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A56154 Demophilos, or, The assertor of the peoples liberty plainly demonstrating by the principles even of nature itself, and by the primitive constitutions of all governments since the creation of the world that the very essence and the fundamentals of all governments and laws was meerly the safety of the people, and the advancement of their rights and liberties, to which is added the general consent of all Parliaments in the nation, and the concurrence of threescore and two kings since first this island was visible in earnest, and by commerce with other nations, hath been refined from fable and neglect / by William Prynne ...; Summary collection of the principal fundamental rights, liberties, proprieties of all English freemen Prynne, William, 1600-1669. 1658 (1658) Wing P3943; ESTC R5727 47,915 74

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without cause shewed Nor any compelled to receive Souldiers or Mariners into their Houses against their wills Nor any man adjudged to death by Martial Law in times of Peace but only by the lawful trial of his 〈◊〉 according to the established Lawes and Custom of the Realm This addition would make the Sense and Construction thereof to be That the King by his Ordinary power and Prerogative could impose no Loan Tax Tallage or other things upon his Subjects without their common consent by Act of Parliament Nor imprison any Freeman without cause shewed Nor billet any Souldiers or Mariners in mens Houses against their wills Nor condemn nor execute any Subject by Martial Law But yet by his Soveraign power wherewith he is int●…usted for the Protection Safety and Happinesse of his people here left intirely to him he may when he saw cause and necessity impose what Loans Taxes Impositions and Charges he pleased on his people without common consent●… and Act of Parliament imprison them without cause shewed quarter Mariners and Souldiers in their houses against their wills and condemn execute them by Martial Law upon this pretext that it was for the Protection Safety and Happinesse of his people in general All which himself and his Council not the Judges and our Laws must determine And so this Addition if admitted would quite overturn the Petition it self th●… Great Charter and all other Acts recited in it and give an intimation to Posterity as if it were the opinion of the Lords and Commons in this Parliament that there is a trust reposed in the King upon some emergent cases and necessities to lay aside as well the Common Law as the Great Charter and other Statutes which declare and ratifie the Subjects Liberty and Property by his Soveraign power And so by consequence to enable him to alter the whole frame and fabri●…k of the Commonwealth and dissolve that Government whereby this Kingdom hath flourished for so many year under his Majesties most royal Predecessors Whereas in truth there is in the King no Soveraign Power or Prerogative royal to enable him to dispute with or take from his Subjects that Birthright and Inheritance which they have in their Liberties by virtue of the Common Law and these Statutes which are meerly positive and declarative conferring or confirming ipso facto an inherent Right and Interest of Liberty and Freedom in the Subjects of this Realm as a Birthright and Inheritance descended to them from their Auncestors and descendible to their Heirs and Posterity But the Soveraign power wherewith he is intrusted is only for the protection safety and happinesse of his people in preserving this their inherent Birthright and Inheritance of Liberty and Freedom and those Lawes and Statutes which ratifie and declare them Upon●… 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 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 satisfied out of Parliament hearing thereof went to the King and complained thereof who promised to redress it as Mr. Selden then informed the Commons house out of a Leiger Book of that year in the publike Library of the Vniversity of Cambridge Whereupon in the Statute De Tallagio non concedendo 34 E. 1. the King to please his discontented Lords and Commons not only granted That no Tallage or Ayd should be taken or levied by us or our heirs in our Realm without the good will and assent of the Archbishop Bishops 〈◊〉 Barons Knights Burgesses and other Freemen of the Land c. 1. But likewise added c. 4. We will and grant for us and our Heirs That all Clerks and Lay-men of our Lvnd shall have their Laws Liberties and Free Customes as they have used to have the same at any time when they had them best And if any Statutes have been made by us or our Ancestors or any Customs brought in contrary to them We will and grant That such 〈◊〉 of Statutes and Customs shall be void and frustrate for evermore Yea King Edward the 3. in pursuance thereof in the Parliament of 42 E. 3. c. 1. assented and accorded That the Great Charter and Charter of the Forest be holden and kept in all points And if any Statute be made to the contrary that shall be holden for none And 〈◊〉 3 It is assented and accorded for the good Government of the Commons that no man be put to answer without Present 〈◊〉 before Justices or matter of Record or by due Process and writ original according to the old Law of the Land And if any thing from henceforth be done to the contrary it shall be void in the Law and holden for Errour And therefore we all jointly and severally expect and claim the like Declaration and Resolution in all these particulars being assented to by King Charls himself in the Petition●… of Right and by these antient Warlike Kings and true English Parliaments from whose vigilancy magninamity unaminity zeal courage in defence of the●…e our fundamental Charters Laws Rights Liberties we should now be ashamed to degenerate after so many years wars and vast
your Privy Counsel against the Laws and free Customs of the Realm And whereas also by the Statute called the Great Charter of the Liberties of England it is declared and enacted That no Free-man may be taken or imprisoned or be disseised of his Freehold or Liberties or free Customs ●… or be out lawed or exiled or in any manner d●…stroyed nor passed upon nor condemned but by the lawfull Iudgement of his Peers or by the Law of th●… Land And in the 28 year of King Edward the 3. it was enacted and declared by an Authority of Parliament that no man of what State or condition soever shall be put out of his Lands or Tenements nor taken nor imprisoued nor disinherited nor put to death without being brought to answer by due process of Law Neverthelesse against the Tenor of the said Statutes and other the good Laws and Statutes of your Realm to that end provided divers of your Subjects have of late been imprisoned without any cause shewed and when for their deliverance they were brought before your Justices by your Majesties writs of Habeas Corpus there to undergo and receive as the Court should order and the Keepers commanded to certifie the causes of their deteiner no cause was certified but that they were deteined by your Majesties special command signified by the L●…rds of your Privy Council And yet were returned back to several Prisons without being charged with any thing towhich they might make answer according to Law And whereas of late great companies of Souldiers and Mariners have been dispersed into divers Counties of the Realm and the Inhabitants again●…t their Wills have been compelled to receive them into their Houses and there to suffer them to 〈◊〉 against the Laws and Customes of this Realm to the great Grievance and Vexation of the people And whereas also by authority of Parliament in the 25 year of King Edward the third it was declared and enacted That 〈◊〉 man should ●…e forejudged of life or limbs against the form of the Great Charer And by other the Laws and Statutes of this Realm No man ought to be adjudged to death but by the Laws established in this your Realm either by th●… Customes of the same Realm or by Act of Parliame●…t 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 A●…mies in tim●… of Wars to proceed to the Trials and condemna●…ion of such Offenders and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have been by some of your Majesties Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the 〈◊〉 Laws and Statutes also they might and by no other ought to be judged and executed And also sundry grievous Offenders by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that d●…vers of your Officers and Ministers of Justice have unjustly refused or forborn to proceed against such Offenders according to the same Laws and Statutes upon pretence that the said Offenders were punishable only by Martial Law and by Authority of such Commissions as aforesaid Which Commissions and all other of like nature extended to any except Souldiers or Mariners or to be executed in time of Peace or when or where your Majesties Army is not on foot are wholly and directly contrary to the said Laws and Statutes of this your Real●… They do therefore humbly pray your most excellent Majesty that none hereafter be compelled to make or yield any gift Loan Benevolence Tax or such like charge without common consent by Act of Parliament And that none be called to make auswer or take such Oath ●…r to give attendance or be confined or other wise molested or disqu●…eted concerning the same or for refusal thereof And that no Freeman in any such manner as is before mentioned be imprisoned or deteined And that your Majesty would be pleased to remove the said Souldiers and Mariners and that your People may not be so burthened in time to 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 Re●…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 ●…ait come il est desire par le Petition that is Let All Right be done as it is desired by the Petition To the unspeka●…ble joy of this Parliament and all his Subjects Adding withall thereunto I assure you my Maxim is That the Peoples Liberties strengthen the Kings Prerogative and that the Kings Prerogative is to defend the Peoples Liberties The benefit of which most excellent Law 〈◊〉 and of all the precedent Parliamentary Votes Lawes with the present repealing and vacating all Acts Votes Orders Ordinances Declarations Resolutions Iudgements Instruments repugnant thereunto as meerly void in Law by the express Statutes of 25 E. 1. c. 2. 42 E. 3. c. 3. and the Petition of Right we all now jointly and severally claim as our undoubted 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
I pretermit the particulars whereof would amount to many Baronian Tom●…s if at large recorded being worthy the consideration of the approaching Asse●…bly if not of reformation Which Assembly being purposely called as these Army Officers and Major Generals report and some Whitehall Letters import for the reformation of our Laws and for the healing and closing up of the wounds breaches of our distracted discontent●…d Nations which my skill in Chirurgery and Politicks and the method of all former Pa●…liaments allu●…es me can never perfectly be healed and closed up without danger of ●…pse breaking out again with great●…r pain danger violence unless they be first sea●…ched lanced and laid open to the bot●…om then perfectly cleansed and incarnated without leaving any 〈◊〉 Corruption underneath I have thereupon to gratifie Mr. S●…heard and discharge my bounden duty to my Profession and Country thus 〈◊〉 anatomized and ●…d them open to pu●… like view to the end they may th●…ough Gods blessing r●…ceive a speedy sound and persect not superficial palliative C●… without any other si●…ster design Now the grand 〈◊〉 bo●… of Souls and States g●…ve so 〈◊〉 a blessing and successe to these few leaves that they may prove like the leaves of the 〈◊〉 of life Rev. 22. 2. for the ●…aling of the Nations That God may not now say of England as he did once of Israel 〈◊〉 30. 13 14 15. Thy bruise is incurable and thy wound is gri●…vous The●…e is none to plead thy cause that thou maist be bound up tho●… 〈◊〉 no heal●…ng medicins All thy lovers have forgotten 〈◊〉 they seek 〈◊〉 ●…ot for I have wounded thee with the wound of on Enemy with the chastisement of a cruel one for the multitude of thine iniquities because thy sins are encreased FINIS * Reformalio 〈◊〉 d bet 〈◊〉 in ca pite et sic 〈◊〉 Gradu gradatim ad imum * At the end of the solemn League and Covenant printed by b●…th Houses orde●…s by it self and sent into all Counties and in A Collection of Ordinances p. 426 427 128. * See the commons Remonstrance 15 Decemb. 1641. Exact collection p. 4 5 c. (a) 2 April 1628. * See the great Charter of King John Mat. Paris p. 248. Magna Charta 9 H. 3. c. 29. 5 E. 3. c. 9. 25 E. 3. c. 4 28 E. 3. c. 3. 37 E. 〈◊〉 c. 18. 42 〈◊〉 3. c. 3. 2 H. 4. 〈◊〉 Parl. 〈◊〉 60. 69. The Petition of Right 3 Caroli (b) 4 April 1628. * Mag. Charta 9 H. 3. c. 29. 35 Eliz. c. 2. 3 Jac. c. 5. Daltons Justice of Peace c. 45. 〈◊〉 H. 5. c. 8. (c) 7 May 1628. 9 H. 〈◊〉 3. c. 29. 5 E. 3. c. 9. 25 E. 3. c. 4. 28 E. 3. c. 3. 15 E. 3. c. 1 2 1 H. 4. rot Parl. n. 43. 44 c. 〈◊〉 of Right 3 Caroli See My Discovery of Free-state Tyranny p. 39 40 41. † Petition of Right 3 Caroli (d) 4 April 1628. * Mag Charta c. 30. 25 E. 1. c. 5 6. 34 E. 1. De Tallagio non concedendo c. 1. 14 E. 3. stat 1. c. 21. stat 2. c. 1. 15 E. stat 3. c. 5. 27 E 3. stat 2. c. 2. 38 E. 3. c. 2. 1 R. 3. c. 2. 21 E. 3. rot Parl. n. 16. 25 E. 3. rot Parl. n. 16. 36 E. 3. rot Parl. n. 26. 45 E. 3. rot Parl n. 26. 1 H. 4. rot Parl. n. 32. 43. 11 H. 4. rot Parl. n. 50. * See rot Par. 17 Iohannis 22 23 24. dors Mat. Paris p. 243 to 255. 305 to 312. 838 839. 878. 890. 892. 938 940 941 960. 25 E. 1. c. 1. c. 28 E. 1. c. 1. Claus. 28 E. 1. m. 〈◊〉 8. * Exact 〈◊〉 p. 20 21 309. 326. (e) 25 Iune 1628. * Mag. Charta 9 H. 3. c. 20. 25 E. 1. c. 1. 6. 34 E. 1. c. 1. 2. 14 E 3. 〈◊〉 1. c. 21 〈◊〉 2. c. 1. 35 E. 3. 〈◊〉 2. c. 1. 15 E. 3. stat 3. c. 5. 1 R. 3. c. 2. 21 E. 3. 〈◊〉 〈◊〉 n. 16. 36 E. 3. 〈◊〉 〈◊〉 n. 26. Exact Coll. p. 382 383 884 857 858. (f) Exact Collection p. 789 790 c. (g) 11 15 19 Iune 1628. (h) 〈◊〉 Collection p. 885. 6. Mr. O 〈◊〉 Iohns speech and 〈◊〉 〈◊〉 receiving 〈◊〉 p. 13. 15. 16 〈◊〉 〈◊〉 my Declaration and 〈◊〉 〈◊〉 the 〈◊〉 extortion of Excise 〈◊〉 〈◊〉 3. 〈◊〉 2. 〈◊〉 4 〈◊〉 4. c. 〈◊〉 5 E. 3. c. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (i) Exact 〈◊〉 p. 389 390 c 435 436 877 878 879 c. 887. 19 22 23 24 26 27 28 May 1628. * Exact Collect. p. 885. * Articuli super Chartas cap. 20. (k) 22 23 24 25 March 1628. and sund●…y daies after * 52 H. 3. c. 5. 25 ●… 1. c. 1 2 3. 28 E. 1. c. 1 2. 1 E. 3. Stat. 2. c. 1. 9. 2 E. 3. 6. 1. 4. 5 10 14 15 25 28 31 36 37 38 42. 45 E. 3. c. 1. 1 2 3 5 6 7 8 9 12 15 ●… 2. c. 1. 2. 1 2. 4 7 9. 13 H. 4. c. 1 3 4. 9 H. 5. c. 1. 2 H. 6. c. 1. 11 H. 7. c. 1. (l) 21 Junii 9 April 1628. (a) 19 M●…rtii 1627. (b) 6 H. 4. ●… 8. 3 H. 4. n. 8. c. 9 H. 4. ●… 12 13 c 11 H. 4. 1. 10 11. 13 H. 4. 〈◊〉 10. 11. Cook 4 Inst●…t p. 8. (c) 29 Martii 1628. (d) See my Plea for the Lords p. 50 51 52. 8 H. 6. n. 57 William Mildreds cas●… Bu●…gess of London (e) 3 5 Maii 16. 8. * See My Ple●…●…or ●…he 〈◊〉 p. 6. (f) Exact Collection p. 34. to 57 66 67. c. (g) Jan. 1648. Sec t●…e History of 〈◊〉 (h) The Levellers levelled ●… p. 21 22. My Plea for the Lords p. 25. c. (i) Mat. Par●…s Hist. Anglie p. 247. See My Pl●…a for the Lords p. 5 6. ●…xact Collecton p. 655 657 723 724 726 727. (l) Exact Co lect●…on p. 7 24. * Artic. 27 28 29. (n) 12 1●… May 1628. 28 May 1628. S●… C●…ks 2 ●…st 〈◊〉 s p 198 169. * Walsingham Hist. Angliae p. 414. Sir Edw. Cooks 2 Institut s c. 1 p. 10. * 7 H●… 4. c. 11. * 29. 〈◊〉 3●… M●… 1628. * See Cooks 11. Report f. 84 85 c. ●… See my humble Remon●…ance against ship-mon●…y p. 8. * 24 28 〈◊〉 2 ●…il 19. 〈◊〉 c. 1628. (o) Hovenden Ann●… pa●…s post●… p 700 〈◊〉 736. 〈◊〉 Hist. l. 4. c. 14 to 19. God●…n in his life p. 247 to 271. My new Discov●…y of 〈◊〉 Tyranny p. 77. c. (p) Sec Tur●… 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1634. (q) See the Decl●…ation of M●…ch 17. 16. 3. with the sentence against him * And now in more places the Souldiers have wholly withdrawu them both from our Churches and Ministers See Mr. Edwards Gangr●…na * And are they not much more so now * Are they not now so more than ever * Are not many Souldiers now secretly such openly Anabaptists 〈◊〉 S●…ctaries revilers of our Church Ministers And are not some of th●…ir Commanders likewise such