A REMONSTRANCE From his Excellency Sir Thomas Fairfax, AND THE ARMIE under his Command.
WHen (by the blessing of God upon the indeavours of this Army, and other Forces of the Parliament) the adverse Forces and Garrisons within this Kingdome were dissipated and reduced, a present quiet and freedome of trade, and all commerce and businesse restored to all parts of the Kingdome, and an hopefull way made for setling of a sound and lasting peace, on good termes, for the interest of the Kingdome; instead of the hoped fruit of our labours and hazzards, and of the Kingdomes vast expence (in the dispensing of justice and righteousnesse, and the setling and upholding of common right and Freedome to the Subjects of this Nation) we found immediately the crosse workings of a strong and prevalent [Page 2] Party in the Parliament and Kingdome, who (walking under the mask of the Parliaments friends, but being in truth men of corrupt and private ends and interests, different from, and destructive to the reall and common interest of the Kingdome) made use of their power to obstruct and pervert justice, to injure, oppresse, and crush the peaceable and well affected people of the Kingdome, to abridge and overthrow all just Freedome and Liberty, and drive on Designes to set up a Partie and Faction in the Parliament and Kingdome, and (by the advantage of a perpetuall Parliament) to domineere over, and inslave the Kingdome to posterity: And for that end, to make such a peace with the King, if any, as without any just provision for the common and true interest of the People, and the security thereof for future, would serve onely to make up and establish their own greatnesse, and the affected domination of themselves and their Partie over all others.
To all which ends (as before this Parliament) the ignominious names of Puritan and Non-conformist, and the specious pretences for setling of Order, Decency, and Uniformity in Religion, were made use of, to the prejudice, trouble, and suppressing of all that appeared, either for the truth and power of Religion, or for the Rights and Liberties of the Kingdome, and towards the advancing, at once, both of an Ecclesiasticall and civill Tyranny, so,) this generation of men, in the application of the Parliaments power, (succeeding the former in the exercise of the Kings) have made use of the odious names of Brownists, Anabaptists, Independents, Hereticks, Schismaticks, or Sectaries of one sort or other, to blast such men; in whom the truth and power of Religion, or a just sense of the common Interest of the Kingdome hath appeared; and have held forth the pretences of Reformation and Uniformity, to colour and countenance their Designes of setting up their owne irreligious, or Pharisaicall and domineering Faction, to the oppression of all other people: And herein they have had a great advantage to further their aforesaid Designes, by reason of the jealousies which many conscientious men of the [Page 3] Presbyterian Judgement have entertained concerning this Army, and concerning divers other eminent and worthy Instruments of the Kingdoms good (being in places of publike trust & power) were supposed to be of the Independent way.
In pursuance of their aforesaid designes, they indeavoured, and by their power and influence upon the Parliament, and the advantage of such pretences as aforesaid, very much prevailed to put out of all places of power or publike trust, the most sober and conscientious men, and such as had approved themselves faithfull to the publique interest throughout all the late troubles, and to put in debauched and dissolutemen, or such as would for advantage serve their private interests, and for that end (in cases where they could not otherwise prevaile,) procured such Garrisons to be sleighted, such powers to be recalled, (though more necessarie to have, been continued,) which they found in the hands of persons of the former sort, and such to be continued (though lesse necessary) as they found in the hands of the later: And, the better to strengthen themselves in their Designes, closing with a very powerfull partie in the Citie of London, they first with much activity endeavoured, and prevailed, to new-modell the Common-Councell, and forme the same to their owne Partie; and then stirred them up to petition (amongst other things concurrent to their ends,) for the alteration of the City-Militia, who by their continuall violent, and pressing importunity at the Parliaments doores, wrung from the Parliament an Ordinance for that purpose, whereby they procured the power of that Militia (the speciall influence whereof upon the City and Kingdome, and upon the Parliament it selfe, (being the onely guard they had for their safe sitting) is evident to all men,) to be taken out of those hands in which it had beene continued without prejudice, and with great and knowne security and advantage both to the Parliament, City, and Kingdome, throughout the late troubles, and this without any exception either then or since made against them, and to bee put into the hands of such others as were (at best) [Page 4] of doubtfull affections to the interest of the Parliament and Kingdome; but indeed men given up and ingaged to the private interests and designes of the said factious Party, as hath since too evidently appeared, and as in the late Declaration of the Army concerning the grounds of our advance towards London, is more fully remonstrated. And (finding this Army not for their turnes) they made it their maine worke to disband or breake it in pieces, even before the reliefe of Ireland was provided for, or the peace of this Kingdome setled. And though all this went under the pretence of easing the present burthens of the Kingdome, yet at the same time they designed and went about to put the Kingdome to the expence and trouble of raising and forming a new Force, (under pretence, as for the service of Ireland,) out evidently designed and so framed, as to serve their owne ends and purposes aforesaid in England: And (being many of them filled and acted with personall envy, and others with Malignitie of principles and interest against this Army, and the work of God by it,) it would not serve their turnes to breake or disband it, but it must be with all possible dishonour, injury, oppression, and provocation that they could put upon it. And it was too evident, that their endeavour was not onely to put it off without the honour or satisfaction due to it for the service it had done, but to disband it on such termes as to subject and expose all (and even the most faithfull) servants of the Parliament and Kingdome, both in the Army and elsewhere, unto oppression or undoing, or to the mercy of their owne and such other mens malicious and invenomed spirits which could promise no better. For the more full and particular demonstration of all which, we referre all knowing men to the practices and proceedings against this Army, unto the times (by their procurement) appointed, for the disbanding of it in severall parts, without just and equall satisfaction, which have been in part remonstrated in Papers sent from this Army, and published before our coming up to S. Albans.
Upon consideration of all this, and upon the resolutions, (which their own abuses and provocations, put upon the Army, had raised in the whole body of it) not to disband without, further satisfaction and security from the like abuses in future: we did in our Representation or Declaration sent from S. Albans, expresse in generall what things we desired (besides our concernments as Souldiers) to see done or provided for before our disbanding, for setling the peace of the Kingdome, and securing the Common Rights and Liberties thereof, which wee were called out to defend and vindicate, and had so long fought for; and having (therewithall) impeached severall Members of the House of Commons for their unjust practises and designes, to such purposes as are before expressed, and for indeavouring in prosecution thereof to engage this Kindome in a new warre; we added some further Desires for prevention of that mischief of a new warre to the Kingdome, and for our owne present securitie from immediate ruine, while those other things might be treated on or considered. And upon the granting of some of them in part, and hopes given of some others, though we could not obtaine the rest, and especiallie not that which we hold most just, equall, and necessary, viz. The positive suspension of those impeached Members from sitting in the House, as Judges in their owne cause, and from their power in Committees, whereby they had the advantage to raise Warre against us, and to make new desturbances, in the Kingdome, yet the said impeached Members pretending to withdraw themselves from the Parliament untill their causes should be heard and tryed, and the House giving consent thereunto, we out of our tendernesse to Parliament Priviledges, and our earnest desires to yeeld all observance to the Parliament, and satisfaction to the Citie, (who pretended a full concurrence with us in our declared desires for setling the peace and Liberties of the Kingdome,) did at the Parliaments command, and the Cities request withdraw the Army to the desired distance from London, & dispersed [Page 6] it further to several parts of the Kingdom for the ease of the Country, and proceeded, in a peaceable and regular way, to prepare and present more particular Charges against the said impeached Members, which within a few dayes after we accordingly sent up to the House: And the said impeached Members, (having put in a delatorie answer thereto with a plea and Demurrer to divers particulars therein) pretended that (to avoid any disturbance or interruption to the present proceedings for setling the publique affaires by the interposall of their private cause,) they desired leave and Passes to travell for some moneths; which accordingly the Speaker of the House of Commons was ordered or authorized to give them, and we (presuming on the Houses caution for their forth-coming to be tried when the affaires of the Kingdome were setled, which upon their first motion of with-drawing we had insisted on,) did not gainsay, and thereupon we proceeded in a quiet and hopefull way to prepare more particular Proposalls in pursuance of our former generall desires, for the present setling of the peace of the Kingdome to be tendred to the Commissioners of Parliament residing with the Army for that purpose: But finding that while we were thus peaceably proceeding, the said impeached Members (notwithstanding their pretended desires to travell) did continue in and about London, very active and busie to raise warre, or make disturbances in the Kingdome. And that the Committee of Militia there, did comply with them therein by daily listing of men, and other preparations towards war, and sheltering to that end, yea and entertaining into service, those same Reformadoes, who (by Ordinance of Parliament) were by them to have been put out of the Lines of Communication, and finding continuall jealousies and disturbances to our said proceedings bred in the Army by the daily reports and alarums thereof from the City, wee made a particular addresse to the Parliament for the restoring of the City-Militia into those hands in which it was before the Ordinance of the fourteenth of May, last; [Page 7] For the reasonableness of our Desires wherein (supposing that we had such cause to insist on some removal of that power out of the hands into which it was then put (as here before is partly exprest, and in our late Declaration is more fully set forth) we dare confidently appeal to all men (not engaged against us) whether, for the present safety and quiet of the City upon such a change, and to prevent those dangers or disturbances to or in the City, which the want of a Militia during the interval (betwixt the ceasing of one and new forming of another) might give occasion and advantage unto (especially in such a juncture of affairs) there could be any other way so expedient, as to render that change, but an immediate reverting into those hands in which it was so lately before (who would make up a Militia ready formed to succeed immediately in place of the other, without any considerable intermission or delay) and whether at a time when Jealousies and Distrusts were both so rife and hurtful (as they might occasion no less distraction or interruption to any quiet settlement or proceedings thereunto, then real attempts of mischief would) there could be any Proposal more reasonable or hopeful to beget a confidence and acquiescence (as to that point) both in the Parliament, City and Army, then to have that Power restored (for the present) into those hands, of whose Fidelity to the Common Interest, we had all found so ample and unquestioned proof throughout the most dangerous Times,
Upon our Address therefore to the Parliament for that purpose (the Army being at such distance as aforesaid) both Houses were pleased, on the 23. of July last, to pass an Ordinance for returning of the Militia into those hands, and repealing the Ordinance of the 4. of May, by which it had been changed as before.
Hereupon, hoping all would quietly succeed to a settlement in this Kingdom, we went on securely to finish our Proposals for that purpose (the Heads whereof have been since published) withdrew the Head-quarter to a farther distance, dispersed the Army to larger Quarters, for more [Page 8] ease to the Countrey; And upon a Recommendation of the business of Ireland from the Parliament, we had, in less then a weeks space, prepared and ordered a considerable Force (no less then Four thousand Horse and Foot, as Sir Joh: Temple (employed from the Parliament about that business to us) can testifie) for a present Relief thereunto: But the restless and treacherous Malice of the Enemies to our and the Kingdoms Peace (taking their supposed Advantage of our distance, and dispersed posture, which their fair pretences of peaceable Intentions had induced us into) first they did, without all colour of Authority, contrive and set on foot in the City, and many of them entred into, a mischievous and desperate Vow and Engagement, tending to the Subversion of the Freedom of Parliament, and the Liberties of this Nation, to the frustrating of those just and publique Ends, for which so much Blood and Treasure hath been spilt and spent in the late War, and to the raising of a new War against the Parliament and their Army (which said Engagement both Houses of Parliament did by their Declaration of the 23. of July, Adjudge and Declare to be High Treason in all that should promote or abet the same) and within a few days after (to wit, on Monday, July 26.) there was a Petition brought to the Parliament, by the Sheriffs, and some Aldermen and Common-Councel-men, in the Name of the City of London, for the recalling of the said Ordinance of the 23. of July concerning the Militia, and the returning of the Militia into those hands, in which it was put by the Ordinance of the 4. of May; which Petition was immediately followed and backed with a tumultuous confluence of Apprentices, and other dissolute and desperate persons, who committed most horrid and unheard of Violence upon both Houses, enforcing them to recal both the said Declaration of July 23. (concerning the said Engagement) and also the said Ordinance of the same Date, concerning the Militia; and compelling the Speaker of the House of Commons to resume the Chair after the House was adjourned, and the House to pass such farther [Page 9] Votes concerning the Kings present coming to London, &c. as they the said Ryoters did please; neither the Guard from the City that then attended the Houses, not the Lord Major, Sheriff, or any Authority in the City (though sent to for that purpose) taking any course to suppress the said Tumult, or relieve the Parliament against that Violence, though it was continued for the space of Eight hours. And the Houses having next day adjourned till Friday, July 30. there were Printed Tickets fixed upon Posts in and about the City the day before, inviting the same persons to the like confluence at Westminster against the Houses next meeting; All which hath been more fully, or more assuredly, made known by the Declaration of the Speaker of the House of Commons concerning the same.
By this means the Speakers of both Houses, together with most of the Lords, and a very great number of the most faithful and unquestioned Members of the House of Commons, were driven away, so as they could not with safety attend their service in Parliament, nor with freedom discharge their Trust to the Kingdom therein, but were forced to flie to their Army for safety; so as there was not, nor could then be any free meeting or legal proceeding of Parliament: Notwithstanding which, divers Members of both Houses (who by the carriage and sequel of the business, will appear to be of the same party and confederacy with the aforesaid Enemies to our and the Kingdoms Peace, and with the Authors and Actors both of the said treasonable Engagement, and the tumultuous force upon the Parliament) taking this Opportunity of time to carry on their Designs, when very few were left, but of their own Party, did continue to meet in the usual places at Westminster: And (having under pretence of a necessity for continuing the Parliament by adjournment, drawn in some few well-minded Members to sit with them, out of a scruple least the Parliament should fall for want of adjournment) took upon them the Name of Both Houses of Parliament: And having on Friday, July 30. chosen a new Speakers, did proceed to Vote and Act as a Parliament, [Page 10] and adjourned from time to time; but of what Party and Confederacy the most of them were, and to what Ends and Interests they acted, will appear by what they did, whereof we shall for present give a taste in some particulars, hoping that shortly the whole and journal of their Proceedings may be made publike.
First, The said Members of the House of Commons (convening as aforesaid) immediately Voted and called in (as to the service of the House) the Eleven impeached Members; and also those who upon former Votes of the House were suspended, or under question to be put out for Delinquency, and had put in their Cases: With this pretended House of Commons thus composed, and Four or or five Lords of the same model (for an House of Peers) they proceed to set up a Committee for Safety (whereof all or most of the said impeached Members were a part) This Committee they appointed to joyn with that same pretended Committee of the City Militia, whose Power was obtained onely by the tumultuous force and violence aforesaid. To these Committees the most or main of their Proceedings refer, and by divers pretended Votes, Orders and Ordinances, procured in the Name of one or both Houses of Parliament, larger Powers were given to these two Committees, for raising of Forces, appointing chief Commanders, and other Officers, and other vast, unlimited or unusual Powers were given them, all tending to the raising and leavying of a new War within this Kingdom; upon which many Forces, both of Horse and Foot, were actually leavied, and other preparations of War made: All which, that they were intended and designed in justification, prosecution and maintenance of the aforesaid treasonable Engagement, and of the said force and violence done to the Parliament, or of the very same Ends and Interests, and to oppose and hinder the Restitution of the Houses of Parliament to their Honor and Freedom, and the advance of this their Army for that purpose (being then upon a march, to conduct to London the Speakers and Members of both Houses, who by that violence were driven away as [Page 11] aforesaid) Besides the consideration of the persons into whose hands these Powers were committed, it is abundantly evident many other ways, but especially by that Declaration of the Lord Major, Aldermen and Common-Councel of London, which was first by that pretended Committee of Safety, Ordered, and then by the pretended Houses (without reading a word of it) approved to be published in the Parish Churches, with an Exhortation to the People to take up Arms in maintenance of the ends therein expressed, which (though the pretences were for the Defence of the King, Parliament and City then alleaged to be in great danger (when as indeed none were in danger, but onely the Authors, Actors and Abettors of the trayterous Practices aforesaid, yet) the true ends thereof appear clearly to be the same with the said treasonable Engagement and Tumult against the Parliament; all of them concentring (as in other things, so especially) in this, viz. [To have the King brought up to London, without delay, or any nearer approach of the Army] And to all these, the succeeding Votes of the pretended Houses for the same thing, did speedily eccho the same note: Concerning which matter (not to examine what alteration of the Case, since both Houses and both Kingdoms also (of England & Scotland) resolved, That it was not safe the King should come to London, until he had given satisfaction and security to his people, in relation to those publique ends for which so much blood and treasure bad been spent) We shall onely say thus much to these mens Intentions and Designs in the business, That had the King come up to London (as they have so oft desired and attempted) it is apparent they intended, and would have made use of it, rather to lay the stronger foundations of a new War, (upon the ruines of that publique Interest contended for in the former, and of all those that had with most candor, clearness, and simplicity of heart appeared and acted for the same) then any way to settle therby a safe and well-grounded Peace. And since they could not rationally expect so easie an obtaining of the Kings Person to London, upon such a pretended Vote or Declaration of their Desire [Page 12] thereof; it is as evident, That they could intend nothing thereby, but a more plausible pretence and foundation of quarrel against this Army, whereby to ingage or incline to their Assistance the Kings party, and such others who might be catcht with the apprehension thereof, as a speedy way to Peace (the thing so generally longed for) and by such assistance gained, the better to ruine this Army, and those faithful Members of Parliament who were retired to it. For our parts, we shall rejoyce as much as any, to see the King brought back to his Parliament, (and that) not so much in Place, as in Affection and Agreement, on such sound terms and grounds as may render both him and the Kingdom safe, quiet and happy; And shall be as ready as any to bring His Majesty to London, when His being there may be likely to produce (not greater Disturbances or Distractions, but) a Peace indeed, and that such, as may not (with the shipwrack of the Publique Interest) be shaped and moulded onely to the private advantages of a particular party or Faction, but bottom'd chiefly on grounds of common and publique welfare and security: And if (without regard to these considerations) we would have brought His Majesty with us to London in our late advance thither (wch our Enemies could not hinder or prejudice us in) we had no cause to doubt, but (as to men) we might have had all the advantages, which our Adversaries promised to themselves thereby, added to the strength and interest of the Army, and have inverted the Disadvantages upon them that they intended against us thereby, so as His Majesties so much desired coming to London, might have been much to their prejudice, and our advantage and security, if we had regarded onely our own particulars: But (as at present our Consciences bear clear witness to our selves, so) we hope God will, in the issue, make it clear to others, That we have not minded, nor been acting our own work or interests, but the Kingdoms, and every honest mans in it: Mean while (to return to our purpose) we think it is sufficiently cleared, That the proceedings of those Members, or the major part of them (that continued to sit at Westminster [Page 13] during the absence of the Speakers) the Powers by them given, the Forces thereupon levied, and other preparations of War thereupon made, were all designed and driven on in prosecution and maintenance of the said Treasonable Engagement, and of the force done upon the Parliament, or for the same ends and interest with them, and to oppose the advance of this Army towards London, for Restitution of the Parliament to Honor and Freedom, and indeed to raise a new War in the Kingdom, against the Parliament and their Army, for the Destruction thereof, And the same may (yet further) appear by this, That those very Apprentices, Reformado's, and others about the City who were the chief Actors in the said Engagement and Tumult, were afterwards most trusted and imployed, and most active in their preparations for War.
By what we have here said, and what hath been declared and published from us, and from the Speakers and aforesaid Members of both Houses, and by the whole Series of our own and our Enemies actions and carriages (compared together) it may appear how tender we have been, not onely of the Authority and just Priviledges of Parliament, and of the safety, peace and welfare, both of the Kingdom and the City, but even towards those our Enemies themselves (seeking onely things necessary for the common good of the whole) and that if possible, without ruine or hurt to any) and yet how maliciously, treacherously, and unworthily we have that while been dealt withal by those our Enemies, and by a factious and powerful party (especially) in the Parliament and City combining with them; And what clear cause we have had, both for all that we have formerly desired or done, in prevention of our own ruine and the Kingdoms disturbance; And also what just grounds for our late advance to London: The good service wherof (especially) in restoring the Parliament to a condition of Safety, Honor, and Freedom thereby, hath been (without any seeking of ours) acknowledged by both Houses, with thanks to us, and publique Thanksgiving to Almighty God for it: And a further trust hath been thereupon committed to the [Page 14] General, for taking care with his Army to safegard the Parliament.
The Houses being thus restored to a condition of present Safety, Honor and Freedom; Two things seem clearly remaining to be done (which our own, and most mens expectations are most set upon) viz. First, to vindicate the Honor, Freedom and Safety of Parliament from the like affronts and violence in future, and the Army and Kingdom from danger of the like Disturbances (whilst things shall be in a Debate or Treaty for a settlement) And then to proceed unto a speedy settlement of the peace of the Kingdom.
The latter of these is first in our Intentions (being nearest to the ultimate end) and we shall earnestly desire, That in order thereunto, The Proposals of the Army (whereof the Heads are published) may be speedily considered, and brought to a Resolution; But considering, That the Debates of them may take up some time, ere they be agreed on all hands, and the framing of them into Bills, and perfecting of the same, will require much more; something must first be done in the former, for a present security to the Parliament from like Affronts or Violence, and to the Army and Kingdom from the like Disturbances to the peace thereof, by any farther advantage, which the time like to be spent in the settling of Peace, may afford, to our watchful, restless, and (we doubt) implacable Enemies.
First, therefore to these ends (unless it should be thought fit to secure the Parliament, by keeping the whole Body of the Army, or so great a part thereof to remain continually in and about London, as might be sure to over-power any future Tumults or Force that may arise out of the City, which neither the welfare of the City, and ease of the parts adjacent, nor the safety of the Kingdom, in respect of the present posture of Affairs, will admit) It is absolutely necessary, That there be speedy and exemplary Iustice done upon (at least) the chief Authors or Abettors of the said treasonable Engagement, and of the said force done to the Parliament, and upon the chief Actors in maintenance and prosecution thereof (whereby men may be deterred from the like in future) And this is also as necessary to the security of the Army, and Peace of the Kingdom, since 'tis apparent by all that hath been said, and by infinite other evidences (too many to recount) That both the said Engagement, and the force done to the Parliament, & the Power of the City Militia thereby gained, and the succeeding Votes & Orders of the pretended Houses (but indeed of that faction that are our profest Enemies) in maintenance and prosecution thereof, and the [Page 15] Forces thereupon leavyed (put under the Command of Major Generall Massey, and others our professed adversaries) were all designed and directed to the ruine and destruction of this Army, and the raising of a new Warre against us in this Kingdome. And having had such experience of their restlesse malice and cruell intentions towards us, (notwithstanding our tendernesse and lenity towards them) and of their treacherous dealing (so soone as they thought they had the advantage) notwithstanding all their semblances of complyance to a composure. What reason is there to expect, but that if by our patience and delayes, they apprehend in future the like or other advantage, they will breake out againe into the like or worse attempts of violence and Warre, if all escape with impunity for these.
But as to this point of security by exemplary Justice in an ordinary way, we see our hopes almost frustrated, whilest, (though our desires and resolutions to that purpose, exprest in our late Declaration of our advance towards London, were then seconded with the declared approbation and concurrent resolutions of the Speakers and Members of both Houses, that were driven away to the Army, and with their engagement to live and dye with us therein. And though in pursuance thereof, the Right Honourable House of Peeres, have since their restitution, begun and proceeded to declare null and void, all that was done in the name of both Houses, while they lay under the power of that unmultuous violence; and to give their more authentique aprobation to our said Declaration, made in behalf of the said Speakers and Members, while they were with the Army: And in behalfe of the honour and freedome of the Parliament, and to give their like approbation to the concurrent Declaration and Engagement of the said Speakers and Members, made to us while they were with us, yet) the House of Commons hath not onely not concurred, with the Lords in any of those things, (but rather seeme to have cast them aside. And upon the Question concerning, those very Votes of the said 26. of July. To which the Houses [Page 16] were by the said violence inforced [whether they should be declared Null and void] it was carried in the Negative, That the Question should not be put; by the consequences whereof, (which are many wayes very sad, this poore Kingdom, and more then we can recompt) and by all subsequent proceedings in that House, in relation to the whole busines, we clearly finde, That the Members of that House, who (after the violence done to it, and during the absence of the Speaker, and the other Members thereby driven away) proceeding in the name of that House as aforesaid procured the pretended powers, and did make the pretended Votes, Orders, and Ordinances afore mentioned; and many of them were the Factors thereupon for the levying of War, in prosecution and maintenance of the aforesaid treasonable engagement, and force done to the Parliament, and for the opposing, resisting, and destroying of this the Parliaments Army in its advance to London, for the restitution of the Parliament to its Honour and freedome, being conscious of their owne guilt and danger thereby; yet presuming on their interest in the House, and the patience and lenity of this Army doe continue and intrude themselves, and to sit and Vote there, and by their present interest in the House doe use their utmost endeavours, and very much prevaile to obstruct and avoyd the bringing of any to Justice, who have acted under their pretended Authority, (knowing it to be their owne case and concernment in point uf impunity, as well as conducency to their faction and interest) And for that cause they labour (as for life) to uphold the things past and done, and the Authorities given by them and their Faction (in their and the Apprentices pretended Parliament) yea, even those very Votes and Authorities, wrested from the Parliament, by that palpable force of July the 26. to be good and valid untill they be repealed (as if past in a free and legall Parliament;) in which Point, and all Questions touching upon it, we finde they presume upon, and are strengthened by the concurrence of divers other Members, who having (perhaps with harmelesse intentions) continued to sit with them during [Page 17] the Speakers absence, as aforesaid (though they consented not to any of their mischievous Votes and Orders, or treasonable proceedings afore mentioned) may yet feare themselves to be involved in the same case and danger by having sate with them; And thus by the concurrence of these two Parties in the House (as to that point) and the interest which both those Parties have with others in the House (especially upon a matter of saving one another) and by the partiall respects of some others in the House, for the saving of their friends out of the House, who have acted under the Authority, and for the evill ends aforementioned, we finde an absolute obstruction to the bringing to Justice, or questioning of any) who have acted in the late leavying of War against us, and against the vindication of the Parliaments freedome, or in the said treasonable engagements, yea, or in abetment of the tumultuous violence upon the Parliament it selfe; neither can we finde or heare of any one Person hitherto brought to Justice, or Question for any of these things, but all seeme to be either justified, or at least protected from Justice by the power and prevalence of those Members in Parliament, who are (many of them, as we can make appeare) equally guilty of, and (others) in some kinde obnoxious for the same things; and thus not only our just expectations of vindication to the Parliament, and security to our selves and the Kingdome from the like treasonable and turbulent practises in future, (by exemplary Justice for what hath been so done) are frustrated, but even the safety and immunity of the Speakers, and those faithfull Members of both Houses that were driven away by the violence aforesaid, and the immunity of the Army in advancing to London, to bring them back, and restore the Parliament to its Honour and Freedome (which hath been acknowledged, with publike Thankesgiving to God for it, as aforesaid) is subjected and exposed to question (where in theirs and ours, and the Kingdomes enemies obtrude themselves to be the Judges) for if those pretended Votes, Orders, and Ordinances, whereby War was leavied against them and us were then [Page 18] good and valid (though they should now be repealed, yet) we, with the Speakers, and those Members aforesaid, in opposing of them while they were of force, must needs remaine transgressors still, and yet God and we are thanked for it [what a mock is this to God, and man.]
But to returne to the more serious consideration of our case, in relation to the security of the Parliament, Kingdom, and our selves, against the like turbulent and treasonable practices in future, since by the meanes aforesaid no security by exemplary Justice can at present be had, (to deter any from the like) we wish all men to consider what straights we are in this case put upon; (That which is the maine worke of the Kingdome, and which we most earnestly thirst for, and attend upon, (viz. the setling of a Peace, and consideration of our Proposalls in order thereunto) will aske time to bring it to an issue; and that done, the releeving or remedying of the pressing grievances of the Kingdome, will take up and require the sitting of the Parliament for some further time (though upon the setling of a Peace a period be set for the certaine ending of it) now for the body of this Army, or so great a part of it (as may serve to over-power any future tumults, or force that may arise in or from the City) to continue hereabouts so long, the condition of the Country hereabouts, and the necessities of the City (in point of provision) cannot well heare it, and (we doubt) forraigne Forces (that are already upon the wing) and turbulent spirits, that in severall parts of the Kingdome, are beginning insurrections, (if we continue fixed here) will have such opportunity, and take such incouragement therefrom, as that they may ere long necessarily call us off; should we now or hereafter (while the Parliament sits) draw off the Army from about the City, without exemplary Justice upon some, would not the same or more dangerous tumults and violences probably returne upon the Parliament; and the like or worse practises of raising a new Warre, be revived, (with more advantage to our enemies, more danger to us and the Kingdome, and lesse hopes of appeasing it, so easily and happily as the [Page 19] former) while the same violent and factious spirits, both in the Parliament and elsewhere, shall continue in the same power and opportunities as formerly, and both they, and all others, shall have before their eyes the incouragement of that impunity and protection (yea rather that justification) which they have hitherto found from within the Parliament it self, in the past practises aforementioned, though as grosly treasonable as any they can hereafter run into; should we or any others (for the obtaining exemplary Justice upon some) proceed to impeach any, for their past treasonable practises, what hopes of Justice, or of a timely dispatch therein can we have, while such a prevailing party of new interested and concerned in the same things shall in the House of Commons continue to be Judges thereof, or at least be ready to avow and justifie the offendors therein, as having acted under their pretended Authority. In this straight therefore (though we ever have been, and shall be most tender of all just Priviledges of Parliament, yet) finding the root of these and other difficulties to the Parliament, Kingdome, and our selves, to lye in this, viz. [that those Members of the House of Commons, who (during the forced absence of the Speakers of both Houses) continuing to fit and act as a Parliament, did procure and consent to the pretended Votes, Orders, and Ordinances aforementioned, for leavying of Warre; and that (as is before demonstrated) in direct prosecution or maintenance of the aforesaid treasonable Ingagement, and the violence done to the Parliament, and for the opposing, resisting, and destroying of this the Parliaments Army in its advance towards London (onely to restore the Speakers and Members of both Houses that were driven away, and the Houses themselves to their Honour and freedome) and who are thereby, and by their late owning, and avowing of the same, and many of them (as we can prove) by acting personally in the said treasonable practises, become parties to the same, do yet take the boldnesse to fit and vote in Parliament, especially in the House of Commons] (we say) finding the maine root of our difficulties and dangers [Page 20] lying in this; first, we appeale to all men, whether it be just or tolerable, that any priviledge of Parliament should (contrary to the Law of nature) make a man Judge in his owne case and concernment? and we wish those men themselves to consider (if we had come to an ingagement with the Forces raised by vertue of their pretended Votes and Ordinances, and that thousands had been slaine, and we had made our way by the Sword) whether they would then have expected to have sate as Judges upon us therein? and we are sure it is no thanks to them that it hath beene otherwise; and had we found those Members in Armes against us, and subdued and taken them, whether had they not then been in the condition of prisoners of Warre? and (if so) then having put Armes into the hands of others, against us, and still maintaining it, whether can they in strict Justice challenge any better condition, from us? But, that (contrariwise) we should suffer, either that those whom by the course of Warre (which they had chose to ingage in against us) we might justly make our prisoners, should in a course of Law, become our Masters and Commanders? or that those who the other day did, in an hostile manner, indeavour to have been our Executioners, should (now we have by force tooke their preparations against us) become our Judges, (we suppose) no reasonable man, nor themselves (when they well consider it) can expect from us.
Upon all these considerations of the justnesse of the cause, and the necessity of the thing, for the safety of the Parliament, Kingdome, and this Army, (having no other way left timely to remedy the difficulties we are put upon, or prevent the growing dangers of future violence unto the Parliament, and disturbances to the Kingdome, or to secure the Parliament in a quiet proceeding to settle the peace of the Kingdom. And (in such case) the safety of the people being the supreame Law we do protest and declare:
That, if any of those Members, who during the absence of the Speakers, and the rest of the Members of both Houses (forced away by the tumultuous violence aforesaid) [Page 21] did sit, and Vote in the pretended Houses then continuing at VVestminster, that hereafter intrude themselves to fit in Parliament, before they shall have given satisfaction to the respective Houses whereof they are, concerning the grounds of their said sitting at VVestminster, during the absence of the said Speakers, and shall have acquitted themselves by sufficient Evidence, That they did not procure, or give their consent unto any of those pretended Votes, Orders, or Ordinances tending to the raising and leavying of a Warre (as is before declared: or for the Kings comming forthwith to London) we cannot any longer suffer the same, but shall doe that right to the Speakers and Members of both Houses, who were driven away to us, and to our selves with them (all whom the said other Members have endeavoured in an Hostile manner most unjustly to destroy) and also to the Kingdome (which they endeavoured to imbroyle in a new Warre) as to take some speedy and effectuall course, whereby to restraine them from being their owne, and ours, and the Kingdomes Judges in those things wherein they have made themselves Parties, by this meanes to make Warre, that both they and others that are guilty of, and Parties to the aforesaid treasonable and destructive practises and proceedings against the freedome of Parliament, and peace of the Kingdome, may be brought to condigne punishment (and that) at the Judgement of a free Parliament, consisting (duely and properly) of such Members of both Houses respectively, who stand cleare from such apparant and treasonable breach of their trust as is before expressed.