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

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without cause shewed Nor any compelled to receive Souldiers or Mariners into their Houses against their wills Nor any man adjudged to death by Martial Law in times of Peace but only by the lawful trial of his 〈◊〉 according to the established Lawes and Custom of the Realm This addition would make the Sense and Construction thereof to be That the King by his Ordinary power and Prerogative could impose no Loan Tax Tallage or other things upon his Subjects without their common consent by Act of Parliament Nor imprison any Freeman without cause shewed Nor billet any Souldiers or Mariners in mens Houses against their wills Nor condemn nor execute any Subject by Martial Law But yet by his Soveraign power wherewith he is int●…usted for the Protection Safety and Happinesse of his people here left intirely to him he may when he saw cause and necessity impose what Loans Taxes Impositions and Charges he pleased on his people without common consent●… and Act of Parliament imprison them without cause shewed quarter Mariners and Souldiers in their houses against their wills and condemn execute them by Martial Law upon this pretext that it was for the Protection Safety and Happinesse of his people in general All which himself and his Council not the Judges and our Laws must determine And so this Addition if admitted would quite overturn the Petition it self th●… Great Charter and all other Acts recited in it and give an intimation to Posterity as if it were the opinion of the Lords and Commons in this Parliament that there is a trust reposed in the King upon some emergent cases and necessities to lay aside as well the Common Law as the Great Charter and other Statutes which declare and ratifie the Subjects Liberty and Property by his Soveraign power And so by consequence to enable him to alter the whole frame and fabri●…k of the Commonwealth and dissolve that Government whereby this Kingdom hath flourished for so many year under his Majesties most royal Predecessors Whereas in truth there is in the King no Soveraign Power or Prerogative royal to enable him to dispute with or take from his Subjects that Birthright and Inheritance which they have in their Liberties by virtue of the Common Law and these Statutes which are meerly positive and declarative conferring or confirming ipso facto an inherent Right and Interest of Liberty and Freedom in the Subjects of this Realm as a Birthright and Inheritance descended to them from their Auncestors and descendible to their Heirs and Posterity But the Soveraign power wherewith he is intrusted is only for the protection safety and happinesse of his people in preserving this their inherent Birthright and Inheritance of Liberty and Freedom and those Lawes and Statutes which ratifie and declare them Upon●… these and other reasons alleged by the Commons the Lords after three large Conferences agreed fully with the Commons and rejected this destructive 〈◊〉 to the Petition of Right which the Lords and Commons in their * Declaration touching the Commission of Array January 16. 1642. to which many now in power were parties recite insist on and corroborated in Parliament as an undoubted truth If then the King by his absolute Soveraign power wherewith he was intrusted could upon no emergent occasion or 〈◊〉 whatsoever violate elude evade subvert all or any of these fundamental Laws Liberties Rights and Inheritances of the Subject by the joynt unanimous resolution of the Lords and Commons in these two Parliaments of King Charles much lesse then may any other Person or Persons or new Powers do it who condemned him for a Tyrant and suppressed Kingship as tyrannical over burdensome dangerous to the peoples Liberties Safety Prosperity upon any real or pretended Necessity or Emergency whatsoever Much lesse may any true English Parliament permit or enable them upon any pretence to do it in the least degree to the prejudice of 〈◊〉 after so many publick Parliamentary and Military conflicts for these Laws and Liberties The rather because that our Noble Ancestors would admit no Saving or Addition to the Great Charter or any 〈◊〉 for its confirmation that might any wayes impeach their Liberties Rights or Proprieties And when King Edward the 1. in the 28 year of his reign upon the Petition of the Lords and 〈◊〉 granted a New Confirmation of their Charters and in the * close thereof added this Clause Salvo 〈◊〉 Coronae Regis That the right and prerogative of his Crown should be saved to him in all things Which the Lords most insisted on to justify the forementioned rejected Addition to the Petition of Right when it came to be proclamed in London the people●… hearing this Clause at the end thereof added by the King fell into execration for that Addition and the great Earls who went away satisfied out of Parliament hearing thereof went to the King and complained thereof who promised to redress it as Mr. Selden then informed the Commons house out of a Leiger Book of that year in the publike Library of the Vniversity of Cambridge Whereupon in the Statute De Tallagio non concedendo 34 E. 1. the King to please his discontented Lords and Commons not only granted That no Tallage or Ayd should be taken or levied by us or our heirs in our Realm without the good will and assent of the Archbishop Bishops 〈◊〉 Barons Knights Burgesses and other Freemen of the Land c. 1. But likewise added c. 4. We will and grant for us and our Heirs That all Clerks and Lay-men of our Lvnd shall have their Laws Liberties and Free Customes as they have used to have the same at any time when they had them best And if any Statutes have been made by us or our Ancestors or any Customs brought in contrary to them We will and grant That such 〈◊〉 of Statutes and Customs shall be void and frustrate for evermore Yea King Edward the 3. in pursuance thereof in the Parliament of 42 E. 3. c. 1. assented and accorded That the Great Charter and Charter of the Forest be holden and kept in all points And if any Statute be made to the contrary that shall be holden for none And 〈◊〉 3 It is assented and accorded for the good Government of the Commons that no man be put to answer without Present 〈◊〉 before Justices or matter of Record or by due Process and writ original according to the old Law of the Land And if any thing from henceforth be done to the contrary it shall be void in the Law and holden for Errour And therefore we all jointly and severally expect and claim the like Declaration and Resolution in all these particulars being assented to by King Charls himself in the Petition●… of Right and by these antient Warlike Kings and true English Parliaments from whose vigilancy magninamity unaminity zeal courage in defence of the●…e our fundamental Charters Laws Rights Liberties we should now be ashamed to degenerate after so many years wars and vast
Gentry and Commons of the realm of chiefest rank hazarded their estates bloud lives in the field as well as the Army-Officers to preserve and enjoy the forementioned fundamental Laws Liberties Rights and Properties which we hope no true-bred English Freeman or Swor●…man whatsoever can have the hearts or faces to deny unto us against all their former Protestations Remonstrances Vows Oaths Covenants Engagements both to God and the English Nation for fear of being made shorter by the head as the most perfidious Traytors or rolled into their graves in bloud by the over-oppressed●… enraged people as the most insolent oppressing Tyrants yea tumbled headlong into Hell flames for all eternity Soul and Body by God himself as the most perjured execrable Hypocrites and Impost●…rs that ever England bred Gal. 5. 1 13 14 15. Stand fast therfore in the Liberty wherewith Christ hath made us free and be not intangled again with the yoke of Bondage For Brethren ye have been called unto Liberty only use not Liberty for an occasion to the flesh but by love serve one another For all the Law is fulfilled in one word even this Thou shalt love thy Neighbour as thy self But if ye bite and devour one another take heed that ye be not consumed one of another An Appendix to the Premises IT hath been the antient Pl●…t and long agitated design of Robert Parsons and other Iesuites and their Instruments under pretext of reforming the Common Laws and Statutes of England to alter subvert abolish the Great Charter Common fundamental Laws of the Land and principles of Government whereon the Iustice of the Kingdom and Liberty and Property of the Subjects are established as I have irrefragably proved at large by R●…bert Parsons his Memorial for Reformation of England written at Sevil in Spain An. 1590. by William Watson a seminary Priest his Quodlibets printed 1601. p. 92 94 95 286 330 332. A Dialogue between a secular Priest and a Lay-Gentleman printed at Rhemes 1601. p. 95. William Clark a Roman Priest his Answer to the manifestation of Father Parsons p. 74 75. Robert Parsons own manifestation of the folly and bad ●…pirit of certain in England calling themselves Secular Priests f. 55. to 63. Mr. Thomas Smith his Preface to Mr. Iohn Daillae his Apology for the Reformed Churches Cambridge 1653. p. 12 13 c. The Declaration of the whole House of Commons 15. Decemb. 1641. Exact Collection p. 3 4. Ludovicus Lucius Historia 〈◊〉 p. 318 319 535. and other Evidences in my Epistle to A seasonable Legal and Hist●…rical●… Vindication of the good old fundamental Liberties Rights Laws of all English Freemen and to A New Discovery of Free-State Tyranny to which for Brevity I refer the Reader That it hath been the Souldiers and Anabaptists design endeavour to put this their Iesuitical Plot against our Laws in execution under pretext of reforming the corruptions in the Law and Lawyers by the Tutorship of the disguised Iesuites swarming amongst us and having a Consistory and Councel abroad that Rules all the affairs of the things of England as their own General O. Cromwell himself avers in positive terms to all our three Nations and the world in his printed Speech in the painted Chamber September 4. 1654. p. 16 17. I have there likewise demonstrated and is so experimentally visible to all men by their frequent Consultations Committees Treatises Discourses Votes and Instruments set on work to regulate our Laws that it needs do further proof The excellently connatural●…ess conveniency of the Laws of England to Englishmens tempers is so fully expressed demonstrated by Fortescue in his Book De laudibus Legum Angliae Glanvill Britton and others of antient and by Sir Iohn Davies in his Epistle to his Irish Reports Sir Edward Cook in his Epistles to his Reports Institutes with others of later times by the very New Modellers of our old hereditary Kingdom into a puny Free-State in their Remonstrance of March 17. 1648. and by Mr. Iohn Pym and Mr. Oliver Saint-John in their late Parliamentary Speeches printed by the Commons House special Orders that I shall not spend waste-paper to commend them being the most excellent Laws of all others in the world as they all unanimously resolve I shall only adde to their Encomiums of them That the extraordinary care diligence of our Ancestors and all our Parliamentary Councels in former ages to maintain ●… preserve defend and transmit to posterity those good old Laws we now do or should enjoy with the last long Parliaments impeaching beheading Strafford and Canterbury for Arch-traytors for endeavouring to subvert them with their innovations on the one side and the late King and his Partisans on the other side in above * * In the Coll●…ctions of 〈◊〉 printed by both Houses orders 500 printed Declarations Orders Ordinances Proclamations Remonstrances that the principal end of all their consultations arms wars taxes Impositions expences of infinite Treasure and Bloud in all the unhappy contests against each other was inviolably to defend maintain our Laws and the Subjects Liberties secured by them as their best Patrimony Birthright and Inheritance the inserting thereof into all their Generals and Military Officers Commissions and all Ordinances to raise monies for the Armies pay is an unswerable evidence of their transcendent excellency utilility preciousnesse value esteem in the eyes of our Parliament and whole Nation And a convincing Discovery of the Iesuitical Infatuation folly frenzy treachery of those Swordmen and their Confederates who now revile traduce and endeavour all they may to reform alter subvert those very Laws and Liberties which they were purposely commissioned waged engaged inviolably to defend both by the Parliament and People and for which end they formerly professed declared in many printed * * Printed 1647. Romonstrances of their own they fought and hazarded their lives in the field yet now would conquer and trample under feet as if they had only fought against them and our hereditary L●…berties confirmed by them I must confess there are some few Grievances Abuses not in the Theory but Practice of our Laws introduced by dishonest Attorneys and Sollicitors for the most part fit to be redressed by the Iudges of the Law as some of them have been upon complaint ●… which I my self had many years since reformed as I told M●… Shepheard upon his fore mentioned motion to me had not those Army-men violently pulled me with other Members out of the 〈◊〉 and interrupted the settlement peace liberty ease from taxes excise●… 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
DEMOPHILOS OR THE ASSERTOR OF THE Peoples Liberty PLAINLY Demonstrating by the Principles even of Nature it self and by the Primitive Constitutions of all Governments since the Creation of the World That the very Essence and the Fundamental of all Governments and Laws was meerly the safety of the People and the 〈…〉 ancement of their Rights an●… 〈…〉 erties To which is added 〈◊〉 General Consent of all Parliaments in the 〈◊〉 and the Concurrence of threescore and two 〈◊〉 since first this Island was visible in earnest and 〈…〉 merce with other Nations hath been 〈◊〉 〈◊〉 〈◊〉 and Neglect By William Prynne 〈◊〉 Bencher of Lincolns-Inne LO●…DON Printed for Francis 〈◊〉 in the Old-Baily 1658. To the imprejudiced Reader BEing importunately solicited by Mr. VVilliam Shepheard a Lawyer specially imployed by some Swordmen and Grandees at VVhitehall from whence he came to visit me at my Study in Lincolns Inne within two daies after their resolution to call a new Assembly at VVestminster ●…herewith he acquainted me to regulate the abuses in the execution of our Laws that I would consider of such abuses of this Nature as I had observed for him to present to that Assembly to be reformed by them being one chief end of their meeting which I then informed him I had no time to do being ready to take my Journey into the Country and that Sir Iohn Davis in his Epistle to his Irish Reports had written so much in justification of our Laws as would satisfie and silence all soldiers and others that ignorantly censured them He thereupon desired me at my vacant times to consider of this his motion in the Country for the publick good Which I ●…nce calling to mind and considering that in the Par●…iament of 5 R. 2 〈◊〉 Parl. n. 17 18. it was the re●…olution both of the Commons and Lords 〈◊〉 redress of their publick Grievances and oppressio●…s * that Reformation 〈◊〉 ought to begin in the Head and so gradually from the Highest 〈◊〉 to the Feet and that it will be both●… bootlesse impolitick and ridiculous for any publick or private State-Physicians or Reformers to spend their time and pains only to cure some small scratches or cuts in the toes or fingers or breaches in the tyles or seeling of our State and Laws as some Mountebancks and Pseudo-politicians now do and in the mean time to overpasse neglect if not increase dilate the large deadly wounds in the very Head Heart Vital Parts and most dangerous Breaches Underminings in their very Foundations which threaten present death and suddain Ruine to the whole Body of our State Laws Nation if not speedily healed repaired with all possible care and diligence by the most skillfall Artists and Philopaters sufficiently qualified for such a desperate difficult publick cure Repair and with sincere self-denying publick spirits couragiously addressing themselves with all their skill might to this necessary Heroick work And withall observing that there can be no health ease rest quiet but perpetual pain languishing consumption torture decay in the Body politick of our Nation as in the Body n●…tural so long as there is any dislocation fraction convulsion wound malady in the Bones Nerves Arteries or chief Parts and members thereof And then remembring that serious Protestation and solemn League and Covenant which I my self ●…ll members of the late Parliament most Persons in late power and the generality of all the well-affected people to publick Laws Liberty Justice Religion in our three Kingdomes 〈◊〉 long since took in the presence of the most High God Angels and Men with hands li●…ted●… up to Heaven and then subscribed with those hands That they shall with sincerity reality and constancy in their several Vocations endeavour with their Estates and lives mutually to preserve the Rights Privileges Laws and Liberties of the Parliaments and Kingdomes of England Scotland and Ireland c. And in this common cause of Liberty and peace of the Kingdomes assist and defend all those that enter into this League and Covenant in the maintaining and pursuing ther●…of and not suffer themselves directly or indirectly by whatsoever combination perswasion or terror to be divided or withdrawn from this blessed union c. but shall all the daies of their lives zealously and constantly continue therein against all opposition and promote the same according to their power c. which Solemn League and Covenant I find subscribed in * print by VVilliam Lenthal Speaker Robert Nicholas Gilbert Pickering Oliver Cromwell Philip L. Lisle VVilliam Ellis Oliver Saint-John Miles Corbet John Lisle Francis Rous Nathaniel Fyennes Edmund Prideaux John Glynn Bulstrode VVhitelocke Edward Montagu and others in greatest present power and imployments whom I desire now to remember and perform the same effectually as they shall answer the contrary at that great day when the secrets of all hearts shall be disclosed according to those their printed subscriptions thereof for all the good ends therein prescribed I●… thereupon apprehended I could not perform a more seasonable acceptable or beneficial service to my naaive Country in pursuance of the Protestation ●…nd solemn League and Covenant lying still as sacred Bonds upon my conscience that to draw up this summary Collection of the principal fundamental hereditary Rights Liberties Properties of all English Freemen both in relation to their Persons Estates and free-Elections most mortally wounded more dangerously under-mined shaken subverted by force and fraud of late years since our Parliamentary and Military contests for their defence to the vast effusion of our Treasures and Blood by some who were most deeply engaged in their Protection and preservation than in the very worst of former ages under our late or antient Kings in every particular branch And of the several memorable Votes Resolutions Declarations and Acts of Parliament for their Vindication and Corroboration in the happy Parliament of 3 Caroli remembred and ratified likewise in the last Parliament of King Charles as the most soveraign Balm the most effectual materials prepared applyed by the l●…arnedest skilfullest wisest State-Physicians and Builders in those Parliaments to heal and close up the mortal wounds the perilous Breaches our late Kings * Jesuitical arbitrary tyrannical ill-counsellors and other Viperous self-seeking projectors had formerly made in them to the impoverishing oppressing enslaving of the People and endangering the utter subversion both of our Fundamental Laws Liberties Properties ●… Government Parliaments Kingdomes Religion now in a more desperate deplorable condition than ever unless speedily revived by the fresh application of these healing Cordials reunited repaired supported with these sementing Ingredients by some expert active Chirurgians and Master-builders to whom I humbly recommend them as a brief Corollary to the first and second part of my seasonable legal and Historical Vindication and Collection of the good old fundamental Liberties Franchises Rights Laws of all English Freemen till God shall enable me to compleat the remaining parts thereof in their Chronological series of time the best
such and so many M●…mbers of both or either House may be take●… out of it at any time by any persons to serve a torn and to make a major part o●… 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 ●…ause to believe that the People of England knowing that their Lives and Fortunes are bound up in this B●…ndle will venture their Lives and Fortunes in this Quarr●…l Accursed and for ever exe●…rated then let all those Sword-men and Innovators be who by any Matchiavilian Policie●… Eugines or Instruments whatsoev●…r shall endeavour to deprive the Parliaments and People of England of thi●… their antient ess●…ntial Privilege and Freedom●… 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 os 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 ●…o 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 a●…ording to the late Act for tri●…nial 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 Dr. Manw●…ring 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 pe●…il 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 positioris 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 * Instrurnents 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 Coun●…y For that some of them being Deputy-Lieutenants and others of them Justices of Peace of the County of Co●…nwal 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 yo●… 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 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 freedome of the election of the Knights of that County and thereupon thus censured by the House On the 38 of the same May 1628. Sir John Eliot reported from the Committee sundry complaiuts against the Lord Mohun Vice-warden of the Stanneries in Cornwal by the Tinners of that County whereof this