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 Rastall. 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 [Page 2] 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 Grastons 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 An 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 Mr. 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 [Page 3] 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 24. 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 [Page 4] 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 [Page 5] 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 This 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 [Page 6] 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, [Page 7] 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 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 [Page 8] 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 [Page 9] 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.

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