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cause_n	death_n	law_n	sin_n	5,839	5	5.9889	4	true

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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

Oath not warranted by the Laws and Statutes of this Realm administred unto them and have been constrained to become bound to make appearance and to give attendance before your Privy Counsel at London and in other places and others of them have been therefore imprisoned confined and certain otherways molested and disquieted And divers other charges have been laid and levied upon your people in several Counties by Lord Lieutenants Deputy Lieutenants Commissioners for Musters Justices of Peace and others by command or direction from your Majesty or your Privy Counsel against the Laws and free Customs of the Realm And whereas also by the Statute called the Great Charter of the Liberties of England it is declared and enacted That no Free-man may be taken or imprisoned or be disseised of his Freehold or Liberties or free Customs or be outlawed or exiled or in any manner destroyed nor passed upon nor condemned but by the lawfull Iudgement of his Peers or by the Law of the Land And in the 28 year of King Edward the 3. it was enacted and declared by an Authority of Parliament that no man of what State or condition soever shall be put out of his Lands or Tenements nor taken nor imprisoued nor disinherited nor put to death without being brought to answer by due process of Law Neverthelesse against the Tenor of the said Statutes and other the good Laws and Statutes of your Realm to that end provided divers of your Subjects have of late been imprisoned without any cause shewed and when for their deliverance they were brought before your Justices by your Majesties writs of Habeas Corpus there to undergo and receive as the Court should order and the Keepers commanded to certifie the causes of their deteiner no cause was certified but that they were deteined by your Majesties special command signified by the Lords of your Privy Council And yet were returned back to several Prisons without being charged with any thing to which they might make answer according to Law And whereas of late great companies of Souldiers and Mariners have been dispersed into divers Counties of the Realm and the Inhabitants against their Wills have been compelled to receive them into their Houses and there to suffer them to sojourn against the Laws and Customes of this Realm to the great Grievance and Vexation of the people And whereas also by authority of Parliament in the 25 year of King Edward the third it was declared and enacted That no man should be forejudged of life or limbs against the form of the Great Charer And by other the Laws and Statutes of this Realm No man ought to be adjudged to death but by the Laws established in this your Realm either by the Customes of the same Realm or by Act of Parliament And whereas no Offender of what kind soever is exempted from the proceedings to to be used and punishments to be infflicted by the Laws and Statutes of this your Realm Neverthelesse of late time divers Commissions under your Majesties Great Seal have issued forth by which certain Persons have been assigned and appointed Commissioners with Power and Authority to proceed within the Land according to the custome of Martial Law against such Souldiers or Sea-men or other dissolute Persons joining with them as should commit any Murther Robbery Felony Mutiny or other Outrage or misdemeanour whatsoever and by such Summary Caurse and Orders as is agreeable to Martial Law and as is used in Armies in time of Wars to proceed to the Trials and condemnation of such Offenders and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have been by some of your Majesties Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by no other ought to be judged and executed And also sundry grievous Offenders by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Justice have unjustly refused or forborn to proceed against such Offenders according to the same Laws and Statutes upon pretence that the said Offenders were punishable only by Martial Law and by Authority of such Commissions as aforesaid Which Commissions and all other of like nature extended to any except Souldiers or Mariners or to be executed in time of Peace or when or where your Majesties Army is not on foot are wholly and directly contrary to the said Laws and Statutes of this your Realm They do therefore humbly pray your most excellent Majesty that none hereafter be compelled to make or yield any gift Loan Benevolence Tax or such like charge without common consent by Act of Parliament And that none be called to make answer or take such Oath or to give attendance or be confined or otherwise molested or disquieted concerning the same or for resusal thereof And that no Freeman in any such manner as is before mentioned be imprisoned or deteined And that your Majesty would be pleased to remove the said Souldiers and Mariners and that your People may not be so burthened in time to come And that the aforesaid Commission for proceeding by Martial Law may be revoked and ●nulled And that hereafter no Commission of like nature may issue forth to any Person or Persons whatsoever to be executed as aforesaid lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and franchises of the Land All which they humbly pray of your most excellent Majesty as their Rights of Liberties according to the Laws and Statutes of this Realm And that your Majesty would also vouchsafe to declare that the awards doings and proceedings to the prejudice of your People in any of the premises shall not be drawn hereafter in consequence or example And that your Majesty would also be graciously pleased for the futher comfort and safety of your People to declare your Royal Will and pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the honor of your Majesty and the Prosperitie of this Kingdome To which Petition King Charles at last gave this full and satisfactory Answer Soit droit fait come il est desire par le Petition that is Let All Right be done as it is desired by the Petition To the unspekaable joy of this Parliament and all his Subjects Adding withall thereunto I assure you my Maxim is That the Peoples Liberties strengthen the Kings Prerogative and that the Kings Prerogative is to defend the Peoples Liberties The benefit of which most excellent Law Petition and of all the precedent Parliamentary Votes Lawes with the present repealing and vacating all Acts Votes Orders Ordinances Declarations Resolutions

of the kingdom amongst themselves which should defray publike expences now fit to be reformed as in former ages Their making Sectaries and illiterate Sword-men and other persons of mean quality who understand neither Law nor Iustice their Iustices of Peace and Committee men in sundry places against former Statutes Their imposing administring Oaths to men without any Legal Commission or Law as every Sword-man now presumes a Praemunire and grand Offence in former ages With sundry more generals which I pretermit the particulars whereof would amount to many Baronian Tomes if at large recorded being worthy the consideration of the approaching Assembly if not of reformation Which Assembly being purposely called as these Army Officers and Major Generals report and some Whitehall Letters import for the reformation of our Laws and for the healing and closing up of the wounds breache● of our distracted discontented Nations which my skill in Chirurgery and Politicks and the method of all former Parliaments assures me can never perfectly be healed and closed up without danger of r●lapse breaking out again with greater pain danger violence unless they be first searched lanced and laid open to the bottom then perfectly cleansed and incarnated without leaving any core or Corruption underneath I have thereupon to gratifie Mr. Shepheard and discharge my bounden duty to my Profession and Country thus briefly anatomized and laid them open to publike view to the end they may through Gods blessing receive a speedy sound and perfect not superficial palliative Cure without any other sinister design Now the grand Physician both of Souls and States give so effectual a blessing and successe to these few leaves that they may prove like the leaves of the tree of life Rev. 22. ●2 for the healing of the Nations That God may not now say of England as he did once of Israel Jer. 30. 13 14 15. Thy bruise is incurable and thy wound is grievous There is none to plead thy cause that thou maist be bound up thou hast no healing medicins All thy lovers have forgotten thee they seek thee not for I have wounded thee with the wound of an Enemy with the chastisement of a cruel one for the multitude of thine iniquities because thy sins are encreased FINIS * Reformatio semper debet incipere in capite et sic de-Gradu gradatim ad imuns * At the end of the solemn League and Covenant printed by both Houses orders by it self and sent into all Counties and in A Collection of Ordinances p. 426 427 128. * See the Commons Remonstrance 15 Decemb. 1641. Exact Collection p. 4 5 c. a 2 April 1628. * See the great Charter of King John Mat. Paris p. 248. Magna Charta 9 H. 3. c. 29. 5 E. 3. c. 9. 25 E. 3. c. 4. 28 E. 3. c. 3. 37 E. 3. c. 18. 42 F. 3. c. 3. 2 H. 4. rot Parl. n. 60. 69. The Petition of Right 3 Caroli b 4 April 1628. * Mag. Charta 9 H. 3. c. 29. 35 Eliz. c. 2. 3 Jac. c. 5. Dal●ons Justice of Peace c. 45. 9 H. 5. c. 8. c 7 May 1628. 9 H. 3. c. 29. 5 E. 3. c. 9. 25 E. 3. c. 4. 28 E. 3. c. 3. t 5 E. 3. c. 1 2. 1 H. 4. rot Parl. n. 43. 44 c. Petition of Right 3 Caroli See My Discovery of Free-state Tyranny p. 39 40 41. † Petition of Right 3 Caroli d 4 April 1628. * Mag Charta c. 30. 25 E. 1. c. 5 6. 34 E 1. D● Tallagio non concedendo c. 1. 14 E. 3. stat 1. c. 21. stat 2. c. 1. 15 E. 3. stat 3. c. 5. 27 E 3. stat 2. c. 2. 38 E. 3. c. 2. 1 R. 3. c. 2. 21 E. 3. rot Parl. n. 16. 25 E. 3. rot Parl. n. 16. 36 E. 3. rot Parl. n. 26. 45 E. 3. rot Parl. n. 26. 1 H. 4. rot Parl. n. 32. 43. 11 H. 4. rot Parl. n. 50. * See rot Par. 17 Iohannis 22 23 24. dors Mat. Paris p. 243 to 255. 305 to 312. 838 839. 878. 890 892. 938 940 941 960. 25 E. 1. c. 1. c. 28 E. 1. c. 1. Claus. 28 E. 1. m. 7 8. * Exact Collect. p. 20 21 309. 326. e 25 Iune 1628. * Mag. Charta 9 H. 3. c. 20. 25 E. 1. c. 1. 6. 34 E. 1. c. 1 2. 14 E 3. stat 1. c. 21 stat 2. c. 1. 35 E. 3 stat 2. c. 1. 15 E. 3. stat 3. c. 5. 1 R. 3. c. 2. 2● E. 3. rot Parl. n. 16. 36 E. 3. ro● Parl. n. 26. Exact Coll. p. 382 383 884 857 858. f Exact Collection p. 789 790 c. g 11 15 19 Iune 1628. h Exact Collection p. 885. 6. Mr. O St. Iohns speech and Declaration concerning receiving ship-mony p. 13. 15. 16 19. See my Declaration and Protestation against the int●lerable extortion of Excise * 1 E. 3. stat 2. c. 5. 4 H. 4. c. 13 25 E. 3 c. 8. Exact Collection p. 877 878 879 880. i Exact Col●ction p. 389 390 c 435 436 877 878 879 c. 387. 19 22 23 24 26 27 28 May 1628. * Exact Collect p. 885. * Articuli super Chartas cap. 4 20 k 22 23 24 25 March 1628. and sund●y daies after * 52 H. 3. c. 5. 25 F. 1. c. 1 2 3. 28 E. 1. c. 1 2. 1 E. 3. Stat. 2. c. 1. 9. 2 E. 3. ● 1. 4 5 10 14 15 25 28 31. 36. 37. 38 42. 45 E. 3. c. 1. 1 2 3 5 6 7 8 9 12 15 ● 2. c. 1. 2. 1 2 4 7 9. 13 H. 4. c. 1 3 4. 9 H. 5. c. 1. 2 H. 6. c. 1. 11 H. 7. c. 1. l 21 Junii 9 April 1628. a ●9 Martii 1627. b 6 H. 4. n. 8. 3 H. 4. n. 8 c 9 H. 4. n. 12 13 c. 11 H. 4. 1. 10 11 13 H. 4 ● 10. 11. Cook 4. Instit. p. 8. c 29 Martii 1628. d See my Plea for the Lords p. 50 51 52. 8 H. 6. n. 57. William Mildreds case Burgess of London e 3 5 Maii 16 8. * See My Pleasor the Lords p. 6. f Exact Coll ction p. 34. to 57. 66 67. c. g Jan. 1648. See the History of Independency h 〈…〉 Lord 〈…〉 c. i Mat. Paris Hist. Angliae p. 247. See My Plea for the Lords p. 5 6. Exact Collecton p. 655 657 723 724 726 727. l Exact collection p. 724. * Artic. 27 28 29. n 12 13 May 1628. 28 May 1628. S●e Cooks 2 Institutes p 198 169. * Walsingham Hist. Angliae p. 414. Sir Edw. Cooks 2 Institut s c. 1 p. 10. * 7 H. 4. c. 15. * 29. 3● Maii 1628. * See Cooks 11. Report f. 84 85 c. See my humble Remonstrance against Ship mo●●y p. 8. * 24 28 Martii 2 Ap●il 10 Mai● c. 1628. o Hovenden Annal pars posterior p 700 to 736. Nubrigensis Hist. l. 4. c. 14 to 19. Godwin in his life p. 247 to 271. My new Discovery of Preesta●e Tyranny p. 77. c. p See Tur●e 〈◊〉 Status descriptio ●ugduni 1634. q q See the Declaration of March 17. 1648. ●ith the sentence against him * And now in more places the Souldiers have wholly withdrawn them both from our Churches and Ministers See Mr. Edwards Gangr●na * And are they not much more so now * Are they not now so more than ever * Are not many Souldiers now secretly such openly Anabaptists Quakers Sectaries revilers of our Church Ministers And are not some of their Commanders likewise such