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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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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
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
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
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
all Excisem●… and their Assistants against all actious 4 4 〈◊〉 17 March 1653. May 4. 1654 c. to be brought against the●… or other molestations by all parties griewed but expresly requiring ●…njoyning all Courts of Iustice of this Commonwealth and all Judges and Iustices of the same Sheriffs Counsellors Attornies Sollicitors and all other persons to conform themselves accordingly Without any opposition or dispute whatsoever So that now no Court of Justice or Judge must or can right nor any Lawyer Attorney Sollicitor or other person plead argue or prosecute any sute at Law against any illegal Excise Tax or Imposition though never so unjust and oppressive nor against any Leyier of them or imprisoner of refusers of them under pain os being dis-●…udged like Thorp Nudigate and Rolls of late or being committed to the Tower as Mr. Maynard Twisden and Wadham Windham were for arguing Con●…s case against these Whitehall Ordinances A slavery worse than that of the (l) (l) See my s●…cond 〈◊〉 to th●… Jews 〈◊〉 into England English lews of old To omit all former inforcements of well affected plundered persons and others to release their Actions I●…dgements Executions against Cavaliers Souldiers and others and to pay them dammages and costs of ●…ute besides to their undoings by their Councils of War and Committees of Indemnity of which there are hundreds of sad Presidents I shall only touch their new Major Generals Captains Lieutenants and others late Abuses of this kind in sending for Lawyers Attornies Sollicitors Parties by Souldiers and other Messengers and forcing them by menaces terror and threatned imprisonments to release their Actions Iudgements Executions and to referre all sutes depending in Courts of Equity or Iustice to their own hearing and determination Their examining controlling reversing Orders Iudgements Decrees made not only by Iudges Iustices and others in Courts of Law and Equity but even by Committees of Parliament and the Commons House it self their sending for some persons in Custody who refused to attend them upon references and others sundry miles and making them dance●… attendance on them fro●… day to day upon bare Petitions and false suggestiou●… of clamorou●… persons after several Iudgements Decr●… es in Courts of Iustice Equity Parliaments and former references by the late King seconded with ●…any years quiet enjoyment for lands reeovered against them to their intollerable expence and vexation A preparative to ingrosse all Law and Iustice for the future into their own hands alone and suppresse all Courts of Iustice Iudges as dull and uselesse tools as some of late have stiled them And are not these far heavier sadder Grievances abuses worthy redresse than any these Reformers complain of in our Laws or Lawyers If our Sword-men imagin their Victorious Successes will still bear them out in all these their illegal extravagances against all Laws Tribunals both of God and Men let them remember that * * T●…og ●…s Pom 〈◊〉 Justin. His●… l. 1. H●…o do●…us l. 1. 2. 〈◊〉 ●…iculus lib 2. Cyrus King of Persia after his victorious conquests of Astyages Croesus all Asia and the East with a great part of Scythia and 30 years reign with c●…utinual and admirable Successe was at last after a great victory over the Scythians sodenly surprised and slain by Thomyris Queen of Scythia and his whole old victorious Army of two hundred thousand Persians put every man to the sword not one of them escaping to bring back tydings of this their admirable universal ●…verthrow and slaughter After which his head was cut off by the Queens command and thrown into a Vessel filled with mans bloud with this exprobation of his cruelty Satia te sanguine quem sitisti cujusque insatiabilis semper fuisti That * * Pat●…rculus Hist. l. 2. 3. Plut●…rch in his Li●…e P●…mpey the Great that glorious and famous Roman after his Conquests of 〈◊〉 3●…publike Triumphs decreed him by the Roman Senate over Europe Asia and Africa the whole known World in that age which he had subdued ●…as yet at last conquered by Iulius Caesar his Corrival ●…nd forced to fly into Egypt there taken and beheaded by a slav●… and his cark●…ss lef unburied o●… the sands as a prey to the birds and beasts so that he who formerly wanted earth for him to conquer now wanted earth to●… bury him such was the vicissitude of his fortune as Pa●…erculus observes And not long after this Great Conquerour * * Suctonius P●…utarch 〈◊〉 G ●…imston and o ●…s i●… his L●… Caesar was sodenly stabbed to d●…th in the Senate House by his own Friends in whom he most confided for his ambitious Tyrannical usurpations over the Senate and people Enough to make all other usurping oppressing Swordmen tremble not half so great Conquerors as either of these three notwithstanding all their former successes which should rather ●…nmble and make them more just righteo●… towards the people for whose Lawes and Liberties they pretended they only fought against arbitrary Tyranny Impositions and Rapine than more arbitrary insolent exorbitant oppressive than those they fought against and suppressed and that upon the consideration of 2 Chron. cap. 10. 2 Kings 14. 8. to 15. Mich. 2. 1 2 3 4 5 7 8 9 10. Ierem. 34. 8. to 22. and Rom. 11. 17. to 22. which I desire them seriously to peruse and meditate upon at their leisures To these forenamed 4. Generals I might add their New Voluminous Whitehall folio Edicts O●…dinances repealing altering our former Laws and Statutes in many particulars imposing new Taxes payments forfeitures imprisonments fines penalties on the people aad such as shall infringe them Their converting all Prizes taken by their Men of War to private Vses and their publike Treasury without repairing or satisfying our Merchants Losses by Pyracies and Wars in the first place by whose Customs and for whose Safety they are principally maintained and whose damages should be therefore in justice conscience first repaired Major Generals and their Deputies suppressing of Innes Taverns Alehouses like absolute Justices without any legal Authority and then setting them up again soon after through the mediation of Friends or mony Their riding in circuit with those who are their Iudges to overawe and controll them their open abetting and countenancing of causes their great destruction of the timber of the Nation against s●…ndry●… Statutes their building of new stately Houses Gardens c. upon the peoples and the publick stock the sharing of the publike Lands and Revenues of the kingdom amongst themselves which should defray publike expences now fit to be r●…formed as in former ages Their making Sectaries and illiterate Sword-men and other persons of mean quality who understand neither Law nor Iustice their Iustices of Peace and Committee men in sundry places agai●… former Statutes Their imposing administ●…ing Oaths to men without any Legal Commissión or Law as every Sword-man now presumes a Praemunire and grand Offence in former ages With sundry more generals which
I pretermit the particulars whereof would amount to many Baronian Tom●…s if at large recorded being worthy the consideration of the approaching Asse●…bly if not of reformation Which Assembly being purposely called as these Army Officers and Major Generals report and some Whitehall Letters import for the reformation of our Laws and for the healing and closing up of the wounds breaches of our distracted discontent●…d Nations which my skill in Chirurgery and Politicks and the method of all former Pa●…liaments allu●…es me can never perfectly be healed and closed up without danger of ●…pse breaking out again with great●…r pain danger violence unless they be first sea●…ched lanced and laid open to the bot●…om then perfectly cleansed and incarnated without leaving any 〈◊〉 Corruption underneath I have thereupon to gratifie Mr. S●…heard and discharge my bounden duty to my Profession and Country thus 〈◊〉 anatomized and ●…d them open to pu●… like view to the end they may th●…ough Gods blessing r●…ceive a speedy sound and persect not superficial palliative C●… without any other si●…ster design Now the grand 〈◊〉 bo●… of Souls and States g●…ve so 〈◊〉 a blessing and successe to these few leaves that they may prove like the leaves of the 〈◊〉 of life Rev. 22. 2. for the ●…aling of the Nations That God may not now say of England as he did once of Israel 〈◊〉 30. 13 14 15. Thy bruise is incurable and thy wound is gri●…vous The●…e is none to plead thy cause that thou maist be bound up tho●… 〈◊〉 no heal●…ng medicins All thy lovers have forgotten 〈◊〉 they seek 〈◊〉 ●…ot for I have wounded thee with the wound of on Enemy with the chastisement of a cruel one for the multitude of thine iniquities because thy sins are encreased FINIS * Reformalio 〈◊〉 d bet 〈◊〉 in ca pite et sic 〈◊〉 Gradu gradatim ad imum * At the end of the solemn League and Covenant printed by b●…th Houses orde●…s by it self and sent into all Counties and in A Collection of Ordinances p. 426 427 128. * See the commons Remonstrance 15 Decemb. 1641. Exact collection p. 4 5 c. (a) 2 April 1628. * See the great Charter of King John Mat. Paris p. 248. Magna Charta 9 H. 3. c. 29. 5 E. 3. c. 9. 25 E. 3. c. 4 28 E. 3. c. 3. 37 E. 〈◊〉 c. 18. 42 〈◊〉 3. c. 3. 2 H. 4. 〈◊〉 Parl. 〈◊〉 60. 69. The Petition of Right 3 Caroli (b) 4 April 1628. * Mag. Charta 9 H. 3. c. 29. 35 Eliz. c. 2. 3 Jac. c. 5. Daltons Justice of Peace c. 45. 〈◊〉 H. 5. c. 8. (c) 7 May 1628. 9 H. 〈◊〉 3. c. 29. 5 E. 3. c. 9. 25 E. 3. c. 4. 28 E. 3. c. 3. 15 E. 3. c. 1 2 1 H. 4. rot Parl. n. 43. 44 c. 〈◊〉 of Right 3 Caroli See My Discovery of Free-state Tyranny p. 39 40 41. † Petition of Right 3 Caroli (d) 4 April 1628. * Mag Charta c. 30. 25 E. 1. c. 5 6. 34 E. 1. De Tallagio non concedendo c. 1. 14 E. 3. stat 1. c. 21. stat 2. c. 1. 15 E. stat 3. c. 5. 27 E 3. stat 2. c. 2. 38 E. 3. c. 2. 1 R. 3. c. 2. 21 E. 3. rot Parl. n. 16. 25 E. 3. rot Parl. n. 16. 36 E. 3. rot Parl. n. 26. 45 E. 3. rot Parl n. 26. 1 H. 4. rot Parl. n. 32. 43. 11 H. 4. rot Parl. n. 50. * See rot Par. 17 Iohannis 22 23 24. dors Mat. Paris p. 243 to 255. 305 to 312. 838 839. 878. 890. 892. 938 940 941 960. 25 E. 1. c. 1. c. 28 E. 1. c. 1. Claus. 28 E. 1. m. 〈◊〉 8. * Exact 〈◊〉 p. 20 21 309. 326. (e) 25 Iune 1628. * Mag. Charta 9 H. 3. c. 20. 25 E. 1. c. 1. 6. 34 E. 1. c. 1. 2. 14 E 3. 〈◊〉 1. c. 21 〈◊〉 2. c. 1. 35 E. 3. 〈◊〉 2. c. 1. 15 E. 3. stat 3. c. 5. 1 R. 3. c. 2. 21 E. 3. 〈◊〉 〈◊〉 n. 16. 36 E. 3. 〈◊〉 〈◊〉 n. 26. Exact Coll. p. 382 383 884 857 858. (f) Exact Collection p. 789 790 c. (g) 11 15 19 Iune 1628. (h) 〈◊〉 Collection p. 885. 6. Mr. O 〈◊〉 Iohns speech and 〈◊〉 〈◊〉 receiving 〈◊〉 p. 13. 15. 16 〈◊〉 〈◊〉 my Declaration and 〈◊〉 〈◊〉 the 〈◊〉 extortion of Excise 〈◊〉 〈◊〉 3. 〈◊〉 2. 〈◊〉 4 〈◊〉 4. c. 〈◊〉 5 E. 3. c. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (i) Exact 〈◊〉 p. 389 390 c 435 436 877 878 879 c. 887. 19 22 23 24 26 27 28 May 1628. * Exact Collect. p. 885. * Articuli super Chartas cap. 20. (k) 22 23 24 25 March 1628. and sund●…y daies after * 52 H. 3. c. 5. 25 ●… 1. c. 1 2 3. 28 E. 1. c. 1 2. 1 E. 3. Stat. 2. c. 1. 9. 2 E. 3. 6. 1. 4. 5 10 14 15 25 28 31 36 37 38 42. 45 E. 3. c. 1. 1 2 3 5 6 7 8 9 12 15 ●… 2. c. 1. 2. 1 2. 4 7 9. 13 H. 4. c. 1 3 4. 9 H. 5. c. 1. 2 H. 6. c. 1. 11 H. 7. c. 1. (l) 21 Junii 9 April 1628. (a) 19 M●…rtii 1627. (b) 6 H. 4. ●… 8. 3 H. 4. n. 8. c. 9 H. 4. ●… 12 13 c 11 H. 4. 1. 10 11. 13 H. 4. 〈◊〉 10. 11. Cook 4 Inst●…t p. 8. (c) 29 Martii 1628. (d) See my Plea for the Lords p. 50 51 52. 8 H. 6. n. 57 William Mildreds cas●… Bu●…gess of London (e) 3 5 Maii 16. 8. * See My Ple●…●…or ●…he 〈◊〉 p. 6. (f) Exact Collection p. 34. to 57 66 67. c. (g) Jan. 1648. Sec t●…e History of 〈◊〉 (h) The Levellers levelled ●… p. 21 22. My Plea for the Lords p. 25. c. (i) Mat. Par●…s Hist. Anglie p. 247. See My Pl●…a for the Lords p. 5 6. ●…xact Collecton p. 655 657 723 724 726 727. (l) Exact Co lect●…on p. 7 24. * Artic. 27 28 29. (n) 12 1●… May 1628. 28 May 1628. S●… C●…ks 2 ●…st 〈◊〉 s p 198 169. * Walsingham Hist. Angliae p. 414. Sir Edw. Cooks 2 Institut s c. 1 p. 10. * 7 H●… 4. c. 11. * 29. 〈◊〉 3●… M●… 1628. * See Cooks 11. Report f. 84 85 c. ●… See my humble Remon●…ance against ship-mon●…y p. 8. * 24 28 〈◊〉 2 ●…il 19. 〈◊〉 c. 1628. (o) Hovenden Ann●… pa●…s post●… p 700 〈◊〉 736. 〈◊〉 Hist. l. 4. c. 14 to 19. God●…n in his life p. 247 to 271. My new Discov●…y of 〈◊〉 Tyranny p. 77. c. (p) Sec Tur●… 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1634. (q) See the Decl●…ation of M●…ch 17. 16. 3. with the sentence against him * And now in more places the Souldiers have wholly withdrawu them both from our Churches and Ministers See Mr. Edwards Gangr●…na * And are they not much more so now * Are they not now so more than ever * Are not many Souldiers now secretly such openly Anabaptists 〈◊〉 S●…ctaries revilers of our Church Ministers And are not some of th●…ir Commanders likewise such