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A91207 A legal vindication of the liberties of England, against illegal taxes and pretended Acts of Parliament, lately enforced on the people: or, Reasons assigned by William Prynne of Swainswick in the county of Sommerset, esquire, why he can neither in conscience, law, nor prudence, submit to the new illegal tax or contribution of ninety thousand pounds the month; imposed on the kingdom by a pretended Act of some Commons in (or rather out of) Parliament, April 7 1649. (when this was first penned and printed,) nor to the one hundred thousand pound per mensem, newly laid upon England, Scotland and Ireland, Jan. 26. 1659 by a fragment of the old Commons House, ... Prynne, William, 1600-1669. 1660 (1660) Wing P3998; Thomason E772_4; ESTC R207282 74,956 90

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him secluding all the rest by armed power make themselves an absolute standing Parliament for him his heirs and successors by vertue of this act than those few Commons sitting since his tryal death do or can do 6. The last clause of this act And that all and every ●●ing or things 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 stiled 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 void and of none effect by restoring him to his life again Therefore the dissolution of the Parl. by the Kings death is cleerly out of the words and intentions of this Act especially so many years after its Enacting 7. This present Parl. every Member thereof being specially summoned by the Kings Writ by the particular name of CAROLVS REX not REX in general only to be His Parliament and Council and to confer personally with Him of the great and urgent affairs concerning Him and His Kingdom not his Heirs and Successors and these Writs and the Elections upon them returned unto Him and His Court by Indentures 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 absurdity and absolute impossibility to assert that the King or both Houses intended by this Act to continue this Parliament in being after the Kings beheading or death unlesse they that maintain this paradox be able to inform me and those now sitting how they can confer and advice with a dead beheaded King of things concerning Him and His Kingdom and that even after they have abjured his Heirs and Successors and Royal line and extirpated Monarchy it self and made it Treason to assert or revive it and how they can continue still His Parliament and Council 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 do 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 actual and legal dissolution by it must needs be illegal and meerly void in Law to all intents because not granted nor imposed in but totally 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 than 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 yea the whole 3. Kingdoms of England Scotland and Ireland as they now presume and then levy it by an Army or force of Armes to the peoples infinite endlesse oppression and undoing This is my first and principal exception against the Legality of this Tax and others they shall impose which I desire the Imposers and Levyers of it most seriously to consider and challenge them all to Answer if they can for our 3. Kingdoms present and posterities satisfaction by other Arguments than Imprisonments close Imprisonments Pistols Swords and armed violence and that upon these important considerations from their own late Declarations First themselves in their own Declaration of the 9th of February 1648. have protested to the whole Kingdom That they are fully resolved to maintain and shall and will uphold preserve and keep the fundamental Laws of this Nation for and concerning the preservation of the Lives Properties and Liberties of the people with all things incident thereunto Which how it will stand with the former and this new Tax imposed by them out of Parliament or in a thin House under force or their Act concerning New Treasons I desire they would satisfie the Kingdom before they levy the one or proceed upon the other against any of their fellow-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 1. To procure the well-being of those whom they serve to renounce oppression arbitrary power and all opposition to the Peace and Freedom of the Nation And to prevent to their power the reviving of Tyranny Injustice and all former evils the only end and duty of all their Labours to the satisfaction of all concerned in it 2. They charge the late King for exeeeding all his Predeoeessors in the destruction of those whom he was bound to preserve To manifest which they instance in The Loans unlawfull Imprisonments and othec Oppressions which produced that excellent Law of the Petition of Right which were most of them again acted presently after the Law made against them which was most palpably broken by him almost in every part of it very soon after his Solemn Consent given unto it 1 His imprisoning and prosecuting Members of Parliament for opposing His unlawfull Will and of divers 2 worthy Merchants for refusing to pay Tonnage and Poundage because not granted by Parliament yet 3 exacted by HIM expresly against Law punishment of many 4 good Patriots for not submitting to whatsoever he pleased to demand though never so much in breach of the known Law The multitude of Projects and Mouopolies established by Him His design and charge to bring in 5 German-Horse to awe us into slavery and his hopes of compleating all by His grand project of 6 Ship-mony to subject every mans Estate to whatsoever Proportion He pleaseth to impose upon them But above all the English Army was laboured by the King to be engaged against the English Parliament A thing of that 7 strange impiety and unnaturalness for the King of England to sheath their swords in one anothers bowels that nothing can answer it but his own being a Foreiner neither could it have easily purchased belief but by his succeeding visible actions in full pursuance of the same As the Kings coming in person to the 8 House of Commons to seise the five Members whither he was followed 9 with some hundreds of unworthy debauched persons armed with Swords and Pistols and other Arms and they attending at the Door of the House ready to execute whatsoever their Leader should command them The oppressions of the Council-Table Star-Chamber High-Commission Court-Martial Wardships Purveyances Afforestations and many others of like nature equalled if not far exceeded now by sundry arbitrary Committees and Sub-Committee to name no
conceit to the contrary till they be setled in the Throne in peace upon just and honourable terms and invested in their just possessions Which were far more safe honourable just prudent and Christian for our whole 3. Kingdoms voluntarily and speedily to do themselves than to be forced to it at last by any forein Forces the sad consequences whereof we may easily conjecture and have cause enough to fear if we now delay it or still contribute to maintain Armies to oppose their Titles and protect the Invaders of them from publick Justice And therefore I can neither in conscience piety nor prudence ensnare my self in the guilt of all these dangerous treasonable consequences by any submission to this illegal Tax Upon all these weighty Reasons and serious grounds of Conscience Law Prudence which I humbly submit to the Consciences and Judgements of all conscientious and judicious persons whom they do or shall concern I am resolved by the Assistance and strength of the 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 t●e ruine of my greatest Enemies and Opposers to oppugn these unlawfull Contributions and the payment of them o● the uttermost in all just and lawfull waies I may And if any will forcibly levy them by distresse or otherwise without and against all Law or Right as Theeves and Robbers take mens Goods and Purses let them do it at their own umost peril being declared all Traytors and to be proceeded against capitally as Traytors by the Junctoes own late Knack and Declaration However though I suffer at present yet I trust God and men will in due time do me justice upon them and award me recompence for all injuries in this kind or any sufferings for my Countries Liberties However fall back fall edge I would ten thousand times rather lose my Life Libertie and all that I have to keep a good Conscience and preserve my own and my Countries native Liberty than to part with one farthing or gain the whole World with the losse of either of them and rather dye a Martyr for our Antient Kingdom than live a Slave under any New Republick or remnant of a broken dismembred strange Antiparliamental House of Commons without King Lords or the major part of the Knights Citizens and Burgesses of the Realm in being subject to their illegal Taxes and what they call Acts of Parliament which in reality are no Acts at all to bind me or any other Subject in point of Conscience or Prudence to obedience or just punishment for Non-obedience thereunto or Non-conformity to what they style the present Government of the Armies modeling and I fear of the Popes Spaniards Campanellaes Father Parsons and other Jesuites suggesting to effect our Kings Kingdoms and Religions ruine as I have * elsewhere clearly evidenced beyond all contradiction Psalm 26. 4 5. I have not sate with vain Persons neither will I go in with Dissemblers I have hated the Congregation of evil Doers and will not sit with the wicked WILLIAM PRYNNE SWAINSWICK June 16. 1649. FINIS A POSTSCRIPT SInce the drawing up of the precedent Reasons I have met with a printed Pamphlet intituled An Epistle written the 8th day of June 1649. by Lieut. Colonel John Lilbourn to Mr. William Lenthal Speaker to the remainder of those few Knights Citizens and Burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster as most fit for his and his Masters designe● to serve their ambitious and tyrannical ends to destroy the good old Laws Liberties and Customes 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 style themselves The Conservators of the peace of England or the Parliament of England intrusted and authorised 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 hu●dred or thousand part of them authorised Thomas Pride with his Regiment of Souldiers to chuse them a Parliament as indeed he hath de facto done by his PRETENDED MOCK-PARLIAM●NT and therefore it cannot properly be called the Nations or Peoples Parliame●t but Col. Prides and his Associates whose really it is who although they have beheaded the King for a Tyrant yet walk in his oppressi●g●st steps if not worse and higher This is the Title of his Epistle In this Epistle this late great champion of the House of Commons and fitting Junctoes Supremacy both before and since the Kings beheading who with his Brother a a His Petition and Appeal his Arrow of Defiance See Mr. Edwards Gangrena 3. part p. 154. f. 204. See My 〈…〉 for the 〈…〉 to 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 formal and legal 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 Personal Treaty as he and they print and boast in b● this Epistle and other late Papers Pag. 11 29 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 c Pag. 34 35. 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 immediately before their late march to London to purge the House and after at White-hall commonly style themselves the pretended Parliament even before the Kings beheading A MOCK PARLIAMENT a MOCK POWER a PRETENDED PARLIAMENT and 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 real 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
post facto assent to some particulars against my knowledge judgement conscience Oaths of Supremacy Allegiance P●otestation and Solemn League and Covenant taken in the presence of God himself with a sincere heart and real intention to perform the same and persevere therein all the dayes 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 Judgements of all now sitting that know any thing of Parliaments and the whole Kingdom if they durst speak their Knowledge know and believe 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 lawfull authority to violate the Privileges Rights Freedoms 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 erect new Arbitrary Courts of War and Justice to arraign condemn execute the King himself with the Peers and Commons of this Realm by a new kind of Martial law contrary to Magna Carta the Petition of Right and Law of the Land dis-inherit the Kings posterity of the Crown extirpate Monarchy and the whole House of Peers change and subvert the antient Government Seals Laws Writs legal proceedings Courts and coin of the Kingdom sell and dispose of all the Lands Revenues Jewels Goods of the Crown 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 verie Oath of Allegiance notwithstanding this expresse clause in it which I desire may be seriously and conscienciously considered by all who have sworn it I do believe and in Conscience am resolved that neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full authoritie to be lawfully ministred unto me and do renounce all pardons and dispensations to the contrary and to dispence with our Protestations Solemn League and Covenant so lately and * zealously urged and injoyned by both Houses on Members Officers Ministers and all sorts of People throughout the Realm to 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 legal cause or trial to make what new Acts Laws and reverse what old ones they think meet to insnare inthrall our Consciences Estates Liberties Lives to create new monstrous Treasons never heard of in the world before and declare real Treasons against King Kingdom Parliament to be no Treasons and Loyalty Allegiance due Obedience to our known Laws and consciencious observing of our Oaths and Covenants the breach whereof would render us actual Traytors and perjurious Persons to be no lesse than 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 Lives to the Gallows 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 Ed. 3. c. 4. 28 Ed. 3. c. 3. 37. E. 3. c. 18. 42 E. 3. c. 3. 25 Ed. 3. c. 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 Caroli the Statutes made in the begining of the Parliament 16 Caroli c. 1 7 8 10 12 14 20. 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 and others invasions raise 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 and on Scotland and Ireland too which no English Parliament ever did before as often and as long as they please to support their own encroached more then Regal Parliamental Super-transcendent Arbitrary power over us and all that is ours or the Kingdoms at our private and the publick charge against our wills judgements consciences to our absolute enslaving and our three Kingdoms ruine by engaging them one against another in new Civil wars and exposing us for a prey to our Forein Enemies All which with other particulars lately acted and avowed by the Imposers of this Tax and sundry others since by colour of that pretended Parliamentary Authority by which they have imposed it I must necessarily admit acknowledge to be just and legal by my voluntary payment of it on purpose to maintain an Army to justifie and make good all this by the meer power of the Sword which they can no waies justifie and defend by the Laws of God or the Realm or the least colour of reason justice honesty religion conscience before any Tribunal of God or Men when legally arraigned as they may one day be Neither of which I can or dare acknowledge without incurring the guilt of most detestable Perjury and highest Treason against King Kingdom Parliament Laws and Liberties of the people and therefore cannot yield to this Assesment Thirdly the principal ends and uses proposed in the pr●tended Acts and Warrants thereupon for payment of this Tax and other Taxes since are strong obligations to me in point of Coùscience Law Prudence to withstand it which I shall particularly discusse The First is the maintenante and continuance of the pr●sent Army and Forces in England under the Lord Fairfax Cromwell and other Commanders since To which I say First as I shall with all readinesse gratitude and due respect acknowledge 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 faithfulnesse 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 Privileges Members and Proceedings of the late and being of
and Burgesses and levying of their wages being only PARLIAMENTUM NOSTRUM the Kings Parliament that is dead not his Heirs and Successors and the Lords and Commons being all summoned and authorized by it to come to OUR PARLIAMENT there to be personally present and confer with US NOBISCUM not Our Heirs and Successors of the weighty and urgent affairs that concerned NOS US and OUR KINGDOM of England and Knights and Burgesses receiving their wages for Nuper ad NOS ad PARLIAMENTVM NOSTRUM veniendo c. quod sommoneri FECINUS ad tractandum ibidem super diversis arduis Negotiis NOS Statum REGNI NOSTRI t●ngentibus as the tenor of the d Writs for their wages determines The King being dead and his Writs and Authority by which they were summoned with the ends for which they were called to conferre with US about US and OUR KINGDOMS affairs c. being thereby absolutely determined without any hopes of revival the Parliament it self must thereupon absolutely be determined likewise especially to those who have disinherited HIS HEIRS and SUCCESSORS and voted down our Monarchy it self and they with all other Members of Parliament cease to be any longer Members of it being made onely such by the Kings abated Writ even as all Judges Justices of peace and Sheriffs made only by the Kings Writs or Commissions not by his 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 Our Judges Justices and Sheriffs no longer to preserve OUR Peace c. no more than a wife can be her deceased Husbands Wife and bound to his obedience from which she was loosed to 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 extends to Members of Parliament as to Judges Justices and Sheriffs as is agreed in 4 E. 4. f. 43 44. and Brook 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 only private men their Parliamentary Authority expiring with the King it must needs be illegal and contrary to all the forecited 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 as the Impeachments against them evidence drawnup by some now acting 2. Admit the late Parliament still in being yet the House of Peers Earls and Barons of the Realm were no wayes privy nor consenting to this Tax imposed without yea against their consents in direct affront of their * most antient undubitable Parliamentary Right and Privileges these Taxmasters 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 House 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 than the Man in the Moon or the Convocation Anno 1640. after the Parliament dissolved as is evident by the expresse words of the fore-cited Acts the Petition of Right it self the Acts for the Triennial Parliament and against the proroguing or dissolving this Parliament 16 Car. c. 1 7. 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 constitutive M●mbers of our h antient Parliaments which consisted of the King Spiritual and Temporal 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 till after the beginning of King E. 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 to them to redress their grievances and enact new Laws till long after R. the seconds time as our Parliament Rolls and the printed Prologues to the Statutes of 1 4 5 9 10 20 23 36 37. and 50 Edw. 3. 1 Rich 3. 1 2 4 5 7 9 11 13 Hen. 4. 1 2 3 4 8 9 Hen. 5. 1 2 3 4 6 8 9 10 11 14 15 29 28 29. 39 Hen. 6. 1 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 SPIRITUAL and TEMPORAL and at THE SPECIAL INSTANCE and REQUEST OF THE COMMONS OF THE REALM BY THEIR PETITIONS put in the said Parliament as some Prologues have it Our Lord the King hath caused to be ordained or ordained certain STATVTES c. Where the advising and assenting to Laws is appropriated to the Lords the ordaining of them to the King and nothing but the requesting of and petitioning for them to the Commons and that both from King and Lords in whom the Legislative power principally and before 49 H. 3. originally and solely resided as is manifest by the printed Prologue to the Statute of Merton 20 Hen. 3. The Statute of Mortemain 7 E. 1. 31 E. 1. De Asportatis Religiosorum the Statute of Sheriffs 9 Ed. 2. and of the Templers 17 Ed. 2. to cite no more Therefore this Tax imposed by the Commons alone without King or Lords must needs be void illegal and no wayes 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 of it without King or Lords which they never once did or pretended to in any age yet this Act and Tax can be no waies 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 and their Confederates in the House who having presumed by mere force and armed power against Law and without President to seclude the major part of the House at least eight parts of ten who by Law and Custom are the House it self from sitting or voting with them contrary to the Freedom and Privileges of Parliament readmitting none but upon their own terms of renouncing their own forme Votes touching the Kings
House door above eight hours together the City-Guards there present nor the City relieving them by reason whereof the House was forced to Vote what that rude multitude would demand and then adjourned the House till the next morning After which the House rising the Speaker and many Members going out of the House they 3 forc'd them back again into the House Many of the Apprentices pressing in with them where they stood with their hats on their heads and compelled the Speaker to take the Chair and the House to vote in their presence what they pleased committing many other insolencies as is published by the Speaker of the House of Commons in his Declaration and is too well known by all then present and during the time of this execrable violence done by the said Apprentices 4 Westminster Hall and the Palace yard was fill'd with Reformadoes and other ill-affected persons designed to back them After this the Houses being adjourned till Friday following upon the Thursday the Apprentices printed and posted a paper in several places of the City requiring all their fellows to be early at the Parliament the next morning for that they intended to adjourn by seven of the clock and that for a Moneth Thus the Speakrs 5 with many of the Members of both Houses were driven away from the Parliament These things being seriously considered by us we have thought fit in the name of the Army to declare that all such Members of either House of Parliament as are already with the Army for the security of their persons and for the ends aforesaid are forced to absent themselves from Westminster that 5 we shall hold and esteem them as persons in whom the publick trust of the Kingdom is still remaining though they cannot for the present sit as a Parliament with freedom and safety at Westminster and by whose advice and counsels we desire to govern our selves in the managing these weighty affairs and to that end we * invite them to make repair to this Army to joyn with us in this great cause we being resolved and do hereby faithfully oblige our selves to stand by them therein and to live and die with them against all Opposition whatsoever And in particular we do hold our selves bound to own that honorable act of the Speaker of the House of Commons who upon the grounds he himself expressed in his Declaration sent unto us hath actually withdrawn himself and hereupon we do further 6 ingage to use our utmost speedy endeavours that he and those Members of either House that are thus inforced away from their attendance at Westminster may with freedom and security sit there and again discharge their trust as a free and a legal Parliament and in the mean time we do declare against that late choice of a new Speaker by some Gentlemen at Westminster as 7 contrary to all right Reason Law and Custom and we professs our selves to be 8 most clearly satisfied in all our Judgements and are also confident the Kingdom will herein concur with us that as things now stand there is no free nor legal Parliament sitting being through the aforesaid violence at present suspended And 9 that the Drders Votes or Resolutions forced from the Houses on Monday the 26. of July last as also all such as shall passe in this Assembly of some few Lords and Gentlemen at Westminster under what pretence and colour soever are unto and null and ought Hot to be submitted unto by the free-born Subjects of England And that we may prevent that slavery designed upon us and the Nation that the Kingdom may be restored to a happy State of a visible Government now eclipsed and darkened we hold our selves bound by our duty to God and the Kingdom to bring to condign punishment the Authors and Promoters of that * unparalleld violence done to the Parliament and in that to all the free-born Subjects of England that are or hereafter shall be and therefore we are resolved to march up towards London where we do expect that the well-affected people of that City will deliver up unto us or otherwise put into safe Custody so as they may be reserved to a legal Trial the 10 eleven impeached Members that have again thrust themselves into the management of publick affairs by this wicked design And that all others will give us such assistance therein 11 that the Members of both Houses may receive due incouragement to return to Westminster there to sit with all freedom and so to perform their trust as shall condues to the settlement of this distracted Kingdom and to inflict such punishments upon these late Offenders as shall deter any for the future to make the like attempt Our lives have not been dear unto us for the publick good and being now resolved by the assistance of God to 12 bring these Delinquents to their deserved punishments as that than which there cannot be any thing of more publick concernment to the Kingdom we trust if it shall come to that our bloud shall not be accounted too dear a price for the accomplishment of it And if any in the City will ingage themselves against us to protect these Persons and so put the Kingdom again into a new and miserable War The bloud must be laid to the account of such persons as are the Authors thereof It is our chief aim to settle Peace with Truth and Righteousnesse throughout the Kingdom that none may be oppressed in his just freedom and Liberties 13 much lesse the Parliament it self which things being duly setled we shall be as ready also to assure unto the King his just Rights and Authority as any that pretend it never so much for the better upholding of an ill cause and the countenance of tumultuous violence against the Parliament the which our honest just and necessary undertakings as we are resolved to pursue with the utmost hazzard of our lives and fortunes so we doubt not but we shall find Gods accustomed goodnesse and assistance with us therein till we have brought them to a good and happy conclusion for this poor distracted languishing Kingdom 5ly By the Ordinance of both Houses eagerly promoted by all the fugitive Members engaging with the Army and now sitting as well as others remaining who condemned and passed Votes against the Apprentiees tumult during their absence and never countenanced it in the least degree as * some scandalously and falsly suggest Die Veneris 20 Aug. 1647. An Ordinance for declaring all Votes Orders and Ordinances passed in One or Both Houses since the force on Both Houses July 26. until the 6. of this present August 1647. to be Null and Voyd WHereas there was a visible horrid insolent and actual Force upon the Parliament on Monday the 26. of July last Whereupon the Speakers and * many Members of Both Houses of Parliament were forced to absent themselves from the
of mony must of necessity be speedilie advanced and procured for the relief of his Majesties Army and People not his Heirs or Successors in the Northern parts c. And for supplie 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 untill such obstacles be first removed which are occasioned by Fears Iealousies and Apprehensions of divers of his Majesties Royal Subjects that the Parliament may be adjourned prorogued or dissolved not by the Kings sodain or untimelie death of which there was then no fear jealousie or apprehension in any his Majesties loyal Subjects but by his royal Prerogative and advice of ill Counsellors before Justice shall be duly executed upon Delinquents then in being not sprung up since publique Grievances then complained of not others introduced since this Act redressed a firm peace betwixt the two Kingdoms of England and Scotland concluded and before sufficient provisions be made for the repayment of the said Monies not others since borrowed so to be raised All which the Commons in this present Parliament assembled having duly considered do therefore humbly beseech your Majestie that it may be declared and enacted c. All which expressions related TO HIS late Majestie onlie not to his Heirs and Successors and the principal scope of this Act being to gain present credit to raise monies to disband the Scotish and English armies then lying upon the Kingdom manie years since accomplished yea Justice being since executed upon Strafford Canterbury and other Delinquents then impeached the publick Grievances they complained of as the Star-Chamber High-Commission Ship-mony Tonnage and Poundage Fines for Knighthood Bishops Votes in Parliament with their Courts and Jurisdictions and the like redressed by Acts soon after passed a firm peace between both Nations concluded before the Wars began and this preamble's pretensions for this Act all fullie satisfied divers years before the Kings 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 all fully 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 and Commons in this present Parliament assembled and 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 thereof be prorogued or adjourned unless 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 unlesse 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 Parliament 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 terminis acknowledge together with his Negative Voyce to Bills 4ly That it was neither the Kings intention in passing this Act to shut himself out of Parliament or create both or either House 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 Kings Lords or Commons meaning by this Act to set up a Parliament only 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 lesse 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 assent 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 greater and that by their inferiours in all kinds a Fragment of the Commons House who can pretend no colour of Jurisdiction over them before whom they alwaies 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 perpetual Parliament and intail it upon them their heirs or successors for ever by this act which would cross and repeal the Act for triennial Parliaments 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 Preamble were accomplished and setled as the Preamble and these oft repeated words any time or times during the continuance of this present Parliament concludes 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 Majesties present and urgent occasions in the Preamble manifest Therefore this Act can no waies continue it a Parliament after the Kings beheading much lesse after the forcible exclusion both of the King and Lords House and majority of the Commons out of Parliament by those now sitting contrary to the very letter and provision of this act by which device the King alone had he conquered and cut off or secluded by his forces the Lords and Commons Houses from sitting might with much more colour have made himself an absolute Parliament to impose what Taxes and Laws he pleased on the people without Lords or Commons or any 40. of the Commons House or any 7. or 8. Lords concurring with
Gen. Monk by a Vote of their Council of State at Whitehall afterwards ratisied by a Vote at Westminster when executed the 9. of this instant February to march with all his Forces into the City of London to seize and imprison 2. of their Aldermen and sundry of their Common-Council men in the Tower to pull down and destroy the Gates and Portcullesses of the City To discontinue null and void the Common-Council of the City of London for this year by ordering a Bill for the choice of another Common-Council with such Qualifications as the Juncto shall think fit which was accordingly executed and then ratified and approved by their Votes and by commanding him afterwards to demand the City Arms to disarm them by force if they deliver them not upon demands s and all because the Common-Council upon a Petition of the Citizens and Remonstrance of the Gentlemen Ministers and Freeholders of Warwickshire and other Counties Febr. 8. voted and resolved That no Person or Persons whatsoever might impose any Laws or Taxes upon the City and Citizens untill the Authority thereof be derived from their Representatives in a full and free Parliament And all this without and before the least hearing or examination of the City and Common-Council a Tyranny Indignity Dishonour and Ingratitude not to be paralleld and never offered in any age to the City and Citizens before by any of our Kings for the highest Treasons against them at least before hearing and convicti●● much lesse only for demanding and claiming the benefit of those Fundamental Laws and Privileges for whose defence they had so lately expended so many Millions of Treasure and Thousands of their lives to defend them according to these their fresh Declarations and Acts encouraging them thereunto and that after all their former Obligations and Indearments to the City upon all occasions and the beheaded Kings free Confirmation of all their former Charters Liberties Privileges Militia and enlargements of the same at the Treaty in the Isle of Wight notwithstanding their taking up Armes against him in the Parliaments defence may now justly irritate and engage the City of London and all other Cities Boroughs Corporations and Counties of this Realm unanimously to oppose the present and all other Taxes and Excises whatsoever imposed on them by these Oppressors and put their own Act in vigorous execution against them as the worst of Tyrants and Invaders of their Liberties Thirdly Both Houses of Parliament joyntly and the House of Commons severally in the late Parliament with the approbation of all and consent of most now sitting did in sundry ¶ Romonstrances and Declarations published to the Kingdom not only Tax the King and his evil Counsellors for imposing illegal Taxes on the Subjects contrary to the forecited Acts the maintenance whereof against all future violations and invasions of the Peoples Liberties and Properties they made one principal ground of our late bloody expensive war but likewise professed * That they were specially chosen and intrusted by the Kingdom in Parliament and owned it as their duty to hazzard their own lives and estates for preservation of those Laws and Liberties and use their best endeavours that the meanest of the Commonalty MIGHT ENJOY THEM AS THEIR BIRTH-RIGHTS as well as the greatest Subject That every honest man especially those who have taken the late Protestation and Solemn League and Covenant since is bound to defend the Laws and Liberties of the kingdom against Will and Power which imposed what payments they thought fit to drain the Subjects Purses and supply those Necessities which their ill Counsel had brought upon the King and Kingdom And that they would be ready to live and dye with those worthy and true-hearted Patriots of the Gentry of this Nation and others who were ready to lay down their lives and fortunes for the maintenance of their Laws and Liberties with many such like expressions Which must needs engage me a Member of that Parliament and Patriot of my Country with all my strength and power to oppose this injurious Tax imposed out of Parliament though with the hazard of my life and fortunes wherein all those late secluded Lords and Members who have joyned in these Remonstrances are engaged by them to second me under pain of being adjudged unworthy for ever hereafter to sit in any Parliament or to be trusted by their Counties and those for whom they served And so much the rather to vindicate the late Houses honour and reputation from those predictions and printed aspersions of the beheaded King now verified as undeniable experimented truths by the Antiparliamentary sitting Juncto * That the maintenance of the Laws Liberties Properties of the People were but only gilded Dissimulations and specious pretences to get power into their own hands thereby to enable them to destroy and subvert both Laws Liberties and Properties at last and not any thing like them to introduce Anarchy Democracy Parity Tyranny in the Highest degree and new forms 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 complyance with them but to enslave and undo themselves and to be at last destroyed Which royal Predictions many complain and all experimentally ●ind too trulie verified by those who now bear rule under the Nam● and visour of the Parliament of England since its dissolution by the Kings decapitation and the Armies imprisoning and seclusion of the Members and Lords who above all others are obliged to disprove them by their Actions as well as Declarations to the people who regard not words but real 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 and now again in their 3. Session after their two sodain and forcible Dissolutions 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 illegal 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 or Custom 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. asserted by Mr. 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. and I have proved at large in my Plea for the Lords and House of Peers As I should admit these to be lawfull Members and their unlawfull void Writs to be good in Law so should I tacitly admit ex
all futur● 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 Regal Parliamental Magistratical and Ecclesiastical power of the Kingdom to their General-Council of Officers of the Army and Anti-Parliamentary Conventicles as the supreme swaying Authority of the Kingdom and attempting to alter and subvert the antient Government Parliaments Laws and Customs of our Realms 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 gotten all we have from us by Taxes and Free-quarter and we have nothing left to pay them then themselves will seize upon 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 if we believe 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 lesse 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 privileges of Parliament and liberty of the Subject pulled me forcibly from the Commons House and kept me Prisoner about 2. months space under their Martial to my great expence and prejudice and since that close Prisoner near 3. whole years in Dunster Taunton and Pendennis Castles and thrice forcibly excluded me and other Members out of the House May 7. and 9. and Decemb. 27. 1659. 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 unparallel'd injustice or acknowledging their offence and yet detain some of my then fellow-Members under custody by the meer power of the Sword without bringing them to Trial would be not ●●ly absurd unreasonable and a tacit justification of this h●rrid violence and breath of Privilege but monstrous unnatural 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 and defence thereof against forein Enemies or Domestique Traytors and Rebels as is clear by the Stat. of 25 E. 1. c. 6. all Acts for Taxes Subsidi●s Tenths Aydes Tonnage and Poundage 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 whole Kingdom with Scotland and Ireland are generally exhausted by the late 18. years Wars Plunders and heavy Taxes there being more monies levyed on it by both sides during these 18. last years than 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 cattel 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. The heavie Contributions to support the Army which destroy all Trade by fore-stalling engrossing most of the Monies of the Kingdoms and enhancing their prices keeping many thousands of able men and horses idle only like moths and locusts to consume other labouring mens provisions estates and the publick Treasure of the Kingdoms when as their employment in their Trades and Callings might much advance trading and enrich the Kingdoms 4. There is now no visible Enemy in the field or elsewhere and the fitting 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 to eat up the Count●y with Taxes and Free-quarter only to play drink whore steal rob murther quarrel fight with impeach and shoot one another to death as Traytors Rebels and Enemies to the Kingdom and Peoples Liberties as of late the Levellers and Cromwellists did when this was written and the Lambardists and Rumpists since 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 Garrisons 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 and Army themselves to disband and reduce all super-numeraries maintain the Established Army and Garrisons and ease the Country of all Free-quarter which Tax hath been constantly pain in all Counties Why then this Tax to the Army should now be raised above the first Establishment when reduced to twenty thousand whereof sundry Regiments are designed for Ireland for which there is thirty thousand pounds a month now enacted beside the sixty for the Army and this for the common good of the Realm and that the Taxes since should be mounted to 120. thousand pounds each month and now again to one hundred thousand pounds for those 6. months for which they have paid in 35. thousand pounds 9. months since before hand only to murther our Protestant Brethren and Allies of Scotland and Holland destroy and oppresse each other and keep up an Anti-Parliamentary Conventicle of Tyrants and Vsurpers to undo enslave and ruine our Kingdoms Parliaments and their Privileges against all their former Oaths Protestations Declarations Covenants is a riddle unto me on rather a Mystery of Iniquity for some mens private ●●●re 〈…〉 than the publick weal 6. The Militias of every County for which there was so great contest in Parliament with the late King and
them and so be a skreen betwixt them and the people with the name of a Parliament and the shadow and imperfect image of Legal and Just Authority to pick their pockets for them by Assesements and Taxations and by their arbitrary and tyrannical Courts and Committees the best of which is now become a perfect Star-chamber High Commission and Councel-board make them their perfect slaves and vessals With much more to this purpose If then their principal admirers who confederated with the Army and those now sitting in all their late proceedings and cryed them up most of any as the Parliament and Supreme Authority of England before at and since the late force upon the House and its violent purgation do thus in print professedly disclaim them for being any real Parliament or House of Commons to make Acts or impose Taxes upon the people or set up High Courts of Justice to try and condemn the King or any Peers or English Preemen the secluded Lord Members Presbyterians Royalists and all others have much more cause and ground to disavow and oppose their usurped Parliamentary authority and illegal Taxes Acts as not made by any true English Parliament but a Mock-Parliament only Fourthly He therein further avets f f Pag. 52. 53. 56. 57. 58. 59. That the death of the King in Law indisputably dissolves this Parliament ipso facto though it had been all the time before never so intire and unquestionable to that very hour That no Necessity can be pretended for the continuance of it the rather because the men that would have it continue so long as they please are those who have created these necessities on purpose that by the colour thereof they may make themselves great and potent That the main end wherfore the Members of the Commons house were chosen and sent thither was To treat and confer with King Charles and the House of Peers about the great Affairs of the Nation c. And therefore are but a third part ot third estate of that Parliament to which they were to come and joyn with and who were legally to make permanent and binding Laws for the people of the Nation And therefore having taken away two of the three Estates that they were chosen on purpose to joyn with to make Laws the end both in reason and law of the peoples trust is ceased for a Minor joyned with a Major for one and the same end cannot play Lord paramount over the Major and then do what it please no more can the Minor of a Major viz. one Estate of three legally or justly destroy two of three without their own assent c. That the House of Commons sitting freely within its limited time in all its splendor of glory without the awe of armed men neither in Law nor in the intention of their Choosers were a Parliament and therefore of themselves alone have no pretence in Law to alter the constitution of Parliaments c. concluding thus For shame let no man be so audaciously or sottishly voyd of Reason as to call Tho. Prides pittiful Juncto A PARLIAMENT especially those that called avowed protested and declared again and again those TO BE NONE that sate at Westminster the 26 27 c. of July 1647. when a few of their Members were scared away to the Army by a few hours tumult of a company of a few disorderly Apprentices And being no representative of the People much less A PARLIAMENT what pretence of Law Reason Justice or Nature can there be for you to alter the constitution of Parliaments and force upon the people the shew of their own Wills lusts and pleasures for laws and Rules of Government made by a PRETENDED EVERLASTING NULLED PARLIAMENT a Councel of State or Star-Chamber and a Councel of War or rather by Fairfax Cromwel and Ireton Now if their own late confederates and creatures argue thus in print against their being and continuing a Parliament their Jurisdiction Proceedings Taxes and arbitrary pleasures should not all others much more do it and joyntly and magnanimously oppose them to the utmost upon the self-same grounds for their own and the publick ease Liberty Safety Settlement and restoring the Rights Priviledges Freedome Splendor of our true English Parliaments Fifthly He there likewise affirms g g P. 53. 54. 59. 41. that those now fiting at Westminster have perverted the ends of their trusts more then ever Strafford did 1. In not ceasing the people of but encreasing their grievances 2. In exhausting their estates to maintain and promote pernicious Designes to the peoples destruction The King did it by a little Shipmony and Monopolies but since they began they have raised and extorted more mony from the People and Nation then half nay all the Kings since the Conquest ever did as particularly 1 By Excise 2 Contributions 3 Sequestrations of lands to an infinite value 4 Fist part 5 Twentyeth part 6 Meal-mony 7 Sale of plundered good 8 Loanes 9 Benevolences 10 Collections upon their fast days 11 New imposittions or customes upon Merchandize 12 Guards maintained upon the charge of private men 13 Fifty Subsidies at one time 14 Compositions with Delinquents to an infinite value 15 Sale of Bishops lands 16 Sale of Dean and Chapters lands and now after the wars are done 17 Sale of Kings Queens Princes Dukes and the rest of the Childrens revenues 18 Sale of their rich goods which cost an infinite sum 19 to conclude all a Taxation of ninety thousand pounds a moneth since that of one hundred and twenty thousand pounds a Moneth and lately of a whole years Tax within three moneths and now of one hundred thousand pound a a moneth for the same six moneths they have payed their Taxes besides Excise Customes Frequent new intollerable Militiaes Payments to increased swa●ms of poor sequestrations Highway money and other charges now all Trade is utterly lost and the three Kingdomes beggar'd and undone and when they have gathered it pretendingly for the Common-wealths use divide it by thousands and ten thousands a piece amongst themselves and wipe their mouths after it like the impudent Harlot as though they had done no evill and then purchase with it publick Lands at smal or trivial values O brave Trustees that have Protested before God and the world again and again in the day of their straits they would never seek themselves and yet besides all this divide all the choicest and profitablest Places of the Kingdome among themselves Therefore when I seriously consider how many in Parliament and elsewhere of their Associates that judge themselves the onely Saints and Godly men upon the earth that have considerable and some of them vast estates of their own inheritance and yet take five hundred one two three four five thousand pounds per annum Salaries and other comings in by their places and that out of the too much exhausted Treasury of the Nation when thousands not onely of the people of the world as they call them but also
m. 24. dorso n 49. E. 3. 18 19. 21. H. 7. 4. Brook Customs 6. 32. * The 1. part of the Parliamentary writs p. 411 to 422. Cooks 4 Instit. 75 76 1 Iac. c. 1 2. Iac c. 3 4. 7 Iac. c. 1. 12 Car. c. 17. Object Answ a See my Plea for the Lords and House of Peers and Historical Collection of the Great Councils and Parliaments and Fundamental Rights Laws and Liberti●● of all English Freemen b Printed by it self and in a Declaration of the Engagements and Remonstrances c. of the General and General Councill of Officers of the Army London 1647 p. 107. 108. 1 Is there not a greater longer force and violence offered to both Houses ever since Dec 1648. by aimed souldiers than that by the unarmed Apprentices but for a few hours 2 How can you dispence with your self to fit since Dec. 6. passing Votes to seclude exclude the Lords your fellow Members and to Tax them at your pleasure not believe them voyd null * Nor yet by those now sitting against the Lords and our forcible exclusion but new votes in justification thereof 3 The Army could not with all their power and menaces inforce the s●cluded Members to Vote against their Judgements Consciences ec 4. 1648. 4 Why hav and do you yet serve the Juncto in a false and Anti-Parliamentary way near as many years more to abuse and deceive them 5 Have you not done it since in the highest degree by High Courts of Justice securing secluding imprisoning banishing disanheriting thousands and imposing Taxes and Excises on them against all our Laws 6 Have you nor conscientiously observed them by secluding ejecting the Lords and your fellow Members by subverting all Rights Privileges of Parliament and Liberties of the Subject 7 Why do you not now much more absent your selves upon the same account 8 If it was so great a crime to lock and keep them in the House Was yea is it not a far worse and g●eater crime in you and your Juncto to lock the Lords and your fellow Members and keep them forcibly o●t of the Houses for so many years till you have passed what new Vores and set up what new Government and imposed what Tixes you please upon them against their wills 9 And is it not a greater breach of ptivilege for you to vote out most of the Members without hearing them 10 The Major Vote therfore Dec. 4. 1648 ought to carry it as well as then 11 Did you not far worse in seeuring ●●cluding imprisoning ejecting the majority of your fellow-Members onely for voting against the minority Dec. 4 12 And can you discharge them by sitting now when the Majority of the Members Lords are secluded and forcibly kept out by your Orders and not permitted to sit with freedome safetie 1 Was not the armea sorce secluding and keeeping away most of the Members since 1648. sar worse than this 2 Why have not the Army-Officers most Members subscribing this Engagement and making and commending this resolution kept this resolution but apostatized from it ever since December 6. 1648. and acted quite contrary to it 3 Therefore now much more by the Members acting and continuing force upon the majority 4 They have been faithlesse more than once or twice to the secluded Members and the Iuncto too since this 5 Did you really perform this Engagement by ordering the Army to secure and seclude the Majority of you● fellow-members and whole House of Lords heret●fore twice of late 6 Have not the Armie most of those s●bseribers since Dec. 6. 1648. laid the greatest reproach 〈◊〉 sorce upon the Nation brought offered greater contempts to the Honour 〈◊〉 esteem Privileges Members of parliament than the Apprentices or the 〈…〉 men in any age 7 Is not this the case of the secluded and excluded Members in respect of their Electors and the Kingdom 8 Is not this the speech and answer of the secluded Lords Commons to the Kingdom and people 9 Is not this the true stile and Character of all th●se since forcibly secluding the Lords and their fellow Members 10 The secluded Lords and Commons now t●ust so too 11 Most Counties now begin to do it for their secluded Members restitution or a New Free Parliament without limitation * Now sitting as a Commoner 1 That on Dec. 6 7. 1648 and since that till now hath been worse longer and more unparalleld 2 And doth it not gainsay the Armies Officers Professions Commissions Protestations Declarations and other Obligations to protect the Parl. and Secluded Lords Commons 3 The force since on the Houses hath effected it 4 Do not the Officers Members deserve to be so served for securing secluding us * The Armies Declaration p. 120 c. wo Is it not Arrse for the Mmy and sitting bloembers to dock up the thors against me Lords and most of the Comisons and to oeep them fut of the houses or sundry years 2 Was not the Armies seising secluding pulling and keeping those out who gave their Votes against their Designs Dec. 6. 1648. shutting them out ever since imprisoning some of them sundry years far worse than this 4 It was far worse to fill them with Soldiers Troopers Dec. 6 7. and since to seelude the most of the Members by force 5 And now six times more of them are driven away by the Army 5 Do not the people esteem the secluded Members su●h and are not they the supreme Authority by the Armies sitting Members own Votes Jan. 4. 1648 * They went not to them till thus ●●●ited 6 And ought not the Army and English Nation thus to engage much more to the now secluded Lords and Members 7 It is usual and legal in the Speakers absence or sicknesse 8 And a●e you not and the Kingdom too now much more convicted of this truth 9 And are not all since Dec. 6. 1648. till now much more null and void for the same reason * Is not yours of Dec. 27. Jan. 5. 1659. far more unparalleld to the Parliament and all the free-born Subjects 10 Much more then now the excluding Members 11 And ought not the Army and ● Monk n●w to do the like 12 Are not the sitting secluders of the Lords and majority of the Commons far greater Delinquents deserving greater punishment 13 Remember and fulfill these Promises now at least to the Parliament King Kingdom which Crosse your Engagements Abjurations of King and Kingship to set up an Utopian Commonwealth * Ne dhams Interest will not but lye * And more since their secluding and securing Dec. 6. 7. 1648. * Therefore all since Dec. 6. till now are void by the self-same reasons * See my P●ea for the Lords p. 371 to 419. * Par in pa●em non habet Imperium vel Jurisdictionem Bracton l. 5. c. 15. f. 412. Object Answ * Exact Collection p. 5 6. ¶ 61.