this illegall Tax Upon all these weighty Reasons and serious grounds of Conscience Law Prudence which I humbly submit to the Consciences and Judgments of all conscientious and Judicious persons whom they do or shall concern I am resolved by the assistance and strength of that Omnipotent God who hath miraculously supported me under and carried me through all my former sufferings for the Peoples publick Liberties with exceeding joy comfort and the ruine of my greatest enemies and Opposers to oppugne this unlawfull Contrbution and the payment of it to the uttermost in all just and lawfull wayes I may And if any will forcibly levie it by distresse or otherwise without Law or Right as Theeves and Robbers take mens goods and Purses let them doe it at their own utmost perill I trust God and men will in due season do me justice upon them and award me recompence for all their injuries in this kinde or any sufferings for my Countries Liberties How ever fall back fall edge I would ten thousand times rather loâ—…e life and all I have to keep a good conscience and preserve my native Liberty then part with one farthing or gain the whole world with the losse of either of them and rather die a Martyr for our Ancient Kingdom then live a Slave under any new Republick or remnant oâ—… a broken dismembred strange Parliament of Commons without King Lords or the major part of the Knights Citizens and Burgesses of the Realme in being subject to their illegal Taxes and what they call Acts of Parliament which in reality are no Acts at all to binde me or any other subject to obedience or just punishment for Non obedience thereunto or Non-conformity to what they stile the present Government of the Armies modeling and I fear the Jesuites suggesting to effect our Kingdoms and Religions ruine WILLIAM PRYNNE SWAINSWICK June 16 1649. PSAL. 26. 4 5. I have not sate with vain persons neither will I go in with Dissemblers I have hated the Congregation of evill doers and will not sit with the wicked FINIS A POSTCSRIPT SInce the drawing up of the precedent Reasons I have met with a printed Pamphlet intituled An Epistle written the 8th day of June by Lieutenant Colonel John Lilburn to Master William Lenthal Speaker to the remainder of those few Knights Citizens and Burgâ—…es that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster as most fit for his and his Masters designes to serve their ambitious and tyrannicall ends to destroy the good old Laws Liberties and Customs of England the badges of our Freedom as the Declaration against the King of the 7th of March 1648. p. 23. calls them and by force of Arms to rob the people of their lives estates and properties and subject them to perfect vassallage and slavery c. who and in truth no otherwise pretendedly stile themselves The Conservators of the Peace of England or the Parliament of England intrusted and authorized by the consent of all the people thereof whose Representatives by Election in their Declaration last mentioned p. 27. they say they are although they are never able to produce one bit of Law or any piece of a Commission to prove that all the people of England or one quarter tenth hundred or thousand part of them authorized Thomas Pride with his Regiment of Souldiers to chuse them a Parliament as indeed it hath de facto done by this PRETENDED MOCK-PARLIAMENT And therefore it cannot properly be called the Nations or Peoples Parliament but Col. Prides and his Associates whose really it is who although they have beheaded the King for a Tyrant yet walk in his oppressingest steps if not worse and higher In this Epistle this late great champiâ—…n of the House of Commons and fitting â—…cto's Supremacy both before and since the Kings beheading who with his Brother a Overton and their Confederates first cryed them up as and gave them the Title of The Supreme Authority of the Nation The onely Supreme Judicatory of the Land The onely formall and legall Supreme power of the Parliament of England in whom alone the power of binding the whole Nation by making altering or abrogating Laws without either King or Lords resides c. and first engaged them by their Pamphlets and Petitions against the King Lords and Personall Treaty as he and they print and boast in b this Epistle and other late Papers doth in his own and his Parties behalf who of late so much adored them as the onely earthly Deities and Saviours of the Nation now positively assert and prove First That c Commissary General Ireton Colonel Harrison with other Members of the House and the General Councel of Officers of the Army did in several Meetings and Debates at Windsor immediatly before their late march to London to purge the House and after at White-hall commonly stile themselves the pretended Parliament even before the Kings beheading a MOCK PARLIAMENT a MOCK POWER a PRETENDED PARLIAMENT NO PARLIAMENT AT ALL And that they were absolutely resolved and determined TO PULL UP THIS THEIR OWN PARLIAMENT BY THE ROOTS and not so much as to leave a shadow of it yea and had done it if we say they and some of our then FRIENDS in the House had not been the Principal Instruments to hinder them We judging it then of two evils the least to chuse rather to be governed by THE SHADOW OF a PARLIAMENT till we could get a reall and a true one which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect then simply solely and onely by the will of Sword-men whom we had already found to be men of no very tender consciences If then these leading swaying members of the new pretended purged Commons Parliament and Army deemed the Parliament even before the Kings beheading a Mock-parliament a mock-power a pretended Parliament yea no parliament at all and absolutely resolved to pull it up by the roots as such then it necessarily follows First That they are much more so after the Kings death and their suppression of the Lords House and purging of the Commons House to the very dregs in the opinions and consciences of those now sitting and all other rationall men And no wayes enabled by Law to impose this or any other new Tax or Act upon the Kingdom creating new Treasons andâ—…Penalties Secondly that these grand saints of the Army and Stearsmen of the Pretended Parliament knowingly sit vote and act there against their own judgements and consciences for their own private pernicious ends Thirdly that it is a baseness cowardize and degeneracy beyond all expression for any of their fellow-members now acting to suffer these Grandees in their Assembly Army to sit or vote together with them or to enjoy any Office or command in the Army or to impose any tax upon the People to maintain such Officers Members Souldiers who have thus
Kings Lords or Commons meaning by this act to set up a Parliament onely of Commons much lesse of a remnant of a Commons House selected by Colonel Pride and his Confederates of the Army to serve their turns and vote what they prescribed without either King or House of Peers much leâ—…se to give them any super-transcendent authority to vote down and abolish the King and house of Lords and make them no Members of this present or any future Parliaments without their own order or aâ—…sent against which so great usurpation and late dangerous unparliamentary encroachments this very act expresly provides in this clause That the House of Peers wherein the King sits as Soveraign when he pleaseth shall not at any time or times during this present Parliament be adjourned much less then dissolved excluded or suspended from sitting or voting which is the greater and that by their inferiours in all kindes a Fragment of the Commons House who can pretend no colour of Jurisdiction over them before whom they alwayes stood bare-headed like so many Grand-Jury-men before the Judges and attended at their Doors and Bar to know their pleasures unlesse it be by Themselves or by their own Order 5. That neither the King Lords nor Commons intended to set up a perpetuall Parliament and intail it upon them their Heirs and Successors for ever by this Act which would cross and repeal the Act for 〈◊〉 Parliameâ—…ts made at the same time and on the same * day in Law but to make provision only against the untimely dissolving of this till the things mentioned in the Prèamble were accomplished and setled as the Preamble and those oft repeated words any time or times during the continuance of this present Parliament conclude and that during His Majesties Reign and life not after his death as these words coupled with The relief of his Majesties Army and People and for supply of His Majâ—…sties preâ—…ent â—…nd urgent occasions in the Preamble manifest Therefore this Act can no wayes continue it a parliament after the Kings beheading much lesse after the exclusion both of the King and Lords House out of parliament by those now siâ—…ting contrary to the very letter and provision of this Act by which devâ—…ce the King alone had he conquered and cut off or secluded by his Forces the Lords and Commons House from sitting might with much more colour have made himself an absolute parliament to impose what Taxes and Laws he pleased without Lords or Commons on the people by vertue of this Act then those few Commons now sitting since his tryall and death doe 6. The last clause of this Act And that all and every thing or tâ—…ings whatsoever DONE OR TO BE DONE to wit by the King or His Authority for the adjournment proroguing or dissolving of THIS PRESENT PARLIAMENT CONTRARY TO THIS PRESENT ACT SHALL BE UTTERLY VOID and of NONE EFFECT Now death and a dissolution of this parliament by the Kings death cannot as to the King be properly sâ—…iled a Thing done or to be done by Him for the adjournment proroguing or dissolving of this parliament contrary to this present Act which cannot make the Kings death utterly voiâ—… and of none effect by restoring him to his life again Therefore the dissolution of the parliament by the Kings death is cleerly out of the words and intentions of this Act especially so many yeers after its Enacting 7. This present Parliament and every Member thereof being specially summoned by the Kings Wâ—…it only to be HIS Parliament and Councell and to conferre with HIM of the great and urgent affaires concerning HIM and HIS Kingdom and these Writs and Elections of them returned unto HIM and HIS COURT by Indenture and the persons summoned and chosen by vertue of them appearing only in HIS Parliament for no other ends but those expressed in HIS WRITS it would be both an absuâ—…dity and absolute impossibility to assert that the Houses intended by this Act to continue this Parliament in being after the Kings beheading or death unless they that maintain this paradox be able to inform me and those now sitting how they can conferr and advise with a dead King of things concerning Him and His Kingdom and that even after they have extirpated Monarchy it self and made it Treason to assert or revive it and how they can continue still HIS Parliament and Councell whose head they have cut off and that without reviving or raising him from his grave or enstalling His right Heir and Successor in His Throne to represent His Person neither of which they dare to doe for fear of losing their own Heads and Quarters too for beheading him This Tax therefore being imposed on the Kingdom long after the Kings beheading and the Parliaments dissolution by it must needs be illegall and meerly void in Law to all intents because not granted nor imposed in but out of Parliament by those who were then no Commons nor Members of a Parliament and had no more authority to impose any Tax upon the Kingdom then any other forty or fifty Commoners whatsoever out of Parliament who may usurp the like authority by this president to Tax the Kingdom or any County what they please and then Levy it by an Army or force of Armes to the peoples infinite endless oppression and undoing This is my first and principall exception against the Legality of this Tax which I desire the Imposers and Levyers of it most seriously to consider and that upon these important considerations from their own late Declarations First themselves in their own Declaration of the 9th February 1648. have protested to the whole Kingdom That they aâ—…e fully resolved to maintain and shall and will uphold preserve and â—…ep the fundamentall Lawes of this Nation for and concerning the PRESERVATION OF THE LIVES PROPERTIES and LIBERTIES OF THE PEOâ—…LE with all things incidâ—…nt thereunto which how it will stand with this Tax imposed by them out of Parliament or their Act concerâ—…ing New TREASONS I desire they would satisfie me and the Kingdom before they levy the one or proceed upon the other against any of their follow-Subjects by meer arbitrary armed power against Law and Right Secondly themselves in their Declaration expressing the grounds of their late proceedings and setling the present Government in way of a Free-State dated 17. Martii 1648. engage themselves To prooure the well-being of those â—…hom theâ—… serve to renounce oppression arbitrary power and all opposition to the peace and Freedome of the Nation And to prevent to their power the reviving of Tyrannie Injustice and all former evils the only end and duty of all their Labors to the satisfaction of all concerned in it 2. They charge the late King for exceeding all His predecessors in the destruction of those whom he was bound to preserve To manifest which they instance in The Loanes unlawfull Imprisonments and other Oppressions which produced that excellent Law of the Petition of Right which were
destroy and subvert both Lawes Liberties and Properties at last And not any thing like them to introduce Anarchy Democracy Parity Tyranny in the Highest degree and new formes of arbitrary Government and leave neither King nor Gentleman all which the people should too late discover to their costs and that they had obtained nothing by adhering to and compliance with them but to enslave and undoe themselves and to be last destroyed Which royal Predictions many complaine we finde too truely verified by those who now bear rule under the Name and visour of the Parliament of England since its dissolution by the Kings decapitation and the Armies imprisoning and seclusion of the Members who above all others are obliged to disprove them by their answers as wel as declarations to the people who regard not words but reall performances from these new keepers of their Liberties especially in this FIRST YEAR OF ENGLANDS FREEDOM engraven on all their publick Seals which else will but seal their Selfdamnation and proclaim them the Archest Impostors under Heaven Secondly should I voluntarily submit to pay this Tax and that by vertue of an Act of Parliament made by those now sitting some of whose Elections have been voted void others of them elected by * new illegall Writs under a new kind of Seal without the Kings Authority stile or Seal and that since the Kings beheading as the Earl of Pembroke and Lord Edward Howard uncapable of being Knights or Burgesses by the Common Law and custome of Parliament being Peers of the Realm if now worthy such a Title as was adjudged long since in the Lord Camoyes case Claus. Dors. 7. R. 2. m. 32. and asserted by Master Selden in his Titles of Honor part 2. c. 5. p. 737. seconded by Sir Edward Cook in his 4 Institut p. 1 4 5 46 47 49. As I should admit these to be lawfull Members and these unlawfull void Writs to be good in Law so I should thereby tacitly admit ex post facto assent to some particulars against my knowledg judgment conscience Oaths of Supremacy Allegiance Protestation and solemn League and Covenant taken in the presence of God himself with a sincere heâ—…rt and reall intention to perform the same and 〈◊〉 therein al the days of my life without suffering my self directly or indirectly by whatsoever combination perswasion or terror to be withdrawn therefrom As first That there may be and now is a lawfull Parliament of England actually in being and legally continuing after the Kings death consisting only of a few late Members of the Commons House without either King Lords or most of their fellow-Commons which the very Consciences and judgments of all now sitting that know anything of Parliaments and the whole Kingdom if they durst speak their knowledg know beleeve to be false yea against their Oaths and Covenant Secondly That this Parliament so unduly constituted and packed by power of an Army combining with them hath a just and lawful Authority to violate the Priviledges Rights Freedomes Customs and alter the constitution of our Parliaments themselves imprison seclude expel most of their fellow-members for voting according to their consciences to repeal what Votes Ordinances and Acts of Parliament they please ereâ—…t new Arbitrury Courts of war and Justice 〈◊〉 aâ—…aign condemn execute the King himself with the Peers Commons of this Realm by a new kind of Martial law contrary to Magna Charta the Petition of Right and Law of the Land dis-inherit the Kings posteâ—…ty of the crown extirpat Monarchy the whole house of Peers change and subvert the ancient Government Seals Lawâ—… Writs legal proceedings Courts and coin of the Kingdom â—…ell and dispose of all the Lands Revenues Jewels goods of the Crowne with the Lands of Deans and Chapters as they think meet absolve themselves like so many antichristian Popes with all the Subjects of England and Ireland from all the Oaths and engagements they have made TO THE KINGS MAJESTY HIS HEIRS AND SUCCESSORS yea from their very Oath of Allegiance notwithstanding this express clause in it which I deâ—…ire may be â—…riously and conscienciously considered by all who have sworne it I do â—…eleeve and in Conscienâ—… am râ—…olved that neither the Pope NORANY PERSON WHATSOEVER HATH POWER TO ABSOLVE ME OF THIS OATH OR ANY PART THEREOF which I acknowledge by good and â—…ull Authority to be lawfully ministred unto me and DO RENOUNCE ALL PARDONS AND DISPENSATIONS TO THE CONTRARY dispense with our Protestations Solemn League and Covenant so lately * zealously uâ—…ged and injoyned by both Houses on Members Officers Ministers and all sorts of Pâ—…ople throughout the Realm dispose of all the Forts Ships Forces Offices and Places of Honour Power Trust or profit within the Kingdom to whom they please to displace and remove whom they will from their Offices Trusts Pensions Callings at their pleasures without any legall cause or tryall to make what new Acts Lawes and reverse what old ones they think meet to insnare inthral our Consciences Estates Liberties Lives to create new monstrous Treasons never heard of in the world before and declare râ—…ll treasons against King Kingdome Parliament to be no trâ—…asons and Loyalty Allegiâ—…nce due obedience to our knowne Lawes and consciencious observing of our Oaths and Covenant the breach whereof would render us actuall Traytors and perjurious persons to be no lesse then High Treason for which they may justly imprison dismember disfranchise displace and fine us at their wills as they have done some of late and confiscate our persons livâ—…s to the Gallowes and our estates to their new Exchequer a Tyranny beyond all Tyrannies ever heard of in our Nation repealing Magna Charta c. 29. 5. E. 3. c. 6. 25. Edw. 3. cap. 4. 28. Ed. 3. c. 3. 37. E. c. 18. 42. E. 3. cap. 3. 25. Ed. 3. cap. 2. 11. R. 2. c. 4. 1. H. 4. c. 10. 2. H. 4. Rot. Par. N. 60. 1. E. 6. c. 12. 1 Mar. c. 1. The Petition of Right 3 Caroâ—… and laying all our * Laws Liberties Estates Lives in the very dust after so many bloody and costly years wars to defend them against the Kings invasions rayse and keep up what forces they will by Sea and Land impose what heavy Taxes they please and renew increase multiply and perpetuate them on us as often and as long as they please to support their own encroached more then Regall Parliamentall Super-transcendent Arbitrary power over us and all that is ours or the Kingdoms at our private and the publique charge against our wils judgments consciences to our absolute enslaving and our three Kingdomâ—… râ—…ine by engaging them one against another in new Civill wars and exposing us for a prey to our Forraign Enemies All which with other particulars lately acted and avowed by the Imposers of this Tax by colour of that pretended Parliamentary Authority by which they have imposed it I must necessarily admit acknowledg to be just and legall
the Parliament as Modus tenendi Parliamentum and Sir Edward Cooks 4. Instit. p. 3. resolve which waâ—… summoned and constituted only by his writ now b actually abated by his death and the Parliament as it is evident by the clauses of the severall Writs of Summons to c the Lords and for the election of Knights and Burgesses and levying of their wages being onely PARLIAMENTUM NOSTRUN the Kings Parliament that is dead not his Hâ—…irs and Succâ—…ssors and the Lords and Commons being all summoned and authorized by it to come to HIS PARLIAMENT there to be present and conferre with HIM NOBISCUM not His Heirs and Successors of the weighty urgent affâ—…ires that concerned NOS HIM and HIS KINGDOME of England and the Kâ—…ights and Burgesses receiving their wages for Nuper ad NOS ad PARLIAMENTUM NOSTRUM veniendo c. quod sommoneri FECIMUS ad tractaâ—…dum ibidem super diversis arduis Negotiis NOS Staâ—…um REGNINOSTRI tangentibus as the tenor of the d Writs for their wages determines The King being dead and his Writ and Authority by which they are summoned with the ends for which they were called to confer with HIM about HIâ—… and HIS KINGDOMS affairs c. being thereby absolutely determined without any hopes of revivall the Parliament it self must thereupon absolutely be determined likewise especially to those who have dis-inherited HIS HEIRS and SUCCESSORS and voted down our Monarchy it self and these with all other Members of Parliament cease to be any longer Members of it being made such only by the Kings abated Writ even as all Judges Justices of peace and Sheriffs made only by the Kings Writ or Commission not by Letters Patents cease to be Judges Justices and Sheriffs by the Kings death for this very reason because they are constituted Justiciarios Vicecomites NOSTROS ad Pacem NOSTRAM c. custodiendam and he being dead and his Writs and Commissions expired by his death they can be his Judges Justices and Sheriffs no longer to preserve HIS Peace c. no more then a wife can be her deceased Husbands Wife and bound to his obedience from which she was loosed by his death Rom. 7. 2 3. And his Heirs and Successors they cannot be unlesse he please to make them so by his new Writs or Commissions as all our e Law-books and Judges have frequently resolved upon this very reason which equally exnends to Members of Parliament as to Judges Justices and Sheriffs as is agreed in 4 E. 4. 43 44. and Brooke Office and Officer 25. Therefore this Tax being clearly imposed not in but out of and after the Parliament ended by the Kings decapitation and that by such who were then no lawfull Knights Citizens Burgesses or Members of Parliament but onely private men their Parliamentary Authority expiring with the King it must needs be illegall and contrary to all the fore-cited Statutes as the Convocations and Clergies Tax and Benevolence granted after the Parliament dissolved in the year 1640. was resolved to be by both Houses of Parliament and those adjudged high Delinquents who had any hand in promoting it 2. Admit the late Parliament still in being yet the House of Peers Earls and Barons of the Realm were no ways privie nor consenting to this Tax imposed without yea against their consents in direct afsront of their most ancient undubitable Parliamentary Right and priviledges these Tax-masters having presumed to vote down and null their very House by their new encroached transcendent power as appears by the title and body of this pretended Act entituled by them An Act of THE COMMONS assembled in Parliament Whereas the Houâ—…e of Commons alone though full and free have no more lawfull Authority to impose any Tax upon the people or make any Act of Parliament or binding Law without the Kings or Lords concurrence then the man in the Moon or the Convocation Anno 1640. after the Parliament dissolved as is evident by the eâ—…press words of the fore-cited Acts the Petition of Right it self 〈◊〉 for the Trienniall Parliament and against the proroguing or diâ—…olving this Parliament 17. Caroli with all our printed Statutes (f) Parliament-Rolls and (g) Law-Books they neither having nor challenging the sole Legislative power in any age and being not so much as summoned to nor constituting mâ—…mbers of our (h) ancient Parliaments which coâ—…sisted of the King and Spirituall and Temporall Lords without any Knights Citizens or Burgesses as all our Histories and Records attest till 49 H. 3. at soonest they having not so much as a Speaker or Commons House til after the beginning of King Ed. the third's reign and seldom or never presuming to make or tender any Bills or Acts to the King or Lords but Petitions only for them to redress their grievances and enact new Laws til long after Rich. the seconds time as our Parliament Rols and the printed prologues to the Statutes of 1. 4. 5. 9. 10. 20. 23. 36. 37. and 50. Eâ—… 4. 1 Rich. 2. 1. 2. 4. 5. 7. 9. 11. 13. Hen. 4. 1. 2. 3. 4. 8. 9. Heâ—… 3. 1. 2. 3. 4. 6. 8. 9. 10. 11. 14. 15. 29. 28. 29. 39. Hen. 6. â—… 4. 7. 8. 12. 17. 22 Ed. 4. and 1 Rich. 3. evidence which run all in this form At the Parliament holden c. by THE ADVICE and ASSENT OF THE LORDS SPIRITUALL and TEMPORALL and at THE SPECIALL INSTANCE and REQUEST OF THE COMMONS OF THE REALM BY THEIR PETITIONS put in the said Parliameâ—… as some prologues have it Our Lord the King hath cauâ—…ed to be ordaineâ—… or ordained CERTAIN STATUTES c. where the advising and assenting to Lawes is appropriated to the Lords the ordaining of them to the King and nothing but the requeâ—…ting of and petitioning for them to the Commons both from King and Lords in whom the Legislative power principally if not soseâ—…y resided as is manifest by the printed Prologue to the Statute of Merton 20. Hen. 3. The Statute of Mortemain 7 Ed. 1. 31. Ed. 1. De Asportatis Religiosorum the Statute of Sheriffs 9. E. 2. and of the Templers 17 E. 2. to cite no more Therefore this Tax imposed by the Commons alone without King or Lords must needs be void illegall and no ways obligatory to the subjects 3. Admit the whole House of Commons in a full and free Parliament had power to impose a Tax and make an Act of Parliament for levying it without King or Lords which they never did nor pretended to in any age yet this Act and Tax can be no ways obliging because not made and imposed by a full and free House of Commons but by an empty House packed swayed over-awed by the chief Officers of the Army who have presumed by meer force and armed power against law and without president to seclude the major part of the House at least 8 parts of 10 who by law and custom are the House it self from sitting
have left both the Armies to disorder and confusion and the whole Kingdom to blood and rapine In which passages we have a clear resolution of the Commons themselves immediately after the passing of this Act that the scope and intention of it was only to provide against the Kings abrupt dissolution of the Parliament by the meer royall power in suspending the execution of it for this tiâ—…e and occasion only and that for the Kings own security not his Heirs and Successors as well as his peoples peace and safety Therefore not against any dissolutions of it by his natural much lesse his violent death which can no ways be interpreted an Act of his Royall power which they intended hereby not to take out of the Crown but only to suspend the execution of it for this time and occasion and that for his security but a naturall impotency or unnaturall disloyalty which not only suspends the execution of the Kings power for a time but utterly destroies and takes away him and it without hopes of revival for evâ—…r Secondly the very title of this Act An Act to prevent Inconveniences which may happen by the UNTIMELY adjourning proroguing or DISSOLUTION of this present Parliament intimates as much compared with the body of it which provides as wel against the adjourning and proroguing of both or either Houses without an Actof Parliament as against the dissolution of the Parliament without an Act. Now the Parliament cannot possibly be said to be adjourned or prâ—…gued in any way or sence much less untimely by the Kings death which never adjourned or prorogâ—…d any Parliament but only by his Proclamation writ or royal command to the Houses or their Speaker executed during his life as all our Journals ‖ Parliament Rolls and * Law-Books resolve though it may be dissolved by his death as wel as by his Proclamation writ or royal command And therefore this title and act coupling adjourning proroguing and dissolving this Parliament together without consent of both Houses by act of Parliament intended only a dissolution of this Parliament by such Prerogative wayes and meanes by which Parliaments had formerly been untimely adjourned and prorogâ—…ed as well as dissolved by the Kings meer will without their assents not of a dissolution of it by the Kings death which never adjourned nor prorogued any Parliament nor dissolved any formerly sitting Parliament in this Kings reign or his Ancestors since the deathof King Henry the 4th the only Parliament we read of dissolved by death of the King since the conquest and so a mischief not intended nor remedied by Act Thirdly The prologue of the act implies as much Whereas great sums of money must of necessity be SPEEDILY advanced procured for the relief of HIS MAJESTIES ARMY and PEOPLE not his Heirs or Successors in the Northern parts c. And for supply of other HIS MAJESTIES PRESENT and URGENT OCCASIONS not his Heirs or Successors future occasions which cannot be so timely effected as is requisite without credit for raising the said monies which credit cannot be attained until such obstacles be first removed as are occasioned BY FEAR JEALOUSIES and APPREHENSIONS OF DIVERS OF HIS MAJESTIES LOYAL SUBJECTS THAT THE PARLIAMENT MAY BE ADJOURNED PROROGUED OR DISSOLUED not by the Kings sodain or untimely death of which there was then no fear Jealousy or apprehension in any his Majesties Loyal Subjects but by his Royal Prerogative and advice of ill Councellors before justice shall be duly executed upon Delinquents then in being nor sprung up since publique grievances then complained of râ—…dressed a firm peace betwixt the two Nations of England and Scotland concluded and before sufficient provisions be made for the repayment of THE SAID MONEYS not others since so to be raised All which the Commons in this present Parliament assembled having duely considered do therefore humbly beseech your Majesty â—…at it may be declared and enacted c. â—…ll which expressions relateâ—… onely TO HIS late Majesty only not his Heirs and Successours and the principal scope of this 〈◊〉 to gain present credit to raise moneys to disband the Scotish and English Armies then lying upon the Kingdom being many yeers since accomplished yea and justice being since executed upon Strafford Canterbury and other Delinquents then complained of the publick Grievances then complained of as Star-chamber High-Commission Ship-money Tonnage and poundage Fines for Knighthood Bishops votes in Parliament with their Courts and Jurisdictions and the like redressed by acts soon after passed and a firm peace between both Nations concluded before the Wars began and this preamble's pretentions for this act fully satisfied divers years before the King's beheading it must of necessity be granted that this Statute never intended to continue this Parliament on foot after the Kings decease especially after the ends for which it was made were accomplished And so it must necessarily be dissolved by his Death Fourthly This is most clear by the body of the act it self And be it declared and enacted By THE KING OUR SOVERAIGN LORD with the assent of the LORDS Commons in this PRESENT PARLIAMENT ASSEMBLED by the authority of the same That THIS PRESENT PARLIAMENT Now ASSEMBLED shall not be DISSOLVED unlesse it be by ACT OF PARLIAMENT TO BE PASSED FOR THAT PURPOSE nor shall any time or times DURING THE CONTINUANCE THERE OF BE PROROGUED OR ADJOURNED unlesse it be By ACT OF PARLIAMENT to be likewise PASSED FOR THAT PURPOSE And that THE HOUSE of PEERS shall not at any time or times DURING THIS PRESENT PARLIAMENT BE ADJOURNED unlesse it be By THEMSELVES or BY THEIR OWN ORDER And in like manner that THE HOUSE OF COMMONS shall not at any time or times DURING THIS PRESENT PARLIAMENT be adjourned unless it be BY THEMSELVES or BY THEIR OWN ORDER Whence it is undeniable 1. that this act was only for the prevention of the untimely dissolving Proroguing and adjourning of that present Parliame nt then assembled and no other 2. That the King himself was the Principal Member of his Parliament yea our Soveraign Lord and the sole declarer and enacter of this Law by the Lords and Commons assent 3. That neither this Act for continuing nor any other for dissolving adjourning or proroguing this Parliament could be made without but only by and with the Kings Royal assent thereto which the Lords and Commons assembled in Parliament in their * Remonstrance of the 26. of May 1642 oft in terminâ—… acknowledge together with his Negative voice to bils 4. That it was neither the Kings intention in passing this act to shut himself out of Parliament or create Members of a Parliament without a King as he professed in his {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} c. 5. p. 27. Nor the Lords nor Commons intendment to dismember him from his Parliament or make themselves a Parliament without him as their foresaid Remonstrance testifies and the words of the act import Neither was it the
by my voluntary payment of it of purpose to maintain an Army to justifie and make good all this by the meer power of the Sword which they can no wayeâ—… justifie and defend by the Lawes of God or the Realm before any Tribunall of God or Men when legally arraigned as they shal one day be Neither of which I can or dare acknowledg wiâ—…hout incurring the guilt of most detestable Perjury and highest Treason against King Kingdom Parliament Laws and Liberties of the people and therfore cannot yeeld to this Assessment Thirdly the principal ends and uses proposed in the pretended Act and Warrants thereupon for payment of this Tax are strong obligations to me in point of Conscience Law Prudence to withstand it which I shall particularly discuss The â—…irst is the maintenance and contiuuance of the present Army and Forces in England under the Lord Fairfax To which I say First as I shall with all readiness gratitude and due respect acknowledg their former Gallantry good and faithfull Services to the Parliament and Kingdom whiles they continued dutifull and constant to their first Engagements and the ends for which they were raised by both Houses as far forth as any man so in regard of their late monstrous defections and dangerous Apostacies from their primitive obedience faithfulness and engagements in disobeying the Commands and levying open war against both Houses of Parliament keeping an horrid force upon them at their very doors seising imprisoning secluding abusing and forcing away their Members printing and publishing many high and treasonable Declarations against the Institution Priviledges Members and Proceedings of the late and Being of all future Parliaments imprisoning abusing arraigning condemning and executing our late King against the Votes Faith and Engagements of both Houses and dis-inheriting His posterity usurping the Regall Parliamentall Magistraticall and Ecclesiasticall power of the Kingdom to their Generall-Councell of Officers of the Army as the supreme swaying Authority of the Kingdom and aâ—…empting to alter and subvert the ancient Government Parliaments Laws and Customs of our Realm And upon serious consideration of the ordinary unsufferable Assertions of their Officers and Souldiers uttered in most places where they Quarter and to my self in particular sundry times * That the whole Kingdom with all our Lands Houses Goods and whatsoever we have is theirs and that by right of Conquest they having twice conquered the Kingdom That we are but their conquered slaves and Vassals and they the Lords and Heads of the Kingdom That our very lives are at their mercy and courtesie That when they have got ten all we have from us by Taxes and Free-quarter and we have nothing left to pay them then themselves will seiâ—…e â—…pon our Lands as their own and turn us and our Families out of doors That there is now no Law in England nor never was iâ—… we beleeve their lying Oracle Peters but the Sword with many such like vapouring Speeches and discourses of which there are thousands of witnesses I can neither in Conscience Law nor Prudence assent unto much less contribute in the least degree for their present maintenance or future continuance thus to insult inslave and tyrannize over King Kingdom Parliament People at their pleasure like their conquered Vassals And for me in particular to contribute to the maintenance of those who against the Law of the Land the priviledges of Parliament and liberty of the Subject pulled me forcibly from the Commons House and kept me prisoner about two months space under their Martiall to my great expence and prejudice without any particular cause pretended or assigned only for discharging my duty to the Kingdom and those for whom I served in the House without giving me the least reparation for this unparallell'd injustice or acknowledging their offence and yet detain some of my then fellow-Members under custodie by the meer power of the Sword without bringing them to Triall would be not only absurd unreasonable and a tacit justification of this their horrid violence and breach of priviledg but monstrous unnaturall perfidious against my Oath and Covenant 2. No Tax ought to be imposed on the Kingdom in Parliament it self but in case of necessity for the common good as is clear by the Stat. of 25 E. 1. c. 6. Cooks 2 Instit. p. 528. Now it is evident to me that there is no necessity of keeping up this Army for the Kingdoms common Good but rather a necessity of disbanding it or the greatest part of it for these reasons 1. Because the Kingdom is generally exhausted with the late 7 years Wars Plunders and heavy Taxes there being more moneyes levied on it by both sides during these eight last yeares then in all the Kings Reigns since the Conquest as will appear upon a just computation all Counties being thereby utterly unable to pay it 2. In regard of the great decay of Trade the extraordinary dearth of cattell corn and provisions of all sorts the charge of relieving a multitude of poor people who starve with famine in many places the richer sort eaten out by Taxes and Free-quarter being utterly unable to relieve them To which I might adde the multitude of maimed Souldiers with the widows and children of those who have lost their lives in the Wars which is very costly 3. This heavie Contribution to support the Army destroies all Trade by fore-stalling and engrossing most of the Monies of the Kingdom the sinews and life of Trade wasting the provisions of the Kingdom and enhancing their prices keeping many thousands of able men and horses idle only to consume other labouring mens provisions estates and the publick Treasure of the Kingdom when as their employment in their Trades and callings might much advance trading and enrich the Kingdom 4. There is now no visible Enemy in the field or Garrisons and the sitting Members boast there is no fear from any abroad their Navie being so Victorious And why such a vast Army should be still continued in the Kingdom to increase its debts and payments when charged with so many great Arrears and Debts already eat up the Country with Taxes and Free-quarter only to play drink whore steale rob murther quarrell fight with impeach and shoot one another to death as Traitors Rebels and Enemies to the Kingdom and Peoples Liberties as now the Levellers and Cromwellists doe for want of other imployments and this for the publick Good transcends my understanding 5. When the King had two great Armies in the Field and many Garisons in the Kingdom this whole Army by its primitive Establishment consisted but of twenty two thousand Horse Dragoons and Foot and had an Establishment only of about Fortie five thousand pounds a month for their pay which both Houses then thought sufficient as is evident by their (o) Ordinances of Febr. 15. 1644. and April 4. 1646. And when the Army was much increased without their Order sixty thousand pounds a month was thought abundantly sufficient by the Officers