Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	parliament_n	power_n	sovereign_a	2,128	5	9.5338	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91291	A summary collection of the principal fundamental rights, liberties, proprieties of all English freemen; both in their persons, estates, and elections; and of the memorable votes, resolutions, and Acts of Parliament, for their vindication and corroboration, in the late Parliaments of 3 & 17 of King Charles; collected out of their Journals, and printed Ordinances. Most necessary to be known, considered, re-established (in this present juncture of publick affairs) with all possible old and new securities; against past, present, and future publick violations, under-minings, by force or fraud, for the much-desired healing of the manifold large mortal wounds in these chief vital parts, and repairing the various destructive subversive breaches in these prime foundations of our English state fabrick; without which no effectual present or future healing, union, peace, or settlement can possibly be expected, or established in our distracted nations. / By William Prynne of Swainswick Esq; a bencher of Lincolns Inne.	Prynne, William, 1600-1669.	1656 (1656)	Wing P4095; Thomason E892_3; ESTC R206517	46,699	73

wherewith your Majesty is trusted for the Protection Safety and Happinesse of your People The Commons after a long and full Debate resolved That this Saving ought to be rejected and by no means to be added to this Petition though very Specious in shew and words for that it would be destructive to the whole Petition and would leave the Subjects in farre worse condition than it found them For whereas the Petition recites That by the Great Charter and other Laws and Statutes of this Land No Loan Tax Tallage or other Charge ought to be imposed on the Subjects or levyed without common consent by Act of Parliament Nor any Freeman of this Realm imprisoned without cause shewed Nor any compelled to receive Souldiers or Mariners into their Houses against their wills Nor any man adjudged to death by Martial Law in times of Peace but only by the lawful trial of his Peers according to the established Lawes and Custom of the Realm This addition would make the Sense and Construction thereof to be That the King by his Ordinary power and Prerogative could impose no Loan Tax Tallage or other things upon his Subjects without their common consent by Act of Parliament Nor imprison any Freeman without cause shewed Nor billet any Souldiers or Mariners in mens Houses against their wills Nor condemn nor execute any Subject by Martial Law But yet by his Soveraign power wherewith he is intrusted for the Protection Safety and Happinesse of his people here left intirely to him he may when he saw cause and necessity impose what Loans Taxes Impositions and Charges he pleased on his people without common consent and Act of Parliament imprison them without cause shewed quarter Mariners and Souldiers in their houses against their wills and condemn execute them by Martial Law upon this pretext that it was for the Protection Safety and Happinesse of his people in general All which himself and his Council not the Judges and our Laws must determine And so this Addition if admitted would quite overturn the Petition it self the Great Charter and all other Acts recited in it and give an intimation to Posterity as if it were the opinion of the Lords and Commons in this Parliament that there is a trust reposed in the King upon some emergent cases and necessities to lay aside as well the Common Law as the Great Charter and other Statutes which declare and ratifie the Subjects Liberty and Property by his Soveraign power And so by consequence to enable him to alter the whole frame and fabrick of the Commonwealth and dissolve that Government whereby this Kingdom hath flourished for so many year under his Majesties most royal Predecessors Whereas in truth there is in the King no Soveraign Power or Prerogative royal to enable him to dispute with or take from his Subjects that Birthright and Inheritance which they have in their Liberties by virtue of the Common Law and these Statutes which are meerly positive and declarative conferring or confirming ipso facto an inherent Right and Interest of Liberty and Freedom in the Subjects of this Realm as a Birthright and Inheritance des●ended to them from their Auncestors and descendible to their Heirs and Posterity But the Soveraign power wherewith he is intrusted is only for the protection safety and happinesse of his people in preserving this their inherent Birthright and Inheritance of Liberty and Freedom and those Lawes and Statutes which ratifie and declare them Upon these and other reasons alleged by the Commons the Lords after three large Conferences agreed fully with the Commons and rejected this destructive Addition to the Petition of Right which the Lords and Commons in their * Declaration touching the Commission of Array January 16. 1642. to which many now in power were parties recite insist on and corroborated in Parliament as an undoubted truth If then the King by his absolute Soveraign power wherewith he was intrusted could upon no emergent occasion or necessity whatsoever violate elude evade subvert all or any of these fundamental Laws Liberties Rights and Inheritances of the Subject by the joynt unanimous resolution of the Lords and Commons in these two Parliaments of King Charles much lesse then may any other Person or Persons or new Powers do it who condemned him for a Tyrant and suppressed Kingship as tyrannical over-burdensome dangerous to the peoples Liberties Safety Prosperity upon any real or pretended Necessity or Emergency whatsoever Much lesse may any true English Parliament permit or enable them upon any pretence to do it in the least degree to the prejudice of Posterity after so many publick Parliamentary and Military conflicts for these Laws and Liberties The rather because that our Noble Ancestors would admit no Saving or Addition to the Great Charter or any Statutes for its confirmation that might any wayes impeach their Liberties Rights or Proprieties And when King Edward the 1. in the 28 year of his reign upon the Petition of the Lords and Commons granted a New Confirmation of their Charters and in the * close thereof added this Clause Salvo jure Coronae Regis That the right and prerogative of his Crown should be saved to him in all things Which the Lords most insisted on to justify the forementioned rejected Addition to the Petition of Right when it came to be proclamed in London the people hearing this Clause at the end thereof added by the King fell into execration for that Addition and the great Earls who went away ●atisfied out of Parliament hearing thereof went to the King and complained thereof who promised to redress it as Mr. Selden then informed the Commons house out of a Leiger Book of that year in the publike Library of the Vniversity of Cambridge Whereupon in the Statute Do Tallagio non concedendo 34 E. 1. the King to please his discontented Lords and Commons not only granted That no Tallage or Ayd should be taken or levied by us or our heirs in our Realm without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other Freemen of the Land c. 1. But likewise added c. 4. We will and grant for us and our Heirs That all Clerks and Lay-men of our Land shall have their Laws Liberties and Free Customes as they have used to have the same at any time when they had them best And if any Statutes have been made by us or our Ancestors or any Customs brought in contrary to them We will and grant That such manner of Statutes and Customs shall be void and frustrate for evermore Yea King Edward the 3. in pursuance thereof in the Parliament of 4● E. 3. c. 1. assented and accorded That the Great Charter and Charter of the Forest be holden and kept in all points And if any Statute he made to the contrary that shall he holden for none And c. 3 It is assented and accorded for the good Government of the Commons that no man be put to answer without

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

A SUMMARY COLLECTION Of the principal FVNDAMENTAL 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 Jer. 9. 21. Is there no Balm in Gilead is there no Physician there why then is not the health of the Daughter of my people recovered Jer. 51. 8. Take Balm for her pain if so be she may be healed 1 Chron 19. 13. Be of good courage and let us behave our selves valiantly for our people and for the Cities of our God and let the Lord do that which is good in his sight London Printed for the Author 1656. 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 wherewith 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 John Davis in his Epistle to his Irish Reports had written so much in justification of our Laws as would satisfie and silence allsoldiers 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 since calling to mind and considering that in the Parliament of 5 R. 2 rot Parl. n. 17 18. it was the resolution both of the Commons and Lords desiring redress of their publick G●ievances and oppressions * that Reformation alwaies ought to begin in the Head and so gradually from the Highest Members 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 Under-minings 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 skilfull 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 natural 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 all 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 not long since took in the presence of the most High God Angels and Men with hands lifted 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 thereof 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 native Country in pursuance of the Protestation and solemn League and Covenant lying still as sacred Bonds upon my conscience than 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 learnedest 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 sormerly made in them to the impoverishing oppressing enslaving

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

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

whatsoever as well Supreme as subordinate all Members of Parliament Barresters Attornies Graduates in our Universities Steward of Leets and Court-Barons throughout our Dominions should from time to time upon and at their investitures into their several Offices Trusts or taking their Degrees be corporally sworn To defend and maintain the Great Charter of England the Petition of Right and other Fundamental Lawes of this Land together with the antient undoubted Rights and Liberties of our English Parliaments according to their late Protestation and Solemn League and Covenant And that all Justices of Assize Judges and Justices of the Peace should specially be sworn at every Assizes and Sessions of the Peace in their respective Circuits Counties Corporations and the Justices of the Kings Bench every Term amongst other Articles to the Grand Iury to give them in charge upon their Oaths diligently to inquire of and present all Offences Exactions Oppressions Taxes Imposts and Grievances whatsoever against the Great Charter the Petition of Right and other Good Lawes for the preservation of the Liberty Right and Property of the Subject by any person or persons to the end that they may be exemplarily punished according to Law by Fines Imprisonments or otherwise as the quantity and quality of the Offences deserve It being the * Advice Desire Proposition and Petition of the whole Commons house first and after of the Lords and Commons house joyntly to King Charles in his last Parliament to which he readily assented though never since put into actual execution which is now most necessary to be effectually accomplished for the future having been so long neglected After these Votes and the Petition of Right passed several Impositions upon Wines Currans Tobacco Beer and the taking of Tonnage and Poundage without Act of Parliament being complained of it was by special Votes and Declarations of the Commons House resolved and declared in the same Parliament 8. e That the receiving of Tunnage and Poundage and other Impositions not granted by Parliament is * a breach of the fundamental Libberties of this Kingdom and contrary to his Majesties Regal answer to the Petition of Right And those declared Publick Enemies who should thenceforth collect or pay any Customes Tunnage Poundage or Imposts not granted by act of Parliament which was since enacted and declared for Law in the f two fi●st acts for Tunnage and Poundage in the last Parliament of King Charles and all those in a Premunire and disable● to sue in any Court of Justice who shall presume to levy the same without Act of Parliament The case of all Customers Excisemen and their Instruments at this present fit to be made presidents in this kind for the terror of others 9. A Commission from the King under the Great Seal of England directed to 33 Lords and privy Counsellors dated the last of Febr. 3 Caroli stiled g a Commission of Excise was complained of and brought into the Commons House and there read which commanded them to raise monies by Impositions or otherwise as they in their wisdoms should find convenient for the safety and defence of the King Kingdom and People the Kings Pro●estant Friends and Allies which without hazard of all could admit no delay the necessity being so inevitable that form and circumstances must rather be dispensed with than substance lost Injoyning the Commissioners to be diligent in the service as they tendred the safety of his Majesty and of his People Dominions and Allies This Commission of Excise by the unanimous Vote and judgement of the Lords and Commons was resolved to be against Law and contrary to the Petition of Right And thereupon was cancelled as such in his Majesties presence by his own command and was brought cancelled to the Lords House by the Lord Keeper and by them afterwards sent to the Commons and the Warrant with all Inrollments of it were cancelled and ordered by the Commons that the Projector of it should be found out and punished Which judgement h was thrice recited confirmed and insisted on by the Lords and Commons and some in greatest present power the last Parliament of King Charls in printed Speeches and Declarations And if this intended Commission of Excise though never executed was thus frequently damned as an intollerable and monstrous Grievance against our Laws Properties and the Petition of Right How much more are all present Orders Commissions Warrants for the actual imposing and levying all sorts of Excises on such without any act of Parliament X. The Commons House in that Parliament upon solemn Argument and Debate concluded That by the Laws of this Realm none of his Majesties Subjects ought to be impressed or compelled to goe forth of his County to serve as a Souldier in the Wars * except in case of necessity of the sudden comming in of strange Enemies into the Kingdom or except they be otherwaies bound by the Tenures of their Lands or possessions Nor yet sent out of the Realm against his Will upon any forein imployment by way of an honorable banishment Which Resolution in the last Parliament of King Charles was enacted and declared to be the Law of the Land and fundamental Liberty of the Subject by the i Act for impressing Souldiers for Ireland by two Declarations of the Lords and Commons against the Commission of array and assented to by the King in his answer thereunto All which unanimous Votes Resolutions of both Houses having been successively ratified in two several Parliaments in King Charles his Reign whereof some in present Power were Members and enacted by several Statutes assented to by King Charles himself it must needs be the extremity of Impudency Tyranny Treachery Impiety Perjury Barbarism for any who have formerly contested with him in our Parliaments or in the open field for all or any of these premised Fundamental Rights and Liberties of all English Freemen and who vowed protested covenanted remonstrated again and again before God and all the World inviolably faithfully constantly to defend them with their Lives and Fortunes all their daies in their several places and callings and who beheaded him as the Greatest Tyrant together with Strafford and Canterbury for infringing them to oppose contradict violate or infringe them all in a more transcendent publike manner than he or his worst Ministers formerly have done and now not really chearfully to corroborate defend transmit them to posterity in full vigor by all good wayes and corroborations that possibly can be devised without the least opposition and dispute to make the Nation free and their own posterity together with it XI After the Petition of Right had passed the Commons House and was transmitted to the Lords the House of Lords desired that this Clause might be added to the close thereof We humbly present this Petition to your Majesty not only with a Care of Preservation of our own Liberties but with a due regard to leave intire that Soveraign Power

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