being assented to by King Charls himself in the Petition of Right , and by these antient Warlike Kings , and true English Parliaments , from whose vigilancy , magnanamity , unaminity , zeal , courage in defence of these our fundamental Charters , Laws , Rights , Liberties , we should now be ashamed to degenerate , after so many yeats , wars , and vast expences for their preservation ; and all sacred solemn Protestations , Vows , Leagues , Covenants , Declarations , Remonstrances , and Ordinances , engaging us , with our lives and fortunes constantly to defend them all the daies of our lives , against all opposition . And if any who pretend to the Name or power of a Parliament , should now refuse or neglect to do their duties herein , they may justly expect to be had in perpetual detestation and execration both with God and all English Freemen . XII . It was frequently averred , declared k by the Commons in this Parliament ; That the old custome and use of our Parliaments constantly hath been , and ought to be , to debate , redress all publick grievances , and re-establish , secure their violated * Great Charter , Laws , Rights , and Liberties , in the first place of all , before they debated , or granted any aides , or subsidies demanded of them , ( though never so pressing , or necessary ) it being both dangerous , imprudent , and a breach of their trusts towards the people who elected them , to play an After-game for their Liberties , Laws , and Grievances , which would never be effectually redressed after subsidies once granted . , VVhereupon they refused to pass the Bill of Subsidies then granted till the Petition of Right was fi●st assented unto , enrolled , and their Grievances , redr●ssed by the King . XIII . They cast Sir Edmund Sawyer , a Member of the Commons House , out of it , upon solemn Debate ; l committed him Prisoner to the Tower , and perpetually disabled him to serve in Parliament for the future , for having a chief hand in making a Book of Rates , for Tunnage and Poundag , and laying imposiions on the Subject , in nature of a Projector , without grant or Act of Parliament . And likewise suspended Mr. John Baber ( then Recorder and Burgesse of Welle ) only for making a Warrant to billet Souldiers , on some of the Townsmen , against the Law , and Subjects Liberty , out of fear . Resolving , that all Projectors and Promoters of illegal impositions , Taxes , billetings , Projects out of base fear , ( which Mr. Baber ) or by regal command ( which Sir Edmund Sawyer pleaded for his excuse ) were unfit to sit or vo●e in any English Parliament , and fit to be turned out thence by judicial sentence , with greatest Infamy . And whether any such be fit to be Members at any other season , let those whom it concerns determine . XIV . In this Parliament of 3 Caroli the a Speaker in the close of his first Speech to the King ( according to b usual custome in former ages ) prayed 3 Privileges in behalf of every Member of the Commons House ; the first whereof was , That for the better attending the publick and important services of the House , all and every Member thereof , and their necessary attendants may be free both in Person and in Goods from all Arrests and troubles , according to their antient Privileges and immunities : Which the King then readily granted them all , according to the true Rights and Privileges of Parliament : By the mouth of the Lord Keeper . c After which Sir Edward Cook ( arguing against the King and his Councils power , to commit men only by special command , without any legal cause expressed in the Warrant in the House used this expression . This concerneth not only the Commonalty , but the Lords , and therefore it deserveth to be spoken of in Parliament , because this might dissolve the Parliament and this House : for we may be then all one after another thus committed . 31 H. 6. rot . Parl. n. 26 , 27. d No Member of Parliament can be arrested but for Felony , Treason , or Peace : And all here may be committed ( under these pretences ) and then where is the Parliament ▪ Surely the Lords will be glad of this , it concerns them as well as us ▪ e Not long after the Common House being informed , that Sir Robert Stanhop a Member thereof was committed by the Lords of the Council ; thereupon the House , ( in whose power it was , either to send an Habeas Corp●s , or their Sergeant with his Mace , for any Member committed , as was resolved the last Parliament before this , together with the cause thereof ) ordered ; That their Sergeant should go with his Ma●e , and bring Sir Robert Stanhop , with his Keeper , and the Warrant for his commitment , into the House , the next morning they fate . Who accordingly brought him , with the Marshal of the Houshold , and the Warrant , wherein it was declared , That his commitment was , by the Lords of the Council , for breach of the peace , and refusing to give Su●●ti●t for the Peace ; upon a challenge and a Duel , intended by him , as the truth of the Case appeared , Whereupon the House were of opinion That standing committed for his real breach of the peace , and refusing to give Sureties , he could not have his Privileges , without giving good security in the Kings Bench to keep the peace , And Mr. ●a●shaw all●ging That in such cases some Members by order of the House had entred into Recogni●ances in the Kings Bench in former times , to keep the Peace , a Committee was ordered to search out the Presidents , and consider of the Case . But the quarrel being soon after taken up , thereupon the Lords released Sir Robert without Sureties , to attend the service of the House . On the ●8 of April 1627 Sir Simon Steward a Member of the Commons House , being served with a Sub p●na ad audie●dum judicium out of the S●ar-chamber , at the sute of the Kings Attorny , upon a Bill there exhibited against him , for sundry misdemeanours ; complained thereof to the House , and shewed that he had been inticed to enter into a Bond and Recognizance of 500 l. not to claim any privilege of Parliament . The House upon solemn debate hereof , April 20. resolved , That Sir Simon , notwithstanding this Bond and Recognizance , should have his Privilege allowed him ; because he was elected by , and served for others , and could not make a Proxy ; and because else the House might thereby be deprived of his attendance by his Censure : Yea this Recognisance , with the Condition thereof ( not to claim his Privilege ) were held to be hold and against the Law : And by order of the House , the party who served the Subpoena on Sir Simon Steward , was sent for as a Delinquent ; and Sir Simon commanded to attend the service of the House , and not the hearing of the cause . Vpon this , on the 10th of May , the Inhabitants of the Isle of Ely exhibited a Petition against Sir Simon to the House , complaining , that they had exhibited an Information against him in Starchamber , for taking bribes about pressing of Souldiers as a Deputy Lieutenant , and defrauding the Country about the Kings composition ; which cause was ready for hearing ; Petitioning the House , that he might wave his privilege , having entred into a Bond of 500 l. not to claim it . But it was resolved upon debate , That the Commons House was Judge of any offence done by the Members of it . And thereupon ordered , That a Committee should examine the Witnesses and other proofs of the Charge against him ; and so this House to proceed to Iudgement against him : Which was done accordingly . To these cases of Privilege in the Commons House , I ●●all adde another memorable one in the Lords House , ●● the second Parliament of King Charls . The King sitting that Parliament , committed the Earl of Arundel to the Tower , without leave of the House , or acquainting the Lords with the cause thereof . Whereupon , May 25. 1626. the Lords drew up and sent this Remonstrance and Petition to the King , entred in their Journal on record . The humble Remonstrance and Petition of the Peers . MAy it please your Majesty , We the Peers of this your Realm now assembled in Parliament , finding the Earl of Arundel absent from his place amongst u● , his presence was therefore called for . But thereupon a Message was delivered us from your Majesty by the Lord Keeper , That the Earl of Arundell was restrained for a misdemeanour which was personal to your Majesty , and lay in the proper knowl●dge of your Majesty , and had no relation to matter of Parliament . The Message occasioned us to inquire into the Acts of our Ancestors , and what in like cases they had done ; that so we might not erre in a dutifull respect to your Majesty , and yet preserve our Right and Privilege of Parliament . And after diligent search made , both of all Stories , Sratutes and Records , that might inform us in this case , We find it to be an undoubted Right and constant Privilege of Parliament , That no Lord of Parliament , sitting the Parliament , or within the usual times of Privilege of Parliament is to be imprisoned or restrained ( without Sentence or Order of the House ) unless it be for Treason or Felony , or for refusing to give surety for the Peace . And to sati●fie our selves the better , we have heard all that could be alleged by your Majesties learned Counsel at law , that might any way infringe or weaken this claim of the Peers : And to all that can be shewed or alleged , so full satisfaction hath been given , as that all the Peers in Parliament upon the Question made of this Privilege , hath una voce consented , that this is the undoubted Right of the Peers , and hath inviolably béen enjoyed by them . Wherefore we your Majesties loyal Subjects and humble Servants , the whole Body of the Peers now in Parliament assembled , most humbly beseech your Majesty , that the Earl of Aruudel ( a Member of this Body ) may presently be admitted by your Gracious favour , to come sit and serve your Majesty and the Commonwealth in the Great Affairs of this Parliament . And we shall pray , &c. Vpon this Remonstrance and Petition sent to the King , the * Peers presently adjourned their house till the next morning , by which time they expected the Earls release ; but not finding him enlarged , the next day May 26. they presently adjourned their House till the 2. of June , refusing to sit , and resolving not to act any thing till the Earl was released to sit among them , or the particular cause of his Commitment and seclusion declared to them , that they might judge of its legality . Whereupon the King was inforced to release him to satisfie the Lords House : In imitation whereof the f whole House of Commons the last Parliament of King Charls , upon the Kings comming into the House to demand the 5 Members he had impeached of High Treason , January 4. 1641. ( which they Voted , To be an high Breach of the Rights and Privilege of Parliament , and inconsistent with the Freedom and Liberty thereof ) presently adjourned it self , and so did the House of Peers too ( upon his demand of the Lord of Kimbolton ) refusing to sit as an House , but only as a Committee in London , for certain dayes , till this breach of their Privileges was repaired , and their Mmbers restored , vindicated , cleared by the King ; who released all further prosecution against them . From which Presidents in these Parliaments of King Charles ; it is observable 1. That it is an antient and undoubted Privilege and Right of all and every Mrmber of Parliament , as well Commoner , as Peer , ( as likewise of their necessary Servants and Attendants ) to be free from all Arrests , Imprisonments and restreints whatsoever by the King , Council , or any others , except only in cases of Treason , Felony , and Breach Surety of the Peace : which was then cleared by 5 H. 4. n. 39. 5 H. 4. c. 6. 8 H. 6. n. 57. 31 H. 6. n. 25 , 26 , 27 , 28. 39 H 6. n. 9. ●7 E. 4. n. 36. 4 H. 8. c. 6. 3 Iacobi , the Baron of Waltons case , and Sir George Ha●●ings case 2 Caroli , to which the Presidents printed in Sir Edward Cooks 4 Institutes p. 24 , 25. and the Statute of 8 H. 6. c. 1. may be added ; which declares , That the Great men and Commonalty of the Realm of England called or to be called to the Kings Parliament , do enjoy , and were wont to enjoy . and in time to come ought to enjoy , this liberty or defence in coming , tarrying , and retorning , not to be arrested , moiested , or inquieted ; and gives the same Liberty to the Clergy called to the Convocation by the Kings writs , and to their Servants and Families . Therefore the arresting , imprisoning , secluding , molesting of any Members of late or present times by the Army Officers or others , is a most apparent breach of this antient Privilege , worthy the severest penalties , and speedy reformation . 2. That the ground and only reason of this Privilege is , that all & every member summoned to , or elected and returned to serve in Parliament , might duly , freely , and diligently attend his publike trust and service in the Parl. without molestation , restraint , seclusion or disturbance : ( as these Presidents , Statutes , and Records resolve : ) which all and every of them are bound to doe , under pain of being amerced , fined , and otherways punished , and of losing their wages besides ; as is clear by the Statute of 5 R. 2. Parl. 2. c. 4. The King doth will and command , and it is assented in the Parliament by the Prelates , Lords and Commons , that all and singular Persons and Commonalties , which from henceforth shall have the summons of Parliament , shall come from henceforth to the Parliament in the manner as they be bounden to doe , and have been accstomed within the Realm of England of old times . And every person of the same Realm which from henceforth shall have the said summons , ( be he Archbishop , Bishop , Abbot , Prior , Duke , Earl , Baron , Baneret , Knight of the Shire , Citizen of City , Burgesse of Borough , or other singular Person or Comminalty ) which doth absent himself , or come not at the said Summons , ( except he may reasonably and honestly excuse himself to our Lord the King ) shall be amerced and otherwise punished , as of old times hath used to be done within the said Realm , in the said case , &c. As likewise by the Statutes of 1 H. 5. c. 1. 32 H. 6. c. 15. 9 H. 8. c. 16. The Act for Triennial Paliaments , 16 Caroli , 31 H. 6. n. 45 , 46. 8 Martii 23 Eliz. Cooks 4 Institutes , p. 1 , 2 , 4 , 9 , 10 , 15 , 17 , 23 24 , 35 , 42 to 50 , and my Plea for the Lords , which you may consult at leisure . Therefore no member duly summoned or elected , may or ought to be arrested , secluded , or suspended the Parliament by any Persons or Powers whatsoever , upon any pretext or new devised Instrument , but only by the House and Parliament it self , without the highest injustice , affront to the Parliament , Member , and the people who elect him . 3. That the Parliament alone during its sitting , and no other person or powers whatsoever , is and ought to be the sole Iudge of the due elections , offences , fitnesse , ejection , seclusion , suspension , imprisonment of the Members of Parliament . And that no Member ●n cases of Treason , Felony , or Breach of Peace , ought to be taken away or detained from the service of the House whereof he is a Member , until that House hath satisfaction concerning the truth of the fact , and grounds of the Accusation ; which it is bound to examine , and then to proceed against him , themselves , if it be proper for the Parliament , or to suffer him after to be proceeded against elsewhere , as resolved in the Presidents of Sir Edmund Sawyer , Mr. Baber , Sir Simon Steward , Sir Robert Stanhop , the Earl of Arundel , the Lord of Kinbolton , and 5 impeached Members , forecited of late : By sundry antient Presidents in my Plea for the Lords , p. 33 to 54. My Ardua Regni , and Levellers Levelled , Cooks 4 Institutes , p. 23 , 24 , &c. And expresly declared by the Lords and Commons , in their printed Declaration , Octob. 23. and Remonstrance Novemb. 2. 1 42. Exact Collection p. 655 , 657 , 723 , 724 , 726 , 727. Wherefore for any persons or Powers out of Parliament to arrest , o● seclude any Member duly summoned or elected by the People ( especially without , before , or against the judgement of the Parliament , or without rendring any reason thereof to the Parliament and : People who elect them ) is the highest usurpation over , and affront to the Soveraign jurisdiction of Parliaments , that possibly can be devised , yea an erection of a supream new Power , both over Parliaments themselves , and their Members ; and great injustice to the People , lately g voted the Soveraign Power , and only fountain of all lawfull Authority in the Nation . 4. That the Parliaments of England in all former ages , have been very diligent , vigilant , zealous , resolute , couragious in maintaining these their antient undoubted Privileges of their Members , and the Houses of Parliament , against the least incroachment or violation ; not suffering so much as one or two of their Members at any time ( especially in the Parliaments of King Charles ) to be imprisoned , or restrained from the Parliament , for any real ar pretended causes , without present demanding of him , or them , and examining the grounds of their restraints , adjorning their Houses , and refusing to sit or act till till their Members were restored , righted ; and their Privileges repaired ; And that upon these four grounds , worthy special observation . 1. Because our Parliaments in former times , were constantly adjourned from the day of their first appearance , till a further time , when any of the Lords , Knights and Burgesses , by reason of shortness of time , other publike imployments , or default of the Sheriffs returns , were absent , and did not appear , to make up a full Parliament upon the first day of the Summons ; which I have proved by 30 Parliaments , Presidents and Records h elsewhere cited ) in the reignes of King Henry 3. Edward the 3. Richard 3. and Henry the 4th , ( to which some others might be added ) to prevent the danger of acting any thing in a thin or packed House . 2. Because the undue seclusion of any Members duly elected by force or combination , ( especially when others unduly , or not at all elected by the people , were returned and admitted as Members ) hath nullified , made void and repealed all the Acts and Proceedings of former Parliaments , thus fraudulently packed for sinister private ends ; as being no Parliaments at all in law or truth , but a packed Conventicle and Confederacy ; as the printed Statutes of 21 R. 2. c. 12. 1 H. 4. c. 3. and rot. Parl. 1 H. 4. n. 22 , 23. 38. 48. 66. 70. 38 H. 6. n. 35. 39 H. 6. c. 1. 17 E. 4. c. 7. And the Statutes of 10 H. 7. c. 23. made in Ireland , will resolve the perusers of them , being over-tedious to transcribe . 3. Because else the King and his Council , or others might as well summon what Nobles , Counties , Cities , Boroughs they pleased to the Parliament , and omit whom else they pleased out of the Summons , without any Writs directed to them ; and seclude or admit whom they pleased , when summoned , elected , returned to serve in Parliament ; contrary to the i Great Charter of King John , and the Statute of 5 R. 2. c. 4. which expresly provide , That all the Barons , Citizens , Burgesses , Comminalties and Counties shall be summoned to every Parliament . And if any Sheriff of the Realm be from henceforth negligent in making his returns of Writs of the Parliament , or that he leave out of the said Returns any Cities or Boroughs which be bound , or were of old time wont to come to the Parliament , he shall be amerced or otherwise punished , in the manner as was accustomed to be done in the said case in times past . They being all to be summoned as formerly , exdebito Iusticiae , as Sir Edward Cook resolves in his 4th Institutes , p. 1. printed by the Commons House special Order : else the Parliament will be Void and Null , as the Statute of 10 H. 7. c. 23. for Ireland declares , resolving the Patent of Drogheda to be void , upon this reason . 4. Because ( as both Houses of Parliament resolved in their ( k ) Declaration of October 23. and Remonstrance , Novemb. 2. 1642. published in print to all our 3. Kingdoms and the World , ( penned and assented to by some Grandees in present power ) the King or any prevailing party whatsoever might else at any time seclude and pull out of the House of Parliament all such Members as they found ●r●sse and opposite to their designs ; Make whom and how many Members they pleased a Major part , to carry on their designes , and thereby destroy the whole Body of the Parliament by pulling out the principal Members , and pull up their Privileges by the roots . A treachery , injury , innovation , not to be tollerated or connived at in the least Degree , after so many Protestations , Vowes , Solemn Leagues , Covenants , Declarations , Remonstrances , both by the Parliament and Army , and so many years bloudy Wars , for defence of the Rights and Privileges of Parliament . I shall therefore close up this particular with the memorable words of Lords and Commons forenamed Remonstrances , which I desire all Swordmen , the whole Nation , and those especially who were then Members , to take special notice of . l This Privilege of the Members se●●usion from the House , and arrests ( fore mentioned ) is so clear and essential a Privilege of Parliament , that the whole Freedome of Parliament depends upon it . For who sees not , that by this means under false pretences of Crimes and Accusations , such and so many Members of both or either House may be taken out of it at any time , by any persons to serve a torn , and to make a major part of whom they will at pleasure . And therefore as the Freedom of the Parliament dependeth in a great part upon this Privilege , and the Freedome of this Nation upon the Freedome of Parliaments ; We have good cause to believe , that the People of England , knowing that their Lives and Fortunes are bound up in this Bundle , will venture their Lives and Fortunes in this Quarrel . Accursed , and for ever execrated then let all those Sword-men and Innovators be , who by any Matchiavilian Policies , Engines , or Instruments whatsoever , shall endeavour to deprive the Parliaments and People of England , of this their antient essential Privilege and Freedoms ; or necessitate them once again to venture their Lives or Fortunes in this quarrel , to maintain or regain the same by a New war or insurrection , against the Imprisoners or Secluders of any of their duly elected and best respected publick Trustees out of our Parliaments in time to come ( as they have oft times done for some years by-past ) to the subversion of Parliaments , and Peoples general affront and discontent . To prevent which danger , I could heartily wish , that a free Legal English Parliament might be duly summoned , either by the Peers of the Realm , or by the Freeholders , Freemen , and Burgesses of every County , City , and Borough , in their default , according to the late Act for triennial Parliaments , yet in force ( to which many in present power were assenting ) to redress all high violations of our Parliaments just Rights and Privileges , and prevent the like for the future , reform all publick Grievances , remove all unrighteous oppressions , compose our manifold sad Divisions , Schismes , Fractions both in Church and State , and settle our three distracted Kingdoms in such unity , peace , prosperity , after all our destructive wars , as all good men long , pray for , and none but Traytors , or professed Enemies to our Tranquillity and Welfare , can or dare oppose . 15. The whole House of Commons ( m ) impeached , and the Lords House judicially sentenced D● . Manwaring ( then a Member of the Convocation ) for preaching before the King , and publishing in print in two Sermons , intituled Religion and Allegiance , contrary to the Laws and Statutes of this Realm , and propriety of the Subject , 1. That the King is not bouud to keep and observe the good Laws and customes of the Realm , concerning the Rights and Liberties of the Subject , who undoubtedly inherit this Right and Liberty not to be compelled to contribute any tax , tallage , aid , or to make any loans , not set or imposed by common consent , by Act of Parliament : And that his Royal will and command in imposing Loans , Taxes , and other Aids without Common consent in Parliament , doth so far bind the conscience of the Subje●● of this Realm , that they cannot refuse the same without peril of damnation . 2. That those his Majesties Subjects who refused the Loan imposed on them , did therein offend against the Law of God , against his Majesties supream Authority : and by so doing became guilty of impiety , disloyalty , rebellion , disobedience , and lyable to many other Taxes and censures . 3. That authority of Parliament is not necessary for raising of Aids and Subsidies , That the slow proceedings of such Assemblies are not fit for the supply of the urgent necessities of the State , but rather apt to produce sundry Impediments to the just designs of Princes : and to give them occasion of displeasure or discontent . For which Sermons and positions the Lords House adjudged , 1. That this Dr. Manwaring ( notwithstanding his humble Petitions , and craving pardon for these offences ) shall be imprisoned during the pleasure of the House . 2. That he be fined 1000 l. to the King. 3. That he shall make such a submission and acknowledgement of his offences , as shall be set down by a Committe in writing , both at the Lords Bar and in the House of Commons ( which he accordingly made . ) 4. That he shall be suspended for the time of three years from the exercise of the Ministry . 5. That he shall be for ever disabled to preach at the Court hereafter . 6. That he shall be disabled hereafter to have any Ecclesiastical dignity or secular Office . 7. That the same Book is worthy to be burnt , and that for the better effecting thereof , his Majesty may be moved , to grant a Proclamation to call in the said Books , that they may be burnt accordingly in London , and both Universities , and for inhibiting the printing hereof upon a great penal●y . Which was done accordingly . Whether some late Court-Chaplaint , or Parasites have not incurred the like offences , and demerit not as severe a censure as he , for some Sermons , and printed Pamphlets , * Instruments of like nature ; is worthy the consideration of the next publike Assembly , and future English Parliaments . XV . The n House of Commons sent for , and committed Mr. Laughton , and Mr John Trelawny , to the Tower , and Sir William Wray , and Mr. Edward Trelawny , to the Sergeant at Arms , during the Houses pleasure , and ordered them to make a Recognition of their offences at the Assises in Cornwal for interrupting the freedomes of Elections in that County ; For that some of them being Deputy . Lieutenants , and others of them Justices of Peace of the County of Cornwal , writ Letters to this effect . Whereas the safety of the Realm depends upon the Parliament , we the Deputy-Lieutenants and Justices to whose care the County is committed , finding A. and B. fit persons , have desired them to stand to be Knights , whereof we give you notice ; and advising Sir John Eliot and Mr. Cariton to desist , that they wished them not to be chosen , and menacing them in this manner , but if you go on , we will oppose you by all means , lest his Majesty suspect our fidelity ; since you know how gracious you are to his Majesty , and how many waies he hath expressed his displeasure against you . And his Majesty will conceive your Election to be an affront to his service , and so we shall draw the displeasure of the King on us Our hope is , that you out of conscience and loyalty will not seek this place ; and we let you know , that if you do , we will oppose you all we can , &c. And writing Letters to others of the County to this effect . Whereas unquiet Spirits seek their own ends , we desire men of moderation may be chosen , and we desire you to give your Voito A. and B , &c. And for that besides these Letters , they warned the trained Band to attend the day of the election . By which Letters , Menaces , and Practices they were voted guilty , as practising to pervert the free-dome of the election of the Knights of that County ; and thereupon thus censured by the House . On the 28 of the same May 1628. Sir John Eliot reported from the Committee sundry complaints against the Lord Mohun , Vice-warden of the Stanneries in Cornwal , by the Tinners of that County , whereof this was one , That the Tinners in Cornwal , have time out of mind used to elect a Parliament of Tinners , so often as there is occasion , summoned ever in this manner , The Lord Warden of the Stanneries grants his Commission to the Vice-Warden , who thereupon directs Sommons to the 4 Maiors of the 4 Divisions of the Stanneries , appointing them to elect within every Division , 6 Tinners to be elected by the Maior and his Corporation ; and so the parties elected are returned to serve in their Parliment . That the Lord Mohun being Vice-Warden at Christmas then last past , sent his Warrant to the 4 Maiors , commanding them to elect such and such Persons by name to be Tinners for the Parliament . The Maiors obeyed , and summoned the men , who met the 4th of January last . Upon the meeting , the Tinners questioned the lawfulnesse of that Parliament . First , because there was no Commission ( from the Lord Warden , but only a Letter ) and that for a meeting only to confer. 2. For that the Election was not free and due . VVhereupon that Parliament was dissolved as void . Upon which the Lord Mohun the 5 of February , sent out new Sommons to the Maiors , that they should reassemble such and such Persons as he named in his Warrant ; Who meeting together , he perswaded fourteen of them ( against the Protestation of the other ten ) to impose the sum of 500l . upon the Tinners , towards the maintenance of their Liberties , as he pretended ; and sent forth his Warrants to collect the Money sitting this Parliament . VVhich the Tinners complained of in Parliament , as a great Grievance and impeachment of their privilege , and freedom of their elections and Parliaments ; and was so voted by the Commons House , and the Lord Mohun thereupon summoned to answer the charge . Whether the Fredom of many late Elections of Members for this Assemblie in Counties and Burroughs , hath not been perverted , hindered , abolished , by like Letters , Menaces from Whitehall , Major Generals , Captains , other Grandees ; by drawing up Troops of armed Souldiers to the places of Election to terrifie the peole , enjoining such and such persons by prescribed Lists , Letters , and otherwise to be chosen , such and such to be opposed and not elected , as being persons disaffected , turbulent , unquiet Spirits , &c. and other indirect practices ; ( to make up a packed Court-Coventicle , to carry on private designs , instead of a New Free state Parliment ) is worthy the inquiry and censure of those whom it most concerns ; to preserve and vindicate the Free-dome of Elections , long since established , against such practices , menaces , force and terror , by the Statute of 3 E. 1. c. 5. which enacts , * Because Elections ought to be free , the King commanded upon great forfeiture , that no great Man , nor other , by force of Arms , or by malice or menacing , shall disturb any to make free Election . For violating which Law , and antient custome , the whole Parliament of 1. H. 4. rot : Parliamenti , nu : 36. thus impeached King Richard the 2. when they enforced him to resign his Crown , for his misgovernment in this particular amongst others . That although by the Statute and Custome of his Realm , in the Assembling of every Parliament , his People in all Counties of his Realm , ought to be free , to choose and d●pute Knights for the said Counties to be present in Parliament , and to declare their Grievances , and to prosecute remedies thereupon , as it should seem expedient to them ; Yet the said King , that he might be able in his Parliaments more freely to obtain the effect of his rash will , frequently directed his Mandates to his Sheriffs , to cause certain persons nominated by the King himself , as Knights of the County , to come unto his Parliaments . Which Knights verily favouring the King he might easily induce , as he frequently did ; sometimes by divers Menaces and tenors , and sometimes by Gifts , to consent to those things which were prejudicial to the Realm , and very burdensome to the People , and specially to grant to the said King a Subsidy for certain years , to the over-great oppression of his people . Which misdemeanour and incroachment upon the freedom of his Subjects elections , and packing of Parliaments for these ends , lost him not only his peoples hearts , but his very Crown , Regal Power and life . Which others who now tread in his footsteps , and exceed him herein , may do well , advisedly to consider , for fear of the like impeachment , and tragical events . In 11 R. 2. Rot. Claus. dors . 13. The King sent Writs to the Sheriffs of Kent , and all other Sheriffs to summon a Parliament , with this New unusual clause , by reason of the differences between the King and his Nobles . Eligere homines in debatis modernis maxime indifferentes . But this being a Novelty , ( contrary to the Freedom of Elections , and the Statute of 3 E. 1. c. 5. ) & contraformam Electionis antiquit us usitatae , et contra libertatem Dominorum et Communitatis regni hactenus obtentam . Ideo , therefore this clause was struck out of the Writs , by order of Parliament ever since . And that Parliament was afterwards repealed , by the Parliament of 21 R. 2. When the Parliament of 6 H. 4. Anno 1404. was to be summoned , the King by pretext of an Ordinance of 45 E. 3. rot . Parl. n. 13. wrote Letters to the Sheriffs and other Officers ; * That no Lawyer should be chosen or returned a Knight or Burgesse for the Parliament , yet inserted it not into the Writ , as Walsingham and others mistake . But the very next Parliament after , 7 H. 4. the Commons grievously complained against the interruption of the Freedom of their Elections by these Letters ; Whereupon , to prevent the like incroachment and int●rruption for the future , at the grievous complaint , of the Commons , of the undue Election of the Knights of the Counties for the Parliament , which be sometimes made at the affections of Sheriffs and otherwise , against the form of the Writs , to the great slauder of the Counties , and hinderance of the businesse of the Comminalty in the said County ; it was ordained and establishid * by a special Act yet in force ; that all that attend to the Election of the Knights in the full County , shall proceed to the Election freely and indifferently , notwithstanding any Request or Commandement to the contrary . By vertue of which Acts and premises all late Letters to Major Generals and Sheriffs with like or worser clauses to restrein the people in the freedom of their Elections , must be void and illegal . In 18 H. 6. n. 18. A New Election and Writ was awarded and sent to tht Sheriff of Cambridge , with proclamation , That none should assemble with names to the New election , nor intermeddle in it without warrant of Law , the former election being vacated by reason of the force and disturbance . Anno 38 H. 6. there was a Parliament summoned at Coventry on the 2. of November , wherein divers Knights and Burgesses were returned by the Sheriffs , nominated onely by the Kings Letters ( surreptitiously procured from him by divers seditious and other 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 Stacute of 23 H. 3. c. 11. as appears by 38 H. 6. n. 35. and the Statute of 39 H. 6. c. 1. But what was the issue ? The very next year a new Parliament being summoned ; the first Act they made , was , to declare this Parliament , and all Acts , Statutes and Ordinances made therein , to be null and void , and of no force and effect : Because it was unduly summoned , a great part of the Knights for divers Counties of this Realm , and many Burgesses and Citizens for divers Boroughs and Cities in the same Appearing , were named , returned and accepted , some of them without due and frée election , fome of them without any election , against the course of the Kings Laws , and the Liberties of the Commons of the Realm ; by the means and labours of the said seditious Persons , &c. As the Statute of 39 H. 3. c. 1. ( worthy perusal and consideration of this next Assembly ) resolves in positive termes , though not one of those then duely elected by the people was secluded . Which I desire all our ignorant violent Swordmen , young Statesmen , and Instrument-makers to take Notice of , for fear all their Conventions , Acts and proceedings prove meer Nullities in conclusion , upon this account of unfree and undue elections , and seclusions of Members duly elected , against Law , and the Parliaments , Peoples Rights and Privileges . 16. In this Parliament of * 3 Caroli , the Attornies of York complained to the Commons House , that King Charles in the second year of his reign had granted to Sir Thomas Mounson by Patent , the sole making of all Bills , Declarations , and Informations before the Counsel of York , and likewise the sole making of Letters Missives and Processe in that Court for 3. Lives . The Committee of Grievances , 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 Lepton 4 Iacobi of this Office , To be a Grievance and Monopoly , both in the creation and execution . And the whole Committee of Grievances , and Commons House upon the Report and full debate of this Patent to Sir Thomas Mounson , adjudged it likewise to be a Grievance , both in the Creation and Execution , in respect of Bils , Declarations , and Informations ; though not in respect of Letters and Processe ; the sole making whereof the King might lawfully grant upon the erecting of this Court by a special Patent , but being mixed with Bills , Declarations and Informations in the same Patent , they adjudged the whole Patent to be a Grievance , ( as they likewise resoved the Earl of Holland his Patent of Exchange , for the sole buying of Gold and Silver , to be a Monopoly and Grievance , both in the creation and execution , June 23. 1628. ) And that principally for 3 Reasons . First , because it was a * Monopoly within the Statute of 21 Jacobi , tending to the prejudice of the Attornies of York in their very Profession of making Bils , Declarations & Informations , which they antiently made ; and likewise of the people , who must dance attendance on this sole Secretary and his Clerk , til they were at leisure to dispatch their Bils and Declarations . 2ly , Because upon the making of Bils and Declarations men must shew their evidences to this Patentee and his Clerks , and trust them with them , as in cross Bils they must see the evidences of both parties , which would be very mischievous and prejudicial to the Clients . 3ly , Because this would erect a New fee , and bring a New charge upon the people : Which fee Lepton took for the execution of his Patent , though Mounson had not yet taken any New fee . And whether the old Court project ( which I formerly twice quashed ) now about to be revived , as I hear , of erecting Registers in every County , to record all Morgages , Feoffments , Leases , 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 , fee , and intollerable vexation upon all sorts of people , to their intollerable prejudice , and vast expence of 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 Short Demurrer to the Iews long discontinued barred Remitter into England , ) 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 expencè ; and oft times return at last with●ut their expected preferments , without any sufficient cause alleged either to their Patrons or themselves , being held fit for other livings , but not for those to which they are presented especially if benefices of good value or note , to which some of the Approvers their Friends or kinred have an eye ) . And the New fees there paid to their Clark and Register for approbations and admissions , be not as great a Grievance and Monopoly , as this of Lepton and Mounson , fit to be redressed ; I refer to the approaching Assemblie , 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 fol. 86. b. 17. They appointed a * special Committee to hear , examine , report , punish the manifold complaints of the Counties , and Corporations of England , against the New exorbitant power and proceedings of Lieutenants and Deputy-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 billetting of Souldiers , and levying them by Souldiers on such as refused to pay them , by quartering Souldiers upon them till paid , or imprisoning , or vexing the Refusers . For which these Lieutenants , Deputy-Lieutenants , and Officers of the Souldiers were sent for as Delinquents , and their New power and proceedings voted to be contrary to Law , and the Subjects Liberties , Pernicious to the Country , and dishonorable to the King . And whether the late erected New Powers of our Major Generals , and their Deputies throughout England be not such ( in imitation of o Wil. Longchamp the first Protector in the Reign of Richard the first , who placed in every County armed Troops of Mercinary Souldiers , under New Governors of their 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 shamefully stript of all his Authority , and forced to flye over Sea , disgnised in womens apparel , within one year after , notwithstanding all his Guards , or Garrisons ; or of the p Turkish Bashawes , and Beglerbegs , as most Patriots of their Countries Freedome , and the ordinary people mutter ) and their exorbitant Tyrannical proceedings in apprehending , taxing , decimating , dis-officing , dis-franchising , and sequestring all sorts of men in Counties and Corporations at their pleasure ; in controuling all Officers and Ministers of Justice ; in intermedling with all mens sutes 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 , Patronss of English Liberties , and Declamers , Engagers against arbitrary Tyranny , yea to the Consciences of all those army Officers , Souldiers , and Major Generals themselves to resolve , who were p●nners , subscribers , approvers , applauders of , or assenters to the printed Engagements , Remonstrances , Representations , Proposals , Desires , Letters , and Resolutions for se●ling this Nation in its just Rights , the Parliament in their just Privileges , and the Subjects n their just Liberties and Freedoms , publi●hea 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 , Atheism 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 Liberty , Peace , and Christian Unity , without more effusion of English , Scotish , or Irish bloud , to regain those just fundamental old Rights , Liberties , 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 Whitehall ( concerning the intolerable Grievance of billetting and keeping of Souldiers 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 Petition of Right ( though since condemned q as the worst and greatest of Tyrants by some , who succeeed him at Whitehall ) And therefore is much more just and reasonable to be granted by them now , for the Peoples ease , 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 terifie , seize , imprison , Guard , oppresse , enthrall , impoverish , dis-inherit of all hereditary Liberties , rights , privileges , our English Freemen at their pleasures , and to over-awe , force , dissolve , even Parliaments 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 manner , 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. at 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 it , the whole Commons House then thus petitioned . To the Kings most excellent Majesty : IN all humblenesse complaining , sheweth unto your most Excellent Majesty , your loyal and dutiful Commons now in Parliament Assembled . That whereas , by the Fundamental Laws of this your Realm , every 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 partcicular , A new and almost unheard of way hath been invented and put in practice to lay 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 of them ; to the exceeding great disservice of you Majesty , the general terror of all , and utter undoing of many of your good people . In so much as we cannot sufficiently recount , nor in any sort proportionably to the sense we have of our present misery , herein are we able to represent to your Majesty , the innumerable mischiefs and most grievous exactions , that by this means alone we do now suffer ; whereof we will not presume to trouble your sacred Ears , with particular information . Only most gracious Soveraign , we beg leave to offer unto your gracious view , and compassionate consideration , a few of them in general . 1. The service of Almighty God is hereby greatly ly hindered , the * people in many places not daring to repair to their Churches , lest in the mean time the Souldiers should rifle their Houses . 2. The antient good Government of the Country is thereby neglected , and almost contemned . 3. Your Officers of Justice in performance of their Duties have been resisted and endangered . 4. The Rents and Revenues of your Gentry are greatly and * generally diminished ; Farmers to secure themselves from the Souldiers insolence , being by the clamour and sollicitation of their fearfull and endangered VVives , and Children , enforced to give up their antient dwellings , and to retire themselves into places of more secure habitation . 5. Husbandmen , that are as it were the hands of the Country , corrupted by ill example of Souldiers , are * encouraged to idle life , give over their work , and seek rather to live idlely on other mens charges , than by their own labours . 6. Tradesmen and Artificers almost discouraged , being enforced to leave their Trades , and to imploy their times in preserving their families from violence and cruelty . 7. Markets unfrequented , and our waies grown so dangerous , that your people dare not passe to and fro upon their usual occasions . 8. Frequent Robberies , Assaults , Burglaries , Rapes , Rapines , murders , barbarous cruelties , and other late most abominable vices , and outrages , are generally complained of from all parts where these companies have been and made their abode ; few of which insolencies have not been so much as questioned , and fewer , according to their demerit , punished . These , and many other lamentable effects ( most dear and dread Soveraign ) have , by this billetting of Souldiers , already fallen upon your loyal Subjects , tending no lesse to the dis-service of your Majesty , than to their own impoverishing , and distraction . So that thereby they are exceedingly disabled to yield your Majesty those supplies for your urgent occasions which they heartily desire . And yet they are more perplexed with the apprehensions of more approaching dangers . One in regard of the Subjects at home ; the other , of Enemies abroad . In both which respects , it seems to threaten no small calamity . For the first , the meaner sort of your People being exceeding poor , whereof in many places are great multitudes , and therefore in times most setled , and most constant administration of Justice , not easily ruled , are most apt upon this occasion to cast off the reigns of Government , and by themselves , with those disordered Souldiers , are very like to fall into mutiny and rebellion . Which in faithful discharge of our Duties we cannot forbear most humbly to present unto your high and excellent Wisdom , being possessed with probable fears , that some such mischiefs will shortly ensue , if an effectual and speedy course be not taken to remove them out of the Land , or otherwise to disband those unruly Companies . For the second , we do humbly beseech your Majesty to take into your Princely consideration , that many of those Companies , besides their dissolute dispositions and carriages , are such as professe themselves * Papists ; And therefore to be suspected , that if occasion serve , they will rather adhere to a forein Enemy , ( if of that Religion ) than to your Majesty their Liege Lord , and Soveraign : especially some of their Commanders and Captains , being as Papistically affected as themselves , and having served in the wars on the part of the King of Spain or Arch-Dutchess against your Majesties Allies ; Which , of what pernicious consequence it may prove , and how prejudicial to the safety of all your Kingdom , We humbly leave to your Majesties high and Princely Wisdom . And now upon these and many more which might be alleged , most weighty and important reasons , grounded upon the maintenance of the worship and service of Almighty God , the continuance of your Majesties high Honor and profit , the-preservation of the antient and undoubted Liberties of your people , and therein of justice , industry , and valour , which concerns the glory and happinesse of your Majesty , all your Subjects , and the preventing of imminent Calamity , and ruine both of Church and Common-wealth ; We your most humble and loyal Subjects , the Knights , Citizens , and Burgesses of the House of Commmons , in the name of all the Commonalty of your kingdom , who are on this occasion most miserable , disconsolate , and afflicted , prostrate at the Throne of your Grace and Iustice , do most humbly and ardently beg for the present removal of this unsupportable Burthen , and that your Majesty would be graciously pleased to secure us from the like pressure in time to come . Which King Charls then did by the Petition of Right , which I shall here insert ; because almost quite forgotten by most men , like an old Almanack out of date , especially by our Grandees . To the Kings most excellent Majesty . HUmbly sheweth , unto our Soveraign Lord the King , the Lords Spiritual and Temporal , and Commons in this present Parliament assembled ; That whereas it is declared and enacted , by a Statute made in the time of King Edward the 1. commonly called Statutum de Tallagio non concedendo ; That no Tallage or Aid shall be taken or levied by the King or his heirs in this Realm , without the good will or assent of the Archbishops , Bishops , Earls , Barons , Knights , Burgesses , and other the Freemen of the Commonalty of this Realm . And by an Authority of Parliament holden the 25 year of the reign of King Edward the 3d. it is declared and enacted ; That from thenceforth , no person should be compelled to make any loans to the King against his will , because such Loans were against reason , and the Franchises of the Land . And by other Lawes of this Realm it is provided ; That none shall be charged by any Charge or Composition , called a Benevolence , nor by any such like Charge . By which Statutes before mentioned , and other the good Laws and Statutes of this Realm , your Subjects have inherited this freedom : That they should not be compelled to contribute any Tax , Tallage , or Aid , or other like Charge , not set by common Assent by Act of Parliament . Yet neverthelesse of late divers Commissions ( directed to sundry persons in several Counties , with their instructions ) have issued , by pretext whereof your people have been in divers places assembled , and required to lend certain sums of mony to your Majesty . And many of them upon their refusal so to doe , have had an Oath not warranted by the Laws and Statutes of this Realm administred unto them ; and have 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 imprisoned , 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 , or be outlawed , or exiled , or in any manner destroyed , nor passed upon , nor condemned , but by the lawfull Iudgement of his Peers , or by the Law of the 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 Lords of your Privy Council : And yet were returned back to several Prisons without being charged with any thing , to which 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 against their Wills have been compelled to receive them into their Houses , and there to suffer them to sojourn , 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 no man should be 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 the Customes of the same Realm , or by Act of Parliament . And whereas no Offender of what kind soever is exempted from the proceedings to to be used , and punishments to be infflicted by the Laws and Statutes of this your Realm . Neverthelesse of late time , divers Commissions under your Majesties Great Seal have issued forth , by which certain Persons have been assigned and appointed Commissioners , with Power and Authority to proceed within the Land , according to the custome of Martial Law , against such Souldiers or Sea-men , or other dissolute Persons , joining with them , as should commit any Murther , Robbery , Felony , Mutiny , or other Outrage or misdemeanour whatsoever ; and by such Summary Caurse and Orders as is agreeable to Martial Law , and as is used in Armies in time of Wars , to proceed to the Trials and condemnation 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 same 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 divers 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 Realm . 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 answer , or take such Oath , or to give attendance , or be confined or otherwise molested or disquieted concerning the same , or for resusal thereof ; And that no Freeman in any such manner as is before mentioned , be imprisoned or deteined ; And that your Majesty would be pleased to remove the said Souldiers , and Mariners , and that your People may not be so burthened in time to come ; And that the aforesaid Commission for proceeding by Martial Law may be revoked , and ●nulled ; 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 your Majesty would also be graciously pleased for the futher comfort , and safety of your People , to declare your Royal Will and pleasure , That in the things aforesaid , all your Officers and Ministers shall serve you , according to the Laws and Statutes of this Realm , as they tender the honor of your Majesty , and the Prosperitie of this Kingdome . To which Petition King Charles at last gave this full and satisfactory Answer : Soit droit fait come il est desire par le Petition : that is , Let All Right be done as it is desired by the Petition . To the unspekaable 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 , Petition , and of all the precedent Parliamentary Votes , Lawes ( with the present repealing , and vacating all Acts , Votes , Orders , Ordinances , Declarations , Resolutions , Iudgements , Instruments repugnant thereunto , as meerly void in Law , by the express Statutes of 25 E. 1. c. 2. 42 E. 3. c. 3. and the Petition of Right ) we all now jointly and severally claim as our undoubted Birth-rights , and as the Price , Crown , Trophy , Guerdon of all our late Parliamentary Counsels , expended Treasures , Bloudsheds , Wars , Victories , over the real or pretended Enemies of these our just Liberties , Franchises , Rights , Laws , and Introducers of an Arbitrary , and Tyrannicall Government repugnant thereunto ( wherein many thousands of the Nobility , Gentry and Commons of the realm of chiefest rank hazarded their estates , bloud , lives in the field , as well as the Army-Officers , to preserve and enjoy the forementioned fundamental Laws , Liberties , Rights and Properties ) which we hope no true-bred English Freeman or Swordman whatsoever can have the hearts or faces to deny unto us , against all their former Protestations , Remonstrances , Vows , Oaths , Covenants , Engagements , both to God and the English Nation , for fear of being made shorter by the head , as the most perfidious Traytors , or rolled into their graves in bloud by the over-oppressed enraged people , as the most insolent oppressing Tyrants , yea tumbled headlong into Hell flames for all eternity , Soul and Body , by God himself , as the most perjured execrable Hypocrites and Impostors that ever England bred . Gal. 5. 1 , 13 , 14 , 15. Stand fast therfore in the Liberty wherewith Christ hath made us free , and be not intangled again with the yoke of Bondage . For Brethren , ye have been called unto Liberty : only use not Liberty for an occasion to the flesh , but by love ferve 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 Plot , 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 Robert 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 Spirit 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 Iesuitica , p. 318 , 319 , 535. and other Evidences in my Epistle to A seasonable , Legal , and Historical 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 Anabap●ists 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 connaturalness , conveniency of the Laws of England to Englishmens tempers , is so fully expressed , demonstrated by Fortescue , in his Book De la●dibus Legum Angliae , Glanvill , Britton , and others of antient , and by Sir Iohn Davies in his Epistle to his Irish Reports , Sir Edward Cook in his Epistles to his Reports , Institutes , with others of later times ▪ by the very New Modellers of our old hereditary Kingdom , into a puny Free-State , in their Remonstrance of March 17. 1648. and by Mr. Iohn Pym , and Mr. Oliver Saint-John , in their late Parliamentary Speeches , printed by the Commons House special Orders ; that I shall not spend waste-paper to commend them , being the most excellent Laws of all others in the world , as they all unanimously resolve . I shall only adde to their Encomiums of them : That the extraordinary care , diligence of our Ancestors , and all our Parliamentary Councels in former ages , to maintain , preserve , defend and transmit to posterity those good old Laws we now do or should enjoy , with the last long Parliaments impeaching , beheading Strafford and Canterbury for Arch-traytors for endeavouring to subvert them with their innovations on the one side , and the late King and his Partisans on the other side , in above * * In the Collections of Ordinances , 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 transoendent excellency , utilility , preciousnesse , value , esteem , in the eyes of our Parliament and whole Nation : And a convincing Discovery of the Iesuitical Infatuation , folly , frenzy , treachery of those Swordmen and their Confederates , who now revile , traduce , and endeavour all they may , to reform , alter , subvert those very Laws , and Liberties which they were purposely commissioned , waged , engaged inviolably to defend , both by the Parliament , and People , and for which end they formerly professed , declared in many printed * * Printed 1647. Romonstrances of their own , they fought and hazarded their lives in the field ; yet now would conquer , and trample under feet , as if they had only fought against them and our hereditary Liberties confirmed by them . I must confess , there are some few Grievances , Abuses , not in the Theory , but Practice of our Laws ( introduced by dishonest Attorneys and Sollicitors for the most part ) fit to be redressed by the Iudges of the Law , ( as some of them have been upon complaint ) which I my self had many years since reformed ( as I told Mr. Shepheard upon his fore mentioned motion to me ) had not those Army-men violently pulled me with other Members out of the House ; and interrupted the settlement , peace , liberty , ease from taxes , excises , and good Government of the Kingdome , by a happy close with the late King , upon more safe and honourable terms of Freedom and happiness to the whole Nation and our Parliaments , than ever we can hope for from our New Governours or Sword-men ; to usurp the Soveraign Power of King and Parliament into their own hands , and perpetuate our Wars , Taxes , Excises , Armies , and Military Government upon us , from generation to generation , as experience now manifests beyond contradiction , not for the peoples safety , ease , wealth , tranquillity , as they then pretended : which people though they then cried up , * * January 1648. voted for the only Supreme Authority ; their free elections for the only Basis of all lawfull Magistracy , Power , in and over the Nation , and their safety as the Supreme Law ; yet now they imperiously trample upon as their conquered slaves , and both by their publike speeches , actions , proclaim to all the world , They now no more value them than they doe the very Acorns of the Swine , or dust of their feet , no further than they are subservient to their own aspiring designs , and selfish ends . For those few remaining Abuses in our Laws execution yet unredressed by former Laws , as they no waies concern the army , or army-Officers as Souldiers , being out of their calling , Commission , and fit only for Iudges , or Parliaments in their defaults , to redresse : So they concern not the generality of the People ( many thousands of them having no sute at Law in all their lives , and the most of them very rarely ) but for the most part only some Litigious , contentious persons , who out of their pride and animosity , occasion these abuses , and prolongatio●s of sutes in Law , which they and others complain against , and therefore are justly punished and rewarded by them ; the expensivenesse and tediousnesse of their Law sutes , being the best means to correct , cure their contentious malicious spirits : other sutes between peaceable persons being soon determined without any great expence , or length of time , if diligently prosecuted by honest Lawyers , Attorneys , and Sollicitors . But the Grievances these Martial Reformers of our Laws have introduced , under pretext of reforming some petty Abuses in the practice of the Law and Lawyers , are of a far more grievous , generall , and transcendent nature , subverting the very Fnndamental Laws and Liberties of the whole Nation ; and burthening them with two or three Millions of extraordinary Taxes , Expences every year , whereas all the abuses in the Law if rectified , amount not to above 5 or 6 thousand pounds a year at the most , and those volunt●rily expended by litigious persons , not exacted from , or imposed upon any against their Wills , as Taxes , Excises , Imposts , Tunnage and Poundage now are by the Souldiers , without Act of Parliament against our Laws . Which if redressed by the Swordmen now , is not out of any affection towards , or design to ease the People , but out of spleen to the Profession and Professors of the Law , and to increase the Peoples monthly Taxes to the Souldiers , and maintenance of their new war , to tenfold the value every year at least , to what they now expend in Law-sutes by reason of these abuses they would now redresse ; which will be nothing so grievous , expensive to the People , as those alterations they intend to make in our Laws and legal conveyances , which will but multiply Sutes , and draw all mens estates into future sequestration in few years space . There are four things specially provided for by our Fundamental Laws , and the original constitution of our Government , which principally concern all the Freemen of England in General , above all things else . 1. The Privileges and Fredome of their Parliaments and their Members . 2. The safety and liberty of their Persons . 3. The propriety of their Estates . 4. The Free course of Common Law , Right , Justice . All which our Army Reformers have lately violated in the highest degree , beyond the Presidents of the worst of former ages , against all Laws of God and the Land , their own Commissions , Trusts , Declarations , Protestations , Vowes , Leagues , Covenants , Engagements , without any colour of lawful Authority ; to the whole Nations intollerable Grievance , Injury , Oppression , Impoverishing , enslaving , and yet would be reputed the only just , upright , faithful , righteous , conscientious Protectors , Reformers of our Laws , Grievances , government , and Gods most precious Saints ; and all others meer Malignants or Disaffected persons to Liberty and Reformation , who oppose or dislike their proceedings , secluding them out of their New Parliaments as such , when elected most freely by the People . 1. For the Privileges , Freedom of Parliaments , and their Members , formerly held most sacred and inviolable , c c See the Epistle and Appendix to my Speech in Parliament , and the History of Independency . They have in their own and the Armies name , impeached , imprisoned , suspended from sitting , many Members of both Houses ; marched up professedly against them ; contrary to their Trusts , Commands , and the expresse Statutes of 5 R. 2. c. 4. 5. H. 4. c. 6. 8 H. 6. c. 1. 4 H. 8. c. 8. forced them to retract their own Orders , Votes , Ordinances ; eject , imprison their own Members , and Vote what they prescribed them . Since which they imprisoned , close imprisoned my self , with sundry other Members , in remote Castles , sundry years , without any cause , hearing , or recompence for this transcendent injustice ; And not content herewith , they contrary to both Houses Votes seised , impeached , abused , condemned , beheaded the late King , d d Cook 4 Instit. c. 1. & modus Teneadi Parliam . The head of the Parliament ; suppressed , abolished the whole House of Lords , the antientest , chiefest Members of it ; secured , secluded the greatest part of the Commons House ; and forcibly dissolved the Parliament it self by the Sword , without any writ , contrary to an expresse act of Parliament . And how they have disturbed , secluded , abused , dissipated , dishoused their own mock-Parliament , and their Members even in the like manner ; How they and their new Instruments have New-modelled that they now call our Parliaments ; how they have deprived many antient Burroughs , Cities , of their right of electing Burgesses , or of so many Burgesses as they ought , contrary to their Charters , and the expresse Statutes of 5 R. 2. c. 4. 1 H 5. c. 1. 32 H. 6. c. 15. 9 H. 8. c. 18 ; disabled many thousands of their Votes in Elections , who have Voices , and enabled others to be Electors who have no Votes by our Laws ; incorporated Scotish , and Irish Knights , Burgesses as Members into their late Parliaments , and interrupted the Freedom of Elections , by Letters , Menaces , armed Troops , Soldiers , and other indirect means , against the Statute of 3 E. 1. c. 5. the great Charter , and Constitutions , Laws , Rights , Privileges of our Parliaments ; ( to make what Persons and Number of their own creatures they please , a pretended Parliament , to bind our three Nations ( by colour of a void , illegal Instrument , made sodenly by a few Privadoes of their own in a corner ; having no more legal force to bind our three Nations or Parliaments , than a Fiddle-string , or the 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 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 the * * See the Epistle to my Speech in Parliament , p. 15 , 16. Parliaments of 4 E. 3. n. 1. 21 R. 2. cap. 12. 1 H. 4. rot . Parl. n. 21 , 22. 31 H. 6. c. 1. 3 Jac. c. 1 , 2. and in Chaloners and Tomkins case June 14. 1647. in the last Parliament of King Charles , A Collection of Ordinances , p. 200. to 206. but likewise by the Army Officers e e Their Remonstrance and Representation , Aug. 2. & 18. 1 & 7 Decem. 1647. Their Charge , June 14. 1647. themselves ; yea the very ground-work of all the uncapabilities , penalties , sequestrations , decimations , forfeitures , they have imposed on others for levying warre , and adhering unto the late King against the Parliament ; which they but mediately and indirectly opposed and warred against , but themselves immediately , actually , directly warred upon , seised , secured , dissolved , destroyed , against their Trusts , Commissions to defend both the Parliament and the Members of it from force and violence : and therefore are the * * Their Instrument of Government , 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-condemning Censures , Declarations , f f 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 Fundamental Laws , Statutes , the Petition of Right it self , and premised Votes in the Parliament of 3 Caroli , in New-created Military Courts of Iustice , impeached , condemned , executed not only the late King and sundry Nobles , but likewise Knights , Gentlemen , and other Freemen of all rancks , callings , without any lawfull Inditement or Tryal by their Peers , for offences not capital by our known Laws ; Forcibly apprehended by armed Troopers , the Persons of Parliament-men , Noblemen , and others of all sorts ; imprisoned , close-imprisoned them in remote Castles , under armed Guards , and translated them from one Castle to another , and my self amongst others , without any legall examination , accusation , hearing , or cause expressed ; banished some , and imprisoned others , ( yea some of their own Military-Officers , and greatest Friends ) in those forein Isles , 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 places ; impressed thousands for Land and Sea-services , and forein imployment ( as well Apprentices as others ) against their wills , and carried them away perforce to , and others from forein Plantations , to the Indies , where they have lost their limbs , lives , to the ruine of their families and Masters . Degraded all our Nobles without any lawfull cause or hearing , of all their personal , hereditary Powers , Trusts , Commands : Disfranchised , disofficed Judges , Justices , Recorders , Maiors , Aldermen , Common-council-men , Freemen , Servants , and many such very lately even by Major Generals , and their Deputies at their pleasures , taking far more Authority upon them now in all places in this and other kinds , than ever any Kings of England did , in late or former ages . And that which transcends all Presidents , imprisoning Lawyers themselves , as grand Traytors , and Delinquents in the Tower of London , only for arguing their Clients Cases , according to their Oaths , Duties , in defence of their Common Fundamental personal Liberty and property , when illegally committed for refusing to pay unjust Excises and Imposts , without Act of Parliament , in the late 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 Grandees , Swordmen , Souldiers , Committees , Excise-men , Major-Generals , their Deputies , or Deputy Deputies , who all imprison , dissranchise , oppresse men at their pleasures , ( which f f Fortescue c. 8. 1 H. 7. 46. 16 H. 6. Fitz. Monstran . 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 , worse than Turkish Thraldom , under these Grand Reformers of our Laws , and New-found Guardians of our Liberties , crying out aloud to Heaven and Earth for present redresse . 3. For the Propriety of their Estates ; so fenced , vindicated , secured by the forecited Parliamentary Votes , Acts , and Petition of Right ; alas ! what is become of it ? Have not these Sword-Reformers forcibly disseised , dis-inherited not only our Kings , Nobles , and other Officers of their Hereditary Honors , Dignities , Offices , Franchises , but likewise them , and thousands more , their Heirs , Successors , Wives , Children , Kinred , of their Palaces , Mannors , Houses , Lands , Possessions , Rents , Revenues , real and personal Estates , without any other Law or Title but ( that of Theeves and Pirates , Turks and * * See Purch . ● Pilgrinage Bo. 6. c. 6. & H●ylyns Microcosm . Mamalukes ) the longest Sword ? Against not only all Laws of the Land , but the very eighth and tenth Moral Commandements of God himself , now practically quite expunged out of their Decalogue ? And do not all else hold their Lands and Estates as Tenants at will , to these supream new Land-Lords , who upon any New coined Delinquency , or pretended plots , really sequester , or confiscate them at their pleasures by the self-same Law and Title ? Yea where as all our Kings in former ages took Aids and Subsidies from our Ancestors only as 1 1 Sec Bastals Tenths and taxes & all the the Acts for Subsidies , Tunage and Poundage . 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 an● Fiftoens of later daies , payable at sundry times , in divers years , for which our Kings returned them hearty thanks in their Answers to those Grants , and granted them New 2 2 Magna ●●arta c. 37 & 52 H. 3. ● . 5. 25 ● . 3. c. 1 , 2. c. 28 H. 8. c. 1. M●● . Paris Hist. Angliaep . 311. 355. 367. 421. 576. 624 688. 838. 833. 338. 940 , 941. 960. Confirmations of their Laws , Liberties and the Great 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 Laity , but by their several free Grants in full and free Parliaments , and Convocations of the Clergy , ( as all our Parliament Rolls , our imprinted Acts , Histories , and 3 3 4 Institut●s c. 1. p. 10 25●0 35. Sir Edward Cook 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 , imposts , tunnage , poundage , and other payments they please upon the w●ole Nation , without intermission ( which their new comodelled 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 pleasures 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 Land-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 taxes , wars , and forwant of well-guarding the Seas at home . And not content with these ordinary Monthly contributions , excises , imposts , have not these Refarmers , without any legal Trial , hearing , conviction of New Delinquency g g See my Gospel plea for the Ministers of the Gospel . ( oft endeavouring to take away all Ministers Tithes , though due unto them Jure divino , as well as by the Laws of the Land ) exacted the Tithes of all formerly sequestred persons , their heirs and Widows estates , improved according to the best improved valu , by a late Decimation , ( for which there is no divine nor human 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 its observance ; besides all our antient Laws , exempting them there from , yea notwithstanding this sacred Canon Ezech. 18. 20. The Son shall not bear the iniquity of the Father ; with this Maxim in our Law , Transgressio personalis moritur cum personâ ; when as yet many Sons , yea some Infants are merely decimated for their Fathers , and Wives Jointures , Dowe●s charged for their Husbands delinquencies ; 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-Masters , Scholars be thus smi●ten 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 , Chand●rrs , Arms and Ammuntion , though their stock , wa●es , trade , livelihood ) at their pleasures , upon every pretended plot , fear , jealousie ? Yea do not Souldiers , Excise-men and their agents break open , search , ransack mens Houses Studies , Trunks , Chests , both by day and night , and ' take away their Goods , Chattels , yea their Writings ' Records , Papers ( as they h h See my New Discovey of Free-state Ty●a●n● . did mine , ) at their pleasures ; against all Law , and many late Parliament 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 Servants , containing strange , unheard-of i i Adjudged illegal 1 E. 3. c. 15. and 1 E. 3. rot . 2 , 3 4. illegall Conditions , and forced them to pay , some 10 s. others 5 s. others 2 s. 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 omit all other extorted fees by Marshals , Lieutenants , Officers of the Tower , and others , from Prisoners ; by Souldiers for levying pretended arrears of Taxes , and of Excise-men , and their Instruments ? And are not these more grievous abuses , fit to be redressed , than any coruptions , excesses , fees in Lawyers , or our Laws ? No private Person or Lawyers can take one farthing from another against his will , nor do the least prejudice to his reall or personal estate against Law , but he may have present remedy for it . But these New Reformers , by Excises , Imposts , Contributions , Decimations , Sequestrations , and new-invented forfeitures , can forcibly extort , and levy some Millions of pounds from the whole Nation , every year , against their wills , all our Laws , yea strip whole families of their Inheritances , without any remedy by Law or otherwise : yet this must be no grievance or injustice at all in them , though the Highest Treason , and unpardonable crying offences , in Strafford , Canterbury , the old Council-Table , and beheaded King ; but a most righteous proceeding , necessary to be still pursued if not now established by a New Law , inabling them still to tax and poll us 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 Reform does of our Laws . Witness their unparalleld late Whitehall Ordinances , touching their illegal Excises : which not only indempnifie all Excisemen , and their Assistants against all actions ( k ) 4 Decemb. & 17 March , 1653. May 4. 1654 , &c. to be brought against them , or other molestations by all parties grieved ; but expresly requiring , injoyning 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 Levier of them , or imprisoner of refusers of them , under pain of being dis-Iudged , ( like Thorp , Nudigate , and Rolls of late ) or being committed to the Tower , as Mr. Maynard , Twisden , and Wadham Windham were , for arguing Coni●s case against these Whitehall Ordinances . A slavery worse than that of the l l See my second Demurrer to the Jews Remitter into England . English Iews of old ; To omit all former inforcements of well affected plundered persons and others , to release their Actions , Judgements , Executions against Cavaliers , Souldiers , and others , and to pay them dammages , and costs of ●ute besides , to their undoings , by their Councils of War , and Committees of Indemnity , of which there are hundreds of sad Presidents ; I shall only touch their new Major Generals , Captains , Lieutenants , and others late Abuses of this kind , in sending for Lawyers , Attornies , Sollicitors , Parties , by Souldiers and other Messengers , and forcing them by menaces , terror , and threatned imprisonments to release their Actions , Iudgements , Executions , and to referre all sutes depending in Courts of Equity or Iustice , to their own hearing and determination . Their examining , controlling , reversing Orders , Iudgements , Decrees , made not only by Iudges , Iustices , and others , in Courts of Law and Equity , but even by Committees of Parliament , and the Commons House it self : their sending for some persons in Custody who refused to attend them , upon references , and others sundry miles , and making them dance attendance on them from day to day upon bare Petitions and false suggestious of clamorous persons , after several Iudgements , Decrees in Courts of Iustice , Equity , Parliaments , and former references by the late King , seconded with many years quiet enjoyment , for lands recovered against them , to their intollerable expence and vexation . A preparative to ingrosse all Law and Iustice for the future into their own hands alone , and suppresse all Courts of Iustice , Iudges , as dull and uselesse tools , as some of late have stiled them . And are not these far heavier , sadder Grievances , abuses worthy redresse , than any these Reformers complain of in our Laws or Lawyers ? If our Sword-men imagin , their Victorious Successes will still bear them out in all these their illegal extravagances , against all Laws , Tribunals both of God and Men ; let them remember , that * * T●og●s Pom●etus , & Justin . Hist. l. 1. Hero●io●us , l. 1. ● . Diodorus Siculus , 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 continual 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 overthrow 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 temper fuisti . That * * Paterculus Hist. l. 2. & 3. Plutarch . in his Life . Pompey the Great , that glorious and famous Roman , after his Conquests of , and 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 , was yet at last conquered by Iulius Caesar his Corrival , and forced to fly into Egypt ; there taken and beheaded by a slave , and his carkass lef unburied on the sands , as a prey to the birds and beasts ; so that he who formerly wanted earth for him to conquer , now wanted earth to bury him ; such was the vicissitude of his fortune ( as Paterculus observes . ) And not long after this Great Conquerour * * Suetonius , Plutarch , Futropius , G●rimston , and o●hers in his L●fe . Caesar , was sodenly stabbed to death 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 humble and make them more just , righteous 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 , Ordinances , 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 sundry 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 reformed , as in former ages ; Their making Sectaries and illiterate Sword-men , and other persons of mean quality , who understand neither Law nor Iustice , their Iustices of Peace , and Committee men in sundry places , against former Statutes : Their imposing , administring Oaths to men without any Legal Commission or Law ( as every Sword-man 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 Tomes , if at large recorded , being worthy the consideration of the approaching Assembly , 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 , breache● of our distracted , discontented Nations ; which my skill in Chirurgery and Politicks , and the method of all former Parliaments assures me can never perfectly be healed and closed up , without danger of r●lapse & breaking out again with greater , pain , danger , violence , unless they be first searched , lanced , and laid open to the bottom , & then perfectly cleansed , and incarnated , without leaving any core or Corruption underneath . I have thereupon ( to gratifie Mr. Shepheard , and discharge my bounden duty to my Profession and Country ) thus briefly anatomized and laid them open to publike view , to the end they may ( through Gods blessing ) receive a speedy , sound and perfect , not superficial palliative Cure , without any other sinister design . Now the grand Physician both of Souls and States give so effectual a blessing and successe to these few leaves , that they may prove like the leaves of the tree of life , Rev. 22. ●2 . for the healing of the Nations ; That God may not now say of England , as he did once of Israel , Jer. 30. 13 , 14 , 15. Thy bruise is incurable , and thy wound is grievous , There is none to plead thy cause that thou maist be bound up : thou hast no healing medicins : All thy lovers have forgotten thee ; they seek thee not ; for I have wounded thee with the wound of an Enemy , with the chastisement of a cruel one , for the multitude of thine iniquities , because thy sins are encreased . FINIS . Notes, typically marginal, from the original text Notes for div A91291e-390 * Reformatio semper debet incipere in capite , et sic de-Gradu gradatim ad imuns . * At the end of the solemn League and Covenant , printed by both Houses orders by it self , and sent into all Counties : and in A Collection of Ordinances , p. 426 , 427 , 128. * See the Commons Remonstrance 15 Decemb. 1641. Exact Collection p. 4 , 5 , &c. Notes for div A91291e-1610 a 2 April 1628. * 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. 3. c. 18. 42 F. 3. c. 3. 2 H. 4. rot . Parl. n. 60. 69. The Petition of Right . 3 Caroli . b 4 April 1628. * Mag. Charta , 9 H. 3. c. 29. 35 Eliz. c. 2. 3 Jac. c. 5. Dal●ons Justice of Peace , c. 45. 9 H. 5. c. 8. c 7 May , 1628. 9 H. 3. c. 29. 5 E. 3. c. 9. 25 E. 3. c. 4. 28 E. 3. c. 3. t 5 E. 3. c. 1 , 2. 1 H. 4. rot . Parl. n. 43. 44 , &c. Petition of Right , 3 Caroli . See My Discovery of Free-state Tyranny , p. 39 40 , 41. † Petition of Right , 3 Caroli . d 4 April , 1628. * Mag : Charta , c. 30. 25 E. 1. c. 5 , 6. 34 E 1. D● Tallagio non concedendo , c. 1. 14 E. 3. stat . 1. c. 21. stat . 2. c. 1. 15 E. 3. 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. * See 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. 7 , 8. * Exact . Collect. p. 20 , 21 , 309. 326. e 25 Iune , 1628. * Mag. Charta , 9 H. 3. c. 20. 25 E. 1. c. 1. 6. 34 E. 1. c. 1 , 2. 14 E 3. stat . 1. c. 21 stat . 2. c. 1. 35 E. 3 stat . 2. c. 1. 15 E. 3. stat . 3. c. 5. 1 R. 3. c. 2. 2● E. 3. rot . Parl. n. 16. 36 E. 3. ro● . Parl. n. 26. Exact Coll. p. 382 , 383 , 884 , 857 , 858. f Exact Collection , p. 789 , 790 , &c. g 11 , 15 , 19 Iune 1628. h Exact Collection p. 885. 6. Mr. O : St. Iohns speech and Declaration concerning receiving ship-mony p. 13. 15. 16 , 19. See my Declaration and Protestation against the int●lerable extortion of Excise . * 1 E. 3. stat . 2. c. 5. 4 H. 4. c. 13 , 25 E. 3 c. 8. Exact Collection , p. 877 , 878 , 879 , 880. i Exact Col●ction , p. 389 , 390 , &c , 435 , 436 , 877 , 878 , 879 , &c. 387. 19 , 22 , 23 , 24 , 26 , 27 , 28 May 1628. * Exact Collect , p. 885. * Articuli super Chartas , cap. 4 20 , k 22 , 23 , 24 , 25 March , 1628. and sund●y daies after . * 52 H. 3. c. 5. 25 F. 1. c. 1 , 2 , 3. 28 E. 1. c. 1 , 2. 1 E. 3. Stat. 2. c. 1. 9. 2 E. 3. ● . 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. l 21 Junii , & 9 April 1628. a ●9 Martii 1627. b 6 H. 4. n. 8. 3 H. 4. n. 8 &c , 9 H. 4. n. 12 , 13 , &c. 11 H. 4. 1. 10 , 11 13 H. 4 , ● . 10. 11. Cook 4. Instit. p. 8. c 29 Martii 1628. d See my Plea for the Lords , p. 50 , 51 , 52. & 8 H. 6. n. 57. William Mildreds case , Burgess of London . e 3 & 5 Maii 16 8. * See My Pleasor the Lords , p. 6. f Exact Coll ction p. 34. to 57. 66 , 67. &c. g Jan. 1648. See the History of Independency . h 〈…〉 Lord 〈…〉 &c. i Mat. Paris Hist. Angliae , p. 247. See My Plea for the Lords , p. 5 , 6. Exact Collecton , p. 655 , 657 , 723 , 724 , 726 , 727. l Exact collection p. 724. * Artic. 27 , 28 , 29. n 12 , 13 May 1628. 28 May 1628. S●e Cooks 2 Institutes p 198 , 169. * Walsingham , Hist. Angliae , p. 414. Sir Edw. Cooks 2 Institut . s c. 1 : p. 10. * 7 H. 4. c. 15. * 29. & 3● . Maii , 1628. * See Cooks 11. Report , f. 84 , 85 , &c. See my humble Remonstrance against Ship mo●●y . p. 8. * 24 & 28 Martii . 2 & Ap●il . 10 Mai● &c. 1628. o Hovenden Annal : pars posterior p 700 to 736. Nubrigensis Hist. l. 4. c. 14 to 19. Godwin in his life p. 247 to 271. My new Discovery of Preesta●e Tyranny p. 77. &c. p See Tur●e 〈◊〉 Status & descriptio ●ugduni . 1634. q ( q ) See the Declaration of March 17. 1648. ●ith the sentence against him . * And now in more places the Souldiers have wholly withdrawn them both from our Churches and Ministers , See Mr. Edwards Gangr●na . * And are they not much more so now ? * Are they not now so more than ever ? * Are not many Souldiers now secretly such , & openly Anabaptists , Quakers , Sectaries , revilers of our Church , Ministers ? And are not some of their Commanders likewise such ?