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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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the Peace in their respective Circuits Counties Corporations and the Justices of the Kings Bench every Term amongst other Articles to the Grand Iury to give them in charge upon their Oaths diligently to inquire of and present all Offences Exactions Oppressions Taxes Imposts and 〈◊〉 whatsoever against the Great Charter the Petition of Right and other Good Lawes for the preservation of the Liberty Right and Property of the Subject by any person or persons to the end that they may be exemplarily punished according to Law by Fines Imprisonments or otherwise as the●… quantity and quality of the Offences deserve It being the * Advice Desire Proposition and Petition of the whole Commons house first and after of the Lords and Commons house joyntly to King Charles in his last Parliament to which he readily assented though never since put into actual execution which is now most necessary to be effectually accomplished for the future having been so long neglected After these Votes and the Petition of Right passed several Impositions upon Wines Currans Tobacco Beer and the taking of Tonnage and Poundage without Act of Parliament being complained of it was by special Votes and Declarations of the Commons House resolved and declared in the same Parliament 8. (e) That the receiving of Tunnage and Poundage and other Impositions not granted by Parliament it * a breach of the fundamental Libberties of this 〈◊〉 and contrary to his Majesties Regal answer to the Petition of Right And those declared Publick Enemies who should thenceforth collect or pay any Customes Tunnage Poundage or Imposts not granted by act of Parliament which was since enacted and declared for Law in the (f) two 〈◊〉 acts for Tunnage and Poundage in the last Parliament of King Charles and all those in a Premunire and disablea to sue in any Court of Justice who shall presume to levy the same without Act of Parliament The case of all Customers Excisemen and their Instruments at this present fit to be made presidents in this kind for the terror of others 9. A Commission from the King under the Great Seal of England directed to 33 Lords and privy Counsellors dated the last of Febr. 3 Caroli stiled (g) a Commission of Excise was complained of and brought into the Commons House and there read which commanded them to 〈◊〉 〈◊〉 by Impositions or otherwise as they in their wisdoms should find convenient for●… the safety and defence of the King Kingdom and People the Kings Protestant Friends and Allies which without hazard of all could admit no delay the necessity being so inevitable that form and circumstances must rather be dispensed with than substance lost Injoyning the Commissioners to be diligent in the service as they tendred the safety of his Majesty and of his People Dominions and Allies This Commission of Excise by the unanimous Vote and judgement of the Lords and Commons was resolved to be against Law and contrary to the Petition of Right And thereupon was cancelled as such in his Majesties presence by his own command and was brought cancelled to the Lords House by 〈◊〉 Lord Keeper and by them afterwards sent to the Commons and the Warrant with all 〈◊〉 of it were cancelled and ordered by the Commons that the Prejector of it should be found out and punished Which judgement (h) was thrice recited confirmed and insisted on by the Lords and Commons and some in greatest present power the last Parliament of King 〈◊〉 in printed Speeches and Declarations And if this intended Commission of Excise though never 〈◊〉 was thus frequently damned as 〈◊〉 intollerable and monstrous Grievance against our Laws Properties and the Petition of Right How much more are all present Orders Commissions Warrants for the actual imposing and levying all sorts of Excises on such without any act of 〈◊〉 X. The Commons House in that Parliament upon solemn Argument and Debate concluded That by the Laws of th is Realm none of his Majesties Subjects ought to be impressed or compelled to goe forth of his County to serve as a Souldier in the Wars except in case of necessity of the sudden comming in of strange Enemies into the Kingdom or except they 〈◊〉 otherwaies bound by the Tenures of their Lands or possessions Nor 〈◊〉 sent out of the Realm against his Will upon any forein●… imployment by way of an honorable banishment Which Resolution in the last Parliament of King Charles was 〈◊〉 and declared to be the Law of the Land and fundamental Liberty of the Subject by the (i) Act for impressing Souldiers for Ireland by two D clarations of the Lords and Commons against the Commission of array and assented to by the King in his answer thereunto All which unanimous Votes Resolutions of both Houses having been 〈◊〉 ratified in two several Parliaments in King Charles his Reign whereof some in present Power were Members and enacted by several Statutes assented to by King Charles himself it must needs be the extremity of Impudency Tyranny Treachery Impiety Perjury Barbarism for any who have formerly contested with him in our Parliaments or in the open field for all or any of these premised Fundamental Rights and Liberties of all English Freemen and who vowed protested covenanted remonstrated again and again before God and all the World inviolably faithfully constantly to defend them with their Lives and Fortunes all their daies in their several places and callings and who beheaded him as the Greatest 〈◊〉 together with Strafford and C 〈◊〉 for infringing them to oppose contradict violate 〈◊〉 infringe them all in a more transcendent publike manner than he or his worst Ministers formerly have done and now not really chearfully to corroborate defend transmit them to posterity in full vigor by all good wayes and corroborations that possibly can be devised without the least opposition and dispute to make the Nation free and their own posterity together with it XI After the Petition of Right had passed the Commons House and was transmitted to the Lords the House of Lords desired that this Clause might be added●… to the close thereof We humbly present this Petition to your Majesty not only with a Care of Preservation of our own Liberties but with a due regard to leave intire that Soveraign Power where with your Majesty is trusted for the Protection Safety and Happinesse of your People The Commons a●…ter a long and full Debate resolved That this Saving ou●…ht to be rejected and by no means to be added to this Petition though very Specious in shew and words for that it would be destructive to the whole Petition and would leave the Subjects in farre worse condition than it found them For whereas the Petition recites That by the Great Charter and other Laws and Statutes of this Land No Loan Tax Tallage or other Charge ought to be imposed on the Subjects or levyed without common consent by Act of Parliament Nor any Freeman of this Realm imprisoned
inform●…tion Only most gracious Soveraign we beg leave to offer unto your gracious view ●… and 〈◊〉 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 place●… 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 peopl●… dare not passe to and fro upon their usual occasions 8. Frequent Robberies Assaults Burglaries Rapes Rapines murders barbarou●… 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 t●… 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 p●…rplexed with the apprehensi●…ns 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 se●…led and most constant administration of Justice not easily ruled are most a●…t upon this occasion to cast off the reigns of Government and by themselves with those disordered Souldiers are very like to ●…all into mutiny and rebellion Which in faithful discharge of our Duties we cannot forbear most humbly to present ●…nto your high and excellent Wisdom being possessed with probable fears that some such mischie●…s 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 bese●…ch your Majesty to take into your Princely consideration that m●…ny 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 espe●…ially 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 Maj●…sties high and Princely Wisdom A●…d now upon these and many more which might ●…e alleged most weighty and important reasons grounded upon the maintenance of the worship and service of Almighty God the continua●… of your Majesties high H●…nor 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 preven●…ng 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 Commons 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 enácted by a Statute made in the time of King Edward the I. commonly called 〈◊〉 de Tallagio non concedendo That no Tallage or ●…id shall be taken or levied by the King or his 〈◊〉 in this Realm without the good will or assent of th●● 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 Oath not warranted by the Laws and Statutes of this Realm administred unto them and h●…ve been constrained to become bound to make appearance and to give attendance before your Privy Counsel at London and in other places and others of them have been therefore imp●…isoned confined and certain otherways molested and disquieted And divers other charges have been laid and levied upon your people in several Counties by Lord Lieutenants Deputy Lieutenants Commissioners for Musters Justices of Peace and others by command or direction from your Majesty or
of Richard the first who placed in every County armed Troops of Mercinary Souldiers under New Governors of his 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 sham●…lly stript of all his Authority and forced to flye over Sea disguised in womens apparel within one year after not withstanding all his Guards or Gar●…isons or of the (p) Turkish 〈◊〉 and Beglerbegs as most Patriots of thei●… Countries Freedome and the ordinary people mutter and their exorbitant Tyrannical proceedings in apprehending taxing decimating dis-officing dis-franchising and sequeltring all sorts of men in Counties and Corporations at their pleasure in controuling all Officers and Ministers of Justice in intermedling with all mensutes 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 Patrons of English Liberties and Declamers Engagers against arbitrary Tyranny yea to●… the Consciences of all those army Officers Sculdiers and Major Generals themselves to resolve who were penners subscribers approvers applauders of or assenters to the printed Engagements Remonstrances Representations Proposals Desires Letters and Resolutions for s●…ling this Nation in its just Rights the Parliament in their just Privileges and the Subjects n their just Liberties and Freedoms published 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 〈◊〉 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 L●…berty Peace and Christia●… Unity without more effusion of English Scotish or Irish bloud to regain those just fundamental old Rights Liberlies 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 Whit●…all 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 P●…ition 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 case 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 ter●…ifie seize imprison Guard oppresse enthrall impoverish di●…-inherit of all hereditary Liberties rights privileges our English Freemen at their pleasures and to over-awe force dissolve even Parli●…ments 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 mann●…r 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. a●… 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 thu●… petitioned To the Kings most excellent Maj●…sty IN all humblenesse complaining sheweth unto your m●…st Excellent Majesty your loyal and dutiful C●…mons now in Parliament Assembled That 〈◊〉 as by the Fundamental Laws of this your Realm ver●… 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 par●…icular A new and almost unheard ●…f way hath been invented and put in practice to l●…y 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 ●…f 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 〈◊〉 we cannot su●…iciently recount nor in any sort proportionably to the sense we have of ou●… present misery herein are we able to represent to your Majesty the innumerable mischi●…fs and most grievous exactions that by this means alone we do now suffer whereof we will not p●…sume to trouble your sacred Ears with particular
Legacy I can leave behind me to my Native Country and the whole English Nation whose real Liberty VVeal Tranquillity Prosperity next to Gods glory and the safety of our endangered Church and Religion hath been the sole scope end of this and all other his publications who though ingratefully despitefully requited for most of them would repute it his greatest infelicity to be enforced or hear other Cordial State-Physicians compelled now at last to say of England as Gods people once did of Babylon Jer. 51. 8 9 10. Babylon is suddenly fallen and destroyed howle for her take balm for her pain If so be she may be healed VVe would have healed Babylon but she is not healed forsake her and let us go every one into his own Country for her judgment reacheth unto Heaven ●… and is lifted up even to the Skies Yet the Lord hath brought forth our righteousnesse as he hath maugre all Enemies Oppositions Slanders the righteousnesse of him who desires thy kind acceptation of this Breviary and prayers for Gods blessing upon this and all other his real endeavours for sick desperately-wounded Englands cure Swainswick Septemb. 6. 1656. William P●…nne A Summary Collection of the principal fundamental Rights Liberties Properties of all English-Freemen c. THe Liberty of the Subjects Persons having in the three first years of our late King Charles his Reign been very much invaded endangered undermined 1. By Imprisonment of their Persons by the Lords of the Council without any special Legal cause assigned in the Warrants for their commitment but only the Kings command 1. By honorable banishments upon pretence of forein imployments 3. By confinements to particular places 4. By remanding and not bayling them by the Judges upon Habeas Corpora sued forth by them 5. By Commissions for Trials of Souldiers and others for their live by Martial Law in times of peace when other Courts of Justice were open and the like The properties of their Goods and Estat●…s being likewise much encroached upon and in a great measure subverted 1 By forced Loans and contributions 2. By Lieutenants and Deputy-Lieutenants exorbi●… Powers and new rates taxes imposed on and forced from them without grant in Parliament for billeting Souldiers and quartering Souldiers in mens Houses●… against their wills till they paid those rates 3. By exacting Tunnage Poundage New customes and impositions without special grant and act of Parliament 4. By an intended Commission of Excise never put in execution and other particulars of like nature And the Liberty of their Free-elections much impeached by Lieutenants and others Letters menaces summoning of trained Bands to elections and the like indirect courses Whereupon the Parliament begun on Monday 17 Martil 3 Caroli in the year of our Lord 1627 to vindicate these their infringed Liberties properties freedomes and preserve them from future violations of this nature after many learned Arguments by Sir Edward Cook Mr. Noy Mr. Selden Mr. Littleton Mr. Masen Mr. Creswel Mr. Shervile Mr. Sherland Mr. Bancks Mr. Rolls Mr. Ball with other Lawyers and able Members of the Commons House passed their 〈◊〉 Votes against them Nemine centradicente fit now to be revived re-established after more dangerous avowed publick Violations of our hereditary Fundamental Liberties Properties by the greatest pretended Military and civil Champions for and Patrons Assertors and Protectors of them than any in former ages as the probablest means under God then and now to cure the mortal distempers and repair the sad divisions 〈◊〉 desolation of our Land (a) Resolved upon the Question 1. That * no Freemau ought to be committed deteined in Prison or otherwise restrained by command of the King or privy Council or any other unless 〈◊〉 cause of the commitment restraint or deteiner be expressed for which by Law he ought to be committed deteined or restrained 2. That a Writ of Habeas Corpus may not be denied but ought to be granted to every man that is committed or deteined in Prison or otherwise restrained ●… although it be by command of the King or Prioy Councill or any other he praying the same 3. That if a Freeman be committed or deteined in Prison or otherwise 〈◊〉 by command of the King or Privy Council or any other no cause of such commitment deteiner or restraint being expressed forthwith for which by Law he ought to be committed restreined or detained and the same being returned 〈◊〉 an Habeas Corpus granted for the same party that then he ought to be delivered or bayled 4. (b) That no Freeman ought to be confined to his House or any other place by any commaud of the King or Privy Council or any other unless it be by * Act of Parliament or by other due course or Warrant of Law 5. (c) That the Commission for martial Law and all other of such nature to be executed within the Land at such times as were appointed by this Commission then questioned to wit in times of peace when the Kings Courts of Law were open and other Legal trials might be had by Juries in Courts of Iustice are against the Law 6. That † billetting and placing of Souldiers or any other person in the House of any Freeman against his will is against the Law 7. (d) That it is the * antient and undoubted Right of every Freeman that he hath a full and absolute propriety in his goods and Estate And that no taxes Tallages loan bonevolence or other charge ought to be commanded imposed or levyed by the King or his Ministers without commou consent by Act of Parliament All which Votes were drawn up and inserted into●… the Petition of Right assented to by the Lords and at last by the King himself in his Answer to that petition as the antient Fundamental Rights and Liberties of all English Freemen And therefore after all our late Parliamentary and Military contests wars for their defence fit to be confirmed ratified by all sorts of Domestick waies and policies by which the great Charter was * antiently confirmed and all violations of them exemplarily punished without any further argument or debate being indisputable principles and foundations whereon all our Liberties Properties as English Freemen are bottomed To which end I would advise that all Civil and Military Officers whatsoever as well Supreme as subordinate all Members of Parliament Barresters Attornies Graduates in our Universities Steward of Leets and Court Barons throughout 〈◊〉 Dominions should from time to time upon and at their investitures into their several Offices Trusts or taking their Degrees be corporally sworn To defend and maintain the Great Charter of England the Petition of Right and other Fundamental Lawes of this Land together with the antient undoubted Rights and Liberties of our English Parliaments according to their late Protestation and Solemn League and Covenant And that all Justices of 〈◊〉 Judges and Justices of the Peace should specially be sworn at every Assizes and Sessions of