ceased to be Members by the Parliaments dissolution through the Kings beheading Neither were they ever invested with any legall power to seclude or expell any of their fellow-Members especially if duly elected for any Vote wherein the Majority of the House concurred with them or differing in their consciences and judgments from them nor for any other cause without the Kings and Lords concurrence in whom the ordinary judicial power of the Parliament resides as I have undenyably 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. 27. and Mr. Seldens Titles of Honour p. 737. Baronet Camoyes Case discharged from being Knight of the Shire by the Kings Writ and Judgment because a Peer of the Realm the practice of sequestring and expelling Commons by their fellow-Commons onely being a late dangerous unparliamentary usurpation unknown to our Ancestors destructive to the priviledges and freedom of Parliaments and injurious to those Counties Cities Burroughs 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 dis-judge dis-justice or dis-committee their fellow Judges Justices and Committee-men being all of equall authority and made Members onely by the Kings Writ and Peoples Election not by the Houses or other Members Votes who yet now presume both to make and unmake seclude and recall expell and restore their fellow-Members at their pleasure contrary to the practice and resolution of former ages to patch up a factious Conventicle in stead of an English Parliament Therefore this Objection no ways invalids this first Reason why I neither can nor dare submit to this illegall Tax in Conscience Law or Prudence which engage me to oppose it in all these respects 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 voyd others of them elected by new illegall Writs under a new kind of Seal 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 Honour part 2. cha. 5. p. 737. Seconded by Sir Edward Cook in his 4. Institutes p. 1.4 5 46 47 49. As I should admit these lawfull Members so I should therby 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 Gyd himselfe with a sincere heart and reall intention to performâ— the same and persevere therein all the dayes of my life without suffering my selfe directly or indirectly by whatsoever Combination perswasion or terrour to be withdrawne 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 any thing of Parliaments and the whole Kingdome if they durst speak their knowledg know and 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 lawfull Authority to violate the Priviledges Rights Freedoms Customes and alter the constitution of our Parliaments themselves imprison seclude expell most of their fellow Members for voting according to their consciences to repeal all Votes Ordinances and Acts of Parliament they please erect new Arbitrary Courts of war and Justice to arraign condemn execute the King himself with the Peers and Commons of this Realm by a new kind of Martiall Law contrary to Magna Charta the Petition of Right and Law of the Land disinherit the Kings Posterity of the Crowne extirpate Monarchy and the whole House of Peers change and subvert the ancient Government Seals Laws Writs Legall proceedings Courts and coyne of the the Kingdome sell 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 desire may be seriously and conscienciously considered by all who have sworne it I do â—eleive and in Conscience am resolved that neither the Pope NOR ANY PERSON WHATSOEVER HATH POWER TO ABSOLVE ME OF THIS OATH OR ANY PART THEREOF which I acknowledge by good and full 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 People throughout the Realme dispose of the Forts Ships Forces Officers and Places of Honour Power Trust or profit within the Kingdom to whom they please to displace and remove whom they please 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 inthrall our Consciences Estates Liberties Lives to create new monstrous Treasons never heard of in the world before and declare reall treasons against King Kingdome Parliament to be no treasons and Loyalty Allegiance due obedience to our knowne Lawes and consciencious observing of our Oaths and Covenant the breach whereof would render us actuall Traytors and pernicious 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 and lives 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. 11. N. 60. 1. E. 6. c. 12.1 m. c. 1. The Petition of Right 3 Caroli 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 force they will by Sea and Land to impose what
as now the Levellers and Cromwellists do for want of other imployments and this for the publick good transcends my understanding 5. When the King had two great Armies in the Field and many Garisons in the Kingdom this whole Army by its primitive Establishment consisted but of twenty two thousand Horse Dragoons and Foot and had an Establishment only of about forty five thousand pounds a month for their pay which both Houses then thought sufficient as is evident by their o Ordinances of Febr. 15. 1644. and April 4. 1646. And when the Army was much increased without their Order sixty thousand pounds a month was thought abundantly sufficient by the Officers and Army themselves to disband and reduce all super-numeraries maintain the Established Army and Garisons and ease the Country of all Free-quarter which Tax hath been constantly paid in all Counties Why then this Tax to the Army should now be raised above the first Establishment when reduced to twenty thousand whereof sundry Regiments are designed for Ireland for which there is thirty thousand pounds a month now exacted besides the sixty for the Army and this for the common good of the Realm is a riddle unto me or rather a Mystery of iniquity for some mens private lucre rather then the publick weal 6. The Militia of every County for which there was so great contest in Parliament with the late King and these persons of livelihood and estates in every Shire or Corporation who have been cordiall to the Parliament and Kingdom heretofore put into a posture of defence under Gentlemen of quality and known integrity would be a far better Guard to secure the Kingdom against forraign Invasions or domestick Insurrections then a mercinary Army of persons and souldiers of no fortunes and that with more generall content and the tenth part of that charge the Kingdom is now at to maintain this Army and prevent all danger of the undoing pest of Free-quarter Therefore there is no necessity to keep up this Army or impose any new Tax for their maintenance or defraying their pretended arrears which I dare averr the Free-quarter they have taken in kinde and levied in money if brought to a just account as it ought will double if not treble most of their Arrears and make them much indebted to the Country And no reason they should have full pay and Free-quarter too and the Country bear the burthen of both without full allowance of all the quarters levied or taken on them against Law out of their pretended arrears And if any of the sitting Tax-makers here object That they dare not trust the Militia of the Cities and Counties of the Realm with their own or the Kingdoms defence Therefore there is a necessity for them to keep the Army to prevent all dangers from abroad and Insurrections at home I answer 1. That upon these pretences these new Lords may intail and enforce an Army and Taxes to support them on the Kingdom till Dooms-day 2. If they be reall Members who make this objection elected by the Counties Cities and Burroughs for which they serve and deriving their Parliamental Authority onely from the people the only new fountain of all Power and Authority as themselves now dogmatize then they are but the Servants and Trustees who are to allow them wages and give them Commission for what they act And if they dare not now trust the people and those persons of quality fidelity and estate who both elected intrusted and impowred them and are the primitive and supreme Power it is high time for their Electors and Masters the people to revoke their authority and trusts and no longer to trust those with their purses liberties safety who dare not now to confide in them and would rather commit the safeguard of the Kingdom to mercinary indigent soudiers then to those Gentlemen Free-holders Citizens Burgesses and persons of Estate who elected them whose Trustees and Attourneys only they professe themselves and who have greatest interest both in them and the Kingdoms weal and those who must pay these Mercinaries if continued 3. The Gentlemen and Free-men of England have very little reason any longer to trust the Army with the Kingdoms Parliaments or their own Liberties Laws and Priviledges safeguard which they have so oft invaded professing now that they did not fight to preserve the Kingdom King Parliament Laws Liberties and Properties of the Subject but to conquer and pull them down and make us conquered slaves in stead of free-men averring that all is theirs by conquest And if so then this Army is not cannot be upheld and maintained for the Kingdoms and peoples common good and safety but their enslaving destruction and the meer support of the usurped Power Authority Offices Wealth and absolute Domination only of those who have exalted themselves for the present above King Parliament Kingdom Laws Liberties and those that did intrust them by the help of this trust-breaking Army who have stained all the glory of their former Noble Victories and Heroick Actions by their late degenerous unworthy practices and are become a reproach to the English Nation in all Christian Kingdoms and Churches The second end of this heavie Tax is the support and maintenance of the Forces in Ireland for which there was onely twenty thousand pounds a month formerly allowed now mounted unto thirty thousand To which I answer in the first place That it is apparent by the printed Statutes of 25. E. 1. c. 6. 1 E. 3. cap. 5.7 18. E. 3. c. 7. 25. E. 3. c. 8. 4. H. 4. cap. 13. Cooks 2 Institutes p. 528. and the Protestations of all the Commons of England in the Parliaments of 1 H. 5. nu 17. and 7. H. 5. n. 9. That no freeman of England ought to be compelled to go in person or to finde Souldiers Arms Conduct-money Wages or pay any Tax for or towards the maintenance of any forreign War in Ireland or any other parts beyond the Sea without their free consents in full Parliament And therefore this Tax to maintain Souldiers and the War in Ireland neither imposed in Parliament much lesse in a full and free one as I have proved must needs be illegall and no ways obligatory to me or any other 2. Most of the ancient Forces in Ireland as the Brittish Army Scots and Inchiqueen's towards whose support the twenty thousand pounds a month was designed have been ever since declared Rebels Traytors Revolters and are not to share in this Contribution and those now pretending for Ireland being members of the present Army and to be paid out of that Establishment there is no ground at all to augment but decrease this former monthly Tax for Ireland over what it was before 3. Many of those now pretending for Ireland have been the greatest obstructers of its relief heretofore and many of those designed for this Service by lot have in words writing and print protested they never intend to go thither and disswade others
ever breathed by how much more under the pretence of friendship and brotherly kindness they have done all the mischeife 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. Seventhly He there asserts k That whosoever stoops to their new change of Government and Tyranny and supports it is as absolute a Traytor both by Law and Reason as ever was in the world If not against the King PRINCE CHARLES heir apparent to his Fathers Crown and Throne yet against the peoples Majesty and Soveraignty 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 Tiburne c. by their Sentence of condemnation are meerly murthered and the Judges and Justices that condemned them are liable in time to be hanged and that justly therefore for acting without a just and legal Commission either from TRVE REGAL OR TRVE PARLIAMENTARY POWER except in corporations only where they proceed by ancient Charters in the antient 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 Trials Fines Recoveries Recognisances and the like before any of our new created Judges and Justices since the Kings be heading in any Courts at Westminster or in their Circuits Assisses or quarter Sessions held by new Commissions with all Commissions and Proceedings of Sheriffs ate 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 neithver taking the Oathes of Judges Supremacy or Allegiance as they ought by Law but only to be true and faithfull 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 Offices Moneys Salaries Sequestrations Sales of Lands or goods Compositions c. meer Nullities and illegal acts and the proceedings of all active Commissioners Assessors Collectors Treasurers c. and all other Officers imployed to leavy and to collect this illegal tax to support that usurped Parliamentary Authority and Army which have beheaded the late King dis-inherited his undoubted Heire 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 inveighed against by Father Latymer in his Sermons condemned by the expresse words of the Petition of Right providing against such Oahes and a snare to enthrall the wealthier 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 less then to conferr any authority on others to give such illegal Oathes and fine those who refuse them the highest kinde 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 ways active in imposing or administring such Oathes and levying illegal Taxes by distress 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 wil be no Committee of Indemnity to protect them from such suits but likewise by inditements of High Treason to the deserved loss of their Estates Lives and ruin of their families when there will be no Parliament of purged Commoners nor Army to secure nor legal plea to acquit them from the guilt and punishment of Traytors both to their King and Country pretended present sordid fears 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 brimstone which is the second death even by Christs own sentence John 18. vers. 38. To this end was I born and for this cause came I into the world that I should bear witnesse unto the truth FINIS Objection 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 enaâ—ts 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 stil 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 Statue ought to be expounded according to the intent of those that made it and the mischiefs it intended only to prevent as is resolved in 4. Ed. 4.12 12. Ed. 4.18 1. Hen. 7.12.13 Plowd Com. f. 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 clear unavoidable 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 *
even as all Judges Justices of peace and Sheriffs made onely 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 losed 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 extends 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 cleerly 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 by the Convocations and Clergies Tax and Benevolence granted after the Parliament dissolved in the yeer 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 stil in being yet the House of Peers Earles and Barons of the Realm were no ways privy nor concentivg to this Tax imposed without yea against their consents in direct affront of their most ancient undubitable Parliamentary Right and Priviledges these Tax-masters having presumed to vote down and nul their very House by their new encroached transcendent power as appears by the title and body of this pretended Act intituled by them An Act of THE COMMONS assembled in Parliament Whereas the House of Commons alone though full and free have no more lawful 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 express words of the forecited Acts the Petition of Right it self Acts for the Trienniall Parliament and against the proroging or dissolving 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 members of our h ancient Parliaments which consisted of the King and Spiritual and Temporal Lords without any Knights Citizens or Burgesses as all our Histories and Records attest til 47 H. 3. at soonest they having not so much as a speaker or Commons House til after the beginning of King Edward the third his reign as never presuming to make or tender any Bils 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 raign as our Parliament Rolls and the printed prologues to the Statutes of 1.4.5.9.10.20.23.36.37 and 50. Ed. 3. 1. Rich. 2.1.2.4.5.7.9.11.13 Hen. 4.1.2.3.4.8.9 Hen. 5.1.2.3.4.6.8.9.10.11.14.15.29.28.29.39 Hen. 6.1.4.7.8.12.17 22. Ed. 4. and 1. Rich. 3. evidence which run all in this form At the Parliament holden c. by THE ADVICE and AS SENT OF THE LORDS SPIRITUAL and TEMPORAL and at THE SPECIAL INSTANCE and REQUEST OF THE COMMONS OF THE REALM BY THEIR PETITIONS put Ãn the said Parliament as some Prologues have it Our Lord the King hath caused to be ordained 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 requesting of and petitioning for them both from King and Lords to the Commons in whom the Legislative power principally if not solely resided as is manifest by the printed Prologue to the Statute of Merton 20. Hen. 3. The Statute of Morteman 7. Ed. 1. 31. Ed. 1. De Aspertatis Religiosorum Therefore this Tax imposed by the Commons alone without King or Lords must needs be void illegal 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 custome are the House it self from sitting or voting with them contrary to the Freedom and Priviledges of Parliament readmitting none but upon their own termes An usurpation not to be paralleld in any age destructive to the very being of Parliaments i Where all Members ex debito Justiciae should with have equal Freedom meet and speak their mindes 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 over-sway seclude or forejudge the major number of their Assessors and fellow Members over whom they can no wayes pretend the least jurisdiction it being the high way to usher Tyranny and confusion into all Councels and 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 Lawes without the Commons or any other forty or fifty Commoners meeting together without their companions do the like as wel 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 bind these Counties Cities and Buroughs whose Knights Citizens and Burgesses sat and consented to it when imposed though I dare sware imposed against the mindes and wills 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 E. 3. rot Parl. n. 8. Did all refuse to grant
forbear till I saw what their Officers would do who in stead of punishing any of them permitted them to play the like Rex almost in other places where they quartered since marching but three or four miles a day and extorting what moneys they could from the Country by their violence and disorders Now for me or any other to give moneys to maintain such deboist Bedlams and Beasts as these who boasted of their villanies and that they had done me at least twenty pounds spoil in Beer and Provisions drinking out five barrels of good strong Beer and wasting as much meat as would have served an hundred civill persons to be Masters of our Houses Goods Servants Lives and all we have to ride over our heads like our Lords and Conquerours and take Free quarter on us amounting to at least a full yeares contribution without any allowance for it and that since the last Orders against Free-quarter and warrants for paying in this Tax to prevent it for the future issued is so far against my reason Judgement and conscience that I would rather give all away to suppress discard them or cast it into the fire then maintain such graceless wretches with it to dishonour God enslave consume ruine the Country and Kingdome who every where complain of the like insolences and of taking free quarter since the 9 of June as above two hundred of Colonel Coxe his men did in Bath the last Lords day who drew up in a body about the Majors House and threatned to seise and carry him away prisoner for denying to give them free quarter contrary to the New Act for abolishing it Lastly this pretended Act implies that those who refuse to pay this contribution without distress or imprisonment shall be stil oppressed with freequarter And what an height of oppression and injustice this will prove not only to distrain imprison those who cannot in conscience Law or prudence submit to this illegall Tax but likewise to undoe them by exposing them to free-quarter which themselves condemne as the heighst pest and oppression let all sober men consider and what reason I and others have to oppose such a dangerous destructive president in its first appearing to the world Ninethly The principal end of imposing this Tax to maintain the Army and forces now raised is not the defence and fafety of our ancient and first Christian Kingdom of England its Parliaments Laws Liberties and Religion as at first but to disinherit the King of the Crown of England Scotland and Ireland to which he hath an undoubted right by common and Statute Law as the Parliament of 1 Jacobi ch. 1. resolves and to levy war against him to deprive him of it To subvert the ancient Monarchical Government of this Realm under which our Ancesters have always lived and flourished to set up a New republick the oppressions and greivances whereof we have already felt by increasing our Taxes setting up arbitrary Courts and Proceedings to the taking away of the lives of the late King Peers and other Subjects against the Fundamental Laws of the Land creating new monstrous Treasons never heard off in the world before and the like but cannot yet enjoy or discern the least ease or advantage by it To overthrow the ancient constitution of the Parliaments of England consisting of King Lords and Commons and the Rights and Priviledges thereof To alter the fundamental Laws Seales Courts of Justice of the Realm and introduce an arbitrary Government at least if not Tyrannical contrary to our Lawes Oathes Covenant Protestation a publick Remonstrances and Engagements to the Kingdom and forraign States not to change the Government or attempt any of the premises All which being no less then High Treason by the Laws and Statutes of the Realm as Sir Edward Cook in his 4 Institutes ch. 1. and Mr. St. John in his Argument at Law upon passing the bill of Attainder of the Earl of Strafford both printed by the Commons special order have proved at large by many presidents Reasons Records and so adjudged by the last Parliament in the cases of Strafford and Canterbury who were condemned and executed as Traytors by judgement of Parliament and some of these now sitting but for some of those Treasons upon obscurer Evidences of guilt then are now visible in others I cannot without incurring the Crime and Guilt of these general High Treasons and the eternal if not temporal punishments incident thereunto if I should voluntarily contribute so much as one peny or farthing towards such Treasonable and disloyal ends as these against my Conscience Law Loyalty duty and all my Oathes and obligations to the contrary Tenthly The payment of this Tax for the premised purposes will in my poor judgment and conscience be offensive to God and all good men scandalous to the Protestant Religion dishonourable to our English Nation and disadvantagious and destructive to our whole Kingdom hindering the speedy settlement of our Peace the re-establishment of our Laws and Government establishing of our Taxes disbanding of our Forces revivall of our decayed Trade by the renewing and perpetuating our bloudy uncivill Warrs engaging Scotland Ireland and all forreign Princes and Kingdoms in a just War against us to avenge the death of our late beheaded King the dis-inheriting of his posterity and restore his lawfull Heirs and Successors to their just undoubted Rights from which they are now forcibly secluded who will undoubtedly molest us with continuall Warrs what-ever some may fondly conceit to the contrary till they be setled in the Throne in peace upon just and honorable terms and invested in their just possessions And therefore I can neither in conscience piety nor prudence ensnare my self in the guilt of all these dangerous consequences by any submission to this illegall Tax Upon all these weighty Reasons and serious grounds of Conscience Law Prudence which I humbly submit to the Consciences and Judgments of all conscientious and Judicious persons whom they do or shall concern I am resolved by the assistance and strength of that Omnipotent God who hath miraculously supported me under and carried me through all my former sufferings for the Peoples publick Liberties with exceeding joy comfort and the ruine of my greatest enemies and Opposers to oppugne this unlawfull Contrbution and the payment of it to the uttermost in all just and lawfull wayes I may And if any will forcibly levie it by distresse or otherwise without Law or Right as Theeves and Robbers take mens goods and Purses let them doe it at their own utmost perill And I trust God and men will in due season doe me justice and award me recompence for all the injuries in this kinde and any sufferings for my Countries Liberties How-ever fall back fall edge I would ten thousand times rather lose life and all I have to keep a good conscience and preserve my native Liberty then part with one farthing or gain the whole world with the losse of either of them and
Jurisdiction Proceedings Taxes and arbitrary pleasures should not all others much more doe it and oppose them to the utmost upon the self-same grounds Fifthly He there likewise affirms g That those now sitting at Westminster have perverted the ends of their trusts more then ever Strafford did 1. In not easing the people of but encreasing their greivances 2. In exhausting of their Estates to maintain and promote pernitious Designs to the peoples destruction The King did it by a little Ship-money and Monopolies but since they began they have raised and extorted more mony from the people and Nation then half the Kings since the Conquest ever did as particularly 1. by excise 2 Contributions 3. Sequestrations of lands to an infinite value 4. Fift parts 5. Twenty parts 6. Meal-mony 7. Sale of the plundered goods 8. Lones 9. Benevolences 10. Collections upon their fast days 11. New impositions or customs upon Merchandize 12. Guards maintained upon the charge of private men 13. Fifty Subsidies at one time 14. Compositions with Delinquents to an infinite value 15. Sale of Bishops lands 16. Sale of dean and Chapters lands and now after the wars are done 17. Sale of King Queen Prince Duke and the rest of the Childrens revenues 18. Sale of their rich goods which cost an infinite sum 19. To conclude all a Taxation of ninety thousand pounds a month and when they have gathered it pretendingly for the Common-Wealths use divide it by thousands and ten thousands a peece amongst themselves and wipe their mouthes after it like the impudent Harlot as though they had done no evil and then purchase with it publick Lands at small or trivial values O brave Trustees that have protested before God and the World again and again in the day of their straits they would never seek themselves and yet besides all this divide all the choisest and profitablest Places of the Kingdom among themselves Therefore when I seriously consider how many men in the Parliament and elsewhere of their Associates that judge themselves the only Saints and Godly men upon the earth that have considerable and some of them vast estates of their own inheritance and yet take five hundred one two three four five thousand pounds per annum Salaries and other comings in by their places and that out of the too much exhausted treasury of the Nation when thousands not onely of the People the of world as they call them but also of the precious redeemed lambs of Christ are ready to starve for want of bread I cannot but wonder with my self whether they have any conscience at all within them or no and what they think of that saying of the spirit of God That whoso hath this worlds goods and seeth his brother hath need and shutteth up his bowels of compassion from him which he absolutely doth that any way takes a little of his little from him how dwelleth the love of God in him 1 John 3.17 These actions and practises are so far from being like the true and reall children of the most High that they are the highest oppression theft and murther in the world thus to rob the poor in day of their great distress by Excise Taxations c. to maintain their Pompe Superfluities and Debauchery when many of those from whom they take it do perish and starve with want and hunger in the mean time and be deaf and Adamant-hearted to all their TEARS CRYES LAMENTATIONS MOURNFUL HOWLINGS GROANES Without all doubt these pretended Godly Religious men have got a degree beyond those Athests or Fools that say in their hearts there is no God Psal. 14.1 and 53.1.3 In quite destroying the peoples essential Liberties Laws and Freedoms in leaving them no Law at all as Mr. Peters their grand Teacher averred lately to my face we had none but their meer will and pleasures saving Fellons Lawes or Martial Law where new Butchers are both informers Parties Jury-men and Judges who have had their hands imbrewed in blood for above these seven years together having served an apprentiship to killing of men for nothing but money and so are more bloody then Butchers that kil sheep and calves for their own livelihood who yet by the Law of England are not permitted to be of any jury for life and death because they are conversant in shedding of blood of beasts and thereby through an habit of it may not be so tender of the blood of men as the Law of England Reason and Justice would have them to be Yea do not these men by their swords being but servants give what Lawes they please to their Masters the pretended Law-makers of your House now constituted by as good and legal a power as he that robs and kills a man upon the hgih-way And if this be the verdict of their own Complices and Partizans concerning them and their proceedings especially touching their exhausting our Estates by Taxes and sharing them among themselves in the times of famine and penury as the great Officers of the Army and Treasurers who are Members now doe who both impose what Taxes they please and dispose of them to themselves and their creatures as they please contrary to the practice of all former ages and the rules of reason and justice too are not all others bound by all bonds of conscience Law Prudence to withstand their impositions and Edicts unto death rather then yeild the least submission to them Sixthly He there avers proves and offers legally to make good before any indifferent Tribunal that the h Grandees and over-ruling Members of the House and Army are not only a pack of dissembling Jugling Knaves and Machevillians amongst whom in consultation hereafter he would ever scorn to come for that there was neither 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
undoing This is my first and principall exception against the Legality of this Tax which I desire the Imposers and Levyers of it most seriously to consider and that upon these important considerations from their own late Declarations First themselves in their own Declaration of the 9th February 1648. have protested to the whole Kingdom That they are fully resolved to maintain and shall and will uphold preserve and keep the fundamentall Lawes of this Nation for and concerning the PRESERVATION OF THE LIVES PROPERTIES and LIBERTIES OF THE PEOPLE with all things incident thereunto which how it will stand with this Tax imposed by them out of Parliament or their Act concerning New TREASONS I desire they would satisfie me and the Kingdom before they levy the one or proceed upon the other against any of their fellow-Subjects by meer arbitrary armed power against Law and Right Secondly themselves in their Declaration expressing the grounds of their late proceedings and setling the present Government in way of a Free-State dated 17. Martii 1648. engage themselves To procure the well-being of those whom they serve to renounce oppression arbitrary power and all opposition to the peace and Freedome of the Nation And to prevent to their power the reviving of Tyrannie Injustice and all former evils the only end and duty of all their Labors to the satisfaction of all concerned in it 2. They charge the late King for exceeding all His predecessors in the destruction of those whom he was bound to preserve To manifest which they instance in The Loanes unlawfull Imprisonments and other Oppressions which produced that excellent Law of the Petition of Right which were most of them again acted presently after the Law made against them which was most palpably broken by him almost in every part of it very soon after His solemn Consent given unto it 1 His imprisoning and prosecuting Members of Parliament for opposing His unlawfull Will and of divers 2 worthy Merchants for refusing to pay Tonnage and Poundage because NOT GRANTED BY PARLIAMENT yet 3 exacted by HIM expresly against Law and punishment of many 4 good Patriots for not submitting to whatsoever be pleased to demand though NEVER SO MVCH IN BREACH OF THE KNOWN LAW The multitude of projects and Monopolies established by Him His designe and charge to bring in 5 Germane-Horse to awe us INTO SLAVERY and his hopes of compleating all by His grand project of 6 Ship-money to subject EVERY MANS ESTATE TO WHATSOEVER PROPORTION HE PLEASED TO IMPOSE UPON THEM But above all the English Army was laboured by the King to be engaged against THE ENGLISH PARLIAMENT A thing of that 7 STRANGE IMPIETY and VNNATVRALNESS for the King of England to sheath their swords in one anothers bowels that nothing can answer it but his owne being a Foraigner neither could it easily have purchased belief but by his succeeding visible actions in ful pursuance of the same As the Kings coming in person to the 8 House of Commons to seise the five Members whether he was followed with 9 some hundreds of unworthy debauched persons armed with Swords and Pistols and other Armes and they attending at the Doore of the House ready to execute whatsoever their Leader should command them The oppressions of the Councell-Table Star-Chamber High-Commission Court-Martiall Wardships Purveyances Afforestations and many others of like nature equalled if not farr exceeded now by sundry Arbitrary Committees and Sub-Committees to name no others in all manner of Oppressions and Injustice concluding thus Vpon all these and many other unparalleld offences upon his breach of Faith of Oaths and Protestations upon the cry of the blood of England and Ireland upon the tears of Widows and orphans and childlesse Parents and millions of persons undone by him let all the world of indifferent men judge whether the Parliament you mean your selves only which made this Declaration had not sufficient cause to BRING THE KING TO JUSTICE And much more you if you imitate or exceed him in all or any of these even by your own verdit 3. Themselves charge the King with with profuse Donations of salaries and pensions to such as were found or might be made sit Instruments and promoters of Tyranny which were supplied not by the legal justifiable revenue of the Crown but by Projects and illegal ways OF DRAINING THE PEOPLES PVRSES all which mischief and grievance they say wil be prevented in their free State though the quite contrary way as appears by the late large donation of some thousands to Mr. Henry Martin the Lord Lisle ‖ Commissary General Ireton and others of their Members and Instruments upon pretence of Arrears or Service some of them out the moneys now imposed for the releife of Ireland And must we pay Taxes to be thus prodigally expended Fourthly They therein promise and engage That the good old Laws and Customs of England THE BADGES OF OUR FREEDOM the benefit whereof our Ancesters enjoyed long before the conquest and spent much of their blood to have confirmed by the Great Charter of the Liberties and other excellent Laws which have continued in all former changes and being duly executed are THE MOST JVST FREE and equal of any other Laws in the world shall be duly continued and maintained by them the LIBERTY PROPERTY and PEACE OF THE SVBJECT BEING SO FVLLY PRESERVED BY THEM and the common interest of those WHOM THEY SERVE And if those Lawes should be taken away all Jndustry must cease all misery blood and confusion would fellow and greater Calamities if possible then fel upon us by the late Kings misgovernment would certainly involve all persons under which they must inevitably perish 5. They therein expresly promise p. 26. To order the revenue in such a way That the publick charges may be defrayed The Souldiers pay justly and duly setled That free-quarter may be wholy taken away and THE PEOPLE BE EASED IN THEIR BURTHENS and TAXES And is this now all the ease we feel to have all Burthens and Taxes thus augmented and that against Law by pretended acts made out of Parliament against all these good old Lawes and Statutes our Liberties and Properties which these new Tax-Masters have so newly and deeply engaged themselves to maintain and preserve without the least diminution Thirdly Both Houses of Parliament joyntly and the House of Commons severally in the late Parliament with the approbation of all consent of most now sitting did in sundry ‖ Remonstrances and Declarations published to the Kingdom not only Tax the King and his evil Counsellors for imposing illegal Taxes on the Subjects contrary to the forecited acts the maintenance whereof against all future violations and invasions of the Peoples Liberties and Properties they made one principal ground of our late bloody expensive wars but likewise professed * That they were specially chosen and intrusted by the Kingdom in Parliament and owned it as their duty to
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 their il 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 their Counties and those for whom they served And so much the rather to vindicate the late Houses honour and reputation from those predictious 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 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 c. ERRATA Page 2. line 17. read Perusers l. 36. r. argued p. 3. l. 14. r. by l. 16. for 4. r. 14. p 4. l. 29 dele by l. 36. r consenting p. 5. l. 17. for 74 r. 49 H. 3 l. 20. r. and p. 6. l. 2. for Asportatis Religiosorum The Statute of Sheriffs 9. E. 2. and of the Templers 17. E. 2. to mention no more l. 20. dele have p. 7 l. 2. r. swear l. 7. r. 13 E. 3. l. 15. r. sitting l. 27. r. 8 H 6. p. 8. l. 4. r. an. p. 9. l. 9. r. read l 21. dele as p. 10. l. 13. for 27 r. 32. l. 14. r. Banneret p. 11. l. 12. r. God l 37. dele the p. 12. l 27 r. perjutious p. 16. l. 2. r. those a See my humble Remonstrance against Ship-money b See 1 E. 6. cap. 7. Cook 7. Report 30.31 Dyer 165. 4. E. 4.43.44 1 E. 5.1 Brook Commission 19.21 c Cromptons Jurisdiction of Courts fol. 1. Cook 4. Instit. p. 9.10 d 5. Ed. 3.6 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 1 E. 6. c. 7. Daltons Justice of Peace c. 3. p. 13. Lambert p. 71. f 14. R. 2. n. 15. 11. H. 4. n. 30. 13. H. 4. n. 25. g 4 H. 7.18 b. 7. H. 7.14.16 11. H. 7.27 Fortescue c. 18 f. 20. Dyer 92. brook Parliament 76.197 Cooks 4. Institutes p. 25. h See the Freeholders grand inquest and my Plea for the Lords i Cooks 4. Institues p. 1. k Declaration Nov. 28. 30. 1948. l 39. Ed. 3.7 4. H. 4.10 Brook Parlia. 26.40 Cook 4. Instit. p. 1.25.26 1. Jac. ch. 1. m 49. Ed. 3.18 19. 21. H. 7.4 Brooke customs 6.32 Object Answ. n See my Plea for the Lords and Levellers levelled o Collect. c. pag. 599. â—â—6 Object Ans. p See a Collection p 94 95 99 698.700.877 878. q Matt. Paris p. 517. r Ovid de Remed. Amoâ—is s Mag. Chart. c. 14. 14. E. 3. c. 6. Cook 2. Instit. pag. 26.27.169.170 t Matt. Paris p. 516. u A Collection c. pag. 771. x See Cook 5. Report fol. 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 Purveyers z An exact Collection p. 7 a See an Exact collection and a collection of publick Orders and p. 99.698.700.877.878 a His Petition and Appeal and his Arrow of defiance See M. Edwards Gangrena 3. pa. page 154. fol. 204. Pag. 11.29 Pag. 34.35 d Pag. 26 27 e Pag. 34 39 40.56 57. 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. â—4 75 i See Pag. 31.32 k P. 57.34 l Luk. 19.14 27. c. 12.13 14. m Exod. 21.5.6 n See 1. H. 4 Rot. Parl. n. 97. o Rev. 21.8 This Objection must be added just before Secondly Should I voluntarily submit c. 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. 14.16.20 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 * Cook 4. Instit. p 25. Dyer f. 203. * Exact Collect. p. 69.70.736.709.722 * Brook 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 Patriots 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 defend 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 ‖ Hon. Martin is accomptable to the State for above 8700 l. which the Committee of accounts in two years time could never bring him to account for and yet hath 3000. voted him lately for moneys pretended to be disbursted to whom and for whom query Nota. ‖ Exact Collect. p. 5 6.7.14 342.492 * Exact Collect p. 28.29.214.263.270.491.492.495 496.497.660 * Exact Collect 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.
REASONS Assigned by WILLIAM PRYNNE c. BEing on the 7 of this instant June 1649 informed by the Assessors of the Parish of Swainswicke that I was assessed at 2 l. 5 s. for three months Contribution by vertue of a pretended Act of the Commons assembled in Parliament bearing date the 7 of April last assessing the Kingdom at ninty thousand-pounds monthly beginning from the 25 of March last and continuing for six months next ensuing towards the maintenance of the forces to be continued in England and Ireland and the paying of such as are thought fit to be disbanded that so Free-quarter may be taken off whereof 3075 l. 17 s. 1 d. ob is monthly imposed on the County and 2 l. 5 s. 3 d. on the small poor Parish where I live and being since on the 15 of June required to pay in 2 l. 5 s. for my proportion I returned the Collector this Answer That I could neither in Conscience Law nor Prudence in the least measure submit to the voluntary payment of this illegall Tax and unreasonable Contribution after all my unrepaired losses and sufferings for the publick Liberty amounting to six times more then Ship-money the times considered or any other illegall Tax of the late beheaded King so much declaimed against in our three last Parliaments by some of those who imposed this And that I would rather submit to the painfullest death and severest punishment the Imposers or Exactors of it could inflict upon me by their arbitrary power for legall they had none then voluntarily pay or not oppose it in my place and calling to the uttermost upon the same if not better reasons as I oppugned a Ship-money Knighthood and other unlawfull impositions of the late King and his Councel heretofore And that they and all the world might bear witnesse I did it not from meer obstinacy or fullennesse but out of solid reall grounds of Conscience Law Prudence and publick affection to the weal and Liberty of my native Country now in danger of being enslaved under a new vassalage more grievous then the worst it ever yet sustained under the late or any other of our worst Kings I promised to draw up the Reasons of this my refusal in writing and to publish them so soon as possible to the Kingdom for my own Vindication and the better information and satisfaction of all such as are any wayes concerned in the imposing collecting levying or paying of this strange kinde of Contribution In pursuance whereof I immediately penned these ensuing Reasons which I humbly submit to the impartiall Censure of all conscientious and judicious Englishmen desiring either their ingenuous Refutation if erronious or candid Approbation if substantiall and irrefragable as my conscience and judgment perswade me they are and that they will appear so to all impartiall Persons after full examination First By the fundamental Laws and known Statutes of this Realme No Tax Tallage Ayd Imposition Contribution Loan or Assessment whatsoever may or ought to be imposed or levied on the free men and people of this Realm of England but by the WILL and COMMON ASSENT of the EARLS BARONS Knights Burgesses Commons and WHOLE REALM in a free and full PARLIAMENT by ACT OF PARLIAMENT All Taxes c. not so imposed levyed though for the common defence and profit of the Realm being unjust oppressive inconsistent with the liberty and propertie of the Subject Laws and Statutes of the Realm as is undeniably evident by the expresse Statutes of Magna Charta cap. 29.30 25. E. 1. c. 5 6. 34. E. 1. De Tallagio non concedendo c. 1. 21. E. 3. Rot. Parl. n. 16. 25. E. 3. c. 8. 36. E. 3. Rot. Parl. n. 26. 45. E. 3. Rot. Parl. n. 42. 11. H. 4. Rot. Parl. n. 10. 1. R. 3. c. 2. The Petition of Right and Resolutions of both Houses against Loans 3. Caroli The Votes and Acts against Ship-money Knighthood Tonnage and Poundage and the Star-chamber this last Parliament 17. 18 Caroli And fully agreed and demonstrated by Mr. William Hackwell in his Argument against Impositions Judge Hutton and Judge Crook in their Arguments and Mr. St. John in his Argument and Speech against Ship-money with other Arguments and Discourses of that subject Sir Edward Cook in his 2 Instit. published by Order of the Commons House pag. 59.60 c. 527.528.529.532.533 c. with sundry other Records and Law-books cited by these great Rabbies of the Law and Patriots of the Peoples Liberties But the present Tax of Ninety Thousand pounds a Month now exacted of me was not thus imposed Therefore it ought not to be demanded of nor levied on me and I ought in conscience Law and prudence to withstand it as unjust oppressive inconsistent with the Liberty and Property of the Subject Laws and Statutes of the Realm To make good the Assumption which is onely questionable First This Tax was not imposed in but out of any Parliament the late Parliament being actually dissolved above two months before this pretended Act of these Tax-imposers taking away the King by a violent death as is expresly resolved by the Parliament of 1 H. 4. Rot. Parl. n. 1. by the Parliament of 4. H. 4. and 1. H. 5. Rot. Parliam n. 26. Cook 4 Institutes p. 46. and 4. E. 4.44 b. For the King being both the Head beginning end and foundation of the Parliament as Modus tenendi Parliamentum and Sir Edward Cooks 4. Instit. p. 3. resolve which was summoned and constituted only by his Writ now b actually abated by his death and the Parliament as 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 NOSTRUM the Kings Parliament that is dead not his Heirs and Successors 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 and urgent affairs that concerned NOS HIM and HIS KINGDOME of England and the Knights and Burgesses receiving their wages for Nuper ad NOS ad PARLIAMENTVM NOSTRVM veniendo c. quod sommoneri FECIMVS ad tractandum ibidem super diversis arduis Negotiis NOS Statum REGNI NOSTRI tangentibus as the tenor of the d Writs for their wages determines The King being dead and his Writ and Authority by which they were summoned with the ends for which they were called to confer with HIM about HIS 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 disinherited 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 onely by the King 's abated Writ
a great extraordinary Subsidie then demanded of them though not comparable to this for the necessary defence of the Kingdom against Forraign enemies till they had conferred with the Counties and Burroughs for which they served and gained their assents Yet there is no shadow of reason Law or Equity it should oblige any of the secluded Members themselves whereof I am one or those Counties Cities or Burroughs whose Knights Citizens and Burgesses have been secluded or scared thence by the Armies violence or setting Members illegall Votes for their seclusion who absolutely disavow this Tax and Act as un-Parliamentary illegall and never assented to by them in the least degree since the only l reason in Law or equity why Taxes or Acts of Parliament oblige any Member County Burrough or Subject is because they are parties and consenting thereunto either in proper person or by their chosen Representatives in Parliament it being a received Maxime in all Laws Quod tangit omnes ab omnibus debet approbari Upon which reason it is judged in our m Law-books That By-Laws oblige only those who are parties and consent unto them but not strangers or such who assented not thereto And which comes fully to the present case in 7 H. 6. 35. H. 6.34 Brooke Ancient Demesne 20. Parl. 17.101 It is resolved That Ancient Demesne is a good plea in a Writ of Waste upon the Statutes of Waste because those in Ancient Demesne were not parties to the making of them FOR THAT THEY HAD NO KNIGHTS NOR BURGESSES IN PARLIAMENT nor contributed to their expences And Judge Brook Parliament 101. hath this observable Note It is most frequently found that Wales and County Palatines WHICH CAME NOT TO THE PARLIAMENT in former times which now they do SHALL NOT BE BOUND BY THE PARLIAMENT OF ENGLAND for ancient Demesne is a good Plea in an action of wast and yet Ancient Demesne is not excepted and it is enacted 2. Ed. 6. c. 28. that fines with Proclamation shall be in Chester for that the former Statutes did not extend to it and it is enacted That a Fine and Proclamation shall be in Lancaster 5. 6. E. 6. c. 26. And a Proclamation upon it a exigent is given by the Statute in Chester and Wales 1. E. 6. c. 20. and by another Act to Lancaster 5. 6. E. 6. c. 26. And the Statute of Justices of Peace extended not to Wales and the County Palatine and therefore an Act was made for Wales and Chester 27. H. 8. c. 5. who had Knights and Burgesses appointed by that Parliament for that and future Parliaments by Act of Parliament 27. H. 8. cap. 26. since which they have continued their wages being to be levyed by the Statute of 35. H. 8. c. 11. Now if Acts of Parliament bound not Wales and County Palatines which had anciently no Knights nor Burgesses in Parliament to represent them because they neither personally nor representatively were parties and consenters to them much lesse then can or ought this Leavie Tax and illegall Act to binde those Knights Citizens and Burgesses or those Counties Cities and Burroughs they represented who were forcibly secluded or driven away from the Parliament by the confederacy practice or connivance at least of those now sitting who imposed this Tax and passed this strange Act especially being for the support and continuance of those Officers and that Army who trayterously seised and secluded them from the House and yet detain some of them Prisoners against all Law and Justice The rather because they are the far major part above six times as many as those that sate and shut them out and would no wayes have consented to this illegall Tax or undue manner of imposing it without the Lords concurrence had they been present And I my self being both an unjustly imprisoned and secluded Member and neither of the Knights of the County of Somerset where I live present or consenting to this Tax or Act one or both of them being forced thence by the Army I conceive neither my self nor the County where I live nor the Burrough for which I served in the least measure bound by this Act or Tax but cleerly exempted from them and obliged with all my might and power effectually to oppose them If any here object That by the custome of Parliament 40 Members onely are sufficient to make a Commons House of Parliament and there were at least so many present when this Tax was imposed Therefore it is valid and obligatory both to the secluded absent Members and the Kingdom I answer First That though regularly it be true that forty Members are sufficient to make a Commons House to begin prayers and businesses of lesser moment in the beginning of the day till the other Members come and the House be full yet forty were never in any Parliament reputed a competent number to grant Subsidies passe or record Bils or debate or conclude matters of greatest moment which by the constant Rules and usage of Parliament were never debated concluded passed but in a free and full House when all or most of the Members were present as the Parliament Rolls Journals Modus tenendi Parliamentum Sir Edward Cooks 4. Institutes p. 1.2.26.35.36 Cromptons Jurisdiction of Courts f. 1. c 39. E. 3.7 Brook Parliament 27. 1. Jacobi c. 1. and the Records I have cited to this purpose in my Levellers levelled my Plea for the Lords and Memento p. 10. abundantly prove beyond contradiction for which cause the Members ought to be fined and lose their wages if absent without special Licence as Modus tenendi Parliamentum as 5. R. 2. Parl. 2. c. 4. 9. H. 8. c. 16. and A Collection of all Orders c. of the late Parliament pa. 294.357 with their frequent summoning and fining absent Members evidence Secondly Though forty Members onely may peradventure make an House in cases of absolute necessity when the rest through sicknesse and publick or private occasions are volutarily or negligently absent and might freely repair thither to sit or give their Votes if they pleased yet forty Members never yet made a Commons House by custome of Parliament there being never yet any such case till now when the rest being above four hundred were forcibly secluded or driven thence by an Army through the practice or connivance of those forty sitting of purpose that they should not over nor counter-vote them much lesse an House to sequester or expell the other Members or impose any Tax upon them Till they shew me such a Law Custom or President of Parliament not to be found in any age all they pretend is nothing to purpose or the present case Thirdly Neither forty Members nor a whole House of Commons were ever enough in any age by the Custom of Parliament or Law of England to impose a Tax or make any Act of Parliament without the King and Lords us I have n already proved much lesse after they
from going yet take free-quarter on the Country and pay too under that pretext And to force the Country to pay Contribution and give Free-quarter to such Cheaters and Impostors who never intend this Service is both unjust and dishonourable 4. If the Relief of Ireland be now really intended it is not upon the first just and pious grounds to preserve the Protestant party there from the forces of the bloody Popish Irish Rebels with whom if report be true these sitting Anti-Monarchists seek and hold correspondence and are now actually accorded with Owen Ro-Oneal and his party of blodiest Papists but to oppose the Kings interest and title to that Kingdome and the Protestant remaining party there adhering to and proclaiming acknowledging him for their Soveraign least his gaining of Ireland should prove fatall to their usurped soveraignty in England or conduce to his enthroning here And by what Authority these now sitting can impose or with what conscience any loyall Subject who hath taken the Oaths of Supremacy Allegiance and Covenant can voluntarily pay any contribution to deprive the King of his hereditary right undoubted Title to the Kingdoms and Crowns of England Ireland and alter the frame of the ancient Government Parliaments of our Kingdoms p Remonstrated so often against by both Houses and adjudged High Treason in Canterburies and Strafffords cases for which they were beheaded and by themselves in the Kings own case whom they decolled likewise without incurring the guilt of Perjury and danger of High Treason to the losse of his life and estate by the very laws and statuts yet inforce transcends my understanding to conceive VVherfore I neither can nor dare in conscience law or prudence submit to this contribution Fourthly The coercive power and manner of levying this contribution expressed in the Act is against the Law of the Land and Liberty of the Subject which is threefold First Distresse and sale of the goods of those who refuse to pay it with power to break open their Houses which are their Castles doores chests c. to distrain which is against Magna Charta cap. 29. The Petition of Right The Votes of both Houses in the case of Ship-mony 1 R. 2. c. 3. and the resolution of our Judges and Law-books 13. Ed. 4.9.20 E. 4.6 Cook 5. Report f. 91.92 Semaines case 4. Inst. p. 176 177. Secondly Imprisonment of the body of the party till he pay the contribution being contrary to Magna charta The Petition of Right The resolution of both Houses in the Parliament of 3 Caroli in the case of Loanes and 17 Caroli in the case of Ship-mony the judgment of our Judges and Law-Books collected by Sir Edward Cook in his 2 Insti. p. 46. c. and the Statu. of 2 H. 4. Rot. Par. n. 6. unprinted but most expresse in point Thirdly Levying of the contribution by souldiers and force of arms in case of resistance and imprisoning the person by like force adjudged High Treason in the cases of the Earl of Strafford and a levying of war within the Statute of 25. Ed. 3. by the late Parliament for which he lost his head and so proved to be at large by Master St. Iohn in his Argument at Law at the passing the Bill for his attainder Printed by Order of the Commons House Fourthly Which heightens the illegality of these illegall means of levying it if any person whose goods are destrained or person imprisoned for this illegall tax shall bring his Action at Law or an Habeas corpus for his relief The Committee of Indempnity will stay his legall proceedings award cost against him and commit him a new till he pay them and release his suits at Law and upon an Habeas corpus their own Sworn Judges created by them dare not bayle but remaund him against Law An oppression and Tyranny far exceeding the worst of the Beheaded Kings under whom the Subjects had Free-Liberty to sue and proceed at Law both in the cases of Loanes Shipmony and Knighthood without any Councel-Table Committee of Indempnity to stop their suits or inforce them to release them and therefore in all these respects so repugnant to the Laws and Liberty of the Subject I cannot submit to this illegall Tax but oppugn it to the utetrmost most invasive on our Laws and Liberties that ever was Fifthly The time of opposing this illegall Tax with these unlawfull ways of levying it is very considerable and sticks much with me it is as the Imposers of it declare and publish in many of their new kind of Acts and devices in the first yeare of Englands Liberty and redemption from thraldom And if this unsupportable Tax thus illegallly to be levied be the first fruits of our first years Freedom and redemption from thraldom how great may we expect our next years thraldome will be when this little finger of theirs is heavier by far then the Kings whole loynes whom they beheaded for Tyranny and Oppression Sixthly The Order of this Tax if I may so term a disorder or rather newnesse of it engageth me and all lovers of their Countries Liberty unanimously to withstand the same It is the first I finde that was ever imposed by any who had been Members of the Commons House after a Parliament dissolved the Lords House voted down and most of their fellow-Commoners secured or secluded by their connivance or confederacy with an undutiful Army VVhich if submitted to and not opposed as illegall any forty or fifty Commoners who have been Members of a Parliament gaining Forces to assist and countenance them may out of Parliament now or any time hereafter do the like and impose what Taxes and Laws they please upon the Kingdom and the secluded Lords and Commons that once sate with them being incouraged thereto by such an unopposed precedent VVhich being of so dangerous consequence and example to the constitution and priviledges of Parliament and Liberties of the people we ought all to endeavour the crushing of this new Cockatrice in the shell lest it grow to a fiery Serpent to consume and sting us to death and induce the Imposers of it to lade us with new and heavie Taxes of this kinde when this expires which we must expect when all the Kings Bishops Deans and Chapters Lands are sold and spent if we patiently submit to this leading Decoy since q Bonus Actus inducit consuetudinem as our Ancestors resolved Anno 1240. in the case of an universall Tax demanded by the Pope whereupon they all unanimously opposed it at first r Opprime dum nova sunt subiti mala semina morbi Principiis obsta serò medicina paratur Cum mala per longas invaluere moras being the safest rule of State-physick we can follow in such new desperate Diseases which endanger the whole Body-politick Upon which grounds the most consciencious Gentlemen and best Patriots of their Country opposed Loans Ship money Tonnage Poundage Knighthood and the like late illegall
addresses were to passe to make a Declaration to the whole world declaring THE LEGAL RIGHT OF THE LORDS HOUSE THEIR FIXED RESOLUTION TO MAINTIAN UPHOLD IT which was sent by the Generall to the Lords by Sir Hardresse Waller and to indear himself the more unto the Lords in whose House without all doubt he intended to have sate himself he requited me evill for good and became my enemy to keep me in Prison out of which I must not stirre unlesse I would stoop and acknowledge the Lords jurisdiction over Commoners and for that end he sets his agents and instruments at work to get me to do it yet now they have suppressed them Whence it is most apparent 1. That the General Liutenant General Cromwel Ireton Harrison and other Officers of the Army now sitting as Members and over-ruling all the rest have willingly acted against their own knowledges Declarations Judgments Consciences in suppressing the Lords House and depriving them of their Legislative and Jurisdictive Right and power by presuming to make Acts pass 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 Liberty 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 plain 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 condemn hang or behead any man that they please or can prevail 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 down 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 legall and just Authority to pick their pockets for them by Assessments and Taxations and by their arbitrary and tyrannicall 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 Principall 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 doe thus in print professedly disclaim them for being any reall 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 illegall Taxes Acts as not made by any true English Parliament but a Mock-Parliament only Fourthly He therein further averrs 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 houre 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 hear 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 joyn with and who were legally to make paramount 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 or a Major viz. one Estate of three legally or justly destroy two of three without their own assent c. That the House of Commons sitting freely within it's limited time in all its splendor of glory without the awe of armed men neither in Law nor in the intention of their Choosers were a Parliament and therefore of themselves alone have no pretence in Law to alter the Constitution of Parliaments c. concluding thus For shame let no man be so audaciously or sottishly void of reason as to call Tho. Prides pittifull Junto A PARLIAMENT especially those that called avowed protested and declared again again those TO BE NONE that sate at Westminster the 26 27. c. of July 1647. when a few of their Members were scared away to the Army by a few hours tumult of a company of a few disorderly Apprentices And being no representative of the People much less A PARLIAMENT what pretence of Law Reason Justice or Nature can there be for you to alter the constitution of Parliaments and force upon the people the shew of their own wills lusts and pleasures for Lawes and Rules of Government made by a PRETENDED EVERLASTING NULLED PARLIAMENT a Councel of State or Star chamber and a Councel of War or rather by Fairfax Cromwel and Ireton Now if their own late confederates and creatures argue thus in print against their continuing a Parliament