Protestation of the Freemen of England Against Free-Quarter, Text
A PVBLIKE DECLARATION AND SOLEMNE Proteſtation OF The Free-men of England and Wales, againſt the illegall, Intollerable, undoing Grievance of Free-quarter.
Printed in the yeare. 1648.
A Publike Declaration and Solemne Proteſtation of the Freemen of England and Wales, againſt the illegall, intollerable, undoing Grievance of Free-quarter.
WE the Knights, Eſquires, Gentlemen, Freeholders, Citizens, Burgeſſes, and Freemen of the Realme of England and Domion of Wales, do hereby publikely declare, remonſtrate and proteſt to the Honourable Houſes of Parliament, the Army and Souldiery and all the world, that the keeping up of an overnumerous burthenſome Army, ſince the Warres determined, and their forcible entring into our Houſes, taking and eating up our proviſions for horſe and men, and free-quartering upon us, againſt our wills, to our ineffable vexation, oppreſſion, and undoing (eſpecially in theſe times of extraordinary dearth, ſamine, and decay of trade) is an expreſſe high violation of our fundamentall Lawes, Rights, Properties and Liberties, in the late juſt defence whereof againſt the King and his Malignant party, we have ſpent our eſtates, blood, and hazarded our deareſt lives in the field; a direct breach of Magna Charta c. 22. and 29. (purchaſed with ſo much Noble blood of our Anceſtors,) prohibited by the aRaſtall. Tit. Purveyours; and Warre.Satutes of 3. E. 1. c. 7. 28. E. 1. c. 2. 1. E. 3. c. 7. 4. E. 3. c. 3. 5. E. 3. c. 1. 14. E. 3. c. 19. 25. E. 3. c. 1. 36. E. 3. c. 2. 6. 9. 7. R. 2. c. 8. 2. H. 4. c. 14. 20. H. 6. c. 8. 21. H. 6. c. 2. 14. 28. H. 6. c. 2. which declare and enact the taking away of our proviſions and goods of any ſorts without our conſents, agreeing with and paying us for them, even by Purveyours authorized by Law and Commiſſion to be no leſſe then felony, (much more then when taken by Officers and Souldiers authorized by no Law nor Commiſſion, under the great Seale to doe it) and contrary to the very Letter of the Petition of right, 3. Carols, which declares the quartering of Souldiers and Mariners upon the Kings people againſt their wills in their Houſes to be AGAINST THE LAWES and CUSTOMES OF THE REALME, and A GREAT GREIVANCE and VEXATION TO THE PEOPLE, and enacts, That they ſhall not be burthened therewith in time to come.
We likewiſe further remonſtrate, that King Richard the ſecond in the Parliament held at Weſtminſter Anno 1. H. 4 number 22 was among other things impeached and deprived of his Crowne, for rayſing a guard of Cheſhire Souldiers and quartering them as his Court to over-awe the Lords and Commons aſſembled in Parliament at Weſtminſter in the 21. yeare of his reigne, to vote what he preſcribed them, and to put the power of the whole Parliament into the hands of a few Lords and Commons of his party; which bGraſtons Chron. p. 390.Souldiers did aſſault and beat the Kings good Subjects, and take from them their victualls againſt their wills, and payd therefore little or nothing at their pleaſure, and not redreſſing the ſame upon complaint to their great oppreſſion and diſcontent.
That the whole Houſe of Commons this preſent Parliament in their cAn exact Collection.Remonſtrance of the State of the Kingdome December 15. 1641. (publiſhed by their ſpeciall Order) declared. That the charging of the Kingdome with billited Souldiers heretofore (complained of in the Petition of Right) and the concomitant deſigne of GERMAN HORSE, that the Land might either ſubmit with feare, or be enforced with rigour TO SUCH ARBITRARY CONTRIBUTIONS as ſhould be required of them was a product of the Jeſuites, Councells OF JESUITES, Papiſts, corrupt Prelates, Courtiers and Counſellors to enſlave the Subjects and deprive them of their juſt Liberties. And that both Houſes of Parliament and the King himſelfe upon the Houſe of Commons impeachment dMr. St. Iohns his Majeſties Sollicitor Generalls argument, at a Committee of both Houſes, concerning the Earles Attainder by Hill, p. 35. 36, &c.attainted, condemned and executed Thomas late Earle of Strafford, Lord Duputy of Ireland for high Treaſon by a ſpeciall Bill this Parliament, for quartering and ſeſſing ſouldiers upon the Kings Subjects in Ireland, and levying forces and moneys on them by Officers and Souldiers of the Army againſt Law, by billeting on them till they were payd, (declared to be a levying of Warre againſt the King and his people, and ſo High Treaſon within the Statute of 25. E, 3. for which he loſt his head on Tower Hill) contrary to the Statute of 18. H. 6 made in Ireland, ch. 3. which enacts; That, no Lord, or ANY OTHER of what condition he be, ſhall bring or lead Hoblers, Kearnes, or horded men, nor any other people nor horſes to lie on horſe back or on foot upon the Kings Subjects without their good wills and conſents: but upon their owne coſts, and without hurt doing to the Commons of the Country; And if any ſo doe, HE SHALL BE ADJUDGED A TRAYTOR. And the Statute of Kilkenny in 3. E. 2. c. 1. 2. which enacts and declares it to be meer felony and open Robery for any Kerne, to live idle on the tenants, farmers and poore people of the Country, or to take any priſes, lodging or ſojourning from them againſt the conſent of the owners, or paying and agreeing with them for the ſame.
We doe moreover further declare, that by the very e24. H. 8. c. 5. 21. Ed. 1. de Malefactoribus in Parcis, Fitz. Coron. 192. 194. 246. 258. 261. 330. 22. Aſſe 46. Stamford. Pleas. l. 1. c. 5. 6. 7. 11. H. 6. a 16. 14. H. 6. 24. b. 35. H. 6. 51. a. 9. E. 4. 48. b. 11. E. 4. 6. a. 27. H. 7. 36. 12. H. 8. 2. b. Brooke Corone. 63. Treſpas. 207. Cooke. 5. Report. 91. Aſhes. Tables. Coron. 6. 7.Statute and Common Law of the Land, every mans houſe is and ought to be his Caſtle; which he his ſervants and friends may lawfully defend againſt all who ſhall forcibly, and illegally attempt to enter it againſt his will; and juſtify the killing of any who ſhall violently aſſault the ſame or enter it feloniouſly againſt the conſent, which to doe is Burglary, and a capitall Offence and that every Subject, may by the Common Law defend his goods with force and armes againſt any who ſhall illegally offer to take them away, againſt his conſent and not paying for them which to take is direct robbery and felony for which the party taking them ought to ſuffer death and that the owner and his ſervants may lawfully juſtify the beating and killing of ſuch theives in defence of their goods; and may aſſemble his Neighbours and friends to defend his houſe and goods againſt ſuch violence.
Which and … Rights and Priviledges of ours, both Houſes of Parliament, in above thirty Remonſtrances, and by their Solemne League and Covenant, have promiſed and are daily engaged, under paine of breach of Faith, Honour, Truſt, Oath, and the Higheſt diſreputation, inviolably to maintaine.
Yet notwithſtanding all the premiſes, the Generall and Officers of the Army have ever ſince the votes of both Houſes for the Armies disbanding in Aprill and May laſt, not only doubly recruited their forces farre above their firſt eſtabliſhment when the King had two Armies in the field, and many ſtrong Garriſons, without the Houſes Order or privity, but quartered them upon us in our houſes againſt our wills, and the Lawes and Statutes aforeſaid, to the utter undoing of many thouſands of us, not paying us one farthing for their quarters out of the many months pay they have ſince received; but inſteed therof have levyed treble their pay upon us, under colour of freequartering and compoſitions for it, the horſe enforcing us to pay them 14. 16. and 20. ſhillings a weeke, and the foote, 6. 7. 8. 10. 12. and ſometimes 14. ſhillings a man towards their quarters, and yet take quarters upon us and others, and ſending freſh quarterers on us as ſoon as the former are removed: which we here proteſt and declare to be direct Burglary and Felony in them, and no leſſe then Treaſon in their chiefe Officers, and a levying of Warre upon us, by this preſent Parliaments reſolution in the Earle of Straffords caſe: for which we muſt now crave reparations and juſtice againſt them, and ſatisfaction for all the quarters thus forcibly taken on us; being reſolved to pay no more Taxes towards the Army, till all our quarters, and the mony rayſed and extorted from us for compenſation of it, be fully ſatisfied.
And ſeeing divers Officers and Souldiers of the Army, notwithſtanding the late Ordinances of both Houſes againſt Free-quarter, and their and the Generalls and Officers engagements publiſhed in print, that upon our paying in of ſix moneths Contribution towards the Army upon the ſixty thouſand pounds tax, (principally intended for Ireland, but now wholly Monopolized by the Army) no Officer nor Souldier ſhould after the 15. of January take free-quarter upon us under paine of death, againſt our wills, which notwithſtanding they doe in many Counties, which have payd in their ſix moneths Contribution, refuſing to obey the Parliaments Orders, and proteſting they will take Free-quarter notwithſtanding, and forcibly breake into our houſes, and take away our proviſions with more inſolency then before: Wee doe here publikely remonſtrate, and proteſt againſt this diſhonorable breach of faith and promiſe, and this intollerable oppreſſion, and cheating of us to our faces; and demand open and ſpeedy juſtice and reparations for the ſame, from the Houſes and Generall; and doe require and enjoyne all our Knights, Citizens, and Burgeſſes (who are our Subſtitutes, and derive fThis is evident by this clauſe of the Writ for their Election. Ita quòd iidem Milites, Cives & Burgenſes ſufficientem poteſtatem pro ſe & COMMƲNITATE, Comitatus Civium & Burgenſium praedictum ad faciendū & faciendū his, &c. Ita quod pr… defectu ejuuſmodi poteſtatis dicta negotia infecta non remaneant quovis modo.all their authority and Commiſſion from us, whom we have authorized only to maintaine our juſt Rights, Liberties and Properties, not to invade or betray them) as they will anſwer the contrary at their perills to the Kingdome, and the reſpective Counties, Cities and Burroughs, for which they ſerve, to right themſelves and us; and make good the Houſes and their own promiſes to us herein; otherwiſe we are reſolved never to truſt, nor believe them more, and to diſclame them for our Truſtees or Repreſentatives in Parliament for the future, for breaking of their truſts, and diſobeying our Inſtructions. And becauſe the quartering of Souldiers in our Houſes againſt our wills, againſt the Houſes and Generalls engagements, is ſuch an intolerable Grievance and Vexation, as utterly deprives us of the freedome comfort, and command of our own houſes, wives, children, ſervants, beds, ſtables, bread, heere, proviſions for horſe and men, which are all expoſed to the arbitrary commands of every baſe dominiering, deboiſt and inſolent Souldier and Officer, who command all we have, and may cut our throats at pleaſure every houre in our own houſes, where we cannot ſleep nor remain ſecure, & now renders our condition worſe then any Turkie-Gally-ſlave, undoing and enſlaving us at once, even to thoſe who were once our ſervants, and now become our Lords and Tyrants over us, who doe nothing but pick quarrels with us, and will be content with no ordinary proviſions, purpoſely to extort compoſitions from us in money, above double and treble their pay: whereby they grow rich, and the whole Kingdome poore, even to extremity, all trading being now utterly gone and decayed by reaſon of Free-quarter and exceſſive raues daily multiplyed, which ingroſteth all the Treaſure of the Kingdome, whereby trade ſhould be ſupported and the poore employed; who are now upon the point of ſtarving, and are ready to riſe up and mutiny in City and Country for want of bread and employment; whiles many thouſands of ſtrong luſty boyes, youths, Souldiers, and their horſes (whoſe labours might much enrich the Common-wealth) lye idlely like ſo many drones and Caterpillers upon us, taking both pay & free-quarter too for doing nothing, but eating, drinking, ſwearing, whoring, ſtealing, robbing, and undoing us, and the Realme too: We doe here publikely Proteſt and declare, againſt allowing any more free-quarter to any Officers or Souldiers on us for the future as ſuch an intollerable and undoing Grievance, as we neither can nor will any longer undergoe; and that if any of them ſhall hereafter, againſt our wills, forcibly enter our houſes, or take away or devoure our proviſions and goods (as they have injuriouſly and feloniouſly done for many moneths laſt paſt) wee are unanimouſly reſolved to proceed againſt them for it, as Burglairs, Theeves and Felons, and to defend our houſes and goods, againſt them with force and armes, with the hazard of our lives; reſolving rather to die Free-men, then live any longer Slaves, eſpecially to thoſe who have been our mercenary ſervants, and pretend they have hitherto fought and continued in armes together by their own authority, almoſt a full year againſt both houſes Votes for their disbanding, of purpoſe (as they pretended in their printed Declarations, though we find it otherwiſe) to make us abſolute Free-men; Whereas we feele and diſcerne by wofull experience, that their deſigne is quite contrary, even to make us, the King, Kingdome and Parliament no other then conquered ſlaves, as many of them ſtick not to terme us to our faces, who dare not be any longer acceſſories and contributors to our owne and the Kingdomes imminent ruine, bondage and captivity in the leaſt degree againſt our right and Covenant, and will no longer ſit ſtill, like ſo many tame ſilent fooles, and conquered ſlaves, whiles they put new yoakes of bondage on our necks, and fetters on our feet, to inthrall us to a more intollerable Arbitrary Power and Tyrannie, then ever the King or his Cavalliers intended in England, or Strafford himſelfe in Ireland; and rule us only by the Sword and Martiall Law; And our very Knights, Citizens and Burgeſſes, repreſenting us in Parliament, whom they impeach, ſuſpend, expell the Houſe, and over-awe by their power, new Guards and Garriſons put upon them, and the Lords Houſe too, at pleaſure, ſo as they neither can, nor dare to doe us that right, eaſe and reliefe againſt the Souldiery, as otherwiſe they would, and are bound to doe, being enforced daily to paſſe new Ordinances of Indempnity from them, even for their very felonies, burglaries, plunders and murthers too, for which they muſt not be queſtioned, which encourageth them now to commit the like offences with greater boldneſſe then ever, in hopes of the like indempnity for the future, as they have forcibly obtained for what is paſt.
Our (g)Graſtons Chronicle, p. 162. 163. Cambdens Brittania, p. 143.Hiſtorians record that in the Reigne of King Egelred the Daniſh Souldiers exerciſed ſuch pride and abuſive oppreſſions over the people in England, on whom they quartered, that they cauſed Husband men to doe all their vile labour, and the Danes held their wives in the meane time at pleaſure, with daughter and ſervant: And when the Husband-man came home he ſhould ſcarſly have of his owne as his ſervants had ſo as the Dane had all at his commandement and did eat and drinke his fill of the beſt, when the owner had ſcant his fill of the worſt. And beſides this, the common people were ſo of them oppreſſed, that for feare and dread they called them (in every ſuch houſe as they had will of and quartered in) LORD DANE, which ſo vexed and diſcontented the people, that by ſecret Commiſſion, from the King directed to all the good Towns, Burroughs and Cities of the Land, they were on St. Brice day, at a certaine houre aſſigned, all ſuddenly aſſaulted, and ſlaine by the people, every mothers ſonne of them throughout all England: this ſlaughter of theirs beginning in Hertfordſhire, at a little towne called Welden, for the which deed it took the firſt name, becauſe the Weale of that County (as it was then thought) was there firſt won. And the Sicilians did the like to the Dominiering French forces, who oppreſſed them with their inſolencies and free-quarter, cutting all their throats in one evening, and ſo freeing their Countrey from captivitie.
Truly our condition now under the Lording Army and Souldiery hath been and yet is altogether as bad, if not worſe in many places, then our Predeceſſors was under their freequartering Lord Danes, or the Sicilians under the French forces: and we heartily wiſh it may not now produce the like Tragicall and bloudy effects, which pure neceſſity will enforce the Malignant and poorer ſort now ready to ſtarve, and the very beſt friends to the Parliament unto, for their own ſelfe preſervation and defence, as we may juſtly feare, if not timely prevented by the Houſes and Generalls ſtrict care and diſcipline, in making good their Engagements to us, wherein they have hitherto failed, and ſpeedily reduce the Army to ſuch a ſmall proportion of five or ſix thouſand only, as they may well pay and maſter; and quarter in Innes and Alehouſes without any preſſure to us. Being peremptorily reſolved in their defaults, by Gods aſſiſting power to right and eaſe our ſelves of them, and all other oppreſſing Grievances, by the beſt and moſt expeditions meanes wee may, to preſerve our ſelves, our Poſterities, Kingdome and neglected Ireland, (whoſe ſupplies are wholly fruſtrated and engroſſed by our idle ſuper-numerary, and ſuper-neceſſary Army and Souldiers) from utter vaſſalage and ruine. And therefore we doe hereby earneſtly deſire and admoniſh all Officers and Souldiers at their utmoſt perill, from henceforth after this our publike Remonſtrance, to take no more free-quarter, nor force any more moneys from us, againſt our wills; but carefully to follow Iohn Baptiſt's Leſſon to them (a burning and ſhining Light) Luk. 2. 14. And the SOVLDIERS likewiſe came to John, ſaying; And what ſhall we doe? And he ſaid unto them: Doe violence to no man; neither accuſe any man falſely, and be content with your wages; Leſt they ſo farre diſcontent and enrage us ſo farre, as to fall a quartering of them in good earneſt, which we heartily deſire (if poſſible) to prevent by this timely admonition, and notice of our unalterable, juſt and neceſſary reſolutions, from which neither feare nor flattery, nor intreaties ſhall remove us.
And ſhall likewiſe humbly importune the Honourable Houſes of Parliament to order and declare according to the Tenor of the Petition of Right that all Officers and Souldiers whatſoever ſhall be liable to the Juriſdiction, Arreſts, Warrants and power of High Sheriffs, Juſtices of Peace, Mayors, Bayliffs, Conſtables, Tything-men, and other publike Officers of Juſtice, for Felonies, Breaches of Peace, and other miſdemeanours puniſhable by the Lawes and Statutes of the Realme, as farre-forth as any other Subjects are and bee; and that all thoſe may be particularly enjoyned to diſcharge their duties herein; and all Officers of the Army ordered to be ayding and aſſiſting to them therein under paine of Fellonie and being caſheered; without which wee ſhall enjoy neither ſecurity nor peace in Country or City, no nor in our owne beds and Houſes.
FINIS.
End of the text · William Prynne, Protestation of the Freemen of England Against Free-Quarter (1648)