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A91251 A publike declaration and solemne protestation of the free-men of England and Wales, against the illegall, intollerable, undoing grievance of free-quarter. Prynne, William, 1600-1669. 1648 (1648) Wing P4044; Thomason E426_3; ESTC R203278 6,769 12

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the Danes held their wives in the meane time at pleasure with daughter and servant And when the Husband-man came home he should scarsly have of his owne as his servants had so as the Dane had all at his commandement and did eat and drinke his fill of the best when the owner had scant his fill of the worst And besides this the common people were so of them oppressed that for feare and dread they called them in every such house as they had will of and quartered in LORD DANE which so vexed and discontented the people that by secret Commission from the King directed to all the good Towns Burroughs and Cities of the Land they were on St. Brice day at a certaine houre assigned all suddenly assaulted and slaine by the people every mothers sonne of them throughout all England this slaughter of theirs beginning in Hertfordshire at a little towne called Welden for the which deed it took the first name because the Weale of that County as it was then thought was there first won And the Sicilians did the like to the Dominiering French forces who oppressed them with their insolencies and free-quarter cutting all their throats in one evening and so freeing their Countrey from captivitie Truly our condition now under the Lording Army and Souldiery hath been and yet is altogether as bad if not worse in many places then our Predecessors was under their free-quartering Lord Danes or the Sicilians under the French forces and we heartily wish it may not now produce the like Tragicall and bloudy effects which pure necessity will enforce the Malignant and poorer sort now ready to starve and the very best friends to the Parliament unto for their own selfe preservation and defence as we may justly feare if not timely prevented by the Houses and Generalls strict care and discipline in making good their Engagements to us wherein they have hitherto failed and speedily reduce the Army to such a small proportion of five or six thousand only as they may well pay and master and quarter in Innes and Alehouses without any pressure to us Being peremptorily resolved in their defaults by Gods assisting power to right and ease our selves of them and all other oppressing Grievances by the best and most expeditions meanes wee may to preserve our selves our Posterities Kingdome and neglected Ireland whose supplies are wholly frustrated and engrossed by our idle super-numerary and super-necessary Army and Souldiers from utter vassalage and ruine And therefore we doe hereby earnestly desire and admonish all Officers and Souldiers at their utmost perill from henceforth after this our publike Remonstrance to take no more free-quarter nor force any more moneys from us against our wills but carefully to follow Iohn Baptist's Lesson to them a burning and shining Light Luk. 2. 14. And the SOVLDIERS likewise came to John saying And what shall we doe And he said unto them Doe violence to no man neither accuse any man falsely and be content with your wages Lest they so farre discontent and enrage us so farre as to fall a quartering of them in good earnest which we heartily desire if possible to prevent by this timely admonition and notice of our unalterable just and necessary resolutions from which neither feare nor flattery nor intreaties shall remove us And shall likewise humbly importune the Honourable Houses of Parliament to order and declare according to the Tenor of the Petition of Right that all Officers and Souldiers whatsoever shall be liable to the Jurisdiction Arrests Warrants and power of High Sheriffs Justices of Peace Mayors Bayliffs Constables Tything-men and other publike Officers of Justice for Felonies Breaches of Peace and other misdemeanours punishable by the Lawes and Statutes of the Realme as farre-forth as any other Subjects are and bee and that all those may be particularly enjoyned to discharge their duties herein and all Officers of the Army ordered to be ayding and assisting to them therein under paine of Fellonie and being casheered without which wee shall enjoy neither security nor peace in Country or City no nor in our owne beds and Houses FINIS a Rastall Tit. Purveyours and Warre b Grastons Chron. p. 390. c An exact Collection d Mr. St. Iohns his Majesties Sollicitor Generalls argument at a Committee of both Houses concerning the Earles Attainder by Hill p. 35. 36 c. e 24. H. 8. c. 5. 21. Ed. 1. de Malefactoribus in Parcis Fitz. Coron. 192. 194. 246. 258. 261. 330. 22. Asse 46. Stamford Pleas l. 1. c. 5. 6. 7. 11. H. 6. a 16. 14. H. 6. 24. b. 35. H. 6. 51. a. 9. E. 4. 48. b. 11. E. 4. 6. a. 27. H. 7. 36. 12. H. 8. 2. b. Brooke Corone 63. Trespas 207. Cooke 5. Report 91. Ashes Tables Coron 6. 7. f This is evident by this clause of the Writ for their Election Ita quòd iidem Milites Cives Burgenses sufficientem potestatem pro se COMMVNITATE Comitatus Civium Burgensium praedictum ad faciendū faciendū his c. Ita quod pr● defectu ejuusmodi potestatis dicta negotia infecta non remaneant quovis modo (g) Grastons Chronicle p. 162. 163. Cambdens Brittania p. 143.
A PVBLIKE DECLARATION AND SOLEMNE Protestation OF The Free-men of England and Wales against the illegall Intollerable undoing Grievance of Free-quarter Printed in the yeare 1648. A Publike Declaration and Solemne Protestation of the Freemen of England and Wales against the illegall intollerable undoing Grievance of Free-quarter WE the Knights Esquires Gentlemen Freeholders Citizens Burgesses and Freemen of the Realme of England and Domion of Wales do hereby publikely declare remonstrate and protest to the Honourable Houses of Parliament the Army and Souldiery and all the world that the keeping up of an overnumerous burthensome Army since the Warres determined and their forcible entring into our Houses taking and eating up our provisions for horse and men and free-quartering upon us against our wills to our ineffable vexation oppression and undoing especially in these times of extraordinary dearth samine and decay of trade is an expresse high violation of our fundamentall Lawes Rights Properties and Liberties in the late just defence whereof against the King and his Malignant party we have spent our estates blood and hazarded our dearest lives in the field a direct breach of Magna Charta c. 22. and 29. purchased with so much Noble blood of our Ancestors prohibited by the a Satutes of 3. E. 1. c. 7. 28. E. 1. c. 2. 1. E. 3. c. 7. 4. E. 3. c. 3. 5. E. 3. c. 1. 14. E. 3. c. 19. 25. E. 3. c. 1. 36. E. 3. c. 2. 6. 9. 7. R. 2. c. 8. 2. H. 4. c. 14. 20. H. 6. c. 8. 21. H. 6. c. 2. 14. 28. H. 6. c. 2. which declare and enact the taking away of our provisions and goods of any sorts without our consents agreeing with and paying us for them even by Purveyours authorized by Law and Commission to be no lesse then felony much more then when taken by Officers and Souldiers authorized by no Law nor Commission under the great Seale to doe it and contrary to the very Letter of the Petition of right 3. Carols which declares the quartering of Souldiers and Mariners upon the Kings people against their wills in their Houses to be AGAINST THE LAWES and CUSTOMES OF THE REALME and A GREAT GREIVANCE and VEXATION TO THE PEOPLE and enacts That they shall not be burthened therewith in time to come We likewise further remonstrate that King Richard the second in the Parliament held at Westminster Anno 1. H. 4 number 22 was among other things impeached and deprived of his Crowne for raysing a guard of Cheshire Souldiers and quartering them as his Court to over-awe the Lords and Commons assembled in Parliament at Westminster in the 21. yeare of his reigne to vote what he prescribed them and to put the power of the whole Parliament into the hands of a few Lords and Commons of his party which b Souldiers did assault and beat the Kings good Subjects and take from them their victualls against their wills and payd therefore little or nothing at their pleasure and not redressing the same upon complaint to their great oppression and discontent That the whole House of Commons this present Parliament in their c Remonstrance of the State of the Kingdome December 15. 1641. published by their speciall Order declared That the charging of the Kingdome with billited Souldiers heretofore complained of in the Petition of Right and the concomitant designe of GERMAN HORSE that the Land might either submit with feare or be enforced with rigour TO SUCH ARBITRARY CONTRIBUTIONS as should be required of them was a product of the Jesuites Councells OF JESUITES Papists corrupt Prelates Courtiers and Counsellors to enslave the Subjects and deprive them of their just Liberties And that both Houses of Parliament and the King himselfe upon the House of Commons impeachment d attainted condemned and executed Thomas late Earle of Strafford Lord Duputy of Ireland for high Treason by a speciall Bill this Parliament for quartering and sessing souldiers upon the Kings Subjects in Ireland and levying forces and moneys on them by Officers and Souldiers of the Army against Law by billeting on them till they were payd declared to be a levying of Warre against the King and his people and so High Treason within the Statute of 25. E 3. for which he lost his head on Tower Hill contrary to the Statute of 18. H. 6 made in Ireland ch. 3. which enacts That no Lord or ANY OTHER of what condition he be shall bring or lead Hoblers Kearnes or horded men nor any other people nor horses to lie on horse back or on foot upon the Kings Subjects without their good wills and consents but upon their owne costs and without hurt doing to the Commons of the Country And if any so doe HE SHALL BE ADJUDGED A TRAYTOR And the Statute of Kilkenny in 3. E. 2. c. 1. 2. which enacts and declares it to be meer felony and open Robery for any Kerne to live idle on the tenants farmers and poore people of the Country or to take any prises lodging or sojourning from them against the consent of the owners or paying and agreeing with them for the same We doe moreover further declare that by the very e Statute and Common Law of the Land every mans house is and ought to be his Castle which he his servants and friends may lawfully defend against all who shall forcibly and illegally attempt to enter it against his will and justify the killing of any who shall violently assault the same or enter it feloniously against the consent which to doe is Burglary and a capitall Offence and that every Subject may by the Common Law defend his goods with force and armes against any who shall illegally offer to take them away against his consent and not paying for them which to take is direct robbery and felony for which the party taking them ought to suffer death and that the owner and his servants may lawfully justify the beating and killing of such theives in defence of their goods and may assemble his Neighbours and friends to defend his house and goods against such violence Which and 〈…〉 Rights and Priviledges of ours both Houses of Parliament in above thirty Remonstrances and by their Solemne League and Covenant have promised and are daily engaged under paine of breach of Faith Honour Trust Oath and the Highest disreputation inviolably to maintaine Yet notwithstanding all the premises the Generall and Officers of the Army have ever since the votes of both Houses for the Armies disbanding in Aprill and May last not only doubly recruited their forces farre above their first establishment when the King had two Armies in the field and many strong Garrisons without the Houses Order or privity but quartered them upon us in our houses against our wills and the Lawes and Statutes aforesaid to the utter undoing of many thousands of us not paying us one farthing for their quarters out of the many months pay they have since received but insteed therof have