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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

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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
both by the Parliament and Army and so many years bloudy Wars for defence of the Rights and Privileges of Parliament I shall therefore close up this particular with the memorable words of Lords and Commons forenamed Remonstrances which I desire all Swordmen the whole Nation and those especially who were then Members to take special notice of l This Privilege of the Members se●●usion from the House and arrests fore mentioned is so clear and essential a Privilege of Parliament that the whole Freedome of Parliament depends upon it For who sees not that by this means under false pretences of Crimes and Accusations such and so many Members of both or either House may be taken out of it at any time by any persons to serve a torn and to make a major part of whom they will at pleasure And therefore as the Freedom of the Parliament dependeth in a great part upon this Privilege and the Freedome of this Nation upon the Freedome of Parliaments We have good cause to believe that the People of England knowing that their Lives and Fortunes are bound up in this Bundle will venture their Lives and Fortunes in this Quarrel Accursed and for ever execrated then let all those Sword-men and Innovators be who by any Matchiavilian Policies Engines or Instruments whatsoever shall endeavour to deprive the Parliaments and People of England of this their antient essential Privilege and Freedoms or necessitate them once again to venture their Lives or Fortunes in this quarrel to maintain or regain the same by a New war or insurrection against the Imprisoners or Secluders of any of their duly elected and best respected publick Trustees out of our Parliaments in time to come as they have oft times done for some years by-past to the subversion of Parliaments and Peoples general affront and discontent To prevent which danger I could heartily wish that a free Legal English Parliament might be duly summoned either by the Peers of the Realm or by the Freeholders Freemen and Burgesses of every County City and Borough in their default according to the late Act for triennial Parliaments yet in force to which many in present power were assenting to redress all high violations of our Parliaments just Rights and Privileges and prevent the like for the future reform all publick Grievances remove all unrighteous oppressions compose our manifold sad Divisions Schismes Fractions both in Church and State and settle our three distracted Kingdoms in such unity peace prosperity after all our destructive wars as all good men long pray for and none but Traytors or professed Enemies to our Tranquillity and Welfare can or dare oppose 15. The whole House of Commons m impeached and the Lords House judicially sentenced D● Manwaring then a Member of the Convocation for preaching before the King and publishing in print in two Sermons intituled Religion and Allegiance contrary to the Laws and Statutes of this Realm and propriety of the Subject 1. That the King is not bouud to keep and observe the good Laws and customes of the Realm concerning the Rights and Liberties of the Subject who undoubtedly inherit this Right and Liberty not to be compelled to contribute any tax tallage aid or to make any loans not set or imposed by common consent by Act of Parliament And that his Royal will and command in imposing Loans Taxes and other Aids without Common consent in Parliament doth so far bind the conscience of the Subje●● of this Realm that they cannot refuse the same without peril of damnation 2. That those his Majesties Subjects who refused the Loan imposed on them did therein offend against the Law of God against his Majesties supream Authority and by so doing became guilty of impiety disloyalty rebellion disobedience and lyable to many other Taxes and censures 3. That authority of Parliament is not necessary for raising of Aids and Subsidies That the slow proceedings of such Assemblies are not fit for the supply of the urgent necessities of the State but rather apt to produce sundry Impediments to the just designs of Princes and to give them occasion of displeasure or discontent For which Sermons and positions the Lords House adjudged 1. That this Dr. Manwaring notwithstanding his humble Petitions and craving pardon for these offences shall be imprisoned during the pleasure of the House 2. That he be fined 1000 l. to the King 3. That he shall make such a submission and acknowledgement of his offences as shall be set down by a Committe in writing both at the Lords Bar and in the House of Commons which he accordingly made 4. That he shall be suspended for the time of three years from the exercise of the Ministry 5. That he shall be for ever disabled to preach at the Court hereafter 6. That he shall be disabled hereafter to have any Ecclesiastical dignity or secular Office 7. That the same Book is worthy to be burnt and that for the better effecting thereof his Majesty may be moved to grant a Proclamation to call in the said Books that they may be burnt accordingly in London and both Universities and for inhibiting the printing hereof upon a great penal●y Which was done accordingly Whether some late Court-Chaplaint or Parasites have not incurred the like offences and demerit not as severe a censure as he for some Sermons and printed Pamphlets * Instruments of like nature is worthy the consideration of the next publike Assembly and future English Parliaments XV The n House of Commons sent for and committed Mr. Laughton and Mr John Trelawny to the Tower and Sir William Wray and Mr. Edward Trelawny to the Sergeant at Arms during the Houses pleasure and ordered them to make a Recognition of their offences at the Assises in Cornwal for interrupting the freedomes of Elections in that County For that some of them being Deputy Lieutenants and others of them Justices of Peace of the County of Cornwal writ Letters to this effect Whereas the safety of the Realm depends upon the Parliament we the Deputy-Lieutenants and Justices to whose care the County is committed finding A. and B. fit persons have desired them to stand to be Knights whereof we give you notice and advising Sir John Eliot and Mr. Cariton to desist that they wished them not to be chosen and menacing them in this manner but if you go on we will oppose you by all means lest his Majesty suspect our fidelity since you know how gracious you are to his Majesty and how many waies he hath expressed his displeasure against you And his Majesty will conceive your Election to be an affront to his service and so we shall draw the displeasure of the King on us Our hope is that you out of conscience and loyalty will not seek this place and we let you know that if you do we will oppose you all we can c. And writing Letters to others of the County to this effect Whereas unquiet Spirits seek their own ends
the settlement peace liberty ease from taxes excises and good Government of the Kingdome by a happy close with the late King upon more safe and honourable terms of Freedom and happiness to the whole Nation and our Parliaments than ever we can hope for from our New Governours or Sword-men to usurp the Soveraign Power of King and Parliament into their own hands and perpetuate our Wars Taxes Excises Armies and Military Government upon us from generation to generation as experience now manifests beyond contradiction not for the peoples safety ease wealth tranquillity as they then pretended which people though they then cried up * * January 1648. voted for the only Supreme Authority their free elections for the only Basis of all lawfull Magistracy Power in and over the Nation and their safety as the Supreme Law yet now they imperiously trample upon as their conquered slaves and both by their publike speeches actions proclaim to all the world They now no more value them than they doe the very Acorns of the Swine or dust of their feet no further than they are subservient to their own aspiring designs and selfish ends For those few remaining Abuses in our Laws execution yet unredressed by former Laws as they no waies concern the army or army-Officers as Souldiers being out of their calling Commission and fit only for Iudges or Parliaments in their defaults to redresse So they concern not the generality of the People many thousands of them having no sute at Law in all their lives and the most of them very rarely but for the most part only some Litigious contentious persons who out of their pride and animosity occasion these abuses and prolongatio●s of sutes in Law which they and others complain against and therefore are justly punished and rewarded by them the expensivenesse and tediousnesse of their Law sutes being the best means to correct cure their contentious malicious spirits other sutes between peaceable persons being soon determined without any great expence or length of time if diligently prosecuted by honest Lawyers Attorneys and Sollicitors But the Grievances these Martial Reformers of our Laws have introduced under pretext of reforming some petty Abuses in the practice of the Law and Lawyers are of a far more grievous generall and transcendent nature subverting the very Fnndamental Laws and Liberties of the whole Nation and burthening them with two or three Millions of extraordinary Taxes Expences every year whereas all the abuses in the Law if rectified amount not to above 5 or 6 thousand pounds a year at the most and those volunt●rily expended by litigious persons not exacted from or imposed upon any against their Wills as Taxes Excises Imposts Tunnage and Poundage now are by the Souldiers without Act of Parliament against our Laws Which if redressed by the Swordmen now is not out of any affection towards or design to ease the People but out of spleen to the Profession and Professors of the Law and to increase the Peoples monthly Taxes to the Souldiers and maintenance of their new war to tenfold the value every year at least to what they now expend in Law-sutes by reason of these abuses they would now redresse which will be nothing so grievous expensive to the People as those alterations they intend to make in our Laws and legal conveyances which will but multiply Sutes and draw all mens estates into future sequestration in few years space There are four things specially provided for by our Fundamental Laws and the original constitution of our Government which principally concern all the Freemen of England in General above all things else 1. The Privileges and Fredome of their Parliaments and their Members 2. The safety and liberty of their Persons 3. The propriety of their Estates 4. The Free course of Common Law Right Justice All which our Army Reformers have lately violated in the highest degree beyond the Presidents of the worst of former ages against all Laws of God and the Land their own Commissions Trusts Declarations Protestations Vowes Leagues Covenants Engagements without any colour of lawful Authority to the whole Nations intollerable Grievance Injury Oppression Impoverishing enslaving and yet would be reputed the only just upright faithful righteous conscientious Protectors Reformers of our Laws Grievances government and Gods most precious Saints and all others meer Malignants or Disaffected persons to Liberty and Reformation who oppose or dislike their proceedings secluding them out of their New Parliaments as such when elected most freely by the People 1. For the Privileges Freedom of Parliaments and their Members formerly held most sacred and inviolable c c See the Epistle and Appendix to my Speech in Parliament and the History of Independency They have in their own and the Armies name impeached imprisoned suspended from sitting many Members of both Houses marched up professedly against them contrary to their Trusts Commands and the expresse Statutes of 5 R. 2. c. 4. 5. H. 4. c. 6. 8 H. 6. c. 1. 4 H. 8. c. 8. forced them to retract their own Orders Votes Ordinances eject imprison their own Members and Vote what they prescribed them Since which they imprisoned close imprisoned my self with sundry other Members in remote Castles sundry years without any cause hearing or recompence for this transcendent injustice And not content herewith they contrary to both Houses Votes seised impeached abused condemned beheaded the late King d d Cook 4 Instit. c. 1. modus Teneadi Parliam The head of the Parliament suppressed abolished the whole House of Lords the antientest chiefest Members of it secured secluded the greatest part of the Commons House and forcibly dissolved the Parliament it self by the Sword without any writ contrary to an expresse act of Parliament And how they have disturbed secluded abused dissipated dishoused their own mock-Parliament and their Members even in the like manner How they and their new Instruments have New-modelled that they now call our Parliaments how they have deprived many antient Burroughs Cities of their right of electing Burgesses or of so many Burgesses as they ought contrary to their Charters and the expresse Statutes of 5 R. 2. c. 4. 1 H 5. c. 1. 32 H. 6. c. 15. 9 H. 8. c. 18 disabled many thousands of their Votes in Elections who have Voices and enabled others to be Electors who have no Votes by our Laws incorporated Scotish and Irish Knights Burgesses as Members into their late Parliaments and interrupted the Freedom of Elections by Letters Menaces armed Troops Soldiers and other indirect means against the Statute of 3 E. 1. c. 5. the great Charter and Constitutions Laws Rights Privileges of our Parliaments to make what Persons and Number of their own creatures they please a pretended Parliament to bind our three Nations by colour of a void illegal Instrument made sodenly by a few Privadoes of their own in a corner having no more legal force to bind our three Nations or Parliaments than a Fiddle-string or the
new Cords wherewith the uncircumcised Philistines by their treacherous Dalilah bound Sampson of old which he brake from off his arms like a threed Judg. 16. 12. All which is so well known to themselves and others that I shall not insist any 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
Present more before Justices or matter of Re●ard 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 ●rrour 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 magnanamity unaminity zeal courage in defence of these our fundamental Charters Laws Rights Liberties we should now be ashamed to degenerate after so many yeats wars and vast expences for their preservation and all sacred solemn Protestations Vows Leagues Covenants Declarations Remonstrances and Ordinances engaging us with our lives and fortunes constantly to defend them all the daies of our lives against all opposition And if any who pretend to the Name or power of a Parliament should now refuse or neglect to do their duties herein they may justly expect to be had in perpetual detestation and execration both with God and all English Freemen XII It was frequently averred declared k by the Commons in this Parliament That the old custome and use of our Parliaments constantly hath been and ought to be to debate redress all publick grievances and re-establish secure their violated * Great Charter Laws Rights and Liberties in the first place of all before they debated or granted any aides or subsidies demanded of them though never so pressing or necessary it being both dangerous imprudent and a breach of their trusts towards the people who elected them to play an After-game for their Liberties Laws and Grievances which would never be effectually redressed after subsidies once granted VVhereupon they refused to pass the Bill of Subsidies then granted till the Petition of Right was fi●st assented unto enrolled and their Grievances redr●ssed by the King XIII They cast Sir Edmund Sawyer a Member of the Commons House out of it upon solemn Debate l committed him Prisoner to the Tower and perpetually disabled him to serve in Parliament for the future for having a chief hand in making a Book of Rates for Tunnage and Poundag and laying imposiions on the Subject in nature of a Projector without grant or Act of Parliament And likewise suspended Mr. John Baber then Recorder and Burgesse of Welle only for making a Warrant to billet Souldiers on some of the Townsmen against the Law and Subjects Liberty out of fear Resolving that all Projectors and Promoters of illegal impositions Taxes billetings Projects out of base fear which Mr. Baber or by regal command which Sir Edmund Sawyer pleaded for his excuse were unfit to sit or vo●e in any English Parliament and fit to be turned out thence by judicial sentence with greatest Infamy And whether any such be fit to be Members at any other season let those whom it concerns determine XIV In this Parliament of 3 Caroli the a Speaker in the close of his first Speech to the King according to b usual custome in former ages prayed 3 Privileges in behalf of every Member of the Commons House the first whereof was That for the better attending the publick and important services of the House all and every Member thereof and their necessary attendants may be free both in Person and in Goods from all Arrests and troubles according to their antient Privileges and immunities Which the King then readily granted them all according to the true Rights and Privileges of Parliament By the mouth of the Lord Keeper c After which Sir Edward Cook arguing against the King and his Councils power to commit men only by special command without any legal cause expressed in the Warrant in the House used this expression This concerneth not only the Commonalty but the Lords and therefore it deserveth to be spoken of in Parliament because this might dissolve the Parliament and this House for we may be then all one after another thus committed 31 H. 6. rot Parl. n. 26 27. d No Member of Parliament can be arrested but for Felony Treason or Peace And all here may be committed under these pretences and then where is the Parliament Surely the Lords will be glad of this it concerns them as well as us e Not long after the Common House being informed that Sir Robert Stanhop a Member thereof was committed by the Lords of the Council thereupon the House in whose power it was either to send an Habeas Corp●s or their Sergeant with his Mace for any Member committed as was resolved the last Parliament before this together with the cause thereof ordered That their Sergeant should go with his Ma●e and bring Sir Robert Stanhop with his Keeper and the Warrant for his commitment into the House the next morning they fate Who accordingly brought him with the Marshal of the Houshold and the Warrant wherein it was declared That his commitment was by the Lords of the Council for breach of the peace and refusing to give Su●●ti●t for the Peace upon a challenge and a Duel intended by him as the truth of the Case appeared Whereupon the House were of opinion That standing committed for his real breach of the peace and refusing to give Sureties he could not have his Privileges without giving good security in the Kings Bench to keep the peace And Mr. ●a●shaw all●ging That in such cases some Members by order of the House had entred into Recogni●ances in the Kings Bench in former times to keep the Peace a Committee was ordered to search out the Presidents and consider of the Case But the quarrel being soon after taken up thereupon the Lords released Sir Robert without Sureties to attend the service of the House On the ●8 of April 1627 Sir Simon Steward a Member of the Commons House being served with a Sub p●na ad audie●dum judicium out of the S●ar-chamber at the sute of the Kings Attorny upon a Bill there exhibited against him for sundry misdemeanours complained thereof to the House and shewed that he had been inticed to enter into a Bond and Recognizance of 500 l. not to claim any privilege of Parliament The House upon solemn debate hereof April 20. resolved That Sir Simon notwithstanding this Bond and Recognizance should have his Privilege allowed him because he was elected by and served for others and could not make a Proxy and because else the House might thereby be deprived of his attendance by his Censure Yea this Recognisance with the Condition thereof not to claim his Privilege were held to be hold and against the Law And by order of the House the party who served the Subpoena on Sir Simon Steward was sent for as a Delinquent and Sir Simon commanded to attend the service of the House and not the hearing of the cause Vpon this on the 10th of May the Inhabitants of the Isle of Ely
of the Shire Citizen of City Burgesse of Borough or other singular Person or Comminalty which doth absent himself or come not at the said Summons except he may reasonably and honestly excuse himself to our Lord the King shall be amerced and otherwise punished as of old times hath used to be done within the said Realm in the said case c. As likewise by the Statutes of 1 H. 5. c. 1. 32 H. 6. c. 15. 9 H. 8. c. 16. The Act for Triennial Paliaments 16 Caroli 31 H. 6. n. 45 46. 8 Martii 23 Eliz. Cooks 4 Institutes p. 1 2 4 9 10 15 17 23 24 35 42 to 50 and my Plea for the Lords which you may consult at leisure Therefore no member duly summoned or elected may or ought to be arrested secluded or suspended the Parliament by any Persons or Powers whatsoever upon any pretext or new devised Instrument but only by the House and Parliament it self without the highest injustice affront to the Parliament Member and the people who elect him 3. That the Parliament alone during its sitting and no other person or powers whatsoever is and ought to be the sole Iudge of the due elections offences fitnesse ejection seclusion suspension imprisonment of the Members of Parliament And that no Member ●n cases of Treason Felony or Breach of Peace ought to be taken away or detained from the service of the House whereof he is a Member until that House hath satisfaction concerning the truth of the fact and grounds of the Accusation which it is bound to examine and then to proceed against him themselves if it be proper for the Parliament or to suffer him after to be proceeded against elsewhere as resolved in the Presidents of Sir Edmund Sawyer Mr. Baber Sir Simon Steward Sir Robert Stanhop the Earl of Arundel the Lord of Kinbolton and 5 impeached Members forecited of late By sundry antient Presidents in my Plea for the Lords p. 33 to 54. My Ardua Regni and Levellers Levelled Cooks 4 Institutes p. 23 24 c. And expresly declared by the Lords and Commons in their printed Declaration Octob. 23. and Remonstrance Novemb. 2. 1 42. Exact Collection p. 655 657 723 724 726 727. Wherefore for any persons or Powers out of Parliament to arrest o● seclude any Member duly summoned or elected by the People especially without before or against the judgement of the Parliament or without rendring any reason thereof to the Parliament and People who elect them is the highest usurpation over and affront to the Soveraign jurisdiction of Parliaments that possibly can be devised yea an erection of a supream new Power both over Parliaments themselves and their Members and great injustice to the People lately g voted the Soveraign Power and only fountain of all lawfull Authority in the Nation 4. That the Parliaments of England in all former ages have been very diligent vigilant zealous resolute couragious in maintaining these their antient undoubted Privileges of their Members and the Houses of Parliament against the least incroachment or violation not suffering so much as one or two of their Members at any time especially in the Parliaments of King Charles to be imprisoned or restrained from the Parliament for any real ar pretended causes without present demanding of him or them and examining the grounds of their restraints adjorning their Houses and refusing to sit or act till till their Members were restored righted and their Privileges repaired And that upon these four grounds worthy special observation 1. Because our Parliaments in former times were constantly adjourned from the day of their first appearance till a further time when any of the Lords Knights and Burgesses by reason of shortness of time other publike imployments or default of the Sheriffs returns were absent and did not appear to make up a full Parliament upon the first day of the Summons which I have proved by 30 Parliaments Presidents and Records h elsewhere cited in the reignes of King Henry 3. Edward the 3. Richard 3. and Henry the 4th to which some others might be added to prevent the danger of acting any thing in a thin or packed House 2. Because the undue seclusion of any Members duly elected by force or combination especially when others unduly or not at all elected by the people were returned and admitted as Members hath nullified made void and repealed all the Acts and Proceedings of former Parliaments thus fraudulently packed for sinister private ends as being no Parliaments at all in law or truth but a packed Conventicle and Confederacy as the printed Statutes of 21 R. 2. c. 12. 1 H. 4. c. 3. and rot. Parl. 1 H. 4. n. 22 23. 38. 48. 66. 70. 38 H. 6. n. 35. 39 H. 6. c. 1. 17 E. 4. c. 7. And the Statutes of 10 H. 7. c. 23. made in Ireland will resolve the perusers of them being over-tedious to transcribe 3. Because else the King and his Council or others might as well summon what Nobles Counties Cities Boroughs they pleased to the Parliament and omit whom else they pleased out of the Summons without any Writs directed to them and seclude or admit whom they pleased when summoned elected returned to serve in Parliament contrary to the i Great Charter of King John and the Statute of 5 R. 2. c. 4. which expresly provide That all the Barons Citizens Burgesses Comminalties and Counties shall be summoned to every Parliament And if any Sheriff of the Realm be from henceforth negligent in making his returns of Writs of the Parliament or that he leave out of the said Returns any Cities or Boroughs which be bound or were of old time wont to come to the Parliament he shall be amerced or otherwise punished in the manner as was accustomed to be done in the said case in times past They being all to be summoned as formerly exdebito Iusticiae as Sir Edward Cook resolves in his 4th Institutes p. 1. printed by the Commons House special Order else the Parliament will be Void and Null as the Statute of 10 H. 7. c. 23. for Ireland declares resolving the Patent of Drogheda to be void upon this reason 4. Because as both Houses of Parliament resolved in their k Declaration of October 23. and Remonstrance Novemb. 2. 1642. published in print to all our 3. Kingdoms and the World penned and assented to by some Grandees in present power the King or any prevailing party whatsoever might else at any time seclude and pull out of the House of Parliament all such Members as they found ●r●sse and opposite to their designs Make whom and how many Members they pleased a Major part to carry on their designes and thereby destroy the whole Body of the Parliament by pulling out the principal Members and pull up their Privileges by the roots A treachery injury innovation not to be tollerated or connived at in the least Degree after so many Protestations Vowes Solemn Leagues Covenants Declarations Remonstrances
we desire men of moderation may be chosen and we desire you to give your Voito A. and B c. And for that besides these Letters they warned the trained Band to attend the day of the election By which Letters Menaces and Practices they were voted guilty as practising to pervert the free-dome of the election of the Knights of that County and thereupon thus censured by the House On the 28 of the same May 1628. Sir John Eliot reported from the Committee sundry complaints against the Lord Mohun Vice-warden of the Stanneries in Cornwal by the Tinners of that County whereof this was one That the Tinners in Cornwal have time out of mind used to elect a Parliament of Tinners so often as there is occasion summoned ever in this manner The Lord Warden of the Stanneries grants his Commission to the Vice-Warden who thereupon directs Sommons to the 4 Maiors of the 4 Divisions of the Stanneries appointing them to elect within every Division 6 Tinners to be elected by the Maior and his Corporation and so the parties elected are returned to serve in their Parliment That the Lord Mohun being Vice-Warden at Christmas then last past sent his Warrant to the 4 Maiors commanding them to elect such and such Persons by name to be Tinners for the Parliament The Maiors obeyed and summoned the men who met the 4th of January last Upon the meeting the Tinners questioned the lawfulnesse of that Parliament First because there was no Commission from the Lord Warden but only a Letter and that for a meeting only to confer. 2. For that the Election was not free and due VVhereupon that Parliament was dissolved as void Upon which the Lord Mohun the 5 of February sent out new Sommons to the Maiors that they should reassemble such and such Persons as he named in his Warrant Who meeting together he perswaded fourteen of them against the Protestation of the other ten to impose the sum of 500l upon the Tinners towards the maintenance of their Liberties as he pretended and sent forth his Warrants to collect the Money sitting this Parliament VVhich the Tinners complained of in Parliament as a great Grievance and impeachment of their privilege and freedom of their elections and Parliaments and was so voted by the Commons House and the Lord Mohun thereupon summoned to answer the charge Whether the Fredom of many late Elections of Members for this Assemblie in Counties and Burroughs hath not been perverted hindered abolished by like Letters Menaces from Whitehall Major Generals Captains other Grandees by drawing up Troops of armed Souldiers to the places of Election to terrifie the peole enjoining such and such persons by prescribed Lists Letters and otherwise to be chosen such and such to be opposed and not elected as being persons disaffected turbulent unquiet Spirits c. and other indirect practices to make up a packed Court-Coventicle to carry on private designs instead of a New Free state Parliment is worthy the inquiry and censure of those whom it most concerns to preserve and vindicate the Free-dome of Elections long since established against such practices menaces force and terror by the Statute of 3 E. 1. c. 5. which enacts Because Elections ought to be free the King commanded upon great forfeiture that no great Man nor other by force of Arms or by malice or menacing shall disturb any to make free Election For violating which Law and antient custome the whole Parliament of 1. H. 4. rot Parliamenti nu 36. thus impeached King Richard the 2. when they enforced him to resign his Crown for his misgovernment in this particular amongst others That although by the Statute and Custome of his Realm in the Assembling of every Parliament his People in all Counties of his Realm ought to be free to choose and d●pute Knights for the said Counties to be present in Parliament and to declare their Grievances and to prosecute remedies thereupon as it should seem expedient to them Yet the said King that he might be able in his Parliaments more freely to obtain the effect of his rash will frequently directed his Mandates to his Sheriffs to cause certain persons nominated by the King himself as Knights of the County to come unto his Parliaments Which Knights verily favouring the King he might easily induce as he frequently did sometimes by divers Menaces and tenors and sometimes by Gifts to consent to those things which were prejudicial to the Realm and very burdensome to the People and specially to grant to the said King a Subsidy for certain years to the over-great oppression of his people Which misdemeanour and incroachment upon the freedom of his Subjects elections and packing of Parliaments for these ends lost him not only his peoples hearts but his very Crown Regal Power and life Which others who now tread in his footsteps and exceed him herein may do well advisedly to consider for fear of the like impeachment and tragical events In 11 R. 2. Rot. Claus. dors 13. The King sent Writs to the Sheriffs of Kent and all other Sheriffs to summon a Parliament with this New unusual clause by reason of the differences between the King and his Nobles Eligere homines in debatis modernis maxime indifferentes But this being a Novelty contrary to the Freedom of Elections and the Statute of 3 E. 1. c. 5. contraformam Electionis antiquit us usitatae et contra libertatem Dominorum et Communitatis regni hactenus obtentam Ideo therefore this clause was struck out of the Writs by order of Parliament ever since And that Parliament was afterwards repealed by the Parliament of 21 R. 2. When the Parliament of 6 H. 4. Anno 1404. was to be summoned the King by pretext of an Ordinance of 45 E. 3. rot Parl. n. 13. wrote Letters to the Sheriffs and other Officers * That no Lawyer should be chosen or returned a Knight or Burgesse for the Parliament yet inserted it not into the Writ as Walsingham and others mistake But the very next Parliament after 7 H. 4. the Commons grievously complained against the interruption of the Freedom of their Elections by these Letters Whereupon to prevent the like incroachment and int●rruption for the future at the grievous complaint of the Commons of the undue Election of the Knights of the Counties for the Parliament which be sometimes made at the affections of Sheriffs and otherwise against the form of the Writs to the great slauder of the Counties and hinderance of the businesse of the Comminalty in the said County it was ordained and establishid * by a special Act yet in force that all that attend to the Election of the Knights in the full County shall proceed to the Election freely and indifferently notwithstanding any Request or Commandement to the contrary By vertue of which Acts and premises all late Letters to Major Generals and Sheriffs with like or worser clauses to restrein the people in the freedom
of their Elections must be void and illegal In 18 H. 6. n. 18. A New Election and Writ was awarded and sent to tht Sheriff of Cambridge with proclamation That none should assemble with names to the New election nor intermeddle in it without warrant of Law the former election being vacated by reason of the force and disturbance Anno 38 H. 6. there was a Parliament summoned at Coventry on the 2. of November wherein divers Knights and Burgesses were returned by the Sheriffs nominated onely by the Kings Letters surreptitiously procured from him by divers seditious and other 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 Stacute 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 fome 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 likewise the sole making of Letters Missives and Processe in that Court for 3. Lives The Committee of Grievances 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 Lepton 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 execution 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 Leases 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 fee and intollerable vexation upon all sorts of people to their intollerable prejudice and vast expence of 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 Short Demurrer to the Iews long discontinued barred Remitter into England 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 expencè and oft times return at last with●ut 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 Assemblie 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 fol. 86. b. 17. They appointed a * special Committee to hear examine report punish the manifold complaints of the Counties and Corporations of England against the New exorbitant power and proceedings of Lieutenants and Deputy-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 billetting of Souldiers and
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
own Houses and both themselves and others to contribute towards the maintenance of them to the exceeding great disservice of you Majesty the general terror of all and utter undoing of many of your good people In so much as we cannot sufficiently recount nor in any sort proportionably to the sense we have of our present misery herein are we able to represent to your Majesty the innumerable mischiefs and most grievous exactions that by this means alone we do now suffer whereof we will not presume to trouble your sacred Ears with particular information Only most gracious Soveraign we beg leave to offer unto your gracious view and compassionate consideration a few of them in general 1. The service of Almighty God is hereby greatly ly hindered the * people in many places not daring to repair to their Churches lest in the mean time the Souldiers should rifle their Houses 2. The antient good Government of the Country is thereby neglected and almost contemned 3. Your Officers of Justice in performance of their Duties have been resisted and endangered 4. The Rents and Revenues of your Gentry are greatly and * generally diminished Farmers to secure themselves from the Souldiers insolence being by the clamour and sollicitation of their fearfull and endangered VVives and Children enforced to give up their antient dwellings and to retire themselves into places of more secure habitation 5. Husbandmen that are as it were the hands of the Country corrupted by ill example of Souldiers are * encouraged to idle life give over their work and seek rather to live idlely on other mens charges than by their own labours 6. Tradesmen and Artificers almost discouraged being enforced to leave their Trades and to imploy their times in preserving their families from violence and cruelty 7. Markets unfrequented and our waies grown so dangerous that your people dare not passe to and fro upon their usual occasions 8. Frequent Robberies Assaults Burglaries Rapes Rapines murders barbarous cruelties and other late most abominable vices and outrages are generally complained of from all parts where these companies have been and made their abode few of which insolencies have not been so much as questioned and fewer according to their demerit punished These and many other lamentable effects most dear and dread Soveraign have by this billetting of Souldiers already fallen upon your loyal Subjects tending no lesse to the dis-service of your Majesty than to their own impoverishing and distraction So that thereby they are exceedingly disabled to yield your Majesty those supplies for your urgent occasions which they heartily desire And yet they are more perplexed with the apprehensions of more approaching dangers One in regard of the Subjects at home the other of Enemies abroad In both which respects it seems to threaten no small calamity For the first the meaner sort of your People being exceeding poor whereof in many places are great multitudes and therefore in times most setled and most constant administration of Justice not easily ruled are most apt upon this occasion to cast off the reigns of Government and by themselves with those disordered Souldiers are very like to fall into mutiny and rebellion Which in faithful discharge of our Duties we cannot forbear most humbly to present unto your high and excellent Wisdom being possessed with probable fears that some such mischiefs will shortly ensue if an effectual and speedy course be not taken to remove them out of the Land or otherwise to disband those unruly Companies For the second we do humbly beseech your Majesty to take into your Princely consideration that many of those Companies besides their dissolute dispositions and carriages are such as professe themselves * Papists And therefore to be suspected that if occasion serve they will rather adhere to a forein Enemy if of that Religion than to your Majesty their Liege Lord and Soveraign especially some of their Commanders and Captains being as Papistically affected as themselves and having served in the wars on the part of the King of Spain or Arch-Dutchess against your Majesties Allies Which of what pernicious consequence it may prove and how prejudicial to the safety of all your Kingdom We humbly leave to your Majesties high and Princely Wisdom And now upon these and many more which might be alleged most weighty and important reasons grounded upon the maintenance of the worship and service of Almighty God the continuance of your Majesties high Honor and profit the-preservation of the antient and undoubted Liberties of your people and therein of justice industry and valour which concerns the glory and happinesse of your Majesty all your Subjects and the preventing of imminent Calamity and ruine both of Church and Common-wealth We your most humble and loyal Subjects the Knights Citizens and Burgesses of the House of Commmons in the name of all the Commonalty of your kingdom who are on this occasion most miserable disconsolate and afflicted prostrate at the Throne of your Grace and Iustice do most humbly and ardently beg for the present removal of this unsupportable Burthen and that your Majesty would be graciously pleased to secure us from the like pressure in time to come Which King Charls then did by the Petition of Right which I shall here insert because almost quite forgotten by most men like an old Almanack out of date especially by our Grandees To the Kings most excellent Majesty HUmbly sheweth unto our Soveraign Lord the King the Lords Spiritual and Temporal and Commons in this present Parliament assembled That whereas it is declared and enacted by a Statute made in the time of King Edward the 1. commonly called Statutum de Tallagio non concedendo That no Tallage or Aid shall be taken or levied by the King or his heirs in this Realm without the good will or assent of the Archbishops Bishops Earls Barons Knights Burgesses and other the Freemen of the Commonalty of this Realm And by an Authority of Parliament holden the 25 year of the reign of King Edward the 3d. it is declared and enacted That from thenceforth no person should be compelled to make any loans to the King against his will because such Loans were against reason and the Franchises of the Land And by other Lawes of this Realm it is provided That none shall be charged by any Charge or Composition called a Benevolence nor by any such like Charge By which Statutes before mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this freedom That they should not be compelled to contribute any Tax Tallage or Aid or other like Charge not set by common Assent by Act of Parliament Yet neverthelesse of late divers Commissions directed to sundry persons in several Counties with their instructions have issued by pretext whereof your people have been in divers places assembled and required to lend certain sums of mony to your Majesty And many of them upon their refusal so to doe have had an