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A91189 A full declaration of the true state of the secluded members case. In vindication of themselves, and their privileges, and of the respective counties, cities and boroughs for which they were elected to serve in Parliament, against the vote of their discharge, published in print, Jan. 5. 1659. by their fellow members. Compiled and published by some of the secluded members, who could meet with safety and conveniencie, without danger of a forcible surprize by Red-coats. Prynne, William, 1600-1669. 1660 (1660) Wing P3965; Thomason E1013_22; ESTC R22149 44,193 60

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to gard and defend the Members to both Houses to fit and vote with freedom and safety by armed force to secure and imprison above 40. Members at once and to seclude above 200. more by their Commands being the minority of the House at the House doors and suppress the whole House of Lords three or four times one after another after their executions and sequestrations and what punishment such unpresidented offences de●●erit should we demand justice against them for it after so many provocations and not willingly prete●mit it upon their repentance and satisfaction for the publick peace and settlement in the midst of our present Dist. actions upon their voluntary admission of us without any of their new Eagagements on our Consciences to discharge our Trust and prevent the ruine of our three Kingdoms by their rash and dangerous Counsels 2ly That their own Votes Publications and censures against the Army-Officers as well Members as others who forcibly excluded and dissipated themselves beyond expectation April 20. 1653. and October 13. 1659. a just divine retaliation for secluding their Fellow-Members which they deemed both tyrannical yea treasonable in them and deme●iting expulsion out of the House in Sir H. Vane and others of their own Members who gave a subsequent assent thereto will now recoyl upon themselves with infinit disadvantage and draw some new (a) exemplary punishment of God upon them for their new forcible secl●●sion and ejection of us they being but 60 at most and we near 200. they having * violated their Trusts Protestation Covenant and the privileges of Parliament which they were obliged constantly to maintain all their daies without defection or Apostacy by our former exclusions and ejection and we having done neither but only endeavoured inviolably to preserve them by our Vote and claims to sit in the House They keeping up the same armed Gards as their only security to sit which secluded us heretofore and now twice ejected them and we desiring no other Gards but those (b) Pliny (c) Seneca d Tully inform us to be the best and safest of all other our own Innocency and the Peoples love for whom we serve remembring that of Pliny to the good Emperor Trajan Quanto tutior quanto securior eadem domus postquam ejus non crudelitatis sed amoris excubiis non solitudine claustris sed Civium celebritate defenditur Frustra se terrore succinxerit qui septus ●aritatenon fuerit Armis enim arma irritantur as we have found by sad experience Vnum est inexpugnabile munimentum amor Civium which they will never gain but lose and forfeit by our unjust seclusion and expulsion 3. That it is a Maxime in Law inserted into the very Writs of summons to Parliaments (e) Calus 23 E. 1. m. 4. dorso as a most just and provident Law established by all prudent pious Princes and the very reason and ground of all Parliamentary assemblies ut quod tangit omnes ab omnibus appr●betur Hereupon our Judges and (f) Law-Books resolve that general Acts made and Taxes granted in and by Parliaments oblige all men upon this only account and reason because all Counties Cities Boroughs and Ports are parties and consenters to them in Parliment in and by their Knights Citizens Burgesses and Barons impowered with full and sufficient Authority for themselves and the Commonalties of the said Counties Cities Boroughs and Ports by their Indentures and Retorns to consent to and do whatever shall happen to be ordained in Parliament by common council as the last clauses in the Writs for Elections with their Retorns and Indentures resolve and for want of which power and Representatives if secluded no Acts can be passed no Taxes imposed on them that are obligatory And upon this very ground the Statutes of 25 E. 1. c. 5. 8. De Talligio non Concedendo c. 1 2. 14. E. 3. Stat. 1. c. 21. Stat. 2. c. 1. 15 E. 3. Stat. 2. c. 1. Stat. 3. c. 5. 21 E. 3. rot Parl. n. 16. 25 E. 3. rot Parl. n. 16. 27 E. 3. Stat. 2. c. 2. 36 E. 3. rot Parl. n. 16. 38 E. 3. c. 2. 38 E. 3. rot Parl. n. 40. 51 E. 3. rot Parl. n. 25. 11 H. 4. rot Parl. n. 50. The Petition of Right 3 Car. and the Statutes of 17 Car. c. 1. 8. 12. made at the begining of this Parliament do all enact declare and resolve in precise words That no Tax Tallage Ayde Subsidy Loan Custom Imposition or other Assesment whatsoever shall or may be imposed or levyed on the Subjects without common consent of the Lords and Commons in full Parliament by Act of Parliament And those now sitting in their printed Paper Octob. 11. 1659. Intituled An Act against the raising of Monies upon the people without their consent in Parliament enact That no person or persons shall after the XI of October 1659. Assess Levy Collect gather or receive any Customs Impost Excise Assesment Contribution Tax Tallage or any Sum or Sums of Money or other Imposition whatsoever upon the people of this Commonwealth without their consent in Parliament or us by Law might have béen done before the third of Novemb. 1640. And it is further enacted and declared That every Person offending contrary to this Act shall be and is hereby adjudged guilty of H●gh Treason and shall suffer and forfeit as in case of High Treason If then they shall forcibly seclude not only the whole House of Lords but the Majority of the Knights Citizens and Burgesses out of the Commons House as now they do most Counties Cities and Boroughs of England having not so much as one Knight Citizen or Burgesse to represent them being all forcibly excluded or dead they being not a fifth part of the House who could never legally impose any Tax upon the people before Nov. 3. 1640. nor since as all these Acts with * sundry other Records and Law-Books resolve they can make no Laws Orders Ordinances that are binding nor impose the least Tax Talluge Imposition Excise Contribution or any other payment whatsoever upon the people of this Nation much lesse upon us whom they thus forcibly exclude and those Counties Cities and Boroughs for which we serve nor any person or persons levy them without incurring the Crime Penalty and forfeiture expressed in their own late Act it being a received Maxim amongst all Politicians Lawyers Nations (h) Populi Minor pars pop●l●m non ol ligit and that nothing is or can be said to be done or acted by the Common Council and consent of the people in full Parliament by Act of Parliament which is done and acted only by the Minor part of the Commons House when the greatest part of the Members of Parliament are forcibly s●oluded or driven thence by armed violence especially by the commands and consederacy of the Minority of their fellow-Members our present case and condition which we represent to the whole
may be suffered to sit free of force or guards but of their own appointment and dead places filled up by new election untill a free Parliament according to the triennial Act may be called and convened without interruption or praelimitations That so by sober discreet peaceable impartial full and free Councils these three languishing divided Nations and the City of London the Metropolis of this Empire may be restored to their former renown honour peace unity prosperity and trade the two great Pillars of Magistracy and Ministry vindicated from contempt and violence and thereby a stable Settlement obtained both in Church and State to the rejoycing of all that truly fear God at home and the reviving and preservation of the reformed Churches abroad almost totally ruined and become a prey to the common enemy by our and their unchristian divisions Alexander ab Alexandro Genial Dierum l. 4. c. 11. Erat igitur Sena●oris Officium tam de promovendis Magistratibus provinciisque administrandis quam de bellis triumphis supplicationibusque decernendis deque praefidibus in provincias a●xiliis submittendis de leg● de foedere pactionibus ac to●a gerenda rep. libere sentire ac fortem constantemque sententiam dicere Et si duae Senatum distinerent sententiae cum ●liud alii ●●nferent Id quod Senatus maxima pars decer●●xet id ra●um fieri annotatum est An exact List of the secluded Members names still living and those refusing to sit till their restitution to undeceive the Nation and World THe Earl of Ancram Sir Ralph Ashton Kt. Arthur Annesley Kt. William Arthington John Arundel Mr. Ascough Sir John Barrington Sir Thomas Barnardiston Sir Robert Benloes Sir George Booth Kt. Sir Humphrey Bridges Sir Ambrose Brown Kt. Sir Roger Burgoin Kt. Francis Bacon Nathaniel Bacon Edward Bainton John Barker Alderman Maurice Barroe William Bell Alexander Bence Col. John Birch Edward Bish John Bond Doctor of Law John Bowyer Kt. John Boyes Kt. Major Brooks Major General Brown Samuel Brown Serg. at Law Francis Buller Iohn Bunckly Kt. Hugh Buscoen Kt. Iohn Button Sir Henry Cholmley Sir Iohn Clotworthy Sir Iohn Corbet Kt. Sir Iohn Curson Kt. Iohn Carew William Carrent Colonel Ceely Robert Clives Elias Crimes Lionel Copley Iohn Crew Sir Thomas Dacres Kt. Sir Francis Drake Sir William Drake Thomas Dacres Iohn Doyle Mr. Francis Drake Sir Iohn Eveling of Surrey Sir Iohn Eveling of Wilts Sir Walter Earl William Edwards Robert Ellison Richard Erisy George Eveling Mr William Fenwick William Lord Fitzwilliams Sir Edmund Fowel William Foxwist Iohn Francis Iames Fiennis Kt. Nathaniel Fiennis Iohn Fiennes Sir Gilbert Gerard Kt. Sir Harbotle Grimston Samuel Gardiner Francis Gerard Thomas Gewen Iohn Glynne Serg. at Law Samuel Gott Thomas Grove Sir Richard Haughton Kt. Sir Iohn Holland Col. Edward Harley Kt. Major Harley Thomas Hatcher Iames Herbert Peregrine Hobby Thomas Hodges Denzil Hollis Francis Hollis George Horner Kt. Edmund Hoskins Henry Hungerford Colonel Hunt Sir Anthony Irby Richard Jennings VVilliam Iones Sir Norton Knatchull George Keckwich Richard Knightly Sir Iohn Leigh Sir William Lewis Sir Martin Lister Sir William Litton Kt. Sir Samuel Luke Henry Laurence Kt. Colonel Lee Mr. Lewis Col. VValter Long Col. Iohn Loyd Kt. Mr. Lucas Mr. Luckin Sir Thomas Middleton Kt. John Mainard Serj. at Law Mr. Christopher Martin Major General Massey Thomas Middleton Thomas Moor William Morris Kt. George Montague Col. Edward Montague Kt. Sir Robert Napper Sir Robert Nedham Sir Dudly North Kt. Sir John Northcot Mr. Nash John Nelthrop John Nixon Alderman Mr. North Col. Norton Kt. Sir Richard Onslow Kt. Mr. Onslow Arthur Owin Kt. Henry Oxinden William Owfield Sir John Palgrave Kt. Sir Philip Parker Kt. Sir Thomas Parker Sir Edward Partridg● Sir John Pellam Sir William Platers Sir John Potts Kt. Sir Nevil Poole Sir Richard Price Kt. Sir Robert Pye Robert Packer Henry Peck William Pierpoint Edward Poole Col. Alexander Popham Mr. Potter Thomas Povy William Priestly William Prynne Sir Frances Rus●●l Kt. Mr. Ravinscraft Mr. Ratclifft Charles Rich Col. Edward Rossiter Sir Beachamp Saint-John Sir John Seymor Kt. Sir Thomas Soam Robert Scawen Mr. Scut Col. Robert Shap●ot Col. Shuttleworth Mr. Springate Mr. Simon Snow Henry Stapleton Edward Stephens John Stephens Nathaniel Stephens Kt. John Swinfen Col. William Stroud Mr. Shuttleworth John Spilman Sir John Temple Sir Thomas Treavor Mr. Temple Mr. Thistlethwait Samuel Terri●k Edward Thomas Esaia Thomas John Thinne Richard Tolson Kt. John Treavor Kt. Tho. Twisden Serj. at Law Samuel Vassal Edward Vaughan Kt. Edward Vaughan Sir William Waller Tho. Viscount Wenman Kt. Sir Henry Worsly Thomas Waller Esq William Wheeler Col. Whitehead Kt. Henry Willes Capt. Wingate Mr. Winwood William Wray Richard Wynne Kt. Sir John Young In all 194. besides above 40. secluded Members now dead since 1648. whereof many were Knights of Counties and of these yet living 37. are Knights of Shiers with Kt. added against their names Upon an exact view of the Members now sitting or which are permitted to sit if they were all present being about 89 in number there are not above 16. Knights of Shires 7 Citizens and the rest Burgesses whereof seldom 50. appear at once together the excluded and deceased Members being also considered it will appear that the House of Commons consisting by right of 508 Members whereof there are 78 Knights of Shires for England and 12. for Wales There are no Knights of the shires sitting in the House for these 26 English and 11 Welsh Counties following Bes●●es there are no Citizens sitting for 14 cities following viz. BEdford shire Cornwall Cambridgshire Derbyshire Devonshire Dorse●shire Essex Glostershire Har●fordshire Heref●rdshire Lincolnshire Lancashire Middles●x Munmothshire Norfolk Nor●humberland Oxfor●shire Surrey Shropshire Southampton Suffolk Somersetshire Sussex Westmorland Warwickshire Yorkshire Angl●sey B●eckn●ck Cardiganshire Carmarthenshire Carnarvonshire Denbighshire Fli●shire Glamorganshire Pembrockshire M●●●gomeryshire Rad●●shire And but 1 Knight of the Shire in each of the nine following Counties Berkshire Ch●shire Hunting ●●nshire Kent Leicestershire Northamptonshire Staffordshire Wil●shire Worcestershire And only the full number of Knights of the Shire in Buckinghamshi●e Nottinghamshire Rutlandshire Merionethshire York Westminster Bristol Canterbury Chester Exceter Oxford Lincoln Worceste● C●ichester Carlisle Rochester Coventry Wells Have no Citizens in the House And but one of the 4 for London 1 for Norwich 1 for Bath Glocester and Salisbury alone of all the Cities in Engl. having their full number And there will also appear now wanting excluded about 313 Burgesses and many of them of the principal Burroughs in Engl. So that the whole number now permitted to sit is about 89 and the whole number excluded or wanting 420 besides the Lords So tha● upon an indifferent calculation and survey there will scarce the 10th part of the Commons be found at this time to have Members representing them in Parliament and yet these take upon them to act enact and impose * Taxe● not only as a whole Commons House but