or Voting with them contrary to the Freedom and priviledges of Parliament readmitting none but upon their own terms An usurpation not to be paraleld in any age destructive to the very being of Parliaments (i) Where all Members ex debito Justiciae should with equal Freedom meet and speak their minds injurious to all those Counties Cities Boroughs whose Knights Citizens and Burgesses are secluded and to the whole Kingdom yea contrary to all rules of reason justice policy conscience and their own Agreement of the people which inhibit the far lesser part of any Councel Court or Committee to oversway seclude or fore-judg the major number of their Assessors and fellow-members over whom they can no ways pretend the least jurisdiction it being the high-way to usher Tyranny and confusion into all Councels Realms to their utter dissolution since the King alone without Lords and Commons or the Lords alone without King or Commons may by this new device make themselves an absolute Parliament to impose Taxes and enact Laws without the Commons or any other forty or fifty Commoners meeting together without their companions do the like as well as this remnant of the Commons make themselves a compleat Parliament without King Lords or their fellow-Members if they can but now or hereafter raise an Army to back them in it as the Army doth those now sitting 4. Suppose this Tax should binde these Counties Cities and Burroughs whose Knights Citizens and Burgesses sate and consented to it when imposed though I dare swear imposed against the minds and wils of all or most of those they represent who by the (k) Armies new Doctrine may justly question and revoke their authority for this high breach of Trust the rather because the Knights and Burgesses assembled in the first Parliament of 13. E. 3. Rot. Parl. n 8. Did all refuse to grant a great extraordinary Subsidie then demanded of them though not comparable to this for the necessary defence of the Kingdom against foraign 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 setling 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 onely (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 onely those who are parties and consent unto them but not strangers or such who assented not thereto And whiich comes fully to the present case in 7. H. 6. 35. 8. H. 6. 34. Brook 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 Waste and yet ancient Demesne is not excepted and it is enacted 2. Ed. 6. cap 28. That Fines and Proclamation shall be in Chester for that the former Stâ—…tutes did not extend to it And it is 〈◊〉 Thâ—… a Fine and Proclamation shall be in Lancaster 5. 6. Ed. 6. c. 26. And in a Proâ—…lamation upon an exigent is given by the Statute in Chester aâ—…d Wales 1. E. 6. c. 20. And by anotâ—…er Act to Lancaster 5. 6. E. 6. c. 26. And the Statutes 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. Hen. 8. cap. 26. since which they have continued their wages being to be levied by the Statute of 35. H. 8. c. 11. Now if Acts of Parliament bound not Wales and Counties Palatines which had anciently no Knights not 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 heavie 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 Offcers and that Army who traiterously 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 imprisonsd 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 Borough for which I served in the least measure bound by this Act or Tax but cleerly exempted from them and obliged with all our might and power effectually to oppose them If any here object That by the custom of Parliament forty 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 40 were never in any Parliament reputed a compeâ—…ent number to grant Subsidies passe or read Bills or debate or conclude matters of greatest moment which by the constant Rules usage of Parliament were never debated concluded passed but in a free and full House
have left both the Armies to disorder and confusion and the whole Kingdom to blood and rapine In which passages we have a clear resolution of the Commons themselves immediately after the passing of this Act that the scope and intention of it was only to provide against the Kings abrupt dissolution of the Parliament by the meer royall power in suspending the execution of it for this tiâ—…e and occasion only and that for the Kings own security not his Heirs and Successors as well as his peoples peace and safety Therefore not against any dissolutions of it by his natural much lesse his violent death which can no ways be interpreted an Act of his Royall power which they intended hereby not to take out of the Crown but only to suspend the execution of it for this time and occasion and that for his security but a naturall impotency or unnaturall disloyalty which not only suspends the execution of the Kings power for a time but utterly destroies and takes away him and it without hopes of revival for evâ—…r Secondly the very title of this Act An Act to prevent Inconveniences which may happen by the UNTIMELY adjourning proroguing or DISSOLUTION of this present Parliament intimates as much compared with the body of it which provides as wel against the adjourning and proroguing of both or either Houses without an Actof Parliament as against the dissolution of the Parliament without an Act. Now the Parliament cannot possibly be said to be adjourned or prâ—…gued in any way or sence much less untimely by the Kings death which never adjourned or prorogâ—…d any Parliament but only by his Proclamation writ or royal command to the Houses or their Speaker executed during his life as all our Journals ‖ Parliament Rolls and * Law-Books resolve though it may be dissolved by his death as wel as by his Proclamation writ or royal command And therefore this title and act coupling adjourning proroguing and dissolving this Parliament together without consent of both Houses by act of Parliament intended only a dissolution of this Parliament by such Prerogative wayes and meanes by which Parliaments had formerly been untimely adjourned and prorogâ—…ed as well as dissolved by the Kings meer will without their assents not of a dissolution of it by the Kings death which never adjourned nor prorogued any Parliament nor dissolved any formerly sitting Parliament in this Kings reign or his Ancestors since the deathof King Henry the 4th the only Parliament we read of dissolved by death of the King since the conquest and so a mischief not intended nor remedied by Act Thirdly The prologue of the act implies as much Whereas great sums of money must of necessity be SPEEDILY advanced procured for the relief of HIS MAJESTIES ARMY and PEOPLE not his Heirs or Successors in the Northern parts c. And for supply of other HIS MAJESTIES PRESENT and URGENT OCCASIONS not his Heirs or Successors future occasions which cannot be so timely effected as is requisite without credit for raising the said monies which credit cannot be attained until such obstacles be first removed as are occasioned BY FEAR JEALOUSIES and APPREHENSIONS OF DIVERS OF HIS MAJESTIES LOYAL SUBJECTS THAT THE PARLIAMENT MAY BE ADJOURNED PROROGUED OR DISSOLUED not by the Kings sodain or untimely death of which there was then no fear Jealousy or apprehension in any his Majesties Loyal Subjects but by his Royal Prerogative and advice of ill Councellors before justice shall be duly executed upon Delinquents then in being nor sprung up since publique grievances then complained of râ—…dressed a firm peace betwixt the two Nations of England and Scotland concluded and before sufficient provisions be made for the repayment of THE SAID MONEYS not others since so to be raised All which the Commons in this present Parliament assembled having duely considered do therefore humbly beseech your Majesty â—…at it may be declared and enacted c. â—…ll which expressions relateâ—… onely TO HIS late Majesty only not his Heirs and Successours and the principal scope of this 〈◊〉 to gain present credit to raise moneys to disband the Scotish and English Armies then lying upon the Kingdom being many yeers since accomplished yea and justice being since executed upon Strafford Canterbury and other Delinquents then complained of the publick Grievances then complained of as Star-chamber High-Commission Ship-money Tonnage and poundage Fines for Knighthood Bishops votes in Parliament with their Courts and Jurisdictions and the like redressed by acts soon after passed and a firm peace between both Nations concluded before the Wars began and this preamble's pretentions for this act fully satisfied divers years before the King's beheading it must of necessity be granted that this Statute never intended to continue this Parliament on foot after the Kings decease especially after the ends for which it was made were accomplished And so it must necessarily be dissolved by his Death Fourthly This is most clear by the body of the act it self And be it declared and enacted By THE KING OUR SOVERAIGN LORD with the assent of the LORDS Commons in this PRESENT PARLIAMENT ASSEMBLED by the authority of the same That THIS PRESENT PARLIAMENT Now ASSEMBLED shall not be DISSOLVED unlesse it be by ACT OF PARLIAMENT TO BE PASSED FOR THAT PURPOSE nor shall any time or times DURING THE CONTINUANCE THERE OF BE PROROGUED OR ADJOURNED unlesse it be By ACT OF PARLIAMENT to be likewise PASSED FOR THAT PURPOSE And that THE HOUSE of PEERS shall not at any time or times DURING THIS PRESENT PARLIAMENT BE ADJOURNED unlesse it be By THEMSELVES or BY THEIR OWN ORDER And in like manner that THE HOUSE OF COMMONS shall not at any time or times DURING THIS PRESENT PARLIAMENT be adjourned unless it be BY THEMSELVES or BY THEIR OWN ORDER Whence it is undeniable 1. that this act was only for the prevention of the untimely dissolving Proroguing and adjourning of that present Parliame nt then assembled and no other 2. That the King himself was the Principal Member of his Parliament yea our Soveraign Lord and the sole declarer and enacter of this Law by the Lords and Commons assent 3. That neither this Act for continuing nor any other for dissolving adjourning or proroguing this Parliament could be made without but only by and with the Kings Royal assent thereto which the Lords and Commons assembled in Parliament in their * Remonstrance of the 26. of May 1642 oft in terminâ—… acknowledge together with his Negative voice to bils 4. That it was neither the Kings intention in passing this act to shut himself out of Parliament or create Members of a Parliament without a King as he professed in his {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} c. 5. p. 27. Nor the Lords nor Commons intendment to dismember him from his Parliament or make themselves a Parliament without him as their foresaid Remonstrance testifies and the words of the act import Neither was it the
destroy and subvert both Lawes Liberties and Properties at last And not any thing like them to introduce Anarchy Democracy Parity Tyranny in the Highest degree and new formes of arbitrary Government and leave neither King nor Gentleman all which the people should too late discover to their costs and that they had obtained nothing by adhering to and compliance with them but to enslave and undoe themselves and to be last destroyed Which royal Predictions many complaine we finde too truely verified by those who now bear rule under the Name and visour of the Parliament of England since its dissolution by the Kings decapitation and the Armies imprisoning and seclusion of the Members who above all others are obliged to disprove them by their answers as wel as declarations to the people who regard not words but reall performances from these new keepers of their Liberties especially in this FIRST YEAR OF ENGLANDS FREEDOM engraven on all their publick Seals which else will but seal their Selfdamnation and proclaim them the Archest Impostors under Heaven Secondly should I voluntarily submit to pay this Tax and that by vertue of an Act of Parliament made by those now sitting some of whose Elections have been voted void others of them elected by * new illegall Writs under a new kind of Seal without the Kings Authority stile or Seal and that since the Kings beheading as the Earl of Pembroke and Lord Edward Howard uncapable of being Knights or Burgesses by the Common Law and custome of Parliament being Peers of the Realm if now worthy such a Title as was adjudged long since in the Lord Camoyes case Claus. Dors. 7. R. 2. m. 32. and asserted by Master Selden in his Titles of Honor part 2. c. 5. p. 737. seconded by Sir Edward Cook in his 4 Institut p. 1 4 5 46 47 49. As I should admit these to be lawfull Members and these unlawfull void Writs to be good in Law so I should thereby tacitly admit ex post facto assent to some particulars against my knowledg judgment conscience Oaths of Supremacy Allegiance Protestation and solemn League and Covenant taken in the presence of God himself with a sincere heâ—…rt and reall intention to perform the same and 〈◊〉 therein al the days of my life without suffering my self directly or indirectly by whatsoever combination perswasion or terror to be withdrawn therefrom As first That there may be and now is a lawfull Parliament of England actually in being and legally continuing after the Kings death consisting only of a few late Members of the Commons House without either King Lords or most of their fellow-Commons which the very Consciences and judgments of all now sitting that know anything of Parliaments and the whole Kingdom if they durst speak their knowledg know beleeve to be false yea against their Oaths and Covenant Secondly That this Parliament so unduly constituted and packed by power of an Army combining with them hath a just and lawful Authority to violate the Priviledges Rights Freedomes Customs and alter the constitution of our Parliaments themselves imprison seclude expel most of their fellow-members for voting according to their consciences to repeal what Votes Ordinances and Acts of Parliament they please ereâ—…t new Arbitrury Courts of war and Justice 〈◊〉 aâ—…aign condemn execute the King himself with the Peers Commons of this Realm by a new kind of Martial law contrary to Magna Charta the Petition of Right and Law of the Land dis-inherit the Kings posteâ—…ty of the crown extirpat Monarchy the whole house of Peers change and subvert the ancient Government Seals Lawâ—… Writs legal proceedings Courts and coin of the Kingdom â—…ell and dispose of all the Lands Revenues Jewels goods of the Crowne with the Lands of Deans and Chapters as they think meet absolve themselves like so many antichristian Popes with all the Subjects of England and Ireland from all the Oaths and engagements they have made TO THE KINGS MAJESTY HIS HEIRS AND SUCCESSORS yea from their very Oath of Allegiance notwithstanding this express clause in it which I deâ—…ire may be â—…riously and conscienciously considered by all who have sworne it I do â—…eleeve and in Conscienâ—… am râ—…olved that neither the Pope NORANY PERSON WHATSOEVER HATH POWER TO ABSOLVE ME OF THIS OATH OR ANY PART THEREOF which I acknowledge by good and â—…ull Authority to be lawfully ministred unto me and DO RENOUNCE ALL PARDONS AND DISPENSATIONS TO THE CONTRARY dispense with our Protestations Solemn League and Covenant so lately * zealously uâ—…ged and injoyned by both Houses on Members Officers Ministers and all sorts of Pâ—…ople throughout the Realm dispose of all the Forts Ships Forces Offices and Places of Honour Power Trust or profit within the Kingdom to whom they please to displace and remove whom they will from their Offices Trusts Pensions Callings at their pleasures without any legall cause or tryall to make what new Acts Lawes and reverse what old ones they think meet to insnare inthral our Consciences Estates Liberties Lives to create new monstrous Treasons never heard of in the world before and declare râ—…ll treasons against King Kingdome Parliament to be no trâ—…asons and Loyalty Allegiâ—…nce due obedience to our knowne Lawes and consciencious observing of our Oaths and Covenant the breach whereof would render us actuall Traytors and perjurious persons to be no lesse then High Treason for which they may justly imprison dismember disfranchise displace and fine us at their wills as they have done some of late and confiscate our persons livâ—…s to the Gallowes and our estates to their new Exchequer a Tyranny beyond all Tyrannies ever heard of in our Nation repealing Magna Charta c. 29. 5. E. 3. c. 6. 25. Edw. 3. cap. 4. 28. Ed. 3. c. 3. 37. E. c. 18. 42. E. 3. cap. 3. 25. Ed. 3. cap. 2. 11. R. 2. c. 4. 1. H. 4. c. 10. 2. H. 4. Rot. Par. N. 60. 1. E. 6. c. 12. 1 Mar. c. 1. The Petition of Right 3 Caroâ—… and laying all our * Laws Liberties Estates Lives in the very dust after so many bloody and costly years wars to defend them against the Kings invasions rayse and keep up what forces they will by Sea and Land impose what heavy Taxes they please and renew increase multiply and perpetuate them on us as often and as long as they please to support their own encroached more then Regall Parliamentall Super-transcendent Arbitrary power over us and all that is ours or the Kingdoms at our private and the publique charge against our wils judgments consciences to our absolute enslaving and our three Kingdomâ—… râ—…ine by engaging them one against another in new Civill wars and exposing us for a prey to our Forraign Enemies All which with other particulars lately acted and avowed by the Imposers of this Tax by colour of that pretended Parliamentary Authority by which they have imposed it I must necessarily admit acknowledg to be just and legall
the Parliament as Modus tenendi Parliamentum and Sir Edward Cooks 4. Instit. p. 3. resolve which waâ—… summoned and constituted only by his writ now b actually abated by his death and the Parliament as it is evident by the clauses of the severall Writs of Summons to c the Lords and for the election of Knights and Burgesses and levying of their wages being onely PARLIAMENTUM NOSTRUN the Kings Parliament that is dead not his Hâ—…irs and Succâ—…ssors and the Lords and Commons being all summoned and authorized by it to come to HIS PARLIAMENT there to be present and conferre with HIM NOBISCUM not His Heirs and Successors of the weighty urgent affâ—…ires that concerned NOS HIM and HIS KINGDOME of England and the Kâ—…ights and Burgesses receiving their wages for Nuper ad NOS ad PARLIAMENTUM NOSTRUM veniendo c. quod sommoneri FECIMUS ad tractaâ—…dum ibidem super diversis arduis Negotiis NOS Staâ—…um REGNINOSTRI tangentibus as the tenor of the d Writs for their wages determines The King being dead and his Writ and Authority by which they are summoned with the ends for which they were called to confer with HIM about HIâ—… and HIS KINGDOMS affairs c. being thereby absolutely determined without any hopes of revivall the Parliament it self must thereupon absolutely be determined likewise especially to those who have dis-inherited HIS HEIRS and SUCCESSORS and voted down our Monarchy it self and these with all other Members of Parliament cease to be any longer Members of it being made such only by the Kings abated Writ even as all Judges Justices of peace and Sheriffs made only by the Kings Writ or Commission not by Letters Patents cease to be Judges Justices and Sheriffs by the Kings death for this very reason because they are constituted Justiciarios Vicecomites NOSTROS ad Pacem NOSTRAM c. custodiendam and he being dead and his Writs and Commissions expired by his death they can be his Judges Justices and Sheriffs no longer to preserve HIS Peace c. no more then a wife can be her deceased Husbands Wife and bound to his obedience from which she was loosed by his death Rom. 7. 2 3. And his Heirs and Successors they cannot be unlesse he please to make them so by his new Writs or Commissions as all our e Law-books and Judges have frequently resolved upon this very reason which equally exnends to Members of Parliament as to Judges Justices and Sheriffs as is agreed in 4 E. 4. 43 44. and Brooke Office and Officer 25. Therefore this Tax being clearly imposed not in but out of and after the Parliament ended by the Kings decapitation and that by such who were then no lawfull Knights Citizens Burgesses or Members of Parliament but onely private men their Parliamentary Authority expiring with the King it must needs be illegall and contrary to all the fore-cited Statutes as the Convocations and Clergies Tax and Benevolence granted after the Parliament dissolved in the year 1640. was resolved to be by both Houses of Parliament and those adjudged high Delinquents who had any hand in promoting it 2. Admit the late Parliament still in being yet the House of Peers Earls and Barons of the Realm were no ways privie nor consenting to this Tax imposed without yea against their consents in direct afsront of their most ancient undubitable Parliamentary Right and priviledges these Tax-masters having presumed to vote down and null their very House by their new encroached transcendent power as appears by the title and body of this pretended Act entituled by them An Act of THE COMMONS assembled in Parliament Whereas the Houâ—…e of Commons alone though full and free have no more lawfull Authority to impose any Tax upon the people or make any Act of Parliament or binding Law without the Kings or Lords concurrence then the man in the Moon or the Convocation Anno 1640. after the Parliament dissolved as is evident by the eâ—…press words of the fore-cited Acts the Petition of Right it self 〈◊〉 for the Trienniall Parliament and against the proroguing or diâ—…olving this Parliament 17. Caroli with all our printed Statutes (f) Parliament-Rolls and (g) Law-Books they neither having nor challenging the sole Legislative power in any age and being not so much as summoned to nor constituting mâ—…mbers of our (h) ancient Parliaments which coâ—…sisted of the King and Spirituall and Temporall Lords without any Knights Citizens or Burgesses as all our Histories and Records attest till 49 H. 3. at soonest they having not so much as a Speaker or Commons House til after the beginning of King Ed. the third's reign and seldom or never presuming to make or tender any Bills or Acts to the King or Lords but Petitions only for them to redress their grievances and enact new Laws til long after Rich. the seconds time as our Parliament Rols and the printed prologues to the Statutes of 1. 4. 5. 9. 10. 20. 23. 36. 37. and 50. Eâ—… 4. 1 Rich. 2. 1. 2. 4. 5. 7. 9. 11. 13. Hen. 4. 1. 2. 3. 4. 8. 9. Heâ—… 3. 1. 2. 3. 4. 6. 8. 9. 10. 11. 14. 15. 29. 28. 29. 39. Hen. 6. â—… 4. 7. 8. 12. 17. 22 Ed. 4. and 1 Rich. 3. evidence which run all in this form At the Parliament holden c. by THE ADVICE and ASSENT OF THE LORDS SPIRITUALL and TEMPORALL and at THE SPECIALL INSTANCE and REQUEST OF THE COMMONS OF THE REALM BY THEIR PETITIONS put in the said Parliameâ—… as some prologues have it Our Lord the King hath cauâ—…ed to be ordaineâ—… or ordained CERTAIN STATUTES c. where the advising and assenting to Lawes is appropriated to the Lords the ordaining of them to the King and nothing but the requeâ—…ting of and petitioning for them to the Commons both from King and Lords in whom the Legislative power principally if not soseâ—…y resided as is manifest by the printed Prologue to the Statute of Merton 20. Hen. 3. The Statute of Mortemain 7 Ed. 1. 31. Ed. 1. De Asportatis Religiosorum the Statute of Sheriffs 9. E. 2. and of the Templers 17 E. 2. to cite no more Therefore this Tax imposed by the Commons alone without King or Lords must needs be void illegall and no ways obligatory to the subjects 3. Admit the whole House of Commons in a full and free Parliament had power to impose a Tax and make an Act of Parliament for levying it without King or Lords which they never did nor pretended to in any age yet this Act and Tax can be no ways obliging because not made and imposed by a full and free House of Commons but by an empty House packed swayed over-awed by the chief Officers of the Army who have presumed by meer force and armed power against law and without president to seclude the major part of the House at least 8 parts of 10 who by law and custom are the House it self from sitting
when all or most of the Members were present as the Parliament Rolls Journals Modus teâ—…ndi Parliamentum Sir Edward Cooks 4 Instituâ—…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 contradictionâ—… for which cause the Members ought to be fined and lose their â—…ges if absent without spâ—…cial Liâ—…nce as Modus tâ—…nexdi Parliamentum 5 R. 2. Par. 2. c. 4. 9. H. 8. c. 16. and A Coâ—…ection of all Orders c. of the late Parliament pa. 294. 357. with their frequent summoning and fining absent Members evidence Secondly Though foâ—…ty Members onely may peradventurâ—… make an House in casâ—… of absoluâ—…e neceâ—…y when â—…he râ—…st through sicknes publick or private occasions are voluâ—…rily or negligently absent and might freely repair thither to sit or give their Votes if they pleased yet forty Members nevâ—…r yet made a Commonâ—… House by custome of Parliament â—…here being never any such case til now when the rest being above â—…our hundred were forcibly secluded or driven thence by an army through the practice or connivance of those forty sitting oâ—… purpose that they should not over nor counteâ—…-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 lâ—…w custom or President of Parliament not to be found in any age all they pretend is nothing to purpoâ—…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 lâ—…sse after they ceased to be Members by the Parliaments dissolution through the Kings beheading Neither wâ—…re they ever invested with any legall power to seclude or expâ—…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 sâ—…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 oâ—…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 wayeâ—… 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 * Remâ—…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
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 stâ—…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 Fathersâ—… Croâ—…n and Throne yet against the peoples Majesty and Soverâ—… 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 hangedâ—… 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 Offiâ—…es Moneysâ—… Salaries Sequestrations Sales of Lands or goods Compositions c. meer Nullities and illegal acts and the proceedings of all active Commissioners Assessors Collâ—…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 undoubtedâ—…Hâ—… 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 sâ—…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 lâ—…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 legaâ—… 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
humble Remâ—…st 〈◊〉 against Ship-money b See 1 E. 6. cap. 7. Cook 7. Report 30 31. Dyer 165. 4 Ed 4. 43 44. 1 E. 5. 1. Brook Commission 19. 21. c Cromptens Juâ—…isdiction of Courts fol. 1. Cook 4. Instiâ—… p. 9. 10. d 5. Ed. 3. m. 6. part 2. Dors. Claus. Regist. f. 192. 200. e 4 Ed. 4 44. 1 E. 5. 1. Brook Commissions 19. 21. Officer 25. Dyer 165. Cook 7. Report 30 31. 〈◊〉 E. 6. c. 7. Daltons Justice of Peace c. 3 p 13 Lambert p. 71 (f) 14. R. 2. 1. 15. 〈◊〉 H 4. n. 〈◊〉 13 H. 4. n. 〈◊〉 (g) 4. H. 7. 18. b. 7. H 7. 27. 16. 11. H 7. 27. Forâ—… c. 18 f. 20. Dyer 92. Brook Parliament 76. 197. Cooks 4 Instiâ—…es p. 25. (h) Sâ—…e the 〈◊〉 〈◊〉 〈◊〉 and my 〈◊〉 for 〈◊〉 〈◊〉 (i) Cooks 4. Institutes p. 1. (k) Declarat Nov. 28 30. 1648. (l) 39. Ed. 3. 7. â— H. 7. 10. Brook Parl. 26. 40. Cook 4. Instit. p. 1. 25 26. 1 Jac. cap 1. (m) 49. E. 3. 18 19. 21. H. 7. 4. Brook Customs 6. 32. Object Answ. n See my Plea for the Lords and Levellers levelled Answ. * Exact Collect. p. 5. 6. ‖ 6. E. 3. Parl. 2. Rot. Parl 3 6. 5 R. 2. n. 64 65. 11 R 2. n. 14. 1â—… 20. 8 H. 4. n. 2 7 27. H. 6. n. 12 28. H. 6. n 8 9 11 29. H. 6. n. 10 11. 31. H. 6. n. 22. 30 49. * Cooks 4. Institut p. 25 Dyer f 203. * Exact Collect p. 69. 70. 736. 709. 722. * Book Parliament 80. Relation 85. Dyer 85. (1) Is not this the Armies their own late and present practise (2) Alderman Chambers the eminentest of them is yet since this Declaration discharged by you for his loyalty and conscience only (3) And is it not so by you now and transmitted unto the Exchequer to be levyed (4) And do not you now the same yea some of those very good Patrioâ—…s (5) Are not the Generals and Armies Horse and Foot too kept up and continued among us for that very purpose being some of them Germans too (6) Not one quarter so grievous as the present Tax imposed by you for the like purpose (7) And is it not more unnaturall in those now sitting to engage the English Army raised by the Parliament of England and covenanting to detend it from violence against the very Parliament of England and its Members and that successively twice after one another and yet to own and support this Army without righting those Members (8) Was not Pride's and the Armies comming thither to seise and actually seising above Forty and secluding above Two hundred Members with Thousands of armed Horse and Foot a thousand times a greater offence especially after so many Declarations of the Houses against this of the Kings (9) Was not Humphrey Edwards now sitting an unduly elected Member one of them thus armed Hen. Maâ—…tin is accomptable to the State for abvoe 3700 l. which the Committee of accounts in two years time could never bring him to account for and yet hath 3000 l. voted him lately for moneys pretended to be disbursed to whom and for what quere Nota. ‖ Exact Collect p. 5. 6. 7. 14. 342. 49â—… * Exact Collect. p. 28. 29. 214 263. 270. 491 492. 495 496. 497. 660. (‖) Exact Col lect. p. 285. 286. 298. 320. 322. 378. 379. 381. 513. 514. 515. c. 618. 619. 620 623. 647. c. 671. 679. c A Collect. c. p. 100. 102. c. 117. * See Cooks 4 Instit. p. 10. * A collect c. pag. 327 358 359 399 404 416 420 c. 694 751 768 769 798 802 806 c 878 879 889. * See Cooks 3 Inst. p. 2 21 22 23. * Can or will the King himself say more or so much as these if he invade and conquer us bâ—… Fâ—…r raign forces And were it not better for us then to submit to our lawful King then so many thousand perfidious usurping pretended Conquerors of us who of late pretend they were no other but our servants (o) Collect. c. pag. 599. 876. Object 〈◊〉 See their Declaration 17 March 1648. pag. 1. 27. * Ezek. 18. 24. * See Seldens Titles of Honor p. 42. p See A Colâ—… lect. p 94. 95. 99. 698 700. 877. 878. (q) Matt. Paris 517. (r) Ovid de Remed. Amoris (*) Exact Collection p. 5 6. And their own Declarations 17. Mar. 1648. P. 7. c. (*) In their Declarations March 27. 1648. p. 26. (s) Mag. Chart. c. 14. E. 3. c. 6. Cook 2. Instit. p. 26. 27. 169. 170. (t) Matt. Paris p. 516. (u) A Collection c. pag. 771. (x) See Cook 5. Report f. 91 92. Semans Case 7 Rep. Sendels case Lambert f. 179. Daltons Justice of Peace 224. 24 H. 8. c. 5. (y) See Rastal Title Parveyers (z) An exact Collect. p 7. (a) See An Exact collection and a collection of publick Orders c. p. 99. 698. 700. 877. 878. a His Petition and Appeal his Arrow of Defiance See Mr. Edwards Gaâ—…grena 3 pa. pag. 154. f. 204. b Pag. 11 29. c Pag. 34 35. (d) Pag. 26 27 (e) Pag. 34. 39 40. 56 47. (f) Pag. 52. 53. 56. 57. 58. 59. (g) pag. 53 54. 59. 41. (h) Pag. 2. 15. 27. 29. 33. 34. 35 41. 53. 57 58 59 64. 65. 75. (i) See Pag. 91. 32. (k) P. 57. 34. (l) Luk. 19. 14. 27. c. 12. 13. 14 (m) Exod. 21. 5. 6. (n) See 1. H. 4. Rot. Par. n 97. (o) Rev. 21. 8.