BEing on the 7 of this instant June 1649 informed by the Assessors of the Parish of Swainswicke, that I was assessed at 2 l. 5 s. for three months Contribution, by vertue of a (pretended), Act of the Commons assembled in Parlia­ment, bearing date the 7 of April last, assessing the Kingdom at ninty thousand-pounds monthly, beginning from the 25 of March last, and continuing for six months next ensuing, towards the maintenance of the forces to be continued in England and Ire­land, and the paying of such as are thought fit to be disbanded, that so Free-quarter may be taken off; whereof 3075 l. 17 s. 1 d. ob. is monthly imposed on the County, and 2 l. 5 s. 3 d. on the small poor Parish where I live; and being since on the 15 of June required to pay in 2 l. 5 s. for my proportion: I returned the Collector this Answer, That I could neither in Conscience, Law, nor Prudence in the least measure submit to the voluntary payment of this illegall Tax, and unreasonable Contribution, (af­ter all my unrepaired losses and sufferings for the publick Li­berty) amounting to six times more then Ship-money, (the times considered) or any other illegall Tax of the late beheaded King, so much declaimed against in our three last Parliaments by some of those who imposed this. And that I would rather submit to the painfullest death and severest punishment the Imposers or Ex­actors of it could inflict upon me by their arbitrary power (for le­gall they had none) then voluntarily pay, or not oppose it in my place and calling to the uttermost, upon the same, if not better reasons as I oppugned See my hum­ble Remonstrance against Ship-money. Ship-money, Knighthood, and other unlawfull impositions of the late King and his Councel hereto­fore. And that they and all the world might bear witnesse, I did [Page 2] it not from meer obstinacy or fullennesse; but out of solid reall grounds of Conscience, Law, Prudence, and publick affection to the weal and Liberty of my native Country (now in danger of being enslaved under a new vassalage, more grievous then the worst it ever yet sustained under the late, or any other of our worst Kings) I promised to draw up the Reasons of this my re­fusal in writing, and to publish them so soon as possible to the Kingdom, for my own Vindication, and the better information and satisfaction of all such as are any wayes concerned in the imposing, collecting, levying or paying of this strange kinde of Contribution. In pursuance whereof, I immediately penned these ensuing Reasons; which I humbly submit to the imparti­all Censure of all conscientious and judicious Englishmen; de­siring either their ingenuous Refutation, if erronious; or candid Approbation, if substantiall and irrefragable, as my conscience and judgment perswade me they are, and that they will appear so to all impartiall Persons, after full examination.

First, By the fundamental Laws, and known Statutes of this Realme, No Tax, Tallage, Ayd, Imposition, Contribution, Loan or Assessment whatsoever may or ought to be imposed or levied on the free men and people of this Realm of England, but by the WILL and COMMON ASSENT of the EARLS, BARONS, Knights, Burgesses, Commons, and WHOLE REALM in a free and full PARLIAMENT, by ACT OF PARLIAMENT: All Taxes &c. not so imposed, levyed (though for the common defence and profit of the Realm) being unjust, oppressive, inconsistent with the liberty and propertie of the Subject, Laws and Statutes of the Realm; as is undeniably evident by the expresse Statutes of Magna Charta, cap. 29.30. 25. E. 1. c. 5, 6. 34. E. 1. De Tallagio non concedendo c. 1. 21. E. 3. Rot. Parl. n. 16. 25. E. 3. c. 8. 36. E. 3. Rot. Parl. n. 26. 45. E. 3. Rot. Parl. n. 42. 11. H. 4. Rot. Parl. n. 10. 1. R. 3. c. 2. The Petiti­on of Right, and Resolutions of both Houses against Loans, 3. Ca­roli: The Votes and Acts against Ship-money, Knighthood, Ton­nage and Poundage, and the Star-chamber this last Parliament, 17. & 18 Caroli. And fully agreed and demonstrated by Mr. William Hackwell in his Argument against Impositions; Judge Hutton and Judge Crook in their Arguments, and Mr. St. John in his Argument and Speech against Ship-money, with other Ar­guments [Page 3] and Discourses of that subject: Sir Edward Cook in his 2 Instit. (published by Order of the Commons House) pag. 59.60. &c. 527.528.529.532.533, &c. with sundry other Records and Law-books cited by these great Rabbies of the Law, and Pa­triots of the Peoples Liberties. But the present Tax of Ninety Thousand pounds a Month, now exacted of me, was not thus imposed. Therefore it ought not to be demanded of, nor le­vied on me; and I ought in conscience, Law, and prudence to withstand it as unjust, oppressive, inconsistent with the Liberty and Property of the Subject, Laws and Statutes of the Realm.

To make good the Assumption, which is onely questionable.

First, This Tax was not imposed in, but out of any Parlia­ment, the late Parliament being actually dissolved above two months before this pretended Act of these Tax-imposers taking away the King by a violent death, as is expresly resolved by the Parliament of 1 H. 4. Rot. Parl. n. 1. by the Parliament of 4. H. 4. and 1. H. 5. Rot. Parliam. n. 26. Cook 4 Institutes p. 46. and 4. E. 4.44. b. For the King being both the Head, beginning, end and foundation of the Parliament (as Modus tenendi Parlia­mentum: and Sir Edward Cooks 4. Instit. p. 3. resolve) which was summoned and constituted only by his Writ now See 1 E. 6. cap. 7. Cook 7. Report. 30.31. Dyer 165. 4. E. 4.43.44. 1 E. 5.1. Brook Commission. 19.21. actu­ally abated by his death: and the Parliament (as is evident by the clauses of the severall Writs of Summons to Cromptons Jurisdiction of Courts, fol. 1. Cook. 4. Instit. p. 9.10. the Lords, and for the election of Knights and Burgesses, and levying of their wages) being onely PARLIAMENTUM NOSTRUM, the Kings Parliament that is dead, not his Heirs and Successors; and the Lords and Commons being all summoned and authori­zed by it to come to HIS PARLIAMENT, there to be present, and conferre with HIM (NOBISCUM, not his Heirs and Successors) of the weighty and urgent affairs that con­cerned (NOS) HIM and HIS KINGDOME of Eng­land; and the Knights and Burgesses receiving their wages for, Nuper ad NOS ad PARLIAMENTƲM NOSTRƲM veniendo, &c. quod sommoneri FECIMƲS, ad tractandum ibidem super diversis & arduis Negotiis NOS & Statum REGNI NOSTRI tangentibus, as the tenor of the 5. Ed. 3.6. part. 2. Dors. Claus. Regist. f. 192.200. Writs for their wages determines. The King being dead, and his Writ and Authority by which they were summoned, with the ends for which they were called (to confer with HIM, about [Page 4] HIS, and HIS KINGDOMS affairs &c. being thereby absolutely determined, without any hopes of revivall; the Par­liament it self must thereupon absolutely be determined like­wise (especially to those who have disinherited HIS HEIRS and SUCCESSORS, and voted down our Monarchy it self) and these with all other Members of Parliament, cease to be any longer Members of it, being made such onely by the King's aba­ted Writ; even as all Judges, Justices of peace, and Sheriffs made onely by the Kings Writ or Commission, not by Letters Patents, cease to be Judges, Justices and Sheriffs by the Kings death, for this very reason, because they are constituted Justici­arios & Vicecomites NOSTROS ad Pacem NOSTRAM &c. custodiendam; and he being dead, and his Writs and Commis­sions expired by his death, they can be his Judges, Justices and Sheriffs no longer to preserve HIS Peace, &c. (no more then a wife can be her deceased Husbands Wife, and bound to his obedience, from which she was losed by his death, Rom. 7.2.3.) And his Heirs and Successors they cannot be, unlesse he please to make them so by his new Writs or Commissions, as all our 4 Ed. 4.44. 1 E. 5.1. Brook Commissions. 19.21. & Offi­cer, 25. Dyer. 165. Cook 7. Report. 30.31. 1 E. 6. c. 7. Dal­tons Justice of Peace. c. 3. p. 13. Lambert p. 71. Law-Books and Judges have frequently resolved upon this very reason, which equally extends to Members of Parliament, as to Judges, Justices and Sheriffs, as is agreed in 4 E. 4.43.44. and Brooke, Office and Officer, 25. Therefore this Tax being cleerly imposed not in, but out of, and after the Parliament end­ed by the Kings decapitation, and that by such who were then no lawfull Knights, Citizens, Burgesses or Members of Parlia­ment, but onely private men, their Parliamentary Authority expiring with the King, it must needs be illegall, and contrary to all the fore-cited Statutes; as by the Convocations and Cler­gies Tax and Benevolence granted after the Parliament dissolved in the yeer 1640, was resolved to be by both Houses of Parliament, and those adjudged high Delinquents who had any hand in promoting it.

2. Admit the late Parliament stil in being, yet the House of Peers, Earles and Barons of the Realm were no ways privy nor concentivg to this Tax, imposed without, yea against their con­sents in direct affront of their most ancient undubitable Parlia­mentary Right and Priviledges, (these Tax-masters having pre­sumed to vote down and nul their very House, by their new en­croached [Page 5] transcendent power) as appears by the title and body of this pretended Act, intituled by them, An Act of THE COMMONS assembled in Parliament: Whereas the House of Commons alone, though full and free, have no more lawful Authority to impose any tax upon the people, or make any Act of Parliament or binding Law without the Kings or Lords con­currence, then the man in the moon, or the convocation Anno 1640. after the Parliament dissolved (as is evident by the ex­press words of the forecited Acts, the Petition of Right it self; Acts, for the Trienniall Parliament; and against the proroging or dissolving this Parliament, 17. Caroli: with all our printed Statutes, 14. R. 2. n. 15. 11. H. 4. n. 30. 13. H. 4. n. 25. Parliament Rolls, and 4 H. 7.18. b. 7. H. 7.14.16. 11. H. 7.27. Fortescue c. 18 f. 20. Dyer 92. brook Parlia­ment. 76.197. Cooks 4. Insti­tutes p. 25. Law-Books:) they nei­ther having nor challenging the sole Legislative power in any age; and being not so much as summoned to, nor constituting mem­bers of our See the Freeholders grand inquest, and my Plea for the Lords. ancient Parliaments (which consisted of the King and Spiritual and Temporal Lords, without any Knights, Citizens, or Burgesses as all our Histories and Records attest) til 47 H. 3. at soonest; they having not so much as a speaker or Commons House til after the beginning of King Edward the third his reign, as never presuming to make or tender any Bils or Acts to the King or Lords, but Petitions only for them to redress their grie­vances and enact new Laws, til long after Rich. the seconds raign, as our Parliament Rolls, and the printed prologues to the Sta­tutes of 1.4.5.9.10.20.23.36.37. and 50. Ed. 3. 1. Rich. 2.1.2.4.5.7.9.11.13. Hen. 4.1.2.3.4.8.9. Hen. 5.1.2.3.4.6.8.9.10.11.14.15.29.28.29.39. Hen. 6.1.4.7.8.12.17. 22. Ed. 4. and 1. Rich. 3. evidence (which run all in this form. At the Par­liament holden &c. by THE ADVICE and AS SENT OF THE LORDS SPIRITUAL and TEMPORAL and at THE SPECIAL INSTANCE and RE­QUEST OF THE COMMONS OF THE REALM, (BY THEIR PETITIONS put ín the said Parliament, as some Prologues have it.) Our Lord the King hath caused to be ordained, or ordained CERTAIN STATUTES &c.) where the advising and assenting to Lawes is appropriated to the Lords; the ordaining of them to the King; and nothing but the requesting of, and petitioning for them both from King and Lords to the Commons, in whom the Legislative power princi­pally if not solely resided; as is manifest by the printed Prologue [Page 6] to the Statute of Merton. 20. Hen. 3. The Statute of Morte­man. 7. Ed. 1. 31. Ed. 1. De Aspertatis Religiosorum. There­fore this Tax imposed by the Commons alone without King or Lords, must needs be void, illegal, and no ways obligatory to the subjects.

3. Admit the whole House of Commons in a full and free Par­liament had power to impose a Tax, and make an Act of Parlia­ment for levying it without King or Lords; (which they never did nor pretended to in any age) yet this Act and Tax can be no ways obliging, because not made and imposed by a full and free House of Commons, but by an empty House, packed swayed, over­awed by the chief Officers of the Army, who have presumed by meer force and armed power, against law and without president, to seclude the Major part of the House, (at least 8 parts of 10) who by law and custome are the House it self, from sitting or voting with them, contrary to the Freedom and Priviledges of Parliament; readmitting none but upon their own termes. An usurpation not to be paralleld in any age, destructive to the ve­ry being of Parliaments; Cooks 4. Institues p. 1. Where all Members ex debito Justi­ciae, should with have equal Freedom meet and speak their mindes: inju­rious to all those Counties, Cities, Boroughs, whose Knights, Citizens and Burgesses are secluded, and to the whole Kingdom; yea contrary to all rules of reason, justice, policy, conscience, and their own Agreement of the people, which inhibit the far lesser part of any Councel, Court, or Committee, to over-sway, se­clude or forejudge the major number of their Assessors and fel­low Members, over whom they can no wayes pretend the least jurisdiction, it being the high way to usher Tyranny and confu­sion into all Councels and Realms to their utter dissolution, since the King alone without Lords and Commons, or the Lords alone without King or Commons, may by this new device make them­selves an absolute Parliament to impose Taxes and enact Lawes without the Commons, or any other forty or fifty Commoners meeting together without their companions do the like, as wel as this remnant of the Commons make themselves a compleat Parliament without King, Lords, or their fellow Members, if they can but now or hereafter raise an Army to back them in it, as the Army doth those now sitting.

4. Suppose this Tax should bind these Counties, Cities, and [Page 7] Buroughs, whose Knights, Citizens, and Burgesses sat and con­sented to it when imposed, (though I dare sware imposed against the mindes and wills of all or most of those they represent; (who by the Declarati­on Nov. 28. & 30. 1948. Armies new Doctrine, may justly question and revoke their authority for this high breach of Trust; the rather, because the Knights and Burgesses assembled in the first Parliament of E. 3. rot. Parl. n. 8. Did all refuse to grant a great extraordinary Subsidie then demanded of them (though not comparable to this) for the necessary defence of the Kingdom against Forraign enemies, till they had conferred with the Counties and Burroughs for which they served, and gained their assents:) Yet there is no shadow of reason, Law, or Equity, it should oblige any of the secluded Members themselves, whereof I am one; or those Counties, Ci­ties, or Burroughs, whose Knights, Citizens, and Burgesses have been secluded or scared thence by the Armies violence, or setting Members illegall Votes for their seclusion; who absolutely dis­avow this Tax and Act as un-Parliamentary, illegall, and never assented to by them in the least degree; since the only 39. Ed. 3.7. 4. H. 4.10. Brook Parlia. 26.40. Cook 4. Instit. p. 1.25.26. 1. Jac. ch. 1. reason in Law or equity, why Taxes or Acts of Parliament oblige any Member, County, Burrough, or Subject is, because they are parties and consenting thereunto either in proper person; or by their chosen Representatives in Parliament; it being a received Maxime in all Laws, Quod tangit omnes, ab omnibus debet approbari. Upon which reason it is judged in our 49. Ed. 3.18, 19. 21. H. 7.4. Brooke customs 6.32. Law-books, That By-Laws oblige only those who are parties, and consent unto them, but not strangers, or such who assented not thereto. And (which comes fully to the present case) in 7 H. 6. 35. H. 6.34. Brooke An­cient Demesne 20. & Parl. 17.101. It is resolved, That Ancient Demesne is a good plea in a Writ of Waste upon the Statutes of Waste, because those in Ancient Demesne were not parties to the making of them, FOR THAT THEY HAD NO KNIGHTS NOR BURGESSES IN PARLIAMENT, nor contributed to their expences. And Judge Brook Parliament 101. hath this observa­ble Note. It is most frequently found, that Wales and County Pa­latines, WHICH CAME NOT TO THE PARLIAMENT (in former times, which now they do) SHALL NOT BE BOUND BY THE PARLIAMENT OF ENGLAND: for ancient De­mesne is a good Plea in an action of wast, and yet Ancient Demesne is not excepted: and it is enacted, 2. Ed. 6. c. 28. that fines with [Page 8] Proclamation shall be in Chester, for that the former Statutes did not extend to it: and it is enacted, That a Fine and Procla­mation shall be in Lancaster. 5. & 6. E. 6. c. 26. And a Procla­mation upon it a exigent is given by the Statute in Chester and Wales, 1. E. 6. c. 20. and by another Act to Lancaster, 5. & 6. E. 6. c. 26. And the Statute of Justices of Peace extended not to Wales and the County Palatine; and therefore an Act was made for Wales and Chester, 27. H. 8. c. 5. who had Knights and Burges­ses appointed by that Parliament for that and future Parlia­ments by Act of Parliament, 27. H. 8. cap. 26. since which they have continued, their wages being to be levyed by the Statute of 35. H. 8. c. 11. Now, if Acts of Parliament bound not Wales and County Palatines, which had anciently no Knights nor Bur­gesses in Parliament to represent them, because they neither personally nor representatively were parties and consenters to them; much lesse then can or ought this Leavie, Tax, and ille­gall Act to binde those Knights, Citizens and Burgesses, or those Counties, Cities and Burroughs they represented, who were forcibly secluded, or driven away from the Parliament by the confederacy, practice, or connivance at least, of those now sitting, who imposed this Tax, and passed this strange Act; e­specially, being for the support and continuance of those Offi­cers, and that Army who trayterously seised and secluded them from the House, and yet detain some of them Prisoners, against all Law and Justice. The rather, because they are the far major part (above six times as many as those that sate and shut them out) and would no wayes have consented to this illegall Tax, or undue manner of imposing it, without the Lords concurrence, had they been present. And, I my self, being both an unjustly imprisoned and secluded Member, and neither of the Knights of the County of Somerset, where I live, present or consenting to this Tax or Act, one or both of them being forced thence by the Army, I conceive neither my self, nor the County where I live, nor the Burrough for which I served, in the least measure bound by this Act or Tax, but cleerly exempted from them, and ob­liged with all my might and power effectually to oppose them.

If any here object,Object. That by the custome of Parliament 40 Members onely are sufficient to make a Commons House of Par­liament, [Page 9] and there were at least so many present when this Tax was imposed: Therefore it is valid and obligatory both to the secluded absent Members, and the Kingdom.

I answer,Answ. First, That though regularly it be true, that forty Members are sufficient to make a Commons House to begin prayers, and businesses of lesser moment in the beginning of the day, till the other Members come, and the House be full; yet forty were never in any Parliament reputed a competent num­ber to grant Subsidies, passe, or record Bils, or debate or con­clude matters of greatest moment; which by the constant Rules and usage of Parliament, were never debated, concluded, passed, but in a free and full House, when all or most of the Members were present, as the Parliament Rolls, Journals, Modus tenen­di Parliamentum, Sir Edward Cooks 4. Institutes, p. 1.2.26.35.36. Cromptons Jurisdiction of Courts, f. 1. &c: 39. E. 3.7. Brook Parliament. 27. 1. Jacobi, c. 1. and the Records I have cited to this purpose in my Levellers levelled, my Plea for the Lords, and Memento, p. 10. abundantly prove beyond contradiction; for which cause the Members ought to be fined, and lose their wages, if absent without special Licence, as Modus tenendi Par­liamentum, as 5. R. 2. Parl. 2. c. 4. 9. H. 8. c. 16. and A Collection of all Orders, &c. of the late Parliament, pa. 294.357. with their frequent summoning and fining absent Members, evidence.

Secondly, Though forty Members onely may peradventure make an House in cases of absolute necessity, when the rest through sicknesse, and publick or private occasions, are volutarily or negligently absent; and might freely repair thither to sit or give their Votes if they pleased: yet forty Members never yet made a Commons House by custome of Parliament (there being never yet any such case till now) when the rest (being above four hundred) were forcibly secluded, or driven thence by an Army, through the practice or connivance of those forty sitting, of pur­pose that they should not over nor counter-vote them; much lesse an House to sequester or expell the other Members, or im­pose any Tax upon them. Till they shew me such a Law, Custom, or President of Parliament (not to be found in any age) all they pretend is nothing to purpose, or the present case.

Thirdly, Neither forty Members, nor a whole House of Commons were ever enough in any age, by the Custom of Parlia­ment [Page 10] or Law, of England, to impose a Tax, or make any Act of Parliament, without the King and Lords, us I have See my Plea for the Lords, and Levellers levelled. already proved; much lesse after they ceased to be Members by the Parlia­ments dissolution through the Kings beheading: Neither were they ever invested with any legall power to seclude or expell any of their fellow-Members (especially, if duly elected) for any Vote wherein the Majority of the House concurred with them, or differing in their consciences and judgments from them; nor for any other cause, without the Kings and Lords concurrence (in whom the ordinary judicial power of the Parliament resides) as I have undenyably proved by presidents and reasons in my Plea for the Lords, p. 47. to 53. and Ardua Regni, which is fur­ther evident by Claus. Dors. 7. R. 2. m. 27. and Mr. Seldens Ti­tles of Honour, p. 737. Baronet Camoyes Case, discharged from being Knight of the Shire by the Kings Writ and Judgment, be­cause a Peer of the Realm; the practice of sequestring and ex­pelling Commons by their fellow-Commons onely, being a late dangerous, unparliamentary usurpation (unknown to our An­cestors) destructive to the priviledges and freedom of Parlia­ments, and injurious to those Counties, Cities, Burroughs, whose Trustees are secluded; the House of Commons it self being no Court of Justice to give either an Oath or finall Sentence, and having no more Authority to dismember their fellow-Mem­bers, then any Judges, Justices of Peace, or Committees have to dis-judge, dis-justice, or dis-committee their fellow Judges, Ju­stices and Committee-men, being all of equall authority, and made Members onely by the Kings Writ and Peoples Election, not by the Houses, or other Members Votes; who yet now pre­sume both to make and unmake, seclude and recall, expell and restore their fellow-Members at their pleasure, contrary to the practice and resolution of former ages, to patch up a factious Conventicle in stead of an English Parliament. Therefore this Objection no ways invalids this first Reason; why I neither can nor dare submit to this illegall Tax in Conscience, Law, or Pru­dence, which engage me to oppose it in all these respects.

Secondly, Should I voluntarily submit to pay this Tax, and that by vertue of an Act of Parliament made by those now sit­ting, (some of whose Elections have been voted voyd; others of them elected by new illegall Writs under a new kind of Seal, [Page 11] since the Kings beheading, as the Earl of Pembroke, and Lord Edward Howard, uncapable of being Knights or Burgesses by the Common Law and Custome of Parliament, being Peers of the Realm (if now worthy such a Title) as was adjudged long since in the Lord Camoyes case. Claus. Dors. 7. R. 2. m. 32. and asserted by Master Selden in his Titles of Honour: part. 2. cha. 5. p. 737. Seconded by Sir Edward Cook in his 4. Institutes. p. 1.4, 5, 46, 47, 49.) As I should admit these lawfull Members, so I should ther­by tacitly admit, & ex post facto assent to some particulars, against my knowledg, judgment, conscience▪ Oaths of Supremacy, Allegi­ance, Protestation, and Solemn League and Covenant, taken in the presence of Gyd himselfe, with a sincere heart and reall intention to per­form [...] the same, and persevere therein all the dayes of my life, without suffering my selfe directly or indirectly, by whatsoever Combination, perswasion or terrour to be withdrawne therefrom. As First, That there may be and now is a lawfull Parliament of England actu­ally in being and legally continuing after the Kings death, consi­sting only of a few late Members of the Commons House, with­out either King, Lords or most of their fellow Commons: which the very Consciences and judgments of all now sitting, that know any thing of Parliaments, and the whole Kingdome if they durst speak their knowledg, know and beleeve to be false, yea against their Oaths and Covenant. Secondly, That this Parliament (so unduly constituted and packed by power of an Army combining with them) hath a just and lawfull Authority to violate the Privi­ledges, Rights, Freedoms, Customes, and alter the constitution of our Parliaments themselves; imprison seclude, expell most of their fellow Members for voting according to their consciences; to repeal all Votes, Ordinances and Acts of Parliament they please, erect new Arbitrary Courts of war and Justice to arraign, condemn, execute the King himself, with the Peers and Com­mons of this Realm by a new kind of Martiall Law, contrary to Magna Charta, the Petition of Right, and Law of the Land▪ dis­inherit the Kings Posterity of the Crowne, extirpate Monarchy and the whole House of Peers, change and subvert the ancient Government, Seals, Laws, Writs, Legall proceedings Courts, and coyne of the the Kingdome; sell and dispose of all the Lands, Revenues, Jewels, goods of the Crowne, with the Lands of Deans and Chapters, as they think meet; absolve them­selves [Page 12] (like so many antichristian Popes) with all the Subjects of England and Ireland, from all the Oaths and engagements they have made TO THE KINGS MAJESTY, HIS HEIRS AND SUCCESSORS: yea, from their very Oath of Allegiance, notwithstanding this express clause in it (which I desire may be seriously and conscienciously considered by all who have sworne it) I do [...]eleive and in Conscience am resolved, that neither the Pope, NOR ANY PERSON WHATSOEVER HATH POWER TO ABSOLVE ME OF THIS OATH, OR ANY PART THERE­OF, which I acknowledge by good and full Authority to be law­fully ministred unto me, and DO RENOUNCE ALL PAR­DONS AND DISPENSATIONS TO THE CONTRARY: dispense with our Protestations, Solemn League and Covenant, so lately zealously u [...]ged and injoyned by both Houses on Mem­bers, Officers, Ministers, and all sorts of People throughout the Realme: dispose of the Forts, Ships, Forces, Officers and Places of Honour, Power, Trust or profit within the Kingdom to whom they please; to displace and remove whom they please from their Offices, Trusts, Pensions, Callings, at their pleasures with­out any legall cause or tryall: to make what new Acts, Lawes, and reverse what old ones they think meet, to insnare inthrall our Consciences, Estates, Liberties, Lives: to create new monstrous Treasons never heard of in the world before; and declare reall treasons against King, Kingdome, Parliament, to be no treasons, and Loyalty, Allegiance, due obedience to our knowne Lawes, and consciencious observing of our Oaths and Covenant (the breach whereof would render us actuall Traytors and perni­cious persons) to be no lesse then High Treason, for which they may justly imprison, dismember, disfranchise, displace and fine us at their wills (as they have done some of late) and confiscate our per­sons and lives to the Gallowes, and our estates to their new Exche­quer; (a Tyranny beyond all Tyrannies ever heard of in our Nati­on, repealing Magna Charta, c. 29.5. E. 3. c. 6.25. Edw. 3. cap. 4.28. Ed. 3. c. 3.37. E. c. 18.42. E. 3. cap. 3.25. Ed. 3. cap. 2.11. R. 2. c. 4.1. H. 4 c. 10.2. H. 4. Rot. Par. 11. N. 60. 1. E. 6. c. 12.1 m. c. 1. The Petition of Right, 3 Caroli, and laying all our Laws, Liberties, Estates, Lives in the very dust after so many bloody and costly years wars to defend them against the Kings invasions) rayse and keep up what force they will by Sea and Land, to impose what heavy Taxes they please, and renew, increase, multiply and per­petuate [Page 13] them on us as long as they please to support their own encroached more then Regall, Parliamentall, Super-transcendent Arbitrary power over us, and all that is ours or the Kingdoms, at our private and the publique charge, against our wills, judgments, consciences, to our absolute enslaving, and our three Kingdoms ruine, by engaging them one against another in new Civill wars, and exposing us for a prey to our Forraign Enemies. All which with other particulars lately acted and avowed by the Imposers of this Tax, by colour of that pretended Parliamentary Authori­ty by which they have imposed it, I must necessarily admit, ac­knowledge to be just and legall by my voluntary payment of it, of purpose to maintaine an Army to justify and make good all this, by the meer power of the Sword, which they can no wayes justify and defend by the Laws of God or the Realm, before a­ny Tribunall of God or Men when legally arraigned as they shall one day be. Neither of which I can or dare acknowledge with­out incurring the guilt of most detestable Perjury, and Highest Treason, against, King Kingdom, Parliament, Laws and Liberties of the People: and therefore cannot yeeld to this Assessement.

Thirdly. The principall ends and uses proposed in the preten­ded Act and Warrants thereupon for payment of this Tax are strong Obligations to me, in point of Conscience, Law, Prudence, to withstand it; which I shall particularly discusse.

The First is, the maintenance and continuance of the present Army and forces in England under the Lord Fairfax. To which I say, First, as I shall with all readinesse, gratitude and due respect acknowledg their former Gallantry, good and faithfull Services to the Parliament and Kingdom, whiles they continued dutiful and constant to their first Engagements and the ends for which they were raised by both Houses, as far forth as any man; so in regard of their monstrous defections and dangerous Apostacy from their Primitive obedience, faithfulnesse and engagements in disobeying the Commands and levying open warre against both Houses of Parliament, keeping an horrid force upon them at their very doors, seising, imprisoning, secluding, abusing and forcing away their Members, printing and publishing many high and treasonable Declarations against the Institution, Priviledges, Members and Proceedings of the late, and being of all future Parliaments; imprisoning, abusing, arraigning, condemning and [Page 14] executing our late King, against the Votes, faith, and engage­ments of both Houses, and disinheriting his Posterity, usurping the Regal, Parliamental, Magistratical and Ecclesiastical power of the Kingdom to their Generall Councel of Officers of the Army, as the supreme swaying Authority of the Kingdom, and attempting to alter and subvert the ancient Government, Parlia­ments, Laws and Customs of our Realm: And upon serious consideration of the ordinary unsufferable Assertions of their Officers and Souldiers uttered in most places where they quar­ter, and to my self in particular, sundry times. That the whole Kingdom, with all our Lands, Houses, goods, and whatsoever we have, is theirs, and that by right of conquest, they having twice conquered the Kingdom: That we are but their conquered slaves and Vassals, and they the Lords and Heads of the Kingdome: That our very lives are at their mercy and courtesie. That when they have gotten all we have from us by Taxes and Free-quarter, and we have nothing left to pay them, then themselves will selfe upon our Lands as their own, and turn us and our Families out of doors. That there is now no Law in England (nor never was if we beleeve their lying Oracle Peters) but the sword; with many such like vapouring Speeches and discourses, of which there are thousands of witnesses: I can neither in Conscience, Law nor Prudence assent, much lesse contribute in the least de­gree, for their present maintenance, or future continuance, thus to insult, inslave, and tyrannize over King, Kingdom, Parliament, people at their pleasure, like their conquered vassals. And for me in particular to contribute to the maintenance of those, who against the Law of the Land, the priviledges of Parliament, and liberty of the Subject, pulled me forcibly from the Commons House, and kept me prisoner about two months space under their Martiall, to my great expence and prejudice, without any parti­cular cause pretended or assigned, only for discharging my du­ty to the Kingdom, and those for whom I served in the House, without giving me the least reparation for this unparallell'd in­justice, or acknowledging their offence (and yet detain some of my then fellow-Members under custody by the meer power of the Sword without bringing them to tryall) would be not onely absurd, unreasonable, and a tacite justification of this their horrid violence and breach of priviledge, but monstrous, un­naturall, [Page 15] perfidious, against my Oath and Covenant.

2. No Tax ought to be imposed on the Kingdom in Parlia­ment it self, but in case of necessity, for its common Good, as is cleer by the Stat. of 25. E. 1. c 6. and Cooks 2 Instit. p. 528. Now it is evident to me, that there is no necessity of keeping up this Ar­my for the Kingdoms common Good, but rather a necessity of disbanding it, or the greatest part of it, for these reasons: 1. Be­cause the Kingdom is generally exhausted with the late 7 years Wars, Plunders and heavie Taxes; there being more moneys levied on it by both sides, during these eight last years, then in all the Kings Reigns since the Conquest, as will appear upon a just computation: all Counties being thereby utterly unable to pay it. 2. In regard of the great decay of Trade, the extraordi­nary dearth of cattel, corn, and provisions of all sorts; the charge of relieving a multitude of poor people, who starve with famine in many places, the richer sort eaten out by Taxes and Free-quarter, being utterly unable to relieve them. To which I might add the multitude of maimed Souldiers, with the wi­dows and children of those who have lost their lives in the Wars, which is very costly. 3. This heavie Contribution to support the Army, destroys all Trade, by fore-stalling and engrossing most of the moneys of the Kingdom, the sinews and life of Trade; wasting the provisions of the Kingdom, and enhansing their prices, keep­ing many thousands of able men and horses idle, only to consume other labouring mens provisions, estates and the publick Trea­sure of the Kingdom, when as their imployment in their trades and callings, might much advance trading, and enrich the King­dom. 4. There is now no visible Enemy in the field or Garisons, and the sitting Members boast there is no fear from any abroad, their Navie being so Victorious. And why such a vast Army should be still continued in the Kingdom to increase its debts and payments, when charged with so many great Ar­rears and debts already, eat up the Country with Taxes and Free-quarter, only to play, drink, whore, steal, rob, murther, quarrel, fight with, impeach and shoot one another to death as Traytors, Rebels and Enemies to the Kingdom and Peoples Liberties, as now the Levellers and Cromwellists do, for want of other imployments, and this for the publick good, transcends my understanding. 5. When the King had two great Armies [Page 16] in the Field, and many Garisons in the Kingdom, this whole Ar­my by its primitive Establishment, consisted but of twenty two thousand Horse, Dragoons, and Foot, and had an Establishment only of about forty five thousand pounds a month for their pay; which both Houses then thought sufficient, as is evident by their Collect. &c. pag. 599. [...]6. Ordinances of Febr. 15. 1644. and April 4. 1646. And when the Army was much increased without their Order, sixty thousand pounds a month was thought abundantly sufficient by the Officers and Army themselves to disband and reduce all su­per-numeraries, maintain the Established Army and Garisons, and ease the Country of all Free-quarter; which Tax hath been constantly paid in all Counties. Why then this Tax to the Army should now be raised above the first Establishment, when redu­ced to twenty thousand, whereof sundry Regiments are designed for Ireland, (for which there is thirty thousand pounds a month now exacted besides the sixty for the Army) and this for the common good of the Realm, is a riddle unto me, or rather, a Mystery of iniquity, for some mens private lucre, rather then the publick weal. 6. The Militia of every County (for which there was so great contest in Parliament with the late King) and these persons of livelihood and estates in every Shire or Corpo­ration who have been cordiall to the Parliament and Kingdom heretofore, put into a posture of defence under Gentlemen of quality and known integrity, would be a far better Guard to se­cure the Kingdom against forraign Invasions or domestick In­surrections, then a mercinary Army of persons and souldiers of no fortunes, and that with more generall content, and the tenth part of that charge the Kingdom is now at to maintain this Ar­my, and prevent all danger of the undoing pest of Free-quarter. Therefore there is no necessity to keep up this Army, or impose any new Tax for their maintenance, or defraying their pretend­ed arrears, which I dare averr, the Free-quarter they have taken in kinde, and levied in money, if brought to a just account, as it ought, will double if not treble most of their Arrears, and make them much indebted to the Country. And no reason they should have full pay and Free-quarter too, and the Country bear the burthen of both, without full allowance of all the quarters levied or taken on them against Law, out of their pretended ar­rears.

[Page 17]And if any of the sitting Tax-makers here object,Object. That they dare not trust the Militia of the Cities and Counties of the Realm with their own or the Kingdoms defence: Therefore there is a necessity for them to keep the Army, to prevent all dangers from abroad, and Insurrections at home.

I answer,Ans. 1. That upon these pretences these new Lords may intail and enforce an Army, and Taxes to support them, on the Kingdom till Dooms-day 2. If they be reall Members who make this objection, elected by the Counties, Cities and Bur­roughs for which they serve, and deriving their Parliamental Au­thority onely from the people (the only new fountain of all Power and Authority, as themselves now dogmatize) then they are but the Servants and Trustees, who are to allow them wages, and give them Commission for what they act. And if they dare not now trust the people, and those persons of quality, fidelity, and estate, who both elected, intrusted and impowred them, and are the primitive and supreme Power; it is high time for their Electors and Masters the people, to revoke their authority and trusts, and no longer to trust those with their purses, liberties, safety, who dare not now to confide in them, and would rather commit the safeguard of the Kingdom to mercinary, indigent soudiers, then to those Gentlemen, Free-holders, Citizens, Bur­gesses, and persons of Estate who elected them, whose Trustees and Attourneys only they professe themselves, and who have greatest interest both in them and the Kingdoms weal, and those who must pay these Mercinaries, if continued. 3. The Gentle­men and Free-men of England have very little reason any longer to trust the Army with the Kingdoms, Parliaments, or their own Liberties, Laws and Priviledges safeguard, which they have so oft invaded; professing now that they did not fight to preserve the Kingdom, King, Parliament, Laws, Liberties and Proper­ties of the Subject; but to conquer and pull them down, and make us conquered slaves in stead of free-men: averring, that all is theirs by conquest. And if so, then this Army is not, cannot be upheld and maintained for the Kingdoms and peoples com­mon good and safety, but their enslaving, destruction, and the meer support of the usurped Power, Authority, Offices, Wealth, and absolute Domination only of those who have exalted them­selves for the present above King, Parliament, Kingdom, Laws, [Page 18] Liberties, and those that did intrust them, by the help of this trust-breaking Army, who have stained all the glory of their for­mer Noble Victories and Heroick Actions, by their late dege­nerous unworthy practices, and are become a reproach to the English Nation in all Christian Kingdoms and Churches.

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

To which I answer in the first place, That it is apparent by the printed Statutes of 25. E. 1. c. 6. 1 E. 3. cap. 5.7. 18. E. 3. c. 7. 25. E. 3. c. 8. 4. H. 4. cap. 13. Cooks 2 Institutes p. 528. and the Protestations of all the Commons of England in the Parliaments of 1 H. 5. nu. 17. and 7. H. 5. n. 9. That no freeman of England ought to be compelled to go in person, or to finde Souldiers, Arms, Conduct-money, Wages, or pay any Tax for or towards the main­tenance of any forreign War in Ireland, or any other parts be­yond the Sea, without their free consents in full Parliament. And therefore this Tax to maintain Souldiers and the War in Ireland (neither imposed in Parliament, much lesse in a full and free one, as I have proved) must needs be illegall, and no ways obli­gatory to me, or any other. 2. Most of the ancient Forces in Ireland (as the Brittish Army, Scots, and Inchiqueen's) towards whose support the twenty thousand pounds a month was de­signed, have been ever since declared Rebels, Traytors, Revol­ters, and are not to share in this Contribution: and those now pretending for Ireland, being members of the present Army and to be paid out of that Establishment, there is no ground at all to augment, but decrease this former monthly Tax for Ireland, o­ver what it was before. 3. Many of those now pretending for Ireland, have been the greatest obstructers of its relief hereto­fore: and many of those designed for this Service by lot, have in words, writing, and print protested they never intend to go thither, and disswade others from going, yet take free-quarter on the Country and pay too under that pretext. And to force the Country to pay Contribution and give Free-quarter to such Cheaters and Impostors, who never intend this Service, is both unjust and dishonourable. 4. If the Relief of Ireland be now really intended, it is not upon the first just and pious grounds, to [Page 19] preserve the Protestant party there from the forces of the bloo­dy Popish Irish Rebels, with whom (if report be true) these sitting Anti-Monarchists seek and hold correspondence, and are now actually accorded with Owen Ro-Oneal and his party of blodiest Papists; but to oppose the Kings interest and title to that Kingdome, and the Protestant remaining party there adhering to and proclaiming, acknowledging him for their Soveraign; least his gaining of Ireland should prove fatall to their usurped soveraignty in England, or conduce to his enthroning here: And by what Authority these now sitting can impose, or with what conscience any loyall Subject who hath taken the Oaths of Supremacy, Allegiance, and Covenant can voluntarily pay any con­tribution to deprive the King of his hereditary right & undoubt­ed Title to the Kingdoms and Crowns of England & Ireland and alter the frame of the ancient Government & Parliaments of our KingdomsSee a Col­lection p 94, 95 99 698.700.877, 878. Remonstrated so often against by both Houses, and ad­judged High Treason in Canterburies and Strafffords cases, for which they were beheaded and by themselves in the Kings own case, whom they decolled likewise) without incurring the guilt of Perjury and danger of High Treason, to the losse of his life and e­state, by the very laws and statuts) yet inforce, transcends my un­derstanding to conceive: VVherfore I neither can nor dare in con­science, law or prudence submit to this contribution.

Fourthly. The coercive power and manner of levying this con­tribution, expressed in the Act, is against the Law of the Land, and Liberty of the Subject, which is threefold.

First, Distresse and sale of the goods of those who refuse to pay it; with power to break open their Houses (which are their Castles) doores, chests, &c. to distrain; which is against Magna Charta. cap. 29. The Petition of Right; The Votes of both Houses in the case of Ship-mony, 1 R. 2. c. 3. and the resolution of our Judges and Law-books. 13. Ed. 4.9.20. E. 4.6. Cook. 5. Report. f. 91.92. Se­maines case, & 4. Inst. p. 176, 177.

Secondly, Imprisonment of the body of the party till he pay the contribution, being contrary to Magna charta; The Petition of Right, The resolution of both Houses in the Parliament of 3 Caroli in the case of Loanes; and 17 Caroli, in the case of Ship-mony, the judgment of our Judges and Law-Books collected by Sir Edward Cook in his 2 Insti. p. 46. &c. and the Statu. of 2 H. [Page 20] 4. Rot. Par. n. 6. unprinted, but most expresse in point.

Thirdly, Levying of the contribution by souldiers and force of arms, in case of resistance, and imprisoning the person by like force: ad­judged High Treason in the cases of the Earl of Strafford, and a levying of war within the Statute of 25. Ed. 3. by the late Parlia­ment, for which he lost his head: and so proved to be at large by Master St. Iohn in his Argument at Law at the passing the Bill for his attainder, Printed by Order of the Commons House.

Fourthly, (Which heightens the illegality of these illegall means of levying it) if any person whose goods are destrained, or person imprisoned for this illegall tax, shall bring his Action at Law, or an Habeas corpus for his relief. The Committee of Indemp­nity will stay his legall proceedings, award cost against him; and commit him a new till he pay them, and release his suits at Law, and upon an Habeas corpus, their own Sworn Judges created by them, dare not bayle but remaund him against Law. An oppression and Tyranny, far exceeding the worst of the Behead­ed Kings; under whom the Subjects had Free-Liberty to sue and proceed at Law both in the cases of Loanes, Shipmony and Knight­hood, without any Councel-Table, Committee of Indempnity to stop their suits, or inforce them to release them; and therefore in all these respects (so repugnant to the Laws and Liberty of the Sub­ject) I cannot submit to this illegall Tax, but oppugn it to the utetrmost, most invasive on our Laws and Liberties, that ever was.

Fifthly, The time of opposing this illegall Tax, with these un­lawfull ways of levying it, is very considerable and sticks much with me; it is (as the Imposers of it declare and publish in ma­ny of their new kind of Acts and devices) in the first yeare of Englands Liberty, and redemption from thraldom. And if this unsup­portable Tax, thus illegallly to be levied, be the first fruits of our first years Freedom, and redemption from thraldom, how great may we expect our next years thraldome will be, when this little finger of theirs is heavier by far then the Kings whole loynes, whom they be­headed for Tyranny and Oppression?

Sixthly, The Order of this Tax (if I may so term a disorder) or rather newnesse of it, engageth me, and all lovers of their Countries Liberty, unanimously to withstand the same. It is the first, I finde, that was ever imposed by any who had been Mem­bers [Page 21] of the Commons House after a Parliament dissolved; the Lords House voted down, and most of their fellow-Commoners secured or secluded by their connivance or confederacy with an undutiful Army. VVhich if submitted to, and not opposed as illegall, any forty or fifty Commoners, who have been Members of a Parliament, gaining Forces to assist and countenance them, may out of Parliament now, or any time hereafter, do the like, and impose what Taxes and Laws they please upon the King­dom, and the secluded Lords and Commons that once sate with them, being incouraged thereto by such an unopposed prece­dent. VVhich being of so dangerous consequence and exam­ple to the constitution and priviledges of Parliament, and Liber­ties of the people, we ought all to endeavour the crushing of this new Cockatrice in the shell, lest it grow to a fiery Serpent, to consume and sting us to death, and induce the Imposers of it, to lade us with new and heavie Taxes of this kinde, when this expires (which we must expect, when all the Kings, Bishops, Deans and Chapters Lands are sold and spent) if we patiently submit to this leading Decoy; since Matt. Paris, p. 517. Bonus Actus inducit consuetudinem, as our Ancestors resolved, Anno 1240. in the case of an universall Tax, demanded by the Pope; whereupon they all unanimously opposed it at first;

being the safest rule of State-physick we can follow in such new desperate Diseases which endanger the whole Body-politick. Upon which grounds the most consciencious Gentlemen and best Patriots of their Country opposed Loans, Ship money, Ton­nage, Poundage, Knighthood, and the like late illegall Impositi­ons of the King and his Councell in the very beginnings of them, and thought themselves bound in Conscience, Law, Prudence so to do, though there were some colourable reasons and prece­dents of former times pretended to countenance them. And if these VVorthies conceived themselves thus obliged to oppose those illegall Impositions of the King and his Councel, though countenanced by some Judges opinions as legall, to their im­mortall honour, and high esteem both in Country and Parlia­ment, who applauded them as the principal maintainers of their [Page 22] Countries Liberties; then much more ought I, and all other tenderers of their own and Countries Freedom, to oppose this illegall dangerous Contribution imposed on us by a few fellow-Subjects only, without, yea against all Law or Precedent to coun­tenance it, being of greater consequence, and worser example to the Kingdom, then all or any of the Kings illegall projects or Taxes.

Seventhly, the excessivenesse of this Tax, much raised and encreased, when we are so exhausted, and were promised and expected ease from Taxes, both by the Army in their Remon­strance, November 20. 1648. and by the Imposers of it, a­mounting to a sixt part, if not a moiety of most mens esta [...]es, is a deep Engagement for me to oppose it; since Taxes, as well as Mag. Chart. c. 14. 14. E. 3. c. 6. Cook 2. Instit. pag. 26.27.169.170. Fines and Amerciaments ought to be reasonable; so as men may support themselves and their Families, and not be undone, as many will be by this, if forced to pay it by Distresse or Imprisonment. Upon this ground, in the Parliaments of 1 & 4 Edward the Third we find divers freed from payment of Tenths, and other Taxes lawfully imposed by Parliament, because the People were impoverished and undone by the Warres, who ought to pay them. And in the printed Statutes of 31 Henr. 6. c. 8. 1 Mariae c. 17. to omit others, we find Subsidies mitigated and released by subsequent Acts of Parliament, though granted by precedent, by reason of the peoples poverty and inability to pay them. Yea, som­times we read of something granted them by the King, by way of aide, to help pay their Subsidies, as in 25. E. 3. Ra­stal, Tax 9. & 36 E. 3. c. 14. And for a direct president in point: When Matt. Paris, p. 516. Peter Rubie the Pope's Legat in the year 1240. exacted an excessive unusuall Tax from the English Clergie; the whole Clergy of Berk-shire (and others) did all and every of them una­nimously withstand it, tendring him divers reasons in writing of their refusall, pertinent to our time and present Tax; whereof this was one, That the Revenues of their Churches scarce sufficed to finde them daily food, both in regard of their smal­nesse, and of the present dearth of Corne; and because there were such multitudes of poore people to relieve, some of which dyed of Famin, so as they had not enough to suffice themselves and the poore. Whereupon THEY OƲGHT NOT [Page 23] TO BE COMPELLED TO ANY SƲCH CONTRIBƲTION: which many of our Clergy may now likewise plead most truly, whose Livings are small, and their Tythes detained; and divers people of all ranks and callings, who must sell their stocks, beds, and all their houshold-stuffe, or rot in prison, if forced to pay it.

Eightly, the principall inducement to bring on the payment of this Tax, is a promise of taking off the all-devouring and undoing Grievance of Free-quarter: which hath ruined many Countreys and Families, and yet they must pay this heavy Tax to be eased of it for the future, instead of being paid and allowed for what is already past, according to A Colle­ction, &c. pag. 771. former engagements. Against which I have these just exceptions.

1. That the taking of Free-quarter by Soldiers in mens Houses, is a grievance against the very Common-Law it self, which de­fines every mans House to be his Castle and Sanctuary, into which none ought forcibly to enter against his will; and which with his goods therein he may lawfully See Cook, 5. Report. fol. 91, 92. Semans Case. 7 Rep. Sendels case. Lambert f. 179. Daltons Justice of Peace, 224. 24 H. 8. c. 5 fortifie and defend against all intruders whatsoever, and kill them without any danger of Law: Against all the Statutes concerning See Rastal Title Purvey­ers. Purveyers, which pro­hibit the taking of any mens goods or provisions against their wills, or paiment for them under pain of Felony, though by Commission un­der the great Seal of England. Against the expresse Letter and Provision of the Petition of RIGHT, 3. Caroli. Condemned by the Commons House in their An exact Collection, p. 7 Declaration of the state of the Kingdome of the 15. December, 1641, and charged as an Article against King Richard the second when deposed, in the Parliament of 1 H. 4 nu. 22. Yea, it is such a Grievance, as exposeth the houses, goods, provisions, moneys, servants, children, wives, lives, and all other earthly comforts we enjoy, to the lusts and pleasure of every domineering Officer, and unruly common Souldier. And to impose an unjust, heavy Tax, and induce peo­ple to pay it upon hopes of freeing them from Free-quarter, is but to impose one grievance to remove another.

2. There have been many promises, Declarations and Orders of both Houses and the Generall, for taking off Free quarter heretofore, upon the peoples paying in their Contributions before-hand, as now: and then none should Free-quarter on them, under pain of death; Yet no sooner have they pay'd in their Contribution, but [Page 24] they have been freequartered on as much or more then formerly: the Souldiers, when we tell them of any Orders against Free­quarter, slighting them as so many wast papers, and carrying themselves more unruly: And when complaint thereof hath been made to the Officers, Members, or the Committee for the Army, or in the House; answer hath still been made, That as long as there is an Army on foot, there will be freequarter taken, and there can be no prevention of it, there being a necessity of it: and when any have craved allowance of it, they have found so many put-offs and delayes, and such difficulties in obtaining it, that their expences have equalled their allowance; and after allow­ances made, the moneys allowed have been called for again. So as few have had any allowance for quarters, and given over suing for them, being put to play an after-game to sue for them after all their contributions first paid, and not to deduct them out of their Contributions, which they are still put to do. This pre­text therefore of taking away Free-quarter, is but a shoo-horn to draw on the payment of this Tax, and a fair pretext to delude the People, as they finde by sad experience every-where, and in the County and Hundred where I reside. For, not to look back to the last yeers free-quarter taken on us (though we daily paid our Contributions,) In April and May last past, since this very Tax imposed for taking away Free-quarter, Colonel Harrisons Troopers under the command of Captain Spencer, (who quar­tered six days together in a place, and exacted and received most of them 3 s. others 3 s. 6 d. and the least 2 s. 6 d. a day for their Quarters, telling their Landlords, that their Lands, and the whole Kingdom was theirs) have put Bathwick, Bathford, Claverton, Combe, Hampton, Toustock, Walcot and Wedcombe, small parishes in our Hundred and Liberty, as they will prove upon Oath, and given it me under their hands, to 94 li. 4 s. 3 d. charge; beside what quarters in other parishes of the Hundred Sir Hardresse Wallers Souldiers upon pretext of collecting arrears of Contri­bution not due from the hundred, put it to at least 30 l. charge more for free-quarter, they being very rude and disorderly; and no sooner were we quit of them: but on the 22 and 23 of May last, Col. Hunks his Foot under the conduct of Captain Flower and Captain Eliot pretending for Ireland, but professing they never intended to go thither, marching from Minehead and Dun­ster (the next Westerne Ports to Ireland further from it to op­presse [Page 25] the Country, put Bathwick, Langridge, Witty, Batheaston, Eu­therin and Ford to 28 l. 7 s. and Swainswicke, where I live, to about 20 l. expences for three dayes Freequarter (by colour of the Generals Order dated the first of May) being the rudest and deboistest in all kinds, that ever quartered since the Warrs, and far worse then the worst of Goring's men, whereof some of them were the dreggs; and their Captain Flower, a Cavalier hereto­fore in arms (as is reported) against the Parliament. Their car­riage in all places was very rude, to extort money from the peo­ple, drawing out their swords, ransacking their houses, beating and threatning to kill them, if they would not give them two shillings six pence, three shillings, three shillings six pence, or at least two shillings a day for their quarters, which when extorted from some, they took free-quarter upon others, taking two, three, and some four quarters a man: At my house they were most exorbitant, having (as their Quarter-Master told me, who affirmed to me they had twice conquered the Kingdom, and all was theirs) directions from some great ones above, from some others in the Country (intimating some of the Committee) and their own Officers (who absented themselves purposely, that the Souldiers might have none to controll them) to abuse me. In pursuance whereof some thirty of them coming to my house, shouting and hollowing in a rude manner on May 22, when their Billet was but for twenty, not shewing any Authority, but only a Ticket, [Mr. Prynne— 20] climbed over my walls, forced my doors, beat my servants and workmen without any provocation, drew their swords upon me (who demanded whose Souldiers they were, by what authority they demanded free-quarter, my house being neither Inne, nor Alehouse; and Free quarter against Law and Orders of Parliament, and the Generals) using many high provoking Speeches, brake some of my windows, forced my strong-beer cellar door, and took the key from my servant, ran­sacked some of my chambers under pretext to search for Arms, taking away my servants clothes, shirts, stockings, bands, cuffs, handkerchiefs, and picking the money out of one of their pock­ets; hollowed, roared, stamped, beat the Tables with their Swords and Muskets like so many Bedlams, swearing, cursing, and blaspheming at every word; brake the Tankards, Bottles, [Page 26] Cups, Dishes wherein they fetched strong beer against the ground, abused my maid-servants, throwing Beef & other good provisions at their heads, and casting it to the dogs, as no fit meat for Soul­diers, and the Heads and Conquerors of the Kingdom, as they called themselves; searched the out-houses for Turkies, which they took from their eggs and young ones, Veal and Mutton being not good enough for them: They continued drinking and roar­ing before, at, and after Supper, till most of them were mad-drunk, and some of them dead-drunk under the Table. Then they must have 14 beds provided for them (for they would lie but two in a bed) and all their linnen washed: My Sister answering them, that there were not so many beds in the house, and that they must be content as other Souldiers had been, with such beds as could be spared; they thereupon threatned to force open her chamber door, and to pull her and her children out of their beds, unlesse she would give them three shillings a peece for their beds, and next dayes quarters; and at last forced her for fear of their vio­lence (being all drunk) to give them eighteen pence a piece, assoon as they were forth of doors, and six pence a peece the next day, if they marched not; whereupon they promised to trouble the House no more. Upon this agreement all but eight (who were gone to bed) departed that night, and the rest the next morning. But I going to the Lecture at Bath, some thir­ty of them in my absence came about ten of the clock, not­withstanding the moneys received of my Sister for their Quar­ters, re-entered the house, and would have Quarters again, un­lesse she would give them three shillings a peece; which she re­fusing, they thereupon abused and beat the servants and work­men, forced them to drink with them all that day and night, swearing, cursing, roaring like so many Furies and Divels, brake open my Parlour, Milk-house, and Garden-doors, abused my Pictures and brake an hole in one of them; hacked my Table-boards with their swords from one end to the other, threw the chairs, stools, meat, drink about the house; assaulted my Sister, and her little children and Maid-servants with their naked swords, threatning to kill them, and kick them to gelly, shot at them with their Muskets, forced them out of the House to save their lives: which I hearing of, repaired to my house, and find­ing [Page 27] them all so Bedlam mad, and that they would not hearken to any reason, nor be quieted, I thereupon rode to seek their Captain and Officers at Bath, who purposely absented them­selves; and not finding them till the next morning, I acquaint­ed the Captain then, (as I had done the first night by Letter) with all these unsufferable outrages of his Souldiers (contrary to the Generals Orders to carry themselves civilly in their quarters, and abuse none in word or deed) which would render him and them odious, not onely to the Country and Kingdom, but all Of­ficers and Souldiers who had any civility in them, and be a dis­paragement to the Generall, by whose Proclamation he ought to be present with his Company to keep them in good order, un­der pain of cashiering: And therefore I expected and required Justice and Reparations at his hands; the rather, because I was informed by some of his own Souldiers and others, that they had not been so barbarously rude, but by his incouragement, which if he refused, I should complain of him to his Superiours, and right my self the best way I might. After some expostulations, he promised to make them examples, and cashier them, and remove them forthwith from my house: But the onely right I had, was, that more of his company repaired thither, ma­king all the spoil they could, and taking away some brasse and Pewter, continuing there till neer four of the clock; and then marched away onely out of fear I would raise the Country upon them; many of whom profered me their assistance; but I desi­red them to forbear till I saw what their Officers would do; who in stead of punishing any of them, permitted them to play the like Rex almost in other places where they quartered since, marching but three or four miles a day, and extorting what mo­neys they could from the Country by their violence and disor­ders. Now, for me or any other to give moneys to maintain such deboist Bedlams and Beasts as these (who boasted of their vil­lanies and that they had done me at least twenty pounds spoil in Beer and Provisions, drinking out five barrels of good strong Beer, and wasting as much meat as would have served an hundred civill persons) to be Masters of our Houses, Goods, Servants, Lives, and all we have, to ride over our heads like our Lords and Conquerours, and take Free quarter on us, amounting to at [Page 28] least a full yeares contribution, without any allowance for it, and that since the last Orders against Free-quarter, and warrants for paying in this Tax to prevent it for the future, issued; is so far against my reason, Judgement and conscience, that I would ra­ther give all away to suppress, discard them, or cast it into the fire then maintain such graceless wretches with it to dis­honour God, enslave, consume, ruine the Country and King­dome; who every where complain of the like insolences; and of taking free quarter since the 9 of June, as above two hundred of Colonel Coxe his men did in Bath the last Lords day; who drew up in a body about the Majors House, and threatned to seise and carry him away prisoner for denying to give them free quarter, con­trary to the New Act for abolishing it. Lastly this pretended Act implies, that those who refuse to pay this contribution without distress or imprisonment shall be stil oppressed with freequarter: And what an height of oppression and injustice this will prove not only to distrain & imprison those who cannot in conscience, Law or prudence submit to this illegall Tax, but likewise to un­doe them by exposing them to free-quarter, which themselves condemne as the heighst pest and oppression; let all sober men consider; and what reason I and others have to oppose such a dangerous destructive president in its first appearing to the world.

Ninethly, The principal end of imposing this Tax to main­tain the Army and forces now raised, is not the defence and fafe­ty of our ancient and first Christian Kingdom of England, its Par­liaments, Laws, Liberties, and Religion, as at first, but to disin­herit the King of the Crown of England, Scotland, and Ireland, (to which he hath an undoubted right by common and Statute Law; as the Parliament of 1 Jacobi. ch. 1. resolves) and to levy war a­gainst him to deprive him of it: To subvert the ancient Monar­chical Government of this Realm, under which our Ancesters have always lived and flourished, to set up a New republick, the oppressions and greivances whereof we have already felt (by in­creasing our Taxes, setting up arbitrary Courts and Proceedings to the taking away of the lives of the late King, Peers, and other Subjects against the Fundamental Laws of the Land, creating new monstrous Treasons never heard off in the world before, and [Page 29] the like) but cannot yet enjoy or discern the least ease or advan­tage by it; To overthrow the ancient constitution of the Parlia­ments of England, consisting of King, Lords, and Commons, and the Rights, and Priviledges thereof. To alter the fundamental Laws, Seales, Courts of Justice of the Realm, and introduce an arbitrary Government at least, if not Tyrannical, contrary to our Lawes, Oathes, Covenant, Protestation, See an Ex­act collection: and a collecti­on of publick Orders and p. 99.698.700.877.878. publick Remon­strances and Engagements to the Kingdom and forraign States, not to change the Government, or attempt any of the premises. All which being no less then High Treason by the Laws and Sta­tutes of the Realm, (as Sir Edward Cook in his 4 Institutes ch. 1. and Mr. S^t. John in his Argument at Law, upon passing the bill of Attainder of the Earl of Strafford (both printed by the Com­mons special order) have proved at large by many presidents, Reasons, Records; and so adjudged by the last Parliament in the cases of Strafford and Canterbury, who were condemned and executed as Traytors by judgement of Parliament, and some of these now sitting, but for some of those Treasons, upon ob­scurer Evidences of guilt, then are now visible in others:) I cannot, without incurring the Crime and Guilt of these ge­neral High Treasons, and the eternal, if not temporal pu­nishments incident thereunto, if I should voluntarily con­tribute so much as one peny or farthing, towards such Trea­sonable and disloyal ends as these, against my Conscience, Law, Loyalty, duty, and all my Oathes and obligations to the con­trary.

Tenthly, The payment of this Tax for the premised pur­poses, will (in my poor judgment and conscience) be offen­sive to God and all good men, scandalous to the Protestant Religion, dishonourable to our English Nation, and disadvan­tagious and destructive to our whole Kingdom, hindering the speedy settlement of our Peace, the re-establishment of our Laws and Government, establishing of our Taxes, disbanding of our Forces, revivall of our decayed Trade, by the renewing and perpetuating our bloudy uncivill Warrs; engaging Scotland, Ireland, and all forreign Princes and Kingdoms in a just War against us, to avenge the death of our late beheaded King, the [Page 30] dis-inheriting of his posterity, and restore his lawfull Heirs and Successors to their just, undoubted Rights, from which they are now forcibly secluded; who will undoubtedly molest us with continuall Warrs (what-ever some may fondly conceit to the contrary) till they be setled in the Throne in peace upon just and honorable terms, and invested in their just possessions. And there­fore I can neither in conscience, piety nor prudence, ensnare my self in the guilt of all these dangerous consequences, by any sub­mission to this illegall Tax.

Upon all these weighty Reasons, and serious grounds of Conscience, Law, Prudence, (which I humbly submit to the Consciences and Judgments of all conscientious and Judi­cious persons, whom they do or shall concern) I am re­solved by the assistance and strength of that Omnipotent God (who hath miraculously supported me under, and carried me through all my former sufferings for the Peoples publick Li­berties with exceeding joy, comfort, and the ruine of my great­est enemies and Opposers) to oppugne this unlawfull Con­trbution, and the payment of it to the uttermost, in all just and lawfull wayes, I may; And if any will forcibly levie it by di­stresse or otherwise, without Law or Right (as Theeves and Robbers take mens goods and Purses) let them doe it at their own utmost perill. And I trust God and men will in due season doe me justice, and award me recompence for all the injuries in this kinde, and any sufferings for my Countries Li­berties. How-ever, fall back, fall edge, I would ten thousand times rather lose life, and all I have, to keep a good consci­ence, and preserve my native Liberty, then part with one farthing, or gain the whole world with the losse of either of them; and rather die a Martyr for our Ancient Kingdom, then live a Slave under any new Republick, or remant of a broken, dismembred, strange Parliament of Commons, with­out King, Lords, or the major part of the Knights, Citizens and Burgesses of the Realme, in being subject to their illegall Taxes, and what they call Acts of Parliament, which in reali­ty are no Acts at all to binde me, or any other subject, to obedi­ence, or just punishment for Non-obedience thereunto, or Non-conformity [Page 31] to what they stile the present Government of the Armies modeling, and I fear, the Jesuites suggesting, to effect our King­doms and Religions ruine.