Historical Vindication Part 1 and 2, Chapter 2

Historical Vindication Part 1 and 2 · Chapter 2

p. 59CHAP. 2.

HAving thus ſufficiently proved, That the Kingdom, and Freemen of England, have ſome antient Hereditary Rights, Liberties, Franchiſes, Privileges, Cuſtoms, properly called FUNDAMENTAL, as likewiſe a Fundamental Government, no ways to bee altered, undermined, ſubverted, directly or indirectly, under the guilt and pain of High Treaſon in p. 60thoſe who attempt it, eſpecially by fraud, force, or armed Power.

I ſhall in the ſecond place preſent you in brief Propoſitions, a Summary of the chiefeſt and moſt conſiderable of them, which our prudent Anceſtors in former Ages, and our lateſt real Parliaments, have both declared to be, and eagerly conteſted for, as fundamental, and eſſential to their very being, and well being, as a Free People, Kingdom, Republick, unwilling to be enſlaved under any Yorkes of Tyranny, or Arbitrary Power: that ſo the whole Nation may the more perſpicuouſly know and diſcern them, the more ſtrenuouſly contend for them, the more vigilantly watch againſt their violations, underminings in any kinde, by any Powers or pretences whatſoever, and tranſmit, perpetuate them intirely to their Poſterities, as their beſt and chiefeſt inheritance.

I ſhall compriſe the ſum and ſubſtance of them all in theſe Ten Propoſitions, beginning with the Subjects Property, which hath been moſt frequently, univerſally invaded, aſſaulted, undermined by our Kings, and their evil Inſtruments heretofore, and others ſince, and thereupon more ſtrenuouſly, frequently, vigilantly maintained, fenced, regained, retained by our Nobles, Parliaments, and the people in all Ages (till of late years) than any or all of the reſt put together, though every of them hath been conſtantly defended, maintained, when impugned, or incroached upon, by our Anceſtors, and our ſelves.

1 That**See the Laws of King Edward the Confeſſor, confirmed by William the Conquerour, Lex. 55, 56, 57. The great Charters of King John, and Henry 3. c. 29, 30. 25 E. 1. c. 5, 6. 34 E. 1. De Tallagio. c. 1, 14 E. 3. Stat. 1. c. 21. Stat. 2. c. 1. 35 E. 3. Stat. 2. c. 1. 15 E. 3. Stat. 3. c. 5. 21 E. 3. Rot. Parl. N. 16. 25 E 3. Rot. Parl. N. 16, 27 E. 3. Stat. 2. c. 2. 36 E. 3. Rot. Parl. N. 26. 38 …. 3. c. 2. 45 E. 3. Rot. Parl N. 42. 11 H. 4. Rot. Parl. N. 50. 1 R. 3. c. 2. The Petition of Right, 3 Caroli, the Acts againſt Ship-money, Knighthood, Tonnage, and Poundage, 16. & 17. Caroli. no Tax, Tallage, Aid, Subſidy, Cuſtom, Contribution, Loan, Impoſition, Exciſe, or other Aſſeſment whatſoever, for defence of the Realm by Land or Sea, or any other publick, ordinary, or extraordinary occaſion, may or ought bee impoſed, or leavied upon all or any of the Freemen of England, by reaſon of any pretended or real Danger, Neceſſity, or other pretext, by the Kings of England, or any other Powers, but only with and by their common conſent and grant, in a free and p. 61lawful Engliſh Parliament duly ſummoned and elected; except only ſuch antient, legal Ayds, as they are ſpecially obliged to render by their Tenures, Charters, Contracts, and the common Law of England.

2 That**See Magna Charta, c. 29. & Cooks Inſtitutes on it. 5 E. 3. c. 9 15 E. 3. c. 1, 2 25 E. 3. c. 4 28 E. 3. c. 3 37▪ E. 3. c. 18 42 E. 3. c. 3 2 R. 2. c. 2 4 5 H. 4. c. 10 19 H. 7. c. 10 23 H. 8. c. 8 The Petition of Right, 3 Caroli, and other Acts in ch. 3. 2 H 4. Rot. Parl. N. 60. & 69. no Free-man of England ought to bee arreſted, confined, impriſoned, or in any private Caſtles, or remote unuſual Priſons, under Souldiers, or other Guardians, but only in uſual or Common Gaols, under ſworn reſponſible Goalers, in the County where he lives, or is apprehended, and where his friends may freely viſit and releeve him with neceſſaries; And that only for ſome juſt and legal Cauſe expreſſed in the Writ, Warrant, or Proceſs, by which he is arreſted or impriſoned; which ought to be legally executed, by known, legal, reſponſible ſworn Officers of Juſtice, not unknown Military Officers, Troopers, or other illegal Catchpolls; That no ſuch Free-man ought to bee denied Bail, Mainpriſe, or the benefit of an Habe as Corpus, or any other Legal Writ for his enlargement, when Bailable or Mainprizable by Law; nor to be detained Priſoner for any real or pretended Crime, not bailable by Law longer than until the**4 E. 3. c. … 17 R. …. c. 10 next general or ſpecial Gaol-delivery, held in the County where he is impriſoned; when and where he ought to be legally tried and proceeded againſt, or elſe enlarged by the Juſtices, without denial or delay of Right and Juſtice. And that no ſuch Free-man may, or ought to be out-lawed, exiled, condemned to any kinde of Corporal puniſhment, loſs of Life or Member, or otherwiſe deſtroyed or paſſed upon, but only by due and lawful Proceſs, Indictment, and the lawful Trial, Verdict, and Judgement of his Peers, according to the good old Law of the Land, in ſome uſual Court of publick Juſtice; not by and in new illegal Military, or other Arbitrary Judicatories, Committees, or Courts of High Juſtice, unknown to our Anceſtors.

3 That the ordinary**See the Laws of Edward the Confeſſor, and William, the Conqueror, Lex. 35. 55, 56, 58. Raſ…als Abridgement. Tit. Armour. 35 E. 3. c. 8. Rot. Parl. N. 23▪ The Statures for impreſſing Souldiers, 16 & 1… Caroli. ſtanding Militia, Force, and Arms of the Kingdom, ought to reſide in the Nobility, Gentry, Freeholders, and Trained Bands of the Kingdom, not in Mercenary Officers and Souldiers, receiving pay, and Contributions from the people; more apt to oppreſs, inſlave, betray, than protect their Laws, Liberties, and to protract than end their Warres and Taxes. That no Free-men of England, unleſs it bee by p. 62ſpecial Grant and Act of Parliament,… E. 3. Stat. 2. c 5. 4 H. 4. c. 13. Exact collection, p. 878, 879. may or ought to be compelled, enforced, preſſed, or arrayed to go forth of his own County (much leſs out of the Realm into forreign parts) againſt his will, in times of Warre or Peace; or except he be ſpecially obliged thereto by antient Tenures and Charters, ſave only upon the ſudden coming of ſtrange enemies into the Realm; and then he is to array himſelf only in ſuch ſort, as he is bonnd to do by the ancient Laws and Cuſtoms of the Kingdom ſtill in force.

4 That noaaSee Magna Char. c. 29. 5 E. 3. c. 9. 15 E. 3. c. 1, 2 21 E. 3. Rot. Parl. N. 28. 1… E. 3. N 35, 36, 37. …5 E. 3. c. 4 Rot. Parl. N. 16. 28 E. 3. c. 3. 37 E. 3. c. …8. 42. E. 3. c. 1. 3. 2 R. 2. Parl. 2. c. 2. 7 R. 3. c. 4. 2 H 4. Rot. Parl. N. 60. 69. 15 H. 6. c. 4. The Petition of Right, 3 Car. and the Statutes againſt Ship-money, Knighthood, Tonnage and Poundage, 16, & 17 Caroli. Free-man of England may, or ought to be diſinherited, diſſeiſed, diſpoſſeſſed, or deprived of any Inheritance, Free-hold, Office, Liberty, Cuſtom, Franchiſe, Chattles, Goods, whatſoever, without his own Gift, Grant, or free Conſent, unleſs it be by lawful Proceſſe, Trial, and Judgement of his Peers, or ſpecial Grant by Act of Parliament; nor to be denied or delayed common Right or Juſtice in any caſe.

5 That the old received Government, Laws, Statutes, Cuſtoms, Priviledges, Courts of Juſtice, legal Proceſſe of the Kingdom, and Crown, ought not to be altered, repealed, ſuppreſſed in any ſort; nor any new form of Government, Law, Statute, Ordinance, Court of Judicatury, Writ…, or legal proceedings, inſtituted, or impoſed on all, or any of the Free-men of England, by any perſon or perſons, but only in and by the bbSee 1 Sam. 7. 4, to the end. c. 11. 14, 15. c. 12. 1. 2 Sam. 5. 1, 2, 3. c. 16. 18. 1 King. 12. 3. to 21. c. 16. 1…. c. 20. 7, 8. 2. King. 11. 1. to 21. c. 21. 24. c. 23. 30.1 Sam 7:42 Sam 5:12 Sam 5:22 Sam 5:31 Kgs 12:3–212 Kgs 11:1–21Kingdoms, peoples free and full precedent conſent in a lawful Parliament, wherein the Legiſlative power ſolely reſides.

6 That Parliaments ought to be duly ſummoned, and held, for the good and ſafety of the Kingdom, every year, or every three years at leaſt, or ſo ſoon as there is juſt occaſion. That the Election of all Knights, Citizens, and Burgeſſes, to ſit and ſerve in Parliament (and ſo of all other Elective Officers) ought to be free. ThatccKing Johns Magna Cha…ta, Matth. Paris, p. 247. 5 R. 2. c. 4. cook… 4. Inſtit c. 1. My Plea for the Lords, My Ardua Regui, The Levellers levelled▪ and Epiſtle before my Speech in Parliament. 4 E. 3. c. 14. 36 E. 3. c. 10. 50 E. 3. N. 151. 1 R. 2. N. 95. 2 R. 2. N. 4, 5. all Members of Parliament Hereditary or Elective, ought to be preſent, and there freely to ſpeak and vote p. 63according to their Judgements and Conſciences, without any over-awing Guards to terrifie them; and none to be forced, ſequeſtered, or ſecluded thence by force or fraud. That all Parliaments not thus duly and freely ſummoned, elected, freely held, but unduly packed, without due Elections, or by forcible ſecluding, ſecuring any of the Members, or not ſummoning all of them to the Parliament, and all Acts of Parliament fraudulently, or forcibly procured by indirect meansddSee 39 H. 6. c. 1. 17. E. 4. c. 7. … H. 4. N. 21, 22. 48. 1 H. 4. c 3., ought to be nulled, repealed, reputed voyd, and of dangerous preſident.

7 That neither the**See Raſtals Abridgement of Statutes, Title, Proviſion… Premunire, & Rome. Kings, nor any Subjects of the Kingdom of England, may or ought to be ſummoned before any Forreign Powers or Juriſdictions whatſoever out of the Realm, or within the ſame, for any manner of Right, Inheritance, Thing belonging to them, or Offence done by them within the Realm, nor tried, nor judged by them.

8 That all Subjects of the Realm areeeLeges Edwardi Regis, c. 35, Lambards Arch. F. 135, 136. Cooks 7. Report, Calvins Caſe, f. 6, 7. Leges Willielm… Regis Lex. 58, 59. Seldens Notae ad Eadmerum, p. 191. 11 H. 7. c. 1. 18, 19, H. 7. c. 1. 25 H. 8. c. 22. 26 H. 8. c. 3. 28 H. 8. c. 7. 1 Eliz. c. 1. 3. 5. 5 Eliz. 2. c. 1. 1 Jac. c. 1, 2. 3. Jac. c. 1, 2, 4, 5. 7 Jac. c. 6. The Proteſtation, League and Covenant, and the ancient Oathes of Fealty, Homage, Mayers, Sheriffs, Free-men.Jas 1:2Jas 1:3Jas 1:4Jas 1:5Jas 1:7 obliged by Allegiance, Oaths, and duty to defend their lawful Kings Perſons, Crowns, the Laws, Rights, and Priviledges of the Realm, and of Parliament, againſt all Uſurpers, Traytors, Violence, and Conſpiracies. And that no Subject of this Realm, who according to his Duty, and Allegiance, ſhall ſerve his King in his Warres, for the juſt defence of him and the Land, againſt Forreign Enemies or Rebels, ſhall loſe or forfeit any thing for doing his true duty, ſervice, and allegiance to him therein; but utterly be diſcharged of all vexation, trouble, or loſſe.

9 That no publick Warre by Land or Sea ought to be made or leavied, with, or againſt any Forreign Nation: nor any publick Truce or League entred into with Forreign Realms or States, to binde the Nation, without their common advice and conſent in Parliament.

10 That the Kings of England, or others, cannot grant away, alien, or ſubject the Crown, Kingdom, or antient Crown Lands of England to any other, without their Nobles and Kingdoms full and p. 64free conſent in Parliament. That the antient Honours, Manors, Lands, Rents, Revenues, Inheritances, Rights, and Perquiſits of the Crown of England, originally ſetled thereon for the …aſe and exemption of the people from all kind of Taxes, payments whatſoever (unleſſe in caſe of extraordinary neceſſity) and for defraying all the conſtant, ordinary expences of the Kingdome (as the expences of the Kings houſhold, Court, Officers, Judges, Ambaſſadors, Guard, Garriſons, Navy and the like) ought not to be ſold, alienated, given away or granted from it, to the prejudice of the Crown, and burdenning of the people. And that all Sales, Alienations, Gifts, or Grants thereof, to the empairing of the publique Revenue, or prejudice of the Crown and people, are void in Law, and ought to be reſumed, and repealed by our Parliaments and Kings, as they have**Daniels Hiſtory p. 78 79. 80. 123. 10. 12 n. 2. r. 8. H 5. r. 9 1. 1. 6. n. 53. 31. H. 6. r. 7. 1. R. 2. n. 14…. 1. H. 4. n. 100. 6 H 4. n. 4. 15. 8. H. 4. n. 12. 33. H. 6. n. 47. 4. G. n. 3…. 12 E. 4, n. 6. freqeuntly been in all former ages.

For the Readers fuller ſatisfaction in each of theſe propoſitions (ſome of which I muſt in the enſuing Chapter but briefly touch for brevity ſake, having elſewhere fully debated them in print,) I ſhall eſpecially recommend unto him the peruſall of ſuch Tractates, and Arguments formerly publiſhed, wherein each of them hath been fully diſcuſſed, which hee may peruſe at his beſt leaſure.

The Firſt of theſe Fundamentalls, (which I intend principally to inſiſt on) is fully aſſerted, debated, confirmed by 13. H. 4. f. 14. By Forteſcue Lord Chief Juſtice, and Chancellor of England, de Laudibus Legum Angliae, dedicated by him to King Henry the 6. f. 25. c. 36. By a Learned and neceſſary Argument againſt Impoſitions in the Parliament of 7. Jacobi: by a late reverend Judge, Printed at London 1641. By Mr. William Hakewell, in his Liberty of the Subject againſt Impoſitions, maintained in an Argument in the Parliament of 7 Jacobi, Printed at London 1641. By Judge Crooks and Judge Huttons. Arguments concerning Ship-mony, both Printed at London 1641. By the Caſe of Ship-mony briefly diſcuſſed. London 1640. By M. St. Johns Argument and Speech againſt Ship-mony, Printed at London 1641. By Sir Edward Cook in his 2 Inſtitutes p. 46. and 57. to 64. and 528 to 537. By the firſt and ſecond Remonſtrance of the Lords & Commons in Parliament. p. 65againſt the Commiſſion of Array. Exact Collection p. 386. to 398. and 850. to 890. and by my own Humble Remonſtrance againſt Ship-mony, London 1643. The Fourth part of the Sovereign Power of Parliaments and Kingdomes, p. 14. to 26. my Legall Vindication of the Liberties of England, againſt Illegall Taxes &c. London 1649. and by the Records and Statutes cited in the enſuing Chapter, referring for the moſt part to the firſt Propoſition.

The ſecond, third, and fourth of them, are largely debated and confirmed by a Conference deſired by the Lords, and had by a Committee of both Houſes, concerning the Rights and Priviledges of the Subject, 3 Aprilis 4 Caroli, Printed at London 1642. By Sir Edward Cook in his Inſtitutes on Magna charta, c. 29. p. 45. to 57. By the firſt & ſecond Remonſtrance of the Lords and Commons againſt the Commiſſion of Array, Exact Collection p. 386. and 850. to 890. By Judge Crooks, and Judge Huttons Arguments againſt Ship-mony. By Sir Robert Cotton his Poſthuma p. 222. to 269. By my Breviate of the Prelates Encroachments on the Kings Prerogative, and the Subjects Liberties, p. 138. my New Diſcovery of the Prelates Tyranny, p. 137. to 183. and ſome of the enſuing Statutes, and records, ch. 3. See 1 H. 4. rot Parl. n. 22, 23, 24, 26, 28, 43, 44▪ 47.

The Fift and Sixt of them, are fully cleared, vindicated in and by the Prologues of all our Councills, Statutes, Laws, before and ſince the Conqueſt. By 1. H. 4. Rot. Parl. n. 33, 34, 36. (an excellent full preſident.) Sir Edward Cooks 4 Inſtitutes, ch. 1. Mr. Cromptons Iuriſdiction of Courts, Title High Court of Parliament. Mr. St. Johns ſpeech againſt the Shipmony Judges, p. 32, 33. my Plea for the Lords; my Levellers levelled; my Ardua Regni; my Epiſtle before my Speech in Parliament; my Memento, my Sovereign Power of Parliaments and Kingdomes, part. 1, 2, 3, 4. my Legal Vindication againſt illegal Taxes, and pretended Acts of Parliament, London 1649. Prynnethe Member, reconciled to Prynne the Bar…eſter, Printed the ſame year. My Hiſtorical Collection of the Ancient great Councils and Parliaments of England, London 1649. My Truth triumphing over Falſhood, Antiquity p. 66over Novel…y, London 1645. 3 E. 1. c. 5, 4 E. 3. c. 14. 36 E. 3. c. 10. 1 H. 4. c. 3, 4. 5 R. 2. Stat. 2. c. 4. Raſtal tit. Parliament. 1 H. 4. Rot. Parl. n. 21. 22. 48. 70. 31 H. 6. c. 1. 39 H. 6. c. 1. Rot. Parl. n. 8. 17 E. 4. c. 7. expreſſe in point, and ſome of the Records hereafter tranſcribed. In this I ſhall be more ſparing, becauſe ſo fully confirmed in theſe and other Treatiſes.

The Seventh, is ratified by Sir Edward Cooks 1. Inſtitutes p. 97▪ 98. 4 Inſtitutes p. 89. and 5. report Cawdries caſe, of the Kings Eccleſiaſticall Laws, Raſtals Abridgement of Statutes, Tit, Proviſors, Praemunire, Rome, and other Records and Statutes in the enſuing Chapter.

The Eight, is verified by the Statutes quoted in the Margin to it, and by other Records in the third Chapter.

The Ninth and Tenth, are fully debated in my Soveraign Power of Parliaments and Kingdomes, par. 2. p. 3. to 34. part. 4. p. 1. to 13. and 162. to 170. touched in Sir Robert Cottons Poſthuma, p. 174. 179. confirmed by ſundry Preſidents in the next Chapter. & by 1 H. 4. Rot. Parl. n 32.

How all and every of theſe Fundamentall Liberties, Rights, Franchiſes, Laws, have been unparalledly violated, ſubverted, in all and every particular, of late years, beyond all Preſidents in the worſt of former ages, even by their greateſt pretended Propugners, their own Printed Edicts, Instruments, Ordinances, Papers, together with their illegall Oppreſſions, Taxes, Exciſes, Impoſts, Sequeſtrations, Rapines, Violences, unjuſt Proceedings of all kinds, will ſufficiently evidence, if compared with the premiſed Propoſitions. Not to inſiſt on any fore-paſt illegall Impoſts, Taxes, Exciſes, under which the nation lately groaned, impoſed on us by unparliamentary Junctoes, or the Army Officers alone from Anno 1648 to 1653. without any real Parliament by their own armed Iuriſdiction. I ſhall here inſtance onyl in 3. or 4 particulars, relating wholly to the Firſt Propoſition, being of moſt generall, greateſt preſent and future concernment of all other to the whole Engliſh Nation, at this very inſtant moſt intollerably oppreſſed, grieved by them; directly ſweeping away all their Fundamentall Right of Property, and conſequentially all their Liberty of perſon, Laws, Charters, at once, and that in perpetuity, beyond all hopes of Future redemption, if not p. 67timely prevented by the Ʋniverſality, Body of the Realm, or their Truſtees.

The firſt of them is, the preſent impoſition, and continuance of the ſtrange, oppreſſive, monſtrous, general high Tax of EXCISE, impoſed on moſt native and forreign Commodities throughout England, and its Dominions; which as it was a meer Stranger to all our Anceſtors, and thoſe now living, till within theſe few years; ſo it was no ſooner projected by ſome evil Malignant Jeſuited Counſellers about the late King, but it wasaaSee my Declaration and Proteſtation againſt the illegal, deteſtable, oft-condemned new Tax, and Extortion of Exciſe, 1654. Exact collection, p. 885. Mr. St. Johns Speech concerning Ship-money. p. 15, 16. preſently condemned, and cruſhed in the very ſhell, when firſt intended to be ſet on foot in England by King Charls, (with the adviſe and conſent of his privie Council at White-Hall) by a Commiſſion under the Great Seal of England, dated the laſt of February, 3 Caroli, iſſued to thirty three Lords of his Majeſties Privie Council and others: which authorized, commanded them to raiſe monies BY IMPOSITIONS OR OTHERWISE, as they in their wiſdoms ſhould finde moſt convenient; and that only for theſe publike uſes, THE DEFENCE OF THE KING, KINGDOM, PEOPLE, and of the Kings Friends and Allies beyond the Seas, then in ſuch imminent danger, that WITHOUT EXTREAMEST HAZARD OF THE KING, KINGDOM, PEOPLE, KINGS Friends and Allies, it could admit of no longer delay. In which INEVITABLE NECESSITY, form and circumſtance muſt rather be diſpenced with than the ſubſtance loſt. The Commiſſioners being thereupon ſpecially injoyned, to be diligent in the Service, and not fail therein, as they tender his Majeſties Honour, and THE SAFETY OF THE KING and PEOPLE. This Commiſſion was no ſooner diſcovered, but it was preſently complained of by the whole Commons Houſe, in the Parliament, of 3 Caroli, and upon Conference with the Lords it was immediately Voted, adjudged by both Houſes, without one diſſenting voyce, TO BEE (EX DIAMETHRO) AGAINST LAW, and CONTRARY TO THE PETITION OF RIGHT; after which, it was cancelled as ſuch in the Kings own preſence, by his conſent, order, and then ſent cancelled to both Houſes, for their ſatisfaction, before ever it was put in execution, and all p. 68Warrants for, and memorials of it cancelled, damned, deſtroyed; the Commons further urging, That the Projector thereof might be found out by ſtrict inquiry, and EXEMPLARILY PƲNISHED (as the Parliament Journal atteſts) notwithſtanding all the ſpecious pretences, of inevitable neceſſity, imminent danger, and the defence, ſafety of the whole Kingdom, People, King, and his forreign Proteſtant Friends and Allies (then in greater real danger, than any now appearing) This Original Parliamentary Doom, Judgement againſt that New Monſter of Exciſe, was ratified, approved, preſſed by both Houſes of Parliament, in the Caſes of Ship-money, and the Commiſsion of Array, as you may read at large in Mr. Oliver St. Johns Speech and Declaration, delivered at a Conference of both Houſes concerning Ship-money, 14 January, 1640. (printed by the Commons Order) p. 13. to 20. and, The Lords and Commons ſecond Declaration againſt the Commiſſion of Array. Exact collection, p. 884, 885. from which they then drew this poſitive concluſion (fit to be now conſidered by our New Governours, and the whole Nation)**Exact Collection, p. 886. Nota. THAT TO DEFEND THE KINGDOM IN TIME OF IMMINENT DANGER, IS NO SUFFICIENT CAVSE (for the King and his Council, much leſs then for thoſe who condemned, ſuppreſſed them for Tyrants, and Oppreſſors of the People) TO LAY ANY TAX OR CHARGE UPON THE SUBJECTS WITHOUT THEIR CONSENT IN PARLIAMENT. Yea the whole Houſe of Commons was ſo zealous againſt this Dutch Devil of Exciſe, that in their Remonſtrance of the ſtate of the Kingdom, 15 Decemb, 1641. Exact Collection, p. 3 4, 6. they expreſly brand, cenſure, the firſt Attempts to introduce it, for A MALIGNANT and PERNI…IOUS DESIGN, TO SUBVERT THE FUNDAMENTAL LAWS and PRINCIPLES OF GOVERNMENT, upon which the JUSTICE OF THIS KINGDOM WAS FORMERLY ESTABLISHED; as proceeding from JESUITED COVNSELS,Nota. BEING MOST ACTIVE and PREVAILING; yea, for AN UNJUST and PERNICIOVS ATTEMPT, TO EXTORT GREAT PAYMENTS FROM THE SUBJECTS. Which was to be p. 69accompanied (as now it is) with Billited Souldiers in all parts of the Kingdom, and the concomitant of German (as now of Engliſh) HORSE, That the **And is not this its preſent ſad ſlaviſh condition?LAND MIGHT EITHER SUBJECT WITH FEAR, or BE ENFORCED WITH RIGOVR TO SUCH ARBITRARY CONTRIBUTIONS AS SHOVLD BE REQVIRED OF THEM. And when ſome rumours were firſt ſpread abroad, that the COMMONS HOVSE INTENDED TO LAY EXCISE UPON PEW…ER AND OTHER COMMODITIES; they were ſo ſenſible of the injuſtice and odiouſneſs thereof, that they thereupon publiſhed a ſpecial Declaration, printed 8 Octob. 1642. Exact Collection, p. 638. wherein they not only diſclaim, renounce any ſuch intention, but branded thoſe Reports and Rumours, for FALSE and SCANDALOVS ASPERSIONS, raiſed and cast upon the Houſe BY MALIGNANT and ILL-AFFECTED PERSONS, TENDING MUCH TO THE DISSERVICE OF THE PARLIAMENT: and Ordered, That the AVTHORS OF THEM ſhould be inquired aftèr, apprehended, and brought to the Houſe TO RECEIVE CONDIGNE PUNISHMENT. After which this Exciſe being notwithſtanding this Diſclaimer, and much publick, private oppoſition againſt it, ſet on foot by ſome ſwaying Members (upon a pretence of neceſsity for ſupport of the Army) to the great Oppreſsion, and Diſcontent of the People; The Generall and general Council of Officers and Souldiers of THE ARMY themſelves, were ſo ſenſible of this illegal oft-condemned New grievance, that in the Heads of their Propoſals, and particulars of their Deſires, in order to the clearing and ſecuring of the Rights and Liberties of the Kingdom, tendred to the Commiſsioners of Parliament reſiding with the Army, the firſt of Auguſt, 1647. (printed in their Book of Declarations, p. 118, &. publiſhed by their own, and the Lords Houſe ſpecial Order) they …ade this one principall Deſire to the Parliament; That the EXCISE may be taken off from ſuch Commodities, whereof the poor of the Land do ordinarily **Do they not ſo on Beer, Salt, and other Manufactures, for which they▪ now pay Exciſe?live, and A CERTAIN TIME TO BE LIMITED FOR TAKING OFF THE WHOLE. Yet notwithſtanding all theſe Judgements and Outcryes p. 70againſt it; ſome of thoſe very perſons who thus publickly branded it, both in the Parliament Houſe and Army; by irregular paper Ordinances (as they intitle them) dated 24 December, 1653. March 17. 1653. and May 4. 1654. have by their own Self-derived ſupertranſcendent Authority, without, yea againſt the Peoples conſents, or any Authority from Parliament, impoſed, continued Exciſe upon our own Inland, and Forreign Commodities, in very high proportions, from the twenty fourth of March 1654. till the twenty fourth of March 1655. And (which is moſt obſervable) preſcribed it to bee levied, by putting the Parties to an (EX OFFICIO) OATH againſt themſelves; by Fines, Forfeitures, SEQVESTRATIONS, and SALES OF THE REFUSERS, OPPOSERS, PERSONAL and REAL ESTATES, DISSTRESSES, BREAKING UP OF THE PARTIES HOVSES, SEISVRES OF THEIR GOODS, IMPRISONMENT OF THE PERSONS OF ALL SUCH WHO SHALL HINDER OR OPPOSE THE MINISTERS, OR OFFICERS IMPLOYED IN LEVYING, or diſtraining for the ſame, BY LOCKING UP THE DOORS, or OTHERWISE. And by theſe their unparalleld Edicts they further order, That the Officers of Exciſe, BOTH DAY AND NIGHT, ſhall be permitted free entrance into ALL ROOMES and PLACES WHATSOEVER THEY SHALL DEMAND, in Brewers, Sope-boylers, and others Houſes, under pain of forfeiture of fifty pounds for every refuſal (by colour whereof all mens Houſes may be robbed, plundered, and their throats cut by Theeves and Robbers, pretending themſelves Exciſe-men, Souldiers, authoriſed to make ſuch Searches, as many of late have been.) And they with all their aſsiſtants ſhall bee kept indenspnified in ALL CAUSES RELATING TO THE EXCISE, from time to time, againſt all Sutes or Actions brought, or other moleſtations, againſt them by the Parties grieved; who are**Witneſs Mr. …ony amongſt others. uſually Fined, Impriſoned, enforced to pay Coſts of Sute, only for ſuing for relief) yea (which I cannot think of without horrour and amazement) ALL p. 71COVRTS OF JUSTICE OF THIS COMMON-WEALTH, and ALL JUDGES and JUSTICES OF THE SAME,Nota. SHERIFS, COVNSELLORS, ATTURNIES, SOLICITORS, and ALL OTHER PERSONS, are thereby expreſly required, to conform themſelves accordingly, (in all things) WITHOVT ANY OPPOSITION OR DISPVTE WHATSOEVER; as the preciſe words of their Ordinance of 17 March, 1653. proclaim to all the Nation. Which declares further, That IT IS NECESSARY to provide A CONTINVAL SVPPLY for the carrying on the weighty Affairs of this Common-wealth OVT OF THIS REVENVE OF EXCISE. And do not theſe Clauſes, (compared with the 27. & 29. Articles of their Inſtrument,) clearly diſcover, a fixed Reſolution in theſe new Legiſlators, to continue, and perpetuate upon the whole Nation, this importable Grievance of Exciſe, from year to year, without intermiſſion or end, to be leavied by the means aforeſaid? to hinder all and every the Freemen of England, from endeavouring to free or exempt themſelves, or their Poſterities from it hereafter, by any Sute, Action, Habeas Corpus, or other legal remedy in any Court of Juſtice whatſoever? yea peremptorily, poſitively to prohibit, enjoyn all Courts of Juſtice, Judges, Juſtices, Sheriffs, Counſellours, Atturnies, Solicitors, with all other perſons of this Common-wealth, both for the preſent and future Ages, to give them the leaſt legal aſsiſtance, advice, or relief againſt the ſame, or againſt any Officers, or Aſſiſtants which ſhall forcibly l…a…ie it by diſtreſs, Fines, Impriſonnents, Confiſcation of Goods, Sequeſtrations, Sales of their perſonal or real Eſtates, or otherwiſe?

I appeal then (in the behalf of all the Freeborn People of England) the Souls and Conſciences of theſe new Ordinance-makers, with all the Executioners of them in any kinde, before all the Tribunals of Heaven and Earth, whether they have not by theſe their Diſmal Ordinances, more deſperately, irrecoverably, totally, finally (as much as in them lies) undermined, ſubverted; and quite blown up at once, all the Foundations of our hereditary Fundamentall Properties, Liberties, Laws for eternity, and levelled them to the duſt, then the worſt of all p. 72our Kings or former Councill-tables ever did? Deprived the whole Nation, and every particular Free-man in it, of all future benefit of our Laws, Statutes and Courts of Juſtice, for their juſt relief againſt this intolerable Oppreſſion; and thereby reduced us to the condition of the moſt ſlaviſh, captivated, fettered Bond-ſlaves and conquered Vaſſals under heaven, without any viſible means or hopes of future enfranchiſement, under a pretext of fighting for, maintaining, protecting, enlargeing our former properties and freedomes & to a more miſerable, ſordid, ſervile condition, than either we or our Anceſtors ſuſtained under the worſt of al our Kings and their moſt pernicious Counſellors; who never in any age attempted, tither to make or impoſe ſuch Extravagant enſlaving Ordinances or Exciſes, with ſuch ſtrange penalties, Forfeitures, Impriſonments, Sequeſtrations, ſales, & moſt unrighteous Monſtrous Inhibitions of all legal ſuites, & means for cheirrelief in Courts of Juſtice, as they have done: King Charles himſelf (though condemned, beheaded by them for the worſt of Tyrants and Oppreſſors) permitting his Subjects free Liberty, to diſpute the Legality of Fines for Knight-hood, See the Arguments concerning them in Mr. Hambdins and others caſes.Ship mony, Tonnage, Poundage, Loanes, Exciſe and other Impoſitions not—only in his Parliaments, (where they were fully debated without reſtraint, and Laws paſſed againſt them afterwards by his own Royall aſſent thereto) but likewiſe in all his other Courts, where they were firſt brought in queſtion. Yet now in our N…w Free State, under theſe greateſt pretended Patrons of our Laws and Liberties, all Courts, Judges, Juſtices, and other Officers muſt conform to theſe illegall Impoſitions, and their tyrannicall waies of inforcement, without any oppoſition or diſpute whatſoever; and all Counſellors, Attornies, Solicitors and others, muſt neither argue, nor adviſe, nor act. in any kinde againſt them. And is this the glorious old antient Engliſh Liberty, Freedome, Property, Law, and free courſe of Juſtice, wee have ſpent ſo many millions of Treaſure, ſo many years of publique Conſultations, warres, Prayers, Faſts, Tears, and ſuch Oceans of precious chriſtian Proteſtant Engliſh blood, inviolably to maintain and perpetuate to poſterity? If any Free-born Engliſh men whatſoever dare publikely averre it, let them do it at the perill of their infamy, execration in all p. 73future ages, yea of their own heads and Souls. If they cannot but now abſolutely diſavow it, let them with ſhame and indignation diſclaim, renounce ſuch illegall Ordinances, Exciſes, as moſt deteſtable both to God and all true-born Engliſh free men.2.

The 2 is, The preſent continuing Impoſitions of Cuſtomes Tonnage and Poundage upon Goods, Merchandizes imported and exported, without any grant thereof by Parliament, by a new Printed Paper, entituled, an Ordinance of March, 23 1653. thus peremptorily impoſing them without any Prologue or Inducement to ſatisfy the people either in Equity or Juſtice, much leſſe in their Legality in reſpect of thoſe who thus impoſe them for ſundry years yet to come. Be it ordained by his highneſs, the Lord Protector, with the adviſe and conſent of the Councell, that one Act of Parliament (though no **See Cook; 4. Juſti. c. 1. Brooks Parliament 4. 76 42. 107. and my Plea for the Lords.Act at all by any known Laws, Statutes, Law-books, Records, Cuſtomes or Conſtitutions of the Realm, bu… a meer Nullity) entituled, an Act for the Continuation of the Cuſtomes, until the 26 of March, 1653, and all clauſes and powers therein contained are, and ARE HEREBY CONTINUED, and SHALL and DO STAND IN FULL FORCE UNTILL THE 26 DAY OF MARCH in the year of our Lord 1658. &c. By which theſe New Legiſlators, by their own inherent Superlative Power, preſume to impoſe this Tax upon the whole Nation, (without any grant in Parliament) for full 5 years ſpace, not only contrary to the**See Cooks 4. Juſtit. c. 1. and Raſtal. Taxes. Preſidents in all former Kings raigns, who never claimed nor received it, but by ſpeciall grant in Parliament; but likewiſe contrary to this memorable Remonſtrance, made by the whole Houſe of Commons in the Parliament of 3 Caroli, (never yet Printed to my knowledge.)

Moſt gracious Soveraign, your Majeſties moſt loyall and dutifull Subjects, (the Commons in this preſent Parliament Aſſembled,) being in nothing more carefull than of the Honour and Proſperity, of your Majeſty and the Kingdome,) which they know doth much depend upon that union and relation betwixt your Majeſty and your people) do with much ſorrow apprehend, that by reaſon of the incertainty of their continuance together, the unexpected interruptions which have been caſt p. 74upon them, and the ſhortneſs of time in which your Majeſty hath determined to end this Seſſion; they cannot bring to maturity and perfection divers buſineſſes of weight, which they have taken into their conſideration and reſolution, as moſt important for the common good.

Amongſt other things, they have taken into eſpeciall care the preparing of a Bill for the granting to your Majeſty ſuch a Subſidy of Tonnage and Poundage, as might uphold your Profit and Revenue, in as ample manner as their juſt care and reſpect of Trade (wherein not only the proſperity, but even the life of the Kingdom doth conſiſt) would permit. But being a work which will require much time and preparation, by Conference with your Majeſties Officers, and with the Merchants, not only of London, but of other remote parts; they finde it not poſſible to bee accompliſhed at this time; wherefore conſidering it will be much more prejudicial to the Right of the Subject,Nota. if your Majeſty ſhould continue to receive the ſame without Authority of Law, after the determination of a Seſſion, then if there had been a receſs by Adjournment only (in which caſe that intended Grant would have related to the firſt day of the Parliament) and aſſuring themſelves, That your Majeſty is reſolved to obſerve that your royal Anſwer, which you have made to the Petition of Right of both Houſes of Parliament; yet doubting leſt your Majeſty may be miſ-informed concerning this particular caſe, as if you might continue to take thoſe Subſidies of Tonnage and Poundage, and other Impoſitions of Merchants without breaking that Anſwer; they are forced, by that duty which they owe to your Majeſty, and to thoſe whom they repreſent, to declare, THAT THERE OVGHT NOT ANY IMPOSITION TO BE LAID ƲPON THE GOODS OF MERCHANTS EXPORTED OR IMPORTED WITHOVT COMMON CONSENT BY ACT OF PARLIAMENT,Nota. WHICH IS THE RIGHT AND INHERITANCE OF YOVR SVBJECTS, FOVNDED NOT ONLY ƲPON THE MOST ANTIENT AND ORIGINAL CONSTITVTION OF THIS KINGDOM, BUT OFTEN CONFIRMED p. 75AND DECLARED IN DIVERS STA…VTE LAWS? And for the better manifeſtation thereof, may it pleaſe your Majeſty to underſtand, That although your royal Predeceſſors, the Kings of this Realm have often had ſuch Subſidies, and Impoſitions granted unto them upon divers occaſions, eſpecially for the guarding of the Seas, and ſafeguard of Merchants,Nota. yet the Subjects have been ever careful to uſe ſuch Cautions and limitations in thoſe Grants, as might prevent any Claim to be made, that ſuch Subſidies do proceed from duty, and not from the free gift of the Subject, and that they have heretofore limited a time in ſuch Grants, and for the moſt part but ſhort, as for a year, or two; and if it were continued longer, they have ſometimes directed a certain ſpace of reſenſation or intermiſſion, that ſo the Right of the Subject might be more evident. At other times it hath been granted upon occaſion of Warre for certain numbers of years, with Proviſo, that if the Warre were ended in the mean time, then the grant ſhould ceaſe. And of courſe it hath been ſequeſtred into the hands of ſome Subjects to bee imployed for guarding of the Coaſts; and it is acknowledged by the ordinary Anſwers of your Majeſties Predeceſſors, in their aſſents to the Bills of Subſidy of Tonnage and Poundage, that it is of the nature of other Subſidies, proceeding from the good will of the Subject. Very few of your Predeceſſors had it for life, until the reign of Henry 7.**Though he came in by the Sword, as a kind of Conquerour. who was ſo farre from conceiving he had any right thereunto, that although he granted Commiſſions for collecting certain Duties and Cuſtoms due by Law, yet he made no Commiſſion for receiving the Subſidy of Tunnage and Poundage, until the ſame was granted to him in Parliament.

Since his time, all the Kings and Queens of this Realm have had the like Grants for life, by the free love and good will of the Subject; and whenſoever the people have been grieved by laying any Impoſitions or other Charges upon their Goods and Merchandizes without authority of Law, (which hath been very ſeldome) yet upon complaint in Parliament they have been forthwith releeved,Nota. ſaving in the time of your royall Father, who having through ill counſel raiſed the Rates p. 76of Merchandizes to that height at which they now are, yet he was pleaſed ſo farre to yee…d to the complaint of his people, Nota.as to offer, that if the value of theſe Impoſitions which he had ſet, might be made good unto him, he would bind himſelf, and his Heirs by Act of Parliament, never to lay any other; which offer the Commons at that time, in regard of the great burthen, did not think fit to yeeld unto.

Nevertheleſs your loyal Commons in this Parliament, out of their eſpecial zeal to your Service, and ſpecial regard of your preſſing occaſions, have taken into their conſiderations; ſo to frame a Grant of Subſidy of Tunnage and Poundage to your Majeſty, that both you might have been better enabled for the defence of your Realm, and your Subjects by being ſecure from all undue Charges, be the more encouraged cheerfully to proceed in their courſe of Trade; by the encreaſe whereof your Majeſties profit, and likewiſe the ſtrength of the Kingdom would be very much augmented. But not being now able to accompliſh this their deſire, there is no **And are not all the Commons Merchants, Freemen of England bound to uſe the ſame courſe, and make the ſ…me Declaration now?courſe left unto them without manifeſt breach of their Duty, both to your Majeſty and their Country, ſave only to make this humble Declaration, THAT THE RECEIVING OF TONNAGE and POVNDAGE, and OTHER IMPOSITIONS NOT GRANTED BY PARLIAMENT,Nota. IS A BREACH OF THE FVNDAMENTAL LIBERTIES OF THIS KINGDOM, and CONTRARY TO YOVR MAJESTIES ROYAL ANSWER TO THE SAID PETITION OF RIGHT; And therefore they do moſt humbly beſeech your Majeſty to forbear any further receiving of the ſame, **And can our p…eſent Grandees take it in ill part if we refuſe to pay them now, being demand…d without Warrant of a Law, and the receivers of them in a Premunire by expreſs Act of Parliamen of 16 Caroli, made ſince this Remonſtrance.and not to take it in ill part from thoſe of your Majeſties loving Subjects, WHO SHALL REFVSE TO MAKE PAIMENT OF ANY SVCH CHARGES WITHOVT WARRANT OF LAW DEMANDED. And as by this forbearance, your moſt excellent Majeſty ſhall manifeſt unto the World your ROYAL JUSTICE IN THE OBSERVATION OF YOVR LAWS; ſo they doubt not hereafter, at the time appointed for their coming again, they ſhall have occaſion to expreſs their great deſire to advance your Majeſties HONOVR and PROFIT,

p. 77The King diſſolving this Parliament on a ſudden, and continuing to take Tonnage and Poundage by his Royal Prerogative without any Act of Parliament, ſundryaaAlderman Chambers, Mr. Rolls, and others. Merchants upon the Commons Remonſtrance, refuſed to pay the ſame; whereupon their Goods were ſeiſed: of which they complaining in Parliament, 16 Caroli, were Voted full Reparations againſt the Cuſtomers, with Dammages for the ſame. And to prevent the Kings Claim thereunto by right; with all future Demands and Collections thereof from the Subject without grant in Parliament, they Declared and Enacted by three ſpecial Acts of Parliament 16, & 17, Caroli, That IT IS and HATH BEEN THE ANTIENT RIGHT OF THE SVBJECTS OF THIS REALM;Nota. That NO SUBSIDY, CVSTOME, IMPOST, OR OTHER CHARGES WHATSOEVER OVGHT OR MAY BE LAID OR IMPOSED UPON ANY MERCHANDISE EXPORTED OR IMPORTED BY SUBJECTS, DENIZENS OR ALIENS, WITHOVT COMMON CONSENT IN PARLIAMENT, and that if any Cuſtomer, Controller, or any other Officer, or Perſon, ſhould take or receive, or cauſe to bee taken or received the ſaid Subſidy, or any other Impoſt upon any Merchandize whatſoever, exported or imported, except the ſame be due, by Grant IN PARLIAMENT, ſhall incur the penalties and forfeitures OF A PREMVNIRE, to the which the King gave his Royal Aſſent. And to prevent any future preſcription thereunto by the King, they diſcontinued it for ſome time, and then granted it ſpecially from Month to Month, or ſome ſhort ſpace with ſundry limitations, and the penalty of A PREMVNIRE if otherwiſe received, by ſeveral New Acts of Parliament, to which the King gave his aſſent. Theſe Acts the King himſelf in his Proclamation of the ſixteenth of December, in the eighteenth year of his reign, ſtiles, THE FENCES OF THE SVBJECTS PROPERTY, received from Ʋs, and underſtood by Ʋs, as one of THE GREATEST GRACES THE CROWN EVER CONFERRED ON THE SVBJECT; And by that Proclamation, he prohibited all his Subjects, both the paiment and receipt of any Monies for Cuſtoms, or other Maritine Duties, contrary p. 78to this Act, by any Ordinance of both Houſes of Parliament; under pain of a PREMUNIRE, and of being likewiſe proceeded againſt as ill-affected perſons to the Peace of the Kingdome.

Whereupon the Lords and Commons in their anſwer to this Proclamation; though they declared; that the intent and meaning of that penall Clauſe of a PRAEMVNIRE and other Forfeitures (in theſe new ſtatutes, which likewiſe diſable every perſon, Cuſtomer, Officers who ſhould take or receive, or cauſe to be taken or received any ſuch ſubſidy or impoſition upon any Merchandize, during his life, to ſue or implead any perſons, in any action reall, mixt or perſonal in any Court whatſoever,) was only to reſtrain the Crown, from impoſing any duty or payment on the Subjects, without their conſent in Parliament: and that it was not intended to extend to any caſe whereunto the LORDS and COMMONS GIVE THEIR ASSENT IN PARLIAMENT (which they never did to this New White-hall Ordinance, nor the pretended Act recited in it, therefore the impoſers and receivers of it by vertue thereof, without ſuch aſſent in Parliament, are within the penalties of the aforeſaid Statutes:) Yet to avoid the danger of a Praemunire in their Officers, by exacting it only by an Ordinance of both Houſes, without a ſpeciall Act of Parliament; they did by their firſt**Exact Collection p. 790. to 797. Ordinances, impoſe and demand Cuſtomes, Tonnage Poundage and new Impoſts, not as a Legal Duty, but only BY WAY OF LOANE, til the Act of Parliament for their future continuance ſhould be aſſented to by the King: as their Declaration of 31 December 1642. and their Ordinance of the ſame date, concerning the ſubſidy of Tonnage and Poundage atteſt. By what coulor of Law, Iuſtice, Right, this antient birth-right of all Engliſh Subjects, ſo lately declared by three Acts of Parliament, to which moſt of our late and preſent White-hall Grandees were parties, comes to bee loſt and forfeited by our conteſts to preſerve it; or how the Cuſtomes, Impoſts of Tonnage, and Poundage, can bee now impoſed, continued on, or exacted from the Subjects by any Powers, Officers, or perſons Whatſoever, and levied by ſevereſt penalties, Forfeitures, Impriſonments, Seiſures, by pretext of this p. 79White-hal Ordinance, (though no waies granted by common conſent and Act of Parliament,) without incurring a Praemunire; and forementioned penalties, diſabilities; or without ſubverting the Fundamental Liberty, Property, Franchiſes, Laws, Statutes of the whole Engliſh Nation, in a farre higher degree then ever in former ages, I cannot yet diſcern; and all our New Governours, Merchants, Cuſtomers, Officers and other perſons, who have any Cordial affection, Love, Zeal to their own or the peoples hereditary Rights and Priviledges, may do well to demurre in Law upon it, till they can ſatisfy their own and other mens conſciences therein, to prevent the dangerous conſequences of ſuch an ill preſident to poſterity. In the Parliament of 1 H. 4. rot. Parl. n. 32, 33, 34, 36. Theſe were the principall Articles of impreachment exhibited againſt King Richard the Second; for which hee was forced to depoſe himſelf, as unfit to Govern, and reſign up his Crown to King Henry the Fourth. **See Hiſtoriae Anglicanae Londini. 1652. Col. 2750, 2751. Halls Chronicle f. 7, 8. John Truſſel in. 23. R. 2. p 46. Grafton p. 401.That whereas the King of England out of the profits of the Realm, and the Patrimony belonging to his Crown, might live honeſtly without oppreſſion of his people, ſo as the Kingdome were not burdened with the extraordinary expences of warre, that this King during the Truces between the Realm and the Adverſaries thereof; gave and ſquandered away a great part of the Crown-Lands to unworthy perſons, and thereupon exacted almoſt every year, ſo many Taxes and Grants of Ayde from his Subjects of the Realm, that hee thereby GREATLY and TOO EXCESSIVELY OPPRESSED HIS PEOPLE, TO THE IMPOVERISHING OF HIS REALM. That the ſame King being unwilling to keep and defend the juſt Laws and Cuſtomes of his Realm, and to do according to his pleaſure, whatſoever ſhould ſuite with his deſires, frequently when the Laws of his Realm were expounded and declared to him by the Juſtices and others of his Council, who requeſted him to adminiſter Juſtice according to thoſe Laws, ſaid expreſly with an auſtere and frownning Countenance, THAT THE LAWS WERE HIS more ſuo, AFTER his own MANER; and ſometimes, THAT THEY WERE IN HIS OWN BREAST, and THAT HEE ALONE COULD ALTER and MAKE THE p. 80LAWS OF HIS REALM, And being ſeduced with this opinion, he permitted not Juſtice to be done to very many of his Leige people, but compelled very many to ceaſe from the proſecution of common Juſtice. That when as afterwards in his Parliament certain Statutes were made, which might always bind, till they were ſpecially repealed by another Parliament, the ſame King deſiring to enjoy ſo great Liberty, that none of theſe Statutes might ſo binde him, but that he might execute and do according to the pleaſure of his own Will, which hee could not do of right; ſubtilly procured ſuch a Petition to be preſented to him in his Parliament, in the behalf of the Commons of his Realm, and to be granted to him in the general; THAT HE MIGHT BE SO FREE AS ANY OF HIS PROGENITORS WERE BEFORE HIM. By colour of which Petition and Grant, he frequently did, and commanded to bee done, MANY THINGS CONTRARY TO THE SAID STATVTES NOT REPEALED, GOING AGAINST THEM EXPRESLY, and WITTINGLY, AGAINST HIS OATH AT HIS CORONATION. That although by the Statutes and Cuſtoms of his Realm, in the ſummoning of every Parliament, his people in every County of the Realm ought to be free, to elect and depute Knights for the ſaid Counties to ſit … Parliament, both TO RECEIVE their GRIEVANCES, and TO PROSECVTE REMEDIES THEREUPON, AS IT SHALL SEEM EXPEDIENT TO THEM; yet the ſaid King, that he might in his Parliament be able to obtain the effect of his raſh Will, frequently directed his Mandates to his Sheriffs, that they ſhould cauſe to come to his Parliament CERTAIN PERSONS NAMED BY THE KING HIMSELF, AS KNIGHTS OF THE SHIRE; Which Knights verily favouring the ſaid King, he might eaſily enduce, as he frequently did, ſometimes by divers threats and terrors, and ſometimes by gifts, TO CONSENT TO THOSE THINGS WHICH WERE VERY PREJVDICIAL TO THE REALM, and VERY BVRDENSOME TO THE PEOPLE;Nota. and ſpecially, TO GRANT TO THE SAID KING A SUBSIDY FOR CERTAIN YEARS, TO THE OPPRESSING OF p. 81His People overmuch. That although the Lands and Tenements, Goods and Chattels of every Freeman, by the Laws of the Realm uſed in all former ages past, ought not to be ſeized, unleſs they had forfeited; Yet notwithſtanding, the ſaid King purpoſing & endeavouring to enervate theſe Laws, in the preſence of very many of the Lords and Commons of this Realm frequently ſaid and affirmed, That the Life, Lands, Tenements, Goods and Chattles of every one of his Subjects, are at his will and pleaſure, without any Forfeiture (by the known Laws) which is altogether contrary to the Laws & cuſtoms of the Realm aforeſaid. Whether all theſe high Miſdemeanors charged againſt King Richard, have not been revived, and acted over and over both by words and deeds in a farre higher degree than ever he was guilty of them, by ſome late, preſent Whitehall Grandees, Army-Officers, New Instrument-makers, Legitors, and Impoſers of Exciſes, Cuſtoms, Impoſts, Tonnage, Poundage, Contributions for many years yet to come; and of that conſtant Annual Revenue projected, intended by them in their 27 Article: I remit to their own judgements, conſciences, and our whole Kingdom to reſolve, and what they demerit for ſuch extravagant high offences, for which he loſt Crown and Regal power, let others determine.

The 3. particular, is their late incumbent Impoſition of 6. Moneths new Contribution, by a meer Self-enacted Whitchall Juriſdiction, without any conſent, grant, in or by the People in Parliament, by that they intitle, An Ordinance of the 8. of …une 1654. beginning thus (in a moſt imperial Stile, tranſcending all former Acts of Parliament, granting or impoſing any Subſidies) without any Prologue to ſweeten it, or court the people to its ready payment.

Be it Ordained and Enacted by his Highneſs the Lord Protector▪ with the conſent of his Council, and it is hereby Ordained, That towards the maintenance of the Armies and Navies of this Commonwealth An Aſſeſſement of one Hundred and Twenty Thouſand Pounds p. 82per Menſem for Three Monethe, commencing the 24 of Iune, 1654 and ending the 29 of Sept. following, ſhall be Taxed, Levied, Collected and Paid in England and Wales in ſuch ſort as is hereafter expreſſed. The full ſum of the ſaid Three Months Aſſeſſment of One hundred and twenty thouſand pounds by the Month, to be at once wholly collected and paid in to the Receivers Generall at or before the tenth day of October next, &c. The Levying thereof upon the refuſers hath been by diſtreſs of Goods by Souldiers, Troopers, and quartering them on the refuſers till payment, and double the value many times paid to, and exacted by the Souldiers for their pains; adjudged (even by ſome of our New Grandees Votes who preſcribe ſuch Taxes and wayes of levying them) to be No leſs then High Treaſon, and levying Warre in **See Mr. St. Johns Argument at his Attainder. p. 36. to 52.Straffords caſe, for which principally he was condemned, and loſt his head on Tower Hill, as a Traytor.

In this New Whitehall Tax without a Parliament (intended as a leading Preſident to bind the whole Nation in perpetuity, if now ſubmitted to, as the 27 Article intimates) there is a double violation, ſubverſion of the Fundamental Laws and Properties of the Nation in the Higheſt degree. The firſt, is by the reviving, impoſing of**See Judge Crooks, & Judg Huttons printed Arguments, & my Humble Remonſtrance againſt the Illegal Tax of Shipmony. Ship-mony on the whole Realm, and all Inland Counties, as well as Maritine, for the Maintenance of the Navies by Sea, (which ſhould be maintained only by the Cuſtoms) and that in a farre higher proportion than the Shipmony impoſed by Writs by our late beheaded King; amounting to no leſs than Forty thouſand pounds per Menſem at laſt, by way of Contribution alone, beſides the Cuſtoms, Tonnage, Poundage and Exciſe paid towards it.

This Impoſition of Shipmony, by the late King, (though ratified with the adviſe and conſent of his Council, many colourable Preſidents, Records in all former ages, and the precedent Reſolution of all his Iudges, under their hands, as juſt, and legally impoſed in caſe of Neceſſity and Publike danger only, without conſent in p. 83Parliament) together with the Iudgement and Proceedings of the Iudges in the Eſchequer Chamber in juſtification thereof, were in the laſt Parliament, after ſolemne debate, by the**Printed at the end of Judge Huttoes A…gument, & amongſt the ſta…utes of 16 Caroli. Votes and Iudgements of both Houſes, on the 20. Ian. and 26 February, reſolved (Nemine contradicent…) To be contrary to the Laws and Statutes of this Realm, contrary to the Rights and Properties of the Subjects of this Realm, contrary to former Iudgements in Parliament, contrary to the great Charter and to the Petition of Right: and voted to be ſo declared by the Iudges at the Aſſizes in the ſeverall Counties; the ſame to be entred and inrolled in the ſeverall Counties by the Clerks of the Aſſiſes. After which, it was for ever damned by a special Act of Parliament, to which the King himſelf gave his Royal aſſent, (afterwards cited and enforced by both Houſes. Exact Collection p. 886. 887. in the caſe of the Array.) And thoſe Iudges who argued, That the King might lawfully impoſe Shipmony on the Subjects, without a Parliament in caſes of Danger and Neceſsity, of which they affirmed him to be the ſole Iudge; were by all impeached by the Houſe of Commons of High Treaſon, for theſe Opinions of theirs; whereby they trayterouſly and wickedly endeavoured to ſubvert The Fundamental Laws and eſtabliſhed Government of the Realm of England, and inſtead thereof to ſet up an Arbitrary and Tyrannical Government againſt Law; of which at large**Chap 1. p. Diurnal Occurences & Speeches, p. 191. to 265. before. How any preſent Powers or Perſons then, can either impoſe, juſtify, levy, enforce it upon any Pretext of Neceſſity, or publique Danger, on the whole Nation, after all theſe late Reſolutions, Iudgements, Votes, Impeachments, and a ſpecial Act of Parliament ſo freſh in memory (eſpecially ſuch who were parties to them) without incurring the ſelf-ſame Impeachments and guilt, as theſe Shipmony Iudges did, or a ſeverer Cenſure then they ſuſtained, let their own Conſcſences, and thoſe who may on… day prove their Iudges, reſolve them at leaſure, being paſt my skill to doe it?

p. 84The 2. is, By the impoſing of a direct heavy Tax, Tallage, and Monthly contr…bution, and that only (for the Maintenance of ſuch a Land Army, which hath offered force unto the Members of both Houſes, ſubverted, deſtroyed that Parliament, Government, Laws, Libertie, for whoſe preſervation they were ſpecially raiſed, Commiſſioned, engaged) without, yea againſt the Peoples aſſent in Parliament: which no King of England, with the advice and conſent of his Council, had ever any Right or Power to doe, or audacity enough to attempt, no not William the Conqueror, C…nute, Henry the 4th. Edward the 4th. or Henry the 7th, who came principally by power of the Sword, to their Soveraign Regall Authorities. By what Juſtice, Power, Legal Right, any other perſon or perſons whatſoever, who are neither rightfull Kings, nor Parliaments of England in their own or others repute, can either impoſe, levy, exact ſuch extravagant Heavy Taxes, Contributions, from the exhauſted Free-born People of England, (eſpecially being now pretended new Free State,) againſt all our Fundamental Lawes, Statutes, Franchiſes, Charters, Properties, Liberties, Records, Parliamentary Iudgements, their own late Remonſtrances, Declarations, Votes, the Preſidents of all former ages, yea of all our Kings coming in by the Sword to their Thrones, let the Impoſers of them ſeriouſly adviſe, as they will anſwer it at their utmoſt peril to God, Men, and the whole Engliſh Nation; who expected better things from them, even a total final exemption from all ſuch illegal Burthens, after all their late Wars, Agonies, Expences, to redeem and preſerve their Lawes, Liberties, Eſtates, Properties, Poſterities, from ſuch exorbitant Oppreſſions, diametrically contrary to all the forecited Iudgements. Reſolutions, Remonſtrances, Statutes, Votes, Preſidents, and ſundry others, which I ſhall hereafter inſiſt on in the third Chapter of this Treatiſe to which I muſt refer you: And ſhall we not then adventure a diſtreſſe, p. 85a Priſon, quartering upon, or any other Dureſſe, yea Death it ſelf, rather than volutarily ſubmit our ſelves and Poſterities backs thereto, when as we ſpend our Bloods, Lives, Treaſures, againſt leſſer, eaſier, Royal Impoſitions? How ſhall we anſwer it to God, Men, or our enſlaved Poſterities, if we now moſt ſafely, unworthily ſubmit thereto in perpe…uity, without the leaſt legal, ſtrenuous, publick oppreſſion or debate of its legality.

If any here allege (as ſome men do) in Iuſtification of theſe three,Objection. (or rather four) forecited kinds of illegal univerſal Taxes, impoſed, levied, on the whole Nation, without conſent of Parliament; That they are all warranted by the Inſtrument of the new Gevernment, Article 27, 28, 29. That a conſtant yearly revenue ſhall be raiſed, ſetled and eſtabliſhed, for maintaining Ten Thouſand Horſe and Dragoons, and Twenty Thouſand Foot in England, Scotland, and Ireland for the Defence and ſecurity thereof, and alſo for a convenient number of Ships for guarding the Seas, beſides two hundred thouſand pounds per annum, for defraying other neceſſary charges, for Adminiſtration of Iustice, and other expences of the Government, which Revenue ſhall be raiſed by the Cuſtomes, and ſuch other ways and means which ſhall be agreed u…o…. By the Lord Protector and Council; and ſhall not be taken away, or diminiſhed, nor the way agreed upon for the raiſing of the ſame altered, but by conſent of the Lord Protector and the Parliament. That the ſaid yearly Revenue ſhall be paid into the publick Treaſury, and iſſued out for the uſes aforeſaid. That in caſe there ſhall not becauſe hereafter to keep up ſo great a Defence at Land or Sea, but that there be an abatement made thereof; The Mony which ſhall be ſaved thereby, ſhall remain in banke for the Publick ſervice, &c. All which they, in the True ſtate of the Caſe of the Commonwealth, p. 43, 44, commend, for a moſt excellent Proviſion, A co…ſtant Revenue, A Publike Bank or Treaſury upon all occaſions, &c. which they intend p. 86to perpetuate on the whole Kingdom, without end or abatement, as well in times of peace, ſafety, as of war and danger. Therefore the Protector and his Counſell at Whitehall in purſuance hereof, may lawfully impoſe (by vertue of theſe Articles) both Exciſe, Cuſtoms, Tonnage, Poundage, Ship-money and contributions, for theſe ends upon our three whole Kingdoms and all the Freeborn Engliſh by printed Ordinances of their own, in what Proportions, and for what time they pleaſe (yea and for perpetuity) without conſent or grant in Parliaments, and reſtrain all future Parliaments, both from taking away, or diminiſhing them, or altering the way agreed on for their raiſing, without their Protectors conſent thereto; (as the expreſſe words run, and their practiſe yet expounds them:) notwithſtanding all former Laws, Statutes, Charters, Reſolutions, Iudgements, Remonſtrances, Oathes, Vowes, Declarations, Preſidents) either in or out of Parliament) to the contrary.

To this I anſwer,Anſwer. firſt, that I cannot but ſtand amazed to hear any Army-Officers, Souldiers, Lawyers, or perſons in preſent truſt or power, who bear the name or hearts of Engliſh Freemen, Saints, Chriſtians, Lovers, Patriots or Protectors of their Native Country of England, its Parliaments, Laws, and Liberties, to make ſuch a ſtupendious irrational objection, as this, which juſtifies all the exorbitant Opinions, Proceedings, Taxes, Oppreſſions, Impoſitions, of our late beheaded King, Strafford, Canterbury, the Ship-money Iudges, old Whitehall Council Table, yea all our other former Kings, and their evil Counſellors moſt irregular Exaction of mony in all ages from Brute till now; and will render the very worſt of all our Kings, if compared with our late and preſent Tax-maſters, and pretended Aſſertors of our Liberties, rather good, gracious, juſt, righteous, Princes, Benefactors, than Tyrants or Oppreſſors, for the future, ſeeing they never out of Parliament impoſed, enforced on their ſubjects any ſuch heavy, various, perpetual Taxes, Impoſts, Exciſes, Ordinances, or new Articles of the p. 87Government…, as theſe forecited.

2ly. This Objection (if admitted juſt or ſolid) gives a private Cabinet …uncto, of obſcure perſons (yet unknown by name unto our Nation) a Superlative, Super-Parliamentall Authority, to contrive and ſet on foot, a new deviſed Inſtrument, to undermine and blow up all our former fundamental Laws, Cuſtoms, great Charters, Liberties, Franchiſes, Properties, Parliaments, former frame of Government at one crake, after all our late bloody, coſtly conteſtations for their preſervation, both in the Supream Courts of Publick Iuſtice, and fields of War, without our privities or conſents thereto, either in or out of Parliament, contrary to all their and our Proteſtations, Oathes, Covenants, Commiſſions, Truſts, Promiſes, Pretences; And inſtead of Engliſh Freemen (as we were before theſe conteſts and wars) to ſtrip us quite naked of all our former Freedoms, Liberties, Properties, Cuſtoms, Rights, derived to us from our Noble Anceſtors, as the purchas of their deareſt blood & render us & our Poſterities for the future, the moſt abſolute Iſſachars, Vaſſals, ſlaves under Heaven, inthralled to all ſorts of intollerable, illegal, unpreſidented, inceſſant, endleſſe Taxes of all kinds, without hopes of alteration or mitigation by any future Parliaments, (without their Protectors or his Succeſſors voluntary conſents, which they cannot expect) and to a conſtant ſtanding Mercenary Army of Horſe and Foot, by Land, and Navies of Hirelings by Sea, to keep us and ours in perpetual Bondage under ſuch New irregular Succeſſive Tax-Maſters; who muſt elect their ſucceſſors like themſelves.

3ly. All our former antient Laws, Statutes, Parliaments till now, in all changes, Revolutions of State or Government, ever conſtantly aſſerted, maintained, provided, **See p. 12 to 20 before the 1 Propoſition, and Statutes, Arguments thereunto: ſpecially 23 E. 1. c. 5. 6. 34. E. 1. c. 1, 2, 3. 14 E. 3. c. 21, and Stat. 2. c. 1. 3 Caroli The Petition of Right.That no Tax, Tallage, Cuſtom, Contribution, Impoſt, Subſidy, Charge, Exciſe, Loan or Payment whatſoever, ſhould be impoſed on the Freemen of England, without their common conſent and grant, in full, free, lawfull Engliſh Parliaments; and if any were impoſed otherwiſe p. 88by any Power or Pretext whatſoever out of Parliament, that it was Null, and void to all intents, to bind the people. But theſe Monſtrous Articles quite turn the ſcales; impowring a few private perſons (neither elected nor intru…ted by the people for ſuch ends) by colour of this ill tuned Instrument (contrived privatly by themſelves alone, as moſt conjecture, for their own ſelf-intereſts) to impoſe perpetuall Impoſts, Exciſes, Cuſtomes, Contributions of all kinds, on our whole three Kingdoms and Nations, which neither they, nor their Parliaments (though never ſo grievous, extravagant, unreaſonable or oppreſſive) ſhall have power to take away, diminiſh, alter, or regulate in the forecited illegall, oppreſſing, violent wayes of levying them, unleſs their Grand Soveraign Lord Protector, ſhall firſt give his conſent thereto; (which they cannot expect, nor enforce,) and in cale of his refuſall, they are utterly left remedileſs; he having Thirty thouſand armed Mercenary Horſe and Foot in ſeverall Quarters by Land, and a ſtrong numerous. Navy by Sea at his command, to keep them under endleſs Tributes to him and his Succeſſors for ever. O England, England, (to omit Scotland and Ireland) conſider ſeriouſly, and timely, to what a bleſſed Liberty, and long-expected freedome, this New invented Inſtrument and the Iriſh Harp, lately quartered with the Engliſh bloody Croſs, as our Free-State Arms, hath now at laſt reduced thee, if theſe objected Articles muſt remain inviolable, maugre all our Laws, Statutes, &c. to the contrary; as our New Tax-maſters and their Instruments, both literally and practically conclude, unleſſe you uſe your uttermoſt, lawfull, preſent, diligent, joynt Endeavours to prevent it …

4ly, The whole Houſe of Commons, yea ſome who were parties to this Inſtrument, lately impeached and with the Lords …ouſe, by judgement of Parliament condemned, beheaded the**See their Impeachments & printed trials, & Mr. St. Johns Argument at Law againſt Strafford, p. 34, 35. Earl of Strafford, and Archbiſhop of Canterbury, as guilty of High Treaſon; in ſubverting our Fundamental Lawes, Liberties, and ſetting up an p. 89arbitrary Tyrannical Government; for reſolving at the Councel Table, before-hand, To aſſiſt the King to raiſe Monies on the Subjects to carry on the Warres againſt the Scots, by extraordinary wayes, in caſe the Parliament ſhould prove peeviſh, and refuſe to grant ſuch Subſidies as they demanded of them. And for Straffords affirming, That Ireland was a Conquered Nation, and that the King might do with them what he pleaſed: That they were a Conquered Nation, and were to expect Lawes as from a Conqueror. And that he would make an Act of Councel board in that Kingdom of Ireland, as binding as an Act of Parliament. And do not the Objectors, Contrivers of this New Inſtrument Articles, and thoſe who now vigorouſly put it in execution in any kind (as too many do;) speak out, and do as much, as bad, as they in each of theſe particulars; nay farre more and worſe? Do not they (after the late violent breaches of our former Parliaments, and their own Junctoes by the Army) raiſe monies in more vaſt proportions, by more irregular, violent, extraordinary wayes, by longer continued Taxes, Exciſes, Impoſitions, and conſtant yearly Revenues, then they ever did or deſigned, quite out of Parliament, by their own arrogated Legiſlative Tax-impoſing Power? Do not they by this very Instrument, proclaim to all the world, that not only Ireland and Scotland, but England it ſelf, is now a meer Conquered Nation? that thereupon they may do with us what th…y pleaſe; and we muſt not only expect, but receive Lawes from them as Conquerors; having already publiſhed whole Volumes of New-Laws and Ordinances of all ſorts at their New-erected Councel board (which the Old never did) and made them as binding, not only to Ireland, but England and Scotland too, as an Act of Parliament? yea farre more binding than any Parliament Acts, by binding the hands, power of future Parliaments themſelves, and our three whole Nations (as aforeſaid) and that in Perpetuity (which no **Cook 4 Inſt. p. 42. 11 R. 2. c. 4. 1 H. 4. rot, Parl. n. 143. 2 H. 4. c. 22. 21 R. 2. c. 4, 5, 6. 1 H. 4. c 7. rot. Parl. n 48. 60. 68.Parliaments, nor Acts of Parliament can do) and by repealing, nulling all our p. 90former Fundamental Laws, Charters, Liberties, Free Government made by Parliaments, with our very Parliaments themſelves? And if ſo, let the Objectors now ſeriouſly conſider both the Treaſonableneſs, unparliamentalneſs, ſad Conſequences of this Objection, and what ill effects it may produce in preſent or future ages.

5ly, The Statutes of 25 E. 1. c. 2. & 42 E. 3. c: 2. yet in force, declare All judgements given or to be given by the Juſtices, or any other, contrary to the points of the Great Charter, to **See Sir Edw. Cooks Preface to his 2. Inſtitutes.be void and holden for Nought: and if any Statute be made to the contrary, it ſhall be holden for none. Therefore theſe Inſtrument Articles, and Paper Ordinances made by colour of them, in direct oppoſition to, and ſubverſion of the points of the Great Charter, and all other Acts for their confirmation, muſt needs be holden for nought and void to all intents, to bind this whole Free-born Nation, or any one Freeman of England in particular.

6. If theſe Articles and Inſtrument (for the premiſed reaſons, and defect of Legal power in the yet unknown Inſtrument-makers) be not void in Law, to all intents and purpoſes, as all wiſe men repute them; yet other clauſes, and Articles of this very Inſtrument, (admit it valid and obligatory to our Nations) give a fatal blow to all the forementioned Exciſes, Impoſitions, Contributions by colour thereof, and to the Objected Articles.

Firſt the Prologue to the Oath, at the cloſe thereof, proclaims the Government ſetled by it, to be ſuch, as by the bleſſing of God might be laſting, ſecure Property, and anſwer The Great Ends of Religion and Libertie, ſo long Contended for: But theſe Articles (as the Objection and premiſes evidence) do no wayes ſecure, but utterly ſubvert all Property, in the higheſt degree; and anſwer not, but eternally fruſtrate, aboliſh, the Great ends of our Religion (condemning all illegal, unrighteous Taxes and **Jer. 21. 12. c. 22. 3, 4, 5. Pſ. 12. 5 Ezech. 18. 5. to 14. c. 22. 12, 13, 27, 29, 30. c. 45. 7. to 10. c. 46. 18. Mich. 3. 1. to 5. c. 2. 1, 2, 3. c. 7. 2. Iſa 58. 6.Jer 21:12Ps 12:5Ezek 18:5–14Mic 3:1–5Isa 58:6Tyrannical, Uſurping, Oppreſſing arbitrary Powers) but eſpecially of our Liberties, ſo long contended p. 91for; and are rather likely to raiſe new troubles and unſettlements, than make the Government laſting (as many late Preſidents, with thoſe ancient ones in Dr. Beard his Theatre of Gods Judgements, l. 2. c. 36. to 42. may perſwade us:) Therefore it muſt be exploded, as repugnant to the whole ſcope of the Inſtrument.

2. The 6. Article of it is fatall and deſtructive to the objected Articles; viz: That the Laws ſhall not be altered, ſuspended, abrogated, or repealed, nor any New Law made, Nor any Tax, Charge, or Impoſition laid upon the People, but by common conſent in Parliament. Save Only, as is expreſſed in the 30th Article (not 27.) Now theſe objected 27, 28, 29 Articles, being diametrically contrary to every word, clauſe of this 6 Article, and agreeable to our Fundamental Laws (which the laſt clauſe of the Oath obligeth their Protector and his Succeſſors to maintain, and to govern the People by) which Laws muſt be all**See True, &c. p. 17, 18. altered, ſuſpended, abrogated, repealed by theſe Articles alone, if reputed valid; in giving Power to them, to impoſe any Tax, Charge, Impoſition upon the People, without common conſent in Parliament; and being not within the ſaving of this, or the 30th Article, muſt needs be void and repealed by this very ſixt Article, and the Oath it ſelf.

3. The 30th Article following them, diametrically contradicts, repeals them in theſe words. That the raiſing of Money for defraying the charges of preſent extraordinary Forces both by Land and Sea, in respect of the preſent warrs, ſhall be by conſent of Parliament: Save only, that the Lord Protector, with the conſent of the Major part of the Councel, for preventing the diſorders and dangers which may otherwiſe fall out both at Sea and Land, ſhall have power until the Meeting of the firſt Parliament (on the 3. September 1654.) to raiſe Monies for the purpoſes aforeſaid. The former part of this Article is conſonant to, and expounded by the 6. forecited, which is more generall: and the plain ſenſe thereof is this. That all monies raiſed for defraying the p. 92Extraordinary Forces both by Land and Sea (exceeding the antient ſtanding Garriſons, Guards maintained by the old conſtant Revenues of the Crown, without any Tax upon the People) ſhall be by conſent of parliament. Therefore a fortiori; all perpetual ſtanding Taxes, Exciſes, Contributions to maintain the ordinary and extraordinary Forces by Land or Sea, and ordinary expences of the Government (which, in reſpect of their conſtancy, permanency, are far more grievous, dangerous to the Subject than rare extraordinary ones upon emergent occaſions) muſt and ought not to be impoſed by their new created Power out of Parliament, after the 3 of September.

It any here object;Objection. That the latter clauſe of the 30 Article Save only, &c. Authorized thoſe at Whitehall, without a Parliament, to impoſe Exciſes, Taxes, Cuſtoms, (Impoſitions, Contributions forementioned, and any other conſtant annual Revenue they ſhall ſettle, according to the 27 Article; ſo as it be done before September 3. 1654. Therefore they are all lawfull, becauſe impoſed before that time by their printed Ordinances forecited.

I Anſwer,Anſwer. 1. That this ſaving, is utterly void in law, to all intents, 1. Becauſe it is not only contrary to all our Fundamental Laws, Great Charters, Statutes, but repugnant to the body of the 6 Article, and firſt part of the 30▪ to which it is annexed. 2. Becauſe it aſſigns the Legiſlative Tax-impoſing Power (the inſeparable incommunicable Iurisdiction of our Parliaments alone) to a new Whitehall Councel, by a void inſtrument made out of Parliament for a certain time, which biggeſt Soveraign power, the Parliament it ſelf neither legally may, nor can, nor ought to transfer by any Ordinance or. Act of Parliament to any Committee of their own Members, no not for a moment, as is both reſolved and declared by Act of Parliament. 1 H. 4. c. 3. and Rot. Parl. 1 H. 4. n. 26, 48, 6 6, 70. 31 H. 8. c. 8. 34 H. 8. c. 23. and 1. E. 6. c. 12. it being derogatory and deſtructive p. 93to the free State power, Rights of Parliaments, tending to the great incommodity of the whole Realm, and of pernicious example to Poſterity, as the whole Parliament of 1. H. 4 long ſince reſolved in poſitive termes.

2ly. This ſaving is juſt like the Popes old**Math. Paris Hiſt. Angliae London. 1640. p. 810. 818, 854 875. Deteſtable Non Obſtante, at the cloſe of their Bulls; quae omnem ſubvertit praehabitam Juſtitiam, which ſubverted all the Juſtice and Privileges granted before to any in the Body of thoſe Bulls; and as pernicious as that**See M…. Sr. Johns Speech againſt the ſhip-money Judges, p. 16, 17▪ 18, 19. Exact. Collect. p. 885. Proviſo, which the Houſe of Lords deſired at firſt, to have inſerted into the Petition of Right, which would have made it Felo de ſe, becauſe it inſinuated that the King by his Soveraign power where with the Law had intruſted him, for the protection, ſafety, and happineſſe of his People might impoſe any Aid, Tax, Tallage, or charge upon his People without a Parliament, though by his ordinary power he could not do it. which had left the Subjects in worſe caſe than it found them, and wholly deſtructive to it ſelf in all the parts thereof: whereupon after a conference had concerning it by the Commons, it was totally rejected by both Houſes; as this Salvo muſt be for the ſelf ſame reaſon.

3ly. Admit it valid; yet it gives power to them to raiſe moneys for the maintenance by Land and Sea, only until September 3. 1654. and no longer; as is evident by the very words themſelves; and the Confeſſion, Expoſition, (of thoſe who made the Inſtrument, as moſt ſuppoſe) in their, True State of the Caſe of the Commonwealth of England, &c. 1654. p. 39. 40. in theſe words This power is to continue only til the ſitting of the next Parliament. Yea George Smith in his new Treatiſe, intituled, Gods unchangeableneſſe, &c. (in juſtification of the preſent Governour and Government) p. 54. writes thus; And for his ſeeking to have power to make Laws, and raiſe mon…ys, it is meer calumniation. He ſeeks it not, He claimes it not, but leaves it to the wiſdom of Parliament, as appears in Artiole 6. (as is thus excepted) p. 94for and in Caſes of ſafety and neceſſity, till the time that this preſent Parliament was aſſembled, and yet to be done by him with the advice of his Council, ſo then he ſeeks not the ſtrength nor treaſure of the Nation, nor to have it in his own power. Therefore they can impoſe no Taxes, Exciſes, nor Contributions by their printed Ordinances to continue after its beginning; nor by any future Ordinances (as they term them) after that time. Now the firſt Tax of Exciſe, forementioned, is impoſed till the 26 of March 1655 which is 7 months after the 3 of September 1654. The 2 of Cuſtoms, Tonnage and Poundage, is continued til the 26 of March 1658, which is 3 years and 7 months after this 3 of September. And the 3 for the 6 Months Contribution reacheth till the 29 of December 1654, which is near full 4 Months after the firſt ſitting of that their next Parliament: And any conſtant yearly Revenue ſetled by them, will far exceed this limited time, and all former Taxes: Therefore all theſe premiſed, and all other future Exciſes, Cuſtoms, Impoſt, Contributions by pretended Ordinances for their levying after the 3 of September, exceeding the power and time limited by this Saving, muſt be void, and no ways warranted by the very Saving it ſelf, and to be oppoſed as ſuch.

4ly. To ſay, That although theſe ſeveral impoſitions continue after the 3 of September 1654, yet they were impoſed by their Printed Ordinances before it; therefore within this Saving is a moſt abſurd excuſe and ſhift, repugnant to the words, yea wholly deſtructive to the 6 Article, and firſt part of the 30, For by this reaſon had their forecited Ordinances (or any other dormant or future Antedated ones yet unpubliſhed) impoſed Exciſes, Cuſtoms, Tonnage, Poundage, Contributions on us for twenty, fifty, an hundred, or a thouſand years yet to come, before the 3. of September, they muſt have been binding to us and our Poſterities, during all that ſpace, and unavoidable by the people, or future Parliaments, by this Saving and expoſition of it. But the words of p. 95this Saving, giving only Power to raiſe Monies until the Méeting of the firſt Parliament; not to make New Edicts any time before it to impoſe and continue Taxes for any time or years after it, (which would have foreſtalled, affronted the next and all future Parliaments in their proper work, of granting, regulating all future Taxes (according to the 6. and 30. Articles) and made them meer Cyphers:) clearly takes away this evaſion; with all their former and future Whitehall Impoſitions after the 3 of September; as contrary both to their Inſtrument and Oath.

5ly, The words of the 30th Article whereto this Saving refers, are obſervable, That they ſhall have power until the meeting of the firſt Parliament, to raiſe Monies for defraying the Charges of the Extraordinary Forces both at Land and Sea, In reſpect of the preſent Wars: To which, for the purpoſes aforeſaid, in the Saving relates. But the preſent Warres being many Moneths ſince ended, both by Land and Sea, by the Peace concluded with Forreign Nations: and ſo no need, nor uſe of Extraordinary Forces to be ſtill continued by Land or Sea; the ancient Trayned Bands and Militia of the Realm, being now well able to defend, ſecure us at their owne coſt, without any Mercenary Forces, Exciſes or Contributions, only to pay them; the power of raiſing Monies in this Saving, with the grounds thereof, are now at an end, as well as our Warrs; and the whole 27 Article too: Since the old ſtanding Militia, and Trayned Bands of the 3. Nations, will be a ſufficient Safeguard to them, without our Mercenary Army or Forces; which **See Heylyns Microcoſme. p. 756, 757, 758, 395, 412. 507. 577. 578. 642. 672. 704.uſually prove Treacherous Supplanters, Uſurpers; Oppreſſors to all who rely … them; whereupon our prudent Anceſters, ſince …gernes uſurpation,**Exact Coll. p. 7. 575. 639, 640, 641. 807. 836. 850. to 890. intruſted their Militia and Defence of the Realm, only in the hands of the Nobility, Gentry, Freeholders, and perſons of beſt ability and eſtates, not in Mercenary Armies (which ſupplanted the Britons:) And our Warres now ceaſing, the antient Revenues, Lands, Cuſtomes of the Crowne, p. 96and Perquiſits of the Courts of Juſtice, will be ſufficient to defray all the Ordinary expences of the Government, Navy, old ſtanding Garriſons, (if continued, though uſeleſs) Officers of State and Juſtice, as they did in **See the Act of Reſumption, 28 …. 6. 11. 53.all former ages, and ſtill ought to do, for the peoples eaſe and benefit.

6ly, It hath been the ſpecial policy, care of our prudent Fore-fathers and wiſe aaSee Cooks 4 Inſt…t. c. 1. p. 33. Regal Taxes, & here ch. 3. ſect. 4, 5, 6.Parliaments, never to grant any annual Tax or Charge (except Tonnage …and Poundage in ſome caſes for a limited time) for Publike Defence, unto their Kings and Governours; nor uſually to give them above Subſidy, or one or two Fifteens, or a ſingle Eſcuage, and ſometimes not ſo much, in any one Parliament, upon any extraordinary occaſion or neceſſity, and that upon theſe Grounds. 1. Becauſe**See 14 E. 3. c. 21. & ſtat. 2. c. 1. 5. R. 2. ſtat. 2. c. 2, 3, & all Acts for …. extraordinary Aydes, ought to be granted only for, and proportioned to extraordinary, preſent, emergent Neceſſities, viſibly appearing; which being not laſting, but momentany and various one from another, no ſtanding certain Contribution can or ought to be allotted for them, but only a temporary and mutable; the ordinary ſetled Crown Revenues being ſufficient to defray all ordinary expences, without other Aydes. 2ly, To keep a perpetual tye upon their Kings and Governours, to ſummon frequent Parliaments, and redre…s all their Grievances in them, before they ſhould receive any Grant of new Ayds or Subſidies from them, to ſupply their publique Neceſſities; to preſerve a Power and Right in Parliaments to examine the grounds and preſent neceſſity of all Taxes demanded: and to**See Henry de Knyghton, de Eventibus Angliae, l. 5. col. 2681. to 2690. 2 R. 2. rot. Parl. n. 20, 21, 24. take an Accompt how former Taxes, & the Kings Revenues had been diſburſed, before they granted new ones: All which the granting of ſtanding annual Aydes for publique Defence would fruſt…e. 3ly, To prevent the encroaching of a conſtant Charge and Revenue on the People, which if granted but for years, life; or but twice or thrice in the ſame kind and proportion, without alteration, though but as a free gift in Parliament, would thereupon be claimed, exacted from them afterwards, as p. 97a meer juſt annual Right and Revenue, without their future grants, as Danegeld, was by ſome of our Kings of old; Impoſts once granted, by Edward the 3. and other Kings heretofore; and the Cuſtomes of Tonnage & Poundage by King Charles of late. 4ly, To avoid all unjuſt Oppreſſions of the people by impoſing on them more Taxes at once than the preſent urgent neceſſities required. 5ly, To prevent the inhaunſing, doubling of Taxes by any new dangerous Preſidents; Sir Edward Co…k obſerves in his 4 Inſtitutes, p. 33. That the Commons never uſed to give above one Temporary Subſidie, and two Fifteens, in any one Parliament, and ſometimes leſs; till the Parliament of 31 Eliz. which gave 2. Subſidies, and 4 Fifteens; upon which firſt breach of this old circle and uſage, their Taxes ſtill increaſed afterwards by degrees; for in 35, & 39 Eliz. they roſe to 3. Subſidies, and 6 Fifteens: in 43 Eliz. to 4 Subſidies and 8 Fifteens: in 21 Jacobi to 3 Subſidies, and 6 Fifteens, in ſhorter time then had been before: in 3 Caroli, to 5 Subſidies in ſhorteſt time of all: and now of late, to constant annual Impoſts, Exciſes, & endleſs Monethly Contributions, amounting to at leaſt 3 Subſidies every MonethMonth. 6ly, Becauſe a ſtanding extraordinary Tax (eſpecially for years or life) when once claimed or received as part of the publique Revenue, would be hardly relinquiſhed, or diſcontinued, without much conteſt, and danger; as appears by Danegeld of old, and Tonnage, Poundage, Exciſe, Monthly Contributions of late impoſed as of right upon us, by every new upſtart Power; and when once cuſtomarily claimed, collected as a Duty, will no ways eaſe nor exempt the people from new Extraordinary Aydes and Taxes. This is evident by that memorable Preſident concerning Abby-Lands, in King Henry the 8 his reign, ſetled on him as a large annuall ſtanding Revenue, of purpoſe to defend the Realm, and eaſe the People from all future Aydes, by the Parliaments of 27 H. 8. c. 28. 31 H. 8. c. 13. 32 H. 8. c. 14. Yet were theſe Lands no ſooner ſetled on the Crown for theſe ends, but in the ſame Parliament of 32 H. 8. the p. 98King demanded and …ad of his Subjects, one extraordinary Subſidy both of the Clergy and Laity; and 34 H 8. c. 16, 17. & 37 H. 8. c. 24. he demanded and had the like Subſidy of them again: and his Succeſſors the like and greater Subſidies every Parliament ſince. The like we ſee in the Caſe of Tonnage and Poundage, granted only for the Defence of the Seas and Realm against Forraign Enemies & Pirates: Which no ſooner taken by the late King, as a standing Revenue of the Crown, but he exacted and levied againſt Law, a New annual Tax of Shipmony, to guard the Seas, for which very uſe he received Tonnage, Poundage, and the ancient Cuſtomes; as our late Governors did, and preſent do; together with new Impoſts and Exciſes; and yet impoſe Land rates of Forty thouſand pounds a Month beſides, to Maintain the Navy. To inſtance in one particular more: Our late new Governours made ſale of all Archbiſhops, Biſhops, Deanes, Chapters, Delinquents, Kings, Queens, Princes, and Sequeſtred Lands and Goods, both in England, Scotland, and Ireland, one after another; under pretext, to eaſe the People in, and of their heavy Taxes: But what was the iſſue? all their Taxes, Exciſes, and other Impoſitions were ſtill continuep on them, without any intermiſſion or diminution, nay advanced higher than ever, to 120 thouſand pounds Contribution by the Month for England, beſides Scotland and Ireland, even whiles all theſe Lands and Goods were ſelling; the Lands and Goods ſold, conſumed, without any publique Accompt yet given of the Monies, or their diſpoſall; or any preſent eaſe to the oppreſſed people: and the ordinary ſtanding Revenues of the Realm being now by this meanes decayed, diſſipated, and almoſt brought to nothing; theſe New Projectors and Diſſipators of this vaſt publique Revenue; inſtead of eaſing, by colour of this Inſtrument, reſolve to impoſe upon the undone, long-oppreſſed Peoples gauled, broken backs and Eſtates, ſuch perpetual conſtant, annual Taxes, Exciſes, Imposts, Revenues as you have heard, for the Maintenance both of the Army, Navy, Adminiſtration of Juſtice, p. 99and other ordinary expences of the Government; which no Kings of England ever yet received, or pretended to. Which if any future Parliaments ſhall be ſo mad, or improvident once to ſettle, or the Kingdom not unanimouſly to oppugne; if ſetled by them without a Parliament, inſtead of eaſing of the People of their long inſupportable Taxes, now their wars are ended; in all ſucceeding Parliaments, they ſhall ſtill be burthened with new extraordinary Taxes, upon new pretended extraordinary occaſions, and Forces raiſed (as the words of the 30 Article, compared with the 27 and 29, declare) as if this new conſtant revenue had never been ſetled; and if our Parliaments refuſe to grant them, theſe New Projecting Tax-Maſters (who muſt diſpoſe of all the moneys in the intervals of Parliaments) will impoſe and levy them at their pleaſure, by their Supertranſcendent uſurped Tyrannical Power and Sword men, and dispoſe of them as they pleaſe without a Parliament, as they have already done, without rendring any other publick Accompt to the people thereof, than hath hitherto been given to them of all the many millions of Treaſure already extorted from them of late years, to no other end (as appears by theſe Articles of our New Government) but now at laſt, to bring and keep them under perpetual endleſſe Taxes of all ſorts, and the intollerable, worſe than Turkiſh Slavery of a perpetual domineering Mercenary Army, Navy, inſtead of long promiſed Liberty, eaſe and exemption from them, till they are all brought to a morſel of bread, and till their private eſtates be utterly conſumed, as well as the publick Crown and Church Revenues, yet remaining.

The lad and ſerious conſideration of all which Premiſes, I humbly ſubmit to the Impartial Iudgements, Conſciences of our preſent Governours, Army Officers, Souldiers themſelves, how diſcrepant they are from all their former printed Deolarations; Proteſtations, Promiſes, Vowes, Engagements to the People, and what they expected from them; It was the Speech of the Scythian p. 100Embaſſadours, to Alexander the Grand Conquerour of the world,**Q…. Curtius, Hiſt. l. 7. p. 831. Nec Servire ulli poſſumus, nec regnare deſideramus. Si Deus es, tribuere mortalibus b…nificia debes, non ſua eripere, ſic Homo…es, id qu…d es ſemper eſſe te cogita, Stultum eſt eorum memintſſe propter quae tui obliviſceris: Let it be all Heroick Engliſh Freemens to our pretended Conquerors; who may do well to remember that Hermolaus and other Officers, and Souldiers of Alexanders own Guard, conſpired his deſtruction, after all his Perſian Conqueſts, for this very reaſon, which they juſtified to his face,**Qu. Curtius, Hiſt. l. 8. Quia non ut ingenuis imperare caepiſti, Sed quati in mancipia dominaris; becauſe he had begun not to raign over them as Freemen, but to domineer over them like Slaves; and becauſe Revelaetions in this age, may be more prevalent with ſome Men than Gods own Oracles, or our Lawes; I ſhall inform our Tax-impoſing Governours; that St. Bridget of Sweden in the 8 Book of her **Printed at Nu…mbergh, 1521.Revelations of the Heavenly Emperour unto Kings, cap. 6 records; That ſhe had this Revelation from the Son of God, That Kings and Governours ought to love the People and Commonalty of their Realms: That they then ſhew they truly love them, when they permit them to enjoy their approved Laws and Liberties; when cruel Exactors and Collectors domineer not over them; if they burthen them not with new Inventions of Impoſt, Taxes, and Tributes, nor with grievous and unaccuſtomed Hoſpitality, Permanencies or Freequarter; For although for the reſiſting of Infidels they may humiliter petere auxilium a Populo; humbly requeſt an aid from the People and Commons of their Realms (not imperiouſly impoſe it) when there is a neceſſity; yet let them beware quod neceſsitas illa non veniat in conſuetudinem & legem, that the neceſſity comes not into a cuſtom and law: **See Revelationum l. 4. c. 104, 105. l. 7. c. 16. l. 8. c. 48. & Rev… lationes extravagantes. c. 73, 80.For that King (or Ruler) who layes not aſide his unjuſt Exactions, and Fraudulent Inventions to raiſe monies, and oppreſſe his People, making his reigns and Kingdoms meer robberies and rapines, as moſt then did, and n…w too) let him know for p. 101certain he ſhall not proſper in his doings, but ſhall lead and end his life in grief, diſmiſſe his Kingdoms in tribulations; his Son and Poſterity ſhall be in ſuch hatred, reproach and confuſion, that all men ſhall wonder thereat; & his Soul ſhall be tormented by the Devils in Hell: which ſhe manifeſts by the**Revelationum l. 8. c. 48. example of an unjuſt Tax-impoſing King, damned to Hell, and there tormented by the Devils: For that to retain the Kingdom to himſelf, and defend it from Invaſions, he petended the antient Revenues of his Eſchequer would not defray the Expences of the Government, and Realms defence; whereupon he deviſed certain new Inventions, and fraudulent Exactions of Impoſts, Tributes, Taxes, and impoſed them on his Kingdome, to the dammage of the Natives, and oppreſſion of innocent Merchants and Strangers; although his conſcience dictated to him, Quod iſta erant contra Deum, et omnem Iuſtitiam, et Publicam Honeſtatem: that theſe things were againſt God, and all Iuſtice, and Common Honeſty; as our forementioned Exciſes, Impoſts, Taxes are now. Let thoſe who are now guilty of this ſinne in the higheſt degree, beware they incurre not the ſelf-ſame temporal and infernal puniſhments, thus threatned to and inflicted upon others. And let our whole Engliſh Nation and their Truſtees, upon ſerious conſideration of all the premiſes, beware how they in any kind, through fear or cowardiſe, ſubmit their necks or backs to the forementioned illegal Yokes and Burdens, of perpetual ſtanding Exciſes, Impoſts, Contributions, and Taxes, to enſlave themſelves and their Poſterities for ever to an oppreſſing Military New Government, and perpetual Army: For which end I ſhall only recommend unto their meditation and practiſe, this obſervation and policy of our prudent Anceſters, **Math: Paris Hiſt. Angl. p. 517.Binus actus inducit Conſuetudinem; that a double generall ſubmiſſion to, and payment of ſuch exorbitant illegal Taxes, will introduce a cuſtomary, future exaction and payment of them; which made them always (as we have greateſt reaſon now to do) peremptorily to withſtand the firſ, to prevent a ſecond cuſtomary, future exaction p. 102and payment in like kind; purſuing the Poet Ovids old ſage Counſel, wherewith I ſhall conclude this point.

**De Remedio Amo…s, l. 2.Principiis obſta: ſerò medicina paratur

Cum mala per longas invaluere moras,

How tranſcendently all the other Fundamental Laws, Liberties, Rights of our Engliſh Freeborn Nation have by late and preſent Governours and their Inſtruments been infringed, ſubverted in an higher avowed degree than ever in former ages, by forcible tyrannical Proceedings of all kindes, in breaking open mens Houſes, by armed Souldiers, and other unſworn illegal Officers, Exciſemen, Sequeſtrators, both by day and night; ſeiſing their Perſons, Horſes, Armes, Papers, Writings; ranſacking their Studies, Truncks, Cabinets, upon falſe ſurmiſes, ſuſpicions; cloſe impriſoning their perſons (by multitudes) without, before any examination, particular accuſation, hearing, trial, in unuſual places; and ſome of them in remeteſt Iſles, Garriſons under Souldiers: Their preſſing of men for Land and Sea ſervice, and carrying them away perforce by Soldiers, Troopers, Officers, Mariners, (like ſo many Priſoners) out of their own Counties and the Realm, to unnatural, unchriſtian Warrs, againſt their Wills and Conſciences: Their diſinheriting many Thouſands of Engliſh Freemen of all ſorts, of their Freeholds, Lands, Offices, Fra…chiſes, Honors, Authorities; ſpoyling them and theirs of theirs Goods, Chattles, Eſtates, Lives, in and by Arbitrary Committees, Martial, & other extravagant Courts of higheſt Injuſtice: Subverting, Changing our ancient Fundamental Lawes, Statutes, and enacting New without the Peoples free conſents in Lawfull, Engliſh Parliaments: altering the whole Frame and Conſtitution of our Monarchy, Government, and Parliaments themſelves: Depriving the people of the Free election of their Parliament Members, and other Elective Officers, contrary to our Lawes, Charters, Uſages; ſecuring, ſecluding the Members of Parliament themſelves, by armed Force; diſſolving Parliaments by the Sword alone, without Writ or legall p. 103power, contrary to Acts and Privileges of Parliament; by erecting New Legiſlative, Tax-impoſing, Self-created Powers, (not elected by the People) at Whitehall and elſewhere, not to be paralleld in any age. By creating New-Treaſons contrary to the old ones, and the Statute of 25 E. 3. and condemning, ſequeſtring, impriſoning, executing Engliſh Peers and Freemen, only for their loyalty, Duty to their lawfull Soveraigns, and defence of the Rights, Privileges, Liberties, Laws of the Kingdom, Parliament, Nation, according to their Oathes, Proteſtations, League, Covenant, and Gods own Precepts, againſt the publique Enemies, Oppugners, Vnderminers, Subvertors of, and Conſpirators against them. By making publick wars at Land and Sea with our Christian Proteſtant Brethren, and other Nations; and concluding Leagues, Truces without common conſent or advice in Parliament. By alienating, ſelling, giving, ſquandring away the ancient Demeſnes, Lands, Honours, Rents, Revenues, Rights, Inheritances of the Crown of England, (yea of Scotland and Ireland likewiſe) to Officers, Souldiers of the Army, and others, for pretended Arrears, Services, or inconſiderable values; which ſhould defray all the conſtant ordinary Expences of the Government, publique, State Officers, Embaſſadours, Garriſons, Navy, Courts of the Kingdom, and eaſe the People from all kind of Taxes, Payments, Contributions whatſoever towards them (except in extraordinary emergent caſes and neceſſities in times of war, requiring extraordinary expences for their publique ſafety ſupplied by Aydes and Subſidies granted only by common conſent in Parliament only, and not otherwiſe) which now muſt be wholly, or for the greateſt part defrayed by the People alone, out of their own exhauſted private eſtates, by endleſſe Taxes, Exciſes, Contributions (as appears by the 27, 28, 29, 30. Articles of their New ill ſounding Inſtrument foreinſiſted on) whiles others, without right or legal Title, enjoy the old ſtanding Demeſnes, Lands, Rents, Revenues and Perquiſites of the Crown for their private advantage without any Acts of Reſumption p. 104(**See Mat. Pa…s p. 306. 308. Grafton, p. 90. 149. Daniel, p. 78, 79, 83, 123. 1 R. 2. Rot. Parl. to 148. 1 H. 4. n. 100. 6 H. 4. n. 14, 15. 8 H. 4. n. 52. 1 H. 5. c. 6. 28 H. 6. rot Parl. n. 53. 31 H. 6. c. 7. 33. H. 6. n. 47. 4 E. 4. n. 39. 12. E. 4. n. 6. uſual in all former ages) to keep the Kingdom, Nation from becoming Bankrupts, and people from oppreſſion) which ſhould eaſe the people of thoſe intollerable conſtant burthens lately laid upon them, againſt all Juſtice, Law, Conſcience, and make inſufferable waſts, and ſpoyles of the stately Houſes, Timber, Wood…, Mines, Forreſts, Parkes of the Crown, without reſtraint, to the Kingdoms extraordinary prejudice; for which they ought to give an Account and make full reparations, if the Earl of Devonſhires caſe, Cook 11 Reports f. 89▪ 90, 91 be Law. And by ſundry other particulars (requiring whole Baronian volumes, to recite and ſpecifie to the full;) is ſo well known by dayly experience, and multitude of Preſidents freſh in memory, to our whole three Nations, that I ſhall here no further inſiſt upon them. all which experimentally confirm the truth of our Saviours own words. Iohn 10, 1, 10. Verily, verily I ſay unto you, He that entreth not by the Do…r into the Sheepfold, but climbeth up ſome other way, the ſame is a Theef and a Robber; The Theef cometh not but ſteal and to kill, and to deſtroy, Whatever his pretences be to the contrary. And this rule of Johannes Angelius Wenderhagen: Politiae Synopticae, lib. 3. c. 9. ſect. 11. p. 3. 10. Hinc Regulae loco notandum. Quod omne Regnum vi Armata acquiſitum in effectis Subditos Semper in durior is Servatutis conditiones arripiat, licet a principio Dulcedinem prurientibus ſpirare videatur; (which we now find moſt true, by ſad, ſenſible experience) Ide… cunctis hoc cavendum, Ne temere ſe ſeduci patiantur.

FINIS.

End of the text · William Prynne, Historical Vindication Part 1 and 2 (1655)