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 moneys 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 Conquerours and take Free quarter on us amounting to at least a full yeares 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 Judgement and conscience that I would rather give all away to suppress discard them or cast it into the fire then maintain such graceless wretches with it to dishonour God enslave consume ruine the Country and Kingdome who every where complain of the like insolences and of taking free quarter since the 9 of June as above two hundred of Colonel Coxe 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 distress or imprisonment shall be stil oppressed with freequarter And what an height of oppression and injustice this will prove not only to distrain imprison those who cannot in conscience Law or prudence submit to this illegall Tax but likewise to undoe them by exposing them to free-quarter which themselves condemne as the heighst pest and oppression let all sober men consider and what reason I and others have to oppose such a dangerous destructive president in its first appearing to the world Ninethly The principal end of imposing this Tax to maintain the Army and forces now raised is not the defence and fafety 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 levy 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 greivances whereof we have already felt by increasing our Taxes setting up arbitrary Courts and Proceedings to the taking away of the lives of the late King Peers and other Subjects against the Fundamental Laws of the Land creating new monstrous Treasons never heard off 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 Parliaments of England consisting of King Lords and Commons and the Rights and Priviledges thereof To alter the fundamental Laws Seales Courts of Justice of the Realm and introduce an arbitrary Government at least if not Tyrannical contrary to our Lawes Oathes Covenant Protestation a publick Remonstrances and Engagements to the Kingdom and forraign 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 presidents Reasons Records and so adjudged by the last Parliament in the cases of Strafford and Canterbury who were condemned and executed as Traytors by judgement of Parliament and some of these now sitting but for some of those Treasons upon obscurer Evidences of guilt then are now visible in others I cannot without incurring the Crime and Guilt of these general High Treasons and the eternal if not temporal punishments incident thereunto if I should voluntarily contribute so much as one peny or farthing towards such Treasonable and disloyal ends as these against my Conscience Law Loyalty duty and all my Oathes 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 disadvantagious and destructive to our whole Kingdom hindering the speedy settlement of our Peace the re-establishment of our Laws and Government establishing of our Taxes disbanding of our Forces revivall of our decayed Trade by the renewing and perpetuating our bloudy 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-inheriting 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 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 this illegall Tax Upon all these weighty Reasons and serious grounds of Conscience Law Prudence which I humbly submit to the Consciences and Judgments of all conscientious and Judicious persons whom they do or shall concern I am resolved by the assistance and strength of that Omnipotent God who hath miraculously supported me under and carried me through all my former sufferings for the Peoples publick Liberties with exceeding joy comfort and the ruine of my greatest enemies and Opposers to oppugne this unlawfull Contrbution and the payment of it to the uttermost in all just and lawfull wayes I may And if any will forcibly levie it by distresse or otherwise without Law or Right as Theeves and Robbers take mens goods and Purses let them doe it at their own utmost perill And I trust God and men will in due season doe me justice and award me recompence for all the injuries in this kinde and any sufferings for my Countries Liberties How-ever fall back fall edge I would ten thousand times rather lose life and all I have to keep a good conscience and preserve my native Liberty then part with one farthing or gain the whole world with the losse of either of them and
from going yet take free-quarter on the Country and pay too under that pretext And to force the Country to pay Contribution and give Free-quarter to such Cheaters and Impostors who never intend this Service is both unjust and dishonourable 4. If the Relief of Ireland be now really intended it is not upon the first just and pious grounds to preserve the Protestant 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 Ro-Oneal and his party of blodiest Papists but to oppose the Kings interest and title to that Kingdome and the Protestant remaining party there adhering to and proclaiming acknowledging him for their Soveraign least his gaining of Ireland 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 loyall Subject who hath taken the Oaths of Supremacy Allegiance and Covenant can voluntarily pay any contribution to deprive the King of his hereditary right undoubted Title to the Kingdoms and Crowns of England Ireland and alter the frame of the ancient Government Parliaments of our Kingdoms p Remonstrated so often against by both Houses and adjudged High Treason in Canterburies and Strafffords 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 losse of his life and estate by the very laws and statuts yet inforce transcends my understanding to conceive VVherfore I neither can nor dare in conscience law or prudence submit to this contribution Fourthly 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 doores chests c. to distrain which is against Magna Charta cap. 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 Semaines case 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 Loanes 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 Insti. p. 46. c. and the Statu. of 2 H. 4. Rot. Par. 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 cases 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 cost against him and commit him a new till he pay them and release his suits at Law and upon an Habeas corpus their own Sworn Judges created by them dare not bayle 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-Table 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 most invasive on our Laws and Liberties that ever was Fifthly The time of opposing 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 illegallly to be levied be the first fruits of our first years Freedom and redemption from thraldom 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 loynes 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 connivance or confederacy with an undutiful Army VVhich if submitted to and not opposed as illegall 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 Commons that once sate with them being incouraged thereto by such an unopposed precedent VVhich being of so dangerous consequence and example 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 heavie Taxes of this kinde when this expires which we must expect when all the Kings Bishops Deans and Chapters Lands are sold and spent if we patiently submit to this leading Decoy since q Bonus Actus inducit consuetudinem as our Ancestors resolved Anno 1240. in the case of an universall 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 medicina paratur Cum mala per longas invaluere moras being the safest rule of State-physick we can follow in such new desperate Diseases which endanger the whole Body-politick Upon which grounds the most consciencious Gentlemen and best Patriots of their Country opposed Loans Ship money Tonnage Poundage Knighthood and the like late illegall
a great extraordinary Subsidie then demanded of them though not comparable to this for the necessary defence of the Kingdom against Forraign enemies till they had conferred with the Counties and Burroughs for which they served and gained their assents Yet there is no shadow of reason Law or Equity it should oblige any of the secluded Members themselves whereof I am one or those Counties Cities or Burroughs whose Knights Citizens and Burgesses have been secluded or scared thence by the Armies violence or setting Members illegall Votes for their seclusion who absolutely disavow this Tax and Act as un-Parliamentary illegall and never assented to by them in the least degree since the only l reason in Law or equity why Taxes or Acts of Parliament oblige any Member County Burrough or Subject is because they are parties and consenting thereunto either in proper person or by their chosen Representatives in Parliament it being a received Maxime in all Laws Quod tangit omnes ab omnibus debet approbari Upon which reason it is judged in our m Law-books That By-Laws oblige only those who are parties and consent unto them but not strangers or such who assented not thereto And which comes fully to the present case in 7 H. 6. 35. H. 6.34 Brooke Ancient Demesne 20. Parl. 17.101 It is resolved That Ancient Demesne is a good plea in a Writ of Waste upon the Statutes of Waste because those in Ancient Demesne were not parties to the making of them FOR THAT THEY HAD NO KNIGHTS NOR BURGESSES IN PARLIAMENT nor contributed to their expences And Judge Brook Parliament 101. hath this observable Note It is most frequently found that Wales and County Palatines WHICH CAME NOT TO THE PARLIAMENT in former times which now they do SHALL NOT BE BOUND BY THE PARLIAMENT OF ENGLAND for ancient Demesne is a good Plea in an action of wast and yet Ancient Demesne is not excepted and it is enacted 2. Ed. 6. c. 28. that fines with Proclamation shall be in Chester for that the former Statutes did not extend to it and it is enacted That a Fine and Proclamation shall be in Lancaster 5. 6. E. 6. c. 26. And a Proclamation upon it a exigent is given by the Statute in Chester and Wales 1. E. 6. c. 20. and by another Act to Lancaster 5. 6. E. 6. c. 26. And the Statute of Justices of Peace extended not to Wales and the County Palatine and therefore an Act was made for Wales and Chester 27. H. 8. c. 5. who had Knights and Burgesses appointed by that Parliament for that and future Parliaments by Act of Parliament 27. H. 8. cap. 26. since which they have continued their wages being to be levyed by the Statute of 35. H. 8. c. 11. Now if Acts of Parliament bound not Wales and County Palatines which had anciently no Knights nor Burgesses in Parliament to represent them because they neither personally nor representatively were parties and consenters to them much lesse then can or ought this Leavie Tax and illegall Act to binde those Knights Citizens and Burgesses or those Counties Cities and Burroughs they represented who were forcibly secluded or driven away from the Parliament by the confederacy practice or connivance at least of those now sitting who imposed this Tax and passed this strange Act especially being for the support and continuance of those Officers and that Army who trayterously seised and secluded them from the House and yet detain some of them Prisoners against all Law and Justice The rather because they are the far major part above six times as many as those that sate and shut them out and would no wayes have consented to this illegall Tax or undue manner of imposing it without the Lords concurrence had they been present And I my self being both an unjustly imprisoned and secluded Member and neither of the Knights of the County of Somerset where I live present or consenting to this Tax or Act one or both of them being forced thence by the Army I conceive neither my self nor the County where I live nor the Burrough for which I served in the least measure bound by this Act or Tax but cleerly exempted from them and obliged with all my might and power effectually to oppose them If any here object That by the custome of Parliament 40 Members onely are sufficient to make a Commons House of Parliament and there were at least so many present when this Tax was imposed Therefore it is valid and obligatory both to the secluded absent Members and the Kingdom I answer First That though regularly it be true that forty Members are sufficient to make a Commons House to begin prayers and businesses of lesser moment in the beginning of the day till the other Members come and the House be full yet forty were never in any Parliament reputed a competent number to grant Subsidies passe or record Bils or debate or conclude matters of greatest moment which by the constant Rules and usage of Parliament were never debated concluded passed but in a free and full House when all or most of the Members were present as the Parliament Rolls Journals Modus tenendi Parliamentum Sir Edward Cooks 4. Institutes p. 1.2.26.35.36 Cromptons Jurisdiction of Courts f. 1. c 39. E. 3.7 Brook Parliament 27. 1. Jacobi c. 1. and the Records I have cited to this purpose in my Levellers levelled my Plea for the Lords and Memento p. 10. abundantly prove beyond contradiction for which cause the Members ought to be fined and lose their wages if absent without special Licence as Modus tenendi Parliamentum as 5. R. 2. Parl. 2. c. 4. 9. H. 8. c. 16. and A Collection of all Orders c. of the late Parliament pa. 294.357 with their frequent summoning and fining absent Members evidence Secondly Though forty Members onely may peradventure make an House in cases of absolute necessity when the rest through sicknesse and publick or private occasions are volutarily or negligently absent and might freely repair thither to sit or give their Votes if they pleased yet forty Members never yet made a Commons House by custome of Parliament there being never yet any such case till now when the rest being above four hundred were forcibly secluded or driven thence by an Army through the practice or connivance of those forty sitting of purpose that they should not over nor counter-vote them much lesse an House to sequester or expell the other Members or impose any Tax upon them Till they shew me such a Law Custom or President of Parliament not to be found in any age all they pretend is nothing to purpose or the present case Thirdly Neither forty Members nor a whole House of Commons were ever enough in any age by the Custom of Parliament or Law of England to impose a Tax or make any Act of Parliament without the King and Lords us I have n already proved much lesse after they
undoing This is my first and principall exception against the Legality of this Tax which I desire the Imposers and Levyers of it most seriously to consider and that upon these important considerations from their own late Declarations First themselves in their own Declaration of the 9th February 1648. have protested to the whole Kingdom That they are fully resolved to maintain and shall and will uphold preserve and keep the fundamentall Lawes 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 this Tax imposed by them out of Parliament or their Act concerning New TREASONS I desire they would satisfie me and 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 To procure the well-being of those whom they serve to renounce oppression arbitrary power and all opposition to the peace and Freedome of the Nation And to prevent to their power the reviving of Tyrannie Injustice and all former evils the only end and duty of all their Labors to the satisfaction of all concerned in it 2. They charge the late King for exceeding all His predecessors in the destruction of those whom he was bound to preserve To manifest which they instance in The Loanes unlawfull Imprisonments and other 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 and punishment of many 4 good Patriots for not submitting to whatsoever be pleased to demand though NEVER SO MVCH 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 thing of that 7 STRANGE IMPIETY and VNNATVRALNESS 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 succeeding visible actions in ful pursuance 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 debauched persons armed with Swords and Pistols and other Armes and they attending at the Doore of the House ready to execute whatsoever their Leader should command them The oppressions 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 Vpon 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 childlesse Parents and millions of persons undone by him let all the world of indifferent men judge 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 with profuse Donations of salaries and pensions to such as were found or might be made sit 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 PVRSES 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 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 Great Charter of the Liberties and other excellent Laws which have continued in all former changes and being duly executed are THE MOST JVST 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 SVBJECT BEING SO FVLLY PRESERVED BY THEM and the common interest of those WHOM THEY SERVE And if those Lawes should be taken away all Jndustry must cease all misery blood and confusion would fellow 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