The Principal Rights of all English Freemen, Floating text 1 – Floating text 2

The Principal Rights of all English Freemen · Floating text 1 – Floating text 2

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 u…, 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 knowl…dge 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, Sratutes 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 ſati…fie 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, to 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 Pleaſor the Lords, 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 was 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 ffExact Coll ction 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 London, for certain dayes, till this breach of their Privileges was repaired, and their Mmbers 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 reſtreints whatſoever by the King, Council, or 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 Waltons caſe, and Sir George Ha…ings caſe 2 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 Commonalty of the Realm of England 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, moieſted, or inquieted; and gives 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, fined, and otherways 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 Perſon or Comminalty) which doth abſent himſelf, or come not at the ſaid Summons, (except he may reaſonably and honeſtly excuſe 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 H. 6. c. 15. 9 H. 8. c. 16. The Act for Triennial Paliaments, 16 Caroli, 31 H. 6. n. 45, 46. 8 Martii 23 Eliz. 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 Parliament, 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 be the ſole Iudge of the due elections, offences, fitneſſe, ejection, ſecluſion, ſuſpenſion, impriſonment of the Members of Parliament. And that no Member …n 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 impeached 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 Institutes, p. 23, 24, &c. And expreſly 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 without 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 ggJan. 1648. See the Hiſtory of Independency.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 till 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 hh… Lord … &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, made void and repealed 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. 1 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 iiMat. Paris Hiſt. Angliae, p. 247. See My Plea for the Lords, p. 5, 6.Great Charter of King John, and the Statute of 5 R. 2. c. 4. p. 22which expreſly provide, That all the Barons, Citizens, Burgeſſes, Comminalties and Counties ſhall be ſummoned to every Parliament. And if any Sheriff of the Realm be from henceforth negligent in making his returns of 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 amerced or otherwiſe puniſhed, in the manner as was accuſtomed to be done in the ſaid caſe in times past. They being all to be ſummoned as formerly, exdebito Iuſticiae, as Sir Edward Cook reſolves in his 4th Institutes, p. 1. printed by the Commons Houſe ſpecial Order: elſe the Parliament will be Void and Null, as the Statute of 10 H. 7. c. 23. 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, Exact Collecton, p. 655, 657, 723, 724, 726, 727.Novemb. 2. 1642. publiſhed in print to all our 3. Kingdoms and the World, (penned and aſſented to by ſome Grandees in preſent power) the King or any prevailing party whatſoever might elſe at any time ſeclude and pull out of the Houſe of Parliament all ſuch Members as they found …r…ſſe and oppoſite to their deſigns; Make whom and how many Members they pleaſed a Major part, to carry on their 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, Covenants, Declarations, Remonstrances, both by the Parliament and Army, and ſo many years bloudy Wars, for defence of the Rights and Privileges of Parliament. I ſhall therefore cloſe up this particular with the memorable words of Lords and Commons forenamed Remonſtrances, p. 23which I deſire all Swordmen, the whole Nation, and thoſe eſpecially who were then Members, to take ſpecial notice of. llExact collection p. 724.This Privilege of the Members ſe…uſion 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 Members of both or either Houſe may be taken out of it at any time, by any perſons to ſerve a torn, and to make a major part of 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 cauſe to believe, that the People of England, knowing that their Lives and Fortunes are bound up in this Bundle, will venture their Lives and Fortunes in this Quarrel. Accurſed, and for ever execrated then let all thoſe Sword-men and Innovators be, who by any Matchiavilian Policies, Engines, or Inſtruments whatſoever, ſhall endeavour to deprive the Parliaments and People of England, of this their antient eſſential Privilege and Freedoms; 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 of 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) to 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, according to the late Act for triennial 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 D…. Manwaring (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 peril 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 poſitions 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.Inſtruments of like nature; is worthy the conſideration of the next publike Aſſembly, and future Engliſh Parliaments.

XV. The nn12, 13 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 County; For that ſome of them being Deputy. Lieutenants, and others of them Juſtices of Peace of the County of Cornwal, writ Letters to this effect. Whereas the ſafety of the Realm depends upon the Parliament, we the Deputy-Lieutenants and Juſtices to whoſe care the County is committed, finding A. and B. fit perſons, have deſired them to ſtand to be Knights, whereof we give you notice; and adviſing Sir John Eliot and Mr. Cariton to deſiſt, that they wiſhed them not to be choſen, and menacing them in this manner, but if you go on, we will oppoſe you by all means, leſt his Majeſty ſuſpect our fidelity; ſince you know how gracious you are to his Majeſty, and how many waies he hath expreſſed his diſpleaſure againſt you. And his Majeſty will conceive your Election to be an affront to his ſervice, and ſo we ſhall draw the diſpleaſure of the King on us Our hope is, that you out of conſcience and loyalty will not ſeek this place; and we let you know, that if you 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 free-dome of the election of the Knights of that County; and thereupon thus cenſured by the Houſe. On the 28 of 28 May 1628.the ſame May 1628. Sir John Eliot reported from the Committee ſundry complaints 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. 27ſummoned ever 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 men, 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 Sommons 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 500l. 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 Mohun 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 peole, enjoining p. 82ſuch 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…e Cooks 2 Inſtitutes p 198, 169.upon great forfeiture, that no great Man, nor other, by force of Arms, or by malice or menacing, ſhall disturb any to make free Election. For violating which Law, and antient cuſtome, the whole Parliament 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, his People in all Counties of his Realm, ought to be free, to chooſe and d…pute Knights for the ſaid Counties to be preſent in Parliament, and to declare their Grievances, and to proſecute remedies thereupon, as it ſhould ſeem 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 might eaſily induce, as he frequently did; ſometimes by divers 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 Kent, 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.) & contraformam Electionis antiquit us uſitatae, 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 Parlia ment 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 Counties 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. 15.by a ſpecial Act yet in force; that all that attend to the Election of the Knights 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 tht 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 Stacute 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, fome 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…. Maii, 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 likewiſe the ſole making of Letters Miſſives and Proceſſe in that Court for 3. Lives. The Committee of Grievances, 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 Lepton 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 execution, 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, Leaſes, 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, fee, and intollerable vexation upon all ſorts of people, to their intollerable prejudice, and vaſt expence of 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 Short Demurrer to the Iews long diſcontinued barred Remitter into p. 33England,) 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 expencè; and oft times return at laſt with…ut 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 Remonſtrance againſt Ship mo…y. p. 8.and Monopoly, as this of Lepton and Mounſon, fit to be redreſſed; I refer to the approaching Aſſemblie, 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 fol. 86. b.

17. They appointed a **24 & 28 Martii. 2 & Ap…il. 10 Mai… &c. 1628.ſpecial Committee to hear, examine, report, puniſh the manifold complaints of the Counties, and Corporations of England, againſt the New exorbitant power and proceedings of Lieutenants and Deputy-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 billetting of Souldiers, and levying them by Souldiers on ſuch as refuſed to pay them, by quartering Souldiers upon them till paid, or impriſoning, or vexing 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, Pernicious to the Country, and diſhonorable to the p. 34King. And whether the late erected New Powers of our Major Generals, and their Deputies throughout England be not ſuch (in imitation of ooHovenden Annal: pars poſterior p 700 to 736. Nubrigenſis Hiſt. l. 4. c. 14 to 19. Godwin in his life p. 247 to 271. My new Diſcovery of Preeſta…e Tyranny p. 77. &c.Wil. Longchamp the firſt Protector in the Reign of Richard the firſt, who placed in every Connty armed Troops of Mercinary Souldiers, under New Governors of their 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 ſhamefully ſtript of all his Authority, and forced to flye over Sea, diſgniſed in womens apparel, within one year after, notwithſtanding all his Guards, or Garriſons; or of the ppSee Tur…e … Status & deſcriptio …ugduni. 1634.Turkiſh Baſhawes, and Beglerbegs, as moſt Patriots of theit Countries Freedome, and the ordinary people mutter) and their exorbitant Tyrannical proceedings in apprehending, taxing, decimating, diſ-officing, diſ-franchiſing, and ſequeſtring all ſorts of men in Counties and Corporations at their pleaſure; in controuling all Officers and Miniſters of Juſtice; in intermedling with all mens ſutes 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, Patronss of Eugliſh Liberties, and Declamers, Engagers againſt arbitrary Tyranny, yea to p. 35the Conſciences of all thoſe army Officers, Souldiers, and Major Generals themſelves to reſolve, who were p…nners, ſubſcribers, approvers, applauders of, or aſſenters to the printed Engagements, Remonſtrances, Repreſentations, Propoſals, Deſires, Letters, and Reſolutions for ſe…ling this Nation in its juſt Rights, the Parliament in their juſt Privileges, and the Subjects n their juſt Liberties and Freedoms, publi…hea 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, Atheiſm 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 Liberty, Peace, and Chriſtian Unity, without more effuſion of Engliſh, Scotiſh, or Iriſh bloud, to regain thoſe juſt fundamental old Rights, Liberties, 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 Whitehall (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 Petition of Right (though ſince condemned qq(q) See the Declaration of March 17. 1648. …ith 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 eaſe, 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 terifie, ſeize, impriſon, Guard, oppreſſe, enthrall, impoveriſh, diſ-inherit of all hereditary Liberties, rights, privileges, our Engliſh Freemen at their pleaſures, and to over-awe, force, diſſolve, even Parliaments 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 manner, 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. at 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 thus petitioned.

To the Kings moſt excellent Majeſty:

IN all humbleneſſe complaining, ſheweth unto your most Excellent Majeſty, your loyal and dutiful Commons now in Parliament Aſſembled. That whereas, by the Fundamental Laws of this your Realm, every 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 partcicular, A new and almoſt unheard of way hath been invented and put in practice to lay 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 of 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 as we cannot ſufficiently recount, nor in any ſort proportionably to the ſenſe we have of our preſent miſery, herein are we able to repreſent to your Majeſty, the innumerable miſchiefs and moſt grievous exactions, that by this means alone we do now ſuffer; whereof we will not preſume to trouble your ſacred Ears, with particular information. Only moſt gracious Soveraign, we beg leave to offer unto your gracious view, p. 24and compaſſionate conſideration, a few of them in general.

1. The ſervice of Almighty God is hereby greatly ly hindered, the **And now in more places the Souldiers have wholly withdrawn them both from our Churches and Miniſters, See Mr. Edwards Gangr…na.people in many places not daring to repair to their Churches, leſt in the mean time the Souldiers ſhould rifle their Houſes.

2. The antient good Government of the Country is thereby neglected, and almoſt contemned.

3. Your Officers of Juſtice in performance of their Duties have been reſiſted and endangered.

4. The Rents and Revenues of your Gentry are greatly and **And are they not much more ſo now?generally diminiſhed; Farmers to ſecure themſelves from the Souldiers inſolence, being by the clamour and ſollicitation of their fearfull and endangered VVives, and Children, enforced to give up their antient dwellings, and to retire themſelves into places of more ſecure habitation.

5. Husbandmen, that are as it were the hands of the Country, corrupted by ill example of Souldiers, are **Are they not now ſo more than ever?encouraged to idle life, give over their work, and ſeek rather to live idlely on other mens charges, than by their own labours.

6. Tradeſmen and Artificers almoſt diſcouraged, being enforced to leave their Trades, and to imploy their times in preſerving their families from violence and cruelty.

7. Markets unfrequented, and our waies grown ſo dangerous, that your people dare not paſſe to and fro upon their uſual occaſions.

8. Frequent Robberies, Aſſaults, Burglaries, Rapes, Rapines, murders, barbarous cruelties, and other late moſt abominable vices, and outrages, are generally complained of from all parts where theſe companies have been and made their abode; few of which inſolencies have not been ſo much as queſtioned, and fewer, according to their demerit, puniſhed.

p. 27Theſe, and many other lamentable effects (moſt dear and dread Soveraign) have, by this billetting of Souldiers, already fallen upon your loyal Subjects, tending no leſſe to the diſ-ſervice of your Majeſty, than to their own impoveriſhing, and diſtraction. So that thereby they are exceedingly diſabled to yield your Majeſty thoſe ſupplies for your urgent occaſions which they heartily deſire. And yet they are more perplexed with the apprehenſions of more approaching dangers. One in regard of the Subjects at home; the other, of Enemies abroad. In both which reſpects, it ſeems to threaten no ſmall calamity.

For the first, the meaner ſort of your People being exceeding poor, whereof in many places are great multitudes, and therefore in times most ſetled, and moſt conſtant adminiſtration of Juſtice, not eaſily ruled, are moſt apt upon this occaſion to caſt off the reigns of Government, and by themſelves, with thoſe diſordered Souldiers, are very like to fall into mutiny and rebellion. Which in faithful diſcharge of our Duties we cannot forbear most humbly to preſent unto your high and excellent Wiſdom, being poſſeſſed with probable fears, that ſome ſuch miſchiefs will ſhortly enſue, if an effectual and ſpeedy courſe be not taken to remove them out of the Land, or otherwiſe to disband thoſe unruly Companies.

For the ſecond, we do humbly beſeech your Majeſty to take into your Princely conſideration, that many of thoſe Companies, beſides their diſſolute diſpoſitions and carriages, are ſuch as profeſſe themſelves **Are not many Souldiers now ſecretly ſuch, & openly Anabaptiſts, Quakers, Sectaries, revilers of our Church, Miniſters? And are not ſome of their Commanders likewiſe ſuch?Papiſts; And therefore to be ſuſpected, that if occaſion ſerve, they will rather adhere to a forein Enemy, (if of that Religion) than to your Majeſty their Liege Lord, and Soveraign: eſpecially ſome of their Commanders and Captains, being as Papiſtically affected as themſelves, and having ſerved in the wars on the part of the King of Spain or Arch-Dutcheſs againſt your Majeſties Allies; p. 40Which, of what pernicious conſequence it may prove, and how prejudicial to the ſafety of all your Kingdom, We humbly leave to your Majeſties high and Princely Wiſdom.

And now upon theſe and many more which might be alleged, most weighty and important reaſons, grounded upon the maintenance of the worſhip and ſervice of Almighty God, the continuance of your Majeſties high Honor and profit, the-preſervation of the antient and undoubted Liberties of your people, and therein of juſtice, induſtry, and valour, which concerns the glory and happineſſe of your Majeſty, all your Subjects, and the preventing of imminent Calamity, and ruine both of Church and Common-wealth; We your most humble and loyal Subjects, the Knights, Citizens, and Burgeſſes of the Houſe of Commmons, in the name of all the Commonalty of your kingdom, who are on this occaſion moſt miſerable, diſconſolate, and afflicted, proſtrate at the Throne of your Grace and Iuſtice, do moſt humbly and ardently beg for the preſent removal of this unſupportable Burthen, and that your Majeſty would be graciouſly pleaſed to ſecure us from the like preſſure in time to come.

Which King Charls then did by the Petition of Right, which I ſhall here inſert; becauſe almoſt quite forgotten by moſt men, like an old Almanack out of date, eſpecially by our Grandees.