For his Excellency the Lord
Fairfax at his Head-Quarters in London, These.
AMongst others, we are not the least nor last in our rejoycings, to see your Excellencies & your Armies unanimous moving (by serious considerations and reall actings) towards the discharge of that great ingagement which lyes upon us all for the settlement of the Affaires of our Nation, the promotion whereof we have so solemnly covenanted to assert, in order to those ends of Justice and Righteousnesse, now no longer to be left to the fruitlesse and ineffectuall proceedings of a private and prevailing party in the Parliament, who had they proceeded to act, or your Excellency to forbear, all our former endeavours for Freedome had but
in-fine effectuated our misery or servitude, and with fuller force then ever crowned the Temples of a conquered King, giving our Children after us cause to curse our bones for betraying their Birth-Rights: and leaving us like so many guilty Felons with ropes about out necks, to receive the reward of wickednesse at their hands, who could have been content to sacrifice our Carkasses to the Foules of the Aire, our Estates to Tyranny, and our Consciences to Turcisme.
The consideration hereof (some few weekes since) drew us of this Garrison by a Letter to your Lordship, and a Petition to the honest party in the Parliament, to devote (as now to declare) our resolution to live and die with your Excellencie, & your Army in what you have so mutually remonstrated, or shall proceed upon in opposition to all those actings which we have hitherto found too narrow to comprehend, and too weak to conforme those Freedomes which we still pursue.
But it may be objected, that Counsell in the settlement of the Affaires of a State, is a work belonging rather to the long Robe then the short; few Armies having ever been trafted with such undertakings;
[Page 2]yet if providence hath put us upon it, I trust it would better become us to stand like stedfast Rocks for defence of Common Freedome, then after all our endeavours to digresse for base and by-ends, to follow fortune (in her fickle flatteries) who lends her smiles, as Exactors do money, to undoe the Debter.
But I trust we shall no longer agresse into reluctuall and turbulent times; Conscience and a good cause will keep up the depressed scale in every condition; In the Interim, we cannot over-indulge the care of our Country, whilest no other Law is left, but blotted and corrupt Commons, made forth by men of private spirits, who eye our best actions by misrepresenting prospectives. These shadowes (as we may call them) have at the noontide of our distresse crept behind like Dwarfes, in the evening stalked by us like Gyants, and (instead of helping) have hunted our honest endeavours to a sun-set.
Yet some may say: who stops the high attempts of State, lets loose the reines of Government; but to me my Lord it seems much better to perish in a good performance, then basely to prostitute the well-being of a Nation to those principles of abused Power, in the darknesse of whose deeds secret accusations will suggest sad and solitary considerations.
I could therefore wish that the great Trustees of our times would rather incircle themselves in a Character not commacculate with the deserved dashes of disgrace, then spend their envy upon those faithfull Agents for Common Freedome; but if otherwise, your Excellencie may assure your self the great & high God wil not alwaies allow the crafty cunning of contriving bosomes to devest this Army of that honor it hath bought with the blood of so many Princely Spirits.
I speak not this, my Lord, to arrogate any thing to your own or your Armies actions, for we have seen enough to make us forsake ourselves in our strongest valuations; all successes are unsanctified where ambitions boast a merit; therefore in this last act of our Age, let us not as men (my Lord) but as Christians, relate our resolutions to the goodnesse of our cause, not the greatnesse of our courage. Thus let us stand (though fatally resolute) to fall under, or finish that Freedome for which your Excellencie dares to be so good in these bad times, or to resolve rather to perish with
[Page 3]your honest Officers and souldiers, then otherwise to enjoy the Genius of a temporall happinesse.
We have hitherto experienced, the power and policy of the greatest Potentates cannot divert the decrees of God against the Injustice of their actions; all concurrences fall forth to the furtherance of those fatall commutations, for the effectuating whereof, the piety of our natures are pricked forward, and the counsell of our Adversaries (like
Achittophels) infatuated and confounded. Yet such is the pride of many spirits, that they will still strive to cast so much malice upon the story of our times, as cannot consist with the stile of a modest pen to reply upon, as if they intended not to forget us in their graves, or to be equally cruell to our memories: Therefore all our best actions or intentions are by their malicious Alchymy substracted into Crimes, or where (they should be honourably mentioned) either scornfully transmitted, or by injurious constructions perverted; but if hereafter their injustice suffer under a more deserved Doom, they may say, this observation hath the vertue of an Oracle in it. In the Interim, I shall leave them to their own delusions; because no argument hath vertue, nor vertue argument enough to avoid them.
Pardon my Lord, that I have deviated from my more immediate instruments and intentions; in pursuance whereof Major
Waterhouse (as the representative of this Regiment and Garrison) is appointed to present your Excellencie & your General Councell with our particular concernments, and mutuall concurrences, as also that by admission to your Councells, he may administer his assistance towards the accomplishment of those remonstrated principle, whereunto we not only pray your Excellencie speedily to proceed, but also (as we have accordingly declared) promise to attend those ends, which will not onely render you the full honor of your Armes, but (even in these worst times) give you Characters amongst the miracles of worthyest men; in the Interim it shall be my honor to remain,
Hull
January 9. 1648.
Your Lordships most obedient and Faithfull Servant,
R. Overton.
The Declaration of the Officers belonging to the Garrison of Hull.
Presented to his Excellency the Lord Generall
Fairfax, and his General Councell, in order to the Peace and settlement of the Kingdome.
VVE doubt not but the unsatisfied party of this abused Kingdome will wonder that we still renew our reiterated Declarations, as if we intended to turne State Reformers in their steads who have therewith hitherto been intrusted. It is true, we never expected to be put upon such imployments; nor find we any felicity therein: but having by all means submissively shewed our conformity to the old rule of
Cuncta prius tentanda, &c. yet instead of redresse, finding nothing but delay, we are constrained to search into the ground of this ingratitude, and to expose or display it to the view of the world.
Herein we conceive our selves sufficiently authorized by the practice of the best State, and the precept of the best of Oratours, who in his Oration against
Verres, hath taught us, that
in publice crimine quilibet non debet non esse accusator, and where such practices shall appear inconsistent with the welfare of a Nation, opportunity to check them and provide for a remedy.
Nor can we any waies doubt of a successe sutable to the rest of our undertakings, being assured, that our prosperous Armies were never supported by a better Cause; and therefore that you be no longer held in suspence, what it is that we (as well as others) declare against, or do desire, be pleased in the first place seriously to consider your condition before these Warrs; secondly, The reason of our ingaging in them; thirdly, The promises of our Publique Trustees in case our successes enabled them to a performance; and lastly we having rendred them such as they desire to be, how well they have acquitted themselves of their promises and trust.
In severall Declarations, especially in that of December, 1640.
[Page 7]they have represented to us the state of this Kingdome, groaning under the arbitrary pressures of an unlimited Soveraignty by Ship-moneys, Monopolies, innovations of Prelates in Church-Discipline, interruptions of Parliamentary proceedings by the Regall dissolving Vote, with the other illegall Tazes and tyrannies, which we only point at in this place.
For these no cure was held out so catholique as a Parliament, though even Generall Councells have foully erred in matters of Faith, and that of the highest nature, yet we hoped better things from our Nationall Convention, insomuch that never any people so thirsted for a free Parliament as we; never any people so assisted a Parliament in theirs and the publike necessity. Have we not rendred their Councells successefull, and (through Gods assistance) inabled them to restore us to all those bene
[...]s of safety in person, propriety in goods, and purity in profession, which they so frequently declared to assert?
And though we are not ignorant how remote our condition is from those ends, or how little our pressures are abated, yet can they not deny but that we have discharged our parts in the field; which if gainsaid, Pulpits and printed Gratulations would convince them: Had they in their sedentary devoirs been so successefull in the service of the State, by whose authority they act, out pressures had by this time been abated, reformation setled, debts payed,
Ireland relieved, and the streame of the publike disbursements reduced to its proper and ancient channell.
But on the contrary, to our great grief we see, our distractions grow greater, and our wounds wider, by the unrestrained appetites of self-seeking parties both in Church and State, as if the enemy of mankind did despaire to accomplish his designes against Christianity by the Romish Jesuite, without a Protestant Priest and pestilentiall Politician; the little fingers of whose insolency and avarice are grown heavi
[...]
[...]hen the loynes of Soveraignty or Episcopacy. For, besides what our State-mongers have perverted to private ends, some of the Long Robe, who have preached against Pluralities, have annual salaries amounting almost to 1000. l.
per annum. If we inquire what their imployments are to answer such in-comes, we shall finde amongst many little besides the preaching of themselves and their owne authority over their
[Page 8]fleeced flocks: yet whatsoever some of them decree in the Church, or the Parliament in the State; must (as if infallible) be received with an implicite obedience, no dispute, no Petition, no Remonstrance, unlesse it speak the sence of a prevailing party in the Parliament, and be ushered in by a totall resignation of our selves, can be accepted.
To this tamenesse have we suffered our selves to be brought, and might so perhaps have continued, had not the late actings of our Trustees sufficiently informed us, that warr cannot be too much suspected which is obtruded upon termes not to be looked into. And therefore if the attempts of such lawlesse usurpers run so high whilest we have a faithfull Army on foot, what will they do when we are disbanded, and they backt with an indisputable power! If they once dare to declare us enemies for but intending to Petition for due pay and deserved indempnity, how boundlesse would they be (if under private and popular Notions) they could without controule pursue their own interests and appetites!
Is not therefore the present actings of our Officers and Army proper to settle Peace, as to disappoint the pursuances and plots of private spirits? would it not better become us to die with our swords in our hands, then (after we have vindicated the publique Liberty against the power and pride of Princes) to succumb under the servitude of our fellow-subjects, how great soever? for which of our good deeds do we deserve to be destroyed? are they angry because we are about to expedite the peoples Peace and preservation? are we not therefore properly provoked to snatch the wreath from off their brows, which (by the mercies of the Almighty) our late conquering swords have crowned them with! is this the requitall and income of all our difficulties undergone, perills past, lives lost? Is this the fruit of our victory acquired? have we for this so frequently removed their foes and feares, secured their safety, or rendred them capable of the full execution of due, but deferred Justice? Was it not for this cause we covenanted, hazarding our lives ao preserve our Liberties? yet after all must we sit still to see oppressions unsupprest, Justcie perverted, grievances augmented, and Tyranny Re-inthroned?
In this so sad a condition may we not with
Adrian the Emperour cry out,
Multitudo Medicorum me perdidit? may it not properly be applyed to the late prevailing party in our present Parliament,
[Page 9]whose apparent declinations from their honoured undertakings (whether we eye their private leterests, or unparliamentary proceedings) looke with so foule a face upon us, as we may justly question, whether there be not as great a necessity of transferring that Trust from its abusers, as erst to make use of their undertakings? Nay, we may boldly assert their carryings on for pretended preservations, have been so costly to us, and so commodious to themselves, that there is no capacity so weak, but too aptly apprehends it for a truth, that it is better to be stung with one Hornet, then a whole nest; better one Pope, or one Tyrant then a multitude: may never so malignant a Genius possesse a Parliament as to render our endeavours to regaine true liberty uselesse.
Yet how is the State of England altered, and from the pity of its enemies become the envy of her false and feigned friends, for whom our care and conscience gave us courage to ingage; our courage begot their present power, their power our servitude and calamity. A strange kind of requitall some will say, that those heads should cut off these hands, by which they have climbed to that dezelling greatnesse, from whence they but giddily discern either themselves or us, whom they still strive to thrust even with the hazzard of the Nation and their owne ruine, beneath the honour of our Armes into a condition of servitude, beggery and basenesse; witnesse the contemptible price of blood paid to some, whilest other impoverished Petitioners are constrained to stand perpetuall Centinells to want and wrong, whilest some of their own indeered darlings lie stowed in plenty and secure reposes, being in as deep Arrears for service to be done, as others are for pay that's due.
Certainly, the free and faithfull Commoners of England did not intrust them thus to act their own ends, or to accumalate and divide such vast proportions of treasure amongst themselves and Sycophants, whilest worthier Members, and more publike spirited persons are famished and defrauded: this is so cleare a truth, as he that runs may read. Have we any thing desirable here more then the care of our consciences, the freedome of our persons, community of friends, and propriety of goods? In all which should we declare how much both our Countrey and we have suffered in a patient expectance of a happy issue, we should adde to our calamities one vexation more then ever our Trustees intended
[Page 10]us; for had they believed that any durst have been so bold us to arraigne their actions, we may charitably think they would have been more wary in disobliging those for whom they are and ought to act.
For those last six yeares, what hath been the constant cry of the prime Potentiaties in our great Councell, but the Liberty of the Subject, and the Priviledge of Parliament; the former whereof we now see is almost swallowed up of the latter, witnesse the Goale-books of Newgate, the Tower, the Gatehouse, and other places of Purgatory, where publike spirited persons lie impoverished and imprisoned in a hopelesse and helplesse condition, languishing after a legall tryall: Be assured all ye native noble English, that the same contrivance which provides mannacles for their hands, would in time see that no fetters should be wanting for your feet.
But must the Medium whereby we are conveyed into this pretended blessednesse, and by which so many millions have been serewed forth of seduced purses, be no other then that old and ancient Qualepipe, publike necessity; Oh invincible argument! endlesse necessity, which perhaps our abusers did never resolve to have done withall whilest we had either juice to squeeze, or tamenesse to suffer it: Is any Art either ancient or moderne omitted to exhaust the treasure of these times? witnesse the reported dividend of some hundred thousand pounds amongst some select Members, to recruit not so much perhaps their pretended losses, as their crack'd estates, whilst the publike debts of the Kingdome with our dearly earned Arrears, are throwne in amongst things most fit to be forgotten.
Surely strangers might think the Parliamentary Revenues were at a low ebbe, when they are seen, and seem compelled to shuffle off their friends and the peoples supporters; but were some of the Receipts accounted for, it would happily strike amazement into all that have but sleightly considered it; for setting aside all the rooking Committees both in City and Countrey, whose names and natures might almost call the profession of Christianity it selfe in question, do but consider the vast Contributions of Associated and reduced Counties, Deanes and Chapter Lands, Pole-moneyes, Sequestrations, old and new loanes on Publike Faith, Seizures
[Page 11]on the whole Revenue of the Crowne and Miter, fifty Subfidies at once, fifth and twentieth part, Adventures, free gifts, Taxes for British moneyes for almost ruinated, and (if some say true) cheated Ireland, besides the vast accumulations of treasure by Compositions and Pardons, there being, as we are informed, at the end of the first Warre about or above 8000. Compounders, whose Compositions if computed but at 200. l. a man one with another, which in the generall is much undervalued, and their pardons at 36. l. a piece, the totall when levied, which undoubtedly was long since done, according to the exactest Computation, would almost amount to eighteen Millions, to which the Customes and Excize throughout the Kingdome addes many thousands more weekly: And yet some of our Stewards have been pleased to put on such a vizard of poverty, that two hundred thousand pounds could not be paid to our Brethren the Scots, without the sale of Bishops Lands; thus a new device and tax must alwaies do the worke in hand, still to secure and increase the sacred heap; a bank doubtlesse were it brought together into one bulke, which some of them have courteously carved to one another, would vie the treasure af all the Jews in Spain or Italy.
Can we then believe that these our friendly Feoffees after the contraction of so much guilt would ever patiently return to their private fortunes? or give up their accompts to their fellow-Commoners of England, whose Stewards they are, and erst had the modesty to acknowledge, that the power was ours by which they acted? which if true, as undoubtedly it is then are we certaine that the last appeale and resolution must be to and from us. Notwithstanding this they would become our gront Lords, some of them having besides the corrupt acquiring of their Burgesseships, sate so long as to bring in their children to sit at the Sterne of State, meaning no doubt to transmit this new principality from Generation to Generation. But have we in the interim any assurance of either Law or Liberty, save what proceeds from their arbitrary breathings? What did ever any Nation undergo by a forraigne conquest, which hath not in this last eight yeares been practised upon this?
Tacitus the wisest of the Romane Historians sew forth, that the times were so base and bad under
Nero and
Domitian, that none
[Page 12]durst complain of them, the people being grown so tame with sufferance, that they had almost lost their memories. But it may be objected, there was never any Government which pleased all, or hath not upon tryall and experience had its inconveniences. The severall States of Sparta, Athens, and Rome it self, thought they had well provided against the Tyranny of their Princes by their
Ephori, Decemviri, &c. yet these found such a venery in exercising their severall powers on those that gave them, as in fine a new publique necessity was discovered which way to put those down, who had deserved no better whilest they were up.
We might draw the Parallel nearer to our times, should we examine whether some of our Representators have not transcended in their tyrannies, whatsoever hath been acted by those forementioned names of infamy: or secondly, whether the injured Freemen of England may not justly reassume their misimployed power, and call the Authors to account for acting contrary to common trust, safety, and satisfaction: but it will be more benificiall to pitch upon expedients for Peace and Freedome, or for the future to secure our selves against all arbitrary Powers, whether Regall or Parliamentary.
But by the way, peradventure some may object and say, suppose this ill compacted body of Parliamentary power, be by the present moving of the Army either extinguished or reduced to a better temper, and that the disposall of the Supreme Power suffer under the Sword, what assurance is there that the souldier will not misimploy the power which we have intrusted with those whom you are about to take it from?
This is
Argumentum ad hominem, and seeing that the intentions of men cannot be looked into, our best conjecturall light must arise from precedent actions, and in this particular we dare stand the attest of our most crying adversaries; we neither have nor desire better witnesses touching our deportment, then your selves, we wanted neither presidents nor opportunities to have inriched our selves by secret fraud or open violence ever after our Army appeared so considerable at Naseby; what might we not have done when we marched from New-market through London, or what can hinder us now that we are in it from making our selves Masters of that whereby others become both wretched and miserable?
[Page 13]but we trust, that power which hath hither to given us so many testimonies of Mercy, will to the end actompany us in all our deportments, which if compared with the tyrannicall fleecings of severall Trustees or their substituted Committees, we doubt not but reason will promp you rather to embrace a protection from those for the present, whose civilties have oredone expectation, then longer to lye under their insultings which have hitherto so fouly falsified.
Besides, if we had been so base as to chaffer for your Freedome, temptations to take us off have not been wanting, even by some of those who have formerly been fo fierce against us; we speak not this to kindle a fire-brand to tye
Sampson's foxes together by the tailes; but rather to stirre you up to take notice in time what danger you are in to be undone: let Westmimter witnesse it by the many red eyes and wet handkerchiefs of poor Widdowes waiting for the wages of their deceased husbands, besides halfe-starved Officers attending the Returnes to their Petitions, with charges great as the successe is little, whilest kindred and creatures have their suggested services rewarded, and their pretended losses plentifully repay'd; the account whereof is frequently cast up false by kindred, airy Courtiers, and oyly mouths, and formall flatterers; yet in the mean time those of more weighty and substantiall worth have neither Oratours nor Advocates to mention their merits, or to write Narratives of their neglected necessities.
Oh! whether is
Astrea fled? what is become of Common Justice, that most essentiall part of Magistracy! have our politique Bodies lost all the life-bloud of Love? can these Philistines put forth
Sampson's eyes, and not expect that a free people inraged by the lesse of their dear purchased Liberties should pull down the Pillars of their abused power? When Magistracy degenerates into Tyranny, are we not disobliged from our obedience, and put upon the freedome of naturall indeavours for preservation? Surely the Sword of Justice was not committed to their keeping to cut our throats: He is highly ignorant and blind, who thinks humane obedience binds us to sleight a publique preservation. In this respect a free people never want a full power. Tyranny is Tyranny in whomsoever, and wheresoever resistable. Nature in the inferiour creatures fortifies her self defensively, and hath her nobler peace of wonder a lesse priviledge?
Their own Deciarations have taught us, that all power
[...]
[...] stive and conditionall on our part; therefore King
Jan
[...]s
[...] he had as great an itch of Monarchy upon him as other
[...] proclaimed in open Parliament, that,
Nihil aliud patest Rex quám quad Iure potest. And
Bracton de Corona tells us,
Quande Rex
[...] per Legem r
[...]git, non ampliùs Rex est, sed Tyrannus. The best of Primces ever kept their bounds, acting to Gods greatest glory, knowing the Soveraig
[...] power to be the Peoples, from whence they derive their Principalities, next that great Law-giver, who assures u
[...] ▪ That the service due from man to man is not coercive, or distinguished from equall nature, save for safety sake. It is but the overflowings of Fancy, or an Optique mistake that lets loose the reines to the sence of a lawlesse Soveraignty, provoking Princes to suppose themselves greater then their Maker ever meant. Surely Parliaments cease to be Parliaments, when they cease to be just Powers; as Kings cease to be Kings, when by overstretching the reints of Government, they forget to be good and just: therefore Justice defines Magistracy, as law lesnesse doth tyranny and arbitrary usurpation.
How much then are we concerned to oppose all illegall proceedings? how much more as Souldiers obliged, who have been more desperately ingaged, and (for ought we yet find) so dangerously deluded, in being made the unhappy instruments of advancing private interests with publike spirits. Seeing therfore we have hitherto been perverted, as to promote their private projects, who care not if we died like dogs, so they might live like Prinees, who give us cause to despaire of any good ever to proceed from them. And in as much as none can merit the title of true Patriot, who indeavour not to deliver their countrey from all her calamities; we do therefore see how necessary it is we be no longer blinded in our obedience, or shackled by our Fellow-subjects, in subordination to their lawlesse lusts, who in the nature of their imployments are the Kingdoms Servants to mannage its Interest, not their own, further then conjoyned with ours, which they have hitherto too much contemned or trampled upon.
Since therefore to their Papall predominance, they would have added a Popish infallibility, whose Decrees admit no dispute or
[Page 15]rejection, but resolved so remain the everlasting Land Marks of out dre
[...]d, in reference to their own
[...]eries and our blind obedience. It will behove us now at last to pray Almighty God to restore us to our wits, for if he make us wise (through his goodness and merey) we may make our selves happy.
Now that the world may know we strike only at the persom of offendors, not at the Parliament, but the corrupted party in it; we do therefore in the presence of Almighty God whose presence we expect, according to the sincerity of our souls) publish and declare to the whole Kingdom, That upon serious thonghts and due can mination, we have found and do believe a prevailing party in the Patliament to be the propagators of many miseries and calumities which now sit heavy on this Kingdum, and that their long continuance in this usurped Soveraignty is litterly inconsistent with all our sufeties; not that we are ignorant of, or unwilling to acknowledg the special power of Parliaments, or that we believe all the Members to have deserved this so severe a centure, for we are confident of the contrary: Yet inasmuch as it is rather frequency of Parliaments then perpentity, that must make us happy, the latter being too great a temptation to Tyranny; we with the rest of our fellow subjects and foldiers (who by the confession of our Trustees, have within our selves the supream and original power to provide for the Common Safety, when we find, as now we do, our trust abused and betrayed,) do therefore declare;
1. That, together with the King and his Capital Creatures, the evil Members of both Houses have justly forfeited their Power and Priviledg; and to the end therefore that others who shall succeed in the managements of this Trust, may know that they act not only their own business, but ours; therefore that this Kingdom may at last acquire its banished peace and welfare, we do in the first place, with the rest of the Army, desire the speedy execution of due and distributive Justice to all and every Capital Offendor.
2. That all inferior Delinquents do submit to the present judicial Power.
3. That a speedy period be put to this present Parliament, and a new Election of faithful Members made.
4. That there be a succession of free and future Parliaments, with secure provissions for their meeting, sitting and ending; such neither electing, not to be elected, as were in Arms or other ways pre-engaged against us.
5. That so many of the old Members as have not crept in by corruption, (and against whom there shall not appear crimes sufficiently scandalous to make them incapable,) may be incouraged and continued, until the dissolution of this present Parliament.
6. That all Elections may be according to due and equal distributions.
7. That by an universal and mutual Agreement, it be enacted and decreed,
in perpetuam rei memoriam, that the power of all future Representatives may be inferior only to that of the people, in order to the preservation of them in their just and proper Rights, and that the observation thereof be added to the oath administred to every Member upon his admission into the Parliament.
8. That henceforth the things of Common Right and Justice be left to the Laws well Regulated, and proper Officers being appointed for ordinary matters, a Councel of State may more aptly apply themselves to those extraordinary administrations of Parliamentary Power.
9. That the publique Petitions of the people may be more seasonably considered, and speedily dispatched (as is forementioned in the large Remonstrance) it will be requisite to afford Liberty of entring dissents against such Representatives as appear either unfaithful or unpliant to the Trust of the People.
10. That all future Kings be hereafter elected by the Peoples Representatives upon conditional trust, or without claiming any negative voyce against, or beyond the power of
Parliaments.
11. That the succeeding
Parliament may remember the self-deing Ordinance, and speedily pursue an impartial account of the Kingdoms imbezelled treasure, which being discovered we doubt not but sufficient will be found to discharge the publique debts of the Kingdom, and speedily to make
Ireland pay the price of that blood which it hath so inhumanly shed.
12. That the matters of general Settlement be proposed by the
Parliament, and agreed unto with the subscriptions of the People, the like Award may be made, and in the same case required to be performed by all succeeding Kings, and other publique Officers of State or Trust.
13. That no future Convention of
Parliamentary Power be above Biennial, or do henceforth presume to exempt their persons
[Page 17]from being liable to discharge their debts, or to satisfie their Creditors by this means. if hereafter we should be so unhappy as not to be acquainted with
Parliamentary Justice, or if future
Parliaments should prove like this, yet their domination being circumscribed within a limited time, they will (as it is well observed) be afraid to commit those insolencies, which will be avenged them at their return into a private condition.
14. And foreseeing the dis-joynedness of the times, and the opposition we stand in to
Ireland, and other domestique and forraign enemies; it will be requisite that a standing Militia be continued in experienced and approved hands.
15. That in order to the removal of jealousies and fears, it is further by us desired, (as more conducing to a speedy and perfect
Peace) that an Act of Oblivion may be past for inferior offendors, from the benefit whereof we only exclude those whose Crimes are Capital, of which number we put in the forefront the corrupt Members of this present
Parliament, with their deputed Creatures and Committees, who either cannot or wil not give account of the publique treasure by them purloined; these in the first pla
[...]e we desire may be driven to Restitution, or to make their persons satisfie, if they shall not discover upon their own oaths, or of any other whom they shall be required to bring in for the further discovery of their estates, in order to the intended satisfaction: though our professions do not qualifie us to new-mold a State, yet necessity having cast it upon our care, providence puts us to point at these general conducements towards so necessary a work, which we cast in as our mite with the more full and effectual Remonstrance of the Army.
16. That such of the Assembly as claim their Authority in the Assembly
Jure Divino, may be speedily abrogated
Jure Humano, unless they can make it appear they have not illegally intruded upon their place and power; And that we may hereafter (by all their great expence of time and treasure) be as much satisfied as themselves. Amongst some of whom the Church Revenues have been parcel'd forth into such large portions as might enable them to maintain the pride and luxury of Cardinals, whilest their forsaken and fleeced Flocks are forced to attend the Alms of others, perhaps more precious for parts and piety, and yet but pensioners to their pride and pluralities, though exceeding them as far in grace as they do others in good livings: Such Lackwings are the Cankerworms of our souls,
[Page 18]as corrupt Committees are the Horsleeches of our Estates, the
[...] devours our goods, the other our good names: The
Tenents of
[...] one (in matter of Regal Supremacy) are inconsistent with the known Laws of the Land, and the other, in point of traiterous practices, for profits sake, are perfectly principled against them.
17. Now, to the end we may live at unity amongst our selves, the stronger not insulting over, but bearing with the weaker, and both glorifying God by an unblameable conversation; there is another sort of publique persons that deserve to pass under as strict a Reformation as any we have yet had to do with, they are such as receive their name from the Law, which they make a nose of wax; these are the great and close suckers of our State, and such as have contributed so much to the honor of Christianity; that the pens of men of honor and quality have delivered to the world, that the grand Signior of
Constantinople hath more Justice done his Subjects in one moneths time, then all the Christian Princes in seven years: These are the men for whom (if they may be suffered) our swords have cut out pleading work for generation to come. And therefore since their abstruse sence in a barbarous Dialect, which they expound as they list, carries with it the monumental badg of our Normane servitude, and the profit the Kingdom receives by it, no way countervails the mischief that is doth enact: It is our earnest desire, that all the Constitutions of this Kingdom, both penal and others be abreviated, and clad in the home-spun language of our native Nation, that every man might in some sort be able to understand and plead his own Cause.
18. That some strict course may be taken for preventing that horrid practice of Attorneys in putting men out of the protection of the Law, by out-lawing, before notice be given them of the Suite, though never so causless: And that all such undue proceedings may make the Suite null, &c. that the Remedy be not worse then the Disease.
19. That to avoyd corruption of Lawyers or their adherents, and to take off mens mindes from litigious contentions, some Expedient of determination of differences may be provided, by the appointment of men of known integrity; and parties authorized in every considerable Town or Hundred to decide ordinary Controversies, so that no man be admitted to commence a Suite (save in grand Causes) without their concession.
20. As also that both Judges and Pleaders may have their respective
[Page 19]Salleries from the Publique, upon penalty of
[...] all b
[...]es o
[...] understand obligations Whereupon that example of
Cambices
[...] happily be renewed, and put into execution: We need not doubt then but every Tribunal in
England will have something to hang over it, that shall better instruct its several Judges then all the Letters of Princes or Potentates, or all the Dividends betwixt them and their purse-bearing Broakers at the end of the Term.
But in case we now are in, what Justice can we expect from any civil Judicature, where the Members of
Parliament, who should be Law-makers, descend for gain so far as to be Pleaders in eath common Court? and seeing no Judg standeth but by their Vote, what dares any of them do in asserting the old known Laws, when upon every Appeal to the Parliament their
Pleaders become their
Judges? And how valiant such Justices have been in acqui
[...]ing themselves whe
[...]e they feared their sitting besides their Cushions, their behavior in the case of Ship-mony sufficiently ded
[...]. The several abuses throughout the Kingdom for want of faithful Magistrates and for lack of
[...] execution of Justice and Judgment, doth not only distrust the Army, but also very much discourage and disaff
[...]ct our best friends; for
[...]by differences are undecided, because good and godly County-Commissioners are not chosen, nor according to our legal Custome and Constitutions impowered to impeach persons pecc
[...]nt, of to present the
Parliament with the occasions of their County. Wherein,
[...] Courts of Judicature were established throughout the several Hundreds, and Lawyers appointed to plead at a set allowance, Causes might be
[...] justly and speedily determined, and all opp
[...]sitions
[...] lessened or prevented.
We might in this sence enlarge our selves in several respects, wherein the condition of this Kingdom is so un
[...]fortable: But, though we take no pleasure to take in the kennel of so much confusion, yet would we take the pains to clear and cleanse it, that at the last we may attain the true eaj
[...]
[...]nt of what we have purchased at so dear a price; that so the Authors of our Calamities may receive their wages according to that Justice which their Actions do make them fear. But we hope, by what hath been already said against others, that we have innocence in our hearts and hands towards the Peace of this Nation, for whose freedom we will both fight and pray. We intend not in any kinde to continue our Countaies Misery, but to pursue its Peace and preservation, in prevention
[Page 20]of those oppressions sit to be repealed, in regard of those great Engagements which are given by us all, rather to make good the happy issue of the old, then the beginnings of another new and wasteful War.
We have fought for Justice and Freedom, the inheritance left us from our forefathers, and it is now become our purchase and price of our blood, spilt in opposition of tyrannical attempts, wherein supremacy of power cannot legitimate scorn or cruelty. And though greatness may make injuries more great,
Power too much improved sometimes provokes the
Peasant to brave the
Prince. Indeed it is casie for boundless ambition to aspire, but not ever to continue uppermost. Love and Justice are the lasting Conquerors, the truest Supporters of a State, without which the most transcendent Acts of Magistracy stand tottering, and do either by the wounds of separation bleed to death, or very rarely perpetuate a power to posterity. But if, by Gods blessing upon our loyal hearts and endeavors, this Kingdom shall receive its wonted
Peace and Vigor in the condign punishment and suppression of all our opposers, and the Arch enemies of our common Safety; we shall no sooner see
Peace and
Truth established, the Liberty of our Consciences, according to the Word of God, in Doctrine and Discipline, secured (for we abhor an universal
Teleration:) but we shall be willing immediately to acquit the happy Management of our hitherto successful Arms, and betake us to such other employments as the great Creator shall call us to.
All we shall in the
Interim desire, is, That the great and wise God may be ever more glorified, for working the deliverance of his people by such poor despised persons; and that they my receive such fair acceptance and acknowledgment, for all their faithful performances, that no age hereafter (looking over their neglects) receive discouragement to sacrifice their lives in vindication of the publique Liberty.
HƲLL,
January 1648.
By the Appointment of the Officers at a General Meeting. Signed, JO: HAMINGWAY.
FINIS.