Against the Illegal New Tax, Part
Die Sabbati 8 October. 1642.
THe Commons Houſe in Parliament, receiving information, that divers publike rumours and aſperſions, are by Malignant perſons caſt upon this Houſe, that THEY INTEND to aſſeſs every mans Pewter, and LAY EXCISE VPONUPON THAT and OTHER COMMODITIES, the ſaid Houſe, for their vindication therein do declare, THAT THOSE RUMORS ARE FALSE and SCANDALOƲS. And for as much as theſe falſe rumors and ſcandals, are raiſed by ill-affected perſons, and tend much TO THE DISSERVICE OF THE PARLIAMENT, it is therefore ordered, that the Authors of theſe falſe and ſcandalous rumors ſhall be ſcarched and inquired after▪ and apprehended and brought to this Houſe TO RECEIVE THEIR CONDIGNE PƲ NISHMENT.
Ordered by the Commons in Parliament, that this be forthwith Printed and publiſhed (as it was accordingly).
By this Declaration it is moſt apparent,
1 That the very name and impoſition of Exciſe (condemned ſo newly and frequently in Parliament both by the Commons and Lords) was ſo odious and deteſtable to the whole Houſe of Commons now, that they utterly diſclaime in publick by this Declaration (after the warres begun) the very thought and intention of impoſing it on Pewter, or any other commodities.
2 That they renounce and brand the very firſt rumors and reports, that they intended to lay Exciſe upon any commodity, as falſe rumors and ſcandals raiſed by ill-affected perſons.
3 That theſe falſe reports and rumors tended much to the diſſervice of the Parliament.
4 That the Authors of them, ſhould be ſearched, inquired after, apprehended, and brought to the Houſe as Delinquents, there to receive condigne puniſhment. What puniſhment then do the impoſers, exactors, and levyers of it deſerve? with what face, Juſtice, Honeſty, conſcience, then can any who were parties to this Declaration, after this publick diſclaimer, lay Exciſe both upon Pewter and moſt other commodities, and juſtify the levying of it by force and violence, as ſome of them ſoon after did, and others have ſince preſumed and continued to do? verily, as I at firſt, and ever ſince this ſtrange impoſition, much grieved at, and proteſted to ſundry of them againſt it in private, from time to time, with all earneſtneſs, and ſome years ſince penned a publick Proteſtation againſt it, with an intent to print it, had it not miſcarried; ſo I obſerved, that the laying on of this ſtrange Impoſition on the people, againſt this Declaration and the other premiſes, was that which firſt and moſt of all alienated the peoples hearts and affections from the Parliament, gave greateſt ſcandal to their real Friends, and moſt advantage to their Enemies; and ſome principal promoters of it were ſoon after blaſted in their reputations, and taken out of the World by death; and what ſad and forcible Diſſolutions, and unparalleld Ruptures, the real, and other fictitious Parliaments ſince have come to on a ſuddain (by thoſe they moſt relied on for protection) which firſt impoſed, and afterwards continued this and other illegal Taxes on the oppreſſed people againſt their own Delcarations, Judgements, and all former Laws, and what confuſions they have brought on our three Nations, inſtead of Peace, Eaſe, Settlement, Liberty, Safety, Tranquillity, we have all of late years beheld with admiration and aſtoniſhment? and let others now beware by their examples, how they ſtill continue them on the exhauſted generally diſcontented Nation. Laeſa patientia fit furor, Men will not be always mocked, oppreſſed in this kinde, but will cry out, VIOLENCE and SPOYL, Jer. 20. 8, 9. And the burning fire ſhut up in their bones againſt it, will breakforth into a fury at laſt, it will not be ſtayed or quenched, *See Doctor Beards Theatre of Gods Judgements, l. 2. c. 36 to 42.but with the ruine of the Tax-maſters, 1 King. 12. 15. to 20. This impoſing of Excize, and other Taxes againſt Law, and the fore-cited Judgements, drew this juſt Cenſure from the late King, and the Lords and Members of the Commons Houſe at Oxford, againſt the firſt Impoſers and Exactors of them, in their*A Collection of Ordinances, p. 453. Letter to the Earl of Eſſex the General of the Army, Janu. 27. 1643. to which they ſubſcribed all their names, That it were well, as they ſtill preſſe upon THE KINGS MAINTENANCE OF THE LAVVS, they would alſo know, that their obligation to obſerve the ſame is reciprocal, and whiles they here reſolve to defend the full power of this Parliament (which in their ſenſe can be no other than the power they have exerciſed this Parliament) they would take notice, that they are therein ſo farre from the obſervation OF THE LAVVS, that THEY DESPERATELY RESOLVE AN UTTER SUBVERSION OF THEM; for what can tend more to the deſtruction of the Laws, than to uſurp a power to themſelves, without the King, and againſt his will, to attribute to their Orders, or pretended Ordinances, THE POWER OF LAVVS and STATVTES, TO ENFORCE CONTRIBUTIONS, LOANS, and TAXES OF ALL SORTS FROM THE SUBIECT; to impriſon without cauſe ſhewed, and then prohibit Writs of Habeas Corpus for their enlargement. TO LAY EXCIZES VPONUPON ALL COMMODITIES; to command and diſpoſe of THE LIVES and ESTATES of the Free-born Subjects of this Kingdom at their pleaſure, TO IMPOSE TUNNAGE and POUNDAGE, CONTRARY TO THE LAW DECLARED IN THE LATE ACT FOR TUNNAGE AND POUNDAGE, and all this done and juſtified by a LEGISLATIVE POWER founded and inherent in them? All which ARE MANIFEST BREACHES OF THE PETITION OF RIGHT, and MAGNA CHARTA, THE GREAT EVIDENCES OF THE LIBERTIES OF ENGLAND; which Charter bounds them by expreſſe words, as us, THOUGH ASSEMBLED IN PARLIAMENT, as well as the King; and though it be not now, as heretofore it hath been, taken by ſolemn Oath on the Peoples part, as well as on the Kings, nor a Curſe, as heretofore pronounced on the Violators; yet they HAVING TAKEN A PROTESTATION TO MAINTAIN THE LAWS, and LIBERTIES, and THE PROPERTIES OF THE SUBJECT, and incluſively THAT CHARTER, let them take heed whilſt they make uſe of this their PRETENDED POWER TO THE DESTRUCTION OF THE LAW, LEST A CURSE FALL UPON THEM, and UPON THEIR POSTERITY. What a ſuddain unexpected curſe and blow ſell upon ſome of the principall Promoters of theſe illegal Taxes, Excizes, and Innovations firſt, and upon both Houſes afterwards, by the Army raiſed for their preſervation, for whoſe ſupport and pay all theſe Taxes were firſt invented, and impoſed by a new way of Ordinances (never *See my Irenarches Redivinus neor the end, where it is fully repeated.heard of, or uſed in Parliaments in any former age) we all know by ſad experience, and let our preſent White-hall, and other Grandees, who late did, and ſtill continued them in an higher degree with farre leſs colour of Parliamental authority, conſider the Premiſes, and their downfall, leſt they incur the ſame, or a worſe Curſe and Judgement, for impoſing, and continuing ſtill upon the exhauſted people, theſe illegal, unuſual oppreſſions, by as new illegal Self-created powers, and pretended neceſſities, of their own making and lengthening. And if they allege, It is juſt ſo to continue EXCIZES on the people, till all the Debts ſecured by them be fully ſatisfied to ſuch particular perſons who took this new Revenue for their Security.
I Anſwer, Firſt, it is the Higheſt injuſtice to continue an illegall damned deteſtable publike Tax and oppreſſion on the whole Engliſh Nation, (ſpecially by as illegall wayes and powers) to ſatisfy private mens intereſts, Debts or pretended arreares.
Secondly, That thoſe who advanced any monies upon ſuch an illegall oft-condemned ſecurity, deſerve juſtly to be puniſhed with the loſſe of their Debts, becauſe the cheif inſtruments of continuing and ſupporting this heavy greivance to the whole Kingdomes injurious oppreſſion.
Thirdly, That thoſe pretended Debts being advanced only for the ſupport and maintenance of thoſe illegall arbitrary powers which impoſe and diſpoſe of theſe Taxes at their pleaſure, not for the publike weal, eaſe and benefit of the Nation; it is juſt they only ſhould defray them out of their owne private eſtates who firſt made and thus ſecured theſe Debts, for their owne advantage rather than the peoples: it being a rule in Law, and common equity, Qui ſentit commodum ſentire debet et onus.
Fourthly, The Lawes of England will rather ſuffer a private miſchief, than a generall inconvenience: therefore better theſe pretended Debtors ſhould ſuffer, to teach them more wiſdome, and love to their owne liberties, Lawes, Country, and Country men hereafter, than that the whole Nation ſhould be ſtill oppreſſed and robbed by EXCISES and other illegall Taxes; Wee muſt not rob Peter to pay Paul, much leſs the whole Nation, to pay a few rich Vſurers, who have (moſt of them) gotten great Eſtates, by publike Brocage, and making the whole Nations purſe and faith their ſecurity and morgage, who never really made any contract with them for any loan of monies, taken up upon their credit, nor entruſted any others with ſuch a power to make them their endleſs. Debtors and pay-maſters til doomeſ-day.
4 As the whole Houſe of Commons ſeverally, ſo it and the Houſe of Lords too joyntly, after this, in their ſecond Declaration againſt Commiſſion of Array, 12 Jan: 1642 Printed and publiſhed by it ſelf firſt, and after in exact collection page 884, 885. by their ſpeciall Order, recite, approve, ratify and inſiſt on the forecited Judgement given againſt the Commiſſion of Exciſe 3. Caroli. Where thus they declare (which I likewiſe read) Wee ſhall further clear this our ſeuſe of the Petition of RIGHT, that it did intend TO TAKE AWAY ALL CHARGES OF WHAT NATURE SOEVER TO BE IMPOSED ON THE SUBJECTS BY THE KING ALTHOUGH FOR DEFENCE OF THE KINGDOME IN TIMES OF DANGER, by Authorities beyond all exceptions, &c. By the JUDGEMENT OF THE KING, THE LORDS and COMMONS, after the Petition paſſed. There was a Commiſſion queſtioned IN PARLIAMENT, called THE COMMISSION OF EXCISE &c. (reciting the effect, and ground of it in the words aforementioned, and THE NECESSITY SO INEVITABLE, that form and circumſtance muſt rather be diſpenced with, than ſubſtance loſt &c.) In that Parliament of 3 Carolt, this COMMISSION WAS RESOLVED BY THE LORDS and COMMONS TO BE AGAINST LAW, and CONTRARY TO THE PETITION OF RIGHT; and upon the Lords deſire to his Majeſty, the ſame was Cancelled in his Majeſties preſence by his command, and was brought Cancelled to the Houſe of Lords by the then Lord keeper, and by them afterwards ſent to the Commons. By all that hath been ſaid, it appeares; THAT TO DEFEND THE KINGDOM IN TIME OF IMMINENT DANGER, IS NO SVFFICIENT CAVSE TO LAY ANY TAX OR CHARGE VPONUPON THE SUBIECTS WITHOVT THEIR CONSENT IN PARLIAMENT: which they further prove by the Act then newly paſſed againſt Ship many. How any who were parties to this Declaration (as ſome in preſent power were) or any Patrons or Protectors of the Lawes, Liberties, properties of the Subject, or privileges of Parliament, can ſince this, or now, impoſe or juſtify the laying of Exciſe or any other Impoſt Tax or Tallage whatſoever, upon the people, out of Parliament, by any White-hall Order, upon pretext of any Imminent danger or neceſſity, againſt this Declaration and reſolution; or any under Officers of theirs exact Exciſe from me or any other Engliſh freeman by their un-parliamentary papers, tranſcends my underſtanding to conceive.
Thirdly, It is Declared and Enacted by ſeverall Printed Acts of Parliament, made by both Houſes, and*See Exact Collections p. 789, 790. aſſented to by the King himſelf 16 & 17 Caroli: That no Cuſtome, Impoſt, Tunnage, or Poundage is due, or can be impoſed on any Goods or Marchandize, imported or exported, without. AN ACT OF PARLIAMENT; and that all ſuch perſons who ſhall exact or receive the ſame, without an Act of Parliament; and grant and conſent both. OF THE LORDS and COMMONS IN PARLIAMENT, SHALL INCURRE THE FORFEITURE and PENALTY OF A PRAEMUNIRE. This Impoſt of Exciſe on Hops, and other Merchandize, falls within the generall compaſſe of theſe Acts.
And therefore I adviſed the Excize-man, with all Cuſtomers, and other Officers, to take heed how they demand or take Excize, or any other Impoſts, Cuſtoms, Tunnage or Poundage, by colour of a White-hall, or any other Ordinance, not made by both Houſe of Parliament, and ſetled by a real Act of Parliament, leſt they incur the penalty of a Premunire, and ſmart for it in concluſion, as ſome of the late Kings Officers did, if ever Law, Juſtice, or true Engliſh Parliaments come to take place again in the Nation, as no doubt they will in Gods due time; when ſuch illegal paper Ordinances, or feigned ſpurious Acts of*See 21 R. 2. c. 11, 12, 16. 1 H. 4. c. 3. rot. Parl. n. 22, 23, 36, 48, 66, 70. 39 H. 6. c. 1. 17 E. 4, c. 7 worthy peruſal. illegal Parliaments will be no Plea to excuſe or extenuate their crimes.
Fourthly, After the late Kings beheading, the Army, Officers, and other Commoners who continued ſitting at Weſtminſter, without the Majority of the ſecured and ſecluded Members, or Houſe of Lords, and arrogated to themſelves (beyond all former Preſidents) the Name and Title of the Parliament of England, in their Declaration of the 17. Martii, 1648. expreſſing the grounds of their late proceedings againſt the King, aud ſetling the preſent Government in the way of a Free State, p. 7, &c. (which I read to the Excize-man) charged the King, as out-going all his Predeceſſors in cvil, in that after the Loans and other Oppreſsions, which produced that MOST EXCELLENT LAW OF THE PETITION OF RIGHT, most of them were again acted preſently after the Law made againſt them, which was palpably broken by him, almoſt in every part of it, very ſoon after his ſolemn conſent given unto it, BY HIS IMPRISONING and PROSECUTION OF MEMBERS OF PARLIAMENT for oppoſing his unlawfull will, and of divers worthy Merchants FOR REFUSING TO PAY TUNNAGE and POVNDAGE BECAUSE NOT GRANTED BY PARLIAMENT, yet EXACTED BY HIM EXPRESLY AGAINST LAW, and puniſhment of many good Patriots, for not ſubmitting to what ſoever he pleaſed to demand, though NEVER SO MUCH IN BREACH OF THE KNOWN LAW. His deſign to bring in the German Horſe TO AWE US INTO SLAVERY, and his hopes of compleating his Grand Project of *Now revived and impoſed, amounting to forty thouſand pound a Month.SHIP-MONY, TO SUBJECT EVERY MANS ESTATE TO WHATSOEVER PROPORTION HE PLEASED TO IMPOSE UPON THEM.
BUT ABOVE ALL THE ENGLISH *Was it not a thing of more ſtrange impiety and unnaturalneſs in the General and Officers of the Parliaments own Army, raiſed, paved, Commiſſioned, Sworn, and every way engaged for the defence of the Parliament of England, actually to engage and bring up the Army again and again, to Impeach, Secure, Seclude, and Diſſolve both the reall and pretended Parliament of England before and ſince this Declaration?ARMY was laboured by the King TO BE ENGAGED AGAINST THE ENGLISH PARLIAMENT; a thing of THAT STRANGE IMPIETY and UNNATURALNES for THE KING OF ENGLAND, that nothing can anſwer it but his own being a Foreiner, neither could it eaſily have purchaſed belief, but by his ſucceeding viſible actions in full purſuance of the ſame. As the*The Officers and Armies coming in perſon to ſeize forty three Members at once, ſeclude above two hundred more, and the whole Houſe of Lords was certainly a farre greater Offence, eſpecially after the branding of the Kings Act, and his repentance for, and diſclaimer of it. Kings coming in Perſon to the Houſe of Commons to ſeize the five Members, whither he was followed with*But the Army Officers, with ſome Thouſands of the Army, better armed and provided. ſome hundreds of unworthy debauched perſons, armed with Swords and Piſtols, and other Arms, and they attending at the door of the Houſe, ready to execute whatſoever the Leader ſhould command them (but yet ſecured, ſecluded, or offered violence to none, nor ever entred the Houſe, as the Souldiers did both before and ſince.)
Upon all theſe and many other unparralleld Offences, upon his breach of Faith, Oaths, and Proteſtations, and let all the world of indifferent men judge, whether the Parliament (ſo they term themſelves) HAD NOT SUFFICIENT CAUSE TO BRING THE KING TO JUSTICE.
It ſeems ſtrange to me, that any of thoſe who thus remonſtrated againſt the late King, and juſtifie the bringing of him to Juſtice for all and every of thoſe particulars, ſhould before and ſince imitate or exceed him in all and every of thoſe particulars; and more eſpecially in the EXCISE; ſo diametrically contrary to the excellent Law of the Petition of Right, as the premiſes reſolve; which EXCISE he never exacted or put in execution, after the damning of the foreſaid Commiſſion. And let all the world of indifferent men judge, whether the Parliament and people of England, have not as juſt, as ſufficient cauſe to bring them to Juſtice for it; as ever they had, or pretended to have, to bring the King to Juſtice for the ſame: if Rom. 2 1, 2, 3. be either good Law or Goſpel: the rather, becauſe they reſolve in that Declaration, an unaccomptable Officer (as the King pretended himſelf) to be a STRANGE MONSTER IN NATNRE and no wayes to be ſuffered in any State or Government.
5 Whereas the Exciſe man, pretended Exciſe for Hops, to be a duty by vertue of a White Hall late Ordinance, as he termed it: I therupon read unto him the 36 articles of the Government of the Common-wealth of England, &c. viz; That the Laws ſhall not be altered, …uſpended, abregated or repealed; nor ANY NEW LAW MADE, NOR ANY TAX, CHARGE OR IMPOSITION LAID UPON THE PEOPLE, BUT BY COMMON CONSENT IN PARLIAMENT; Save onelyonly as is expreſſed in the thirtieth Article, viz. That the raiſing of money for defraying the charge of preſent extraodinary Forces, both by Land and Sea, in reſpect of the preſent Warres, SHALL BE BY CONSENT IN PARLIAMENT, and NOT OTHERWISE: Save onelyonly that the Lord Protector, with the conſent of the Major part of his Councell, for preventing the diſorders and dangers which may otherwiſe fall out both by Sea and Land, ſhall have power UNTILL THE MEETING OF THE NEXT PARLIAMENT, to raiſe Money for the purpoſes aforeſaid, as alſo to MAKE LAWES and ORDINANCES for the peace and welfare of theſe Nations, where it ſhall be neceſſary, which SHALL BE BINDING & IN FORCE, untill order ſhall be taken in Parliament concerning the ſame. And this clauſe in the oath, p. 46. I do ſwear and promiſe in the preſence of God: that I wil not violate or infringe the matters & things contained therin, but to my power obſerve the ſame, and cauſe them to be obſerved. And ſhal in all other things, to the beſt of my underſtanding GOVERN THESE NATIONS ACCORDING TO THE LAWS, STATUTES and CUSTOMES. Now admit this Inſtrument & Saving to be valid and legal; yet it limiting the Whitehall power of raiſing monies (and that onelyonly for the Forces by Land and ſea in reſpect of the Warres, which are ended) till the meeting of their firſt Parliament (and no longer) which was paſt in their accompt 23 dayes before this demand of Exciſe for Hops, as a duty; thoſe very articles of the Government diſcharged me and all others from it; by vertue of any Whitehall Power or Ordinance. But this ſaving being contrary to the body of the Articles; to all the forementioned Statutes, Great Charter, Petition of Right, Judgements and reſolutions of Parliament, and deſtructive to the Priviledges and Rights of Parliaments themſelves, in whom the Legiſlative and Tax impoſing authority wholly, ſolely and incommunicably reſides, as all our Parliaments Statutes, Law-books, Records, Hiſtories in all ages have reſolved, and the body of theſe two Articles confeſſe, it muſt needs be void and nugatory to all intents and purpoſes in all Lawyers, and judicious mens Judgements, and can give them no legall or reall authority to make binding lawes, Ordinances, or impoſe any Taxes, impoſts, or Exciſes by colour thereof.
If the Parliament it ſelf by ſpeciall Act of Parliament, ſhould give any ſpeciall Committee of Lords and Commons Authority or Power to make binding Statutes, Acts, Ordinances, or to impoſe Taxes on the people, or repeal or alter any former Lawes and Statutes with the Kings Royall aſſent, as the Parliament of 21 R. 2. c. 16, 17, 18, 19, 20. did; yet all ſuch Acts, Ordinances, Laws, Taxes, alterations, repeals of Lawes, would be null and void, though ratified by the Kings conſent, and ought wholly to be revoked, reverſed, voided and undone, repealed and adnulled for ever; as being IN DEROGATION OF THE STATE OF THE PARLIAMENT, TO THE GREAT INCOMODITY OF THE WHOLE REALM, and OF PERNICIOUS EXAMPLE; and NEVER TO BE DRAWN INTO EXAMPLE IN ANY FUTURE TIME, as is declared, reſolved in the Printed Statute of 1. H. 4 c. 3. and more fully in the Parliament Rolls of 1. H. 4. num. 26. 48. 66. 70. worthy peruſall. Much more then muſt the powers granted to any Perſon or Perſons by this Inſtrument (made out of Parliament, by perſons yet unknown for the moſt part) to impoſe any Taxes, or make binding Laws and Ordinance, be null and void to all intents, to oblige our whole three Kingdomes, or any one Engliſh F…een an, or alter, repeal any former Lawes or Statutes of the Realm by which the people are onelyonly to be governed at all times. The Statutes of 31 H. 8. c. 8. and 34 H 8 c. 23 authoriſed the King for the time being with the advice of his Councell or the major part of them, to ſet forth Proclamations, (in ſome caſes onelyonly) under ſuch pains and penalties, as to him and them ſhould ſeem neceſſary; which ſhall be obſerved AS THOƲGH THEY WERE MADE BY ACT OF PARLIAMENT. Provided alwayes that this ſhould not be prejudiciall to any Perſons Inheritances, OFFICES LIBERTIES, GOODS, CASTLES OR LIFE; In the paſſing of which Acts, many liberall words were ſpoken (againſt Proclamations) and a plain Promiſe, (as well as proviſo) made, that by authority of the Act for Proclamations, NOTHING SHOULD BE MADE CONTRARY TO ANY ACT OF PARLIAMENT OR THE COMMON LAW; as aFox Acts and Monuments in the oldest Edition, p. 7. 41 See A New Diſcovery of the Prelates Tyranny, p. 210, 211, 212Stephen Gardiner Biſhop of Wincheſter, records and writes in his Letter to THE LORD PROTECTOƲR in Edward the ſixth his Reign, yet this power was held ſo dangerous, that it was repealed by the Statute of 1 E. 6. c. 12. But never did any Parliament grant any King of England, and his Councel the leaſt power to make binding Laws, and Ordinances, or impoſe Taxes, Cuſtomes, Impoſts or Exciſes in any age, nor to act any thing againſt any ſtatute or the Common-Law; much leſſe againſt the Great Charter and Petition of Right. And therefore this power granted by this new illegall Inſtrument, to all or any at Whitehall, to make binding laws and Ordinances, and impoſe any Taxes, Cuſtomes, Impoſts, or Exciſes, whatſoever is meerly void, null in Law to all intents; and all Ordinances, Laws, Taxes, Exciſes, made and impoſed by pretext thereof, wholly illegall, null and ineffectuall to all intents, and fit to be ſo declared by the whole Nation and their Truſtees, to prevent the dangerous Preſident and conſequences of it in future times) and the monthly Contributions, Exciſes, Impoſts, Cuſtomes impoſed by them for ſundry Moneths, and years yet to come, againſt the very Letter of thirtieth Article, as well as of the forecited Acts, Declarations, and Letter of the Oath therein contained (ſo ſoon after the taking of it) muſt needs be eſteemed and declared void, and no wayes to be owned or ſubmitted to as binding, valid, legall, by my ſelf or any others who have taken the Solemn Proteſtation, League, Vow, and Covenant to maintain and defend the lawes and liberties of the Realm, and Rights and Priviledges of our Engliſh Parliaments in our ſeveral places, and callings, with conſtancy, faithfulneſſe, and ſincerity according to our power, And this was that I then alledged againſt Exciſe in generall.
As to the Exciſe for Hops in ſpecial, and that is to be paid by the owner and grower before any ſale, I proteſted againſt it, as moſt unjuſt, and unreaſonable for three Reaſons.
1. Becauſe men were inforced to pay full Monethly Contributions (though illegally impoſed) all the year long to the value of the Ground and Land whereon the Hops do grow, which yields no other Crop or benefit, but Hops; out of which both the rent to the Landlord, and likewiſe Contribution muſt be raiſed: And to enforce men to pay Exciſe out of that for which they pay full Contribution, without any deduction for the Exciſe: is a double Tax, and oppreſſion for the ſelf ſame thing, and they may as well exact Exciſe for any ſort of Corn, and Hay, as for Hops, without defalcation for the Contribution out of the Land whereon they grow, there being the ſelf ſame reaſon for both.
2. Becauſe Hops are a great certain Charge, and moſt uncertain Commodity and Gain. The laſt year before this, there was ſuch a blight, that I and others, had not the ſixth part of the ready money disburſed out of purſe for the dreſſing and polling of them; and this year the crop of Hops was ſo ſmall, that it would hardly quit the coſt beſtowed in dreſſing, polling, tying, gathering. And to enforce men to pay not onelyonly monethly Contributions, but exciſe likewiſe, for that domeſtick native Commodity, for which they are out of purſe, and ſo great loſers without any gain, is to adde Oppreſſion to affliction; and againſt all Rules of Juſtice and Conſcience.
3. Becauſe by the Common Laws of England no Toll is due for any native vendible Commodity till it be ſold by the Owner, as is reſolved, 9. H. 6. 45. Brook Toll 2. and if a man buy Hops or any other Commodities, for his own private uſe and family, no Toll by the Common Law 28. Aſſ. 53. 9. H. 6. 25 Brook Toll 1. 7. Therefore to exact Exciſe for Hops, before their ſale; before we know when, or to whom, or at what rate to ſell them, or if ſold to any for the uſe of their particular families was both illegall and unreaſonable.
Upon all theſe grounds and Reaſons, I declared and proteſted to the Exciſeman; that I was reſolved upon no terms whatſoever to pay any Exciſe at all for Hops; but to queſtion and oppoſe it to my power according to my Proteſtation, Vow, Solemn League and Covenant, for my own and the whole Nations future caſe from this oppreſſing illegal grievance and Dutch-Devill, as moſt ſtiled it; which I conceived all Patrons of publique Liberty would now cordially and unanimouſly joyn together throughout the Nation, to conjure down to Hell again, from whence it was firſt raiſed by thoſe, who formerly condemned and ſent it packing thither. The Exciſe-man hereupon anſwered with much Civility and reſpect; That he would not have ſuffered any other, ſo to diſpute the buſineſſe with him as I had done: but his reſpects towards me were ſuch, having been an eminent ſufferer heretofore for Religion and Publick liberty, for which he well knew I had ſuſtained very great loſſes in my eſtate, and being a Gentleman whom be truly honoured, that he would by no means bring my name in queſtion; and and herefore my Crop of Hops being ſo mean (which he wiſhed far greater) he would demand nothing from me for them And ſo the Miniſter calling on me, to go to the Sermon; he departed very friendly and fairly to his Iune, and I unto the Church to the Lecture.
Since which being informed, that other Exciſe-men in Gloceſter ſhire have moſt ſtrictly exacted Exciſe for Hops from others of my friends by colour of this Whitehall Ordinance; and that the buyer will be forced to pay Exciſe for my Hops, though nothing be demanded from me; which will be deducted out of the price: although the value conſidered in it ſelf will be very ſmall, yet ſince the conſequence of it, is and will be very great to the whole Nation, as well as prejudiciall to my ſelf and friends, both for the preſent and future; I held it my duty to make this my private Declaration and Proteſtation, publick, for the preſent and future benefit of the whole Engliſh Nation, to whoſe Judgements, Conſciences, Cenſures, I humbly ſubmit it, at this ſeaſon. The rather becauſe it pleaſed God the very next morning after this my Declaration and Proteſtation made to the Exciſe-man, to take out of this vale of Miſery, my dearly-beloved Chriſtian Brother, and fellow ſufferer, for Religion and liberties, Doctor John Baſtwick: And therefore ſeeing I know not how many dayes or hours I may ſurvive him, or whether I ſhall have any more time, or ſo ſeaſonable an opportunity to publiſh any thing of this ſubject, or to do any further ſervice in theſe laſt and perilous times, for the Church and people of God, or my native Countrey, by compleating thoſe larger works, intended by me for poſterity, if God ſhall prolong my life, health and Liberty, I thought meet, whilſt I had life and opportunity, to do what good I could,aProv 3. 27. whiles it was in the power of my hand to do it; and whiles I had this by me. It was our Saviours own Speech and practiſe, John 9. 4. I muſt work the works of him that ſent me, whiles it is day; the night cometh when no man can work. And it is Gods own advice and precept, Eccleſ. 9. 10. Whatſoever thy hand findeth to do, do it with thy might, for there is no work, nor device, nor knowledge, nor wiſdome in the grave, whither thou goeſt: And therefore leſt this ſmall uſefull Piece, (as I conceive it) ſhould dy and periſh with me; I have endeavoured to make it publick,bPſal. 39. 13. before I go hence and be no more: and if it pleaſe almighty God to infuſe ſuch a vigorous ſpirit into it, and beſtow ſuch a tranſcending bleſſing on it, as to make it inſtrumentall by his Omnipotency, to give a mortall wound to all thoſe illegall Exciſes, Taxes, Impoſts, &c. under which our impoveriſhed Nation hath ſo long groaned and languiſhed (in theſe times of cheapneſſe of all Corn, and Countrey Commodities, and ſcarcity of Coyn, is no way able any longer to pay or bear) or to bring them to, or bury them in the grave of perpetuall obſcurity, ſo as never to riſe up again, before I die: I ſhall then with old Simeon joyfully ſing a Nunc dimittis: And if it ſtand with Gods bleſſed pleaſure) ſay with the triumphant Priſoner and martyr of Jeſus Chriſt, Saint Paul, 2 Cor. 4. 6, 7, 8. I am now ready to be offered, and the time of my departure is at hand: I have fought a good fight, I have finiſhed my courſe, I have kept the faith: henceforth there is laid up for me a Crown of righteouſneſſe, which God the righteous Judge ſhall give me at that day, in heaven; after all my Bonds, Impriſonments, Perſecutions, Sufferings, ingrate requitall of my faithfull ſervices for my God and Countrey here on earth.
FINIS.
End of the text · William Prynne, Against the Illegal New Tax (1654)