A DECLARATION AND PROTESTATION AGAINST The Illegal Detestable Oft-condemned New Tax and Extortion of EXCISE In General AND For HOPS a Native incertain commodity In Particular By William Prynne of Swainswick Esq Ezek. 22. 12 13 27 29 30. Thou hast greedily gained of thy Neighbour by Extortion and hast forgotten me saith the Lord God Behold therefore I have smitten my hand at thy dishonest gain and at thy Bloud which hath been shed in the midst of thee Her Princes in the midst of thee are like Wolves ravening the Prey to shed bloud and to destroy Souls to get DISHONEST GAIN The people of the Land have used OPPRESSION EXERCISED ROBBERY and have VEXED THE POOR NEEDY yea they have OPPRESSED THE STRANGER WRONGFULLY And I sought for A MAN among them that should make up the Hedg and stand in the gap before me for the Land that I should not destroy it but I found none Therefore have I poured out my indignation upon them I have consumed them with the Fire of my Wrath their own way have I recompenced on their heads saith the Lord God Psal. 12. 5. For the Oppression of the Poor for the sighing of the Needy I will arise saith the Lord I will set him in safety from him that would ensnare him 1 Cor. 6. 8 9. Nay you do wrong and defraud and that your Brethren Know you not that the unrighteous shall not inherit the Kingdome of God LONDON Printed for the Author and aâ—â— to be sold by Edward Thomas in Green-Arbor 1654. A Declaration and Protestation against the Illegal Detestable oft-condemned New Tax and Extortion of EXCISE in general and for hopes in particular WE read in the 2 Sam. 23. 1 3. That these were the last words of David the man WHO WAS RAISED UP ON HIGH THE ANOYNTED OF THE GOD OF JACOB and the sweet Psalmist of Israel The God of Israel said the Rock of Israel spake to me HE THAT RULETH OVER MEN MUST BE JUST RULING IN THE FEAR OF GOD What it is for a Ruler over men to be just and to rule in the fear of God we may infallibly conclude and learn from three Scripture-Presidents and three sacred Texts which may serve as a Commentary on it The first President is that of Samuel 1 Sam. 12. 1. to 6. And Samuel said unto all Israel Behold I have hearkened unto your voice in all that ye said unto me and have made a King over you And now behold I am old and gray-headed and have walked before and a judged you from my Childhood to this day Behold here I am witness against me before the Lord and before his Anoynted Whose Oxe have I taken Or whose Ass have I taken or whom have I defrauded whom have I oppressed or of whose hand have I received any ransome to blinde mine eyes therewith and I will restore it to you And they said THOU HAST NOT DEFRAUDED US NOR OPPRESSED US NEITHER HAST THOU TAKEN OUGHT OF ANY MANS HAND And he said The Lord is my witness against you and his Anoynted is witness this day that you have not found ought in my hand And they answered He is witness That Governour or Ruler over men who can make such a challenge and protestation as this before God and all the people and receive such a testimony from both of his integrity as Samuel here did after he had judged Israel above threescore years is certainly a just man truly fearing God And what Governour this day ruling though but for a few months or years can make such a challenge or receive such a witness as he did from all the people The second President is that of King David a man after Gods own heart who as he would by no means lay violent hands on King Saul his Soveraign who hunted him like a Partridg and sought his life though God gave him twice into his hands and was perswaded by his Souldiers and Military Officers to kill him nor yet usurp the Royal Throne or Government of Gods people though specially anointed by God long before thereto without a General Call and Election thereto by all the Tribes and Elders of the people 1 Sam. 24. 26. 2 Sam. 5. 1. to 6. So it is recorded of him 2 Sam. 8. 15. and 1 Kings 15. 5. And David raigned over all Israel and David executed Judgment and Justice unto all his people and David did that which was right in the eyes of the Lord and turned not aside from any thing that he commanded him all the daies of his life save only in the matter of Uriah the Hittire for which he penned and left a a Penitential Psalm on Record to Posterity to testifie his unfeigned repentance for that bloody crime And where can we finde such a David now The third is Nehemiah cap. 5. throughout who when the people cried and complained to him of their Debts Engages Bondage and Oppressions by their Brethren and that others had their Lands Vineyards yea their Sons and Daughters for servants for moneys borrowed of them FOR THE KINGS TRIBUTE He grew very angry and rebuked the Nobles and Rulers for it and set a great Assembly against them and said unto them We after our ability have redeemed the Jews our brethren which were sold unto the Heathen and will you ever sell your Brethren or shall they be sold unto us I likewise and my Brethren and my servants might exact of them money and corn I pray let us leave off this Usury restore I pray unto them even this day their Lands their Vineyards and their houses also the hundredth part of the money and of the corn the wine and the oyl that ye exact of them Then said they We will restore them and will require nothing of them so will we do as thou hast said Then Nehemiah called the Priests and took an oath of them that they should do according to this promise Also he shook his lap and said So God shake out every man from his house and from his labour that performeth not this promise even thus be he shaken out and emptied and all the Congregation said Amen and praised the Lord and the people did according to this promise After which he subjoyns this memorable testimony of himself Moreover from the time that I was appointed to be their Governour in the Land of Judah from the 20. even to the 32. year of Artaxerxes the King I and my Brethren have not eaten the bread of the Governour But the former Governours that had been before me WERE CHARGEABLE UNTO THE PEOPLE AND HAD TAKEN OF THEM BREAD AND WINE BESIDES FORTY SHEKELS OF SILVER what is this to our Contributions EXCISES Freequarter Sequestrations Imposts c. Yea even their servants bear rule over the people BUT SO DID NOT I BECAUSE OF THE FEAR OF GOD Yet also I continued in the work of the Wall NEITHER BOUGHT WE ANY LAND and all my servants were gathered thither unto the work
RIGHT though only sealed and never put in execution and then desiring a Conference about it with the Lords in the painted hamber whereat I my self was present Sir Edâ—â—rk Cook by the Commons appointment after the Commission read by Mr. Glanval manifesting the illegality strangeness and dangerous consequences of it to the whole Kingdom in an elegant Speecâ— and Argument amongst other express 〈…〉 MONSTRVM HORRENDVM INFOâ—ME Nâ—â—NS descanting upon every one of the words ye blessed be God CVILUMEN ADEMPTUM whose eyes were pulled out by the Commons in Parliament which they hoped their Lordships would second before ever it saw the Sun or was fully brought forth into the world to consume and devour the Nation The Lords hereupon fully and unanimously concurred with the Commons ADJUDGING IT TO BE AGAINST LAW and THE PETITION OF RIGHT and FIT TO BE ETERNALLY DAMNED and upon the Lords request to the King this Commission was cancelled in his Majesties presence by his command and brought cancelled to the Lords House by the then Lord Keeper and by them sent cancelled to the Commons House for their satisfaction who returned it back to the Lords with their thanks for their care and concurrence with them herein Therefore being thus solemnly damned and crushed in the shel by the judgement and unanimous Votes of the Commons Lords and King Charls himself in that Parliament as against the Law of the Land and contrary to the Petition of Right then newly passed in that Parliament it seemed very strange and monstrous to me that any Pretenders to publik Liberty Law Right or any new Governours and Councel-table at White-Hall should presume to revive and actually impose any such illegal damned Impositions and monstrous execrable Excises on the exhausted people now upon the self-same pretexts of publique safety and inevitable necessity The rather because I informed him Secondly That the last Parliament of King Charles about 13 yeares after this first Judgement had in four severall Printed Declarations Remonstrances Votes to which most now in power were Parties and Consenters revived approved ratified and insisted on this primitive sentence of condemnation against Excise as most illegall and detestable 1. In and by the Speech and Declaration of Mr. Oliver St. John his Majesties Solicitor General delivered at a conference of both Houses of Parliament concerning Ship-mony 14 January 1640 published by the Commons Order page 13 15 16 19. I am commanded by the House of Commons saith he to present to your Lordships considerations those things which SATISFIED THE COMMONS First The Commissions for the Peace with the instructions Secondly A COMMISSION CALLED THE COMMISSION OF EXCISE c. This was dated ultimo Febr. 3. Caroli It was dated after the Summons to that Parliament This Commission issued to 33 Lords and others of his Majesties privy Counsell The Commissioners are thereby commanded to raise monies by impositions and otherwise as in their judgements they shall find to be most convenient The causes wherefore these monies are to be raised are exprest to be these The defence and safety of the King and people which without extremest hazard of the King Kingdome and people and of the Kings freinds and Allies beyond Seas can admit no longer delay INEVITABLE NECESSITY wherein forme and circumstance must rather be dispenced withall then the substance lost The Commissioners must be diligent in the service and not faile therein as they tender His Majesties Honour and the safety of the Kingdome and people Here salus Regni periclibatur the whole Kingdome declared to be in danger in greater and nearer then in the opinions the Ship-writs or Judgements in the Chequer In the Parliament of 3. Caroli this Commission was adjudged by the Commons TO BE AGAINST THE LAWS OF THE REALM AND CONTRARY TO THE JVDGEMENT GIVEN IN THE PETION OF RIGHT and after a conference with your Lordships your Lordships desired His Majestie that it might be CANCELLED the then Lord keeper brought it shortly after Cancelled to your Lordships in the House and there said that it was Cancelled in his Majesties presence You sent it Cancelled to the Commons to be reviewed Who afterwards sent it back to your Lordships My Lords wee have not cited these Presidents of that Parliament out of diffidence that your Lordships have forgot them but because other have or that wee distrust your Lordships Justice if you had forgot them for before these were your Lordships concurred in opinion with your worthy Ancestors that first gave them their Noble blood runs in your veines It is now TO CONFIRM YOVR OWN IVDGEMENT AS WELL AS THEIRS in your Lordships brest There ARE NOW THE SAME MAGAZINES AND FOVNTAINES OF HONOVR AND IVSTICE AS WAS THEN THESE IVDGEMENTS AND PROCEEDINGS WERE THE ACTIONS OF BOTH HOVSES the DANGER by the violation IS EQVALL So hee and the Commons then resolved with what face or color of Law and Justice then can any persons revive impose exact or justify this illegall Tax and Excise now especially by a meer extrajudiciall White-hall edict more illegall then that Commission under the great Seal by the Kings and the whole Counsells Order who thus publikely censured the bare designe of imposing it by the King and his Councell-table then by Commission under the great Seal of England which their paper Edict wants 2 In a Remonstrance of the State of the Kingdom 15 December 1641. which I then read to the Excise-man made Printed and published by the whole Commons House of Parliament and some of our present Grandees then Members of it Exact collection page 3. 4. 6. Wherein relating the pressing miseries and calamities the various distempers and disorders which had not only assaulted but even overwhelmed and extinguisht the LIBERTY peace and prosperity of this Kingdom c. The root of all this mischief wee find say they TO BE A MALIGNANT and PERNICIOVS DESIGNE OF SVBVERTING THE FVNDAMENTALL LAWS and PRINCIPLES OF GOVERNMENT upon which the Religion and IVSTICE of this Kingdome are formerly established The Actors and promoters hereof have been 1 THE JESVITED PAPISTS WHO HATE THE LAWS as the obstacle of THAT CHANGE and subversion of Religion which they so much long for c. As in all compounded bodies the operations are qualified according to the predominant Elements so in this mixt party let our late and new puny Statesmen observe it THE JESVITED COVNSELS BEING MOST ACTIVE and PREVAILING may easily bee discovered to HAVE HAD THE GREATEST SWAY in all their determinations and IF THEY BE NOT PREVENTED are likely to DEVOUR THE REST and to turn them INTO THEIR OWN NATURE c. The first effect and evidence of their recovery and STRENGTH was the dissolution of the Parliament at Oxford c. The precipitate Breach with France by taking their ships c. The Peace with Spain c. The charging of the Kingdom with billeted Souldiers in all parts of it and the concomitant design of * German Horse that the Land might either SUBMIT
to the excellent Law of the Petition of Right as the premises resolve which EXCISE he never exacted or put in execution after the damning of the foresaid Commission And let all the world of indifferent men judge whether the Parliament and people of England have not as just as sufficient cause to bring them to Justice for it as ever they had or pretended to have to bring the King to Justice for the same if Rom. 2 1 2 3. be either good Law or Gospel the rather because they resolve in that Declaration an unaccomptable Officer as the King pretended himself to be a STRANGE MONSTER IN NATNRE and no wayes to be suffered in any State or Government 5 Whereas the Excise man pretended Excise for Hops to be a duty by vertue of a White Hall late Ordinance as he termed it I therupon read unto him the 36 articles of the Government of the Common-wealth of England c. viz That the Laws shall not be altered â—uspended abregated or repealed nor ANY NEW LAW MADE NOR ANY TAX CHARGE OR IMPOSITION LAID UPON THE PEOPLE BUT BY COMMON CONSENT IN PARLIAMENT Save onely as is expressed in the thirtieth Article viz. That the raising of money for defraying the charge of present extraodinary Forces both by Land and Sea in respect of the present Warres SHALL BE BY CONSENT IN PARLIAMENT and NOT OTHERWISE Save onely that the Lord Protector with the consent of the Major part of his Councell for preventing the disorders and dangers which may otherwise fall out both by Sea and Land shall have power UNTILL THE MEETING OF THE NEXT PARLIAMENT to raise Money for the purposes aforesaid as also to MAKE LAWES and ORDINANCES for the peace and welfare of these Nations where it shall be necessary which SHALL BE BINDING IN FORCE untill order shall be taken in Parliament concerning the same And this clause in the oath p. 46. I do swear and promise in the presence of God that I wil not violate or infringe the matters things contained therin but to my power observe the same and cause them to be observed And shal in all other things to the best of my understanding GOVERN THESE NATIONS ACCORDING TO THE LAWS STATUTES and CUSTOMES Now admit this Instrument Saving to be valid and legal yet it limiting the Whitehall power of raising monies and that onely for the Forces by Land and sea in respect of the Warres which are ended till the meeting of their first Parliament and no longer which was past in their accompt 23 dayes before this demand of Excise for Hops as a duty those very articles of the Government discharged me and all others from it by vertue of any Whitehall Power or Ordinance But this saving being contrary to the body of the Articles to all the forementioned Statutes Great Charter Petition of Right Judgements and resolutions of Parliament and destructive to the Priviledges and Rights of Parliaments themselves in whom the Legislative and Tax imposing authority wholly solely and incommunicably resides as all our Parliaments Statutes Law-books Records Histories in all ages have resolved and the body of these two Articles confesse it must needs be void and nugatory to all intents and purposes in all Lawyers and judicious mens Judgements and can give them no legall or reall authority to make binding lawes Ordinances or impose any Taxes imposts or Excises by colour thereof If the Parliament it self by speciall Act of Parliament should give any speciall Committee of Lords and Commons Authority or Power to make binding Statutes Acts Ordinances or to impose Taxes on the people or repeal or alter any former Lawes and Statutes with the Kings Royall assent as the Parliament of 21 R. 2. c. 16 17 18 19 20. did yet all such Acts Ordinances Laws Taxes alterations repeals of Lawes would be null and void though ratified by the Kings consent and ought wholly to be revoked reversed voided and undone repealed and adnulled for ever as being IN DEROGATION OF THE STATE OF THE PARLIAMENT TO THE GREAT INCOMODITY OF THE WHOLE REALM and OF PERNICIOUS EXAMPLE and NEVER TO BE DRAWN INTO EXAMPLE IN ANY FUTURE TIME as is declared resolved in the Printed Statute of 1. H. 4 c. 3. and more fully in the Parliament Rolls of 1. H. 4. num 26. 48. 66. 70. worthy perusall Much more then must the powers granted to any Person or Persons by this Instrument made out of Parliament by persons yet unknown for the most part to impose any Taxes or make binding Laws and Ordinance be null and void to all intents to oblige our whole three Kingdomes or any one English Fâ—een an or alter repeal any former Lawes or Statutes of the Realm by which the people are onely to be governed at all times The Statutes of 31 H. 8. c. 8. and 34 H 8 c. 23 authorised the King for the time being with the advice of his Councell or the major part of them to set forth Proclamations in some cases onely under such pains and penalties as to him and them should seem necessary which shall be observed AS THOVGH THEY WERE MADE BY ACT OF PARLIAMENT Provided alwayes that this should not be prejudiciall to any Persons Inheritances OFFICES LIBERTIES GOODS CASTLES OR LIFE In the passing of which Acts many liberall words were spoken against Proclamations and a plain Promise as well as proviso made that by authority of the Act for Proclamations NOTHING SHOULD BE MADE CONTRARY TO ANY ACT OF PARLIAMENT OR THE COMMON LAW as a Stephen Gardiner Bishop of Winchester records and writes in his Letter to THE LORD PROTECTOVR in Edward the sixth his Reign yet this power was held so dangerous that it was repealed by the Statute of 1 E. 6. c. 12. But never did any Parliament grant any King of England and his Councel the least power to make binding Laws and Ordinances or impose Taxes Customes Imposts or Excises in any age nor to act any thing against any statute or the Common-Law much lesse against the Great Charter and Petition of Right And therefore this power granted by this new illegall Instrument to all or any at Whitehall to make binding laws and Ordinances and impose any Taxes Customes Imposts or Excises whatsoever is meerly void null in Law to all intents and all Ordinances Laws Taxes Excises made and imposed by pretext thereof wholly illegall null and ineffectuall to all intents and fit to be so declared by the whole Nation and their Trustees to prevent the dangerous President and consequences of it in future times and the monthly Contributions Excises Imposts Customes imposed by them for sundry Moneths and years yet to come against the very Letter of thirtieth Article as well as of the forecited Acts Declarations and Letter of the Oath therein contained so soon after the taking of it must needs be esteemed and declared void and no wayes to be owned or submitted to as binding valid legall by my self or any others who
Moreover there were at my Table an 150. of the Jews and Rulers besides those that came unto us from among the Heathen that are about us c. YET FOR ALL THIS REQUIRED I NOT THE BREAD OF THE GOVERNOUR that is his Salary and ordinary allowance formerly paid by the people BECAUSE OF THE BONDAGE WAS HEAVY UPON THIS PEOPLE Think upon me my God for good according to all that I have done for this people When our late and present Governours and their under-Officers shall imitate Samuel David but more especially Nehemiah and the Nobles Rulers and Officers under him in making full restitution of all their Christian Brethrens and the publike Lands Vineyards Oliveyards Houses Goods Possessions Offices Moneys Corn Wine and Oyl they have forcibly seized on without any legal Right or Title or gotten by usurious or unrighteous contracts Sequestrations Sales Donations Wiles Disseisins Oppressions Exactions Excises Taxes c. give a true and just accompt to our whole Nation of the many Millions of Treasure in few years extorted from them and shall neither impose nor exact from them any more Moneys Contributions Excises Corn Wine or the bread of the Governour from the people because of the fear of God and because of the Bondage that is heavy upon them we shall then pronounce them to be just ruling in the fear of God But till then neither God nor men will or can pronounce them such And upon consideration of these three sacred Texts to omit others The first is Ezek. 18. 5. to 14. But if a man be JUST DO THAT WHICH IS LAWFUL RIGHT HATH NOT OPPRESSED ANY but hath restored to the Debtor his pledg HATH SPOILED NONE BY VIOLENCE hath given his bread to the hungry and hath covered the naked with a garment hath not given forth upon usury neither hath taken any encrease hath withdrawn his hand from iniquity hath executed true judgment between man and man hath walked in my Statutes and hath kept my Judgments TO DEAL TRULY HE IS JUST He shall surely live saith the Lord If he beget a Son that is A ROBBER A SHEDDER OF BLOOD and that doth the like to any of these things to his brother and that doth not any of those duties but hath eaten upon the Mountains and defiled his Neighbours Wife HATH OPPRESSED THE POOR AND NEEDY HATH SPOILED BY VIOLENCE hath not restored the pledg c. hath committed abomination hath given forth upon usury and taken encrease shall he then live He shall not live he hath done all these abominations he shall surely die his bloud shall be upon him c. Which is again there repeated for the greater certainty If the just men and Rulers of this latter age shall be judged and tried by this Text I fear we may take up the words of the Prophet Micah 7. 2. and c. 3. 1 2 3 4. The good man is perished out of the earth and THERE IS NONE UPRIGHT AMONG MEN They all lye in wait for bloud they hunt every man his Brother with a Net that they may do evil with both hands earnestly the Prince asketh and the Judg asketh for a reward and the great man he uttereth the mischief of his soul by coveting Fields and Houses and taking them away by violence because it is in the power of his hand ch. 2. 1 2. the best of them is as a Bryar the most upright is sharper then a thorn-hedg they pluck off the flesh of my people from their bones they eat their flesh and flay their skin from off them and they break their bones and chop them in pieces as for the pot and as flesh within the Caldron The second is Ezek. 45. 7. to 10. and ch. 46. 18. A portion shall be for the Prince c. and my Princes shall no more oppress my people and the rest of the Land shall they give to the house of Israel according to their Tribes Thus saith the Lord God Let it suffice you O Princes of Israel REMOVE VIOLENCE SPOIL and execute Judgment and Justice TAKE AWAY YOUR EXACTIONS or expulsions of others from their rights from my people saith the Lord God Moreover the Prince SHALL NOT TAKE OF THE PEOPLES INHERITANCE BY OPPRESSION TO THRUST THEM OUT OF THEIR POSSESSION How conscientiously this precept and Gods own Tenth Commandment of the Decalogue Exod. 20. 17. Thou shalt not covet thy Neighbours HOUSE thou shalt not covet thy Neighbours WIFE nor his Man-servant nor his Maid-servant nor his OXE nor his ASSE NOR ANY THING THAT IS THY NEIGHBOURS hath been observed by such who have made and stiled themselves not only Princes Rulers Governours Officers but proclaimed themselves the holiest justest Saints and Pillars of Justice and Righteousness of late years and all sorts of Swordmen let the world and their own consciences judg I doubt Ovids old Poetical description of the Iron Age a VIVITUR EX RAPTO c. will suit better with our times and Saints of this Age then these sacred Precepts become like old Almanacks quite out of date and practise at least if not quite out of mind Terras Astraea reliquit The third is Isai. 58. 3. to 13. Behold in the day of your Fast you finde pleasure and exact all your griefs Behold ye fast for strife and debate and TO SMITE WITH THE FIST OF WICKEDNESS Ye shall not Fast as ye do this day c. Is not this the Fast that I have chosen TO LOOSE THE BONDS OF WICKEDNESS TO UNDO THE HEAVY BURTHENS of illegal oppressions long-continued Taxes Excises c. to let the OPPRESSED GO FREE and that ye break EVERY YOKE Is it not to deal thy bread to the hungry and that thou bring the poor that are cast out of their houses possessions offices estates by violence and rapine to thy house when thou seest the naked that thou cover him and that thou hide not thy self from thine own flesh Then shall thy light break forth as the morning and thine health shall spring forth speedily and THY RIGHTEOUSNESS shall go before thee and the glory of the Lord shall be thy rereward c. And they that be of thee shall build the old waste places raising up the Foundations of many Generations and thou shalt be called The repairer of the breach the restorer of paths to dwell in We have had many publique Fasts and Mock-fasts of late years such as God in this Text professedly reprehends and rejects but never yet such a true and real Fast as he here calls for and that is one main reason we are still pulling down and rooting up the Foundations of our Church Kingdoms Parliaments Liberties Properties Lawes and changing from one mishapen form of Government to another instead of building the old waste places raising up the Foundations of many Generations repairing the breaches and restoring paths to dwell in O that we might never henceforth mock God or men any more with such hypocritical Fasts as formerly but that