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A38418 Englands present case stated ... partly occasioned by the late proclamation for the convening of a Parliament ... 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 ... : 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 ... 1659 (1659) Wing E3018; ESTC R21515 8,218 18

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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 ●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 si●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