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A38418 Englands present case stated ... partly occasioned by the late proclamation for the convening of a Parliament ... wherein the arbitrary unparallel'd proceedings of the army and their adherents, since 1641 to this time, their dissolving of all Parliament powers and governments to perpetuate themselves are discussed and discovered ... : as also a declaration to live and die with the generals by authority of Parliament and the city of London in defence of the Parliament, laws, city and nations ... 1659 (1659) Wing E3018; ESTC R21515 8,218 18

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since the first Dissolution of the last Parliament in 1648 or 1653 by the Death of the King secluding and interrupting the remaining Members and some persons deserve to be punished for not Issuing forth Writs according to the said Act in so many years Elapsed 15. Whether we are not far Short of the thrée years if the Act shall be construed to commence from the dissolution of Oliver or Richards last Parliaments who at the passing of the said Act had little hopes or probability to usurp the Regal Legislative Power at least wise were not intended by King Charles or his Parliament to be their Successors in the Execution of the Legislative Power 16. If a Parliament be called according to the Act of 16 Car. then no exceptions or Provisions must be made nor any secluded or excluded from discharging their Trusts in Parliament for being new Christned by the names of Cavaliers Delinquents Boothonians Episcoparians Presbiterians Independents Anabapti●ts Fift-monarchy-men Quakers c. But it must be a Free Parliament indéed and no person to be exempted or expelled but for good and legal cause by Judgement of his Fellow Sumoners and not by a Council of Officers who can hardly hope for pardon from such a Parliament 17. We must not only by the said Act have a House of Commons but also a House of Lords And the King in whose name the Writ must Run and by his Authority the Parliament called ought to come in to make it a Free and compleat Parliament and how shall such a parliament be called without a King and you wil say how shal the King as the case now stands be called without a parliament And so by consequence no Parliament no King no King no free Parliament no Free parliament no Money no Money no Army and at last the Legislative power by Extraordinary providence may revert and devolve it self into the hands of the people the first Donors and legal owners thereof to whom of right it justly belongeth and from whom all the Legislative power originally was still ought to be derived 1. For that the Lord Keepers and Commissioners of the Great Seal who were by the said Act of the 16. Car. to call triennial Parliaments did not issue forth Writs for that purpose 2. The Peers and Nobles did not call a Parliament according to that Act whereby they highly violated the trust therein reposed 3. The Sheriffs violated their trusts who on Default of the persons aforesaid were to Summon the Freeholders and Burgesses to choose their Representatives 4. The people themselves by the said Act on faile made by all the said persons so intrusted were to meet at a certain time therein prefixed to choose their Representatives which they have neglected whereby the tenor and effect of the said Act hath not been observed and put in force so that there have been great neglects and failings in all parties and persons concerned and intrusted by the said Act. Therefore for the reconciling of all Parties composing of all Differences Reformation of all Abuses and what is amiss in Church and State and establishing a firm lasting and righteous Setlement Peace Unity and Amity in the three Nations It is humbly proposed as the best expedient to the present exigencies of the Nation That the Parliament lately interrupted 13 October last be invited incouraged and protected to Sit again being de facto the last remaining authority of the Nation twice intrusted therewith and the three Nations submitting thereunto as the supreme authority from whom all Commissions Millitary and Civil are now derived and all Writs issue by their act in the Name of the Keepers c. and that they doe call in their Fellow Members secluded by the army who have not forfeited their places and freedoms which we submit to the judgement of Parliament and issue forth Writs for the Election of Knights and Burgesses to fill up all vacant places whereby the Nations may be governed by their own Representatives in a full and free Parliament whereunto all persons as well as our selves will most readily submit and acquiesce in their Councels Determinations which we desire may be effectually imployed more particularly for these further ends 1. To establish a righteous Government and an equal Representative and future Succession of parliaments and a prefixed time appointed for the Dissolution of this Parliament 2. To setle countenance and protect a Godly Learned and Orthodox Ministry in the Nations with provision for Liberty of Conscience to others of different opinions and perswasions and such restrictions as may also prevent the disturbance of the Government in Church and State by abusing the liberty so granted unto them 3. To regulate the Laws of the Nation whereby the same may be less chargeable and dilatory to the people then heretofore they were exercised 4. To secure our Lives Liberties Properties Priviledges and immunities by a confirmation of Magna Charta and the petition of right and other Laws such other additional Laws to be made as shall be thought necessary to preserve the Nations from Arbitrarious tyranny and oppression 5. To revive our decayed trade and Navigation and regain our lost credit Peace Traffick and interest with forrein Princes and States 6. To indempnisie and pardon all the Souldiers and such and so many of their Officers and others for their many breaches of trusts and high infringments of the priviledges of Parliament and known Laws of the Nation as may be consistent with the future peace of the Nation and the honor and security of the Parliament against the like attempts for the future 7. To take all possible speedy and effectual course for satisfying the Arrears of the Army other then such as shall be exempted from pardon wherein we submit our selves to their Wisedome Justice and Clemency and that the Nations hereafter may be Governed by the Civil power by their own Representatives eased of their great burthens and taxations and freed from the former oppression and slavery the Nation groaned under the Military and Arbitrary unlimitted powers lately exercised over them 8. That the people of the Nation may be intrusted with their own Arms for the publick defence of the Nation and the Army reduced to such a convenient number as may be useful only for security of the peace of the Nation And that the Parliament would intrust in places of command such persons only as are obedient to authority and behave themselves conformable to the commands of the Parliament and that as much as in them lyeth persons of unstable Fanatick Spirits Enemies to civil Governments and of itching dispositions and principles to change and overturn Governments may not be intrusted with the Arms Garrisons Forts and power of the Nations If these things be not speedily granted and the Lord Whitlock and such of the Army who countenance and imploy him to call a Parliament by pretence of the order of the Committee of Safety whose authority we utterly renounce shall persevere therein after the space of 48 Hours from the publication hereof 1. We do hereby protest against their proceedings therein as arbitrarily unwarrantable and trayterously done without any colour of Law and legal Authority to Delude Insnare and Inslave the free people of this Nation with false pretences of a Free Parliament with an absolute intention in the interim to List and Arm the most Vile Wicked wretched poor sordid Sectaries and Vermines of prey in the Nation 1. To Disarm us 2. To Murther us 3. To possess themselves of our Estates and Fortunes 2. We Declare in case the said Charls Fleetwood Lord Whitlock and Army-Officers or any other persons do continue in their evil purposes aforesaid That we shall not like Dogs bark at or bite the stone viz. the Redcoat But look on the grand Officers Instruments and carriers on of these Trayterous Designs against the Parliament and Nation and post and publish their names with their crimes and punishments to be inflicted on them and shall offer and pay 1000 l. sterling for the HEAD of every such grand Traytor so to be proclaimed and published to any noble Hero that shall venture his life to redeem his Countrey from slavery and bring in the same with an assurance of other Marks of Honour and Reward to all that shall contribute their assistance therein being a legal and warrantable practice when Traytors and Malefactors are become so strong and hardy as to protect themselves by Force against the Power of the ●●ws of the Nation wherein they live 3. We declare against all persons whatsoever that shall presume to Tax Levy Colle●●… 〈…〉 or cause to be Levied or gathered any T●xes ●●●●●…sitions Customs Excise Sum or Sums of Money whatsoever by any pretence or to any use whatsoever other then by Act and authority of Parliament and likewise declare against all persons that shall labour to impose free Quarter on the free people of the Nation without their own consents or the consent of the Representatives of the respective Ciries Tow s and Counties of England in Parliament Assembled And if any shall transgresse herein we shall deem them Traytors by the Known Laws of the Nation by force resist them and apprehend their persons wherby they may be proceeded against as Traytors and Rebells According to the known Laws of the Nation And we doe invite and incourage all the good people of the Nation to joyne with us herein and not to pay them any publique or other moneys remayning in their hands or give obedience to any person or persons that shall require or Demand the same unles by Authority of Parliament And we shall with our lives and fortunes joyne in the protection and defence of each other against the offenders aforesaid in endeavouring the effecting of the matters and things herein before declared for 4. We do further Declare that we shall with our Lives and Fortunes joyn with and assist the Generals by Authority of Parliament particularly the Lord Monck Admiral Lawson Sir Arthur Haslrick Colonel Morley Gol Waulton Lieut. General Ludlow Major General Overton with the City of London Nation in defence of the Parliament City and the Laws and Priviledges thereof and the Rights Priviledges Liberties Freedoms and Proprieties of the Free people of this Nation against all persons whatsoever that shal Declare or Act against the same FINIS