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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
power_n	king_n	law_n	legislative_a	6,899	5	12.8932	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91168	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;	Prynne, William, 1600-1669.	1654 (1654)	Wing P3936; Thomason E813_16; ESTC R203225	23,096	31

and scandals raised by ill-affected persons 3 That these false reports and rumors tended much to the disservice of the Parliament 4 That the Authors of them should be searched inquired after apprehended and brought to the House as Delinquents there to receive condigne punishment What punishment then do the imposers exactors and levyers of it deserve with what face Justice Honesty conscience then can any who were parties to this Declaration after this publick disclaimer lay Excise both upon Pewter and most other commodities and justify the levying of it by force and violence as some of them soon after did and others have since presumed and continued to do verily as I at first and ever since this strange imposition much grieved at and protested to sundry of them against it in private from time to time with all earnestness and some years since penned a publick Protestation against it with an intent to print it had it not miscarried so I observed that the laying on of this strange Imposition on the people against this Declaration and the other premises was that which first and most of all alienated the peoples hearts and affections from the Parliament gave greatest scandal to their real Friends and most advantage to their Enemies and some principal promoters of it were soon after blasted in their reputations and taken out of the World by death and what sad and forcible Dissolutions and unparalleld Ruptures the real and other fictitious Parliaments since have come to on a suddain by those they most relied on for protection which first imposed and afterwards continued this and other illegal Taxes on the oppressed people against their own Delcarations Judgements and all former Laws and what confusions they have brought on our three Nations instead of Peace Ease Settlement Liberty Safety Tranquillity we have all of late years beheld with admiration and astonishment and let others now beware by their examples how they still continue them on the exhausted generally discontented Nation Laesa patientia fit furor Men will not be always mocked oppressed in this kinde but will cry out VIOLENCE and SPOYL Jer. 20. 8 9. And the burning fire shut up in their bones against it will breakforth into a fury at last it will not be stayed or quenched * but with the ruine of the Tax-masters 1 King 12. 15. to 20. This imposing of Excize and other Taxes against Law and the fore-cited Judgements drew this just Censure from the late King and the Lords and Members of the Commons House at Oxford against the first Imposers and Exactors of them in their * Letter to the Earl of Essex the General of the Army Janu. 27. 1643. to which they subscribed all their names That it were well as they still presse upon THE KINGS MAINTENANCE OF THE LAVVS they would also know that their obligation to observe the same is reciprocal and whiles they here resolve to defend the full power of this Parliament which in their sense can be no other than the power they have exercised this Parliament they would take notice that they are therein so farre from the observation OF THE LAVVS that THEY DESPERATELY RESOLVE AN UTTER SUBVERSION OF THEM for what can tend more to the destruction of the Laws than to usurp a power to themselves without the King and against his will to attribute to their Orders or pretended Ordinances THE POWER OF LAVVS and STATVTES TO ENFORCE CONTRIBUTIONS LOANS and TAXES OF ALL SORTS FROM THE SUBIECT to imprison without cause shewed and then prohibit Writs of Habeas Corpus for their enlargement TO LAY EXCIZES VPON ALL COMMODITIES to command and dispose of THE LIVES and ESTATES of the Free-born Subjects of this Kingdom at their pleasure TO IMPOSE TUNNAGE and POUNDAGE CONTRARY TO THE LAW DECLARED IN THE LATE ACT FOR TUNNAGE AND POUNDAGE and all this done and justified by a LEGISLATIVE POWER founded and inherent in them All which ARE MANIFEST BREACHES OF THE PETITION OF RIGHT and MAGNA CHARTA THE GREAT EVIDENCES OF THE LIBERTIES OF ENGLAND which Charter bounds them by expresse words as us THOUGH ASSEMBLED IN PARLIAMENT as well as the King and though it be not now as heretofore it hath been taken by solemn Oath on the Peoples part as well as on the Kings nor a Curse as heretofore pronounced on the Violators yet they HAVING TAKEN A PROTESTATION TO MAINTAIN THE LAWS and LIBERTIES and THE PROPERTIES OF THE SUBJECT and inclusively THAT CHARTER let them take heed whilst they make use of this their PRETENDED POWER TO THE DESTRUCTION OF THE LAW LEST A CURSE FALL UPON THEM and UPON THEIR POSTERITY What a suddain unexpected curse and blow fell upon some of the principall Promoters of these illegal Taxes Excizes and Innovations first and upon both Houses afterwards by the Army raised for their preservation for whose support and pay all these Taxes were first invented and imposed by a new way of Ordinances never * heard of or used in Parliaments in any former age we all know by sad experience and let our present White-hall and other Grandees who late did and still continued them in an higher degree with farre less colour of Parliamental authority consider the Premises and their downfall lest they incur the same or a worse Curse and Judgement for imposing and continuing still upon the exhausted people these illegal unusual oppressions by as new illegal Self-created powers and pretended necessities of their own making and lengthening And if they allege It is just so to continue EXCIZES on the people till all the Debts secured by them be fully satisfied to such particular persons who took this new Revenue for their Security I Answer First it is the Highest injustice to continue an illegall damned detestable publike Tax and oppression on the whole English Nation specially by as illegall wayes and powers to satisfy private mens interests Debts or pretended arreares Secondly That those who advanced any monies upon such an illegall oft-condemned security deserve justly to be punished with the losse of their Debts because the cheif instruments of continuing and supporting this heavy greivance to the whole Kingdomes injurious oppression Thirdly That those pretended Debts being advanced only for the support and maintenance of those illegall arbitrary powers which impose and dispose of these Taxes at their pleasure not for the publike weal ease and benefit of the Nation it is just they only should defray them out of their owne private estates who first made and thus secured these Debts for their owne advantage rather than the peoples it being a rule in Law and common equity Qui sentit commodum sentire debet et onus Fourthly The Lawes of England will rather suffer a private mischief than a generall inconvenience therefore better these pretended Debtors should suffer to teach them more wisdome and love to their owne liberties Lawes Country and Country men hereafter than that the whole Nation should be still oppressed and robbed by

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 ●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 F●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-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

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 Ed●●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 Speec● and Argument amongst other express 〈…〉 MONSTRVM HORRENDVM INFO●ME N●●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