without cause shewed Nor any compelled to receive Souldiers or Mariners into their Houses against their wills Nor any man adjudged to death by Martial Law in times of Peace but only by the lawful trial of his 〈◊〉 according to the established Lawes and Custom of the Realm This addition would make the Sense and Construction thereof to be That the King by his Ordinary power and Prerogative could impose no Loan Tax Tallage or other things upon his Subjects without their common consent by Act of Parliament Nor imprison any Freeman without cause shewed Nor billet any Souldiers or Mariners in mens Houses against their wills Nor condemn nor execute any Subject by Martial Law But yet by his Soveraign power wherewith he is intâ—…usted for the Protection Safety and Happinesse of his people here left intirely to him he may when he saw cause and necessity impose what Loans Taxes Impositions and Charges he pleased on his people without common consentâ—… and Act of Parliament imprison them without cause shewed quarter Mariners and Souldiers in their houses against their wills and condemn execute them by Martial Law upon this pretext that it was for the Protection Safety and Happinesse of his people in general All which himself and his Council not the Judges and our Laws must determine And so this Addition if admitted would quite overturn the Petition it self thâ—… Great Charter and all other Acts recited in it and give an intimation to Posterity as if it were the opinion of the Lords and Commons in this Parliament that there is a trust reposed in the King upon some emergent cases and necessities to lay aside as well the Common Law as the Great Charter and other Statutes which declare and ratifie the Subjects Liberty and Property by his Soveraign power And so by consequence to enable him to alter the whole frame and fabriâ—…k of the Commonwealth and dissolve that Government whereby this Kingdom hath flourished for so many year under his Majesties most royal Predecessors Whereas in truth there is in the King no Soveraign Power or Prerogative royal to enable him to dispute with or take from his Subjects that Birthright and Inheritance which they have in their Liberties by virtue of the Common Law and these Statutes which are meerly positive and declarative conferring or confirming ipso facto an inherent Right and Interest of Liberty and Freedom in the Subjects of this Realm as a Birthright and Inheritance descended to them from their Auncestors and descendible to their Heirs and Posterity But the Soveraign power wherewith he is intrusted is only for the protection safety and happinesse of his people in preserving this their inherent Birthright and Inheritance of Liberty and Freedom and those Lawes and Statutes which ratifie and declare them Uponâ—… these and other reasons alleged by the Commons the Lords after three large Conferences agreed fully with the Commons and rejected this destructive 〈◊〉 to the Petition of Right which the Lords and Commons in their * Declaration touching the Commission of Array January 16. 1642. to which many now in power were parties recite insist on and corroborated in Parliament as an undoubted truth If then the King by his absolute Soveraign power wherewith he was intrusted could upon no emergent occasion or 〈◊〉 whatsoever violate elude evade subvert all or any of these fundamental Laws Liberties Rights and Inheritances of the Subject by the joynt unanimous resolution of the Lords and Commons in these two Parliaments of King Charles much lesse then may any other Person or Persons or new Powers do it who condemned him for a Tyrant and suppressed Kingship as tyrannical over burdensome dangerous to the peoples Liberties Safety Prosperity upon any real or pretended Necessity or Emergency whatsoever Much lesse may any true English Parliament permit or enable them upon any pretence to do it in the least degree to the prejudice of 〈◊〉 after so many publick Parliamentary and Military conflicts for these Laws and Liberties The rather because that our Noble Ancestors would admit no Saving or Addition to the Great Charter or any 〈◊〉 for its confirmation that might any wayes impeach their Liberties Rights or Proprieties And when King Edward the 1. in the 28 year of his reign upon the Petition of the Lords and 〈◊〉 granted a New Confirmation of their Charters and in the * close thereof added this Clause Salvo 〈◊〉 Coronae Regis That the right and prerogative of his Crown should be saved to him in all things Which the Lords most insisted on to justify the forementioned rejected Addition to the Petition of Right when it came to be proclamed in London the peopleâ—… hearing this Clause at the end thereof added by the King fell into execration for that Addition and the great Earls who went away satisfied out of Parliament hearing thereof went to the King and complained thereof who promised to redress it as Mr. Selden then informed the Commons house out of a Leiger Book of that year in the publike Library of the Vniversity of Cambridge Whereupon in the Statute De Tallagio non concedendo 34 E. 1. the King to please his discontented Lords and Commons not only granted That no Tallage or Ayd should be taken or levied by us or our heirs in our Realm without the good will and assent of the Archbishop Bishops 〈◊〉 Barons Knights Burgesses and other Freemen of the Land c. 1. But likewise added c. 4. We will and grant for us and our Heirs That all Clerks and Lay-men of our Lvnd shall have their Laws Liberties and Free Customes as they have used to have the same at any time when they had them best And if any Statutes have been made by us or our Ancestors or any Customs brought in contrary to them We will and grant That such 〈◊〉 of Statutes and Customs shall be void and frustrate for evermore Yea King Edward the 3. in pursuance thereof in the Parliament of 42 E. 3. c. 1. assented and accorded That the Great Charter and Charter of the Forest be holden and kept in all points And if any Statute be made to the contrary that shall be holden for none And 〈◊〉 3 It is assented and accorded for the good Government of the Commons that no man be put to answer without Present 〈◊〉 before Justices or matter of Record or by due Process and writ original according to the old Law of the Land And if any thing from henceforth be done to the contrary it shall be void in the Law and holden for Errour And therefore we all jointly and severally expect and claim the like Declaration and Resolution in all these particulars being assented to by King Charls himself in the Petitionâ—… of Right and by these antient Warlike Kings and true English Parliaments from whose vigilancy magninamity unaminity zeal courage in defence of theâ—…e our fundamental Charters Laws Rights Liberties we should now be ashamed to degenerate after so many years wars and vast
your Privy Counsel against the Laws and free Customs of the Realm And whereas also by the Statute called the Great Charter of the Liberties of England it is declared and enacted That no Free-man may be taken or imprisoned or be disseised of his Freehold or Liberties or free Customs â—… or be out lawed or exiled or in any manner dâ—…stroyed nor passed upon nor condemned but by the lawfull Iudgement of his Peers or by the Law of thâ—… Land And in the 28 year of King Edward the 3. it was enacted and declared by an Authority of Parliament that no man of what State or condition soever shall be put out of his Lands or Tenements nor taken nor imprisoued nor disinherited nor put to death without being brought to answer by due process of Law Neverthelesse against the Tenor of the said Statutes and other the good Laws and Statutes of your Realm to that end provided divers of your Subjects have of late been imprisoned without any cause shewed and when for their deliverance they were brought before your Justices by your Majesties writs of Habeas Corpus there to undergo and receive as the Court should order and the Keepers commanded to certifie the causes of their deteiner no cause was certified but that they were deteined by your Majesties special command signified by the Lâ—…rds of your Privy Council And yet were returned back to several Prisons without being charged with any thing towhich they might make answer according to Law And whereas of late great companies of Souldiers and Mariners have been dispersed into divers Counties of the Realm and the Inhabitants againâ—…t their Wills have been compelled to receive them into their Houses and there to suffer them to 〈◊〉 against the Laws and Customes of this Realm to the great Grievance and Vexation of the people And whereas also by authority of Parliament in the 25 year of King Edward the third it was declared and enacted That 〈◊〉 man should â—…e forejudged of life or limbs against the form of the Great Charer And by other the Laws and Statutes of this Realm No man ought to be adjudged to death but by the Laws established in this your Realm either by thâ—… Customes of the same Realm or by Act of Parliameâ—…t And whereas no Offender of what kind soever is exempted from the proceedings to to be used and punishments to be infflicted by the Laws and Statutes of this your Realm Neverthelesse of late time divers Commissions under your Majesties Great Seal have issued forth by which certain Persons have been assigned and appointed Commissioners with Power and Authority to proceed within the Land according to the custome of Martial Law against such Souldiers or Sea-men or other dissolute Persons joining with them as should commit any Murther Robbery Felony Mutiny or other Outrage or misdemeanour whatsoever and by such Summary Caurse and Orders as is agreeable to Martial Law and as is used in Aâ—…mies in timâ—… of Wars to proceed to the Trials and condemnaâ—…ion of such Offenders and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have been by some of your Majesties Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the 〈◊〉 Laws and Statutes also they might and by no other ought to be judged and executed And also sundry grievous Offenders by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that dâ—…vers of your Officers and Ministers of Justice have unjustly refused or forborn to proceed against such Offenders according to the same Laws and Statutes upon pretence that the said Offenders were punishable only by Martial Law and by Authority of such Commissions as aforesaid Which Commissions and all other of like nature extended to any except Souldiers or Mariners or to be executed in time of Peace or when or where your Majesties Army is not on foot are wholly and directly contrary to the said Laws and Statutes of this your Realâ—… They do therefore humbly pray your most excellent Majesty that none hereafter be compelled to make or yield any gift Loan Benevolence Tax or such like charge without common consent by Act of Parliament And that none be called to make auswer or take such Oath â—…r to give attendance or be confined or other wise molested or disquâ—…eted concerning the same or for refusal thereof And that no Freeman in any such manner as is before mentioned be imprisoned or deteined And that your Majesty would be pleased to remove the said Souldiers and Mariners and that your People may not be so burthened in time to come And that the aforesaid Commission for proceeding by Martial Law may be revoked and anulled And that hereafter no Commission of like nature may issue forth to any Person or Persons whatsoever to be executed as aforesaid lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and franchises of the Land All which they humbly pray of your most excellent Majesty as their Rights of Liberties according to the Laws and Statutes of this Realm And that your Majesty would also vouchsafe to declare that the awards doings and proceedings to the prejudice of your People in any of the premises shall not be drawn hereafter in consequence or example And that yonr Majesty would also be graciously pleased for the futher comfort and safety of your People to declare your Royal Will and pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Reâ—…lm as they tender the honor of your Majesty and the Prosperitie of this Kingdome To which Petition King Charles at last gave this full and satisfactory Answer Soit droit â—…ait come il est desire par le Petition that is Let All Right be done as it is desired by the Petition To the unspekaâ—…ble joy of this Parliament and all his Subjects Adding withall thereunto I assure you my Maxim is That the Peoples Liberties strengthen the Kings Prerogative and that the Kings Prerogative is to defend the Peoples Liberties The benefit of which most excellent Law 〈◊〉 and of all the precedent Parliamentary Votes Lawes with the present repealing and vacating all Acts Votes Orders Ordinances Declarations Resolutions Iudgements Instruments repugnant thereunto as meerly void in Law by the express Statutes of 25 E. 1. c. 2. 42 E. 3. c. 3. and the Petition of Right we all now jointly and severally claim as our undoubted Birth-rights and as the Price Crown Trophy Guerdon of all our late Parliamentary Counsels expended Treasures Bloudsheds Wars Victories over the real or pretended Enemies of these our just Liberties Franchises Rights Laws and Introducers of an Arbitrary and Tyrannicall Government repugnant thereunto wherein many thousands of the Nobility
the Peace in their respective Circuits Counties Corporations and the Justices of the Kings Bench every Term amongst other Articles to the Grand Iury to give them in charge upon their Oaths diligently to inquire of and present all Offences Exactions Oppressions Taxes Imposts and 〈◊〉 whatsoever against the Great Charter the Petition of Right and other Good Lawes for the preservation of the Liberty Right and Property of the Subject by any person or persons to the end that they may be exemplarily punished according to Law by Fines Imprisonments or otherwise as theâ—… quantity and quality of the Offences deserve It being the * Advice Desire Proposition and Petition of the whole Commons house first and after of the Lords and Commons house joyntly to King Charles in his last Parliament to which he readily assented though never since put into actual execution which is now most necessary to be effectually accomplished for the future having been so long neglected After these Votes and the Petition of Right passed several Impositions upon Wines Currans Tobacco Beer and the taking of Tonnage and Poundage without Act of Parliament being complained of it was by special Votes and Declarations of the Commons House resolved and declared in the same Parliament 8. (e) That the receiving of Tunnage and Poundage and other Impositions not granted by Parliament it * a breach of the fundamental Libberties of this 〈◊〉 and contrary to his Majesties Regal answer to the Petition of Right And those declared Publick Enemies who should thenceforth collect or pay any Customes Tunnage Poundage or Imposts not granted by act of Parliament which was since enacted and declared for Law in the (f) two 〈◊〉 acts for Tunnage and Poundage in the last Parliament of King Charles and all those in a Premunire and disablea to sue in any Court of Justice who shall presume to levy the same without Act of Parliament The case of all Customers Excisemen and their Instruments at this present fit to be made presidents in this kind for the terror of others 9. A Commission from the King under the Great Seal of England directed to 33 Lords and privy Counsellors dated the last of Febr. 3 Caroli stiled (g) a Commission of Excise was complained of and brought into the Commons House and there read which commanded them to 〈◊〉 〈◊〉 by Impositions or otherwise as they in their wisdoms should find convenient forâ—… the safety and defence of the King Kingdom and People the Kings Protestant Friends and Allies which without hazard of all could admit no delay the necessity being so inevitable that form and circumstances must rather be dispensed with than substance lost Injoyning the Commissioners to be diligent in the service as they tendred the safety of his Majesty and of his People Dominions and Allies This Commission of Excise by the unanimous Vote and judgement of the Lords and Commons was resolved to be against Law and contrary to the Petition of Right And thereupon was cancelled as such in his Majesties presence by his own command and was brought cancelled to the Lords House by 〈◊〉 Lord Keeper and by them afterwards sent to the Commons and the Warrant with all 〈◊〉 of it were cancelled and ordered by the Commons that the Prejector of it should be found out and punished Which judgement (h) was thrice recited confirmed and insisted on by the Lords and Commons and some in greatest present power the last Parliament of King 〈◊〉 in printed Speeches and Declarations And if this intended Commission of Excise though never 〈◊〉 was thus frequently damned as 〈◊〉 intollerable and monstrous Grievance against our Laws Properties and the Petition of Right How much more are all present Orders Commissions Warrants for the actual imposing and levying all sorts of Excises on such without any act of 〈◊〉 X. The Commons House in that Parliament upon solemn Argument and Debate concluded That by the Laws of th is Realm none of his Majesties Subjects ought to be impressed or compelled to goe forth of his County to serve as a Souldier in the Wars except in case of necessity of the sudden comming in of strange Enemies into the Kingdom or except they 〈◊〉 otherwaies bound by the Tenures of their Lands or possessions Nor 〈◊〉 sent out of the Realm against his Will upon any foreinâ—… imployment by way of an honorable banishment Which Resolution in the last Parliament of King Charles was 〈◊〉 and declared to be the Law of the Land and fundamental Liberty of the Subject by the (i) Act for impressing Souldiers for Ireland by two D clarations of the Lords and Commons against the Commission of array and assented to by the King in his answer thereunto All which unanimous Votes Resolutions of both Houses having been 〈◊〉 ratified in two several Parliaments in King Charles his Reign whereof some in present Power were Members and enacted by several Statutes assented to by King Charles himself it must needs be the extremity of Impudency Tyranny Treachery Impiety Perjury Barbarism for any who have formerly contested with him in our Parliaments or in the open field for all or any of these premised Fundamental Rights and Liberties of all English Freemen and who vowed protested covenanted remonstrated again and again before God and all the World inviolably faithfully constantly to defend them with their Lives and Fortunes all their daies in their several places and callings and who beheaded him as the Greatest 〈◊〉 together with Strafford and C 〈◊〉 for infringing them to oppose contradict violate 〈◊〉 infringe them all in a more transcendent publike manner than he or his worst Ministers formerly have done and now not really chearfully to corroborate defend transmit them to posterity in full vigor by all good wayes and corroborations that possibly can be devised without the least opposition and dispute to make the Nation free and their own posterity together with it XI After the Petition of Right had passed the Commons House and was transmitted to the Lords the House of Lords desired that this Clause might be addedâ—… to the close thereof We humbly present this Petition to your Majesty not only with a Care of Preservation of our own Liberties but with a due regard to leave intire that Soveraign Power where with your Majesty is trusted for the Protection Safety and Happinesse of your People The Commons aâ—…ter a long and full Debate resolved That this Saving ouâ—…ht to be rejected and by no means to be added to this Petition though very Specious in shew and words for that it would be destructive to the whole Petition and would leave the Subjects in farre worse condition than it found them For whereas the Petition recites That by the Great Charter and other Laws and Statutes of this Land No Loan Tax Tallage or other Charge ought to be imposed on the Subjects or levyed without common consent by Act of Parliament Nor any Freeman of this Realm imprisoned
〈◊〉 〈◊〉 〈◊〉 〈◊〉 Subsâ—… Tunage and 〈◊〉 as their free Gifts and Grants in Parliament and that in moderate proportions to wit one Fifteen Tenth or Subsidy and no more in antient times and but two or three Subsidies and Fiâ—…s of later daies payable at sundry times in divers years for which our Kings returned them hearty thanks in their Answers to those Grants and granted them New (2) (2) 〈◊〉 〈◊〉 c. 37 52 H. 3. â—…5 25 E. 3. c. 1 2. c. 28 H. 8. c. 1. 〈◊〉 Paâ—…is Hist. Angliâ—… 311. 355. 36â—… 421. 576. 624. 688. 838. 833. 338. 940 941. 960. Confirmations of their Laws Liber â—…ies and the Grâ—…t Charter when violated together with beneficial General Pardons in recompence of these their Aids and Subsidies though for publick uses and defence which they never claimed nor imposed in the Clergy or 〈◊〉 but by their several free Grants in full and free Parliaments and Convocations of the Clergy as all our Parliament Rolls our imprinted Acts Histories and (3) (3) 4 〈◊〉 c. 1. p. 〈◊〉 25 to 35. Sir Edward Coâ—…k at large inform us Do not these our New Military Reforming Soveraigns as if they were more than Kings without any free gift grant or Act of Parliament in a full and free Parliamentary Assembly by their own New usurped Power without any thanks at all to the People or confirmation of their violated Laws Liberties Privilges or general Pardons against all former Acts and Parliamentary Votes impose both on the Clergy and Laity against their Wills beyond all Presidents of former ages what excessive heavy monthly Taxe s Excises impoâ—…s tunnage poundage and other payments they please upon the whole Nâ—…tion without intermission which their new-modelled Parliaments themselves must nor alter nor controll by the 27 28 29 Articles of their Instrument and levy them by armed Souldiers Violence imprisonments quartering and other great penalties fines inflicted on the Refusers of them and dispose of them at their pleasùres when levied without giving any account thereof to the Nation yea force them to pay their contributions some months before they grow due when no Lâ—…nd lord can receive his Rents nor Creditor his debts to pay these Taxes till at or after the time they become due And all to enslave impoverish the Nation to carry on new Wars without consent of Parliament and gain new Conquests abroad whiles in the mean time our Merchants are robbed undone our trading decayed by these taxeâ—… warâ—… and for want of well-guarding the Seas at home And not content with these ordinâ—…ry Monthly coâ—…tributions excises imports have not these Refarmers without any legâ—…l Trial hearing conviction of New Delinquency (g) (g) See my Gospel plea for the Ministers of the Gospel oft endeavouring to take away all Ministers Tithes though due unto them Jure divino as well aâ—… by the Laws of the Land exacted the 〈◊〉 of all formerly sequestred persons their heirs and Widowsâ—… estates improv'd according to the best improv'd value by a late Decimation for which there is no divine nor â—…uman Law or Right notwithstanding all former compositions Pardons under Seal Articles of War their own Act of Oblivion their late instrument of Government and oath for 〈◊〉 observance besides all our anâ—…ient Laws exempting them there from yea notwithstanding this sacred Canon Ezech. 18. 20. The Son shall not bâ—…ar the iniquity of the Father with this Maxim in our Law Transgressio personalis moritur cum persona when as yet many Sons yea some Infants are merely decimated 〈◊〉 their Fathers and Wives 〈◊〉 Dowers charged for their Husbands 〈◊〉 Nay which is yet more barbarous illegal hundreds of Orthodox able godly learned Protestant Ministers of our Church without any hearing or crime at all for their former expiated pardoned mistake in being addicted to the late Kings party are not only turned out of all their livings lectures fellowships schools at once but likewise prohibited to preach teach School in publike or private or to be entertained as Chaplains in private Houses to support themselves wives children or to administer the Sacrament or mary any under pain of imprisonment banishment And may not all our other Protestant Orthodox Ministers School Mastâ—…rs Scholars be thus 〈◊〉 down and suppressed at once by the like club-law and justice of which this President is a very sad presage Moreover do not these Reformers seise mens Horses Arms Swords fouling birding pieces yea the very Armorets Chandlâ—…rs Arms and Ammuntion though their stock wares trade livelihood at their pleasures upon every pretended plot fear jealousie Yea do not Souldieâ—…s Excise-men and their agents break open search ransack mens Housâ—…s Studies Trunks Chests both by day and night anâ—… take away their Goods Chattels yea their Writâ—…ngs ' Records Papers as they (h) (h) See my Nâ—…w Discovery of 〈◊〉 〈◊〉 did mine â—…t thâ—…ir pleasures against all Law and many late Parliamentâ—… Votes Nay have not they forced thousands of all sorts to enter into great penal Bonds of late with sureties both for themselves and all their Servâ—…nts containing strange unheard-of (i) (i) Adjudged illegal 1 â—… 3. c. 15. and 1 E. 3. 〈◊〉 2 3 4. illegall Conditions and forced them to pay some 10â—… others 5 â—… others 2 â—… 6 d. for every Bond an unparalleld oppression though many of them not worth so much under pain of Imprisonment sequestration and banishment in case of refusal to â—…mit all other extorted fees by Marshals Lieutenants Officers of the Tower and others â—…rom Prisoners by Souldiers for levying pretended arrears of Taxes and of Exâ—…ise-men and their Instruments And are not these more grievous abuses fit to be redressed than any coruptions excesses fees in Lawyers or our Laws No private Person or Lawyers can take one farthing from another against his will nor do the least prejudice to his reall or personal estate against Law but he may have present remedy for it But these New Reformers by Excises Imposts Contributions Decimations Sequestrations and new-invented forfeitures can forcibly extort and levy some Millions of pounds from the whole Nation every year against their wills all our Laws yea strip whole families of their Inheritances without any remedy by Law or otherwise yet this must be no grievance or injustice at all in them though the Highest Treason and unpardonable crying offences in Strafford Canterbury the old Council-Table and beheaded King but a most righteous proceeding necessary to be still pursued if not now established by a New Law inabling them still to tax and pollus at their pleasures without any future Parliaments or redresse 4. For the free course of the Common Law Right and Justice according to Magna Charta c. 29. We will deny nor deferre to no man Iustice or Right It was never so much obstructed in any age by any persons as by these new Reformadoes of our Laws Witness their unparalleld late Whitehall Ordinances touching their illegal Excises which not only indempnifieâ—…
DEMOPHILOS OR THE ASSERTOR OF THE Peoples Liberty PLAINLY Demonstrating by the Principles even of Nature it self and by the Primitive Constitutions of all Governments since the Creation of the World That the very Essence and the Fundamental of all Governments and Laws was meerly the safety of the People and the 〈…〉 ancement of their Rights anâ—… 〈…〉 erties To which is added 〈◊〉 General Consent of all Parliaments in the 〈◊〉 and the Concurrence of threescore and two 〈◊〉 since first this Island was visible in earnest and 〈…〉 merce with other Nations hath been 〈◊〉 〈◊〉 〈◊〉 and Neglect By William Prynne 〈◊〉 Bencher of Lincolns-Inne LOâ—…DON Printed for Francis 〈◊〉 in the Old-Baily 1658. To the imprejudiced Reader BEing importunately solicited by Mr. VVilliam Shepheard a Lawyer specially imployed by some Swordmen and Grandees at VVhitehall from whence he came to visit me at my Study in Lincolns Inne within two daies after their resolution to call a new Assembly at VVestminster â—…herewith he acquainted me to regulate the abuses in the execution of our Laws that I would consider of such abuses of this Nature as I had observed for him to present to that Assembly to be reformed by them being one chief end of their meeting which I then informed him I had no time to do being ready to take my Journey into the Country and that Sir Iohn Davis in his Epistle to his Irish Reports had written so much in justification of our Laws as would satisfie and silence all soldiers and others that ignorantly censured them He thereupon desired me at my vacant times to consider of this his motion in the Country for the publick good Which I â—…nce calling to mind and considering that in the Parâ—…iament of 5 R. 2 〈◊〉 Parl. n. 17 18. it was the reâ—…olution both of the Commons and Lords 〈◊〉 redress of their publick Grievances and oppressioâ—…s * that Reformation 〈◊〉 ought to begin in the Head and so gradually from the Highest 〈◊〉 to the Feet and that it will be bothâ—… bootlesse impolitick and ridiculous for any publick or private State-Physicians or Reformers to spend their time and pains only to cure some small scratches or cuts in the toes or fingers or breaches in the tyles or seeling of our State and Laws as some Mountebancks and Pseudo-politicians now do and in the mean time to overpasse neglect if not increase dilate the large deadly wounds in the very Head Heart Vital Parts and most dangerous Breaches Underminings in their very Foundations which threaten present death and suddain Ruine to the whole Body of our State Laws Nation if not speedily healed repaired with all possible care and diligence by the most skillfall Artists and Philopaters sufficiently qualified for such a desperate difficult publick cure Repair and with sincere self-denying publick spirits couragiously addressing themselves with all their skill might to this necessary Heroick work And withall observing that there can be no health ease rest quiet but perpetual pain languishing consumption torture decay in the Body politick of our Nation as in the Body nâ—…tural so long as there is any dislocation fraction convulsion wound malady in the Bones Nerves Arteries or chief Parts and members thereof And then remembring that serious Protestation and solemn League and Covenant which I my self â—…ll members of the late Parliament most Persons in late power and the generality of all the well-affected people to publick Laws Liberty Justice Religion in our three Kingdomes 〈◊〉 long since took in the presence of the most High God Angels and Men with hands liâ—…tedâ—… up to Heaven and then subscribed with those hands That they shall with sincerity reality and constancy in their several Vocations endeavour with their Estates and lives mutually to preserve the Rights Privileges Laws and Liberties of the Parliaments and Kingdomes of England Scotland and Ireland c. And in this common cause of Liberty and peace of the Kingdomes assist and defend all those that enter into this League and Covenant in the maintaining and pursuing therâ—…of and not suffer themselves directly or indirectly by whatsoever combination perswasion or terror to be divided or withdrawn from this blessed union c. but shall all the daies of their lives zealously and constantly continue therein against all opposition and promote the same according to their power c. which Solemn League and Covenant I find subscribed in * print by VVilliam Lenthal Speaker Robert Nicholas Gilbert Pickering Oliver Cromwell Philip L. Lisle VVilliam Ellis Oliver Saint-John Miles Corbet John Lisle Francis Rous Nathaniel Fyennes Edmund Prideaux John Glynn Bulstrode VVhitelocke Edward Montagu and others in greatest present power and imployments whom I desire now to remember and perform the same effectually as they shall answer the contrary at that great day when the secrets of all hearts shall be disclosed according to those their printed subscriptions thereof for all the good ends therein prescribed Iâ—… thereupon apprehended I could not perform a more seasonable acceptable or beneficial service to my naaive Country in pursuance of the Protestation â—…nd solemn League and Covenant lying still as sacred Bonds upon my conscience that to draw up this summary Collection of the principal fundamental hereditary Rights Liberties Properties of all English Freemen both in relation to their Persons Estates and free-Elections most mortally wounded more dangerously under-mined shaken subverted by force and fraud of late years since our Parliamentary and Military contests for their defence to the vast effusion of our Treasures and Blood by some who were most deeply engaged in their Protection and preservation than in the very worst of former ages under our late or antient Kings in every particular branch And of the several memorable Votes Resolutions Declarations and Acts of Parliament for their Vindication and Corroboration in the happy Parliament of 3 Caroli remembred and ratified likewise in the last Parliament of King Charles as the most soveraign Balm the most effectual materials prepared applyed by the lâ—…arnedest skilfullest wisest State-Physicians and Builders in those Parliaments to heal and close up the mortal wounds the perilous Breaches our late Kings * Jesuitical arbitrary tyrannical ill-counsellors and other Viperous self-seeking projectors had formerly made in them to the impoverishing oppressing enslaving of the People and endangering the utter subversion both of our Fundamental Laws Liberties Properties â—… Government Parliaments Kingdomes Religion now in a more desperate deplorable condition than ever unless speedily revived by the fresh application of these healing Cordials reunited repaired supported with these sementing Ingredients by some expert active Chirurgians and Master-builders to whom I humbly recommend them as a brief Corollary to the first and second part of my seasonable legal and Historical Vindication and Collection of the good old fundamental Liberties Franchises Rights Laws of all English Freemen till God shall enable me to compleat the remaining parts thereof in their Chronological series of time the best
Legacy I can leave behind me to my Native Country and the whole English Nation whose real Liberty VVeal Tranquillity Prosperity next to Gods glory and the safety of our endangered Church and Religion hath been the sole scope end of this and all other his publications who though ingratefully despitefully requited for most of them would repute it his greatest infelicity to be enforced or hear other Cordial State-Physicians compelled now at last to say of England as Gods people once did of Babylon Jer. 51. 8 9 10. Babylon is suddenly fallen and destroyed howle for her take balm for her pain If so be she may be healed VVe would have healed Babylon but she is not healed forsake her and let us go every one into his own Country for her judgment reacheth unto Heaven â—… and is lifted up even to the Skies Yet the Lord hath brought forth our righteousnesse as he hath maugre all Enemies Oppositions Slanders the righteousnesse of him who desires thy kind acceptation of this Breviary and prayers for Gods blessing upon this and all other his real endeavours for sick desperately-wounded Englands cure Swainswick Septemb. 6. 1656. William Pâ—…nne A Summary Collection of the principal fundamental Rights Liberties Properties of all English-Freemen c. THe Liberty of the Subjects Persons having in the three first years of our late King Charles his Reign been very much invaded endangered undermined 1. By Imprisonment of their Persons by the Lords of the Council without any special Legal cause assigned in the Warrants for their commitment but only the Kings command 1. By honorable banishments upon pretence of forein imployments 3. By confinements to particular places 4. By remanding and not bayling them by the Judges upon Habeas Corpora sued forth by them 5. By Commissions for Trials of Souldiers and others for their live by Martial Law in times of peace when other Courts of Justice were open and the like The properties of their Goods and Estatâ—…s being likewise much encroached upon and in a great measure subverted 1 By forced Loans and contributions 2. By Lieutenants and Deputy-Lieutenants exorbiâ—… Powers and new rates taxes imposed on and forced from them without grant in Parliament for billeting Souldiers and quartering Souldiers in mens Housesâ—… against their wills till they paid those rates 3. By exacting Tunnage Poundage New customes and impositions without special grant and act of Parliament 4. By an intended Commission of Excise never put in execution and other particulars of like nature And the Liberty of their Free-elections much impeached by Lieutenants and others Letters menaces summoning of trained Bands to elections and the like indirect courses Whereupon the Parliament begun on Monday 17 Martil 3 Caroli in the year of our Lord 1627 to vindicate these their infringed Liberties properties freedomes and preserve them from future violations of this nature after many learned Arguments by Sir Edward Cook Mr. Noy Mr. Selden Mr. Littleton Mr. Masen Mr. Creswel Mr. Shervile Mr. Sherland Mr. Bancks Mr. Rolls Mr. Ball with other Lawyers and able Members of the Commons House passed their 〈◊〉 Votes against them Nemine centradicente fit now to be revived re-established after more dangerous avowed publick Violations of our hereditary Fundamental Liberties Properties by the greatest pretended Military and civil Champions for and Patrons Assertors and Protectors of them than any in former ages as the probablest means under God then and now to cure the mortal distempers and repair the sad divisions 〈◊〉 desolation of our Land (a) Resolved upon the Question 1. That * no Freemau ought to be committed deteined in Prison or otherwise restrained by command of the King or privy Council or any other unless 〈◊〉 cause of the commitment restraint or deteiner be expressed for which by Law he ought to be committed deteined or restrained 2. That a Writ of Habeas Corpus may not be denied but ought to be granted to every man that is committed or deteined in Prison or otherwise restrained â—… although it be by command of the King or Prioy Councill or any other he praying the same 3. That if a Freeman be committed or deteined in Prison or otherwise 〈◊〉 by command of the King or Privy Council or any other no cause of such commitment deteiner or restraint being expressed forthwith for which by Law he ought to be committed restreined or detained and the same being returned 〈◊〉 an Habeas Corpus granted for the same party that then he ought to be delivered or bayled 4. (b) That no Freeman ought to be confined to his House or any other place by any commaud of the King or Privy Council or any other unless it be by * Act of Parliament or by other due course or Warrant of Law 5. (c) That the Commission for martial Law and all other of such nature to be executed within the Land at such times as were appointed by this Commission then questioned to wit in times of peace when the Kings Courts of Law were open and other Legal trials might be had by Juries in Courts of Iustice are against the Law 6. That †billetting and placing of Souldiers or any other person in the House of any Freeman against his will is against the Law 7. (d) That it is the * antient and undoubted Right of every Freeman that he hath a full and absolute propriety in his goods and Estate And that no taxes Tallages loan bonevolence or other charge ought to be commanded imposed or levyed by the King or his Ministers without commou consent by Act of Parliament All which Votes were drawn up and inserted intoâ—… the Petition of Right assented to by the Lords and at last by the King himself in his Answer to that petition as the antient Fundamental Rights and Liberties of all English Freemen And therefore after all our late Parliamentary and Military contests wars for their defence fit to be confirmed ratified by all sorts of Domestick waies and policies by which the great Charter was * antiently confirmed and all violations of them exemplarily punished without any further argument or debate being indisputable principles and foundations whereon all our Liberties Properties as English Freemen are bottomed To which end I would advise that all Civil and Military Officers whatsoever as well Supreme as subordinate all Members of Parliament Barresters Attornies Graduates in our Universities Steward of Leets and Court Barons throughout 〈◊〉 Dominions should from time to time upon and at their investitures into their several Offices Trusts or taking their Degrees be corporally sworn To defend and maintain the Great Charter of England the Petition of Right and other Fundamental Lawes of this Land together with the antient undoubted Rights and Liberties of our English Parliaments according to their late Protestation and Solemn League and Covenant And that all Justices of 〈◊〉 Judges and Justices of the Peace should specially be sworn at every Assizes and Sessions of