destroy and subvert both Lawes Liberties and Properties at last And not any thing like them to introduce Anarchy Democracy Parity Tyranny in the Highest degree and new formes 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 compliance with them but to enslave and undoe themselves and to be last destroyed Which royal Predictions many complaine we finde too truely verified by those who now bear rule under the Name and visour of the Parliament of England since its dissolution by the Kings decapitation and the Armies imprisoning and seclusion of the Members who above all others are obliged to disprove them by their answers as wel as declarations to the people who regard not words but reall 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 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 illegall 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 and custome 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. and asserted by Master 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. As I should admit these to be lawfull Members and these unlawfull void Writs to be good in Law so I should thereby tacitly admit ex post facto assent to some particulars against my knowledg judgment conscience Oaths of Supremacy Allegiance Protestation and solemn League and Covenant taken in the presence of God himself with a sincere heâ—…rt and reall intention to perform the same and 〈◊〉 therein al the days of my life without suffering my self directly or indirectly by whatsoever combination perswasion or terror to be withdrawn therefrom As first That there may be and now is a lawfull Parliament of England actually in being and legally continuing after the Kings death consisting only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 judgments of all now sitting that know anything of Parliaments and the whole Kingdom if they durst speak their knowledg know beleeve 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 lawful Authority to violate the Priviledges Rights Freedomes 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 ereâ—…t new Arbitrury Courts of war and Justice 〈◊〉 aâ—…aign condemn execute the King himself with the Peers Commons of this Realm by a new kind of Martial law contrary to Magna Charta the Petition of Right and Law of the Land dis-inherit the Kings posteâ—…ty of the crown extirpat Monarchy the whole house of Peers change and subvert the ancient Government Seals Lawâ—… Writs legal proceedings Courts and coin of the Kingdom â—…ell and dispose of all the Lands Revenues Jewels goods of the Crowne 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 very Oath of Allegiance notwithstanding this express clause in it which I deâ—…ire may be â—…riously and conscienciously considered by all who have sworne it I do â—…eleeve and in Conscienâ—… am râ—…olved that neither the Pope NORANY PERSON WHATSOEVER HATH POWER TO ABSOLVE ME OF THIS OATH OR ANY PART THEREOF which I acknowledge by good and â—…ull Authority to be lawfully ministred unto me and DO RENOUNCE ALL PARDONS AND DISPENSATIONS TO THE CONTRARY dispense with our Protestations Solemn League and Covenant so lately * zealously uâ—…ged and injoyned by both Houses on Members Officers Ministers and all sorts of Pâ—…ople throughout the Realm 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 legall cause or tryall to make what new Acts Lawes and reverse what old ones they think meet to insnare inthral our Consciences Estates Liberties Lives to create new monstrous Treasons never heard of in the world before and declare râ—…ll treasons against King Kingdome Parliament to be no trâ—…asons and Loyalty Allegiâ—…nce due obedience to our knowne Lawes and consciencious observing of our Oaths and Covenant the breach whereof would render us actuall Traytors and perjurious persons to be no lesse then 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 livâ—…s to the Gallowes 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. Edw. 3. cap. 4. 28. Ed. 3. c. 3. 37. E. c. 18. 42. E. 3. cap. 3. 25. Ed. 3. cap. 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 Caroâ—… 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 invasions rayse 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 as often and as long as they please to support their own encroached more then Regall Parliamentall Super-transcendent Arbitrary power over us and all that is ours or the Kingdoms at our private and the publique charge against our wils judgments consciences to our absolute enslaving and our three Kingdomâ—… râ—…ine by engaging them one against another in new Civill wars and exposing us for a prey to our Forraign Enemies All which with other particulars lately acted and avowed by the Imposers of this Tax by colour of that pretended Parliamentary Authority by which they have imposed it I must necessarily admit acknowledg to be just and legall
of his Company repaired thither making all the spoil they could and taking away some brasse and Pewter continuing there till neer four of the clock and then marched away onely out of fear I would raise the Country upon them many of whom profered me their assistance but I desired them to forbear till I saw what their Officers would do who in stead of punishing any of them permitted them to play the like Rex almost in other places where they quartered since marching but three or four miles a day and extorting what money they could from the Country by their violence and disorders Now for me or any other to give moneys to maintain such deboist Bedlams and Beasts as these who boasted of their villanies and that they had done me at least twenty pounds spoil in Beer and Provisions drinking out five barrels of good strong Beer and wasting as much meat as would have served an hundred civill persons to be Masters of our Houses Goods Servants Lives and all we have to ride over our heads like our Lords and Conquerâ—urs and take Free-quarter on us amounting to at least a full yeers contribution without any allowance for it and that since the last Orders against Free-quarter and Warrants for paying in this Tax to prevent it for the future issued is so far against my Reason Judgment and Conscience that I would rather give all away to suppresse discard them or cast it into the fire then maintain such graceless wretches with it to dishonour God enslave consume ruine the Country and Kingdom who every where complain of the like insolencies and of taking Free-quarter since the ninth of June as above two hundred of Colonel Cox his men did in Bath the last Lords day who drew up in a Body about the Majors house and threatned to seise and carry him away prisoner for denying to give them Free-quarter contrary to the New Act for abolishing it Lastly This pretended Act implies that those who refuse to pay this contribution without distresse or imprisonment shall be still oppressed with Free-quarter And what an height of oppression and injustice this wil prove not only to distrain and imprison those who cannot in conscience Law or prudence submit to this illegall Tax but likewise to undo them by exposing them to Free-quarter which themselves condemn as the highest pest and oppression let all sober men men consider and what reason I and others have to oppose such a dangerous destructive president in its first appearing to the world In few words As long as we keep an Army on foot we must never expect to be exempted from Free-quarter or Wars or to enjoy any peace or setlement and as long as we wil submit to pay contributions to support an Army we shall be certain our new Lords and Governors will continue an Army to over-aw and enslave us to their wils Therefore the onely way to avoid free-quarter and the cost and trouble of an Army and settle peace is to deny all future contributions Ninthly The principal end of imposing this Tax to maintain the Army and Forces now raised is not the defence and safety of our ancient and first Christian Kingdom of England its Parliaments Laws Liberties and Religion as at first but to disinherit the King of the Crown of England Scotland and Ireland to which he hath an undoubted right by common and Statute Law as the Parliament of 1 Jacobi ch. 1. resolves and to levie War against him to deprive him of it To subvert the ancient Monarchical Government of this Realm under which our Ancesters have always lived and flourished to set up a New-Republick the oppressions and grievances whereof we have already felt by increasing our Taxes setting up arbitrary Courts and Proceedings to the taking away the lives of the late King Peers and other Subjects against the fundamental Laws of the Land creating new monstrous Treasons never heard of in the world before and the like but cannot yet enjoy or discern the least ease or advantage by it To overthrow the ancient constitution of the Parliament of England consisting of King Lords and Commons and the Rights and Priviledges thereof To alter the fundamental Laws Seals Courts of Justice of the Realm and introduce an arbitrary government at least if not Tyrannical contrary to our Laws Oaths Covenant Protestation (a) publick Remonstrances and Engagements to the Kingdom and forreign States not to change the Government or attempt any of the Premises All which being no less then High Treason by the Laws and Statutes of the Realm as Sir Edward Cook in his 4. Institutes ch. 1. and Mr. St John in his Argument at Law upon passing the Bill of Attainder of the Earl of Strafford both printed by the Commons special Order have proved at large by many Precedents Reasons Records and so adjudged by the last Parliament in the cases of Strafford and Canterbury who were condemned and executed as Traitors by Judgment of Parliament and some of these now sitting but for some of those Treasons upon obscurer Evidences of guilt then are now visible in other I cannot submit thereto without incurring the Crime and Guilt of thefe severall High Treâ—…sons and the eternal if not temporal punishments incident thereunto if I should volutarily contribute so much as one penny or farthing towards such Treasonable and disloyal ends as these against my Conscience Law Loyalty and Duty and all my Oaths and Obligations to the contrary Tenthly The payment of this Tax for the premised purposes will in my poor judgment and conscience be offensive to God and all good men scandalous to the Protestant Religion dishonourable to our English Nation and difadvantagious and destructive to our whole Kingdom hindering the speedy settlement of our Peace the re-establishment of our Laws and Government abolishing of our Taxes disbanding of our Forces revivall of our decayed Trade by the renewing and perpetuating our bloody uncivill Warrs engaging Scotland Ireland and all forreign Princes and Kingdoms in a just War against us to avenge the death of our late beheaded King the dis-inheritâ—…ng of his posterity and restore his lawfull Heirs and Successors to their just undoubted Rights from which they are now forcibly secluded who will undoubtedly molest us with continuall Warrs what-ever some may fondly conceit to the contrary till they be setled in the Throne in peace upon just and honorable terms and invested in their just possessions Which were far more safe honorable just prudent and Christian for our whole Kingdom voluntarily and speedily to do themselves then to be forced to it at last by any forraign Forces the sad consequences whereof we may easily conjâ—…cture 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 consequences by any submission to
villified affronted their pretended Parliamentary Authority and thereby induced others to contemn and question it and as great a baseness in others for to pay it upon any terms Secondly he there affirms that (d) Oliver Crumwel by the help of the Army at their first Rebellion against the Parliament was no sooner up but like a perfidious base unworthy man c. the House of Peers were his only white boys and who but Oliver who before to me had called them in effect both Tyrants and Usurpers became their Proctor where ever he came yea and set his son Ireton at work for them also insomuch that at some meetings with some of my friends at the Lord Whâ—…rtons lodgings he clapt his hand upon his breast and to this purpose professed in the sight of God upon his conscience THAT THE LORDS HAD AS TRUE A RIGHT TO THEIR LEGISLATIVE JURISDICTIVE POWER OVER THE COMMONS AS HE HAD TO THE COAT UPON HIS BACK and he would procure a friend viz. Master Nathaniel Fiennes should argue and plead their just right with any friend I had in England And not only so but did he not get the General and Councel of War at Winsor about the time that the Votes of no more addresses were to pass to make a Declaration to the whole world declaring THE LEGAL RIGHT OF THE LORDS HOUSE THEIR FIXED RESOLUTION TO MAINTAIN UPHOLD IT which was sent by the General to the Lords by Sir Hardresse Waller and to indeâ—…r himself the more unto the Lords in whose house without all doubt he intended to have sate himself he requited me evil for good and became my enemy to keep me in Prison out of which I must not stirre unless I would stoop and acknowledge the Lords jurisdiction over Commoners and for that end he sets his agents and instruments at work to get me to doâ—… it yet now they have suppressed them Whence it is most apparent 1. That the General Lieutenant Generall Cromwel Ireton Harrison and other Officers of the Army now sitting as Members and over-ruling all the rest have wittingly acted against their own knowledges Declarations Judgments Consciences in suppressing the Lords Houâ—…e and depriving them of ther Legislative and Jurisdictive Right and power by presuming to make Acts passe sentences and impose Taxes without them or their assents in Parliament 2. That this Tax enforced upon the Commons and Kingdom for their own particular advantage pay and enrichment is in their own judgment and conscience both unjust and directly contrary to the Laws of the Realm being not assented to by the Lords and therefore to be unanimously and strenuously opposed by all who love their own or Countries Liberties or have any Nobility or Generosity in them Thirdly he (e) there asserts in positive terms in his own behalf and his confederates That the purged Parliament now sitting is but a pretended Parliament a mock-Parliament yea and in plaine English NO PARLIAMENT AT ALL but the shadow of a Parliament That those Company of men at Westminster that gave Commission to the High Court of Justice to try and behead the King c. were no more a Parliament by Law or Representatives of the People by the rules of Justice and Reason then such a company of men are a Parliament or Representative of the People that a company of armed Theeves choose and set apart to try judge condemne hang or behead any man that they please or can prevaile over by the power of their Swords to bring before them by force of arms to have their lives taken away by pretence of JUSTICE grounded upon rules meerly flowing from their Wills and Swords That no Law in England authoriseth a company of servants to punish and correct their Masters or to give a Law unto them or to throw them at their pleasure out of their power and set themselves downe in it which is the Armies case with the Parliament especially at Thomas Pride's late purge which was an absolute dissolution of the very Essence and being of the House of Commons to set up indeed a MOCK-POWER and a MOCK-PARLIAMENT by purging out all those that they were any way jealous of would not Vote as they would have them and suffering and permitting none to sit but for the Major part of them a company of absolute School-boys that will like good Boys say their Lessons after them their Lords and Masters and vote what they would have them and so be a skreen betwixt them and the people with the name of Parliament and the shadow and imperfect image of Legal and Just Authority to pick their pockets for them by Assessments 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 vassals 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 the secluded Members Presbyterians Royallists 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 futher avers (f) 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 wherefore the Members of the Commons house were chosen and sent thither was To treat and conferr with King Charles and the House of Peers about the great affairs of the Nation c. And therefore are but a third part or third estate of that Parliament to which they were to come and â—…yn 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
A Legall Uindication Of the Liberties of England AGAINST ILLEGALL 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 illegall Tax or Contribution of Ninety Thousand pounds the MONTH Lately imposed on the Kingdom by a pretended Act of some Commons in or rather out of Paâ—liament ESAY 1. 7. He looked for Judgment but behold Oppression for Righteousness but behold a Cry PSAL. 12. 5. For the Oppression of the poor for the Sighing of the needy now 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 groaing of the children of Israel whom the Aegyptians keep in bondage 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 Judgments ECCLES. 4. 1 2. So I returned and considered all the Oppressions that are done under the Sun and beheld the teâ—rs 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 Wherfore I praised the dead which are already dead more then the living which are yet alive London Printed for Robert Hodges and are to be sold by him 1649. REASONS Assigned by WILLIAM PRYNNE c. BEing on the 7th of this instant June 1649 informed by the Assessors of the Parish of 〈◊〉 that I was assessed at 2 l. 5 s. for three months Contribution by vertue of a pretended Act of the Commons 〈◊〉 in Parliament bearing date the seventh of April last assessing the Kingdom at ninty thousand pounds monthly beginning from the 25 of March last and continuing for six months next ensuing towards the maintenance of the Forces to be continued in England and Ireland and the paying of such as are thought fit to be disbanded that so Free-quarter may be taken off whereof 3075 l. 17 s. 1 d. ob is monthly imposed on the County and 2 l. 5 s. 3 d. on the small poor Parish where I live and being since on the fifteenth of June required to pay in 2 l. 5 s. for my proportion I returned the Collector this Answer That I could neither in Conscience Law nor Prudence in the least measure submit to the voluntary payment of this illegall Tax and unreasonable Contribution after all my unrepaired losses and sufferings for the publick Libertie amounting to six times more then SHIP-MONEY the times considered or any other illegall Tax of the late beheaded King so much declaimed against in our three last Parliaments by some of those who imposed this And that I would rather submit to the painfullest death and severest punishment the Imposers or Exactors of it could inflict upon me by their arbitrary power for legall they had none then voluntarily pay or net oppose it in my place and calling to the uttermost upon the same if not better reasons as I oppugned a Ship-money Knight-hood and other unlawfull Impositions of the late King and his Councell heretofore And that they and all the world might bear witnesse I did it not from meer obstinacy or sullennesse but out of folid reaâ—…l grounds of Conscience Law Prudence and publick affection to the weal and liberty of my native Country now in danger of being enslaved under a new vassallage more grievous then the worst it ever yet sustained under the late or any other of our worst Kings I promised to draw up the Reasons of this my refâ—…sall in writing and to publish them so soon as possible to the Kingdom for my own Vindication and the better information and satisfaction of all such as are any wayes concerned in the imposing collecting levying or paying of this strange kinde of Contribution In pursuance whereof I immediatly penned these ensuing Reasons which I humbly submit to the impartâ—…all Censure of all â—…nscientious and judicious Englishmen desiring either their inâ—…enuous Refutation if erroneous or candid Approbation if substantiall and irrefrâ—…gable as my conscience and judgement perswade me they are and that they will appear so to all impartial Perusers after full examination First By the fundamental Laws and known Statutes of this Realm No Tax Tallage Ayd Imposition Contribution Loan or Assessement whatsoever may or ought to be opposed or levied on the free men and people of this Realm of England but by the WILL and COMMON ASSENT of the EARLS BARONS Knights Burgesses Commons and WHOLE REALM in a free and full PARLIAMENT by ACT OF PARLIAMENT All Taxes c. not so imposed levied though for the common defence and profit of the Realm being unjust opprâ—…ssive inconsistent with the Liberty and Property of the Subject Laws and Statutes of the Realm as is undenyably evident by the expresse Statutes of Magna Charta cap. 29 30. 25. E. 1. c. 5. 6. 34. E. 1. De Tallagio non concedendo cap. 1. 21. E. 3. Rot. Parl. n. 16. 25. E. 3. c. 8. 36. E. 3. Rot. Parl. n. 26. 45. E. 3. Rot. Parl. n. 42. 11. H. 4. Rot. Parl. n. 10. 1. R. 3. c. 2. The Petition of Right and Resolutions of both Houses against Loans 3 Caroli The Votes and Acts against Ship-money Knighthood Tonnage and Poundage and the Star-chamber this last Parliament 17. 18. Caroli And fully argued and demonstrated by Mr. William Hackwell in his Argument against Impositions Judg Hutton and Judg Crook in their Arguments and Mr. St. John in his Argument and Speech against Ship money with other Arguments and Discourses of that subject Sir Edward Cook in his 2 Instit. published by Order of the Commons House â—…ag 59. 60. c 527 528 529 532 533 c. with sundry other Râ—…cords and law-books cited by those great Rabâ—…ies of the Law and Patriots of the Peoples Liberties But the present Tax of Ninety Thousand pounds a Month now exacted of me was not thus imposed Therefore it ought not to be demanded of nor levied on me and I ought in conscience law and prudâ—…nce to withstand it as unjust opprâ—…ssive inconsistent with the Liberty and Property of the Subject Laws and Statutes of the Realm To make good the Assumption which is only questionable First This Tax was not imposed in but out of Parliament the late Parliament being actually dissolved above two months before this pretended Act by these Tax-imposers taking away the King by a violent death as is expresly resolved by the Parliament of 1 H. 4. Rot. Parl. n. 1. by the Parliament of 14 H. 4. and 1 H. 5. Rot. Parliam n. 26. Cook 4 Institutes p. 46. and 4. E. 4 44. b. For the King being both the Head beginning end and foundation of
when all or most of the Members were present as the Parliament Rolls Journals Modus teâ—…ndi Parliamentum Sir Edward Cooks 4 Instituâ—…s p. 1. 2 26. 35. 36. Cromptons Jurisdiction of Courts f. 1 c. 39. E. 3. 7. Brook Parliament 27. 1. Jac. c. 1. and the many Records I have cited to this purpose in my Levellers levelled my Plea for the 〈◊〉 and Memento p. 10. abundantly prove beyond contradictionâ—… for which cause the Members ought to be fined and lose their â—…ges if absent without spâ—…cial Liâ—…nce as Modus tâ—…nexdi Parliamentum 5 R. 2. Par. 2. c. 4. 9. H. 8. c. 16. and A Coâ—…ection of all Orders c. of the late Parliament pa. 294. 357. with their frequent summoning and fining absent Members evidence Secondly Though foâ—…ty Members onely may peradventurâ—… make an House in casâ—… of absoluâ—…e neceâ—…y when â—…he râ—…st through sicknes publick or private occasions are voluâ—…rily or negligently absent and might freely repair thither to sit or give their Votes if they pleased yet forty Members nevâ—…r yet made a Commonâ—… House by custome of Parliament â—…here being never any such case til now when the rest being above â—…our hundred were forcibly secluded or driven thence by an army through the practice or connivance of those forty sitting oâ—… purpose that they should not over nor counteâ—…-vote them much lesse an House to sequester or expell the other Members or impose any Tax upon them Till they shew me such a lâ—…w custom or President of Parliament not to be found in any age all they pretend is nothing to purpoâ—…e or the present case Thirdly Neither forty Members nor a whole House of Commons were ever enough in any age by the Custome of Parliament or Law of England or impose a Tax or make any Act of Parliament without the King and Lords as I have n already proved much lâ—…sse after they ceased to be Members by the Parliaments dissolution through the Kings beheading Neither wâ—…re they ever invested with any legall power to seclude or expâ—…l any of their felow Members especially if duly elected for any Vote wherein the Majority of the House concurred with them or differing in their consciences and judgements from them nor for any other cause without the Kings and Lords concurrence in whom the ordinary judiciall power of the Parliament resides as I have undeniably proved by presidents and reasons in my Plea for the Lords p. 47. to 53. and Ardua Regni which is further evident by Claus. Dors. 7. R. 2. M. 32. Mr. Seldens Titles of Honor p. 737. Banneret Camoys Case discharged from being knight of the Shire by the Kings Writ and judgment alone without the Commons vote because a Peer of the Realm the practice of sâ—…questring and expelling Commons by their fellow-Commons only being a late dangerous unparliamentary usurpation unknown to our Ancestors destructive to the priviledges and freedom of Parliaments and injurious to those Counties Cities Boroughs whose Trustees are secluded the House of Commons it self being no Court of Justice to give either an Oath or finall Sentence and having no more Authority to dismember their fellow-Members then any Judges Justices of peace or Committees have to disjudg disjustice or discommittee their fellow Judges Justices or Committee-men being all of equall authority and made Members only by the Kings Writ and peoples Election not by the Houses or oâ—…her Members Votes who yet now presume both to make and unmake seclude and recal expel and restore their fellow-Members at their pleasure contrary to the practice and resolution of former ages to patch up a factious Conventicle instead of an English Parliament Therefore this Objection no wayeâ—… invalids this first Reason why I neither can nor dare submit to this illegal Tax in conscience law or prudence which engage me to oppose it in all these Respects If any object That true it is the parliament by the common Law and Custome of the Realm determines by the Kings death but by the Statute of 17 Caroli which enacts That this present Parliament now assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose continues this Parliament still in being notwithstanding the Kings beheading since no Act of Parliament is passed for its Dissolution The only pretext for to support the continuance of the Parliament since the Kings violent death To this I answer That it is a Maxime in Law That every Statute ought to be expounded according to the intent of those that made it and the mischiefs it intended onely to prevent as is resolved in 4. Edw. 4. 12. 12. Edw. 4. 18. 1. H. 7 12 13. Plowd Com fol. 369. and Cooks 4. Instit. p. 329 330. Now the intent of the Makers of this Act and the end of enacting it was not to prevent the dissolution of this Parliament by the Kings death no ways intimated or insinuated in any clause thereof being a cleer unavoydable dissolution of it to all intents not provided for by this Law but by any Writ or proclamation of the King by his Regal power without consent of both Houses which I shall manifest by these ensuing reasons First From the principal occasion of making this Act. The King as the COMMONS in their * Remâ—…nstrance of the state of the Kingdom 15 Decemb. 1642 complain had dissolved all former Parliaments during his Reign without and against both Houses approbation to their great discontent and the Kingdoms prejudice as his Father King James had dissolved others in his Reign and during their continuance adjourned and prorogued them at their pleasure Now the fear of preventing of the like dissolution prorogation or adjournment of this Parliament after the Scotish Armies disbanding before the things mentioned in the Preamble were effected by the Kings absolute power was the only ground occasion of this Law not any fear or thoughts of its dissolution by the King untimely death then not so much as imagined being before the Warrs or Irish Rebellion brake forth the King very healthy not ancient and likely then to survive this Parliament and many others in both Houses judgment as appears by the Bill for trienniall Parliaments This undeniable Truth is expresly declared by the Commons themselves in their foresaid Romonstrance Exact Collection p. 5. 6. 14. 17. compared together where in direct terms they affirm The ABBRUPT DISSOLUTION OF THIS PARLIAMENT is prevented by another Bil by which it is provided it shall not be dissolved or adjourned without the consent of both Houses In the Bill for continuance of this present Parliament there seems TO BE SOME RESTRAINT OF THE ROYAL POWER IN D SSOLVING OF PARLIAMENTS NOT TO TAKE IT OUT OF THE CROWN BUT TO SUSPEND THE EXECUTION OF IT FOR THIS TIME and OCCASION ONLY which was so necessary for THE KINGS OWN SECURITY and the publick Peace that without it we could not have undertaken any of these great charges but must
by my voluntary payment of it of purpose to maintain an Army to justifie and make good all this by the meer power of the Sword which they can no wayeâ—… justifie and defend by the Lawes of God or the Realm before any Tribunall of God or Men when legally arraigned as they shal one day be Neither of which I can or dare acknowledg wiâ—…hout incurring the guilt of most detestable Perjury and highest Treason against King Kingdom Parliament Laws and Liberties of the people and therfore cannot yeeld to this Assessment Thirdly the principal ends and uses proposed in the pretended Act and Warrants thereupon for payment of this Tax are strong obligations to me in point of Conscience Law Prudence to withstand it which I shall particularly discuss The â—…irst is the maintenance and contiuuance of the present Army and Forces in England under the Lord Fairfax To which I say First as I shall with all readiness gratitude and due respect acknowledg 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 faithfulness 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 Priviledges Members and Proceedings of the late and Being of all future 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 Regall Parliamentall Magistraticall and Ecclesiasticall power of the Kingdom to their Generall-Councell of Officers of the Army as the supreme swaying Authority of the Kingdom and aâ—…empting to alter and subvert the ancient Government Parliaments Laws and Customs of our Realm 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 got ten all we have from us by Taxes and Free-quarter and we have nothing left to pay them then themselves will seiâ—…e â—…pon 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 iâ—… we beleeve 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 less 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 priviledges of Parliament and liberty of the Subject pulled me forcibly from the Commons House and kept me prisoner about two months space under their Martiall to my great expence and prejudice 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 unparallell'd injustice or acknowledging their offence and yet detain some of my then fellow-Members under custodie by the meer power of the Sword without bringing them to Triall would be not only absurd unreasonable and a tacit justification of this their horrid violence and breach of priviledg but monstrous unnaturall 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 as is clear by the Stat. of 25 E. 1. c. 6. 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 Kingdom is generally exhausted with the late 7 years Wars Plunders and heavy Taxes there being more moneyes levied on it by both sides during these eight last yeares then 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 cattell 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. This heavie Contribution to support the Army destroies all Trade by fore-stalling and engrossing most of the Monies of the Kingdom the sinews and life of Trade wasting the provisions of the Kingdom and enhancing their prices keeping many thousands of able men and horses idle only to consume other labouring mens provisions estates and the publick Treasure of the Kingdom when as their employment in their Trades and callings might much advance trading and enrich the Kingdom 4. There is now no visible Enemy in the field or Garrisons and the sitting 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 eat up the Country with Taxes and Free-quarter only to play drink whore steale rob murther quarrell fight with impeach and shoot one another to death as Traitors Rebels and Enemies to the Kingdom and Peoples Liberties as now the Levellers and Cromwellists doe 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 Garisons 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
party there from the forces of the bloody Popish Irish Rebels with whom if report be true these sitting Anti-Monarchists seek and hold correspondence and are now actually accorded with Owen Roe-Oneal and his pary of bloudiest Papists but to oppose the Kings interest and Title to that Kingdom * setled on HIM HIS HEIRS SUCCESSORS FOR EVER by an express act of Parliament made in Ireland 33. H. 8. c. 1. and by the Stat. of 1 Jac. c. 1. made in England yet unrepealed and the Protestant remaining party there adhering to and proclaiming acknowledging him for their Soveraign lest his gaining of Irâ—…land should prove fatall to their usurped Soveraignty in England or conduce to his enthroning here And by what Authority these now sitting can impose or with what conscience any loyal Subject who hath tagen the Oaths of Supremacy Allegeance and Covâ—…nt can voluntarily pay any Contribution to deprive the King of his hereditary right and undoubted title to the Kingdoms Crowns of England Ireland and alter the frame of the ancient Government and Parliaments of our Kingdoms p Remoâ—…strated so often against by both Houses and adjudged High Treason in Canterburies and Straffords cases for which they were beheaded and by themselves in the Kings own case whom they decolled likewise without incurring the guilt of perjury and danger of high Treason to the loss of his life estate by the very laws and Statutes yet in force transcends my understanding to conceive Wherfore I neither can nor dare in conscience law or prudence submit to this contribution Fourrhly The coercive power and manner of levying this contribution expressed in the Act is against the Law of the Land and Liberty of the Subject which is threefold First Distresse and sale of the goods of those who refuse to pay it with power to break open their Houses which are their Castles doors chests c. to distrain which is against Magna Charta c. 29. The Petition of Right The Votes of both Houses in the case of Ship-mony 1 R. 2. c. 3. and the resolution of our Judges and Law-books 13. Ed. 4. 9. 20. E. 4. 6. Cook 5 Report f. 91 92. Semains case and 4. Inst. p. 176. 177. Secondly Imprisonment of the body of the party till he pay the Contribution being contrary to Magna Charta The Petition of Right The resolution of both Houses in the Parliament of 3 Caroli in the case of Loans and 17 Caroli in the case of Ship-mony the judgment of our Judges and Law-books collected by Sir Edward Cook in his 2 Inst. p. 46. c. and the Statute of 2. H. 4. Rot. Parl. n. 6. unprinted but most expresse in point Thirdly Levying of the contribution by souldiers and force of arms in case of resistance and imprisoning the person by like force adjudged High Treason in the case of the Earl of Strafford and a levying of war within the Statute of 25. Ed. 3. by the late Parliament for which he lost his head and so proved to be at large by Master St. Iohn in his Argument at Law at the passing the Bill for his attainder Printed by Order of the Commons House Fourthly Which heightens the illegality of these illegall means of levying it if any person whose goods are destrained or person imprisoned for this illegall tax shall bring his Action at Law or an Habeas corpus for his relief the Committee of Indempnity will stay his legall proceedings award costs against him and commit him anew till he pay them and release his suits at Law and upon an Habeas corpus their own Sworn Judges created by them without any Oath to do equal Justice c. to all but only to be true and faithfull to their new-erected State dare not bayl but remaund him against Law An oppression and Tyranny far exceeding the worst of the Beheaded Kings under whom the Subjects had Free-Liberty to sue and proceed at Law both in the cases of Loanes Shipmony and Knighthood without any Councel 〈◊〉 Committee of Indempnity to stop their suits or inforce them to release them and therefore in all these respects so repugnant to the Laws and Liberty of the Subject I cannot submit to this illegall Tax but oppugn it to the utetrmost as the most invasive on Laws and Liberties that ever was Fifthly The time of imposing this illegall Tax with these unlawfull ways of levying it is very considerable and sticks much with me it is as the Imposers of it declare and publish in many of their new kind of Acts and devices in the first yeare of Englands Liberty and redemption from thraldom And if this unsupportable Tax thus illegally to be levied be the first fruits of our first years Freedom and redemption from thraldom as they stile it how great may we expect our next years thraldome will be when this little finger of theirs is heavier by far then the Kings whole loyns whom they beheaded for Tyranny and Oppression Sixthly The Order of this Tax if I may so term a disorder or rather newnesse of it engageth me and all lovers of their Countries Liberty unanimously to withstand the same It is the first I finde that was ever imposed by any who had been Members of the Commons House after a Parliament dissolved the Lords House Voted down and most of their fellow Commoners secured or secluded by their conâ—…ivance or confederacy with an undutifull Army Which if submitted to and not opposed as illegall not only the King or Lords alone without the Commons buâ—… any forty or fifty Commoners who have been Members of a Parliament gaining Forces to assist and countenance them may out of Parliament now or any time hereafter do the like and impose what Taxes and Laws they please upon the Kingdom and the secluded Lords and Comâ—…ons that once sate with them being encouraged thereto by such an unopposed precedent Which being of so dangerous consequence and eximple to the constitution and priviledges of Parliament and Liberties of the People we ought all to endeavour the crushing of this new Cockatrice in the shell lest it grow to a Fiery Serpent to consume and sting us to death and induce the Imposers of it to lade us with new and heavier Taxes of this kinde when this expires which we must expect when all the Kings B shops Deans and Chapters Lands are shared amongst them sold and spent as they will quickly be if we patiently submit to this leading Decoy since (q) Bonus Actus inducit consuetudinem as our Ancestors resolved Anno 1240. in case of an unusuall Tax demanded by the Pope whereupon they all unanimously opposed it at first (r) Opprime dum nova sunt subiti mala semina morbi Principiis obsta serò medecina paratur Cum mala per longas invaluere moras Being the safestrule of State-physick we can follow in such new desperate diseases which endanger the whole Body-Politick Upon which grounds the most consciencious
Gentlemen and best Patriots of their Country opposed Loans Ship-money Tonnage Poundage Knighthood and the late illegall Impositions of the King and his Councell in the very beginnings of them and thought themselves bound in Conscience Law Prudence so to do though there were some colourable reasons and precedents of former times pretended to countenance them And if these Worthies conceived themselves thus obliged to oppose those illegall Impositions of the King and his Councel though countenanced by some Judges opinions as legall to their immortal honour and high esteem both in Country and Parliament who applauded them as the (*) principal maintainers of their Countries Liberties then much more ought I and all other tenderers of their own and Countries Freedom to oppose this illegal dangerous Contribution imposed on us by a few fellow-Subjects only without yea against all Law or President to countenance it being of greater consequence and worser example to the Kingdom then all or any of the Kings illegal projects or Taxes Seventhly the excessivenesse of this Tax much raised and encreased when we are so exhausted and were promised and expected ease from Taxes both by the Army in their Remonstrance November 20. 1648. and by the (*) Imposers of itâ—… amounting to a sixt part if not a moyety of most mens estates is a deep Engagement for me to oppose it since Taxes as well as (s) Fines and Amerciaments ought to be reasonable so as men may support themselves and their Families and not be undone as many wil be by this if forced to pay it by Distresse or Imprisonment Upon this ground in the Parliament Records of 1 and 4 Ed. the Third we find divers freed from payment of Tenths and other Taxes lawfully imposed by Parliament because the People were impoverished and undone by the Warres who ought to pay them And in the printed Statutes of 31 Henr. 6. c. 8. 1 Mariae c. 17. to omit others we find Subsidâ—…es mitigated and released by subsequent Acts of Parliament though granted by precedent by reason of the peoples poverty any inability to pay them Yea somtimes we read of something granted them by the King by way of aid to help pay their Subsidies as in 25. Edward 3. Rastal Tax 9. and 36. Ed. 3. c. 14. And for a direct president in point When (t) Peter Rubie the Pope's Legat in the yeer 1240. exacted an excessive unusual Tax from the English Clergie the whole Clergy of Berk-sbire and others did all and every of them unanimously withstand it tendring him divers Reasons in writing of their refusal pertinent to our time and present Tax whereof this was one That the Revenues of their Churches scarce sufficed to find them daily food both in regard of their smalness and of the present dearth of Corns and because there were such multitudes of poore people to relieve some of which dyed of Famin so as they had not enough to suffice themselves and the poore Whereupon THEY OUGHT NOT TO BE COMâ—…ELLED TO ANY SUCH CONTRIBUTION which many of our Clergie may now likewise plead most truly whose Livings are small and their Tithes detained and divers people of all ranks and callings who must sell their stocks beds and all their houshold-stuffe or rot in prison if forced to pay it Eighthly the principal inducement to bring on the paiment of this Tax is a promise of taking off the all-devouring and undoing Grievance of Free-quarter which hath ruined many Countreys and Families and yet they must pay this heavy Tax to be eased of it for the future instead of being paid and allowed for what is already past according to (u) former engagements Against which I have these just exceptions 1. That the taking of Free-quarter by Soldiers in mens Houses is a grievance against the very Common-Law it self which defines every mans House to be his Castle and Sanctuary into which none ought forcibly to enter against his will and which with his goods therein he may lawfully (x) fortifie and defend against all intruders whatsoever and kill them without any danger of Law Against all the Statutes concerning (y) Purveyers which prohibit the taking of any mens goods or provisions against their wills or payment for them under pain of Felony though by Commission under the great Seal of England Against the expresse Letter and Provision of the Petition of RIGHT 3. Caroli Condemned by the Commons House in their (z) Declaration of the State of the Kingdom of the 15. December 1641. and charged as an Article against King Richard the second when deposed in the Parliament of 1 H. 4. nu 22. Yea it is such a Grievance as exposeth the houses goods provisions moneys servants children wives lives and all other earthly comforts we enjoy to the lusts and pleasure of every domineering Officer and unruly common Souldier Therefore absolutely to be abolished without any compensation And to impose an unjust heavy Tax and induce people to pay it upon hopes of freeing them from Free-quarter 16 but to impose one grievance upon pretext to remove another 2. There have been many promises Declarations and Orders of both Houses and the Generall for taking off Free quarter heretofore upon the peoples paying in their Contributions before land now and then none should Free quarter on them under pain of death Yet no sooner have they pay'd in their Contribution but they have been freequartered on as much or more then formerly the Souldiers when we tell them of any Orders against Free-quarter slighting them as so many wast papers and carrying themselves more unruly And when complaint thereof hath been made to the Officers Members or the Committee for the Army or in the House answer hath still been made That as long as there is an Army on foot there will be freequarter taken and there can be no prevention of it there being a necâ—…y of it and when any have craved allowance of it they have â—…ound so many put-offs and delayes and such difficulties in obtaining it that their expences have equalled their allowance and after allowances made the moneys allowed have been called for again So as few have had any allowance for quarters and most have given over suing for them being put to play an after-game to sue for them after all their contributions first paid and not permitted to deduct them out of their Contributions as in Justice and reason they ought which they are still enforced to pay without deduction This pretext therefore of taking a way Free-quarter is but a shoo-horn to draw on the payment of this Tax and a fair pretext to delude the People as they finde by sad experience every-where and in the County and Hundred where I reside For not to look back to the last yeers free-quarter taken on us though we duly paid our Contributions In April and May last past since this very Tax imposed for taking away Free-quarter Colonel Harrisons Troopers under the command of Captain
this illegall Tax Upon all these weighty Reasons and serious grounds of Conscience Law Prudence which I humbly submit to the Consciences and Judgments of all conscientious and Judicious persons whom they do or shall concern I am resolved by the assistance and strength of that 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 the ruine of my greatest enemies and Opposers to oppugne this unlawfull Contrbution and the payment of it to the uttermost in all just and lawfull wayes I may And if any will forcibly levie it by distresse or otherwise without Law or Right as Theeves and Robbers take mens goods and Purses let them doe it at their own utmost perill I trust God and men will in due season do me justice upon them and award me recompence for all their injuries in this kinde or any sufferings for my Countries Liberties How ever fall back fall edge I would ten thousand times rather loâ—…e life and all I have to keep a good conscience and preserve my native Liberty then part with one farthing or gain the whole world with the losse of either of them and rather die a Martyr for our Ancient Kingdom then live a Slave under any new Republick or remnant oâ—… a broken dismembred strange Parliament of Commons without King Lords or the major part of the Knights Citizens and Burgesses of the Realme in being subject to their illegal Taxes and what they call Acts of Parliament which in reality are no Acts at all to binde me or any other subject to obedience or just punishment for Non obedience thereunto or Non-conformity to what they stile the present Government of the Armies modeling and I fear the Jesuites suggesting to effect our Kingdoms and Religions ruine WILLIAM PRYNNE SWAINSWICK June 16 1649. PSAL. 26. 4 5. I have not sate with vain persons neither will I go in with Dissemblers I have hated the Congregation of evill doers and will not sit with the wicked FINIS A POSTCSRIPT SInce the drawing up of the precedent Reasons I have met with a printed Pamphlet intituled An Epistle written the 8th day of June by Lieutenant Colonel John Lilburn to Master William Lenthal Speaker to the remainder of those few Knights Citizens and Burgâ—…es that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster as most fit for his and his Masters designes to serve their ambitious and tyrannicall ends to destroy the good old Laws Liberties and Customs 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 stile themselves The Conservators of the Peace of England or the Parliament of England intrusted and authorized 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 hundred or thousand part of them authorized Thomas Pride with his Regiment of Souldiers to chuse them a Parliament as indeed it hath de facto done by this PRETENDED MOCK-PARLIAMENT And therefore it cannot properly be called the Nations or Peoples Parliament but Col. Prides and his Associates whose really it is who although they have beheaded the King for a Tyrant yet walk in his oppressingest steps if not worse and higher In this Epistle this late great champiâ—…n of the House of Commons and fitting â—…cto's Supremacy both before and since the Kings beheading who with his Brother a 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 formall and legall 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 Personall Treaty as he and they print and boast in b this Epistle and other late Papers 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 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 immediatly before their late march to London to purge the House and after at White-hall commonly stile themselves the pretended Parliament even before the Kings beheading a MOCK PARLIAMENT a MOCK POWER a PRETENDED PARLIAMENT 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 reall 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 Sword-men whom we had already found to be men of no very tender consciences If then these leading swaying members of the new pretended purged Commons Parliament and Army deemed the Parliament even before the Kings beheading a Mock-parliament a mock-power a pretended Parliament yea no parliament at all and absolutely resolved to pull it up by the roots as such then it necessarily follows First That they are much more so after the Kings death and their suppression of the Lords House and purging of the Commons House to the very dregs in the opinions and consciences of those now sitting and all other rationall men And no wayes enabled by Law to impose this or any other new Tax or Act upon the Kingdom creating new Treasons andâ—…Penalties Secondly that these grand saints of the Army and Stearsmen of the Pretended Parliament knowingly sit vote and act there against their own judgements and consciences for their own private pernicious ends Thirdly that it is a baseness cowardize and degeneracy beyond all expression for any of their fellow-members now acting to suffer these Grandees in their Assembly Army to sit or vote together with them or to enjoy any Office or command in the Army or to impose any tax upon the People to maintain such Officers Members Souldiers who have thus
it 's limited time in all its splendor of glory without the awe of armed mâ—…n 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 void of reason as to call Tho. Prides pittifull Junto A PARLIAMENT especially those that callâ—… 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 tâ—…mult of a company of a few disorderly Apprentices And being no representative of the People much lesse 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 Lawes 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 Cromwell and Ireton Now if their own late confederates and creatures argue thus â—…n print against their continuing a Parliament Jurisdiction Proceedings Taxes and arbitrary pleasures should not all others much more doe it and oppose them to the utmost upon the 〈◊〉 same ends Fifthly He there likewise affirmes (g) that those now fitting at Westminster have perverted the ends of their trusts then â—…ver Strafford did 1. In not easing the people of buâ—…encreasing their greivances 2 In exhausting their Estates to maintain and promote pernicious Designes to the peoples destruction The King did it by a little Ship-mony Monopolies but since they began they have raised and extoâ—…ted more mony from the People and Nation then half the Kings since the Conquest ever did as particularly 1. By Excise 2 Contributions 3 Sequestrations of lands to an infinite value 4. Fift part 5 Twentyeth parts 6 Meal-mony 7 Sale of plundered goods 8 Loanes 9 Benevolencies 10. Collections upon their fast days 11 New impositions or customs upon Merchandize 12 Guards maintained upon the charge of private men 13 Fiâ—…ty 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 King Queen Prince Duke 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 month and when they have gathered it pretendingly for the Common-wealths use divide it by thousands and tenn thousands a peece amongst themselves and wipe their mouthes 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 profitablâ—…st Places of the Kingdom among themselves Therefore when I seriously consider how many men in Parliament and elsewhere of their Associates that â—…udge 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 fourâ—… 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 only of the people of the world as they call them but also of the precious redeemed lambs of Christ are ready to starve for want of bread I cannot but wonder with my self whether they have any conscience at all within them or no and what they think of that saying of the spirit of God That whoso hath this worlds goods and seeth his brother hath need and shutteth up his bowels of compassion from 〈◊〉 which he absolutely doth that any way takes a little of his little from him how dwelleth the love of God in him 1 Iohn 3. 17. These actions and practices are so far from being like the true and reall children of the most High that they are the highest oppression theft and murther in the woâ—…ld to rob the poor in the day of their great distresse by Excise Taxations c. to maintain their pomp superfluities and debâ—…ry when many of those from whom they take it do perish and starve with want hunger in the mean time and be deaf and Adamant-hearted to all their TEARES CRYES LAMENTATIONS MOURNFUL HOWLINGS GROANES Without all doubt these pretended Godly Religious men have got a degree beyond those Atheists oâ—…Fools that say in their hearts there is no God Psal. 14. 1. and 53. 1. 3. In quite destroying the peoples essentiall Liberties Laws and Freedoms in leaving them no Law at all as M. Peters their grand Teacher averâ—…ed lately to my face we had none but their meer will and pleasures saving Fellons Laws or Martiall Law where new Butchers are both Informers Parties jury men and judges who have had their hands imbrewed in blood for above seven these years together having served an apprentiship to killing of men for nothing but money and so are more blooâ—… then Butchers that kill sheep and calves for their own livelihood who yet by the Law of England are not permitted to be of any jury for life and death because they are conversant in sheddidg of blood of beasts and thereby through a habit of it may not be so tender of the blood of men as the Law of England Reason and justice would haâ—…e them to be Yea do not these men by their swords being but servants give what Laws they please to their Masters the pretended Law-makers of your House now constituted by as good and legall a power as he that robs and kills a man upon the highway And if this be the verdict of their own Complices Partizaâ—…s concerning them their proceedings especially touching their exhausting our Estates by Taxes and sharing them among themselves in the time of famine and penury is the great Officers of the Army and Treasurers who are Members now doe who both impose what Taxes they please and dispose of them to themselves and their creatures as they please contrary to the practice of all former ages and the rules of reaâ—…on and justice too are not all others bound by all bonds of conscience Law Prudence to withstand their impositions and Edicts unto death rather then yeild the least submission to them Sixthly He there avers proves and offers legally to make good before any indifferent Tribunal that the (h) Grandees and over-ruling Members of the House and Army are not only a pack of dissembling Jugling Knaves and Machevillians amongst whom in consultation hereafter he would ever scorn to come for that there was neither