Against the Illegal New Tax, Title page

Against the Illegal New Tax · Title page

A DECLARATION AND PROTESTATION AGAINST The Illegal, Deteſtable, Oft-condemned, New Tax and Extortion of EXCISE In General; AND For HOPS (a Native incertain commodity) In Particular.

By William Prynne of Swainſwick, Eſq;

Ezek. 22. 12, 13, 27, 29, 30.

Thou haſt greedily gained of thy Neighbour by Extortion, and haſt forgotten me, ſaith the Lord God: Behold therefore, I have ſmitten my hand at thy diſhonest gain, and at thy Bloud, which hath been ſhed in the midſt of thee. Her Princes in the midſt of thee, are like Wolves ravening the Prey to ſhed bloud, and to deſtroy Souls, to get DISHONEST GAIN: The people of the Land have uſed OPPRESSION, & EXERCISED ROBBERY, and have VEXED THE POOR & NEEDY; yea, they have OPPRESSED THE STRANGER WRONGFULLY. And I ſought for A MAN among them, that ſhould make up the Hedg, and ſtand in the gap before me for the Land, that I ſhould not deſtroy it: but I found none: Therefore have I poured out my indignation upon them, I have conſumed them with the Fire of my Wrath, their own way have I recompenced on their heads, ſaith the Lord God.

Pſal. 12. 5.

For the Oppreſſion of the Poor, for the ſighing of the Needy, I will ariſe (ſaith the Lord) I will ſet him in ſafety from him that would enſnare him.

1 Cor. 6. 8, 9.

Nay, you do wrong and defraud, and that your Brethren. Know you not that the unrighteous ſhall not inherit the Kingdome of God?

LONDON; Printed for the Author, and a… to be ſold by Edward Thomas in Green-Arbor, 1654.

p. 1A Declaration and Proteſtation againſt the Illegal, Deteſtable, oft-condemned New Tax and Extortion of EXCISE, in general, and for hopes in particular.

WE read in the 2 Sam. 23. 1, 3. That theſe were the laſt words of David, the man WHO WAS RAISED UP ON HIGH, THE ANOYNTED OF THE GOD OF JACOB, and the ſweet Pſalmist of Iſrael; The God of Iſrael ſaid, the Rock of Iſrael ſpake to me, HE THAT RULETH OVER MEN MUST BE JUST, RULING IN THE FEAR OF GOD. What it is for a Ruler over men to be juſt, and to rule in the fear of God, we may infallibly conclude, and learn from three Scripture-Preſidents, and three ſacred Texts, which may ſerve as a Commentary on it.

The firſt Preſident is that of Samuel, 1 Sam. 12. 1. to 6. And Samuel ſaid unto all Iſrael; Behold, I have hearkened unto your voice in all that ye ſaid unto me, and have made a King over you: And now behold, I am old and gray-headed, and have walked before, andaa1 Sam. 7. 15.1 Sam 7:15 judged you from my Childhood to this day: Behold here I am, witneſs againſt me before the Lord, and before his Anoynted; Whoſe Oxe have I taken? Or whoſe Aſs have I taken? or whom have I defrauded? whom have I oppreſſed? or of whoſe hand have I received any ranſome to blinde mine eyes therewith? and I will restore it to you. And they ſaid, THOU HAST NOT DEFRAUDED US, NOR OPPRESSED US, p. 2NEITHER HAST THOU TAKEN OUGHT OF ANY MANS HAND: And he ſaid, The Lord is my witneſs againſt you, and his Anoynted is witneſs this day, that you have not found ought in my hand: And they anſwered, He is witneſs. That Governour or Ruler over men, who can make ſuch a challenge and proteſtation as this, before God and all the people, and receive ſuch a teſtimony from both, of his integrity, as Samuel here did after he had judged Iſrael above threeſcore years, is certainly a juſt man, truly fearing God: And what Governour this day ruling, though but for a few months or years, can make ſuch a challenge, or receive ſuch a witneſs as he did from all the people?

The ſecond Preſident is that of King David, a man after Gods own heart, who as he would by no means lay violent hands on King Saul his Soveraign, who hunted him like a Partridg, and ſought his life, though God gave him twice into his hands, and was perſwaded by his Souldiers and Military Officers to kill him; nor yet uſurp the Royal Throne, or Government of Gods people, though ſpecially anointed by God long before thereto, without a General Call and Election thereto by all the Tribes and Elders of the people; 1 Sam. 24. & 26. 2 Sam. 5. 1. to 6. So it is recorded of him, 2 Sam. 8. 15. and 1 Kings 15. 5. And David raigned over all Iſrael; and David executed Judgment and Justice unto all his people; and David did that which was right in the eyes of the Lord, and turned not aſide from any thing that he commanded him all the daies of his life, ſave only in the matter of Uriah the Hittire; for which he penned, and left aaaPal. 51. Penitential Pſalm on Record to Poſterity, to teſtifie his unfeigned repentance for that bloody crime. And where can we finde ſuch a David now?

The third is Nehemiah, cap. 5. throughout; who when the people cried and complained to him of their Debts, Engages, Bondage and Oppreſſions by their Brethren, and that others had their Lands, Vineyards, yea their Sons and Daughters for ſervants, for moneys borrowed of them FOR THE KINGS TRIBUTE; He grew very angry, and rebuked the Nobles and Rulers for it, and ſet a great Aſſembly againſt them, and ſaid unto them: We p. 3after our ability have redeemed the Jews our brethren, which were ſold unto the Heathen, and will you ever ſell your Brethren? or ſhall they be ſold unto us? I likewiſe, and my Brethren, and my ſervants, might exact of them money and corn. I pray let us leave off this Uſury: reſtore I pray unto them even this day their Lands, their Vineyards, and their houſes; alſo the hundredth part of the money, and of the corn, the wine, and the oyl that ye exact of them. Then ſaid they, We will reſtore them, and will require nothing of them; ſo will we do as thou haſt ſaid. Then Nehemiah called the Prieſts, and took an oath of them, that they ſhould do according to this promiſe: Alſo he ſhook his lap, and ſaid, So God ſhake out every man from his houſe, and from his labour, that performeth not this promiſe, even thus be he ſhaken out and emptied; and all the Congregation ſaid, Amen, and praiſed the Lord, and the people did according to this promiſe. After which, he ſubjoyns this memorable teſtimony of himſelf. Moreover, from the time that I was appointed to be their Governour in the Land of Judah, from the 20. even to the 32. year of Artaxerxes the King, I and my Brethren have not eaten the bread of the Governour: But the former Governours that had been before me, WERE CHARGEABLE UNTO THE PEOPLE, AND HAD TAKEN OF THEM BREAD AND WINE, BESIDES FORTY SHEKELS OF SILVER (what is this to our Contributions, EXCISES, Freequarter, Sequeſtrations, Impoſts, &c.) Yea, even their ſervants bear rule over the people: BUT SO DID NOT I, BECAUSE OF THE FEAR OF GOD. Yet alſo I continued in the work of the Wall; NEITHER BOUGHT WE ANY LAND: and all my ſervants were gathered thither unto the work. Moreover, there were at my Table an 150. of the Jews and Rulers, beſides thoſe that came unto us from among the Heathen that are about us, &c. YET FOR ALL THIS REQUIRED I NOT THE BREAD OF THE GOVERNOUR, (that is, his Salary, and ordinary allowance, formerly paid by the people) BECAUSE OF THE BONDAGE WAS HEAVY UPON THIS PEOPLE. Think upon me my God for good, according to all that I have done for this people.

When our late and preſent Governours, and their under-Officers, p. 4ſhall imitate Samuel, David, but more eſpecially Nehemiah, and the Nobles, Rulers, and Officers under him, in making full reſtitution of all their Chriſtian Brethrens, and the publike Lands, Vineyards, Oliveyards, Houſes, Goods, Poſſeſſions, Offices, Moneys, Corn, Wine and Oyl they have forcibly ſeized on, without any legal Right or Title, or gotten by uſurious or unrighteous contracts, Sequeſtrations, Sales, Donations, Wiles, Diſſeiſins, Oppreſſions, Exactions, Exciſes, Taxes, &c. give a true and juſt accompt to our whole Nation of the many Millions of Treaſure in few years extorted from them; and ſhall neither impoſe, nor exact from them any more Moneys, Contributions, Exciſes, Corn, Wine, or the bread of the Governour from the people, becauſe of the fear of God, and becauſe of the Bondage that is heavy upon them; we ſhall then pronounce them to be juſt, ruling in the fear of God. But till then, neither God nor men will or can pronounce them ſuch. And upon conſideration of theſe three ſacred Texts, to omit others.

The firſt is, Ezek. 18. 5. to 14. But if a man be JUST, & DO THAT WHICH IS LAWFUL & RIGHT, & HATH NOT OPPRESSED ANY, but hath reſtored to the Debtor his pledg, HATH SPOILED NONE BY VIOLENCE, hath given his bread to the hungry, and hath covered the naked with a garment, hath not given forth upon uſury, neither hath taken any encreaſe, hath withdrawn his hand from iniquity, hath executed true judgment between man and man, hath walked in my Statutes, and hath kept my Judgments, TO DEAL TRULY; HE IS JUST; He ſhall ſurely live, ſaith the Lord. If he beget a Son, that is A ROBBER, A SHEDDER OF BLOOD, and that doth the like to any of theſe things to his brother, and that doth not any of thoſe duties, but hath eaten upon the Mountains, and defiled his Neighbours Wife; HATH OPPRESSED THE POOR AND NEEDY, HATH SPOILED BY VIOLENCE, hath not reſtored the pledg, &c. hath committed abomination, hath given forth upon uſury, and taken encreaſe; ſhall he then live? He ſhall not live, he hath done all theſe abominations, he ſhall ſurely die, his bloud ſhall be upon him, &c. Which is again there repeated, for the greater certainty. p. 5If the juſt men and Rulers of this latter age ſhall be judged and tried by this Text, I fear we may take up the words of the Prophet Micah 7. 2. and c. 3. 1, 2, 3, 4. The good man is periſhed out of the earth, and THERE IS NONE UPRIGHT AMONG MEN: They all lye in wait for bloud, they hunt every man his Brother with a Net, that they may do evil with both hands earnestly; the Prince asketh, and the Judg asketh for a reward, and the great man he uttereth the miſchief of his ſoul, (by coveting Fields and Houſes, and taking them away by violence, becauſe it is in the power of his hand, ch. 2. 1, 2.) the beſt of them is as a Bryar, the moſt upright is ſharper then a thorn-hedg; they pluck off the fleſh of my people from their bones, they eat their fleſh, and flay their skin from off them, and they break their bones, and chop them in pieces as for the pot, and as fleſh within the Caldron.

The ſecond is, Ezek. 45. 7. to 10. and ch. 46. 18. A portion ſhall be for the Prince, &c. and my Princes ſhall no more oppreſs my people, and the reſt of the Land ſhall they give to the houſe of Iſrael, according to their Tribes: Thus ſaith the Lord God, Let it ſuffice you, O Princes of Iſrael! REMOVE VIOLENCE & SPOIL, and execute Judgment and Juſtice: TAKE AWAY YOUR EXACTIONS (or expulſions of others from their rights) from my people, ſaith the Lord God. Moreover, the Prince SHALL NOT TAKE OF THE PEOPLES INHERITANCE BY OPPRESSION, TO THRUST THEM OUT OF THEIR POSSESSION. How conſcientiouſly this precept (and Gods own Tenth Commandment of the Decalogue, Exod. 20. 17. Thou ſhalt not covet thy Neighbours HOUSE, thou ſhalt not covet thy Neighbours WIFE, nor his Man-ſervant, nor his Maid-ſervant, nor his OXE, nor his ASSE, NOR ANY THING THAT IS THY NEIGHBOURS) hath been obſerved by ſuch who have made and ſtiled themſelves, not only Princes, Rulers, Governours, Officers, but proclaimed themſelves the holieſt, juſteſt Saints, and Pillars of Juſtice and Righteouſneſs of late years, and all ſorts of Swordmen, let the world and their own conſciences judg. I doubt Ovids old Poetical deſcription of the Iron AgeaaMetamorph. l. 1. VIVITUR EX RAPTO, &c. will ſuit better p. 6with our times and Saints of this Age, then theſe ſacred Precepts, become like old Almanacks quite out of date and practiſe at leaſt, if not quite out of mind: Terras Aſtraea reliquit.

The third is Iſai. 58. 3. to 13. Behold, in the day of your Faſt you finde pleaſure, and exact all your griefs: Behold, ye faſt for ſtrife and debate, and TO SMITE WITH THE FIST OF WICKEDNESS: Ye ſhall not Faſt as ye do this day, &c. Is not this the Faſt that I have choſen, TO LOOSE THE BONDS OF WICKEDNESS, TO UNDO THE HEAVY BURTHENS (of illegal oppreſſions, long-continued Taxes, Exciſes, &c.) to let the OPPRESSED GO FREE, and that ye break EVERY YOKE? Is it not to deal thy bread to the hungry, and that thou bring the poor that are caſt out (of their houſes, poſſeſſions, offices, eſtates, by violence and rapine) to thy houſe; when thou ſeeſt the naked, that thou cover him, and that thou hide not thy ſelf from thine own fleſh? Then ſhall thy light break forth as the morning, and thine health ſhall ſpring forth ſpeedily, and THY RIGHTEOUSNESS ſhall go before thee, and the glory of the Lord ſhall be thy rereward, &c. And they that be of thee ſhall build the old waſte places, raiſing up the Foundations of many Generations, and thou ſhalt be called, The repairer of the breach, the reſtorer of paths to dwell in. We have had many publique Faſts and Mock-faſts of late years, ſuch as God in this Text profeſſedly reprehends and rejects; but never yet ſuch a true and real Faſt, as he here calls for: and that is one main reaſon, we are ſtill pulling down, and rooting up the Foundations of our Church, Kingdoms, Parliaments, Liberties, Properties, Lawes, and changing from one miſhapen form of Government to another, inſtead of building the old waſte places, raiſing up the Foundations of many Generations, repairing the breaches, and reſtoring paths to dwell in. O that we might never henceforth mock God or men any more with ſuch hypocritical Faſts as formerly; but that the next preſcribed Faſt by thoſe in power, might be only this, which God here requires; and that it might be ſo ſincerely, really, effectually performed by the Preſcribers of it, that God himſelf, and all the three Nations, may joyntly atteſt of them, That they are juſt, ruling in the fear of God.

p. 7On Tueſday the 26 of September laſt, 1654. there was this Ticket left at my houſe at Swainſwick directed to no particular perſon named in it, or indorſed on it.

You are to appear at the Grey-hound in Bath, on Tueſday next by ten of the Clock in the fore-noon, to make entry of what quantity of HOPS YOV HAD GROWING THIS PRESENT YEAR, AND TO PAY THE DVTY OF EXCISE FOR THE SAME. 25 September 1654.

Thomas Peeres, Sub-collector.

Hereupon repairing to the Lecture at Bath the next morning, and carrying with mee this Ticket, and ſuch Parliamentary Judgments and Declarations againſt Exciſe, as are hereafter ſpecified, which I drew up in writing as here I preſent them to the publique, I ſent for the Sub-collector to the Inn where the Ordinary for the Lecture is kept, before the Sermon began; who repairing to me thither, I ſhewed him the Ticket, in a friendly manner, which he owned; and then informed him it was erronious, and voyd in Law, (becauſe directed to no particular perſon by name) in reſpect of form, which he confeſſed, ſaying it was his mans miſtake, who had order to ſet the parties names to every ſeverall Ticket he delivered at their houſes; I acquainted him that this being but a circumſtance, the end why I ſent for him, was to be ſatisfied by him, touching the ſubſtance of his Warrant, and that was, to make entry of what quantity of Hops I had growing this preſent year, and to pay the Duty of Exciſe for them. For, although I was a Lawyer and knew what Duties were by Law to be paid by my ſelf and others, yet I neither knew nor underſtood that EXCISE in generall, much leſs for Hops in ſpeciall, was a duty; and ſeeing I had many Judgements and Declarations of Parliament againſt it, as an illegall, execrable innovation, and damning it for ever as ſuch, I could neither in prudence nor conſcience pay it as a DVTY, till hee could make it appear to mee by ſome true reall Act of Parliament to be ſo: deſiring him to ſhew me what Legall or other Authority he had to claim it as a Duty from mee. To which he anſwered, that he had nothing elſe to ſhew for or claim it by, but a late Ordinance of the Protector and his Counſell at White-hall, continuing the Exciſe till ſuch a month in the year 1656. Which he would ſhew mee if I pleaſed. To which I replied, that I conceived that this would bee his anſwer; which was no ſatisfaction p. 8at all to me; for I was certain, that by the fundamentall Laws and Statutes of the Realm, and the reſolutions of our Parliaments in all Ages, no King of England, nor his Councel-Table, could ever in any age make binding Laws, or impoſe any Tax, Tallage, Impoſt, Cuſtom, Tunnage, or Poundage, much leſs Exciſe (a ſtranger to our Anceſtors) on the Free-men of England, but only a true and legal Engliſh Parliament, and therefore thoſe who condemned, ſuppreſſed the late King, and his extravagant Councel-Table as Tyrannicall and oppreſsive to the People, could neither in juſtice nor prudence arrogate ſuch a ſupertranſcendent juriſdiction to themſelves, as to impoſe ſuch Taxes as theſe on the whole Realm, an inſeparable Prerogative of our Parliaments alone, as hath been reſolved over and over in all ages by the**Seldeni No'ae ad Eadmerum. P. 190, 191. Exact collection, p. 868, 869. Laws of King Edward the Confeſſor, ratified by William the Conquerour himſelf, and by all our Kings ſince, by a ſpecial clauſe in the very Coronation Oaths, Lex. 55. 56. 58. the great Charters of King John and Henry the third, c. 29. 30. 25. E. 1. c. 5. 6. 34. E. 4. c. 12. De Tallagio, 14. E. 3. Stat. 1. c. 21. Stat. 2. c. 1. 15. E. 3. Stat. 2. c. 5. 21. E. 3. Rot. Parl. N. 16. 25. E. 3. Rot. Parl. N. 16. 27. E. 3. Stat. 2. c. 2. 36. E. 3. Rot. Parl. N. 26. 38. E. 3. c. 2. 45. E. 3. Rot. Parl. N. 42. 11. H. 4. Rot. Parl. N. 10. 1. R. 3. c. 2. 22. H 8. The Petition of Right, 3. Car. The Statute againſt Ship-mony, Knighthood, Cuſtoms, 16. Caroli, and all the ſtatutes concerning Cuſtoms, Tunnage, Poundage, and Purveyors, in all our Kings reigns, all unanimouſly reſolving, That no Tax, Tallage, Subſidy, Ayd, Loan, Cuſtom, Impoſt, Tunnage, Poundage, or any other payment or duty whatſoever, can be impoſed on, or leavied from the Subject in times of War or Peace, upon any pretext or neceſsity, but only by common grant and conſent of the Lords and Commons in Parliament, and ſo reſolved over and over in the Parliament of 7. 21. Jacobi, and of 3. 4. & 16. Caroli, by many now in power.

And to ſatisfie him in point of EXCISE, the thing in queſtion, I would ſhew him ſome late Judgements and Declarations of Parliament againſt it, which I preſumed would ſatisfactorily convince him, that it was no Duty, but an intollerable Oppreſsion, and deteſtable Innovation; whereupon I read unto him theſe enſuing Judgements and Declarations againſt it.

1 I ſhewed him, that Exciſe was altogether a ſtranger, and p. 9thing utterly unknown to our Fore-fathers, the Name and thing being never found in any Hiſtories, or Records of former Ages in this Iſland. The firſt attempt we ever finde upon Record to uſher it into, and ſet it on foot in England, was in the third year of our beheaded King Charls his reign, who by the advice of the Duke of Buckingham, and ſome other evil Counſellours**See the Lords and Commons J…nals, 3. caroli, Exact collection, p. 885. Mr. St. Johns Speech and Declaration concerning Ship-mony, p. 15, 16. granted a Commiſſion under the Great Seal of England, dated the laſt day of February, 3. Caroli, called, THE COMMISSION OF EXCIZE, iſſued to thirty three Lords and other of HIS MAJESTIES PRIVIE COVNCEL. The Commiſſioners were thereby authoriſed and commanded, to raiſe Monies BY IMPOSITIONS, OR OTHERWISE as they in their wiſdoms ſhould find moſt convenient; the cauſes wherefore theſe Monies were to be raiſed were expreſſed to be theſe, THE DEFENCE AND SAFETY OF THE KING, KINGDOM AND PEOPLE, and of the Kings, Friends and Allies beyond the Seas, which WITHOVT EXTREMEST HAZARD OF THE KING, KINGDOM, AND PEOPLE, and of the Kings Friends and Allies can admit of no longer delay. INEVITABLE NECESSITY, wherein form & circumſtance muſt rather be diſpenced withall, than the ſubſtance loſt; the Commiſſioners muſt be diligent in the ſervice, and not fail therein, as they tender his Majeſties Honor, and THE SAFETY OF THE KING AND PEOPLE. Here Salus Regni periclibatur, the whole Kingdom was declared to be in danger, in greater and nearer danger then any now appearing. In the Parliament of 3. Caroli, the Houſe of Commons having notice given them of this Commiſsion, ſent for it, and upon debate thereof, without any one diſſenting voyce, Voted and adjudged it, TO BE AGAINST LAW, and CONTRARY TO THE PETITION OF RIGHT (though only ſealed, and never put in execution) and then deſiring a Conference about it with the Lords in the painted hamber (whereat I my ſelf was preſent) Sir Ed…rk Cook by the Commons appointment, after the Commiſſion read by Mr. Glanval, manifeſting the illegality ſtrangeneſs and dangerous conſequences of it to the whole Kingdom, in an elegant Speec… and Argument amongſt other expreſſ… MONSTRƲM HORRENDƲM, INFO…ME, N…NS (deſcanting upon every one of the words) ye, bleſſed be God CVILUMEN p. 10ADEMPTUM, whoſe eyes were pulled out by the Commons in Parliament (which they hoped their Lordſhips would ſecond) before ever it ſaw the Sun, or was fully brought forth into the world, to conſume and devour the Nation. The Lords hereupon fully, and unanimouſly concurred with the Commons, ADJUDGING IT TO BE AGAINST LAW, and THE PETITION OF RIGHT, and FIT TO BE ETERNALLY DAMNED; and upon the Lords requeſt to the King, this Commiſsion was cancelled in his Majeſties preſence by his command, and brought cancelled to the Lords Houſe, by the then Lord Keeper, and by them ſent cancelled to the Commons Houſe for their ſatisfaction; who returned it back to the Lords with their thanks for their care and concurrence with them herein. Therefore being thus ſolemnly damned, and cruſhed in the ſhel, by the judgement and unanimous Votes of the Commons, Lords, and King Charls himſelf in that Parliament, as againſt the Law of the Land, and contrary to the Petition of Right (then newly paſſed in that Parliament) it ſeemed very ſtrange and monſtrous to me, that any Pretenders to publik Liberty, Law, Right, or any new Governours, and Councel-table at White-Hall, ſhould preſume to revive, and actually impoſe any ſuch illegal, damned Impoſitions, and monſtrous execrable Exciſes on the exhauſted people now, upon the ſelf-ſame pretexts of publique ſafety, and inevitable neceſſity. The rather, becauſe I informed him.

Secondly. That the laſt Parliament of King Charles, about 13 yeares after this firſt Judgement had, in four ſeverall Printed Declarations, Remonſtrances, Votes (to which moſt now in power were Parties and Conſenters) revived, approved, ratified and inſiſted on this primitive ſentence of condemnation againſt Exciſe, as moſt illegall and deteſtable.

1. In and by the Speech and Declaration of Mr. Oliver St. John, his Majeſties Solicitor General, delivered at a conference of both Houſes of Parliament, concerning Ship-mony, 14 January 1640 publiſhed by the Commons Order, page 13, 15, 16, 19. I am commanded by the Houſe of Commons, (ſaith he) to preſent to your Lordſhips conſiderations thoſe things which SATISFIED THE COMMONS.

Firſt, The Commiſſions for the Peace with the inſtructions.

p. 11Secondly, A COMMISSION CALLED THE COMMISSION OF EXCISE &c. This was dated ultimo Febr. 3. Caroli. It was dated after the Summons to that Parliament. This Commiſſion iſſued to 33 Lords, and others of his Majeſties privy Counſell. The Commiſſioners are thereby commanded to raiſe monies by impoſitions and otherwiſe, as in their judgements they ſhall find to be moſt convenient. The cauſes wherefore theſe monies are to be raiſed, are expreſt to be theſe, The defence and ſafety of the King and people, which without extremeſt hazard of the King, Kingdome, and people, and of the Kings freinds and Allies beyond Seas, can admit no longer delay. INEVITABLE NECESSITY, wherein forme and circumſtance muſt rather be diſpenced withall then the ſubſtance loſt. The Commiſſioners muſt be diligent in the ſervice, and not faile therein, as they tender His Majeſties Honour, and the ſafety of the Kingdome and people. Here, ſalus Regni periclibatur, the whole Kingdome declared to be in danger, in greater and nearer then in the opinions, the Ship-writs or Judgements in the Chequer. In the Parliament of 3. Caroli, this Commiſſion was adjudged by the Commons TO BE AGAINST THE LAWS OF THE REALM, AND CONTRARY TO THE JVDGEMENT GIVEN IN THE PETION OF RIGHT; and after a conference with your Lordſhips, your Lordſhips deſired His Majeſtie, that it might be CANCELLED: the then Lord keeper brought it ſhortly after Cancelled to your Lordſhips in the Houſe, and there ſaid, that it was Cancelled in his Majeſties preſence. You ſent it Cancelled to the Commons to be reviewed, Who afterwards ſent it back to your Lordſhips. My Lords, wee have not cited theſe Preſidents of that Parliament, out of diffidence that your Lordſhips have forgot them, but becauſe other have; or that wee diſtruſt your Lordſhips Juſtice, if you had forgot them; for before theſe were, your Lordſhips concurred in opinion with your worthy Anceſtors, that firſt gave them: their Noble blood runs in your veines. It is now TO CONFIRM YOVR OWN IVDGEMENT AS WELL AS THEIRS in your Lordſhips breſt. There ARE NOW THE SAME MAGAZINES AND FOVNTAINES OF HONOVR AND IVSTICE AS WAS THEN. THESE IVDGEMENTS AND PROCEEDINGS WERE THE ACTIONS p. 12OF BOTH HOVSES: the DANGER by the violation IS EQVALL.

So hee, and the Commons then reſolved: with what face or color of Law and Juſtice then, can any perſons revive, impoſe, exact, or juſtify this illegall Tax and Exciſe, now, (eſpecially by a meer extrajudiciall White-hall edict, more illegall then that Commiſſion under the great Seal, by the Kings and the whole Counſells Order) who thus publikely cenſured the bare deſigne of impoſing it by the King and his Councell-table then, by Commiſſion under the great Seal of England, which their paper Edict wants?

2 In a Remonſtrance of the State of the Kingdom, 15 December 1641. (which I then read to the Exciſe-man) made, Printed and publiſhed by the whole Commons Houſe of Parliament, and ſome of our preſent Grandees, then Members of it, Exact collection page 3. 4. 6. Wherein relating, the preſſing miſeries and calamities, the various diſtempers and diſorders, which had not only aſſaulted, but even overwhelmed and extinguiſht the LIBERTY, peace and prosperity of this Kingdom, &c. The root of all this miſchief, wee find (ſay they) TO BE A MALIGNANT and PERNICIOVS DESIGNE OF SVBVERTING THE FVNDAMENTALL LAWS and PRINCIPLES OF GOVERNMENT, upon which the Religion and IƲSTICE of this Kingdome are formerly eſtabliſhed. The Actors and promoters hereof have been.

1 THE JESƲITED PAPISTS, WHO HATE THE LAWS, as the obſtacle of THAT CHANGE and ſubverſion of Religion, which they ſo much long for▪ &c. As in all compounded bodies, the operations are qualified according to the predominant Elements: ſo in this mixt party (let our late and new puny Stateſmen obſerve it) THE JESƲITED COƲNSELS BEING MOST ACTIVE and PREVAILING, may eaſily bee diſcovered to HAVE HAD THE GREATEST SWAY in all their determinations; and IF THEY BE NOT PREVENTED, are likely to DEVOUR THE REST, and to turn them INTO THEIR OWN NATURE, &c. The firſt effect and evidence of their recovery, and STRENGTH was, the diſſolution of the Parliament at Oxford, &c. The precipitate Breach with France, by taking their ſhips, &c. The Peace with Spain, &c.

p. 11The charging of the Kingdom with billeted Souldiers in all parts of it, and the concomitant deſign of **And have not Engliſh Horſe of late years, and ſtill, been billited in moſt Counties, for this very end?German Horſe, that the Land might either SUBMIT WITH FEAR, or BE ENFORCED WITH RIGOVR TO SUCH ARBITRARY CONTRIBUTIONS, AS SHOVLD BE REQVIRED OF THEM. The diſſolving the Parliament in the ſecond year of his Majeſties reign, the exacting the proportion of five Subſidies, after the Parliament diſſolved, by Commiſsion of Loan, and divers Gentlemen and others impriſoned for not yeelding to pay that Loan.Nota.

AN UNJVST and PERNICIOVS ATTEMPT TO EXTORT GREAT PAIMENTS FROM THE SUBJECTS BY WAY OF EXCIZE, and A COMMISSION GIVEN UNDER SEAL FOR THAT PURPOSE; (yet damned before put in execution) The Petition of Right which was granted in full Parliament blaſted, &c. and the Petition made of no uſe, but to ſhew the bold and preſumptuous injuſtice of ſuch Monſters, as durſt break the Laws, and SUPPRESSE THE LIBERTIES OF THE KINGDOM, after they had been ſo ſolemnly and evidently declared. Another Parliament diſſolved, 4. Caroli; the Privileges of Parliament broken, by impriſoning divers Members of the Houſe, detaining ſome of them cloſe Priſoners for divers Months together, &c. Upon the diſſolution of both theſe Parliaments, UNTRVE and SCANDALOUS DECLARATIONS PUBLISHED, TO ASPERSE THEIR PROCEEDINGS, and SOME OF THEIR MEMBERS, TO MAKE THEM ODIOUS, and COLOUR THE VIOLENCE WHICH WAS USED AGAINST THEM. **And are they not ſo now by a bare White-hall Order impoſing them, till 1658.Tunnage and Poundage hath been received without colour or pretence of Law, many other heavie IMPOSITIONS CONTINVED AGAINST LAW, and ſome ſo unreaſonable, that the Sum of the charge exceeded the value of the goods. The Book of Rates lately inhanced to an high proportion, and ſuch Merchants as would not ſubmit TO THEIR ILLEGAL AND UNREASONABLE PAYMENTS, were vexed and oppreſſed above meaſure, &c. A new and unheard of Tax of Ship-mony was deviſed, upon pretext of guarding the Sea, &c. the exactions of Coat and Conduct mony, and divers other MILITARY CHARGES; the taking away of the Arms of the Trained Bands of divers Counties▪ p. 14the reſtraint of the Liberties of the Subject in their habitations, Trades, and other interest; their vexation and oppreſsion by Salt-peeter-men. Great numbers of the Subjects for refuſing thoſe unlawful Charges, have been vext with long and expenſive Sutes, ſome Fined and Cenſured, others committed to long and hard Impriſonments and Confinements, to the loſſe of health in many, of life in ſome, and others have had their Houſes broken up, their Goods ſeized. Some have been reſtrained from their lawful Callings, Judges have been put out of their places, for refuſing to do againſt their Oathes and Conſciences. Others have been ſo awed, that they durſt not do their duties. Lawyers have been checkt for being faithfull to their Clients, &c. New OATHS have been forced upon the Subjects AGAINST LAW, NEW JƲDICATORIES ERECTED WITHOUT LAW. The COVNCEL TABLE HAVE BY THEIR ORDERS OFFERED TO BINDE THE SUBIECTS in their Free-holds, Eſtates, Sutes, and Actions; if all and every of theſe, by the reſolution of the whole Commons Houſe, and many in late and preſent power, were the fruits and effects of the moſt active and prevailing Jeſuited Counſel then, out of a malignant and pernicious deſign of ſubverting the fundamental Laws and Principles of Government, &c. What are all and every of theſe particulars of late years, and ſtill acted over and over again, in a far higher, open, more avowed degree then ever, by perſons in greateſt power, and parties to this Remonſtrance, but the very effects and products of the ſelf-ſame Jeſuitical prevailing Counſels, and thoſe many Jeſuits now ſwaying, and ſitting in Counſel amongſt us (as ſome Grandees have lately averred in their **4. Septemb. 1654. in the Painted Chamber.printed Speeches, as well as private Conferences?) And if the very damned Commiſsion of Excize before ever it was put in execution, was ſo many years after thus publickly branded for an unjuſt and pernicious attempt and reſult of Jeſuited prevailing Councels, to extert great payments from the Subject; What is the late and preſent violent illegal impoſition, collection, extortion of, from the exhauſted people, by Excize-men, Forfeitures, Penalties, Fines, Confiſcations, Seiſures of Goods, and Arms, Troopers in ſome eaſes, and that by a new erected Councel-Table Ordinance (as they ſtile it) preſuming not only to make binding orders for private men, but p. 15**See the Government of the Commonwealth of England, Artic. 30. The Ordinances printed in Folio amounting to near ſeven hundred and ſeven, pages.MANY and MANIFOLD BINDING LAVVS and ORDINANCES for our three whole Kingdoms, printed in Folio; and TO IMPOSE Monthly Contributions, EXCIZES, CUSTOMS, TVNNAGE and POVNDAGE ON THEM FOR SUNDRY MONTHS and YEARS YET TO COME, againſt the expreſſe Letter of the Great Charter, the Petition of Right, all fore-cited Statutes, Judgements of Parliament, and to repeal all theſe Laws, with others at once, as well as to erect new Judicatories, and impoſe ſuch new Oathes and Reſtraints on their new Modelled Parliaments themſelves, and the three whole Kingdoms, which no Engliſh King, nor Council-Table ever did in any age? The Lord give them, and the whole Nation, hearts to conſider, repent, reform it, to prevent thoſe **See 21. R. 2. c. 11, 12, 13, 16. 1. H. 4. c. 3 & Rot. Parl. 3. H. 4. N. 21, 22, 36, 48, 66, 70. 31. H. 6. c. 1. 39. H. 6. c. 1. 17. E. 4. c. 7.manifold miſchiefs and combuſtions which elſe may enſue upon it, and the evils ſuch bad Preſidents may produce in after ages, if not cruſhed, reverſed, ſuppreſſed in the ſhell; being ſet on foot by thoſe who profeſſe themſelves the greateſt Patrons and Protectors of our Fundamentall Liberties, Franchiſes, Laws, Rights, Parliaments, which they totally ſubvert, and the grandeſt enemies to arbitrary Government, Tyranny, Oppreſsion, and Jeſuiticall Practices, of which they over-much favour; if this Remonſtrance of the whole Houſe of Commons be Judge, and ſuch of themſelves who were Parties to it.

In **Exact Collection, p. 638.A Declaration of the Commons aſſembled in Parliament, for bringing to condign puniſhment thoſe that have raiſed falſe and ſcandalous rumours againſt the Houſe, how THAT THEY INTEND to aſſeſſe every mans Pewter, and LAY EXCIZE UPON EVERY COMMODITY. (which I ſhewed and read to the Excize-man.)