A legal Uindication Of the Liberties of England, AGAINST illegal TAXES And pretended Acts of Parliament Lately enforced on the PEOPLE: OR, Reasons assigned by WILLIAM PRYNNE of Swainswick in the County of Somerset, Esquire, why he can neither in Conscience, Law, nor Prudence submit to the New illegal Tax or Contribution of Ninety Thousand pounds the MONTH; Lately imposed on the Kingdom, by a pretended Act of some Commons in (or rather out of) Pa●liament. ESAY 1. 7. He looked for judgement, but behold Oppression; for Righteousness, but behold a Cry. PSAL. 12. 5. For the Oppression of the poor, for the Sighing of the needy; now will I arise (saith the Lord) and will set him in safety from him that would ensnare him. EXOD. 6. 5, 6. I have also heard the groaing of the children of Israel, whom the Egyptians keep in bondage; and I have remembered my Covenant. Wherefore say unto the children of Israel, I am the Lord, and I will bring you out from under the Burdens of the Egyptians; and I will rid you out of their Bondage: and I will redeem you with a stretched out arm, and with great judgements. ECCLES. 4. 1, 2. So I returned and considered all the Oppressions that are done under the Sun, and beheld the tears of such as were oppressed, and they had no Comforter; and in the hand of their Oppressors there was power, but they had no Comforter: wherefore I praised the dead which are already dead, more than the living which are yet alive. London, Printed for Robert Hodges, and are to be sold by him. 1649. REASONS Assigned by WILLIAM PRYNNE, &c. BEing on the 7th of this instant June 1649 informed by the Assessors of the Parish of 〈◊〉, that I was assessed at 2 l. 5 s. for three months' Contribution, by virtue of a (pretended) Act of the Commons 〈◊〉 in Parliament, bearing date the seventh of April last, assessing the Kingdom at ninety 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 freequarter 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 fifteenth 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 illegal Tax, and unreasonable Contribution, (after all my unrepaired losses and sufferings for the public liberty) amounting to six times more than SHIP-MONEY, (the times considered) or any other illegal 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 legal they had none) then voluntarily pay, or net oppose it in my place and, calling to the uttermost, upon the same, if not better reasons, as I oppugned ( a See my humble Rem●…st. 〈◊〉 against Ship-money. ) Ship-money, knighthood, and other unlawful Impositions of the late King and his council heretofore. And that they and all the world might bear witness, I did it not from mere obstinacy or sullenness; but out of folid rea●…l grounds of Conscience, Law, Prudence, and public affection to the weal and liberty of my native Country (now in danger of being enslaved under a new vassalage, more grievous than 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 ref●…sall 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 ways concerned in the imposing, collecting, levying or paying of this strange kind of Contribution. In pursuance whereof, I immediately penned these ensuing Reasons; which I humbly submit to the impart●…all Censure of all ●…nscientious and judicious Englishmen; desiring either their in●…enuous Refutation, if erroneous; or candid Approbation, if substantial and irrefr●…gable, as my conscience and judgement persuade me they are, and that they will appear so to all impartial Perusers, after full examination. First, By the fundamental Laws, and known Statutes of this Realm, No Tax, Tallage, aid, Imposition, Contribution, Loan or assessment whatsoever, may or aught to be opposed 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, levied (though for the common defence and profit of the Realm) being unjust, oppr●…ssive, inconsistent with the Liberty and Property of the Subject, Laws and Statutes of the Realm; as is undeniably evident by the express Statutes of Magna Charta, cap. 29, 30. 25. E. 1. c. 5. 6. 34. E. 1. De Tallagio non concedendo, cap. 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 argued 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) ●…ag 59 60. Etc 527, 528, 529, 532, 533 &c. with sundry other R●…cords and law-books cited by those great Rab●…ies of the Law, and Patriots of the people's 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 prud●…nce to withstand it as unjust, oppr●…ssive, inconsistent with the Liberty and Property of the Subject, Laws and Statutes of the Realm. To make good the Assumption, which is only questionable. First, This Tax was not imposed in, but out of Parliament, the late Parliament being actually dissolved above two months before this pretended Act by these Tax-imposers taking away the King by a violent death, as is expressly resolved by the Parliament of 1 H. 4. Rot. Parl. n. 1. by the Parliament of 14 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 Cook's 4. Instit. p. 3. resolve) which wa●… summoned and constituted only by his writ now ( b See 1 E. 6. cap. 7. Cook 7. Report. 30, 31. Dyer 165. 4 Ed 4. 43, 44. 1 E. 5. 1. Brook Commission. 19 21. ) actually abated by his death: and the Parliament (as it is evident by the clauses of the several Writs of Summons to ( c cromptens' Ju●…isdiction of Courts. fol. 1. Cook 4. Insti●… p. 9 10. ) the Lords, and for the election of Knights and Burgesses, and levying of their wages) being only PARLIAMENTUM NOSTRUN, the King's Parliament that is dead not his H●…irs and successors; and the Lords and Commons being all summoned and authorized by it to come to HIS PARLIAMENT, there to be present, and confer with HIM (NOBISCUM, not His Heirs and Successors) of the weighty urgent aff●…ires that concerned (NOS) HIM and HIS kingdom of England; and the K●…ights and Burgesses receiving their wages for, Nuper ad NOS ad PARLIAMENTUM NOSTRUM veniendo, &c. quod sommoneri FECIMUS, ad tracta●…dum ibidem super diversis & arduis Negotiis NOS & Sta●…um REGNINOSTRI tangentibus, as the tenor of the ( d 5. Ed. 3. m. 6. part. 2. Dors. Claus. Regist. f. 192. 200. ) Writs for their wages determines. The King being dead, and his Writ and Authority by which they are summoned, with the ends for which they were called (to confer with HIM, about HI●…, and HIS KINGDOMS affairs, &c. being thereby absolutely determined, without any hopes of revival; the Parliament itself must thereupon absolutely be determined likewise (especially to those who have disinherited HIS HEIRS and SUCCESSORS, and voted down our Monarchy itself) and these with all other Members of Parliament, cease to be any longer Members of it, being made such only by the Kings abated Writ; even as all Judges, Justices of peace, and Sheriffs made only by the King's Writ or Commission, not by Letters Patents, cease to be Judges, Justices, and Sheriffs by the King's 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 than a wife can be her deceased husband's Wife, and bound to his obedience, from which she was loosed by his death, Rom. 7. 2, 3.) And his Heirs and Successors they cannot be, unless he please to make them so by his new Writs or Commissions, as all our ( e 4 Ed. 4 44. 1 E. 5. 1. Brook Commissions. 19 21. & Officer, 25. Dyer. 165. Cook 7. Report. 30, 31. 〈◊〉 E. 6. c. 7. Dalton's Justice of Peace, c. 3 p 13 Lambert. p. 71 ) Law-books and Judges have frequently resolved upon this very reason, which equally exnends to Members of Parliament, as to Judges, Justices and Sheriffs, as is agreed in 4 E. 4. 43, 44. and Brooke, Office and Officer, 25. Therefore this Tax being clearly imposed not in, but out of, and after the Parliament ended by the King's decapitation, and that by such who were then no lawful Knights, Citizens, Burgesses or Members of Parliament, but only private men, their Parliamentary Authority expiring with the King, it must needs be illegal, and contrary to all the forecited Statutes; as the Convocations and Clergies Tax and Benevolence granted after the Parliament dissolved in the year 1640. was resolved to be by both Houses of Parliament, and those adjudged high Delinquents who had any hand in promoting it. 2. Admit the late Parliament still in being, yet the House of Peers, Earls and Barons of the Realm were no ways privy nor consenting to this Tax, imposed without, yea, against their consents in direct afsront of their most ancient undubitable Parliamentary Right and privileges, (these Tax-masters having presumed to vote down and null their very House, by their new encroached transcendent power) as appears by the title and body of this pretended Act, entitled by them, An Act of THE COMMONS assembled in Parliament: Whereas the Hou●…e 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 Lord's concurrence, than the man in the Moon, or the Convocation, Anno 1640. after the Parliament dissolved (as is evident by the e●…press words of the forecited Acts, the Petition of Right itself; 〈◊〉, for the triennial Parliament; and against the proroguing or di●…olving this Parliament, 17. Caroli: with all our printed Statutes, (f) 14. R. 2. 1. 15. 〈◊〉. H 4. n. 〈◊〉. 13 H. 4. n. 〈◊〉. Parliament-Rolls, and (g) 4. H. 7. 18. b. 7. H 7. 27. 16. 11. H 7. 27. For●… c. 18 f. 20. Dyer. 92. Brook Parliament. 76. 197. Cook's 4 Insti●…es, p. 25. 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) S●…e the 〈◊〉 〈◊〉 〈◊〉, and my 〈◊〉 for 〈◊〉 〈◊〉. ancient Parliaments, (which co●…sisted of the King and spiritual and temporal Lords, without any Knights, Citizens or Burgesses, as all our Histories and Records attest) till 49 H. 3. at soonest; they having not so much as a Speaker or Commons House, till after the beginning of King Ed. the third's reign, and seldom or never presuming to make or tender any Bills or Acts to the King or Lords, but Petitions only for them to redress their grievances and enact new Laws, till long after Rich. the seconds time, as our Parliament rolls, and the printed prologues to the Statutes of 1. 4. 5. 9 10. 20. 23. 36. 37. and 50. E●…. 4. 1 Rich. 2. 1. 2. 4. 5. 7. 9 11. 13. Hen. 4. 1. 2. 3. 4. 8. 9 He●… 3. 1. 2. 3. 4. 6. 8. 9 10. 11. 14. 15. 29. 28. 29. 39 Hen. 6. ●…. 4. 7. 8. 12. 17. 22 Ed. 4. and 1 Rich. 3. evidence (which run all in this form, At the Parliament holden, &c. by THE ADVICE and ASSENT OF THE LORDS spiritual and temporal and at THE special INSTANCE and REQUEST OF THE COMMONS OF THE REALM, (BY THEIR PETITIONS put in the said Parliame●…, as some prologues have it.) Our Lord the King hath cau●…ed to be ordaine●…, or ordained CERTAIN STATUTES, &c.) where the advising and assenting to laws is appropriated to the Lords; the ordaining of them to the King; and nothing but the reque●…ting of, and petitioning for them to the Commons, both from King and Lords, in whom the Legislative power principally, if not sose●…y resided; as is manifest by the printed Prologue to the Statute of Merton. 20. Hen. 3. The Statute of Mortemain 7 Ed. 1. 31. Ed. 1. De Asportatis Religiosorum, the Statute of Sheriffs, 9 E. 2. and of the templars, 17 E. 2. to cite no more. 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, overawed by the chief Officers of the Army, who have presumed by mere force and armed power, against law and without precedent, to seclude the major part of the House (at least 8 parts of 10) who by law and custom are the House itself, from sitting or Voting with them, contrary to the Freedom and privileges of Parliament; readmitting none but upon their own terms. An usurpation not to be paralleled in any age, destructive to the very being of Parliaments; (i) Cook's 4. Institutes p. 1. Where all Members ex debito Justiciae, should with equal Freedom meet and speak their minds: injurious to all those Counties, Cities, Boroughs, whose Knights, Citizens and Burgesses are secluded, and to the whole Kingdom; yea, contrary to all rules of reason, justice, policy, conscience, and their own, Agreement of the people, which inhibit the far lesser part of any council, Court, or Committee, to oversway, seclude or fore-judge the major number of their Assessors and fellow-members, over whom they can no ways pretend the least jurisdiction, it being the highway to usher Tyranny and confusion into all counsels & Realms, to their utter dissolution, since the King alone without Lords and Commons, or the Lords alone without King or Commons, may by this new device make themselves an absolute Parliament to impose Taxes and enact Laws without the Commons, or any other forty or fifty Commoners meeting together without their companions do the like, as well as this remnant of the Commons make themselves a complete 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 boroughs, whose Knights, Citizens and Burgesses sat and consented to it when imposed, (though I dare swear imposed against the minds and wills of all or most of those they represent; (who by the (k) Declarat. Nov. 28 & 30. 1648. Armies new Doctrine, may justly question and revoke their authority for this high breach of Trust; the rather, because the Knights and Burgesses assembled in the first Parliament of 13. E. 3. Rot. Parl. n 8. Did all refuse to grant a great extraordinary subsidy then demanded of them (though not comparable to this) for the necessary defence of the Kingdom against foreign Enemies, till they had conferred with the Counties and boroughs 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 boroughs, whose Knights, Citizens and Burgesses have been secluded or scared thence by the army's violence, or settling Members illegal Votes for their seclusion; who absolutely disavow this Tax and Act as unparliamentary, illegal, and never assented to by them in the least degree; since the only (l) 39 Ed. 3. 7. ●. H. 7. 10. Brook Parl. 26. 40. Cook 4. Instit. p. 1. 25, 26. 1 Jac. cap 1. 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 maxim in all Laws, Quod tangit omnes, ab omnibus debet approbari. Upon which reason it is judged in our (m) 49. E. 3. 18, 19 21. H. 7. 4. Brook Customs 6. 32. 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 (whiich comes fully to the present case) in 7. H. 6. 35. 8. H. 6. 34. Brook Ancient Demesne 20. & Parl. 17. 101. It is resolved, That ancient Demesne is a good plea in a Writ of Waste upon the Statutes of Waste, because those in ancient Demesne were not parties to the making of them, FOR THAT THEY HAD NO KNIGHTS NOR BURGESSES IN PARLIAMENT, nor contributed to their expenses. And Judge Brook Parliament 101. hath this observable Note, It is most frequently found, that Wales and County Palatines, WHICH CAME NOT TO THE PARLIAMENT (in former times, which now they do) SHALL NOT BE BOUND BY THE PARLIAMENT OF ENGLAND: for ancient Demesne is a good Plea in an action of Waste and yet ancient Demesne is not excepted: and it is enacted, 2. Ed. 6. cap 28. That Fines and Proclamation shall be in Chester, for that the former St●…tutes did not extend to it: And it is 〈◊〉, Th●… a Fine and Proclamation shall be in Lancaster. 5. & 6. Ed. 6. c. 26. And in a Pro●…lamation upon an exigent is given by the Statute in Chester a●…d Wales, 1. E. 6. c. 20. And by anot●…er Act to Lancaster, 5. & 6. E. 6. c. 26. And the Statutes of Justices of Peace extended not to Wales and the County Palatine; and therefore an Act was made for Wales and Chester, 27. H. 8. c. 5. who had Knights and Burgesses appointed by that Parliament for that and future Parliaments by Act of Parliament, 27. Hen. 8. cap. 26. since which they have continued their wages being to be levied by the Statute of 35. H. 8. c. 11. Now, if Acts of Parliament bound not Wales and Counties. Palatines, which had anciently no Knights not Burgesses in Parliament to represent them, because they neither personally nor representatively were parties and consenters to them; much less than can or aught this heavy Tax, and illegal Act to bind those Knights, Citizens and Burgesses, or those Counties, Cities and boroughs they represented, who were forcibly secluded, or driven away from the Parliament by the confederacy, practice, or connivance at least, of those now sitting, who imposed this Tax, and passed this strange Act; especially, being for the support and continuance of those Offcers, and that Army who traitorously seized 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 sat and shut them out) and would no ways have consented to this illegal Tax, or undue manner of imposing it, without the Lord's concurrence, had they been present. And, I myself, being both an unjustly imprisonsd and secluded Member, and neither of the Knights of the County of Somerset, where I live, present or consenting to this Tax or Act, one or both of them being forced thence by the Army, I conceive neither myself, nor the County where I live, nor the Borough for which I served, in the least measure bound by this Act or Tax, but clearly exempted from them, and obliged with all our might and power effectually to oppose them. If any here object, That by the custom of Parliament forty Object. Members only 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 Answ. Members are sufficient to make a Commons House to begin prayers, and businesses of lesser moment in the beginning of the day, till the other Members come, and the House be full; yet 40 were never in any Parliament reputed a compe●…ent number to grant Subsidies, pass, or read Bills, or debate or conclude matters of greatest moment; which by the constant Rules & usage of Parliament, were never debated, concluded, passed, but in a free and full House, when all or most of the Members were present, as the Parliament Rolls, Journals, Modus te●…ndi Parliamentum, Sir Edward Cook's 4 Institu●…s, p. 1. 2 26. 35. 36. crompton's Jurisdiction of Courts, f. 1 &c. 39 E. 3. 7. Brook Parliament. 27. 1. Jac. c. 1. and the many Records I have cited to this purpose in my Levellers leveled, my Plea for the 〈◊〉, and Memento, p. 10. abundantly prove beyond contradiction●…; for which cause the Members ought to be fined, and lose their ●…ges, if absent without sp●…cial Li●…nce, as. Modus t●…nexdi Parliamentum, 5 R. 2. Par. 2. c. 4. 9 H. 8. c. 16. and A Co●…ection of all Orders, &c. of the late Parliament, pa. 294. 357. with their frequent summoning and fining absent Members, evidence. Secondly, Though fo●…ty Members only may peradventur●… make an House in cas●… of absolu●…e nece●…y, when ●…he r●…st through sickness, & public or private occasions, are volu●…rily or negligently absent; and might freely repair thither to sit or give their Votes if they pleased: yet forty Members nev●…r yet made a Common●… House by custom of Parliament (●…here being never any such case till now) when the rest (being above ●…our hundred) were forcibly secluded, or driven thence by an army, through the practice or connivance of those forty sitting, o●… purpose that they should not over nor counte●…-vote them; much less an House to sequester or expel the other Members, or impose any Tax upon them. Till they show me such a l●…w, custom or precedent of Parliament (not to be found in any age) all they pretend is nothing to purpo●…e, 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, or impose a Tax, or make any Act of Parliament, without the King and Lords, as I have n See my Plea for the Lords, and Levellers leveled. already proved; much l●…sse after they ceased to be Members by the Parliaments dissolution through the Kings beheading; Neither w●…re they ever invested with any legal power to seclude or exp●…l 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 judgements from them; nor for any other cause, without the Kings and Lord's concurrence (in whom the ordinary judicial power of the Parliament resides) as I have undeniably proved by precedents and reasons in my Plea for the Lords, p. 47. to 53. and Ardua Regni, which is further evident by Claus. Dors. 7. R. 2. M. 32. & Mr. Selden's Titles of honour, p. 737. Banneret Camoys Case, discharged from being knight of the Shire by the King's Writ and judgement alone, without the Commons vote, because a Peer of the Realm; the practice of s●…questring and expelling Commons by their fellow-Commons only, being a late dangerous, unparliamentary usurpation (unknown to our Ancestors) destructive to the privileges and freedom of Parliaments, and injurious to those Counties, Cities, Boroughs, whose trusties are secluded; the House of Commons itself being no Court of Justice to give either an Oath or final Sentence, and having no more Authority to dismember their fellow-Members, than any Judges Justices of peace, or Committees have to disjudg, disjustice, or discommittee their fellow. Judges, Justices, or Committee-men, being all of equal authority, and made Members only by the King's Writ and people's Election, not by the Houses, or o●…her Members Votes; who yet now presume both to make and unmake, seclude and recall, expel and restore their fellow-Members at their pleasure, contrary to the practice and resolution of former ages, to patch up a factious Conventicle, instead of an English Parliament. Therefore this Objection no waye●… invalids this first Reason; why I neither can nor dare submit to this illegal Tax in conscience, law, or prudence, which engage me to oppose it in all these Respects. If any object, That true it is, the parliament by the common Law and custom of the Realm determines by the King's death; but by the Statute of 17 Caroli, which enacts, That this present Parliament now assembled shall not be dissolved unless it be by Act of Parliament to be passed for that purpose; continues this Parliament still in being, notwithstanding the Kings beheading, since no Act of Parliament is passed for its Dissolution. The only pretext for to support the continuance of the Parliament since the King's violent death. To this I answer, That it is a maxim in Law, That every Answ. Statute 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. Edw. 4. 12. 12. Edw. 4. 18. 1. H. 7 12 13. ploughed. Com fol. 369. and Cook's 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 King's 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 * Exact Collect. p. 5. 6. Rem●…nstrance of the state of the Kingdom, 15 Decemb. 1642, complain) had dissolved all former Parliaments during his Reign without and against both Houses approbation, to their great discontent and the kingdom's prejudice, as his Father King James had dissolved others in his Reign: and during their continuance adjourned and prorogued them at their pleasure. Now the fear of preventing of the like dissolution, prorogation, or adjournment of this Parliament after the Scotish Armies disbanding, before the things mentioned in the Preamble were effected by the King's absolute power, was the only ground & occasion of this Law (not any fear or thoughts of its dissolution by the King untimely death) then not so much as imagined, being before the wars or Irish Rebellion broke forth) the King very healthy, not ancient, and likely then to survive this Parliament, and many others, in both Houses judgement, as appears by the Bill for triennial Parliaments. This undeniable Truth is expressly declared by the Commons themselves in their foresaid remonstrance; Exact Collection p. 5. 6. 14. 17. compared together; where in direct terms they affirm, The ABBRUPT DISSOLUTION OF THIS PARLIAMENT is prevented by another bill, by which it is provided it shall not be dissolved or adjourned without the consent of both Houses: In the Bill for continuance of this present Parliament, there seems TO BE SOME RESTRAINT OF THE ROYAL POWER IN D SSOLVING OF PARLIAMENTS; NOT TO TAKE IT OUT OF THE CROWN, BUT TO SUSPEND THE EXECUTION OF IT FOR THIS TIME and OCCASION ONLY; which was so necessary for THE King's OWN SECURITY, and the public Peace, that without it we could not have undertaken any of these great charges, but must have left both the Armies to disorder and confusion, and the whole Kingdom to blood and rapine. In which passages we have a clear resolution of the Commons themselves, immediately after the passing of this Act; that the scope and intention of it was only to provide against the King's abrupt dissolution of the Parliament by the mere royal power in suspending the execution of it for this ti●…e and occasion only; and that for the Kings own security, (not his Heirs and Successors) as well as his people's peace and safety. Therefore not against any dissolutions of it by his natural (much less his violent) death; which can no ways be interpreted, an Act of his royal power, which they intended hereby, not to take out of the Crown, but only to suspend the execution of it for this time and occasion, and that for his security: but a natural impotency, or unnatural disloyalty, which not only suspends the execution of the King's power for a time, but utterly destroys and takes away him and it without hopes of revival for ev●…r. Secondly, the very title of this Act (An Act to prevent Inconveniences which may happen by the UNTIMELY adjourning, proroguing or DISSOLUTION of this present Parliament) intimates as much, compared with the body of it, which provides, as well against the adjourning and proroguing of both or either Houses without an Actof Parliament, as against the dissolution of the Parliament without an Act. Now the Parliament cannot possibly be said to be adjourned or pr●…gued in any way or sense, much less untimely, by the King's death, (which never adjourned or prorog●…d any Parliament,) but only by his Proclamation, writ, or royal command, to the Houses or their Speaker, executed during his life; as all our Journals, ‖ 6. E. 3. Parl. 2. Rot. Parl 3 6. 5 R. 2. n. 64, 65. 11 R 2. n. 14. 1●…. 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. Parliament Rolls and * Cook's 4. Institut p. 25, Dyer. f 203. Law-Books resolve, though it may be dissolved by his death, as well as by his Proclamation, writ, or royal command. And therefore this title and act coupling adjourning, proroguing and dissolving this Parliament together without consent of both Houses, by act of Parliament, intended only a dissolution of this Parliament by such Prerogative ways and means by which Parliaments had formerly been untimely adjourned and prorog●…ed as well as dissolved by the King's mere will without their assents; not of a dissolution of it by the King's death which never adjourned nor prorogued any Parliament, nor dissolved any formerly sitting Parliament in this King's reign, or his Ancestors since the deathof King Henry the 4th; the only Parliament we read of dissolved by death of the King since the conquest; and so a mischief not intended nor remedied by Act. Thirdly, The prologue of the act implies as much; Whereas great sums of money must of necessity be SPEEDILY advanced & procured for the relief of HIS majesty's ARMY and PEOPLE (not his Heirs or Successors) in the Northern parts: &c. And for supply of other HIS majesty's PRESENT and URGENT OCCASIONS (not his Heirs or Successors future occasions) which cannot be so timely effected as is requisite, without credit for raising the said moneys; which credit cannot be attained, until such obstacles be first removed as are occasioned BY FEAR, JEALOUSIES and APPREHENSIONS OF DIVERS OF HIS majesty's LOYAL SUBJECTS THAT THE PARLIAMENT MAY BE ADJOURNED, PROROGUED OR dissolved (not by the King's sudden or untimely death, of which there was then no fear, Jealousy or apprehension in any his majesty's Loyal Subjects, but by his Royal Prerogative and advice of ill councillors) before justice shall be duly executed upon Delinquents; (then in being, nor sprung up since) public grievances (Than complained of) r●…dressed, a firm peace betwixt the two Nations of England and Scotland concluded, and before sufficient provisions be made for the repayment of THE SAID MONEYS (not others since) so to be raised: All which the Commons in this present Parliament assembled having duly considered, do therefore humbly beseech your Majesty, ●…at it may be declared and enacted, &c. ●…ll which expressions, relate●… only TO HIS late Majesty only, not his Heirs and successors; and the principal scope of this 〈◊〉, to gain present credit to raise moneys to disband the Scotish and English Armies then lying upon the Kingdom, being many years since accomplished; yea and justice being since executed upon Strafford, Canterbury, and other Delinquents then complained of; the public Grievances than complained of (as Star-chamber, High-Commission, Ship-money, Tonnage and poundage, Fines for Knighthood, Bishops votes in Parliament, with their Courts and Jurisdictions and the like) redressed by acts soon after passed, and a firm peace between both Nations concluded before the Wars began; and this preamble's pretensions for this act fully satisfied divers years before the King's beheading; it must of necessity be granted, that this Statute never intended to continue this Parliament on foot after the King's decease; especially after the ends for which it was made were accomplished: And so it must necessarily be dissolved by his Death. Fourthly, This is most clear by the body of the act itself: And be it declared and enacted By THE KING OUR sovereign LORD, with the assent of the LORDS & Commons in this PRESENT PARLIAMENT ASSEMBLED, & by the authority of the same, That THIS PRESENT PARLIAMENT Now ASSEMBLED, shall not be DISSOLVED, unless it be by ACT OF PARLIAMENT TO BE PASSED FOR THAT PURPOSE; nor shall any time or times DURING THE CONTINUANCE THERE OF BE PROROGUED OR ADJOURNED, unless it be By ACT OF PARLIAMENT to be likewise PASSED FOR THAT PURPOSE. And that THE HOUSE of PEERS shall not at any time or times DURING THIS PRESENT PARLIAMENT BE ADJOURNED, unless it be By THEMSELVES; or BY THEIR OWN ORDER. And in like manner that THE HOUSE OF COMMONS shall not at any time or times DURING THIS PRESENT PARLIAMENT be adjourned unless it be BY THEMSELVES, or BY THEIR OWN ORDER. Whence it is undeniable, 1. that this act was only for the prevention of the untimely dissolving, Proroguing and adjourning of that present Parliament then assembled, and no other. 2. That the King himself was the Principal Member of his Parliament, yea, our sovereign Lord, and the sole declarer and enacter of this Law, by the Lords and Commons assent. 3. That neither this Act for continuing, nor any other for dissolving, adjourning or proroguing this Parliament could be made without, but only by and with the King's Royal assent thereto; which the Lords and Commons assembled in Parliament in their * Exact Collect p. 69. 70. 736. 709. 722. Remonstrance of the 26. of May 1642: oft in termin●… acknowledge, together with his Negative voice to bills. 4. That it was neither the King's intention in passing this act to shut himself out of Parliament, or create Members of a Parliament without a King, as he professed in his {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}. c. 5. p. 27. Nor the Lords nor Commons intendment to dismember him from his Parliament, or make themselves a Parliament without him; as their foresaid Remonstrance testifies, and the words of the act import: Neither was it the Kings, Lords or Commons meaning by this act to set up a Parliament only of Commons (much less of a remnant of a Commons House selected by Colonel Pride, and his Confederates of the Army to serve their turns, and vote what they prescribed) without either King or House of Peers, much le●…se to give them any super-transcendent authority to vote down and abolish the King and house of Lords, and make them no Members of this present or any future Parliaments, without their own order or a●…sent, against which so great usurpation and late dangerous unparliamentary encroachments this very act expressly provides in this clause, That the House of Peers (wherein the King sits as sovereign when he pleaseth) shall not at any time or times during this present Parliament be adjourned (much less then dissolved, excluded, or suspended from sitting or voting, which is the greater, and that by their inferiors in all kinds, a Fragment of the Commons House, who can pretend no colour of Jurisdiction over them, before whom they always stood bareheaded, like so many Grand-Jury-men before the Judges, and attended at their Doors and Bar to know their pleasures:) unless it be by Themselves, or by their own Order. 5. That neither the King, Lords nor Commons intended to set up a perpetual Parliament, and entail it upon them, their Heirs and Successors for ever, by this Act, which would cross and repeal the Act for 〈◊〉 Parliame●…ts made at the same time, and on the same * Book Parliament. 80. Relation 85. Dyer 85. day in Law; but to make provision only against the untimely dissolving of this, till the things mentioned in the Prèamble were accomplished and settled; as the Preamble, and those oft repeated words, any time or times during the continuance of this present Parliament, conclude; and that during His majesty's Reign and life, not after his death; as these words coupled with The relief of his majesty's Army and People; and for supply of His Maj●…sties pre●…ent ●…nd urgent occasions in the Preamble manifest. Therefore this Act can no ways continue it a parliament after the Kings beheading; much less after the exclusion both of the King and Lord's House out of parliament by those now si●…ting, contrary to the very letter and provision of this Act; by which dev●…ce the King alone, had he conquered and cut off, or secluded by his Forces the Lords and Commons House from sitting, might with much more colour have made himself an absolute parliament, to impose what Taxes and Laws he pleased, without Lords or Commons, on the people, by virtue of this Act, than those few Commons now sitting since his trial and death do. 6. The last clause of this Act, And that all and every thing or t●…ings whatsoever Don OR TO BE DONE (to wit, by the King or His Authority) for the adjournment, proroguing or dissolving of THIS PRESENT PARLIAMENT, CONTRARY TO THIS PRESENT ACT, SHALL BE UTTERLY VOID and of NONE EFFECT: Now death, and a dissolution of this parliament by the King's death, cannot (as to the King) be properly s●…iled, a Thing done, or to be done (by Him) for the adjournment, proroguing or dissolving of this parliament, contrary to this present Act; which cannot make the King's death utterly voi●… and of none effect, by restoring him to his life again. Therefore the dissolution of the parliament by the King's death, is clearly out of the words and intentions of this Act, especially so many years after its Enacting. 7. This present Parliament and every Member thereof, being specially summoned by the King's W●…it, only to be HIS Parliament and council, and to confer with HIM of the great and urgent affairs concerning HIM and HIS Kingdom; and these Writs and Elections of them, returned unto HIM and HIS COURT by Indenture, and the persons summoned and chosen by virtue of them appearing only in HIS Parliament, for no other ends but those expressed in HIS WRITS; it would be both an absu●…dity and absolute impossibility to assert, that the Houses intended by this Act to continue this Parliament in being after the Kings beheading or death: unless they that maintain this paradox be able to inform me and those now sitting, how they can confer and advise with a dead King of things concerning Him and His Kingdom; and that even after they have extirpated Monarchy itself, and made it Treason to assert or revive it; and how they can continue still HIS Parliament and council whose head they have cut off: and that without reviving or raising him from his grave, or enstalling His right Heir and Successor in His Throne to represent His Person; neither of which they dare to do, for fear of losing their own Heads and Quarters too, for beheading him. This Tax therefore being imposed on the Kingdom long after the Kings beheading, and the Parliaments dissolution by it, must needs be illegal and merely void in Law to all intents; because not granted nor imposed in, but out of Parliament; by those who were then no Commons nor Members of a Parliament, and had no more authority to impose any Tax upon the Kingdom, than any other forty or fifty Commoners whatsoever out of Parliament, who may usurp the like authority by this precedent to Tax the Kingdom or any County what they please, and then Levy it by an Army or force of arms, to the people's infinite, endless oppression and undoing: This is my first and principal 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 a●…e fully resolved to maintain; and shall and will uphold, preserve, and ●…ep the fundamental laws of this Nation, for, and concerning the PRESERVATION OF THE LIVES, PROPERTIES and LIBERTIES OF THE PEO●…LE, with all things incid●…nt thereunto: which how it will stand with this Tax imposed by them out of Parliament, or their Act concer●…ing New TREASONS; I desire they would satisfy me and the Kingdom, before they levy the one, or proceed upon the other against any of their follow-Subjects, by mere arbitrary armed power against Law and Right. Secondly, themselves in their Declaration, expressing the grounds of their late proceedings, and settling the present Government in way of a Free-State, dated 17. Martii, 1648. engage themselves: To prooure the well-being of those ●…hom the●… serve: to renounce oppression, arbitrary power, and all opposition to the peace and freedom of the Nation: And to prevent to their power, the reviving of tyranny, Injustice, and all former evils (the only end and duty of all their labours) 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 loans, unlawful 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 palpa●… broken by him almost in every part of it, very soon after His solemn Consent given unto it. (1) Is not this the Armies & their own late and present practice? His imprisoning and prosecuting Members of Parliament, for opposing His unlawful Will: and of divers (2) Alderman Chambers the eminentest of them, is yet since this Declaration discharged by you for his loyalty and conscience only. worthy Merchants for refusing to pay Tonnage and Poundage, because NOT GRANTED BY PARLIAMENT; yet (3) And is it not so by you now, and transmitted unto the Exchequer to be levied? exacted by HIM expressly against Law; and punishment of many (4) And do not you now the same, yea, some of those very good Patrio●…s? good Patriots, for not submitting to whatsoever ●…e pleased to demand, though NEVER SO MUCH IN BREACH OF THE KNOWN LAW. The multitude of projects and Monopolies established by Him. His design and charge to bring in (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? german-horse, to awe us INTO SLAVERY: and his hopes of completing all by His grand project of (6) Not one quarter so grievous as the present Tax imposed by you for the like purpose. Ship-money, to subject EVERY man's 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 th●…ng of that (7) And is it not more unnatural in those now sitting, to engage the English Army, raised by the Parliament of England, and covenanting to detend it from violence against the very Parliament of England and its Members, and that successively twice after one another, and yet to own and support this Army without righting those Members? STRANGE IMPIETY and UNNATURALNESS for the King of England, to sheathe their swords in one another's bowels, that nothing can answer it but his own being a foreigner: neither could it easily have purchased belief, but by his succ●…eding visible actions in full pursu●…ance of the same. As the Kings coming in person to the (8) Was not Pride's and the Armies coming thither to seize, and actually seizing 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? House of Commons to seize the five Members, whether he was followed with (9) Was not Humphrey Edwards now sitting, an unduly elected Member, one of them thus armed? some hundreds of unworthy d●…baunched persons, a●…med with Swords and Pistols, and other arms; and th●…y attending at the door of the House, ready to 〈◊〉 whatsoever their Leader should command them. The oppr●…ssions of the council-table, Star-Chamber, High-Commission, court-martial, Wardships, Purveyances, Afforestations, and many others of like nature, (equalled, if not far exceeded now by sundry Arbitrary Committees and subcommittees, to name no others in all manner of Oppressions and Injustice) concluding thus: Upon all these and many other unparalleled offences, upon his breach of Faith, of Oaths and Protestations; upon the cry of the blood of England and Ireland: upon the tears of Widows and Orphans, and childless Parents, and millions of persons undone by him, let all the world of indifferent men judge, whether the Parliament (you mean yourselves 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 verdict? 3. Themselves charge the King with profuse Donations of salaries and pensions to such as were found, or might be made fit Instruments and promoters of Tyranny: which were supplied not by the legal justifiable revenue of the Crown, but by Projects and illegal ways OF DRAINING THE people's PURSES; all which mischief and grievance they say will 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, Hen. Ma●…tin is accountable to the State for abvoe 3700 l. which the Committee of accounts in two years' time could never bring him to account for, and yet hath 3000 l. voted him lately for moneys pretended to be disbursed; to whom and for what, quere. the Lord Lisle, Commissary General Ireton and others of their Members and Instruments, upon pretence of Arrears, or Service, some of them out of the moneys now imposed for the relief 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 ancestors enjoyed long before the conquest, and spent much of their blood to have confirmed by the Gre●…t Charter of the Liberties) and other excellent Laws which have continued in all former changes, and being duly executed, are THE MOST JUST, FREE and equal of any other Laws in the world; shall be duly continued and maintained by them; the LIBERTY, PROPERTY and PEACE OF THE SUBJECT BEING SO FULLY PRESERVED BY THEM, and the common interest of those WHOM THEY SERVE. And if those laws should be taken away, all Industry must cease; all misery blood and confusion would follow, and greater Calamities, if possible, then fell upon us by the late King's misgovernment, would certainly involve all persons, under which they must inevitably perish. 5. They therein expressly promise. p. 26. To order the revenue in such a way, That the public charges may be defrayed; The soldiers pay justly and duly settled: That freequarter may Nota. be wholly taken away and THE PEOPLE BE EASED IN THEIR burdens and TAXES: And is this now all the ease we feel; to have all burdens and Taxes, thus augmented; and that against Law by pretended acts made out of Parliament, against all these good old laws 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 jointly, and the House of Commons severally in the late Parliament, with the approbation of all & consent of most now sitting, did in sundry ‖ Exact. Collect p. 5. 6. 7. 14. 342. 49●… 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 people's Liberties and Properties they made one principal ground of our late bloody expensive wars; but likewise professed; * Exact Collect. p. 28. 29. 214 263. 270. 491 492. 495, 496. 497. 660. That they were specially chosen and entrusted by the Kingdom in Parliament and owned it as their duty to hazard 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 will and POWER, which imposed WHAT PAYMENTS THEY THOUGHT FIT TO DRAIN THE subject's PURSES, and supply THOSE NECESSITIES (which theiril Counsel had brought upon the King and Kingdom) And that they would be ready TO LIVE AND die 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 heroic 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 joined in these Remonstrances are engaged by them to second me; under pain of being adjudged unworthy for ever hereafter to sit in any Parliament or to be trusted by th●…ir Counties and those for whom they served. And so much the rather to vindicate the late Houses honour and reputation from those predictions and printed aspersions of the beheaded King; (‖) Exact Col lect. p. 285. 286. 298. 320. 322. 378. 379. 381. 513. 514. 515. &c. 618. 619. 620 623. 647. &c. 671. 679. Etc A Collect. &c. p. 100 102. &c. 117. 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 laws, Liberties, and Properties at last. And not any thing like them, to introduce Anarchy, Democracy, Parity, Tyranny in the Highest degree, and new forms 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 undo themselves, and to be last destroyed. Which royal Predictions many complain we find too truly verified by those who now bear rule, under the Name and visor of the Parliament of England, since its dissolution by the King's decapitation, and the Armies imprisoning and seclusion of the Members who above all others are obliged to disprove them by their answers as well as declarations to the people, who regard not words but real performances from these new keepers of their Liberties; especially in this FIRST YEAR OF England's FREEDOM engraven on all their public Seals, which else will but seal their Selfdamnation and proclaim them the Archest Impostors under Heaven. Secondly, should I voluntarily submit to pay this Tax, and that by virtue of an Act of Parliament made by those now sitting, (some of whose Elections have been voted void; others of them elected by * See Cook's 4 Instit. p. 10. new illegal Writs under a new kind of Seal, without the King's Authority, stile, or Seal, and that since the Kings beheading, as the Earl of Pembroke, and Lord Edward Howard, uncapable of being Knights or Burgesses by the Common Law and custom of Parliament, being Peers of the Realm (if now worthy such a Title) as was adjudged long since in the Lord Camoy's case, Claus. Dors. 7. R. 2. m. 32. and asserted by Master Selden in his Titles of honour, part. 2. c. 5. p. 737. seconded by Sir Edward Cook in his 4 Institut. p. 1, 4, 5, 46, 47, 49.) As I should admit these to be lawful Members, and these unlawful void Writs to be good in Law; so I should thereby tacitly admit, & ex post facto assent to some particulars against my knowledge, judgement, conscience, Oaths of Supremacy, Allegiance, Protestation, and solemn League and Covenant, taken in the presence of God himself, with a sincere he●…rt and real intention to perform the same, and 〈◊〉 therein all the days of my life, without suffering myself directly or indirectly, by whatsoever combination, persuasion or terror to be withdrawn therefrom. As first, That there may be and now is a lawful Parliament of England actually in being, and legally continuing after the King's 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 judgements of all now sitting, that know anything of Parliaments, and the whole Kingdom if they durst speak their knowledge, know & believe to be false, yea against their Oaths and Covenant. Secondly, That this Parliament (so unduly constituted and packed by power of an Army combining with them) hath a just and lawful Authority to violate the privileges, Rights, freedoms, Customs, and alter the constitution of our Parliaments themselves; imprison, seclude, expel most of their fellow-members for voting according to their consciences; to repeal what Votes, Ordinances and Acts of Parliament they please, ere●…t new Arbitrury Courts of war and Justice 〈◊〉 a●…aign, condemn, execute the King himself, with the Peers & Commons of this Realm by a new kind of Martial law contrary to Magna Charta, the Petition of Right, and Law of the Land: disinherit the King's poste●…ty of the crown, extirpat Monarchy, & the whole house of Peers, change and subvert the ancient Government, Seals, Law●…, Writs; legal proceedings, Courts, and coin of the Kingdom; ●…ell and dispose of all the Lands, Revenues, Jewels, goods of the crown, 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 King's MAJESTY, HIS HEIRS AND SUCCESSORS: yea, from their very Oath of Allegiance, notwithstanding this express clause in it (which I de●…ire may be ●…riously and conscientiously considered by all who have sworn it) I do ●…eleeve and in Conscien●… am r●…olved, that neither the Pope. NORANY PERSON WHATSOEVER HATH POWER TO ABSOLVE ME OF THIS OATH, OR ANY PART THEREOF, which I acknowledge by good and ●…ull Authority to be lawfully ministered unto me and DO RENOUNCE ALL PARDONS AND DISPENSATIONS TO THE CONTRARY: dispense with our Protestations, Solemn League and Covenant, so lately * A collect. &c. pag. 327, 358, 359, 399, 404, 416, 420, &c. 694, 751, 768, 769 798, 802 806, etc 878, 879, 889. zealously u●…ged and enjoined by both Houses on Members, Officers, Ministers, and all sorts of P●…ople throughout the Realm: dispose of all the Forts, Ships, Forces, Offices and Places of Honour, Power, Trust or profit within the Kingdom to whom they please; to displace and remove whom they will from their Offices, Trusts, Pensions, Callings, at their pleasures without any legal cause or trial: to make what new Acts, laws, and reverse what old ones they think meet, to ensnare, enthrall our Consciences, Estates, Liberties, Lives: to create new monstrous Treasons never heard of in the world before; and declare r●…ll treasons against King, kingdom, Parliament, to be no tr●…asons, and Loyalty, Allegi●…nce, due obedience to our known laws, and conscientious observing of our Oaths and Covenant (the breach whereof would render us actual traitors and perjurious persons) to be no less than 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, liv●…s to the gallows, and our estates to their new Exchequer; (a Tyranny beyond all Tyrannies ever heard of in our Nation, repealing Magna Charta, c. 29. 5. E. 3. c. 6. 25. Edw. 3. cap. 4. 28. Ed. 3. c. 3. 37. E. c. 18. 42. E. 3. cap. 3. 25. Ed. 3. cap. 2. 11. R. 2. c. 4. 1. H. 4. c. 10. 2. H. 4. Rot. Par. N. 60. 1. E. 6. c. 12. 1 Mar. c. 1. The Petition of Right, 3 Caro●…, and laying all our * See Cook's 3 Inst. p. 2, 21, 22, 23. Laws, Liberties, Estates, Lives in the very dust after so many bloody and costly years' wars to defend them against the King's invasions) raise and keep up what forces they will by Sea and Land, impose what heavy Taxes they please, and renew, increase, multiply and perpetuate them on us as often and as long as they please, to support their own encroached, more than regal, parliamental, Super-transcendent Arbitrary power over us, and all that is ours or the Kingdoms, at our private and the public charge against our wills, judgements, consciences, to our absolute enslaving, and our three Kingdom●… r●…ine, by engaging them one against another in new civil wars, and exposing us for a prey to our foreign Enemies. All which, with other particulars, lately acted and avowed by the Imposers of this Tax, by colour of that pretended Parliamentary Authority by which they have imposed it, I must necessarily admit, acknowledge to be just and legal by my voluntary payment of it, of purpose to maintain an Army, to justify and make good all this by the mere power of the Sword, which they can no waye●… justify and defend by the laws of God or the Realm, before any tribunal of God or Men, when legally arraigned, as they shall one day be. Neither of which I can or dare acknowledge, wi●…hout incurring the guilt of most detestable Perjury, and highest Treason, against King, Kingdom, Parliament, Laws and Liberties of the people; and therefore cannot yield to this Assessment. Thirdly, the principal ends and uses proposed in the pretended Act and Warrants thereupon for payment of this Tax, are strong obligations to me, in point of Conscience, Law, Prudence, to withstand it; which I shall particularly discuss. The ●…irst is, the maintenance and contiwance of the present Army and Forces in England under the Lord Fairfax. To which I say, First, as I shall with all readiness, gratitude and due respect, acknowledge their former Gallantry, good and faithful Services to the Parliament and Kingdom, whiles they continued dutiful and constant to their first Engagements, and the ends for which they were raised by both Houses, as far forth as any man; so in regard of their late monstrous defections, and dangerous apostasies from their primitive obedience, faithfulness, and engagements in disobeying the Commands, and levying open war against both Houses of Parliament, keeping an horrid force upon them at their very doors; seizing, imprisoning, secluding, abusing, and forcing away their Members, printing and publishing many high and treasonable Declarations against the Institution, privileges, Members and Proceedings of the late, and Being of all future Parliaments; imprisoning, abusing, arraigning, condemning and executing our late King, against the Votes, Faith, and Engagements of both Houses, and disinheriting His posterity, usurping the regal, parliamental, magistratical, and ecclesiastical power of the Kingdom to their general-council of Officers of the Army, as the supreme swaying Authority of the Kingdom, and a●…empting to alter and subvert the ancient Government, Parliaments, Laws, and Customs of our Realm: And upon serious consideration of the ordinary, unsufferable Assertions of their Officers and soldiers uttered in most places where they Quarter, and to myself in particular, sundry times, * Can or will the King himself say more, or so much as these, if he invade and conquer us b●… F●…r reign forces? And were it not better for us then to submit to our lawful King, then so many thousand perfidious usurping pretended Conquerors of us, who of late pretend they were no other but our servants? That the whole Kingdom, with all our Lands, Houses, Goods, and whatsoever we have, is theirs, and that by right of Conquest, they having twice conquered the Kingdom: That we are but their conquered slaves and Vassals, and they the Lords and Heads of the Kingdom: That our very lives are at their mercy and courtesy. That when they have got ten all we have from us by Taxes and freequarter, and we have nothing left to pay them, than themselves will sei●…e ●…pon our Lands as their own, and turn us and our Families out of doors: That there is now no Law in England (nor never was, i●… we believe their lying Oracle Peter's) but the Sword; with many such like vapouring Speeches and discourses, of which there are thousands of witnesses: I can neither in Conscience, Law, nor Prudence assent unto, much less contribute in the least degree for their present maintenance, or future continuance, thus to insult, enslave, and tyrannize over King, Kingdom, Parliament, People at their pleasure, like their conquered Vassals. And for me in particular to contribute to the maintenance of those, who against the Law of the Land, the privileges of Parliament, and liberty of the Subject, pulled me forcibly from the Commons House, and kept me prisoner about two months' space under their martial, to my great expense and prejudice, without any particular cause pretended or assigned, only for discharging my duty to the Kingdom, and those for whom I served in the House, without giving me the least reparation for this unparalleled injustice, or acknowledging their offence (and yet detain some of my then fellow-Members under custody by the mere power of the Sword, without bringing them to trial) would be, not only absurd, unreasonable, and a tacit justification of this their horrid violence, and breach of privilege, but monstrous, unnatural, perfidious, against my Oath and Covenant. 2. No Tax ought to be imposed on the Kingdom in Parliament itself, but in case of necessity, for the common good, as is clear by the Stat. of 25 E. 1. c. 6. & Cook's 2 Instit. p. 528. Now it is evident to me, that there is no necessity of keeping up this Army for the Kingdoms common Good, but rather a necessity of disbanding it, or the greatest part of it, for these reasons: 1. Because the Kingdom is generally exhausted with the late 7 years' Wars, Plunders and heavy Taxes; there being more moneys levied on it by both sides, during these eight last years, then in all the King's Reigns since the Conquest, as will appear upon a just computation: all Counties being thereby utterly unable to pay it. 2. In regard of the great decay of Trade, the extraordinary dearth of cattle, corn, and provisions of all sorts; the charge of relieving a multitude of poor people, who starve with famine in many places, the richer sort eaten out by Taxes and freequarter, being utterly unable to relieve them. To which I might add the multitude of maimed soldiers, with the widows and children of those who have lost their lives in the Wars, which is very costly. 3. This heavy Contribution to support the Army, destroys all Trade, by forestalling and engrossing most of the moneys of the Kingdom, the sinews and life of Trade; wasting the provisions of the Kingdom, and enhancing their prices, keeping many thousands of able men and horses idle, only to consume other labouring men's provisions, estates, and the public Treasure of the Kingdom, when as their employment in their Trades and callings, might much advance trading, and enrich the Kingdom. 4. There is now no visible Enemy in the field or Garrisons, and the sitting Members boast there is no fear from any abroad, their navy being so Victorious. And why such a vast Army should be still continued in the Kingdom to increase its debts and payments, when charged with so many great Arrears and Debts already, eat up the Country with Taxes and freequarter, only to play, drink, whore, steal, rob, murder, quarrel, fight with, impeach and shoot one another to death as Traitors, Rebels, and Enemies to the Kingdom and people's Liberties, as now the Levellers and Cromwellists do, for want of other employments, and this for the public Good, transcends my understanding. 5. When the King had two great Armies in the Field, and many garrisons 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 than thought sufficient, as is evident by their (o) Collect. &c. pag. 599. 876. 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 garrisons, and ease the Country of all freequarter; 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 men's private lucre, rather than the public weal. 6. The Militia of every ●…ounty (for which there was so great contest in Parliament with the late King) and those persons of livelihood and estates in every Shire or Corporation who have been cordial to the Parliament and Kingdom heretofore, put into a posture of defence under Gentlemen of quality and known integrity, would be a far agreater Guard to secure the Kingdom against foreign Invasions or domestic Insurrections, than a mercenary Army of persons and soldiers of no fortunes, and that with more general 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 freequarter. 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 aver, the freequarter they have taken in kind, 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 freequarter too, and the Country bear the burden 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 Object. dare not trust the Militia of the Cities and Counties of the Realm with their own or the kingdom's defence: Therefore there is a necessity for them to keep up the Army, to prevent all dangers from abroad, and Insurrections at home. I answer, 1. That upon these pretences these new Lords may 〈◊〉 entail and enforce an Army, and Taxes to support them, on the Kingdom till doomsday. 2. If they be real Members who make this Objection, elected by the Counties, Cities and Boroughs for which they serve, and deriving their parliamental Authority only from the People, (the only n●…w fountain of all Power and Authority, See their Declaration, 17 March, 1648. pag. 1. 27. as themselves now dogmatise) than they are but their Servants and trusties, 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, entrusted and empowered them, and are the primitive and supreme Power; it is high time for their Electors and Masters [the People] to revoke their authority, trusts, and call them to a speedy account for all their late exorbitant proceedings, and mispence of the kingdom's Treasure; 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 mercenary, indigent soldiers, then to those Gentlemen, freeholders, Citizens, Burgesses, and persons of Estate who elected them, whose trusties and attorneys only they profess themselves, and who have greatest interest both in them and the kingdom's weal, and are those who must pay these Mercenaries, if continued. 3. The Gentlemen and freemen of England have very little reason any longer to trust the Army with the Kingdoms, Parliaments, or their own Liberties, Laws, and privileges 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 freemen: averring, that All is theirs by conquest (which is as much as the King and his Cavaliers, or any foreign enemy could or durst have affirmed, had they conquered us by battle:) And if so, than this Army is not, cannot be upheld and maintained for the Kingdoms and people's common good and safety, but their enslaving, destruction, and the mere 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 * Ezek. 18. 24. lost and stained all the glory of their former noble Victories and heroic 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 heavy Tax, is the support and maintenance of the Forces in I●…land, for which there was only 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 c. 5. 7. 18. Ed. 3. c. 7. 25. Ed. 3. c. 8. 4 H. 4. c. 13. C●…oks 2 Institutes●… p. 528. and the Protestation of all the Commons of England in the Parliaments of 1 Hen. 5. num. 17. and 7. H. 5. num. 9 That no freeman of England ought to be compelled to go in person●…●…r to find soldiers, Arms, Conduct mone●…, Wages, or pay any Tax for or towards the maintenance of a●…y foreign War in Ireland, or any other parts beyond the Sea, without their free consents in full Parliament. And therefore this Tax to maintain soldiers and the war in I●…eland (neither imposed in Parliament, much less in a full and free one, as I have proved) must needs be illegal, and no ways obligatory to me, or any other. 2. Most of the ancient Forces in Ireland (as the British Army, Scots and Inchiqueen's, towards whose support the twenty thousand pounds a month was designed) have been long since declared Rebels, traitors, 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 to 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 dissuade others from going, yet take freequarter 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 Roe-Oneal, and his party of bloodiest Papists; but to oppose the King's interest and Title to that Kingdom ( * See Selden's Titles of honour. p. 42. settled on HIM, HIS HEIRS & SUCCESSORS FOR EVER by an express act of Parliament made in Ireland, 33. H. 8. c. 1. and by the Stat. of 1 Jac. c. 1. made in England, yet unrepealed,) and the Protestant remaining party there, adhering to, and proclaiming, acknowledging him for their sovereign; lest his gaining of Ir●…land should prove fatal to their usurped sovereignty in England, or conduce to his enthroning here: And by what Authority these now sitting can impose, or with what conscience any loyal Subject who hath tagen the Oaths of Supremacy, allegiance, and Cov●…nt, can voluntarily pay any Contribution to deprive the King of his hereditary right, and undoubted title to the Kingdoms & Crowns of England & Ireland, and alter the frame of the ancient Government and Parliaments of our Kingdoms, p See A Col●… lect. p 94. 95. 99 698 700. 877. 878. Remo●…strated so often against by both Houses, and adjudged High Treason in Canterbury's and Straffords 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 loss of his life & estate, by the very laws and Statutes yet in force transcends my understanding to conceive: wherefore I neither can, nor dare, in conscience, law or prudence, submit to this contribution. Fourrhly, 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, distress and sale of the goods of those who refuse to pay it; with power to break open their Houses (which are their Castles) doors, chests, &c. to distrain; which is against Magna Charta c. 29. The Petition of Right; The Votes of both Houses in the case of shipmoney, 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. Semains case, and 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 Loans; and 17 Caroli, in the case of shipmoney, the judgement of our Judges and Law-books, collected by Sir Edward Cook. in his 2 Inst. p. 46. &c. and the Statute of 2. H. 4. Rot. Parl. n. 6. unprinted, but most express in point. Thirdly, Levying of the contribution by soldiers and force of arms, in case of resistance, and imprisoning the person by like force: adjudged High Treason in the case 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. John 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 illegal means of levying it) if any person whose goods are destrained, or person imprisoned for this illegal tax, shall bring his Action at Law, or an Habeas corpus for his relief, the Committee of indemnity will stay his legal proceedings, award costs against him, and commit him anew till he pay them, and release his suits at Law, and upon an Habeas corpus, their own Sworn Judges (created by them, without any Oath to do equal Justice, &c. to all: but only to be true and faithful to their new-erected State:) dare not bail but remand 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 loans, shipmoney and Knighthood, without any council 〈◊〉, Committee of indemnity to stop their suits, or enforce 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 illegal Tax, but oppugn it to the utetrmost, as the most invasive on Laws and Liberties, that ever was. Fifthly, The time of imposing this illegal Tax, with these unlawful 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 year of England's Liberty, and redemption from thraldom. And if this unsupportable Tax, thus illegally to be levied, be the first fruits of our first years Freedom, and redemption from thraldom, as they style it; how great may we expect our next years thraldom will be, when this little finger of theirs is heavier by far then the Kings whole loins, whom they beheaded for Tyranny and Oppression? Sixthly, The Order of this Tax (if I may so term a disorder) or rather newness of it, engageth me, and all lovers of their country's Liberty, unanimously to withstand the same. It is the first, I find, that was ever imposed by any who had been Members of the Commons House after a Parliament dissolved; the Lord's House Voted down, and most of their fellow. Commoners secured or secluded by their con●…ivance or confederacy with an undutiful Army. Which if submitted to, and not opposed as illegal, not only the King or Lords alone without the Commons, bu●… 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 Com●…ons that once sat with them, being encouraged thereto by such an unopposed precedent. Which being of so dangerous consequence and eximple to the constitution and privileges 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 heavier Taxes of this kind, when this expires (which we must expect, when all the Kings, B shops, Deans and Chapters Lands are shared amongst them, sold and spent) as they will quickly be if we patiently submit to this leading Decoy; since (q) Matt. Paris, 517. Bonus Actus inducit consuetudinem, as our Ancestors resolved, Anno 1240. in case of an unusual Tax demanded by the Pope; whereupon they all unanimously opposed it at first; (r) Ovid de Remed. Amoris. Opprime dum nova sunt subiti mala semina morbi: Principiis obsta; serò medecina paratur Cum mala per longas invaluere moras, Being the safestrule of state-physic we can follow in such new desperate diseases, which endanger the whole body-politic. Upon which grounds the most conscientious Gentlemen and best Patriots of their Country opposed Loans, Ship-money, Tonnage, Poundage, Knighthood, and the late illegal Impositions of the King and his council in the very beginnings of them, and thought themselves bound in Conscience, Law, Prudence so to do, though there were some colourable reasons and precedents of former times pretended to countenance them. And if these Worthies conceived themselves thus obliged to oppose those illegal Impositions of the King and his council, though countenanced by some judge's opinions as legal, to their immortal honour, and high esteem both in Country and Parliament, who applauded them as the (*) Exact Collection p. 5 6. And their own Declarations 17. Mar. 1648. P. 7. &c. principal maintainers of their country's Liberties; then much more ought I, and all other tenderers of their own and country's Freedom, to oppose this illegal dangerous Contribution imposed on us by a few fellow-Subjects only, without yea against all Law or precedent to countenance it, being of greater consequence, and worser example to the Kingdom, than all or any of the King's illegal projects or Taxes. Seventhly, the excessiveness of this Tax, much raised and increased, when we are so exhausted, and were promised and expected ease from Taxes, both by the Army in their Remonstrance, November 20. 1648. and by the (*) In their Declarations March. 27. 1648. p. 26. Imposers of it●… amounting to a sixt part, if not a moiety of most men's estates, is a deep Engagement for me to oppose it; since Taxes, as well as (s) Mag. Chart. c. 14. E. 3. c. 6. Cook. 2. Instit. p. 26. 27. 169. 170. Fines and Amerciaments ought to be reasonable; so as men may support themselves and their Families, and not be undone, as many will be by this, if forced to pay it by distress or Imprisonment. Upon this ground, in the Parliament Records, of 1 and 4 Ed. the Third, we find divers freed from payment of Tenths, and other Taxes lawfully imposed by Parliament, because the People were impoverished and undone by the wars, who ought to pay them. And in the printed. Statutes of 31 Henr. 6. c. 8. 1 Mariae c. 17. to omit others, we find Subsid●…es mitigated and released by subsequent Acts of Parliament, though granted by precedent, by reason of the people's poverty any inability to pay them. Yea sometimes we read of something granted them by the King, by way of aid to help pay their Subsidies, as in 25. Edward 3. Rastal, Tax. 9 and 36. Ed. 3. c. 14. And for a direct precedent in point: When (t) Matt. Paris, p. 516. Peter ruby the Pope's legate in the year 1240. exacted an excessive unusual Tax from the English clergy; the whole Clergy of Berk-sbire (and others) did all and every of them unanimously withstand it, tendering him divers Reasons in writing of their refusal, pertinent to our time and present Tax; whereof this was one, That the Revenues of their Churches scarce sufficed to find them daily food, both in regard of their smallness, and of the present dearth of Corns; and because there were such multitudes of poor people to relieve, some of which died of famine, so as they had not enough to suffice themselves and the poor. Whereupon THEY OUGHT NOT TO BE COM●…ELLED TO ANY SUCH CONTRIBUTION: which many of our clergy may now likewise plead most truly, whose Livings are small, and their Tithes detained; and divers people of all ranks and callings, who must sell their stocks, beds, and all their householdstuff, or rot in prison, if forced to pay it. Eighthly, the principal inducement to bring on the payment of this Tax, is a promise of taking off the all-devouring and undoing Grievance of freequarter: which hath ruined many countries and Families, and yet they must pay this heavy Tax to be eased of it for the future, instead of being paid and allowed for what is already past, according to (u) A Collection, &c. pag. 771. former engagements. Against which I have these just exceptions. 1. That the taking of freequarter by Soldiers in men's Houses, is a grievance against the very Common-Law itself, which defines every man's House to be his Castle and Sanctuary, into which none ought sorcibly to enter against his will; and which with his goods therein he may lawfully (x) See Cook, 5. Report. f. 91, 92. Seman's Case, 7 Rep. Sendels' case. Lambert f. 179. Dalton's Justice of Peace, 224. 24 H. 8. c. 5. fortify and defend against all intruders whatsoever, and kill them without any danger of Law: Against all the Statutes concerning (y) See Rastal Title Parveyers. purveyors, which prohibit the taking of any men's goods or provisions against their wills, or payment for them under pain of Felony, though by Commission under the great Seal of England. Against the express Letter and Provision of the Petition of RIGHT, 3. Caroli. Condemned by the Commons House in their (z) An exact Collect. p 7. Declaration of the State of the Kingdom of the 15. December, 1641. and charged as an Article against King Richard the second when deposed, in the Parliament of 1 H. 4. nu. 22. Yea, it is such a Grievance, as exposeth the houses, goods, provisions, moneys, servants, children, wives, lives, and all other earthly comforts we enjoy, to the lusts and pleasure of every domineering Officer, and unruly common soldier. Therefore absolutely to be abolished without any compensation: And to impose an unjust, heavy Tax, and induce people to pay it upon hopes of freeing them from freequarter, 16 but to impose one grievance upon pretext to remove another. 2. There have been many promises, Declarations and Orders of both Houses and the general, for taking off Free quarter heretofore, upon the people's paying in their Contributions before land, now; and than none should Free quarter on them, under pain of death: Yet no sooner have they paid in their Contribution, but they have been freequartered on as much or more then formerly: the soldiers, when we tell them of any Orders against freequarter, slighting them as so many wast papers, and carrying themselves more unruly: And when complaint thereof hath been made to the Officers, Members, or the Committee for the Army, or in the House; answer hath still been made, That as long as there is an Army on foot, there will be freequarter taken, and there can be no prevention of it, there being a nec●…y of it: and when any have craved allowance of it, they have ●…ound so many put-offs and delays, and such difficulties in obtaining it, that their expenses have equalled their allowance; and after allowances made, the moneys allowed have been called for again. So as few have had any allowance for quarters, and most have given over suing for them, being put to play an aftergame to sue for them after all their contributions first paid, and not permitted to deduct them out of their Contributions, as in Justice and reason they ought, which they are still enforced to pay without deduction. This pretext therefore of taking a way freequarter, is but a shoo-horn to draw on the payment of this Tax, and a fair pretext to delude the People, as they find by sad experience everywhere, and in the County and Hundred where I reside. For, not to look back to the last years freequarter taken on us (though we duly paid our Contributions,) In April and May last past, since this very Tax imposed for taking away freequarter, Colonel Harrison's Troopers under the command of Captain Spencer, (who quartered six days together in a place, and exacted and received most of them 3 s. others 3 s. 6 d. and the least 2 s. 6 d. a day for their Quarters, telling their Landlords, that their Lands, and the whole Kingdom was theirs) have put Bathwick, Bathford, Claverton, Combe, Hampton, Soustock, Walcot and Widcombe, small parishes in our Hundred and Liberty, as they will prove upon Oath, and given it me under their hands, to 94 li. 4 s. 3 d. charge; beside their quarters in other parishes of the Hundred, Sir Hardresse Waller's soldiers upon pretext of collecting arrears of Contribution not due from the hundred, put it to at least 30 l. charge more for freequarter, they being very rude and disorderly; and no sooner were we quit of them, but on the 22 and 23 of May last, Col. Hunks his Foot under the conduct of Captain Flower and Captain Eliot pretending for Ireland, but pro●…essing they never intended to go thither, marching from Minehead and Dunster (the next Western Ports to I●…eland further from it to oppress the Country, put Bathwich, L●…idge, Wolly, B●…theastan, Katherine and Ford to 28 l. 7 s. and S●…swick (where I live) to about 20 l. expenses for two days' freequarter (by colour of the general's Order dated the first of May●… being the rudest and deboistest in all kinds, that ever quartered since the wars, and far worse than the worst of gore's men, whereof some of them were the dregs, and their Captain Flower, a Cavalier heretofore in arms (as is reported) against the Parliament. Their carriage in all places was very rude, to extort money from the people, drawing out their swords, ransacking their houses, beating and threatening to kill them, if they would not give them two shillings six pence, three shillings, three shillings six pence, or at least two shillings a day for their quarters, which when extorted from some, they took freequarter upon others, taking two, three, and some four quarters a man: At my house they were most exorbitant, having (as their quartermaster told me, who affirmed to me they had twice conquered the Kingdom, and all was theirs) directions from some great ones above, from some others in the Country (intimating some of the Committee,) and their own Officers (who absented themselves purposely, that the soldiers might have none to control them) to abuse m●…. In pursuance whereof, some thirty of them coming to my house, shouting and hollowing in a rude manner on May 22, when their Billet was but for twenty, not showing any authority, but only a Ticket, [Mr. Prynne— 20] climbed over my Walls, forced my doors, beat my servants and workmen without any provocation, drew their swords upon me, (who demanded whose soldiers they were, by what authority they demanded freequarter, my house being neither inn, nor alehouse; and freequarter against Law and Orders of Parliament, and the Generals) using many high provoking Speeches, broke some of my windows, forced my strong-beer cellar-door, and took the key from my servant, ransacked some of my chambers under pretext to search for Arm●…, taking away my servants clothes, shirts, stockings, bands, cu●…s, handkerchiefs, and picking the money out of one of their pockets; hallowed, roared, stamped, beat the Tables with their Swords and Muskets like so many Bedlams, swearing, cursing, and blaspheming at every word; broke the Tankards, Bottles, Cups, Dishes wherein they fetched strongb●…er, against the ground, abused my maid servants, throwing bee●… & other good provisions at their heads, and casting it to the dogs, as no fit meat for soldiers, and the Heads and Conquerors of the Kingdom, as they called themselves; searched the outhouses for turkeys, which they took for their eggs and young ones, V●…al and Mutton being not good enough for them: They continued drinking and roaring before, at and after Supper, till most of them were mad, drunk, and some of them dead drunk under the Table. Then they must have 14 Beds provided for them (for they would lie but two in a Bed) and all their linen washed: My Sister answering them, that there were not so many beds in the house, and that they must be content as other soldiers had been, with such beds as could be spared; they thereupon threatened to force open her Camber door, and to pull her and her children out of their beds, unless she would give them three shillings a piece for their beds, and next day's quarters; and at last forced her for fear of their violence (being all drunk) to give them eighteen pence a piece, as soon as they were forth of doors, and six pence a piece the next day, if they marched not; whereupon they promised to trouble the House no more. Upon this agreement all but eight (who were gone to bed) departed that night, and the rest the next morning. But I going to the Lecture at the Bath, some thirty of them in my absence came about ten of the clock, notwithstanding the moneys received of my Sister for their Quarters, reentered the house, and would have Quarters again, unless she would give them three shillings a piece; which she refusing, they thereupon abused and beat the servants and workmen, forced them to drink with them all that day and night, swearing, cursing, roaring like so many Furies and Devils, broke open my Parlour, Milk-house, and Garden-doors, abused my Pictures and broke an hole in one of them; and hacked my Table-boards with their Swords from one end to the other, threw the chairs, stools, meat, drink about the house; assaulted my Sister, and her little children, and maidservants with their naked swords, threatening to kill them, and kick them to jelly, shot at them with their muskets, forced them out of the house to save their lives: which I hearing of, repaired to my house, and finding them all so Bedlam mad, and that they would not harken to any reason, nor be quieted, I thereupon rode to seek their Captain and Officers at Bath, who purposely absented themselves: and not finding them till the next morning, I acquainted the Captain then (as I had done the first night by Letter) with all these unsufferable outrages of the soldiers (contrary to the general's Order to carry themselves civilly in their Quarters, and abuse none in word or deed) which would render him and them odious, not only to the Country and Kingdom, but all Officers and soldiers who had any civility in them, and be a disparagement to the general, by whose Proclamation he ought to be present with his Company, to keep them in good order, under pain of cashiering: And therefore I expected and required Justice and Reparations at his hands; the rather, because I was informed by some of his own soldiers and others, that they had not been so barbarously rude, but by his encouragement: which if he refused, I should complain of him to his superiors, and right myself the best way I might. After some expostulations, he promised to make them examples, and cashier them, and remove them forthwith from my house: But the only right I had, was, that more of his Company repaired thither, making all the spoil they could, and taking away some brass and Pewter, continuing there till near four of the clock; and then marched away only out of fear I would raise the Country upon them; many of whom proffered me their assistance: but I desired them to forbear till I saw what their Officers would do; who in stead of punishing any of them, permitted them to play the like Rex almost in other places where they quartered since, marching but three or four miles a day, and extorting what money they could from the Country by their violence and disorders. Now, for me, or any other to give moneys to maintain such deboist Bedlams and Beasts as these (who boasted of their villainies, 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 civil persons) to be Masters of our Houses, Goods, Servants, Lives, and all we have, to ride over our heads like our Lords and conquerors, and take freequarter on us, amounting to at least a full years' contribution, without any allowance for it, and that since the last Orders against freequarter, 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, ruin the Country and Kingdom; who everywhere complain of the like insolences; and of taking freequarter since the ninth of June, as above two hundred of Colonel Cox his men did in Bath the last Lord's day; who drew up in a Body about the major's house, and threatened to seize and carry him away prisoner for denying to give them freequarter, 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 still oppressed with freequarter: And what an height of oppression and injustice this will prove, not only to distrain and imprison those who cannot in conscience, Law or prudence submit to this illegal Tax, but likewise to undo them, by exposing them to freequarter, which themselves condemn as the highest pest and oppression, let all sober men men consider: and what reason I and others have to oppose such a dangerous, destructive precedent in its first appearing to the world. In few words; As long as we keep an Army on foot, we must never expect to be exempted from freequarter or Wars, or to enjoy any peace or settlement: and as long as we will submit to pay contributions to support an Army, we shall be certain our new Lords and Governors will continue an Army to overawe and enslave us to their wills. Therefore the only way to avoid freequarter, and the cost and trouble of an Army, and settle peace, is to deny all future contributions. Ninthly, The principal end of imposing this Tax to maintain the Army and Forces now raised, is not the defence and safety of our ancient and first Christian Kingdom of England, its Parliaments, Laws, Liberties and Religion, as at first; but to disinherit the King of the Crown of England, Scotland, and Ireland, (to which he hath an undoubted right by common and Statute Law; as the Parliament of 1 Jacobi ch. 1. resolves) and to levy War against him, to deprive him of it: To subvert the ancient Monarchical Government of this Realm, under which our ancestors have always lived and flourished, to set up a new-republic, the oppressions and grievances whereof we have already felt (by increasing our Taxes, setting up arbitrary Courts and Proceedings to the taking away the lives of the late King, Peers, and other Subjects, against the fundamental Laws of the Land, creating new monstrous Treasons never heard of in the world before, and the like;) but cannot yet enjoy or discern the least ease or advantage by it: To overthrow the ancient constitution of the Parliament of England, consisting of King, Lords, and Commons, and the Rights and privileges thereof: To alter the fundamental Laws, Seals, Courts of Justice of the Realm, and introduce an arbitrary government at least, if not Tyrannical, contrary to our Laws, Oaths, Covenant, Protestation, (a) See An Exact collection: and a collection of public Orders, &c. p. 99 698. 700. 877. 878. public Remonstrances and Engagements to the Kingdom and foreign States, not to change the Government, or attempt any of the Premises. All which being no less than High Treason by the Laws and Statutes of the Realm (as Sir Edward Cook in his 4. Institutes ch. 1. and Mr. St John in his Argument at Law, upon passing the Bill of Attainder of the Earl of Strafford (both printed by the Commons special Order) have proved at large by many Precedents, Reasons, Records; and so adjudged by the last Parliament in the cases of Strafford and Canterbury, who were condemned and executed as Traitors by 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 other: I cannot submit thereto, without incurring the Crime and Guilt of thief several High Tre●…sons, and the eternal, if not temporal punishments incident thereunto, if I should volutarily contribute so much as one penny or farthing towards such Treasonable and disloyal ends as these, against my Conscience, Law, Loyalty and Duty, and all my Oaths and Obligations to the contrary. Tenthly, The payment of this Tax for the premised purposes, will (in my poor judgement and conscience) be offensive to God and all good men, scandalous to the Protestant Religion, dishonourable to our English Nation, and difadvantagious and destructive to our whole Kingdom, hindering the speedy settlement of our Peace, the re-establishment of our Laws and Government, abolishing of our Taxes, disbanding of our Forces, revival of our decayed Trade, by the renewing and perpetuating our bloody uncivil wars; engaging Scotland, Ireland, and all foreign Princes and Kingdoms in a just War against us, to avenge the death of our late beheaded King the disinheriting of his posterity, and restore his lawful Heirs and Successors to their just, undoubted Rights, from which they are now forcibly secluded; who will undoubtedly molest us with continual wars (Whatever some may fondly conceit to the contrary) till they be settled in the Throne in peace upon just and honourable terms, and invested in their just possessions. Which were far more safe, honourable, just, prudent, and Christian for our whole Kingdom voluntarily and speedily to do themselves, then to be forced to it at last by any foreign Forces; the sad consequences whereof we may easily conj●…cture, and have cause enough to fear, if we now delay it, or still contribute to maintain Armies to oppose their Titles, and protect the Invaders of them from public Justice. And therefore I can neither in conscience, piety nor prudence, ensnare myself in the guilt of all these dangerous consequences, by any submission to this illegal Tax. Upon all these weighty Reasons, and serious grounds of Conscience, Law, Prudence, (which I humbly submit to the Consciences and judgements 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 people's public Liberties with exceeding joy, comfort, and the ruin of my greatest enemies and Opposers) to oppugn this unlawful Contrbution, and the payment of it to the uttermost, in all just and lawful ways, I may; And if any will forcibly levy it by distress or otherwise, without Law or Right (as thieves and Robbers take men's goods and Purses) let them do it at their own utmost peril. I trust God and men will in due season do me justice upon them, and award me recompense for all their injuries in this kind, or any sufferings for my country's Liberties. How ever, fall back, fall edge, I would ten thousand times rather lo●…e life, and all I have, to keep a good conscience, and preserve my native Liberty, than part with one farthing, or gain the whole world with the loss of either of them; and rather die a Martyr for our Ancient Kingdom, then live a Slave under any new republic, or remnant o●… a broken, dismembered, strange Parliament of Commons, without King, Lords, or the major part of the Knights, Citizens and Burgesses of the realm, in being subject to their illegal Taxes, and what they call Acts of Parliament, which in reality are no Acts at all to bind me, or any other subject, to obedience, or just punishment for Non obedience thereunto, or nonconformity to what they style the present Government of the Armies modeling, and I fear, the Jesuits suggesting, to effect our Kingdoms and religion's ruin. WILLIAM PRYNNE. SWAINSWICK, June 16, 1649. PSAL. 26. 4, 5. I have not sat with vain persons, neither will I go in with Dissemblers: I have hated the Congregation of evil doers, and will not sit with the wicked. FINIS. A POSTCSRIPT. SInce the drawing up of the precedent Reasons, I have met with a printed Pamphlet, entitled, An Epistle written the 8th day of June, by Lieutenant Colonel John Lilburn, to Master William Lenthal Speaker to the remainder of those few Knights, Citizens and Burg●…es that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster, (as most fit for his and his Master's designs, to serve their ambitious and tyrannical ends, to destroy the good old Laws, Liberties and Customs of England, the badges of our Freedom, as the Declaration against the King, of the 7th of March, 1648. p. 23. calls them) and by force of Arms to rob the people of their lives, estates and properties; and subject them to perfect vassalage and slavery, &c. who (and in truth no otherwise) pretendedly stile themselves, The Conservators of the Peace of England, or the Parliament of England, entrusted and authorized by the consent of all the people thereof, whose Representatives by Election (in their Declaration last mentioned, p. 27. they say) they are; although they are never able to produce one bit of Law, or any piece of a Commission to prove, that all the people of England, or one quarter, tenth, hundred or thousand part of them authorized Thomas Pride, with his Regiment of soldiers, to choose them a Parliament, as indeed it hath de facto done by this PRETENDED MOCK-PARLIAMENT: And therefore it cannot properly be called the Nations or people's Parliament: but Col. Prides and his Associates, whose really it is: who, although they have beheaded the King for a Tyrant, yet walk in his oppressingest steps, if not worse and higher. In this Epistle, this late great champi●…n of the House of Commons, and fitting ●…cto's Supremacy, both before and since the Kings beheading, who with his Brother a His Petition and Appeal, & his Arrow of Defiance. See Mr. Edwards Ga●…grena, 3 pa. pag. 154. f. 204. Overton and their Confederates, first cried them up as, and gave them the Title of The Supreme Authority of the Nation: The only Supreme Judicatory of the Land: The only formal and legal Supreme power of the Parliament of England, in whom alone the power of binding the whole Nation by making, altering, or abrogating Laws, without either King or Lords, resides, &c. and first engaged them by their Pamphlets and Petitions, against the King, Lords, and personal Treaty, (as he and they print and boast in b Pag. 11, 29. this Epistle, and other late Papers) doth in his own and his Parties behalf (who of late so much adored them, as the only earthly Deities and Saviours of the Nation) now positively assert and prove First, That c Pag. 34, 35. Commissary General Ireton, Colonel Harrison, with other Members of the House, and the General council of Officers of the Army, did in several Meetings and Debates at Windsor, immediately before their late march to London to purge the House, and after at Whitehall, commonly style themselves the pretended Parliament (even before the Kings beheading) a MOCK PARLIAMENT, a MOCK POWER, a PRETENDED PARLIAMENT; & NO PARLIAMENT AT ALL: And that they were absolutely resolved and determined TO PULL UP THIS THEIR OWN PARLIAMENT BY THE ROOTS, and not so much as to leave a shadow of it; yea, and had done it, if we (say they) and some of our then FRIENDS in the House, had not been the Principal Instruments to hinder them: We judging it then of two evils the least, to choose rather to be governed by THE SHADOW OF a PARLIAMENT, till we could get a real and a true one (which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect) then simply, solely and only by the will of swordmen, whom we had already found to be men of no very tender consciences. If then these leading, swaying members of the new pretended purged Commons Parliament and Army, deemed the Parliament even before the Kings beheading, a Mock-parliament, a mock-power, a pretended Parliament, yea, no parliament at all; and absolutely resolved to pull it up by the roots as such, than it necessarily follows, First, That they are much more so after the King's death, and their suppression of the Lord's House, and purging of the Commons House to the very dregs, in the opinions and consciences of those now sitting, and all other rational men. And no ways enabled by Law to impose this or any other new Tax or Act upon the Kingdom, creating new Treasons and●…Penalties. Secondly, that these grand saints of the Army and Stearsmen of the Pretended Parliament knowingly sit, vote and act there against their own judgements and consciences, for their own private, pernicious ends. Thirdly, that it is a baseness, cowardice, and degeneracy beyond all expression, for any of their fellow-members now acting, to suffer these Grandees in their Assembly & Army, to sit or vote together with them, or to enjoy any Office or command in the Army, or to impose any tax upon the People to maintain such Officers, Members, soldiers, who have thus vilified, affronted their pretended Parliamentary Authority, and thereby induced others to contemn and question it: and as great a baseness in others for to pay it upon any terms. Secondly he there affirms that (d) Pag. 26, 27 Oliver Crumwel by the help of the Army at their first Rebellion against the Parliament, was no sooner up, but like a perfidious, base, unworthy man, &c. the House of Peers were his only white boys, and who but Oliver (who before to me had called them in effect both Tyrants and Usurpers) became their Proctor, where ever he came; yea and set his son Ireton at work for them also; insomuch that at some meetings, with some of my friends at the Lord Wh●…rtons lodgings, he clapped his hand upon his breast, and to this purpose, professed in the sight of God upon his conscience, THAT THE LORDS HAD AS TRUE A RIGHT TO THEIR LEGISLATIVE & JURISDICTIVE POWER OVER THE COMMONS AS HE HAD TO THE COAT UPON HIS BACK, and he would procure a friend, viz. Master Nathaniel Fiennes, should argue and plead their just right with any friend I had in England. And not only so, but did he not get the General and council of War at Windsor (about the time that the Votes of no more addresses were to pass) to make a Declaration to the whole world, declaring, THE LEGAL RIGHT OF THE Lords' HOUSE, & THEIR FIXED RESOLUTION TO MAINTAIN & UPHOLD IT? which was sent by the General to the Lords by Sir, Hardresse Waller: and to inde●…r himself the more unto the Lords in whose house without all doubt he intended to have sat himself, he requited me evil for good; and became my enemy to keep me in Prison, out of which I must not stir, unless I would stoop and acknowledge the Lord's 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, Lieutenant general Cromwell, Ireton, Harrison, and other Officers of the Army now sitting as Members, and overruling all the rest, have wittingly acted against their own knowledges, Declarations, judgements, Consciences in suppressing the Lords' Hou●…e; 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 judgement 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 country's Liberties, or have any Nobility, or Generosity in them. Thirdly, he (e) Pag. 34. 39, 40. 56, 47. 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, than such a company of men are a Parliament or Representative of the People, that a company of armed thieves 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 merely 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 army's 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 schoolboys, 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 screen betwixt them and the people, with the name of Parliament, and the shadow and imperfect image of Legal and Just Authority to pick their pockets for them by Assessments and Taxations; and by their arbitrary and tyrannical Courts and Committees (the best of which is now become a perfect Starchamber, High-Commission, and council-board) make them their perfect slaves and vassals. With much more to this purpose. If then their Principal admirers, who confederated with the Army, and those now sitting, in all their late proceedings; and cried them up most of any, as the Parliament and supreme Authority of England before, at, and since the late force upon the House, and its violent purgation, do thus in print professedly disclaim them, for being any real Parliament or House of Commons, to make Acts or impose Taxes upon the people; the secluded Members, Presbyterians, royalists, and all others, have much more cause and ground to disavow and oppose their usurped Parliamentary authority and illegal Taxes, Acts, as not made by any true English Parliament, but a Mock-Parliament only. Fourthly, He therein further avers: (f) Pag. 52. 53. 56. 57 58. 59 That the death of the King, in Law indisputably dissolves this Parliament, ipso facto, though it had been all the time before never so entire and unquestionable to that very hour. That no Necessity can be pretended for the continuance of it; the rather, because the men that would have it continue so long as they please, are those who have created these necessities on purpose, that by the colour thereof they may make themselves great and potent. That the main end wherefore the Members of the Commons house were chosen and sent thither, was, To treat and confer 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 ●…yn with, and who were legally to make permanent and binding Laws for the people of the Nation. And therefore having taken away two of the three Estates that they were chosen on purpose to join with to make laws, the end both in reason and law of the people's trust is ceased: for a Minor joined with a Major for one and the same end, cannot play Lord paramount over the Major, and then do what it please; no more can the Minor of a Major; viz. one Estate of three, legally or justly destroy two of three, without their own assent, &c. That the House of Commons sitting freely within it's limited time, in all its splendour of glory, without the awe of armed m●…n, 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. Pride's pitiful Junto A PARLIAMENT, especially those that call●…, avowed, protested and declared again and again those TO BE NONE that sat 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 t●…mult 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 show of their own wills, lusts and pleasures for laws and Rules of Government, made by a PRETENDED EVERLASTING, NULLED PARLIAMENT, a council of State, or Star-Chamber and a council of War, or rather by Fairfax, Cromwell and Ireton. Now if their own late confederates and creatures argue thus ●…n print against their continuing a Parliament, Jurisdiction, Proceedings, Taxes, and arbitrary pleasures, should not all others much more do it, and oppose them to the utmost upon the 〈◊〉- same ends? Fifthly, He there likewise affirms, (g) pag. 53, 54. 59 41. that those now fitting at Westminster have perverted the ends of their trusts then ●…ver Strafford did: 1. In not easing the people of, (bu●…encreasing) their greivances. 2, In exhausting their Estates to maintain and promote pernicious designs to the people's destruction. The King did it by a little shipmoney & Monopolies; but since they began, they have raised and exto●…ted more money 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 part. 5 Twentyeth parts. 6 meal-money. 7 Sale of plundered goods. 8 loans. 9 Benevolencies. 10. Collections upon their fast days. 11 New impositions or customs upon merchandise, 12 Guards maintained upon the charge of private men. 13 Fi●…ty 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 children's 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 commonwealth's use, divide it by thousands and ten thousands a piece amongst themselves, and wipe their mouths after it, like the impudent Harlot, as though they had done no evil; and then purchase with it public Lands at small or trivial values: O brave trusties! 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 choicest and profitabl●…st Places of the Kingdom among themselves. Therefore when I seriously consider, how many men in Parliament and elsewhere of their Associates (that ●…udge 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 only of the people of the 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 myself, 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 world's goods, and seeth his brother hath need, and shutteth up his bowels of compassion from 〈◊〉 (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 practices are so far from being like the true and real children of the most High, that they are the highest oppression, theft and murder in the wo●…ld, to rob the poor in the day of their great distress by Excise, Taxations, &c. to maintain their pomp, superfluities and deb●…ry, when many of those from whom they take it, do perish and starve with want & hunger in the mean time, and be deaf and Adamant-hearted to all their tears, cries, LAMENTATIONS, MOURNFUL HOWLINGS, groans. Without all doubt, these pretended, Godly Religious men, have got a degree beyond those Atheists o●…Fools , that say in their hearts, there is no God. Psal. 14. 1. and 53. 1. 3. In quite destroying the people's essential Liberties Laws and Freedoms, & in leaving them no Law at all (as M. Peter's their grand Teacher aver●…ed lately to my face we had none) but their mere will and pleasures; saving felons Laws, or martial Law, where new Butchers are both Informers. Parties, jury men and judges, who have had their hands embrued in blood for above seven these years together, having served an apprenticeship to killing of men for nothing but money, and so are more bloo●… than Butchers that kill 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 sheddidg of blood of beasts, and thereby through a habit of it may not be so tender of the blood of men, as the Law of England, Reason and justice would ha●…e them to be. Yea, do not these men by their swords, being but servants, give what Laws they please to their Masters the pretended lawmakers of your House, now constituted by as good and legal a power as he that robs and kills a man upon the highway. And if this be the verdict of their own Complices & Partiza●…s concerning them & their proceedings, especially touching their exhausting our Estates by Taxes, and sharing them among themselves in the time of famine and penury (is the great Officers of the Army and Treasurers who are Members now do, 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 rea●…on and justice too) are not all others bound by all bonds of conscience, Law, Prudence to withstand their impositions and Edicts unto death, rather than yield the least submission to them? Sixthly, He there avers, proves and offers legally to make good, before any indifferent Tribunal, that the (h) Pag. 2. 15. 27. 29. 33. 34. 35 41. 53. 57, 58, 59, 64. 65. 75. Grandees and overruling Members of the House and Army are not only, a pack of dissembling, juggling 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 murderers; who had shed men's 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 traitors, Enemies, Rebels to, and (i) See Pag. 91. 32. conspirators against the late King (whom they absolutely resolved to destroy though they did it by Martial Law) Parliament, kingdom and the people's Majesty and sovereignty; That the pretended House and Army are guilty of all the late crimes in kind, 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, than ever the King did: and considering their many oaths, 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 aught by all rational and honest men to be the most detested and abhorred of all men that ever breathed, by how much more under the pretence of friendship and brotherly kindness they have done all the mischief they have done in destroying our laws and liberties; there being no Treason like Judas his Treason, who betrayed his Lord and Master with a kiss, &c. And shall we then submit to their Taxes and new Acts, or trust them with our estates, lives, liberties, and the supreme power, if such now in their own late adorers eyes? Seventhly, He there asserts, (k) P. 57 34. That whosoever st●…ps to their new change of Government and Tyranny, and supports it, is as absolute a traitor both by Law and Reason, as euèr was in the world; If not against the King, PRINCE CHARLES, (heir apparent to his Fathers●… Cro●…n and Throne) yet against the people's Majesty and Sover●…. And if this be true, as it is, That this purged 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 Tyburn &c. by their sentence of condemnation are merely murdered, and the Judges and Justices that condemned them are liaeble in time to be hanged●… (and that justly) therefore for acting without a just and legal Commission: either from TRUE REGAL OR TRUE PARLIAMENTARY POWER: (except in corporations only where they proceed by ancient Charters in the Ancient Legal form). And if this be Law and (l) Luk. 19 14. 27. c. 12. 13. 14 Gospel (as no doubt it is) then by the same reason, not only all legal proceedings, Indictments, judgements, Verdicts, Writs, trials, Fines, Recoveries, recognizances, and the like before any of our new created Judges and Justices since the Kings beheading in any Courts at Westminster, or in their Circuits, assizes, or quarter Sessions, held by new Commissions, with all Commissions and Proceedings of Sheriffs, are not only merely void, illegal, & coram non judice to all intents, with all Bills, Decrees, and Proceedings in Chancery, or the Rolls; and all Judges, Justices Sheriffs, now acting, and Lawyers practising before them in apparent danger of High-Treason both against King, Kingdom, they neither taking the oaths of Judges, Supremacy or Allegiance as they ought by Law; but only to be true and faithful to the new Erected State; but likewise all votes and proceedings before the pretended House or any of their Committees, or subcommittees in the Country, with all their Grants and Offi●…es, Moneys●… Salaries, Sequestrations, Sales of Lands or goods, Compositions &c. mere Nullities and illegal acts, and the proceedings of all active Commissioners, Assessors, collectors, Treasurers, &c. and all other Officers employed to levy and to collect this illegal tax to support that usurped Parliamentary Authority, and Army, which have beheaded the late King, disinherited his undoubted●…H●…, levied war against and dissolved the late Houses of Parliament, subverted the ancient Government of this Realm, the constitution and Liberties of our Parliaments, the laws of the Kingdom, with the Liberty and property of the people of England, no less than 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 employed, 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 proved rate for the 3 last months contribution, and to fine those who refuse to do it (a mere diabolical invention to multiply perjuries to damn men's souls, invented by Cardinal Woolsy, much enveighed against by Father Latimer in his Sermons, condemned by the express words of the Petition of Right providing against such oaths; and a s●…are to enthrall the wealchier sort of people by discovering their estates, to subject them to what future Taxes they think fit) when as the whole House of Commons in no age had any power to administer an Oath in any case whatsoever, much l●…sse than to confer any authority on others to give such illegal oaths, and fine those who refuse them, the highest kind of Arbitrary Tyranny both over men's Consciences, Properties, Liberties; to which those who voluntarily submit deserve not only the name of traitors to their Country, but to be (m) Exod. 21. 5. 6. 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 administering such oaths, and levying illegal Taxes by distress or otherwise, may and will undoubtedly smart for it at last; not only by Actions of trespass, false Imprisonment, account, &c. brought against them at the Common Law, when there will 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 lega●… plea to acquit them from the guilt and punishment of traitors both to their King and Country; pretended present sordid fear of loss of Liberty, Estate, or the like, being no (n) See 1. H. 4. Rot. Par. n 97. excuse in such a case and time as this, but an higher aggravation of their crime: the (o) Rev. 21. 8. FEARFUL being the first in that dismal list of Malefactors, who shall have part in the lake which burneth with fire and brimstone, which is the second death; even by Christ's own sentence. JOHN 18. 34. To this end was I born, and for this cause came I into the world, that I should bear witness unto the truth. FINIS.