The Principal Rights of all English Freemen

To the imprejudiced Reader.

B Eing importunately solicited by Mr. William Shepherd, a Lawyer, specially employed by some Swordmen and Grandees at Whitehall, (from Whence he came to visit me at my Study in Lincolns Inn, within two days after their resolution to call a new Assembly at Westminster, 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 satisfy 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 public 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 Lord's (desiring redress of their public G • ievances and oppressions) that Reformation always ought to begin in the Head, and so gradually from the Highest Members to the Feet: and that it will be both bootless, impolitick, and ridiculous for any public 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 sudden Ruin to the whole Body of our State, Laws, Nation, if not speedily healed, repaired with all possible care and diligence, by the most skillful Artists and Philopaters, sufficiently qualified for such a desperate difficult public cure, Repair, and with sincere self-denying public spirits, courageously addressing themselves with all their skill, might, to this necessary Heroic work. And withal 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 remembering that serious Protestation, and solemn League and Covenant, which I myself, all members of the late Parliament, most Persons in late power, and the generality of all the well-affected people, to public Laws, Liberty, Justice, Religion, in our three Kingdoms, 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, endeavor with their Estates and lives, mutually to preserve the Rights, Privileges, Laws and Liberties of the Parliaments and Kingdoms of England, Scotland, and Ireland, &c. And in this common cause of Liberty and peace of the Kingdoms, 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, persuasion, or terror to be divided or withdrawn from this blessed union, &c. but shall all the days 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 print, by William Lenthal Speaker, Robert Nicholas, Gilbert Pickering, Oliver Cromwell, Philip L. Lisle, William Ellis, Oliver Saint-John, Miles Corbet, John Lisle, Francis Rous, Nathaniel Fyennes, Edmund Prideaux, John Glynn, Bulstrode Whitelocke, Edward Montague, and others in greatest present power and employments, 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 defense, 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 ancient 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; (remembered and ratified likewise, in the last Parliament of King Charles) as the most sovereign Balm, the most effectual materials prepared, applied by the learnedest, skillfullest, wisest State-Physicians and Builders in those Parliaments, to heal and close up the mortal wounds, the perilous Breaches, our late Kings 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, Kingdoms, 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 complete 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, Weal, Tranquillity, Prosperity, (next to God's 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 God's people once did of Babylon, Jer. 51. 8, 9, 10. Babylon is suddenly fallen and destroyed, howl for her, take balm for her pain; If so be she may be healed. We would have healed Babylon, but she is not healed; forsake her, and let us go everyone 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 righteousness: as he hath (maugre all Enemies, Oppositions, Slanders) the righteousness of him, who desires thy kind acceptation of this Breviary, and prayers for God's blessing upon this, and all other his real endeavors for sick, desperately-wounded England's cure;

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

T He 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 Lord's 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 foreign employments; 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 Soldiers 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 Soldiers, and quartering Soldiers in men's Houses against their wills till they paid those rates. 3. By exacting Tunnage, Poundage, New customs, 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, freedoms, 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 public 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, Resolved upon the Question.

1. That no Freeman ought to be committed, detained 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, detained, 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 detained in Prison, or otherwise restrained, although it be by command of the King or Privy Council, or any other, he praying the same.

3. That if a Freeman be committed or detained 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, restrained 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. 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 Act of Parliament, or by other due course, or Warrant of Law.

5. 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 Justice) are against the Law.

6. That billetting and placing of Soldiers or any other person in the House of any Freeman, against his will, is against the Law.

7. That it is the ancient 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 levied 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 Lord's, and at last by the King himself in his Answer to that petition, as the ancient Fundamental Rights and Liberties of all English Freemen. And therefore after all our late Parliamentary and Military contests, wars for their defense; fit to be confirmed, ratified by all sorts of Domestic ways and policies, by which the great Charter was anciently 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, Attorneys, 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 Laws of this Land; together with the ancient 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 Jury, 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 Laws 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 Advice, Desire, Proposition, and Petition of the whole Commons house first, and after of the Lord's and Commons house jointly 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. That the receiving of Tunnage and Poundage, and other Impositions not granted by Parliament, is a breach of the fundamental Libberties of this Kingdom; and contrary to his Majesty's Regal answer to the Petition of Right: And those declared Public Enemies, who should thenceforth collect, or pay any Customs, Tunnage, Poundage or Imposts, not granted by act of Parliament, which was since enacted and declared for Law in the 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 Lord's and privy Counselors, dated the last of Febr. 3 Caroli, styled, 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 defense 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 tendered the safety of his Majesty, and of his People, Dominions and Allies. This Commission of Excise by the unanimous Vote and judgment of the Lord's and Commons, was resolved to be against Law, and contrary to the Petition of Right. And thereupon was cancelled (as such) in his Majesty's presence, by his own command, and was brought cancelled to the Lord's 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 judgment was thrice recited, confirmed, and insisted on by the Lord's and Commons, (and some in greatest present power) the last Parliament of King Charles in printed Speeches and Declarations. And if this intended Commission of Excise, though never executed, was thus frequently damned as an intolerable 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 Majesty's Subjects ought to be impressed or compelled to go forth of his County to serve as a Soldier in the Wars, except in case of necessity of the sudden coming in of strange Enemies into the Kingdom; or except they be otherways bound by the Tenures of their Lands or possessions; Nor yet sent out of the Realm against his Will upon any foreign employment, 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 Act for impressing Soldiers for Ireland; by two Declarations of the Lord's 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 days, 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 public manner, than he or his worst Ministers formerly have done; and now not really, cheerfully to corroborate, defend, transmit them to posterity in full vigor, by all good ways 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 House, and was transmitted to the Lord's; the House of Lord's desired, that this Clause might be added to the close thereof.

The Commons after a long and full Debate, resolved, This addition would make the Sense and Construction thereof to be, Upon these and other reasons alleged by the Commons, the Lord's after three large Conferences agreed fully with the Commons, and rejected this destructive Addition to the Petition of Right; which the Lord's and Commons in their 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 Sovereign power wherewith he was entrusted, 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 joint unanimous resolution of the Lord's and Commons in these two Parliaments of King Charles; much less 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 people's Liberties, Safety, Prosperity, upon any real or pretended Necessity or Emergency whatsoever. Much less 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 public 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 ways impeach their Liberties, Rights, or Proprieties: And when King Edward the 1. in the 28 year of his reign upon the Petition of the Lord's and Commons, granted a New Confirmation of their Charters, and in the 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 Lord's most insisted on, to justify the forementioned rejected Addition to the Petition of Right) when it came to be proclaimed 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 public Library of the University of Cambridge: Whereupon in the Statute Do Tallagio non concedendo, 34 E. 1. the King to please his discontented Lord's 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 Customs, 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 anything 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 Charles himself in the Petition of Right, and by these ancient Warlike Kings, and true English Parliaments, from whose vigilancy, magnanamity, unaminity, zeal, courage in defense of these our fundamental Charters, Laws, Rights, Liberties, we should now be ashamed to degenerate, after so many yeats, wars, and vast expenses 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 days 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 by the Commons in this Parliament; That the old custom and use of our Parliaments constantly hath been, and ought to be, to debate, redress all public grievances, and reestablish, secure their violated 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., Whereupon 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; 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 Burgess of Welle) only for making a Warrant to billet Soldiers, 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 Speaker in the close of his first Speech to the King (according to usual custom 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 public 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 ancient 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. 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 Lord's, 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. 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 Lord's will be glad of this, it concerns them as well as us▪ Not long after the Common House being informed, that Sir Robert Stanhop a Member thereof was committed by the Lord's 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 Household, and the Warrant, wherein it was declared, That his commitment was, by the Lord's 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

And Mr. • a • shaw all • ging But the quarrel being soon after taken up, thereupon the Lord's 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 suit of the Kings Attorny, upon a Bill there exhibited against him, for sundry misdemeanors; complained thereof to the House, and shown that he had been enticed 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. Upon this, on the 10th of May, the Inhabitants of the Isle of Eli 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 Soldiers 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 entered into a Bond of 500 l. not to claim it. But it was resolved upon debate, That the Commons House was Judge of any offense 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 Judgment against him: Which was done accordingly. To these cases of Privilege in the Commons House, I •• all add another memorable one in the Lord's House, •• the second Parliament of King Charles. The King sitting that Parliament, committed the Earl of Arundel to the Tower, without leave of the House, or acquainting the Lord's with the cause thereof. Whereupon, May 25. 1626. the Lord's drew up and sent this Remonstrance and Petition to the King, entered in their Journal on record.

Upon this Remonstrance and Petition sent to the King, the 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 anything 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 enforced to release him to satisfy the Lord's House: In imitation whereof the whole House of Commons the last Parliament of King Charles, upon the Kings coming 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 itself, 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 days, 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 ancient and undoubted Privilege and Right 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 defense 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 ancient 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 public 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 do, 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, Lord's and Commons, that all and singular Persons 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 do, 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, Burgess 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 Lord's, 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 itself, 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 Judge of the due elections, offenses, fitness, 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; which it is bound to examine, and then to proceed against him, themselves, if it be proper for the Parliament, or to suffer him after to be proceeded against elsewhere, as resolved in the Presidents of Sir Edmund Sawyer, Mr. Baber, Sir Simon Steward, Sir Robert Stanhop, the Earl of Arundel, the Lord of Kinbolton, and 5 impeached Members, forecited of late: By sundry ancient Presidents in my Plea for the Lord's, p. 33 to 54. My Ardua Regni, and Levellers Levelled, Cooks 4 Institutes, p. 23, 24, &c. And expressly declared by the Lord's 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 judgment of the Parliament, or without rendering any reason thereof to the Parliament and: People who elect them) is the highest usurpation over, and affront to the Sovereign jurisdiction of Parliaments, that possibly can be devised, yea an erection of a supreme new Power, both over Parliaments themselves, and their Members; and great injustice to the People, lately voted the Sovereign Power, and only fountain of all lawful Authority in the Nation.

4. That the Parliaments of England in all former ages, have been very diligent, vigilant, zealous, resolute, courageous in maintaining these their ancient undoubted Privileges of their Members, and the Houses of Parliament, against the least encroachment 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 till their Members were restored, righted; and their Privileges repaired; And that upon these four grounds, worthy special observation.

1. Because our Parliaments in former times, were constantly adjourned from the day of their first appearance, till a further time, when any of the Lord's, Knights and Burgesses, by reason of shortness of time, other public employments, 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 elsewhere cited) in the reigns 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 anything 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 Great Charter of King John, and the Statute of 5 R. 2. c. 4. which expressly 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, 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 designs, 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 tolerated 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 bloody Wars, for defense of the Rights and Privileges of Parliament. I shall therefore close up this particular with the memorable words of Lord's and Commons forenamed Remonstrances, which I desire all Swordmen, the whole Nation, and those especially who were then Members, to take special notice of. 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 Freedom 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 Freedom of this Nation upon the Freedom 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 forever execrated then let all those Sword-men and Innovators be, who by any Matchiavilian Policies, Engines, or Instruments whatsoever, shall endeavor to deprive the Parliaments and People of England, of this their ancient 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 public 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 in 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 public Grievances, remove all unrighteous oppressions, compose our manifold sad Divisions, Schisms, 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 Traitors, or professed Enemies to our Tranquillity and Welfare, can or dare oppose.

15. The whole House of Commons (m) impeached, and the Lord's House judicially sentenced D • . Manwaring (then a Member of the Convocation) for preaching before the King, and publishing in print in two Sermons, entitled Religion and Allegiance, contrary to the Laws and Statutes of this Realm, and propriety of the Subject,

For which Sermons and positions the Lord's House adjudged, 1. That this Dr. Manwaring (notwithstanding his humble Petitions, and craving pardon for these offenses) 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 offenses, as shall be set down by a Committe in writing, both at the Lord's 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 forever 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 offenses, and demerit not as severe a censure as he, for some Sermons, and printed Pamphlets, Instruments of like nature; is worthy the consideration of the next public Assembly, and future English Parliaments.

XV. The 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 offenses at the Assizes in Cornwall for interrupting the freedoms of Elections in that County; For that some of them being Deputy. Lieutenants, and others of them Justices of Peace of the County of Cornwall, writ Letters to this effect.

And writing Letters to others of the County to this effect. 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 practicing 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 the same May 1628. Sir John Eliot reported from the Committee sundry complaints against the Lord Mohun, Vice-warden of the Stanneries in Cornwall, by the Tinners of that County, whereof this was one, That the Tinners in Cornwall, have time out of mind used to elect a Parliament of Tinners, so often as there is occasion, summoned ever in this manner, The Lord Warden of the Stanneries grants his Commission to the Vice-Warden, who thereupon directs Sommons to the 4 Mayors of the 4 Divisions of the Stanneries, appointing them to elect within every Division, 6 Tinners to be elected by the Major 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 Mayors, commanding them to elect such and such Persons by name to be Tinners for the Parliament. The Mayors obeyed, and summoned the men, who met the 4th of January last. Upon the meeting, the Tinners questioned the lawfulness 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. Whereupon that Parliament was dissolved as void. Upon which the Lord Mohun the 5 of February, sent out new Sommons to the Mayors, that they should reassemble such and such Persons as he named in his Warrant; Who meeting together, he persuaded 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. Which 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 Soldiers to the places of Election to terrify the peole, enjoining such and such persons by prescribed Lists, Letters, and otherwise to be chosen, such and such to be opposed and not elected, as being persons disaffected, turbulent, unquiet Spirits, &c. and other indirect practices; (to make up a packed Court-Coventicle, to carry on private designs, instead of a New Free state Parliment) is worthy the inquiry and censure of those whom it most concerns; to preserve and vindicate the Free-dome of Elections, long since established, against such practices, menaces, force and terror, by the Statute of 3 E. 1. c. 5. which enacts, * Because Elections ought to be free, the King commanded 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 ancient custom, 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 Custom 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 favoring 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 years, to the over-great oppression of his people. Which misdemeanor and encroachment upon the freedom of his Subjects elections, and packing of Parliaments for these ends, lost him not only his people's 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 maxim 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 meant 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; That no Lawyer should be chosen or returned a Knight or Burgess 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 encroachment 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 of the Counties, and hindrance of the business of the Comminalty in the said County; it was ordained and establishid 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 Commandment to the contrary. By virtue 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 only by the Kings Letters (surreptitiously procured frrm him by divers seditious and other evil disposed persons, to destroy and suppress 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 incur 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 free election, foam 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 labors 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 terms, though not one of those then duly 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 mere Nullities in conclusion, upon this account of unfree and undue elections, and seclusions of Members duly elected, against Law, and the Parliaments, Peoples Rights and Privileges.

16. In this Parliament of 3 Caroli, the Attorneys 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 James 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 Bills, Declarations, and Informations; though not in respect of Letters and Processe; the sole making whereof the King might lawfully grant upon the erecting of this Court by a special Patent, but being mixed with Bills, Declarations and Informations in the same Patent, they adjudged the whole Patent to be a Grievance, (as they likewise resoved the Earl of Holland his Patent of Exchange, for the sole buying of Gold and Silver, to be a Monopoly and Grievance, both in the creation and execution, June 23. 1628.) And that principally for 3 Reasons. First, because it was a Monopoly within the Statute of 21 Jacobi, tending to the prejudice of the Attorneys of York in their very Profession of making Bills, Declarations & Informations, which they anciently 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 Bills and Declarations. 2ly, Because upon the making of Bills and Declarations men must show their evidences to this Patentee and his Clerks, and trust them with them, as in cross Bills 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 mischiefs, as the Projectors pretended; but in truth to put a new charge, fee, and intolerable vexation upon all sorts of people, to their intolerable prejudice, and vast expense 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 men's 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 Jews long discontinued barred Remitter into England,) 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 expense; 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 kindred have an eye). And the New fees there paid to their Clark and Register for approbations and admissions, be not as great a Grievance and Monopoly, as this of Lepton and Mounson, fit to be redressed; I refer to the approaching 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 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 Soldiers in men's Houses against their wills, in imposing rates and taxes on the Country without Act of Parliament for the payment and billetting of Soldiers, and levying them by Soldiers on such as refused to pay them, by quartering Soldiers upon them till paid, or imprisoning, or vexing the Refusers. For which these Lieutenants, Deputy-Lieutenants, and Officers of the Soldiers 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 King. And whether the late erected New Powers of our Major Generals, and their Deputies throughout England be not such (in imitation of Will. Longchamp the first Protector in the Reign of Richard the first, who placed in every Connty armed Troops of Mercinary Soldiers, 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 public Peace, and suppressing theevs and Tumults, yet was shamefully stripped of all his Authority, and forced to fly over Sea, disgnised in women's apparel, within one year after, notwithstanding all his Guards, or Garrisons; or of the Turkish Bashawes, and Beglerbegs, as most Patriots of their Countries Freedom, and the ordinary people mutter) and their exorbitant Tyrannical proceedings in apprehending, taxing, decimating, dis-officing, dis-franchising, and sequestering all sorts of men in Counties and Corporations at their pleasure; in controlling all Officers and Ministers of Justice; in intermeddling with all men's suits and causes upon any informations, or Petitions, after Judgments, 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 Soldiers, and quartering them upon Refusers, (adjudged High Treason in Straffords Case, for which he lost his Head) sequestering 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 suits; 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 the Consciences of all those army Officers, Soldiers, 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 • he in the name of the General and General Council of the Army, and of all officers and Soldiers 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, Apostasy, 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 incur: and for the present settlement of our three Nations, in their Liberty, Peace, and Christian Unity, without more effusion of English, Scottish, or Irish blood, 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 betrayed, surrendered, 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 Soldiers amongst them, but for a few months only) in that Parliament of 3 Caroli, April 24. 1628. which the King then granted, and provided against for the future, in the Petition of Right (though since condemned 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 Soldiers amongst them, Winter and Summer, without any actual employment for them, but to terifie, seize, imprison, Guard, oppress, 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; When 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 arrayed 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 freedom 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 Soldiers, against whose billetting, and scatering abroad in companies here and there, in the heart and bowels of the Kingdom, to enthrall and oppress it, the whole Commons House then thus petitioned.

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

To which Petition King Charles at last gave this full and satisfactory Answer: Soit droit fait come il est desire par le Petition: that is, Let All Right be done as it is desired by the Petition. To the unspekaable joy of this Parliament and all his Subjects. Adding withal thereunto: I assure you my Maxim is, That the Peoples Liberties strengthen the Kings Prerogative: and that the Kings Prerogative is to defend the Peoples Liberties.

The benefit of which most excellent Law, Petition, and of all the precedent Parliamentary Votes, Laws (with the present repealing, and vacating all Acts, Votes, Orders, Ordinances, Declarations, Resolutions, Judgments, Instruments repugnant thereunto, as merely void in Law, by the express Statutes of 25 E. 1. c. 2. 42 E. 3. c. 3. and the Petition of Right) we all now jointly and severally claim as our undoubted Birth-rights, and as the Price, Crown, Trophy, Guerdon of all our late Parliamentary Counsels, expended Treasures, Bloudsheds, Wars, Victories, over the real or pretended Enemies of these our just Liberties, Franchises, Rights, Laws, and Introducers of an Arbitrary, and Tyrannicall Government repugnant thereunto (wherein many thousands of the Nobility, Gentry and Commons of the realm of chiefest rank hazarded their estates, blood, lives in the field, as well as the Army-Officers, to preserve and enjoy the forementioned fundamental Laws, Liberties, Rights and Properties) which we hope no true-bred English Freeman or Swordman whatsoever can have the hearts or faces to deny unto us, against all their former Protestations, Remonstrances, Vows, Oaths, Covenants, Engagements, both to God and the English Nation, for fear of being made shorter by the head, as the most perfidious Traitors, or rolled into their graves in blood by the over-oppressed enraged people, as the most insolent oppressing Tyrants, yea tumbled headlong into Hell flames for all eternity, Soul and Body, by God himself, as the most perjured execrable Hypocrites and Impostors that ever England bred.

Gal. 5. 1, 13, 14, 15. Stand fast therefore in the Liberty wherewith Christ hath made us free, and be not entangled again with the yoke of Bondage. For Brethren, ye have been called unto Liberty: only use not Liberty for an occasion to the flesh, but by love ferve one another. For all the Law is fulfilled in one word, even this, Thou shalt love thy Neighbor as thyself. But if ye bite and devour one another, take heed that ye be not consumed one of another.

An Appendix to the Premises

I T hath been the ancient Plot, and long agitated design of Robert Parsons, and other Jesuits and their Instruments, under pretext of reforming the Common Laws and Statutes of England, to alter, subvert abolish the Great Charter, Common fundamental Laws of the Land, and principles of Government, whereon the Justice of the Kingdom, and Liberty and Property of the Subjects are established; as I have irrefragably proved at large, by Robert Parsons his Memorial for Reformation of England, written at Sevil in Spain, An. 1590. by William Watson (a seminary Priest) his Quodlibets, printed 1601. p, 92, 94, 95, 286, 330, 332. A Dialogue between a secular Priest and a Lay-Gentleman, printed at Reims 1601. p. 95. William Clark (a Roman Priest) his Answer to the manifestation of Father Parsons, p. 74, 75. Robert Parsons own manifestation of the folly, and bad Spirit of certain in England, calling themselves Secular Priests, f. 55. to 63. Mr. Thomas Smith his Preface to Mr. John Daillae, his Apology for the Reformed Churches: Cambridge, 1653. p. 12, 13, &c. The Declaration of the whole House of Commons, 15. Decemb. 1641. Exact. Collection, p. 3, 4. Ludovicus Lucius, Historia Iesuitica, p. 318, 319, 535. and other Evidences in my Epistle to A seasonable, Legal, and Historical Vindication of the good old fundamental Liberties, Rights, Laws of all English Freemen; and to A New Discovery of Free-State Tyranny, to which for Brevity I refer the Reader. That it hath been the Soldiers and Anabap • ists design, endeavor, to put this their Jesuitical Plot against our Laws in execution, under pretext of reforming the corruptions in the Law, and Lawyers, by the Tutorship of the disguised Jesuits (swarming amongst us, and having a Consistory and Council abroad, that Rules all the affairs of the things of England; as their own General, O. Cromwell himself avers in positive terms to all our three Nations, and the world, in his printed Speech in the painted Chamber, September 4. 1654. p. 16, 17.) I have there likewise demonstrated, and is so experimentally visible to all men by their frequent Consultations, Committees, Treatises, Discourses, Votes, and Instruments set on work, to regulate our Laws, that it needs do further proof.

The excellently connaturalness, conveniency of the Laws of England to Englishmens tempers, is so fully expressed, demonstrated by Fortescue, in his Book De la • dibus Legum Angliae, Glanvill, Briton, and others of ancient, and by Sir John Davies in his Epistle to his Irish Reports, Sir Edward Cook in his Epistles to his Reports, Institutes, with others of later times▪ by the very New Modellers of our old hereditary Kingdom, into a puny Free-State, in their Remonstrance of March 17. 1648. and by Mr. John Pym, and Mr. Oliver Saint-John, in their late Parliamentary Speeches, printed by the Commons House special Orders; that I shall not spend waste-paper to commend them, being the most excellent Laws of all others in the world, as they all unanimously resolve. I shall only add to their Encomiums of them: That the extraordinary care, diligence of our Ancestors, and all our Parliamentary Councils in former ages, to maintain, preserve, defend and transmit to posterity those good old Laws we now do or should enjoy, with the last long Parliaments impeaching, beheading Strafford and Canterbury for Arch-traitors for endeavoring to subvert them with their innovations on the one side, and the late King and his Partisans on the other side, in above 500 printed Declarations, Orders, Ordinances, Proclamations, Remonstrances; that the principal end of all their consultations, arms, wars, taxes, Impositions, expenses of infinite Treasure and Blood, in all the unhappy contests against each other; was inviolably to defend, maintain our Laws and the Subjects Liberties, secured by them as their best Patrimony, Birthright, and Inheritance; the inserting thereof into all their Generals and Military Officers Commissions, and all Ordinances, to raise monies for the Armies pay; is an unswerable evidence of their transoendent excellency, utilility, preciousness, value, esteem, in the eyes of our Parliament and whole Nation: And a convincing Discovery of the Jesuitical Infatuation, folly, frenzy, treachery of those Swordmen and their Confederates, who now revile, traduce, and endeavor all they may, to reform, alter, subvert those very Laws, and Liberties which they were purposely commissioned, waged, engaged inviolably to defend, both by the Parliament, and People, and for which end they formerly professed, declared in many printed Romonstrances of their own, they fought and hazarded their lives in the field; yet now would conquer, and trample under feet, as if they had only fought against them and our hereditary Liberties confirmed by them.

I must confess, there are some few Grievances, Abuses, not in the Theory, but Practice of our Laws (introduced by dishonest Attorneys and Solicitors for the most part) fit to be redressed by the Judges of the Law, (as some of them have been upon complaint) which I myself had many years since reformed (as I told Mr. Shepherd upon his fore mentioned motion to me) had not those Army-men violently pulled me with other Members out of the Honse; and interrupted the settlement, peace, liberty, ease from taxes, excises, and good Government of the Kingdom, by a happy close with the late King, upon more safe and honorable terms of Freedom and happiness to the whole Nation and our Parliaments, than ever we can hope for from our New Governors or Sword-men; to usurp the Sovereign Power of King and Parliament into their own hands, and perpetuate our Wars, Taxes, Excises, Armies, and Military Government upon us, from generation to generation, as experience now manifests beyond contradiction, not for the people's safety, ease, wealth, tranquility, as they then pretended: which people though they then cried up, voted for the only Supreme Authority; their free elections for the only Basis of all lawful Magistracy, Power, in and over the Nation, and their safety as the Supreme Law; yet now they imperiously trample upon as their conquered slaves, and both by their public speeches, actions, proclaim to all the world, They now no more value them than they do the very Acorns of the Swine, or dust of their feet, no further than they are subservient to their own aspiring designs, and selfish ends.

For those few remaining Abuses in our Laws execution yet unredressed by former Laws, as they no ways concern the army, or army-Officers as Soldiers, being out of their calling, Commission, and fit only for Judges, or Parliaments in their defaults, to redress: So they concern not the generality of the People (many thousands of them having no suit at Law in all their lives, and the most of them very rarely) but for the most part only some Litigious, contentious persons, who out of their pride and animosity, occasion these abuses, and prolongatio • s of suits in Law, which they and others complain against, and therefore are justly punished and rewarded by them; the expensivenesse and tediousness of their Law suits, being the best means to correct, cure their contentious malicious spirits: other suits between peaceable persons being soon determined without any great expense, or length of time, if diligently prosecuted by honest Lawyers, Attorneys, and Solicitors.

But the Grievances these Martial Reformers of our Laws have introduced, under pretext of reforming some petty Abuses in the practice of the Law and Lawyers, are of a far more grievous, general, and transcendent nature, subverting the very Fnndamental Laws and Liberties of the whole Nation; and burthening them with two or three Millions of extraordinary Taxes, Expences every year, whereas all the abuses in the Law if rectified, amount not to above 5 or 6 thousand pounds a year at the most, and those volunt • rily expended by litigious persons, not exacted from, or imposed upon any against their Wills, as Taxes, Excises, Imposts, Tunnage and Poundage now are by the Soldiers, without Act of Parliament against our Laws. Which if redressed by the Swordmen now, is not out of any affection towards, or design to ease the People, but out of spleen to the Profession and Professors of the Law, and to increase the Peoples monthly Taxes to the Soldiers, and maintenance of their new war, to tenfold the value every year at least, to what they now expend in Law-suits by reason of these abuses they would now redress; which will be nothing so grievous, expensive to the People, as those alterations they intend to make in our Laws and legal conveyances, which will but multiply Sutes, and draw all men's estates into future sequestration in few years space.

There are four things specially provided for by our Fundamental Laws, and the original constitution of our Government, which principally concern all the Freemen of England in General, above all things else.

• 1. The Privileges and Fredome of their Parliaments and their Members.
• 2. The safety and liberty of their Persons.
• 3. The propriety of their Estates.
• 4. The Free course of Common Law, Right, Justice.

All which our Army Reformers have lately violated in the highest degree, beyond the Presidents of the worst of former ages, against all Laws of God and the Land, their own Commissions, Trusts, Declarations, Protestations, Vowes, Leagues, Covenants, Engagements, without any color of lawful Authority; to the whole Nations intolerable Grievance, Injury, Oppression, Impoverishing, enslaving, and yet would be reputed the only just, upright, faithful, righteous, conscientious Protectors, Reformers of our Laws, Grievances, government, and God's most precious Saints; and all others mere Malignants or Disaffected persons to Liberty and Reformation, who oppose or dislike their proceedings, secluding them out of their New Parliaments as such, when elected most freely by the People.

1. For the Privileges, Freedom of Parliaments, and their Members, formerly held most sacred and inviolable, They have in their own and the Armies name, impeached, imprisoned, suspended from sitting, many Members of both Houses; marched up professedly against them; contrary to their Trusts, Commands, and the express Statutes of 5 R. 2. c. 4. 5. H. 4. c. 6. 8 H. 6. c. 1. 4 H. 8. c. 8. forced them to retract their own Orders, Votes, Ordinances; eject, imprison their own Members, and Vote what they prescribed them. Since which they imprisoned, close imprisoned myself, with sundry other Members, in remote Castles, sundry years, without any cause, hearing, or recompense for this transcendent injustice; And not content herewith, they contrary to both Houses Votes seised, impeached, abused, condemned, beheaded the late King, The head of the Parliament; suppressed, abolished the whole House of Lord's, the ancientest, chiefest Members of it; secured, secluded the greatest part of the Commons House; and forcibly dissolved the Parliament itself by the Sword, without any writ, contrary to an express act of Parliament. And how they have disturbed, secluded, abused, dissipated, dishoused their own mock-Parliament, and their Members even in the like manner; How they and their new Instruments have New-modelled that they now call our Parliaments; how they have deprived many ancient Burroughs, Cities, of their right of electing Burgesses, or of so many Burgesses as they ought, contrary to their Charters, and the express Statutes of 5 R. 2. c. 4. 1 H 5. c. 1. 32 H. 6. c. 15. 9 H. 8. c. 18; disabled many thousands of their Votes in Elections, who have Voices, and enabled others to be Electors who have no Votes by our Laws; incorporated Scottish, and Irish Knights, Burgesses as Members into their late Parliaments, and interrupted the Freedom of Elections, by Letters, Menaces, armed Troops, Soldiers, and other indirect means, against the Statute of 3 E. 1. c. 5. the great Charter, and Constitutions, Laws, Rights, Privileges of our Parliaments; (to make what Persons and Number of their own creatures they please, a pretended Parliament, to bind our three Nations (by color of a void, illegal Instrument, made suddenly by a few Privadoes of their own in a corner; having no more legal force to bind our three Nations or Parliaments, than a Fiddle-string, or the new Cords wherewith the uncircumcised Philistines by their treacherous Delilah bound Sampson of old; which he brake from off his arms like a thread, Judge. 16. 12.) All which is so well known to themselves, and others, that I shall not insist any further thereon. And are not all and every of these far greater abuses, & of more general important concernment to the whole Nation, than any they would now reform, or declaim against in our Laws, or Lawyers? fit now to be redressed? being adjudged no less than High Treason in others; not only by the Parliaments of 4 E. 3. n. 1. 21 R. 2. cap. 12. 1 H. 4. rot. Parl. n. 21, 22. 31 H. 6. c. 1. 3 Jac. c. 1, 2. and in Chaloners and Tomkins case June 14. 1647. in the last Parliament of King Charles, A Collection of Ordinances, p. 200. to 206. but likewise by the Army Officers themselves; yea the very ground-work of all the uncapabilities, penalties, sequestrations, decimations, forfeitures, they have imposed on others for levying war, and adhering unto the late King against the Parliament; which they but mediately and indirectly opposed and warred against, but themselves immediately, actually, directly warred upon, seised, secured, dissolved, destroyed, against their Trusts, Commissions to defend both the Parliament and the Members of it from force and violence: and therefore are the far greater Delinquents, and uncapable to give any voice to elect any Members, or to be elected or sit in the three next Parliaments, by their own self-condemning Censures, Declarations, New instruments, and Verdicts passed against others; and by St Paul's own Verdict, Rom. 2. 1, 2, 3. are inexcusable, and shall not escape the judgment of God: though they escape the sentence of all human Tribunals, for their offenses of this nature.

2. For the safety and liberty of their Persons, these Army-Reformers have contrary to the Great Charter, all other Fundamental Laws, Statutes, the Petition of Right itself, and premised Votes in the Parliament of 3 Caroli, in New-created Military Courts of Justice, impeached, condemned, executed not only the late King and sundry Nobles, but likewise Knights, Gentlemen, and other Freemen of all ranks, callings, without any lawful Inditement or Trial by their Peers, for offenses not capital by our known Laws; Forcibly apprehended by armed Troopers, the Persons of Parliament-men, Noblemen, and others of all sorts; imprisoned, close-imprisoned them in remote Castles, under armed Guards, and translated them from one Castle to another, and myself amongst others, without any legal examination, accusation, hearing, or cause expressed; banished some, and imprisoned others, (yea some of their own Military-Officers, and greatest Friends) in those foreign Isles, Castles, (whither the Prelates and Old Council-Table Lord's, banished me and my fellow-brethren heretofore) without any legal Sentence; imprisoned, close imprisoned thousands at a time upon sudden carnal fears and jealousies, (unbeseeming Saints, Christians, or men professing so much faith, confidence in God, and such signal ownings both of their Persons and present Powers by God himself, as they have done in public or private from time to time, and having an whole Army to guard them) and dragging them out of their Houses, beds, in the night by Soldiers, and shutting them up in inconvenient places; banished multitudes from time to time, from London and other parts, for sundry months together; confined others to certain places; impressed thousands for Land and Sea-services, and foreign employment (as well Apprentices as others) against their wills, and carried them away perforce to, and others from foreign Plantations, to the Indies, where they have lost their limbs, lives, to the ruin of their families and Masters. Degraded all our Nobles without any lawful cause or hearing, of all their personal, hereditary Powers, Trusts, Commands: Disfranchised, disofficed Judges, Justices, Recorders, Mayors, Aldermen, Common-council-men, Freemen, Servants, and many such very lately even by Major Generals, and their Deputies at their pleasures, taking far more Authority upon them now in all places in this and other kinds, than ever any Kings of England did, in late or former ages. And that which transcends all Presidents, imprisoning Lawyers themselves, as grand Traitors, and Delinquents in the Tower of London, only for arguing their Clients Cases, according to their Oaths, Duties, in defense of their Common Fundamental personal Liberty and property, when illegally committed for refusing to pay unjust Excises and Imposts, without Act of Parliament, in the late case of Mr. Cony, and threatening to imprison others for prosecuting lawful suits: when as the late King they beheaded for a Tyrant, freely permitted myself, and other Lawyers, to argue the cases of Knighthood, Loans, Ship-money, Imposts, Tonnage and Poundage, which so • uch concerned him, without imprisonment or restraint. And are not these, with the denying Habeas Corporaes to some, stoping the returning, or benefit of them when returned, to others, far greater Grievances, Abuses (which concern every Subject alike, and strike at the Foundation of all our Liberties) than any these Sword-men dislike or declaim against in our Laws or Lawyers? fit now to be redressed. If any private person injure any Freeman in any of these kinds forementioned, he may be remedied and recover damages by an Action of the Case, Trespass, or false Imprisonment; but being thus injured by our New Whitehall Grandees, Swordmen, Soldiers, Committees, Excise-men, Major-Generals, their Deputies, or Deputy Deputies, who all imprison, dissranchise, oppress men at their pleasures, (which none of our Kings could do) he is now left destitute of all relief or recompense by Law, or ordinary course of Justice, and imprisoned by Committees of Indemnity, if he sue, and forced to desist, or release his action, having no Lawyer who durst to plead his cause, for fear of imprifonment, nor Judge to release him, for fear of displacing; such is our present, worse than Turkish Thraldom, under these Grand Reformers of our Laws, and New-found Guardians of our Liberties, crying out aloud to Heaven and Earth for present redress.

3. For the Propriety of their Estates; so fenced, vindicated, secured by the forecited Parliamentary Votes, Acts, and Petition of Right; alas! what is become of it? Have not these Sword-Reformers forcibly disseised, dis-inherited not only our Kings, Nobles, and other Officers of their Hereditary Honors, Dignities, Offices, Franchises, but likewise them, and thousands more, their Heirs, Successors, Wives, Children, Kinred, of their Palaces, Manors, Houses, Lands, Possessions, Rents, Revenues, real and personal Estates, without any other Law or Title but (that of Thieves and Pirates, Turks and Mamalukes) the longest Sword? Against not only all Laws of the Land, but the very eighth and tenth Moral Commandments of God himself, now practically quite expunged out of their Decalogue? And do not all else hold their Lands and Estates as Tenants at will, to these supreme new Land-Lord's, who upon any New coined Delinquency, or pretended plots, really sequester, or confiscate them at their pleasures by the self-same Law and Title? Yea where as all our Kings in former ages took Aids and Subsidies from our Ancestors only as as their free Gifts and Grants in Parliament, and that in moderate proportions, to wit, one Fifteen, Tenth or Subsidy, and no more in ancient times, and but two or three Subsidies an • Fiftoens of later days, payable at sundry times, in divers years, for which our Kings returned them hearty thanks in their Answers to those Grants, and granted them New Confirmations of their Laws, Liberties and the Great Charter, when violated, together with beneficial General Pardons in recompense of these their Aids and Subsidies (though for public uses and defense) which they never claimed nor imposed in the Clergy or Laity, but by their several free Grants in full and free Parliaments, and Convocations of the Clergy, (as all our Parliament Rolls, our imprinted Acts, Histories, and Sir Edward Cook at large inform us) Do not these our New Military Reforming Sovereigns (as if they were more than Kings) without any free gift, grant, or Act of Parliament in a full and free Parliamentary Assembly, by their own New usurped Power, (without any thanks at all to the People, or confirmation of their violated Laws, Liberties, Privilges, or general Pardons) against all former Acts, and Parliamentary Votes, impose both on the Clergy and Laity, against their Wills, (beyond all Presidents of former ages) what excessive heavy monthly Tax, s Excises, imposts, tunnage, poundage, and other payments they please upon the w • ole Nation, without intermission (which their new comodelled Parliaments themselves must, nor alter nor control by the 27, 28, 29 Articles of their Instrument) and levy them by armed Soldiers, Violence, imprisonments, quartering, and other great penalties, fines inflicted on the Refusers of them, and dispose of them at their pleasures when levied, without giving any account thereof to the Nation? yea force them to pay their contributions some months before they grow due; when no Land-lord can receive his Rents, nor Creditor his debts to pay these Taxes, till at, or after the time they become due? And all to enslave, impoverish the Nation, to carry on new Wars, without consent of Parliament, and gain new Conquests abroad, whiles in the mean time our Merchants are robbed, undone, our trading decayed by these taxes, wars, and forwant of well-guarding the Seas at home. And not content with these ordinary Monthly contributions, excises, imposts, have not these Refarmers, without any legal Trial, hearing, conviction of New Delinquency (oft endeavoring to take away all Ministers Tithes, though due unto them Jure divino, as well as by the Laws of the Land) exacted the Tithes of all formerly sequestered persons, their heirs and Widows estates, improved according to the best improved valu, by a late Decimation, (for which there is no divine nor human Law or Right) notwithstanding all former compositions, Pardons under Seal, Articles of War, their own Act of Oblivion, their late instrument of Government, and oath for its observance; besides all our ancient Laws, exempting them there from, yea notwithstanding this sacred Canon Ezech. 18. 20. The Son shall not bear the iniquity of the Father; with this Maxim in our Law, Transgressio personalis moritur cum personâ; when as yet many Sons, yea some Infants are merely decimated for their Fathers, and Wives Jointures, Dowe • s charged for their Husbands delinquenoies; Nay which is yet more barbarous, illegal, hundreds of Orthodox, able, godly, learned, Protestant Ministers of our Church, without any hearing or crime at all, for their former expiated pardoned mistake, in being addicted to the late Kings party, are not only turned out of all their livings, lectures, fellowships, schools at once; but likewise prohibited to preach, teach School, in public or private, or to be entertained as Chaplains in private Houses, to support themselves, wives, children; or to administer the Sacrament, or mary any, under pain of imprisonment, banishment: And may not all our other Protestant Orthodox Ministers, School-Masters, Scholars be thus smi • ten down, and suppressed at once, by the like club-law and justice, of which this President is a very sad presage? Moreover do not these Reformers seise men's Horses, Arms, Swords, fouling, birding pieces, (yea the very Armorets, Chand • rrs, Arms and Ammuntion, though their stock, wa • es, trade, livelihood) at their pleasures, upon every pretended plot, fear, jealousy? Yea do not Soldiers, Excise-men and their agents break open, search, ransack men's Houses Studies, Trunks, Chests, both by day and night, and' take away their Goods, Chattels, yea their Writings' Records, Papers (as they did mine,) at their pleasures; against all Law, and many late Parliament Votes, Nay have not they forced thousands of all sorts to enter into great penal Bonds of late, with sureties, both for themselves and all their Servants, containing strange, unheard-of illegal Conditions, and forced them to pay, some 10 s. others 5 s. others 2 s. 6 d. for every Bond, (an unparalleled oppression) though many of them not worth so much, under pain of Imprisonment, sequestration, and banishment in case of refusal: to omit all other extorted fees by Marshals, Lieutenants, Officers of the Tower, and others, from Prisoners; by Soldiers for levying pretended arrears of Taxes, and of Excise-men, and their Instruments? And are not these more grievous abuses, fit to be redressed, than any coruptions, excesses, fees in Lawyers, or our Laws? No private Person or Lawyers can take one farthing from another against his will, nor do the least prejudice to his real or personal estate against Law, but he may have present remedy for it. But these New Reformers, by Excises, Imposts, Contributions, Decimations, Sequestrations, and new-invented forfeitures, can forcibly extort, and levy some Millions of pounds from the whole Nation, every year, against their wills, all our Laws, yea strip whole families of their Inheritances, without any remedy by Law or otherwise: yet this must be no grievance or injnstice at all in them, though the Highest Treason, and unpardonable crying offenses, in Strafford, Canterbury, the old Council-Table, and beheaded King; but a most righteous proceeding, necessary to be still pursued if not now established by a New Law, enabling them still to tax and poll us at their pleasures, without any future Parliaments or redress.

4. For the free course of the Common Law, Right, and Justice, according to Magna Charta, c. 29. We will deny, nor defer to no man Justice or Right. It was never so much obstructed in any age by any persons, as by these new Reform does of our Laws. Witness their unparalleled late Whitehall Ordinances, touching their illegal Excises: which not only indempnifie all Excisemen, and their Assistants against all actions to be brought against them, or other molestations by all parties grieved; but expressly requiring, enjoining all Courts of Justice of this Commonwealth, and all Judges and Justices of the same, Sheriffs, Counselors, Attorneys, Solicitors, and all other persons to conform themselves accordingly, Without any opposition or dispute whatsoever; So that now no Court of Justice, or Judge must or can right; nor any Lawyer, Attorney, Solicitor, or other person, plead, argue or prosecute any suit at Law against any illegal Excise, Tax or Imposition, though never so unjust and oppressive; nor against any Levier of them, or imprisoner of refusers of them, under pain of being dis-Iudged, (like Thorp, Nudigate, and Rolls of late) or being committed to the Tower, as Mr. Maynard, Twisden, and Wadham Windham were, for arguing Coni • s case against these Whitehall Ordinances. A slavery worse than that of the English Jews of old; To omit all former inforcements of well affected plundered persons and others, to release their Actions, Judgments, Executions against Cavaliers, Soldiers, and others, and to pay them damages, and costs of • ute besides, to their undoings, by their Councils of War, and Committees of Indemnity, of which there are hundreds of sad Presidents; I shall only touch their new Major Generals, Captains, Lieutenants, and others late Abuses of this kind, in sending for Lawyers, Attorneys, Solicitors, Parties, by Soldiers and other Messengers, and forcing them by menaces, terror, and threatened imprisonments to release their Actions, Judgments, Executions, and to refer all suits depending in Courts of Equity or Justice, to their own hearing and determination. Their examining, controlling, reversing Orders, Judgments, Decrees, made not only by Judges, Justices, and others, in Courts of Law and Equity, but even by Committees of Parliament, and the Commons House itself: their sending for some persons in Custody who refused to attend them, upon references, and others sundry miles, and making them dance attendance on them from day today upon bare Petitions and false suggestious of clamorous persons, after several Judgments, Decrees in Courts of Justice, Equity, Parliaments, and former references by the late King, seconded with many years quiet enjoyment, for lands recovered against them, to their intolerable expense and vexation. A preparative to engross all Law and Justice for the future into their own hands alone, and suppress all Courts of Justice, Judges, as dull and useless tools, as some of late have styled them. And are not these far heavier, sadder Grievances, abuses worthy redress, than any these Reformers complain of in our Laws or Lawyers?

If our Sword-men imagine, their Victorious Successes will still bear them out in all these their illegal extravagances, against all Laws, Tribunals both of God and Men; let them remember, that Cyrus King of Persia, after his victorious conquests of Astyages, Croesus, all Asia, and the East, with a great part of Scythia, and 30 years reign, with continual and admirable Success; was at last (after a great victory over the Scythians) suddenly surprised and slain by Thomyris Queen of Scythia, and his whole old victorious Army of two hundred thousand Persians put every man to the sword, not one of them escaping to bring back tidings of this their admirable universal overthrow and slaughter. After which his head was cut off by the Queens command, and thrown into a Vessel filled with man's blood, with this exprobation of his cruelty, Satia te sanguine quem sitisti, cujusque insatiabilis temper fuisti. That Pompey the Great, that glorious and famous Roman, after his Conquests of, and 3. public Triumphs (decreed him by the Roman Senate) over Europe, Asia and Africa, (the whole known World in that age) which he had subdued, was yet at last conquered by Julius Caesar his Corrival, and forced to fly into Egypt; there taken and beheaded by a slave, and his carcass lef unburied on the sands, as a prey to the birds and beasts; so that he who formerly wanted earth for him to conquer, now wanted earth to bury him; such was the vicissitude of his fortune (as Paterculus observes.) And not long after this Great Conqueror Caesar, was suddenly stabbed to death in the Senate House by his own Friends in whom he most confided, for his ambitious Tyrannical usurpations over the Senate and people; Enough to make all other usurping oppressing Swordmen tremble (not half so great Conquerors as either of these three) notwithstanding all their former successes; which should rather humble and make them more just, righteous towards the people, for whose Laws and Liberties they pretended they only fought against arbitrary Tyranny, Impositions and Rapine, than more arbitrary, insolent, exorbitant, oppressive than those they fought against, and suppressed; and that upon the consideration of 2 Chron. cap. 10. 2 Kings 14. 8. to 15. Mich. 2. 1, 2, 3, 4, 5, 7, 8, 9, 10. Ierem. 34. 8. to 22. and Rom. 11. 17. to 22. which I desire them seriously to peruse and meditate upon at their leisures.

To these forenamed 4. Generals, I might add their New Voluminous Whitehall folio Edicts, Ordinances, repealing, altering our former Laws and Statutes in many particulars, imposing new Taxes, payments, forfeitures, imprisonments, fines, penalties on the people, and such as shall infringe them; Their converting all Prizes taken by their Men of War, to private Uses, and their public Treasury, without repairing or satisfying our Merchants Losses by Pyracies and Wars in the first place, by whose Customs and for whose Safety they are principally maintained, and whose damages should be therefore in justice, conscience, first repaired; Major Generals and their Deputies suppressing of Inns, Taverns, Alehouses (like absolute Justices) without any legal Authority, and then setting them up again soon after, through the mediation of Friends or money: Their riding in circuit with those who are their Judges to overawe and control them; their open abetting and countenancing of causes; their great destruction of the timber of the Nation, against sundry Statutes, their building of new stately Houses, Gardens, &c. upon the people's and the public stock; the sharing of the public Lands and Revenues of the kingdom amongst themselves, which should defray public expenses, now fit to be reformed, as in former ages; Their making Sectaries and illiterate Sword-men, and other persons of mean quality, who understand neither Law nor Justice, their Justices of Peace, and Committee men in sundry places, against former Statutes: Their imposing, administering Oaths to men without any Legal Commission or Law (as every Swordman now presumes) a Praemunire and grand Offence in former ages: With sundry more generals, which I pretermit, the particulars whereof would amount to many Baronian Tomes, if at large recorded, being worthy the consideration of the approaching Assembly, if not of reformation. Which Assembly being purposely called, as these Army Officers, and Major Generals report, and some Whitehall Letters import, for the reformation of our Laws, and for the healing and closing up of the wounds, breach • of our distracted, discontented Nations; which my skill in Chirurgery and Politicks, and the method of all former Parliaments assures me can never perfectly be healed and closed up, without danger of r • lapse & breaking out again with greater, pain, danger, violence, unless they be first searched, lanced, and laid open to the bottom, & then perfectly cleansed, and incarnated, without leaving any core or Corruption underneath. I have thereupon (to gratify Mr. Shepherd, and discharge my bounden duty to my Profession and Country) thus briefly anatomized and laid them open to public view, to the end they may (through God's blessing) receive a speedy, sound and perfect, not superficial palliative Cure, without any other sinister design. Now the grand Physician both of Souls and States give so effectual a blessing and success to these few leaves, that they may prove like the leaves of the tree of life, Rev. 22. • 2. for the healing of the Nations; That God may not now say of England, as he did once of Israel, Jer. 30. 13, 14, 15. Thy bruise is incurable, and thy wound is grievous, There is none to plead thy cause that thou mayest be bound up: thou hast no healing medicins: All thy lovers have forgotten thee; they seek thee not; for I have wounded thee with the wound of an Enemy, with the chastisement of a cruel one, for the multitude of thine iniquities, because thy sins are increased.