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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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A Legall Uindication 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 Pa●liament ESAY 1. 7. He looked for Judgment but behold Oppression for Righteousness but behold a Cry PSAL. 12. 5. For the Oppression of the poor for the Sighing of the needy now will I arise saith the Lord and will set him in safety from him that would ensnare him EXOD. 6. 5 6. I have also heard the groaing of the children of Israel whom the Aegyptians keep in bondage and I have remembred my Covenant Wherefore say unto the children of Israel I am the Lord and I will bring you out from under the Burdens of the Aegyptians and I will rid you out of their Bondage and I will redeem you with a stretched out arm and with great Judgments ECCLES. 4. 1 2. So I returned and considered all the Oppressions that are done under the Sun and beheld the te●rs of such as were oppressed and they had no Comforter and in the hand of their Oppressors there was power but they had no Comforter Wherfore I praised the dead which are already dead more then the living which are yet alive London Printed for Robert Hodges and are to be sold by him 1649. REASONS Assigned by WILLIAM PRYNNE c. BEing on the 7th of this instant June 1649 informed by the Assessors of the Parish of 〈◊〉 that I was assessed at 2 l. 5 s. for three months Contribution by vertue of a pretended Act of the Commons 〈◊〉 in Parliament bearing date the seventh of April last assessing the Kingdom at ninty thousand pounds monthly beginning from the 25 of March last and continuing for six months next ensuing towards the maintenance of the Forces to be continued in England and Ireland and the paying of such as are thought fit to be disbanded that so Free-quarter may be taken off whereof 3075 l. 17 s. 1 d. ob is monthly imposed on the County and 2 l. 5 s. 3 d. on the small poor Parish where I live and being since on the fifteenth of June required to pay in 2 l. 5 s. for my proportion I returned the Collector this Answer That I could neither in Conscience Law nor Prudence in the least measure submit to the voluntary payment of this illegall Tax and unreasonable Contribution after all my unrepaired losses and sufferings for the publick Libertie amounting to six times more then SHIP-MONEY the times considered or any other illegall Tax of the late beheaded King so much declaimed against in our three last Parliaments by some of those who imposed this And that I would rather submit to the painfullest death and severest punishment the Imposers or Exactors of it could inflict upon me by their arbitrary power for legall they had none then voluntarily pay or net oppose it in my place and calling to the uttermost upon the same if not better reasons as I oppugned a Ship-money Knight-hood and other unlawfull Impositions of the late King and his Councell heretofore And that they and all the world might bear witnesse I did it not from meer obstinacy or sullennesse but out of folid rea●…l grounds of Conscience Law Prudence and publick affection to the weal and liberty of my native Country now in danger of being enslaved under a new vassallage more grievous then the worst it ever yet sustained under the late or any other of our worst Kings I promised to draw up the Reasons of this my ref●…sall in writing and to publish them so soon as possible to the Kingdom for my own Vindication and the better information and satisfaction of all such as are any wayes concerned in the imposing collecting levying or paying of this strange kinde of Contribution In pursuance whereof I immediatly penned these ensuing Reasons which I humbly submit to the impart●…all Censure of all ●…nscientious and judicious Englishmen desiring either their in●…enuous Refutation if erroneous or candid Approbation if substantiall and irrefr●…gable as my conscience and judgement perswade me they are and that they will appear so to all impartial Perusers after full examination First By the fundamental Laws and known Statutes of this Realm No Tax Tallage Ayd Imposition Contribution Loan or Assessement whatsoever may or ought to be opposed or levied on the free men and people of this Realm of England but by the WILL and COMMON ASSENT of the EARLS BARONS Knights Burgesses Commons and WHOLE REALM in a free and full PARLIAMENT by ACT OF PARLIAMENT All Taxes c. not so imposed levied though for the common defence and profit of the Realm being unjust oppr●…ssive inconsistent with the Liberty and Property of the Subject Laws and Statutes of the Realm as is undenyably evident by the expresse Statutes of Magna Charta cap. 29 30. 25. E. 1. c. 5. 6. 34. E. 1. De Tallagio non concedendo cap. 1. 21. E. 3. Rot. Parl. n. 16. 25. E. 3. c. 8. 36. E. 3. Rot. Parl. n. 26. 45. E. 3. Rot. Parl. n. 42. 11. H. 4. Rot. Parl. n. 10. 1. R. 3. c. 2. The Petition of Right and Resolutions of both Houses against Loans 3 Caroli The Votes and Acts against Ship-money Knighthood Tonnage and Poundage and the Star-chamber this last Parliament 17. 18. Caroli And fully argued and demonstrated by Mr. William Hackwell in his Argument against Impositions Judg Hutton and Judg Crook in their Arguments and Mr. St. John in his Argument and Speech against Ship money with other Arguments and Discourses of that subject Sir Edward Cook in his 2 Instit. published by Order of the Commons House ●…ag 59. 60. c 527 528 529 532 533 c. with sundry other R●…cords and law-books cited by those great Rab●…ies of the Law and Patriots of the Peoples Liberties But the present Tax of Ninety Thousand pounds a Month now exacted of me was not thus imposed Therefore it ought not to be demanded of nor levied on me and I ought in conscience law and prud●…nce to withstand it as unjust oppr●…ssive inconsistent with the Liberty and Property of the Subject Laws and Statutes of the Realm To make good the Assumption which is only questionable First This Tax was not imposed in but out of Parliament the late Parliament being actually dissolved above two months before this pretended Act by these Tax-imposers taking away the King by a violent death as is expresly resolved by the Parliament of 1 H. 4. Rot. Parl. n. 1. by the Parliament of 14 H. 4. and 1 H. 5. Rot. Parliam n. 26. Cook 4 Institutes p. 46. and 4. E. 4 44. b. For the King being both the Head beginning end and foundation of
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
faith truth nor common honesty amongst them but likewise Murtherers who had shed mens blood against Law as well as the King whom they beheaded and therefore by the same Texts and arguments they used against the King their blood ought to be shed by man and they to be surely put to death without any satisfaction taken for their lives as Traytors Enemies Rebels to and (i) conspirators against the late King whom they absolutely resolved to destroy though they did it by Martial Law Parliament Kingdome and the peoples Majesty and Soveraignity That the pretended House and Army are guilty of all the late crimes in kinde though under a new Name and notion of which they charge the King in their Declaration of the 17. of March 1648. that some of them more legally deserve death then ever the King did and considering their many Oathes Covenants Promises Declarations and Remonstrances to the contrary with the highest promises and pretences of good for the people and their declared Liberties that ever were made by men the most perjured pernicious false faith and Trust-breakers and Tyrants that ever lived in the world and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed by how much more under the pretence of friendship and brotherly kindness they have done all the mischiefe they have done in destroying our Lawes and liberties there being no Treason like Judas his Treason who betrayed his Lord and Master with a kisse c. And shall we then submit to their Taxes and new Acts or trust them with our estates lives liberties and the supreme power if such now in their own late adorers eyes Seventhly He there asserts (k) That whosoever st●…ps to their new change of Government and Tyranny and supports it is as absolute a Traytor both by Law and Reason as evèr was in the world If not against the King PRINCE CHARLES heir apparent to his Fathers●… Cro●…n and Throne yet against the peoples Majesty and Sover●… And if this be true as it is That this purg'd Parliament IS NO PARLIAMENT AT ALL then there is neither legal Judges nor Justices of Peace in England And if so then all those that are executed at Tiburn c. by their sentence of condemnation are meerly murthered and the Judges and Justices that condemned them are liaeble in time to be hanged●… and that justly therefore for acting without a just and legal Commission either from TRUE REGAL OR TRUE PARLIAMENTARY POWER except in corporations only where they proceed by ancient Charters in the Ancient Legal form And if this be Law and (l) Gospel as no doubt it is then by the same reason not only all legal proceedings Indictments Judgments Verdicts Writs Tryals Fines Recoveries Recognisances and the like before any of our new created Judges and Justices since the Kings beheading in any Courts at Westminster or in their Circuits Assisses or quarter Sessions held by new Commissions with all Commissions and Proceedings of Sheriffs are not only meerly void illegal coram non 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 Kingdom they neither taking the Oathes of Judges Supremacy or Allegiance as they ought by Law but only to be true and faithful to the new Erected State but likewise all votes and proceedings before the pretended House or any of their Committees or Sub-Committees in the Country with all their Grants and Offi●…es Moneys●… Salaries Sequestrations Sales of Lands or goods Compositions c. meer Nullities and illegal acts and the proceedings of all active Commissioners Assessors Coll●…ctors Treasurers c. and all other Officers imployed to levy and to collect this illegal tax to support that usurped Parliamentary Authority and Army which have beheaded the late King dis-inherited his undoubted●…H●… 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 Kingdom with the Liberty and property of the people of England no less then 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 both 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 prov'd rate for the 3 last months contribution and to fine those who refuse to do it a meer diabolical invention to multiply perjuries to damne mens souls invented by Cardinal Woolsy much enveighed against by Father Latimer in his Sermons condemned by the expresse words of the Petition of Right providing against such Oathes and a s●…are to enthrall the wealchier 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 an Oath in any case whatsoever much l●…sse then to conferre any authority on others to give such illegall Oathes and fine those who refuse them the highest kind of Arbitrary Tyranny 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) 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 wayes active in imposing or administring such Oathes and levying illegall Taxes by distresse or otherwise may and will undoubtedly smart for it at last not only 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 inditements of High Treason to the deserved losse of their Estates Lives and ruine of their families when there wil be no Parliament of purged Commoners nor Army to secure nor lega●… plea to acquit them from the guilt and punishment of Traytors both to their King and Country pretended present sordid fear of loss of Liberty Estate or the like being no (n) excuse in such a case and time as this but an higher aggravation of their crime the (o) FEARFUL being the first in that dismall list of Malefactors who shall have part in the lake which burneth with fire and brimstome 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 a See my
when all or most of the Members were present as the Parliament Rolls Journals Modus te●…ndi Parliamentum Sir Edward Cooks 4 Institu●…s p. 1. 2 26. 35. 36. Cromptons Jurisdiction of Courts f. 1 c. 39. E. 3. 7. Brook Parliament 27. 1. Jac. c. 1. and the many Records I have cited to this purpose in my Levellers levelled my Plea for the 〈◊〉 and Memento p. 10. abundantly prove beyond contradiction●… for which cause the Members ought to be fined and lose their ●…ges if absent without sp●…cial Li●…nce as Modus t●…nexdi Parliamentum 5 R. 2. Par. 2. c. 4. 9. H. 8. c. 16. and A Co●…ection of all Orders c. of the late Parliament pa. 294. 357. with their frequent summoning and fining absent Members evidence Secondly Though fo●…ty Members onely may peradventur●… make an House in cas●… of absolu●…e nece●…y when ●…he r●…st through sicknes publick or private occasions are volu●…rily or negligently absent and might freely repair thither to sit or give their Votes if they pleased yet forty Members nev●…r yet made a Common●… House by custome of Parliament ●…here being never any such case til now when the rest being above ●…our hundred were forcibly secluded or driven thence by an army through the practice or connivance of those forty sitting o●… purpose that they should not over nor counte●…-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 l●…w custom or President of Parliament not to be found in any age all they pretend is nothing to purpo●…e or the present case Thirdly Neither forty Members nor a whole House of Commons were ever enough in any age by the Custome of Parliament or Law of England or impose a Tax or make any Act of Parliament without the King and Lords as I have n already proved much l●…sse after they ceased to be Members by the Parliaments dissolution through the Kings beheading Neither w●…re they ever invested with any legall power to seclude or exp●…l any of their felow Members especially if duly elected for any Vote wherein the Majority of the House concurred with them or differing in their consciences and judgements from them nor for any other cause without the Kings and Lords concurrence in whom the ordinary judiciall power of the Parliament resides as I have undeniably proved by presidents and reasons in my Plea for the Lords p. 47. to 53. and Ardua Regni which is further evident by Claus. Dors. 7. R. 2. M. 32. Mr. Seldens Titles of Honor p. 737. Banneret Camoys Case discharged from being knight of the Shire by the Kings Writ and judgment alone without the Commons vote because a Peer of the Realm the practice of s●…questring and expelling Commons by their fellow-Commons only being a late dangerous unparliamentary usurpation unknown to our Ancestors destructive to the priviledges and freedom of Parliaments and injurious to those Counties Cities Boroughs whose Trustees are secluded the House of Commons it self being no Court of Justice to give either an Oath or finall Sentence and having no more Authority to dismember their fellow-Members then any Judges Justices of peace or Committees have to disjudg disjustice or discommittee their fellow Judges Justices or Committee-men being all of equall authority and made Members only by the Kings Writ and peoples Election not by the Houses or o●…her Members Votes who yet now presume both to make and unmake seclude and recal expel and restore their fellow-Members at their pleasure contrary to the practice and resolution of former ages to patch up a factious Conventicle instead of an English Parliament Therefore this Objection no waye●… invalids this first Reason why I neither can nor dare submit to this illegal Tax in conscience law or prudence which engage me to oppose it in all these Respects If any object That true it is the parliament by the common Law and Custome of the Realm determines by the Kings death but by the Statute of 17 Caroli which enacts That this present Parliament now assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose continues this Parliament still in being notwithstanding the Kings beheading since no Act of Parliament is passed for its Dissolution The only pretext for to support the continuance of the Parliament since the Kings violent death To this I answer That it is a Maxime in Law That every Statute ought to be expounded according to the intent of those that made it and the mischiefs it intended onely to prevent as is resolved in 4. Edw. 4. 12. 12. Edw. 4. 18. 1. H. 7 12 13. Plowd Com fol. 369. and Cooks 4. Instit. p. 329 330. Now the intent of the Makers of this Act and the end of enacting it was not to prevent the dissolution of this Parliament by the Kings death no ways intimated or insinuated in any clause thereof being a cleer unavoydable dissolution of it to all intents not provided for by this Law but by any Writ or proclamation of the King by his Regal power without consent of both Houses which I shall manifest by these ensuing reasons First From the principal occasion of making this Act. The King as the COMMONS in their * Rem●…nstrance of the state of the Kingdom 15 Decemb. 1642 complain had dissolved all former Parliaments during his Reign without and against both Houses approbation to their great discontent and the Kingdoms prejudice as his Father King James had dissolved others in his Reign and during their continuance adjourned and prorogued them at their pleasure Now the fear of preventing of the like dissolution prorogation or adjournment of this Parliament after the Scotish Armies disbanding before the things mentioned in the Preamble were effected by the Kings absolute power was the only ground occasion of this Law not any fear or thoughts of its dissolution by the King untimely death then not so much as imagined being before the Warrs or Irish Rebellion brake forth the King very healthy not ancient and likely then to survive this Parliament and many others in both Houses judgment as appears by the Bill for trienniall Parliaments This undeniable Truth is expresly declared by the Commons themselves in their foresaid Romonstrance Exact Collection p. 5. 6. 14. 17. compared together where in direct terms they affirm The ABBRUPT DISSOLUTION OF THIS PARLIAMENT is prevented by another Bil by which it is provided it shall not be dissolved or adjourned without the consent of both Houses In the Bill for continuance of this present Parliament there seems TO BE SOME RESTRAINT OF THE ROYAL POWER IN D SSOLVING OF PARLIAMENTS NOT TO TAKE IT OUT OF THE CROWN BUT TO SUSPEND THE EXECUTION OF IT FOR THIS TIME and OCCASION ONLY which was so necessary for THE KINGS OWN SECURITY and the publick Peace that without it we could not have undertaken any of these great charges but must
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
by my voluntary payment of it of purpose to maintain an Army to justifie and make good all this by the meer power of the Sword which they can no waye●… justifie and defend by the Lawes of God or the Realm before any Tribunall of God or Men when legally arraigned as they shal one day be Neither of which I can or dare acknowledg wi●…hout incurring the guilt of most detestable Perjury and highest Treason against King Kingdom Parliament Laws and Liberties of the people and therfore cannot yeeld to this Assessment Thirdly the principal ends and uses proposed in the pretended Act and Warrants thereupon for payment of this Tax are strong obligations to me in point of Conscience Law Prudence to withstand it which I shall particularly discuss The ●…irst is the maintenance and contiuuance of the present Army and Forces in England under the Lord Fairfax To which I say First as I shall with all readiness gratitude and due respect acknowledg their former Gallantry good and faithfull Services to the Parliament and Kingdom whiles they continued dutifull and constant to their first Engagements and the ends for which they were raised by both Houses as far forth as any man so in regard of their late monstrous defections and dangerous Apostacies from their primitive obedience faithfulness and engagements in disobeying the Commands and levying open war against both Houses of Parliament keeping an horrid force upon them at their very doors seising imprisoning secluding abusing and forcing away their Members printing and publishing many high and treasonable Declarations against the Institution Priviledges Members and Proceedings of the late and Being of all future 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 Regall Parliamentall Magistraticall and Ecclesiasticall power of the Kingdom to their Generall-Councell of Officers of the Army as the supreme swaying Authority of the Kingdom and a●…empting to alter and subvert the ancient Government Parliaments Laws and Customs of our Realm 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 got ten all we have from us by Taxes and Free-quarter and we have nothing left to pay them then themselves will sei●…e ●…pon 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 i●… we beleeve 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 less 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 priviledges of Parliament and liberty of the Subject pulled me forcibly from the Commons House and kept me prisoner about two months space under their Martiall to my great expence and prejudice 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 unparallell'd injustice or acknowledging their offence and yet detain some of my then fellow-Members under custodie by the meer power of the Sword without bringing them to Triall would be not only absurd unreasonable and a tacit justification of this their horrid violence and breach of priviledg but monstrous unnaturall 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 as is clear by the Stat. of 25 E. 1. c. 6. 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 Kingdom is generally exhausted with the late 7 years Wars Plunders and heavy Taxes there being more moneyes levied on it by both sides during these eight last yeares then 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 cattell 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. This heavie Contribution to support the Army destroies all Trade by fore-stalling and engrossing most of the Monies of the Kingdom the sinews and life of Trade wasting the provisions of the Kingdom and enhancing their prices keeping many thousands of able men and horses idle only to consume other labouring mens provisions estates and the publick Treasure of the Kingdom when as their employment in their Trades and callings might much advance trading and enrich the Kingdom 4. There is now no visible Enemy in the field or Garrisons and the sitting 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 eat up the Country with Taxes and Free-quarter only to play drink whore steale rob murther quarrell fight with impeach and shoot one another to death as Traitors Rebels and Enemies to the Kingdom and Peoples Liberties as now the Levellers and Cromwellists doe 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 Garisons 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
Gentlemen and best Patriots of their Country opposed Loans Ship-money Tonnage Poundage Knighthood and the late illegall Impositions of the King and his Councell in the very beginnings of them and thought themselves bound in Conscience Law Prudence so to do though there were some colourable reasons and precedents of former times pretended to countenance them And if these Worthies conceived themselves thus obliged to oppose those illegall Impositions of the King and his Councel though countenanced by some Judges opinions as legall to their immortal honour and high esteem both in Country and Parliament who applauded them as the (*) principal maintainers of their Countries Liberties then much more ought I and all other tenderers of their own and Countries Freedom to oppose this illegal dangerous Contribution imposed on us by a few fellow-Subjects only without yea against all Law or President to countenance it being of greater consequence and worser example to the Kingdom then all or any of the Kings illegal projects or Taxes Seventhly the excessivenesse of this Tax much raised and encreased when we are so exhausted and were promised and expected ease from Taxes both by the Army in their Remonstrance November 20. 1648. and by the (*) Imposers of it●… amounting to a sixt part if not a moyety of most mens estates is a deep Engagement for me to oppose it since Taxes as well as (s) Fines and Amerciaments ought to be reasonable so as men may support themselves and their Families and not be undone as many wil be by this if forced to pay it by Distresse or Imprisonment Upon this ground in the Parliament Records of 1 and 4 Ed. the Third we find divers freed from payment of Tenths and other Taxes lawfully imposed by Parliament because the People were impoverished and undone by the Warres who ought to pay them And in the printed Statutes of 31 Henr. 6. c. 8. 1 Mariae c. 17. to omit others we find Subsid●…es mitigated and released by subsequent Acts of Parliament though granted by precedent by reason of the peoples poverty any inability to pay them Yea somtimes we read of something granted them by the King by way of aid to help pay their Subsidies as in 25. Edward 3. Rastal Tax 9. and 36. Ed. 3. c. 14. And for a direct president in point When (t) Peter Rubie the Pope's Legat in the yeer 1240. exacted an excessive unusual Tax from the English Clergie the whole Clergy of Berk-sbire and others did all and every of them unanimously withstand it tendring him divers Reasons in writing of their refusal pertinent to our time and present Tax whereof this was one That the Revenues of their Churches scarce sufficed to find them daily food both in regard of their smalness and of the present dearth of Corns and because there were such multitudes of poore people to relieve some of which dyed of Famin so as they had not enough to suffice themselves and the poore Whereupon THEY OUGHT NOT TO BE COM●…ELLED TO ANY SUCH CONTRIBUTION which many of our Clergie may now likewise plead most truly whose Livings are small and their Tithes detained and divers people of all ranks and callings who must sell their stocks beds and all their houshold-stuffe or rot in prison if forced to pay it Eighthly the principal inducement to bring on the paiment of this Tax is a promise of taking off the all-devouring and undoing Grievance of Free-quarter which hath ruined many Countreys and Families and yet they must pay this heavy Tax to be eased of it for the future instead of being paid and allowed for what is already past according to (u) former engagements Against which I have these just exceptions 1. That the taking of Free-quarter by Soldiers in mens Houses is a grievance against the very Common-Law it self which defines every mans House to be his Castle and Sanctuary into which none ought forcibly to enter against his will and which with his goods therein he may lawfully (x) fortifie and defend against all intruders whatsoever and kill them without any danger of Law Against all the Statutes concerning (y) Purveyers which prohibit the taking of any mens goods or provisions against their wills or payment for them under pain of Felony though by Commission under the great Seal of England Against the expresse Letter and Provision of the Petition of RIGHT 3. Caroli Condemned by the Commons House in their (z) Declaration of the State of the Kingdom of the 15. December 1641. and charged as an Article against King Richard the second when deposed in the Parliament of 1 H. 4. nu 22. Yea it is such a Grievance as exposeth the houses goods provisions moneys servants children wives lives and all other earthly comforts we enjoy to the lusts and pleasure of every domineering Officer and unruly common Souldier Therefore absolutely to be abolished without any compensation And to impose an unjust heavy Tax and induce people to pay it upon hopes of freeing them from Free-quarter 16 but to impose one grievance upon pretext to remove another 2. There have been many promises Declarations and Orders of both Houses and the Generall for taking off Free quarter heretofore upon the peoples paying in their Contributions before land now and then none should Free quarter on them under pain of death Yet no sooner have they pay'd in their Contribution but they have been freequartered on as much or more then formerly the Souldiers when we tell them of any Orders against Free-quarter slighting them as so many wast papers and carrying themselves more unruly And when complaint thereof hath been made to the Officers Members or the Committee for the Army or in the House answer hath still been made That as long as there is an Army on foot there will be freequarter taken and there can be no prevention of it there being a nec●…y of it and when any have craved allowance of it they have ●…ound so many put-offs and delayes and such difficulties in obtaining it that their expences have equalled their allowance and after allowances made the moneys allowed have been called for again So as few have had any allowance for quarters and most have given over suing for them being put to play an after-game to sue for them after all their contributions first paid and not permitted to deduct them out of their Contributions as in Justice and reason they ought which they are still enforced to pay without deduction This pretext therefore of taking a way Free-quarter is but a shoo-horn to draw on the payment of this Tax and a fair pretext to delude the People as they finde by sad experience every-where and in the County and Hundred where I reside For not to look back to the last yeers free-quarter taken on us though we duly paid our Contributions In April and May last past since this very Tax imposed for taking away Free-quarter Colonel Harrisons Troopers under the command of Captain
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 I trust God and men will in due season do me justice upon them and award me recompence for all their injuries in this kinde or any sufferings for my Countries Liberties How ever fall back fall edge I would ten thousand times rather lo●…e 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 rather die a Martyr for our Ancient Kingdom then live a Slave under any new Republick or remnant o●… a broken dismembred strange Parliament of Commons without King Lords or the major part of the Knights Citizens and Burgesses of the Realme in being subject to their illegal Taxes and what they call Acts of Parliament which in reality are no Acts at all to binde me or any other subject to obedience or just punishment for Non obedience thereunto or Non-conformity to what they stile the present Government of the Armies modeling and I fear the Jesuites suggesting to effect our Kingdoms and Religions ruine WILLIAM PRYNNE SWAINSWICK June 16 1649. PSAL. 26. 4 5. I have not sate with vain persons neither will I go in with Dissemblers I have hated the Congregation of evill doers and will not sit with the wicked FINIS A POSTCSRIPT SInce the drawing up of the precedent Reasons I have met with a printed Pamphlet intituled An Epistle written the 8th day of June by Lieutenant Colonel John Lilburn to Master William Lenthal Speaker to the remainder of those few Knights Citizens and Burg●…es that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster as most fit for his and his Masters designes to serve their ambitious and tyrannicall ends to destroy the good old Laws Liberties and Customs of England the badges of our Freedom as the Declaration against the King of the 7th of March 1648. p. 23. calls them and by force of Arms to rob the people of their lives estates and properties and subject them to perfect vassallage and slavery c. who and in truth no otherwise pretendedly stile themselves The Conservators of the Peace of England or the Parliament of England intrusted and authorized by the consent of all the people thereof whose Representatives by Election in their Declaration last mentioned p. 27. they say they are although they are never able to produce one bit of Law or any piece of a Commission to prove that all the people of England or one quarter tenth hundred or thousand part of them authorized Thomas Pride with his Regiment of Souldiers to chuse them a Parliament as indeed it hath de facto done by this PRETENDED MOCK-PARLIAMENT And therefore it cannot properly be called the Nations or Peoples Parliament but Col. Prides and his Associates whose really it is who although they have beheaded the King for a Tyrant yet walk in his oppressingest steps if not worse and higher In this Epistle this late great champi●…n of the House of Commons and fitting ●…cto's Supremacy both before and since the Kings beheading who with his Brother a Overton and their Confederates first cryed them up as and gave them the Title of The Supreme Authority of the Nation The onely Supreme Judicatory of the Land The onely formall and legall Supreme power of the Parliament of England in whom alone the power of binding the whole Nation by making altering or abrogating Laws without either King or Lords resides c. and first engaged them by their Pamphlets and Petitions against the King Lords and Personall Treaty as he and they print and boast in b this Epistle and other late Papers doth in his own and his Parties behalf who of late so much adored them as the onely earthly Deities and Saviours of the Nation now positively assert and prove First That c Commissary General Ireton Colonel Harrison with other Members of the House and the General Councel of Officers of the Army did in several Meetings and Debates at Windsor immediatly before their late march to London to purge the House and after at White-hall commonly stile themselves the pretended Parliament even before the Kings beheading a MOCK PARLIAMENT a MOCK POWER a PRETENDED PARLIAMENT NO PARLIAMENT AT ALL And that they were absolutely resolved and determined TO PULL UP THIS THEIR OWN PARLIAMENT BY THE ROOTS and not so much as to leave a shadow of it yea and had done it if we say they and some of our then FRIENDS in the House had not been the Principal Instruments to hinder them We judging it then of two evils the least to chuse rather to be governed by THE SHADOW OF a PARLIAMENT till we could get a reall and a true one which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect then simply solely and onely by the will of Sword-men whom we had already found to be men of no very tender consciences If then these leading swaying members of the new pretended purged Commons Parliament and Army deemed the Parliament even before the Kings beheading a Mock-parliament a mock-power a pretended Parliament yea no parliament at all and absolutely resolved to pull it up by the roots as such then it necessarily follows First That they are much more so after the Kings death and their suppression of the Lords House and purging of the Commons House to the very dregs in the opinions and consciences of those now sitting and all other rationall men And no wayes enabled by Law to impose this or any other new Tax or Act upon the Kingdom creating new Treasons and●…Penalties Secondly that these grand saints of the Army and Stearsmen of the Pretended Parliament knowingly sit vote and act there against their own judgements and consciences for their own private pernicious ends Thirdly that it is a baseness cowardize and degeneracy beyond all expression for any of their fellow-members now acting to suffer these Grandees in their Assembly Army to sit or vote together with them or to enjoy any Office or command in the Army or to impose any tax upon the People to maintain such Officers Members Souldiers who have thus
villified affronted their pretended Parliamentary Authority and thereby induced others to contemn and question it and as great a baseness in others for to pay it upon any terms Secondly he there affirms that (d) Oliver Crumwel by the help of the Army at their first Rebellion against the Parliament was no sooner up but like a perfidious base unworthy man c. the House of Peers were his only white boys and who but Oliver who before to me had called them in effect both Tyrants and Usurpers became their Proctor where ever he came yea and set his son Ireton at work for them also insomuch that at some meetings with some of my friends at the Lord Wh●…rtons lodgings he clapt his hand upon his breast and to this purpose professed in the sight of God upon his conscience THAT THE LORDS HAD AS TRUE A RIGHT TO THEIR LEGISLATIVE JURISDICTIVE POWER OVER THE COMMONS AS HE HAD TO THE COAT UPON HIS BACK and he would procure a friend viz. Master Nathaniel Fiennes should argue and plead their just right with any friend I had in England And not only so but did he not get the General and Councel of War at Winsor about the time that the Votes of no more addresses were to pass to make a Declaration to the whole world declaring THE LEGAL RIGHT OF THE LORDS HOUSE THEIR FIXED RESOLUTION TO MAINTAIN UPHOLD IT which was sent by the General to the Lords by Sir Hardresse Waller and to inde●…r himself the more unto the Lords in whose house without all doubt he intended to have sate himself he requited me evil for good and became my enemy to keep me in Prison out of which I must not stirre unless I would stoop and acknowledge the Lords jurisdiction over Commoners and for that end he sets his agents and instruments at work to get me to do●… it yet now they have suppressed them Whence it is most apparent 1. That the General Lieutenant Generall Cromwel Ireton Harrison and other Officers of the Army now sitting as Members and over-ruling all the rest have wittingly acted against their own knowledges Declarations Judgments Consciences in suppressing the Lords Hou●…e and depriving them of ther Legislative and Jurisdictive Right and power by presuming to make Acts passe sentences and impose Taxes without them or their assents in Parliament 2. That this Tax enforced upon the Commons and Kingdom for their own particular advantage pay and enrichment is in their own judgment and conscience both unjust and directly contrary to the Laws of the Realm being not assented to by the Lords and therefore to be unanimously and strenuously opposed by all who love their own or Countries Liberties or have any Nobility or Generosity in them Thirdly he (e) there asserts in positive terms in his own behalf and his confederates That the purged Parliament now sitting is but a pretended Parliament a mock-Parliament yea and in plaine English NO PARLIAMENT AT ALL but the shadow of a Parliament That those Company of men at Westminster that gave Commission to the High Court of Justice to try and behead the King c. were no more a Parliament by Law or Representatives of the People by the rules of Justice and Reason then such a company of men are a Parliament or Representative of the People that a company of armed Theeves choose and set apart to try judge condemne hang or behead any man that they please or can prevaile over by the power of their Swords to bring before them by force of arms to have their lives taken away by pretence of JUSTICE grounded upon rules meerly flowing from their Wills and Swords That no Law in England authoriseth a company of servants to punish and correct their Masters or to give a Law unto them or to throw them at their pleasure out of their power and set themselves downe in it which is the Armies case with the Parliament especially at Thomas Pride's late purge which was an absolute dissolution of the very Essence and being of the House of Commons to set up indeed a MOCK-POWER and a MOCK-PARLIAMENT by purging out all those that they were any way jealous of would not Vote as they would have them and suffering and permitting none to sit but for the Major part of them a company of absolute School-boys that will like good Boys say their Lessons after them their Lords and Masters and vote what they would have them and so be a skreen betwixt them and the people with the name of Parliament and the shadow and imperfect image of Legal and Just Authority to pick their pockets for them by Assessments 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 vassals 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 the secluded Members Presbyterians Royallists 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 futher avers (f) 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 wherefore the Members of the Commons house were chosen and sent thither was To treat and conferr with King Charles and the House of Peers about the great affairs of the Nation c. And therefore are but a third part or third estate of that Parliament to which they were to come and ●…yn 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
it 's limited time in all its splendor of glory without the awe of armed m●…n 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 void of reason as to call Tho. Prides pittifull Junto A PARLIAMENT especially those that call●… 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 t●…mult of a company of a few disorderly Apprentices And being no representative of the People much lesse 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 Lawes 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 Cromwell and Ireton Now if their own late confederates and creatures argue thus ●…n print against their continuing a Parliament Jurisdiction Proceedings Taxes and arbitrary pleasures should not all others much more doe it and oppose them to the utmost upon the 〈◊〉 same ends Fifthly He there likewise affirmes (g) that those now fitting at Westminster have perverted the ends of their trusts then ●…ver Strafford did 1. In not easing the people of bu●…encreasing their greivances 2 In exhausting their Estates to maintain and promote pernicious Designes to the peoples destruction The King did it by a little Ship-mony Monopolies but since they began they have raised and exto●…ted more mony from the People and Nation then half the Kings since the Conquest ever did as particularly 1. By Excise 2 Contributions 3 Sequestrations of lands to an infinite value 4. Fift part 5 Twentyeth parts 6 Meal-mony 7 Sale of plundered goods 8 Loanes 9 Benevolencies 10. Collections upon their fast days 11 New impositions or customs upon Merchandize 12 Guards maintained upon the charge of private men 13 Fi●…ty 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 King Queen Prince Duke 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 month and when they have gathered it pretendingly for the Common-wealths use divide it by thousands and tenn thousands a peece amongst themselves and wipe their mouthes 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 profitabl●…st Places of the Kingdom among themselves Therefore when I seriously consider how many men in Parliament and elsewhere of their Associates that ●…udge 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 only of the people of the world as they call them but also of the precious redeemed lambs of Christ are ready to starve for want of bread I cannot but wonder with my self whether they have any conscience at all within them or no and what they think of that saying of the spirit of God That whoso hath this worlds goods and seeth his brother hath need and shutteth up his bowels of compassion from 〈◊〉 which he absolutely doth that any way takes a little of his little from him how dwelleth the love of God in him 1 Iohn 3. 17. These actions and practices are so far from being like the true and reall children of the most High that they are the highest oppression theft and murther in the wo●…ld to rob the poor in the day of their great distresse by Excise Taxations c. to maintain their pomp superfluities and deb●…ry when many of those from whom they take it do perish and starve with want hunger in the mean time and be deaf and Adamant-hearted to all their TEARES CRYES LAMENTATIONS MOURNFUL HOWLINGS GROANES Without all doubt these pretended Godly Religious men have got a degree beyond those Atheists o●…Fools that say in their hearts there is no God Psal. 14. 1. and 53. 1. 3. In quite destroying the peoples essentiall Liberties Laws and Freedoms in leaving them no Law at all as M. Peters their grand Teacher aver●…ed lately to my face we had none but their meer will and pleasures saving Fellons Laws or Martiall Law where new Butchers are both Informers Parties jury men and judges who have had their hands imbrewed in blood for above seven these years together having served an apprentiship to killing of men for nothing but money and so are more bloo●… then Butchers that kill sheep and calves for their own livelihood who yet by the Law of England are not permitted to be of any jury for life and death because they are conversant in sheddidg of blood of beasts and thereby through a habit of it may not be so tender of the blood of men as the Law of England Reason and justice would ha●…e them to be Yea do not these men by their swords being but servants give what Laws they please to their Masters the pretended Law-makers of your House now constituted by as good and legall a power as he that robs and kills a man upon the highway And if this be the verdict of their own Complices Partiza●…s concerning them their proceedings especially touching their exhausting our Estates by Taxes and sharing them among themselves in the time of famine and penury is the great Officers of the Army and Treasurers who are Members now doe who both impose what Taxes they please and dispose of them to themselves and their creatures as they please contrary to the practice of all former ages and the rules of rea●…on and justice too are not all others bound by all bonds of conscience Law Prudence to withstand their impositions and Edicts unto death rather then yeild the least submission to them Sixthly He there avers proves and offers legally to make good before any indifferent Tribunal that the (h) Grandees and over-ruling Members of the House and Army are not only a pack of dissembling Jugling Knaves and Machevillians amongst whom in consultation hereafter he would ever scorn to come for that there was neither