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A91207 A legal vindication of the liberties of England, against illegal taxes and pretended Acts of Parliament, lately enforced on the people: or, Reasons assigned by William Prynne of Swainswick in the county of Sommerset, esquire, why he can neither in conscience, law, nor prudence, submit to the new illegal tax or contribution of ninety thousand pounds the month; imposed on the kingdom by a pretended Act of some Commons in (or rather out of) Parliament, April 7 1649. (when this was first penned and printed,) nor to the one hundred thousand pound per mensem, newly laid upon England, Scotland and Ireland, Jan. 26. 1659 by a fragment of the old Commons House, ... Prynne, William, 1600-1669. 1660 (1660) Wing P3998; Thomason E772_4; ESTC R207282 74,956 90

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him secluding all the rest by armed power make themselves an absolute standing Parliament for him his heirs and successors by vertue of this act than those few Commons sitting since his tryal death do or can do 6. The last clause of this act And that all and every ●●ing or things whatsoever done or to be done to wit by the King or His Authority for the adjournment proroguing or dissolving of this present Parliament contrary to this present Act shall be utterly void and of none effect Now death and a dissolution of this Parliament by the Kings death cannot as to the King be properly stiled a Thing done or to be done by Him for the adjournment proroguing or dissolving of this Parliament contrary to this present Act which cannot make the Kings death utterly void and of none effect by restoring him to his life again Therefore the dissolution of the Parl. by the Kings death is cleerly out of the words and intentions of this Act especially so many years after its Enacting 7. This present Parl. every Member thereof being specially summoned by the Kings Writ by the particular name of CAROLVS REX not REX in general only to be His Parliament and Council and to confer personally with Him of the great and urgent affairs concerning Him and His Kingdom not his Heirs and Successors and these Writs and the Elections upon them returned unto Him and His Court by Indentures and the persons summoned and chosen by vertue of them appearing only in His Parliament for no other ends but those expressed in His Writs it would be both an absurdity and absolute impossibility to assert that the King or both Houses intended by this Act to continue this Parliament in being after the Kings beheading or death unlesse they that maintain this paradox be able to inform me and those now sitting how they can confer and advice with a dead beheaded King of things concerning Him and His Kingdom and that even after they have abjured his Heirs and Successors and Royal line and extirpated Monarchy it self and made it Treason to assert or revive it and how they can continue still His Parliament and Council whose head they have cut off and that without reviving or raising him from his grave or enstalling His right Heir and Successor in His Throne to represent His Person neither of which they dare to do for fear of losing their own Heads and Quarters too for beheading him This Tax therefore being imposed on the Kingdom long after the Kings beheading and the Parliaments actual and legal dissolution by it must needs be illegal and meerly void in Law to all intents because not granted nor imposed in but totally out of Parliament by those who were then no Commons nor Members of a Parliament and had no more authority to impose any Tax upon the Kingdom than any other forty or fifty Commoners whatsoever out of Parliament who may usurp the like Authority by this president to Tax the Kingdom or any County what they please yea the whole 3. Kingdoms of England Scotland and Ireland as they now presume and then levy it by an Army or force of Armes to the peoples infinite endlesse oppression and undoing This is my first and principal exception against the Legality of this Tax and others they shall impose which I desire the Imposers and Levyers of it most seriously to consider and challenge them all to Answer if they can for our 3. Kingdoms present and posterities satisfaction by other Arguments than Imprisonments close Imprisonments Pistols Swords and armed violence and that upon these important considerations from their own late Declarations First themselves in their own Declaration of the 9th of February 1648. have protested to the whole Kingdom That they are fully resolved to maintain and shall and will uphold preserve and keep the fundamental Laws of this Nation for and concerning the preservation of the Lives Properties and Liberties of the people with all things incident thereunto Which how it will stand with the former and this new Tax imposed by them out of Parliament or in a thin House under force or their Act concerning New Treasons I desire they would satisfie the Kingdom before they levy the one or proceed upon the other against any of their fellow-Subjects by meer arbitrary armed power against Law and Right Secondly Themselves in their Declaration expressing the grounds of their late proceedings and setling the present Government in way of a Free-State dated 17 Martii 1648. engage themselves 1. To procure the well-being of those whom they serve to renounce oppression arbitrary power and all opposition to the Peace and Freedom of the Nation And to prevent to their power the reviving of Tyranny Injustice and all former evils the only end and duty of all their Labours to the satisfaction of all concerned in it 2. They charge the late King for exeeeding all his Predeoeessors in the destruction of those whom he was bound to preserve To manifest which they instance in The Loans unlawfull Imprisonments and othec Oppressions which produced that excellent Law of the Petition of Right which were most of them again acted presently after the Law made against them which was most palpably broken by him almost in every part of it very soon after his Solemn Consent given unto it 1 His imprisoning and prosecuting Members of Parliament for opposing His unlawfull Will and of divers 2 worthy Merchants for refusing to pay Tonnage and Poundage because not granted by Parliament yet 3 exacted by HIM expresly against Law punishment of many 4 good Patriots for not submitting to whatsoever he pleased to demand though never so much in breach of the known Law The multitude of Projects and Mouopolies established by Him His design and charge to bring in 5 German-Horse to awe us into slavery and his hopes of compleating all by His grand project of 6 Ship-mony to subject every mans Estate to whatsoever Proportion He pleaseth to impose upon them But above all the English Army was laboured by the King to be engaged against the English Parliament A thing of that 7 strange impiety and unnaturalness for the King of England to sheath their swords in one anothers bowels that nothing can answer it but his own being a Foreiner neither could it have easily purchased belief but by his succeeding visible actions in full pursuance of the same As the Kings coming in person to the 8 House of Commons to seise the five Members whither he was followed 9 with some hundreds of unworthy debauched persons armed with Swords and Pistols and other Arms and they attending at the Door of the House ready to execute whatsoever their Leader should command them The oppressions of the Council-Table Star-Chamber High-Commission Court-Martial Wardships Purveyances Afforestations and many others of like nature equalled if not far exceeded now by sundry arbitrary Committees and Sub-Committee to name no
of mony must of necessity be speedilie advanced and procured for the relief of his Majesties Army and People not his Heirs or Successors in the Northern parts c. And for supplie of other his Majesties present and urgent occasions not his Heirs or Successors future occasions which cannot be so timely effected as is requisite without credit for raising the said monies which credit cannot be attained untill such obstacles be first removed which are occasioned by Fears Iealousies and Apprehensions of divers of his Majesties Royal Subjects that the Parliament may be adjourned prorogued or dissolved not by the Kings sodain or untimelie death of which there was then no fear jealousie or apprehension in any his Majesties loyal Subjects but by his royal Prerogative and advice of ill Counsellors before Justice shall be duly executed upon Delinquents then in being not sprung up since publique Grievances then complained of not others introduced since this Act redressed a firm peace betwixt the two Kingdoms of England and Scotland concluded and before sufficient provisions be made for the repayment of the said Monies not others since borrowed so to be raised All which the Commons in this present Parliament assembled having duly considered do therefore humbly beseech your Majestie that it may be declared and enacted c. All which expressions related TO HIS late Majestie onlie not to his Heirs and Successors and the principal scope of this Act being to gain present credit to raise monies to disband the Scotish and English armies then lying upon the Kingdom manie years since accomplished yea Justice being since executed upon Strafford Canterbury and other Delinquents then impeached the publick Grievances they complained of as the Star-Chamber High-Commission Ship-mony Tonnage and Poundage Fines for Knighthood Bishops Votes in Parliament with their Courts and Jurisdictions and the like redressed by Acts soon after passed a firm peace between both Nations concluded before the Wars began and this preamble's pretensions for this Act all fullie satisfied divers years before the Kings beheading it must of necessity be granted that this Statute never intended to continue this Parliament on foot after the Kings decease especially after the ends for which it was made were all fully accomplished and so it must necessarily be dissolved by his Death Fourthly This is most clear by the body of the Act it self And be it declared and enacted by the King our Soveraign Lord with the assent of the Lords and Commons in this present Parliament assembled and by the authority of the same That this present Parliament now assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose nor shall any time or times during the continuance thereof be prorogued or adjourned unless it be by Act of Parliament to be likewise passed for that purpose And that the House of Peers shall not at any time or times during this present Parliament be adjourned unlesse it be by Themselves or by their own order And in like manner that the House of Commons shall not at any time or times during this present Parliament be adjourned unlesse it be by Themselves or by their own order Whence it is undeniable 1. That this act was only for the prevention of the untimely dissolving Proroguing and adjourning of that present Parliament then assembled and no other 2. That the King himself was the Principal Member of his Parliament yea our Soveraign Lord and the sole declarer and enacter of this Law by the Lords and Commons assent 3. That neither this Act for continuing nor any other for dissolving adjourning or proroguing this Parliament could be made without but only by and with the Kings Royal assent thereto which the Lords and Commons assembled in Parliament in their * Remonstrance of the 26. of May 1642. oft in terminis acknowledge together with his Negative Voyce to Bills 4ly That it was neither the Kings intention in passing this Act to shut himself out of Parliament or create both or either House a Parliament without a King as he professed in his {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} c. 5. p. 27. Nor the Lords nor Commons Intendment to dismember him from his Parliament or make themselves a Parliament without him as their foresaid Remonstrance testifies and the words of the Act import Neither was it the Kings Lords or Commons meaning by this Act to set up a Parliament only of Commons much lesse of a remnant of a Commons House selected by Colonel Pride and his Confederates of the Army to serve their turns and vote what they prescribed without either King or House of Peers much lesse to give them any super-transcendent authority to vote down and abolish the King and House of Lords and make them no Members of this present or any future Parliaments without their own order or assent against which so great usurpation and late dangerous unparliamentary encroachments this very Act expresly provides in this clause That the House of Peers wherein the King sits as Soveraign when he pleaseth shall not at any time or times during this present Parliament be adjourned much less then dissolved excluded or suspended from sitting or voting which is greater and that by their inferiours in all kinds a Fragment of the Commons House who can pretend no colour of Jurisdiction over them before whom they alwaies stood bare-headed like so many Grand-Jury-men before the Judges and attended at their Doors and Bar to know their pleasures unlesse it be by Themselves or by their own Order 5. That neither the King Lords nor Commons intended to set up a perpetual Parliament and intail it upon them their heirs or successors for ever by this act which would cross and repeal the Act for triennial Parliaments made at the same time and on the same * day in Law but to make provision only against the untimely dissolving of this till the things mentioned in the Preamble were accomplished and setled as the Preamble and these oft repeated words any time or times during the continuance of this present Parliament concludes and that during His Majesties reign and life not after his death as these words coupled with The Relief of his Majesties Army and People and for supply of his Majesties present and urgent occasions in the Preamble manifest Therefore this Act can no waies continue it a Parliament after the Kings beheading much lesse after the forcible exclusion both of the King and Lords House and majority of the Commons out of Parliament by those now sitting contrary to the very letter and provision of this act by which device the King alone had he conquered and cut off or secluded by his forces the Lords and Commons Houses from sitting might with much more colour have made himself an absolute Parliament to impose what Taxes and Laws he pleased on the people without Lords or Commons or any 40. of the Commons House or any 7. or 8. Lords concurring with