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A56178 A legall vindication of the liberties of England, against illegall taxes and pretended Acts of Parliament lately enforced on the people: or, Reasons assigned by William Prynne of Swainswick in the county of Sommerset, Esquire, why he can neither in conscience, law, nor prudence submit to the new illegall tax or contribution of ninety thousand pounds the month; lately imposed on the kingdom, by a pretended Act of some commons in (or rather out of) Parliament Prynne, William, 1600-1669. 1649 (1649) Wing P3996A; ESTC R206108 46,568 58

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of his Company repaired thither making all the spoil they could and taking away some brasse and Pewter continuing there till neer four of the clock and then marched away onely out of fear I would raise the Country upon them many of whom profered me their assistance but I desired them to forbear till I saw what their Officers would do who in stead of punishing any of them permitted them to play the like Rex almost in other places where they quartered since marching but three or four miles a day and extorting what money they could from the Country by their violence and disorders Now for me or any other to give moneys to maintain such deboist Bedlams and Beasts as these who boasted of their villanies and that they had done me at least twenty pounds spoil in Beer and Provisions drinking out five barrels of good strong Beer and wasting as much meat as would have served an hundred civill persons to be Masters of our Houses Goods Servants Lives and all we have to ride over our heads like our Lords and Conquer●urs and take Free-quarter on us amounting to at least a full yeers contribution without any allowance for it and that since the last Orders against Free-quarter and Warrants for paying in this Tax to prevent it for the future issued is so far against my Reason Judgment and Conscience that I would rather give all away to suppresse discard them or cast it into the fire then maintain such graceless wretches with it to dishonour God enslave consume ruine the Country and Kingdom who every where complain of the like insolencies and of taking Free-quarter since the ninth of June as above two hundred of Colonel Cox his men did in Bath the last Lords day who drew up in a Body about the Majors house and threatned to seise and carry him away prisoner for denying to give them Free-quarter contrary to the New Act for abolishing it Lastly This pretended Act implies that those who refuse to pay this contribution without distresse or imprisonment shall be still oppressed with Free-quarter And what an height of oppression and injustice this wil prove not only to distrain and imprison those who cannot in conscience Law or prudence submit to this illegall Tax but likewise to undo them by exposing them to Free-quarter which themselves condemn as the highest pest and oppression let all sober men men consider and what reason I and others have to oppose such a dangerous destructive president in its first appearing to the world In few words As long as we keep an Army on foot we must never expect to be exempted from Free-quarter or Wars or to enjoy any peace or setlement and as long as we wil submit to pay contributions to support an Army we shall be certain our new Lords and Governors will continue an Army to over-aw and enslave us to their wils Therefore the onely way to avoid free-quarter and the cost and trouble of an Army and settle peace is to deny all future contributions Ninthly The principal end of imposing this Tax to maintain the Army and Forces now raised is not the defence and safety of our ancient and first Christian Kingdom of England its Parliaments Laws Liberties and Religion as at first but to disinherit the King of the Crown of England Scotland and Ireland to which he hath an undoubted right by common and Statute Law as the Parliament of 1 Jacobi ch. 1. resolves and to levie War against him to deprive him of it To subvert the ancient Monarchical Government of this Realm under which our Ancesters have always lived and flourished to set up a New-Republick the oppressions and grievances whereof we have already felt by increasing our Taxes setting up arbitrary Courts and Proceedings to the taking away the lives of the late King Peers and other Subjects against the fundamental Laws of the Land creating new monstrous Treasons never heard of in the world before and the like but cannot yet enjoy or discern the least ease or advantage by it To overthrow the ancient constitution of the Parliament of England consisting of King Lords and Commons and the Rights and Priviledges thereof To alter the fundamental Laws Seals Courts of Justice of the Realm and introduce an arbitrary government at least if not Tyrannical contrary to our Laws Oaths Covenant Protestation (a) publick Remonstrances and Engagements to the Kingdom and forreign States not to change the Government or attempt any of the Premises All which being no less then High Treason by the Laws and Statutes of the Realm as Sir Edward Cook in his 4. Institutes ch. 1. and Mr. St John in his Argument at Law upon passing the Bill of Attainder of the Earl of Strafford both printed by the Commons special Order have proved at large by many Precedents Reasons Records and so adjudged by the last Parliament in the cases of Strafford and Canterbury who were condemned and executed as Traitors by Judgment of Parliament and some of these now sitting but for some of those Treasons upon obscurer Evidences of guilt then are now visible in other I cannot submit thereto without incurring the Crime and Guilt of thefe severall High Tre●…sons and the eternal if not temporal punishments incident thereunto if I should volutarily contribute so much as one penny or farthing towards such Treasonable and disloyal ends as these against my Conscience Law Loyalty and Duty and all my Oaths and Obligations to the contrary Tenthly The payment of this Tax for the premised purposes will in my poor judgment and conscience be offensive to God and all good men scandalous to the Protestant Religion dishonourable to our English Nation and difadvantagious and destructive to our whole Kingdom hindering the speedy settlement of our Peace the re-establishment of our Laws and Government abolishing of our Taxes disbanding of our Forces revivall of our decayed Trade by the renewing and perpetuating our bloody uncivill Warrs engaging Scotland Ireland and all forreign Princes and Kingdoms in a just War against us to avenge the death of our late beheaded King the dis-inherit●…ng of his posterity and restore his lawfull Heirs and Successors to their just undoubted Rights from which they are now forcibly secluded who will undoubtedly molest us with continuall Warrs what-ever some may fondly conceit to the contrary till they be setled in the Throne in peace upon just and honorable terms and invested in their just possessions Which were far more safe honorable just prudent and Christian for our whole Kingdom voluntarily and speedily to do themselves then to be forced to it at last by any forraign Forces the sad consequences whereof we may easily conj●…cture and have cause enough to fear if we now delay it or still contribute to maintain Armies to oppose their Titles and protect the Invaders of them from publick Justice And therefore I can neither in conscience piety nor prudence ensnare my self in the guilt of all these dangerous consequences by any submission to
party there from the forces of the bloody Popish Irish Rebels with whom if report be true these sitting Anti-Monarchists seek and hold correspondence and are now actually accorded with Owen Roe-Oneal and his pary of bloudiest Papists but to oppose the Kings interest and Title to that Kingdom * setled on HIM HIS HEIRS SUCCESSORS FOR EVER by an express act of Parliament made in Ireland 33. H. 8. c. 1. and by the Stat. of 1 Jac. c. 1. made in England yet unrepealed and the Protestant remaining party there adhering to and proclaiming acknowledging him for their Soveraign lest his gaining of Ir●…land should prove fatall to their usurped Soveraignty in England or conduce to his enthroning here And by what Authority these now sitting can impose or with what conscience any loyal Subject who hath tagen the Oaths of Supremacy Allegeance and Cov●…nt can voluntarily pay any Contribution to deprive the King of his hereditary right and undoubted title to the Kingdoms Crowns of England Ireland and alter the frame of the ancient Government and Parliaments of our Kingdoms p Remo●…strated so often against by both Houses and adjudged High Treason in Canterburies and Straffords cases for which they were beheaded and by themselves in the Kings own case whom they decolled likewise without incurring the guilt of perjury and danger of high Treason to the loss of his life estate by the very laws and Statutes yet in force transcends my understanding to conceive Wherfore I neither can nor dare in conscience law or prudence submit to this contribution Fourrhly The coercive power and manner of levying this contribution expressed in the Act is against the Law of the Land and Liberty of the Subject which is threefold First Distresse and sale of the goods of those who refuse to pay it with power to break open their Houses which are their Castles doors chests c. to distrain which is against Magna Charta c. 29. The Petition of Right The Votes of both Houses in the case of Ship-mony 1 R. 2. c. 3. and the resolution of our Judges and Law-books 13. Ed. 4. 9. 20. E. 4. 6. Cook 5 Report f. 91 92. Semains case and 4. Inst. p. 176. 177. Secondly Imprisonment of the body of the party till he pay the Contribution being contrary to Magna Charta The Petition of Right The resolution of both Houses in the Parliament of 3 Caroli in the case of Loans and 17 Caroli in the case of Ship-mony the judgment of our Judges and Law-books collected by Sir Edward Cook in his 2 Inst. p. 46. c. and the Statute of 2. H. 4. Rot. Parl. n. 6. unprinted but most expresse in point Thirdly Levying of the contribution by souldiers and force of arms in case of resistance and imprisoning the person by like force adjudged High Treason in the case of the Earl of Strafford and a levying of war within the Statute of 25. Ed. 3. by the late Parliament for which he lost his head and so proved to be at large by Master St. Iohn in his Argument at Law at the passing the Bill for his attainder Printed by Order of the Commons House Fourthly Which heightens the illegality of these illegall means of levying it if any person whose goods are destrained or person imprisoned for this illegall tax shall bring his Action at Law or an Habeas corpus for his relief the Committee of Indempnity will stay his legall proceedings award costs against him and commit him anew till he pay them and release his suits at Law and upon an Habeas corpus their own Sworn Judges created by them without any Oath to do equal Justice c. to all but only to be true and faithfull to their new-erected State dare not bayl but remaund him against Law An oppression and Tyranny far exceeding the worst of the Beheaded Kings under whom the Subjects had Free-Liberty to sue and proceed at Law both in the cases of Loanes Shipmony and Knighthood without any Councel 〈◊〉 Committee of Indempnity to stop their suits or inforce them to release them and therefore in all these respects so repugnant to the Laws and Liberty of the Subject I cannot submit to this illegall Tax but oppugn it to the utetrmost as the most invasive on Laws and Liberties that ever was Fifthly The time of imposing this illegall Tax with these unlawfull ways of levying it is very considerable and sticks much with me it is as the Imposers of it declare and publish in many of their new kind of Acts and devices in the first yeare of Englands Liberty and redemption from thraldom And if this unsupportable Tax thus illegally to be levied be the first fruits of our first years Freedom and redemption from thraldom as they stile it how great may we expect our next years thraldome will be when this little finger of theirs is heavier by far then the Kings whole loyns whom they beheaded for Tyranny and Oppression Sixthly The Order of this Tax if I may so term a disorder or rather newnesse of it engageth me and all lovers of their Countries Liberty unanimously to withstand the same It is the first I finde that was ever imposed by any who had been Members of the Commons House after a Parliament dissolved the Lords House Voted down and most of their fellow Commoners secured or secluded by their con●…ivance or confederacy with an undutifull Army Which if submitted to and not opposed as illegall not only the King or Lords alone without the Commons bu●… any forty or fifty Commoners who have been Members of a Parliament gaining Forces to assist and countenance them may out of Parliament now or any time hereafter do the like and impose what Taxes and Laws they please upon the Kingdom and the secluded Lords and Com●…ons that once sate with them being encouraged thereto by such an unopposed precedent Which being of so dangerous consequence and eximple to the constitution and priviledges of Parliament and Liberties of the People we ought all to endeavour the crushing of this new Cockatrice in the shell lest it grow to a Fiery Serpent to consume and sting us to death and induce the Imposers of it to lade us with new and heavier Taxes of this kinde when this expires which we must expect when all the Kings B shops Deans and Chapters Lands are shared amongst them sold and spent as they will quickly be if we patiently submit to this leading Decoy since (q) Bonus Actus inducit consuetudinem as our Ancestors resolved Anno 1240. in case of an unusuall Tax demanded by the Pope whereupon they all unanimously opposed it at first (r) Opprime dum nova sunt subiti mala semina morbi Principiis obsta serò medecina paratur Cum mala per longas invaluere moras Being the safestrule of State-physick we can follow in such new desperate diseases which endanger the whole Body-Politick Upon which grounds the most consciencious
most of them again acted presently after the Law made against them which was most palpa●… broken by him almost in every part of it very soon after His solemn Consent given unto it (1) His imprisoning and prosecuting Members of Parliament for opposing His unlawfull Will and of divers (2) worthy Merchants for refusing to pay Tonnage and Poundage because NOT GRANTED BY PARLIAMENT yet (3) exacted by HIM expresly against Law and punishment of many (4) good Patriots for not submitting to whatsoever ●…e pleased to demand though NEVER SO MUCH IN BREACH OF THE KNOWN LAW The multitude of projects and Monopolies established by Him His designe and charge to bring in (5) Germane-Horse to awe us INTO SLAVERY and his hopes of compleating all by His grand project of (6) Ship-money to subject EVERY MANS ESTATE TO WHATSOEVER PROPORTION HE PLEASED TO IMPOSE UPON THEM But above all the English Army was laboured by the King to be engaged against THE ENGLISH PARLIAMENT A th●…ng of that (7) STRANGE IMPIETY and UNNATURALNESS for the King of England to sheath their swords in one anothers bowels that nothing can answer it but his owne being a Foraigner neither could it easily have purchased belief but by his succ●…eding visible actions in ful pursu●…ance of the same As the Kings coming in person to the (8) House of Commons to seise the five Members whether he was followed with (9) some hundreds of unworthy d●…baunched persons a●…med with Swords and Pistols and other Armes and th●…y attending at the Doore of the House ready to 〈◊〉 whatsoever their Leader should command them The oppr●…ssions of the Councell-Table Star-Chamber High-Commission Court-Martiall Wardships Purveyances Afforestations and many others of like nature equalled if not farr exceeded now by sundry Arbitrary Committees and Sub-Committees to name no others in all manner of Oppressions and Injustice concluding thus Upon all these and many other unparalleld offences upon his breach of Faith of Oaths and Protestations upon the cry of the blood of England and Ireland upon the tears of Widows and Orphans and childless Parents and millions of persons undone by him let all the world of indifferent men judg whether the Parliament you mean your selves only which made this Declaration had not sufficient cause to BRING THE KING TO JUSTICE And much more you if you imitate or exceed him in all or any of these even by your own verdit 3. Themselves charge the King with profuse Donations of salaries and pensions to such as were found or might be made fit Instruments and promoters of Tyranny which were supplied not by the legal justifiable revenue of the Crown but by Projects and illegal ways OF DRAINING THE PEOPLES PURSES all which mischief and grievance they say wil be prevented in their free State though the quite contrary way as appears by the late large donation of some thousands to Mr. Henry Martin the Lord Lisle Commissary General Ireton and others of their Members and Instruments upon pretence of Arrears or Service some of them out of the moneys now imposed for the releife of Ireland And must we pay Taxes to be thus prodigally expended Fourthly They therein promise and engage That the good old Laws and Customs of England THE BADGES OF OUR FREEDOM the benefit whereof our Ancesters enjoyed long before the conquest and spent much of their blood to have confirmed by the Gre●…t Charter of the Liberties and other excellent Laws which have continued in all former changes and being duly executed are THE MOST JUST FREE and equal of any other Laws in the world shall be duly continued and maintained by them the LIBERTY PROPERTY and PEACE OF THE SUBJECT BEING SO FULLY PRESERVED BY THEM and the common interest of those WHOM THEY SERVE And if those Lawes should be taken away all Industry must cease all misery blood and confusion would follow and greater Calamities if possible then fel upon us by the late Kings misgovernment would certainly involve all persons under which they must inevitably perish 5. They therein expresly promise p. 26. To order the revenue in such a way That the publick charges may be defrayed The Souldiers pay justly and duly setled That free-quarter may be wholy taken away and THE PEOPLE BE EASED IN THEIR BURTHENS and TAXES And is this now all the ease we feel to have all Burthens and Taxes thus augmented and that against Law by pretended acts made out of Parliament against all these good old Lawes and Statutes our Liberties and Properties which these new Tax-Masters have so newly and deeply engaged themselves to maintain and preserve without the least diminution Thirdly Both Houses of Parliament joyntly and the House of Commons severally in the late Parliament with the approbation of all consent of most now sitting did in sundry ‖ Remonstrances and Declarations published to the Kingdom not only Tax the King and his evil Counsellors for imposing illegal Taxes on the Subjects contrary to the forecited acts the maintenance whereof against all future violations and invasions of the Peoples Liberties and Properties they made one principal ground of our late bloody expensive wars but likewise professed * That they were specially chosen and intrusted by the Kingdom in Parliament and owned it as their duty to hazzard their own lives and estates for preservation of those Laws and liberties and use their best endeavours that the meanest of the Commonalty might enjoy them as their birthrights as well as the greatest Subject That EVERY HONEST MAN especially THOSE WHO HAVE TAKEN THE LATE PROTESTATION and Solemn League and Covenant since IS BOUND TO DEFEND THE LAWS and LIBERTIES OF THE KINGDOM against WIL and POWER which imposed WHAT PAYMENTS THEY THOUGHT FIT TO DRAIN THE SUBJECTS PURSES and supply THOSE NECESSITIES which theiril Counsel had brought upon the King and Kingdom And that they would be ready TO LIVE AND DYE with those WORTHY and TRUE-HEARTED PATRIOTS OF THE GENTRY OF THIS NATION and others who were ready to lay down their lives and fortunes for the maintenance of THEIR LAWS and LIBERTIES with many such like heroick expressions Which must needs engage me a Member of that Parliament and Patriot of my Country with all my strength and power to oppose this injurious Tax imposed out of Parliament though with the hazard of my life and fortunes wherein all those late Members who have joyned in these Remonstrances are engaged by them to second me under paine of being adjudged unworthy for ever hereafter to sit in any Parliament or to be trusted by th●…ir Counties and those for whom they served And so much the rather to vindicate the late Houses honour and reputation from those predictions and printed aspersions of the beheaded King (‖) That the maintenance of the Laws Liberties Properties of the People were but only guilded dissimulations and specious pretences to get power into their own hands thereby to enable them to