A publike declaration and solemne protestation of the free-men of England and Wales, against the illegall, intollerable, undoing grievance of free-quarter. Prynne, William, 1600-1669. This text is an enriched version of the TCP digital transcription A91251 of text R203278 in the English Short Title Catalog (Thomason E426_3). 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. 22 KB of XML-encoded text transcribed from 6 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A91251 Wing P4044 Thomason E426_3 ESTC R203278 99863278 99863278 115468 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. A91251) Transcribed from: (Early English Books Online ; image set 115468) Images scanned from microfilm: (Thomason Tracts ; 67:E426[3]) A publike declaration and solemne protestation of the free-men of England and Wales, against the illegall, intollerable, undoing grievance of free-quarter. Prynne, William, 1600-1669. [2], 9, [1] p. s.n.], [London : Printed in the yeare. 1648. Anonymous. Attributed to William Prynne. Place of publication from Wing. Annotation on Thomason copy: "Feb: 7th"; the 8 in imprint date has been crossed out and date has been altered to 1647. Reproduction of the original in the British Library. eng England and Wales. -- Army -- Barracks and quarters -- Early works to 1800. Soldiers -- Billeting -- England -- Early works to 1800. A91251 R203278 (Thomason E426_3). civilwar no A publike declaration and solemne protestation of the free-men of England and Wales,: against the illegall, intollerable, undoing grievance Prynne, William 1648 3732 2 0 0 0 0 0 5 B The rate of 5 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2007-02 TCP Assigned for keying and markup 2007-03 Apex CoVantage Keyed and coded from ProQuest page images 2007-06 Pip Willcox Sampled and proofread 2007-06 Pip Willcox Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A PVBLIKE DECLARATION AND SOLEMNE Protestation OF The Free-men of England and Wales , against the illegall , Intollerable , undoing Grievance of Free-quarter . Printed in the yeare . 1648. A Publike Declaration and Solemne Protestation of the Freemen of England and Wales , against the illegall , intollerable , undoing Grievance of Free-quarter . WE the Knights , Esquires , Gentlemen , Freeholders , Citizens , Burgesses , and Freemen of the Realme of England and Domion of Wales , do hereby publikely declare , remonstrate and protest to the Honourable Houses of Parliament , the Army and Souldiery and all the world , that the keeping up of an overnumerous burthensome Army , since the Warres determined , and their forcible entring into our Houses , taking and eating up our provisions for horse and men , and free-quartering upon us , against our wills , to our ineffable vexation , oppression , and undoing ( especially in these times of extraordinary dearth , samine , and decay of trade ) is an expresse high violation of our fundamentall Lawes , Rights , Properties and Liberties , in the late just defence whereof against the King and his Malignant party , we have spent our estates , blood , and hazarded our dearest lives in the field ; a direct breach of Magna Charta c. 22. and 29. ( purchased with so much Noble blood of our Ancestors , ) prohibited by the a Satutes of 3. E. 1. c. 7. 28. E. 1. c. 2. 1. E. 3. c. 7. 4. E. 3. c. 3. 5. E. 3. c. 1. 14. E. 3. c. 19. 25. E. 3. c. 1. 36. E. 3. c. 2. 6. 9. 7. R. 2. c. 8. 2. H. 4. c. 14. 20. H. 6. c. 8. 21. H. 6. c. 2. 14. 28. H. 6. c. 2. which declare and enact the taking away of our provisions and goods of any sorts without our consents , agreeing with and paying us for them , even by Purveyours authorized by Law and Commission to be no lesse then felony , ( much more then when taken by Officers and Souldiers authorized by no Law nor Commission , under the great Seale to doe it ) and contrary to the very Letter of the Petition of right , 3. Carols , which declares the quartering of Souldiers and Mariners upon the Kings people against their wills in their Houses to be AGAINST THE LAWES and CUSTOMES OF THE REALME , and A GREAT GREIVANCE and VEXATION TO THE PEOPLE , and enacts , That they shall not be burthened therewith in time to come . We likewise further remonstrate , that King Richard the second in the Parliament held at Westminster Anno 1. H. 4 number 22 was among other things impeached and deprived of his Crowne , for raysing a guard of Cheshire Souldiers and quartering them as his Court to over-awe the Lords and Commons assembled in Parliament at Westminster in the 21. yeare of his reigne , to vote what he prescribed them , and to put the power of the whole Parliament into the hands of a few Lords and Commons of his party ; which b Souldiers did assault and beat the Kings good Subjects , and take from them their victualls against their wills , and payd therefore little or nothing at their pleasure , and not redressing the same upon complaint to their great oppression and discontent . That the whole House of Commons this present Parliament in their c Remonstrance of the State of the Kingdome December 15. 1641. ( published by their speciall Order ) declared . That the charging of the Kingdome with billited Souldiers heretofore ( complained of in the Petition of Right ) and the concomitant designe of GERMAN HORSE , that the Land might either submit with feare , or be enforced with rigour TO SUCH ARBITRARY CONTRIBUTIONS as should be required of them was a product of the Jesuites , Councells OF JESUITES , Papists , corrupt Prelates , Courtiers and Counsellors to enslave the Subjects and deprive them of their just Liberties . And that both Houses of Parliament and the King himselfe upon the House of Commons impeachment d attainted , condemned and executed Thomas late Earle of Strafford , Lord Duputy of Ireland for high Treason by a speciall Bill this Parliament , for quartering and sessing souldiers upon the Kings Subjects in Ireland , and levying forces and moneys on them by Officers and Souldiers of the Army against Law , by billeting on them till they were payd , ( declared to be a levying of Warre against the King and his people , and so High Treason within the Statute of 25. E , 3. for which he lost his head on Tower Hill ) contrary to the Statute of 18. H. 6 made in Ireland , ch. 3. which enacts ; That , no Lord , or ANY OTHER of what condition he be , shall bring or lead Hoblers , Kearnes , or horded men , nor any other people nor horses to lie on horse back or on foot upon the Kings Subjects without their good wills and consents : but upon their owne costs , and without hurt doing to the Commons of the Country ; And if any so doe , HE SHALL BE ADJUDGED A TRAYTOR . And the Statute of Kilkenny in 3. E. 2. c. 1. 2. which enacts and declares it to be meer felony and open Robery for any Kerne , to live idle on the tenants , farmers and poore people of the Country , or to take any prises , lodging or sojourning from them against the consent of the owners , or paying and agreeing with them for the same . We doe moreover further declare , that by the very e Statute and Common Law of the Land , every mans house is and ought to be his Castle ; which he his servants and friends may lawfully defend against all who shall forcibly , and illegally attempt to enter it against his will ; and justify the killing of any who shall violently assault the same or enter it feloniously against the consent , which to doe is Burglary , and a capitall Offence and that every Subject , may by the Common Law defend his goods with force and armes against any who shall illegally offer to take them away , against his consent and not paying for them which to take is direct robbery and felony for which the party taking them ought to suffer death and that the owner and his servants may lawfully justify the beating and killing of such theives in defence of their goods ; and may assemble his Neighbours and friends to defend his house and goods against such violence . Which and 〈…〉 Rights and Priviledges of ours , both Houses of Parliament , in above thirty Remonstrances , and by their Solemne League and Covenant , have promised and are daily engaged , under paine of breach of Faith , Honour , Trust , Oath , and the Highest disreputation , inviolably to maintaine . Yet notwithstanding all the premises , the Generall and Officers of the Army have ever since the votes of both Houses for the Armies disbanding in Aprill and May last , not only doubly recruited their forces farre above their first establishment when the King had two Armies in the field , and many strong Garrisons , without the Houses Order or privity , but quartered them upon us in our houses against our wills , and the Lawes and Statutes aforesaid , to the utter undoing of many thousands of us , not paying us one farthing for their quarters out of the many months pay they have since received ; but insteed therof have levyed treble their pay upon us , under colour of freequartering and compositions for it , the horse enforcing us to pay them 14. 16. and 20. shillings a weeke , and the foote , 6. 7. 8. 10. 12. and sometimes 14. shillings a man towards their quarters , and yet take quarters upon us and others , and sending fresh quarterers on us as soon as the former are removed : which we here protest and declare to be direct Burglary and Felony in them , and no lesse then Treason in their chiefe Officers , and a levying of Warre upon us , by this present Parliaments resolution in the Earle of Straffords case : for which we must now crave reparations and justice against them , and satisfaction for all the quarters thus forcibly taken on us ; being resolved to pay no more Taxes towards the Army , till all our quarters , and the mony raysed and extorted from us for compensation of it , be fully satisfied . And seeing divers Officers and Souldiers of the Army , notwithstanding the late Ordinances of both Houses against Free-quarter , and their and the Generalls and Officers engagements published in print , that upon our paying in of six moneths Contribution towards the Army upon the sixty thousand pounds tax , ( principally intended for Ireland , but now wholly Monopolized by the Army ) no Officer nor Souldier should after the 15. of January take free-quarter upon us under paine of death , against our wills , which notwithstanding they doe in many Counties , which have payd in their six moneths Contribution , refusing to obey the Parliaments Orders , and protesting they will take Free-quarter notwithstanding , and forcibly breake into our houses , and take away our provisions with more insolency then before : Wee doe here publikely remonstrate , and protest against this dishonorable breach of faith and promise , and this intollerable oppression , and cheating of us to our faces ; and demand open and speedy justice and reparations for the same , from the Houses and Generall ; and doe require and enjoyne all our Knights , Citizens , and Burgesses ( who are our Substitutes , and derive f all their authority and Commission from us , whom we have authorized only to maintaine our just Rights , Liberties and Properties , not to invade or betray them ) as they will answer the contrary at their perills to the Kingdome , and the respective Counties , Cities and Burroughs , for which they serve , to right themselves and us ; and make good the Houses and their own promises to us herein ; otherwise we are resolved never to trust , nor believe them more , and to disclame them for our Trustees or Representatives in Parliament for the future , for breaking of their trusts , and disobeying our Instructions . And because the quartering of Souldiers in our Houses against our wills , against the Houses and Generalls engagements , is such an intolerable Grievance and Vexation , as utterly deprives us of the freedome comfort , and command of our own houses , wives , children , servants , beds , stables , bread , heere , provisions for horse and men , which are all exposed to the arbitrary commands of every base dominiering , deboist and insolent Souldier and Officer , who command all we have , and may cut our throats at pleasure every houre in our own houses , where we cannot sleep nor remain secure , & now renders our condition worse then any Turkie-Gally-slave , undoing and enslaving us at once , even to those who were once our servants , and now become our Lords and Tyrants over us , who doe nothing but pick quarrels with us , and will be content with no ordinary provisions , purposely to extort compositions from us in money , above double and treble their pay : whereby they grow rich , and the whole Kingdome poore , even to extremity , all trading being now utterly gone and decayed by reason of Free-quarter and excessive raues daily multiplyed , which ingrosteth all the Treasure of the Kingdome , whereby trade should be supported and the poore employed ; who are now upon the point of starving , and are ready to rise up and mutiny in City and Country for want of bread and employment ; whiles many thousands of strong lusty boyes , youths , Souldiers , and their horses ( whose labours might much enrich the Common-wealth ) lye idlely like so many drones and Caterpillers upon us , taking both pay & free-quarter too for doing nothing , but eating , drinking , swearing , whoring , stealing , robbing , and undoing us , and the Realme too : We doe here publikely Protest and declare , against allowing any more free-quarter to any Officers or Souldiers on us for the future as such an intollerable and undoing Grievance , as we neither can nor will any longer undergoe ; and that if any of them shall hereafter , against our wills , forcibly enter our houses , or take away or devoure our provisions and goods ( as they have injuriously and feloniously done for many moneths last past ) wee are unanimously resolved to proceed against them for it , as Burglairs , Theeves and Felons , and to defend our houses and goods , against them with force and armes , with the hazard of our lives ; resolving rather to die Free-men , then live any longer Slaves , especially to those who have been our mercenary servants , and pretend they have hitherto fought and continued in armes together by their own authority , almost a full year against both houses Votes for their disbanding , of purpose ( as they pretended in their printed Declarations , though we find it otherwise ) to make us absolute Free-men ; Whereas we feele and discerne by wofull experience , that their designe is quite contrary , even to make us , the King , Kingdome and Parliament no other then conquered slaves , as many of them stick not to terme us to our faces , who dare not be any longer accessories and contributors to our owne and the Kingdomes imminent ruine , bondage and captivity in the least degree against our right and Covenant , and will no longer sit still , like so many tame silent fooles , and conquered slaves , whiles they put new yoakes of bondage on our necks , and fetters on our feet , to inthrall us to a more intollerable Arbitrary Power and Tyrannie , then ever the King or his Cavalliers intended in England , or Strafford himselfe in Ireland ; and rule us only by the Sword and Martiall Law ; And our very Knights , Citizens and Burgesses , representing us in Parliament , whom they impeach , suspend , expell the House , and over-awe by their power , new Guards and Garrisons put upon them , and the Lords House too , at pleasure , so as they neither can , nor dare to doe us that right , ease and reliefe against the Souldiery , as otherwise they would , and are bound to doe , being enforced daily to passe new Ordinances of Indempnity from them , even for their very felonies , burglaries , plunders and murthers too , for which they must not be questioned , which encourageth them now to commit the like offences with greater boldnesse then ever , in hopes of the like indempnity for the future , as they have forcibly obtained for what is past . Our (g) Historians record that in the Reigne of King Egelred the Danish Souldiers exercised such pride and abusive oppressions over the people in England , on whom they quartered , that they caused Husband men to doe all their vile labour , and the Danes held their wives in the meane time at pleasure , with daughter and servant : And when the Husband-man came home he should scarsly have of his owne as his servants had so as the Dane had all at his commandement and did eat and drinke his fill of the best , when the owner had scant his fill of the worst . And besides this , the common people were so of them oppressed , that for feare and dread they called them ( in every such house as they had will of and quartered in ) LORD DANE , which so vexed and discontented the people , that by secret Commission , from the King directed to all the good Towns , Burroughs and Cities of the Land , they were on St. Brice day , at a certaine houre assigned , all suddenly assaulted , and slaine by the people , every mothers sonne of them throughout all England : this slaughter of theirs beginning in Hertfordshire , at a little towne called Welden , for the which deed it took the first name , because the Weale of that County ( as it was then thought ) was there first won . And the Sicilians did the like to the Dominiering French forces , who oppressed them with their insolencies and free-quarter , cutting all their throats in one evening , and so freeing their Countrey from captivitie . Truly our condition now under the Lording Army and Souldiery hath been and yet is altogether as bad , if not worse in many places , then our Predecessors was under their free-quartering Lord Danes , or the Sicilians under the French forces : and we heartily wish it may not now produce the like Tragicall and bloudy effects , which pure necessity will enforce the Malignant and poorer sort now ready to starve , and the very best friends to the Parliament unto , for their own selfe preservation and defence , as we may justly feare , if not timely prevented by the Houses and Generalls strict care and discipline , in making good their Engagements to us , wherein they have hitherto failed , and speedily reduce the Army to such a small proportion of five or six thousand only , as they may well pay and master ; and quarter in Innes and Alehouses without any pressure to us . Being peremptorily resolved in their defaults , by Gods assisting power to right and ease our selves of them , and all other oppressing Grievances , by the best and most expeditions meanes wee may , to preserve our selves , our Posterities , Kingdome and neglected Ireland , ( whose supplies are wholly frustrated and engrossed by our idle super-numerary , and super-necessary Army and Souldiers ) from utter vassalage and ruine . And therefore we doe hereby earnestly desire and admonish all Officers and Souldiers at their utmost perill , from henceforth after this our publike Remonstrance , to take no more free-quarter , nor force any more moneys from us , against our wills ; but carefully to follow Iohn Baptist's Lesson to them ( a burning and shining Light ) Luk. 2. 14. And the SOVLDIERS likewise came to John , saying ; And what shall we doe ? And he said unto them : Doe violence to no man ; neither accuse any man falsely , and be content with your wages ; Lest they so farre discontent and enrage us so farre , as to fall a quartering of them in good earnest , which we heartily desire ( if possible ) to prevent by this timely admonition , and notice of our unalterable , just and necessary resolutions , from which neither feare nor flattery , nor intreaties shall remove us . And shall likewise humbly importune the Honourable Houses of Parliament to order and declare according to the Tenor of the Petition of Right that all Officers and Souldiers whatsoever shall be liable to the Jurisdiction , Arrests , Warrants and power of High Sheriffs , Justices of Peace , Mayors , Bayliffs , Constables , Tything-men , and other publike Officers of Justice , for Felonies , Breaches of Peace , and other misdemeanours punishable by the Lawes and Statutes of the Realme , as farre-forth as any other Subjects are and bee ; and that all those may be particularly enjoyned to discharge their duties herein ; and all Officers of the Army ordered to be ayding and assisting to them therein under paine of Fellonie and being casheered ; without which wee shall enjoy neither security nor peace in Country or City , no nor in our owne beds and Houses . FINIS . Notes, typically marginal, from the original text Notes for div A91251e-90 a Rastall . Tit. Purveyours ; and Warre . b Grastons Chron. p. 390. c An exact Collection . d Mr. St. Iohns his Majesties Sollicitor Generalls argument , at a Committee of both Houses , concerning the Earles Attainder by Hill , p. 35. 36 , &c. e 24. H. 8. c. 5. 21. Ed. 1. de Malefactoribus in Parcis , Fitz. Coron. 192. 194. 246. 258. 261. 330. 22. Asse 46. Stamford . Pleas . l. 1. c. 5. 6. 7. 11. H. 6. a 16. 14. H. 6. 24. b. 35. H. 6. 51. a. 9. E. 4. 48. b. 11. E. 4. 6. a. 27. H. 7. 36. 12. H. 8. 2. b. Brooke Corone . 63. Trespas . 207. Cooke . 5. Report . 91. Ashes . Tables . Coron . 6. 7. f This is evident by this clause of the Writ for their Election . Ita quòd iidem Milites , Cives & Burgenses sufficientem potestatem pro se & COMMVNITATE , Comitatus Civium & Burgensium praedictum ad faciendū & faciendū his , &c. Ita quod pr● defectu ejuusmodi potestatis dicta negotia infecta non remaneant quovis modo . (g) Grastons Chronicle , p. 162. 163. Cambdens Brittania , p. 143.