without cause shewed Nor any compelled to receive Souldiers or Mariners into their Houses against their wills Nor any man adjudged to death by Martial Law in times of Peace but only by the lawful trial of his 〈◊〉 according to the established Lawes and Custom of the Realm This addition would make the Sense and Construction thereof to be That the King by his Ordinary power and Prerogative could impose no Loan Tax Tallage or other things upon his Subjects without their common consent by Act of Parliament Nor imprison any Freeman without cause shewed Nor billet any Souldiers or Mariners in mens Houses against their wills Nor condemn nor execute any Subject by Martial Law But yet by his Soveraign power wherewith he is intâ—…usted for the Protection Safety and Happinesse of his people here left intirely to him he may when he saw cause and necessity impose what Loans Taxes Impositions and Charges he pleased on his people without common consentâ—… 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 thâ—… 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 fabriâ—…k of the Commonwealth and dissolve that Government whereby this Kingdom hath flourished for so many year under his Majesties most royal Predecessors Whereas in truth there is in the King no Soveraign Power or Prerogative royal to enable him to dispute with or take from his Subjects that Birthright and Inheritance which they have in their Liberties by virtue of the Common Law and these Statutes which are meerly positive and declarative conferring or confirming ipso facto an inherent Right and Interest of Liberty and Freedom in the Subjects of this Realm as a Birthright and Inheritance descended to them from their Auncestors and descendible to their Heirs and Posterity But the Soveraign power wherewith he is intrusted is only for the protection safety and happinesse of his people in preserving this their inherent Birthright and Inheritance of Liberty and Freedom and those Lawes and Statutes which ratifie and declare them Uponâ—… these and other reasons alleged by the Commons the Lords after three large Conferences agreed fully with the Commons and rejected this destructive 〈◊〉 to the Petition of Right which the Lords and Commons in their * Declaration touching the Commission of Array January 16. 1642. to which many now in power were parties recite insist on and corroborated in Parliament as an undoubted truth If then the King by his absolute Soveraign power wherewith he was intrusted could upon no emergent occasion or 〈◊〉 whatsoever violate elude evade subvert all or any of these fundamental Laws Liberties Rights and Inheritances of the Subject by the joynt unanimous resolution of the Lords and Commons in these two Parliaments of King Charles much lesse then may any other Person or Persons or new Powers do it who condemned him for a Tyrant and suppressed Kingship as tyrannical over burdensome dangerous to the peoples Liberties Safety Prosperity upon any real or pretended Necessity or Emergency whatsoever Much lesse may any true English Parliament permit or enable them upon any pretence to do it in the least degree to the prejudice of 〈◊〉 after so many publick Parliamentary and Military conflicts for these Laws and Liberties The rather because that our Noble Ancestors would admit no Saving or Addition to the Great Charter or any 〈◊〉 for its confirmation that might any wayes impeach their Liberties Rights or Proprieties And when King Edward the 1. in the 28 year of his reign upon the Petition of the Lords and 〈◊〉 granted a New Confirmation of their Charters and in the * close thereof added this Clause Salvo 〈◊〉 Coronae Regis That the right and prerogative of his Crown should be saved to him in all things Which the Lords most insisted on to justify the forementioned rejected Addition to the Petition of Right when it came to be proclamed in London the peopleâ—… hearing this Clause at the end thereof added by the King fell into execration for that Addition and the great Earls who went away satisfied out of Parliament hearing thereof went to the King and complained thereof who promised to redress it as Mr. Selden then informed the Commons house out of a Leiger Book of that year in the publike Library of the Vniversity of Cambridge Whereupon in the Statute De Tallagio non concedendo 34 E. 1. the King to please his discontented Lords and Commons not only granted That no Tallage or Ayd should be taken or levied by us or our heirs in our Realm without the good will and assent of the Archbishop Bishops 〈◊〉 Barons Knights Burgesses and other Freemen of the Land c. 1. But likewise added c. 4. We will and grant for us and our Heirs That all Clerks and Lay-men of our Lvnd shall have their Laws Liberties and Free Customes as they have used to have the same at any time when they had them best And if any Statutes have been made by us or our Ancestors or any Customs brought in contrary to them We will and grant That such 〈◊〉 of Statutes and Customs shall be void and frustrate for evermore Yea King Edward the 3. in pursuance thereof in the Parliament of 42 E. 3. c. 1. assented and accorded That the Great Charter and Charter of the Forest be holden and kept in all points And if any Statute be made to the contrary that shall be holden for none And 〈◊〉 3 It is assented and accorded for the good Government of the Commons that no man be put to answer without Present 〈◊〉 before Justices or matter of Record or by due Process and writ original according to the old Law of the Land And if any thing from henceforth be done to the contrary it shall be void in the Law and holden for Errour And therefore we all jointly and severally expect and claim the like Declaration and Resolution in all these particulars being assented to by King Charls himself in the Petitionâ—… of Right and by these antient Warlike Kings and true English Parliaments from whose vigilancy magninamity unaminity zeal courage in defence of theâ—…e our fundamental Charters Laws Rights Liberties we should now be ashamed to degenerate after so many years wars and vast
evil disposed persons to destroy and suppresse others of a contrary party without any election by the people This packed Parliament ordered That they should stand and serve as Knights and Burgesses though they were not elected nor duly chosen and that the Sheriffs should not incurre the penalties of the Stacuâ—…e of 23 H. 3. c. 11. as appears by 38 H. 6. n. 35. and the Statute of 39 H. 6. c. 1. But what was the issue The very next year a new Parliament being summoned the first Act they made was to declare this Parliament and all Acts Statutes and Ordinances made therein to be null and void and of no force and effect Because it was unduly summoned a great part of the Knights for divers Counties of this Realm and many Burgesses and Citizens for divers Boroughs and Cities in the same Appearing were named returned and accepted some of them without due and fréeâ—… election some of them without any election against the course of the Kings Laws and the Liberties of the Commons of the Realm by the means and labours of the said seditious Persons c. As the Statute of 39 H. 3. c. 1. worthy perusal and consideration of this next Assembly resolves in positive termes though not one of those then duely elected by the people was secluded Which I desire all our ignorant violent Swordmen young Statesmen and Instrument-makers to take Notice of for fear all their Conventions Acts and proceedings prove meer Nullities in conclusion upon this account of unfree and undue elections and seclusions of Members duly elected against Law and the Parliaments Peoples Rights and Privileges 16. In this Parliament of * 3 Caroli the Attornies of York complained to the Commons House that King Charles in the second year of his reign had granted to Sir Thomas Mounson by Patent the sole making of all Bills Declarations and Informations before the Counsel of York and like wise the sole making of Letters Missives and Processe in that Court for 3. Lives The Committee of Grievancâ—… and after that the whole House of Commons in the Parliament of 18 Iacobi and after that in the Parliament of 19 Iacobi 29 Novemb. adjudged the like Patent as this made by King Iames to John Lepâ—…on 4 Iacobi of this Office To be a Grievance and Monopoly both in the creation and execution And the whole Committee of Grievances and Commons House upon the Report and full debate of this Patent to Sir Thomas Mounson adjudged it likewise to be a Grievance both in the Creation and Execution in respect of Bils Declarations and Informations though not in respect of Letters and Processe the sole making whereof the King might lawfully grant upon the erecting of this Court by a special Patent but being mixed with Bills Declarations and Informations in the same Patent they adjudged the whole Patent to be a Grievance as they likewise resoved the Earl of Holland his Patent of Exchange for the sole buying of Gold and Silver to be a Monopoly and Grievance both in the creation and exâ—…ion June 23. 1628. And that principally for 3 Reasons First because it was a * Monopoly within the Statute of 21 Jacobi tending to the prejudice of the Attornies of York in their very Profession of making Bils Declarations Informations which they antiently made and likewise of the people who must dance attendance on this sole Secretary and his Clerk til they were at leisure to dispatch their Bils and Declarations 2ly Because upon the making of Bils and Declarations men must shew their evidences to this Patentee and his Clerks and trust them with them as in cross Bils they must see the evidences of both parties which would be very mischievous and prejudicial to the Clients 3ly Because this would erect a New fee and bring a New charge upon the people Which fee Lepton took for the execution of his Patent though Mounson had not yet taken any New fee And whether the old Court project which I formerly twice quashed now about to be revived as I hear of erecting Registers in every County to record all Morgages Feoffments Lâ—…ases Sales of Lands Statutes Fines and Obligations made therein to prevent fraudulent conveyances and other mischiefes as the Projectors pretended but in truth to put a new charge 〈◊〉 and intollerable vexation upon all sorts of people to their intollerable prejudice and vast expence os many thousand pounds a year for fees and travelling charges which these Projectors only aim at for their private Lucre and to discover all mens real and personal Estates as King Richard the first and his Successors did the English Jews estates and wealth by the self same device and then seised and confiscated them at their pleasures as you may read at large in the First and Second part of my Sâ—…ort 〈◊〉 to the Iâ—…ws long discontinued barâ—…d Remitter intoâ—… Englaud will not prove a greater Grieviance than this Patent for the self same reasons and sundry others Whether the Committee for sole approbation of Ministers to livings who must all post up to London and there dance attendance sundry weeks or Months to their vast expence and ost times return at last withâ—…t their expected preferments without any sufficient cause alleged either to their Patrons or themselves being held fit for other livings but not for those to which they are presented especially if benefices of good value or note to which some of the Approvers their Friends or kinred have an eye And the New fees there paid to their Clark and Register for approbations and admissions be not as great a Grievance and Monopoly as this of Lepton and Mounson fit to be redressed I refer to the approaching Asâ—…emblie and others to resolve upon full debate and sundry complaints I have heard made by divers against their Proceedings and New erected Fees Which cannot be created but by act of Parliament as is resolved 13 H. 4. 14 Brook Patents 100. Fiâ—…zh Nat. Brev. f. 122. Cook 11 Report Darcies Case sol 86. b. 17. They appointed a * special Committee to hear examine report punish the manifold complaints of the â—…ounties and Corporations of England against the New exorbitant power and proceedings of Lâ—…enants and Depuâ—…y-Lieutenant in quartering Souldiers in mens Houses against their wills in imposing rates and taxes on the Country without Act of Parliament for the payment and biâ—…ing of Souldiers and levying them by Souldiers on such as refused to pay them by quartering Souldiers upon â—…hem till paid or imprisoning or vâ—…xing the Refusers For which these Lieutenants Deputy-Lieutenants and Officers of the Souldiers were sent for as Delinquents and their New power and proceedings voted to be contrary to Law and the Subjects Liberties Pâ—…icious to the Country and dishonorable to theâ—… King And whether the late erected New Powers of our Major Generals and their Deputies throughout England be not such in imitaâ—…on of (o) Wil. Longcham the first Protector in the Reign
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 theâ—… 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 forâ—… 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 foreinâ—… 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 addedâ—… 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 aâ—…ter a long and full Debate resolved That this Saving ouâ—…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
expences for their preservation and all sacred solemn Protestations Vows Leagues Covenants Declarations Remonstrances and Ordinances engaging us with our lives and fortunes constantly to defend them all the daies of our lives against all oppositioâ—… And if any who pretend to the Name or power of a Parliament should now refuse or neglect to do their duties herein they may justly expect to be had in perpetual detestation and execration both with God and all English Freemen XII It was frequently averred declared (k) by the Commons in this Parliament That the old custome and use of our Parliaments constantly hath been and ought to be to debate redress all publick grievances and re-establish secure their violated * Great Charter Laws Rights and Liberties in the first place of all before they debated or granted any aides or subsidies demanded of them shough never so pressing or necessary it beâ—…ng both dangerous imprudent and a breach of their trusts towards the people who elected them to play an After-game for their Liberties Laws and Grievances which would never be effectually redressed after subsidies once granted VVhereupon they refused to pass the Bill of Subsidies then granted till the Petition of Right was fiâ—…st assented unto enrolled and their Grievances redressed by the King XIII They cast Sir Edmund Sawyer a Member of the Commons House out of it upon solemn Debate (l) committed him Prisoner to the Tower and perpetually disabled him to serve in Parliament for the future for having a chief hand in making a Book of Rates for Tunnage and Poundag and laying imposiiontâ—… on the Subject in nature of a Projector without grant or Act of Parliament And likewise suspended Mr. John Baber then Recorder and Burgesse of Welle only for making a Warrant to billet Souldiers on some of the Townsmen against the Law and Subjects Liberty out of of fear Resolving that all Projectors and Promoters of illegal impositions Taxes 〈◊〉 Projects out of base fear which Mr. Baber or by regal ' command which Sir Edmund Sawyer pleaded for his excuse were unfit to sit or vote in any English Parliament and fit to be turned out thence by judicial sentence with greatest Insamy And whether any such be fit to be Members at any other season let those whom it concerns determine XIV In this Parliament of 3 Carâ—…li the (a) Speaker in the close of his first Speech to the King according to (b) usual custome in former ages prayed 3 Privileges in behalf of every Member of the Commons House the first whereof was That for the better attending the publick and important services of the House all and every Member thereof and their necessary attendants may be free both in Person and in Goods from all Arrests and troubles according to their antient Privileges and immunities Which the King then readily granted them all according to the true Rights and Privileges of Parliament By the mouth of the Lord Keeper (c) After which Sir Edward Cook arguing against the King and his Councils power to commit men only by special command without any legal cause expressed in the Warrant in the House used this expression This concerneth not only the Commonalty but the Lords and therefore it deserveth to be spoken of in Parliament because this might dissolve the Parliament and this House for we may be then all one after another thus committed 31 H. 6. rot Parl. n. 26 27. (d) No Member of Parliament can be arrested but for Felony Treason or Peace And all here may be committed under thefe pretences and then where is the Parliament Surely the Lordâ—… will be glad of this iâ—… concerns them as well as us (e) Not long after the Common House being informed that Sir Robert Staâ—…hop a Member there of was committed by the Lords of the Council thereupon the House in whose power it was either to send an Habeas Corpus or their Sergeant with his Mace for any Member committed as was resolved the last Parliament before this together with the cause thereof ordered That their Sergeant should go with his Mace and bring Sir Robert Stanhop with his Keeper and the Warraut for his commitment into the House the next morning they sate Who accordingly brought him with the Marshal of the Houshold and the Warrant wherein it was declared That his commitment was by the Lords of the Council for breach of the peace and refusing to give Suretiet for the Peace upon a challenge and a Duel intended by him as the truth of the Case appeared Whereupon the House were of opinion That standing committed for his real breach of the peace and refusing to give Sureties he could not have his Privileges without giving good security in the Kings Bench to keep the peace ' And Mr. â—…anshaw alleging That in such cafâ—…s some Members by order of the House had entred into Recognizances in the Kings Bench in former times to keep the Peâ—…ce a Committee was ordered to search out the Presidents and consider of the Case But the quarrel being soon after taken up thereupon the Lords released Sir Robert without Sureties to attend the service of the House On the 28 of April 1627 Sir Simon Steward a Member of the Commons House being served with a Sub poena ad audiendum judicium out of the Star-chamber at the suâ—…e of the Kings Attorâ—…y upon a Bill there exhibited against him for sundry misdemeanours complained thereof to the House and shewed that he had beenâ—… inticed to enter into a Bond and Recognizance of 500 l. not to claim any privilege of Parliament The House upon solemn debate hereof April 20. resolved That Sir Simon notwithstanding this Bond and Recognizance should have his Privilege allowed him because he was elected by and served for others and could not make a Proxy and because else the House might thereby be deprived of his attendance by his Censure Yea this Recognisance with the Condition thereof not to claim his Privilege were held to be void and against the Law And by order of the House the pâ—…rty who served the Subpoena on Sir Simon Steward was sent for as a Delinquent and Sir Simon commanded to attend the service of the House and not the hearing of the cause Vpon this on the 10th of May the Inhabitants of the Isle of Ely exhibited a Petition against Sir Simon to the House complaining that they had exhibited an Information against him in Starchamber for taking bribes about pressing of Souldiers as a Deputy Lieutenant and defrauding the Country about the Kings composition which cause was ready for hearing Petitioning the House that he might wave his privilege having enâ—…red into a Bond of 500 l. not to claim it But it was resolved upon debate That the Commons House was Judge of any offence done by the Members of it And thereupon ordered That a Committee should examine the Witnesses and other proofs of the Charge against him and so this House to proceed to
was one That the Tinners in Cornwal have time out of mind used to elect a Parliament of Tinners so often as there is occasion â—… suâ—…moned â—…ver in this manner The Lord Warden of the Stanneries grants his Commission to the Vice-Warden who thereupon directs Sommons to the 4 Maiors of the 4 Divisions of the Stanneries appointing them to elect within every Division 6 Tinners to be elected by the Maior and his Corporation and so the parties elected are returned to serve in their Parliment That the Lord Mohun being Vice-Warden at Christmas then last past sent his Warrant to the 4 Maiors commanding them to elect such and such Persons by name to be Tinners for the Parliament The Maiors obeyed and summoned the â—…en who met the 4th of January last Upon the meeting the Tinners questioned the lawfulnesse of that Parliament First because there was no Commission from the Lord Warden but only a Letter and that for a meeting only to confer 2. For that the Election was not free and due VVhereupon that Parliament was dissolved as void Upon which the Lord Mohun the 5 of February sent out new Sâ—…mmons to the Maiors that they should reassemble such and such Persons as he named in his Warrant Who meeting together he perswaded fourteen of them against the Protestation of the other ten to impose the sum of 500 l. upon the Tinners towards the maintenance of their Liberties as he pretended and sent forth his Warrants to collect the Money sitting this Parliament VVhich the Tinners complained of in Parliament as a great Grievance and impeachment of their privilege and freedom of their elections and Parliaments and was so voted by the Commons House and the Lord Mehuâ—… thereupon summoned to answer the charge Whether the Fredom of many late Elections of Members for this Assemblie in Counties and Burroughs hath not been perverted hindered abolished by like Letters Menaces from Whitehall Major Generals Captains other Grandees by drawing up Troops of armed Souldiers to the places of Election to terrifie the people enjoyningâ—… joining such and such persons by prescribed Lists Letters and otherwise to be chosen such and such to be opposed and not elected as being persons disaffected turbulent unquiet Spirits c. and other indirect practices to make up a packed Court-Coventicle to carry on private designs instead of a New Free state Parliment is worthy the inquiry and censure of those whom it most concerns to preserve and vindicate the Free-dome of Elections long since established against such practices menaces force and terror by the Statute of 3 E. 1. c. 5. which enacts Because Elections ought to be free the King commanded upon great forfeiture that no great Man nâ—…r otheâ—… by force of Arms or by malice or mâ—…nacing shall disturb any to make free Election For violating which Law and antient custome the whole Pâ—…rliament of 1 H. 4. rot Parliamenti nu 36. thus impeached King Richard the 2. when they enforced him to resign his Crown for his misgovernment in this particular amongst others That although by the Statute and Custome of his Realm in the Assembling of every Parliament hâ—…s People in all Counties of his Realm ought to be free to choose and depute Knights for the said Counties to be present in Parliament and to declare their Grievances and to prosecute remedies thereupon as it should sâ—…m expedient to them Yet the said King that he might be able in his Parliaments more freely to obtain the effect of his rash will frequently directed his Mandates to his Sheriffs to cause certain persons nominated by the King himself as Knights of the County to come unto his Parliaments Which Knights verily favouring the King he mighâ—… easily induce as he frequently did sometimes by diven Menaces and tenors and sometimes by Gifts to consent to those things which were prejudicial to the Realm and very burdensome to the People and specially to grant to the said King a Subsidy for certainâ—… years to the over great oppression of his people Which misdemeanour and incroachment upon the freedom of his Subjects elections and packing of Parliaments for these ends lost him not only his peoples hearts but his very Crown Regal Power and life Which others who now tread in his footsteps and exceed him herein may do well advisedly to consider for fear of the like impeachment and tragical events In 11 R. 2. Rot. Claus. dors 13. The King sent Writs to the Sheriffs of Keâ—…t and all other Sheriffs to summon a Parliament with this New unusual clause by reason of the differences between the King and his Nobles Eligere homines in debatis modernis maxime indifferentes But this being a Novelty contrary to the Freedom of Elections and the Statute of 3 E. 1. c. 5. contra formam Electionis antiquitus 〈◊〉 et contra libertatem Dominorum et Communitatis regni hactenus obtentam Ideo therefore this clause was struck out of the Writs by order of Parliament ever since And that Parliament was afterwards repealed by the Parliament of 21 R. 2. When the Parliament of 6 H. 4. Anno 1404. was to be summoned the King by pretext of an Ordinance of 45 E. 3. rot Parl. n. 13. wrote Letters to the Sheriffs and other Officers * That no Lawyer should be chosen or returned a Knight or Burgesse for the Parliament yet inserted it not into the Writ as Walsingham and others mistake But the very next Parliament after 7 H. 4. the Commons grievously complained against the interruption of the Freedom of their Elections by these Letters Whereupon to prevent the like incroachment and intâ—…rruption for the future at the grievous complaint of the Commons of the undue Election of the Knights of the Coâ—…ties for the Parliament which be sometimes made at the affections of Sheriffs and otherwise against the form of the Writs to the great slauderâ—… of the Counties and hinderance of the businesse of the Comminalty in the said County it was ordained and establishid * by a special Act yet in force that all that attend to the Election of the Knigâ—…ts in the full County shall proceed to the Election freely and indifferently notwithstanding any Request or Commandement to the contrary By vertue of which Acts and premises all late Letters to Major Generals and Sheriffs with like or worser clauses to restrein the people in the freedom of their Elections must be void and illegal In 18 H. 6. n. 18. A New Election and Writ was awarded and sent to thâ—… Sheriff of Cambridge with proclamation That none should assemble with names to the New election nor intermeddle in it without warrant of Law the former election being vacated by reason of the force and disturbance Anno 38 H. 6. there was a Parliament summoned at Coventry on the 2. of November wherein divers Knights and Burgesses were returned by the Sheriffs nominated onely by the Kings Letters surreptitiously procured from him by divers seditious and other
Gentry and Commons of the realm of chiefest rank hazarded their estates bloud lives in the field as well as the Army-Officers to preserve and enjoy the forementioned fundamental Laws Liberties Rights and Properties which we hope no true-bred English Freeman or Sworâ—…man whatsoever can have the hearts or faces to deny unto us against all their former Protestations Remonstrances Vows Oaths Covenants Engagements both to God and the English Nation for fear of being made shorter by the head as the most perfidious Traytors or rolled into their graves in bloud by the over-oppressedâ—… enraged people as the most insolent oppressing Tyrants yea tumbled headlong into Hell flames for all eternity Soul and Body by God himself as the most perjured execrable Hypocrites and Impostâ—…rs that ever England bred Gal. 5. 1 13 14 15. Stand fast therfore in the Liberty wherewith Christ hath made us free and be not intangled again with the yoke of Bondage For Brethren ye have been called unto Liberty only use not Liberty for an occasion to the flesh but by love serve one another For all the Law is fulfilled in one word even this Thou shalt love thy Neighbour as thy self But if ye bite and devour one another take heed that ye be not consumed one of another An Appendix to the Premises IT hath been the antient Plâ—…t and long agitated design of Robert Parsons and other Iesuites and their Instruments under pretext of reforming the Common Laws and Statutes of England to alter subvert abolish the Great Charter Common fundamental Laws of the Land and principles of Government whereon the Iustice of the Kingdom and Liberty and Property of the Subjects are established as I have irrefragably proved at large by Râ—…bert Parsons his Memorial for Reformation of England written at Sevil in Spain An. 1590. by William Watson a seminary Priest his Quodlibets printed 1601. p. 92 94 95 286 330 332. A Dialogue between a secular Priest and a Lay-Gentleman printed at Rhemes 1601. p. 95. William Clark a Roman Priest his Answer to the manifestation of Father Parsons p. 74 75. Robert Parsons own manifestation of the folly and bad â—…pirit of certain in England calling themselves Secular Priests f. 55. to 63. Mr. Thomas Smith his Preface to Mr. Iohn Daillae his Apology for the Reformed Churches Cambridge 1653. p. 12 13 c. The Declaration of the whole House of Commons 15. Decemb. 1641. Exact Collection p. 3 4. Ludovicus Lucius Historia 〈◊〉 p. 318 319 535. and other Evidences in my Epistle to A seasonable Legal and Histâ—…ricalâ—… Vindication of the good old fundamental Liberties Rights Laws of all English Freemen and to A New Discovery of Free-State Tyranny to which for Brevity I refer the Reader That it hath been the Souldiers and Anabaptists design endeavour to put this their Iesuitical Plot against our Laws in execution under pretext of reforming the corruptions in the Law and Lawyers by the Tutorship of the disguised Iesuites swarming amongst us and having a Consistory and Councel abroad that Rules all the affairs of the things of England as their own General O. Cromwell himself avers in positive terms to all our three Nations and the world in his printed Speech in the painted Chamber September 4. 1654. p. 16 17. I have there likewise demonstrated and is so experimentally visible to all men by their frequent Consultations Committees Treatises Discourses Votes and Instruments set on work to regulate our Laws that it needs do further proof The excellently connaturalâ—…ess conveniency of the Laws of England to Englishmens tempers is so fully expressed demonstrated by Fortescue in his Book De laudibus Legum Angliae Glanvill Britton and others of antient and by Sir Iohn Davies in his Epistle to his Irish Reports Sir Edward Cook in his Epistles to his Reports Institutes with others of later times by the very New Modellers of our old hereditary Kingdom into a puny Free-State in their Remonstrance of March 17. 1648. and by Mr. Iohn Pym and Mr. Oliver Saint-John in their late Parliamentary Speeches printed by the Commons House special Orders that I shall not spend waste-paper to commend them being the most excellent Laws of all others in the world as they all unanimously resolve I shall only adde to their Encomiums of them That the extraordinary care diligence of our Ancestors and all our Parliamentary Councels in former ages to maintain â—… preserve defend and transmit to posterity those good old Laws we now do or should enjoy with the last long Parliaments impeaching beheading Strafford and Canterbury for Arch-traytors for endeavouring to subvert them with their innovations on the one side and the late King and his Partisans on the other side in above * * In the Collâ—…ctions of 〈◊〉 printed by both Houses orders 500 printed Declarations Orders Ordinances Proclamations Remonstrances that the principal end of all their consultations arms wars taxes Impositions expences of infinite Treasure and Bloud in all the unhappy contests against each other was inviolably to defend maintain our Laws and the Subjects Liberties secured by them as their best Patrimony Birthright and Inheritance the inserting thereof into all their Generals and Military Officers Commissions and all Ordinances to raise monies for the Armies pay is an unswerable evidence of their transcendent excellency utilility preciousnesse value esteem in the eyes of our Parliament and whole Nation And a convincing Discovery of the Iesuitical Infatuation folly frenzy treachery of those Swordmen and their Confederates who now revile traduce and endeavour all they may to reform alter subvert those very Laws and Liberties which they were purposely commissioned waged engaged inviolably to defend both by the Parliament and People and for which end they formerly professed declared in many printed * * Printed 1647. Romonstrances of their own they fought and hazarded their lives in the field yet now would conquer and trample under feet as if they had only fought against them and our hereditary Lâ—…berties confirmed by them I must confess there are some few Grievances Abuses not in the Theory but Practice of our Laws introduced by dishonest Attorneys and Sollicitors for the most part fit to be redressed by the Iudges of the Law as some of them have been upon complaint â—… which I my self had many years since reformed as I told Mâ—… Shepheard upon his fore mentioned motion to me had not those Army-men violently pulled me with other Members out of the 〈◊〉 and interrupted the settlement peace liberty ease from taxes exciseâ—… 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
〈◊〉 〈◊〉 〈◊〉 〈◊〉 Subsâ—… Tunage and 〈◊〉 as their free Gifts and Grants in Parliament and that in moderate proportions to wit one Fifteen Tenth or Subsidy and no more in antient times and but two or three Subsidies and Fiâ—…s of later daies payable at sundry times in divers years for which our Kings returned them hearty thanks in their Answers to those Grants and granted them New (2) (2) 〈◊〉 〈◊〉 c. 37 52 H. 3. â—…5 25 E. 3. c. 1 2. c. 28 H. 8. c. 1. 〈◊〉 Paâ—…is Hist. Angliâ—… 311. 355. 36â—… 421. 576. 624. 688. 838. 833. 338. 940 941. 960. Confirmations of their Laws Liber â—…ies and the Grâ—…t Charter when violated together with beneficial General Pardons in recompence of these their Aids and Subsidies though for publick uses and defence which they never claimed nor imposed in the Clergy or 〈◊〉 but by their several free Grants in full and free Parliaments and Convocations of the Clergy as all our Parliament Rolls our imprinted Acts Histories and (3) (3) 4 〈◊〉 c. 1. p. 〈◊〉 25 to 35. Sir Edward Coâ—…k at large inform us Do not these our New Military Reforming Soveraigns as if they were more than Kings without any free gift grant or Act of Parliament in a full and free Parliamentary Assembly by their own New usurped Power without any thanks at all to the People or confirmation of their violated Laws Liberties Privilges or general Pardons against all former Acts and Parliamentary Votes impose both on the Clergy and Laity against their Wills beyond all Presidents of former ages what excessive heavy monthly Taxe s Excises impoâ—…s tunnage poundage and other payments they please upon the whole Nâ—…tion without intermission which their new-modelled Parliaments themselves must nor alter nor controll by the 27 28 29 Articles of their Instrument and levy them by armed Souldiers Violence imprisonments quartering and other great penalties fines inflicted on the Refusers of them and dispose of them at their pleasùres when levied without giving any account thereof to the Nation yea force them to pay their contributions some months before they grow due when no Lâ—…nd lord can receive his Rents nor Creditor his debts to pay these Taxes till at or after the time they become due And all to enslave impoverish the Nation to carry on new Wars without consent of Parliament and gain new Conquests abroad whiles in the mean time our Merchants are robbed undone our trading decayed by these taxeâ—… warâ—… and for want of well-guarding the Seas at home And not content with these ordinâ—…ry Monthly coâ—…tributions excises imports have not these Refarmers without any legâ—…l Trial hearing conviction of New Delinquency (g) (g) See my Gospel plea for the Ministers of the Gospel oft endeavouring to take away all Ministers Tithes though due unto them Jure divino as well aâ—… by the Laws of the Land exacted the 〈◊〉 of all formerly sequestred persons their heirs and Widowsâ—… estates improv'd according to the best improv'd value by a late Decimation for which there is no divine nor â—…uman Law or Right notwithstanding all former compositions Pardons under Seal Articles of War their own Act of Oblivion their late instrument of Government and oath for 〈◊〉 observance besides all our anâ—…ient Laws exempting them there from yea notwithstanding this sacred Canon Ezech. 18. 20. The Son shall not bâ—…ar the iniquity of the Father with this Maxim in our Law Transgressio personalis moritur cum persona when as yet many Sons yea some Infants are merely decimated 〈◊〉 their Fathers and Wives 〈◊〉 Dowers charged for their Husbands 〈◊〉 Nay which is yet more barbarous illegal hundreds of Orthodox able godly learned Protestant Ministers of our Church without any hearing or crime at all for their former expiated pardoned mistake in being addicted to the late Kings party are not only turned out of all their livings lectures fellowships schools at once but likewise prohibited to preach teach School in publike or private or to be entertained as Chaplains in private Houses to support themselves wives children or to administer the Sacrament or mary any under pain of imprisonment banishment And may not all our other Protestant Orthodox Ministers School Mastâ—…rs Scholars be thus 〈◊〉 down and suppressed at once by the like club-law and justice of which this President is a very sad presage Moreover do not these Reformers seise mens Horses Arms Swords fouling birding pieces yea the very Armorets Chandlâ—…rs Arms and Ammuntion though their stock wares trade livelihood at their pleasures upon every pretended plot fear jealousie Yea do not Souldieâ—…s Excise-men and their agents break open search ransack mens Housâ—…s Studies Trunks Chests both by day and night anâ—… take away their Goods Chattels yea their Writâ—…ngs ' Records Papers as they (h) (h) See my Nâ—…w Discovery of 〈◊〉 〈◊〉 did mine â—…t thâ—…ir pleasures against all Law and many late Parliamentâ—… Votes Nay have not they forced thousands of all sorts to enter into great penal Bonds of late with sureties both for themselves and all their Servâ—…nts containing strange unheard-of (i) (i) Adjudged illegal 1 â—… 3. c. 15. and 1 E. 3. 〈◊〉 2 3 4. illegall Conditions and forced them to pay some 10â—… others 5 â—… others 2 â—… 6 d. for every Bond an unparalleld oppression though many of them not worth so much under pain of Imprisonment sequestration and banishment in case of refusal to â—…mit all other extorted fees by Marshals Lieutenants Officers of the Tower and others â—…rom Prisoners by Souldiers for levying pretended arrears of Taxes and of Exâ—…ise-men and their Instruments And are not these more grievous abuses fit to be redressed than any coruptions excesses fees in Lawyers or our Laws No private Person or Lawyers can take one farthing from another against his will nor do the least prejudice to his reall or personal estate against Law but he may have present remedy for it But these New Reformers by Excises Imposts Contributions Decimations Sequestrations and new-invented forfeitures can forcibly extort and levy some Millions of pounds from the whole Nation every year against their wills all our Laws yea strip whole families of their Inheritances without any remedy by Law or otherwise yet this must be no grievance or injustice at all in them though the Highest Treason and unpardonable crying offences in Strafford Canterbury the old Council-Table and beheaded King but a most righteous proceeding necessary to be still pursued if not now established by a New Law inabling them still to tax and pollus at their pleasures without any future Parliaments or redresse 4. For the free course of the Common Law Right and Justice according to Magna Charta c. 29. We will deny nor deferre to no man Iustice or Right It was never so much obstructed in any age by any persons as by these new Reformadoes of our Laws Witness their unparalleld late Whitehall Ordinances touching their illegal Excises which not only indempnifieâ—…