Reasons Assigned, Text
REASONS Aſsigned by WILLIAM PRYNNE, &c.
BEing on the 7 of this inſtant June 1649 informed by the Aſſeſſors of the Pariſh of Swainſwicke, that I was aſſeſſed at 2 l. 5 s. for three months Contribution, by vertue of a (pretended), Act of the Commons aſſembled in Parliament, bearing date the 7 of April laſt, aſſeſſing the Kingdom at ninty thouſand-pounds monthly, beginning from the 25 of March laſt, and continuing for ſix months next enſuing, towards the maintenance of the forces to be continued in England and Ireland, and the paying of ſuch as are thought fit to be diſbanded, that ſo Free-quarter may be taken off; whereof 3075 l. 17 s. 1 d. ob. is monthly impoſed on the County, and 2 l. 5 s. 3 d. on the ſmall poor Pariſh where I live; and being ſince on the 15 of June required to pay in 2 l. 5 s. for my proportion: I returned the Collector this Anſwer, That I could neither in Conſcience, Law, nor Prudence in the leaſt meaſure ſubmit to the voluntary payment of this illegall Tax, and unreaſonable Contribution, (after all my unrepaired loſſes and ſufferings for the publick Liberty) amounting to ſix times more then Ship-money, (the times conſidered) or any other illegall Tax of the late beheaded King, ſo much declaimed againſt in our three laſt Parliaments by ſome of thoſe who impoſed this. And that I would rather ſubmit to the painfulleſt death and ſevereſt puniſhment the Impoſers or Exactors of it could inflict upon me by their arbitrary power (for legall they had none) then voluntarily pay, or not oppoſe it in my place and calling to the uttermoſt, upon the ſame, if not better reaſons as I oppugned aSee my humble Remonſtrance againſt Ship-money.Ship-money, Knighthood, and other unlawfull impoſitions of the late King and his Councel heretofore. And that they and all the world might bear witneſſe, I did it not from meer obſtinacy or fullenneſſe; but out of ſolid reall grounds of Conſcience, Law, Prudence, and publick affection to the weal and Liberty of my native Country (now in danger of being enſlaved under a new vaſſalage, more grievous then the worſt it ever yet ſuſtained under the late, or any other of our worſt Kings) I promiſed to draw up the Reaſons of this my refuſal in writing, and to publiſh them ſo ſoon as poſſible to the Kingdom, for my own Vindication, and the better information and ſatisfaction of all ſuch as are any wayes concerned in the impoſing, collecting, levying or paying of this ſtrange kinde of Contribution. In purſuance whereof, I immediately penned theſe enſuing Reaſons; which I humbly ſubmit to the impartiall Cenſure of all conſcientious and judicious Engliſhmen; deſiring either their ingenuous Refutation, if erronious; or candid Approbation, if ſubſtantiall and irrefragable, as my conſcience and judgment perſwade me they are, and that they will appear ſo to all impartiall Perſons, after full examination.
Firſt, By the fundamental Laws, and known Statutes of this Realme, No Tax, Tallage, Ayd, Impoſition, Contribution, Loan or Aſſeſſment whatſoever may or ought to be impoſed or levied on the free men and people of this Realm of England, but by the WILL and COMMON ASSENT of the EARLS, BARONS, Knights, Burgeſſes, Commons, and WHOLE REALM in a free and full PARLIAMENT, by ACT OF PARLIAMENT: All Taxes &c. not ſo impoſed, levyed (though for the common defence and profit of the Realm) being unjuſt, oppreſſive, inconſiſtent with the liberty and propertie of the Subject, Laws and Statutes of the Realm; as is undeniably evident by the expreſſe Statutes of Magna Charta, cap. 29.30. 25. E. 1. c. 5, 6. 34. E. 1. De Tallagio non concedendo c. 1. 21. E. 3. Rot. Parl. n. 16. 25. E. 3. c. 8. 36. E. 3. Rot. Parl. n. 26. 45. E. 3. Rot. Parl. n. 42. 11. H. 4. Rot. Parl. n. 10. 1. R. 3. c. 2. The Petition of Right, and Reſolutions of both Houſes againſt Loans, 3. Caroli: The Votes and Acts againſt Ship-money, Knighthood, Tonnage and Poundage, and the Star-chamber this laſt Parliament, 17. & 18 Caroli. And fully agreed and demonſtrated by Mr. William Hackwell in his Argument againſt Impoſitions; Judge Hutton and Judge Crook in their Arguments, and Mr. St. John in his Argument and Speech againſt Ship-money, with other Arguments and Diſcourſes of that ſubject: Sir Edward Cook in his 2 Inſtit. (publiſhed by Order of the Commons Houſe) pag. 59.60. &c. 527.528.529.532.533, &c. with ſundry other Records and Law-books cited by theſe great Rabbies of the Law, and Patriots of the Peoples Liberties. But the preſent Tax of Ninety Thouſand pounds a Month, now exacted of me, was not thus impoſed. Therefore it ought not to be demanded of, nor levied on me; and I ought in conſcience, Law, and prudence to withſtand it as unjuſt, oppreſſive, inconſiſtent with the Liberty and Property of the Subject, Laws and Statutes of the Realm.
To make good the Aſſumption, which is onelyonly queſtionable.
Firſt, This Tax was not impoſed in, but out of any Parliament, the late Parliament being actually diſſolved above two months before this pretended Act of theſe Tax-impoſers taking away the King by a violent death, as is expreſly reſolved by the Parliament of 1 H. 4. Rot. Parl. n. 1. by the Parliament of 4. H. 4. and 1. H. 5. Rot. Parliam. n. 26. Cook 4 Inſtitutes p. 46. and 4. E. 4.44. b. For the King being both the Head, beginning, end and foundation of the Parliament (as Modus tenendi Parliamentum: and Sir Edward Cooks 4. Inſtit. p. 3. reſolve) which was ſummoned and conſtituted only by his Writ now bSee 1 E. 6. cap. 7. Cook 7. Report. 30.31. Dyer 165. 4. E. 4.43.44. 1 E. 5.1. Brook Commiſſion. 19.21.actually abated by his death: and the Parliament (as is evident by the clauſes of the ſeverall Writs of Summons to cCromptons Juriſdiction of Courts, fol. 1. Cook. 4. Inſtit. p. 9.10.the Lords, and for the election of Knights and Burgeſſes, and levying of their wages) being onelyonly PARLIAMENTUM NOSTRUM, the Kings Parliament that is dead, not his Heirs and Succeſſors; and the Lords and Commons being all ſummoned and authorized by it to come to HIS PARLIAMENT, there to be preſent, and conferre with HIM (NOBISCUM, not his Heirs and Succeſſors) of the weighty and urgent affairs that concerned (NOS) HIM and HIS KINGDOME of England; and the Knights and Burgeſſes receiving their wages for, Nuper ad NOS ad PARLIAMENTƲM NOSTRƲM veniendo, &c. quod ſommoneri FECIMƲS, ad tractandum ibidem ſuper diverſis & arduis Negotiis NOS & Statum REGNI NOSTRI tangentibus, as the tenor of the d5. Ed. 3.6. part. 2. Dorſ. Clauſ. Regiſt. f. 192.200.Writs for their wages determines. The King being dead, and his Writ and Authority by which they were ſummoned, with the ends for which they were called (to confer with HIM, about HIS, and HIS KINGDOMS affairs &c. being thereby abſolutely determined, without any hopes of revivall; the Parliament it ſelf muſt thereupon abſolutely be determined likewiſe (eſpecially to thoſe who have disinherited HIS HEIRS and SUCCESSORS, and voted down our Monarchy it ſelf) and theſe with all other Members of Parliament, ceaſe to be any longer Members of it, being made ſuch onelyonly by the King's abated Writ; even as all Judges, Juſtices of peace, and Sheriffs made onelyonly by the Kings Writ or Commiſſion, not by Letters Patents, ceaſe to be Judges, Juſtices and Sheriffs by the Kings death, for this very reaſon, becauſe they are conſtituted Juſticiarios & Vicecomites NOSTROS ad Pacem NOSTRAM &c. cuſtodiendam; and he being dead, and his Writs and Commiſſions expired by his death, they can be his Judges, Juſtices and Sheriffs no longer to preſerve HIS Peace, &c. (no more then a wife can be her deceaſed Husbands Wife, and bound to his obedience, from which ſhe was loſed by his death, Rom. 7.2.3.) And his Heirs and Succeſſors they cannot be, unleſſe he pleaſe to make them ſo by his new Writs or Commiſſions, as all our e4 Ed. 4.44. 1 E. 5.1. Brook Commiſſions. 19.21. & Officer, 25. Dyer. 165. Cook 7. Report. 30.31. 1 E. 6. c. 7. Daltons Juſtice of Peace. c. 3. p. 13. Lambert p. 71.Law-Books and Judges have frequently reſolved upon this very reaſon, which equally extends to Members of Parliament, as to Judges, Juſtices and Sheriffs, as is agreed in 4 E. 4.43.44. and Brooke, Office and Officer, 25. Therefore this Tax being cleerly impoſed not in, but out of, and after the Parliament ended by the Kings decapitation, and that by ſuch who were then no lawfull Knights, Citizens, Burgeſſes or Members of Parliament, but onelyonly private men, their Parliamentary Authority expiring with the King, it muſt needs be illegall, and contrary to all the fore-cited Statutes; as by the Convocations and Clergies Tax and Benevolence granted after the Parliament diſſolved in the yeer 1640, was reſolved to be by both Houſes of Parliament, and thoſe adjudged high Delinquents who had any hand in promoting it.
2. Admit the late Parliament ſtil in being, yet the Houſe of Peers, Earles and Barons of the Realm were no ways privy nor concentivg to this Tax, impoſed without, yea againſt their conſents in direct affront of their moſt ancient undubitable Parliamentary Right and Priviledges, (theſe Tax-maſters having preſumed to vote down and nul their very Houſe, by their new encroached tranſcendent power) as appears by the title and body of this pretended Act, intituled by them, An Act of THE COMMONS aſſembled in Parliament: Whereas the Houſe of Commons alone, though full and free, have no more lawful Authority to impoſe any tax upon the people, or make any Act of Parliament or binding Law without the Kings or Lords concurrence, then the man in the moon, or the convocation Anno 1640. after the Parliament diſſolved (as is evident by the expreſs words of the forecited Acts, the Petition of Right it ſelf; Acts, for the Trienniall Parliament; and againſt the proroging or diſſolving this Parliament, 17. Caroli: with all our printed Statutes, f14. R. 2. n. 15. 11. H. 4. n. 30. 13. H. 4. n. 25.Parliament Rolls, and g4 H. 7.18. b. 7. H. 7.14.16. 11. H. 7.27. Forteſcue c. 18 f. 20. Dyer 92. brook Parliament. 76.197. Cooks 4. Inſtitutes p. 25.Law-Books:) they neither having nor challenging the ſole Legiſlative power in any age; and being not ſo much as ſummoned to, nor conſtituting members of our hSee the Freeholders grand inqueſt, and my Plea for the Lords.ancient Parliaments (which conſiſted of the King and Spiritual and Temporal Lords, without any Knights, Citizens, or Burgeſſes as all our Hiſtories and Records atteſt) til 47 H. 3. at ſooneſt; they having not ſo much as a ſpeaker or Commons Houſe til after the beginning of King Edward the third his reign, as never preſuming to make or tender any Bils or Acts to the King or Lords, but Petitions only for them to redreſs their grievances and enact new Laws, til long after Rich. the ſeconds raign, as our Parliament Rolls, and the printed prologues to the Statutes of 1.4.5.9.10.20.23.36.37. and 50. Ed. 3. 1. Rich. 2.1.2.4.5.7.9.11.13. Hen. 4.1.2.3.4.8.9. Hen. 5.1.2.3.4.6.8.9.10.11.14.15.29.28.29.39. Hen. 6.1.4.7.8.12.17. 22. Ed. 4. and 1. Rich. 3. evidence (which run all in this form. At the Parliament holden &c. by THE ADVICE and AS SENT OF THE LORDS SPIRITUAL and TEMPORAL and at THE SPECIAL INSTANCE and REQUEST OF THE COMMONS OF THE REALM, (BY THEIR PETITIONS put ín the ſaid Parliament, as ſome Prologues have it.) Our Lord the King hath cauſed to be ordained, or ordained CERTAIN STATUTES &c.) where the adviſing and aſſenting to Lawes is appropriated to the Lords; the ordaining of them to the King; and nothing but the requeſting of, and petitioning for them both from King and Lords to the Commons, in whom the Legiſlative power principally if not ſolely reſided; as is manifeſt by the printed Prologue to the Statute of Merton. 20. Hen. 3. The Statute of Morteman. 7. Ed. 1. 31. Ed. 1. De Aſpertatis Religioſorum. Therefore this Tax impoſed by the Commons alone without King or Lords, muſt needs be void, illegal, and no ways obligatory to the ſubjects.
3. Admit the whole Houſe of Commons in a full and free Parliament had power to impoſe a Tax, and make an Act of Parliament for levying it without King or Lords; (which they never did nor pretended to in any age) yet this Act and Tax can be no ways obliging, becauſe not made and impoſed by a full and free Houſe of Commons, but by an empty Houſe, packed ſwayed, overawed by the chief Officers of the Army, who have preſumed by meer force and armed power, againſt law and without preſident, to ſeclude the Major part of the Houſe, (at leaſt 8 parts of 10) who by law and cuſtome are the Houſe it ſelf, from ſitting or voting with them, contrary to the Freedom and Priviledges of Parliament; readmitting none but upon their own termes. An uſurpation not to be paralleld in any age, deſtructive to the very being of Parliaments; iCooks 4. Inſtitues p. 1.Where all Members ex debito Juſticiae, ſhould with have equal Freedom meet and ſpeak their mindes: injurious to all thoſe Counties, Cities, Boroughs, whoſe Knights, Citizens and Burgeſſes are ſecluded, and to the whole Kingdom; yea contrary to all rules of reaſon, juſtice, policy, conſcience, and their own Agreement of the people, which inhibit the far leſſer part of any Councel, Court, or Committee, to over-ſway, ſeclude or forejudge the major number of their Aſſeſſors and fellow Members, over whom they can no wayes pretend the leaſt juriſdiction, it being the high way to uſher Tyranny and confuſion into all Councels and Realms to their utter diſſolution, ſince the King alone without Lords and Commons, or the Lords alone without King or Commons, may by this new device make themſelves an abſolute Parliament to impoſe Taxes and enact Lawes without the Commons, or any other forty or fifty Commoners meeting together without their companions do the like, as wel as this remnant of the Commons make themſelves a compleat Parliament without King, Lords, or their fellow Members, if they can but now or hereafter raiſe an Army to back them in it, as the Army doth thoſe now ſitting.
4. Suppoſe this Tax ſhould bind theſe Counties, Cities, and Buroughs, whoſe Knights, Citizens, and Burgeſſes ſat and conſented to it when impoſed, (though I dare ſware impoſed againſt the mindes and wills of all or moſt of thoſe they repreſent; (who by the kDeclaration Nov. 28. & 30. 1948.Armies new Doctrine, may juſtly queſtion and revoke their authority for this high breach of Truſt; the rather, becauſe the Knights and Burgeſſes aſſembled in the firſt Parliament of E. 3. rot. Parl. n. 8. Did all refuſe to grant a great extraordinary Subſidie then demanded of them (though not comparable to this) for the neceſſary defence of the Kingdom againſt Forraign enemies, till they had conferred with the Counties and Burroughs for which they ſerved, and gained their aſſents:) Yet there is no ſhadow of reaſon, Law, or Equity, it ſhould oblige any of the ſecluded Members themſelves, whereof I am one; or thoſe Counties, Cities, or Burroughs, whoſe Knights, Citizens, and Burgeſſes have been ſecluded or ſcared thence by the Armies violence, or ſetting Members illegall Votes for their ſecluſion; who abſolutely diſavow this Tax and Act as un-Parliamentary, illegall, and never aſſented to by them in the leaſt degree; ſince the only l39. Ed. 3.7. 4. H. 4.10. Brook Parlia. 26.40. Cook 4. Inſtit. p. 1.25.26. 1. Jac. ch. 1.reaſon in Law or equity, why Taxes or Acts of Parliament oblige any Member, County, Burrough, or Subject is, becauſe they are parties and conſenting thereunto either in proper perſon; or by their choſen Repreſentatives in Parliament; it being a received Maxime in all Laws, Quod tangit omnes, ab omnibus debet approbari. Upon which reaſon it is judged in our m49. Ed. 3.18, 19. 21. H. 7.4. Brooke cuſtoms 6.32.Law-books, That By-Laws oblige only thoſe who are parties, and conſent unto them, but not ſtrangers, or ſuch who aſſented not thereto. And (which comes fully to the preſent caſe) in 7 H. 6. 35. H. 6.34. Brooke Ancient Demeſne 20. & Parl. 17.101. It is reſolved, That Ancient Demeſne is a good plea in a Writ of Waſte upon the Statutes of Waſte, becauſe thoſe in Ancient Demeſne were not parties to the making of them, FOR THAT THEY HAD NO KNIGHTS NOR BURGESSES IN PARLIAMENT, nor contributed to their expences. And Judge Brook Parliament 101. hath this obſervable Note. It is most frequently found, that Wales and County Palatines, WHICH CAME NOT TO THE PARLIAMENT (in former times, which now they do) SHALL NOT BE BOUND BY THE PARLIAMENT OF ENGLAND: for ancient Demeſne is a good Plea in an action of waſt, and yet Ancient Demeſne is not excepted: and it is enacted, 2. Ed. 6. c. 28. that fines with Proclamation ſhall be in Cheſter, for that the former Statutes did not extend to it: and it is enacted, That a Fine and Proclamation ſhall be in Lancaſter. 5. & 6. E. 6. c. 26. And a Proclamation upon it a exigent is given by the Statute in Cheſter and Wales, 1. E. 6. c. 20. and by another Act to Lancaſter, 5. & 6. E. 6. c. 26. And the Statute of Juſtices of Peace extended not to Wales and the County Palatine; and therefore an Act was made for Wales and Cheſter, 27. H. 8. c. 5. who had Knights and Burgeſſes appointed by that Parliament for that and future Parliaments by Act of Parliament, 27. H. 8. cap. 26. ſince which they have continued, their wages being to be levyed by the Statute of 35. H. 8. c. 11. Now, if Acts of Parliament bound not Wales and County Palatines, which had anciently no Knights nor Burgeſſes in Parliament to repreſent them, becauſe they neither perſonally nor repreſentatively were parties and conſenters to them; much leſſe then can or ought this Leavie, Tax, and illegall Act to binde thoſe Knights, Citizens and Burgeſſes, or thoſe Counties, Cities and Burroughs they repreſented, who were forcibly ſecluded, or driven away from the Parliament by the confederacy, practice, or connivance at leaſt, of thoſe now ſitting, who impoſed this Tax, and paſſed this ſtrange Act; eſpecially, being for the ſupport and continuance of thoſe Officers, and that Army who trayterouſly ſeiſed and ſecluded them from the Houſe, and yet detain ſome of them Priſoners, againſt all Law and Juſtice. The rather, becauſe they are the far major part (above ſix times as many as thoſe that ſate and ſhut them out) and would no wayes have conſented to this illegall Tax, or undue manner of impoſing it, without the Lords concurrence, had they been preſent. And, I my ſelf, being both an unjuſtly impriſoned and ſecluded Member, and neither of the Knights of the County of Somerſet, where I live, preſent or conſenting to this Tax or Act, one or both of them being forced thence by the Army, I conceive neither my ſelf, nor the County where I live, nor the Burrough for which I ſerved, in the leaſt meaſure bound by this Act or Tax, but cleerly exempted from them, and obliged with all my might and power effectually to oppoſe them.
If any here object,Object. That by the cuſtome of Parliament 40 Members onelyonly are ſufficient to make a Commons Houſe of Parliament, and there were at leaſt ſo many preſent when this Tax was impoſed: Therefore it is valid and obligatory both to the ſecluded abſent Members, and the Kingdom.
I anſwer,Anſw. Firſt, That though regularly it be true, that forty Members are ſufficient to make a Commons Houſe to begin prayers, and buſineſſes of leſſer moment in the beginning of the day, till the other Members come, and the Houſe be full; yet forty were never in any Parliament reputed a competent number to grant Subſidies, paſſe, or record Bils, or debate or conclude matters of greateſt moment; which by the conſtant Rules and uſage of Parliament, were never debated, concluded, paſſed, but in a free and full Houſe, when all or moſt of the Members were preſent, as the Parliament Rolls, Journals, Modus tenendi Parliamentum, Sir Edward Cooks 4. Inſtitutes, p. 1.2.26.35.36. Cromptons Juriſdiction of Courts, f. 1. &c: 39. E. 3.7. Brook Parliament. 27. 1. Jacobi, c. 1. and the Records I have cited to this purpoſe in my Levellers levelled, my Plea for the Lords, and Memento, p. 10. abundantly prove beyond contradiction; for which cauſe the Members ought to be fined, and loſe their wages, if abſent without ſpecial Licence, as Modus tenendi Parliamentum, as 5. R. 2. Parl. 2. c. 4. 9. H. 8. c. 16. and A Collection of all Orders, &c. of the late Parliament, pa. 294.357. with their frequent ſummoning and fining abſent Members, evidence.
Secondly, Though forty Members onelyonly may peradventure make an Houſe in caſes of abſolute neceſſity, when the reſt through ſickneſſe, and publick or private occaſions, are volutarily or negligently abſent; and might freely repair thither to ſit or give their Votes if they pleaſed: yet forty Members never yet made a Commons Houſe by cuſtome of Parliament (there being never yet any ſuch caſe till now) when the reſt (being above four hundred) were forcibly ſecluded, or driven thence by an Army, through the practice or connivance of thoſe forty ſitting, of purpoſe that they ſhould not over nor counter-vote them; much leſſe an Houſe to ſequeſter or expell the other Members, or impoſe any Tax upon them. Till they ſhew me ſuch a Law, Cuſtom, or Preſident of Parliament (not to be found in any age) all they pretend is nothing to purpoſe, or the preſent caſe.
Thirdly, Neither forty Members, nor a whole Houſe of Commons were ever enough in any age, by the Cuſtom of Parliament or Law, of England, to impoſe a Tax, or make any Act of Parliament, without the King and Lords, us I have nSee my Plea for the Lords, and Levellers levelled.already proved; much leſſe after they ceaſed to be Members by the Parliaments diſſolution through the Kings beheading: Neither were they ever inveſted with any legall power to ſeclude or expell any of their fellow-Members (eſpecially, if duly elected) for any Vote wherein the Majority of the Houſe concurred with them, or differing in their conſciences and judgments from them; nor for any other cauſe, without the Kings and Lords concurrence (in whom the ordinary judicial power of the Parliament reſides) as I have undenyably proved by preſidents and reaſons in my Plea for the Lords, p. 47. to 53. and Ardua Regni, which is further evident by Clauſ. Dorſ. 7. R. 2. m. 27. and Mr. Seldens Titles of Honour, p. 737. Baronet Camoyes Caſe, diſcharged from being Knight of the Shire by the Kings Writ and Judgment, becauſe a Peer of the Realm; the practice of ſequeſtring and expelling Commons by their fellow-Commons onelyonly, being a late dangerous, unparliamentary uſurpation (unknown to our Anceſtors) deſtructive to the priviledges and freedom of Parliaments, and injurious to thoſe Counties, Cities, Burroughs, whoſe Truſtees are ſecluded; the Houſe of Commons it ſelf being no Court of Juſtice to give either an Oath or finall Sentence, and having no more Authority to diſmember their fellow-Members, then any Judges, Juſtices of Peace, or Committees have to diſ-judge, diſ-juſtice, or diſ-committee their fellow Judges, Juſtices and Committee-men, being all of equall authority, and made Members onelyonly by the Kings Writ and Peoples Election, not by the Houſes, or other Members Votes; who yet now preſume both to make and unmake, ſeclude and recall, expell and reſtore their fellow-Members at their pleaſure, contrary to the practice and reſolution of former ages, to patch up a factious Conventicle in ſtead of an Engliſh Parliament. Therefore this Objection no ways invalids this firſt Reaſon; why I neither can nor dare ſubmit to this illegall Tax in Conſcience, Law, or Prudence, which engage me to oppoſe it in all theſe reſpects.
Secondly, Should I voluntarily ſubmit to pay this Tax, and that by vertue of an Act of Parliament made by thoſe now ſitting, (ſome of whoſe Elections have been voted voyd; others of them elected by new illegall Writs under a new kind of Seal, ſince the Kings beheading, as the Earl of Pembroke, and Lord Edward Howard, uncapable of being Knights or Burgeſſes by the Common Law and Cuſtome of Parliament, being Peers of the Realm (if now worthy ſuch a Title) as was adjudged long ſince in the Lord Camoyes caſe. Clauſ. Dorſ. 7. R. 2. m. 32. and aſſerted by Maſter Selden in his Titles of Honour: part. 2. cha. 5. p. 737. Seconded by Sir Edward Cook in his 4. Inſtitutes. p. 1.4, 5, 46, 47, 49.) As I ſhould admit theſe lawfull Members, ſo I ſhould therby tacitly admit, & ex poſt facto aſſent to ſome particulars, againſt my knowledg, judgment, conſcience▪ Oaths of Supremacy, Allegiance, Proteſtation, and Solemn League and Covenant, taken in the preſence of Gyd himſelfe, with a ſincere heart and reall intention to perform… the ſame, and perſevere therein all the dayes of my life, without ſuffering my ſelfe directly or indirectly, by whatſoever Combination, perſwaſion or terrour to be withdrawne therefrom. As Firſt, That there may be and now is a lawfull Parliament of England actually in being and legally continuing after the Kings death, conſiſting only of a few late Members of the Commons Houſe, without either King, Lords or moſt of their fellow Commons: which the very Conſciences and judgments of all now ſitting, that know any thing of Parliaments, and the whole Kingdome if they durſt ſpeak their knowledg, know and beleeve to be falſe, yea againſt their Oaths and Covenant. Secondly, That this Parliament (ſo unduly conſtituted and packed by power of an Army combining with them) hath a juſt and lawfull Authority to violate the Priviledges, Rights, Freedoms, Cuſtomes, and alter the conſtitution of our Parliaments themſelves; impriſon ſeclude, expell moſt of their fellow Members for voting according to their conſciences; to repeal all Votes, Ordinances and Acts of Parliament they pleaſe, erect new Arbitrary Courts of war and Juſtice to arraign, condemn, execute the King himſelf, with the Peers and Commons of this Realm by a new kind of Martiall Law, contrary to Magna Charta, the Petition of Right, and Law of the Land▪ diſinherit the Kings Poſterity of the Crowne, extirpate Monarchy and the whole Houſe of Peers, change and ſubvert the ancient Government, Seals, Laws, Writs, Legall proceedings Courts, and coyne of the the Kingdome; ſell and diſpoſe of all the Lands, Revenues, Jewels, goods of the Crowne, with the Lands of Deans and Chapters, as they think meet; abſolve themſelves (like ſo many antichriſtian Popes) with all the Subjects of England and Ireland, from all the Oaths and engagements they have made TO THE KINGS MAJESTY, HIS HEIRS AND SUCCESSORS: yea, from their very Oath of Allegiance, notwithſtanding this expreſs clauſe in it (which I deſire may be ſeriouſly and conſcienciouſly conſidered by all who have ſworne it) I do …eleive and in Conſcience am reſolved, that neither the Pope, NOR ANY PERSON WHATSOEVER HATH POWER TO ABSOLVE ME OF THIS OATH, OR ANY PART THEREOF, which I acknowledge by good and full Authority to be lawfully miniſtred unto me, and DO RENOUNCE ALL PARDONS AND DISPENSATIONS TO THE CONTRARY: diſpenſe with our Proteſtations, Solemn League and Covenant, ſo lately zealouſly u…ged and injoyned by both Houſes on Members, Officers, Miniſters, and all ſorts of People throughout the Realme: diſpoſe of the Forts, Ships, Forces, Officers and Places of Honour, Power, Truſt or profit within the Kingdom to whom they pleaſe; to diſplace and remove whom they pleaſe from their Offices, Truſts, Penſions, Callings, at their pleaſures without any legall cauſe or tryall: to make what new Acts, Lawes, and reverſe what old ones they think meet, to inſnare inthrall our Conſciences, Eſtates, Liberties, Lives: to create new monstrous Treaſons never heard of in the world before; and declare reall treaſons againſt King, Kingdome, Parliament, to be no treaſons, and Loyalty, Allegiance, due obedience to our knowne Lawes, and conſciencious obſerving of our Oaths and Covenant (the breach whereof would render us actuall Traytors and pernicious perſons) to be no leſſe then High Treaſon, for which they may juſtly impriſon, diſmember, diſfranchiſe, diſplace and fine us at their wills (as they have done ſome of late) and confiſcate our perſons and lives to the Gallowes, and our eſtates to their new Exchequer; (a Tyranny beyond all Tyrannies ever heard of in our Nation, repealing Magna Charta, c. 29.5. E. 3. c. 6.25. Edw. 3. cap. 4.28. Ed. 3. c. 3.37. E. c. 18.42. E. 3. cap. 3.25. Ed. 3. cap. 2.11. R. 2. c. 4.1. H. 4 c. 10.2. H. 4. Rot. Par. 11. N. 60. 1. E. 6. c. 12.1 m. c. 1. The Petition of Right, 3 Caroli, and laying all our Laws, Liberties, Eſtates, Lives in the very duſt after ſo many bloody and coſtly years wars to defend them againſt the Kings invaſions) rayſe and keep up what force they will by Sea and Land, to impoſe what heavy Taxes they pleaſe, and renew, increaſe, multiply and perpetuate them on us as long as they pleaſe to ſupport their own encroached more then Regall, Parliamentall, Super-tranſcendent Arbitrary power over us, and all that is ours or the Kingdoms, at our private and the publique charge, againſt our wills, judgments, conſciences, to our abſolute enſlaving, and our three Kingdoms ruine, by engaging them one againſt another in new Civill wars, and expoſing us for a prey to our Forraign Enemies. All which with other particulars lately acted and avowed by the Impoſers of this Tax, by colour of that pretended Parliamentary Authority by which they have impoſed it, I muſt neceſſarily admit, acknowledge to be juſt and legall by my voluntary payment of it, of purpoſe to maintaine an Army to juſtify and make good all this, by the meer power of the Sword, which they can no wayes juſtify and defend by the Laws of God or the Realm, before any Tribunall of God or Men when legally arraigned as they ſhall one day be. Neither of which I can or dare acknowledge without incurring the guilt of moſt deteſtable Perjury, and Higheſt Treaſon, againſt, King Kingdom, Parliament, Laws and Liberties of the People: and therefore cannot yeeld to this Aſſeſſement.
Thirdly. The principall ends and uſes propoſed in the pretended Act and Warrants thereupon for payment of this Tax are ſtrong Obligations to me, in point of Conſcience, Law, Prudence, to withſtand it; which I ſhall particularly diſcuſſe.
The Firſt is, the maintenance and continuance of the preſent Army and forces in England under the Lord Fairfax. To which I ſay, Firſt, as I ſhall with all readineſſe, gratitude and due reſpect acknowledg their former Gallantry, good and faithfull Services to the Parliament and Kingdom, whiles they continued dutiful and conſtant to their firſt Engagements and the ends for which they were raiſed by both Houſes, as far forth as any man; ſo in regard of their monſtrous defections and dangerous Apoſtacy from their Primitive obedience, faithfulneſſe and engagements in diſobeying the Commands and levying open warre againſt both Houſes of Parliament, keeping an horrid force upon them at their very doors, ſeiſing, impriſoning, ſecluding, abuſing and forcing away their Members, printing and publiſhing many high and treaſonable Declarations againſt the Inſtitution, Priviledges, Members and Proceedings of the late, and being of all future Parliaments; impriſoning, abuſing, arraigning, condemning and executing our late King, againſt the Votes, faith, and engagements of both Houſes, and diſinheriting his Poſterity, uſurping the Regal, Parliamental, Magiſtratical and Eccleſiaſtical power of the Kingdom to their Generall Councel of Officers of the Army, as the ſupreme ſwaying Authority of the Kingdom, and attempting to alter and ſubvert the ancient Government, Parliaments, Laws and Cuſtoms of our Realm: And upon ſerious conſideration of the ordinary unſufferable Aſſertions of their Officers and Souldiers uttered in moſt places where they quarter, and to my ſelf in particular, ſundry times. That the whole Kingdom, with all our Lands, Houſes, goods, and whatſoever we have, is theirs, and that by right of conqueſt, they having twice conquered the Kingdom: That we are but their conquered ſlaves and Vaſſals, and they the Lords and Heads of the Kingdome: That our very lives are at their mercy and courteſie. That when they have gotten all we have from us by Taxes and Free-quarter, and we have nothing left to pay them, then themſelves will ſelfe upon our Lands as their own, and turn us and our Families out of doors. That there is now no Law in England (nor never was if we beleeve their lying Oracle Peters) but the ſword; with many ſuch like vapouring Speeches and diſcourſes, of which there are thouſands of witneſſes: I can neither in Conſcience, Law nor Prudence aſſent, much leſſe contribute in the leaſt degree, for their preſent maintenance, or future continuance, thus to inſult, inſlave, and tyrannize over King, Kingdom, Parliament, people at their pleaſure, like their conquered vaſſals. And for me in particular to contribute to the maintenance of thoſe, who againſt the Law of the Land, the priviledges of Parliament, and liberty of the Subject, pulled me forcibly from the Commons Houſe, and kept me priſoner about two months ſpace under their Martiall, to my great expence and prejudice, without any particular cauſe pretended or aſſigned, only for diſcharging my duty to the Kingdom, and thoſe for whom I ſerved in the Houſe, without giving me the leaſt reparation for this unparallell'd injuſtice, or acknowledging their offence (and yet detain ſome of my then fellow-Members under cuſtody by the meer power of the Sword without bringing them to tryall) would be not onelyonly abſurd, unreaſonable, and a tacite juſtification of this their horrid violence and breach of priviledge, but monſtrous, unnaturall, perfidious, againſt my Oath and Covenant.
2. No Tax ought to be impoſed on the Kingdom in Parliament it ſelf, but in caſe of neceſſity, for its common Good, as is cleer by the Stat. of 25. E. 1. c 6. and Cooks 2 Inſtit. p. 528. Now it is evident to me, that there is no neceſſity of keeping up this Army for the Kingdoms common Good, but rather a neceſſity of disbanding it, or the greateſt part of it, for theſe reaſons: 1. Becauſe the Kingdom is generally exhauſted with the late 7 years Wars, Plunders and heavie Taxes; there being more moneys levied on it by both ſides, during theſe eight laſt years, then in all the Kings Reigns ſince the Conqueſt, as will appear upon a juſt computation: all Counties being thereby utterly unable to pay it. 2. In regard of the great decay of Trade, the extraordinary dearth of cattel, corn, and proviſions of all ſorts; the charge of relieving a multitude of poor people, who ſtarve with famine in many places, the richer ſort eaten out by Taxes and Free-quarter, being utterly unable to relieve them. To which I might add the multitude of maimed Souldiers, with the widows and children of thoſe who have loſt their lives in the Wars, which is very coſtly. 3. This heavie Contribution to ſupport the Army, deſtroys all Trade, by fore-ſtalling and engroſſing moſt of the moneys of the Kingdom, the ſinews and life of Trade; waſting the proviſions of the Kingdom, and enhanſing their prices, keeping many thouſands of able men and horſes idle, only to conſume other labouring mens proviſions, eſtates and the publick Treaſure of the Kingdom, when as their imployment in their trades and callings, might much advance trading, and enrich the Kingdom. 4. There is now no viſible Enemy in the field or Gariſons, and the ſitting Members boaſt there is no fear from any abroad, their Navie being ſo Victorious. And why ſuch a vaſt Army ſhould be ſtill continued in the Kingdom to increaſe its debts and payments, when charged with ſo many great Arrears and debts already, eat up the Country with Taxes and Free-quarter, only to play, drink, whore, ſteal, rob, murther, quarrel, fight with, impeach and ſhoot one another to death as Traytors, Rebels and Enemies to the Kingdom and Peoples Liberties, as now the Levellers and Cromwelliſts do, for want of other imployments, and this for the publick good, tranſcends my underſtanding. 5. When the King had two great Armies in the Field, and many Gariſons in the Kingdom, this whole Army by its primitive Eſtabliſhment, conſiſted but of twenty two thouſand Horſe, Dragoons, and Foot, and had an Eſtabliſhment only of about forty five thouſand pounds a month for their pay; which both Houſes then thought ſufficient, as is evident by their oCollect. &c. pag. 599.…6.Ordinances of Febr. 15. 1644. and April 4. 1646. And when the Army was much increaſed without their Order, ſixty thouſand pounds a month was thought abundantly ſufficient by the Officers and Army themſelves to disband and reduce all ſuper-numeraries, maintain the Eſtabliſhed Army and Gariſons, and eaſe the Country of all Free-quarter; which Tax hath been conſtantly paid in all Counties. Why then this Tax to the Army ſhould now be raiſed above the firſt Eſtabliſhment, when reduced to twenty thouſand, whereof ſundry Regiments are deſigned for Ireland, (for which there is thirty thouſand pounds a month now exacted beſides the ſixty for the Army) and this for the common good of the Realm, is a riddle unto me, or rather, a Myſtery of iniquity, for ſome mens private lucre, rather then the publick weal. 6. The Militia of every County (for which there was ſo great conteſt in Parliament with the late King) and theſe perſons of livelihood and eſtates in every Shire or Corporation who have been cordiall to the Parliament and Kingdom heretofore, put into a poſture of defence under Gentlemen of quality and known integrity, would be a far better Guard to ſecure the Kingdom againſt forraign Invaſions or domeſtick Inſurrections, then a mercinary Army of perſons and ſouldiers of no fortunes, and that with more generall content, and the tenth part of that charge the Kingdom is now at to maintain this Army, and prevent all danger of the undoing peſt of Free-quarter. Therefore there is no neceſſity to keep up this Army, or impoſe any new Tax for their maintenance, or defraying their pretended arrears, which I dare averr, the Free-quarter they have taken in kinde, and levied in money, if brought to a juſt account, as it ought, will double if not treble moſt of their Arrears, and make them much indebted to the Country. And no reaſon they ſhould have full pay and Free-quarter too, and the Country bear the burthen of both, without full allowance of all the quarters levied or taken on them againſt Law, out of their pretended arrears.
And if any of the ſitting Tax-makers here object,Object. That they dare not truſt the Militia of the Cities and Counties of the Realm with their own or the Kingdoms defence: Therefore there is a neceſſity for them to keep the Army, to prevent all dangers from abroad, and Inſurrections at home.
I anſwer,Anſ. 1. That upon theſe pretences theſe new Lords may intail and enforce an Army, and Taxes to ſupport them, on the Kingdom till Dooms-day 2. If they be reall Members who make this objection, elected by the Counties, Cities and Burroughs for which they ſerve, and deriving their Parliamental Authority onelyonly from the people (the only new fountain of all Power and Authority, as themſelves now dogmatize) then they are but the Servants and Truſtees, who are to allow them wages, and give them Commiſſion for what they act. And if they dare not now truſt the people, and thoſe perſons of quality, fidelity, and eſtate, who both elected, intruſted and impowred them, and are the primitive and ſupreme Power; it is high time for their Electors and Maſters the people, to revoke their authority and truſts, and no longer to truſt thoſe with their purſes, liberties, ſafety, who dare not now to confide in them, and would rather commit the ſafeguard of the Kingdom to mercinary, indigent ſoudiers, then to thoſe Gentlemen, Free-holders, Citizens, Burgeſſes, and perſons of Eſtate who elected them, whoſe Truſtees and Attourneys only they profeſſe themſelves, and who have greateſt intereſt both in them and the Kingdoms weal, and thoſe who muſt pay theſe Mercinaries, if continued. 3. The Gentlemen and Free-men of England have very little reaſon any longer to truſt the Army with the Kingdoms, Parliaments, or their own Liberties, Laws and Priviledges ſafeguard, which they have ſo oft invaded; profeſſing now that they did not fight to preſerve the Kingdom, King, Parliament, Laws, Liberties and Properties of the Subject; but to conquer and pull them down, and make us conquered ſlaves in ſtead of free-men: averring, that all is theirs by conqueſt. And if ſo, then this Army is not, cannot be upheld and maintained for the Kingdoms and peoples common good and ſafety, but their enſlaving, deſtruction, and the meer ſupport of the uſurped Power, Authority, Offices, Wealth, and abſolute Domination only of thoſe who have exalted themſelves for the preſent above King, Parliament, Kingdom, Laws, Liberties, and thoſe that did intruſt them, by the help of this truſt-breaking Army, who have ſtained all the glory of their former Noble Victories and Heroick Actions, by their late degenerous unworthy practices, and are become a reproach to the Engliſh Nation in all Chriſtian Kingdoms and Churches.
The ſecond end of this heavie Tax, is the ſupport and maintenance of the Forces in Ireland, for which there was onelyonly twenty thouſand pounds a month formerly allowed, now mounted unto thirty thouſand.
To which I anſwer in the firſt place, That it is apparent by the printed Statutes of 25. E. 1. c. 6. 1 E. 3. cap. 5.7. 18. E. 3. c. 7. 25. E. 3. c. 8. 4. H. 4. cap. 13. Cooks 2 Inſtitutes p. 528. and the Proteſtations of all the Commons of England in the Parliaments of 1 H. 5. nu. 17. and 7. H. 5. n. 9. That no freeman of England ought to be compelled to go in perſon, or to finde Souldiers, Arms, Conduct-money, Wages, or pay any Tax for or towards the maintenance of any forreign War in Ireland, or any other parts beyond the Sea, without their free conſents in full Parliament. And therefore this Tax to maintain Souldiers and the War in Ireland (neither impoſed in Parliament, much leſſe in a full and free one, as I have proved) muſt needs be illegall, and no ways obligatory to me, or any other. 2. Moſt of the ancient Forces in Ireland (as the Brittiſh Army, Scots, and Inchiqueen's) towards whoſe ſupport the twenty thouſand pounds a month was deſigned, have been ever ſince declared Rebels, Traytors, Revolters, and are not to ſhare in this Contribution: and thoſe now pretending for Ireland, being members of the preſent Army and to be paid out of that Eſtabliſhment, there is no ground at all to augment, but decreaſe this former monthly Tax for Ireland, over what it was before. 3. Many of thoſe now pretending for Ireland, have been the greateſt obſtructers of its relief heretofore: and many of thoſe deſigned for this Service by lot, have in words, writing, and print proteſted they never intend to go thither, and diſſwade others from going, yet take free-quarter on the Country and pay too under that pretext. And to force the Country to pay Contribution and give Free-quarter to ſuch Cheaters and Impoſtors, who never intend this Service, is both unjuſt and diſhonourable. 4. If the Relief of Ireland be now really intended, it is not upon the firſt juſt and pious grounds, to preſerve the Proteſtant party there from the forces of the bloody Popiſh Iriſh Rebels, with whom (if report be true) theſe ſitting Anti-Monarchiſts ſeek and hold correſpondence, and are now actually accorded with Owen Ro-Oneal and his party of blodieſt Papiſts; but to oppoſe the Kings intereſt and title to that Kingdome, and the Proteſtant remaining party there adhering to and proclaiming, acknowledging him for their Soveraign; leaſt his gaining of Ireland ſhould prove fatall to their uſurped ſoveraignty in England, or conduce to his enthroning here: And by what Authority theſe now ſitting can impoſe, or with what conſcience any loyall Subject who hath taken the Oaths of Supremacy, Allegiance, and Covenant can voluntarily pay any contribution to deprive the King of his hereditary right & undoubted Title to the Kingdoms and Crowns of England & Ireland and alter the frame of the ancient Government & Parliaments of our KingdomspSee a Collection p 94, 95 99 698.700.877, 878. Remonſtrated ſo often againſt by both Houſes, and adjudged High Treaſon in Canterburies and Strafffords caſes, for which they were beheaded and by themſelves in the Kings own caſe, whom they decolled likewiſe) without incurring the guilt of Perjury and danger of High Treaſon, to the loſſe of his life and eſtate, by the very laws and ſtatuts) yet inforce, tranſcends my underſtanding to conceive: VVherfore I neither can nor dare in conſcience, law or prudence ſubmit to this contribution.
Fourthly. The coercive power and manner of levying this contribution, expreſſed in the Act, is againſt the Law of the Land, and Liberty of the Subject, which is threefold.
Firſt, Diſtreſſe and ſale of the goods of thoſe who refuſe to pay it; with power to break open their Houſes (which are their Caſtles) doores, cheſts, &c. to diſtrain; which is againſt Magna Charta. cap. 29. The Petition of Right; The Votes of both Houſes in the caſe of Ship-mony, 1 R. 2. c. 3. and the reſolution of our Judges and Law-books. 13. Ed. 4.9.20. E. 4.6. Cook. 5. Report. f. 91.92. Semaines caſe, & 4. Inſt. p. 176, 177.
Secondly, Impriſonment of the body of the party till he pay the contribution, being contrary to Magna charta; The Petition of Right, The reſolution of both Houſes in the Parliament of 3 Caroli in the caſe of Loanes; and 17 Caroli, in the caſe of Ship-mony, the judgment of our Judges and Law-Books collected by Sir Edward Cook in his 2 Insti. p. 46. &c. and the Statu. of 2 H. 4. Rot. Par. n. 6. unprinted, but moſt expreſſe in point.
Thirdly, Levying of the contribution by ſouldiers and force of arms, in caſe of reſiſtance, and impriſoning the perſon by like force: adjudged High Treaſon in the caſes of the Earl of Strafford, and a levying of war within the Statute of 25. Ed. 3. by the late Parliament, for which he loſt his head: and ſo proved to be at large by Maſter St. Iohn in his Argument at Law at the paſſing the Bill for his attainder, Printed by Order of the Commons Houſe.
Fourthly, (Which heightens the illegality of theſe illegall means of levying it) if any perſon whoſe goods are deſtrained, or perſon impriſoned for this illegall tax, ſhall bring his Action at Law, or an Habeas corpus for his relief. The Committee of Indempnity will ſtay his legall proceedings, award coſt againſt him; and commit him a new till he pay them, and releaſe his ſuits at Law, and upon an Habeas corpus, their own Sworn Judges created by them, dare not bayle but remaund him againſt Law. An oppreſſion and Tyranny, far exceeding the worſt of the Beheaded Kings; under whom the Subjects had Free-Liberty to ſue and proceed at Law both in the caſes of Loanes, Shipmony and Knighthood, without any Councel-Table, Committee of Indempnity to ſtop their ſuits, or inforce them to releaſe them; and therefore in all theſe reſpects (ſo repugnant to the Laws and Liberty of the Subject) I cannot ſubmit to this illegall Tax, but oppugn it to the utetrmoſt, moſt invaſive on our Laws and Liberties, that ever was.
Fifthly, The time of oppoſing this illegall Tax, with theſe unlawfull ways of levying it, is very conſiderable and ſticks much with me; it is (as the Impoſers of it declare and publiſh in many of their new kind of Acts and devices) in the first yeare of Englands Liberty, and redemption from thraldom. And if this unſupportable Tax, thus illegallly to be levied, be the firſt fruits of our firſt years Freedom, and redemption from thraldom, how great may we expect our next years thraldome will be, when this little finger of theirs is heavier by far then the Kings whole loynes, whom they beheaded for Tyranny and Oppreſſion?
Sixthly, The Order of this Tax (if I may ſo term a diſorder) or rather newneſſe of it, engageth me, and all lovers of their Countries Liberty, unanimouſly to withſtand the ſame. It is the firſt, I finde, that was ever impoſed by any who had been Members of the Commons Houſe after a Parliament diſſolved; the Lords Houſe voted down, and moſt of their fellow-Commoners ſecured or ſecluded by their connivance or confederacy with an undutiful Army. VVhichWhich if ſubmitted to, and not oppoſed as illegall, any forty or fifty Commoners, who have been Members of a Parliament, gaining Forces to aſſiſt and countenance them, may out of Parliament now, or any time hereafter, do the like, and impoſe what Taxes and Laws they pleaſe upon the Kingdom, and the ſecluded Lords and Commons that once ſate with them, being incouraged thereto by ſuch an unoppoſed precedent. VVhichWhich being of ſo dangerous conſequence and example to the conſtitution and priviledges of Parliament, and Liberties of the people, we ought all to endeavour the cruſhing of this new Cockatrice in the ſhell, leſt it grow to a fiery Serpent, to conſume and ſting us to death, and induce the Impoſers of it, to lade us with new and heavie Taxes of this kinde, when this expires (which we muſt expect, when all the Kings, Biſhops, Deans and Chapters Lands are ſold and ſpent) if we patiently ſubmit to this leading Decoy; ſince qMatt. Paris, p. 517.Bonus Actus inducit conſuetudinem, as our Anceſtors reſolved, Anno 1240. in the caſe of an univerſall Tax, demanded by the Pope; whereupon they all unanimouſly oppoſed it at firſt;
rOvid. de Remed. Amo…is.Opprime dum nova ſunt ſubiti mala ſemina morbi:
Principiis obſta; ſerò medicina paratur
Cum mala per longas invaluere moras,
being the ſafeſt rule of State-phyſick we can follow in ſuch new deſperate Diſeaſes which endanger the whole Body-politick. Upon which grounds the moſt conſciencious Gentlemen and beſt Patriots of their Country oppoſed Loans, Ship money, Tonnage, Poundage, Knighthood, and the like late illegall Impoſitions of the King and his Councell in the very beginnings of them, and thought themſelves bound in Conſcience, Law, Prudence ſo to do, though there were ſome colourable reaſons and precedents of former times pretended to countenance them. And if theſe VVorthies conceived themſelves thus obliged to oppoſe thoſe illegall Impoſitions of the King and his Councel, though countenanced by ſome Judges opinions as legall, to their immortall honour, and high eſteem both in Country and Parliament, who applauded them as the principal maintainers of their Countries Liberties; then much more ought I, and all other tenderers of their own and Countries Freedom, to oppoſe this illegall dangerous Contribution impoſed on us by a few fellow-Subjects only, without, yea againſt all Law or Precedent to countenance it, being of greater conſequence, and worſer example to the Kingdom, then all or any of the Kings illegall projects or Taxes.
Seventhly, the exceſſiveneſſe of this Tax, much raiſed and encreaſed, when we are ſo exhauſted, and were promiſed and expected eaſe from Taxes, both by the Army in their Remonſtrance, November 20. 1648. and by the Impoſers of it, amounting to a ſixt part, if not a moiety of moſt mens eſta…es, is a deep Engagement for me to oppoſe it; ſince Taxes, as well as sMag. Chart. c. 14. 14. E. 3. c. 6. Cook 2. Inſtit. pag. 26.27.169.170.Fines and Amerciaments ought to be reaſonable; ſo as men may ſupport themſelves and their Families, and not be undone, as many will be by this, if forced to pay it by Diſtreſſe or Impriſonment. Upon this ground, in the Parliaments of 1 & 4 Edward the Third we find divers freed from payment of Tenths, and other Taxes lawfully impoſed by Parliament, becauſe the People were impoveriſhed and undone by the Warres, who ought to pay them. And in the printed Statutes of 31 Henr. 6. c. 8. 1 Mariae c. 17. to omit others, we find Subſidies mitigated and releaſed by ſubſequent Acts of Parliament, though granted by precedent, by reaſon of the peoples poverty and inability to pay them. Yea, ſomtimes we read of ſomething granted them by the King, by way of aide, to help pay their Subſidies, as in 25. E. 3. Raſtal, Tax 9. & 36 E. 3. c. 14. And for a direct preſident in point: When tMatt. Paris, p. 516.Peter Rubie the Pope's Legat in the year 1240. exacted an exceſſive unuſuall Tax from the Engliſh Clergie; the whole Clergy of Berk-ſhire (and others) did all and every of them unanimouſly withſtand it, tendring him divers reaſons in writing of their refuſall, pertinent to our time and preſent Tax; whereof this was one, That the Revenues of their Churches ſcarce ſufficed to finde them daily food, both in regard of their ſmalneſſe, and of the preſent dearth of Corne; and becauſe there were ſuch multitudes of poore people to relieve, ſome of which dyed of Famin, ſo as they had not enough to ſuffice themſelves and the poore. Whereupon THEY OƲGHT NOT TO BE COMPELLED TO ANY SƲCH CONTRIBƲTION: which many of our Clergy may now likewiſe plead moſt truly, whoſe Livings are ſmall, and their Tythes detained; and divers people of all ranks and callings, who muſt ſell their ſtocks, beds, and all their houſhold-ſtuffe, or rot in priſon, if forced to pay it.
Eightly, the principall inducement to bring on the payment of this Tax, is a promiſe of taking off the all-devouring and undoing Grievance of Free-quarter: which hath ruined many Countreys and Families, and yet they muſt pay this heavy Tax to be eaſed of it for the future, inſtead of being paid and allowed for what is already paſt, according to uA Collection, &c. pag. 771.former engagements. Againſt which I have theſe juſt exceptions.
1. That the taking of Free-quarter by Soldiers in mens Houſes, is a grievance againſt the very Common-Law it ſelf, which defines every mans Houſe to be his Caſtle and Sanctuary, into which none ought forcibly to enter againſt his will; and which with his goods therein he may lawfully xSee Cook, 5. Report. fol. 91, 92. Semans Caſe. 7 Rep. Sendels caſe. Lambert f. 179. Daltons Juſtice of Peace, 224. 24 H. 8. c. 5fortifie and defend againſt all intruders whatſoever, and kill them without any danger of Law: Againſt all the Statutes concerning ySee Raſtal Title Purveyers.Purveyers, which prohibit the taking of any mens goods or proviſions againſt their wills, or paiment for them under pain of Felony, though by Commiſſion under the great Seal of England. Againſt the expreſſe Letter and Proviſion of the Petition of RIGHT, 3. Caroli. Condemned by the Commons Houſe in their zAn exact Collection, p. 7Declaration of the ſtate of the Kingdome of the 15. December, 1641, and charged as an Article against King Richard the ſecond when depoſed, in the Parliament of 1 H. 4 nu. 22. Yea, it is ſuch a Grievance, as expoſeth the houſes, goods, proviſions, moneys, ſervants, children, wives, lives, and all other earthly comforts we enjoy, to the luſts and pleaſure of every domineering Officer, and unruly common Souldier. And to impoſe an unjuſt, heavy Tax, and induce people to pay it upon hopes of freeing them from Free-quarter, is but to impoſe one grievance to remove another.
2. There have been many promiſes, Declarations and Orders of both Houſes and the Generall, for taking off Free quarter heretofore, upon the peoples paying in their Contributions before-hand, as now: and then none ſhould Free-quarter on them, under pain of death; Yet no ſooner have they pay'd in their Contribution, but they have been freequartered on as much or more then formerly: the Souldiers, when we tell them of any Orders againſt Freequarter, ſlighting them as ſo many waſt papers, and carrying themſelves more unruly: And when complaint thereof hath been made to the Officers, Members, or the Committee for the Army, or in the Houſe; anſwer hath ſtill been made, That as long as there is an Army on foot, there will be freequarter taken, and there can be no prevention of it, there being a neceſſity of it: and when any have craved allowance of it, they have found ſo many put-offs and delayes, and ſuch difficulties in obtaining it, that their expences have equalled their allowance; and after allowances made, the moneys allowed have been called for again. So as few have had any allowance for quarters, and given over ſuing for them, being put to play an after-game to ſue for them after all their contributions firſt paid, and not to deduct them out of their Contributions, which they are ſtill put to do. This pretext therefore of taking away Free-quarter, is but a ſhoo-horn to draw on the payment of this Tax, and a fair pretext to delude the People, as they finde by ſad experience every-where, and in the County and Hundred where I reſide. For, not to look back to the laſt yeers free-quarter taken on us (though we daily paid our Contributions,) In April and May laſt paſt, ſince this very Tax impoſed for taking away Free-quarter, Colonel Harriſons Troopers under the command of Captain Spencer, (who quartered ſix days together in a place, and exacted and received moſt of them 3 s. others 3 s. 6 d. and the leaſt 2 s. 6 d. a day for their Quarters, telling their Landlords, that their Lands, and the whole Kingdom was theirs) have put Bathwick, Bathford, Claverton, Combe, Hampton, Toustock, Walcot and Wedcombe, ſmall pariſhes in our Hundred and Liberty, as they will prove upon Oath, and given it me under their hands, to 94 li. 4 s. 3 d. charge; beſide what quarters in other pariſhes of the Hundred Sir Hardreſſe Wallers Souldiers upon pretext of collecting arrears of Contribution not due from the hundred, put it to at leaſt 30 l. charge more for free-quarter, they being very rude and diſorderly; and no ſooner were we quit of them: but on the 22 and 23 of May laſt, Col. Hunks his Foot under the conduct of Captain Flower and Captain Eliot pretending for Ireland, but profeſſing they never intended to go thither, marching from Minehead and Dunſter (the next Weſterne Ports to Ireland further from it to oppreſſe the Country, put Bathwick, Langridge, Witty, Batheaſton, Eutherin and Ford to 28 l. 7 s. and Swainſwicke, where I live, to about 20 l. expences for three dayes Freequarter (by colour of the Generals Order dated the firſt of May) being the rudeſt and deboiſteſt in all kinds, that ever quartered ſince the Warrs, and far worſe then the worſt of Goring's men, whereof ſome of them were the dreggs; and their Captain Flower, a Cavalier heretofore in arms (as is reported) againſt the Parliament. Their carriage in all places was very rude, to extort money from the people, drawing out their ſwords, ranſacking their houſes, beating and threatning to kill them, if they would not give them two ſhillings ſix pence, three ſhillings, three ſhillings ſix pence, or at leaſt two ſhillings a day for their quarters, which when extorted from ſome, they took free-quarter upon others, taking two, three, and ſome four quarters a man: At my houſe they were moſt exorbitant, having (as their Quarter-Maſter told me, who affirmed to me they had twice conquered the Kingdom, and all was theirs) directions from ſome great ones above, from ſome others in the Country (intimating ſome of the Committee) and their own Officers (who abſented themſelves purpoſely, that the Souldiers might have none to controll them) to abuſe me. In purſuance whereof ſome thirty of them coming to my houſe, ſhouting and hollowing in a rude manner on May 22, when their Billet was but for twenty, not ſhewing any Authority, but only a Ticket, [Mr. Prynne— 20] climbed over my walls, forced my doors, beat my ſervants and workmen without any provocation, drew their ſwords upon me (who demanded whoſe Souldiers they were, by what authority they demanded free-quarter, my houſe being neither Inne, nor Alehouſe; and Free quarter againſt Law and Orders of Parliament, and the Generals) uſing many high provoking Speeches, brake ſome of my windows, forced my ſtrong-beer cellar door, and took the key from my ſervant, ranſacked ſome of my chambers under pretext to ſearch for Arms, taking away my ſervants clothes, ſhirts, ſtockings, bands, cuffs, handkerchiefs, and picking the money out of one of their pockets; hollowed, roared, ſtamped, beat the Tables with their Swords and Muskets like ſo many Bedlams, ſwearing, curſing, and blaſpheming at every word; brake the Tankards, Bottles, Cups, Diſhes wherein they fetched ſtrong beer againſt the ground, abuſed my maid-ſervants, throwing Beef & other good proviſions at their heads, and caſting it to the dogs, as no fit meat for Souldiers, and the Heads and Conquerors of the Kingdom, as they called themſelves; ſearched the out-houſes for Turkies, which they took from their eggs and young ones, Veal and Mutton being not good enough for them: They continued drinking and roaring before, at, and after Supper, till moſt of them were mad-drunk, and ſome of them dead-drunk under the Table. Then they muſt have 14 beds provided for them (for they would lie but two in a bed) and all their linnen waſhed: My Siſter anſwering them, that there were not ſo many beds in the houſe, and that they muſt be content as other Souldiers had been, with ſuch beds as could be ſpared; they thereupon threatned to force open her chamber door, and to pull her and her children out of their beds, unleſſe ſhe would give them three ſhillings a peece for their beds, and next dayes quarters; and at laſt forced her for fear of their violence (being all drunk) to give them eighteen pence a piece, aſſoon as they were forth of doors, and ſix pence a peece the next day, if they marched not; whereupon they promiſed to trouble the Houſe no more. Upon this agreement all but eight (who were gone to bed) departed that night, and the reſt the next morning. But I going to the Lecture at Bath, ſome thirty of them in my abſence came about ten of the clock, notwithſtanding the moneys received of my Siſter for their Quarters, re-entered the houſe, and would have Quarters again, unleſſe ſhe would give them three ſhillings a peece; which ſhe refuſing, they thereupon abuſed and beat the ſervants and workmen, forced them to drink with them all that day and night, ſwearing, curſing, roaring like ſo many Furies and Divels, brake open my Parlour, Milk-houſe, and Garden-doors, abuſed my Pictures and brake an hole in one of them; hacked my Table-boards with their ſwords from one end to the other, threw the chairs, ſtools, meat, drink about the houſe; aſſaulted my Siſter, and her little children and Maid-ſervants with their naked ſwords, threatning to kill them, and kick them to gelly, ſhot at them with their Muskets, forced them out of the Houſe to ſave their lives: which I hearing of, repaired to my houſe, and finding them all ſo Bedlam mad, and that they would not hearken to any reaſon, nor be quieted, I thereupon rode to ſeek their Captain and Officers at Bath, who purpoſely abſented themſelves; and not finding them till the next morning, I acquainted the Captain then, (as I had done the firſt night by Letter) with all theſe unſufferable outrages of his Souldiers (contrary to the Generals Orders to carry themſelves civilly in their quarters, and abuſe none in word or deed) which would render him and them odious, not onelyonly to the Country and Kingdom, but all Officers and Souldiers who had any civility in them, and be a diſparagement to the Generall, by whoſe Proclamation he ought to be preſent with his Company to keep them in good order, under pain of caſhiering: And therefore I expected and required Juſtice and Reparations at his hands; the rather, becauſe I was informed by ſome of his own Souldiers and others, that they had not been ſo barbarouſly rude, but by his incouragement, which if he refuſed, I ſhould complain of him to his Superiours, and right my ſelf the beſt way I might. After ſome expoſtulations, he promiſed to make them examples, and caſhier them, and remove them forthwith from my houſe: But the onelyonly right I had, was, that more of his company repaired thither, making all the ſpoil they could, and taking away ſome braſſe and Pewter, continuing there till neer four of the clock; and then marched away onelyonly out of fear I would raiſe the Country upon them; many of whom profered me their aſſiſtance; but I deſired them to forbear till I ſaw what their Officers would do; who in ſtead of puniſhing any of them, permitted them to play the like Rex almoſt in other places where they quartered ſince, marching but three or four miles a day, and extorting what moneys they could from the Country by their violence and diſorders. Now, for me or any other to give moneys to maintain ſuch deboiſt Bedlams and Beaſts as theſe (who boasted of their villanies and that they had done me at leaſt twenty pounds ſpoil in Beer and Proviſions, drinking out five barrels of good ſtrong Beer, and waſting as much meat as would have ſerved an hundred civill perſons) to be Maſters of our Houſes, Goods, Servants, Lives, and all we have, to ride over our heads like our Lords and Conquerours, and take Free quarter on us, amounting to at leaſt a full yeares contribution, without any allowance for it, and that ſince the laſt Orders againſt Free-quarter, and warrants for paying in this Tax to prevent it for the future, iſſued; is ſo far againſt my reaſon, Judgement and conſcience, that I would rather give all away to ſuppreſs, diſcard them, or caſt it into the fire then maintain ſuch graceleſs wretches with it to diſhonour God, enſlave, conſume, ruine the Country and Kingdome; who every where complain of the like inſolences; and of taking free quarter ſince the 9 of June, as above two hundred of Colonel Coxe his men did in Bath the laſt Lords day; who drew up in a body about the Majors Houſe, and threatned to ſeiſe and carry him away priſoner for denying to give them free quarter, contrary to the New Act for aboliſhing it. Laſtly this pretended Act implies, that thoſe who refuſe to pay this contribution without diſtreſs or impriſonment ſhall be ſtil oppreſſed with freequarter: And what an height of oppreſſion and injuſtice this will prove not only to diſtrain & impriſon thoſe who cannot in conſcience, Law or prudence ſubmit to this illegall Tax, but likewiſe to undoe them by expoſing them to free-quarter, which themſelves condemne as the heighſt peſt and oppreſſion; let all ſober men conſider; and what reaſon I and others have to oppoſe ſuch a dangerous deſtructive preſident in its firſt appearing to the world.
Ninethly, The principal end of impoſing this Tax to maintain the Army and forces now raiſed, is not the defence and fafety of our ancient and firſt Chriſtian Kingdom of England, its Parliaments, Laws, Liberties, and Religion, as at firſt, but to diſinherit the King of the Crown of England, Scotland, and Ireland, (to which he hath an undoubted right by common and Statute Law; as the Parliament of 1 Jacobi. ch. 1. reſolves) and to levy war againſt him to deprive him of it: To ſubvert the ancient Monarchical Government of this Realm, under which our Anceſters have always lived and flouriſhed, to ſet up a New republick, the oppreſſions and greivances whereof we have already felt (by increaſing our Taxes, ſetting up arbitrary Courts and Proceedings to the taking away of the lives of the late King, Peers, and other Subjects againſt the Fundamental Laws of the Land, creating new monſtrous Treaſons never heard off in the world before, and the like) but cannot yet enjoy or diſcern the leaſt eaſe or advantage by it; To overthrow the ancient conſtitution of the Parliaments of England, conſiſting of King, Lords, and Commons, and the Rights, and Priviledges thereof. To alter the fundamental Laws, Seales, Courts of Juſtice of the Realm, and introduce an arbitrary Government at leaſt, if not Tyrannical, contrary to our Lawes, Oathes, Covenant, Proteſtation, aSee an Exact collection: and a collection of publick Orders and p. 99.698.700.877.878.publick Remonſtrances and Engagements to the Kingdom and forraign States, not to change the Government, or attempt any of the premiſes. All which being no leſs then High Treaſon by the Laws and Statutes of the Realm, (as Sir Edward Cook in his 4 Inſtitutes ch. 1. and Mr. St. John in his Argument at Law, upon paſſing the bill of Attainder of the Earl of Strafford (both printed by the Commons ſpecial order) have proved at large by many preſidents, Reaſons, Records; and ſo adjudged by the laſt Parliament in the caſes of Strafford and Canterbury, who were condemned and executed as Traytors by judgement of Parliament, and ſome of theſe now ſitting, but for ſome of thoſe Treaſons, upon obſcurer Evidences of guilt, then are now viſible in others:) I cannot, without incurring the Crime and Guilt of theſe general High Treaſons, and the eternal, if not temporal puniſhments incident thereunto, if I ſhould voluntarily contribute ſo much as one peny or farthing, towards ſuch Treaſonable and diſloyal ends as theſe, againſt my Conſcience, Law, Loyalty, duty, and all my Oathes and obligations to the contrary.
Tenthly, The payment of this Tax for the premiſed purpoſes, will (in my poor judgment and conſcience) be offenſive to God and all good men, ſcandalous to the Proteſtant Religion, diſhonourable to our Engliſh Nation, and diſadvantagious and deſtructive to our whole Kingdom, hindering the ſpeedy ſettlement of our Peace, the re-eſtabliſhment of our Laws and Government, eſtabliſhing of our Taxes, disbanding of our Forces, revivall of our decayed Trade, by the renewing and perpetuating our bloudy uncivill Warrs; engaging Scotland, Ireland, and all forreign Princes and Kingdoms in a juſt War againſt us, to avenge the death of our late beheaded King, the diſ-inheriting of his poſterity, and reſtore his lawfull Heirs and Succeſſors to their juſt, undoubted Rights, from which they are now forcibly ſecluded; who will undoubtedly moleſt us with continuall Warrs (what-ever ſome may fondly conceit to the contrary) till they be ſetled in the Throne in peace upon juſt and honorable terms, and inveſted in their juſt poſſeſſions. And therefore I can neither in conſcience, piety nor prudence, enſnare my ſelf in the guilt of all theſe dangerous conſequences, by any ſubmiſſion to this illegall Tax.
Upon all theſe weighty Reaſons, and ſerious grounds of Conſcience, Law, Prudence, (which I humbly ſubmit to the Conſciences and Judgments of all conſcientious and Judicious perſons, whom they do or ſhall concern) I am reſolved by the aſſiſtance and ſtrength of that Omnipotent God (who hath miraculouſly ſupported me under, and carried me through all my former ſufferings for the Peoples publick Liberties with exceeding joy, comfort, and the ruine of my greateſt enemies and Oppoſers) to oppugne this unlawfull Contrbution, and the payment of it to the uttermoſt, in all juſt and lawfull wayes, I may; And if any will forcibly levie it by diſtreſſe or otherwiſe, without Law or Right (as Theeves and Robbers take mens goods and Purſes) let them doe it at their own utmoſt perill. And I truſt God and men will in due ſeaſon doe me juſtice, and award me recompence for all the injuries in this kinde, and any ſufferings for my Countries Liberties. How-ever, fall back, fall edge, I would ten thouſand times rather loſe life, and all I have, to keep a good conſcience, and preſerve my native Liberty, then part with one farthing, or gain the whole world with the loſſe of either of them; and rather die a Martyr for our Ancient Kingdom, then live a Slave under any new Republick, or remant of a broken, diſmembred, ſtrange Parliament of Commons, without King, Lords, or the major part of the Knights, Citizens and Burgeſſes of the Realme, in being ſubject to their illegall Taxes, and what they call Acts of Parliament, which in reality are no Acts at all to binde me, or any other ſubject, to obedience, or juſt puniſhment for Non-obedience thereunto, or Non-conformity to what they ſtile the preſent Government of the Armies modeling, and I fear, the Jeſuites ſuggeſting, to effect our Kingdoms and Religions ruine.
WILLIAM PRYNNE. Swainſwick, June 16. 1649.
PSAL. 26.4, 5.
I have not ſate with vain perſons, neither will I go with Diſſemblers: I have hated the Congregation of evill doers, and will not ſit with the wicked.
FINIS.