The Principal Rights of all English Freemen, Title page – To the reader
A SUMMARY COLLECTION Of the principal FVNDAMENTAL RIGHTS LIBERTIES, PROPRIETIES OF ALL English Freemen; Both in their Perſons, Eſtates, and Elections; and of the memorable Votes, Reſolutions, and Acts of Parliament, for their Vindication and Corroboration, in the late Parliaments of 3 & 17 of King Charles; collected out of their Journals, and printed Ordinances. Moſt neceſſary to be known, conſidered, re-eſtabliſhed (in this preſent juncture of Publick Affairs) with all poſſible old and new ſecurities; againſt paſt, preſent, and future publick Violations, Under-minings, by force or fraud, for the much-deſired healing of the manifold large mortal Wounds in theſe chief Vital parts, and repairing the various deſtructive ſubverſive Breaches in theſe prime foundations of our Engliſh State Fabrick; without which no effectual preſent or future Healing, Union, Peace, or ſettlement can poſſibly be expected, or eſtabliſhed in our diſtracted Nations. By William Prynne of Swainſwick Eſq a Bencher of Lincolns Inne.
Jer. 9. 21.
Is there no Balm in Gilead? is there no Phyſician there? why then is not the health of the Daughter of my people recovered?
Jer. 51. 8.
Take Balm for her pain, if ſo be ſhe may be healed.
1 Chron 19. 13.
Be of good courage, and let us behave our ſelves valiantly for our people, and for the Cities of our God; and let the Lord do that which is good in his ſight.
London, Printed for the Author, 1656.
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, wherewith 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 John Davis in his Epiſtle to his Iriſh Reports, had written ſo much in juſtification of our Laws, as would ſatisfie and ſilence allſoldiers 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 ſince calling to mind, and conſidering that in the Parliament of 5 R. 2 rot. Parl. n. 17, 18. it was the reſolution both of the Commons and Lords (deſiring redreſs of their publick G…ievances and oppreſſions) *Reformatio ſemper debet incipere in capite, et ſic de-Gradu gradatim ad imuns.that Reformation alwaies ought to begin in the Head, and ſo gradually from the Higheſt Members 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, Under-minings 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 skilfull 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 natural, 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, all 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, not long ſince took in the preſence of the moſt High God, Angels, and Men with hands lifted 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 thereof; 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 both Houſes orders 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 native Country in purſuance of the Proteſtation, and ſolemn League and Covenant, (lying ſtill as ſacred Bonds upon my conſcience,) than 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 learnedeſt, 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 ſormerly 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 Prynne.
A 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, under-mined, 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 lives, by Martial Law, in times of peace, when other Courts of Juſtice were open; and the like. The properties of their Goods and Eſtates being likewiſe much encroached upon, and in a great meaſure ſubverted, 1 By forced Loans and contributions. 2. By Lieutenants and Deputy. Lieutenants exorbitant Powers, and new rates, taxes, impoſed on, and forced from them, without grant in Parliament, for billeting Souldiers, and quartering Souldiers in mens Houſes againſt 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 Martii, 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. Maſon, Mr. Creſwel, Mr. Shervile, Mr. Sherland, Mr. Bancks, Mr. Rolls, Mr. Ball, with other Lawyers, and able Members of the Commons Houſe, paſſed their unanimous 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, breaches, deſolation of our Land, a2 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. 3. c. 18. 42 F. 3. c. 3. 2 H. 4. rot. Parl. n. 60. 69. The Petition of Right. 3 Caroli.no Freeman ought to be committed, deteined in Priſon, or otherwiſe reſtrained by command of the King, or privy Council, or any other, unleſs ſome 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, although it be by command of the King or Privy Councill, or any other, he praying the ſame.
3. That if a Freeman be committed or deteined in Priſon, or otherwiſe restrained 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 upon an Habeas Corpus granted for the ſame party, that then he ought to be delivered or bayled.
4. b4 April 1628.That no Freeman ought to be confined to his Houſe, or any other place, by any command 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. Dal…ons Juſtice of Peace, c. 45. 9 H. 5. c. 8.Act of Parliament, or by other due courſe, or Warrant of Law.
5. c7 May, 1628. 9 H. 3. c. 29. 5 E. 3. c. 9. 25 E. 3. c. 4. 28 E. 3. c. 3. t 5 E. 3. c. 1, 2. 1 H. 4. rot. Parl. n. 43. 44, &c. Petition of Right, 3 Caroli. See My Diſcovery of Free-ſtate Tyranny, p. 39 40, 41.That the Commiſſion for martial Law, and 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. d4 April, 1628.That it is the *Mag: Charta, c. 30. 25 E. 1. c. 5, 6. 34 E 1. D… Tallagio non concedendo, c. 1. 14 E. 3. ſtat. 1. c. 21. ſtat. 2. c. 1. 15 E. 3. 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, benevolence, or other charge ought to be commanded, impoſed, or levyed by the King or his Miniſters, without common conſent by Act of Parliament.
All which Votes were drawn up, and inſerted into the 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. 7, 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 our 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 Aſſize, 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 Grievances 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 quantity and quality of the Offences deſerve: It being the *Exact. Collect. 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. e25 Iune, 1628.That the receiving of Tunnage and Poundage, and other Impoſitions not granted by Parliament, is *Mag. Charta, 9 H. 3. c. 20. 25 E. 1. c. 1. 6. 34 E. 1. c. 1, 2. 14 E 3. ſtat. 1. c. 21 ſtat. 2. c. 1. 35 E. 3 ſtat. 2. c. 1. 15 E. 3. ſtat. 3. c. 5. 1 R. 3. c. 2. 2… E. 3. rot. Parl. n. 16. 36 E. 3. ro…. Parl. n. 26. Exact Coll. p. 382, 383, 884, 857, 858.a breach of the fundamental Libberties of this Kingdom; 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 fExact Collection, p. 789, 790, &c.two fi…st acts for Tunnage and Poundage, in the laſt Parliament of King Charles; and all thoſe in a Premunire, and diſable… 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, g11, 15, 19 Iune 1628.a Commiſſion of Exciſe, was complained of and brought into the Commons Houſe, and there read, which commanded them to raiſe monies by Impoſitions or otherwiſe, as they in their wiſdoms ſhould find convenient, for the ſafety and defence of the King, Kingdom and People; the Kings Pro…estant Friends and Allies; which without hazard of all could admit no delay, the neceſsity being ſo inevitable, that form and circumſtances muſt rather be diſpenſed with, than ſubſtance loſt. Injoyning the Commiſſioners to be diligent in the ſervice, as they tendred the ſafety of his Majeſty, and of his People, Dominions and Allies. This Commiſſion of Exciſe by the unanimous Vote and judgement of the Lords and Commons, was reſolved to be againſt Law, and contrary to the Petition of Right. And thereupon was cancelled (as ſuch) in his Majeſties preſence, by his own command, and was brought cancelled to the Lords Houſe by the Lord Keeper, and by them afterwards ſent to the Commons: and the Warrant with all Inrollments of it were cancelled: and ordered by the Commons, that the Projector of it ſhould be found out and puniſhed. Which judgement hExact Collection p. 885. 6. Mr. O: St. Iohns ſpeech and Declaration concerning receiving ſhip-mony p. 13. 15. 16, 19. See my Declaration and Proteſtation againſt the int…lerable 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 Charls in printed Speeches and Declarations. And if this intended Commiſſion of Exciſe, though never executed, was thus frequently damned as an 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 Parliament?
X. The Commons Houſe in that Parliament, upon ſolemn Argument and Debate, concluded; That by the Laws of this 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, *1 E. 3. stat. 2. c. 5. 4 H. 4. c. 13, 25 E. 3 c. 8. Exact Collection, p. 877, 878, 879, 880.except in caſe of neceſſity of the ſudden comming in of ſtrange Enemies into the Kingdom; or except they be otherwaies bound by the Tenures of their Lands or poſſeſsions; Nor yet ſent out of the Realm against his Will upon any forein imployment, by way of an honorable baniſhment. Which Reſolution in the laſt Parliament of King Charles was enacted and declared to be the Law of the Land, and fundamental Liberty of the Subject, by the iExact Col…ction, p. 389, 390, &c, 435, 436, 877, 878, 879, &c. 387.Act for impreſſing Souldiers for Ireland; by two Declarations 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 ſucceſſively 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 Tyrant (together with Strafford and Canterbury) for infringing them; to oppoſe, contradict, violate or infringe them all in a more tranſcendent publike manner, than he or his worſt Miniſters formerly have done; and now not really, chearfully to corroborate, defend, tranſmit them to poſterity in full vigor, by all good wayes and corroborations that poſſibly can be deviſed, without the leaſt oppoſition and diſpute, to make the Nation free, and their own poſterity together with it.
XI. After the Petition of Right had paſſed the Commons 19, 22, 23, 24, 26, 27, 28 May 1628.Houſe, and was tranſmitted to the Lords; the Houſe of Lords deſired, that this Clauſe might be added to the cloſe thereof. We humbly preſent this Petition to your Majeſty, not only with a Care of Preſervation of our own Liberties, but with a due regard to leave intire that Soveraign Power wherewith your Majeſty is truſted, for the Protection, Safety, and Happineſſe of your People. The Commons after a long and full Debate, reſolved, That this Saving ought 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 Peers, 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 intruſted 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 and Act of Parliament, impriſon them without cauſe ſhewed, quarter Mariners and Souldiers in their houſes againſt their wills, and condemn, execute them by Martial Law, upon this pretext, that it was for the Protection, Safety and Happineſſe of his people in general; All which himſelf and his Council, not the Judges and our Laws, muſt determine. And ſo this Addition, if admitted, would quite overturn the Petition it ſelf, the 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 fabrick 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 deſ…ended 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 theſe and other reaſons alleged by the Commons, the Lords after three large Conferences agreed fully with the Commons, and rejected this deſtructive Addition 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 neceſſity 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 Poſterity, 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 Statutes 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 Commons, granted a New Confirmation of their Charters, and in the *Articuli ſuper Chartas, cap. 4 20,cloſe thereof added this Clauſe, Salvo jure 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 hearing this Clauſe at the end thereof, added by the King▪ fell into execration for that Addition, and the great Earls, who went away …atisfied 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 Do 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 Archbiſhops, Biſhops, Earls, 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 Land, 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 manner of Statutes and Cuſtoms ſhall be void and fruſtrate for evermore; Yea, King Edward the 3. in purſuance thereof, in the Parliament of 4… 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 he made to the contrary, that ſhall he holden for none. And c. 3, It is aſſented and accorded for the good Government of the Commons, that no man be put to anſwer without Preſent more before Juſtices, or matter of Re…ard, 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 …rrour. 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 of Right, and by theſe antient Warlike Kings, and true Engliſh Parliaments, from whoſe vigilancy, magnanamity, unaminity, zeal, courage in defence of theſe our fundamental Charters, Laws, Rights, Liberties, we ſhould now be aſhamed to degenerate, after ſo many yeats, 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 oppoſition. 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 k22, 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 F. 1. c. 1, 2, 3. 28 E. 1. c. 1, 2. 1 E. 3. Stat. 2. c. 1. 9. 2 E. 3. …. 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, (though never ſo preſſing, or neceſſary) it being 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, redr…ſſed by the King.
XIII. They caſt Sir Edmund Sawyer, a Member of the Commons Houſe, out of it, upon ſolemn Debate; l21 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 impoſiions on the Subject, in nature of a Projector, without grant or Act of Parliament. And likewiſe ſuſpended Mr. John Baber (then Recorder and Burgeſſe of Welle) only for making a Warrant to billet Souldiers, on ſome of the Townſmen, againſt the Law, and Subjects Liberty, out of fear. Reſolving, that all Projectors and Promoters of illegal impoſitions, Taxes, Bille…ings, 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 vo…e in any Engliſh Parliament, and fit to be turned out thence by judicial ſentence, with greateſt Infamy. 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 Caroli the a…9 Martii 1627.Speaker in the cloſe of his firſt Speech to the King (according to b6 H. 4. n. 8. 3 H. 4. n. 8 &c, 9 H. 4. n. 12, 13, &c. 11 H. 4. 1. 10, 11 13 H. 4, …. 10. 11. Cook 4. Inſtit. 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. c29 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. dSee my Plea for the Lords, p. 50, 51, 52. & 8 H. 6. n. 57. William Mildreds caſe, Burgeſs of London.No Member of Parliament can be arreſted but for Felony, Treaſon, or Peace: And all here may be committed (under theſe pretences) and then where is the Parliament▪ Surely the Lords will be glad of this, it concerns them as well as us▪ e3 & 5 Maii 16 8.Not long after the Common Houſe being informed, that Sir Robert Stanhop a Member thereof was committed by the Lords of the Council; thereupon the Houſe, (in whoſe power it was, either to ſend an Habeas Corp…s, 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 Ma…e, and bring Sir Robert Stanhop, with his Keeper, and the Warrant for his commitment, into the Houſe, the next morning they fate. 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 Su…ti…t 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. …a…ſhaw all… ging That in ſuch caſes ſome Members by order of the Houſe had entred into Recogni…ances in the Kings Bench in former times, to keep the Peace, 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 …8 of April 1627 Sir Simon Steward a Member of the Commons Houſe, being ſerved with a Sub p…na ad audie…dum judicium out of the S…ar-chamber, at the ſute of the Kings Attorny, upon a Bill there exhibited againſt him, for ſundry miſdemeanours; complained thereof to the Houſe, and ſhewed that he had been inticed to enter into a Bond and Recognizance of 500 l. not to claim any privilege of Parliament. The Houſe upon ſolemn debate hereof, April 20. reſolved, That Sir Simon, notwithſtanding this Bond and Recognizance, ſhould have his Privilege allowed him; becauſe he was elected by, and ſerved for others, and could not make a Proxy; and becauſe elſe the Houſe might thereby be deprived of his attendance by his Cenſure: Yea this Recogniſance, with the Condition thereof (not to claim his Privilege) were held to be hold and againſt the Law: And by order of the Houſe, the party 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 entred 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 Iudgement againſt him: Which was done accordingly. To theſe caſes of Privilege in the Commons Houſe, I …all adde another memorable one in the Lords Houſe, … 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.