A Declaration of the Lord BROGHIL, and the Officers of the Army of Ireland in the Province of Munster.
AS the Freedom of Parliaments is their undoubted Right: so are our utmost endeavours for restoring them unto, and preserving them in their Freedom, our undoubted Duty. Our Interest also is involved in our Duty; and if we truly love that, we cannot decline this; since whosoever enquires into the Foundations of his own Freedom, his Posterities and his Countries: in a Free and Full Parliament, as in a common Center, will find them all to meet. And therefore he that is not free in his Representative, hath little reason to hope he shall be so in his Person or Property. The Theory of this truth hath not been more believed by other Nations, than the Practick of it hath been sadly felt by Ours. For, ever since the first violence which was put upon the Authority of Parliament in 1648 we have been without Foundation; it having cost us more Bloud and Treasure to maintain confusions, than ever it did cost any former Age to free it self out of them. For whilst we were fighting for our Properties and Liberties, we have even almost in our successes lost both; and whilst we contended for Reformation in Religion, we have almost lost the very Being and Life of it. More Heresies and Schisms being introduced whilst the highest Light was pretended to, than ever the darkest times were involved in; and whilst we seemingly aspired to Perfectness, we actually lost that Charity which is the Bond of it; becoming thereby a reproach to our selves, and a derision to that Protestant part of the World, unto which, whilst our Supreme Authority was inviolated, we were a Bulwark: the Universities and Schools of Learning in our Nations having been looked more after to poyson them, than to keep them sound; that not only our Streams might be impure, but even our Fountains; many have been employed to teach, who stood in need to be taught; and the Legal Maintenance of the Ministery of the Gospel conferred on Men unable, unwilling or unfit to dispense it, who had less ill deserved a Maintenance for their Silence, than their Speaking. Never greater Taxes raised for Armies and Fleets, and never Fleets and Armies more in Arrear. Taxes and Impositions laid, which past Ages never knew, and many thousand Families of the present have been beggered by. Powers have made Laws, and subsequent Powers disown'd and null'd what the preceding Powers had Acted: that now the Questions are not so many, What is the meaning of the Law, as, What is a Law: whereby that is become a Subject of Debate, which formerly was a Rule for ending of it. All which are yet inseparable Effects of such a Cause: for whilst an Authority it self is disputed, their Acts will always be the like; and whilst many are unrepresented in making of Laws, few will be satisfied to be obliged by them: And what is Enacted by any but a Full and Free Parliament, will always be Questioned, if not Repealed, when such an One doth sit: nor can it be believed that the Laws of a Parliament, the very much greater part of whose Members are kept out without Impeachment or Tryal, will ever pass the Test of a Free Parliament; lest thereby they should encourage others to serve them in like kind.
These sad Miseries, and these certain Truths, made us believe we hazarded more in submitting to that Force that was so lately over us, than in taking up Arms to oppose it; and thereby endeavouring the Restauration of the Parliaments Authority: in which God was pleased so to own the duty of our endeavours, that in a few days we were not only at unity among our selves, but even able and willing to offer our assistance to our Brethren in England and Scotland; which had it been needed, it had been as readily sent as offered. But we must confess, we could hardly so much as imagine that those Members which had so recently felt, and justly exclaimed against a Force upon themselves, would when it was taken off, have deny'd their Brethren to participate in that right they saw the three Nations had engaged their All to restore them unto.
If it be a justice to declare for the restoring of some Parliament Members under a Force, 'tis a greater justice to appear for the restoring of all that are under it: yea, as much as the whole is preferrable to a part; so much greater is the duty of this declaring, than of that.
We were more than hopeful, that when the Cause ceased, the Effect would do the like; and when the Rebellious part of the Army was broken, those Members would have been re-admitted, which hitherto, we were made believe, were kept out only by it. The happiness of the now-Members Restauration, and of the suppressing of those Forces which lately had interrupted them, could not have been greater than the Honour they would have acquired, in making those other Members, which had participated with them in their Sufferings, to have also participated in their Restitution. We were loath by an Address of that nature to have lessened the beauty of their expected performance, and had rather have enjoyed the Right and happiness of having this Parliament Full and Free, as the Product of the Justice of this present House, than as any Effect of Our Sollicitations.
When the violence was put upon the Parliament in 1648, we did with much contentment observe how sollicitous those that sate were to have it taken off, thereby asserting their Rights, though they were denied the actual enjoyment of them; which made us the more chearfully engage our selves to restore those to the Power of doing Justice, who then manifested they wanted not the Will: It being a crime too great to enter into our beliefs, That they asked, because they were sure to be deny'd; and would approve when they had the power, what they condemned when they had not the power: which, though then objected against them by many, we did not then credit, and we wish we never since had cause to believe. Nor was it unobservable, that though such Members of theirs as have been lately put out of the House by them, as Sir Hen. Vane and others, were known to be guilty of joyning with that Rebellious part of the Army: yet they admitted them to sit in the House, till particular Charges were brought in against every one of them; they heard, and judged by the House. If such be not the true and antient manner of proceeding against Members of Parliament, why was it practised to those so deeply guilty? and if it be, why is it deny'd to others, who have not hitherto appeared to be so? Doubtless such as were kept out of the House by a Rebellious part of the Army, merited at least as much favour and justice, as those who joyned with it. We do the more deplore such a Procedure, because from it Pleas have been raised for the like violence acted on the Members now sitting: and happy are those who condemn not themselves in the things which they allow.
What more pregnant proof need there be of the want of those worthy Patriots, so long excluded, who with the earliest stood in the gap for our Liberties and Properties, than, that Petitioning to the Parliament is now punished as a high Crime in the People, which at the Parliaments first meeting was declared to be their undoubted Right? And though a constant experience hath taught us, that the People may lawfully Petition for Repealing an Act of Parliament which is grievous to them, and therefore much more against a Vote which is so: yet to our Trouble and Amazement we understand those worthy and eminent persons, who in obedience to their Countries desires, presented Petitions for the Restauration of the Excluded Members, an imprisonment in the Tower was their Answer: That, we again say, which was declared the Right of the People, being now become their transgression, Is it not high time to declare for that Justice, which when Petition'd for, is punished?
And because we know the common aspersion to such a Declaration is, That it savors of a Design of introducing the Common Enemy; We shall here set down some of those many Grounds which makes us experience, That in the Duty we now ingage in, we are not to be frighted by such words: it may indeed terrifie and dare others; but such who mean what they say, and are satisfied in what they do, will only pity those who therein believe what they speak, & contemn those who therein speak what they do not believe. We rather doubt, that if the House be kept so empty as it is, it will admit the Common Enemy, than the House so filled: for whilst eight parts of ten of the People are unrepresented, and two Nations of the three intirely; may not it too probably provoke those People to joyn with whoever will promise them their Right, than lie under that power which hath hitherto deny'd it to them? To keep out most of the Members, that a few may keep him out; is to do evil that good may come thereof. We love to do Lawful things, Lawfully.
That the House ought to be fuller than now it is, seems of late to be the granted Opinion of the Members that now sit in it; and that we conceive can no way so probably with safety be effected, as by admitting all those who in the year 1648. and since, were excluded; those being likelyest to take care of our Safeties and Settlement, by whose Authority our Actings were influenced during the greatest heat of our Wars; and therefore in Interest as well as Justice will be most concerned for us. And when such are admitted, there will be no fear that the necessary Qualifications for those Additional Members to be futurely elected, to supply the vacancies of delinquent and dead Members, will be disobey'd, being enacted by so unquestionable an Authority; nor that those then chosen can be able to over-vote so full a House, were that as much their design, as 'tis far from our thoughts to have so unworthy a belief of them.
We believe, under submission, that we have acted and fought against the pretended King, as long as any others; and therefore ought to apprehend his coming in, as much as any others: but, through the mercy of God, our Principle is not to act an Evil our selves, to secure the doubts of some, that our Supreme Authority else would commit one. We are not to speak nor think evil of the Rulers of our People; nor out of the fear of an uncertain Ill, to decline a certain Duty.
If the said Excluded Members be re-admitted, they must be either the Greater or the Lesser Number in the House: If the Lesser, where is the Danger of their Admission? If the Greater, where is the Justice of their Exclusion? for then it will appear, that the Minor Number keeps out the Major. And if in the apprehension, that a Parliament when Full and Free, will abuse their Authority, it be a received Maxime to keep them from the Exercise of it; a certain Foundation is laid for all that have the greatest Force, to have also the greatest Authority; and whoever hath strength and this Tenent together, may too easily be perswaded to believe, that he hath as much Right over the Minor part of a Parliament, as the Minor part has over the Major. Neither can any Act of a Supreme Authority be so evil, as is the admitting that any but the Supreme Authority ought practically to judge what is best for the Nations: the One can be but an ill Act in Governours, but the Other is a destroying of Government. VVe do not desire that any of the Secluded Members, if they have offended, may not be tryed: but we humbly desire that they may have a Parliamentary Tryal. And though we much value their Persons, yet we can with as much truth aver, VVe ask this for their Cause, not for Them. And had those Members who now sit, been in the Condition of the Excluded Members, and the Excluded Members in their Condition, we had as cheerfully appeared for These, as now we do for Those.
And considering that in past Ages, and more particularly since the beginning of the late horrid Rebellion in Ireland, our Brethren in England have abundantly manifested a tender and compassionate sence of the Condition of Ireland; and were careful to relieve us in our lowest Estate, as bone of their bone, and flesh of their flesh: which we do and shall ever acknowledge with humble thankfulness; and (as a debt which we well know to be due from us to them above all people in the world) shall be for ever as tender of their happiness and welfare, as of our own, which indeed is involved in theirs, and without whom Ireland cannot be happy: VVe therefore remaining constant in the Reasons of our Brethrens Declaration of the 14 of December 1659. for adhering to the Parliament in defence of its Priviledges, and the just Rights and Liberties of these Nations; all which we see now are apparently more and more violated by the not-admission of the said Excluded Members, and by not filling the vacant places, whereby the House might be full; and being freed from force, might uninterruptedly act according to their Judgements and Consciences towards re-settling these Nations, which otherwise in all humane probability can never be restored to Peace and Tranquillity.
VVe do therefore declare for a full and free Parliament in England, consisting not onely of those that sate on the 11 of October 1659. but also of all such of the Members of Parliament, imprisoned, excluded or withdrawn in December 1648. as are yet living; whom we desire may be restored to the freedom and liberty of their sitting and acting, according to the Trusts committed to them by the several Counties and Places which did chuse them; that so they may be no longer debarred from discharging their said Trusts; and that vacant places may be speedily supplyed by free and due Elections of the People: yet so, [...]s none of the Persons to be admitted or elected, be any of those who have been in Arms, or otherwise aiding, abetting or assisting the late King or his Son in the late VVar against the Parliament; or that have put rebellious Violence upon the Parliament: and that the House so filled, may proceed unanimously to consult the best means for re-setling the peace of the Nations, the re-establishment of true Religion, (the surest Foundation as of all Government, so of all the happiness of a Nation) the Fundamental Laws of the Land, (whereby all mens Rights and Liberties are preserved) and the Liberties and Freedom of the People, which are supported by those Laws.
And for these Ends, and in discharge of our duty to God and our Country, we do resolve (by the blessing of Almighty God) to joyn with all our Brethren in England, Ireland and Scotland, who have or shall joyn with us for the ends aforesaid; and do resolve for the maintenance and preservation thereof, to hazard our Lives and Estates, and all that is dear to us: and we doubt not but all our Brethren in the said Nations, who disdain to be made Slaves, will joyn with us herein, as being with wisdome and reason desirous to deliver over to their Posterity that Liberty and Freedom which was conveyed to them at so dear a rate by our Ancestors. And then we trust, that by the great mercy of God, will speedily follow a happy Settlement of these yet-miserable and distracted Nations; and consequently, that the true Protestant Religion in the power and purity thereof, may be established; the Godly, Learned and Orthodox Ministers of the Gospel maintained by their Tythes, and other their accustomed Rights; their persons supported and countenanced; the Universities, and all other Seminaries of Learning, cherished; Heresies and Schisms suppressed; needless Impositions and Taxes on the people, removed; and no charge to be laid on any of the Nations without their own free consents, given by their Representatives in their several and respective Parliaments: Manufactures and publick Trade and Commerce at home and abroad, advanced; Justice in its due and wonted course, administred; the just debts of the Nation, satisfied; the Treasure and Revenues thereof preserved, and returned to their right and proper Chanels; the Arrears of the Army, and other publick debts, duly satisfied; the Armies and Forces continued in due obedience to the Supreme Authority, and not presume, as some have done, to give Laws thereunto, which hath been the root of a great part of our miseries; the Nations enriched, united and strenthned; the reformed Protestant Churches abroad supported and countenanced; the Honour of the English Nations restored, to the comfort of Friends, and terrour of Enemies; the Plantation of Ireland in the hands of Adventurers and Souldiers, and other English and Protestants advanced, as a further accession of honour and greatness to the English Nati [...]n: And so by the blessing of God, all will shortly terminate in the Glory of God, the Peace and Tranquillity of these Nations, the strengthning of them against forreign Invasion, and intestine Rebellion, and the comfort, contentment and satisfaction of all the good people in these Nations.
- BROGHILL.
- [...]p. Sir Mau. Fenton
- Col. Ralph Wilson
- Lt. Col. J. Widenham
- Lt. Col. Ben. Lucas
- Lt. Col. A. Barrington
- Lt. Col. Fr. Foulk
- Major Will. Wade
- Major Will. King
- Major N. Purdon
- Major R. Goodwyn
- Cap. And. Ruddock
- Cap. J. Wakeham
- Cap. Ge. Dillon
- Cap. Ja. Manserghe
- Cap. Ro. Russel
- Cap. Jo. Nicholls
- Cap. Samps. Towgood
- Cap. Thomas Cullen
- Cap. D. Coghlan
- Cap. Hum. Hartwell
- Cap. Tho. Lucas
- Cap. Will. Pope
- Cap. Will. Hartwell
- Cap. John Frend
- Christop. Perkins
- Lt. Hum. Ray
- Lt. Jo. Zan [...]
- Lt. Rich. Wakeham
- Lt. Rich. Ashwood
- Lt. Pat. Dowdal
- Lt. Zac. Holland
- Lt. Hen. Haward
- Cornet H. Fagetter
- Cor. Mat. Pennefether
- Cor. Dane Rono
- Ensign Bar. Foulk
- Ens. John Brown
- Ens. Ant. Shackleton
- Ens. Iohn Sloughter
- Ens. James Banting
- Ens. Hen. Bindon
- Qu. Mr. Jason Whi [...]
- Rob. Fletcher, Com.