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A56162 The first and second part of A seasonable, legal, and historicall vindication and chronological collection of the good old fundamentall liberties, franchises, rights, laws of all English freemen ... wherein is irrefragably evinced by Parliamentary records, proofs, presidents, that we have such fundamentall liberties, franchises, rights, laws ... : collected, recommended to the whole English nation, as the best legacy he can leave them / by William Prynne of Swainswick, Esquire.; Seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all English freemen. Part 1-2 Prynne, William, 1600-1669. 1655 (1655) Wing P3954; ESTC R19429 161,045 206

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a law to alter the property of the Subjects goods which is also against the Law In this and sundry other Arguments touching the Right of Impositions in the Commons House of Parliament by the Members of it arguing against them it was frequently averred and at last Voted and Resolved by the House 7. Jacobi That such Impositions without consent in Parliament were AGAINST THE ORIGINAL FVNDAMENTAL LAWS AND PROPERTY OF THE SVBJECT and Original Right Frame and Constitution of the Kingdome as the Notes and Journals of that Parliament evidence An expresse parliamentary Resolution in point for what I here assert 6. The sixth is A Conference desired by the Lords and had by a Committee of both Houses concerning the Rights and Priviledges of the Subject 3. Aprilis 4. Caroli 1628. entered in the Parliament Journal of 4. Caroli and since printed at London 1642. In the Introduction to which Conference Sir Dudley Digs by the Commons House Order used these expressions My good Lords whilest we the Commons out of our good affections were seeking for money we found I cannot say a ●ook of the Law but many A FVNDAMENTAL POINT THEREOF NEGLECTED AND BROKEN which hath occasioned our desire of this Conference wherein I am first commanded to shew unto your Lordships in general That the Laws of England are grounded on Reason more ancient than Books consisting much in unwritten Customs yet so full of Justice and true Equity that your most honorable Predecessors and Ancestors propugned them with a NOLVMVS MVTARI and so ancient that from the Saxons dayes notwithstanding the injuries and ruines of time they have continued in most parts the same c. Be pleased then to know THAT IT IS AN UNDOUBTED AND FUNDAMENTALL POINT OF THIS SO ANCIENT COMMON LAW OF ENGLAND THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS which doth preserve as sacred that MEVM and TVVM that is the Nurse of Industry and the Mother of Courage and without which there can be no Justice of which MEVM and TVVM is the proper object But the VNDOVBTED BIRTH-RIGHT OF FREE SVBJECTS hath lately not a little been invaded and prejudiced by pressures the more grievous because they have been pursued by IMPRISONMENT contrary to the Franchises of this Land c. Which the Commons House proved by many Statutes and Records in all ages in that Conference to the full satisfaction of the Lords House since published in print 7. The Seventh is The Vote the whole House of Commons 16. December 1640. Nullo contradicente entered in their Journall and printed in Diurnall Occurrences page 13. That the Canons made in the Convocation Anno 1640. ARE AGAINST THE FUNDAMENTAL LAWS OF THE REALM the Property and Liberty of the Subject the Right of Parliament and containe diverse things tending to Faction and Sedition Seconded in their Remonstrances of 15. December 1641. 8. The eight Authority is The Votes of both Houses of Parliament concerning the security of the Kingdome of ENGLAND and Dominion of Wales 15. Martii 1641. Ordered by the Lords and Commons in Parliament to be forthwith printed and published as they were then by themselves and afterwards with other Votes and Orders Resolved upon the Question nemine contradicente That in case of extream danger and his Majesties refusall the Ordinance agreed on by both Houses for the MILITIA to secure the Houses Members and Priviledges of Parliament and Kingdome against ARMED-VIOLENCE since brought upon them by the MILITIA of the Army doth obliege the people and ought to be obeyed by the FUNDAMENTAL LAWS OF THIS KINGDOME A very vain and delusory Vote if there be no such Law as some now affirm 9. The nineth punctuall Authority is a Second Declaration of the Lords and Commons assembled in Parliament concerning the Commission of Array Printed by their speciall Order of 12. January 1642. Wherein are these observable passages The main drift of all the answer is to maintain That the King by the Common Law may grant such a Commission of Array as this is upon this ground because it s for the Defence of the Kingdome And that the power which he hath to grant it by the Common law is not taken away by the Petition of Right or any former Statute but the King notwithstanding any of them may charge the Subject for Defence of the Kingdome so as the charge imposed come not to himself nor to his particular advantage These grounds thus laid extend not to the Commission of Array alone but to all other charges that his Ma●esty shall impose upon his Subjects upon pretence of Defence of the Kingdome for there is the same reason of Law for any other charge that is pretended for Defence as for this If his Majesty by the Common Law may charge his Subjects to finde Arms and other things in the Commission enjoyned because they are for Defence of the Kingdom by the same reason of Law he may command his People to build Castles Forts and Bulwarks and after to maintain them with Garrisons Arms and Victuals at their own charges And by the same reason he may compel his subjects to finde Ships and furnish them with Men Ammunition and Victuals and to finde Souldiers pay Coat and Conduct money provide victuals for Souldiers and all other things NECESSARY FOR AN ARMY these things being as necessary for Defence as any thing that can be done in execution of this Commission And for that exposition of the Petition of Right and other Statutes therein noted if it should hold doth it not overthrow as well the Petition it self at all other Laws that have been made for the subjects benefit against Taxes and other charges either 〈…〉 or any other Parliaments These Positions thus laid down and maintained Do shake the Fundamental Laws of the Kingdome the ancient Birth right of every Subject both for the Property of his Goods and Liberty of his Person Nay they strike at the root of Parliaments What need his Majesty call Parliaments to provide for Defence of the Realm when himself may compell his subjects to defend it without Parliaments If these grounds should hold what need the subjects grant subsidies in Parliament for Defence of the Kingdome in time of reall danger if the King for Defence at any times when he shall onely conceive or pretend danger may impose Charges upon his Subjects without their Consent in Parliament Upon that which hath been said in this and our former Declaration we doubt not but all indifferent men will be satisfied that this Commission of Array is full of danger and inconvenience to the Subjects of England AND AGAINST THE FUNDAMENTAL● LAWES OF THE LAND both for PROPERTY OF GOODS AND LIBERTY OF PERSON c. As it is against THE FUNDAMENTAL LAWS OF THE REALM so no statute makes it good c. And the Lords and Commons do upon the whole matter here conclude That they are very much aggrieved that