A Just and Solemn PROTESTATION OF THE Free-born People of England, and Free Citizens of London, against a Clause in the late Ordinance to deprive them of their Free Elections, and enslave them.
VVEE the Free-born People of England and Free Citizens of London do Protest and Declare, that it neither is, nor ought to be in the power of one or both Houses of Parliament to make or declare New Treasons (of things not treasonable in their own Nature) to carry on the private Designs of any prevayling Faction in the Houses and Army▪ and by colour thereof to deprive us of our Lives, Liberties, Officers, Estates, and Franchises at their pleasure, it being contrary to Magna Charta, the Petition of Right, the Fundamentall Laws of the Land, the Solemn League and couenant, and their own Declarations all this Parliament till of late, and the highest pitch of that Arbitrary and Tyrannical power they and we have so long protested and fought against, which we neither may nor can submit to. That it is one of the undoubted Liberties and Customs of the City of London confirmed by Magna Charta c. 9. and sundry other Acts of Parliament since, that they may freely Elect such Citizens for the Maior, Aldermen, Common Councel men, and other publike Officers of the City, as they shal think meetest and ablest to discharge those places; and the Statute 3. E. 1. c. 5. directly En [...]cts; That all Elections ought to be free, and that no great man nor other by force of Arms or Menacies shal disturb any to make free elections: which Sir Edward Cook in his Comm [...]ntary on this Statute (printed by order of this present Parliament) proves to be the common Law of England, and Subjects Birthright. And therefore we can no ways submit to the late sudden Ordinance (contrived by the practice of pre-ingaged Members and Officers in the Army) of 17. Decemb, 1647. in this particular clause▪ That no person whatsoever who hath entred into that late Engagement in or about the CITY OF LONDON, adjudged TREASONABLE by both Houses if Parliament or shal for the space of one whole (by the same reason they might have added 20 yearts) to be accounted from the 25. of December 1647. be elected, chosen, or put into the office or place of Lord Maior of the CITY OF LONDON, or of Alderman, Sheriff, Deputy of a Ward, or Councelmen of the same City, nor shal have voyce in election of any such Officers. And all such persons ARE HEREBY MADE VNCAPABLE, and be declared so to be OF ANY OF THE SAID PLACES. And if any election shal be made of any such person THE SAME IS HEREBY ORDAINED TO BE NVLL AND VOYD. And the Lord Maior of the City of London for the time being, is from time to time to give special order, that this Ordinance be published at all Elections▪ and that the same be strictly and punctually observed. And therefore we do in all humility (in vindication of our own just Rights) protest against it, as an high violation of, and Encroachment upon our undoubted Liberties and Freedom▪ and a mischievous-Plot, of the confederated Independent Party in the Houses, Army and City, to raise up New Combustions and Discontents between the City and Houses; to deprive us of our ancient Freedom in the Elections of our City Officers now at hand, to bring in a new pack of Independent Aldermen, Common Councel men and other Officers to overtop and ruin the City, and put by those faithful Aldermen and Citizens from bearing office, in whom we most confide; which they formerly endevored, and in part effected by impeaching and imprisoning our late Lord Maior, and faithful Aldermen and Citizens, upon false pretences and endevors to bring up the Army to quarter in the City at this time, and the late ridulous plot discovered to and by the Speaker. And we do further avow and protest, that this Engagement in the City, declared by these confederates power (whiles the Houses were under the Armies Force and Wardship) to be Treasonable by this, and a former repealed O [...]dinance, is in our judgments, no ways Treasonable, but agreeable in all things to our Solemn League and Covenant, wherein both Houses engag [...]d us; and nothing like so Dangerous or Treasonable, as the many late printed Engagements of the Army; or that Engagement of the Speakers and Members of both Houses to and in the Army, who contrary to their trust and duty withdrew themselves from the Houses to the Head-quartees, and subscribed that Engagement, to live and dye with the Army, &c. and engaged them to march up to London and Westminster against both Hou [...]es then sitting and the City, in a War-like manner, against the Houses Votes and Orders: and thereby levyed actual warr against them, and the King too, whom they had forcibly seized, and then kept prisoner from both Houses. For which cause (having no other means to right our selves herein) we humb [...]y appeal to all indifferent, and dis-ingaged M [...]mbers of both Houses, and all the free-people of England (the only competent Judges in this case) whether this forced Ordinance thus procured without once h [...]aring of us, what we could object against it, ought to forejudg us of our unquestionable Rights and Priviledges in Elections? And whether those pre-engaged Members of the House and Army, (by the rules of their own Law, and justice towards us) ought not first to be suspended the Houses and Army, and disabl [...]d from bearing any Office (for the time limitted in this Ordinance) in them, or in the Common-wealth by reason of their said Engagemen [...]s; before we or any other Citizens, or free-born people of England, be disabled and suspended (without any conviction, proof [...], or particular designation of our names and persons) from being elected Aldermen, Common Councel men, Deputies, Sherifs, or other Officers in the City, or bearing any office whatsoever, though we have been as faithful to the Parliament, and hazarded our lives and est [...]tes as far as any Contrivers of this Ordinance in their defence and service. And til this be descided judicially by them upon ful bearing, we resolve, by Gods assistance, to enioy and maintain the freedom & free choice we & our ancestors ever used, in our elections to all the foresayd Offices, notwithstanding, this or any other Ordinance; being yet nevertheless always ready to obey both Houses in all their just Commands and Ordinances, not destructive to our Priviledges, Covenant and Obligations, to the National and Common Freedom of the Kingdom and City, which we neither can, nor dare betray, to humour any mortals, or prevailing faction whatsoever, especially in this iuncture of affairs, when we are in greater danger of arbytrary Tyranny and Slavery (against which we have so many years struggled to the expence of our estates and blood) then at the very beginning of our Wars, and that from these who most pretend to make us Free-men.