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A91207 A legal vindication of the liberties of England, against illegal taxes and pretended Acts of Parliament, lately enforced on the people: or, Reasons assigned by William Prynne of Swainswick in the county of Sommerset, esquire, why he can neither in conscience, law, nor prudence, submit to the new illegal tax or contribution of ninety thousand pounds the month; imposed on the kingdom by a pretended Act of some Commons in (or rather out of) Parliament, April 7 1649. (when this was first penned and printed,) nor to the one hundred thousand pound per mensem, newly laid upon England, Scotland and Ireland, Jan. 26. 1659 by a fragment of the old Commons House, ... Prynne, William, 1600-1669. 1660 (1660) Wing P3998; Thomason E772_4; ESTC R207282 74,956 90

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of mony must of necessity be speedilie advanced and procured for the relief of his Majesties Army and People not his Heirs or Successors in the Northern parts c. And for supplie 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 untill such obstacles be first removed which are occasioned by Fears Iealousies and Apprehensions of divers of his Majesties Royal Subjects that the Parliament may be adjourned prorogued or dissolved not by the Kings sodain or untimelie death of which there was then no fear jealousie or apprehension in any his Majesties loyal Subjects but by his royal Prerogative and advice of ill Counsellors before Justice shall be duly executed upon Delinquents then in being not sprung up since publique Grievances then complained of not others introduced since this Act redressed a firm peace betwixt the two Kingdoms of England and Scotland concluded and before sufficient provisions be made for the repayment of the said Monies not others since borrowed so to be raised All which the Commons in this present Parliament assembled having duly considered do therefore humbly beseech your Majestie that it may be declared and enacted c. All which expressions related TO HIS late Majestie onlie not to his Heirs and Successors and the principal scope of this Act being to gain present credit to raise monies to disband the Scotish and English armies then lying upon the Kingdom manie years since accomplished yea Justice being since executed upon Strafford Canterbury and other Delinquents then impeached the publick Grievances they complained of as the Star-Chamber High-Commission Ship-mony Tonnage and Poundage Fines for Knighthood Bishops Votes in Parliament with their Courts and Jurisdictions and the like redressed by Acts soon after passed a firm peace between both Nations concluded before the Wars began and this preamble's pretensions for this Act all fullie satisfied divers years before the Kings 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 all fully 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 and Commons in this present Parliament assembled and 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 thereof be prorogued or adjourned unless 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 unlesse 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 Parliament 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 terminis acknowledge together with his Negative Voyce to Bills 4ly That it was neither the Kings intention in passing this Act to shut himself out of Parliament or create both or either House 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 Kings Lords or Commons meaning by this Act to set up a Parliament only 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 lesse 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 assent 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 greater and that by their inferiours in all kinds a Fragment of the Commons House who can pretend no colour of Jurisdiction over them before whom they alwaies 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 perpetual Parliament and intail it upon them their heirs or successors for ever by this act which would cross and repeal the Act for triennial Parliaments 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 Preamble were accomplished and setled as the Preamble and these oft repeated words any time or times during the continuance of this present Parliament concludes 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 Majesties present and urgent occasions in the Preamble manifest Therefore this Act can no waies continue it a Parliament after the Kings beheading much lesse after the forcible exclusion both of the King and Lords House and majority of the Commons out of Parliament by those now sitting contrary to the very letter and provision of this act by which device the King alone had he conquered and cut off or secluded by his forces the Lords and Commons Houses from sitting might with much more colour have made himself an absolute Parliament to impose what Taxes and Laws he pleased on the people without Lords or Commons or any 40. of the Commons House or any 7. or 8. Lords concurring with
him secluding all the rest by armed power make themselves an absolute standing Parliament for him his heirs and successors by vertue of this act than those few Commons sitting since his tryal death do or can do 6. The last clause of this act And that all and every ●●ing or things 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 stiled 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 void and of none effect by restoring him to his life again Therefore the dissolution of the Parl. by the Kings death is cleerly out of the words and intentions of this Act especially so many years after its Enacting 7. This present Parl. every Member thereof being specially summoned by the Kings Writ by the particular name of CAROLVS REX not REX in general only to be His Parliament and Council and to confer personally with Him of the great and urgent affairs concerning Him and His Kingdom not his Heirs and Successors and these Writs and the Elections upon them returned unto Him and His Court by Indentures 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 absurdity and absolute impossibility to assert that the King or both Houses intended by this Act to continue this Parliament in being after the Kings beheading or death unlesse they that maintain this paradox be able to inform me and those now sitting how they can confer and advice with a dead beheaded King of things concerning Him and His Kingdom and that even after they have abjured his Heirs and Successors and Royal line and extirpated Monarchy it self and made it Treason to assert or revive it and how they can continue still His Parliament and Council 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 do 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 actual and legal dissolution by it must needs be illegal and meerly void in Law to all intents because not granted nor imposed in but totally 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 than 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 yea the whole 3. Kingdoms of England Scotland and Ireland as they now presume and then levy it by an Army or force of Armes to the peoples infinite endlesse oppression and undoing This is my first and principal exception against the Legality of this Tax and others they shall impose which I desire the Imposers and Levyers of it most seriously to consider and challenge them all to Answer if they can for our 3. Kingdoms present and posterities satisfaction by other Arguments than Imprisonments close Imprisonments Pistols Swords and armed violence and that upon these important considerations from their own late Declarations First themselves in their own Declaration of the 9th of February 1648. have protested to the whole Kingdom That they are fully resolved to maintain and shall and will uphold preserve and keep the fundamental Laws of this Nation for and concerning the preservation of the Lives Properties and Liberties of the people with all things incident thereunto Which how it will stand with the former and this new Tax imposed by them out of Parliament or in a thin House under force or their Act concerning New Treasons I desire they would satisfie the Kingdom before they levy the one or proceed upon the other against any of their fellow-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 1. To procure the well-being of those whom they serve to renounce oppression arbitrary power and all opposition to the Peace and Freedom of the Nation And to prevent to their power the reviving of Tyranny Injustice and all former evils the only end and duty of all their Labours to the satisfaction of all concerned in it 2. They charge the late King for exeeeding all his Predeoeessors in the destruction of those whom he was bound to preserve To manifest which they instance in The Loans unlawfull Imprisonments and othec Oppressions which produced that excellent Law of the Petition of Right which were most of them again acted presently after the Law made against them which was most palpably 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 punishment of many 4 good Patriots for not submitting to whatsoever he pleased to demand though never so much in breach of the known Law The multitude of Projects and Mouopolies established by Him His design and charge to bring in 5 German-Horse to awe us into slavery and his hopes of compleating all by His grand project of 6 Ship-mony to subject every mans Estate to whatsoever Proportion He pleaseth to impose upon them But above all the English Army was laboured by the King to be engaged against the English Parliament A thing 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 own being a Foreiner neither could it have easily purchased belief but by his succeeding visible actions in full pursuance of the same As the Kings coming in person to the 8 House of Commons to seise the five Members whither he was followed 9 with some hundreds of unworthy debauched persons armed with Swords and Pistols and other Arms and they attending at the Door of the House ready to execute whatsoever their Leader should command them The oppressions of the Council-Table Star-Chamber High-Commission Court-Martial Wardships Purveyances Afforestations and many others of like nature equalled if not far exceeded now by sundry arbitrary Committees and Sub-Committee to name no
Gen. Monk by a Vote of their Council of State at Whitehall afterwards ratisied by a Vote at Westminster when executed the 9. of this instant February to march with all his Forces into the City of London to seize and imprison 2. of their Aldermen and sundry of their Common-Council men in the Tower to pull down and destroy the Gates and Portcullesses of the City To discontinue null and void the Common-Council of the City of London for this year by ordering a Bill for the choice of another Common-Council with such Qualifications as the Juncto shall think fit which was accordingly executed and then ratified and approved by their Votes and by commanding him afterwards to demand the City Arms to disarm them by force if they deliver them not upon demands s and all because the Common-Council upon a Petition of the Citizens and Remonstrance of the Gentlemen Ministers and Freeholders of Warwickshire and other Counties Febr. 8. voted and resolved That no Person or Persons whatsoever might impose any Laws or Taxes upon the City and Citizens untill the Authority thereof be derived from their Representatives in a full and free Parliament And all this without and before the least hearing or examination of the City and Common-Council a Tyranny Indignity Dishonour and Ingratitude not to be paralleld and never offered in any age to the City and Citizens before by any of our Kings for the highest Treasons against them at least before hearing and convicti●● much lesse only for demanding and claiming the benefit of those Fundamental Laws and Privileges for whose defence they had so lately expended so many Millions of Treasure and Thousands of their lives to defend them according to these their fresh Declarations and Acts encouraging them thereunto and that after all their former Obligations and Indearments to the City upon all occasions and the beheaded Kings free Confirmation of all their former Charters Liberties Privileges Militia and enlargements of the same at the Treaty in the Isle of Wight notwithstanding their taking up Armes against him in the Parliaments defence may now justly irritate and engage the City of London and all other Cities Boroughs Corporations and Counties of this Realm unanimously to oppose the present and all other Taxes and Excises whatsoever imposed on them by these Oppressors and put their own Act in vigorous execution against them as the worst of Tyrants and Invaders of their Liberties Thirdly Both Houses of Parliament joyntly and the House of Commons severally in the late Parliament with the approbation of all and consent of most now sitting did in sundry ¶ Romonstrances and Declarations published to the Kingdom not only Tax the King and his evil Counsellors for imposing illegal Taxes on the Subjects contrary to the forecited Acts the maintenance whereof against all future violations and invasions of the Peoples Liberties and Properties they made one principal ground of our late bloody expensive war but likewise professed * That they were specially chosen and intrusted by the Kingdom in Parliament and owned it as their duty to hazzard their own lives and estates for preservation of those Laws and Liberties and use their best endeavours that the meanest of the Commonalty MIGHT ENJOY THEM AS THEIR BIRTH-RIGHTS as well as the greatest Subject That every honest man especially those who have taken the late Protestation and Solemn League and Covenant since is bound to defend the Laws and Liberties of the kingdom against Will and Power which imposed what payments they thought fit to drain the Subjects Purses and supply those Necessities which their ill Counsel had brought upon the King and Kingdom And that they would be ready to live and dye with those worthy and true-hearted Patriots of the Gentry of this Nation and others who were ready to lay down their lives and fortunes for the maintenance of their Laws and Liberties with many such like expressions Which must needs engage me a Member of that Parliament and Patriot of my Country with all my strength and power to oppose this injurious Tax imposed out of Parliament though with the hazard of my life and fortunes wherein all those late secluded Lords and Members who have joyned in these Remonstrances are engaged by them to second me under pain of being adjudged unworthy for ever hereafter to sit in any Parliament or to be trusted by their Counties and those for whom they served And so much the rather to vindicate the late Houses honour and reputation from those predictions and printed aspersions of the beheaded King now verified as undeniable experimented truths by the Antiparliamentary sitting Juncto * That the maintenance of the Laws Liberties Properties of the People were but only gilded Dissimulations and specious pretences to get power into their own hands thereby to enable them to destroy and subvert both Laws Liberties and Properties at last and not any thing like them to introduce Anarchy Democracy Parity Tyranny in the Highest degree and new forms of arbitrary Government and leave neither King nor Gentleman all which the people should too late discover to their costs and that they had obtained nothing by adhering to and complyance with them but to enslave and undo themselves and to be at last destroyed Which royal Predictions many complain and all experimentally ●ind too trulie verified by those who now bear rule under the Nam● and visour of the Parliament of England since its dissolution by the Kings decapitation and the Armies imprisoning and seclusion of the Members and Lords who above all others are obliged to disprove them by their Actions as well as Declarations to the people who regard not words but real performances from these new Keepers of their Liberties especially in this FIRST YEAR OF ENGLANDS FREEDOM engraven on all their publick Seals which else will but seal their Selfdamnation and proclaim them the Archest Impostors under Heaven and now again in their 3. Session after their two sodain and forcible Dissolutions Secondly Should I voluntarily submit to pay this Tax and that by vertue of an Act of Parliament made by those now sitting some of whose Elections have been voted void others of them elected by new illegal Writs under a new kind of Seal without the Kings Authority Stile or Seal and that since the Kings beheading as the Earl of Pembroke and Lord Edward Howard uncapable of being Knights or Burgesses by the Common-law or Custom of Parliament being Peers of the Realm if now worthy such a Title as was adjudged long since in the Lord Camoyes case Claus. Dors. 7 R. 2. m. 32. asserted by Mr. Selden in his Titles of Honor part 2. c. 5. p. 737. seconded by Sir Edward Cook in his 4. Institut p. 1 4 5 46 47 49. and I have proved at large in my Plea for the Lords and House of Peers As I should admit these to be lawfull Members and their unlawfull void Writs to be good in Law so should I tacitly admit ex
them and so be a skreen betwixt them and the people with the name of a Parliament and the shadow and imperfect image of Legal and Just Authority to pick their pockets for them by Assesements and Taxations and by their arbitrary and tyrannical Courts and Committees the best of which is now become a perfect Star-chamber High Commission and Councel-board make them their perfect slaves and vessals With much more to this purpose If then their principal admirers who confederated with the Army and those now sitting in all their late proceedings and cryed them up most of any as the Parliament and Supreme Authority of England before at and since the late force upon the House and its violent purgation do thus in print professedly disclaim them for being any real Parliament or House of Commons to make Acts or impose Taxes upon the people or set up High Courts of Justice to try and condemn the King or any Peers or English Preemen the secluded Lord Members Presbyterians Royalists and all others have much more cause and ground to disavow and oppose their usurped Parliamentary authority and illegal Taxes Acts as not made by any true English Parliament but a Mock-Parliament only Fourthly He therein further avets f f Pag. 52. 53. 56. 57. 58. 59. That the death of the King in Law indisputably dissolves this Parliament ipso facto though it had been all the time before never so intire and unquestionable to that very hour That no Necessity can be pretended for the continuance of it the rather because the men that would have it continue so long as they please are those who have created these necessities on purpose that by the colour thereof they may make themselves great and potent That the main end wherfore the Members of the Commons house were chosen and sent thither was To treat and confer with King Charles and the House of Peers about the great Affairs of the Nation c. And therefore are but a third part ot third estate of that Parliament to which they were to come and joyn with and who were legally to make permanent and binding Laws for the people of the Nation And therefore having taken away two of the three Estates that they were chosen on purpose to joyn with to make Laws the end both in reason and law of the peoples trust is ceased for a Minor joyned with a Major for one and the same end cannot play Lord paramount over the Major and then do what it please no more can the Minor of a Major viz. one Estate of three legally or justly destroy two of three without their own assent c. That the House of Commons sitting freely within its limited time in all its splendor of glory without the awe of armed men neither in Law nor in the intention of their Choosers were a Parliament and therefore of themselves alone have no pretence in Law to alter the constitution of Parliaments c. concluding thus For shame let no man be so audaciously or sottishly voyd of Reason as to call Tho. Prides pittiful Juncto A PARLIAMENT especially those that called avowed protested and declared again and again those TO BE NONE that sate at Westminster the 26 27 c. of July 1647. when a few of their Members were scared away to the Army by a few hours tumult of a company of a few disorderly Apprentices And being no representative of the People much less A PARLIAMENT what pretence of Law Reason Justice or Nature can there be for you to alter the constitution of Parliaments and force upon the people the shew of their own Wills lusts and pleasures for laws and Rules of Government made by a PRETENDED EVERLASTING NULLED PARLIAMENT a Councel of State or Star-Chamber and a Councel of War or rather by Fairfax Cromwel and Ireton Now if their own late confederates and creatures argue thus in print against their being and continuing a Parliament their Jurisdiction Proceedings Taxes and arbitrary pleasures should not all others much more do it and joyntly and magnanimously oppose them to the utmost upon the self-same grounds for their own and the publick ease Liberty Safety Settlement and restoring the Rights Priviledges Freedome Splendor of our true English Parliaments Fifthly He there likewise affirms g g P. 53. 54. 59. 41. that those now fiting at Westminster have perverted the ends of their trusts more then ever Strafford did 1. In not ceasing the people of but encreasing their grievances 2. In exhausting their estates to maintain and promote pernicious Designes to the peoples destruction The King did it by a little Shipmony and Monopolies but since they began they have raised and extorted more mony from the People and Nation then half nay all the Kings since the Conquest ever did as particularly 1 By Excise 2 Contributions 3 Sequestrations of lands to an infinite value 4 Fist part 5 Twentyeth part 6 Meal-mony 7 Sale of plundered good 8 Loanes 9 Benevolences 10 Collections upon their fast days 11 New imposittions or customes upon Merchandize 12 Guards maintained upon the charge of private men 13 Fifty Subsidies at one time 14 Compositions with Delinquents to an infinite value 15 Sale of Bishops lands 16 Sale of Dean and Chapters lands and now after the wars are done 17 Sale of Kings Queens Princes Dukes and the rest of the Childrens revenues 18 Sale of their rich goods which cost an infinite sum 19 to conclude all a Taxation of ninety thousand pounds a moneth since that of one hundred and twenty thousand pounds a Moneth and lately of a whole years Tax within three moneths and now of one hundred thousand pound a a moneth for the same six moneths they have payed their Taxes besides Excise Customes Frequent new intollerable Militiaes Payments to increased swa●ms of poor sequestrations Highway money and other charges now all Trade is utterly lost and the three Kingdomes beggar'd and undone and when they have gathered it pretendingly for the Common-wealths use divide it by thousands and ten thousands a piece amongst themselves and wipe their mouths after it like the impudent Harlot as though they had done no evill and then purchase with it publick Lands at smal or trivial values O brave Trustees that have Protested before God and the world again and again in the day of their straits they would never seek themselves and yet besides all this divide all the choicest and profitablest Places of the Kingdome among themselves Therefore when I seriously consider how many in Parliament and elsewhere of their Associates that judge themselves the onely Saints and Godly men upon the earth that have considerable and some of them vast estates of their own inheritance and yet take five hundred one two three four five thousand pounds per annum Salaries and other comings in by their places and that out of the too much exhausted Treasury of the Nation when thousands not onely of the people of the world as they call them but also
and Burgesses and levying of their wages being only PARLIAMENTUM NOSTRUM the Kings Parliament that is dead not his Heirs and Successors and the Lords and Commons being all summoned and authorized by it to come to OUR PARLIAMENT there to be personally present and confer with US NOBISCUM not Our Heirs and Successors of the weighty and urgent affairs that concerned NOS US and OUR KINGDOM of England and Knights and Burgesses receiving their wages for Nuper ad NOS ad PARLIAMENTVM NOSTRUM veniendo c. quod sommoneri FECINUS ad tractandum ibidem super diversis arduis Negotiis NOS Statum REGNI NOSTRI t●ngentibus as the tenor of the d Writs for their wages determines The King being dead and his Writs and Authority by which they were summoned with the ends for which they were called to conferre with US about US and OUR KINGDOMS affairs c. being thereby absolutely determined without any hopes of revival the Parliament it self must thereupon absolutely be determined likewise especially to those who have disinherited HIS HEIRS and SUCCESSORS and voted down our Monarchy it self and they with all other Members of Parliament cease to be any longer Members of it being made onely such by the Kings abated Writ even as all Judges Justices of peace and Sheriffs made only by the Kings Writs or Commissions not by his 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 Our Judges Justices and Sheriffs no longer to preserve OUR Peace c. no more than a wife can be her deceased Husbands Wife and bound to his obedience from which she was loosed to 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 extends to Members of Parliament as to Judges Justices and Sheriffs as is agreed in 4 E. 4. f. 43 44. and Brook 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 only private men their Parliamentary Authority expiring with the King it must needs be illegal and contrary to all the forecited 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 as the Impeachments against them evidence drawnup by some now acting 2. Admit the late Parliament still in being yet the House of Peers Earls and Barons of the Realm were no wayes privy nor consenting to this Tax imposed without yea against their consents in direct affront of their * most antient undubitable Parliamentary Right and Privileges these Taxmasters 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 House 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 than the Man in the Moon or the Convocation Anno 1640. after the Parliament dissolved as is evident by the expresse words of the fore-cited Acts the Petition of Right it self the Acts for the Triennial Parliament and against the proroguing or dissolving this Parliament 16 Car. c. 1 7. 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 constitutive M●mbers of our h antient Parliaments which consisted of the King Spiritual and Temporal 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 till after the beginning of King E. 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 to them to redress their grievances and enact new Laws till long after R. the seconds time as our Parliament Rolls and the printed Prologues to the Statutes of 1 4 5 9 10 20 23 36 37. and 50 Edw. 3. 1 Rich 3. 1 2 4 5 7 9 11 13 Hen. 4. 1 2 3 4 8 9 Hen. 5. 1 2 3 4 6 8 9 10 11 14 15 29 28 29. 39 Hen. 6. 1 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 SPIRITUAL and TEMPORAL and at THE SPECIAL INSTANCE and REQUEST OF THE COMMONS OF THE REALM BY THEIR PETITIONS put in the said Parliament as some Prologues have it Our Lord the King hath caused to be ordained or ordained certain STATVTES c. Where the advising and assenting to Laws is appropriated to the Lords the ordaining of them to the King and nothing but the requesting of and petitioning for them to the Commons and that both from King and Lords in whom the Legislative power principally and before 49 H. 3. originally and solely resided as is manifest by the printed Prologue to the Statute of Merton 20 Hen. 3. The Statute of Mortemain 7 E. 1. 31 E. 1. De Asportatis Religiosorum the Statute of Sheriffs 9 Ed. 2. and of the Templers 17 Ed. 2. to cite no more Therefore this Tax imposed by the Commons alone without King or Lords must needs be void illegal and no wayes 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 of it without King or Lords which they never once did or pretended to in any age yet this Act and Tax can be no waies 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 and their Confederates in the House who having presumed by mere force and armed power against Law and without President to seclude the major part of the House at least eight parts of ten who by Law and Custom are the House it self from sitting or voting with them contrary to the Freedom and Privileges of Parliament readmitting none but upon their own terms of renouncing their own forme Votes touching the Kings
all futur● 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 Regal Parliamental Magistratical and Ecclesiastical power of the Kingdom to their General-Council of Officers of the Army and Anti-Parliamentary Conventicles as the supreme swaying Authority of the Kingdom and attempting to alter and subvert the antient Government Parliaments Laws and Customs of our Realms 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 gotten all we have from us by Taxes and Free-quarter and we have nothing left to pay them then themselves will seize upon 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 if we believe 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 lesse 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 privileges of Parliament and liberty of the Subject pulled me forcibly from the Commons House and kept me Prisoner about 2. months space under their Martial to my great expence and prejudice and since that close Prisoner near 3. whole years in Dunster Taunton and Pendennis Castles and thrice forcibly excluded me and other Members out of the House May 7. and 9. and Decemb. 27. 1659. 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 unparallel'd injustice or acknowledging their offence and yet detain some of my then fellow-Members under custody by the meer power of the Sword without bringing them to Trial would be not ●●ly absurd unreasonable and a tacit justification of this h●rrid violence and breath of Privilege but monstrous unnatural 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 and defence thereof against forein Enemies or Domestique Traytors and Rebels as is clear by the Stat. of 25 E. 1. c. 6. all Acts for Taxes Subsidi●s Tenths Aydes Tonnage and Poundage 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 whole Kingdom with Scotland and Ireland are generally exhausted by the late 18. years Wars Plunders and heavy Taxes there being more monies levyed on it by both sides during these 18. last years than 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 cattel 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. The heavie Contributions to support the Army which destroy all Trade by fore-stalling engrossing most of the Monies of the Kingdoms and enhancing their prices keeping many thousands of able men and horses idle only like moths and locusts to consume other labouring mens provisions estates and the publick Treasure of the Kingdoms when as their employment in their Trades and Callings might much advance trading and enrich the Kingdoms 4. There is now no visible Enemy in the field or elsewhere and the fitting 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 to eat up the Count●y with Taxes and Free-quarter only to play drink whore steal rob murther quarrel fight with impeach and shoot one another to death as Traytors Rebels and Enemies to the Kingdom and Peoples Liberties as of late the Levellers and Cromwellists did when this was written and the Lambardists and Rumpists since 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 Garrisons 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 and Army themselves to disband and reduce all super-numeraries maintain the Established Army and Garrisons and ease the Country of all Free-quarter which Tax hath been constantly pain 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 enacted beside the sixty for the Army and this for the common good of the Realm and that the Taxes since should be mounted to 120. thousand pounds each month and now again to one hundred thousand pounds for those 6. months for which they have paid in 35. thousand pounds 9. months since before hand only to murther our Protestant Brethren and Allies of Scotland and Holland destroy and oppresse each other and keep up an Anti-Parliamentary Conventicle of Tyrants and Vsurpers to undo enslave and ruine our Kingdoms Parliaments and their Privileges against all their former Oaths Protestations Declarations Covenants is a riddle unto me on rather a Mystery of Iniquity for some mens private ●●●re 〈…〉 than the publick weal 6. The Militias of every County for which there was so great contest in Parliament with the late King and
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 and Kingdom they neither taking the Oaths of Judges Supremacy or Allegiance as they ought by Law but only to be true and faithful to the new erected State without a King but likewise all votes and proceedings before the pretended House or any of their Committees o●sub-Committees in the Country with all their Grants and Offices Moneys Salaries Sequestrations Sales of Lands or Goods Compositions c. meer Nullities and illegal acts and the proceedings of all active Commissioners Assessors Collectors Treasurers c. and all other Officers imployed to levy and to collect this illegal tax to support that usurped Parliamentary Authority and Army which hath beheaded the late King dis-inherited his undoubted Heir 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 Kingdome with the Liberty and property of the people of England no less than 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 and Declaration and Speech against the ship-mony Judges 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 proun'd rate for the 3 last months contribution to fine those who refuse to do it a meer diabolical invention to multiply perjuries to damn mens souls invented by Cardinal Woolsey much enveighed against by Father Latimer in his sermons condemned by the express words of the Petition of Right providing against such Oathes and a snare to enthral the wealtheir 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 any Oath in any case whatsoever much lesse then to confer any authority on others to give such illegal Oathes and fine those who refuse them the highest kind of Arbitrary Tyrany 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 m Exod. 21. 5. 6. 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 ways active in imposing or administring such Oaths yea treasonable Oaths of the highest degree abjuring and engaging against King Kingship Kingdome and House of Lords and that with constancy and perseverance against their former Oathes of Homage Fealty Supremacy and Allegiance the Protestation Vow Solemn League and National Covenant the most detestable Perjury and High treason that ever mortal men were guilty of or assistant in imposing assessing collecting and levying illegal taxes by distresse or otherwise may and will undoubtedly smart for it at last not onely 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 Indictments of High treason to the deserved losse of their Estates Lives and Ruine of their families and that by the Junctoes own Votes and Declaration Octob. 11. 1659. when there will be no Parliament of purged Commoners nor Army to secure nor legal plea to acquit them from the guilt and punishment of Traytors both to their King and Country pretended present forbid fear of imprisonment loss of Liberty Friends Estate Life or the like being no n n See 1. H. 4. Rot. Par. n. 97. excuse in such a case and time as this but an higher aggravation of their crime nor yet to exempt them from Hell it self and everlasting Torments in it for their Perjuries Treasons Oppressions Rebellions and actings against their Consciences out of fear of poor inconsiderable mortals who can but kill the body at most nor yet do that but by Gods permission contrary to the express commands of God himself Ps. 3. 6. Ps. 27. 1. Ps. 56. 11. Ps. 112. 7 8. Isa. 44. 8. c. 51. 7. 12. ler. 1. 8. Ezek. 2. 6. 12. 4. 5. Mat. 10. 28. 1. Pet. 3. 4. Heb. 13. 6. the o o Rev. 21. 8. FEARFUL being the first in that dismal list of Malefactors who shall have their part in the Lake which burneth with fire and brimstone 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 * See Fortescue de Laudibus Legum Angliae and Sir Thomas Smith De Republica Anglicana 16 Car. c. 1. See Rastal Title Taxes Tallages The Acts for Subsidies of the Clergy and Temporalty * See My Memento to the p●esent Un-Parliamentary Juncto Prynne the Member reconciled to Prynne the Barreste● and True and perfect Narrative May 7. 9. 1659. a See my Humble Remonstrance against Ship-money Jan. 26. 1659. b See 1 E. ● cap. 7. Cook 7. Report 30 31. Dyer 165. 4 Ed. 4. 43 44 1 E. 5. 1 Book Commission 10 21. c Cromptons Jurisdiction of Courts fol. 1. Cook 4. Instit. c. 1. d 5 E. 3. m. 6. part 2. Dors. Claus. Regist. f. 192. 200. e 4 Ed. 4. 44. 1 E. 5. 1. Brook Commissions 19. 21. Officer 25. Dyer 165. Cook 7. Report 30. 31. 1 E. 6. c. 7. Daltons Justice of Peace c. 3. p. 13 Lambert p. 71. * See my Plea for the Lords and House of Peers f 14 R. 2. n. 15. 11 H 4. n. 30. 13 H. 4. n. 25. g 4 H. 7. 18. b. 7 H. 7. 27. Fortescue c. 18. f 20 Dyer 92. B●ook Parliament 76 197. Cooks 4. Institut p. 25. h See the Freeholders grand Inquest My Plea for the Lords The 1 and 2 Part of my Register of Parliamentary Writs and exact Ab. idgement of the Records in ●●e Tower my Historical Collection part 1 2. c. 3. See my Speech Dec. 4. 1648. and a full Declation of the true state of the Case of the Secluded Members i i Cooks 4. Institutes p. 1. 5 R. 2. Stat. 2. c. 4. * Populi Minor pars Populum non obigit Grotius de Jure Belli l. 2. c. 15. sect. 3. Alexander ab Alexandro Gen. dierum l. 4. c. 11. a Declarat Nov. 28. 30. 1648. l 39. Ed. 3. 7. 4. H. 7. 10. Brook Parl. 26. 40. Cook 4. Instit. p. 1. 25 26. 1 Jac. cap. 1. m Claus. 23. E. 1.