WHerein to speak with all due Reverence to the Honorable House, the question rightly stated will be thus; Whether it be any breach of pri­viledg to require such a present suspention for such reasons and matters which are already fully known to the House, having been acted in the House, or there examined and fully pro­ved? Or whether those other high misdemeanors charged a­gainst them ought first to be proved, which will require some time, and I conceive that there ought to be an immediate and present Sequestration of their persons from that great Counsel; and that I may make forth this truth for the satisfaction of the intelligent Reader, in point of rational conviction, grounded upon the Laws of this Kingdom; I shal premise a few Conside­rations [Page 4]and argue the point as in quiet times upon the Law of the Land, which is the only rule of justice in times of peace.

1. That it hath ever been the course of all arbitrary Courts, not to suffer their priviledges to be questioned, nor to be known to any, but to themselves; that so when they are minded to oppress any Clyent, if they be non-plust in point of reason, they may fly to the course of the Court, and say it is but the priviledg of the Court, as King James in his speech in the Star-chamber saies that the priviledges of that Court were so transcendent that they were not to be disputed by common Lawyers, and charged the Chancellor to check the presumptuous boldness of such Lawyers as durst argue and dispute of the limits and ex­tents of his Prerogative, and the decapitated Archbishop in the high Commission Court made an express Inhibition that no Mi­nster should preach of Predestination and matters of such high concernment; and formerly in the Court of Wards, he that argued for the King, to finda Tonure to fetter and clog the subjects Lands, could never want a reason; for if neither Com­mon Law; nor Statute law, not Custom, not the Kings Prc­rogativo could carry it, then it was the priviledg of the Coure so to do; that if the Counsel should say, give my Client what is his due by the Common Law, then sayes the Court give us what is our due by the priviledg of the Court, the Honor and Rites whereof we sit here to maintain; and upon that ground the Papists made marriage a Sacrament, that if Caesar should say give me my due, marriage belongs to the Civil Magistrate; the Answer is, give God his due, Sacraments belong to the Church; and so it was in our Spiritual (or rather Carnal) Courts, when the unreasonableness of Excommunication for trifles was objected, oh tis' the priviledg of the Court so to do.

But blessed be God the subject is well infranchised in these Particulars, and yet King Charls must have his due, the Army have declared their desires therein, and his Majesty saies he de­sires no more, and certainly he deserves no less: I cannot but observe what plotting there is to make the Kings late party be­leeve that his Majesty dislikes the Armies proceedings; one B. Rheymes informing the Right Honorable the House of Peers thereof; a Relation was printed by Order, as was but just for every Court gives indubitate credence to informations, [...] [Page 5]the contrary appear, or [...]; [...] every [...] to consider of the improbability of it; that the King should desire private conference with [...] stronger (for the [...] was never any Courtier nor so much as known to the King) is very strange to me, and the Relation indeed is repugnant in it self, for my own part I think it is something like the Romish Translation, and not a word of [...] true, for I find the Areny expressing the con­trary, and where his Majesties best interest and hopes lie, I refer the Reader to the Kingdoms [...] lately printed, with this, that King Charls shal be King of Pree men governing according to just and whole some Laws, by which to command one man is more honorable in the Judgment of men that are truly so, then to have absolute power of life and death over ten thousand Gal­ley slaves.

2. Concerning the Pavliament priviledges, there are very few Cases printed in any Law books, the Houses have always been the proper Judges of their own Proviledges: the Journal books and books of Remembrances and Orders in both Houses being matters of Record and Registers of their Priviledges and Pro­ceedings, and when a special case happen for which there is no President then right Reason must be judg.

For the Honerable House of Commons, the represenvdtive body of the Kingdom, the priviledges of that House are great, for Parliament are must being the greatest [...] in the King­dom; the Trustees must have inswrabld Priviledges; now a Priviledg is private [...], an Exemption from some general Law for the ease and benefit of the priviledged party, and a pri­vate Law must be [...] as well as a publick Law, but the power of the House is far above the priviledg of the House, they being impowered for the common good; and them­selves priviledged for the better carrying on of the same.

The first day of Parliament M. Speaker in his speech to the King alwayes concludes with a prayer in the name of the House that they may enjoy their ancient and undoubted priviledges, the essentials whereof are Three.

First, freedom from Ar [...]es [...] for themselves their necessary servants.

2. Freedom of debate, the very life of Counsels

3. That they may not be drawn [...], but [...]yed [Page 6]by themselves, unless for Treasons or Felonies, which are appa­rently so, as if a Member should kill a man there is no question but he ought to be tryed by the Common Law, which is the common arbiter of life and death.

This being laid as a substratum and ground-work, I conceive thereby that if any considerable number of men, free from all faction and conspiracy, shal by Petition or Remonstrance, which is an humble way, make a complaint to the House of Ten or Twenty of the Members, charging them with high misdemea­nors, and amongst the rest that they by artisicial practises se­duce the House and poyson the very fountain of Justice, that they cause divisions between the Parliament and the Kingdom, and such men as have given most large testimonies of their cordi­al affections to the Parliament and Kingdom, and are ready to aver and make good their Charge, praying that the parties may be suspended from voting in the House for the present; this Pe­tition ought to be granted for these Reasons.

1. Because the suspension is but in order to the tryal; A Petition to the House is equivalent to an original writ; upon every acti­on or accusation something by the Law must be done in order to the tryal: a man is arrested for money, possibly there is no­thing due; yet bail must be given or the party imprisoned before the right of the matter appears: If the Charge be for treason the party is not bailable, the punishment is so hainous, unless in some special case, or that malice is evident; if for felony, in some cases the Iudges wil take bayl, if the party be not taken in committing the crym; if for other offences and misdemeanours, the matter, nature, and rise of the Charge is principally considerable; but al­ways something must be done in order to the tryal; As for any bayl or caution to answer the Charge it is improper, but the first thing properly to be don is suspension from the Hous, that they may do no more hurt in the House, and this is but in the nature of an Injunction to prevent further mischeif; which is granted in ordi­nary Courts of Iustice, upon a bare suggestion that a man hath Committed waste and spoyl upon the ground before the title be tryed, an injunction is granted to stay any further wastes. The writ called de leproso amovendo, to remove a Leper is granted upon a bare suggestion, before it be tryed, whether the party be a Laper [...] not, that the healths of others may not be indangered.

[Page 7] 2. This can be no prejudice to the Members, for if the Honst please to hear the proofs, the matter may be ended in a short time; but if they sit there, it cannot be imagined (whatsoever they may pretend) that they desire a speedy tryal, if the House please to suspend them, but for a moneth, and hear the proofs in that time, what prejudice can it be in right reason? The mat­ter of every Charge where no malice is apparent, is presumed to be true, and that's the reason that the Law favours the Plaintiff, presuming the cause of Action to be just; for though the most confident Accusation, is not the least proof to condemn, for then none should be Innocent, yet tis a violent presumption that t'is true, and the party to be seoured, for the Law says that a Common fame that saith a man is guilty of felony is sufficient cause for a Justice of peace to Restrain a mans Liberty, a thing in law most precious. Now no malice can be presumed in the Army towards the Members ac­cused, they which have ventured their lives for the Parliament and Kingdom, can be supposed to intend nothing but the Com­mon good. what they do is for the pure love of Justice, they and the whole Kingdom desire peaee, and speedy Justice; which only can cure the Consumption of this Kingdom; these are the principal obstructers of Justice, and hinderers of poor Irelands releif, and these men to accomplish their ambitious ends, study to imbroyl this poor Kingdom in a second and more bloody war; and care not to set all on fire; so as they may Nere ­like warm themselves: and so great is their influence in the Ho­norable House, that so long as they sit there, no Reformation can be expected, and therefore they ought to be suspended.

But it may be demanded, Object. why may not these men sit in the House and vote in other matters, till the whole Charge be proved a­gainst them?

By no means for so the matter wil be endless, men that have cunning wits wil drive every Vote to their own ends: Respon. when the House or Committee should sit to hear the complants against them, they shal procure an order to put it off for ten days, or bring on other businesses, and pretend absence of witnesses; be­sides, as upon every Summons at Law there are fifteen days given, so is it in Committees, Tediens protractions, and dangerous delays, which the Condition of the Army cannot admit, to go [Page 8]a Circular course of Law against them, by way of Bil, Answer, and Replication; but if they were not guilty of the matters Charged against them they would not fear being suspended: some of them can be out of the House moneths together, for their own ease or profit, why should not the House do right to the Army in this particular?

Obs. But must not the House preserve it self? if Ten Members may be suspended in this manner, why not as wel Twenty or a Hun­dred, and so the whol House might be dissolved, and so a failer of Justice.

Resp. No suchmatter, every Court hath an intrinsecal power, by the Rules of Law to conserve it self: if the cheif Justice of the Kings bench or common Pleas be liable to any action, the writ may be taken out against him in the name of the Secondary Judgs and so against Three Judges, in the name of the Fourth. But if the four Iudges be all bound in one bound joyntly, this Bond cannot be sued against them all in this Court, for then there would be a failer of Iustice; they may not be Iudges in their own case, but one or two of the Iudges may be sued in their own Court, and they are to be Removed from off the bench, and sit below amongst the officers of the Court, uncovered; and therefore one of the Iudges, in the Queens time, being sued in an action of Debt, because he might not sit in the Court while the Action against him was depending, by consent came to a speedy tryal, and the matter was ended in a day or two; what a happy thing would it be for this Kingdom, if every mans cause might be ended so soon, or at least in a moneth or two, the Lord grant it may be so.

But out the case, that there was a Law that no Member of the House of Commons should be suspended, nor accused, but by the Oathes of Twenty witnesses, as the Cardinals are not to be Impeached but by Twenty Accusers, shal an Army of such gallant faithful men that have been Instruments to save the King­dom, be subject to a dead Letter? the Kingdom now intreats them to see Iustine done, shal the Houses to gratify those few Incendiaries indanger the ruin of the whole Kingdom? or shal the Army to preserve an unnecessary priviledg, neglect to see the Comon Rights, and Libertys of the people setled, which they [Page 7]have fought for all this while? must we to prevent a small inconvenience enforce a greater? there is no previledge of the House of Commons that must stand in competition with the safety of the people: the Law is Lord of particular cases and persons, but the universall good is Lord over it: what Law was there to restrain any man from going between Ox­ford and London, but the safety of the people? and what schisme is it in the body, to pull out an aking tooth, though seated in the head? This is a farre stronger case then Straf­fords or Canterburies, who yet lay long in prison before they were tried: the Armie are so farre from the least face of re­venge, that though these men have voted them enemies to the State, for that which the Parliament since acknowledge to be just, that they do not so much as desire to have them im­prisoned, which in justice they might well expect, but they desire onely their absence from the House, that their hands and tongues may be tied from doing further hurt to the Kingdome.

If the case of the five Members should be objected, there is no comparison between them; for the King cannot accuse any subject; and they were demanded in a hostile manner, because they voted for the liberty of the people; but these Members of late have voted nothing in the House, but meer­ly to inslave the people: he that was one of the five, is as a star fallen from heaven, which was no starre, but a Comet: 'tis pitty good parts should be imployed to make slaves of those that intrusted them.

But still it will be said, can words make any man guilty? I answer, their actions clearely bespeake their intentions, which is the ruine of this Army, to disgrace and oppresse eve­ry man that will not conforme to their practises, but stands in the way of their Domination, to Lord it over the Lords in­heritance; all their Votes tend to inslave them whom they should enfranchise; and it is most apparent that they nei­ther intend to doe right to the King nor the people: This is sufficiently knowne to the House, that these were the prin­cipall actors in procuring that hastie Declaration against this Army, which is the wonderment of Heathens, that men who [Page 8]with the venture of their lives had vindicated the Petitions of Right, should be denied the right and Liberty to present their grievances to their noble Generall, and this Declaration to be past in the House late in the night, contrary to Order of the House, that it should not be debated till the next day, when the Armies friends were gone away, and so the House surprized, and abused; and these are the men that afterwards of their owne accord, without any warrant from the House, called back those three Regiments out of Worcester-shire, that were going for the relefe of Ireland, and what plot­ting there was between some of these Members, and the Re­formadoes, abetting them to come downe to the House, and imprison the Members in the House till some of them by their elegant speeches pacified them; and what high affronts have been and are daily offered to those that are the Armies friends, let but everie reasonable man seriously consider, Whether the House in justice has not sufficient clear ground to suspend these men from any longer sitting, til the other heads of the Charge be cleerly united; which if it be denied, if the Army cannot finde justice from the House in the Hundred, how shal they expect it in the Shire? If these men have such an influence and power in the House, that they may not be suspended in Or­der to a triall, what hopes has the Army, that the House should inflict condigne punishment upon them according to their demerits, though I believe the Army desires they should be more mercifully dealt withall then they intended towards the Army, had they been disbanded?

If one strike a man in Westminster-Hall, in the face of the Court, he shall lose his hand without any further proof; and if the Court adjudge an Infant of sixteen to be of full age, by inspection, there is no averment against it; now not one­ly the House, but every man that walkes in Westminster-Hall, knowes that these men are the principall firebrands in the House.

But come you worthy Citizens, what if the honourable House of Commons will not doe justice upon them, for my part I know no other way to the safety of this Kingdome, [...] by the present suspending of these Members; for as sure [Page 9]as the Lord is in heaven, if they continue in the House, they will imbroyle this Kingdome in a new warre, by private list­ings, inviting the Scots, or rather then faile, to make a peace with the Irish Rebells, and bring them over, calumniating the Army, or otherwise, what will you doe in this case? pray let me give you counsell without a fee; if it taste bitter, as I hope it will not, to any found palate, swallow it downe, for it is wholsome; doe not I beseech you (upon any pretences) raise any Forces against this Army; do not alledge you must defend the City, of whom are you afraid? Is not the Army the best friend that ever the City had, have they not been your strongest walls and Bulwarks? will you be briars and thorns to them? had not your enemies long since deflowred your Virgin City, had not they stood in the gap? Rejoyce rather, never such true cause of ringing the bells, and making bonefires, gallant Sir Thomas Fairfax, and his Army, under God, preservers of your City, is coming; now keep holy­day, and write over your dooers, Victoria: this is the second nativity of London, every thing shall be setled for the good of us, and this Kingdome, as well as heart can wish; let's give them our best wine to drinke, that have ventured their lives for us; truly 'tis but justice so to doe; 'tis no charity to relieve that poore man that has saved my life; all the wealth in the City is not sufficient to requite this Army: But mee thinks I heare a poore honest heart say, this would doe well, if there were not a difference between the Parliament and Army; good friend doe not mistake, the Charge is not a­gainst the Parliament, but some corrupt wormes in the bo­dy, that are to be purged out, that the Body Politique may be the sounder: but what if we be commanded to our Armes? Oh consider what you doe, and aske counsell from heaven! a warre is quickly begun but not easily ended, the first blow is like leaping into a deep pit, or as opening the floud-gates; if there should be a breach between Parliament and Army, which God forbid, who made it? who gives the first blow? what had the Army done to be declared enemies, for presen­ting a Petition to the noble Generall, which (by the Law of Armes, all souldiers have liberty to do) in case they should [Page 10]persist in it? which since the Parliament has acknowledged to be but just; and though that Declaration be since retracted, the unbending of the bow does not heale the hurt made by the arrow; when the wound is cured (though I thinke all sober men counted it at the best, but an impolitike and hasty Declaration, full of ingratitude; to say no more of it) yet the scar remaines so farre, as that it was a sufficient Declaration how the chiefe promoters of it intended to deale with the Army when disbanded, Rebels, Traitors Here­tikes, and Schismaticks, men not worthy to have a mouthfull of ayre in the Kingdome, though under God they had saved it; but when by their meanes a blessed Reformation (for the good of this poore Kingdome) shall be effected, and ju­stice and common honestie shall be highly exalted; how will the world then stand and admire, and say with David, mirabilis Deus in sanctis suis, God is greatly to be admired in his Saints. Doe but consider seriously of it, for which of the Armies good works at Naesby, Bristow &c. must they in all haste be stoned? Weigh their proceedings in an equall ballance, since the Charge sent up against the eleven Mem­bers, they have kept at a distance, expecting justice to be done upon them, it cannot be obtained; they approach the City for that purpose onely: Oh bid them welcome, the sword is but the servant of justice, and servants of justice are the Kingdomes best friends; take heed you do them no wrong, my life on it they will do you none; you know they are no cowards, when their cause is good, the justice of heaven is for them, they have assisted you against those who had design­ed the ruine of your famous City: It is but justice and com­mon equity, that you should assist them against those that had designed theirs, and in them the ruine of the whole King­dome; for believe it, under the specious pretences of go­vernment, order, and uniformity, the designe of these men and their Accomplices, was no other but to get the Kings power into their own hands, to monopolize all the great places to themselves and their Adherents, to continue Gran­dees of Parliament during their lives, and to make us the most absolute slaves that ever were in this Kingdome, both for [Page 11]soules, bodies, and estates: consider further, what can you get by opposing this Army, for though the Commanders and Officers be not Souldiers of fortune, but Gentlemen of worth and quality, and few of the souldiery but know how to live comfortably; for you see it is not money they aime at, being acted by more noble principles, the love of justice, and vertue, for which they first ingaged, yet if they find re­sistance, nature justifies selfe-defence, and justice must be done; you may lose much, and in the losse of this Army, you and yours are likely to be inslaved for ever, you know God has owned this Army as those that are holy, faithfull, and chosen, and all Counties where they come owne them and love them, and feare nothing but their disbanding before the peace of this Kingdome be setled, and the Liberties of the Subject vindicated: pray read the 8. of Numbers, the Lord is with them, and the shout of a King is amongst them.

Therefore as you love this Kingdome, make not the least head, nor face of resistance against them; you and they are as two vessels at sea, if you clash upon one another, you are broken: he that gives the first blow ingages the Justice of Heaven against him, set open your gates, if you have no inte­stine troublers, you may throw down your works; the Army under God, will be your sufficient defence: doe not object that to require justice in this manner is to enforce the Parlia­ment, force and right are opposed; force being properly of things unlawful, 'tis no force to make a man to be honest; these Members accused, might have acted and voted freely for the infranchisement of the people, but they are not free to vote for our inslavement; tis a common Argument, that by this meanes the Houses are over-awed, and not in a free capacity; but it beares not the weight of a feather: For;

1. God, and nature, law, and reason all command the ex­ecution of justice, and hee that ordaines the end, alwayes appoints some means or other conducing to that end: there­fore, when the Liberty of a people cannot be setled but by a defensive war, that must needs be lawfull: but this is the case, there happens an unhappy difference betweene the Houses, and the Army, the Parliament say, they will make the Kingdome happy; the Army fears it, and sayes it will not bee done un­lesse [Page 12]these Incendiaries bee removed: Now the Question is, Whether the Army ought not in Law and conscience to con­tinue in armes till this difference be ended, and there is nothing more cleare, then that they ought; for it is a rule in Law, and universall reason, that when a suit is begun all things must rest as they then are till the matter be ended and ad­judged, for to deliver up the sword, is to release the right.

2. Here is no force unlawfully raised, but commissionated by the Parliament for the freedome of themselves, and the whole Kindome, not to fight with an implicite faith, but for justice, and common Liberties, and properties; and there can no Ar­gument bee used against the Army, for whetting their glister­ing swords, against the injustice of these men, and keeping them unsheathed untill the King and Kingdome bee setled in Honour, and safty, but what may bee improved against the Parliament, for the first raiseing of this Army?

Let not these and such like Incendiaryes, nor their accom­plices in pulpits nor elsewhere, abuse you into any prejudices or jealousies, as that the Army was raised and paid by the Parliament, and that the servants oppose their Masters; just as the Bishops argued, wee are the shepheards, ye are the sheepe, shall the sheepe oppose the shepheards? tis the King­dome that payes the Army, and they contribute thereunto out of their owne estates, but the Parliament are so wise in all their declarations, to exempt themselves from payments; the Army fight for themselves, and for the good of the Kingdome, and are true to their first principles, Iustice and Lawfull Liber­ties, for the love whereof they will adventure ten thou­sand lives a peece, if they had them: For my part, if they should willingly disband, before our Liberties be set­led and secured, I should proclaime it to all the world, that they had betrayed us. Have honest men laid out themselves to their very shirts, and must they now be trampled upon, and made at the best hewers of wood and drawers of water, if so much favour may be granted them, to breath in the Land of their nativity? How is justice vineger at the best, and gall to the most? Protestants by a new trick made Papists, and in­dicted upon the Statutes of Recusants, honest men imprison­ed [Page 13]every where, as if it were no more to imprison a man then to whip a Schoole-boy; Petitions burnt, a thing never heard of amongst Heathen Magistrates, that dries up the fountaine of all reliefe; and these persons are the chiefe incendiaries and promoters of all these mischiefs; these are the Phaetons that would set all on fire before the generall conflagration at the day of judgement; for I have a most reverent and ho­nourable esteem of many in both Houses, who in my consci­ence, really and sincerely, without those unworthy and base ends of enriching themselves upon the ruines of others, in­tend the glory of God, and the good of this Kingdome, but are over-voted and silenced, as wheat lies buried amongst the chaffe.

Therefore, this being no time to write much; All you ho­nest Citizens, go down to the Parliament, and cry Iustice, Iu­stice, against these men; take your Bibles, and mark well the 20. Chapter of the second Book of Samuel, let these She­ba's be but suspended the House and justice done upon them, and the Army, if you desire it, will make an honourable re­treat, so as they may have moneyes not to be chargeable to the almost quite exhausted Countreys: The Army desires an account of the many millions of money that have been raised for the Kingdomes service: In the name of God, let the Treasurers, Committee-men, and those that have swallowed down the money, vomit it up againe; why should they not? let quick and cheap justice be done to rich and poore; I as­sure you, the work will be glorious if you hinder it not; if you make any opposition against this Army, you are undone. Farewell the glory of London-Towne: the Lord give you wisdome to know your friends from your foes: In this will Gods love be manifest to the city: I hope your unthankfull Remonstrance may be forgotten, because you were at the first a Sanctuarie for honest men; I trust God will inspire you to foresee and prevent your ruine, which can onely be by com­plying with this Army, for which I shall pray and conclude my selfe an unfeigned well-wisher of peace and truth, of the honour of the King, and just Rights and Liberties of the Par­liament and Kingdome.