Legal Vindication of the Liberties of England Against Illegal Taxes, Treatise · Floating text 2 – Floating text 3

Legal Vindication of the Liberties of England Against Illegal Taxes · Treatise · Floating text 2 – Floating text 3

p. 14Die Mercurii quarto Auguſti 1647.

WE the Members of both Houſes of Parliament who abſent our ſelves from the ſervice of the Parliament, p. 1511Was not the armea ſorce, ſecluding and keeeping away most of the Members ſince 1648. ſar worſe than this?by reaſon of the force and violence offered thereunto, by a tumultuous multitude; having received from his Excellency, Sir Thomas Fairfax, a Declaration, entituled, a Declaration of his Exceliency Sir Thomas Fairfax, and his Councel of War, on the behalf of themſelves and the whole Army, ſhewing the grounds of their preſent advance towards the City of London; and having peruſed the ſame, we look upon it as a Declaration full of truth, the matter of fact being well known unto moſt of us, who have been ey and ear witneſſes thereof; full of Chriſtian, noble, and publick aſſection to the good, peace and proſperity of the Kingdome, and full of integrity and faithfulneſſe to the tru… intereſt of the Engliſh Nation; and 22Why have not the Army-Officers, & moſt Members ſubſcribing this Engagement, and making and commending this reſolution kept this reſolution, but apoſtatized from it ever ſince December 6. 1648. and acted quite contrary to it?full of undaunted and generous reſolutions to aſſert the Honour and Freedome of the Parliament, and effectually to vindicate it from the force and violence, whereby it hath been of late trampled under the foot of a Rabble of people, unto which force 33Therefore now much more by the Members acting and continuing force upon the majority.it is ſtill expoſed, ſo as it may be exerciſed upon them at pleaſure: and whileſt the Parliament remains in ſuch a condition, although it be not diſſolvable but by Act of Parl yet it is ſuſpended from acting as a Parliament In all theſe things, and generally throughout, our ſenſe ſo fully agreeth with what is expreſſed in that Dcelaration of the Army, that we cannot but receive it with much approbation, and alſo with great thankfulneſs to God in the firſt place, and next under him, 44They have been faithleſſe more than once or twice to the ſecluded Members, and the Iuncto too ſince this.to this ever faithfull Army, for that tender ſenſe expreſſed therein of our honour and ſecurity, who abſent our ſelves from the Parliament in regard of that force: And for that high Eugagem. of the Armie to live & dy with us in this cauſe. Whereupon we cannot but 55Did you really perform this Engagement by ordering the Army to ſecure and ſeclude the Majority of you… fellow-members, and whole Houſe of Lords heret…fore & twice of late?mutually engage our ſelves, as hereby we do, to live & die with Sir The. Fairfax and the Army, in the vindication of the honour and freedome of the Parliament: And we cannot but obſerve the ſpecial providence of God in holding up ſo extraordinarily 66Have not the Armie & moſt of thoſe ſ…bſeribers ſince Dec. 6. 1648. laid the greateſt reproach … ſorce upon the Nation, & brought & offered greater contempts to the Honour, … eſteem, Privileges, Members of parliament, than the Apprentices or the … men in any age?this Army, & reſerving it to take p. 16off the ſcorn of this Nation, and to raiſe up again from the depth of contempt, that once ſo much honoured, and high eſteemed name of a Parliament.

And whereas in the ſaid Declaration, it is deſired, that we as perſons upon whom 77Is not this the caſe of the ſecluded and excluded Members in reſpect of their Electors and the Kingdom?their publick truſt ſtill remaineth, (though for the preſent we cannot exerciſe the ſame in a Parliamentory way) would adviſe his Excellency and his Councel oſ Wa… inſuch things as may be for the good of the Kingdome; and for the attaining the ends aforeſaid; We do declare, that we ſhall be …ver ready to do it upon all occaſions, in ſuch a capacity as we may, 88Is not this the ſpeech and anſwer of the ſecluded Lords & Commons to the Kingdom and people?till we ſhall be enabled to diſcharge our truſt in a free Parliament, which we conceive we can never do, until the Houſes of Parliament may be abſolute Judges, and Maſters of their own ſecurities, and ſuch 99Is not this the true ſtile and Character of all th…ſe, ſince forcibly ſecluding the Lords and their ſellow Members?Trayterous, audacious offenders, as have endevoured with ſo high a hand to deſtroy the higheſt Authority (as by the particulars ſo fully & clearly expreſſed in the Declaration of the army may appear) ſhal receive condigne puniſhment, or at leaſt the Parliament put in ſuch a condition, as that they may be able to bring them thereunto: And 1010The ſecluded Lords and Commons now t…uſt ſo too.we truſt in God, through his accuſtomed bleſsing up…n this Army and their Aſſiſtants, in their honeſt and just undertakings, the Parliament ſhall ſpeedily be put into a condition to ſit like a Parl. of England; and we hope, that 1111Moſt Counties now begin to do it for their ſecluded Members reſtitution, or a New Free Parliament without limitation.every true hearted Engliſhman will put his helping hand to ſo neceſſary, ſo publick, and ſo honourable a work, as is the vindicating the freedom and honour of Parliament, wherein the freedome and honour of all the free born people of this Nation are involved.

Mancheſter, Speaker of the Houſe of Peers.

**Now ſitting as a Commoner.Sarisbury

Denbigh

Northumberland

Gray of Wark

Mulgrave

Kent

Howard

Say and Seal.

1 William Lenthal Speaker of the Houſe of Commons.

2 Lord Liſle

Tho. Gray

Will. Pierpoint

3 Henry Mildmay

Nathaniel Fiennes

John Fiennes

p. 174 Arthur Haſlerigg

William Armyn

5 James Temple

Edm. Prideaux

6 Miles Corbet

John Danvers

Francis Allin

John Evelin

7 George Fleetwood

George Fennick

John Blackstone

8 Tho. Scot

Tho. Scot Major

9 Roger Hill

10 Henry Martin

11 Cornelius Holland

12 Oliver Saint-Johns

13 William Lemmon

14 William Mounſon

Humphry Edwards

15 John Weaver

16 John Corbett

17 Thomas Liſter

18 Henry Smith

19 Nich. Love

Francis Pierpoint

Henry Lawrence

20 Tho. Ougain

Godfrey Boſwell

21 Henry Darley

22 Tho. Boon

23 Peter Temple

24 Philip Smith

25 Michael Liveſey

Henry Hamond

Gregory Norton

Thomas Jarvice

William Constable

26 William Say

27 Edward Ludlow

28 Edward Dunce

29 John Bingham

30 Augustine Skinner

31 John Trenchard

32 Sam. Mayn

Benjamine Weston

Francis Thurnow.

Rowland Wilſon

Laurence Whitacr…

John Crowder

33 George Piggots

John Bamfield

In all but 58.

Some 10 or more of which ſate in the Houſe in the Speakers abſence, and went not to the Army. Of theſe, 33. are yet living, and ſitting now and then, excluding the Majority of the Houſe by force, and voting them out; 5. of them now living are ſecluded, who ſubſcribed this engagement, the reſt ſince dead. How theſe Subſcribers and ſecluders can look God or men in the face, or juſtify Taxes, Knacks and Proceedings to be legal and Parliamentary, whiles moſt of the Members are kept out by force, after this their ſubſcription and publication to the contrary, under their own hands, let themſelves reſolve.

It will be alſo worth the Enquiry, who was the Pen-man and Contriver of this Engagement.

p. 18Whether it be not more dangerous and treaſonable in thoſe Members who have ſince confederated with the Army to ſeclude the Lords Houſe, and their own Members, than that Engagement of the Citizens, which the ſubfcribers hereof voted to be Treaſonable?

And whether it makes not theſe ſitting Members who ſubſcribed it, pre-ingaged parties, and incompetent Judges of the ſecluded, ejected, and impriſoned Members, who continued ſitting in the Houſe, according to their truſt and duty; and of the accuſed and impriſoned Citizens, who did but defend the Parliament then ſitting, according to their own Votes, Ordinances, Covenant, and their duty?

3ly. By Sir Thomas Fairfax Letter to the Right Honourable the Lord Maior, Aldermen, and Common-council of the City of London.

My Lord and Gentlemen,

YOu may pleaſe to remember the former complyance of this Army with your deſires, to remove to this diſtance, and that upon the aſſurance you gave them of your concurrence with their declared deſires, for the ſetling the liberty and peace of the Kingdom, (againſt which you never yet offered us one exception, or anie ground of diſſent) as alſo of your great tenderneſſe and reſolution to ſecure the Parliament and their privileges, from any violence or attempt; the reaſon given us of your late liſting of new forces, and wherein we did moſt acquieſce.

That upon this confidence we had diſpoſed the Armie into ſeveral parts of the Kingdom; for the eaſe of the whole, to above 100. miles diſtance: we had given up our ſelves to the effecting of ſuch Propoſals as might tend to the comfortable ſettlement of this poor Kingdom, and a hopefull way for the ſpeedy relief of Ireland.

We cannot then but be deeply ſenſible of the 11That on Dec. 6, 7. 1648 and ſince that till now, hath been worſe, longer, and more unparalleld.unparalleld violation acted upon the Parliament, upon Mondy laſt, by a rude multitude from your City, becauſe therein, the Guards ſent from the City did not only neglect their duty for the ſecurity of the Parliament from ſuch violence, p. 19and the whole Citie to yield anie relief to the Houſes in that extremity, but I am aſſured from eye and ear-witneſſes, that divers of the Common-council gave great encouragement to it, which doth not only 22And doth it not gainſay the Armies & Officers Profeſſions, Commiſſions, Proteſtations, Declarations, and other Obligations to protect the Parl. and Secluded Lords & Commons?gain-ſay your former profeſſions, but doth violence to thoſe many Obligations that (by your Charter, Proteſtation, and ſundry other waies) lye upon you to protect the Parliament.

For my part, I cannot but look on your ſelves (who are in authoritie) as accountable to the Kingdom, for your preſent interruptions of that hopefull way of peace and ſettlement, things were in for this Nation, and of relieving Ireland, occaſioned by the late Treaſonable and deſtructive Engagement: Eſpecially the lately prodigious and horrid force done upon the Parliament, 33The force ſince on the Houſes hath effected it.tending to diſſolve all Government; upon which ſcore, we and the whole Kingdom ſhall have cauſe to put every thing of the like nature that may happen to the Parliament, or to any who are friends to them, and this Armie, except by your wiſdom, care, and induſtry, the chief actors may be detected, 44Do not the Officers & Members deſerve to be ſo ſerved, for ſecuring & ſecluding us?ſecured and given up to the procuring of juſtice for the ſame, and the beſt endeavors uſed to prevent the like for the future. And ſo I reſt,

Your moſt aſſured friend to ſerve you, Tho. Fairfax. Bedford, 29 July, 1647.

4ly By a Declaration of Sir Tho. Fairfax, **The Armies Declaration, p. 120, &c.and his Council of War, Auguſt 3. 1647. concerning the Apprentices force upon the Houſes; wherein are theſe obſervable paſſages,

Monday July the ſix and twentieth, the Common-Council of the City preſents their Petitions to both Houſes for changing the Militia, whereon the Houſe of Lords refuſe to alter their reſolutions; the Houſe of Commons anſwered, they would take it into conſideration the next morning. Notwithſtanding which, the City and Kingdome cannot be ignorant with what rage and inſolency the tumult of Apprentices, the ſame day forced both Houſes. p. 20They (1) blockt up their doors, ſwearing, they would keep them in, till they had paſſed what Votes they pleaſed; they wo) Is it not Arrſe for the Mmy and ſitting bloembers to dock up the thors againſt me Lords and moſt of the Comisons? and to oeep them fut of the houſes or ſundry years?threatned the Houſes, if they granted not their deſires, knocking, whooting, and hallowing ſo at the Parliament-doors, that many times the Members could not be heard to ſpeak or debate, not ſuffering the Houſe of Commons to divide for determining ſuch Queſtions, as w…e put, crying out, 22Was not the Armies ſeiſing, ſecluding, pulling and keeping thoſe out who gave their Votes againſt their Deſigns, Dec. 6. 1648. ſhutting them out ever ſince, & impriſoning ſome of them ſundry years, far worſe than this?That thoſe that gave their Votes againſt them, ſhould be ſent out to them; very often and loudly ſaying. Agree, agree, diſpatch, we'l ſtay no longer; and in this outragious manner, they continued at the Houſe door above eight hours together, the City-Guards there preſent nor the City relieving them; by reaſon whereof the Houſe was forced to Vote what that rude multitude would demand, and then adjourned the Houſe till the next morning; After which the Houſe riſing, the Speaker and many Members going out of the Houſe, they (3) forc'd them back again into the Houſe: Many of the Apprentices preſſing in with them, where they ſtood with their hats on their heads, and compelled the Speaker to take the Chair, and the Houſe to vote in their preſence what they pleaſed; committing many other inſolencies, as is publiſhed by the Speaker of the Houſe of Commons in his Declaration, and is too well known by all then preſent; and during the time of this execrable violence done by the ſaid Apprentices, 44It was far worſe to fill them with Soldiers & Troopers, Dec. 6, & 7. and ſince, to ſeelude the moſt of the Members by force.Weſtminster Hall and the Palace yard was fill'd with Reformadoes, and other ill-affected perſons deſigned to back them:

After this the Houſes being adjourned till Friday following, upon the Thurſday, the Apprentices printed and poſted a paper in ſeveral places of the City, requiring all their fellows to be early at the Parliament the next morning, for that they intended to adjourn by ſeven of the clock, and that for a MonethMonth. Thus the Speakrs 55And now ſix times more of them are driven away by the Army.with many of the Members of both Houſes were driven away from the Parliament.

Theſe things being ſeriouſly conſidered by us, we have thought fit in the name of the Army to declare, that all ſuch Members of either Houſe of Parliament as are already p. 21with the Army for the ſecurity of their perſons, and for the ends aforeſaid, are forced to abſent themſelves from Weſtminſter, that 55Do not the people eſteem the ſecluded Members ſu…h, and are not they the ſupreme Authority by the Armies & ſitting Members own Votes, Jan. 4. 1648?we ſhall hold and eſteem them as perſons in whom the publick truſt of the Kingdom is ſtill remaining, though they cannot for the preſent ſit as a Parliament with freedom and ſafety at Weſtminſter, and by whoſe advice and counſels, we deſire to govern our ſelves, in the managing theſe weighty affairs; and to that end we **They went not to them till thus … …ited.invite them to make repair to this Army, to joyn with us in this great cauſe, we being reſolved, and do hereby faithfully oblige our ſelves to ſtand by them therein, and to live and die with them againſt all Oppoſition whatſoever. And in particular, we do hold our ſelves bound to own that honorable act of the Speaker of the Houſe of Commons, who upon the grounds he himſelf expreſſed in his Declaration ſent unto us, hath actually withdrawn himſelf; and hereupon we do further 66And ought not the Army and Engliſh Nation, thus to engage, much more to the now ſecluded Lords and Members?ingage to uſe our utmoſt & ſpeedy endeavours, that he and thoſe Members of either Houſe, that are thus inforced away from their attendance at Weſtminster, may with freedom and ſecurity ſit there, and again diſcharge their truſt, as a free and a legal Parliament: and in the mean time we do declare againſt that late choice of a new Speaker by ſome Gentlemen at Weſtminſter, as 77It is uſual and legal in the Speakers abſence or ſickneſſe.contrary to all right Reaſon, Law, and Cuſtom; and we profeſſs our ſelves to be 88And a…e you not and the Kingdom too, now much more convicted of this truth?moſt clearly ſatisfied in all our Judgements, and are alſo confident the Kingdom will herein concur with us, that as things now ſtand, there is no free nor legal Parliament ſitting, being through the aforeſaid violence at preſent ſuſpended: And 99And are not all ſince Dec. 6. 1648. till now much more null and void, for the ſame reaſon?that the Drders, Votes, or Reſolutions, forced from the Houſes on Monday the 26. of July laſt, as alſo all ſuch as ſhall paſſe in this Aſſembly of ſome few Lords and Gentlemen at Westminſter, under what pretence and colour ſoever, are unto and null, and ought Hot to be ſubmitted unto by the free-born Subjects of England.

And that we may prevent that ſlavery deſigned upon us and the Nation, that the Kingdom may be reſtored to a happy State of a viſible Government, now eclipſed and darkened; we hold our ſelves bound by our duty to God p. 22and the Kingdom, to bring to condign puniſhment the Authors and Promoters of that **Is not yours of Dec. 27. & Jan. 5. 1659. far more unparalleld, to the Parliament, and all the free-born Subjects?unparalleld violence done to the Parliament; and in that to all the free-born Subjects of England, that are or hereafter ſhall be; and therefore we are reſolved to march up towards London, where we do expect, that the well-affected people of that City will deliver up unto us (or otherwiſe put into ſafe Cuſtody, ſo as they may be reſerved to a legal Trial) the 1010Much more then now the excluding Members?eleven impeached Members that have again thruſt themſelves into the management of publick affairs, by this wicked deſign.

And that all others will give us ſuch aſſiſtance therein, 1111And ought not the Army and … Monk n…w to do the like?that the Members of both Houſes may receive due incouragement to return to Westminster, there to ſit with all freedom, and ſo to perform their truſt, as ſhall condues to the ſettlement of this diſtracted Kingdom; and to inflict ſuch puniſhments upon theſe late Offenders, as ſhall deter any for the future to make the like attempt.

Our lives have not been dear unto us for the publick good, and being now reſolved by the aſſiſtance of God, to 1212Are not the ſitting ſecluders of the Lords and majority of the Commons, far greater Delinquents, deſerving greater puniſhment?bring theſe Delinquents to their deſerved puniſhments, as that, than which, there cannot be any thing of more publick concernment to the Kingdom, we truſt (if it ſhall come to that) our bloud ſhall not be accounted too dear a price for the accompliſhment of it. And if any in the City will ingage themſelves againſt us to protect theſe Perſons, and ſo put the Kingdom again into a new and miſerable War, The bloud muſt be laid to the account of ſuch perſons, as are the Authors thereof.

It is our chief aim to ſettle Peace with Truth and Righteouſneſſe throughout the Kingdom, that none may be oppreſſed in his juſt freedom and Liberties, 1313Remember and fulfill theſe Promiſes, now at leaſt, to the Parliament, King & Kingdom, which Croſſe your Engagements. Abjurations of King and Kingſhip, to ſet up an Utopian Commonwealth.much leſſe the Parliament it ſelf: which things being duly ſetled, we ſhall be as ready alſo to aſſure unto the King his juſt Rights and Authority, as any that pretend it never ſo much, for the better upholding of an ill cauſe, and the countenance of tumultuous violence againſt the Parliament: the which our honeſt, juſt, and neceſſary undertakings, as we are reſolved to purſue with the utmoſt hazzard of our lives and fortunes, ſo we doubt not, but we ſhall p. 23find Gods accuſtomed goodneſſe and aſſiſtance with us therein, till we have brought them to a good and happy concluſion, for this poor diſtracted & languiſhing Kingdom.

5ly. By the Ordinance of both Houſes, eagerly promoted by all the fugitive Members engaging with the Army, and now ſitting, as well as others remaining, who condemned and paſſed Votes againſt the Apprentiees tumult during their abſence, and never countenanced it in the leaſt degree, as **Ne dhams Intereſt will not (but) lye.ſome ſcandalouſly, and falſly ſuggeſt.

Die Veneris, 20 Aug. 1647.

An Ordinance for declaring all Ʋotes, Orders, and Ordinances paſſed in One or Both Houſes ſince the force on Both Houſes, July 26. until the 6. of this preſent Auguſt 1647. to be Null and Ʋoyd.

WHereas there was a viſible, horrid, inſolent and actual Force upon the Parliament on Monday the 26. of July laſt: Whereupon the Speakers and **And more ſince their ſecluding and ſecuring Dec. 6. & 7. 1648.many Members of Both Houſes of Parliament, were forced to abſent themſelves from the ſervice of the Parliament; And whereas thoſe Members of the Houſe, could not return to ſit in ſafety, before Friday the 6. of Auguſt. It is therefore declared by the Lords and Commons in Parliament aſſembled, that the Ordinance of Monday the ſaid 26. of July, for the repealing and making void of the Ordinance of the 23. of the ſaid July, for the ſetling of the Militia of the City of London, being gained by force and violence; And all Ʋotes, Orders, Ordinances, paſſed in either or both Houſes of Parliament, ſince the ſaid Ordinance of the 26. of July, to the ſaid 6. of Aug. **Therefore all ſince Dec. 6. till now are void by the ſelf-ſame reaſons.are null and void, and were ſo at the making thereof, & are hereby declared ſo to be, the Parliament being under a force and not free. Provided alwaies, and be it ordained, that no Perſon or Perſons ſhall be impeached for his or their actions by, or upon, or according to the foreſaid Votes, Orders or Ordinances, unleſſe he or they ſhall be found guilty of contriving, acting or abetting the aforeſaid viſible p. 24or actual force; or being preſent at, or hearing of the ſaid force, did afterwards Act upon the Votes ſo forced, &c.

John Brown Cler. Parliamentorum.

This force mentioned in all theſe 5. Declarations, Engagements, and Proteſts againſt it, by the Army-Officers, & fugitive Members, was far inferior and no waies comparable to the force upon the ſecured and ſecluded Members, but far inferior thereto in theſe reſpects. 1. That force was only by a few unarmed tumultuous London Apprentices, who had neither Sword, nor Muſquet, nor Pike, nor Stick in their hands; This upon the ſecluded Members, was by whole Regiments, Troops, Companies of Horſe and Foot, armed with Swords, Muſquets, Pikes, Piſtols. 2. That force was upon this account; only to preſſe the Houſes to repeal an Ordinance ſurreptitiouſly procured to ſettle the Militia of London, without their privities, to the diſſervice of the City and Parliament, paſſed but 3. daies before: Theirs to prevent a ſettlement of the Peace of the Kingdom, upon our vote touching the Kings Anſwer to the Propoſitions of both Houſes, for the publick Peace, Safety, and honour of the Parliament, and three Kingdoms. 3. Their tumult and force laſted but a few houres, and part of one day, and then vaniſhed: That ſecluding and ſecuring the Members, continued ſundry years, and ever ſince the Junctoes two laſt ſittings till this preſent. 4. That force neither ſecluded, nor ſecured, not drove away any one Member from the Houſes during its continuance, but only kept them tumultuouſly in the Houſe till the Ordinance of July 23 was repealed by them, and then vaniſhed: This was purpoſely imployed to ſecure above 40. and ſeclude the Majority of the Members of the Commons Houſe, and whole Houſe of Peers by violence, againſt their Privileges, Truſts, and our Laws; and is ſtill continued for that end. 5. That force cauſed ſome few eminent Members, only to abſent themſelves from the Houſes, and repair to the Army, 3. or 4. daies after the force was ended, upon the Armies invitation, being the far leſſer part of both Houſes; This force ſecured, impriſoned p. 25and actually kept out and drove away 5. parts of 6. from the Houſe, and that by practice and combination of ſome Members of the Houſe, to ſeclude the reſt, leſt they ſhould over-vote them; and ſince by their expreſſe Orders and Commands, kept out by armed guards for that end. 6. This force was by ſuch who were never raiſed, commiſſioned, waged to preſerve the Houſes and Members from violence, that they might freely ſit and vote without diſturbance. This by Souldiers, ſpecially raiſed, commiſſioned, intruſted, paid to defend their perſons and Privileges, freely to ſit and vote without interruption or ſecluſion. 7. That force was condemned, diſowned, by all the Members of both Houſes, as well thoſe who remained ſitting, or thoſe who abſented themſelves. This juſtified, approved, commanded even by thoſe now ſitting, though they condemned it as Treaſonable and Criminal, in theſe Apprentices, and in Cromwel, Lambert, and other Army-Officers ſince, in their own caſes. 8. This inconſiderable force, nulled and made void all Votes, Acts, Ordinances paſſed not only during the continuance of this horrid actual, viſible force upon the Houſes on July 26. but likewiſe from that day till the 6. of Aug. only becauſe thoſe few Members (invited to the Army) were forced, as they affirmed, to abſent themſelves from the ſervice of the Parliament, and could not return to ſit in ſafety before that day, though there was neither force nor guards during that ſpace upon either Houſe to deter or drive them thence. Therfore upon all theſe Conſiderations, The Ordinance, made for this firſt Tax of 90000. (and now for 100000. l. a month) during the forcible ſecuring, ſecluding, of the whole Houſe of Peers, and Majority of the Commons Houſe, muſt much more be null and void, and were ſo at the time of their making to all intents, the Parl. and Houſes being under a more horrid inſolent, viſible and actual force, before and at the making of them, keeping out the Major part of the Members, than ever the Apprentices, or any age were forme… ly guilty of; and ſo no waies obliging the excluded Lords, Members, or any others whatſoever, our ſecluders themſelves, and theſe their Reſolutions being Judges, which do all juſtify the Proteſtation, publiſhed in their names (though not owned by them) Dec. 11. 15, 8. to be no j…ſt cauſe …t p. 26their Ejection by the pretended Ordinance of Dec. 5. made by 3. Lords, and 45. Commoners only, whiles both Houſes were under the Armies force, and ſo be null and void to all intents.

Fourthly, 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 Houſe of Lords, as I have already proved, and largely and irrefragably evidenced, in my Plea for the Lords, and Houſe of Peers; My Levellers Levelled; The 1. and 2. Part of my Regiſter and Survey of Parliamentary Writs; My true and perfect Narrative; and full Declaration of the ſtate of the Caſe of the ſecluded Members; much leſſe can they do it after they ceaſed to be Members by the Parliaments diſſolution through the Kings beheading; Neither were they ever inveſted with any legal power to ſeclude or expel any of their fellow Members (eſpecially, if duly elected) for any Vote wherein the Majority of the Houſe concurred with them, or for voting againſt, or differing in their conſciences and judgements 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 undeniably proved by preſidents and reaſons in my Plea for the Lords, p. 305, to 428. and Ardua Regni, which is further evident by Clauſ. Dorſ. 7 R. 2. M. 32. & Mr. Seldens Titles of Honour, p. 737. Banneret Camoys Caſe, diſcharged from being Knight of the Shire by the Kings Writ and judgement alone, without the Commons vote, becauſe a Peer of the Realm; the practice of expelling Commons by their fellow Commons only, being **See my P…ea for the Lords p. 371, to 419.a late dangerous, unparliamentary uſurpation (unknown to our Anceſtors) deſtructiue to the Privileges and Freedom of Parliaments, and injurious to thoſe Counties, Cities, Boroughs, whoſe Truſtees are ſecluded; the Houſe of Commons it ſelfbeing no Court of Juſtice to give either an Oath or final Sentence, and having no more Authority to diſmember their fellow-Members, than any **Par in pa…em non habet Imperium, vel Juriſdictionem, Bracton, l. 5. c. 15. f. 412.Judges, Juſtices of the peace, or Committees have to disjudge, dis-Juſtice, or diſcommittee their fellow-Judges, Juſtices, or Committee-men, being all of equal authority, and made p. 27Members▪ only 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, expel and reſtore their fellow-Members at their pleaſure, contrary to the practice and reſolution of former ages, to patch up a factious Conventicle, inſtead of an Engliſh Parliament. Therefore this Objection, no waies invalids this firſt Reaſon; why I neither can, nor dare ſubmit to this illegal Tax in conſcience, law, or prudence, which engage me to oppoſe it in all theſe Reſpects.

If any Object, That true it is, the Parliament by the common Law and Cuſtom of the Realm determines by the Kings death; but by the Statute of 17 Caroli, c. 6. which Object.enacts, That this preſent Parliament now aſsembled ſhall not be diſſolved unleſſe it be by Act of Parliament to be paſsed for that purpoſe; continues the Parliament ſtill in being, notwithſtanding the Kings beheading, ſince no Act of Parliament is paſſed for its diſſolution. The only pretext for to ſupport this continuance of the Parliament ſince the Kings violent death.

To this I anſwer, That it is a Maxime in Law, That every Anſw.Statute ought to be expounded according to the intent of thoſe that made it, and the miſchiefs is intended only to prevent, as is reſolved in 4 Edw. 4. 12. 12 Edw. 4. 18. 1 H. 7. 12, 13. Plowd. Com. fol. 369. and Cooks 4. Inſtit. p. 329, 330. Now the intent of the Makers of this Act, and the end of enacting it, was not to prevent the diſſolution of this Parliament by the Kings death, (no wayes intimated nor inſinuated in any clauſe thereof, being a clear unavoidable diſſolution of it to all intents, not provided for by this Law) but by any Writ or Proclamation of the King, by his Regal power, without conſent of both Houſes; which I ſhall manifeſt by theſe Reaſons.

Firſt, From the principal occaſion of making this Act. The King (as the COMMONS in their **Exact Collection, p. 5, 6.Remonſtrance of the ſtate of the Kingdom, 15 Decemb. 1641 complain) had diſſolved all former Parliaments during his Reign, without and againſt both Houſes approbation, to their great diſcontent and the Kingdoms prejudice, as his Father King James had diſſolved others in his Reign: and during their continuance adjourned and prorogued them at their pleaſure. Now the fear of preventing of the like diſſolution, prorogation, p. 28or adjournment of this Parliament after the Scotiſh Armies disbanding, before the things mentioned in the Preamble were effected by the Kings abſolute power, was the only ground and occaſion of this Law (not any fear or thoughts of its diſſolution by the Kings untimely death, then not ſo much as imagined, being before the Wars or Iriſh Rebellion brake forth) the King very healthy, not antient, and likely then to ſurvive this Parliament, and many others, in both Houſes judgement, as appears by the Bill for triennial Parliaments. This undenyable Truth is expreſly declared by the Commons themſelves in their foreſaid Remonſtrance; Exact Collection, p. 5, 6, 14, 17. compared together; where in direct terms they affirm, The abrupt diſſolution of this Parliament is prevented by another Bill, by which it is provided, it ſhall not be diſſolved or adjourned without the conſent of both Houſes: In the Bill for continuance of this preſent Parliament, there ſeems to be ſome reſtraint of the Royal power in diſſolving of Parliaments; not to take it out of the Crown, but to ſuſpend the execution of it for this time and occaſion only; which was ſo neceſſarie for the Kings own ſecurity, and the publick peace, that without it we could not have undertaken any of theſe great charges, but must have left both the Armies to diſorder and confuſion, and the whole Kingdom to blood and rapine.

In which paſſages we have a clear reſolution of the Commons themſelves, immediately after the paſſing of this Act: that its ſcope and intention, was only to provide againſt the Kings abrupt diſſolution of the Parliament by his mere royal power, in ſuſpending the execution of it for this time and occaſion only, and that for the Kings own ſecurity, (not his Heirs and Succeſſors) as well as his peoples peace and ſafety. Therefore not againſt any diſſolution of it by his natural (much leſſe his violent) death; which can no waies be interpreted, an Act of his Royal power, (which they then intended hereby, not to take out of the Crown, but only to ſuſpend the execution of it for this time and occaſion, and that for his ſecurity:) but a natural impotency, or unnatural diſloyalty, which not only ſuſpends the Kings power for a time, but utterly deſtroys and takes away him and it without hopes of revival for ever.

Secondly, the very title of this Act (An Act to prevent Inconveniences p. 29which may happen by the UNTIMELY adjourning, proroguing or DISSOLUTION of this preſent Parliament) intimates as much, compared with the body of it, which provides, as well againſt the adjourning and proroguing of both or either Houſes without an Act of Parliament, as againſt the diſſolution of the Parliament without an Act. Now the Parliament cannot poſſibly be ſaid to be adjourned or prorogued in any way or ſenſe, much leſſe untimely, merely by the Kings death, (which never adjourned or prorogued any Parliament) but only by his Proclamation, writ, or royal command, to the Houſes or their Speakers, executed during his life, as all our Journals, ¶¶61. 3 Parl. 2. Rot Parl. n. 3. 6. 5 R. 2 n 64, 65. 11 R. 2. n 14, 16, 20. … H. 4. n. 2, 7. 27 H. 6. n. 12. 28 H. 6. n. 8, 9, 11. 29 H. 6. n. 10, 11. 31 H. 6 n. 22, 30, 49.Parliaments Rolls and **Cooks 4. Inſtitut p. 25. Dyer, f 203.Lawbooks reſolve, though it may be diſſolved by his death, as well as by his Proclamation, Writ, or royal command. And therefore this title and Act coupling adjourning proroguing and diſſolving this Parliament together, without conſent of both Houſes, by Act of Parliament, intended only a Diſſolution of this Parliament by ſuch Prerogative waies and means by which Parliaments had been untimely adjourned and prorogued as well as diſſolved by the Kings mere will without their aſſents; not of a diſſolution of it by the Kings death, which never adjourned nor prorogued anie Parliament, nor diſſolved any formerly ſitting Parliament in this Kings reign, or his Anceſtors ſince the death of King Hen: the 4th. and King James, the only Parliaments we read of diſſolved by death of the King ſince the Conqueſt; and ſo a miſchief not intended nor remedied by this Act.

Thirdly, The prologue of the Act implies as much; Whereas great ſums of mony must of neceſſity be ſpeedilie advanced and procured for the relief of his Majeſties Army and People (not his Heirs or Succeſſors) in the Northern parts, &c. And for ſupplie of other his Majeſties preſent and urgent occaſions (not his Heirs or Succeſſors future occaſions) which cannot be ſo timely effected as is requiſite, without credit for raiſing the ſaid monies; which credit cannot be attained, untill ſuch obſtacles be firſt removed, which are occaſioned by Fears, Iealouſies and Apprehenſions of divers of his Majeſties Royal Subjects, that the Parliament may be adjourned, prorogued or diſſolved (not by the Kings ſodain p. 30or untimelie death, of which there was then no fear, jealouſie or apprehenſion in any his Majeſties loyal Subjects, but by his royal Prerogative and advice of ill Counſellors) before Juſtice ſhall be duly executed upon Delinquents, (then in being, not ſprung up ſince) publique Grievances (then complained of, not others introduced ſince this Act,) redreſſed; a firm peace betwixt the two Kingdoms of England and Scotland concluded, and before ſufficient proviſions be made for the repayment of the ſaid Monies (not others ſince borrowed) ſo to be raiſed: All which the Commons in this preſent Parliament aſſembled having duly conſidered, do therefore humbly beſeech your Majeſtie, that it may be declared and enacted, &c. All which expreſſions, related TO HIS late Majeſtie onlie, not to his Heirs and Succeſſors; and the principal ſcope of this Act, being to gain preſent credit to raiſe monies to disband the Scotiſh and Engliſh armies then lying upon the Kingdom, manie years ſince accompliſhed; yea Juſtice being ſince executed upon Strafford, Canterbury, and other Delinquents then impeached; the publick Grievances they complained of (as the Star-Chamber, High-Commiſſion, Ship-mony, Tonnage and Poundage, Fines for Knighthood, Biſhops Votes in Parliament, with their Courts and Juriſdictions, and the like) redreſſed by Acts ſoon after paſſed, & a firm peace between both Nations concluded before the Wars began; and this preamble's pretenſions for this Act all fullie ſatisfied divers years before the Kings beheading: it muſt of neceſſity be granted, that this Statute never intended to continue this Parliament on foot after the Kings deceaſe: eſpecially after the ends for which it was made were all fully accompliſhed: and ſo it muſt neceſſarily be diſſolved by his Death.

Fourthly, This is moſt clear by the body of the Act it ſelf: And be it declared and enacted by the King our Soveraign Lord, with the aſſent of the Lords and Commons in this preſent Parliament aſſembled, and by the authority of the ſame, That this preſent Parliament, now aſſembled, ſhall not be diſſolved, unleſſe it be by Act of Parliament to be paſſed for that purpoſe; nor ſhall any time or times during the continuance thereof, be prorogued or adjourned, unleſs p. 31it be by Act of Parliament, to be likewiſe paſſed for that purpoſe. And that the Houſe of Peers ſhall not at any time or times during this preſent Parliament be adjourned, unleſſe it be by Themſelves; or by their own order. And in like manner that the Houfe of Commons ſhall not at any time or times during this preſent Parliament be adjourned, unleſſe it be by Themſelves; or by their own order. Whence it is undeniable, 1. That this act was only for the prevention of the untimely diſſolving, Proroguing and adjourning of that preſent Parliament then aſſembled, and no other. 2. That the King himſelf was the Principal Member of his Parliament, yea, our Soveraign Lord, and the ſole declarer and enacter of this Law, by the Lords and Commons aſsent. 3. That neither this Act for continuing, nor any other for diſsolving, adjourning or proroguing this Parliament, could be made without, but only by and with the Kings Royal aſſent thereto; which the Lords and Commons aſſembled in Parliament, in their **Exact Collect. p. 69, 70, 736, 709, 722.Remonstrance of the 26. of May 1642. oft in terminis acknowledge, together with his Negative Voyce to Bills. 4ly. That it was neither the Kings intention in paſſing this Act to ſhut himſelf out of Parliament, or create both or either Houſe a Parliament without a King, as he profeſſed in his foreign c. 5. p. 27. Nor the Lords nor Commons Intendment to diſmember him from his Parliament, or make themſelves a Parliament without him; as their foreſaid Remonſtrance teſtifies, and the words of the Act import: Neither was it the Kings, Lords or Commons meaning by this Act, to ſet up a Parliament only of Commons (much leſſe of a remnant of a Commons Houſe ſelected by Colonel Pride, and his Confederates of the Army to ſerve their turns, and vote what they preſcribed) without either King or Houſe of Peers; much leſſe to give them any ſuper-tranſcendent authority to vote down and aboliſh the King and Houſe of Lords, and make them no Members of this preſent or any future Parliaments, without their own order or aſſent, againſt which ſo great uſurpation, and late dangerous unparliamentary encroachments this very Act expreſly provides in this clauſe, That the Houſe of Peers (wherein the King ſits as Soveraign when he pleaſeth,) ſhall not at any time p. 32or times during this preſent Parliament be adjourned (much leſs then diſſolved, excluded, or ſuſpended from ſitting or voting, which is greater, and that by their inferiours in all kinds, a Fragment of the Commons Houſe, who can pretend no colour of Juriſdiction over them, before whom they alwaies ſtood bare-headed, like ſo many Grand-Jury-men before the Judges, and attended at their Doors and Bar to know their pleaſures:) unleſſe it be by Themſelves, or by their own Order. 5. That neither the King, Lords nor Commons intended to ſet up a perpetual Parliament, and intail it upon them, their heirs or ſucceſſors for ever, by this act, which would croſs and repeal the Act for triennial Parliaments made at the ſame time, and on the ſame **Brook Parliment 80. Relation 85. Dyer 85.day in Law; but to make proviſion only againſt the untimely diſſolving of this, till the things mentioned in the Preamble were accompliſhed and ſetled; as the Preamble, and theſe oft repeated words, any time or times during the continuance of this preſent Parliament, concludes; and that during His Majeſties reign and life, not after his death; as theſe words, coupled with The Relief of his Majeſties Army and People; and for ſupply of his Majeſties preſent and urgent occaſions in the Preamble, manifeſt. Therefore, this Act can no waies continue it a Parliament after the Kings beheading; much leſſe after the forcible excluſion both of the King and Lords Houſe, and majority of the Commons out of Parliament by thoſe now ſitting, contrary to the very letter and proviſion of this act; by which device the King alone, had he conquered and cut off, or ſecluded by his forces the Lords and Commons Houſes from ſitting, might with much more colour have made himſelf an abſolute Parliament, to impoſe what Taxes and Laws he pleaſed, on the people; without Lords or Commons, or any 40. of the Commons Houſe, or any 7. or 8. Lords concurring with him, ſecluding all the reſt by armed power, make themſelves an abſolute ſtanding Parliament, for him, his heirs and ſucceſſors, by vertue of this act, than thoſe few Commons ſitting ſince his tryal & death do, or can do. 6. The laſt clauſe of this act; And that all and every …ing or things whatſoever done, or to be done, (to wit, by the King or His Authority) for the adjournment, proroguing p. 33or diſſolving of this preſent Parliament, contrary to this preſent Act, ſhall be utterly void and of none effect. Now death, and a diſſolution of this Parliament by the Kings death, cannot (as to the King) be properly ſtiled, a Thing done, or to be done (by Him) for the adjournment, proroguing or diſſolving of this Parliament, contrary to this preſent Act; which cannot make the Kings death utterly void and of none effect, by reſtoring him to his life again. Therefore the diſſolution of the Parl. by the Kings death, is cleerly out of the words and intentions of this Act, eſpecially ſo many years after its Enacting. 7. This preſent Parl. & every Member thereof, being ſpecially ſummoned by the Kings Writ, by the particular name of CAROLƲS REX, not REX in general, only to be His Parliament and Council, and to confer perſonally with Him, of the great and urgent affairs concerning Him and His Kingdom, not his Heirs and Succeſſors; and theſe Writs, and the Elections upon them, returned unto Him and His Court by Indentures, and the perſons ſummoned and choſen by vertue of them, appearing only in His Parliament, for no other ends but thoſe expreſſed in His Writs; it would be both an abſurdity and abſolute impoſſibility to aſſert, that the King, or both Houſes, intended by this Act, to continue this Parliament in being after the Kings beheading or death: unleſſe they that maintain this paradox, be able to inform me and thoſe now ſitting, how they can confer and advice with a dead beheaded King, of things concerning Him and His Kingdom; and that even after they have abjured his Heirs and Succeſſors, and Royal line, and extirpated Monarchy it ſelf, and made it Treaſon to aſſert or revive it; and how they can continue ſtill His Parliament and Council, whoſe head they have cut off; and that without reviving or raiſing him from his grave, or enſtalling His right Heir and Succeſſor in His Throne, to repreſent His Perſon; neither of which they dare to do, for fear of loſing their own Heads and Quarters too, for beheading him. This Tax therefore being impoſed on the Kingdom long after the Kings beheading, and the Parliaments actual and legal diſſolution by it, muſt needs be illegal, and meerly void in Law to all intents; becauſe p. 34not granted nor impoſed in, but totally out of Parliament, by thoſe who were then no Commons nor Members of a Parliament, and had no more authority to impoſe any Tax upon the Kingdom, than any other forty or fifty Commoners whatſoever out of Parliament, who may uſurp the like Authority, by this preſident, to Tax the Kingdom or any County what they pleaſe, (yea the whole 3. Kingdoms of England, Scotland, and Ireland, as they now preſume) and then levy it by an Army or force of Armes, to the peoples infinite, endleſſe oppreſſion and undoing. This is my firſt and principal exception againſt the Legality of this Tax, and others they ſhall impoſe, which I deſire the Impoſers and Levyers of it moſt ſeriouſly to conſider, and challenge them all to Anſwer if they can, for our 3. Kingdoms preſent, and poſterities ſatisfaction, by other Arguments than Impriſonments, cloſe Impriſonments, Piſtols, Swords, and armed violence, and that upon theſe important conſiderations from their own late Declarations.

Firſt, themſelves in their own Declaration of the 9th. of February, 1648. have proteſted to the whole Kingdom: That they are fully reſolved to maintain, and ſhall and will uphold, preſerve, and keep the fundamental Laws of this Nation, for, and concerning the preſervation of the Lives, Properties and Liberties of the people, with all things incident thereunto: Which how it will ſtand with the former, and this new Tax impoſed by them out of Parliament, or in a thin Houſe under force, or their Act concerning New Treaſons; I deſire they would fatisfie the Kingdom, before they levy the one, or proceed upon the other againſt any of their fellow-Subjects, by meer arbitrary armed power againſt Law and Right.

Secondly, Themſelves in their Declaration expreſſing the grounds of their late proceedings, and ſetling the preſent Government in way of a Free-State, dated 17 Martii, 1648. engage themſelves: 1. To procure the well-being of thoſe whom they ſerve: to renounce oppreſſion, arbitrary power, and all oppoſition to the Peace and Freedom of the Nation: And to prevent to their power, the reviving of Tyranny, Injuſtice, and all former evils (the only end and duty of all their Labours) to the ſatisfaction of all concerned in it. 2. They charge the p. 35late King for exeeeding all his Predeoeeſſors in the deſtruction of thoſe whom he was bound to preſerve; To manifeſt which they inſtance in The Loans, unlawfull Impriſonments, and othec Oppreſsions which produced that excellent Law of the Petition of Right; which were moſt of them again acted, preſently after the Law made againſt them, which was most palpably broken by him, almost in every part of it, very ſoon after his Solemn Conſent given unto it. 11Is not this the Armies and their own late and preſent practice?His impriſoning and proſecuting Members of Parliament, for oppoſing His unlawfull Will: and of divers 22Alderman Chambers the eminenteſt of them, is yet ſince this Declaration diſcharged by you for his loyalty and conſcience only.worthy Merchants for refuſing to pay Tonnage and Poundage, becauſe not granted by Parliament; yet 33And is it not ſo by you now, and t…anſmirted unto the Exchequer to be levied?exacted by HIM expreſly againſt Law; & puniſhment of many 44And do not you now the ſame, ye…, ſome of them verie good Patriots?good Patriots for not ſubmitting to whatſoever he pleaſed to demand, though never ſo much in breach of the known Law. The multitude of Projects and Mouopolies establiſhed by Him. His deſign and charge to bring in 55Are not the Generals and Armies Horſes and Foot too, kept up and continued among us for that purpoſe, being ſome of them Germans too?German-Horſe, to awe us into ſlavery: and his hopes of compleating all by His grand project of 66Not one quarter ſo g…ievous as the late and preſent Taxes, Exciſes, Cuſtoms, impoſed by you for the like purpoſe.Ship-mony, to ſubject every mans Eſtate to whatſoever Proportion He pleaſeth to impoſe upon them. But above all the Engliſh Army was laboured by the King to be engaged againſt the Engliſh Parliament. A thing of that 77And is it not more unnatural in thoſe now ſitting, to engage the Engliſh Army, raiſed by the Parliament of England, and convenanting to defend it from violence, againſt the verie Parliament of England and its Members, to ſeclude, exclude, and eject the majoritie of their Fellow Members, and whole Houſe of Peers, by their Votes and Commands, and that ſucceſſively twice after one another, and yet to own and ſupport this Army without …ighting thoſe Members?ſtrange impiety and unnaturalneſs for the King of England, to ſheath their ſwords in one anothers bowels, that nothing can anſwer it but his own being a Foreiner: p. 36neither could it have eaſily purchaſed belief, but by his ſucceeding viſible actions in full purſuance of the ſame. As the Kings coming in perſon to the 88Was not Pride's and the Armies comming thither to ſeiſe, and actually ſeiſing above Forty, and ſecluding above two hundred Members, with Thouſands of a…med Horſe and Foot; And their ſuppreſſing the Houſe of Lords, and re ſecluding the Members by armed Guards on May 7, & 9. & Dec. 27. 1659. a thouſand times a greater offence, eſpeciallie after ſo many Declarations of the Houſes againſt this of the Kings?Houſe of Commons to ſeiſe the five Members, whither he was followed 99Was not Humphry Edwards now ſitting, (an unduly elected Member,) one of them thus armed?with 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 their Leader ſhould command them. The oppreſſions of the Council-Table, Star-Chamber, High-Commiſſion, Court-Martial, Wardſhips, Purveyances, Afforeſtations, and many others of like nature, (equalled, if not far exceeded now by ſundry arbitrary Committees and Sub-Committee, to name no others, in all manner of Oppreſſions and Injuſtice) concluding thus: Ʋpon all theſe and many other unparallel'd offences, upon his breach of Faith, of Oaths and Protestations; upon the cry of the blood of England and Ireland: upon the tears of Widows ond Orphans, and childleſs Parents, and millions of perſons undone by him, let all the world of indifferent men judge, whether the Parliament (you mean your ſelves only which made this Declaration) had not ſufficient cauſe to bring the King to Iuſtice? And much more the whole Kingdom, and ſecluded Lords and Members, to bring you to publick Juſtice; ſinee you not only imitate, but far exceed him in all and every of theſe, even by your own verdict.

3. Themſelves charge the King with profuſe Donations of Salaries and Penſions to ſuch as were found, or might be made fit Inſtruments and Promoters of Tyranny: which were ſupplied not by the legal juſtifiable revenue of the Crown, but by Projects and illegal waies of draining the Peoples purſes. All which miſchiefs and grievances they ſay will be prevented in their free State, though the quite contrarie way; as appears by the late large Donations of ſome thouſands to Mr. **Henrie Martin is accomptable to the State for above 8700 l. which the Committee of Accounts in two years time could never bring him to account for, and yet hath 3000 pound voted him lately for moneys pretended to be di…burſed; to whom and ſor what quae…e.Henry Martin, the Lord Liſle, Commiſſary General p. 37Ireton, Cromwell, and others of their Members and Inſtruments, upon pretence of arrears, or ſervice, and that out of the monies now impoſed for the relief of Ireland, and other publick Taxes, Cuſtoms, Lands and Revenues. And muſt we pay Taxes to be thus prodigally given away and expended?

4. They therein promiſe and engage, That the good old Laws and Cuſtoms of England, the badges of our Freedom, (the benefit whereof our Ancestors enjoyed long before the conqueſt, and ſpent much of their blood to have confirmed by the great Charter of the Liberties) and other excellent laws which have continued in all former changes, and being duly executed, are the moſt juſt, free, and equal of any other laws in the world, ſhall be duly continued and maintained by them; the liberty, property and peace of the Subject being ſo fully preſerbed by them, and the common interest of thoſe whom they ſerve. And if thoſe laws ſhould be taken away, all Industry muſt ceaſe; all miſery, blood and confuſion would follow, and greater Calamities, then fell upon us by the late Kings Miſ-government, would certainly involve all perſons, under which they muſt inevitably periſh. How well they have performed this part of their Remonſtrance, let their proceedings in their High Courts of Juſtice, the long Impriſoments and cloſe Impriſonments of my ſelf, and other their Fellow-Members, their acts for new Treaſons and Delinquents, and ejecting their Fellow-Members and Lords out of Parliament, without the leaſt Impeachment, Tryal, Accuſation, their Impriſonment of Sir Robert Pye, the Kentiſh Gentlemen, and others, for demanding a Free Parliament, fair and free elections, reſtitution of the ſecluded Members, &c. determine.

5. They therein expreſly promiſe, p. 26. To order the revenue in ſuch away, That the publick charges may be defrayed, The Souldiers pay juſtlie and duly ſetled, That free-quarter may be wholy taken away, and the People eaſed of their Burthens and Taxes: And is this now all the eaſe we feel; to have all Burthens and Taxes thus augmented, doubled, trebled, paid in near a year before hand, and then new and greater Taxes impoſed on them for thoſe verie Months they have paid in their old proportion before hand, beyond all p. 38Preſidents of Tyranny and oppreſſion in any age, and that by pretended acts made out of Parliament, againſt all theſe good old Laws and Statutes, our Liberties and Properties, which theſe worſe than Aegyptian Tax-Masters have ſo newly and deeply engaged themſelves to maintain and preſerve without the leaſt diminution and violation?

6. That this very Juncto, in their Act (as they ſtile it) made and publiſhed, Octob. 11. 1659. intituled an Act againſt the raiſing of Monies upon the people, without their common conſent in Parliament; enact and declare, That no Perſon or Perſons, ſhall after the XI. of October, 1659. aſſeſſe, levy, collect, gather or receive any cuſtoms impoſts, exciſe, aſſeſment, contribution, tax, tallage, or any ſum or ſums of mony, or other Impoſition whatſoever, upon the People or Commonwealth, without their conſent in Parliament, or as by Law might have been done before the 3. of November 1640. And it is further enacted and declared, that every Perſon offending contrary to this Act, ſhall be, and is hereby adjudged guilty of High Treaſon, and ſhall ſuffer and forfeit as in caſe of High Treaſon. Which **In their p…rliament… P. a, p. 5, 6, 7.ſome of them have declared, to be the Fundamental and old Law of England, againſt which no By-Law is to be made, and one of the main Birth-rights of England. Therefore themſelves by aſſeſſing and impoſing many former Customs, Imposts, Exciſes, Aſſeſments and contributions on the people; and this of one hundred thouſand pounds a Month, for 6. Month Jan. 26. 1659. See A Full Declaration of the true ſtate of the Caſe of the ſecluded Members p. 55, &c.without Common conſent in Parliament, when and whiles 26. of the greateſt Counties in England, and 11. Shires in Wales, 14. whole Cities, and moſt Boroughs in England, have not ſo much as one Knight, Citizen or Burgeſs ſitting with them to repreſent them, and 9. Engliſh Counties no more but one Knight, and but 4. Counties, and 2. Cities alone, and not above 3. or 4. Boroughs their full numbers of Knights, Citizens and Burgeſſes, ſitting with them to repreſent them; all the reſt to the number of 420. Members, beſides the whole Houſe of Lords, being forcibly excluded or dead; by the tenor of their own Act and Decl. are adjudged guilty of High Treaſon, and ought to ſuffer and forfeit as in caſe of Treaſon, and all thoſe Commiſſioners named in their Act, amounting p. 39to above one thouſand, and all Aſſeſſors, Collectors and Treaſurers under them, who ſhall aſſeſse, levy, collect, gather or receive the ſame, ſhall incur the guilt of Treaſon, and ſuffer and forfeit as in caſe of High Treaſon; and their real and perſonal Eſtates, be confiſcated to pay the publick debts, and Souldiers arrears.

7. That this Anti-Parliamentary Convention, in their late Declaration of Jan. 24. have publiſhed and declared to the world, That they are reſolved to remain conſtane and immovable, that the people of theſe Nations may be governed from time to time by Repreſentatives of Parliament, choſen by themſelves. That they ſhould be governed by the Laws, That all proceedings touching the Laws, Liberties and Eſtates of the free-people of the Commonwealth, ſhall be according to the Laws of the Land; It being their principal care to provideagainſt all arbitrarineſſe in Government. And that it is one of the greateſt cares they have upon them, how to give the people that eaſe, from their preſent burthens, which their (undone) condicion calls for. Which how well and faithfully they have performed, and not rather moſt notoriouſly violated, let the whole world, God, Angels, Men, determin, by their impoſing a Monthly Tax of one hundred thouſand pounds a Month, for the 6. next Months, they had paid and advanced before hand: By ordering Gen. Monk by a Vote of their Council of State, at Whitehall (afterwards ratiſied by a Vote, at Westminster when executed) the 9. of this inſtant February, to march with all his Forces into the City of London, to ſeize and impriſon 2. of their Aldermen, and ſundry of their Common-Council men in the Tower, to pull down and deſtroy the Gates and Portculleſses of the City; To diſcontinue, null and void the Common-Council of the City of London for this year, by ordering a Bill for the choice of another Common-Council, with ſuch Qualifications as the Juncto ſhall think fit; which was accordingly executed, and then ratified and approved by their Votes; and by commanding him afterwards to demand the City Arms, & to diſarm them by force, if they deliver them not upon demands s and all becauſe the Common-Council upon a Petition of the Citizens, and Remonſtrance of the Gentlemen, Miniſters and Freeholders p. 40of Warwickshire, and other Counties Febr. 8. voted and reſolved; That no Perſon or Perſons whatſoever, might impoſe any Laws or Taxes upon the City and Citizens, untill the Authority thereof be derived from their Repreſentatives in a full and free Parliament. And all this without and before the leaſt hearing or examination of the City and Common-Council: a Tyranny, Indignity, Diſhonour and Ingratitude not to be paralleld, and never offered in any age to the City and Citizens before by any of our Kings, for the higheſt Treaſons againſt them, at leaſt before hearing and convicti…; much leſſe only for demanding and claiming the benefit of thoſe Fundamental Laws and Privileges, for whoſe defence they had ſo lately expended ſo many Millions of Treaſure, and Thouſands of their lives, to defend them according to theſe their freſh Declarations, and Acts encouraging them thereunto; (and that after all their former Obligations and Indearments to the City upon all occaſions, and the beheaded Kings free Confirmation of all their former Charters, Liberties, Privileges, Militia, and enlargements of the ſame, at the Treaty in the Iſle of Wight, notwithſtanding their taking up Armes againſt him in the Parliaments defence) may now juſtly irritate and engage the City of London, and all other Cities, Boroughs, Corporations and Counties of this Realm, unanimouſly to oppoſe the preſent and all other Taxes and Exciſes whatſoever, impoſed on them by theſe Oppreſſors, and put their own Act in vigorous execution againſt them, as the worſt of Tyrants, and Invaders of their Liberties.

Thirdly, Both Houſes of Parliament joyntly, and the Houſe of Commons ſeverally in the late Parliament, with the approbation of all, and conſent of moſt now ſitting, did in ſundry ¶¶Exact Collection, p. 5, 6, 7, 14, 342, 492.Romonſtrances and Declarations, publiſhed to the Kingdom, not only Tax the King and his evil Counſellors, for impoſing illegal Taxes on the Subjects, contrary to the forecited Acts; the maintenance whereof against all future violations and invaſions of the Peoples Liberties and Properties they made one principal ground of our late bloody expenſive war; but likewiſe profeſſed **Exact Collection, p. 28, 29, 214, 263, 270, 491, 492, 495, 496, 497, 600.That they were ſpecially choſen and intrusted by the Kingdom in Parliament, and owned it as their duty to hazzard p. 41their own lives and eſtates, for preſervation of thoſe Laws and Liberties, and uſe their beſt endeavours that the meaneſt of the Commonalty MIGHT ENJOY THEM AS THEIR BIRTH-RIGHTS, as well as the greateſt Subject. That every honeſt man, (eſpecially thoſe who have taken the late Proteſtation, and Solemn League and Covenant ſince) is bound to defend the Laws and Liberties of the kingdom againſt Will and Power, which impoſed what payments they thought fit to drain the Subjects Purſes, and ſupply thoſe Neceſſities (which their ill Counſel had brought upon the King and Kingdom.) And that they would be ready to live and dye with thoſe worthy and true-hearted Patriots of the Gentry of this Nation and others, who were ready to lay down their lives and fortunes, for the maintenance of their Laws and Liberties: with many ſuch like expreſſions. Which muſt needs engage me (a Member of that Parliament, and Patriot of my Country) with all my ſtrength and power to oppoſe this injurious Tax, impoſed out of Parliament, though with the hazard of my life and fortunes; wherein all thoſe late ſecluded Lords and Members who have joyned in theſe Remonstrances are engaged by them to ſecond me, under pain of being adjudged unworthy for ever hereafter to ſit in any Parliament, or to be truſted by their Counties and thoſe for whom they ſerved. And ſo much the rather to vindicate the late Houſes honour and reputation from thoſe predictions and printed aſperſions of the beheaded King, now verified as undeniable experimented truths by the Antiparliamentary ſitting Juncto; **Exact Collect. p. 285, 286, 298, 320. 32a, 378, 379, 381, 513, 514, 515, &c. 618, 619, 623, 647, &c. 671, 679, &c. A Collect. &c. p. 100, 102, &c. 117.That the maintenance of the Laws, Liberties, Properties of the People, were but only gilded Diſſimulations, and ſpecious pretences to get power into their own hands, thereby to enable them to deſtroy and ſubvert both Laws, Liberties and Properties at laſt, and not any thing like them; to introduce Anarchy, Democracy, Parity, Tyranny in the Higheſt degree, and new forms of arbitrary Government, and leave neither King nor Gentleman: all which the people ſhould too late diſcover to their coſts, and that they had obtained nothing by adhering to and complyance with them, but to enſlave and undo themſelves, and to be at laſt destroyed. Which royal Predictions many complain, p. 42and all experimentally …ind too trulie verified by thoſe who now bear rule, under rhe Nam… and viſour of the Parliament of England, ſince its diſſolution by the Kings decapitation, and the Armies impriſoning and ſecluſion of the Members and Lords, who above all others are obliged to diſprove them by their Actions, as well as Declarations to the people, who regard not words but real performances from theſe new Keepers of their Liberties, eſpecially in this FIRST YEAR OF ENGLANDS FREEDOM engraven on all their publick Seals, which elſe will but ſeal their Selfdamnation, and proclaim them the Archeſt Impoſtors under Heaven; and now again in their 3. Seſſion, after their two ſodain and forcible Diſſolutions.

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 void; others of them elected by new illegal Writs under a new kind of Seal, without the Kings Authority, Stile or Seal, and that ſince the Kings beheading, as the Earl of Pembroke, and Lord Edward Howard, uncapable of being Knights or Burgeſſes by the Common-law or Cuſtom 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. aſſerted by Mr. Selden in his Titles of Honor, part 2. c. 5. p. 737. ſeconded by Sir Edward Cook in his 4. Inſtitut. p. 1, 4, 5, 46, 47, 49. and I have proved at large in my Plea for the Lords and Houſe of Peers,) As I ſhould admit theſe to be lawfull Members, and their unlawfull void Writs to be good in Law; ſo ſhould I tacitly admit, & ex post facto aſſent to ſome particulars againſt my knowledge, judgement, conſcience, Oaths of Supremacy, Allegiance, P…otestation, and Solemn League and Covenant, taken in the preſence of God himſelf, with a ſincere heart and real intention to perform the ſame, and perſevere therein all the dayes of my life, without ſuffering my ſelf directly or indirectly, by whatſoever combination, perſwaſion or terror to be withdrawn 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 p. 43Members of the Commons Houſe, without either King, Lords, or moſt of their Fellow-Commons: which the very Conſciences and Judgements of all now ſitting, that know any thing of Parliaments, and the whole Kingdom if they durſt ſpeak their Knowledge, know and believe to be falſe, yea againſt their Oaths and Covenant. Secondly, That this Parliament (ſo unduly conſtituted, and packed by power of an army combining with them) hath a juſt and lawfull authority to violate the Privileges, Rights, Freedoms, Cuſtoms, and alter the Conſtitution of our Parliaments themſelves; impriſon, ſeclude, expel moſt of their Fellow-Members for voting according to their Conſciences; to repeal what Votes, Ordinances and Acts of Parliament they pleaſe, 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 Martial law, contrary to Magna Carta, the Petition of Right, and Law of the Land: diſ-inherit the Kings poſterity of the Crown, extirpate Monarchy, and the whole Houſe of Peers, change and ſubvert the antient Government, Seals, Laws, Writs, legal proceedings, Courts, and coin of the Kingdom; ſell and diſpoſe of all the Lands, Revenues, Jewels, Goods of the Crown, with the Lands of Deans and Chapters, as they think meet; abſolve themſelves (like ſo many Antichriſtian Popes) with all the Subjects of England and Ireland, from all the Oaths and Engagements they have made TO THE KINGS MAJESTY, HIS HEIRS AND SUCCESSORS: yea, from their verie Oath of Allegiance, notwithſtanding this expreſſe clauſe in it (which I deſire may be ſeriouſly and conſcienciouſly conſidered by all who have ſworn it) I do believe 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 authoritie to be lawfully miniſtred unto me, and do renounce all pardons and diſpenſations to the contrary; and to diſpence with our Proteſtations, Solemn League and Covenant ſo lately and **A Collect. &c. p. 327, 358, 359. 399, 404, 416, 420, &c. 694, 751, 768, 769, 798, 802, 806, &c. 879, 889.zealouſly urged and injoyned by both Houſes on Members, Officers, Miniſters, and all ſorts of People throughout the Realm; to diſpoſe of all the Forts, p. 44Ships, Forces, Offices and Places of Honour, Power, Truſt or Profit within the Kingdom to whom they pleaſe; to diſplace and remove whom they will from their Offices, Truſts, Penſions, Callings, at their pleaſures, without any legal cauſe or trial: to make what new Acts, Laws, and reverſe what old ones they think meet, to inſnare, inthrall our Conſciences, Eſtates, Liberties, Lives: to create new▪ monſtrous Treaſons never heard of in the world before; and declare real Treaſons againſt King, Kingdom, Parliament, to be no Treaſons, and Loyalty, Allegiance, due Obedience to our known Laws, and conſciencious obſerving of our Oaths and Covenants (the breach whereof would render us actual Traytors, and perjurious Perſons) to be no leſſe than High Treaſon, for which they may juſtly impriſon, diſmember, disfranchiſe, diſplace and fine us at their wills (as they have done ſome of late) and confiſcate our Perſons, Lives to the Gallows, and our eſtates to their new Exchequer; (a Tyranny beyond all Tyrannies ever heard of in our Nation, repealing Magna Charta, c. 29. 5 E. 3. c. 6. 25 Ed. 3. c. 4. 28 Ed. 3. c. 3. 37. E. 3. c. 18. 42 E. 3. c. 3. 25 Ed. 3. c. 2. 11 R. 2. c. 4. 1 H. 4. c. 10. 2 H. 4. Rot. Par. N. 60. 1 E. 6. c. 12. 1 Mar. c. 1. The Petition of Right, 3 Caroli, the Statutes made in the begining of the Parliament, 16 Caroli c. 1, 7, 8, 10, 12, 14, 20. and laying all our **See Cooks 3 Inſtit. p. 1. 21, 22, 23.Laws, Liberties, Eſtates, Lives in the very duſt, after ſo many bloody and coſtly years wars, to defend them againſt the Kings and others invaſions) raiſe and keep up what forces they will by Sea and Land, impoſe what heavy Taxes they pleaſe, and renew, increaſe multiply and perpetuate them on us, and on Scotland and Ireland too, which no Engliſh Parliament ever did before, as often and as long as they pleaſe, to ſupport their own encroached, more then Regal, Parliamental, Super-tranſcendent Arbitrary power over us, and all that is ours or the Kingdoms, at our private and the publick charge, againſt our wills, judgements, conſciences, to our abſolute enſlaving, and our three Kingdoms ruine, by engaging them one againſt another in new Civil wars; and expoſing us for a prey to our Forein Enemies. All which, with other particulars, lately acted and avowed by the Impoſers of this Tax, and ſundry others ſince p. 45by colour of that pretended Parliamentary Authority by which they have impoſed it, I muſt neceſſarily admit, acknowledge to be juſt and legal by my voluntary payment of it, on purpoſe to maintain an Army, to juſtifie and make good all this by the meer power of the Sword, which they can no waies juſtifie and defend by the Laws of God or the Realm, or the leaſt colour of reaſon, juſtice, honeſty, religion, conſcience, before any Tribunal of God or Men, when legally arraigned, as they may 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 yield to this Aſſeſment.

Thirdly, the principal ends and uſes propoſed in the pr… tended Acts and Warrants thereupon for payment of this Tax, and other Taxes ſince, are ſtrong obligations to me, in point of Coùſcience, Law, Prudence, to withſtand it; which I ſhall particularly diſcuſſe

The Firſt is, the maintenante and continuance of the pr… ſent Army and Forces in England under the Lord Fairfax, Cromwell, and other Commanders ſince. To which I ſay, Firſt, as I ſhall with all readineſſe, gratitude and due reſpect, acknowledge their former Gallantry, good and faithfull Services to the Parliament and Kingdom, whiles they continued dutifull and conſtant to their firſt Engagements, and the ends for which they were raiſed by both Houſes, as far forth as any man; ſo in regard of their late monſtrous defections, and dangerous Apoſtacies from their primitive obedience, faithfulneſſe, and engagements in diſobeying the Commands, and levying open war againſt both Houſes of Parliament, keeping an horrid force upon them at their very doors; ſeiſing, impriſoning, ſecluding, abuſing, and forcing away their Members, printing and publiſhing many high and treaſonable Declarations againſt the Inſtitution, Privileges, Members and Proceedings of the late, and being of all futur… Parliaments; impriſoning, abuſing, arraigning, condemning and executing our late King, againſt the Votes, Faith, and Engagements of both Houſes, and diſ-inheriting His poſterity, uſurping the Regal, Parliamental, Magiſtratical, p. 46and Eccleſiaſtical power of the Kingdom to their General-Council of Officers of the Army, and Anti-Parliamentary Conventicles, as the ſupreme ſwaying Authority of the Kingdom, and attempting to alter and ſubvert the antient Government, Parliaments, Laws, and Cuſtoms of our Realms. 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, **Can or will the expulſed King himſelf or his Heirs ſay more, or ſo much as theſe, if he invade and conquer us by forein forces? And were it not better for us then to ſubmit to our lawfull King, than to ſo many thouſand perfidious uſurping pretended Conquerors of us, who of late pretended only they were no other but our Servants, not Lords and Conquerors?That the whole Kingdom, with all our Lands, Houſes, Goods and whatſoever we have, is theirs, and that by right of Conqueſt, they having twice conquered the Kingdom: That we are but their conquered Slaves and Vaſſals, and they the Lords and Heads of the Kingdom: That our very lives are at their mercy and 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 ſeize 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 believe 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 unto, 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 privileges of Parliament, and liberty of the Subject, pulled me forcibly from the Commons Houſe, and kept me Priſoner about 2. months ſpace under their Martial, to my great expence and prejudice, and ſince that, cloſe Priſoner near 3. whole years in Dunſter, Taunton and Pendennis Caſtles, and thrice forcibly excluded me and other Members out of the Houſe, May 7. and 9. and Decemb. 27. 1659. 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 unparallel'd injuſtice, or acknowledging their offence (and yet detain ſome of my then fellow-Members under cuſtody by the meer power p. 47of the Sword, without bringing them to Trial) would be, not …ly abſurd, unreaſonable, and a tacit juſtification of this h…rrid violence, and breath of Privilege, but monſtrous, unnatural, 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 the common good, and defence thereof againſt forein Enemies, or Domeſtique Traytors and Rebels, as is clear by the Stat. of 25 E. 1. c. 6. all Acts for Taxes, Subſidi…s, Tenths, Aydes, Tonnage and Poundage, & 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 whole Kingdom with Scotland and Ireland are generally exhauſted by the late 18. years Wars, Plunders and heavy Taxes; there being more monies levyed on it by both ſides, during theſe 18. laſt years, than 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 adde, 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. The heavie Contributions to ſupport the Army, which deſtroy all Trade, by fore-ſtalling, engroſſing moſt of the Monies of the Kingdoms, and enhancing their prices, keeping many thouſands of able men and horſes idle, only like moths, and locuſts to conſume other labouring mens proviſions, eſtates, and the publick Treaſure of the Kingdoms, when as their employment in their Trades and Callings, might much advance trading, and enrich the Kingdoms. 4. There is now no viſible Enemy in the field or elſewhere, and the fitting 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 p. 48debts and payments, when charged with ſo many great Arrears and Debts already, to eat up the Count…y 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 of late the Levellers, and Cromwelliſts did, (when this was written) and the Lambardiſts and Rumpiſts ſince, 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 Garriſons in the Kingdom, this whole Army by its primitive Eſtabliſhment, conſiſted but of twenty two thouſand Horſe, Dragoons and Foot, and had an Eſtabliſhment only of about Fortie five thouſand pounds a month for their pay, which both Houſes then thought ſufficient, as is evident by their ooA Collect. &c. p. 599, 876.Ordinances of Febr. 15. 1644. and April 4 1646. And when the Army was much increaſed without their Order, ſixty thouſand pounds a month was thought abundantly ſufficient by the Officers and Army themſelves, to disband and reduce all ſuper-numeraries, maintain the Eſtabliſhed Army and Garriſons, and eaſe the Country of all Free-quarter; which Tax hath been conſtantly pain 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 enacted, beſide the ſixty for the Army) and this for the common good of the Realm, and that the Taxes ſince ſhould be mounted to 120. thouſand pounds each month and now again to one hundred thouſand pounds for thoſe 6. months, for which they have paid in 35. thouſand pounds, 9. months ſince before hand; only to murther our Protestant Brethren, and Allies of Scotland and Holland, deſtroy and oppreſſe each other, and keep up an Anti-Parliamentary Conventicle of Tyrants and Ʋſurpers, to undo, enſlave and ruine our Kingdoms, Parliaments, and their Privileges, againſt all their former Oaths, Proteſtations, Declarations, Covenants, is a riddle unto me, on rather, a Myſtery of Iniquity▪ for ſome mens private …re, … p. 49than the publick weal. 6. The Militias of every County (for which there was ſo great conteſt in Parliament with the late King) and thoſe Perſons of intereſt and eſtates in every Shire or Corporation who have been cordial to the Parliament and Kingdom heretofore, if put into a poſture of defence, under Gentlemen of quality, and known integrity, as they were under Sectaries, Quakers, and Anabaptiſts of late, would be a far greater, ſafer, fitter Guard to ſecure the Kingdom & Parliament againſt forein Invaſions, or domeſtick Inſurrections, than a mutinous mercenary Army of Sectaries, or Perſons and Souldiers of no fortunes, and that with more general content, and the tenth part of that charge the Kingdom is now at to maintain this Army, & a coſtly Militia beſides, 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 rheir pretended Arrears: which I dare aver, the Free-quarter they have formerly taken in kinde, and levied in money, if brought to a juſt account, as it ought, will double, if not treble moſt of their antient 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, That Objct.they dare not truſt the Militia of the Cities and Counties of the Realm with their own or the Kingdoms defence: Therfore there is a neceſſity for them to keep up the Army, to prevent all dangers from abroad, and Inſurrections at home.

I anſwer, 1. That upon theſe pretences theſe new Lords may intail and enforce an Army, and Taxes to ſupport Anſw.them, on the three Kingdoms till Dooms-day. 2. If they be real Members who make this Objection, elected by the Counties, Cities and Boroughs for which they ſerve, and deriving their Parliamental Authority only from the People, (the **See their Votes Jan. 4. & Declaracion, 17 March, 1648. p. 1. 27.only new fountain of all Power and Authority, as themſelves now dogmatize) then they are but their Servants and Truſtees, who are to allow them wages, and give p. 50them Commiſſion for what they act. And if they dare not now truſt the people, and thoſe perſons of quality, ſidelitie, and eſtate, who both elected, intruſted and impowred them, and are their Lords and Maſters, not Slaves or Vaſſals, yea the primitive and ſupreme power; it is high time for their Electors and Maſters, (the People) to revoke their authoritie, truſts, and call them to a ſpeedie account for all their late exorbitant proceedings, in ejecting the Majority of their faithfull Fellow Members, in whom the people moſt confided, and for their miſpence of the Kingdoms Treaſure; and no longer to truſt thoſe with their purſes, liberties, ſafetie, who dare not now to confide in them, and would rather commit the ſafeguard of the Kingdom to mercenary, indigent ſouldiers, than to thoſe Gentlemen, Free-holders, Citizens, Burgeſſes, and perſons of Eſtate who elected them, whoſe Truſtees, Servants, and Attorneys only they profeſſe themſelves, and who have greateſt intereſt both in them and the Kingdoms weal, and are 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 Privileges ſafeguard, which they have ſo oft invaded; profeſſing now, **See their Declaration, Nov. 20. & propoſals, Dec 6. 164… and Cromwel… Inſt…ument & Speeches.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 instead of Froe-men: averring, All is theirs by conqueſt (which is as much as the King and his Cavaliers, or any forein enemy could or durſt have affirmed, had they conquered us by Battel:) 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 mere ſupport of the uſurped power, authority, offices, wealth and abſolute domination only of thoſe Generals, Officers, Junctoes, (as we have found by ſad experience) who have exalted themſelves for the preſent, above King, Parliament, Kingdoms, Laws, Liberties, and thoſe who did entruſt them, by the help of this truſ… breaking Army, who have **Ezek. 18 24.Ezek 18:24loſt and ſtained all the glory of p. 51their former noble Victories and Heroick Actions, by their late degenerate unworthy treacheries, practices, and a…e become a reproach to the profeſſion of a Souldier, the Proteſtant Religion, and the Engliſh Nation in all Chriſtian Kingdoms and Churches.

The ſecond end of this heavy Tax of April 7. 1649. is the ſupport and maintenance of the Forces in Ireland, for which there was only twenty thouſand pounds a month formerly allowed, now mounted unto thirty thouſand.

To which I anſwer in the firſt place, That it is apparent by the printed Statutes of 25 E. 1. c. 6. 1 E. 3. c. 5, 7. 18 Ed. 3. c. 7. 25 Ed. 3. c. 8. 4 H. 4. c. 13. Cooks 2. Inſtitutes, p. 528. and the Proteſtation of all the Commons of England in the Parliaments of 1 Hen. 5. num. 17. and 7 H. 5. num. 9. That no Free-man of England ought to be compelled to go in perſon, or to pay any Tax for or toward the maintenance of any forein 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 illegal, and no waies obligatory to me, or any other. 2. Moſt of the antient Forces in Ireland (as the Britiſh Army, Scots and Inchiqueen's, towards whoſe ſupport the twenty thouſand pounds a month was deſigned) have been long ſince declared Rebels, 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 to decreaſe this former monthly Tax for Ireland, over what it was before. 3. Many of thoſe now pretending for Ireland, have been the greateſt obſtructers of its relief heretofore: and many of thoſe deſigned for this ſervice by lot, have in words, writing and print proteſted they never intend to go thither, and 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 p. 52be now really intended, it is not upon the firſt, juſt and pious grounds, to preſerve the Proteſtant party there from the forces of the bloodie, Popiſh, Iriſh Rebels, with whom (if report be true) theſe ſitting Anti-Monarchiſts ſeek and **see the 2d. part of the Hiſtory of Independency.hold correſpondence, and are now actually accorded with Owen Roe-Oneal, and his party of bloudieſt Papiſts (declaring For their New Ieſuitical Common-wealth, and joyning with them in an offenſive and defenſive war, against the King and Kingship:) but to oppoſe the Kings intereſt and Title to that Kingdom (**See Seldens Titles of Honour. ſetled on Him, his Heirs and Succeſſors for ever by an expreſs Act of Parliament made in Ireland, 23 H. 8. c. 1. and by the Statute of 1 Jac. c. 1. made in England, yet unrepealed,) and the Proteſtant remaining party there, adhering to, and proclaiming, acknowledging him for their Soveraign; leſt his gaining of Ireland ſhould prove fatal to their uſurped Soveraigntie in England, or conduce to his enthroning here: And by what Authority thoſe now ſitting can impoſe, or with what Conſcience any loyal Subject who hath taken the Oaths of Supremacy, Allegiance, and Covenant, can voluntarily pay any Contributions to deprive the King of his hereditary right, and undoubted Title to the Kingdoms and Crowns of England and Ireland, and alter the frame of the antient Government and Parliaments of our Kingdoms, **See A Collect. p. 94, 95 99, 698, 700, 877, 878.Remonſtrated ſo often against by both Houſes, and adjudged High Treaſon in Canterburies and Straffirds caſes, for which they were beheaded; and by themſelves in the Kings own caſe, (whom they decolled likewiſe) without incurring the guilt of perjury and danger of high Treaſon, to the loſs of his life and eſtate, by the very laws and Statutes yet in force, tranſcends my underſtanding to conceive: Wherefore I neither can, nor dare in conſcience, law, or prudence, ſubmit to this Contribution.

The 3d. end of this Tax, (and more particularly of this new Tax of Jan 26. 1659. of one hundred thouſand pound the Month for 6 months ſpace, after a former Tax levied before hand for the ſelf-ſame Months) is the maintenance of the Armies and Navyes raiſed, and continued for the defence of the twice diſſipated Anti-Parliamentarie Conventicle, and p. 53their Utopian Common-wealth, and the neceſſary and urgent occaſions thereof, now propounded and inſiſted on by the ſitting Members, as the only means of Peace and Settlement both in Church and State: when as in truth it hath been, is and will be the onlie means of Unſettlement, and new diviſions, wars, oppreſſions, confuſions in both, to their utter ruine and deſolation if purſued. Which I ſhall evidence beyond contradiction.

1. This project to metamorphoze our antient Hereditary famous, flouriſhing Kingdom into an Helvetian and Vtopian Common-wealth, by popular Tumults, Rebellion, and a prevalent party in Parliament, was originally contrived by Father Parſons, and other Jeſuites in Spain in the year of our Lord 1590. recommended by them to the King of Spain to purſue, and was principally to be effected by Jeſuites, to deſtroy and ſubvert our Proteſtant Monarchs, Kingdoms, and ſubject them to the Tyranny and Vaſſallage of the Jeſuites, and Spaniards, as you may read at large in William Watſon his Quodlibets, printed 1602. p. 92, 94, 25, 286, 389, 310, 330, 332, 333, 334, 322, 323, in his Dialogue between a Secular Priest and a Lay Gentleman, printed at Rhemes, 1601. and in William Clarke (both Secular Prieſts) his Anſwer to Father Parſons Libel, p. 75, 76, &c. 2ly. After this it was particularly and by name recommended by Thomas Campanella (an Italian Monk, and Arch-Machivilian) to the King of Spain, in the year 1600. as the principal means to ſow the ſeeds of Diviſions and Diſſentions amongſt the Engliſh themſelves, and to engage England, Scotland and Ireland in inextricable wars againſt each other, to divert the Engliſh from the Indies, and his Plate Fleet, and reduce them under his univerſal Temporal and the Popes Spiritual Monarchy at laſt; as you may read at large in his Book De Monarchia Hiſpanica, c. 25. now tranſlated into Engliſh. 3ly. It was again ſet on foot and vigorouſly proſecuted by the Jeſuites and Cardinal Richelien of France, in the years 1639, & 1640. as you may read in my Romes Maſter-piece, and Epiſtle to A Seaſonable Legal and Hiſtorical Vindication, &c. of the good old fundamental Liberties, Laws, &c. of all Engliſh p. 54Freemen, printed 1655. And ſpecially recommended to the French King, and Cardinal Mazarin his Succeſſor at his death, Anno 1642. vigorouſly to purſue, and accompliſh by the Civil Wars raiſed between Scotland and England, and the late King and Parliament; as aaSee my Jus Pationatus, and New Diſcovery of Free-State tyranny, and the Good Old Cauſe truly ſtated.Historia Conte de Galeazzo Gualdo Priorato, part 3. Venotiis, 1648. p. 175, 176. and was accordingly proſecuted by the Spaniſh and French Agents, and the Jeſuites and Popiſh Prieſts, and their ſeduced Proſelytes of the Juncto and Army, as I evidenced at large in my Speech, Dee. 4. 1648. and the Appendix to it; my ſoreſaid Epiſtle, and True and Perfect Narrative, May 1659. by evidences paſt all contradiction. 4ly. It is evident, That the Jeſuites, and Jeſuited Papiſts in England, Scotland and Ireland, with all the bbSee the Coffin for the Good Old Cauſe, John Rogers, and Nedham his Intereſt will not lye, My true and perfect Narrative, and Conſciencious Quaenes, where this is fully proved.Sectarian Party of Anabaptiſts, Quakers Enthiſiaſts, and Sectaries of all ſorts (headed by diſguiſed Jeſuites, Monks, Fryers, and Popiſh Prieſts▪) have been the chiefeſt Sticklers of all others for this New projected Commonwealth againſt the King and Monarchy, and the only means to extirpate our eſtabliſhed Proteſtant Miniſtry, with their Maintenance, Tithes, Glebes, and embroyl us in endleſs confuſions and revolutions of Governments, Wars, Diſtractions, till we be beggered, deſtroyed, and made a prey to our forein Enemies. 5ly. The King of Spain, was the firſt of all forein Kings and States, who owned, cou…ted and ent…ed into a League of Amity with our new Commonwealth after the Kings beheading, as a Creature of his own, in oppoſition to our King and Kingſhip, and engaged us in a war againſt the Dutch, to make himſelf Monarch over us both, according to Campanella his advice, De Monarchia Hiſp. c. 25, & 27. which our Republicans punctuallie purſued from 1649, till 1653. almoſt to the ruine of us both, by the Spaniards Gold and policie. 6ly. That the French Cardinal Mazarin, and other Popiſh Kings and States, complyed and confederated with our Republicans and late Protectors, in oppoſition to our Hereditary Proteſtant King and Kingſhip, purpoſely to ruine us and our Religion at home, and the Proteſtant Churches abroad, engaged by their policies in unchriſtian wars againſt each other. 7ly. That we have all viſibly ſeen and ſenſibly felt by twelve years wofull experiment, p. 55that this Jeſuitical project and chymera of a Free-ſtate and Common-wealth, was propounded by the ccIn their ſeveral Agreements of the people, …heir D…cla…ation of Nov. 10. Their Propoſals, Decemb. 6. And Declaration of March 17. 1648.Army-Officers, and the ſitting Juncto, as the only means of our preſent and future peace and ſettlement, both in Nov. 1647, 1648, 1649. and yet it hath proved (as I then predicted in my Speech and Memento) a perpetual Seminarie of new Wars, Tumults, Combuſtions, Changes, Revolutions of Government, and Governours, Anti-parliamentarie Conventicles, Factions, Schiſms, Sects, Hereſies, Confuſions, and endleſſe Taxes, Oppreſſions, Ataxies ever ſince; both in Church, State, Court and Camp, almoſt to our inevitable deſtruction; and of neceſſity it will and muſt do ſo ſtill. And is it not then a worſe than Bedlam follie and frenzie for our Antiparliamentarie Juncto, Swordmen, and Republicans, to enforce and impoſe it on us by mere armed violence againſt our Judgements, Reaſons, Conſciences, Experiments, and compel us to maintain Armies and Navies by this New inſupportable Tax, to ſet up this Romiſh Babel, which hath been, is, and will be the moſt certain Remora and Obſtacle of our Peace and Settlement, and moſt apparent Jeſuitical, Romiſh, Spaniſh Engin, to create more and greater Confuſions, Diſtractions than before, and effect our inevitable deſtruction both as men and Proteſtants? 8ly. That this pretence of erecting a Common-wealth was firſt pretended by Cromwell, and carried on with ſpecious pretexts to blind the credulous people, onlie to make way for his own tyrannical and ambitious uſurpation of a more than Regal and Monarchical power over our Kingdoms, and ſettle it on himſelf and his poſteritie in concluſion; which he effected by degrees. And what intelligent perſon diſcerns not the ſelf-ſame deſign now couched under it, in other ambitious Grandees now in power, moſt eagerly crying up a Free-ſtate and Common-wealth upon the ſame account? 9ly. The Anti-parliamentary, Unchriſtian, Atheiſtical, if not Diabolical means, by which this Utopian Republick was at firſt endeavoured to be erected, eſtabliſhed, and now again re-edified, muſt needs draw down the full vials of Gods wrath and furie upon it, and all its Projectors, and our 3. Nations too, if they voluntarily ſubmit unto it. It was p. 56firſt uſhered in by ambitious, treacherous, perjurious, rebellious Army-Officers, ſeduced by Romiſh Emiſſaries, and their Confederates in the Commons Houſe, forcibly ſecluding, ſecurring, and ejecting the Majoritie of their Fellow-Members, (4. parts of 5. at leaſt) only for their Vote, to proceed to ſettle the peace of the Kingdom, upon the Kings Conceſſions, after 7. years inteſtine wars: By the cloſe impriſonment of ſundry of them in remote Caſtles for divers years without examination, hearing, or cauſe expreſſed; by their ſuppreſſing & voting down the whole Houſe of Lords, without hearing or impeachment, over whom they had no Juriſdiction: by murdering their Proteſtant King in a ſtrange Court of Higheſt injuſtice; by exiling and diſinheriting his royal Iſſue, and right Heir to the Crown, to make way for their own Uſurpation of Soveraign Power; by ſubverting the fundamental Government of the Kingdom, and the conſtitution, rights, privileges of Engliſh, Scotiſh, Iriſh Parliaments, and their Members: by ſeiſing upon, diſpoſing and diſſipating all the Crown Lands, Revenues, Cuſtoms, Forts, Forces, Navies of our three Kingdoms: by impriſoning, diſinheriting, ſequeſt…ing, exiling, deſtroying, murdering manie thouſands of their Proteſtant Brethren and Allyes of England, Scotland, Ireland, Holland, merely for their Loyalty and Allegianee: by keeping a perpetual Army to over-awe our 3. Nations as conquered Vaſſals, bondſlaves, and governing them by armed luſt, tyrannie, militarie Committees, High Courts of Juſtice, Major Generals, and fleying off their verie Skins: by giving a boundleſſe libertie to all Religions, Sects, Hereſies, Blaſphemies, Juſque datum ſe…leri, &c. againſt all laws of God and Man, the fundamental Laws, Statutes, Liberties, Franchiſes of the Realm, the Oaths of Homage, Fealty, Supremacy, Allegiance, the Proteſtations, Vows, Solemn League and Covenant, they had frequently taken themſelves, and preſcribed to others; yea againſt many hundreds of Votes, Orders, Ordinances, Acts, Declarations, Remonſtrances they had ſucceſſively made and publiſhed to the World, and all ſorts of civil and ſacred Obligations to God, their King, Country, the Truſts repoſed in them by their Indentures and Commiſſions as Members or Souldiers, by exerciſing a more p. 57lawleſſe Tyranny, and boundleſſe Military power, than the worſt of all our Kings in any age: & exacting vaſter ſums of mony ſrō the exhauſted people in leſſe than 10. years ſpace, than all our Kings ſince the Norman Conqueſt. And it now carried on again (after ſo many ſodain, ſtrange & admirable demonſtrations of Gods indignation againſt our new Babel-Builders and their Posterities, by his various and ſucceſſive Providences beyond all human apprehenſions) by the ſelf-ſame violent, exorbitant, unrighteous courſes, unbeſeeming Engliſhmen or Chriſtians; and now by re-excluding and ejecting all the old ſecured and ſecluded Members by armed force and injurious Votes, without accuſation, hearing, crime or impeachment, againſt all rules of Law, Juſtice, and Parliamentarie Preſidents, and of the whole Houſe of Lords, againſt the expreſſe Letter of the Act by which they pretend to fit: By bidding open defiance to the Addreſſes and Deſires of the generality of the Nobility, Gentry, Miniſtry, Freeholders, Commoners, Citizens, Burgeſſes of moſt Counties, Cities and Boroughs of England, declaring for a Free-Parliament, or reſtitution of all the Secluded Members; by impriſoning ſome **Sir Robert Pye & othersGentlemen & Souldiers of Quality, for delivering ſuch Addreſſes to their Speaker; by putting far higher affronts and force upon the City and Common-Council of London, after all their former Obligations to them, than ever they received from the worſt of our Kings in any age, before the leaſt hearing or legal conviction of them as Delinquents; by moving in the Houſe, That all who have declared or made Addreſſes for a Free Parliament, ſhall be diſabled to elect or be elected Members: By taking away the peoples freedoms of Election, by preſcribing new illegal Qualifications (againſt **3 E. 1. c. 5. See Raſtals Abridgements, Tit. Elections and Parliament.all Laws and Statutes concerning Elections and all forms of antient Writs) both for the perſons electing and to be elected to recruit their empty Houſe, of which themſelves alone (not the people) will be the only Judges before they ſhall be admitted when choſen: whereby they will (like Cromwell, and his Council of State) keep out any the people ſhall elect, that is not of their confederacy, and admit none but when and whom they pleaſe, to perpetuate the Parliamentary p. 58Power, and all places of Truſt and Gain in themſelves and their Creatures. And becauſe few or none but Novices ſhall ſit amongſt them in Parliamentarie affairs, (whom they can eaſily over-reach and rule at their pleaſure, being Strangers to each other, and Parliament proceedings) they have voted out all the old Secluded Members (though twice their number) and diſabled them to be new elected; or if elected to be re-admitted, unleſs they will fully ſubmit to the Teſt of their new **Febr. 18. 1659.Qualifications and Engagements. Which will re-ſeclude all or moſt of them, if elected, and prove fatal to the Peoples freedom in their Elections, and to all Parliaments and Members in ſucceeding Ages, if ſubmitted to.

For if a combined Majority of the Commons Houſe, who have violated all their primitive Oaths, Truſts, Proteſtations, Covenants, Remonſtrances, Declarations, and ſo **Cooks 11 Reports, f. 98.diſabled, and disfranchiſed themſelves from ſitting any more as Members, or the peoples Truſtees, may without any new election at all by the people, after their renuntiation and nulling of their firſt elections, by deſtroying, and engaging againſt, that Regal power, by which they were firſt elected, and ſitting only by power of the Sword, without any Qualifications preſcribed to themſelves (which they impoſe on others, and would ſeclude moſt of them from being Electors or Elected Members) having gotten forcible poſſeſſion of the Commons Houſe by armed Tyranny and Uſurpation, after ſo many Declarations, and bloody wars for the defence of the Privileges, Rights and Members of Parliament, ſhall be quietly permitted without any legal impeachment, hearing, tryal, or cauſe alleged (but only for one juſt ſingle Vote, Decemb. 4. 1648. carryed in a full Houſe after long debate, without any diviſion) forcibly to ſeclude and Vote out the greateſt part of their Fellow-Members of greateſt integritie, intereſt, ability and faithfulneſs to the Publick, againſt all rules of Law, Juſtice, and Parliamentarie proceedings, and their Electors wills; and by new heterogeneal Writs derived from another power, and varying in form, from thoſe by which themſelves were choſen, to enforce whole Counties, Cities, and Boroughs to elect p. 59new Knights, Citizens and Burgeſſes, to recruit their empty Houſe, upon ſuch pernicious Qualifications and Engagements as themſelves preſcribe both to the Electors and Members to be elected; (of which themſelves will be the only Judges, ere they admit them to ſit when choſen) on purpoſe to carry on their own private deſigns, and force what Government they pleaſe upon the people, againſt their publick Intereſt, and deſires, to perpetuate our Confuſions, Oppreſſions, Unſettlements, and to diſable whom they pleaſe to elect or be elected, without any publick oppoſition by the ſecluded Members and people then endeavoured; then farewell Parliaments, Laws and Liberties for ever.

Fourthly, The coercive power, and manner of levying this contribution, expreſſed in the Act, is againſt the law of the Land, and libertie 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) doors, chests, &c. to diſtrain; which is againſt Magna Chart. c. 29. The Petition of Right, 3 Car. The Votes of both Houſes in the caſe of Shipmony, 1 R. 2. c. 3. and the reſolution of our Judges and Law-books, 13 Edw. 4 9. 20 E. 4. 6. Cook 5 Report, f. 91, 92. Semains caſe, and 4 Inſt. p. 176, 177.

Secondly, Impriſonment of the bodie of the party till he pay the Contribution; which is contrarie to Magna Charta, c. 29. The Petition of Right, The reſolution of both Houſes in the Parliament of 3 Caroli, in the caſe of Loans; and 17 Caroli, in the caſe of Shipmony, the judgement of our Judges and law-books, collected by Sir Edward Cook in his 2 Inſt. p. 46, &c. the Statute of 2 H. 4▪ rot. parl. n. 6. 16 Car. c. 1, 8, 10, 12, 14, 20. 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 caſe of the Earl of trafford, and a levying of war within the Statute of 25 Ed. 3. by the laſt Parliament, for which he loſt his head: and proved to be High Treaſon, at large by Maſter St. John, in his Argument at Law at the paſsing the Bill for his attainder, Printed by order of the Commons Houſe.

p. 60Fourthly, (which heightens the illegality of theſe illegal means of levying it) if any perſon whoſe goods are diſtrained, or perſon impriſoned for theſe illegal caxes, ſhall bring his Action at Law, or an Habeas Corpus for his relief, or action of falſe impriſonment, as he may juſtly do, not onelyonly thoſe who now ſtile themſelves Judges, forgetting the caſes of Judge Thorp, Treſilian, and others, of old, and the impeachments of the late Shipmony Judges in the beginning of this Parliament, with Mr. St. Johns Speech and Declaration againſt them, worthy their peruſal, will deny, or delay to right and releaſe them; (for which they deſerve Thorps and Treſilians puniſhments) but if theſe fail them, at leaſt wiſe the new illegal Committee of Indempnity will ſtay his legal proceedings, award coſts againſt him, commit him anew till he pay them, and releaſe his Sut es at Law, and upon an Habeas corpus their own ſworn Judges (created by them, without any Oath to do equal Juſtice, &c. to all: but onelyonly to be true and faithfull to their new ere…ted State, and ſitting amongſt them as Members) dare not bail, 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 Loans, Shipmony and Knighthood, without any Council-Table, or Committee of Indempnity, to ſtop their ſutes, or force them to releaſe them; and therefore in all theſe reſpects (ſo repugnant to the Laws and Liberty of the Subject) I cannot ſubmit to theſe illegal Taxes, but oppugn them to the uttermoſt, as the moſt Deſtructive to our Laws and Libertie, that ever were.

Fifthly, The time of the impoſing of this illegal Tax, with theſe unlawfull wayes of levying it, is very confiderable, and ſticks much with me; it is (as the impoſers of it declare and publiſh in many of their new kind of Acts and devices) in the first year of Englands Liberty, and redemption from thraldom, & this laſt after its new revival after 6. years interruption and inter-regnum by Oliver & his Son Richard. And if this unſupportable Tax, thus illegally to be levied, be the firſt frui…s of our first years Freedome and redemption from p. 61thraldom, as they ſtile it; how great may we expect our next years thraldom will be, when this little finger of theirs is heavier by far than the Kings whole loins, whom they beheaded 2 Chron. 10. 10.2 Chr 10:10for Tyranny and Oppreſsion?

6ly. The Order of this (firſt) Tax (if I may ſo term a diſorder) or rather newn…ſs of it, engageth me, and all lovers of their Countries Liberty, unanimouſly to withſtand the ſame. It is the firſt, I find, that was ever impoſed by any who had been Members of the Commons Houſe after a Parliament diſſolved, the Lords Houſe voted down, and moſt of their fellow Commoners ſecured or ſecluded by their connivance or confederacy with an undutifull Army at firſt: and this latter, the firſt doubled Tax upon the people, for the very moneths they advanced, & … aid in beforehand, by the expreſſe command and orders of the ſitting Members, to exclude the ſecluded ones, not only out of the Houſe it ſelf, but Lobby too, into which the meaneſt Footboyes, and Porters have free acceſſe. Which if ſubmitted to, and not oppoſed as illegal, not onelyonly the King, or Lords alone without the Commons, but 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, and on Scotland, and Ireland too, being encouraged thereto by ſuch an unoppoſed preſident. Which being of ſo dangerous conſequence and example to the conſtitution and Privileges of Parliament, and liberties of the people, we ought all to endeavour the cruſhing of this new Coc…atrice in the ſhell, leſt it grow up to a Fiery Serpent, to conſume and ſting us to death, and induce the impoſers of it, to l…de us with new and heavier Taxes of this kind, when theſe expire (which we muſt expect, when all the Kings, Biſhops, Deans and Chapters Lands are ſhared amongſt them, ſold and ſpent as they will quickl… be) if we patientlie ſubmit to this leading Decoy: ſince qqMat. Paris 517.Binus Actus inducit conſuetudinem; as our Anceſtors reſolved, Auno p. 631240. in the caſe of an unuſual Tax demanded by the Pope… whereupon they all unanimouſly oppoſed it at firſt;

rrOvid. de remed. Amoris.Opprime dum nova ſunt ſubiti mala ſemina morbi:

Principiis oqſta; ſerò medicina paratur

Cum mala per longas invaluêre mora….

B…ing the ſafeſt rule of State-Phyſick we can follow in ſuch new diſeaſes, which endanger the whole Body-Politick. Upon which grounds the moſt conſcientious Gentlemen and beſt Patriots of their Countrey oppoſed Loans, Shipmouy, Tonnage, Poundage, Knighthood, and the late illegal Impoſitions of the King and his Councel 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 thefe Worthies conceived themſelves thus obliged to oppoſe thoſe illegal Impoſitions of the King and his Councel, though countenanced by ſome Judges opinions as Iegal, to their immortal honour, and high eſteem both in Countrey and Parliament, who applauded them as the **Exact Collections, p. 5. 6. And their own Declarations, 17. March 1648. p. 7 &c.principal maintainers of their Countries Liberties; then much more ought I, and all other tenderes of their own and Countries Freedom, to oppoſe this illegal dangerous Contribution impoſed on us by a few of our fellow Subjects only, without, yea againſt all Law or Preſident to countenance it, being of greater conſequence and worſer example to the Kingdom, than all or any of the Kings illegal projects or Taxes.

Seventhly, the exceſsiveneſs of this Tax, much raiſed and encreaſed, when we are ſo much exhauſted, and were promiſed and expected eaſe from Taxes, both by the Army in their Remonſtrance November 20. 1648. and by the **In their Declarations March 17. 1648. p. 26.Impoſers of it, (amounting to a ſixth part, if not a moyety of moſt mens eſtates) is a deep Engagement for me to oppoſe it; ſince Taxes, as well as ssMagna Chart. c. 14. 14 E. 3. c. …. Cook 2. Inſtit. p. 26, 27. 169. 170.Fines and Amerciaments, ought to be reaſonable; ſo as men may ſupport themſelves and their Families, and not be undone, as many will be by this, if forced to pay it by Diſtreſs or impriſonment. Upon this ground, in the Parliament Petitions of 1 Edward the third, we find divers freed from payment of Tenths, and other Taxes lawfully impoſed p. 62by Parliament, becauſe the people were impoveriſhed and undone by the Wars, who ought to pay them. And in the printed Statutes of 31 Henr. 6. c. 8. 1 Mariae c. 17 to omit others, we find Subſidies mitigated and releaſed by ſubſequent Acts of Parliament, though granted by p…ecedent, by reaſon of the peoples poverty and inability to pay them. Yea ſometimes we read of ſomething granted them by the King, by way of aid, to help pay their Subſidies, as in 25 Edward 3. Raſtal Tax 9. and 36. Ed. 3 c. 14. and for a direct preſident in point: when ttMar. Paris p. …60.Peter Rubie the Pope's Legat in the year 1240. exacted an exceſſive unuſual Tax from the Engliſh Clergy; the whole Clergy of Berkſhire (and others) did all and every of them unanimously withſtand it, tendring him divers Reaſons in writing of their refuſal, pertinent to our time and preſent Tax; whereof this was one, That the Re… venues of their Churches ſcarce ſufficed to find them daily food, both in regard of their ſmalneſs, and of the preſent dearth of their Corn, and becauſe there were ſuch multitudes of poor people to relieve, ſome of which died of Famin, ſo as they had not enough to ſuffice themſelves and the poor; Whereupon they ought not to be compelled to any ſuch Contribution: which many of our Clergy may now likewiſe plead moſt truly, whoſe Livings are ſmall and their Tithes detained; and divers people of all ranks and callings too, who muſt ſell their ſtocks, beds, and their houſhold▪ſtuff, or rot in priſon, if forced to pay it.

Eighthly, the principal inducement to bring on the payment of this Tax, is a promiſe of taking off the all-devouring and undoing Grievance of Free-quarter: which hath ruined many Countries and Families, and yet they muſt pay this heavy Tax to be eaſed of it ſor the future, inſtead of being paid and allowed for what is already paſt, according to uuA Collection, &c. p …71.former Engagements; and yet Free-quarter is ſtill taken. Againſt which I have theſe juſt exceptions.

1. That the taking of Free-quarter by Souldiers in mens houſes, is a grievance againſt the very Common law it ſelf, Semains Caſe. 7 Rep. Sendels Caſe. Lambe…t f. …7…. Daltons Juſtice of Peace, …24. 24 H. 8. c. 4.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 xxSee Cook 5 Report. f, 9 P 92.fortifie and defend againſt all intruders whatſoever, and p. 64kill them without any danger of Law: Againſt all the Statutes concerning yySee Raſtal Title Purveyers.Purveyers, which prohibit the taking of any mens goods or proviſions againſt their wills, or payment for them, under pain of Felony, though by Commiſsion under the great Seal of England. Againſt the expreſſe Letter and Proviſion of the Petition of Right, 3 Caroli. Condemned by the Commons Houſe in their zzAn Exact Collecti, on p. 7.Declaration of the State of the Kingdom of the 15. December, 1641. and charged as an Article againſt King Richard the ſecond when depoſed, in the Parliament of 1 H. 4. nu. 22. Yea, it is ſuch a Grievance, as expoſeth our houſes, goods, proviſions, monies, ſervants, children, wives, lives, and all other earthly comforts we enjoy, to the luſts and pleaſure of every domineering Officer, and unruly common Souldier: Therefore abſolutely to be aboliſhed without any compenſation: And to impoſe an unjuſt, heavy Tax, and induce people to pay it upon hopes of freeing them from Free-quarter, is but to impoſe one Grievance to remove another.

2. There have been many former promiſes, Declarations and Orders of both Houſes, and the General, for taking off Freequarter, upon the Peoples paying in their Contributions before hand, and then non… ſhould afterward free quarter on them, under pain of death: Yet no ſooner have they paied in their Contributions, but they have been free-quartered on as much or more than formerly: the Souldiers, when we tell them of any Orders againſt free quarter, ſlighting them as ſo many waſte 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 free-quarter taken, and there can be no prevention of it, there being a neceſſity for it: and when any have craved allowance of it, they have found ſo many put offs and delaies, and ſuch difficulties in obtaining it, that their expences have equalled their allowance; and after allowances made, the monies allowed have been called for again. So as few have had any allowance for quarters, and moſt have given over ſuing for t…e…, being put to play an after-game, to ſue for them after all their contributions firſt paid, and not permitted p. 65to deduct them out of their Contributions, as in Juſtice and reaſon they ought, which they are ſtill enforced to pay without deduction. This pretext therefore of taking 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 find by ſad experience every where, and in the County and Hundred where I reſid…. For, not to look back to the laſt years free-quarter taken on us (though we duly 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 daies 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, Souſt…ck, Walcot and Widcombe, ſmall pariſhes in our Hundred and Libertle, as they will prove upon Oath, and given it me under their hands, to 94 li. 4 s. 3 d. charge; beſide their quarters in other pariſhes of the Hundred. Sir Hard…eſſe Wallers Souldiers, upon pretext of collecting arrears of Contribution not due from the Hundred, put it to at leaſt 30 li. 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 Weſtern Ports to Ireland) ſurther from it, to oppreſſe the Country, put Bathwick, Langridge, Wolly, Batheaſton, Katherin and Ford to 28. li. 7 s. and Swainſwick (where I live) to about 20 li expences for two daies Free-quarter (by colour of the Generals Order dated the firſt of May) being the rudeſt and deboiſleſt in all kinds, that ever quartered ſince the Wars, and far worſe than the worſt of Goring's men, whereof ſome of them were the dreggs, and their Captain Flower, a Cavalier heretofore in arms (as i… reported) againſt the Parliament. Their carriage in all places was very rude, to extort money from the people, drawing p. 66out their Swo…ds, 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 controul 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 Freequarter, my houſe being neither Inne, nor Ale houſe? and Free-quarter againſt Law, Orders of Parliament, and the Generals) uſing many high provoking ſpeeches, brake ſom of my windows open, 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 and 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 outhouſes for Turkies, which they took from their eggs and young ones, Veal and Mutton being not good enough p. 76for them: They continued drinking and roaring before, at and aftor Supper, till moſt of them were mad-drunk, and ſome of them dead drunk under the Table. Then they muſt have fourteen 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 ſpare 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 piece 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 piece the next day, if they marched not; whereupon they promiſed to trouble the houſe no more. Upon this agreement all but eight (who were gone to bed) departed that night, and the reſt the next morning. But I going to the Lecture at Bath, ſome thirty of them, … my abſence, came about ten of the clock, notwithſtanding the monies received of my Siſter for their Quarters, re-entred the houſe, and would have Quarters again, unleſs ſhe would give them three ſhillings a piece; which ſhe reſuſing, 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 Devils, brake open my Parlour, Milk-houſe, & Garden-doors, abuſed my Pictures and brake an hole in one of them; hacked my Tableboards 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 Muſquets, and forced them out of the houſe to ſave themſelves: w^ch I hearing of, repaired to my houſe, and finding them all ſo Bedlam mad, that they would not hearken to any reaſon, nor be quieted, thereupon rode to ſeek their Captain and Officers at Bath, who purpoſely abſented themſelves, and not ſinding them till the next morning, I acquainted the Captain then by ſpeech (as I had done p. 68the firſt night by Letter) with all theſe unſufferable outrages of the Sould…ers (contrary to the Generals Order to carry themſelves civilly in their Quarters, and abuſe none in word or deed) which would render him and them odious not only to the Countrie and Kingdom, but to all Officers and Souldiers who had any civilitie in them, and be a diſparagement to the General, by whoſe Proclamation he ought to be preſent with his Company, to keep them in good order, under pain of caſhiering: And therefore I expected and required Juſtice and Reparations at his hands; the rather, becauſe I was informed by ſome of his own Souldiers and others, that they had not been ſo barbarouſlie 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 to remove them forthwith from my houſe: but the only right I had, was, that more of his Company repaired thither, making all the ſpoil they could, and taking away ſome Braſſe and Pewter, continued there till near four of the clock; and then marched away only out of fear I would raiſe the Country upon them; many of whom profered me their aſſiſtance: but I deſired them to forbear till I ſaw what their Officers would do; who inſtead 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 monies they could from the Country by their violence and diſorders. Now, for me, or any others to give monies 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 civil Perſons) to be Maſters of our Houſes, Goods, Servants, Lives, and all we have, to ride over our heads like our Lords and Conquerors, and take Free-quarter on us, amounting to at leaſt a full years contribution, without any allowance for it, and that ſince the laſt Orders againſt Free-quarter, and p. 69Warrants iſſued for paying in this Tax, to prevent it for the future; is ſo far againſt my Reaſon, Judgement and Conſcience, that I would rather give all away to ſuppreſſe, diſcard them, or caſt it into the fire, than maintain ſuch graceleſſe wretches with it, to diſhonour God, enſlave, conſume, ruine the Country and Kingdom; who every where complain of the like inſolencies; and of taking Free-quarter ſince the ninth of June, as above two hundred of Colonel Cox his men did in Bath the laſt Lords day; who drew up in a Body about the Maiors houſe, and threatned to ſ…iſe and carry him away for denying to give them Free-quarter, contrary to the New Act for aboliſhing it. Laſtly, This pr…tended Act implies, that thoſe who refuſe to pay this contribution without diſtreſſe or impriſonment ſhall be ſtill oppreſſed with Free-quarter; And what an height of oppreſſion and injuſtice this will prove, not only to diſtrain and impriſon thoſe who cannot in Conſcience, Law or Prudence ſubmit to this illegal Tax, but likewiſe to undo them, by expoſing them to Free-quarter, which themſelves condemn as the higheſt 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. In few words; As long as we keep an Army on foot, we muſt never expect to be exempted from Free-quarter or Wars; or to enjoy any peace or ſettlement: and as long as we will ſubmit to pay contributions to ſupport an Army, we ſhall be certain our new Lords and Governors will continue an Army to over-awe and enſlave us to their wils. Therefore the only way to avoid free-quarter, and the coſt and trouble of an Army, and ſettle peace, is to deny all future contributions.

Ninthly, The principal end of impoſing this Tax to maintain the Army and Forces now raiſed, is not the defence and ſafety of our ancient and firſt Chriſtian Kingdom of England, its Parliaments, Laws, Liberties and Religion, as at firſt; but to diſinherit the King of the Crown of Engl. Sootl. and Irel. (to which he hath an undoubted Right by the Laws of God and Man; as the Parliament of 1 Jacob. ch. …. reſolves) and to levy War againſt him, to deprive him p. 70of it: To ſubvert the antient Monarchical Government of this Realm, under which our Anceſtors have alwaies lived and flouriſhed, to ſet up a New-Republick, the oppreſſions: and Grievances whereof we have already felt (by increaſing our Taxes, ſetting up arbitrary Courts and Proceedings to the taking away the lives of the late King, Peers, and other Subjects, againſt the fundamental Laws of the Land, creating new monſtrous Treaſons never heard of in the world before, and the like;) but cannot yet enjoy and diſcern the leaſt eaſe or advantage by it: To overthrow the antient conſtitution of the Parliament of England, conſiſting of King, Lords, and Commons, and the Rights and Privileges thereof: To alter the fundamental Laws, Seals, Courts of Juſtice of the Realm, and introduce an Arbitrary Government at leaſt, if not Tyrannical, contrary to our Laws, Oaths, Covenant, Proteſtation, aaSee an Exact Collection: and a Collection of publick Orders, &c. p. 99, 698, 700, 877, 878.publick Remonſtrances and Engagements to the Kingdom and forein States, not to change the Government, or attempt any of the Premiſes. All which being no leſſe than High Treaſon by the Laws & Statutes of the Realm, as Sir E. Cook in his **Lib. 3. c. 1, 2.Inſt. & Mr. St. John in his Argument at Law, upon paſſing the Bill of Attainder of the E. 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 **See Canterburies Doom, and Straffords Trial.Canterbury, who were condemned and executed as Traytors by judgement of Parliament, and ſome of thoſe now ſitting, but for ſome of theſe Treaſons upon obſcurer Evidences of guilt, than are now viſible in others, I cannot without incurring the Crime and Guilt of theſe ſeveral High Treaſons, and the eternal, if not temporal puniſhments incident thereunto, voluntarily contribute ſo much as one penny or farthing towards ſuch Treaſonable and diſloyal ends as theſe, againſt my Conſcience, Law, Loyalty, Duty, and all my Oaths, Covenants and Obligations to the contrary.

Tenthly, The payment of this Tax for the premiſed purpoſes, will (in my poor judgement and conſcience) be offenſive to God and all good men, ſcandalous to the Proteſtant Religion, diſhonourable to our Engliſh Nation, and diſadvantagious p. 71and deſtructive to our whole Kingdom, hindering the ſpeedy ſettlement of our peace, the re-eſtabliſhment of our King, Laws, the revival of our decayed Trade, by renewing and perpetuating our bloody uncivil Wars; engaging Scotland & Ireland, with forein 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 to reſtore his lawfull Heirs and Succeſſors to their juſt, undoubted Rights, from which they are now ſorcibly ſecluded; who will undoubtedly moleſt us with continual Wars (what-ever ſome may fondly conceit to the contrary) till they be ſetled in the Throne in peace upon juſt and honourable terms, and inveſted in their juſt poſſeſſions. Which were far more ſafe, honourable, juſt, prudent, and Chriſtian for our whole 3. Kingdoms voluntarily and ſpeedily to do themſelves, than to be forced to it at laſt by any forein Forces; the ſad conſequences whereof we may eaſily conjecture, and have cauſe enough to fear, if we now delay it, or ſtill contribute to maintain Armies to oppoſe their Titles, and protect the Invaders of them from publick Juſtice. And therefore I can neither in conſcience, piety nor prudence, enſnare my ſelf in the guilt of all theſe dangerous treaſonable conſequences, by any ſubmiſſion to this illegal Tax.

Upon all theſe weighty Reaſons, and ſerious grounds of Conſcience, Law, Prudence, (which I humbly ſubmit to the Conſciences and Judgements of all conſcientious and judicious perſons, whom they do or ſhall concern) I am reſolved by the Aſſiſtance and ſtrength of the 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 t…e ruine of my greateſt Enemies and Oppoſers) to oppugn theſe unlawfull Contributions, and the payment of them o… the uttermoſt, in all juſt and lawfull waies, I may; And if any will forcibly levy them by diſtreſſe or otherwiſe, without and againſt all Law or Right (as Theeves and Robbers take mens Goods and Purſes) let them do it at their own umoſt peril; being declared all Traytors, and to p. 72be proceeded againſt capitally as Traytors by the Junctoes own late Knack and Declaration. However, though I ſuffer at preſent, yet I truſt God and men will in due time do me juſtice upon them, and award me recompence for all injuries in this kind, or any ſufferings for my Countries Liberties. However, fall back, fall edge, I would ten thouſand times rather loſe my Liſe, Libertie, and all that I have, to keep a good Conſcience, and preſerve my own and my Countries native Liberty, than to part with one farthing, or gain the whole World, with the loſſe of either of them; and rather dye a Martyr for our Antient Kingdom, than live a Slave under any New Republick, or remnant of a broken, diſmembred, ſtrange Antiparliamental Houſe of Commons, without King, Lords, or the major part of the Knights, Citizens and Burgeſſes of the Realm, in being ſubject to their illegal Taxes, and what they call Acts of Parliament, which in reality are no Acts at all to bind me, or any other Subject, in point of Conſcience or Prudence, to obedience, or juſt puniſhment for Non-obedience thereunto, or Non-conformity to what they ſtyle, the preſent Government, of the Armies modeling, and I fear of the Popes, Spaniards, Campanellaes, Father Parſons, and other Jeſuites ſuggeſting, to effect our Kings, Kingdoms and Religions ruine, as I have **In my Speech 4 Dec. See Romes Maſter-piece, the Epiſtle to my Jus Patronatus; A true and perfect Narrative, 1659. the Epiſtle to the 1. part of my Hiſtorical Vindication and Collection 1655.elſewhere clearly evidenced, beyond all contradiction.

Pſalm 26. 4, 5.

I have not ſate with vain Perſons, neither will I go in with Diſſemblers: I have hated the Congregation of evil Doers, and will not ſit with the wicked.

WILLIAM PRYNNE. SWAINSWICK, June 16. 1649.

FINIS.