A declaration and protestation against the illegal, detestable, oft-condemned, new tax and extortion of excise in general; and for hops (a native incertain commodity) in particular. By William Prynne of Swainswick, Esq; Prynne, William, 1600-1669. This text is an enriched version of the TCP digital transcription A91168 of text R203225 in the English Short Title Catalog (Thomason E813_16). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 75 KB of XML-encoded text transcribed from 16 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A91168 Wing P3936 Thomason E813_16 ESTC R203225 99863264 99863264 167954 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A91168) Transcribed from: (Early English Books Online ; image set 167954) Images scanned from microfilm: (Thomason Tracts ; 124:E813[16]) A declaration and protestation against the illegal, detestable, oft-condemned, new tax and extortion of excise in general; and for hops (a native incertain commodity) in particular. By William Prynne of Swainswick, Esq; Prynne, William, 1600-1669. [2], 29, [1] p. Printed for the author, and are to be sold by Edward Thomas in Green-Arbor, London; : 1654. Annotation on Thomason copy: "Octob: 18". Reproduction of the original in the British Library. eng Excise tax -- England -- Early works to 1800. Hops -- Taxation -- Great Britain -- Early works to 1800. A91168 R203225 (Thomason E813_16). civilwar no A declaration and protestation against the illegal, detestable, oft-condemned, new tax and extortion of excise in general; and for hops (a n Prynne, William 1654 13162 12 0 0 0 0 0 9 B The rate of 9 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2007-06 TCP Assigned for keying and markup 2007-06 Aptara Keyed and coded from ProQuest page images 2007-08 Angela Berkley Sampled and proofread 2007-08 Angela Berkley Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A DECLARATION AND PROTESTATION AGAINST The Illegal , Detestable , Oft-condemned , New Tax and Extortion of EXCISE In General ; AND For HOPS ( a Native incertain commodity ) In Particular . By William Prynne of Swainswick , Esq ; Ezek. 22. 12 , 13 , 27 , 29 , 30. Thou hast greedily gained of thy Neighbour by Extortion , and hast forgotten me , saith the Lord God : Behold therefore , I have smitten my hand at thy dishonest gain , and at thy Bloud , which hath been shed in the midst of thee . Her Princes in the midst of thee , are like Wolves ravening the Prey to shed bloud , and to destroy Souls , to get DISHONEST GAIN : The people of the Land have used OPPRESSION , & EXERCISED ROBBERY , and have VEXED THE POOR & NEEDY ; yea , they have OPPRESSED THE STRANGER WRONGFULLY . And I sought for A MAN among them , that should make up the Hedg , and stand in the gap before me for the Land , that I should not destroy it : but I found none : Therefore have I poured out my indignation upon them , I have consumed them with the Fire of my Wrath , their own way have I recompenced on their heads , saith the Lord God . Psal. 12. 5. For the Oppression of the Poor , for the sighing of the Needy , I will arise ( saith the Lord ) I will set him in safety from him that would ensnare him . 1 Cor. 6. 8 , 9. Nay , you do wrong and defraud , and that your Brethren . Know you not that the unrighteous shall not inherit the Kingdome of God ? LONDON ; Printed for the Author , and a●● to be sold by Edward Thomas in Green-Arbor , 1654. A Declaration and Protestation against the Illegal , Detestable , oft-condemned New Tax and Extortion of EXCISE , in general , and for hopes in particular . WE read in the 2 Sam. 23. 1 , 3. That these were the last words of David , the man WHO WAS RAISED UP ON HIGH , THE ANOYNTED OF THE GOD OF JACOB , and the sweet Psalmist of Israel ; The God of Israel said , the Rock of Israel spake to me , HE THAT RULETH OVER MEN MUST BE JUST , RULING IN THE FEAR OF GOD . What it is for a Ruler over men to be just , and to rule in the fear of God , we may infallibly conclude , and learn from three Scripture-Presidents , and three sacred Texts , which may serve as a Commentary on it . The first President is that of Samuel , 1 Sam. 12. 1. to 6. And Samuel said unto all Israel ; Behold , I have hearkened unto your voice in all that ye said unto me , and have made a King over you : And now behold , I am old and gray-headed , and have walked before , and a judged you from my Childhood to this day : Behold here I am , witness against me before the Lord , and before his Anoynted ; Whose Oxe have I taken ? Or whose Ass have I taken ? or whom have I defrauded ? whom have I oppressed ? or of whose hand have I received any ransome to blinde mine eyes therewith ? and I will restore it to you . And they said , THOU HAST NOT DEFRAUDED US , NOR OPPRESSED US , NEITHER HAST THOU TAKEN OUGHT OF ANY MANS HAND : And he said , The Lord is my witness against you , and his Anoynted is witness this day , that you have not found ought in my hand : And they answered , He is witness . That Governour or Ruler over men , who can make such a challenge and protestation as this , before God and all the people , and receive such a testimony from both , of his integrity , as Samuel here did after he had judged Israel above threescore years , is certainly a just man , truly fearing God : And what Governour this day ruling , though but for a few months or years , can make such a challenge , or receive such a witness as he did from all the people ? The second President is that of King David , a man after Gods own heart , who as he would by no means lay violent hands on King Saul his Soveraign , who hunted him like a Partridg , and sought his life , though God gave him twice into his hands , and was perswaded by his Souldiers and Military Officers to kill him ; nor yet usurp the Royal Throne , or Government of Gods people , though specially anointed by God long before thereto , without a General Call and Election thereto by all the Tribes and Elders of the people ; 1 Sam. 24. & 26. 2 Sam. 5. 1. to 6. So it is recorded of him , 2 Sam. 8. 15. and 1 Kings 15. 5. And David raigned over all Israel ; and David executed Judgment and Justice unto all his people ; and David did that which was right in the eyes of the Lord , and turned not aside from any thing that he commanded him all the daies of his life , save only in the matter of Uriah the Hittire ; for which he penned , and left a a Penitential Psalm on Record to Posterity , to testifie his unfeigned repentance for that bloody crime . And where can we finde such a David now ? The third is Nehemiah , cap. 5. throughout ; who when the people cried and complained to him of their Debts , Engages , Bondage and Oppressions by their Brethren , and that others had their Lands , Vineyards , yea their Sons and Daughters for servants , for moneys borrowed of them FOR THE KINGS TRIBUTE ; He grew very angry , and rebuked the Nobles and Rulers for it , and set a great Assembly against them , and said unto them : We after our ability have redeemed the Jews our brethren , which were sold unto the Heathen , and will you ever sell your Brethren ? or shall they be sold unto us ? I likewise , and my Brethren , and my servants , might exact of them money and corn . I pray let us leave off this Usury : restore I pray unto them even this day their Lands , their Vineyards , and their houses ; also the hundredth part of the money , and of the corn , the wine , and the oyl that ye exact of them . Then said they , We will restore them , and will require nothing of them ; so will we do as thou hast said . Then Nehemiah called the Priests , and took an oath of them , that they should do according to this promise : Also he shook his lap , and said , So God shake out every man from his house , and from his labour , that performeth not this promise , even thus be he shaken out and emptied ; and all the Congregation said , Amen , and praised the Lord , and the people did according to this promise . After which , he subjoyns this memorable testimony of himself . Moreover , from the time that I was appointed to be their Governour in the Land of Judah , from the 20. even to the 32. year of Artaxerxes the King , I and my Brethren have not eaten the bread of the Governour : But the former Governours that had been before me , WERE CHARGEABLE UNTO THE PEOPLE , AND HAD TAKEN OF THEM BREAD AND WINE , BESIDES FORTY SHEKELS OF SILVER ( what is this to our Contributions , EXCISES , Freequarter , Sequestrations , Imposts , &c. ) Yea , even their servants bear rule over the people : BUT SO DID NOT I , BECAUSE OF THE FEAR OF GOD . Yet also I continued in the work of the Wall ; NEITHER BOUGHT WE ANY LAND : and all my servants were gathered thither unto the work . Moreover , there were at my Table an 150. of the Jews and Rulers , besides those that came unto us from among the Heathen that are about us , &c. YET FOR ALL THIS REQUIRED I NOT THE BREAD OF THE GOVERNOUR , ( that is , his Salary , and ordinary allowance , formerly paid by the people ) BECAUSE OF THE BONDAGE WAS HEAVY UPON THIS PEOPLE . Think upon me my God for good , according to all that I have done for this people . When our late and present Governours , and their under-Officers , shall imitate Samuel , David , but more especially Nehemiah , and the Nobles , Rulers , and Officers under him , in making full restitution of all their Christian Brethrens , and the publike Lands , Vineyards , Oliveyards , Houses , Goods , Possessions , Offices , Moneys , Corn , Wine and Oyl they have forcibly seized on , without any legal Right or Title , or gotten by usurious or unrighteous contracts , Sequestrations , Sales , Donations , Wiles , Disseisins , Oppressions , Exactions , Excises , Taxes , &c. give a true and just accompt to our whole Nation of the many Millions of Treasure in few years extorted from them ; and shall neither impose , nor exact from them any more Moneys , Contributions , Excises , Corn , Wine , or the bread of the Governour from the people , because of the fear of God , and because of the Bondage that is heavy upon them ; we shall then pronounce them to be just , ruling in the fear of God . But till then , neither God nor men will or can pronounce them such . And upon consideration of these three sacred Texts , to omit others . The first is , Ezek. 18. 5. to 14. But if a man be JUST , & DO THAT WHICH IS LAWFUL & RIGHT , & HATH NOT OPPRESSED ANY , but hath restored to the Debtor his pledg , HATH SPOILED NONE BY VIOLENCE , hath given his bread to the hungry , and hath covered the naked with a garment , hath not given forth upon usury , neither hath taken any encrease , hath withdrawn his hand from iniquity , hath executed true judgment between man and man , hath walked in my Statutes , and hath kept my Judgments , TO DEAL TRULY ; HE IS JUST ; He shall surely live , saith the Lord . If he beget a Son , that is A ROBBER , A SHEDDER OF BLOOD , and that doth the like to any of these things to his brother , and that doth not any of those duties , but hath eaten upon the Mountains , and defiled his Neighbours Wife ; HATH OPPRESSED THE POOR AND NEEDY , HATH SPOILED BY VIOLENCE , hath not restored the pledg , &c. hath committed abomination , hath given forth upon usury , and taken encrease ; shall he then live ? He shall not live , he hath done all these abominations , he shall surely die , his bloud shall be upon him , &c. Which is again there repeated , for the greater certainty . If the just men and Rulers of this latter age shall be judged and tried by this Text , I fear we may take up the words of the Prophet Micah 7. 2. and c. 3. 1 , 2 , 3 , 4. The good man is perished out of the earth , and THERE IS NONE UPRIGHT AMONG MEN : They all lye in wait for bloud , they hunt every man his Brother with a Net , that they may do evil with both hands earnestly ; the Prince asketh , and the Judg asketh for a reward , and the great man he uttereth the mischief of his soul , ( by coveting Fields and Houses , and taking them away by violence , because it is in the power of his hand , ch. 2. 1 , 2. ) the best of them is as a Bryar , the most upright is sharper then a thorn-hedg ; they pluck off the flesh of my people from their bones , they eat their flesh , and flay their skin from off them , and they break their bones , and chop them in pieces as for the pot , and as flesh within the Caldron . The second is , Ezek. 45. 7. to 10. and ch. 46. 18. A portion shall be for the Prince , &c. and my Princes shall no more oppress my people , and the rest of the Land shall they give to the house of Israel , according to their Tribes : Thus saith the Lord God , Let it suffice you , O Princes of Israel ! REMOVE VIOLENCE & SPOIL , and execute Judgment and Justice : TAKE AWAY YOUR EXACTIONS ( or expulsions of others from their rights ) from my people , saith the Lord God . Moreover , the Prince SHALL NOT TAKE OF THE PEOPLES INHERITANCE BY OPPRESSION , TO THRUST THEM OUT OF THEIR POSSESSION . How conscientiously this precept ( and Gods own Tenth Commandment of the Decalogue , Exod. 20. 17. Thou shalt not covet thy Neighbours HOUSE , thou shalt not covet thy Neighbours WIFE , nor his Man-servant , nor his Maid-servant , nor his OXE , nor his ASSE , NOR ANY THING THAT IS THY NEIGHBOURS ) hath been observed by such who have made and stiled themselves , not only Princes , Rulers , Governours , Officers , but proclaimed themselves the holiest , justest Saints , and Pillars of Justice and Righteousness of late years , and all sorts of Swordmen , let the world and their own consciences judg . I doubt Ovids old Poetical description of the Iron Age a VIVITUR EX RAPTO , &c. will suit better with our times and Saints of this Age , then these sacred Precepts , become like old Almanacks quite out of date and practise at least , if not quite out of mind : Terras Astraea reliquit . The third is Isai. 58. 3. to 13. Behold , in the day of your Fast you finde pleasure , and exact all your griefs : Behold , ye fast for strife and debate , and TO SMITE WITH THE FIST OF WICKEDNESS : Ye shall not Fast as ye do this day , &c. Is not this the Fast that I have chosen , TO LOOSE THE BONDS OF WICKEDNESS , TO UNDO THE HEAVY BURTHENS ( of illegal oppressions , long-continued Taxes , Excises , &c. ) to let the OPPRESSED GO FREE , and that ye break EVERY YOKE ? Is it not to deal thy bread to the hungry , and that thou bring the poor that are cast out ( of their houses , possessions , offices , estates , by violence and rapine ) to thy house ; when thou seest the naked , that thou cover him , and that thou hide not thy self from thine own flesh ? Then shall thy light break forth as the morning , and thine health shall spring forth speedily , and THY RIGHTEOUSNESS shall go before thee , and the glory of the Lord shall be thy rereward , &c. And they that be of thee shall build the old waste places , raising up the Foundations of many Generations , and thou shalt be called , The repairer of the breach , the restorer of paths to dwell in . We have had many publique Fasts and Mock-fasts of late years , such as God in this Text professedly reprehends and rejects ; but never yet such a true and real Fast , as he here calls for : and that is one main reason , we are still pulling down , and rooting up the Foundations of our Church , Kingdoms , Parliaments , Liberties , Properties , Lawes , and changing from one mishapen form of Government to another , instead of building the old waste places , raising up the Foundations of many Generations , repairing the breaches , and restoring paths to dwell in . O that we might never henceforth mock God or men any more with such hypocritical Fasts as formerly ; but that the next prescribed Fast by those in power , might be only this , which God here requires ; and that it might be so sincerely , really , effectually performed by the Prescribers of it , that God himself , and all the three Nations , may joyntly attest of them , That they are just , ruling in the fear of God . On Tuesday the 26 of September last , 1654. there was this Ticket left at my house at Swainswick directed to no particular person named in it , or indorsed on it . You are to appear at the Grey-hound in Bath , on Tuesday next by ten of the Clock in the fore-noon , to make entry of what quantity of HOPS YOV HAD GROWING THIS PRESENT YEAR , AND TO PAY THE DVTY OF EXCISE FOR THE SAME . 25 September 1654. Thomas Peeres , Sub-collector . Hereupon repairing to the Lecture at Bath the next morning , and carrying with mee this Ticket , and such Parliamentary Judgments and Declarations against Excise , as are hereafter specified , which I drew up in writing as here I present them to the publique , I sent for the Sub-collector to the Inn where the Ordinary for the Lecture is kept , before the Sermon began ; who repairing to me thither , I shewed him the Ticket , in a friendly manner , which he owned ; and then informed him it was erronious , and voyd in Law , ( because directed to no particular person by name ) in respect of form , which he confessed , saying it was his mans mistake , who had order to set the parties names to every severall Ticket he delivered at their houses ; I acquainted him that this being but a circumstance , the end why I sent for him , was to be satisfied by him , touching the substance of his Warrant , and that was , to make entry of what quantity of Hops I had growing this present year , and to pay the Duty of Excise for them . For , although I was a Lawyer and knew what Duties were by Law to be paid by my self and others , yet I neither knew nor understood that EXCISE in generall , much less for Hops in speciall , was a duty ; and seeing I had many Judgements and Declarations of Parliament against it , as an illegall , execrable innovation , and damning it for ever as such , I could neither in prudence nor conscience pay it as a DVTY , till hee could make it appear to mee by some true reall Act of Parliament to be so : desiring him to shew me what Legall or other Authority he had to claim it as a Duty from mee . To which he answered , that he had nothing else to shew for or claim it by , but a late Ordinance of the Protector and his Counsell at White-hall , continuing the Excise till such a month in the year 1656. Which he would shew mee if I pleased . To which I replied , that I conceived that this would bee his answer ; which was no satisfaction at all to me ; for I was certain , that by the fundamentall Laws and Statutes of the Realm , and the resolutions of our Parliaments in all Ages , no King of England , nor his Councel-Table , could ever in any age make binding Laws , or impose any Tax , Tallage , Impost , Custom , Tunnage , or Poundage , much less Excise ( a stranger to our Ancestors ) on the Free-men of England , but only a true and legal English Parliament , and therefore those who condemned , suppressed the late King , and his extravagant Councel-Table as Tyrannicall and oppressive to the People , could neither in justice nor prudence arrogate such a supertranscendent jurisdiction to themselves , as to impose such Taxes as these on the whole Realm , an inseparable Prerogative of our Parliaments alone , as hath been resolved over and over in all ages by the * Laws of King Edward the Confessor , ratified by William the Conquerour himself , and by all our Kings since , by a special clause in the very Coronation Oaths , Lex . 55. 56. 58. the great Charters of King John and Henry the third , c. 29. 30. 25. E. 1. c. 5. 6. 34. E. 4. c. 12. De Tallagio , 14. E. 3. Stat. 1. c. 21. Stat. 2. c. 1. 15. E. 3. Stat. 2. c. 5. 21. E. 3. Rot. Parl. N. 16. 25. E. 3. Rot. Parl. N. 16. 27. E. 3. Stat. 2. c. 2. 36. E. 3. Rot. Parl. N. 26. 38. E. 3. c. 2. 45. E. 3. Rot. Parl. N. 42. 11. H. 4. Rot. Parl. N. 10. 1. R. 3. c. 2. 22. H 8. The Petition of Right , 3. Car. The Statute against Ship-mony , Knighthood , Customs , 16. Caroli , and all the statutes concerning Customs , Tunnage , Poundage , and Purveyors , in all our Kings reigns , all unanimously resolving , That no Tax , Tallage , Subsidy , Ayd , Loan , Custom , Impost , Tunnage , Poundage , or any other payment or duty whatsoever , can be imposed on , or leavied from the Subject in times of War or Peace , upon any pretext or necessity , but only by common grant and consent of the Lords and Commons in Parliament , and so resolved over and over in the Parliament of 7. 21. Jacobi , and of 3. 4. & 16. Caroli , by many now in power . And to satisfie him in point of EXCISE , the thing in question , I would shew him some late Judgements and Declarations of Parliament against it , which I presumed would satisfactorily convince him , that it was no Duty , but an intollerable Oppression , and detestable Innovation ; whereupon I read unto him these ensuing Judgements and Declarations against it . 1 I shewed him , that Excise was altogether a stranger , and thing utterly unknown to our Fore-fathers , the Name and thing being never found in any Histories , or Records of former Ages in this Island . The first attempt we ever finde upon Record to usher it into , and set it on foot in England , was in the third year of our beheaded King Charls his reign , who by the advice of the Duke of Buckingham , and some other evil Counsellours * granted a Commission under the Great Seal of England , dated the last day of February , 3. Caroli , called , THE COMMISSION OF EXCIZE , issued to thirty three Lords and other of HIS MAJESTIES PRIVIE COVNCEL . The Commissioners were thereby authorised and commanded , to raise Monies BY IMPOSITIONS , OR OTHERWISE as they in their wisdoms should find most convenient ; the causes wherefore these Monies were to be raised were expressed to be these , THE DEFENCE AND SAFETY OF THE KING , KINGDOM AND PEOPLE , and of the Kings , Friends and Allies beyond the Seas , which WITHOVT EXTREMEST HAZARD OF THE KING , KINGDOM , AND PEOPLE , and of the Kings Friends and Allies can admit of no longer delay . INEVITABLE NECESSITY , wherein form & circumstance must rather be dispenced withall , than the substance lost ; the Commissioners must be diligent in the service , and not fail therein , as they tender his Majesties Honor , and THE SAFETY OF THE KING AND PEOPLE . Here Salus Regni periclibatur , the whole Kingdom was declared to be in danger , in greater and nearer danger then any now appearing . In the Parliament of 3. Caroli , the House of Commons having notice given them of this Commission , sent for it , and upon debate thereof , without any one dissenting voyce , Voted and adjudged it , TO BE AGAINST LAW , and CONTRARY TO THE PETITION OF RIGHT ( though only sealed , and never put in execution ) and then desiring a Conference about it with the Lords in the painted hamber ( whereat I my self was present ) Sir Ed●●rk Cook by the Commons appointment , after the Commission read by Mr. Glanval , manifesting the illegality strangeness and dangerous consequences of it to the whole Kingdom , in an elegant Speec● and Argument amongst other express 〈…〉 MONSTRVM HORRENDVM , INFO●ME , N●●NS ( descanting upon every one of the words ) ye , blessed be God CVILUMEN ADEMPTUM , whose eyes were pulled out by the Commons in Parliament ( which they hoped their Lordships would second ) before ever it saw the Sun , or was fully brought forth into the world , to consume and devour the Nation . The Lords hereupon fully , and unanimously concurred with the Commons , ADJUDGING IT TO BE AGAINST LAW , and THE PETITION OF RIGHT , and FIT TO BE ETERNALLY DAMNED ; and upon the Lords request to the King , this Commission was cancelled in his Majesties presence by his command , and brought cancelled to the Lords House , by the then Lord Keeper , and by them sent cancelled to the Commons House for their satisfaction ; who returned it back to the Lords with their thanks for their care and concurrence with them herein . Therefore being thus solemnly damned , and crushed in the shel , by the judgement and unanimous Votes of the Commons , Lords , and King Charls himself in that Parliament , as against the Law of the Land , and contrary to the Petition of Right ( then newly passed in that Parliament ) it seemed very strange and monstrous to me , that any Pretenders to publik Liberty , Law , Right , or any new Governours , and Councel-table at White-Hall , should presume to revive , and actually impose any such illegal , damned Impositions , and monstrous execrable Excises on the exhausted people now , upon the self-same pretexts of publique safety , and inevitable necessity . The rather , because I informed him . Secondly . That the last Parliament of King Charles , about 13 yeares after this first Judgement had , in four severall Printed Declarations , Remonstrances , Votes ( to which most now in power were Parties and Consenters ) revived , approved , ratified and insisted on this primitive sentence of condemnation against Excise , as most illegall and detestable . 1. In and by the Speech and Declaration of Mr. Oliver St. John , his Majesties Solicitor General , delivered at a conference of both Houses of Parliament , concerning Ship-mony , 14 January 1640 published by the Commons Order , page 13 , 15 , 16 , 19. I am commanded by the House of Commons , ( saith he ) to present to your Lordships considerations those things which SATISFIED THE COMMONS . First , The Commissions for the Peace with the instructions . Secondly , A COMMISSION CALLED THE COMMISSION OF EXCISE &c. This was dated ultimo Febr. 3. Caroli . It was dated after the Summons to that Parliament . This Commission issued to 33 Lords , and others of his Majesties privy Counsell . The Commissioners are thereby commanded to raise monies by impositions and otherwise , as in their judgements they shall find to be most convenient . The causes wherefore these monies are to be raised , are exprest to be these , The defence and safety of the King and people , which without extremest hazard of the King , Kingdome , and people , and of the Kings freinds and Allies beyond Seas , can admit no longer delay . INEVITABLE NECESSITY , wherein forme and circumstance must rather be dispenced withall then the substance lost . The Commissioners must be diligent in the service , and not faile therein , as they tender His Majesties Honour , and the safety of the Kingdome and people . Here , salus Regni periclibatur , the whole Kingdome declared to be in danger , in greater and nearer then in the opinions , the Ship-writs or Judgements in the Chequer . In the Parliament of 3. Caroli , this Commission was adjudged by the Commons TO BE AGAINST THE LAWS OF THE REALM , AND CONTRARY TO THE JVDGEMENT GIVEN IN THE PETION OF RIGHT ; and after a conference with your Lordships , your Lordships desired His Majestie , that it might be CANCELLED : the then Lord keeper brought it shortly after Cancelled to your Lordships in the House , and there said , that it was Cancelled in his Majesties presence . You sent it Cancelled to the Commons to be reviewed , Who afterwards sent it back to your Lordships . My Lords , wee have not cited these Presidents of that Parliament , out of diffidence that your Lordships have forgot them , but because other have ; or that wee distrust your Lordships Justice , if you had forgot them ; for before these were , your Lordships concurred in opinion with your worthy Ancestors , that first gave them : their Noble blood runs in your veines . It is now TO CONFIRM YOVR OWN IVDGEMENT AS WELL AS THEIRS in your Lordships brest . There ARE NOW THE SAME MAGAZINES AND FOVNTAINES OF HONOVR AND IVSTICE AS WAS THEN . THESE IVDGEMENTS AND PROCEEDINGS WERE THE ACTIONS OF BOTH HOVSES : the DANGER by the violation IS EQVALL . So hee , and the Commons then resolved : with what face or color of Law and Justice then , can any persons revive , impose , exact , or justify this illegall Tax and Excise , now , ( especially by a meer extrajudiciall White-hall edict , more illegall then that Commission under the great Seal , by the Kings and the whole Counsells Order ) who thus publikely censured the bare designe of imposing it by the King and his Councell-table then , by Commission under the great Seal of England , which their paper Edict wants ? 2 In a Remonstrance of the State of the Kingdom , 15 December 1641. ( which I then read to the Excise-man ) made , Printed and published by the whole Commons House of Parliament , and some of our present Grandees , then Members of it , Exact collection page 3. 4. 6. Wherein relating , the pressing miseries and calamities , the various distempers and disorders , which had not only assaulted , but even overwhelmed and extinguisht the LIBERTY , peace and prosperity of this Kingdom , &c. The root of all this mischief , wee find ( say they ) TO BE A MALIGNANT and PERNICIOVS DESIGNE OF SVBVERTING THE FVNDAMENTALL LAWS and PRINCIPLES OF GOVERNMENT , upon which the Religion and IVSTICE of this Kingdome are formerly established . The Actors and promoters hereof have been . 1 THE JESVITED PAPISTS , WHO HATE THE LAWS , as the obstacle of THAT CHANGE and subversion of Religion , which they so much long for ▪ &c. As in all compounded bodies , the operations are qualified according to the predominant Elements : so in this mixt party ( let our late and new puny Statesmen observe it ) THE JESVITED COVNSELS BEING MOST ACTIVE and PREVAILING , may easily bee discovered to HAVE HAD THE GREATEST SWAY in all their determinations ; and IF THEY BE NOT PREVENTED , are likely to DEVOUR THE REST , and to turn them INTO THEIR OWN NATURE , &c. The first effect and evidence of their recovery , and STRENGTH was , the dissolution of the Parliament at Oxford , &c. The precipitate Breach with France , by taking their ships , &c. The Peace with Spain , &c. The charging of the Kingdom with billeted Souldiers in all parts of it , and the concomitant design of * German Horse , that the Land might either SUBMIT WITH FEAR , or BE ENFORCED WITH RIGOVR TO SUCH ARBITRARY CONTRIBUTIONS , AS SHOVLD BE REQVIRED OF THEM . The dissolving the Parliament in the second year of his Majesties reign , the exacting the proportion of five Subsidies , after the Parliament dissolved , by Commission of Loan , and divers Gentlemen and others imprisoned for not yeelding to pay that Loan . AN UNJVST and PERNICIOVS ATTEMPT TO EXTORT GREAT PAIMENTS FROM THE SUBJECTS BY WAY OF EXCIZE , and A COMMISSION GIVEN UNDER SEAL FOR THAT PURPOSE ; ( yet damned before put in execution ) The Petition of Right which was granted in full Parliament blasted , &c. and the Petition made of no use , but to shew the bold and presumptuous injustice of such Monsters , as durst break the Laws , and SUPPRESSE THE LIBERTIES OF THE KINGDOM , after they had been so solemnly and evidently declared . Another Parliament dissolved , 4. Caroli ; the Privileges of Parliament broken , by imprisoning divers Members of the House , detaining some of them close Prisoners for divers Months together , &c. Upon the dissolution of both these Parliaments , UNTRVE and SCANDALOUS DECLARATIONS PUBLISHED , TO ASPERSE THEIR PROCEEDINGS , and SOME OF THEIR MEMBERS , TO MAKE THEM ODIOUS , and COLOUR THE VIOLENCE WHICH WAS USED AGAINST THEM . * Tunnage and Poundage hath been received without colour or pretence of Law , many other heavie IMPOSITIONS CONTINVED AGAINST LAW , and some so unreasonable , that the Sum of the charge exceeded the value of the goods . The Book of Rates lately inhanced to an high proportion , and such Merchants as would not submit TO THEIR ILLEGAL AND UNREASONABLE PAYMENTS , were vexed and oppressed above measure , &c. A new and unheard of Tax of Ship-mony was devised , upon pretext of guarding the Sea , &c. the exactions of Coat and Conduct mony , and divers other MILITARY CHARGES ; the taking away of the Arms of the Trained Bands of divers Counties ▪ the restraint of the Liberties of the Subject in their habitations , Trades , and other interest ; their vexation and oppression by Salt-peeter-men . Great numbers of the Subjects for refusing those unlawful Charges , have been vext with long and expensive Sutes , some Fined and Censured , others committed to long and hard Imprisonments and Confinements , to the losse of health in many , of life in some , and others have had their Houses broken up , their Goods seized . Some have been restrained from their lawful Callings , Judges have been put out of their places , for refusing to do against their Oathes and Consciences . Others have been so awed , that they durst not do their duties . Lawyers have been checkt for being faithfull to their Clients , &c. New OATHS have been forced upon the Subjects AGAINST LAW , NEW JVDICATORIES ERECTED WITHOUT LAW . The COVNCEL TABLE HAVE BY THEIR ORDERS OFFERED TO BINDE THE SUBIECTS in their Free-holds , Estates , Sutes , and Actions ; if all and every of these , by the resolution of the whole Commons House , and many in late and present power , were the fruits and effects of the most active and prevailing Jesuited Counsel then , out of a malignant and pernicious design of subverting the fundamental Laws and Principles of Government , &c. What are all and every of these particulars of late years , and still acted over and over again , in a far higher , open , more avowed degree then ever , by persons in greatest power , and parties to this Remonstrance , but the very effects and products of the self-same Jesuitical prevailing Counsels , and those many Jesuits now swaying , and sitting in Counsel amongst us ( as some Grandees have lately averred in their * printed Speeches , as well as private Conferences ? ) And if the very damned Commission of Excize before ever it was put in execution , was so many years after thus publickly branded for an unjust and pernicious attempt and result of Jesuited prevailing Councels , to extert great payments from the Subject ; What is the late and present violent illegal imposition , collection , extortion of , from the exhausted people , by Excize-men , Forfeitures , Penalties , Fines , Confiscations , Seisures of Goods , and Arms , Troopers in some eases , and that by a new erected Councel-Table Ordinance ( as they stile it ) presuming not only to make binding orders for private men , but * MANY and MANIFOLD BINDING LAVVS and ORDINANCES for our three whole Kingdoms , printed in Folio ; and TO IMPOSE Monthly Contributions , EXCIZES , CUSTOMS , TVNNAGE and POVNDAGE ON THEM FOR SUNDRY MONTHS and YEARS YET TO COME , against the expresse Letter of the Great Charter , the Petition of Right , all fore-cited Statutes , Judgements of Parliament , and to repeal all these Laws , with others at once , as well as to erect new Judicatories , and impose such new Oathes and Restraints on their new Modelled Parliaments themselves , and the three whole Kingdoms , which no English King , nor Council-Table ever did in any age ? The Lord give them , and the whole Nation , hearts to consider , repent , reform it , to prevent those * manifold mischiefs and combustions which else may ensue upon it , and the evils such bad Presidents may produce in after ages , if not crushed , reversed , suppressed in the shell ; being set on foot by those who professe themselves the greatest Patrons and Protectors of our Fundamentall Liberties , Franchises , Laws , Rights , Parliaments , which they totally subvert , and the grandest enemies to arbitrary Government , Tyranny , Oppression , and Jesuiticall Practices , of which they over-much favour ; if this Remonstrance of the whole House of Commons be Judge , and such of themselves who were Parties to it . In * A Declaration of the Commons assembled in Parliament , for bringing to condign punishment those that have raised false and scandalous rumours against the House , how THAT THEY INTEND to assesse every mans Pewter , and LAY EXCIZE UPON EVERY COMMODITY . ( which I shewed and read to the Excize-man . ) Die Sabbati 8 October . 1642. THe Commons House in Parliament , receiving information , that divers publike rumours and aspersions , are by Malignant persons cast upon this House , that THEY INTEND to assess every mans Pewter , and LAY EXCISE VPON THAT and OTHER COMMODITIES , the said House , for their vindication therein do declare , THAT THOSE RUMORS ARE FALSE and SCANDALOVS . And for as much as these false rumors and scandals , are raised by ill-affected persons , and tend much TO THE DISSERVICE OF THE PARLIAMENT , it is therefore ordered , that the Authors of these false and scandalous rumors shall be scarched and inquired after ▪ and apprehended and brought to this House TO RECEIVE THEIR CONDIGNE PVNISHMENT . Ordered by the Commons in Parliament , that this be forthwith Printed and published ( as it was accordingly ) . By this Declaration it is most apparent , 1 That the very name and imposition of Excise ( condemned so newly and frequently in Parliament both by the Commons and Lords ) was so odious and detestable to the whole House of Commons now , that they utterly disclaime in publick by this Declaration ( after the warres begun ) the very thought and intention of imposing it on Pewter , or any other commodities . 2 That they renounce and brand the very first rumors and reports , that they intended to lay Excise upon any commodity , as false rumors and scandals raised by ill-affected persons . 3 That these false reports and rumors tended much to the disservice of the Parliament . 4 That the Authors of them , should be searched , inquired after , apprehended , and brought to the House as Delinquents , there to receive condigne punishment . What punishment then do the imposers , exactors , and levyers of it deserve ? with what face , Justice , Honesty , conscience , then can any who were parties to this Declaration , after this publick disclaimer , lay Excise both upon Pewter and most other commodities , and justify the levying of it by force and violence , as some of them soon after did , and others have since presumed and continued to do ? verily , as I at first , and ever since this strange imposition , much grieved at , and protested to sundry of them against it in private , from time to time , with all earnestness , and some years since penned a publick Protestation against it , with an intent to print it , had it not miscarried ; so I observed , that the laying on of this strange Imposition on the people , against this Declaration and the other premises , was that which first and most of all alienated the peoples hearts and affections from the Parliament , gave greatest scandal to their real Friends , and most advantage to their Enemies ; and some principal promoters of it were soon after blasted in their reputations , and taken out of the World by death ; and what sad and forcible Dissolutions , and unparalleld Ruptures , the real , and other fictitious Parliaments since have come to on a suddain ( by those they most relied on for protection ) which first imposed , and afterwards continued this and other illegal Taxes on the oppressed people against their own Delcarations , Judgements , and all former Laws , and what confusions they have brought on our three Nations , instead of Peace , Ease , Settlement , Liberty , Safety , Tranquillity , we have all of late years beheld with admiration and astonishment ? and let others now beware by their examples , how they still continue them on the exhausted generally discontented Nation . Laesa patientia fit furor , Men will not be always mocked , oppressed in this kinde , but will cry out , VIOLENCE and SPOYL , Jer. 20. 8 , 9. And the burning fire shut up in their bones against it , will breakforth into a fury at last , it will not be stayed or quenched , * but with the ruine of the Tax-masters , 1 King. 12. 15. to 20. This imposing of Excize , and other Taxes against Law , and the fore-cited Judgements , drew this just Censure from the late King , and the Lords and Members of the Commons House at Oxford , against the first Imposers and Exactors of them , in their * Letter to the Earl of Essex the General of the Army , Janu. 27. 1643. to which they subscribed all their names , That it were well , as they still presse upon THE KINGS MAINTENANCE OF THE LAVVS , they would also know , that their obligation to observe the same is reciprocal , and whiles they here resolve to defend the full power of this Parliament ( which in their sense can be no other than the power they have exercised this Parliament ) they would take notice , that they are therein so farre from the observation OF THE LAVVS , that THEY DESPERATELY RESOLVE AN UTTER SUBVERSION OF THEM ; for what can tend more to the destruction of the Laws , than to usurp a power to themselves , without the King , and against his will , to attribute to their Orders , or pretended Ordinances , THE POWER OF LAVVS and STATVTES , TO ENFORCE CONTRIBUTIONS , LOANS , and TAXES OF ALL SORTS FROM THE SUBIECT ; to imprison without cause shewed , and then prohibit Writs of Habeas Corpus for their enlargement . TO LAY EXCIZES VPON ALL COMMODITIES ; to command and dispose of THE LIVES and ESTATES of the Free-born Subjects of this Kingdom at their pleasure , TO IMPOSE TUNNAGE and POUNDAGE , CONTRARY TO THE LAW DECLARED IN THE LATE ACT FOR TUNNAGE AND POUNDAGE , and all this done and justified by a LEGISLATIVE POWER founded and inherent in them ? All which ARE MANIFEST BREACHES OF THE PETITION OF RIGHT , and MAGNA CHARTA , THE GREAT EVIDENCES OF THE LIBERTIES OF ENGLAND ; which Charter bounds them by expresse words , as us , THOUGH ASSEMBLED IN PARLIAMENT , as well as the King ; and though it be not now , as heretofore it hath been , taken by solemn Oath on the Peoples part , as well as on the Kings , nor a Curse , as heretofore pronounced on the Violators ; yet they HAVING TAKEN A PROTESTATION TO MAINTAIN THE LAWS , and LIBERTIES , and THE PROPERTIES OF THE SUBJECT , and inclusively THAT CHARTER , let them take heed whilst they make use of this their PRETENDED POWER TO THE DESTRUCTION OF THE LAW , LEST A CURSE FALL UPON THEM , and UPON THEIR POSTERITY . What a suddain unexpected curse and blow fell upon some of the principall Promoters of these illegal Taxes , Excizes , and Innovations first , and upon both Houses afterwards , by the Army raised for their preservation , for whose support and pay all these Taxes were first invented , and imposed by a new way of Ordinances ( never * heard of , or used in Parliaments in any former age ) we all know by sad experience , and let our present White-hall , and other Grandees , who late did , and still continued them in an higher degree with farre less colour of Parliamental authority , consider the Premises , and their downfall , lest they incur the same , or a worse Curse and Judgement , for imposing , and continuing still upon the exhausted people , these illegal , unusual oppressions , by as new illegal Self-created powers , and pretended necessities , of their own making and lengthening . And if they allege , It is just so to continue EXCIZES on the people , till all the Debts secured by them be fully satisfied to such particular persons who took this new Revenue for their Security . I Answer , First , it is the Highest injustice to continue an illegall damned detestable publike Tax and oppression on the whole English Nation , ( specially by as illegall wayes and powers ) to satisfy private mens interests , Debts or pretended arreares . Secondly , That those who advanced any monies upon such an illegall oft-condemned security , deserve justly to be punished with the losse of their Debts , because the cheif instruments of continuing and supporting this heavy greivance to the whole Kingdomes injurious oppression . Thirdly , That those pretended Debts being advanced only for the support and maintenance of those illegall arbitrary powers which impose and dispose of these Taxes at their pleasure , not for the publike weal , ease and benefit of the Nation ; it is just they only should defray them out of their owne private estates who first made and thus secured these Debts , for their owne advantage rather than the peoples : it being a rule in Law , and common equity , Qui sentit commodum sentire debet et onus . Fourthly , The Lawes of England will rather suffer a private mischief , than a generall inconvenience : therefore better these pretended Debtors should suffer , to teach them more wisdome , and love to their owne liberties , Lawes , Country , and Country men hereafter , than that the whole Nation should be still oppressed and robbed by EXCISES and other illegall Taxes ; Wee must not rob Peter to pay Paul , much less the whole Nation , to pay a few rich Vsurers , who have ( most of them ) gotten great Estates , by publike Brocage , and making the whole Nations purse and faith their security and morgage , who never really made any contract with them for any loan of monies , taken up upon their credit , nor entrusted any others with such a power to make them their endless . Debtors and pay-masters til doomes-day . 4 As the whole House of Commons severally , so it and the House of Lords too joyntly , after this , in their second Declaration against Commission of Array , 12 Jan : 1642 Printed and published by it self first , and after in exact collection page 884 , 885. by their speciall Order , recite , approve , ratify and insist on the forecited Judgement given against the Commission of Excise 3. Caroli . Where thus they declare ( which I likewise read ) Wee shall further clear this our seuse of the Petition of RIGHT , that it did intend TO TAKE AWAY ALL CHARGES OF WHAT NATURE SOEVER TO BE IMPOSED ON THE SUBJECTS BY THE KING ALTHOUGH FOR DEFENCE OF THE KINGDOME IN TIMES OF DANGER , by Authorities beyond all exceptions , &c. By the JUDGEMENT OF THE KING , THE LORDS and COMMONS , after the Petition passed . There was a Commission questioned IN PARLIAMENT , called THE COMMISSION OF EXCISE &c. ( reciting the effect , and ground of it in the words aforementioned , and THE NECESSITY SO INEVITABLE , that form and circumstance must rather be dispenced with , than substance lost &c. ) In that Parliament of 3 Carolt , this COMMISSION WAS RESOLVED BY THE LORDS and COMMONS TO BE AGAINST LAW , and CONTRARY TO THE PETITION OF RIGHT ; and upon the Lords desire to his Majesty , the same was Cancelled in his Majesties presence by his command , and was brought Cancelled to the House of Lords by the then Lord keeper , and by them afterwards sent to the Commons . By all that hath been said , it appeares ; THAT TO DEFEND THE KINGDOM IN TIME OF IMMINENT DANGER , IS NO SVFFICIENT CAVSE TO LAY ANY TAX OR CHARGE VPON THE SUBIECTS WITHOVT THEIR CONSENT IN PARLIAMENT : which they further prove by the Act then newly passed against Ship many . How any who were parties to this Declaration ( as some in present power were ) or any Patrons or Protectors of the Lawes , Liberties , properties of the Subject , or privileges of Parliament , can since this , or now , impose or justify the laying of Excise or any other Impost Tax or Tallage whatsoever , upon the people , out of Parliament , by any White-hall Order , upon pretext of any Imminent danger or necessity , against this Declaration and resolution ; or any under Officers of theirs exact Excise from me or any other English freeman by their un-parliamentary papers , transcends my understanding to conceive . Thirdly , It is Declared and Enacted by severall Printed Acts of Parliament , made by both Houses , and * assented to by the King himself 16 & 17 Caroli : That no Custome , Impost , Tunnage , or Poundage is due , or can be imposed on any Goods or Marchandize , imported or exported , without . AN ACT OF PARLIAMENT ; and that all such persons who shall exact or receive the same , without an Act of Parliament ; and grant and consent both . OF THE LORDS and COMMONS IN PARLIAMENT , SHALL INCURRE THE FORFEITURE and PENALTY OF A PRAEMUNIRE . This Impost of Excise on Hops , and other Merchandize , falls within the generall compasse of these Acts . And therefore I advised the Excize-man , with all Customers , and other Officers , to take heed how they demand or take Excize , or any other Imposts , Customs , Tunnage or Poundage , by colour of a White-hall , or any other Ordinance , not made by both House of Parliament , and setled by a real Act of Parliament , lest they incur the penalty of a Premunire , and smart for it in conclusion , as some of the late Kings Officers did , if ever Law , Justice , or true English Parliaments come to take place again in the Nation , as no doubt they will in Gods due time ; when such illegal paper Ordinances , or feigned spurious Acts of * illegal Parliaments will be no Plea to excuse or extenuate their crimes . Fourthly , After the late Kings beheading , the Army , Officers , and other Commoners who continued sitting at Westminster , without the Majority of the secured and secluded Members , or House of Lords , and arrogated to themselves ( beyond all former Presidents ) the Name and Title of the Parliament of England , in their Declaration of the 17. Martii , 1648. expressing the grounds of their late proceedings against the King , and setling the present Government in the way of a Free State , p. 7 , &c. ( which I read to the Excize-man ) charged the King , as out-going all his Predecessors in evil , in that after the Loans and other Oppressions , which produced that MOST EXCELLENT LAW OF THE PETITION OF RIGHT , most of them were again acted presently after the Law made against them , which was palpably broken by him , almost in every part of it , very soon after his solemn consent given unto it , BY HIS IMPRISONING and PROSECUTION OF MEMBERS OF PARLIAMENT for opposing his unlawfull will , and of divers worthy Merchants FOR REFUSING TO PAY TUNNAGE and POVNDAGE BECAUSE NOT GRANTED BY PARLIAMENT , yet EXACTED BY HIM EXPRESLY AGAINST LAW , and punishment of many good Patriots , for not submitting to what soever he pleased to demand , though NEVER SO MUCH IN BREACH OF THE KNOWN LAW . His design to bring in the German Horse TO AWE US INTO SLAVERY , and his hopes of compleating his Grand Project of * SHIP-MONY , 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 STRANGE IMPIETY and UNNATURALNES for THE KING OF ENGLAND , that nothing can answer it but his own being a Foreiner , neither could it easily have purchased belief , but by his succeeding visible actions in full pursuance of the same . As the * Kings coming in Person to the House of Commons to seize the five Members , whither he was followed with * some hundreds of unworthy debauched persons , armed with Swords and Pistols , and other Arms , and they attending at the door of the House , ready to execute whatsoever the Leader should command them ( but yet secured , secluded , or offered violence to none , nor ever entred the House , as the Souldiers did both before and since . ) Upon all these and many other unparralleld Offences , upon his breach of Faith , Oaths , and Protestations , and let all the world of indifferent men judge , whether the Parliament ( so they term themselves ) HAD NOT SUFFICIENT CAUSE TO BRING THE KING TO JUSTICE . It seems strange to me , that any of those who thus remonstrated against the late King , and justifie the bringing of him to Justice for all and every of those particulars , should before and since imitate or exceed him in all and every of those particulars ; and more especially in the EXCISE ; so diametrically contrary to the excellent Law of the Petition of Right , as the premises resolve ; which EXCISE he never exacted or put in execution , after the damning of the foresaid Commission . And let all the world of indifferent men judge , whether the Parliament and people of England , have not as just , as sufficient cause to bring them to Justice for it ; as ever they had , or pretended to have , to bring the King to Justice for the same : if Rom. 2 1 , 2 , 3. be either good Law or Gospel : the rather , because they resolve in that Declaration , an unaccomptable Officer ( as the King pretended himself ) to be a STRANGE MONSTER IN NATNRE and no wayes to be suffered in any State or Government . 5 Whereas the Excise man , pretended Excise for Hops , to be a duty by vertue of a White Hall late Ordinance , as he termed it : I therupon read unto him the 36 articles of the Government of the Common-wealth of England , &c. viz ; That the Laws shall not be altered , ●uspended , abregated or repealed ; nor ANY NEW LAW MADE , NOR ANY TAX , CHARGE OR IMPOSITION LAID UPON THE PEOPLE , BUT BY COMMON CONSENT IN PARLIAMENT ; Save onely as is expressed in the thirtieth Article , viz. That the raising of money for defraying the charge of present extraodinary Forces , both by Land and Sea , in respect of the present Warres , SHALL BE BY CONSENT IN PARLIAMENT , and NOT OTHERWISE : Save onely that the Lord Protector , with the consent of the Major part of his Councell , for preventing the disorders and dangers which may otherwise fall out both by Sea and Land , shall have power UNTILL THE MEETING OF THE NEXT PARLIAMENT , to raise Money for the purposes aforesaid , as also to MAKE LAWES and ORDINANCES for the peace and welfare of these Nations , where it shall be necessary , which SHALL BE BINDING & IN FORCE , untill order shall be taken in Parliament concerning the same . And this clause in the oath , p. 46. I do swear and promise in the presence of God : that I wil not violate or infringe the matters & things contained therin , but to my power observe the same , and cause them to be observed . And shal in all other things , to the best of my understanding GOVERN THESE NATIONS ACCORDING TO THE LAWS , STATUTES and CUSTOMES . Now admit this Instrument & Saving to be valid and legal ; yet it limiting the Whitehall power of raising monies ( and that onely for the Forces by Land and sea in respect of the Warres , which are ended ) till the meeting of their first Parliament ( and no longer ) which was past in their accompt 23 dayes before this demand of Excise for Hops , as a duty ; those very articles of the Government discharged me and all others from it ; by vertue of any Whitehall Power or Ordinance . But this saving being contrary to the body of the Articles ; to all the forementioned Statutes , Great Charter , Petition of Right , Judgements and resolutions of Parliament , and destructive to the Priviledges and Rights of Parliaments themselves , in whom the Legislative and Tax imposing authority wholly , solely and incommunicably resides , as all our Parliaments Statutes , Law-books , Records , Histories in all ages have resolved , and the body of these two Articles confesse , it must needs be void and nugatory to all intents and purposes in all Lawyers , and judicious mens Judgements , and can give them no legall or reall authority to make binding lawes , Ordinances , or impose any Taxes , imposts , or Excises by colour thereof . If the Parliament it self by speciall Act of Parliament , should give any speciall Committee of Lords and Commons Authority or Power to make binding Statutes , Acts , Ordinances , or to impose Taxes on the people , or repeal or alter any former Lawes and Statutes with the Kings Royall assent , as the Parliament of 21 R. 2. c. 16 , 17 , 18 , 19 , 20. did ; yet all such Acts , Ordinances , Laws , Taxes , alterations , repeals of Lawes , would be null and void , though ratified by the Kings consent , and ought wholly to be revoked , reversed , voided and undone , repealed and adnulled for ever ; as being IN DEROGATION OF THE STATE OF THE PARLIAMENT , TO THE GREAT INCOMODITY OF THE WHOLE REALM , and OF PERNICIOUS EXAMPLE ; and NEVER TO BE DRAWN INTO EXAMPLE IN ANY FUTURE TIME , as is declared , resolved in the Printed Statute of 1. H. 4 c. 3. and more fully in the Parliament Rolls of 1. H. 4. num . 26. 48. 66. 70. worthy perusall . Much more then must the powers granted to any Person or Persons by this Instrument ( made out of Parliament , by persons yet unknown for the most part ) to impose any Taxes , or make binding Laws and Ordinance , be null and void to all intents , to oblige our whole three Kingdomes , or any one English F●een an , or alter , repeal any former Lawes or Statutes of the Realm by which the people are onely to be governed at all times . The Statutes of 31 H. 8. c. 8. and 34 H 8 c. 23 authorised the King for the time being with the advice of his Councell or the major part of them , to set forth Proclamations , ( in some cases onely ) under such pains and penalties , as to him and them should seem necessary ; which shall be observed AS THOVGH THEY WERE MADE BY ACT OF PARLIAMENT . Provided alwayes that this should not be prejudiciall to any Persons Inheritances , OFFICES LIBERTIES , GOODS , CASTLES OR LIFE ; In the passing of which Acts , many liberall words were spoken ( against Proclamations ) and a plain Promise , ( as well as proviso ) made , that by authority of the Act for Proclamations , NOTHING SHOULD BE MADE CONTRARY TO ANY ACT OF PARLIAMENT OR THE COMMON LAW ; as a Stephen Gardiner Bishop of Winchester , records and writes in his Letter to THE LORD PROTECTOVR in Edward the sixth his Reign , yet this power was held so dangerous , that it was repealed by the Statute of 1 E. 6. c. 12. But never did any Parliament grant any King of England , and his Councel the least power to make binding Laws , and Ordinances , or impose Taxes , Customes , Imposts or Excises in any age , nor to act any thing against any statute or the Common-Law ; much lesse against the Great Charter and Petition of Right . And therefore this power granted by this new illegall Instrument , to all or any at Whitehall , to make binding laws and Ordinances , and impose any Taxes , Customes , Imposts , or Excises , whatsoever is meerly void , null in Law to all intents ; and all Ordinances , Laws , Taxes , Excises , made and imposed by pretext thereof , wholly illegall , null and ineffectuall to all intents , and fit to be so declared by the whole Nation and their Trustees , to prevent the dangerous President and consequences of it in future times ) and the monthly Contributions , Excises , Imposts , Customes imposed by them for sundry Moneths , and years yet to come , against the very Letter of thirtieth Article , as well as of the forecited Acts , Declarations , and Letter of the Oath therein contained ( so soon after the taking of it ) must needs be esteemed and declared void , and no wayes to be owned or submitted to as binding , valid , legall , by my self or any others who have taken the Solemn Protestation , League , Vow , and Covenant to maintain and defend the lawes and liberties of the Realm , and Rights and Priviledges of our English Parliaments in our several places , and callings , with constancy , faithfulnesse , and sincerity according to our power , And this was that I then alledged against Excise in generall . As to the Excise for Hops in special , and that is to be paid by the owner and grower before any sale , I protested against it , as most unjust , and unreasonable for three Reasons . 1. Because men were inforced to pay full Monethly Contributions ( though illegally imposed ) all the year long to the value of the Ground and Land whereon the Hops do grow , which yields no other Crop or benefit , but Hops ; out of which both the rent to the Landlord , and likewise Contribution must be raised : And to enforce men to pay Excise out of that for which they pay full Contribution , without any deduction for the Excise : is a double Tax , and oppression for the self same thing , and they may as well exact Excise for any sort of Corn , and Hay , as for Hops , without defalcation for the Contribution out of the Land whereon they grow , there being the self same reason for both . 2. Because Hops are a great certain Charge , and most uncertain Commodity and Gain . The last year before this , there was such a blight , that I and others , had not the sixth part of the ready money disbursed out of purse for the dressing and polling of them ; and this year the crop of Hops was so small , that it would hardly quit the cost bestowed in dressing , polling , tying , gathering . And to enforce men to pay not onely monethly Contributions , but excise likewise , for that domestick native Commodity , for which they are out of purse , and so great losers without any gain , is to adde Oppression to affliction ; and against all Rules of Justice and Conscience . 3. Because by the Common Laws of England no Toll is due for any native vendible Commodity till it be sold by the Owner , as is resolved , 9. H. 6. 45. Brook Toll 2. and if a man buy Hops or any other Commodities , for his own private use and family , no Toll by the Common Law 28. Ass . 53. 9. H. 6. 25 Brook Toll 1. 7. Therefore to exact Excise for Hops , before their sale ; before we know when , or to whom , or at what rate to sell them , or if sold to any for the use of their particular families was both illegall and unreasonable . Upon all these grounds and Reasons , I declared and protested to the Exciseman ; that I was resolved upon no terms whatsoever to pay any Excise at all for Hops ; but to question and oppose it to my power according to my Protestation , Vow , Solemn League and Covenant , for my own and the whole Nations future case from this oppressing illegal grievance and Dutch-Devill , as most stiled it ; which I conceived all Patrons of publique Liberty would now cordially and unanimously joyn together throughout the Nation , to conjure down to Hell again , from whence it was first raised by those , who formerly condemned and sent it packing thither . The Excise-man hereupon answered with much Civility and respect ; That he would not have suffered any other , so to dispute the businesse with him as I had done : but his respects towards me were such , having been an eminent sufferer heretofore for Religion and Publick liberty , for which he well knew I had sustained very great losses in my estate , and being a Gentleman whom be truly honoured , that he would by no means bring my name in question ; and and herefore my Crop of Hops being so mean ( which he wished far greater ) he would demand nothing from me for them And so the Minister calling on me , to go to the Sermon ; he departed very friendly and fairly to his Iune , and I unto the Church to the Lecture . Since which being informed , that other Excise-men in Glocester shire have most strictly exacted Excise for Hops from others of my friends by colour of this Whitehall Ordinance ; and that the buyer will be forced to pay Excise for my Hops , though nothing be demanded from me ; which will be deducted out of the price : although the value considered in it self will be very small , yet since the consequence of it , is and will be very great to the whole Nation , as well as prejudiciall to my self and friends , both for the present and future ; I held it my duty to make this my private Declaration and Protestation , publick , for the present and future benefit of the whole English Nation , to whose Judgements , Consciences , Censures , I humbly submit it , at this season . The rather because it pleased God the very next morning after this my Declaration and Protestation made to the Excise-man , to take out of this vale of Misery , my dearly-beloved Christian Brother , and fellow sufferer , for Religion and liberties , Doctor John Bastwick : And therefore seeing I know not how many dayes or hours I may survive him , or whether I shall have any more time , or so seasonable an opportunity to publish any thing of this subject , or to do any further service in these last and perilous times , for the Church and people of God , or my native Countrey , by compleating those larger works , intended by me for posterity , if God shall prolong my life , health and Liberty , I thought meet , whilst I had life and opportunity , to do what good I could , a whiles it was in the power of my hand to do it ; and whiles I had this by me . It was our Saviours own Speech and practise , John 9. 4. I must work the works of him that sent me , whiles it is day ; the night cometh when no man can work . And it is Gods own advice and precept , Eccles. 9. 10. Whatsoever thy hand findeth to do , do it with thy might , for there is no work , nor device , nor knowledge , nor wisdome in the grave , whither thou goest : And therefore lest this small usefull Piece , ( as I conceive it ) should dy and perish with me ; I have endeavoured to make it publick , b before I go hence and be no more : and if it please almighty God to infuse such a vigorous spirit into it , and bestow such a transcending blessing on it , as to make it instrumentall by his Omnipotency , to give a mortall wound to all those illegall Excises , Taxes , Imposts , &c. under which our impoverished Nation hath so long groaned and languished ( in these times of cheapnesse of all Corn , and Countrey Commodities , and scarcity of Coyn , is no way able any longer to pay or bear ) or to bring them to , or bury them in the grave of perpetuall obscurity , so as never to rise up again , before I die : I shall then with old Simeon joyfully sing a Nunc dimittis : And if it stand with Gods blessed pleasure ) say with the triumphant Prisoner and martyr of Jesus Christ , Saint Paul , 2 Cor. 4. 6 , 7 , 8. I am now ready to be offered , and the time of my departure is at hand : I have fought a good fight , I have finished my course , I have kept the faith : henceforth there is laid up for me a Crown of righteousnesse , which God the righteous Judge shall give me at that day , in heaven ; after all my Bonds , Imprisonments , Persecutions , Sufferings , ingrate requitall of my faithfull services for my God and Countrey here on earth . FINIS . Notes, typically marginal, from the original text Notes for div A91168e-310 a 1 Sam. 7. 15. a Pal. 51. a Metamorph. l. 1. * Seldeni No'ae ad Eadmerum . P. 190 , 191. Exact collection , p. 868 , 869. * See the Lords and Commons J●●●nals , 3. caroli , Exact collection , p. 885. Mr. St. Johns Speech and Declaration concerning Ship-mony , p. 15 , 16. * And have not English Horse of late years , and still , been billited in most Counties , for this very end ? Nota. * And are they not so now by a bare White-hall Order imposing them , till 1658. * 4. Septemb. 1654. in the Painted Chamber . * See the Government of the Common-wealth of England , Artic. 30. The Ordinances printed in Folio amounting to near seven hundred and seven , pages . * See 21. R. 2. c. 11 , 12 , 13 , 16. 1. H. 4. c. 3 & Rot. Parl. 3. H. 4. N. 21 , 22 , 36 , 48 , 66 , 70. 31. H. 6. c. 1. 39. H. 6. c. 1. 17. E. 4. c. 7. * Exact Collection , p. 638. * See Doctor Beards Theatre of Gods Judgements , l. 2. c. 36 to 42. * A Collection of Ordinances , p. 453. * See my Irenarches Redivinus neor the end , where it is fully repeated . * See Exact Collections p. 789 , 790. * See 21 R. 2. c. 11 , 12 , 16. 1 H. 4. c. 3. rot . Parl. n. 22 , 23 , 36 , 48 , 66 , 70. 39 H. 6. c. 1. 17 E. 4 , c. 7 worthy perusal . * Now revived and imposed , amounting to forty thousand pound a Month. * Was it not a thing of more strange impiety and unnaturalness in the General and Officers of the Parliaments own Army , raised , paved , Commissioned , Sworn , and every way engaged for the defence of the Parliament of England , actually to engage and bring up the Army again and again , to Impeach , Secure , Seclude , and Dissolve both the reall and pretended Parliament of England before and since this Declaration ? * The Officers and Armies coming in person to seize forty three Members at once , seclude above two hundred more , and the whole House of Lords was certainly a farre greater Offence , especially after the branding of the Kings Act , and his repentance for , and disclaimer of it . * But the Army Officers , with some Thousands of the Army , better armed and provided . a Fox Acts and Monuments in the oldest Edition , p. 7. 41 See A New Discovery of the Prelates Tyranny , p. 210 , 211 , 212 a Prov 3. 27. b Psal. 39. 13.