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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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post facto assent to some particulars against my knowledge judgement conscience Oaths of Supremacy Allegiance P●otestation and Solemn League and Covenant taken in the presence of God himself with a sincere heart and real intention to perform the same and persevere therein all the dayes of my life without suffering my self directly or indirectly by whatsoever combination perswasion or terror to be withdrawn therefrom As first That there may be and now is a lawfull Parliament of England actually in being and legally continuing after the Kings death consisting only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 Judgements of all now sitting that know any thing of Parliaments and the whole Kingdom if they durst speak their Knowledge know and believe 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 lawfull authority to violate the Privileges Rights Freedoms 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 erect new Arbitrary Courts of War and Justice to arraign condemn execute the King himself with the Peers and Commons of this Realm by a new kind of Martial law contrary to Magna Carta the Petition of Right and Law of the Land dis-inherit the Kings posterity of the Crown extirpate Monarchy and the whole House of Peers change and subvert the antient Government Seals Laws Writs legal proceedings Courts and coin of the Kingdom sell and dispose of all the Lands Revenues Jewels Goods of the Crown 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 verie Oath of Allegiance notwithstanding this expresse clause in it which I desire may be seriously and conscienciously considered by all who have sworn it I do believe and in Conscience am resolved that neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full authoritie to be lawfully ministred unto me and do renounce all pardons and dispensations to the contrary and to dispence with our Protestations Solemn League and Covenant so lately and * zealously urged and injoyned by both Houses on Members Officers Ministers and all sorts of People throughout the Realm to 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 legal cause or trial to make what new Acts Laws and reverse what old ones they think meet to insnare inthrall our Consciences Estates Liberties Lives to create new monstrous Treasons never heard of in the world before and declare real Treasons against King Kingdom Parliament to be no Treasons and Loyalty Allegiance due Obedience to our known Laws and consciencious observing of our Oaths and Covenants the breach whereof would render us actual Traytors and perjurious Persons to be no lesse than 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 Lives to the Gallows 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 Ed. 3. c. 4. 28 Ed. 3. c. 3. 37. E. 3. c. 18. 42 E. 3. c. 3. 25 Ed. 3. c. 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 Caroli the Statutes made in the begining of the Parliament 16 Caroli c. 1 7 8 10 12 14 20. 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 and others invasions raise 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 and on Scotland and Ireland too which no English Parliament ever did before as often and as long as they please to support their own encroached more then Regal Parliamental Super-transcendent Arbitrary power over us and all that is ours or the Kingdoms at our private and the publick charge against our wills judgements consciences to our absolute enslaving and our three Kingdoms ruine by engaging them one against another in new Civil wars and exposing us for a prey to our Forein Enemies All which with other particulars lately acted and avowed by the Imposers of this Tax and sundry others since by colour of that pretended Parliamentary Authority by which they have imposed it I must necessarily admit acknowledge to be just and legal by my voluntary payment of it on purpose to maintain an Army to justifie and make good all this by the meer power of the Sword which they can no waies justifie and defend by the Laws of God or the Realm or the least colour of reason justice honesty religion conscience before any Tribunal of God or Men when legally arraigned as they may one day be Neither of which I can or dare acknowledge without incurring the guilt of most detestable Perjury and highest Treason against King Kingdom Parliament Laws and Liberties of the people and therefore cannot yield to this Assesment Thirdly the principal ends and uses proposed in the pr●tended Acts and Warrants thereupon for payment of this Tax and other Taxes since are strong obligations to me in point of Coùscience Law Prudence to withstand it which I shall particularly discusse The First is the maintenante and continuance of the pr●sent Army and Forces in England under the Lord Fairfax Cromwell and other Commanders since To which I say First as I shall with all readinesse gratitude and due respect acknowledge 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 faithfulnesse 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 Privileges Members and Proceedings of the late and being of
service of the Parliament And whereas those Members of the House could not return to sit in safety before Friday the 6. of August It is therefore declared by the Lords and Commons in Parliament assembled that the Ordinance of Monday the said 26. of July for the repealing and making void of the Ordinance of the 23. of the said July for the setling of the Militia of the City of London being gained by force and violence And all Votes Orders Ordinances passed in either or both Houses of Parliament since the said Ordinance of the 26. of July to the said 6. of Aug. * are null and void and were so at the making thereof are hereby declared so to be the Parliament being under a force and not free Provided alwaies and be it ordained that no Person or Persons shall be impeached for his or their actions by or upon or according to the foresaid Votes Orders or Ordinances unlesse he or they shall be found guilty of contriving acting or abetting the aforesaid visible or actual force or being present at or hearing of the said force did afterwards Act upon the Votes so forced c. John Brown Cler. Parliamentorum This force mentioned in all these 5. Declarations Engagements and Protests against it by the Army-Officers fugitive Members was far inferior and no waies comparable to the force upon the secured and secluded Members but far inferior thereto in these respects 1. That force was only by a few unarmed tumultuous London Apprentices who had neither Sword nor Musquet nor Pike nor Stick in their hands This upon the secluded Members was by whole Regiments Troops Companies of Horse and Foot armed with Swords Musquets Pikes Pistols 2. That force was upon this account only to presse the Houses to repeal an Ordinance surreptitiously procured to settle the Militia of London without their privities to the disservice of the City and Parliament passed but 3. daies before Theirs to prevent a settlement of the Peace of the Kingdom upon our vote touching the Kings Answer to the Propositions of both Houses for the publick Peace Safety and honour of the Parliament and three Kingdoms 3. Their tumult and force lasted but a few houres and part of one day and then vanished That secluding and securing the Members continued sundry years and ever since the Junctoes two last sittings till this present 4. That force neither secluded nor secured not drove away any one Member from the Houses during its continuance but only kept them tumultuously in the House till the Ordinance of July 23 was repealed by them and then vanished This was purposely imployed to secure above 40. and seclude the Majority of the Members of the Commons House and whole House of Peers by violence against their Privileges Trusts and our Laws and is still continued for that end 5. That force caused some few eminent Members only to absent themselves from the Houses and repair to the Army 3. or 4. daies after the force was ended upon the Armies invitation being the far lesser part of both Houses This force secured imprisoned and actually kept out and drove away 5. parts of 6. from the House and that by practice and combination of some Members of the House to seclude the rest lest they should over-vote them and since by their expresse Orders and Commands kept out by armed guards for that end 6. This force was by such who were never raised commissioned waged to preserve the Houses and Members from violence that they might freely sit and vote without disturbance This by Souldiers specially raised commissioned intrusted paid to defend their persons and Privileges freely to sit and vote without interruption or seclusion 7. That force was condemned disowned by all the Members of both Houses as well those who remained sitting or those who absented themselves This justified approved commanded even by those now sitting though they condemned it as Treasonable and Criminal in these Apprentices and in Cromwel Lambert and other Army-Officers since in their own cases 8. This inconsiderable force nulled and made void all Votes Acts Ordinances passed not only during the continuance of this horrid actual visible force upon the Houses on July 26. but likewise from that day till the 6. of Aug. only because those few Members invited to the Army were forced as they affirmed to absent themselves from the service of the Parliament and could not return to sit in safety before that day though there was neither force nor guards during that space upon either House to deter or drive them thence Therfore upon all these Considerations The Ordinance made for this first Tax of 90000. and now for 100000. l. a month during the forcible securing secluding of the whole House of Peers and Majority of the Commons House must much more be null and void and were so at the time of their making to all intents the Parl. and Houses being under a more horrid insolent visible and actual force before and at the making of them keeping out the Major part of the Members than ever the Apprentices or any age were forme●ly guilty of and so no waies obliging the excluded Lords Members or any others whatsoever our secluders themselves and these their Resolutions being Judges which do all justify the Protestation published in their names though not owned by them Dec. 11. 15 8. to be no j●st cause ●●t their Ejection by the pretended Ordinance of Dec. 5. made by 3. Lords and 45. Commoners only whiles both Houses were under the Armies force and so be null and void to all intents Fourthly Neither forty Members nor a whole House of Commons were ever enough in any age by the Custom of Parliament or Law of England to impose a Tax or make any Act of Parliament without the King and House of Lords as I have already proved and largely and irrefragably evidenced in my Plea for the Lords and House of Peers My Levellers Levelled The 1. and 2. Part of my Register and Survey of Parliamentary Writs My true and perfect Narrative and full Declaration of the state of the Case of the secluded Members much lesse can they do it after they ceased to be Members by the Parliaments dissolution through the Kings beheading Neither were they ever invested with any legal power to seclude or expel any of their fellow Members especially if duly elected for any Vote wherein the Majority of the House concurred with them or for voting against or differing in their consciences and judgements from them nor for any other cause without the Kings and Lords concurrence in whom the ordinary judicial power of the Parliament resides as I have undeniably proved by presidents and reasons in my Plea for the Lords p. 305 to 428. and Ardua Regni which is further evident by Claus. Dors. 7 R. 2. M. 32. Mr. Seldens Titles of Honour p. 737. Banneret Camoys Case discharged from being Knight of the Shire by the Kings Writ and judgement alone
Gen. Monk by a Vote of their Council of State at Whitehall afterwards ratisied by a Vote at Westminster when executed the 9. of this instant February to march with all his Forces into the City of London to seize and imprison 2. of their Aldermen and sundry of their Common-Council men in the Tower to pull down and destroy the Gates and Portcullesses of the City To discontinue null and void the Common-Council of the City of London for this year by ordering a Bill for the choice of another Common-Council with such Qualifications as the Juncto shall think fit which was accordingly executed and then ratified and approved by their Votes and by commanding him afterwards to demand the City Arms to disarm them by force if they deliver them not upon demands s and all because the Common-Council upon a Petition of the Citizens and Remonstrance of the Gentlemen Ministers and Freeholders of Warwickshire and other Counties Febr. 8. voted and resolved That no Person or Persons whatsoever might impose any Laws or Taxes upon the City and Citizens untill the Authority thereof be derived from their Representatives in a full and free Parliament And all this without and before the least hearing or examination of the City and Common-Council a Tyranny Indignity Dishonour and Ingratitude not to be paralleld and never offered in any age to the City and Citizens before by any of our Kings for the highest Treasons against them at least before hearing and convicti●● much lesse only for demanding and claiming the benefit of those Fundamental Laws and Privileges for whose defence they had so lately expended so many Millions of Treasure and Thousands of their lives to defend them according to these their fresh Declarations and Acts encouraging them thereunto and that after all their former Obligations and Indearments to the City upon all occasions and the beheaded Kings free Confirmation of all their former Charters Liberties Privileges Militia and enlargements of the same at the Treaty in the Isle of Wight notwithstanding their taking up Armes against him in the Parliaments defence may now justly irritate and engage the City of London and all other Cities Boroughs Corporations and Counties of this Realm unanimously to oppose the present and all other Taxes and Excises whatsoever imposed on them by these Oppressors and put their own Act in vigorous execution against them as the worst of Tyrants and Invaders of their Liberties Thirdly Both Houses of Parliament joyntly and the House of Commons severally in the late Parliament with the approbation of all and consent of most now sitting did in sundry ¶ Romonstrances and Declarations published to the Kingdom not only Tax the King and his evil Counsellors for imposing illegal Taxes on the Subjects contrary to the forecited Acts the maintenance whereof against all future violations and invasions of the Peoples Liberties and Properties they made one principal ground of our late bloody expensive war but likewise professed * That they were specially chosen and intrusted by the Kingdom in Parliament and owned it as their duty to hazzard their own lives and estates for preservation of those Laws and Liberties and use their best endeavours that the meanest of the Commonalty MIGHT ENJOY THEM AS THEIR BIRTH-RIGHTS as well as the greatest Subject That every honest man especially those who have taken the late Protestation and Solemn League and Covenant since is bound to defend the Laws and Liberties of the kingdom against Will and Power which imposed what payments they thought fit to drain the Subjects Purses and supply those Necessities which their ill Counsel had brought upon the King and Kingdom And that they would be ready to live and dye with those worthy and true-hearted Patriots of the Gentry of this Nation and others who were ready to lay down their lives and fortunes for the maintenance of their Laws and Liberties with many such like expressions Which must needs engage me a Member of that Parliament and Patriot of my Country with all my strength and power to oppose this injurious Tax imposed out of Parliament though with the hazard of my life and fortunes wherein all those late secluded Lords and Members who have joyned in these Remonstrances are engaged by them to second me under pain of being adjudged unworthy for ever hereafter to sit in any Parliament or to be trusted by their Counties and those for whom they served And so much the rather to vindicate the late Houses honour and reputation from those predictions and printed aspersions of the beheaded King now verified as undeniable experimented truths by the Antiparliamentary sitting Juncto * That the maintenance of the Laws Liberties Properties of the People were but only gilded Dissimulations and specious pretences to get power into their own hands thereby to enable them to destroy and subvert both Laws Liberties and Properties at last and not any thing like them to introduce Anarchy Democracy Parity Tyranny in the Highest degree and new forms 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 complyance with them but to enslave and undo themselves and to be at last destroyed Which royal Predictions many complain and all experimentally ●ind too trulie verified by those who now bear rule under the Nam● and visour of the Parliament of England since its dissolution by the Kings decapitation and the Armies imprisoning and seclusion of the Members and Lords who above all others are obliged to disprove them by their Actions as well as Declarations to the people who regard not words but real 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 and now again in their 3. Session after their two sodain and forcible Dissolutions 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 illegal 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 or Custom 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. asserted by Mr. 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. and I have proved at large in my Plea for the Lords and House of Peers As I should admit these to be lawfull Members and their unlawfull void Writs to be good in Law so should I tacitly admit ex
and them odious not only to the Countrie and Kingdom but to all Officers and Souldiers who had any civilitie in them and be a disparagement to the General by whose Proclamation he ought to be present with his Company to keep them in good order under pain of cashiering And therefore I expected and required Justice and Reparations at his hands the rather because I was informed by some of his own Souldiers and others that they had not been so barbarouslie rude but by his incouragement which if he refused I should complain of him to his Superiours and right my self the best way I might After some expostulations he promised to make them examples and cashier them and to remove them forthwith from my house but the only right I had was that more of his Company repaired thither making all the spoil they could and taking away some Brasse and Pewter continued there till near four of the clock and then marched away only 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 instead 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 monies they could from the Country by their violence and disorders Now for me or any others to give monies 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 civil Persons to be Masters of our Houses Goods Servants Lives and all we have to ride over our heads like our Lords and Conquerors and take Free-quarter on us amounting to at least a full years contribution without any allowance for it and that since the last Orders against Free-quarter and Warrants issued for paying in this Tax to prevent it for the future is so far against my Reason Judgement and Conscience that I would rather give all away to suppresse discard them or cast it into the fire than maintain such gracelesse 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 Maiors house and threatned to s●ise and carry him away for denying to give them Free-quarter contrary to the New Act for abolishing it Lastly This pr●tended 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 will prove not only to distrain and imprison those who cannot in Conscience Law or Prudence submit to this illegal 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 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 settlement and as long as we will submit to pay contributions to support an Army we shall be certain our new Lords and Governors will continue an Army to over-awe and enslave us to their wils Therefore the only 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 Engl. Sootl and Irel. to which he hath an undoubted Right by the Laws of God and Man as the Parliament of 1 Jacob ch. ● resolves and to levy War against him to deprive him of it To subvert the antient Monarchical Government of this Realm under which our Ancestors have alwaies 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 and discern the least ease or advantage by it To overthrow the antient constitution of the Parliament of England consisting of King Lords and Commons and the Rights and Privileges 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 forein States not to change the Government or attempt any of the Premises All which being no lesse than High Treason by the Laws Statutes of the Realm as Sir E. Cook in his * Inst. Mr. St. John in his Argument at Law upon passing the Bill of Attainder of the E. of Strafford both printed by the Commons special order have proved at large by many Presidents reasons records and so adjudged by the last Parliament in the Cases of Strafford and * Canterbury who were condemned and executed as Traytors by judgement of Parliament and some of those now sitting but for some of these Treasons upon obscurer Evidences of guilt than are now visible in others I cannot without incurring the Crime and Guilt of these several High Treasons and the eternal if not temporal punishments incident thereunto voluntarily contribute so much as one penny or farthing towards such Treasonable and disloyal ends as these against my Conscience Law Loyalty Duty and all my Oaths Covenants and Obligations to the contrary Tenthly The payment of this Tax for the premised purposes will in my poor judgement and conscience be offensive to God and all good men scandalous to the Protestant Religion dishonourable to our English Nation and disadvantagious and destructive to our whole Kingdom hindering the speedy settlement of our peace the re-establishment of our King Laws the revival of our decayed Trade by renewing and perpetuating our bloody uncivil Wars engaging Scotland Ireland with forein Princes and Kingdoms in a just War against us to avenge the death of our late beheaded King the dis-inheriting of his Posterity and to restore his lawfull Heirs and Successors to their just undoubted Rights from which they are now forcibly secluded who will undoubtedly molest us with continual Wars what-ever some may fondly
conceit to the contrary till they be setled in the Throne in peace upon just and honourable terms and invested in their just possessions Which were far more safe honourable just prudent and Christian for our whole 3. Kingdoms voluntarily and speedily to do themselves than to be forced to it at last by any forein Forces the sad consequences whereof we may easily conjecture 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 treasonable consequences by any submission to this illegal Tax Upon all these weighty Reasons and serious grounds of Conscience Law Prudence which I humbly submit to the Consciences and Judgements of all conscientious and judicious persons whom they do or shall concern I am resolved by the Assistance and strength of the 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 t●e ruine of my greatest Enemies and Opposers to oppugn these unlawfull Contributions and the payment of them o● the uttermost in all just and lawfull waies I may And if any will forcibly levy them by distresse or otherwise without and against all Law or Right as Theeves and Robbers take mens Goods and Purses let them do it at their own umost peril being declared all Traytors and to be proceeded against capitally as Traytors by the Junctoes own late Knack and Declaration However though I suffer at present yet I trust God and men will in due time do me justice upon them and award me recompence for all injuries in this kind or any sufferings for my Countries Liberties However fall back fall edge I would ten thousand times rather lose my Life Libertie and all that I have to keep a good Conscience and preserve my own and my Countries native Liberty than to part with one farthing or gain the whole World with the losse of either of them and rather dye a Martyr for our Antient Kingdom than live a Slave under any New Republick or remnant of a broken dismembred strange Antiparliamental House of Commons without King Lords or the major part of the Knights Citizens and Burgesses of the Realm in being subject to their illegal Taxes and what they call Acts of Parliament which in reality are no Acts at all to bind me or any other Subject in point of Conscience or Prudence to obedience or just punishment for Non-obedience thereunto or Non-conformity to what they style the present Government of the Armies modeling and I fear of the Popes Spaniards Campanellaes Father Parsons and other Jesuites suggesting to effect our Kings Kingdoms and Religions ruine as I have * elsewhere clearly evidenced beyond all contradiction Psalm 26. 4 5. I have not sate with vain Persons neither will I go in with Dissemblers I have hated the Congregation of evil Doers and will not sit with the wicked WILLIAM PRYNNE SWAINSWICK June 16. 1649. FINIS A POSTSCRIPT SInce the drawing up of the precedent Reasons I have met with a printed Pamphlet intituled An Epistle written the 8th day of June 1649. by Lieut. Colonel John Lilbourn to Mr. William Lenthal Speaker to the remainder of those few Knights Citizens and Burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster as most fit for his and his Masters designe● to serve their ambitious and tyrannical ends to destroy the good old Laws Liberties and Customes 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 style themselves The Conservators of the peace of England or the Parliament of England intrusted and authorised 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 hu●dred or thousand part of them authorised Thomas Pride with his Regiment of Souldiers to chuse them a Parliament as indeed he hath de facto done by his PRETENDED MOCK-PARLIAM●NT and therefore it cannot properly be called the Nations or Peoples Parliame●t but Col. Prides and his Associates whose really it is who although they have beheaded the King for a Tyrant yet walk in his oppressi●g●st steps if not worse and higher This is the Title of his Epistle In this Epistle this late great champion of the House of Commons and fitting Junctoes Supremacy both before and since the Kings beheading who with his Brother a a His Petition and Appeal his Arrow of Defiance See Mr. Edwards Gangrena 3. part p. 154. f. 204. See My 〈…〉 for the 〈…〉 to 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 formal and legal 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 Personal Treaty as he and they print and boast in b● this Epistle and other late Papers Pag. 11 29 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 c Pag. 34 35. 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 immediately before their late march to London to purge the House and after at White-hall commonly style themselves the pretended Parliament even before the Kings beheading A MOCK PARLIAMENT a MOCK POWER a PRETENDED PARLIAMENT and 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 real 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
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. 126. 1659. by a 〈◊〉 of the old Commons House secluding the whole House of Lords and Majority of their hellow Members by armed violence against all rules of Law and Parliament Presidents Esay 1. 7. He looked for Judgement but behold Oppression for Righteousnesse but behold a cry Psal. 12. 5. For the Oppression of the Poor for the sighing of the Needy new 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 groaning of the children of Israel whom the Aegyptians keep in bandage 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 Judgements Eccles. 4. 1 2. So I returned and considered all the Oppressions that are done under the Sun and beh●ld the tears 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 Wherefore I praised the dead which are already dead more than the living which are yet alive The second Edition enlarged London printed for Edw. Thomas at the Adam and Eve in Little Britain 1660. ERRATA PAge 4. l. 33. to read by p. 8. l. 1. Seclusion l. 29. dele in l. 31. extended p. 41. l. 10. on p. 47. l. 2. only p. 54. l 18. and r. as p. 57. l. 4. it is p. 62. l. 4. obsta p. 71. l. 35. to p. 71. l. 1. resolved l. 8. and r. as p. 79. l. 15. and r. of Margin P. 9. l. 9. 12 r. 17. To the Ingenuous Reader THe Reasons originally inducing and in some sort necessitating me to compile and publish this Legal Vindication against Illegal Taxes and pretended Acts of Parliament imposed on the whole English Nation in the year 1649. by a small remnant of the Commons House sitting under an armed Force abjuring the King and House of Lords and unjustly secluding the Majority of their Fellow-Commoners against the very tenor of the Act of 17 Caroli c. 6. by which they pretended to sit the letter of the Writs by which they were elected and those Indentures by which they were returned Members the Oaths of Supremacy and Allegiance Protestation Solemn National League and Covenant which they all took as Members the very first Act of Parliament made and printed after their first sitting 16 Caroli c. 1. and many hundreds of Declarations Remonstrances Orders Ordinances Votes from Nov. 3. 1640. to Dec. 5. 1648. have constrained me now to reprint it with some necessary and usefull Additions in the year 1659. above ten years after its first Publication Those very Rumpers who on the 7th of April 1649. imposed a Tax of Ninety thousand Pounds the Month on England alone having on the 26. of January 1659. presumed to lay a new Tax of no lesse than One hundred thousand pounds the Month for six Months next ensuing on England Scotland and on Ireland too never taxed in former Ages by intire undubitable English Parliaments when as by their former Order they advanced and paid in before hand a heavy Tax illegally imposed on them by a Protectorian Conventicle during those very Months for which they are now taxed afresh far higher than before though totally exhausted with former incessant Taxes Free-quarter Militia expences Imposts of all sorts and utterly undone for want of Trade and all to keep them in perpetual Bondage under armed Gards and Iron yoaks under pretext of making them a New Free-State and Common-wealth of the Jesuites projection perpetually to subvert our antient hereditary Monarchy Kingdom and true old English * Common-wealth under which we formerly lived and flourished with greater freedom splendor honour peace safety unity and prosperity than we can ever expect under any new Form of Government or Utopian Republick whatsoever our whimsical Innovators can erect When our Parliaments under our antient and late Kings granted any Aydes Subsidies Imposts to supply the publick Necessities as they were alwaies moderate and temporary not exceeding the present Necessities and the Peoples abilities to pay them so they ever received some Acts of Grace and Retribution from our Kings and New Confirmations of their Great Charters and Fundamental Laws and Liberties recorded in our Parliament Rolls and Statutes at large But our New Republicans worse than the old Aegyptian Pharoes and Tax-Masters double our Bricks Taxes yet deny us straw and materials to make or defray them redressing none of all our publick Grievances nor easing us of any unjust burthens or oppressions whatsoever nor indulging any Graces or Favours to us nor yet so much as preserving or confirming our old Grand Charte●s Fundamental Laws Statutes for the preservation of our Lives Liberties Properties Franchises Freeholds but violating them all in a far highe and more presumptuous degree than Strafford Canterbury the Shipmony Judges or any of our Kings whom they brand for Tyrants and that after all our late wars and contests for their defence Upon which account I held it my bounden duty to enlarge and reprint this Vinaication nor out of any Factious or Seditions design but from the impulse of a true Heroick English publike spirit and Zeal to defend my Native Countries undubitable Hereditary Rights against all arbitrary Tyrannical Usurpations and Impostors whatsoever though arrogating to themselves the Title and power of The Parl. of England when their own Judgements Consciences as well as all our antient Statutes Parliament Rolls Laws Judges Law-Books and Treatises of English Parliaments resolve them to be no Parliament at all but an * Anti-Parliamentary Conventicle If I now lose my life as I have formerly done my Liberty Calling and Estate for this publike cause I shall repu●e it the greatest earthly Honour and 〈◊〉 to dye a Ma●●●● for my dying Country to redeem her lost Liberti●s with the losse of my momentary life which will be more i●ksome to me than the 〈◊〉 Death if protracted only to behold those ruines and desolations which some Grandees Tyrannies and Bedlam exorbitances are like speedily to bring upon her unlesse God himself by his Miraculous Provi●●n●●s reflrain their Fury abate their Power and confound their Destructive Des●gns beyond all
sword-men whom we had already found to be men of no very tender conscience And do not the Speaker and all Lawyers and others now sitting in their own Judgments and Consciences and to their friends in private believe say and confess as much that they are no Parliaments and yet have the impudency and the insolency to sit act and Tax yea seclude and imprison us at their pleasures as a real legal and absolute Parliament O Atheisme O Tyranny and Impiety of the worst Edition 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 resoved to pull it up by the roots as such then it necessarily folows 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 rational men And no wayes enabled by Law to impose this or any other new Tax or Acts upon the Kingdom or to create any new Treasons Confiscations Sequestrations and Penalties and being themselves in truth the worst and greatest of all Traytors and Tyrants Secondly that these grand Saints of the Army and Steersmen of the pretended Parliament and all Gown-men confederating with them knowingly sit vote and act there against their own judgments 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 and Army to sit or vote together with them or to enjoy any Office or command in the Army under them or to impose any Tax upon the people to maintain such Officers Members Souldiers who have thus vilified affronted their pretended Parliamentary Authority and thereby induced others to contemn and question it and forcibly excluded and imprisoned the greatest part of the Members and whole House of Peers in order to their own future exclusion and as great a baseness in them and others for to pay it upon any terms Secondly he there affirms that d d P. 26 27. 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 onely 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 Whartons 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 Note and 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 onely so but did he not get the General and Councel of War at Windsor 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 and THEIR FIXED RESOLUTION TO MAINTAIN and UPHOLD IT which was sent by the General to the Lords by Sir Hardresse Waller and to indear himself the more unto the Lords in whose house without all doubt he intended to have sate himself he required me evil for good and became my enemy to keep me in Prison out of which I must not stirre unless I would sloop and acknowledge the Lords jurisdiction over Commoners and for that end he sets his agents and instruments at work to get me to do it yet now they themselves have suppressed them Whence it is most apparent 1. That the General Lieutenant General Cromwel Col. Ireton Harison and other Officers of the Army now sitting as Members and over-ruling all the rest * * See my Plea for the Lords and House of Peers yea all other Lawyers Members sitting with them have wittingly acted against their own knowledges Declarations Judgments Consciences in suppressing the Lords House and depriving them of their Legislative and Jurisdictive Right and power by presuming to make Acts pass sentences and impose Taxes without them or their assents in Parliament contrary to the express Acts of 16 17 Caroli c. 1. 7 8 12 14 20. and hundreds of Ordinances Remonstrances Declarations the Protestation Vow and Solemn League and Covenant made this Parliament by the Votes of most now sitting 2. That this Tax enforced upon the Commons and Kingdom for their own particular advantage pay and enrichment and to suppress the House of Lords is in their own judgments 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 the Lords and other Englishmen who love their own or Countries Liberties or have any Nobility or Generosity in them Thirdly he e e Pag. 34. 39 40. 56 47. 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 rule of Justice and Reason then such a company of men are a Parliament or Representative of the People that a company of armed Thieves choose and set apart to try judge condemn hang or behead any man that they please or can prevail over by the power of their Sword to bring before them by force of arms to have their lives taken away by pr●tence of JUSTICE grounded upon rules meerly flowing from their VVills 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 down 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-POVVER 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