ENGLANDS present Case stated IN A further Remonstrance of many thousands of the Citizens Housholders Freemen and Apprentizes of the City of LONDON agreeing with the sence of the major part of the People of this NATION â—artly occasioned by the late Proclamation for the convening of a Parliament by the arbitrary Will and power of Charles Lord Fleetwood Bulstrod Lord Whitlock Desborough and some others of the Military Officers at Wallingford House and elsewhere tending to the utter subversion of the Rights Liberties and Priviledges of Parliaments Governments Laws Freedoms and Proprieties of the Free people of the Nation Against which they do protest Wherein the arbitrary unparallel'd proceedings of the Army and their adherents since 1641. to this time their dissolving of all Parliament Powers and Governments to perpetuate themselves are discussed and discovered With several serious Proposals and Expedients for the speedy composure of all Interests and Differences setling the Nation in Peace and Unity upon a righteous Foundation to prevent the spilling of more English Bloud As also a Declaration to live and die with the Generals by authority of Parliament and the City of London in Defence of the Parliament Laws City and Nations and the Rights Priviledges Liberties Freedoms and Proprieties of the free People against all persons whatsoever that shall Declare or Act against the same or exercise an arbitrary illegal Power in imprisoning or levying of Taxes Excise Custom Free-quarter or otherwise without authority of Parliament Printed Anno Domini 1659. ENGLANDS Present Case Stated CHARLS late King of England in the Year 1640. did summon a Parliament consistting of two Houses of Lords and Commons to do and consent to those things which should happen to be ordained by Common consent of the King Lords and Commons by Common Council of the Realm concerning certain arduous and urgent affaires touching the Defence State Crowns of the King and his Kingdome and of the Church of England To bear faith and true Allegiance to the King his Heirs and Successors and him and them to defend with all rights and jurisdictions annexed and belonging to the Imperial Crown of England against all attempts and conspiracies whatsoever Withall which the Writs themselves Returns Oathes Protestation League Covenant Declarations Votes and Remonstrances of both Houses of Parliament submitted unto sworn engaged to maintain by all the people of England besides the Oathes of Supremacy and Allegiance do agree and solemnly bind them to the performance thereof Quer. 1 Quer. 1. Who can absolve and nullifiie these Oathes by the Laws of God and man and how well the same have éen observed by the Army the Authors of all our troubles though many of them have béen and continue great professors of and pretenders to Religion is submitted to the consideration of the Nations and whether the Army who were the Authors and Promoters and forcible Compellers of the breaches thereof have not committed hainous perjuries and involved the people in a National sin not to be pardoned by the Laws of God and Man without cordial contrition and actual satisfaction and reparation with amendment of their lives and conversations for the time to come King Charles That commoned the said Parliament died a violent death by the hands of his own subjects servants the Army as an Offendor some of them declaring against his office some against his misgovernment and promising Reformation in Church and State wherein we judge the Army the Active and the Parliament the Passive power who were forced to yield unto and comply with them therein Quer. 2 Quer. 2. Whether those that ruled since under the Army were not guilty of far more hainous sins and trangressions then these for which they impeached their KING Quer. 3 Quer. 3. Whether they have not since set up a single Person who with his adherents were guilty of more arbitrarines and tyranny then the virulency of their Pens and malice of their Tongues could impeach their lawful Soveraign Quer. 4 Quer. 4. What Reformation have been since wrought in Church and State as was promised to the Nations Or rather are not the Nations Impoverished by the Ambition pride and Covetousness of those that siâ—ce Usurped the Supream power having consumed many Millions of Money besides the spilling the Blood of so many thousands Christian English Freemen the Arbitrary and wrongful imprisonment of their persons Imbezelling and Robbing them of their Goods the Destruction of the Trade Honour and Interest of the Nations both at home and abroad and all these evils wrought by an Apostatized Ambitious Deceitful over-ruling part of the Army 5. Whether by the Death of the late King Charles the said Parliament which were called by his writ to consult and advise with him being the head and one of the thrée Estates which make a Parliament were ipso facto dissolved And whether after his death they had any power to sit or make Laws which require the royal consent of the King for if the head be cut off how can the Body live or act and with whom could they treat consult or advise 6. If so What power Oliver Cromwel or Richard his Son and their awherents being common Subjects of the Nation had to call Parliaments or make Laws since neither of them did pretend Title to the Crown and therefore may not bear the favourable stile of Usurpers or Kings de factor But rather ought to bear the names of unparallelled-unpardonable Traitors meriting exemplary condigne punishment de jure and therefore of what validity are their Acts and Ordinances 7. What legal power hath Charles Fleetwood John Lambert or Bulstrode Whitlock Desborough or any others of their confederacie to call a Parliament 8 If they call a Parliament as souldiers who will obey them or how may they be submitted unto without giving up the rights liberties and priviledges and birth-rights of the people of the thrée Nations to a few inconsiderable persons in Armes against whom General Monck Admiral Lawson the City of London and aswell the two Houses of parliament sitting in 1640. as the remainder of the parliament that last sat do protest against and declare them Rebels and Traytors by the Laws of the Nation and every one of the said great Bodies remaining Authorities and powers appear more considerable and have greater right therein in the judgement and opinion of the Major part of the people of the thrée Nations and greater estates and fortunes to answer for their actions then these few persons that assume to themselves this Regal Magisterial and Legislative power 9. Consider the ill consequence of the Nations condiscention and submission to such a Call since it procéeds from a party or faction in an Army who have béen the instruments to put their Lawful King to Death Subverted Dissolved and interrupted all that boar the name of Parliaments ever since they left their own Call and whereunto they have submitted and received their Commissions from them and in the face of the Nations
promised to yieldobedience unto them and all this evil carried on to perpetuate themselves and posterity in an Arbitrary Military tyrannical power over our lives persons and estates under the many specious false pretences of Reformation Religion Freedom Liberty of conscience securing our civil and spiritual rights which they every day destroy and deprive us of who are now necessitated to call a Parliament for the safety of themselves or rather nine field Officers against their own wills and dispositions to amuse and silence the Nation and hold the hands of the people from executing Gods wrath and vengeance on them until they arm and strengthen themselves with the basest and most sordid sort of the people in hops of the plunder of the City and Nation persons destructive to all Governments Civil societies Rights and proprieties and when they have fortified themselves with these miscreants and hirelings they will according to their wonted practise either dissolve this parliament now intended to be convened if they cannot by their factious partial Sheriffs Sword-men and loose adherents form them according to their own unlymitted unsetled wills pleasures or otherwise seclude all those that are not for their profit interest by colour of their pocket dormant exceptions fundamentals restrictions and qualifications already prepared to be provided for the purpose notwithstanding their sugered pretence of a Free Parliament never by them iâ—teÌ„ded being a constitution really astablished far more destructive to them then the last parliament whose readmission they fear well knowing their guilt and that the Parliament know also how well they kéep their Oaths Faith and promises according to that old verse Nulla fides pietasque viâ—is qui castra sequntur And those that shall have leave to sit shall serve only for these purposes viz. 1 To pase an act of Indempnity for all their former evill doings and breaches of faith and trust and for what ever more Villanies shall be committed by them or their Party for the time to come and to have a standing perpetuall Committee for that purpose 2 To Vote this Part of the Army that call them the everlasting Army to hold and continue these severall Mllitary commands now assumed by themselves and given to one another during their lives and to intail the same with a Continuando to posterity being one of their Ungratious Trayteerous Shameless Fundamentals 3 To lay heavy unsupportable Taxes and Impositions on the poor afflicted oppressed thred bare Nation now lying under that unsufferable burthen of free quarter against all Law and Conscience being one of the great Crimes wherewith they charged the late King and the Earle of Strafford and others and took away their Lives on pretence of being guilty thereof and for which these Arminians Anabaptistarians and wicked Traytors ought to die the common death of Traytors Thieves and Murtherers by the Laws of the Nation 4. To take away Tyths Ministers and Ministry with the Universities and to bring the Tyths Church-Revenues Colledge-pensions and all Charitable Gifts into a publique Treasury for the maintenance of these Legislators whilest the Learned Ministers of the Nation go begging and in their stead to appoint a few Mechanick ignorant Emissaries to preach up the Army Doctrines and Interests after the rate of 20 l. per annum as they have already practiced in Wales and other remote parts of the Nation 5. To take away the Law Professors and profession thereof sequester all the rich Offices and places belonging to Courts of Justice being the officers Freeholds into their own hands under pretence of regulation of the Laws which they neither understand nor intend to obey that the Nations may be governed by their own arbitrary wills and pleasures and nothing left to secure Propriety Interest Priviledge Freedom or Liberty of the people But the Lord have mercy upon us 6. To grant Liberty of Conscience to themselves and all of their own party and no others to violate all Laws Oaths Covenants Vows Promises Protestations Declarations and all that is called sacred and to walk after their own pride lust and avarice and to grant liberty to all others to labour and work for them as their slaves and vassals and to endure all manner of ignominious reproches punishments imprisonments poverty and death it self for which the people shall be bound to prvy as the onely remedy to rid them from their unsufferable slavery and bondage 10. It it map not be yet seasonable to ask Honcurable Person the L. Whitlock by what Authority he doth so highly adventure to call a Parliament whether by Authority of the Army Officers at Wallingford House or by vertue of the Act of King Lords and Commons of 16 Car. as Lord keepper of the great Seal of England and to consider the consequence thereof and the punishments appertaining to any that shall counterfeit the great Seal and assume to themselves so great an Authority being as high a Treason as may be 11. If by power of the Military Officers then he is desired to consider who gave them Commissions whether they that gave them their Commissions those from whom they derive their Authority have not been twice interrupted kept out and secluded by their dutiful servants and how perilous it is for his Lordship being an Eminent member of the Law to indanger his own Person and Estate the Liberties Laws and Priviledges of the whole Nation to satisfie the Lusts and boundless siekle wills of those Military Changlings he now seems to serve méerly for self perservation and the Custody of the Seal 12. If as Lord Keeper he issues forth writs then who Commissionated him sure the King did never impower him and if he did his Commission determined with his death whereto he contributed and we are sure be bare not own a Commission from his Son 13. If from the Parliament in 1648 1653 and 1659. Then certainly either they are a Parliament still or he is no Lord Keeper and why he should bury his Masters and Fellow Members alive a reason is humble demanded when as Commissionated by the last Parliament he had two equally trusted with him by the names of Lords Commissioners and not Lord Keepers viz. the Lord Widdrington and Lord Keeble who are both alike And it is not amisse to put his Lordship in remembrance that Oliver Cromwell did since change these Commissioners and appointed the Lord Fines and the Lord Lisle President of the High Court of Justice and his Lordship was at last added to them Lord keepers And the last Parliament appointed the Lord Bradshaw Lord Terrill and Lord Fountain Lords Kéepers and how the Lord Whitlock came by the Seal and the single Office of Lord Keeper is worthy the Inquiry But how he comes to issue forth Writs for a Parliament to be chosen and held the 24 of January next deserves a greater Examination 14. If by colour of the Act of 16 Car. Then whether the thrée years time be not lorg since elapsed
since the first Dissolution of the last Parliament in 1648 or 1653 by the Death of the King secluding and interrupting the remaining Members and some persons deserve to be punished for not Issuing forth Writs according to the said Act in so many years Elapsed 15. Whether we are not far Short of the thrée years if the Act shall be construed to commence from the dissolution of Oliver or Richards last Parliaments who at the passing of the said Act had little hopes or probability to usurp the Regal Legislative Power at least wise were not intended by King Charles or his Parliament to be their Successors in the Execution of the Legislative Power 16. If a Parliament be called according to the Act of 16 Car. then no exceptions or Provisions must be made nor any secluded or excluded from discharging their Trusts in Parliament for being new Christned by the names of Cavaliers Delinquents Boothonians Episcoparians Presbiterians Independents Anabaptiâ—ts Fift-monarchy-men Quakers c. But it must be a Free Parliament indéed and no person to be exempted or expelled but for good and legal cause by Judgement of his Fellow Sumoners and not by a Council of Officers who can hardly hope for pardon from such a Parliament 17. We must not only by the said Act have a House of Commons but also a House of Lords And the King in whose name the Writ must Run and by his Authority the Parliament called ought to come in to make it a Free and compleat Parliament and how shall such a parliament be called without a King and you wil say how shal the King as the case now stands be called without a parliament And so by consequence no Parliament no King no King no free Parliament no Free parliament no Money no Money no Army and at last the Legislative power by Extraordinary providence may revert and devolve it self into the hands of the people the first Donors and legal owners thereof to whom of right it justly belongeth and from whom all the Legislative power originally was still ought to be derived 1. For that the Lord Keepers and Commissioners of the Great Seal who were by the said Act of the 16. Car. to call triennial Parliaments did not issue forth Writs for that purpose 2. The Peers and Nobles did not call a Parliament according to that Act whereby they highly violated the trust therein reposed 3. The Sheriffs violated their trusts who on Default of the persons aforesaid were to Summon the Freeholders and Burgesses to choose their Representatives 4. The people themselves by the said Act on faile made by all the said persons so intrusted were to meet at a certain time therein prefixed to choose their Representatives which they have neglected whereby the tenor and effect of the said Act hath not been observed and put in force so that there have been great neglects and failings in all parties and persons concerned and intrusted by the said Act. Therefore for the reconciling of all Parties composing of all Differences Reformation of all Abuses and what is amiss in Church and State and establishing a firm lasting and righteous Setlement Peace Unity and Amity in the three Nations It is humbly proposed as the best expedient to the present exigencies of the Nation That the Parliament lately interrupted 13 October last be invited incouraged and protected to Sit again being de facto the last remaining authority of the Nation twice intrusted therewith and the three Nations submitting thereunto as the supreme authority from whom all Commissions Millitary and Civil are now derived and all Writs issue by their act in the Name of the Keepers c. and that they doe call in their Fellow Members secluded by the army who have not forfeited their places and freedoms which we submit to the judgement of Parliament and issue forth Writs for the Election of Knights and Burgesses to fill up all vacant places whereby the Nations may be governed by their own Representatives in a full and free Parliament whereunto all persons as well as our selves will most readily submit and acquiesce in their Councels Determinations which we desire may be effectually imployed more particularly for these further ends 1. To establish a righteous Government and an equal Representative and future Succession of parliaments and a prefixed time appointed for the Dissolution of this Parliament 2. To setle countenance and protect a Godly Learned and Orthodox Ministry in the Nations with provision for Liberty of Conscience to others of different opinions and perswasions and such restrictions as may also prevent the disturbance of the Government in Church and State by abusing the liberty so granted unto them 3. To regulate the Laws of the Nation whereby the same may be less chargeable and dilatory to the people then heretofore they were exercised 4. To secure our Lives Liberties Properties Priviledges and immunities by a confirmation of Magna Charta and the petition of right and other Laws such other additional Laws to be made as shall be thought necessary to preserve the Nations from Arbitrarious tyranny and oppression 5. To revive our decayed trade and Navigation and regain our lost credit Peace Traffick and interest with forrein Princes and States 6. To indempnisie and pardon all the Souldiers and such and so many of their Officers and others for their many breaches of trusts and high infringments of the priviledges of Parliament and known Laws of the Nation as may be consistent with the future peace of the Nation and the honor and security of the Parliament against the like attempts for the future 7. To take all possible speedy and effectual course for satisfying the Arrears of the Army other then such as shall be exempted from pardon wherein we submit our selves to their Wisedome Justice and Clemency and that the Nations hereafter may be Governed by the Civil power by their own Representatives eased of their great burthens and taxations and freed from the former oppression and slavery the Nation groaned under the Military and Arbitrary unlimitted powers lately exercised over them 8. That the people of the Nation may be intrusted with their own Arms for the publick defence of the Nation and the Army reduced to such a convenient number as may be useful only for security of the peace of the Nation And that the Parliament would intrust in places of command such persons only as are obedient to authority and behave themselves conformable to the commands of the Parliament and that as much as in them lyeth persons of unstable Fanatick Spirits Enemies to civil Governments and of itching dispositions and principles to change and overturn Governments may not be intrusted with the Arms Garrisons Forts and power of the Nations If these things be not speedily granted and the Lord Whitlock and such of the Army who countenance and imploy him to call a Parliament by pretence of the order of the Committee of Safety whose authority we utterly renounce shall persevere therein after the space of 48 Hours from the publication hereof 1. We do hereby protest against their proceedings therein as arbitrarily unwarrantable and trayterously done without any colour of Law and legal Authority to Delude Insnare and Inslave the free people of this Nation with false pretences of a Free Parliament with an absolute intention in the interim to List and Arm the most Vile Wicked wretched poor sordid Sectaries and Vermines of prey in the Nation 1. To Disarm us 2. To Murther us 3. To possess themselves of our Estates and Fortunes 2. We Declare in case the said Charls Fleetwood Lord Whitlock and Army-Officers or any other persons do continue in their evil purposes aforesaid That we shall not like Dogs bark at or bite the stone viz. the Redcoat But look on the grand Officers Instruments and carriers on of these Trayterous Designs against the Parliament and Nation and post and publish their names with their crimes and punishments to be inflicted on them and shall offer and pay 1000 l. sterling for the HEAD of every such grand Traytor so to be proclaimed and published to any noble Hero that shall venture his life to redeem his Countrey from slavery and bring in the same with an assurance of other Marks of Honour and Reward to all that shall contribute their assistance therein being a legal and warrantable practice when Traytors and Malefactors are become so strong and hardy as to protect themselves by Force against the Power of the â—â—ws of the Nation wherein they live 3. We declare against all persons whatsoever that shall presume to Tax Levy Colleâ—â—… 〈…〉 or cause to be Levied or gathered any Tâ—xes â—â—â—â—â—…sitions Customs Excise Sum or Sums of Money whatsoever by any pretence or to any use whatsoever other then by Act and authority of Parliament and likewise declare against all persons that shall labour to impose free Quarter on the free people of the Nation without their own consents or the consent of the Representatives of the respective Ciries Tow s and Counties of England in Parliament Assembled And if any shall transgresse herein we shall deem them Traytors by the Known Laws of the Nation by force resist them and apprehend their persons wherby they may be proceeded against as Traytors and Rebells According to the known Laws of the Nation And we doe invite and incourage all the good people of the Nation to joyne with us herein and not to pay them any publique or other moneys remayning in their hands or give obedience to any person or persons that shall require or Demand the same unles by Authority of Parliament And we shall with our lives and fortunes joyne in the protection and defence of each other against the offenders aforesaid in endeavouring the effecting of the matters and things herein before declared for 4. We do further Declare that we shall with our Lives and Fortunes joyn with and assist the Generals by Authority of Parliament particularly the Lord Monck Admiral Lawson Sir Arthur Haslrick Colonel Morley Gol Waulton Lieut. General Ludlow Major General Overton with the City of London Nation in defence of the Parliament City and the Laws and Priviledges thereof and the Rights Priviledges Liberties Freedoms and Proprieties of the Free people of this Nation against all persons whatsoever that shal Declare or Act against the same FINIS