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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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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. 126. 1659. by a 〈◊〉 of the old Commons House secluding the whole House of Lords and Majority of their hellow Members by armed violence against all rules of Law and Parliament Presidents Esay 1. 7. He looked for Judgement but behold Oppression for Righteousnesse but behold a cry Psal. 12. 5. For the Oppression of the Poor for the sighing of the Needy new will I arise saith the Lord and will set him in safety from him that would ensnare him Exod. 6. 5. 6. I have also heard the groaning of the children of Israel whom the Aegyptians keep in bandage and I have remembred my Covenant Wherefore say unto the children of Israel I am the Lord and I will bring you out from under the Burdens of the Aegyptians and I will rid you out of their Bondage and I will redeem you with a stretched out arm and with great Judgements Eccles. 4. 1 2. So I returned and considered all the Oppressions that are done under the Sun and beh●ld the tears of such as were oppressed and they had no comforter and in the hand of their Oppressors there was power but they had no Comforter Wherefore I praised the dead which are already dead more than the living which are yet alive The second Edition enlarged London printed for Edw. Thomas at the Adam and Eve in Little Britain 1660. ERRATA PAge 4. l. 33. to read by p. 8. l. 1. Seclusion l. 29. dele in l. 31. extended p. 41. l. 10. on p. 47. l. 2. only p. 54. l 18. and r. as p. 57. l. 4. it is p. 62. l. 4. obsta p. 71. l. 35. to p. 71. l. 1. resolved l. 8. and r. as p. 79. l. 15. and r. of Margin P. 9. l. 9. 12 r. 17. To the Ingenuous Reader THe Reasons originally inducing and in some sort necessitating me to compile and publish this Legal Vindication against Illegal Taxes and pretended Acts of Parliament imposed on the whole English Nation in the year 1649. by a small remnant of the Commons House sitting under an armed Force abjuring the King and House of Lords and unjustly secluding the Majority of their Fellow-Commoners against the very tenor of the Act of 17 Caroli c. 6. by which they pretended to sit the letter of the Writs by which they were elected and those Indentures by which they were returned Members the Oaths of Supremacy and Allegiance Protestation Solemn National League and Covenant which they all took as Members the very first Act of Parliament made and printed after their first sitting 16 Caroli c. 1. and many hundreds of Declarations Remonstrances Orders Ordinances Votes from Nov. 3. 1640. to Dec. 5. 1648. have constrained me now to reprint it with some necessary and usefull Additions in the year 1659. above ten years after its first Publication Those very Rumpers who on the 7th of April 1649. imposed a Tax of Ninety thousand Pounds the Month on England alone having on the 26. of January 1659. presumed to lay a new Tax of no lesse than One hundred thousand pounds the Month for six Months next ensuing on England Scotland and on Ireland too never taxed in former Ages by intire undubitable English Parliaments when as by their former Order they advanced and paid in before hand a heavy Tax illegally imposed on them by a Protectorian Conventicle during those very Months for which they are now taxed afresh far higher than before though totally exhausted with former incessant Taxes Free-quarter Militia expences Imposts of all sorts and utterly undone for want of Trade and all to keep them in perpetual Bondage under armed Gards and Iron yoaks under pretext of making them a New Free-State and Common-wealth of the Jesuites projection perpetually to subvert our antient hereditary Monarchy Kingdom and true old English * Common-wealth under which we formerly lived and flourished with greater freedom splendor honour peace safety unity and prosperity than we can ever expect under any new Form of Government or Utopian Republick whatsoever our whimsical Innovators can erect When our Parliaments under our antient and late Kings granted any Aydes Subsidies Imposts to supply the publick Necessities as they were alwaies moderate and temporary not exceeding the present Necessities and the Peoples abilities to pay them so they ever received some Acts of Grace and Retribution from our Kings and New Confirmations of their Great Charters and Fundamental Laws and Liberties recorded in our Parliament Rolls and Statutes at large But our New Republicans worse than the old Aegyptian Pharoes and Tax-Masters double our Bricks Taxes yet deny us straw and materials to make or defray them redressing none of all our publick Grievances nor easing us of any unjust burthens or oppressions whatsoever nor indulging any Graces or Favours to us nor yet so much as preserving or confirming our old Grand Charte●s Fundamental Laws Statutes for the preservation of our Lives Liberties Properties Franchises Freeholds but violating them all in a far highe and more presumptuous degree than Strafford Canterbury the Shipmony Judges or any of our Kings whom they brand for Tyrants and that after all our late wars and contests for their defence Upon which account I held it my bounden duty to enlarge and reprint this Vinaication nor out of any Factious or Seditions design but from the impulse of a true Heroick English publike spirit and Zeal to defend my Native Countries undubitable Hereditary Rights against all arbitrary Tyrannical Usurpations and Impostors whatsoever though arrogating to themselves the Title and power of The Parl. of England when their own Judgements Consciences as well as all our antient Statutes Parliament Rolls Laws Judges Law-Books and Treatises of English Parliaments resolve them to be no Parliament at all but an * Anti-Parliamentary Conventicle If I now lose my life as I have formerly done my Liberty Calling and Estate for this publike cause I shall repu●e it the greatest earthly Honour and 〈◊〉 to dye a Ma●●●● for my dying Country to redeem her lost Liberti●s with the losse of my momentary life which will be more i●ksome to me than the 〈◊〉 Death if protracted only to behold those ruines and desolations which some Grandees Tyrannies and Bedlam exorbitances are like speedily to bring upon her unlesse God himself by his Miraculous Provi●●n●●s reflrain their Fury abate their Power and confound their Destructive Des●gns beyond all
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
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
judice to all intents with all Bills Decrees and Proceedings in Chancery or the Rolls and all Judges Justices Sheriffs now acting and Lawyers practising before them in apparent danger of High-treason both against King and Kingdom they neither taking the Oaths of Judges Supremacy or Allegiance as they ought by Law but only to be true and faithful to the new erected State without a King but likewise all votes and proceedings before the pretended House or any of their Committees o●sub-Committees in the Country with all their Grants and Offices Moneys Salaries Sequestrations Sales of Lands or Goods Compositions c. meer Nullities and illegal acts and the proceedings of all active Commissioners Assessors Collectors Treasurers c. and all other Officers imployed to levy and to collect this illegal tax to support that usurped Parliamentary Authority and Army which hath beheaded the late King dis-inherited his undoubted Heir levyed war against and dissolved the late Houses of Parliament subverted the ancient Government of this Realm the constitution and Liberties of our Parliaments the Lawes of the Kingdome with the Liberty and property of the people of England no less than High-treason in all these respects as is fully proved by Sir Edward Cook in his 3 Institutes ch. 1. 2. and by Mr. St. John in his Argument at Law at the attainder of the Earl of Strafford and Declaration and Speech against the ship-mony Judges published by the late Commons House order which I desire all who are thus imployed to consider especially such Commissioners who take upon them to administer a new unlawful Ex-officio Oath to any to survey their Neighbours and their own estates in every parish and return the true values thereof to them upon the new proun'd rate for the 3 last months contribution to fine those who refuse to do it a meer diabolical invention to multiply perjuries to damn mens souls invented by Cardinal Woolsey much enveighed against by Father Latimer in his sermons condemned by the express words of the Petition of Right providing against such Oathes and a snare to enthral the wealtheir sort of people by discovering their estates to subject them to what future taxes they think fit when as the whole House of Commons in no age had any power to administer any Oath in any case whatsoever much lesse then to confer any authority on others to give such illegal Oathes and fine those who refuse them the highest kind of Arbitrary Tyrany both over mens Consciences Properties Liberties to which those who voluntarily submit deserve not only the name of Traytors to their Country but to be m m Exod. 21. 5. 6. boared through the ear and they and their posterities to be made Slaves for ever to these new Tax-masters and their successors and those who are any ways active in imposing or administring such Oaths yea treasonable Oaths of the highest degree abjuring and engaging against King Kingship Kingdome and House of Lords and that with constancy and perseverance against their former Oathes of Homage Fealty Supremacy and Allegiance the Protestation Vow Solemn League and National Covenant the most detestable Perjury and High treason that ever mortal men were guilty of or assistant in imposing assessing collecting and levying illegal taxes by distresse or otherwise may and will undoubtedly smart for it at last not onely by Actions of trespasse false imprisonment Accompt c. brought against them at the Common Law when there will be no Committee of Indempnity to protect them from such suits but likewise by Indictments of High treason to the deserved losse of their Estates Lives and Ruine of their families and that by the Junctoes own Votes and Declaration Octob. 11. 1659. when there will be no Parliament of purged Commoners nor Army to secure nor legal plea to acquit them from the guilt and punishment of Traytors both to their King and Country pretended present forbid fear of imprisonment loss of Liberty Friends Estate Life or the like being no n n See 1. H. 4. Rot. Par. n. 97. excuse in such a case and time as this but an higher aggravation of their crime nor yet to exempt them from Hell it self and everlasting Torments in it for their Perjuries Treasons Oppressions Rebellions and actings against their Consciences out of fear of poor inconsiderable mortals who can but kill the body at most nor yet do that but by Gods permission contrary to the express commands of God himself Ps. 3. 6. Ps. 27. 1. Ps. 56. 11. Ps. 112. 7 8. Isa. 44. 8. c. 51. 7. 12. ler. 1. 8. Ezek. 2. 6. 12. 4. 5. Mat. 10. 28. 1. Pet. 3. 4. Heb. 13. 6. the o o Rev. 21. 8. FEARFUL being the first in that dismal list of Malefactors who shall have their part in the Lake which burneth with fire and brimstone which is the second death even by Christs own sentence JOHN 18. 34. To this end was I born and for this cause came I into the world that I should bear witnesse unto the truth FINIS * See Fortescue de Laudibus Legum Angliae and Sir Thomas Smith De Republica Anglicana 16 Car. c. 1. See Rastal Title Taxes Tallages The Acts for Subsidies of the Clergy and Temporalty * See My Memento to the p●esent Un-Parliamentary Juncto Prynne the Member reconciled to Prynne the Barreste● and True and perfect Narrative May 7. 9. 1659. a See my Humble Remonstrance against Ship-money Jan. 26. 1659. b See 1 E. ● cap. 7. Cook 7. Report 30 31. Dyer 165. 4 Ed. 4. 43 44 1 E. 5. 1 Book Commission 10 21. c Cromptons Jurisdiction of Courts fol. 1. Cook 4. Instit. c. 1. d 5 E. 3. m. 6. part 2. Dors. Claus. Regist. f. 192. 200. e 4 Ed. 4. 44. 1 E. 5. 1. Brook Commissions 19. 21. Officer 25. Dyer 165. Cook 7. Report 30. 31. 1 E. 6. c. 7. Daltons Justice of Peace c. 3. p. 13 Lambert p. 71. * See my Plea for the Lords and House of Peers f 14 R. 2. n. 15. 11 H 4. n. 30. 13 H. 4. n. 25. g 4 H. 7. 18. b. 7 H. 7. 27. Fortescue c. 18. f 20 Dyer 92. B●ook Parliament 76 197. Cooks 4. Institut p. 25. h See the Freeholders grand Inquest My Plea for the Lords The 1 and 2 Part of my Register of Parliamentary Writs and exact Ab. idgement of the Records in ●●e Tower my Historical Collection part 1 2. c. 3. See my Speech Dec. 4. 1648. and a full Declation of the true state of the Case of the Secluded Members i i Cooks 4. Institutes p. 1. 5 R. 2. Stat. 2. c. 4. * Populi Minor pars Populum non obigit Grotius de Jure Belli l. 2. c. 15. sect. 3. Alexander ab Alexandro Gen. dierum l. 4. c. 11. a Declarat Nov. 28. 30. 1648. l 39. Ed. 3. 7. 4. H. 7. 10. Brook Parl. 26. 40. Cook 4. Instit. p. 1. 25 26. 1 Jac. cap. 1. m Claus. 23. E. 1.