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cause_n	act_n	king_n	power_n	1,570	5	4.9458	4	false

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

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

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

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