The first overture of the Discours was this.

SEeing there are godly and well-meaning men, who have walked together affectionately heretofore towards one and the same end, to advance a Gospel Reformation in Religion, and to maintein the grounds of a just libertie in the Nation: seeing now of late they are unhappily parted, and fallen at a distance on their way; and seeing they still profess to retein their first principles, although they now differ in their walking: it would bee very expedient, if not altogether necessarie, for their mutual preservation, and the carrying on of their works, that they should without prejudice, and in a godlie manner consider where they parted one from another, wherefore they parted, and whether yea or no they cannot bee brought again into the way of walking jointly as they did heretofore. Therefore a friendly motion was made, that it would be worth the while to make a trial how this might bee effected.

Whereupon another who liked the motion well, offered that to bring the thing to pass, it would be requisite, first to determine the distinct aim of their Discourses; then to recommend their design to the blessing of God, and so to proceed as God should guid their thoughts. This advice was followed, and the aim of their discourses was agreed upon, that it should bee an Essay, how, in a friendlie private and familiar way, the differences fallen out amongst Brethren might bee reconciled, by the removal of som mistakes upon which they are risen between them; and that this aim might bee atteined, they joyned in prayer, to beseech the Father of all mercies, and the God of all consolation to direct their thoughts and affections in a right waie; that they might finde a cure to their wounds, and an healing to their breaches; that they might not inflame and poison their sores, nor miscarrie in the things they went about and intended to his glorie, and their mutuall edification.

When the prayer to this effect was uttered, the Discourses upon the subject taken in hand began, whereof the first was to represent the course of former proceedings that God's Providence in an extraordinarie way had shaken the foundations of the state of Great Britain, and carried all along as well in Scotland, as in England, to this period and issue, by the hand of a minor partie; that the Government being shaken, and the power that was, beeing fallen with it, to the ground, it could not bee suffered to lye there, lest all the grounds of common safetie should bee lost irrecoverably; for which caus these that were in place, betrusted with a right to see the government setled, were bound to take it up, and have a care of the management thereof towards the publick good, which they have endeavored faithfully to do by laying the foundations of Religion and Justice, and giving protection to those that should bee true and faithful to the common interest of necessarie libertie; and although this had been don by them for none other design but common preservation, and that they had taken in the midst of great opposition their lives in their hands to settle peace and lasting quietness in the Nation, they had caus to griev that their upright meanings and faithful undertakings were otherwise interpreted and construed by such who should have joined with them to carrie on the work; and that it would bee a great happiness, if the Causes why they were avers from such a resolution might bee known and removed.

To the close of this discours a reply was made to this effect: That the thing which kept mens affections from joining with the present Government was, that they found themselvs as they conceived frustrate at present of the hopes of a reall Reformation in matters of Religion, and of a just libertie and equal administration of Justice; that these hopes not beeing advanced, but hindered by the change of Government; and the Armie who occasioned this change, beeing in all mens opinions rather set for the dissolving, then the setling of Religion, this was a main caus to disaffect Godly spirits from the present powers.

Hereunto this answer was given: That the whole change was intended by those that made it; for none other end but to gain certainly those hopes by this way of settlement, which could not possibly bee exspected, whiles the former government was in beeing; as appeared by so manie Treaties, wherein nothing could bee gained as satisfactorie to bee a foundation of those hopes. That they, who now manage publik affairs, had don more towards those things then anie that were in places before them; which would evidently appear both by the Declarations which had been made upon the Change, and by the Acts and proceedings of the supreme power since the Change; for it will bee found manifestly that as many, if not more, Acts and Laws have been made in one year for setling of the State in a way to purchase these hopes speedily, then in all the time of the Parlament before; but that no man could rationally exspect a full accomplishment of all such hopes in an instant; chiefly when so great obstructions stood in the way; but if all that were godly would concur to engage with the Government for these ends, their hopes and desires might speedily bee compassed; but if they would not make use of this opportunitie; that then the Magistrate would bee guiltless, and the fault would bee upon such as refused to do their dutie.

Hereunto another made this replie. But the present Government doth obstruct their own work themselvs; for the Engagement which is offered to bee taken, is one of the things which doth occasion the greatest distance of mens spirits in these times: and, except it can bee reconciled and made apparently to consist with former engagements, and particularly with the National Covenant, there could bee no concurrence exspected from those who were scrupled in Conscience at the taking of it.

To this an Answer was made to this purpose: that to enter upon scruples of Conscience; to dispute matters of that nature with Ministers, was not a thing to bee exspected from men of secular employments; that these would bee able to sway them by Arguments relating to conscience: but that an Essay might bee made, as to matters of fact, to rectifie som mistakes which might occasion the scruples of Conscience: and that grounds might bee offered to clear the equitie of the present Government in their proceedings: to which effects it was said to bee observable; that the scruples at present taken up in reference to the National Covenant were raised by the Scots, and som in these parts; rather from the not observing or laying aside of som outward formalities relating to the end and matter of the Covenant, then from any defect from the true end and substance thereof. For the true end for which the Covenant was framed at first, was, to maintein the Godly, and then persecuted partie of the Nation, against the prophane partie thereof; and that the true Religion and just Libertie, necessarie for the comfortable walking of Godly men, in Gods way, might bee upheld by the Magistracie of the Land; and that this end, at the first framing of the Covenant, was solely intended by the Scots themselvs; and that all other things were then postposed unto this by them, although it hath not been of late observed by som of them, as will appear undeniably by that which fell out at the first making of the Covenant; which is a Mysterie heretofore not known to everie bodie, but yet a verie great truth: That when the Commissioners of Parlament were in Scotland, and the Covenant agreed upon with the Scots by them; the Lords hous here in England; and a partie of the Commons apprehending, that, by the coming in of the Scots, matters would becom irreconcilable towards the King; they made an underhand agreement with the King; and in the Hous of Commons matters were brought so far, that it was debated and put to the question, whether they should enter in Covenant with the Scots yea or no? the hous was divided thereupon, Master Hollis was to number the Negatives; and Sir Thomas Barrington the Affirmatives, and that by a mistake of Master Hollis's reckoning, it was carried in the Negative, till by a review it was found out that the Affirmatives were more by eight persons. When this came to bee known in Scotland how near the Parlament in England was brought to revers all that was setled by Covenant between them and the English Commissioners; the Scots had a conference with the Commissioners about it; and at it two things were declared by them; the one by way of Warning to the English, the other by way of Protestation concerning themselvs: the Warning they gave to us was, that if ever the ends of the Covenant and the Caus to bee prosecuted by it, should bee deserted; that it would bee by that partie, which procured those votes in the Hous of Commons at that time, and that therefore wee should in time to com take heed how wee did join our Counsels with them; lest by their inconstancie to their resolutions and treacherie against the Caus, all the design might miscarrie. The Protestation which they made for themselvs was, that supposing the King could not bee induced to take the Covenant, and that the Hous of Lords should in like manner stand off; nay, and that the Hous of Commons should also refuse to take it, or desert it, when taken; that, if then there should appear but a partie of any twentie Gentlemen of the Nation to rise up for it, that they would join with them, and venture all for the Caus against all the would, to maintein it.

So far were they then from standing upon the formalitie which is now stood upon, or making that a scruple of Conscience which is now pretended to bee stumbled at; although since they themselvs have been the men that joined with that partie whereof they gave us warning, and are so far gon from their first Principles and Resolutions, that in concurrence with them for a Royal interest they postpose now the main end and substance of the Caus and Covenant to that which then was counted but a formalitie, and wholly disregarded, and if the Covenant should bee understood to binde the conscience according to the meaning of the first contrivers, then wee may cleerly see by this what their meaning was to bee binding, and what not to bee binding in it, in cases of necessitie.

To this Narrative som other circumstantial matters were added to confirm the same, & one who had been familiar with my Lord Wariston said, that when hee came first hither in those daies hee was wont to say that the Parlaments caus was not at so low an ebb when all the armies were defeated; as when Master Hollis told the Votes of the Hous of Commons wrong. Whereunto was further added by another; that all our troubles and changes were fallen out more from the Scots changing of their Principles, and manner of proceedings; then from anie breach of Covenant in those who at present manage publick affairs: becaus it was never intended by those on both sides that made the Covenant that it should ever oblige us, to the circumstantial parts of Government (mentioned therein) otherwise then as these were to bee subordinate unto the main ends and substantials of the Covenant; which were nothing els but the preservation of a godly partie, with the true Religion and just liberties of the Nations respectively, wherewith the present engagement is understood to bee wholly consistent and consonant.

THe motion to endeavor a reconcilement of differences, and a good understanding between Brethren engaged in the same caus, for the advancement of common safetie, and to beget a friendlie concurrence in matters of publick concernment, was renewed, after that the intent of the Discourses which should bee entertained, was recommended unto God by prayer.

To further this motion one did offer, that the most readie and expedient waie to engage the affections of men that were godlie and conscientious, would bee to finde out som eas for them, lest for their scruple of conscience they might not bee utterlie undon; for the rigorous execution of the penaltie denounced in the Act against non-subscribers of the Engagement, beeing inflicted upon well-deserving and harmless men, would break and dissolv all to pieces; whereas a tenderness of affection to such as were of a tender conscience would gain the hearts of those that mean well, and would extremely well-beeseem those who have hitherto pleaded for an exemption from penalties in reference to scruples of conscience.

Hereupon another offered that to take into consideration the waie of giving satisfaction to those that were scrupled would bee a clearer and readier waie to unite men's intentions; and that it hopefully might bee don, could bee conjectured by former experiences in the debates and conferences held at the making of the National Covenant, wherein at last the differences of opinions were removed, and all agreed in one sens to have a minde to carrie on the work of Reformation; and if now they, who are scrupled at the Engagement could (as is supposed they might) receiv satisfaction to their doubts, then the labor of seeking how to eas them from the danger of a penaltie might bee spared; which eas would not settle their conscience at al, but only their outward estates; nor make them useful at all to the publick, but onely settle them rather at a distance from it. But if their conscience can bee gained to a concurrence with the present settlement; then not onely the caus of their fears, but the inconveniencie of their distance from their brethren will bee removed; therefore this was offered as the most expeditious waie to gain the end which was sought for: chiefly seeing it cannot well bee exspected, that anie man can give a settled assurance of his harmlesness towards the State concerning which hee doth profess himself unsettled in conscience, what to think of it; for according to imergencies his conscience may oblige him to act otherwise hereafter then now liee is inclined to do: but if his conscience bee clear of doubts, both hee and they to whom hee doth ingage himself, may promise to themselvs a constancie of concurrence, which is the thing aimed at.

Another offered between these 2 advises a medium, shewing, that of right the point of Satisfaction should have the precedencie; but becaus it might prove a verie long and difficult work to compass, and manie preparatives would beerequisite unto it; and the present urgent necessities seem to require som speedie resolution towards the waie of an amiable correspondencie, to give assurance, and lay the grounds of common safetie, lest sudden breaches might prevent, and disturb all future endeavors of mutual satisfaction, therefore the thoughts concerning the point of eas might bee in som general way reflected upon and sought out, that the matters belonging to the satisfaction of conscience afterward with less trouble of mind might bee with leisure, and maturely considered, whereunto manie things would bee requisite to be predetermined, before a satisfactorie conclusion could bee hoped for: As for example, What principles should be agreed upon? what on all sides must bee granted to bee clear unto the conscience rightly informed? by what rules wee should proceed to decide and deduce doubtful matters from known principles? how and in what order matters should bee proposed? and what Cautions to bee used to prevent endless debates? all which would require much time and serious thoughts; and then when wee should com to particulars, it would bee found that all the scruples of everie one are not the same, but som will rise one waie, som another; and about the same scruples, that which will satisfie one, will not bee clear and satisfactorie unto another; and how to prevent the inconveniences, and intricacies of the discours, which may arise for want of foresight in these matters; and will make all the attempts of satisfaction fruitless, as to Conscience, could not of a sudden bee spoked to: And therefore to prepare a waie to gain true satisfaction upon solid grounds, the point of eas might at first bee considered, at least so far as to have som prospect of the possibilitie thereof. To this another made a reply, that in reference to common safetie and the securitie of the State, and for laying the grounds of settlement, it would not bee at all expedient to advance the point of eas, before the point of satisfaction; that although a full satisfaction could not speedily bee given to those that were scrupled, yet that the main of their scruples might bee lookt upon, and a trial made to remove the grounds thereof, which happily might bring more inward eas to those that seek eas in outward things, then anie uncertain hopes can yield, which upon conjectural appearances may bee proposed, for when all shall bee reviewed which may in probabilitie reach forth an expedient to eas; yet nothing can bee effectually determined, but still wee shall bee in suspens, whether or no the eas desired may bee obteined from the superior powers; but if wee enter upon the discours of satisfying scruples, as it is the most natural method to begin with that Subject; so it will yield a certain profit to the publick concernments so far as it may prove useful to remove the mistakes which occasion doubts and discontentments. Therefore the point of satisfaction was offered to have the precedencie.

This also carried it, and the method whereinto the discours did fall naturally was this; that in the proposal of scruples, such as declared where they did stick, first shewed how far they could complie with the present Government; and then what the matter was wherein they were scrupled, which in som was onely to subscribe the Engagement in terminis: in others it was somthing more; they who desired onely to bee excused from subscribing the Engagement in terminis, declared that they could acknowledg the Parlament to bee a Government: and as beeing under their power and protection, not to dispute their Title, nor to practise anie thing in word or deed directly or indirectly against them, nor to join with anie partie at home or abroad to their prejudice, but to bee peaceable and quiet; and in things just and lawful obedient for the publick good to their commands. And when som had thus far opened themselvs to the grat content of others, a motion was made that all the rest who were scrupled should bee induced to open themselvs in the same way, as others had don. But unto this motion an Answer was made, that no such thing ought to bee imposed upon anie, but that it ought to bee free to everie one to declare himself, or to bee silent as hee should see caus; and in such a manner as hee should think good; either for a compliance or against it: To this Answer som thing was replied which begot a small debate, concerning the waie of proceeding, which had this issue, that others who could not com up to such a compliance as others formerly had declared they could condescend unto, did open themselvs so far as their light and affections did lead them. These could not own the Government, but manifested a resolution to yield onely Passive obedience; and one or two of them enlarged themselvs to shew the exceptions which they had against the present establishment; the first that spake at large upon this Subject, gave a Sens of everie word of the Engagement, which hee excepted against in a fivefold respect (if I bee well remembred) viz. As a Christian, as a Protestant▪ as an English man, as a Parlamentier, and as a Covenanter: to which som brief reply was made rather to state the question, and contract all to the main point of doubt, then to give particular answers to things which were alleged, becaus the time was far spent; but another of the scruplers who spake last, opened himself to this effect; that besides all the doubts which others had hitherto raised; Som against the standing and beeing of the Government; som against the proceedings thereof; som against the words of the Engagement; som against the subscribing thereof; there was yet to him one scruple above all the rest, which hee found to bee the ground of all his dissatisfaction; and believed it to bee so with manie more, viz. That the hous of Commons was discomposed, and in a manner, (as hee call'd it, craving leav to use the word) broken by force. For (said hee) suppose al to bee true, which hath been alleged, to satisfie the main of the scruples, which have been, mentioned, viz. That the Supreme Law-making and governing power, is neither in the King nor Hous of Lords; but in the representatives of the Commons: and that therefore as the Emergencies have required, the government, as to the outward form hath been formerly by them alterable; and might now have been perhaps lawfully upon these Emergencies altered, had they been the true Representatives of the Commons; that is an entire Hous: but if it cannot bee made appear that they who now sit are a true Hous, but onely a companie of men, or a part of the hous sitting under a visible force; then it may bee doubted justly whether this hous of Commons hath anie just title to that Legislative and supreme Power, which otherwise might have belonged unto it. This scruple was at this time onely thus proposed; and the Answer to bee given to it, was referred till the next occasion of discours, becaus then it was late, and not seasonable to enter vpon so weightie a matter.

AFter Praiers, both parties declared their intentions to bee none other, but to entertain, as friends, a private and familiar discours: the one to propose their doubts concerning the present Government, that they might bee resolved; the other to offer unto those that were scrupled at the present proceeding of the Government; the grounds upon which they did think them justifiable, and whereby they did satisfie their own conscience in concurring with them. So that if God would bee pleased to bless the Consideration thereof unto those that were scrupled to rectifie their mistakes, there might bee thenceforth a better understanding and more heartie concurrence between them, as it becommeth brethren, in the prosecution of the same Caus.

This beeing on both sides premised; the doubt, which in the foregoing conference was last proposed, was repeated, and insisted upon at large, by him who offered it in the close of the former discours, who set himself to shew (not by waie of assertion, but onely by way of scruple, that his doubt might bee cleared) that neither the Hous of Commons according to the Law of the Land, though full, was invested with the supreme Legislative power; nor this present Hous in a capacitie to have that power. And to shew the first it was said, That the known and undoubtedly fundamental Law of the Land was this; that the Parlament of England is to bee constituted of King, Lords and Commons; that the Hous of Lords was the Supreme Judicature of the Nation, and that the Hous of Commons, though full, was so far from being the judicature, that ordinarily it had not so much power as to give an Oath, yet that this present Hous had now in their late proceedings taken this upon them, and altered the former cours of having a King and Lords in Parlament, which how it could bee warranted was not understood although wee should suppose the Hous to bee full, and not liable to anie exception.

But now that a part of the Hous had taken all this upon them by putting down both King and Hous of Lords, was not conceivable to bee justifiable by anie Law either positive or natural.

To the second, to shew that this present Hous was not in a capacitie to have this power; it was said, that it might bee thought to bee no Hous; becaus the major part of the Members thereof were violently detained from doing their dutie in it, which was such a breach of priviledg, as the like was never known; and becaus all their Acts since the beginning of this change hitherto, have been don under a visible force, and by consequent void, and of none effect to binde as Laws.

To this (which was the summarie of a large Discours, wherein manie particular matters were circumstantiated) two things were answered, relating to the heads thereof: The first was to shew that the Hous of Commons did claim by right, as the emergencie might bee, the Legislative and Supreme power of the Nation. The second was to shew that this present Hous is justlie to bee accounted an Hous, and to all intents and purposes hath as just a title to this Legislative power, as the case may bee, as ever anie Hous had.

Concerning the first, that the Hous of Commons, that is the Representatives of the Nation, did by right claim to themselves, as the case might bee emergent, the Supreme and Legislative power without the King and Lords Hous, this was made apparent, becaus it doth belong to the Representatives of a free people to chuse the Laws by which they should bee ruled, and that it is against the end and beeing of a Parlament (which in nature is nothing but the meeting of the Representatives of a Nation) that anie Laws should bee imposed upon them: Now where the Law-making power is originally, there is radically the Supremacie of power; for above the Law nothing can bee but the power which makes it, which never did reside in the King, becaus the making of Laws was never debated with him: And for the Lords their meeting was originally onely as the Kings dependents and councellors, therefore in equitie they can pretend to no more then is his right, whose councellors and dependents they are. And that this is asserted according to the Law and Custom of the Land, will appear by the difference of the Writs by which the Members of both Houses are called to sit in Parlament, and by the cours of the Commons, acting in this Parlament towards the King, towards the Lords, and towards the publick.

The Writs by which the Lords are called to sit in Parlament, mention onely ad consultandum de arduis Regni; but the Writs by which the Commons are called do mention that their meeting is ad determinandum & faciendum, &c. which are things of a higher and different nature. And seeing by the Act of continuance their Session cannot bee dissolved without their own consent, they may lawfully sit as long as they see caus to determine and act in the Supremacie of power, that which common safetie doth require; for by the Law of their continuance as Representatives, they are impowred to administer in a Parlamentarie waie, and manage as long as is necessarie for publick safetie the whole trust of the Common-wealth by themselvs; that is, without King and House of Lords, as the caus may bee emergent, and as they shall finde necessarie for the peoples good: Nor can they receive from others, or put upon themselvs an incapacitie, to consult, determine, and act what ever in their judgments doth occur to the interest and advantage of those that have intrusted them; and however the King, and Hous of Peers have been heretofore taken in, or rather have obtruded themselves to share in the Legislative power with the peoples Representatives, yet may it not bee doubted, but such the case might bee, that without and against both King and Hous of Peers, the peoples Representatives both of Right and Dutie, might and ought to proceed and act, what ever in their judgments was necessarie for the peoples safetie and good. Nor can it well bee conceived how anie should doubt of this, who can bee at leasure without prejudice seriously to consider the natural ground of the just Constitution of Government in a free people, which having the original of all just power in it self, to manage its own affairs; and the exercise of that power beeing put in the hands of Representatives, their trust must needs bee of an unlimited extent, to do all what is necessarie for the peoples good, so that they may put forth the power of the Nation in such manner, and into such forms as the present time and emergencie shall hold forth to them most conducting for publick good, with such amendments and alterations of the same as they from time to time shall finde necessarie and expedient; and as everie rational man may conceive this, so it will appear wholly undeniable, to those who have been engaged in the Caus of the Parlament against the late King: for without manifest self-condemnation they cannot dispute or denie the truth of this Assertion; for as it is evident throughout, that this Assertion was maintained by both Houses in opposition to the Kings pretences of Prerogative; so the peoples Representatives took libertie as the emergencie gave occasion to assert as their Right, and put in practise as their dutie, what ever occurr'd to them as necessarie for the peoples good without and against the Hous of Peers, and this long before that Hous was removed; and which may bee remembred, the Representatives of the people were excited and encouraged thereunto, and commended therein, by those verie men who now are become disputers and contradicters against this exercise of their power, yea long before they had reduced the common Enemie; for it may not bee forgotten that when the Hous of Peers, delayed and refused to pass the Bill for the Militia, the Hous of Commons in their messages declared to them, that how ever they sought their concurrence so earnestly, yet it was more out of respect to their persons, then an apprehension of desect of autoritie in themselvs, and therefore told them often, that however they desired to have the Lords sharing in the honor of saving the Nation from Tyrannie, yet if they continued to delaie their concurrence, they might not forget where the greatest trust was reposed, but held themselvs obliged to proceed with the Militia, and what ever els should bee found necessarie to save the Nation without, and against them; and how frequentlie this was inculcated by Mr Pym, and how far improved by Mr Hollis in their Messages delivered to the hous of Lords, in the name of the Hous of Commons, is notoriously known; and as this was asserted for an undoubted right in 41 and 42: So was it remarkably put in practice in 43 and 44, about the time that Bristol was lost, and Gloucester besieged; the Lords delaying and refusing to joyn with the Commons in an Ordinance for the levying and raising a thousand Hors in and about the Citie of London, for the defence of the Nation against the common Enemie; the Hous of Commons by an Act of their own, ordered the same to bee levyed and raised, and required the Committee for the Militia of London to grant Commissions to the Officers, who were autorised to fight and kill, and slay, in as full and ample a manner as others that had autoritie from both Houses, and accordingly did proceed to the reducing of Newport-Pagnel, Grafton hous, &c. so that it was judged then that the Supremacie of power lay in the peoples Representatives, in the Commons Hous of Parlament, without and against both King, and Hous of Lords; insomuch, that som of the Lords declared a willingness, in case the rest of their Hous, which were the major part, would not concur in such emergencies with the Commons, that they would quit the Hous of Peers, and com and sit with the Commons. Nor may it bee forgotten how the Citie of London, represented by the Lord Maior, Aldermen and Common-Council, gave in their full and seasonable testimonie to this truth, who observing the Hous of Lords to delay and denie the continuation of a Committee of both Kingdoms, becaus the Scots were conjoyned with the Members of the Parlament of England; as also observing how much in dutie and interest they were obliged above and against either K. or Hous of Lords to stand by, and assist the Hous of Commons, in what by them was judged good for the safetie and well-fare of the Nation, did declare that they held themselvs obliged to observ their Acts and Orders, although the Lords did not joyn with them, and prayed them to go on in endeavoring the Nations preservation, and that what they did alone, should binde and oblige them to a ready and cheerfull obedience.

Notice also may bee taken of other acts of Supremacie of power put forth by the Hous of Commons without the Lords, wherein they owned the right of Legislative Autoritie as the emergencie might bee to belong unto them without King and Lords; as for instance, When the Protestation was made, the Commons by themselvs without the Lords, made an Order, in the nature of a Law, that whosoëver did not take it, should not sit in Parlament; and before that time a long while they did suspend the ordinarie execution of a standing Law without the concurrence of the Lords; for when a riot was committed at Lambeth against my Lord of Canterburie, the Commons did fee caus to inhibit the execution, which by the cours of the Law was intended to bee set a foot at Southwark, which was an Act of no less Autoritie, then the making of a Law. At another emergencie, after the King had been in the Hous to fetch out the Members, the Hous did adjourn it self in form of a Committee, and sat as Grocers Hall with in London to provide for common safetie, where they made use of the Supremacie of their power, to manage and swaie the whole cours of publick affairs, as they then saw caus; upon which the King taking his cross resolutions, and deserting the Parlament, al the other changes since have followed; since which time in all cases of imminent danger, they have don things of the like nature, as to settle Orders, to lay taxes, & to order the Militia without the Lords when they did linger or refuse to concur; and in such actings as these, the Ministers of the Citie of London, and Assemblie, did concur with others well-affected to the Caus in Petitions, to give the Hous of Commons encouragement to proceed, offering to live and die with them in the prosecution of their trust for common safetie; not onely without, but (if otherwise it could not bee) against the King and Hous of Lords, although now upon other interests, or rather mistakes of right and duties, the case seems much altered with them. So that to sum up this part of the Discours, the assertion was this, That the Hous of Commons did challenge the right of Supreme power to it self by the Law of Nature in their Trust, by the positive Law, and Writs, by which they are called to act and determine matters in Parlament, by cleer Declarations to the King, to the Lords, and to all the world, by their uncontrolable, and justifiable practise, upon all emergent occasions of necessitie (whereof the Commons are alone the Judges, as beeing the Trustees of the Nation for the safetie thereof) and by the approbation and assistance of the Citie, and of the Ministers themselvs, who formerlie cried up this right in the Representatives, although now they seem to make a scruple of conscience at it.

As for the objection made hereunto, that however this might bee the right of the Hous of Commons as the emergencie required, and it became the people of this Nation out of dutie, and in order to their own interest and good, to stand by them with assistance upon all such occasions, yet they might not remove the Hous of Peers, as now they have don.

To this the Answer is; That if it bee admitted, that the Supremacie of power resided in the Commons, and ought by them to bee exercised alone as the necessitie might bee; then doubtless a necessitie appearing, they might not onely act without, and against the Hous of Peers, but might suspend or remove them in order to the peoples good; and as it might have hazarded the peace of the Nation to have admitted them a continuance, and yet not have consulted with them, so doubtless it would not have added to their Lordships honor upon such an account to bee left sitting.

Nor will it bee impertinent to observe that the Hous of Peers removed themselvs first, not onely by acting that which in a judicial waie made them uncapable of trust or power, by an act of delinquencie of their own, whilest they not onely delayed and denied to declare Hamilton and his Armie invading the Nation to bee enemies to it; but in stead thereof, gave voluntarie assistance to them by so far approving their enterprise, as to order the Printing and publishing of that Declaration, wherein the Justice and Necessitie of Hamiltons comming into England was impudently asserted; and this they did, as a Hous, though themselvs had not onely concurr'd in making Ordinances that declared this Treason, but had upon several cases upon appeals resolved and adjudged that such an assistance was undoubted delinquencie. It might bee added, that themselvs dissolved that Hous whilest they all withdrew and left it without adjournment, and this before the Hous of Commons had by Act declared the remomoval of it.

Concerning the Second, That this present Assemblie of the Trustees of the Nation is to al intents and purposes an Hous, and hath as just a title to this Legislative and supreme power as ever anie Hous had; this was made apparent by the present constitution of the Hous, and by the clearing of mistakes which are entertained concerning the breach of priviledge, and the force which is conceived to have been used against the Hous.

Such as look upon the present constitution of the Hous as defective in Autoritie, becaus they want their full number, and manie that are Members, are excluded wrongfullie to the breach of priviledges, which the Covenant obliges them to maintain; may bee pleased to call to minde that the number of fortie to all intents and purposes hath alwayes made, and doth make a full Hous when they are orderly met; and they may easily bee informed that more then four times that number sit at present in the Hous, and have taken the Engagement.