when all or most of the Members were present as the Parliament Rolls Journals Modus teâ—…ndi Parliamentum Sir Edward Cooks 4 Instituâ—…s p. 1. 2 26. 35. 36. Cromptons Jurisdiction of Courts f. 1 c. 39. E. 3. 7. Brook Parliament 27. 1. Jac. c. 1. and the many Records I have cited to this purpose in my Levellers levelled my Plea for the 〈◊〉 and Memento p. 10. abundantly prove beyond contradictionâ—… for which cause the Members ought to be fined and lose their â—…ges if absent without spâ—…cial Liâ—…nce as Modus tâ—…nexdi Parliamentum 5 R. 2. Par. 2. c. 4. 9. H. 8. c. 16. and A Coâ—…ection of all Orders c. of the late Parliament pa. 294. 357. with their frequent summoning and fining absent Members evidence Secondly Though foâ—…ty Members onely may peradventurâ—… make an House in casâ—… of absoluâ—…e neceâ—…y when â—…he râ—…st through sicknes publick or private occasions are voluâ—…rily or negligently absent and might freely repair thither to sit or give their Votes if they pleased yet forty Members nevâ—…r yet made a Commonâ—… House by custome of Parliament â—…here being never any such case til now when the rest being above â—…our hundred were forcibly secluded or driven thence by an army through the practice or connivance of those forty sitting oâ—… purpose that they should not over nor counteâ—…-vote them much lesse an House to sequester or expell the other Members or impose any Tax upon them Till they shew me such a lâ—…w custom or President of Parliament not to be found in any age all they pretend is nothing to purpoâ—…e or the present case Thirdly Neither forty Members nor a whole House of Commons were ever enough in any age by the Custome of Parliament or Law of England or impose a Tax or make any Act of Parliament without the King and Lords as I have n already proved much lâ—…sse after they ceased to be Members by the Parliaments dissolution through the Kings beheading Neither wâ—…re they ever invested with any legall power to seclude or expâ—…l any of their felow Members especially if duly elected for any Vote wherein the Majority of the House concurred with them or differing in their consciences and judgements from them nor for any other cause without the Kings and Lords concurrence in whom the ordinary judiciall power of the Parliament resides as I have undeniably proved by presidents and reasons in my Plea for the Lords p. 47. to 53. and Ardua Regni which is further evident by Claus. Dors. 7. R. 2. M. 32. Mr. Seldens Titles of Honor p. 737. Banneret Camoys Case discharged from being knight of the Shire by the Kings Writ and judgment alone without the Commons vote because a Peer of the Realm the practice of sâ—…questring and expelling Commons by their fellow-Commons only being a late dangerous unparliamentary usurpation unknown to our Ancestors destructive to the priviledges and freedom of Parliaments and injurious to those Counties Cities Boroughs whose Trustees are secluded the House of Commons it self being no Court of Justice to give either an Oath or finall Sentence and having no more Authority to dismember their fellow-Members then any Judges Justices of peace or Committees have to disjudg disjustice or discommittee their fellow Judges Justices or Committee-men being all of equall authority and made Members only by the Kings Writ and peoples Election not by the Houses or oâ—…her Members Votes who yet now presume both to make and unmake seclude and recal expel and restore their fellow-Members at their pleasure contrary to the practice and resolution of former ages to patch up a factious Conventicle instead of an English Parliament Therefore this Objection no wayeâ—… invalids this first Reason why I neither can nor dare submit to this illegal Tax in conscience law or prudence which engage me to oppose it in all these Respects If any object That true it is the parliament by the common Law and Custome of the Realm determines by the Kings death but by the Statute of 17 Caroli which enacts That this present Parliament now assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose continues this Parliament still in being notwithstanding the Kings beheading since no Act of Parliament is passed for its Dissolution The only pretext for to support the continuance of the Parliament since the Kings violent death To this I answer That it is a Maxime in Law That every Statute ought to be expounded according to the intent of those that made it and the mischiefs it intended onely to prevent as is resolved in 4. Edw. 4. 12. 12. Edw. 4. 18. 1. H. 7 12 13. Plowd Com fol. 369. and Cooks 4. Instit. p. 329 330. Now the intent of the Makers of this Act and the end of enacting it was not to prevent the dissolution of this Parliament by the Kings death no ways intimated or insinuated in any clause thereof being a cleer unavoydable dissolution of it to all intents not provided for by this Law but by any Writ or proclamation of the King by his Regal power without consent of both Houses which I shall manifest by these ensuing reasons First From the principal occasion of making this Act. The King as the COMMONS in their * Remâ—…nstrance of the state of the Kingdom 15 Decemb. 1642 complain had dissolved all former Parliaments during his Reign without and against both Houses approbation to their great discontent and the Kingdoms prejudice as his Father King James had dissolved others in his Reign and during their continuance adjourned and prorogued them at their pleasure Now the fear of preventing of the like dissolution prorogation or adjournment of this Parliament after the Scotish Armies disbanding before the things mentioned in the Preamble were effected by the Kings absolute power was the only ground occasion of this Law not any fear or thoughts of its dissolution by the King untimely death then not so much as imagined being before the Warrs or Irish Rebellion brake forth the King very healthy not ancient and likely then to survive this Parliament and many others in both Houses judgment as appears by the Bill for trienniall Parliaments This undeniable Truth is expresly declared by the Commons themselves in their foresaid Romonstrance Exact Collection p. 5. 6. 14. 17. compared together where in direct terms they affirm The ABBRUPT DISSOLUTION OF THIS PARLIAMENT is prevented by another Bil by which it is provided it shall not be dissolved or adjourned without the consent of both Houses In the Bill for continuance of this present Parliament there seems TO BE SOME RESTRAINT OF THE ROYAL POWER IN D SSOLVING OF PARLIAMENTS NOT TO TAKE IT OUT OF THE CROWN BUT TO SUSPEND THE EXECUTION OF IT FOR THIS TIME and OCCASION ONLY which was so necessary for THE KINGS OWN SECURITY and the publick Peace that without it we could not have undertaken any of these great charges but must
by my voluntary payment of it of purpose to maintain an Army to justifie and make good all this by the meer power of the Sword which they can no wayeâ—… justifie and defend by the Lawes of God or the Realm before any Tribunall of God or Men when legally arraigned as they shal one day be Neither of which I can or dare acknowledg wiâ—…hout incurring the guilt of most detestable Perjury and highest Treason against King Kingdom Parliament Laws and Liberties of the people and therfore cannot yeeld to this Assessment Thirdly the principal ends and uses proposed in the pretended Act and Warrants thereupon for payment of this Tax are strong obligations to me in point of Conscience Law Prudence to withstand it which I shall particularly discuss The â—…irst is the maintenance and contiuuance of the present Army and Forces in England under the Lord Fairfax To which I say First as I shall with all readiness gratitude and due respect acknowledg 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 faithfulness 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 Priviledges Members and Proceedings of the late and Being of all future Parliaments imprisoning abusing arraigning condemning and executing our late King against the Votes Faith and Engagements of both Houses and dis-inheriting His posterity usurping the Regall Parliamentall Magistraticall and Ecclesiasticall power of the Kingdom to their Generall-Councell of Officers of the Army as the supreme swaying Authority of the Kingdom and aâ—…empting to alter and subvert the ancient Government Parliaments Laws and Customs of our Realm And upon serious consideration of the ordinary unsufferable Assertions of their Officers and Souldiers uttered in most places where they Quarter and to my self in particular sundry times * That the whole Kingdom with all our Lands Houses Goods and whatsoever we have is theirs and that by right of Conquest they having twice conquered the Kingdom That we are but their conquered slaves and Vassals and they the Lords and Heads of the Kingdom That our very lives are at their mercy and courtesie That when they have got ten all we have from us by Taxes and Free-quarter and we have nothing left to pay them then themselves will seiâ—…e â—…pon our Lands as their own and turn us and our Families out of doors That there is now no Law in England nor never was iâ—… we beleeve their lying Oracle Peters but the Sword with many such like vapouring Speeches and discourses of which there are thousands of witnesses I can neither in Conscience Law nor Prudence assent unto much less contribute in the least degree for their present maintenance or future continuance thus to insult inslave and tyrannize over King Kingdom Parliament People at their pleasure like their conquered Vassals And for me in particular to contribute to the maintenance of those who against the Law of the Land the priviledges of Parliament and liberty of the Subject pulled me forcibly from the Commons House and kept me prisoner about two months space under their Martiall to my great expence and prejudice without any particular cause pretended or assigned only for discharging my duty to the Kingdom and those for whom I served in the House without giving me the least reparation for this unparallell'd injustice or acknowledging their offence and yet detain some of my then fellow-Members under custodie by the meer power of the Sword without bringing them to Triall would be not only absurd unreasonable and a tacit justification of this their horrid violence and breach of priviledg but monstrous unnaturall perfidious against my Oath and Covenant 2. No Tax ought to be imposed on the Kingdom in Parliament it self but in case of necessity for the common good as is clear by the Stat. of 25 E. 1. c. 6. Cooks 2 Instit. p. 528. Now it is evident to me that there is no necessity of keeping up this Army for the Kingdoms common Good but rather a necessity of disbanding it or the greatest part of it for these reasons 1. Because the Kingdom is generally exhausted with the late 7 years Wars Plunders and heavy Taxes there being more moneyes levied on it by both sides during these eight last yeares then in all the Kings Reigns since the Conquest as will appear upon a just computation all Counties being thereby utterly unable to pay it 2. In regard of the great decay of Trade the extraordinary dearth of cattell corn and provisions of all sorts the charge of relieving a multitude of poor people who starve with famine in many places the richer sort eaten out by Taxes and Free-quarter being utterly unable to relieve them To which I might adde the multitude of maimed Souldiers with the widows and children of those who have lost their lives in the Wars which is very costly 3. This heavie Contribution to support the Army destroies all Trade by fore-stalling and engrossing most of the Monies of the Kingdom the sinews and life of Trade wasting the provisions of the Kingdom and enhancing their prices keeping many thousands of able men and horses idle only to consume other labouring mens provisions estates and the publick Treasure of the Kingdom when as their employment in their Trades and callings might much advance trading and enrich the Kingdom 4. There is now no visible Enemy in the field or Garrisons and the sitting Members boast there is no fear from any abroad their Navie being so Victorious And why such a vast Army should be still continued in the Kingdom to increase its debts and payments when charged with so many great Arrears and Debts already eat up the Country with Taxes and Free-quarter only to play drink whore steale rob murther quarrell fight with impeach and shoot one another to death as Traitors Rebels and Enemies to the Kingdom and Peoples Liberties as now the Levellers and Cromwellists doe for want of other imployments and this for the publick Good transcends my understanding 5. When the King had two great Armies in the Field and many Garisons in the Kingdom this whole Army by its primitive Establishment consisted but of twenty two thousand Horse Dragoons and Foot and had an Establishment only of about Fortie five thousand pounds a month for their pay which both Houses then thought sufficient as is evident by their (o) Ordinances of Febr. 15. 1644. and April 4. 1646. And when the Army was much increased without their Order sixty thousand pounds a month was thought abundantly sufficient by the Officers
most of them again acted presently after the Law made against them which was most palpaâ—… broken by him almost in every part of it very soon after His solemn Consent given unto it (1) His imprisoning and prosecuting Members of Parliament for opposing His unlawfull Will and of divers (2) worthy Merchants for refusing to pay Tonnage and Poundage because NOT GRANTED BY PARLIAMENT yet (3) exacted by HIM expresly against Law and punishment of many (4) good Patriots for not submitting to whatsoever â—…e pleased to demand though NEVER SO MUCH IN BREACH OF THE KNOWN LAW The multitude of projects and Monopolies established by Him His designe and charge to bring in (5) Germane-Horse to awe us INTO SLAVERY and his hopes of compleating all by His grand project of (6) Ship-money 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 thâ—…ng of that (7) STRANGE IMPIETY and UNNATURALNESS for the King of England to sheath their swords in one anothers bowels that nothing can answer it but his owne being a Foraigner neither could it easily have purchased belief but by his succâ—…eding visible actions in ful pursuâ—…ance of the same As the Kings coming in person to the (8) House of Commons to seise the five Members whether he was followed with (9) some hundreds of unworthy dâ—…baunched persons aâ—…med with Swords and Pistols and other Armes and thâ—…y attending at the Doore of the House ready to 〈◊〉 whatsoever their Leader should command them The opprâ—…ssions of the Councell-Table Star-Chamber High-Commission Court-Martiall Wardships Purveyances Afforestations and many others of like nature equalled if not farr exceeded now by sundry Arbitrary Committees and Sub-Committees to name no others in all manner of Oppressions and Injustice concluding thus Upon all these and many other unparalleld offences upon his breach of Faith of Oaths and Protestations upon the cry of the blood of England and Ireland upon the tears of Widows and Orphans and childless Parents and millions of persons undone by him let all the world of indifferent men judg whether the Parliament you mean your selves only which made this Declaration had not sufficient cause to BRING THE KING TO JUSTICE And much more you if you imitate or exceed him in all or any of these even by your own verdit 3. Themselves charge the King with profuse Donations of salaries and pensions to such as were found or might be made fit Instruments and promoters of Tyranny which were supplied not by the legal justifiable revenue of the Crown but by Projects and illegal ways OF DRAINING THE PEOPLES PURSES all which mischief and grievance they say wil be prevented in their free State though the quite contrary way as appears by the late large donation of some thousands to Mr. Henry Martin the Lord Lisle Commissary General Ireton and others of their Members and Instruments upon pretence of Arrears or Service some of them out of the moneys now imposed for the releife of Ireland And must we pay Taxes to be thus prodigally expended Fourthly They therein promise and engage That the good old Laws and Customs of England THE BADGES OF OUR FREEDOM the benefit whereof our Ancesters enjoyed long before the conquest and spent much of their blood to have confirmed by the Greâ—…t Charter of the Liberties and other excellent Laws which have continued in all former changes and being duly executed are THE MOST JUST FREE and equal of any other Laws in the world shall be duly continued and maintained by them the LIBERTY PROPERTY and PEACE OF THE SUBJECT BEING SO FULLY PRESERVED BY THEM and the common interest of those WHOM THEY SERVE And if those Lawes should be taken away all Industry must cease all misery blood and confusion would follow and greater Calamities if possible then fel upon us by the late Kings misgovernment would certainly involve all persons under which they must inevitably perish 5. They therein expresly promise p. 26. To order the revenue in such a way That the publick charges may be defrayed The Souldiers pay justly and duly setled That free-quarter may be wholy taken away and THE PEOPLE BE EASED IN THEIR BURTHENS and TAXES And is this now all the ease we feel to have all Burthens and Taxes thus augmented and that against Law by pretended acts made out of Parliament against all these good old Lawes and Statutes our Liberties and Properties which these new Tax-Masters have so newly and deeply engaged themselves to maintain and preserve without the least diminution Thirdly Both Houses of Parliament joyntly and the House of Commons severally in the late Parliament with the approbation of all consent of most now sitting did in sundry ‖ Remonstrances 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 wars 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 birthrights 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 WIL and POWER which imposed WHAT PAYMENTS THEY THOUGHT FIT TO DRAIN THE SUBJECTS PURSES and supply THOSE NECESSITIES which theiril 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 heroick 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 Members who have joyned in these Remonstrances are engaged by them to second me under paine of being adjudged unworthy for ever hereafter to sit in any Parliament or to be trusted by thâ—…ir 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 (‖) That the maintenance of the Laws Liberties Properties of the People were but only guilded dissimulations and specious pretences to get power into their own hands thereby to enable them to
and Army themselves to disband and reduce all super-numeraries maintain the Established Army and Garisons and ease the Country of all Free-quarter which Tax hath been constantly paid in all Counties Why then this Tax to the Army should now be raised above the first Establishment when reduced to twenty thousand whereof sundry Regiments are designed for Ireland for which there is thirty thousand pounds a month now exacted besides the sixty for the Army and this for the common good of the Realm is a riddle unto me or rather a Mystery of iniquity for some mens private lucre rather then the publick weal 6. The Militia of every â—…ounty for which there was so great contest in Parliament with the late King and those persons of livelihood and estates in every Shire or Corporation who have been cordiall to the Parliament and Kingdom heretofore put into a posture of defence under Gentlemen of quality and known integrity would be a far agreater Guard to secure the Kingdom against forreign Invasions or domestick Insurrections then a mercenary Army of persons and souldiers of no fortunes and that with more generall content and the tenth part of that Charge the Kingdom is now at to maintain this Armie and prevent all danger of the undoing pest of Free-quarter Therefore there is no necessity to keep up this Army or impose any new Tax for their maintenance or defraying their pretended Arrears which I dare averr the Free-quarter they have taken in kinde and levied in money if brought to a just account as it ought will double if not treble most of their Arrears and make them much indebted to the Country And no reason they should have full pay and Free-quarter too and the Country bear the burthen of both without full allowance of all the Quarters levied or taken on them against Law out of their pretended Arrears And if any of the sitting Tax-makers here object That they dare not trust the Militia of the Cities and Counties of the Realm with their own or the Kingdoms defence Therefore there is a necessity for them to keep up the Army to prevent all dangers from abroad and Insurrections at home I answer 1. That upon these pretences these new Lords may intail and enforce an Army and Taxes to support them on the Kingdom till Dooms-day 2. If they be real Members who make this Objection elected by the Counties Cities and Boroughs for which they serve and deriving their Parliamentall Authority only from the People the onely nâ—…w fountain of all Power and Authority as themselves now dogmatize then they are but their Servants and Trustees who are to allow them wages and give them Commission for what they act And if they dare not now trust the people and those persons of quality fidelity and estate who both elected intrusted and impowred them and are the primitive and supreme Power it is high time for their Electors and Masters the People to revoke their authority trusts and call them to a speedy account for all their late exorbitant proceedings and mispence of the Kingdoms Treasure and no longer to trust those with their purses liberties safety who dare not now to confide in them and would rather commit the safeguard of the Kingdom to mercenary indigent souldiers then to those Gentlemen Free-holders Citizens Burgesses and persons of Estate who elected them whose Trustees and Attourneys onely they profess themselves and who have greatest interest both in them and the Kingdoms weal and are those who must pay these Mercenaries if continued 3. The Gentlemen and Free-men of England have very little reason any longer to trust the Army with the Kingdoms Parliaments or their own Liberties Laws and Priviledges safeguard which they have so oft invaded professing now that they did not fight to preserve the Kingdom King Parliament Laws Liberties and Properties of the Subject but to conquer and pull them down and make us conquered slaves in stead of free-men averring that All is theirs by conquest which is as much as the King and his Cavaliers or any forreign enemy could or durst have affirmed had they conquered us by Battel And if so then this Army is not cannot be upheld and maintained for the Kingdoms and peoples common good and safety but their enslaving destruction and the meer support of the usurped power authority offices wealth and absolute domination only of those who have exalted themselves for the present above King Parliament Kingdom Laws Liberties and those that did intrust them by the help of this trust-breaking Army who have * lost and stained all the glory of their former noble Victories and Heroick Actions by their late degenerous unworthy practices and are become a reproach to the English Nation in all Christian Kingdoms and Churches The second end of this heavie Tax is the support and maintenance of the Forces in Iâ—…land for which there was only twenty thousand pounds a month formerly allowed now mounted untoâ—… thirty thousand To which I answer in the first place That it is apparent by the printed Statutes of 25. E. 1. c. 6. 1 E. 3 c. 5. 7. 18. Ed. 3. c. 7. 25. Ed. 3. c. 8. 4 H. 4. c. 13. Câ—…oks 2 Institutesâ—… p. 528. and the Protestation of all the Commons of England in the Parliaments of 1 Hen. 5. num 17. and 7. H. 5. num 9. That no Free-man of England ought to be compelled to go in personâ—…â—…r to finde Souldiers Arms Conduct moneâ—… Wages or pay any Tax for or towards the maintenance of aâ—…y forreign War in Ireland or any other parts beyond the Sea without their free consents in full Parliament And therefore this Tax to maintain Souldiers and the Warr in Iâ—…eland neither imposed in Parliament much lesse in a full and free one as I have proved must needs be illegall and no ways obligatory to me or any other 2. Most of the ancient Forces in Irel nd as the Brittish Army Scots and Inchiqueen's towards whose support the twenty thousand pounds a month was designed have been long since declared Rebels Tâ—…aytors Revolters and are not to share in this Contribution and those now pretending for Ireland being Members of the present Army and to be paid out of that Establishment there is no ground at all to augment but to decrease this former monthly Tax for Ireland over what it was before 3. Many of those now pretending for Ireland have been the greatest obstructers of its relief heretofore and many of those designed for this Service by lot have in words writing and print protested they never intend to go thither and disswade others from going yet take Free-quarter on the Country and pay too under that pretext And to force the Country to pay Contribution and give Free quarter to such Cheaters and Impostors who never intend this Service is both unjust and dishonourable 4. If the Relief of Ireland be now really intended it is not upon the first just and pious grounds to preserve the Protestant
A Legall Uindication Of the Liberties of England AGAINST ILLEGALL 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 illegall Tax or Contribution of Ninety Thousand pounds the MONTH Lately imposed on the Kingdom by a pretended Act of some Commons in or rather out of Paâ—liament ESAY 1. 7. He looked for Judgment but behold Oppression for Righteousness but behold a Cry PSAL. 12. 5. For the Oppression of the poor for the Sighing of the needy now 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 groaing of the children of Israel whom the Aegyptians keep in bondage 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 Judgments ECCLES. 4. 1 2. So I returned and considered all the Oppressions that are done under the Sun and beheld the teâ—rs 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 Wherfore I praised the dead which are already dead more then the living which are yet alive London Printed for Robert Hodges and are to be sold by him 1649. REASONS Assigned by WILLIAM PRYNNE c. BEing on the 7th of this instant June 1649 informed by the Assessors of the Parish of 〈◊〉 that I was assessed at 2 l. 5 s. for three months Contribution by vertue of a pretended Act of the Commons 〈◊〉 in Parliament bearing date the seventh of April last assessing the Kingdom at ninty thousand pounds monthly beginning from the 25 of March last and continuing for six months next ensuing towards the maintenance of the Forces to be continued in England and Ireland and the paying of such as are thought fit to be disbanded that so Free-quarter may be taken off whereof 3075 l. 17 s. 1 d. ob is monthly imposed on the County and 2 l. 5 s. 3 d. on the small poor Parish where I live and being since on the fifteenth of June required to pay in 2 l. 5 s. for my proportion I returned the Collector this Answer That I could neither in Conscience Law nor Prudence in the least measure submit to the voluntary payment of this illegall Tax and unreasonable Contribution after all my unrepaired losses and sufferings for the publick Libertie amounting to six times more then SHIP-MONEY the times considered or any other illegall Tax of the late beheaded King so much declaimed against in our three last Parliaments by some of those who imposed this And that I would rather submit to the painfullest death and severest punishment the Imposers or Exactors of it could inflict upon me by their arbitrary power for legall they had none then voluntarily pay or net oppose it in my place and calling to the uttermost upon the same if not better reasons as I oppugned a Ship-money Knight-hood and other unlawfull Impositions of the late King and his Councell heretofore And that they and all the world might bear witnesse I did it not from meer obstinacy or sullennesse but out of folid reaâ—…l grounds of Conscience Law Prudence and publick affection to the weal and liberty of my native Country now in danger of being enslaved under a new vassallage more grievous then the worst it ever yet sustained under the late or any other of our worst Kings I promised to draw up the Reasons of this my refâ—…sall in writing and to publish them so soon as possible to the Kingdom for my own Vindication and the better information and satisfaction of all such as are any wayes concerned in the imposing collecting levying or paying of this strange kinde of Contribution In pursuance whereof I immediatly penned these ensuing Reasons which I humbly submit to the impartâ—…all Censure of all â—…nscientious and judicious Englishmen desiring either their inâ—…enuous Refutation if erroneous or candid Approbation if substantiall and irrefrâ—…gable as my conscience and judgement perswade me they are and that they will appear so to all impartial Perusers after full examination First By the fundamental Laws and known Statutes of this Realm No Tax Tallage Ayd Imposition Contribution Loan or Assessement whatsoever may or ought to be opposed or levied on the free men and people of this Realm of England but by the WILL and COMMON ASSENT of the EARLS BARONS Knights Burgesses Commons and WHOLE REALM in a free and full PARLIAMENT by ACT OF PARLIAMENT All Taxes c. not so imposed levied though for the common defence and profit of the Realm being unjust opprâ—…ssive inconsistent with the Liberty and Property of the Subject Laws and Statutes of the Realm as is undenyably evident by the expresse Statutes of Magna Charta cap. 29 30. 25. E. 1. c. 5. 6. 34. E. 1. De Tallagio non concedendo cap. 1. 21. E. 3. Rot. Parl. n. 16. 25. E. 3. c. 8. 36. E. 3. Rot. Parl. n. 26. 45. E. 3. Rot. Parl. n. 42. 11. H. 4. Rot. Parl. n. 10. 1. R. 3. c. 2. The Petition of Right and Resolutions of both Houses against Loans 3 Caroli The Votes and Acts against Ship-money Knighthood Tonnage and Poundage and the Star-chamber this last Parliament 17. 18. Caroli And fully argued and demonstrated by Mr. William Hackwell in his Argument against Impositions Judg Hutton and Judg Crook in their Arguments and Mr. St. John in his Argument and Speech against Ship money with other Arguments and Discourses of that subject Sir Edward Cook in his 2 Instit. published by Order of the Commons House â—…ag 59. 60. c 527 528 529 532 533 c. with sundry other Râ—…cords and law-books cited by those great Rabâ—…ies of the Law and Patriots of the Peoples Liberties But the present Tax of Ninety Thousand pounds a Month now exacted of me was not thus imposed Therefore it ought not to be demanded of nor levied on me and I ought in conscience law and prudâ—…nce to withstand it as unjust opprâ—…ssive inconsistent with the Liberty and Property of the Subject Laws and Statutes of the Realm To make good the Assumption which is only questionable First This Tax was not imposed in but out of Parliament the late Parliament being actually dissolved above two months before this pretended Act by these Tax-imposers taking away the King by a violent death as is expresly resolved by the Parliament of 1 H. 4. Rot. Parl. n. 1. by the Parliament of 14 H. 4. and 1 H. 5. Rot. Parliam n. 26. Cook 4 Institutes p. 46. and 4. E. 4 44. b. For the King being both the Head beginning end and foundation of
the Parliament as Modus tenendi Parliamentum and Sir Edward Cooks 4. Instit. p. 3. resolve which waâ—… summoned and constituted only by his writ now b actually abated by his death and the Parliament as it is evident by the clauses of the severall Writs of Summons to c the Lords and for the election of Knights and Burgesses and levying of their wages being onely PARLIAMENTUM NOSTRUN the Kings Parliament that is dead not his Hâ—…irs and Succâ—…ssors and the Lords and Commons being all summoned and authorized by it to come to HIS PARLIAMENT there to be present and conferre with HIM NOBISCUM not His Heirs and Successors of the weighty urgent affâ—…ires that concerned NOS HIM and HIS KINGDOME of England and the Kâ—…ights and Burgesses receiving their wages for Nuper ad NOS ad PARLIAMENTUM NOSTRUM veniendo c. quod sommoneri FECIMUS ad tractaâ—…dum ibidem super diversis arduis Negotiis NOS Staâ—…um REGNINOSTRI tangentibus as the tenor of the d Writs for their wages determines The King being dead and his Writ and Authority by which they are summoned with the ends for which they were called to confer with HIM about HIâ—… and HIS KINGDOMS affairs c. being thereby absolutely determined without any hopes of revivall the Parliament it self must thereupon absolutely be determined likewise especially to those who have dis-inherited HIS HEIRS and SUCCESSORS and voted down our Monarchy it self and these with all other Members of Parliament cease to be any longer Members of it being made such only by the Kings abated Writ even as all Judges Justices of peace and Sheriffs made only by the Kings Writ or Commission not by Letters Patents cease to be Judges Justices and Sheriffs by the Kings death for this very reason because they are constituted Justiciarios Vicecomites NOSTROS ad Pacem NOSTRAM c. custodiendam and he being dead and his Writs and Commissions expired by his death they can be his Judges Justices and Sheriffs no longer to preserve HIS Peace c. no more then a wife can be her deceased Husbands Wife and bound to his obedience from which she was loosed by his death Rom. 7. 2 3. And his Heirs and Successors they cannot be unlesse he please to make them so by his new Writs or Commissions as all our e Law-books and Judges have frequently resolved upon this very reason which equally exnends to Members of Parliament as to Judges Justices and Sheriffs as is agreed in 4 E. 4. 43 44. and Brooke Office and Officer 25. Therefore this Tax being clearly imposed not in but out of and after the Parliament ended by the Kings decapitation and that by such who were then no lawfull Knights Citizens Burgesses or Members of Parliament but onely private men their Parliamentary Authority expiring with the King it must needs be illegall and contrary to all the fore-cited Statutes as the Convocations and Clergies Tax and Benevolence granted after the Parliament dissolved in the year 1640. was resolved to be by both Houses of Parliament and those adjudged high Delinquents who had any hand in promoting it 2. Admit the late Parliament still in being yet the House of Peers Earls and Barons of the Realm were no ways privie nor consenting to this Tax imposed without yea against their consents in direct afsront of their most ancient undubitable Parliamentary Right and priviledges these Tax-masters having presumed to vote down and null their very House by their new encroached transcendent power as appears by the title and body of this pretended Act entituled by them An Act of THE COMMONS assembled in Parliament Whereas the Houâ—…e of Commons alone though full and free have no more lawfull Authority to impose any Tax upon the people or make any Act of Parliament or binding Law without the Kings or Lords concurrence then the man in the Moon or the Convocation Anno 1640. after the Parliament dissolved as is evident by the eâ—…press words of the fore-cited Acts the Petition of Right it self 〈◊〉 for the Trienniall Parliament and against the proroguing or diâ—…olving this Parliament 17. Caroli with all our printed Statutes (f) Parliament-Rolls and (g) Law-Books they neither having nor challenging the sole Legislative power in any age and being not so much as summoned to nor constituting mâ—…mbers of our (h) ancient Parliaments which coâ—…sisted of the King and Spirituall and Temporall Lords without any Knights Citizens or Burgesses as all our Histories and Records attest till 49 H. 3. at soonest they having not so much as a Speaker or Commons House til after the beginning of King Ed. the third's reign and seldom or never presuming to make or tender any Bills or Acts to the King or Lords but Petitions only for them to redress their grievances and enact new Laws til long after Rich. the seconds time as our Parliament Rols and the printed prologues to the Statutes of 1. 4. 5. 9. 10. 20. 23. 36. 37. and 50. Eâ—… 4. 1 Rich. 2. 1. 2. 4. 5. 7. 9. 11. 13. Hen. 4. 1. 2. 3. 4. 8. 9. Heâ—… 3. 1. 2. 3. 4. 6. 8. 9. 10. 11. 14. 15. 29. 28. 29. 39. Hen. 6. â—… 4. 7. 8. 12. 17. 22 Ed. 4. and 1 Rich. 3. evidence which run all in this form At the Parliament holden c. by THE ADVICE and ASSENT OF THE LORDS SPIRITUALL and TEMPORALL and at THE SPECIALL INSTANCE and REQUEST OF THE COMMONS OF THE REALM BY THEIR PETITIONS put in the said Parliameâ—… as some prologues have it Our Lord the King hath cauâ—…ed to be ordaineâ—… or ordained CERTAIN STATUTES c. where the advising and assenting to Lawes is appropriated to the Lords the ordaining of them to the King and nothing but the requeâ—…ting of and petitioning for them to the Commons both from King and Lords in whom the Legislative power principally if not soseâ—…y resided as is manifest by the printed Prologue to the Statute of Merton 20. Hen. 3. The Statute of Mortemain 7 Ed. 1. 31. Ed. 1. De Asportatis Religiosorum the Statute of Sheriffs 9. E. 2. and of the Templers 17 E. 2. to cite no more Therefore this Tax imposed by the Commons alone without King or Lords must needs be void illegall and no ways obligatory to the subjects 3. Admit the whole House of Commons in a full and free Parliament had power to impose a Tax and make an Act of Parliament for levying it without King or Lords which they never did nor pretended to in any age yet this Act and Tax can be no ways obliging because not made and imposed by a full and free House of Commons but by an empty House packed swayed over-awed by the chief Officers of the Army who have presumed by meer force and armed power against law and without president to seclude the major part of the House at least 8 parts of 10 who by law and custom are the House it self from sitting
Kings Lords or Commons meaning by this act to set up a Parliament onely of Commons much lesse of a remnant of a Commons House selected by Colonel Pride and his Confederates of the Army to serve their turns and vote what they prescribed without either King or House of Peers much leâ—…se to give them any super-transcendent authority to vote down and abolish the King and house of Lords and make them no Members of this present or any future Parliaments without their own order or aâ—…sent against which so great usurpation and late dangerous unparliamentary encroachments this very act expresly provides in this clause That the House of Peers wherein the King sits as Soveraign when he pleaseth shall not at any time or times during this present Parliament be adjourned much less then dissolved excluded or suspended from sitting or voting which is the greater and that by their inferiours in all kindes a Fragment of the Commons House who can pretend no colour of Jurisdiction over them before whom they alwayes stood bare-headed like so many Grand-Jury-men before the Judges and attended at their Doors and Bar to know their pleasures unlesse it be by Themselves or by their own Order 5. That neither the King Lords nor Commons intended to set up a perpetuall Parliament and intail it upon them their Heirs and Successors for ever by this Act which would cross and repeal the Act for 〈◊〉 Parliameâ—…ts made at the same time and on the same * day in Law but to make provision only against the untimely dissolving of this till the things mentioned in the Prèamble were accomplished and setled as the Preamble and those oft repeated words any time or times during the continuance of this present Parliament conclude and that during His Majesties Reign and life not after his death as these words coupled with The relief of his Majesties Army and People and for supply of His Majâ—…sties preâ—…ent â—…nd urgent occasions in the Preamble manifest Therefore this Act can no wayes continue it a parliament after the Kings beheading much lesse after the exclusion both of the King and Lords House out of parliament by those now siâ—…ting contrary to the very letter and provision of this Act by which devâ—…ce the King alone had he conquered and cut off or secluded by his Forces the Lords and Commons House from sitting might with much more colour have made himself an absolute parliament to impose what Taxes and Laws he pleased without Lords or Commons on the people by vertue of this Act then those few Commons now sitting since his tryall and death doe 6. The last clause of this Act And that all and every thing or tâ—…ings whatsoever DONE OR TO BE DONE to wit by the King or His Authority for the adjournment proroguing or dissolving of THIS PRESENT PARLIAMENT CONTRARY TO THIS PRESENT ACT SHALL BE UTTERLY VOID and of NONE EFFECT Now death and a dissolution of this parliament by the Kings death cannot as to the King be properly sâ—…iled a Thing done or to be done by Him for the adjournment proroguing or dissolving of this parliament contrary to this present Act which cannot make the Kings death utterly voiâ—… and of none effect by restoring him to his life again Therefore the dissolution of the parliament by the Kings death is cleerly out of the words and intentions of this Act especially so many yeers after its Enacting 7. This present Parliament and every Member thereof being specially summoned by the Kings Wâ—…it only to be HIS Parliament and Councell and to conferre with HIM of the great and urgent affaires concerning HIM and HIS Kingdom and these Writs and Elections of them returned unto HIM and HIS COURT by Indenture and the persons summoned and chosen by vertue of them appearing only in HIS Parliament for no other ends but those expressed in HIS WRITS it would be both an absuâ—…dity and absolute impossibility to assert that the Houses intended by this Act to continue this Parliament in being after the Kings beheading or death unless they that maintain this paradox be able to inform me and those now sitting how they can conferr and advise with a dead King of things concerning Him and His Kingdom and that even after they have extirpated Monarchy it self and made it Treason to assert or revive it and how they can continue still HIS Parliament and Councell whose head they have cut off and that without reviving or raising him from his grave or enstalling His right Heir and Successor in His Throne to represent His Person neither of which they dare to doe for fear of losing their own Heads and Quarters too for beheading him This Tax therefore being imposed on the Kingdom long after the Kings beheading and the Parliaments dissolution by it must needs be illegall and meerly void in Law to all intents because not granted nor imposed in but out of Parliament by those who were then no Commons nor Members of a Parliament and had no more authority to impose any Tax upon the Kingdom then any other forty or fifty Commoners whatsoever out of Parliament who may usurp the like authority by this president to Tax the Kingdom or any County what they please and then Levy it by an Army or force of Armes to the peoples infinite endless oppression and undoing This is my first and principall exception against the Legality of this Tax which I desire the Imposers and Levyers of it most seriously to consider and that upon these important considerations from their own late Declarations First themselves in their own Declaration of the 9th February 1648. have protested to the whole Kingdom That they aâ—…e fully resolved to maintain and shall and will uphold preserve and â—…ep the fundamentall Lawes of this Nation for and concerning the PRESERVATION OF THE LIVES PROPERTIES and LIBERTIES OF THE PEOâ—…LE with all things incidâ—…nt thereunto which how it will stand with this Tax imposed by them out of Parliament or their Act concerâ—…ing New TREASONS I desire they would satisfie me and the Kingdom before they levy the one or proceed upon the other against any of their follow-Subjects by meer arbitrary armed power against Law and Right Secondly themselves in their Declaration expressing the grounds of their late proceedings and setling the present Government in way of a Free-State dated 17. Martii 1648. engage themselves To prooure the well-being of those â—…hom theâ—… serve to renounce oppression arbitrary power and all opposition to the peace and Freedome of the Nation And to prevent to their power the reviving of Tyrannie Injustice and all former evils the only end and duty of all their Labors to the satisfaction of all concerned in it 2. They charge the late King for exceeding all His predecessors in the destruction of those whom he was bound to preserve To manifest which they instance in The Loanes unlawfull Imprisonments and other Oppressions which produced that excellent Law of the Petition of Right which were
destroy and subvert both Lawes Liberties and Properties at last And not any thing like them to introduce Anarchy Democracy Parity Tyranny in the Highest degree and new formes 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 compliance with them but to enslave and undoe themselves and to be last destroyed Which royal Predictions many complaine we finde too truely verified by those who now bear rule under the Name and visour of the Parliament of England since its dissolution by the Kings decapitation and the Armies imprisoning and seclusion of the Members who above all others are obliged to disprove them by their answers as wel as declarations to the people who regard not words but reall 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 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 illegall 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 and custome 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. and asserted by Master 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. As I should admit these to be lawfull Members and these unlawfull void Writs to be good in Law so I should thereby tacitly admit ex post facto assent to some particulars against my knowledg judgment conscience Oaths of Supremacy Allegiance Protestation and solemn League and Covenant taken in the presence of God himself with a sincere heâ—…rt and reall intention to perform the same and 〈◊〉 therein al the days 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 judgments of all now sitting that know anything of Parliaments and the whole Kingdom if they durst speak their knowledg know beleeve 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 lawful Authority to violate the Priviledges Rights Freedomes 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 ereâ—…t new Arbitrury Courts of war and Justice 〈◊〉 aâ—…aign condemn execute the King himself with the Peers Commons of this Realm by a new kind of Martial law contrary to Magna Charta the Petition of Right and Law of the Land dis-inherit the Kings posteâ—…ty of the crown extirpat Monarchy the whole house of Peers change and subvert the ancient Government Seals Lawâ—… Writs legal proceedings Courts and coin of the Kingdom â—…ell and dispose of all the Lands Revenues Jewels goods of the Crowne 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 very Oath of Allegiance notwithstanding this express clause in it which I deâ—…ire may be â—…riously and conscienciously considered by all who have sworne it I do â—…eleeve and in Conscienâ—… am râ—…olved that neither the Pope NORANY PERSON WHATSOEVER HATH POWER TO ABSOLVE ME OF THIS OATH OR ANY PART THEREOF which I acknowledge by good and â—…ull Authority to be lawfully ministred unto me and DO RENOUNCE ALL PARDONS AND DISPENSATIONS TO THE CONTRARY dispense with our Protestations Solemn League and Covenant so lately * zealously uâ—…ged and injoyned by both Houses on Members Officers Ministers and all sorts of Pâ—…ople throughout the Realm 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 legall cause or tryall to make what new Acts Lawes and reverse what old ones they think meet to insnare inthral our Consciences Estates Liberties Lives to create new monstrous Treasons never heard of in the world before and declare râ—…ll treasons against King Kingdome Parliament to be no trâ—…asons and Loyalty Allegiâ—…nce due obedience to our knowne Lawes and consciencious observing of our Oaths and Covenant the breach whereof would render us actuall Traytors and perjurious persons to be no lesse then 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 livâ—…s to the Gallowes 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. Edw. 3. cap. 4. 28. Ed. 3. c. 3. 37. E. c. 18. 42. E. 3. cap. 3. 25. Ed. 3. cap. 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 Caroâ—… 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 invasions rayse 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 as often and as long as they please to support their own encroached more then Regall Parliamentall Super-transcendent Arbitrary power over us and all that is ours or the Kingdoms at our private and the publique charge against our wils judgments consciences to our absolute enslaving and our three Kingdomâ—… râ—…ine by engaging them one against another in new Civill wars and exposing us for a prey to our Forraign Enemies All which with other particulars lately acted and avowed by the Imposers of this Tax by colour of that pretended Parliamentary Authority by which they have imposed it I must necessarily admit acknowledg to be just and legall
party there from the forces of the bloody Popish Irish Rebels with whom if report be true these sitting Anti-Monarchists seek and hold correspondence and are now actually accorded with Owen Roe-Oneal and his pary of bloudiest Papists but to oppose the Kings interest and Title to that Kingdom * setled on HIM HIS HEIRS SUCCESSORS FOR EVER by an express act of Parliament made in Ireland 33. H. 8. c. 1. and by the Stat. of 1 Jac. c. 1. made in England yet unrepealed and the Protestant remaining party there adhering to and proclaiming acknowledging him for their Soveraign lest his gaining of Irâ—…land should prove fatall to their usurped Soveraignty in England or conduce to his enthroning here And by what Authority these now sitting can impose or with what conscience any loyal Subject who hath tagen the Oaths of Supremacy Allegeance and Covâ—…nt can voluntarily pay any Contribution to deprive the King of his hereditary right and undoubted title to the Kingdoms Crowns of England Ireland and alter the frame of the ancient Government and Parliaments of our Kingdoms p Remoâ—…strated so often against by both Houses and adjudged High Treason in Canterburies and Straffords cases for which they were beheaded and by themselves in the Kings own case whom they decolled likewise without incurring the guilt of perjury and danger of high Treason to the loss of his life estate by the very laws and Statutes yet in force transcends my understanding to conceive Wherfore I neither can nor dare in conscience law or prudence submit to this contribution Fourrhly The coercive power and manner of levying this contribution expressed in the Act is against the Law of the Land and Liberty of the Subject which is threefold First Distresse and sale of the goods of those who refuse to pay it with power to break open their Houses which are their Castles doors chests c. to distrain which is against Magna Charta c. 29. The Petition of Right The Votes of both Houses in the case of Ship-mony 1 R. 2. c. 3. and the resolution of our Judges and Law-books 13. Ed. 4. 9. 20. E. 4. 6. Cook 5 Report f. 91 92. Semains case and 4. Inst. p. 176. 177. Secondly Imprisonment of the body of the party till he pay the Contribution being contrary to Magna Charta The Petition of Right The resolution of both Houses in the Parliament of 3 Caroli in the case of Loans and 17 Caroli in the case of Ship-mony the judgment of our Judges and Law-books collected by Sir Edward Cook in his 2 Inst. p. 46. c. and the Statute of 2. H. 4. Rot. Parl. n. 6. unprinted but most expresse in point Thirdly Levying of the contribution by souldiers and force of arms in case of resistance and imprisoning the person by like force adjudged High Treason in the case of the Earl of Strafford and a levying of war within the Statute of 25. Ed. 3. by the late Parliament for which he lost his head and so proved to be at large by Master St. Iohn in his Argument at Law at the passing the Bill for his attainder Printed by Order of the Commons House Fourthly Which heightens the illegality of these illegall means of levying it if any person whose goods are destrained or person imprisoned for this illegall tax shall bring his Action at Law or an Habeas corpus for his relief the Committee of Indempnity will stay his legall proceedings award costs against him and commit him anew till he pay them and release his suits at Law and upon an Habeas corpus their own Sworn Judges created by them without any Oath to do equal Justice c. to all but only to be true and faithfull to their new-erected State dare not bayl but remaund him against Law An oppression and Tyranny far exceeding the worst of the Beheaded Kings under whom the Subjects had Free-Liberty to sue and proceed at Law both in the cases of Loanes Shipmony and Knighthood without any Councel 〈◊〉 Committee of Indempnity to stop their suits or inforce them to release them and therefore in all these respects so repugnant to the Laws and Liberty of the Subject I cannot submit to this illegall Tax but oppugn it to the utetrmost as the most invasive on Laws and Liberties that ever was Fifthly The time of imposing this illegall Tax with these unlawfull ways of levying it is very considerable and sticks much with me it is as the Imposers of it declare and publish in many of their new kind of Acts and devices in the first yeare of Englands Liberty and redemption from thraldom And if this unsupportable Tax thus illegally to be levied be the first fruits of our first years Freedom and redemption from thraldom as they stile it how great may we expect our next years thraldome will be when this little finger of theirs is heavier by far then the Kings whole loyns whom they beheaded for Tyranny and Oppression Sixthly The Order of this Tax if I may so term a disorder or rather newnesse of it engageth me and all lovers of their Countries Liberty unanimously to withstand the same It is the first I finde that was ever imposed by any who had been Members of the Commons House after a Parliament dissolved the Lords House Voted down and most of their fellow Commoners secured or secluded by their conâ—…ivance or confederacy with an undutifull Army Which if submitted to and not opposed as illegall not only the King or Lords alone without the Commons buâ—… any forty or fifty Commoners who have been Members of a Parliament gaining Forces to assist and countenance them may out of Parliament now or any time hereafter do the like and impose what Taxes and Laws they please upon the Kingdom and the secluded Lords and Comâ—…ons that once sate with them being encouraged thereto by such an unopposed precedent Which being of so dangerous consequence and eximple to the constitution and priviledges of Parliament and Liberties of the People we ought all to endeavour the crushing of this new Cockatrice in the shell lest it grow to a Fiery Serpent to consume and sting us to death and induce the Imposers of it to lade us with new and heavier Taxes of this kinde when this expires which we must expect when all the Kings B shops Deans and Chapters Lands are shared amongst them sold and spent as they will quickly be if we patiently submit to this leading Decoy since (q) Bonus Actus inducit consuetudinem as our Ancestors resolved Anno 1240. in case of an unusuall Tax demanded by the Pope whereupon they all unanimously opposed it at first (r) Opprime dum nova sunt subiti mala semina morbi Principiis obsta serò medecina paratur Cum mala per longas invaluere moras Being the safestrule of State-physick we can follow in such new desperate diseases which endanger the whole Body-Politick Upon which grounds the most consciencious
of his Company repaired thither making all the spoil they could and taking away some brasse and Pewter continuing there till neer four of the clock and then marched away onely 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 in stead 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 money they could from the Country by their violence and disorders Now for me or any other to give moneys 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 civill persons to be Masters of our Houses Goods Servants Lives and all we have to ride over our heads like our Lords and Conquerâ—urs and take Free-quarter on us amounting to at least a full yeers contribution without any allowance for it and that since the last Orders against Free-quarter and Warrants for paying in this Tax to prevent it for the future issued is so far against my Reason Judgment and Conscience that I would rather give all away to suppresse discard them or cast it into the fire then maintain such graceless 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 Majors house and threatned to seise and carry him away prisoner for denying to give them Free-quarter contrary to the New Act for abolishing it Lastly This pretended 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 wil prove not only to distrain and imprison those who cannot in conscience Law or prudence submit to this illegall 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 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 setlement and as long as we wil submit to pay contributions to support an Army we shall be certain our new Lords and Governors will continue an Army to over-aw and enslave us to their wils Therefore the onely 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 England Scotland and Ireland to which he hath an undoubted right by common and Statute Law as the Parliament of 1 Jacobi ch. 1. resolves and to levie War against him to deprive him of it To subvert the ancient Monarchical Government of this Realm under which our Ancesters have always 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 or discern the least ease or advantage by it To overthrow the ancient constitution of the Parliament of England consisting of King Lords and Commons and the Rights and Priviledges 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 forreign States not to change the Government or attempt any of the Premises All which being no less then High Treason by the Laws and Statutes of the Realm as Sir Edward Cook in his 4. Institutes ch. 1. and Mr. St John in his Argument at Law upon passing the Bill of Attainder of the Earl of Strafford both printed by the Commons special Order have proved at large by many Precedents Reasons Records and so adjudged by the last Parliament in the cases of Strafford and Canterbury who were condemned and executed as Traitors by Judgment of Parliament and some of these now sitting but for some of those Treasons upon obscurer Evidences of guilt then are now visible in other I cannot submit thereto without incurring the Crime and Guilt of thefe severall High Treâ—…sons and the eternal if not temporal punishments incident thereunto if I should volutarily contribute so much as one penny or farthing towards such Treasonable and disloyal ends as these against my Conscience Law Loyalty and Duty and all my Oaths and Obligations to the contrary Tenthly The payment of this Tax for the premised purposes will in my poor judgment and conscience be offensive to God and all good men scandalous to the Protestant Religion dishonourable to our English Nation and difadvantagious and destructive to our whole Kingdom hindering the speedy settlement of our Peace the re-establishment of our Laws and Government abolishing of our Taxes disbanding of our Forces revivall of our decayed Trade by the renewing and perpetuating our bloody uncivill Warrs engaging Scotland Ireland and all forreign Princes and Kingdoms in a just War against us to avenge the death of our late beheaded King the dis-inheritâ—…ng of his posterity and restore his lawfull Heirs and Successors to their just undoubted Rights from which they are now forcibly secluded who will undoubtedly molest us with continuall Warrs what-ever some may fondly conceit to the contrary till they be setled in the Throne in peace upon just and honorable terms and invested in their just possessions Which were far more safe honorable just prudent and Christian for our whole Kingdom voluntarily and speedily to do themselves then to be forced to it at last by any forraign Forces the sad consequences whereof we may easily conjâ—…cture 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 consequences by any submission to
this illegall Tax Upon all these weighty Reasons and serious grounds of Conscience Law Prudence which I humbly submit to the Consciences and Judgments of all conscientious and Judicious persons whom they do or shall concern I am resolved by the assistance and strength of that 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 the ruine of my greatest enemies and Opposers to oppugne this unlawfull Contrbution and the payment of it to the uttermost in all just and lawfull wayes I may And if any will forcibly levie it by distresse or otherwise without Law or Right as Theeves and Robbers take mens goods and Purses let them doe it at their own utmost perill I trust God and men will in due season do me justice upon them and award me recompence for all their injuries in this kinde or any sufferings for my Countries Liberties How ever fall back fall edge I would ten thousand times rather loâ—…e life and all I have to keep a good conscience and preserve my native Liberty then part with one farthing or gain the whole world with the losse of either of them and rather die a Martyr for our Ancient Kingdom then live a Slave under any new Republick or remnant oâ—… a broken dismembred strange Parliament of Commons without King Lords or the major part of the Knights Citizens and Burgesses of the Realme in being subject to their illegal Taxes and what they call Acts of Parliament which in reality are no Acts at all to binde me or any other subject to obedience or just punishment for Non obedience thereunto or Non-conformity to what they stile the present Government of the Armies modeling and I fear the Jesuites suggesting to effect our Kingdoms and Religions ruine WILLIAM PRYNNE SWAINSWICK June 16 1649. PSAL. 26. 4 5. I have not sate with vain persons neither will I go in with Dissemblers I have hated the Congregation of evill doers and will not sit with the wicked FINIS A POSTCSRIPT SInce the drawing up of the precedent Reasons I have met with a printed Pamphlet intituled An Epistle written the 8th day of June by Lieutenant Colonel John Lilburn to Master William Lenthal Speaker to the remainder of those few Knights Citizens and Burgâ—…es that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster as most fit for his and his Masters designes to serve their ambitious and tyrannicall ends to destroy the good old Laws Liberties and Customs 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 stile themselves The Conservators of the Peace of England or the Parliament of England intrusted and authorized 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 hundred or thousand part of them authorized Thomas Pride with his Regiment of Souldiers to chuse them a Parliament as indeed it hath de facto done by this PRETENDED MOCK-PARLIAMENT And therefore it cannot properly be called the Nations or Peoples Parliament but Col. Prides and his Associates whose really it is who although they have beheaded the King for a Tyrant yet walk in his oppressingest steps if not worse and higher In this Epistle this late great champiâ—…n of the House of Commons and fitting â—…cto's Supremacy both before and since the Kings beheading who with his Brother a 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 formall and legall 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 Personall Treaty as he and they print and boast in b this Epistle and other late Papers 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 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 immediatly before their late march to London to purge the House and after at White-hall commonly stile themselves the pretended Parliament even before the Kings beheading a MOCK PARLIAMENT a MOCK POWER a PRETENDED PARLIAMENT 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 reall 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 Sword-men whom we had already found to be men of no very tender consciences 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 resolved to pull it up by the roots as such then it necessarily follows 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 rationall men And no wayes enabled by Law to impose this or any other new Tax or Act upon the Kingdom creating new Treasons andâ—…Penalties Secondly that these grand saints of the Army and Stearsmen of the Pretended Parliament knowingly sit vote and act there against their own judgements 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 Army to sit or vote together with them or to enjoy any Office or command in the Army or to impose any tax upon the People to maintain such Officers Members Souldiers who have thus
faith truth nor common honesty amongst them but likewise Murtherers who had shed mens blood against Law as well as the King whom they beheaded and therefore by the same Texts and arguments they used against the King their blood ought to be shed by man and they to be surely put to death without any satisfaction taken for their lives as Traytors Enemies Rebels to and (i) conspirators against the late King whom they absolutely resolved to destroy though they did it by Martial Law Parliament Kingdome and the peoples Majesty and Soveraignity That the pretended House and Army are guilty of all the late crimes in kinde though under a new Name and notion of which they charge the King in their Declaration of the 17. of March 1648. that some of them more legally deserve death then ever the King did and considering their many Oathes Covenants Promises Declarations and Remonstrances to the contrary with the highest promises and pretences of good for the people and their declared Liberties that ever were made by men the most perjured pernicious false faith and Trust-breakers and Tyrants that ever lived in the world and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed by how much more under the pretence of friendship and brotherly kindness they have done all the mischiefe they have done in destroying our Lawes and liberties there being no Treason like Judas his Treason who betrayed his Lord and Master with a kisse c. And shall we then submit to their Taxes and new Acts or trust them with our estates lives liberties and the supreme power if such now in their own late adorers eyes Seventhly He there asserts (k) That whosoever stâ—…ps to their new change of Government and Tyranny and supports it is as absolute a Traytor both by Law and Reason as evèr was in the world If not against the King PRINCE CHARLES heir apparent to his Fathersâ—… Croâ—…n and Throne yet against the peoples Majesty and Soverâ—… And if this be true as it is That this purg'd Parliament IS NO PARLIAMENT AT ALL then there is neither legal Judges nor Justices of Peace in England And if so then all those that are executed at Tiburn c. by their sentence of condemnation are meerly murthered and the Judges and Justices that condemned them are liaeble in time to be hangedâ—… and that justly therefore for acting without a just and legal Commission either from TRUE REGAL OR TRUE PARLIAMENTARY POWER except in corporations only where they proceed by ancient Charters in the Ancient Legal form And if this be Law and (l) Gospel as no doubt it is then by the same reason not only all legal proceedings Indictments Judgments Verdicts Writs Tryals Fines Recoveries Recognisances and the like before any of our new created Judges and Justices since the Kings beheading in any Courts at Westminster or in their Circuits Assisses or quarter Sessions held by new Commissions with all Commissions and Proceedings of Sheriffs are not only meerly void illegal coram non judice to all intents with all Bills Decrees and Proceedings in Chancery or the Rolls and all Judges Justices Sheriffs now acting and Lawyers practising before them in apparent danger of High-Treason both against King Kingdom they neither taking the Oathes of Judges Supremacy or Allegiance as they ought by Law but only to be true and faithful to the new Erected State but likewise all votes and proceedings before the pretended House or any of their Committees or Sub-Committees in the Country with all their Grants and Offiâ—…es Moneysâ—… Salaries Sequestrations Sales of Lands or goods Compositions c. meer Nullities and illegal acts and the proceedings of all active Commissioners Assessors Collâ—…ctors Treasurers c. and all other Officers imployed to levy and to collect this illegal tax to support that usurped Parliamentary Authority and Army which have beheaded the late King dis-inherited his undoubtedâ—…Hâ—… levyed war against and dissolved the late Houses of Parliament subverted the ancient Government of this Realm the constitution and Liberties of our Parliaments the Lawes of the Kingdom with the Liberty and property of the people of England no less then High Treason in all these respects as is fully proved by Sir Edward Cook in his 3. Institutes ch. 1. 2. and by Mr. St. John in his Argument at Law at the attainder of the Earl of Strafford both published by the late Commons House Order which I desire all who are thus imployed to consider especially such Commissioners who take upon them to administer a new unlawful Ex-Officio Oath to any to survey their Neighbours and their own estates in every parish and return the true values thereof to them upon the new prov'd rate for the 3 last months contribution and to fine those who refuse to do it a meer diabolical invention to multiply perjuries to damne mens souls invented by Cardinal Woolsy much enveighed against by Father Latimer in his Sermons condemned by the expresse words of the Petition of Right providing against such Oathes and a sâ—…are to enthrall the wealchier sort of people by discovering their estates to subject them to what future Taxes they think fit when as the whole House of Commons in no age had any power to administer an Oath in any case whatsoever much lâ—…sse then to conferre any authority on others to give such illegall Oathes and fine those who refuse them the highest kind of Arbitrary Tyranny both over mens Consciences Properties Liberties to which those who voluntarily submit deserve not only the name of Traytors to their Country but to be (m) boared through the ear and they and their posterities to be made Slaves for ever to these new Tax-masters and their Successors and those who are any wayes active in imposing or administring such Oathes and levying illegall Taxes by distresse or otherwise may and will undoubtedly smart for it at last not only by Actions of Trespasse false Imprisonment Accompt c. brought against them at the Common Law when there will be no Committee of Indempnity to protect them from such suits but likewise by inditements of High Treason to the deserved losse of their Estates Lives and ruine of their families when there wil be no Parliament of purged Commoners nor Army to secure nor legaâ—… plea to acquit them from the guilt and punishment of Traytors both to their King and Country pretended present sordid fear of loss of Liberty Estate or the like being no (n) excuse in such a case and time as this but an higher aggravation of their crime the (o) FEARFUL being the first in that dismall list of Malefactors who shall have part in the lake which burneth with fire and brimstome which is the second death even by Christs own sentence JOHN 18. 34. To this end was I born and for this cause came I into the world that I should bear witnesse unto the truth FINIS a See my
have left both the Armies to disorder and confusion and the whole Kingdom to blood and rapine In which passages we have a clear resolution of the Commons themselves immediately after the passing of this Act that the scope and intention of it was only to provide against the Kings abrupt dissolution of the Parliament by the meer royall power in suspending the execution of it for this tiâ—…e and occasion only and that for the Kings own security not his Heirs and Successors as well as his peoples peace and safety Therefore not against any dissolutions of it by his natural much lesse his violent death which can no ways be interpreted an Act of his Royall power which they intended hereby not to take out of the Crown but only to suspend the execution of it for this time and occasion and that for his security but a naturall impotency or unnaturall disloyalty which not only suspends the execution of the Kings power for a time but utterly destroies and takes away him and it without hopes of revival for evâ—…r Secondly the very title of this Act An Act to prevent Inconveniences which may happen by the UNTIMELY adjourning proroguing or DISSOLUTION of this present Parliament intimates as much compared with the body of it which provides as wel against the adjourning and proroguing of both or either Houses without an Actof Parliament as against the dissolution of the Parliament without an Act. Now the Parliament cannot possibly be said to be adjourned or prâ—…gued in any way or sence much less untimely by the Kings death which never adjourned or prorogâ—…d any Parliament but only by his Proclamation writ or royal command to the Houses or their Speaker executed during his life as all our Journals ‖ Parliament Rolls and * Law-Books resolve though it may be dissolved by his death as wel as by his Proclamation writ or royal command And therefore this title and act coupling adjourning proroguing and dissolving this Parliament together without consent of both Houses by act of Parliament intended only a dissolution of this Parliament by such Prerogative wayes and meanes by which Parliaments had formerly been untimely adjourned and prorogâ—…ed as well as dissolved by the Kings meer will without their assents not of a dissolution of it by the Kings death which never adjourned nor prorogued any Parliament nor dissolved any formerly sitting Parliament in this Kings reign or his Ancestors since the deathof King Henry the 4th the only Parliament we read of dissolved by death of the King since the conquest and so a mischief not intended nor remedied by Act Thirdly The prologue of the act implies as much Whereas great sums of money must of necessity be SPEEDILY advanced procured for the relief of HIS MAJESTIES ARMY and PEOPLE not his Heirs or Successors in the Northern parts c. And for supply of other HIS MAJESTIES PRESENT and URGENT OCCASIONS not his Heirs or Successors future occasions which cannot be so timely effected as is requisite without credit for raising the said monies which credit cannot be attained until such obstacles be first removed as are occasioned BY FEAR JEALOUSIES and APPREHENSIONS OF DIVERS OF HIS MAJESTIES LOYAL SUBJECTS THAT THE PARLIAMENT MAY BE ADJOURNED PROROGUED OR DISSOLUED not by the Kings sodain or untimely death of which there was then no fear Jealousy or apprehension in any his Majesties Loyal Subjects but by his Royal Prerogative and advice of ill Councellors before justice shall be duly executed upon Delinquents then in being nor sprung up since publique grievances then complained of râ—…dressed a firm peace betwixt the two Nations of England and Scotland concluded and before sufficient provisions be made for the repayment of THE SAID MONEYS not others since so to be raised All which the Commons in this present Parliament assembled having duely considered do therefore humbly beseech your Majesty â—…at it may be declared and enacted c. â—…ll which expressions relateâ—… onely TO HIS late Majesty only not his Heirs and Successours and the principal scope of this 〈◊〉 to gain present credit to raise moneys to disband the Scotish and English Armies then lying upon the Kingdom being many yeers since accomplished yea and justice being since executed upon Strafford Canterbury and other Delinquents then complained of the publick Grievances then complained of as Star-chamber High-Commission Ship-money Tonnage and poundage Fines for Knighthood Bishops votes in Parliament with their Courts and Jurisdictions and the like redressed by acts soon after passed and a firm peace between both Nations concluded before the Wars began and this preamble's pretentions for this act fully satisfied divers years before the King's beheading it must of necessity be granted that this Statute never intended to continue this Parliament on foot after the Kings decease especially after the ends for which it was made were accomplished And so it must necessarily be dissolved by his Death Fourthly This is most clear by the body of the act it self And be it declared and enacted By THE KING OUR SOVERAIGN LORD with the assent of the LORDS Commons in this PRESENT PARLIAMENT ASSEMBLED by the authority of the same That THIS PRESENT PARLIAMENT Now ASSEMBLED shall not be DISSOLVED unlesse it be by ACT OF PARLIAMENT TO BE PASSED FOR THAT PURPOSE nor shall any time or times DURING THE CONTINUANCE THERE OF BE PROROGUED OR ADJOURNED unlesse it be By ACT OF PARLIAMENT to be likewise PASSED FOR THAT PURPOSE And that THE HOUSE of PEERS shall not at any time or times DURING THIS PRESENT PARLIAMENT BE ADJOURNED unlesse it be By THEMSELVES or BY THEIR OWN ORDER And in like manner that THE HOUSE OF COMMONS shall not at any time or times DURING THIS PRESENT PARLIAMENT be adjourned unless it be BY THEMSELVES or BY THEIR OWN ORDER Whence it is undeniable 1. that this act was only for the prevention of the untimely dissolving Proroguing and adjourning of that present Parliame nt then assembled and no other 2. That the King himself was the Principal Member of his Parliament yea our Soveraign Lord and the sole declarer and enacter of this Law by the Lords and Commons assent 3. That neither this Act for continuing nor any other for dissolving adjourning or proroguing this Parliament could be made without but only by and with the Kings Royal assent thereto which the Lords and Commons assembled in Parliament in their * Remonstrance of the 26. of May 1642 oft in terminâ—… acknowledge together with his Negative voice to bils 4. That it was neither the Kings intention in passing this act to shut himself out of Parliament or create Members of a Parliament without a King as he professed in his {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} c. 5. p. 27. Nor the Lords nor Commons intendment to dismember him from his Parliament or make themselves a Parliament without him as their foresaid Remonstrance testifies and the words of the act import Neither was it the