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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

my Plea for the Lords which you may consult at leisure Therefore no member duly summoned or elected may or ought to be arrested secluded or suspended the Parliament by any Persons or Powers whatsoever upon any pretext or new devised Instrument but only by the House and Parliament it self without the highest injustice affront to the Parli●…ment Member and the people who elect him 3. That the Parliament alone during its sitting and no other person or powers whatsoever is and ought to b●… the sole Iudge of the due elections offences fi●…nesse ejection seclusion suspension imprisonment of the Members of Parliament And that no Member in cases of Treason Felony or Breach of Peace ought to be taken away or detained from the service of the House whereof he is a Member until that House hath satisfaction concerning the truth of the fact and grounds of the Accusation ●… which it is bound to examine and then to proceed against him themselves if it be proper for the Parliament or to suffer him after to be proceeded against elsewhere as resolved in the Presidents of Sir Edmund Sawyer Mr. Baber Sir Simon Steward Sir Robert Stanhop the Earl of Arundel the Lord of Kinbolton and 5 ●…mpeached Members forecited of late By sundry antient Presidents in my Plea for the Lords p. 33 to 54. My Ardua Regni and Levellers Levelled Cooks 4 Inst●…tutes p. 23 24 c. And ●…xpresly declared by the Lords and Commons in their printed Declaration Octob. 23. and Remonstrance Novemb. 2. 1●…42 Exact Collection p. 655 657 723 724 726 727. Wherefore for any persons or Powers out of Parliament to arrest o seclude any Member duly summoned or elected by the People especially without before or against the judgement of the Parliament or withont rendring any reason thereof to the Parliament and People who elect them is the highest usurpation over and affront to the Soveraign jurisdiction of Parliaments that possibly can be devised yea an erection of a supream new Power both over Parliaments themselves and their Members and great injustice to the People lately (g) voted the Soveraign Power and only fountain of all lawfull Authority in the Nation 4. That the Parliaments of England in all former ages have been very diligent vigilant zealous resolute couragious in maintaining these their antient undoubted Privileges of their Members and the Houses of Parliament against the least incroachment or violation not suffering so much as one or two of their Members at any time especially in the Parliaments of King Charles to be imprisoned or restrained from the Parliament for any real ar pretended causes without present demanding of him or them and examining the grounds of their restraints adjorning their Houses and refusing to sit or act til●● till their Members were restored righted and their Privileges repaired And that upon these four grounds worthy special observation 1. Because our Parliaments in former times were constantly adjourned from the day of their first appearance till a further time when any of the Lords Knights and Burgesses by reason of shortness of time other publike imployments or default of the Sheriffs returns were absent and did not appear to make up a full Parliament upon the first day of the Summons which I have proved by 30 Parliaments Presidents and Records (h) elsewhere cited in the reignes of King Henry 3. Edward the 3. Richard 3. and Henry the 4th to which some others might be added to prevent the danger of acting any thing in a thin or packed House 2. Because the undue seclusion of any Members duly elected by force or combination especially when others unduly or not at all elected by the people were returned and admitted as Members hath nullified ma●…e void and rep●…aled all the Acts and Proceedings of former Parliaments thus fraudulently packed for sinister private ends as being no Parliaments at all in law or truth but a packed Conventicle and Confederacy as the printed Statutes of 21 R. 2. c. 12. ●… H. 4. c. 3. and rot. Parl. 1 H. 4. n. 22 23. 38. 48. 66. 70. 38 H. 6. n. 35. 39 H. 6. c. 1. 17 E. 4. c. 7. And the Statutes of 10 H. 7. c. 23. made in Ireland will resolve the perusers of them being over-tedious to transcribe 3. Because else the King and his Council or others might as well summon what Nobles Counties Cities Boroughs they pleased to the Parliament and omit whom else they pleased out of the Summons without any Writs directed to them and seclude or admit whom they pleased when summoned elected returned to serve in Parliament contrary to the (i) Great Charter of King John and the Statute of 5 R. 2. c. 4 ●… which expresly prov●…de That all the 〈◊〉 Citizens B●…gesses 〈◊〉 and 〈◊〉 shall be Summon●… to every Parliament And if any Sheriff of the Realm be from henceforth negligent in making his returns o●… Writs of the Parliament or that he leave out of the said Returns any Cities or Boroughs which be bound or were of old time wont to come to the Parliament he shall be 〈◊〉 or otherwise punish●…d i●… the mann●…r as was accustomed to be done in the said cas●… i●… im●…s past They being all to be summoned as formerly ex debito Justiciae as Sir Edward Cook resolves in his 4th Institutes p. 1. printed by the Common●… House speci●…l Order else the Parliament will be Void and Null as the Statute of 10 H. 7. ●… a 3. for Ireland declares resolving the Patent of Drogheda to be void upon this reason 4. Because as both Houses of Parliament resolved in their k Declaration of October 23. and Remonstrance Novemb. ●… 1642. published in print to all out 3. Kingdom●… and the World penned and assented to by some Grande●…s in present power 〈◊〉 King or ●…ny prevailing party whatsoever might else at any tim●… secludo and pull out of the House of Parliament all such Members as they sound 〈◊〉 and opposite to their 〈◊〉 Mak●… whom and how many Members they pleased a Major part to carry on t●…eir designes and thereby destroy the whole Body of the Parliament by pulling out the principal Members and pull up their Privileges by the roots A treachery injury innovation not to be tollerated or connived at in the least Degree after so many Protestations Vowes Solemn Leagues Coven●… Declaratio●… Remonstrances both by the Parliament and Army and so many years bloudy Wars for defen●… of the Rights and Privileges of Parliament I shall therefore close up this particular with the memorable words of Lord●… and Commons forenamed Remonstra●… which I desire all Swordmen the whole Nation and those especially who were then Members to take special noti●…e of (l) This Privilege of the Members seclusion from the House and arrests fore mentioned is so clear and essential a Privilege of Parliament that the whole Freedome of Parliament depends upon it For who sees not that by this means under false pretences of Crimes and Accusations

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 Stacu●…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 frée●… 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 Grievanc●… 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 Lep●…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 ex●…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 L●…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 S●…ort 〈◊〉 to the I●…ws long discontinued bar●…d Remitter into●… 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 with●…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 As●…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. Fi●…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 ●…ounties and Corporations of England against the New exorbitant power and proceedings of L●…enants and Depu●…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 bi●…ing of Souldiers and levying them by Souldiers on such as refused to pay them by quartering Souldiers upon ●…hem till paid or imprisoning or v●…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 P●…icious to the Country and dishonorable to the●… King And whether the late erected New Powers of our Major Generals and their Deputies throughout England be not such in imita●…on of (o) Wil. Longcham the first Protector in the Reign

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