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days of my life without suffering my self directly or indirectly by whatsoever combination perswasion or terror to be withdrawn therefrom As first That there may be and now is a lawfull Parliament of England actually in being and legally continuing after the Kings death consisting only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
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 Conquerâ—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 Treâ—…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-inheritâ—…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 conjâ—…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
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 Whâ—…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 indeâ—…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 doâ—… 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 Houâ—…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 â—…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
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
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
most of them again acted presently after the Law made against them which was most palpaâ—… 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 â—…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 thâ—…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 succâ—…eding visible actions in ful pursuâ—…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 dâ—…baunched persons aâ—…med with Swords and Pistols and other Armes and thâ—…y attending at the Doore of the House ready to 〈◊〉 whatsoever their Leader should command them The opprâ—…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 Greâ—…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 thâ—…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
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