the next prescribed Fast by those in power might be only this which God here requires and that it might be so sincerely really effectually performed by the Prescribers of it that God himself and all the three Nations may joyntly attest of them That they are just ruling in the fear of God On Tuesday the 26 of September last 1654. there was this Ticket left at my house at Swainswick directed to no particular person named in it or indorsed on it You are to appear at the Grey-hound in Bath on Tuesday next by ten of the Clock in the fore-noon to make entry of what quantity of HOPS YOV HAD GROWING THIS PRESENT YEAR AND TO PAY THE DVTY OF EXCISE FOR THE SAME 25 September 1654. Thomas Peeres Sub-collector Hereupon repairing to the Lecture at Bath the next morning and carrying with mee this Ticket and such Parliamentary Judgments and Declarations against Excise as are hereafter specified which I drew up in writing as here I present them to the publique I sent for the Sub-collector to the Inn where the Ordinary for the Lecture is kept before the Sermon began who repairing to me thither I shewed him the Ticket in a friendly manner which he owned and then informed him it was erronious and voyd in Law because directed to no particular person by name in respect of form which he confessed saying it was his mans mistake who had order to set the parties names to every severall Ticket he delivered at their houses I acquainted him that this being but a circumstance the end why I sent for him was to be satisfied by him touching the substance of his Warrant and that was to make entry of what quantity of Hops I had growing this present year and to pay the Duty of Excise for them For although I was a Lawyer and knew what Duties were by Law to be paid by my self and others yet I neither knew nor understood that EXCISE in generall much less for Hops in speciall was a duty and seeing I had many Judgements and Declarations of Parliament against it as an illegall execrable innovation and damning it for ever as such I could neither in prudence nor conscience pay it as a DVTY till hee could make it appear to mee by some true reall Act of Parliament to be so desiring him to shew me what Legall or other Authority he had to claim it as a Duty from mee To which he answered that he had nothing else to shew for or claim it by but a late Ordinance of the Protector and his Counsell at White-hall continuing the Excise till such a month in the year 1656. Which he would shew mee if I pleased To which I replied that I conceived that this would bee his answer which was no satisfaction at all to me for I was certain that by the fundamentall Laws and Statutes of the Realm and the resolutions of our Parliaments in all Ages no King of England nor his Councel-Table could ever in any age make binding Laws or impose any Tax Tallage Impost Custom Tunnage or Poundage much less Excise a stranger to our Ancestors on the Free-men of England but only a true and legal English Parliament and therefore those who condemned suppressed the late King and his extravagant Councel-Table as Tyrannicall and oppressive to the People could neither in justice nor prudence arrogate such a supertranscendent jurisdiction to themselves as to impose such Taxes as these on the whole Realm an inseparable Prerogative of our Parliaments alone as hath been resolved over and over in all ages by the * Laws of King Edward the Confessor ratified by William the Conquerour himself and by all our Kings since by a special clause in the very Coronation Oaths Lex 55. 56. 58. the great Charters of King John and Henry the third c. 29. 30. 25. E. 1. c. 5. 6. 34. E. 4. c. 12. De Tallagio 14. E. 3. Stat. 1. c. 21. Stat. 2. c. 1. 15. E. 3. Stat. 2. c. 5. 21. E. 3. Rot. Parl. N. 16. 25. E. 3. Rot. Parl. N. 16. 27. E. 3. Stat. 2. c. 2. 36. E. 3. Rot. Parl. N. 26. 38. E. 3. c. 2. 45. E. 3. Rot. Parl. N. 42. 11. H. 4. Rot. Parl. N. 10. 1. R. 3. c. 2. 22. H 8. The Petition of Right 3. Car. The Statute against Ship-mony Knighthood Customs 16. Caroli and all the statutes concerning Customs Tunnage Poundage and Purveyors in all our Kings reigns all unanimously resolving That no Tax Tallage Subsidy Ayd Loan Custom Impost Tunnage Poundage or any other payment or duty whatsoever can be imposed on or leavied from the Subject in times of War or Peace upon any pretext or necessity but only by common grant and consent of the Lords and Commons in Parliament and so resolved over and over in the Parliament of 7. 21. Jacobi and of 3. 4. 16. Caroli by many now in power And to satisfie him in point of EXCISE the thing in question I would shew him some late Judgements and Declarations of Parliament against it which I presumed would satisfactorily convince him that it was no Duty but an intollerable Oppression and detestable Innovation whereupon I read unto him these ensuing Judgements and Declarations against it 1 I shewed him that Excise was altogether a stranger and thing utterly unknown to our Fore-fathers the Name and thing being never found in any Histories or Records of former Ages in this Island The first attempt we ever finde upon Record to usher it into and set it on foot in England was in the third year of our beheaded King Charls his reign who by the advice of the Duke of Buckingham and some other evil Counsellours * granted a Commission under the Great Seal of England dated the last day of February 3. Caroli called THE COMMISSION OF EXCIZE issued to thirty three Lords and other of HIS MAJESTIES PRIVIE COVNCEL The Commissioners were thereby authorised and commanded to raise Monies BY IMPOSITIONS OR OTHERWISE as they in their wisdoms should find most convenient the causes wherefore these Monies were to be raised were expressed to be these THE DEFENCE AND SAFETY OF THE KING KINGDOM AND PEOPLE and of the Kings Friends and Allies beyond the Seas which WITHOVT EXTREMEST HAZARD OF THE KING KINGDOM AND PEOPLE and of the Kings Friends and Allies can admit of no longer delay INEVITABLE NECESSITY wherein form circumstance must rather be dispenced withall than the substance lost the Commissioners must be diligent in the service and not fail therein as they tender his Majesties Honor and THE SAFETY OF THE KING AND PEOPLE Here Salus Regni periclibatur the whole Kingdom was declared to be in danger in greater and nearer danger then any now appearing In the Parliament of 3. Caroli the House of Commons having notice given them of this Commission sent for it and upon debate thereof without any one dissenting voyce Voted and adjudged it TO BE AGAINST LAW and CONTRARY TO THE PETITION OF
and scandals raised by ill-affected persons 3 That these false reports and rumors tended much to the disservice of the Parliament 4 That the Authors of them should be searched inquired after apprehended and brought to the House as Delinquents there to receive condigne punishment What punishment then do the imposers exactors and levyers of it deserve with what face Justice Honesty conscience then can any who were parties to this Declaration after this publick disclaimer lay Excise both upon Pewter and most other commodities and justify the levying of it by force and violence as some of them soon after did and others have since presumed and continued to do verily as I at first and ever since this strange imposition much grieved at and protested to sundry of them against it in private from time to time with all earnestness and some years since penned a publick Protestation against it with an intent to print it had it not miscarried so I observed that the laying on of this strange Imposition on the people against this Declaration and the other premises was that which first and most of all alienated the peoples hearts and affections from the Parliament gave greatest scandal to their real Friends and most advantage to their Enemies and some principal promoters of it were soon after blasted in their reputations and taken out of the World by death and what sad and forcible Dissolutions and unparalleld Ruptures the real and other fictitious Parliaments since have come to on a suddain by those they most relied on for protection which first imposed and afterwards continued this and other illegal Taxes on the oppressed people against their own Delcarations Judgements and all former Laws and what confusions they have brought on our three Nations instead of Peace Ease Settlement Liberty Safety Tranquillity we have all of late years beheld with admiration and astonishment and let others now beware by their examples how they still continue them on the exhausted generally discontented Nation Laesa patientia fit furor Men will not be always mocked oppressed in this kinde but will cry out VIOLENCE and SPOYL Jer. 20. 8 9. And the burning fire shut up in their bones against it will breakforth into a fury at last it will not be stayed or quenched * but with the ruine of the Tax-masters 1 King 12. 15. to 20. This imposing of Excize and other Taxes against Law and the fore-cited Judgements drew this just Censure from the late King and the Lords and Members of the Commons House at Oxford against the first Imposers and Exactors of them in their * Letter to the Earl of Essex the General of the Army Janu. 27. 1643. to which they subscribed all their names That it were well as they still presse upon THE KINGS MAINTENANCE OF THE LAVVS they would also know that their obligation to observe the same is reciprocal and whiles they here resolve to defend the full power of this Parliament which in their sense can be no other than the power they have exercised this Parliament they would take notice that they are therein so farre from the observation OF THE LAVVS that THEY DESPERATELY RESOLVE AN UTTER SUBVERSION OF THEM for what can tend more to the destruction of the Laws than to usurp a power to themselves without the King and against his will to attribute to their Orders or pretended Ordinances THE POWER OF LAVVS and STATVTES TO ENFORCE CONTRIBUTIONS LOANS and TAXES OF ALL SORTS FROM THE SUBIECT to imprison without cause shewed and then prohibit Writs of Habeas Corpus for their enlargement TO LAY EXCIZES VPON ALL COMMODITIES to command and dispose of THE LIVES and ESTATES of the Free-born Subjects of this Kingdom at their pleasure TO IMPOSE TUNNAGE and POUNDAGE CONTRARY TO THE LAW DECLARED IN THE LATE ACT FOR TUNNAGE AND POUNDAGE and all this done and justified by a LEGISLATIVE POWER founded and inherent in them All which ARE MANIFEST BREACHES OF THE PETITION OF RIGHT and MAGNA CHARTA THE GREAT EVIDENCES OF THE LIBERTIES OF ENGLAND which Charter bounds them by expresse words as us THOUGH ASSEMBLED IN PARLIAMENT as well as the King and though it be not now as heretofore it hath been taken by solemn Oath on the Peoples part as well as on the Kings nor a Curse as heretofore pronounced on the Violators yet they HAVING TAKEN A PROTESTATION TO MAINTAIN THE LAWS and LIBERTIES and THE PROPERTIES OF THE SUBJECT and inclusively THAT CHARTER let them take heed whilst they make use of this their PRETENDED POWER TO THE DESTRUCTION OF THE LAW LEST A CURSE FALL UPON THEM and UPON THEIR POSTERITY What a suddain unexpected curse and blow fell upon some of the principall Promoters of these illegal Taxes Excizes and Innovations first and upon both Houses afterwards by the Army raised for their preservation for whose support and pay all these Taxes were first invented and imposed by a new way of Ordinances never * heard of or used in Parliaments in any former age we all know by sad experience and let our present White-hall and other Grandees who late did and still continued them in an higher degree with farre less colour of Parliamental authority consider the Premises and their downfall lest they incur the same or a worse Curse and Judgement for imposing and continuing still upon the exhausted people these illegal unusual oppressions by as new illegal Self-created powers and pretended necessities of their own making and lengthening And if they allege It is just so to continue EXCIZES on the people till all the Debts secured by them be fully satisfied to such particular persons who took this new Revenue for their Security I Answer First it is the Highest injustice to continue an illegall damned detestable publike Tax and oppression on the whole English Nation specially by as illegall wayes and powers to satisfy private mens interests Debts or pretended arreares Secondly That those who advanced any monies upon such an illegall oft-condemned security deserve justly to be punished with the losse of their Debts because the cheif instruments of continuing and supporting this heavy greivance to the whole Kingdomes injurious oppression Thirdly That those pretended Debts being advanced only for the support and maintenance of those illegall arbitrary powers which impose and dispose of these Taxes at their pleasure not for the publike weal ease and benefit of the Nation it is just they only should defray them out of their owne private estates who first made and thus secured these Debts for their owne advantage rather than the peoples it being a rule in Law and common equity Qui sentit commodum sentire debet et onus Fourthly The Lawes of England will rather suffer a private mischief than a generall inconvenience therefore better these pretended Debtors should suffer to teach them more wisdome and love to their owne liberties Lawes Country and Country men hereafter than that the whole Nation should be still oppressed and robbed by
EXCISES and other illegall Taxes Wee must not rob Peter to pay Paul much less the whole Nation to pay a few rich Vsurers who have most of them gotten great Estates by publike Brocage and making the whole Nations purse and faith their security and morgage who never really made any contract with them for any loan of monies taken up upon their credit nor entrusted any others with such a power to make them their endless Debtors and pay-masters til doomes-day 4 As the whole House of Commons severally so it and the House of Lords too joyntly after this in their second Declaration against Commission of Array 12 Jan 1642 Printed and published by it self first and after in exact collection page 884 885. by their speciall Order recite approve ratify and insist on the forecited Judgement given against the Commission of Excise 3. Caroli Where thus they declare which I likewise read Wee shall further clear this our seuse of the Petition of RIGHT that it did intend TO TAKE AWAY ALL CHARGES OF WHAT NATURE SOEVER TO BE IMPOSED ON THE SUBJECTS BY THE KING ALTHOUGH FOR DEFENCE OF THE KINGDOME IN TIMES OF DANGER by Authorities beyond all exceptions c. By the JUDGEMENT OF THE KING THE LORDS and COMMONS after the Petition passed There was a Commission questioned IN PARLIAMENT called THE COMMISSION OF EXCISE c. reciting the effect and ground of it in the words aforementioned and THE NECESSITY SO INEVITABLE that form and circumstance must rather be dispenced with than substance lost c. In that Parliament of 3 Carolt this COMMISSION WAS RESOLVED BY THE LORDS and COMMONS TO BE AGAINST LAW and CONTRARY TO THE PETITION OF RIGHT and upon the Lords desire to his Majesty the same was Cancelled in his Majesties presence by his command and was brought Cancelled to the House of Lords by the then Lord keeper and by them afterwards sent to the Commons By all that hath been said it appeares THAT TO DEFEND THE KINGDOM IN TIME OF IMMINENT DANGER IS NO SVFFICIENT CAVSE TO LAY ANY TAX OR CHARGE VPON THE SUBIECTS WITHOVT THEIR CONSENT IN PARLIAMENT which they further prove by the Act then newly passed against Ship many How any who were parties to this Declaration as some in present power were or any Patrons or Protectors of the Lawes Liberties properties of the Subject or privileges of Parliament can since this or now impose or justify the laying of Excise or any other Impost Tax or Tallage whatsoever upon the people out of Parliament by any White-hall Order upon pretext of any Imminent danger or necessity against this Declaration and resolution or any under Officers of theirs exact Excise from me or any other English freeman by their un-parliamentary papers transcends my understanding to conceive Thirdly It is Declared and Enacted by severall Printed Acts of Parliament made by both Houses and * assented to by the King himself 16 17 Caroli That no Custome Impost Tunnage or Poundage is due or can be imposed on any Goods or Marchandize imported or exported without AN ACT OF PARLIAMENT and that all such persons who shall exact or receive the same without an Act of Parliament and grant and consent both OF THE LORDS and COMMONS IN PARLIAMENT SHALL INCURRE THE FORFEITURE and PENALTY OF A PRAEMUNIRE This Impost of Excise on Hops and other Merchandize falls within the generall compasse of these Acts And therefore I advised the Excize-man with all Customers and other Officers to take heed how they demand or take Excize or any other Imposts Customs Tunnage or Poundage by colour of a White-hall or any other Ordinance not made by both House of Parliament and setled by a real Act of Parliament lest they incur the penalty of a Premunire and smart for it in conclusion as some of the late Kings Officers did if ever Law Justice or true English Parliaments come to take place again in the Nation as no doubt they will in Gods due time when such illegal paper Ordinances or feigned spurious Acts of * illegal Parliaments will be no Plea to excuse or extenuate their crimes Fourthly After the late Kings beheading the Army Officers and other Commoners who continued sitting at Westminster without the Majority of the secured and secluded Members or House of Lords and arrogated to themselves beyond all former Presidents the Name and Title of the Parliament of England in their Declaration of the 17. Martii 1648. expressing the grounds of their late proceedings against the King and setling the present Government in the way of a Free State p. 7 c. which I read to the Excize-man charged the King as out-going all his Predecessors in evil in that after the Loans and other Oppressions which produced that MOST EXCELLENT LAW OF THE PETITION OF RIGHT most of them were again acted presently after the Law made against them which was palpably broken by him almost in every part of it very soon after his solemn consent given unto it BY HIS IMPRISONING and PROSECUTION OF MEMBERS OF PARLIAMENT for opposing his unlawfull will and of divers worthy Merchants FOR REFUSING TO PAY TUNNAGE and POVNDAGE BECAUSE NOT GRANTED BY PARLIAMENT yet EXACTED BY HIM EXPRESLY AGAINST LAW and punishment of many good Patriots for not submitting to what soever he pleased to demand though NEVER SO MUCH IN BREACH OF THE KNOWN LAW His design to bring in the German Horse TO AWE US INTO SLAVERY and his hopes of compleating his Grand Project of * SHIP-MONY TO SUBJECT EVERY MANS ESTATE TO WHATSOEVER PROPORTION HE PLEASED 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 STRANGE IMPIETY and UNNATURALNES for THE KING OF ENGLAND that nothing can answer it but his own being a Foreiner neither could it easily have purchased belief but by his succeeding visible actions in full pursuance of the same As the * Kings coming in Person to the House of Commons to seize the five Members whither he was followed 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 the Leader should command them but yet secured secluded or offered violence to none nor ever entred the House as the Souldiers did both before and since Upon all these and many other unparralleld Offences upon his breach of Faith Oaths and Protestations and let all the world of indifferent men judge whether the Parliament so they term themselves HAD NOT SUFFICIENT CAUSE TO BRING THE KING TO JUSTICE It seems strange to me that any of those who thus remonstrated against the late King and justifie the bringing of him to Justice for all and every of those particulars should before and since imitate or exceed him in all and every of those particulars and more especially in the EXCISE so diametrically contrary
to the excellent Law of the Petition of Right as the premises resolve which EXCISE he never exacted or put in execution after the damning of the foresaid Commission And let all the world of indifferent men judge whether the Parliament and people of England have not as just as sufficient cause to bring them to Justice for it as ever they had or pretended to have to bring the King to Justice for the same if Rom. 2 1 2 3. be either good Law or Gospel the rather because they resolve in that Declaration an unaccomptable Officer as the King pretended himself to be a STRANGE MONSTER IN NATNRE and no wayes to be suffered in any State or Government 5 Whereas the Excise man pretended Excise for Hops to be a duty by vertue of a White Hall late Ordinance as he termed it I therupon read unto him the 36 articles of the Government of the Common-wealth of England c. viz That the Laws shall not be altered â—uspended abregated or repealed nor ANY NEW LAW MADE NOR ANY TAX CHARGE OR IMPOSITION LAID UPON THE PEOPLE BUT BY COMMON CONSENT IN PARLIAMENT Save onely as is expressed in the thirtieth Article viz. That the raising of money for defraying the charge of present extraodinary Forces both by Land and Sea in respect of the present Warres SHALL BE BY CONSENT IN PARLIAMENT and NOT OTHERWISE Save onely that the Lord Protector with the consent of the Major part of his Councell for preventing the disorders and dangers which may otherwise fall out both by Sea and Land shall have power UNTILL THE MEETING OF THE NEXT PARLIAMENT to raise Money for the purposes aforesaid as also to MAKE LAWES and ORDINANCES for the peace and welfare of these Nations where it shall be necessary which SHALL BE BINDING IN FORCE untill order shall be taken in Parliament concerning the same And this clause in the oath p. 46. I do swear and promise in the presence of God that I wil not violate or infringe the matters things contained therin but to my power observe the same and cause them to be observed And shal in all other things to the best of my understanding GOVERN THESE NATIONS ACCORDING TO THE LAWS STATUTES and CUSTOMES Now admit this Instrument Saving to be valid and legal yet it limiting the Whitehall power of raising monies and that onely for the Forces by Land and sea in respect of the Warres which are ended till the meeting of their first Parliament and no longer which was past in their accompt 23 dayes before this demand of Excise for Hops as a duty those very articles of the Government discharged me and all others from it by vertue of any Whitehall Power or Ordinance But this saving being contrary to the body of the Articles to all the forementioned Statutes Great Charter Petition of Right Judgements and resolutions of Parliament and destructive to the Priviledges and Rights of Parliaments themselves in whom the Legislative and Tax imposing authority wholly solely and incommunicably resides as all our Parliaments Statutes Law-books Records Histories in all ages have resolved and the body of these two Articles confesse it must needs be void and nugatory to all intents and purposes in all Lawyers and judicious mens Judgements and can give them no legall or reall authority to make binding lawes Ordinances or impose any Taxes imposts or Excises by colour thereof If the Parliament it self by speciall Act of Parliament should give any speciall Committee of Lords and Commons Authority or Power to make binding Statutes Acts Ordinances or to impose Taxes on the people or repeal or alter any former Lawes and Statutes with the Kings Royall assent as the Parliament of 21 R. 2. c. 16 17 18 19 20. did yet all such Acts Ordinances Laws Taxes alterations repeals of Lawes would be null and void though ratified by the Kings consent and ought wholly to be revoked reversed voided and undone repealed and adnulled for ever as being IN DEROGATION OF THE STATE OF THE PARLIAMENT TO THE GREAT INCOMODITY OF THE WHOLE REALM and OF PERNICIOUS EXAMPLE and NEVER TO BE DRAWN INTO EXAMPLE IN ANY FUTURE TIME as is declared resolved in the Printed Statute of 1. H. 4 c. 3. and more fully in the Parliament Rolls of 1. H. 4. num 26. 48. 66. 70. worthy perusall Much more then must the powers granted to any Person or Persons by this Instrument made out of Parliament by persons yet unknown for the most part to impose any Taxes or make binding Laws and Ordinance be null and void to all intents to oblige our whole three Kingdomes or any one English Fâ—een an or alter repeal any former Lawes or Statutes of the Realm by which the people are onely to be governed at all times The Statutes of 31 H. 8. c. 8. and 34 H 8 c. 23 authorised the King for the time being with the advice of his Councell or the major part of them to set forth Proclamations in some cases onely under such pains and penalties as to him and them should seem necessary which shall be observed AS THOVGH THEY WERE MADE BY ACT OF PARLIAMENT Provided alwayes that this should not be prejudiciall to any Persons Inheritances OFFICES LIBERTIES GOODS CASTLES OR LIFE In the passing of which Acts many liberall words were spoken against Proclamations and a plain Promise as well as proviso made that by authority of the Act for Proclamations NOTHING SHOULD BE MADE CONTRARY TO ANY ACT OF PARLIAMENT OR THE COMMON LAW as a Stephen Gardiner Bishop of Winchester records and writes in his Letter to THE LORD PROTECTOVR in Edward the sixth his Reign yet this power was held so dangerous that it was repealed by the Statute of 1 E. 6. c. 12. But never did any Parliament grant any King of England and his Councel the least power to make binding Laws and Ordinances or impose Taxes Customes Imposts or Excises in any age nor to act any thing against any statute or the Common-Law much lesse against the Great Charter and Petition of Right And therefore this power granted by this new illegall Instrument to all or any at Whitehall to make binding laws and Ordinances and impose any Taxes Customes Imposts or Excises whatsoever is meerly void null in Law to all intents and all Ordinances Laws Taxes Excises made and imposed by pretext thereof wholly illegall null and ineffectuall to all intents and fit to be so declared by the whole Nation and their Trustees to prevent the dangerous President and consequences of it in future times and the monthly Contributions Excises Imposts Customes imposed by them for sundry Moneths and years yet to come against the very Letter of thirtieth Article as well as of the forecited Acts Declarations and Letter of the Oath therein contained so soon after the taking of it must needs be esteemed and declared void and no wayes to be owned or submitted to as binding valid legall by my self or any others who
have taken the Solemn Protestation League Vow and Covenant to maintain and defend the lawes and liberties of the Realm and Rights and Priviledges of our English Parliaments in our several places and callings with constancy faithfulnesse and sincerity according to our power And this was that I then alledged against Excise in generall As to the Excise for Hops in special and that is to be paid by the owner and grower before any sale I protested against it as most unjust and unreasonable for three Reasons 1. Because men were inforced to pay full Monethly Contributions though illegally imposed all the year long to the value of the Ground and Land whereon the Hops do grow which yields no other Crop or benefit but Hops out of which both the rent to the Landlord and likewise Contribution must be raised And to enforce men to pay Excise out of that for which they pay full Contribution without any deduction for the Excise is a double Tax and oppression for the self same thing and they may as well exact Excise for any sort of Corn and Hay as for Hops without defalcation for the Contribution out of the Land whereon they grow there being the self same reason for both 2. Because Hops are a great certain Charge and most uncertain Commodity and Gain The last year before this there was such a blight that I and others had not the sixth part of the ready money disbursed out of purse for the dressing and polling of them and this year the crop of Hops was so small that it would hardly quit the cost bestowed in dressing polling tying gathering And to enforce men to pay not onely monethly Contributions but excise likewise for that domestick native Commodity for which they are out of purse and so great losers without any gain is to adde Oppression to affliction and against all Rules of Justice and Conscience 3. Because by the Common Laws of England no Toll is due for any native vendible Commodity till it be sold by the Owner as is resolved 9. H. 6. 45. Brook Toll 2. and if a man buy Hops or any other Commodities for his own private use and family no Toll by the Common Law 28. Ass 53. 9. H. 6. 25 Brook Toll 1. 7. Therefore to exact Excise for Hops before their sale before we know when or to whom or at what rate to sell them or if sold to any for the use of their particular families was both illegall and unreasonable Upon all these grounds and Reasons I declared and protested to the Exciseman that I was resolved upon no terms whatsoever to pay any Excise at all for Hops but to question and oppose it to my power according to my Protestation Vow Solemn League and Covenant for my own and the whole Nations future case from this oppressing illegal grievance and Dutch-Devill as most stiled it which I conceived all Patrons of publique Liberty would now cordially and unanimously joyn together throughout the Nation to conjure down to Hell again from whence it was first raised by those who formerly condemned and sent it packing thither The Excise-man hereupon answered with much Civility and respect That he would not have suffered any other so to dispute the businesse with him as I had done but his respects towards me were such having been an eminent sufferer heretofore for Religion and Publick liberty for which he well knew I had sustained very great losses in my estate and being a Gentleman whom be truly honoured that he would by no means bring my name in question and and herefore my Crop of Hops being so mean which he wished far greater he would demand nothing from me for them And so the Minister calling on me to go to the Sermon he departed very friendly and fairly to his Iune and I unto the Church to the Lecture Since which being informed that other Excise-men in Glocester shire have most strictly exacted Excise for Hops from others of my friends by colour of this Whitehall Ordinance and that the buyer will be forced to pay Excise for my Hops though nothing be demanded from me which will be deducted out of the price although the value considered in it self will be very small yet since the consequence of it is and will be very great to the whole Nation as well as prejudiciall to my self and friends both for the present and future I held it my duty to make this my private Declaration and Protestation publick for the present and future benefit of the whole English Nation to whose Judgements Consciences Censures I humbly submit it at this season The rather because it pleased God the very next morning after this my Declaration and Protestation made to the Excise-man to take out of this vale of Misery my dearly-beloved Christian Brother and fellow sufferer for Religion and liberties Doctor John Bastwick And therefore seeing I know not how many dayes or hours I may survive him or whether I shall have any more time or so seasonable an opportunity to publish any thing of this subject or to do any further service in these last and perilous times for the Church and people of God or my native Countrey by compleating those larger works intended by me for posterity if God shall prolong my life health and Liberty I thought meet whilst I had life and opportunity to do what good I could a whiles it was in the power of my hand to do it and whiles I had this by me It was our Saviours own Speech and practise John 9. 4. I must work the works of him that sent me whiles it is day the night cometh when no man can work And it is Gods own advice and precept Eccles. 9. 10. Whatsoever thy hand findeth to do do it with thy might for there is no work nor device nor knowledge nor wisdome in the grave whither thou goest And therefore lest this small usefull Piece as I conceive it should dy and perish with me I have endeavoured to make it publick b before I go hence and be no more and if it please almighty God to infuse such a vigorous spirit into it and bestow such a transcending blessing on it as to make it instrumentall by his Omnipotency to give a mortall wound to all those illegall Excises Taxes Imposts c. under which our impoverished Nation hath so long groaned and languished in these times of cheapnesse of all Corn and Countrey Commodities and scarcity of Coyn is no way able any longer to pay or bear or to bring them to or bury them in the grave of perpetuall obscurity so as never to rise up again before I die I shall then with old Simeon joyfully sing a Nunc dimittis And if it stand with Gods blessed pleasure say with the triumphant Prisoner and martyr of Jesus Christ Saint Paul 2 Cor. 4. 6 7 8. I am now ready to be offered and the time of my departure is at hand I have fought a good fight I have finished my course I have kept the faith henceforth there is laid up for me a Crown of righteousnesse which God the righteous Judge shall give me at that day in heaven after all my Bonds Imprisonments Persecutions Sufferings ingrate requitall of my faithfull services for my God and Countrey here on earth FINIS a 1 Sam. 7. 15. a Pal. 51. a Metamorph. l. 1. * Seldeni No'ae ad Eadmerum P. 190 191. Exact collection p. 868 869. * See the Lords and Commons Jâ—â—â—nals 3. caroli Exact collection p. 885. Mr. St. Johns Speech and Declaration concerning Ship-mony p. 15 16. * And have not English Horse of late years and still been billited in most Counties for this very end Nota. * And are they not so now by a bare White-hall Order imposing them till 1658. * 4. Septemb. 1654. in the Painted Chamber * See the Government of the Common-wealth of England Artic. 30. The Ordinances printed in Folio amounting to near seven hundred and seven pages * See 21. R. 2. c. 11 12 13 16. 1. H. 4. c. 3 Rot. Parl. 3. H. 4. N. 21 22 36 48 66 70. 31. H. 6. c. 1. 39. H. 6. c. 1. 17. E. 4. c. 7. * Exact Collection p. 638. * See Doctor Beards Theatre of Gods Judgements l. 2. c. 36 to 42. * A Collection of Ordinances p. 453. * See my Irenarches Redivinus neor the end where it is fully repeated * See Exact Collections p. 789 790. * See 21 R. 2. c. 11 12 16. 1 H. 4. c. 3. rot Parl. n. 22 23 36 48 66 70. 39 H. 6. c. 1. 17 E. 4 c. 7 worthy perusal * Now revived and imposed amounting to forty thousand pound a Month. * Was it not a thing of more strange impiety and unnaturalness in the General and Officers of the Parliaments own Army raised paved Commissioned Sworn and every way engaged for the defence of the Parliament of England actually to engage and bring up the Army again and again to Impeach Secure Seclude and Dissolve both the reall and pretended Parliament of England before and since this Declaration * The Officers and Armies coming in person to seize forty three Members at once seclude above two hundred more and the whole House of Lords was certainly a farre greater Offence especially after the branding of the Kings Act and his repentance for and disclaimer of it * But the Army Officers with some Thousands of the Army better armed and provided a Fox Acts and Monuments in the oldest Edition p. 7. 41 See A New Discovery of the Prelates Tyranny p. 210 211 212 a Prov 3. 27. b Psal. 39. 13.