The Asserter of the Peoples Liberty, Title page – Preface to the reader

The Asserter of the Peoples Liberty · Title page – Preface to the reader

DEMOPHILOS, OR THE ASSERTOR OF THE Peoples Liberty.

PLAINLY Demonstrating by the Principles even of Nature it self, and by the Primitive Constitutions of all Governments since the Creation of the World.

That the very Essence and the Fundamental of all Governments and Laws, was meerly the safety of the People, and the …ancement of their Rights an… …erties.

To which is added … General Consent of all Parliaments in the …, and the Concurrence of threescore and two … since first this Island was visible in earnest, and …merce with other Nations, hath been … … … and Neglect.

By William Prynne … Bencher of Lincolns-Inne.

LO…DON, Printed for Francis … in the Old-Baily. 1658.

To the imprejudiced Reader.

BEing importunately solicited by Mr. VVilliam Shepheard, a Lawyer, specially imployed by some Swordmen and Grandees at VVhitehall, (from whence he came to visit me at my Study in Lincolns Inne, within two daies after their resolution to call a new Assembly at VVestminster, …herewith he acquainted me) to regulate the abuses in the execution of our Laws; that I would consider of such abuses of this Nature, as I had observed, for him to present to that Assembly to be reformed by them, being one chief end of their meeting; which I then informed him, I had no time to do, being ready to take my Journey into the Country; and that Sir Iohn Davis in his Epistle to his Irish Reports, had written so much in justification of our Laws, as would satisfie and filence all soldiers and others that ignorantly censured them. He thereupon desired me at my vacant times, to consider of this his motion in the Country, for the publick good. Which I …nce calling to mind, and considering that in the Par…iament of 5 R. 2 …. Parl. n. 17, 18. it was the re…olution both of the Commons and Lords ( … redress of their publick Grievances and oppressio…s)**Reformalio … d bet … in ca pite, et sic … Gradu gradatim ad imum. that Reformation … ought to begin in the Head, and so gradually from the Highest … to the Feet: and that it will be both… bootlesse, impolitick, and ridiculous for any publick or private State-Physicians, or Reformers, to spend their time and pains only to cure some small scratches, or cuts in the toes, or fingers; or breaches in the tyles or seeling of our State and Laws, (as some Mountebancks, and Pseudo-politicians now do) and in the mean time to overpasse, neglect, if not increase, dilate the large deadly wounds, in the very Head, Heart, Vital Parts; and most dangerous Breaches, Underminings in their very Foundations, which threaten present death, and suddain Ruine to the whole Body of our State, Laws, Nation, if not speedily healed, repaired with all possible care and diligence, by the most skillfall Artists and Philopaters, sufficiently qualified for such a desperate difficult publick cure, Repair, and with sincere self-denying publick spirits, couragiously addressing themselves with all their skill, might, to this necessary Heroick work. And withall observing, that there can be no health, ease, rest, quiet, but perpetual pain, languishing, consumption, torture, decay in the Body politick of our Nation, as in the Body n… tural, so long as there is any dislocation, fraction, convulsion, wound, malady in the Bones, Nerves, Arteries, or chief Parts and members thereof. And, then remembring that serious Protestation, and solemn League and Covenant, which I my self, …ll members of the late Parliament, most Persons in late power, and the generality of all the well-affected people, to publick Laws, Liberty, Justice, Religion, in our three Kingdomes, … long since took in the presence of the most High God, Angels, and Men with hands li…ted… up to Heaven, and then subscribed with those hands; That they shall with sincerity, reality, and constancy, in their several Vocations, endeavour with their Estates and lives, mutually to preserve the Rights, Privileges, Laws and Liberties of the Parliaments and Kingdomes of England, Scotland, and Ireland, &c. And in this common cause of Liberty and peace of the Kingdomes, assist, and defend all those that enter into this League and Covenant, in the maintaining and pursuing ther…of; and not suffer themselves directly or indirectly, by whatsoever combination, perswasion, or terror to be divided or withdrawn from this blessed union, &c. but shall all the daies of their lives, zealously, and constantly continue therein against all opposition, and promote the same according to their power, &c. (which Solemn League and Covenant I find subscribed in **At the end of the solemn League and Covenant, printed by b…th Houses orde…s by it self, and sent into all Counties: and in A Collection of Ordinances, p. 426, 427, 128.print, by VVilliam Lenthal Speaker, Robert Nicholas, Gilbert Pickering, Oliver Cromwell, Philip L. Lisle, VVilliam Ellis, Oliver Saint-John, Miles Corbet, John Lisle, Francis Rous, Nathaniel Fyennes, Edmund Prideaux, John Glynn, Bulstrode VVhitelocke, Edward Montagu, and others in greatest present power and imployments, whom I desire now to remember, and perform the same effectually, as they shall answer the contrary at that great day, when the secrets of all hearts shall be disclosed, according to those their printed subscriptions thereof, for all the good ends therein prescribed.) I… thereupon apprehended I could not perform a more seasonable, acceptable, or beneficial service to my naaive Country in pursuance of the Protestation, …nd solemn League and Covenant, (lying still as sacred Bonds upon my conscience,) that to draw up this summary Collection of the principal fundamental hereditary Rights, Liberties, Properties of all English Freemen, both in relation to their Persons; Estates, and free-Elections (most mortally wounded, more dangerously under-mined, shaken, subverted by force and fraud of late years, since our Parliamentary and Military contests for their defence, to the vast effusion of our Treasures and Blood, (by some who were most deeply engaged in their Protection and preservation) than in the very worst of former ages, under our late or antient Kings, in every particular branch:) And of the several memorable Votes, Resolutions, Declarations, and Acts of Parliament, for their Vindication and Corroboration, in the happy Parliament of 3 Caroli; (remembred and ratified likewise, in the last Parliament of King Charles) as the most soveraign Balm, the most effectual materials prepared, applyed by the l…arnedest, skilfullest, wisest State-Physicians and Builders in those Parliaments, to heal and close up the mortal wounds, the perilous Breaches, our late Kings **See the commons Remonstrance 15 Decemb. 1641. Exact collection p. 4, 5, &c.Jesuitical, arbitrary, tyrannical, ill-counsellors, and other Viperous self-seeking projectors had formerly made in them, to the impoverishing, oppressing, enslaving of the People, and endangering the utter subversion both of our Fundamental Laws, Liberties, Properties,… Government, Parliaments, Kingdomes, Religion; now in a more desperate deplorable condition than ever, unless speedily revived, by the fresh application of these healing Cordials, reunited, repaired, supported with, these sementing Ingredients by some expert, active Chirurgians and Master-builders, to whom I humbly recommend them; as a brief Corollary to the first and second part of my seasonable, legal and Historical Vindication and Collection of the good old fundamental Liberties, Franchises, Rights; Laws of all English Freemen; till God shall enable me to compleat the remaining parts thereof, in their Chronological series of time; the best Legacy I can leave behind me to my Native Country, and the whole English Nation, whose real Liberty, VVeal, Tranquillity, Prosperity, (next to Gods glory and the safety of our endangered Church and Religion) hath been the sole scope, end, of this, and all other his publications; who, though ingratefully, despitefully requited for most of them, would repute it his greatest infelicity to be enforced (or hear other Cordial State-Physicians compelled) now at last to say of England, as Gods people once did of Babylon, Jer. 51. 8, 9, 10. Babylon is suddenly fallen and destroyed, howle for her, take balm for her pain; If so be she may be healed. VVe would have healed Babylon, but she is not healed; forsake her, and let us go every one into his own Country; for her judgment reacheth unto Heaven,… and is lifted up even to the Skies. Yet the Lord hath brought forth our righteousnesse: as he hath (maugre all Enemies, Oppositions, Slanders) the righteousnesse of him, who desires thy kind acceptation of this Breviary, and prayers for Gods blessing upon this, and all other his real endeavours for sick, desperately-wounded Englands cure;

Swainswick Septemb. 6. 1656. William P…nne.

p. 1A Summary Collection of the principal fundamental Rights, Liberties, Properties of all English-Freemen, &c.

THe Liberty of the Subjects Persons having in the three first years of our late King Charles his Reign been very much invaded, endangered, undermined, 1. By Imprisonment of their Persons, by the Lords of the Council, without any special Legal cause assigned in the Warrants for their commitment, but only the Kings command; 1. By honorable banishments upon pretence of forein imployments; 3. By confinements to particular places; 4. By remanding and not bayling them by the Judges upon Habeas Corpora sued forth by them; 5. By Commissions for Trials of Souldiers and others for their live, by Martial Law, in times of peace, when other Courts of Justice were open; and the like. The properties of their Goods aud Estat…s being likewise much encroached upon, and in a great measure subverted, 1 By forced Loans and contributions. 2. By Lieutenants and Deputy-Lieutenants exorbi… Powers, and new rates, taxes, imposed on, and forced from them, without grant in Parliament, for billeting Souldiers, and quartering Souldiers in mens Houses… p. 2against their wills till they paid those rates. 3. By exacting Tunnage, Poundage, New customes, and impositions without special grant and act of Parliament. 4. By an intended Commission of Excise, (never put in execution) and other particulars of like nature. And the Liberty of their Free-elections, much impeached by Lieutenants, and others Letters, menaces, summoning of trained Bands to elections, and the like indirect courses. Whereupon the Parliament begun on Monday, 17 Martil, 3 Caroli, in the year of our Lord 1627, to vindicate these their infringed Liberties, properties, freedomes, and preserve them from future violations of this nature; after many learned Arguments by Sir Edward Cook, Mr. Noy, Mr. Selden, Mr. Littleton, Mr. Masen, Mr. Creswel, Mr. Shervile, Mr. Sherland, Mr. Bancks, Mr. Rolls, Mr. Ball, with other Lawyers, and able Members of the Commons House, passed their … Votes against them, Nemine centradicente; fit now to be revived, re-established, after more dangerous avowed publick Violations of our hereditary Fundamental Liberties, Properties, by the greatest pretended Military and civil Champions for, and Patrons, Assertors and Protectors of them, than any in former ages, as the probablest means under God then, and now to cure the mortal distempers, and repair the sad divisions, …, desolation of our Land, (a)(a)2 April 1628.Resolved upon the Question.

1. That **See the great Charter of King John. Mat. Paris p. 248. Magna Charta. 9 H. 3. c. 29. 5 E. 3. c. 9. 25 E. 3. c. 4 28 E. 3. c. 3. 37 E. …. c. 18. 42 …. 3. c. 3. 2 H. 4. …. Parl. …. 60. 69. The Petition of Right. 3 Caroli.no Freemau ought to be committed, deteined in Prison, or otherwise restrained by command of the King, or privy Council, or any other, unless … cause of the commitment, restraint or deteiner be expressed, for which by Law he ought to be committed, deteined, or restrained.

2. That a Writ of Habeas Corpus, may not be denied, but ought to be granted to every man, that is committed, or deteined in Prison, or otherwise restrained,… p. 3although it be by command of the King or Prioy Councill, or any other, he praying the same.

3. That if a Freeman be committed or deteined in Prison, or otherwise … by command of the King or Privy Council, or any other, no cause of such commitment, deteiner or restraint being expressed forthwith, for which by Law he ought to be committed, restreined or detained, and the same being returned … an Habeas Corpus granted for the same party, that then he ought to be delivered or bayled.

4. (b)(b)4 April 1628.That no Freeman ought to be confined to his House, or any other place, by any commaud of the King or Privy Council, or any other, unless it be by **Mag. Charta, 9 H. 3. c. 29. 35 Eliz. c. 2. 3 Jac. c. 5. Daltons Justice of Peace, c. 45. … H. 5. c. 8.Jas 5Act of Parliament, or by other due course, or Warrant of Law.

5. (c)(c)7 May, 1628.That the Commission for martial Law, and 9 H. … 3. c. 29. 5 E. 3. c. 9. 25 E. 3. c. 4. 28 E. 3. c. 3. 15 E. 3. c. 1, 2 1 H. 4. rot. Parl. n. 43. 44, &c. … of Right, 3 Caroli. See My Discovery of Freestate Tyranny, p. 39, 40, 41.all other of such nature, to be executed within the Land at such times as were appointed by this Commission, (then questioned, to wit in times of peace, when the Kings Courts of Law were open, and other Legal trials might be had by Juries in Courts of Iustice) are against the Law.

6. That ††Petition of Right, 3 Caroli.billetting and placing of Souldiers or any other person in the House of any Freeman, against his will, is against the Law.

7. (d)(d)4 April, 1628.That it is the **Mag: Charta, c. 30. 25 E. 1. c. 5, 6. 34 E. 1. De Tallagio non concedendo, c. 1. 14 E. 3. stat. 1. c. 21. stat. 2. c. 1. 15 E. stat. 3. c. 5. 27 E 3. stat. 2. c. 2. 38 E. 3. c. 2. 1 R. 3. c. 2. 21 E. 3. rot. Parl. n. 16. 25 E. 3. rot. Parl. n. 16. 36 E. 3. rot. Parl. n. 26. 45 E. 3. rot Parl, n. 26. 1 H. 4. rot. Parl. n. 32. 43. 11 H. 4. rot. Parl. n. 50.antient and undoubted Right of every Freeman, that he hath a full and absolute propriety in his goods, and Estate; And, that no taxes, Tallages, loan, bonevolence, or other charge ought to be commanded, imposed, or levyed by the King or his Ministers, without commou consent by Act of Parliament.

All which Votes were drawn up, and inserted into… p. 4the Petition of Right, assented to by the Lords, and at last by the King himself in his Answer to that petition, as the antient Fundamental Rights and Liberties of all English Freemen. And therefore after all our late Parliamentary and Military contests, wars for their defence; fit to be confirmed, ratified by all sorts of Domestick waies and policies, by which the great Charter was**See rot. Par. 17 Iohannis 22, 23, 24. dors. Mat. Paris p. 243 to 255. 305 to 312. 838, 839. 878. 890. 892. 938, 940, 941, 960. & 25 E. 1. c. 1. &c. 28 E. 1. c. 1. & Claus. 28 E. 1. m. …, 8. antiently confirmed, and all violations of them exemplarily punished, without any further argument or debate, being indisputable principles and foundations, whereon all our Liberties, Properties, as English Freemen, are bottomed. To which end I would advise that all Civil and Military Officers whatsoever, as well Supreme as subordinate; all Members of Parliament, Barresters, Attornies, Graduates in our Universities, Steward of Leets and Court Barons throughout … Dominions, should from time to time, upon, and at their investitures into their several Offices, Trusts, or taking their Degrees be corporally sworn To defend and maintain the Great Charter of England, the Petition of Right, and other Fundamental Lawes of this Land; together with the antient undoubted Rights and Liberties of our English Parliaments, (according to their late Protestation, and Solemn League and Covenant) And that all Justices of …, Judges, and Justices of the Peace, should specially be sworn at every Assizes and Sessions of the Peace in their respective Circuits, Counties, Corporations; and the Justices of the Kings Bench every Term, amongst other Articles to the Grand Iury, to give them in charge upon their Oaths, diligently to inquire of and present all Offences, Exactions, Oppressions, Taxes, Imposts and … whatsoever, against the Great Charter, the Petition of Right, and other Good Lawes for the preservation of the Liberty, Right, and Property of the Subject, by any person or persons; to the end, that they may be exemplarily punished according to Law, by Fines, Imprisonments or otherwise, as the… p. 5quantity and quality of the Offences deserve: It being the**Exact. …. p. 20, 21, 309. 326. 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)(e)25 Iune, 1628.That the receiving of Tunnage and Poundage, and otber Impositions not granted by Parliament, it **Mag. Charta, 9 H. 3. c. 20. 25 E. 1. c. 1. 6. 34 E. 1. c. 1. 2. 14 E 3. …. 1. c. 21 …. 2. c. 1. 35 E. 3. …. 2. c. 1. 15 E. 3. stat. 3. c. 5. 1 R. 3. c. 2. 21 E. 3. …. …. n. 16. 36 E. 3. ….. …. n. 26. Exact Coll. p. 382, 383, 884, 857, 858.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)(f)Exact Collection, p. 789, 790, &c.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)(g)11, 15, 19 Iune 1628. a Commission of Excise, was complained of and brought into the Commons House, and there read, which commanded them to … … by Impositions or otherwise, as they in their wisdoms should find convenient, for… p. 6the 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 Majestics 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)(h)… Collection p. 885. 6. Mr. O: …. Iohns speech and … … receiving … p. 13. 15. 16, …. … my Declaration and … … the … extortion of Excise. 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 … …. 3. …. 2. …. 4 …. 4. c. …. 5 E. 3. c. 8. … … …. …. … … ….case of necessity of the sudden comming in of strange Enemies into the Kingdom; or except they … otherwaies bound by the Tenures of their Lands or possessions; Nor … sent out of the Realm against his Will upon any forein… p. 7imployment, 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)(i)Exact …, p. 389, 390, &c, 435, 436, 877, 878, 879, &c. 887.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.19, 22, 23, 24, 26, 27, 28 May 1628.

XI. After the Petition of Right had passed the Commons House, and was transmitted to the Lords; the House of Lords desired, that this Clause might be added… p. 8to the close thereof. We humbly present this Petition to your Majesty, not only with a Care of Preservation of our own Liberties, but with a due regard to leave intire that Soveraign Power where: with your Majesty is trusted, for the Protection, Safety, and Happinesse of your People. The Commons a…ter a long and full Debate, resolved, That this Saving ou…ht to be rejected, and by no means to be added to this Petition; though very Specious in shew and words; for that it would be destructive to the whole Petition; and would leave the Subjects in farre worse condition than it found them. For whereas the Petition recites, That by the Great Charter and other Laws and Statutes of this Land, No Loan, Tax, Tallage or other Charge ought to be imposed on the Subjects, or levyed, without common consent by Act of Parliament, Nor any Freeman of this Realm imprisoned 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 int…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 consent… p. 9and 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, th… 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 fabri…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. Upon… p. 10these 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**Exact Collect. p. 885. 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**Articuli super Chartas, cap. 20. 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 people… p. 11hearing 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 Petition… p. 12of Right, and by these antient Warlike Kings, and true English Parliaments, from whose vigilancy, magninamity, unaminity, zeal, courage in defence of the…e our fundamental Charters, Laws, Rights, Liberties, we should now be ashamed to degenerate, after so many years, wars, and vast 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 oppositio…. 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)(k)22, 23, 24, 25 March, 1628. and sund…y daies after. 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 reestablish, secure their violated **52 H. 3. c. 5. 25 …. 1. c. 1, 2, 3. 28 E. 1. c. 1, 2. 1 E. 3. Stat. 2. c. 1. 9. 2 E. 3. 6. 1. 4. 5, 10, 14, 15, 25, 28, 31, 36, 37, 38, 42. 45 E. 3. c. 1. 1, 2, 3, 5, 6, 7, 8, 9, 12 15 …. 2. c. 1. 2. 1, 2. 4, 7, 9. 13 H. 4. c. 1, 3, 4. 9 H. 5. c. 1. 2 H. 6. c. 1. 11 H. 7. c. 1.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 be…ng both dangerous, imprudent, and a breach of their trusts towards the people who elected them, to play an Aftergame 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 fi…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)(l)21 Junii, & 9 April 1628. 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 imposiiont… p. 13on 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 Car…li the(a)(a)19 M…rtii 1627. Speaker in the close of his first Speech to the King (according to(b)(b)6 H. 4. …. 8. 3 H. 4. n. 8. &c. 9 H. 4. …. 12, 13, &c 11 H. 4. 1. 10, 11. 13 H. 4. …. 10. 11. Cook 4 Inst…t. p. 8. 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)(c)29 Martii 1628.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)(d)See my Plea for the Lords, p. 50, 51, 52. & 8 H. 6. n. 57 William Mildreds cas…, Bu…gess of London. No Member of Parliament can be arrested but for Felony, Treason, or Peace: And all here may be committed p. 14(under thefe pretences) and then where is the Parliament? Surely the Lord… will be glad of this, i… concerns them as well as us. (e)(e)3 & 5 Maii 16. 8.Not long after the Common House being informed, that Sir Robert Sta… 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. …anshaw alleging That in such caf…s some Members by order of the House had entred into Recognizances in the Kings Bench in former times, to keep the Pe…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 su…e of the Kings Attor…y, upon a Bill there exhibited against him, for sundry misdemeanours; complained thereof to the House, and shewed that he had been… p. 15inticed 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 p…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. VponUpon 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 en…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 Judgement against him: Which was done accordingly. To these cases of Privilege in the Commons House, I shall adde another memorable one in the Lords House, in the second Parliament of King Charls. The King sitting that Parliament, committed the Earl of Arundel to the Tower, without leave of the House, or acquainting the Lords with the cause thereof. Whereupon, May 25. 1626. the Lords drew up and sent this Remonstrance and Petition to the King, entred in their Journal on record.