The Asserter of the Peoples Liberty, Section 1

The Asserter of the Peoples Liberty · Section 1

p. 16The humble Remonstrance and Petition of the Peers.

MAy it please your Majesty, We the Peers of this your Realm now assembled in Parliament, finding the Earl of Arundel absent from his place amongst us, his presence was therefore called for. But thereupon a Message was delivered us from your Majesty by the Lord Keeper, That the Earl of Arundell was restrained for a misdemeanour which was personal to your Majesty, and lay in the proper knowledge of your Majesty, and had no relation to matter of Parliament. The Message occasioned us to inquire into the Acts of our Ancestors, and what in like cases they had done; that so we might not erre in a dutifull respect to your Majesty, and yet preserve our Right and Privilege of Parliament. And after diligent search made, both of all Stories, Statutes and Records, that might inform us in this case, We find it to be an undoubted Right and constant Privilege of Parliament, That no Lord of Parliament, sitting the Parliament, or within the usual times of Privilege of Parliament is to be imprisoned or restrained (without Sentence or Order of the House) unless it be for Treason or Felony, or for refusing to give surety for the Peace. And to satisfie our selves the better, we have heard all that could be alleged by your Majesties learned Counsel at law, that might any way infringe or weaken this claim of the Peers: And to all that can be shewed or alleged, so full satisfaction hath been given, as that all the Peers in Parliament upon the Question made of this Privilege, hath una voce consented, that this is the undoubted Right of the Peers, and hath inviolably béen enjoyed by them.

Wherefore we your Majesties loyal Subjects and… p. 17humble Servants, the whole Body of the Peers now in Parliament assembled, most humbly beseech your Majesty, that the Earl of Aruudel (a Member of this Body) may presently be admitted by your Gracious favour, …o come sit and serve your Majesty and the Commonwealth in the Great Affairs of this Parliament.

And we shall pray, &c.

VponUpon this Remonstrance and Petition sent to the King, the**See My Ple… …or …he …, p. 6. Peers presently adjourned their house till the next morning, by which time they expected the Earls release; but not finding him enlarged, the next day May 26. they presently adjourned their House till the 2. of June, refusing to sit, and resolving not to act any thing till the Earl wa… released to sit among them, or the particular cause of his Commitment and seclusion declared to them, that they might judge of its legality. Whereupon the King was inforced to release him to satisfie the Lords House: In imitation whereof the (f)(f)Exact Collection p. 34. to 57, 66, 67. &c.whole House of Commons the last Parliament of King Charls, upon the Kings comming into the House to demand the 5 Members he had impeached of High Treason, January 4. 1641. (which they Voted, To be an high Breach of the Rights and Privilege of Parliament, and inconsistent with the Freedom and Liberty thereof) presently adjourned it self, and so did the House of Peers too (upon his demand of the Lord of Kimbolton) refusing to sit as an House, but only as a Committee in Lo…don, for certain dayes, till this breach of their Privilages was repaired, and their … restored, vindicated, cleared by the King; who released all further prosecution against them.

From which Presidents in these Parliaments of King Charles, it is observable

1. That it is an antient and undoubted Privilege and… p. 18Right of all and every Mrmber of Parliament, as well Commoner, as Peer, (as likewise of their necessary Servants and Attendants) to be free from all Arrests, Imprisonments and restaints whatsoever by the King, Council, o… any others, except only in cases of Treason, Felony, and Breach Surety of the Peace: which was then cleared by 5 H. 4. n. 39. 5 H. 4. c. 6. 8 H. 6. n. 57. 31 H. 6. n. 25, 26, 27, 28. 39 H 6. n. 9. 7 E. 4. n. 36. 4 H. 8. c. 6. 3 Iacobi, the Baron of Wal…ons case, and Sir George Ha… case … Caroli, to which the Presidents printed in Sir Edward Cooks 4 Institutes p. 24, 25. and the Statute of 8 H. 6. c. 1. may be added; which declares, That the Great men and Commonally of the Realm of Englaud called or to be called to the Kings Parliament, do enjoy, and were wont to enjoy, and in time to come ought to enjoy, this liberty or defence in coming, tarrying, and retorning, not to be arrested, molested, or inquieted; and gi…es the same Liberty to the Clergy called to the Convocation by the Kings writs, and to their Servants and Families. Therefore the arresting, imprisoning, secluding, molesting of any Members of late or present times by the Army Officers or others, is a most apparent breach of this antient Privilege, worthy the severest penalties, and speedy reformation.

2. That the ground and only reason of this Privilege is, that all & every member summoned to, or elected and returned to serve in Parliament, might duly, freely, and diligently attend his publike trust and service in the Parl. Without molestation, restraint, seclusion or disturbance: (as these Presidents, Statutes, and Records resolve:) which all and every of them are bound to doe, under pain of being amerced, sined, and otherwayes punished, and of losing their wages besides; as is clear by the Statute of 5 R. 2. Parl. 2. c. 4. The King doth will and command, and it is assented in the Parliament by the Prelates, Lords and Commons, that all and singular… p. 19Persons and commonalties, which from henceforth shall have the summons of Parliament, shall come from henceforth to the Parliament in the manner as they be bounden to doe, and have been accstomed within the Realm of England of old times. And every person of the same Realm which from henceforth shall have the said summons, (be he Archbishop, Bishop, Abbot, Prior, Duke, Earl, Baron, Baneret, Knight of the Shire, Citizen of City, Burgesse of Borough, or other singular Pers…n or Comminalty) which doth absent himself, or come not at the said Summons, (except he may reasonably and honestly exc…se himself to our Lord the King) shall be amerced and otherwise punished, as of old times hath used to be done within the said Realm, in the said case, &c. As likewise by the Statutes of 1 H. 5. c. 1. 32 …. 6. c. 15. 9 H. 8. c. 16. The Act for Triennial …, 16 Caroli, 31 H. 6. n. 45, 46. 8 Martii 23 …. Cooks 4 Institutes, p. 1, 2, 4, 9, 10, 15, 17, 23 24, 35, 42 to 50, and my Plea for the Lords, which you may consult at leisure. Therefore no member duly summoned or elected, may or ought to be arrested, secluded, or suspended the Parliament by any Persons or Powers whatsoever, upon any pretext or new devised Instrument, but only by the House and Parliament it self, without the highest injustice, affront to the 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;… p. 20which 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)(g)Jan. 1648. Sec t…e History of …. 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… p. 21till 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)(h)The Levellers levelled, …. p. 21 22. My Plea for the Lords, p. 25. &c. 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 aud 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)(i)Mat. Par…s Hist. Anglie, p. 247. See My Pl…a for the Lords, p. 5, 6. Great Charter of King John, and the Statute of 5 R. 2. c. 4.… p. 22which 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 Honses of Parliament resolved in their (k) Declaration of October 23. and Remonstrance.…xact Collecton, p. 655, 657, 723, 724, 726, 727. 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…, p. 23which I desire all Swordmen, the whole Nation, and those especially who were then Members, to take special noti…e of.(l)(l)Exact Co lect…on p. 7 24. 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, 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 Swordmen 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… p. 24in 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… p. 25for 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, **Artic. 27, 28, 29.Instrurnents of like nature; is worthy the consideration of the next publike Assembly, and future English Parliaments.

XV. The (n)(n)12, 1… May 1628.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… p. 26offences 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 yon. 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 of28 May 1628. 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 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,… p. 27su…moned …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 …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 S…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. VVhichWhich 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 Mehu… 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, enjoyning… p. 82joining 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 S… C…ks 2 …st. … s p 198, 169.upon great forfeiture, that no great Man, n…r othe…, by force of Arms, or by malice or m…nacing, shall disturb any to make free Election. For violating which Law, and antient custome, the whole P…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, h…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 s…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 migh… 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 certain… p. 29years, 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 Ke…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;**Walsingham, Hist. Angliae, p. 414. Sir Edw. Cooks 2 Institut. s c. 1: p. 10. 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 int…rruption for the future, at the grievous complaint of the Commons, of the undue Election of the Knights of the Co…ties for the Parliament, which be sometimes made at the affections of Sheriffs and otherwise, against the form of the Writs, to the great slauder… p. 30of the Counties, and hinderance of the businesse of the Comminalty in the said County; it was ordained and establishid **7 H… 4. c. 11.by a special Act yet in force; that all that attend to the Election of the Knig…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 th… 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 onelyonly by the Kings Letters (surreptitiously procured frrm him by divers seditious and other 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 sor 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… p. 31election, 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**29. … 3… M…, 1628. 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, p. 32(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**See Cooks 11. Report, f. 84,. 85, &c. 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… p. 33Englaud,) 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… See my humble Remon…ance against ship-mon…y. p. 8. 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**24 & 28 …. 2 & …il. 19. …, &c. 1628. special Committee to hear, examine, report, punish the manifold complaints of the …ounties, aud 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 resused to pay them, by quartering Souldiers upon …hem till paid, or imprisoning, or v…xing the Refusers. For which these Lieutenants, DeputyLieutenants, 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… p. 43King. And whether the late erected New Powers of our Major Generals, and their Deputies throughout England be not such (in imita…on of(o)(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. 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)(p)Sec Tur…, … … & … …. 1634. 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… p. 35the 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… p. 36amongst 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)(q)See the Decl…ation of M…ch 17. 16. 3. with the sentence against him. 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… p. 37it, the whole Commons House then thu… petitioned.