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
Judgement against him Which was done accordingly To these cases of Privilege in the Commons House I shall adde another memorable one in the Lords House in the second Parliament of King Charls The King sitting that Parliament committed the Earl of Arundel to the Tower without leave of the House or acquainting the Lords with the cause thereof Whereupon May 25. 1626. the Lords drew up and sent this Remonstrance and Petition to the King entred in their Journal on record The humble Remonstrance and Petition of the Peers MAy it please your Majesty We the Peers of this your Realm now assembled in Parliament finding the Earl of Arundel absent from his place amongst us his presence was therefore called for But thereupon a Message was delivered us from your Majesty by the Lord Keeper That the Earl of Arundell was restrained for a misdemeanour which was personal to your Majesty and lay in the proper knowledge of your Majesty and had no relation to matter of Parliament The Message occasioned us to inquire into the Acts of our Ancestors and what in like cases they had done that so we might not erre in a dutifull respect to your Majesty and yet preserve our Right and Privilege of Parliament And after diligent search made both of all Stories Statutes and Records that might inform us in this case We find it to be an undoubted Right and constant Privilege of Parliament That no Lord of Parliament sitting the Parliament or within the usual times of Privilege of Parliament is to be imprisoned or restrained without Sentence or Order of the House unless it be for Treason or Felony or for refusing to give surety for the Peace And to satisfie our selves the better we have heard all that could be alleged by your Majesties learned Counsel at law that might any way infringe or weaken this claim of the Peers And to all that can be shewed or alleged so full satisfaction hath been given as that all the Peers in Parliament upon the Question made of this Privilege hath una voce consented that this is the undoubted Right of the Peers and hath inviolably béen enjoyed by them Wherefore we your Majesties loyal Subjects andâ—… humble Servants the whole Body of the Peers now in Parliament assembled most humbly beseech your Majesty that the Earl of Aruudel a Member of this Body may presently be admitted by your Gracious favour â—…o come sit and serve your Majesty and the Commonwealth in the Great Affairs of this Parliament And we shall pray c. Vpon this Remonstrance and Petition sent to the King the * Peers presently adjourned their house till the next morning by which time they expected the Earls release but not finding him enlarged the next day May 26. they presently adjourned their House till the 2. of June refusing to sit and resolving not to act any thing till the Earl waâ—… released to sit among them or the particular cause of his Commitment and seclusion declared to them that they might judge of its legality Whereupon the King was inforced to release him to satisfie the Lords House In imitation whereof the (f) whole House of Commons the last Parliament of King Charls upon the Kings comming into the House to demand the 5 Members he had impeached of High Treason January 4. 1641. which they Voted To be an high Breach of the Rights and Privilege of Parliament and inconsistent with the Freedom and Liberty thereof presently adjourned it self and so did the House of Peers too upon his demand of the Lord of Kimbolton refusing to sit as an House but only as a Committee in Loâ—…don for certain dayes till this breach of their Privilages was repaired and their 〈◊〉 restored vindicated cleared by the King who released all further prosecution against them From which Presidents in these Parliaments of King Charles it is observable 1. That it is an antient and undoubted Privilege andâ—… Right of all and every Mrmber of Parliament as well Commoner as Peer as likewise of their necessary Servants and Attendants to be free from all Arrests Imprisonments and restaints whatsoever by the King Council oâ—… any others except only in cases of Treason Felony and Breach Surety of the Peace which was then cleared by 5 H. 4. n. 39. 5 H. 4. c. 6. 8 H. 6. n. 57. 31 H. 6. n. 25 26 27 28. 39 H 6. n. 9. 7 E. 4. n. 36. 4 H. 8. c. 6. 3 Iacobi the Baron of Walâ—…ons case and Sir George Ha 〈…〉 case â—…Caroli to which the Presidents printed in Sir Edward Cooks 4 Institutes p. 24 25. and the Statute of 8 H. 6. c. 1. may be added which declares That the Great men and Commonally of the Realm of Englaud called or to be called to the Kings Parliament do enjoy and were wont to enjoy and in time to come ought to enjoy this liberty or defence in coming tarrying and retorning not to be arrested molested or inquieted and giâ—…es the same Liberty to the Clergy called to the Convocation by the Kings writs and to their Servants and Families Therefore the arresting imprisoning secluding molesting of any Members of late or present times by the Army Officers or others is a most apparent breach of this antient Privilege worthy the severest penalties and speedy reformation 2. That the ground and only reason of this Privilege is that all every member summoned to or elected and returned to serve in Parliament might duly freely and diligently attend his publike trust and service in the Parl. Without molestation restraint seclusion or disturbance as these Presidents Statutes and Records resolve which all and every of them are bound to doe under pain of being amerced sined and otherwayes punished and of losing their wages besides as is clear by the Statute of 5 R. 2. Parl. 2. c. 4. The King doth will and command and it is assented in the Parliament by the Prelates Lords and Commons that all and singularâ—… Persons and commonalties which from henceforth shall have the summons of Parliament shall come from henceforth to the Parliament in the manner as they be bounden to doe and have been accstomed within the Realm of England of old times And every person of the same Realm which from henceforth shall have the said summons be he Archbishop Bishop Abbot Prior Duke Earl Baron Baneret Knight of the Shire Citizen of City Burgesse of Borough or other singular Persâ—…n or Comminalty which doth absent himself or come not at the said Summons except he may reasonably and honestly excâ—…se himself to our Lord the King shall be amerced and otherwise punished as of old times hath used to be done within the said Realm in the said case c. As likewise by the Statutes of 1 H. 5. c. 1. 32 â—… 6. c. 15. 9 H. 8. c. 16. The Act for Triennial 〈◊〉 16 Caroli 31 H. 6. n. 45 46. 8 Martii 23 〈◊〉 Cooks 4 Institutes p. 1 2 4 9 10 15 17 23 24 35 42 to 50 and
not for the peoples safety ease wealth tranquillity as they then pretended which people though they then cried up * * January 1648. voted for the only Supreme Authority their free elections for the only Basis of all lawfull Magistracy Power in and over the Nation and their safity as the Supreme Law yet now they imperiously trample upon as their conquered slaves and both by their publike speeches actions proclaim to all the world They now no more value thâ—… than they doe the very Acornt of the Swine or dust of their feet no further than they are subservient to their own aspiring designs and selfish ends For those few remaining Abuses in our Laws execution yet unredressed by former Laws as they no waies concern the army or army-Officers as Souldiers being out of their calling Commission and fit only for Iudges or Parliaments in their defaults to redresse So they concern not the generality of the People many thousands of them having no sute at Law in all their lives and the most of them very rarely but foâ—… the most part only some Litigious contentious persons who out of their pride and animosity occasion these abuses and prolongations of sutes in Law which theyâ—… and others complain against and therefore are justly punished and rewarded by them the expensivenesse and â—…ediousnesse of their Law sutes being the best means to correct cure their contentious malicious spirits other sutes between peaceable persons being soon determined without any great expence or length of time if diligently prosecuted by honest Lawyers Attorneys and Sollicitors But the Grievances these Martial Reformers of our Laws have introduced under pretext of reforming some petty Abuses in the practice of the Law and Lawyers are of a far more grievous generall and transcendent nature subverting the very Fâ—…damental Laws and Liberties of the whole Nation and burthening them with two or three Millions of extraordinary Taxes Expences every year whereas all the abuses in the Law if rectified amount not to above 5 or 6 thousand pounds a year at the most and those voluntarily expended by litigious persons not exacted from or imposed upon any against their Wills as Taxes Excises Imposts Tunnage and Poundage now are by the Souldiers without Act of Parliament against our Laws Which if redressed by the Swordmen now is not ouâ—… of any affection towards or design to ease the People but out of spleen to the Profession and Professors of the Law and to increase the Peoples monthly Taxes to the Souldiers and maintenance of their new war to tenfold the value every year at least to what they now expend in Law-sutes by reason of these abuses they would now redresse which will be nothing so grievous expensive to the People as those alterations they intend to make in our Laws and legal conveyances which will but multiply Sutes and draw all mens estates into future seque â—…ration in few years space There are four thing specially provided for by our 〈◊〉 Laws and the original constitution ofâ—… our Government which principally concern all the Freemen of England in General above all things else 1. The Privileges and Fredome of their Parliaments and their Members 2. The safety and liberty of their Persons 3. The propriety of their Estates 4. The Free course of Common Law Right Juslice All which our Army Reformers have lately violated in the highest degree beyond the Presidents of the worst of former ages against all Laws of God and the Land their own Commissions Trusts Declarations Proâ—…estations Vowes Leagues Covenants Engagements without any colour of lawful Authority to the whole Nations intollerable Grievance Injury Oppression Impoverishing enslaving and yet would be reputed the only just upright faithful righteous conscientious Protectors Reformers of our Laws Grievances government and Gods most precious Saints and all others meeâ—…Malignants or Disaffected persons to Liberty and Reformation who oppose or dislike their proceedings secluding them out of their New Parliaments as such when elected most freely by the People 1. For the Privileges Freedom of Parliaments and their Members formerly held most sacred and inviolable (c) (c) See the Epistle and â—…ppendix to my Speech in Parliament and the History of Indâ—…pendency They have in their own and the Armies name impeached imprisoned suspended from sitting many Members of both Houses marched up professedly against them contrary to their Trusts Commands and the expresse Statutes of 5 R. 2. c. 4. 5 H. 4. c. 6. 8 H. 6. c. 1. 4 H. 8. c. 8. forced them to retract their own Orders Votes Ordinances eject imprison their own Members and Vote what they prescribed them Since which they imprisoned close imprisoned my self with sundry other Members in remote Castles sundry years without any cause hearing or recompenceâ—… for this transcendent injustice And not content herewith they contrary to both Houses Votes seised impeached abused condemned beheaded the late King (d) (d) Cook 4 〈◊〉 c. 1. modus 〈◊〉 Parliam The head of the Parliament suppressed abolished the whole House of Lords the antientest chiefest Members of it secured secluded the greatest part of the Commons House and forcibly dissolved the Parliament it self by the Sword without any writ contrary to an expresse act of Parliament And how they have disturbed secluded abused dissipated dishoused their own mock-Parliament and their Members even in the like manner How they and their new Instruments have New-modelled that they now call our Parliaments how they have deprived many antient Burroughs Cities of their right of electing Burgesses or of so many Burgesses as they ought contrary to their Charters and the expresse Statutes of 5 R. 2. c. 4. 1 H 5. c. 1. 32 H. 6. c. 15. 9 H. 8. c. 18 disabled many thousands of their Votes in Elections who have Voices and enabled others to be Electors who have no Votes by our Laws incorporated Scotish and Irish Knights Burgesses as Members into their late Parliaments and interrupted the Freedom of Elections by Letters Menaces armed Troops Soldiers and other indirect means against the Statute of 3 E. 1. c. 5. the great Charter and Constitutions Laws Rights Privileges of our Parliaments to make what Persons and Number of their own creatures they please a pretended Parliament to bind our three Nations by colour of a void illegal Instrument made sodenly by a few Privadoes of their own in a corner having no more legal force to bind our three Nations or Parliaments than a Fiddle-string or the new Cords wherewith the uncircumcised Philistines by their treacherous Dalilah bound Sampson of old which he brake from off his arms like a threed Judg. 16. 12. All which is so well known to themselves and others that I shall not insist any furtherâ—… thereon And are not all and every of these far greater abuses of more general important concernment to the whole Nation than any they would now reform or declaim against in our Laws or Lawyers fit now to be redressed being adjudged no
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
expences for their preservation and all sacred solemn Protestations Vows Leagues Covenants Declarations Remonstrances and Ordinances engaging us with our lives and fortunes constantly to defend them all the daies of our lives against all oppositioâ—… And if any who pretend to the Name or power of a Parliament should now refuse or neglect to do their duties herein they may justly expect to be had in perpetual detestation and execration both with God and all English Freemen XII It was frequently averred declared (k) by the Commons in this Parliament That the old custome and use of our Parliaments constantly hath been and ought to be to debate redress all publick grievances and re-establish secure their violated * Great Charter Laws Rights and Liberties in the first place of all before they debated or granted any aides or subsidies demanded of them shough never so pressing or necessary it beâ—…ng both dangerous imprudent and a breach of their trusts towards the people who elected them to play an After-game for their Liberties Laws and Grievances which would never be effectually redressed after subsidies once granted VVhereupon they refused to pass the Bill of Subsidies then granted till the Petition of Right was fiâ—…st assented unto enrolled and their Grievances redressed by the King XIII They cast Sir Edmund Sawyer a Member of the Commons House out of it upon solemn Debate (l) committed him Prisoner to the Tower and perpetually disabled him to serve in Parliament for the future for having a chief hand in making a Book of Rates for Tunnage and Poundag and laying imposiiontâ—… on the Subject in nature of a Projector without grant or Act of Parliament And likewise suspended Mr. John Baber then Recorder and Burgesse of Welle only for making a Warrant to billet Souldiers on some of the Townsmen against the Law and Subjects Liberty out of of fear Resolving that all Projectors and Promoters of illegal impositions Taxes 〈◊〉 Projects out of base fear which Mr. Baber or by regal ' command which Sir Edmund Sawyer pleaded for his excuse were unfit to sit or vote in any English Parliament and fit to be turned out thence by judicial sentence with greatest Insamy And whether any such be fit to be Members at any other season let those whom it concerns determine XIV In this Parliament of 3 Carâ—…li the (a) Speaker in the close of his first Speech to the King according to (b) usual custome in former ages prayed 3 Privileges in behalf of every Member of the Commons House the first whereof was That for the better attending the publick and important services of the House all and every Member thereof and their necessary attendants may be free both in Person and in Goods from all Arrests and troubles according to their antient Privileges and immunities Which the King then readily granted them all according to the true Rights and Privileges of Parliament By the mouth of the Lord Keeper (c) After which Sir Edward Cook arguing against the King and his Councils power to commit men only by special command without any legal cause expressed in the Warrant in the House used this expression This concerneth not only the Commonalty but the Lords and therefore it deserveth to be spoken of in Parliament because this might dissolve the Parliament and this House for we may be then all one after another thus committed 31 H. 6. rot Parl. n. 26 27. (d) No Member of Parliament can be arrested but for Felony Treason or Peace And all here may be committed under thefe pretences and then where is the Parliament Surely the Lordâ—… will be glad of this iâ—… concerns them as well as us (e) Not long after the Common House being informed that Sir Robert Staâ—…hop a Member there of was committed by the Lords of the Council thereupon the House in whose power it was either to send an Habeas Corpus or their Sergeant with his Mace for any Member committed as was resolved the last Parliament before this together with the cause thereof ordered That their Sergeant should go with his Mace and bring Sir Robert Stanhop with his Keeper and the Warraut for his commitment into the House the next morning they sate Who accordingly brought him with the Marshal of the Houshold and the Warrant wherein it was declared That his commitment was by the Lords of the Council for breach of the peace and refusing to give Suretiet for the Peace upon a challenge and a Duel intended by him as the truth of the Case appeared Whereupon the House were of opinion That standing committed for his real breach of the peace and refusing to give Sureties he could not have his Privileges without giving good security in the Kings Bench to keep the peace ' And Mr. â—…anshaw alleging That in such cafâ—…s some Members by order of the House had entred into Recognizances in the Kings Bench in former times to keep the Peâ—…ce a Committee was ordered to search out the Presidents and consider of the Case But the quarrel being soon after taken up thereupon the Lords released Sir Robert without Sureties to attend the service of the House On the 28 of April 1627 Sir Simon Steward a Member of the Commons House being served with a Sub poena ad audiendum judicium out of the Star-chamber at the suâ—…e of the Kings Attorâ—…y upon a Bill there exhibited against him for sundry misdemeanours complained thereof to the House and shewed that he had beenâ—… inticed to enter into a Bond and Recognizance of 500 l. not to claim any privilege of Parliament The House upon solemn debate hereof April 20. resolved That Sir Simon notwithstanding this Bond and Recognizance should have his Privilege allowed him because he was elected by and served for others and could not make a Proxy and because else the House might thereby be deprived of his attendance by his Censure Yea this Recognisance with the Condition thereof not to claim his Privilege were held to be void and against the Law And by order of the House the pâ—…rty who served the Subpoena on Sir Simon Steward was sent for as a Delinquent and Sir Simon commanded to attend the service of the House and not the hearing of the cause Vpon this on the 10th of May the Inhabitants of the Isle of Ely exhibited a Petition against Sir Simon to the House complaining that they had exhibited an Information against him in Starchamber for taking bribes about pressing of Souldiers as a Deputy Lieutenant and defrauding the Country about the Kings composition which cause was ready for hearing Petitioning the House that he might wave his privilege having enâ—…red into a Bond of 500 l. not to claim it But it was resolved upon debate That the Commons House was Judge of any offence done by the Members of it And thereupon ordered That a Committee should examine the Witnesses and other proofs of the Charge against him and so this House to proceed to
my Plea for the Lords which you may consult at leisure Therefore no member duly summoned or elected may or ought to be arrested secluded or suspended the Parliament by any Persons or Powers whatsoever upon any pretext or new devised Instrument but only by the House and Parliament it self without the highest injustice affront to the Parliâ—…ment Member and the people who elect him 3. That the Parliament alone during its sitting and no other person or powers whatsoever is and ought to bâ—… the sole Iudge of the due elections offences fiâ—…nesse ejection seclusion suspension imprisonment of the Members of Parliament And that no Member in cases of Treason Felony or Breach of Peace ought to be taken away or detained from the service of the House whereof he is a Member until that House hath satisfaction concerning the truth of the fact and grounds of the Accusation â—… which it is bound to examine and then to proceed against him themselves if it be proper for the Parliament or to suffer him after to be proceeded against elsewhere as resolved in the Presidents of Sir Edmund Sawyer Mr. Baber Sir Simon Steward Sir Robert Stanhop the Earl of Arundel the Lord of Kinbolton and 5 â—…mpeached Members forecited of late By sundry antient Presidents in my Plea for the Lords p. 33 to 54. My Ardua Regni and Levellers Levelled Cooks 4 Instâ—…tutes p. 23 24 c. And â—…xpresly declared by the Lords and Commons in their printed Declaration Octob. 23. and Remonstrance Novemb. 2. 1â—…42 Exact Collection p. 655 657 723 724 726 727. Wherefore for any persons or Powers out of Parliament to arrest o seclude any Member duly summoned or elected by the People especially without before or against the judgement of the Parliament or withont rendring any reason thereof to the Parliament and People who elect them is the highest usurpation over and affront to the Soveraign jurisdiction of Parliaments that possibly can be devised yea an erection of a supream new Power both over Parliaments themselves and their Members and great injustice to the People lately (g) voted the Soveraign Power and only fountain of all lawfull Authority in the Nation 4. That the Parliaments of England in all former ages have been very diligent vigilant zealous resolute couragious in maintaining these their antient undoubted Privileges of their Members and the Houses of Parliament against the least incroachment or violation not suffering so much as one or two of their Members at any time especially in the Parliaments of King Charles to be imprisoned or restrained from the Parliament for any real ar pretended causes without present demanding of him or them and examining the grounds of their restraints adjorning their Houses and refusing to sit or act tilâ—â— till their Members were restored righted and their Privileges repaired And that upon these four grounds worthy special observation 1. Because our Parliaments in former times were constantly adjourned from the day of their first appearance till a further time when any of the Lords Knights and Burgesses by reason of shortness of time other publike imployments or default of the Sheriffs returns were absent and did not appear to make up a full Parliament upon the first day of the Summons which I have proved by 30 Parliaments Presidents and Records (h) elsewhere cited in the reignes of King Henry 3. Edward the 3. Richard 3. and Henry the 4th to which some others might be added to prevent the danger of acting any thing in a thin or packed House 2. Because the undue seclusion of any Members duly elected by force or combination especially when others unduly or not at all elected by the people were returned and admitted as Members hath nullified maâ—…e void and repâ—…aled all the Acts and Proceedings of former Parliaments thus fraudulently packed for sinister private ends as being no Parliaments at all in law or truth but a packed Conventicle and Confederacy as the printed Statutes of 21 R. 2. c. 12. â—… H. 4. c. 3. and rot. Parl. 1 H. 4. n. 22 23. 38. 48. 66. 70. 38 H. 6. n. 35. 39 H. 6. c. 1. 17 E. 4. c. 7. And the Statutes of 10 H. 7. c. 23. made in Ireland will resolve the perusers of them being over-tedious to transcribe 3. Because else the King and his Council or others might as well summon what Nobles Counties Cities Boroughs they pleased to the Parliament and omit whom else they pleased out of the Summons without any Writs directed to them and seclude or admit whom they pleased when summoned elected returned to serve in Parliament contrary to the (i) Great Charter of King John and the Statute of 5 R. 2. c. 4 â—… which expresly provâ—…de That all the 〈◊〉 Citizens Bâ—…gesses 〈◊〉 and 〈◊〉 shall be Summonâ—… to every Parliament And if any Sheriff of the Realm be from henceforth negligent in making his returns oâ—… Writs of the Parliament or that he leave out of the said Returns any Cities or Boroughs which be bound or were of old time wont to come to the Parliament he shall be 〈◊〉 or otherwise punishâ—…d iâ—… the mannâ—…r as was accustomed to be done in the said casâ—… iâ—… imâ—…s past They being all to be summoned as formerly ex debito Justiciae as Sir Edward Cook resolves in his 4th Institutes p. 1. printed by the Commonâ—… House speciâ—…l Order else the Parliament will be Void and Null as the Statute of 10 H. 7. â—… a 3. for Ireland declares resolving the Patent of Drogheda to be void upon this reason 4. Because as both Houses of Parliament resolved in their k Declaration of October 23. and Remonstrance Novemb. â—… 1642. published in print to all out 3. Kingdomâ—… and the World penned and assented to by some Grandeâ—…s in present power 〈◊〉 King or â—…ny prevailing party whatsoever might else at any timâ—… secludo and pull out of the House of Parliament all such Members as they sound 〈◊〉 and opposite to their 〈◊〉 Makâ—… whom and how many Members they pleased a Major part to carry on tâ—…eir designes and thereby destroy the whole Body of the Parliament by pulling out the principal Members and pull up their Privileges by the roots A treachery injury innovation not to be tollerated or connived at in the least Degree after so many Protestations Vowes Solemn Leagues Covenâ—… Declaratioâ—… Remonstrances both by the Parliament and Army and so many years bloudy Wars for defenâ—… of the Rights and Privileges of Parliament I shall therefore close up this particular with the memorable words of Lordâ—… and Commons forenamed Remonstraâ—… which I desire all Swordmen the whole Nation and those especially who were then Members to take special notiâ—…e of (l) This Privilege of the Members seclusion from the House and arrests fore mentioned is so clear and essential a Privilege of Parliament that the whole Freedome of Parliament depends upon it For who sees not that by this means under false pretences of Crimes and Accusations