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A48068 A letter from Major General Ludlow to Sir E.S. [i.e. Sir Edward Seymour] comparing the tyranny of the first four years of King Charles the martyr, with the tyranny of the four years reign of the late abdicated King : occasioned by the reading Doctor Pelling's lewd harangues upon the 30th of January, being the anniversary or General Madding-day. Ludlow, Edmund, fl. 1691-1692. 1691 (1691) Wing L1489; ESTC R3060 20,681 33

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the same without Act of Parliament is a breach of the fundamental Liberties of the Kingdom and contrary to the King's Answer to the 〈◊〉 of Right However by order of Council he commanded the Customs to be levyed Pursuant thereto the Custom-House Officers seized great quantities of the Goods of Mr. Vassal a Merchant because he refused to pay Customs and an Information being brought in the Exchequer Mr. Vassal pleaded Magna Charta and the Statute de 〈◊〉 non 〈◊〉 c. and that the 〈◊〉 was not 〈◊〉 seu certa 〈◊〉 and that it was imposed without assent of Parliament The Attorny 〈◊〉 having demurred to Mr. 〈◊〉 's Plea and he joyned in demurrer The Barons of the 〈◊〉 〈◊〉 denied to hear Mr. Vassal's Counsel to argue for him and said that the King was in Possession and they would keep him in Possession And shortly after they imprisoned Mr. Vassal for not paying the Customs as he had been before for refusing the Loan The Goods of Mr. John Rolls a Merchant and Member of Parliament and of Mr. Richard Chambers a Merchant being seized for Non-payment of Customs They brought Writs of Replevin to regain the Possession of their Goods but the Barons of the 〈◊〉 sent an Injunction to the Sheriffs of London commanding them not to execute the Writs Also the Warehouse of Mr. Rolls was lock'd up by 〈◊〉 at the time when he was sitting in Parliament Mr. Chambers was likewise prosecuted in the Star-Chamber for saying that the Merchants are in no part of the World 〈◊〉 and 〈◊〉 as in England That in Turkey they have more encouragement For this he was 〈◊〉 2000 〈◊〉 committed to the Fleet and ordered to make Submission which being drawn up and tendred to him he thus like a brave English Man underwrote it All the abovesaid Contents and Submission I do utterly abhor and detest as most unjust and false and never till death will acknowledge any part thereof Rich. Chambers To this he added Wo to them that devise Iniquity because it is in the power of their hand and they covet 〈◊〉 and take them by Violence and Houses and take them away So they 〈◊〉 a Man and his House even a Man and his Heritage Micah 2. 1 2. Now Sir to draw towards a Conclusion I shall observe that no Rank or Order of Men stood clear from the 〈◊〉 of this Tyrant He kept the 〈◊〉 of 〈◊〉 under Confinement near two Years without being charg'd with any Accusation or brought to Tryal or Permitted to answer for himself And upon his Petitioning the Lords to be 〈◊〉 to his Liberty and to his Seat in Parliament and 〈◊〉 an Accusation against the Duke of 〈◊〉 This King upon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for him in Custody as a Delinquent and prosecuted him as such Also He committed the 〈◊〉 of Arundel to the Tower in time of Parliament without expressing any Cause of his 〈◊〉 in Violation of the 〈◊〉 of the 〈◊〉 This 〈◊〉 was long detained a Prisoner though the House of Lords presented a Remonstrance and many Petitions for 〈◊〉 him to Parliament And As he oppressed our best Patriots so 〈◊〉 〈◊〉 and sheltred the grand Enemies of the Commonwealth When the 〈◊〉 in Parliament prosecuted the Duke of 〈◊〉 as the Principal Patron and Supporter of a 〈◊〉 〈◊〉 set on foot to the Danger of the Church and State As a Perso notorious in Evil that all our Evils came by him As the Man who had cast the Body of the Kingdom into an high Consumption The King interposed to rescue 〈◊〉 When the Commons impeach'd him and by one of their Articles charg'd him in effect with the Murder of King James The King told the House of Lords that to approve Buckingham's Innocence he could be a Witness to clear him in every one of the Articles When the Earl of Bristol exhibited Articles to the Lords against the Duke the King took upon himself to become a Witness to accuse the Earl of Traiterous Practices some Years before Notwithstanding nothing grows to abuse but the House of Commons hath Power to treat of it and it hath been their Ancient and Undoubted Right and Usage to question and complain of all Persons of what Degree soever 〈◊〉 grievous to the Commonwealth Whereof there was a noted Instance in 30 Edw. 3. 〈◊〉 When they accused John de Gaunt the King's Son for misleading and misadvising the King and he went to the Tower for it yet our King told the House of Commons that he would not allow any of his Servants to be questioned amongst them much less such as were near him That he saw they aimed at the Duke but assured them he had not intermedled nor done any thing concerning the Publick but by his special Directions He added that he wondred at the foolish Impudence of any Man to think he should be drawn to offer such a Sacrifice He in scorn and defiance of the Parliament procured the Laudean Faction in the University of Cambridge who were gaping for Ecclesiastical Preferment to choose the Duke their Chancellor at the Time when he stood Impeach'd in Parliament He constantly gave interruption to the Parliament when they had the Duke's Offences under Examination not bearing their mentioning his Name and Misdoings And he dissolved three Parliaments when they were intent upon his Prosecution refusing a Petition of the House of Lords against one of those Dissolutions and denying them Access to his Person Upon the Dissolution of his second Parliament he sent Sir Dudly Diggs and Sir John Elliot Prisoners to the Tower to the infringing the undoubted Priviledges of the Commons for managing a Conference with the Lords upon their Impeaching the Duke He in the time of his 3 d. Parliament sent Warrants for sealing up of the Studies of Sir John Elliot Mr. Holles and Mr. Selden and also sent 〈◊〉 to Mr. Holles Sir Miles Hobart Sir John Elliot Sir Peter Hayman John Selden William Coryton Walter Long William Strode and Benjamin Valentine Esqrs all Members to appear before the Privy Council Mr. Holles Sir John Elliot Mr. Coriton and Mr. Valentine appeared and refusing to answer out of Parliament what was said and done in Parliament they were during the Parliament committed close Prisoners to the Tower and a 〈◊〉 was issued for apprehending Mr. Long and Mr. Strode who coming in were committed close Prisoners to the King's Bench And all the rest of the before named Members were committed to several Prisons These imprisoned Gentlemen in Trinity Term following 1629. brought their 〈◊〉 of 〈◊〉 Corpus and were brought to the King's Bench-Count where very learned Arguments were made on their behalf shewing the Illegality of their Imprisonment and being to be brought again upon another day to receive the Judgment of the Court they were by the unpresidented Arbitrary Practices of that time removed and shifted to other Prisons and toss'd from Goal to Goal and by that wicked Artifice as they were imprisoned in notorious Breach of the Priviledge
remind you That both the Tyrants went 〈◊〉 〈◊〉 in their Dealing with Westminster 〈◊〉 It is before remembred That Yours modelled the Courts of Justice till he got Judges to 〈◊〉 his Right to the Dispensing Power but Mine set him the Example for he resolving to subject the Liberties and Estates of the Subject to his Will and Pleasure and finding that the Grave and Learned Judge Sir 〈◊〉 〈◊〉 Lord Chief Justice of the King's-Bench had declared himself against the 〈◊〉 and would not serve the Turn in that Day to give a Judgment That the King might imprison 〈◊〉 〈◊〉 and 〈◊〉 leave the Subject in the Goal and Remediless turned him 〈◊〉 and substituted Sir Nicholas 〈◊〉 in his Room and 〈◊〉 gained his Point For Sir Thomas 〈◊〉 Sir John 〈◊〉 Sir Walter Earl Sir John 〈◊〉 and Sir Edward 〈◊〉 Five of the Gentlemen imprisoned for refusing the Loan brought their Writs of 〈◊〉 〈◊〉 in 〈◊〉 〈◊〉 in the Third Year of this King The Warden of the 〈◊〉 made Return That they were detained in his Custody by the Special Command of the King We had then an 〈◊〉 〈◊〉 Sir Robert Heath little short of your late 〈◊〉 〈◊〉 at the Knack of enslaving the People he 〈◊〉 and justified this 〈◊〉 of 〈◊〉 〈◊〉 no Special Cause was assigned and the Lord Chief 〈◊〉 Hide who was 〈◊〉 on purpose for it did singly as the Practice has also been of late give Judgment for Remanding the 〈◊〉 to Perpetual Imprisonment for that Judgment did in effect declare upon Record That by the King's Command a Subject might be 〈◊〉 〈◊〉 〈◊〉 for ever To the Imposition of the Loan and the many other Grievous Sufferings and Violent Oppressions under which we groaned This King added the Burthen of Billeting Soldiers of whom many were 〈◊〉 they brake out into great 〈◊〉 mastered the People disturbed the 〈◊〉 of Families and the Civil Government To some Places they were 〈◊〉 for a Punishment and where-ever they came there was a General Outcry the 〈◊〉 were 〈◊〉 and the Markets unfrequented they 〈◊〉 a 〈◊〉 to all and 〈◊〉 to many of the People He also towards the End of the Year 1627 issued 〈◊〉 〈◊〉 〈◊〉 under the great Seal to several 〈◊〉 Lords with 〈◊〉 and Loud Bishops of 〈◊〉 and Bath and Wells and others to raise Money by an Excise 〈◊〉 to enforce the Payment and which is very probable to 〈◊〉 the Parliament which was to assemble the seventeenth of 〈◊〉 〈◊〉 ☞ Upon the Thirtieth Day of January 1627 sent a 〈◊〉 〈◊〉 to the Lord Treasurer to this effect We command you forthwith to pay to Philip 〈◊〉 Merchant Thirty thousand Pounds to be paid by him over by Bill of Exchange into the Low 〈◊〉 and Germany unto Sir William Balfoure and John 〈◊〉 〈◊〉 for Levying and Providing certain numbers of 〈◊〉 with Arms for Horse and Foot to be brought over into this Kingdom for our Service c. Burlemark being afterwards called into the House of Commons and examined about this Matter declared That he received the Thirty thousand Pounds That One thousand 〈◊〉 〈◊〉 levyed and those Horses and their Riders 〈◊〉 to come over and Arms were provided for them in Holland but he heard a 〈◊〉 was gone to stay them In this 〈◊〉 third Parliament to which the Extremity of his Affairs brought him much against his Will The 〈◊〉 with sad hearts taking notice of the high Oppressions of the People by heavy and illegal Exactions by false and arbitrary Imprisonments 〈◊〉 and 〈◊〉 upon the strange and dangerous Purpose of bringing in German Horse and Riders to change the Frame both of Religion and Government They found it as necessary as just to vindicate our Ancient Vital Liberties and in order thereto They drew up a Petition of Right thereby 〈◊〉 of the levying of Moneys without Authority of 〈◊〉 Of the Imprisoning the Subject without any Cause shewed and not being delivered by 〈◊〉 Corpus as by 〈◊〉 they ought Of the Subjects being 〈◊〉 to 〈◊〉 Soldiers into their Houses and to 〈◊〉 〈◊〉 against their Wills And of the Excuting Martial Law contrary to the Laws and Statutes of the Realm Whereupon they prayed as 〈◊〉 Rights and Liberties that none should 〈◊〉 be compelled to yield any Gift Loan 〈◊〉 Tax or such like Charge without common Consent by Act of Parliament And that no Freeman should be imprisoned without Cause shewed And that the People might not be burdened with Soldiers in time to come And that no Commission for procceding by Martial Law 〈◊〉 hereafter issue q They further prayed as their Right that the King would declare that the proceedings to the prejudice of the People in any of the Premises should not hereafter be drawn into Example And that in all the things aforesaid All his Officers and Ministers should serve him according to the Laws and Statutes of the Realm This highly necessary and seasonable Petition met with great Interruption and violent Opposition The King urged that it trench'd upon his 〈◊〉 his 〈◊〉 Authority 〈◊〉 Power Sovereign Power c. which imported no less than 〈◊〉 King's being loose and 〈◊〉 from all Ties and Restraints either by 〈◊〉 Stipulations or superadded Laws The great Sir Edward Coke said in answer thereunto 〈◊〉 〈◊〉 is such 〈◊〉 Fellow that he will have no 〈◊〉 Let us not yield a Sovereign Power above all 〈◊〉 Power in Law as the 〈◊〉 Posse Comitatus is taken for a Power with force The King strugled long to shift it off and to avoid the answering this 〈◊〉 in a Parliamentary way pressing them again and again by Messages to rest and rely upon his Royal Word The Commons persisting pursued their Petition and to have it pass into a Law and Sir Edward Coke said Was ever a Verbal Declaration of the King 〈◊〉 〈◊〉 The King must speak by Record and in particulars not in generals All succeeding Kings 〈◊〉 say ye must trust me as well as ye did my Predecessors Let us put up our Petition of Right Not that I distrust the King but that I cannot take his Trust but in a Parliamentary way At length this Petition being unanimously agreed unto by the Lords 〈◊〉 was presented to the King who at first gave a lame and uncertain Answer to it and being press'd to give a direct and plain Answer he 〈◊〉 〈◊〉 word to the House that he would not alter his Answer but he was afterwards brought to do it by the Importunity of the Lords and Commons and gave a clear and satisfactory Answer and so that Excellent Law pass'd But He had no sooner granted this Petition but We found it notoriously violated by his 〈◊〉 of 〈◊〉 and levying the Subsidies of 〈◊〉 and Poundage which determined by his Father's Death and were never payable to any of his Ancestors but only by special Act of Parliament Hereupon the Commons shewed by Remonstrance that Tonnage and Poundage were always the free Gift of the Subject for guarding the Seas and that the taking