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england_n	king_n	reign_n	year_n	19,019	5	5.1234	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

Legacy I can leave behind me to my Native Country and the whole English Nation whose real Liberty VVeal Tranquillity Prosperity next to Gods glory and the safety of our endangered Church and Religion hath been the sole scope end of this and all other his publications who though ingratefully despitefully requited for most of them would repute it his greatest infelicity to be enforced or hear other Cordial State-Physicians compelled now at last to say of England as Gods people once did of Babylon Jer. 51. 8 9 10. Babylon is suddenly fallen and destroyed howle for her take balm for her pain If so be she may be healed VVe would have healed Babylon but she is not healed forsake her and let us go every one into his own Country for her judgment reacheth unto Heaven ●… and is lifted up even to the Skies Yet the Lord hath brought forth our righteousnesse as he hath maugre all Enemies Oppositions Slanders the righteousnesse of him who desires thy kind acceptation of this Breviary and prayers for Gods blessing upon this and all other his real endeavours for sick desperately-wounded Englands cure Swainswick Septemb. 6. 1656. William P●…nne A Summary Collection of the principal fundamental Rights Liberties Properties of all English-Freemen c. THe Liberty of the Subjects Persons having in the three first years of our late King Charles his Reign been very much invaded endangered undermined 1. By Imprisonment of their Persons by the Lords of the Council without any special Legal cause assigned in the Warrants for their commitment but only the Kings command 1. By honorable banishments upon pretence of forein imployments 3. By confinements to particular places 4. By remanding and not bayling them by the Judges upon Habeas Corpora sued forth by them 5. By Commissions for Trials of Souldiers and others for their live by Martial Law in times of peace when other Courts of Justice were open and the like The properties of their Goods and Estat●…s being likewise much encroached upon and in a great measure subverted 1 By forced Loans and contributions 2. By Lieutenants and Deputy-Lieutenants exorbi●… Powers and new rates taxes imposed on and forced from them without grant in Parliament for billeting Souldiers and quartering Souldiers in mens Houses●… against their wills till they paid those rates 3. By exacting Tunnage Poundage New customes and impositions without special grant and act of Parliament 4. By an intended Commission of Excise never put in execution and other particulars of like nature And the Liberty of their Free-elections much impeached by Lieutenants and others Letters menaces summoning of trained Bands to elections and the like indirect courses Whereupon the Parliament begun on Monday 17 Martil 3 Caroli in the year of our Lord 1627 to vindicate these their infringed Liberties properties freedomes and preserve them from future violations of this nature after many learned Arguments by Sir Edward Cook Mr. Noy Mr. Selden Mr. Littleton Mr. Masen Mr. Creswel Mr. Shervile Mr. Sherland Mr. Bancks Mr. Rolls Mr. Ball with other Lawyers and able Members of the Commons House passed their 〈◊〉 Votes against them Nemine centradicente fit now to be revived re-established after more dangerous avowed publick Violations of our hereditary Fundamental Liberties Properties by the greatest pretended Military and civil Champions for and Patrons Assertors and Protectors of them than any in former ages as the probablest means under God then and now to cure the mortal distempers and repair the sad divisions 〈◊〉 desolation of our Land (a) Resolved upon the Question 1. That * no Freemau ought to be committed deteined in Prison or otherwise restrained by command of the King or privy Council or any other unless 〈◊〉 cause of the commitment restraint or deteiner be expressed for which by Law he ought to be committed deteined or restrained 2. That a Writ of Habeas Corpus may not be denied but ought to be granted to every man that is committed or deteined in Prison or otherwise restrained ●… although it be by command of the King or Prioy Councill or any other he praying the same 3. That if a Freeman be committed or deteined in Prison or otherwise 〈◊〉 by command of the King or Privy Council or any other no cause of such commitment deteiner or restraint being expressed forthwith for which by Law he ought to be committed restreined or detained and the same being returned 〈◊〉 an Habeas Corpus granted for the same party that then he ought to be delivered or bayled 4. (b) That no Freeman ought to be confined to his House or any other place by any commaud of the King or Privy Council or any other unless it be by * Act of Parliament or by other due course or Warrant of Law 5. (c) That the Commission for martial Law and all other of such nature to be executed within the Land at such times as were appointed by this Commission then questioned to wit in times of peace when the Kings Courts of Law were open and other Legal trials might be had by Juries in Courts of Iustice are against the Law 6. That † billetting and placing of Souldiers or any other person in the House of any Freeman against his will is against the Law 7. (d) That it is the * antient and undoubted Right of every Freeman that he hath a full and absolute propriety in his goods and Estate And that no taxes Tallages loan bonevolence or other charge ought to be commanded imposed or levyed by the King or his Ministers without commou consent by Act of Parliament All which Votes were drawn up and inserted into●… the Petition of Right assented to by the Lords and at last by the King himself in his Answer to that petition as the antient Fundamental Rights and Liberties of all English Freemen And therefore after all our late Parliamentary and Military contests wars for their defence fit to be confirmed ratified by all sorts of Domestick waies and policies by which the great Charter was * antiently confirmed and all violations of them exemplarily punished without any further argument or debate being indisputable principles and foundations whereon all our Liberties Properties as English Freemen are bottomed To which end I would advise that all Civil and Military Officers whatsoever as well Supreme as subordinate all Members of Parliament Barresters Attornies Graduates in our Universities Steward of Leets and Court Barons throughout 〈◊〉 Dominions should from time to time upon and at their investitures into their several Offices Trusts or taking their Degrees be corporally sworn To defend and maintain the Great Charter of England the Petition of Right and other Fundamental Lawes of this Land together with the antient undoubted Rights and Liberties of our English Parliaments according to their late Protestation and Solemn League and Covenant And that all Justices of 〈◊〉 Judges and Justices of the Peace should specially be sworn at every Assizes and Sessions of

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 the●… 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 for●… 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 forein●… 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 added●… 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 a●…ter a long and full Debate resolved That this Saving ou●…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

evil disposed persons to destroy and suppresse others of a contrary party without any election by the people This packed Parliament ordered That they should stand and serve as Knights and Burgesses though they were not elected nor duly chosen and that the Sheriffs should not incurre the penalties of the Stacu●…e of 23 H. 3. c. 11. as appears by 38 H. 6. n. 35. and the Statute of 39 H. 6. c. 1. But what was the issue The very next year a new Parliament being summoned the first Act they made was to declare this Parliament and all Acts Statutes and Ordinances made therein to be null and void and of no force and effect Because it was unduly summoned a great part of the Knights for divers Counties of this Realm and many Burgesses and Citizens for divers Boroughs and Cities in the same Appearing were named returned and accepted some of them without due and frée●… election some of them without any election against the course of the Kings Laws and the Liberties of the Commons of the Realm by the means and labours of the said seditious Persons c. As the Statute of 39 H. 3. c. 1. worthy perusal and consideration of this next Assembly resolves in positive termes though not one of those then duely elected by the people was secluded Which I desire all our ignorant violent Swordmen young Statesmen and Instrument-makers to take Notice of for fear all their Conventions Acts and proceedings prove meer Nullities in conclusion upon this account of unfree and undue elections and seclusions of Members duly elected against Law and the Parliaments Peoples Rights and Privileges 16. In this Parliament of * 3 Caroli the Attornies of York complained to the Commons House that King Charles in the second year of his reign had granted to Sir Thomas Mounson by Patent the sole making of all Bills Declarations and Informations before the Counsel of York and like wise the sole making of Letters Missives and Processe in that Court for 3. Lives The Committee of Grievanc●… and after that the whole House of Commons in the Parliament of 18 Iacobi and after that in the Parliament of 19 Iacobi 29 Novemb. adjudged the like Patent as this made by King Iames to John Lep●…on 4 Iacobi of this Office To be a Grievance and Monopoly both in the creation and execution And the whole Committee of Grievances and Commons House upon the Report and full debate of this Patent to Sir Thomas Mounson adjudged it likewise to be a Grievance both in the Creation and Execution in respect of Bils Declarations and Informations though not in respect of Letters and Processe the sole making whereof the King might lawfully grant upon the erecting of this Court by a special Patent but being mixed with Bills Declarations and Informations in the same Patent they adjudged the whole Patent to be a Grievance as they likewise resoved the Earl of Holland his Patent of Exchange for the sole buying of Gold and Silver to be a Monopoly and Grievance both in the creation and ex●…ion June 23. 1628. And that principally for 3 Reasons First because it was a * Monopoly within the Statute of 21 Jacobi tending to the prejudice of the Attornies of York in their very Profession of making Bils Declarations Informations which they antiently made and likewise of the people who must dance attendance on this sole Secretary and his Clerk til they were at leisure to dispatch their Bils and Declarations 2ly Because upon the making of Bils and Declarations men must shew their evidences to this Patentee and his Clerks and trust them with them as in cross Bils they must see the evidences of both parties which would be very mischievous and prejudicial to the Clients 3ly Because this would erect a New fee and bring a New charge upon the people Which fee Lepton took for the execution of his Patent though Mounson had not yet taken any New fee And whether the old Court project which I formerly twice quashed now about to be revived as I hear of erecting Registers in every County to record all Morgages Feoffments L●…ases Sales of Lands Statutes Fines and Obligations made therein to prevent fraudulent conveyances and other mischiefes as the Projectors pretended but in truth to put a new charge 〈◊〉 and intollerable vexation upon all sorts of people to their intollerable prejudice and vast expence os many thousand pounds a year for fees and travelling charges which these Projectors only aim at for their private Lucre and to discover all mens real and personal Estates as King Richard the first and his Successors did the English Jews estates and wealth by the self same device and then seised and confiscated them at their pleasures as you may read at large in the First and Second part of my S●…ort 〈◊〉 to the I●…ws long discontinued bar●…d Remitter into●… Englaud will not prove a greater Grieviance than this Patent for the self same reasons and sundry others Whether the Committee for sole approbation of Ministers to livings who must all post up to London and there dance attendance sundry weeks or Months to their vast expence and ost times return at last with●…t their expected preferments without any sufficient cause alleged either to their Patrons or themselves being held fit for other livings but not for those to which they are presented especially if benefices of good value or note to which some of the Approvers their Friends or kinred have an eye And the New fees there paid to their Clark and Register for approbations and admissions be not as great a Grievance and Monopoly as this of Lepton and Mounson fit to be redressed I refer to the approaching As●…emblie and others to resolve upon full debate and sundry complaints I have heard made by divers against their Proceedings and New erected Fees Which cannot be created but by act of Parliament as is resolved 13 H. 4. 14 Brook Patents 100. Fi●…zh Nat. Brev. f. 122. Cook 11 Report Darcies Case sol 86. b. 17. They appointed a * special Committee to hear examine report punish the manifold complaints of the ●…ounties and Corporations of England against the New exorbitant power and proceedings of L●…enants and Depu●…y-Lieutenant in quartering Souldiers in mens Houses against their wills in imposing rates and taxes on the Country without Act of Parliament for the payment and bi●…ing of Souldiers and levying them by Souldiers on such as refused to pay them by quartering Souldiers upon ●…hem till paid or imprisoning or v●…xing 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 P●…icious 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 imita●…on of (o) Wil. Longcham the first Protector in the Reign

lesse than High Treason in others not only by the * * See the 〈◊〉 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 Remonstra●…ce and Re●…resentation Aug. 2. 18. ●… 7 〈◊〉 1647. Th●…ir Charge June 14. 1647. themselves yea the very ground-work of all the uncapabilities penalties sequestrations decimations forseitures 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 〈◊〉 of 〈◊〉 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-condem●…ing 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 F●…ndamental Laws Statutes the Petition of Right it self and premised Votes in the Parliament of 3 Carol●… 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 ran●…ks 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 I●…les 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 pl●…ces 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 la●…e 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 Grandecs Swordmen Souldiers Committees Excise-men Major-Generals their Deputies or Deputy Deputies who all imprison dissranchise oppresse men at their pleasures which [f] [f] Fo●…ue c. 8. 1 H. 7. 46. 16 H. 6. Fitz. Mons●…n 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●… pilgrimage ●…o 6. c. 6. H●…yns 〈◊〉 Mamalukes the longest Sword Against not only all Laws of the Land but the very eighth and tenth Moral Command●…nts of God himself now practically quite expunged out of their Decalogue And do not all else hold their Lands and Estates as Tenants at will to these supream new Land-Lords who ●…pon any N●…w coined Delinquency or pretended plots really sequester or confiscate them at their pleasures by the self-same Law and Title Yea where ●…s all our Kings in former ages took Aids and Subsidies from our Ancestors only as (1) (1) See Bast●…s 〈◊〉 and 〈◊〉 〈◊〉