Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 20 die Augusti.
L. Viscount Say & Seale.
Ds. La Warr.
Ld. Mountague thanked for his Attendance on the King.
Allowance for the King's Privy Purse.
Letter, &c. from Sir T. Fairfax.
Towers, Cotton, Nicholson, &c. sent for, for dispossessing Ministers of their Livings.
And it is further Ordered, That Samuell Cotton, Richard Nicolson, Doctor Gorsuch, Doctor Towers late Bishop of Peterburgh, and John Parvo, shall be sent for, as Delinquents, and brought before the Lords in Parliament, to answer their several Offences; and that the aforesaid Persons shall speedily restore such Tithes and Glebes as they have taken away from the Plaintiffs, or give them Satisfaction for the same; or else this House will see that Treble Damages be given for the same.
And it is further Ordered, That several Ordinances be drawn up, to put the Plaintiffs into their Livings, (fn. 1) which they were unjustly put out of.
Moorcroft to be attached, for re-entering on the Living of Kincham.
Upon Information of the Lord Viscount Say & Seale, That one George Moorecroft, of Kincham, in the County of Oxon, was put out of his Living, as a scandalous Minister, and afterward got in again by colour of a Declaration from the General; who, hearing of it, put him out again: Yet the said Moorecroft, by Force and Violence, hath entered into the Living, and possessed himself of all the Tithes and Glebe:"
It is Ordered, That the said Moorecroft shall be attached, and brought before this House, to answer the same; and that he forthwith restore such Goods as he hath taken away from the late Incumbent put in by Authority of Parliament; and that an Ordinance be brought in, for settling that Minister in the said Living that was put out.
Letter, &c. from Sir T. Fairfax:
Thanks to him.
Ordered, That this House approves of this Declaration; and that a Letter be sent to Sir Thomas Fairfax, from the Speaker of this House, to give him Thanks for the Continuance of his Care for the preserving the Honour and Freedom of the Parliament; and that this Declaration, with the said Letters, shall be printed and published.
Message from the H. C. with Orders; and to sit P. M;
Captain Plunket's Order.
Hardwick—and Lawrence and Sowton.
Message from the H. C. with an Account of a Victory in Ireland; and for a Thanksgiving for it; and with an Ordinance.
A Message was brought from the House of Commons, by Sir John Temple Knight; who brought up, A Diary and Declaration of the late Victory in Ireland, by the Forces under Colonel Michaell Jones, against the Rebels.
That this House (fn. 2) agrees to the Order and Ordinance now brought up.
Earl of Pembroke acknowledges the House was under Force, while the Speakers, &c. were with the Army.
The Earl of Pembrooke this Day declared in the House, That, while the Houses of Parliament were under the Force and Violence, from the 26th July last, until the 6th of August when both Speakers returned to the Houses, he holds all the Orders, Ordinances, and other Acts, which passed in that Time, to be null and void, as being done without Authority of Parliament; and acknowledging both himself and the rest of the Lords that acted during that Time to be under Force:" With which Acknowledgement the Lords rested satisfied.
Evan and Outherlaine.
Ordered, That Captain Thomas Evane, now in the Custody of the Gentleman Usher or his Deputy, is hereby dismissed from his farther Attendance on this House, touching any Matter of Difference between him and one David Outherlaine, and discharged of his said Restraint, paying his Fees: And this, &c.
Petition of Ministers put into Livings on Sequestrations, that they are turned out of them by those who were voted out before as Delinquents.
"That your Petitioners are involved in a very deplorable Condition, by reason of a sudden Surprizal, not only of our Tithes, after all our Taxes, Quarterings, and diligent Supply of our Cures, but of our proper Goods and Corn growing upon the Glebe, amounting to very considerable Sums of Monies; having our Houses by Force seized and possessed, with Threats to sacrifice us, and to plunder us of our Estates, as some have already attempted; and because, for the present, some of us are arrested upon Actions of a Thousand Pounds: The which Premises being done by scandalous Ministers sequestered, without any Authority exhibited to us, in high Affront to Parliament Proceedings; we crave your Protection.
"May it therefore please your Honours, that such daring Offenders may be made exemplary, to deter others from the like unjust Attempts; and that your oppressed Petitioners may have Reparations and Satisfaction, for our great Losses, by our Corn reaped and carried away from the Glebe, and other our Goods spoiled and detained, and for our Sufferings by such Arrests and Imprisonments, and other extraordinary Charges, out of their Estates, as to your Wisdoms shall seem convenient.
"The Heads of several Complaints from divers Ministers in Sequestrations, against scandalous Ministers, upon their Pretences of Order from his Excellency Sir Thomas Fairefax and his Council of War, craving a Recommendation of our sad Condition to the Parliament.
Jenkin turned out of North Kilworth, by Cotton;
"That Samuell Cotton, sequestered for his notorious Delinquency and Scandal, upon a pretended Order from his Excellency, forbad the People any Payment of Tithes, came into the Field, and struck me (fn. 3) against me, and carried away the Profits of the Glebe; and often endeavoured to take a Fork, saying, "That I deserved to have it thrust into my Guts;" and said, "The next Time he met me, he would sacrifice me." And on the next Day, being the 11th of August, the said Sam. Cotton, with such as have been in Arms against the Parliament, and some of the Inhabitants, violently seized on my House, shamefully abused my Wife by dragging up and down and kicking of her though with Child, cast out and spoiled a great Part of my Goods, and possessed the rest, discharged against those that came by Order for my Assistance, disarmed them; and do now keep the House and Church by Force of Arms, in Contempt of Orders of Parliament. And he said also, "That he would shortly make me and a Hundred such Rogues as I am to fly, as it is in regard at Leicester." And some of the rich Men of the Town did take me from my Family and People, and did force me to go towards the Head Quarters, as a close Prisoner, without any Order or Warrant from the Parliament or his Excellency.
Horrocks out of Stapeford Tawney, by Nicholson;
"That Richard Nicolson, proved a notoriously-scandalous Minister before the House of Lords, for Drinking, Swearing, Quarreling, hath, by pretence of his Excellency's Authority, demanded (fn. 4) my Parsonagehouse and Glebe, usurped my Pulpit, notwithstanding I shewed him his Excellency's Declaration to the contrary; after publishing whereof by me, he contemningly kept the Key of the Church-door, called the People to Witness that I refused to give Way to him to officiate in the Afternoon, with many implied Threats, &c.
Ward out of Walkerne; by Gorsuch;
"That Doctor Gorsuch, being sequestered, by Order of Parliament, for notorious Drunkenness, hath by Violence seized upon the Corn growing upon the Glebe, which doth amount to a very considerable Sum; and hath also arrested me Nathaniell Ward, upon an Action of a Thousand Pounds.
and Spinks out of Castor, by Towers, late Bp. of Peterborough;
"Doctor Towers Bishop of Peterborrough (being deprived by Ordinance of Parliament), upon June Third last, commanded the Parishioners of Castor, some by himself, some by his Man, to pay no Tithes to Edmond Spinkes, who was presented to the Parsonage by the Parliament, under the Great Seal, encouraged by a Paper, intituled, "Articles presented by the Army to the King." Again, August the Eight (being the Lord's-day), in the Afternoon, a Stranger having preached, the Bishop's Man John Parvow stood up, and said, "His Lord the Bishop had commanded him to publish a Proclamation from the King, and an Order from Sir Tho. Fairefax;" which accordingly, to the great Disturbance of the Congregation, he did publish.
Ordinance for Billers to be Clerk of the Deliveries.
"Be it Ordered and Ordained, by the Lords and Commons assembled in Parliament, That William Billers, Clerk of the Deliveries of all Stores brought into The Tower, do continue and execute the said Place of Clerk of the Stores, in the same and like Manner, to all Intents and Purposes, as he was on Monday the 26th of July last: It is further Ordained, by the Authority aforesaid, That Oliver St. John Esquire his Majesty's Solicitor General do prepare a Patent, containing a Grant of the said Place of Clerk of the Deliveries unto the said William Billers during Life; and that the Commissioners of the Great Seal do pass the said Grant, so prepared, under the Great Seal of England, unless they shall see good Cause to the contrary; and for their so doing, this shall be a sufficient Warrant to the Solicitor General and the Commissioners of the Great Seal respectively."
Allowance for Dartmouth Castle.
"Resolved, by the Lords and Commons in Parliament assembled, That the Forty Pounds per Annum formerly allowed for the Establishment of the Garrison of Dartmouth Castle, out of the Customs, be continued: And it is further Ordered, That the same Proportion of Powder, Match, and Bullet, as was formerly allowed for the Service of the Garrison in Dartmouth Castle, be still continued and allowed them, out of the Public Stores; and that the Government thereof be in the Mayor, Bailiffs, and Burgesses, as formerly."
Order for 4642 l. to Captain Plunkett, &c. Owners of the Ship Discovery.
"Whereas it appeareth, by the Certificates from the Right Honourable the Lord Inchequin Lord President of Munster (of the great Services done by Captain Thomas Plunckett), that there is due to Captain Tho mas Plunkett, and the rest of the Owners of Ship Discovery, the Sum of Four Thousand Six Hundred and Forty-two Pounds, as is also certified by the Committee of Accompts, &c. It is now Ordered, by the Lords and Commons in this present Parliament, That the said Sum of Four Thousand Six Hundred and Forty-two Pounds be reimbursed and paid unto them, out of the Tenths, Profits, and Seizures, of such Reprizals, Ships, and Goods, as have been taken since the 10th of April, 1645, as well by the Ships immediately in the Service of the Parliament, as also by all others whatsoever, set forth by Letters of Mark, Reprizal, or otherwise, or shall be taken hereafter, until the said Sum of Four Thousand Six Hundred and Forty-two Pounds, with Interest for the same, shall be fully paid to the said Owners: And the Lords and Commons do hereby require and authorize all Collectors appointed by Parliament, whom this doth any Ways concern, to take Notice hereof, and to cause present Payment to be made unto the said Owners of what they have already in their Hands, of the Tenths and Profits belonging to the Admiralty; and to pay unto them, from Time to Time, what shall come unto their Hands of the like Nature, until the said Sum of Four Thousand Six Hundred and Fortytwo Pounds, with Interest, be fully paid as aforesaid, according to this Ordinance."
Order for a Thanksgiving, for the late Victory in Ireland.
"Ordered, by the Lords and Commons assembled in Parliament, That Tuesday next come Sevennight be observed as a Day of Public Thanks unto Almighty God, within the Cities of London and Westm., Lines of Communication, and Parishes within the Weekly Bills of Mortality, for the great Victory obtained against the Rebels in Ireland, on Sunday the Eighth of this present August, by the great Blessing of God upon the Forces under the Command of Colonel Michaell Jones; and Tuesday next come Fortnight in all the Parishes and Places in all the Kingdom of England, and Dominion of Wales."
Ordinance for 20,000 l. for Ireland.
"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That the Sum of Twenty Thousand Pounds shall be paid, in Course, out of the Receipts of the Grand Excise, to come in upon the several Ordinances of Parliament, unto Sir Adam Loftus Knight, Treasurer at Wars for the Kingdom of Ireland, or his Assigns, to be employed for the Service of the Forces under the Command of Colonel Jones; and that the Receipt or Receipts of the said Sir Adam Loftus, or his Assigns, for the same, shall be to the Commissioners of Excise for the Time being a sufficient Warrant and Discharge in that Behalf: And for the better and more speedy Supply of those Forces, be it further Ordained, That if any Person or Persons shall advance the said Sum of Twenty Thousand Pounds, or any Part thereof, by Way of Loan, that every such Person or Persons, their Executors, Administrators, or Assigns, shall be paid and reimbursed the several and respective Sum and Sums of Money which he or they shall advance, out of the Receipt of the Excise as aforesaid, together with Interest at the End of every Six Months, after the Rate of Eight Pounds per Centum per Ann. from the Time the same shall be advanced, for so long Time as it shall be forborne, and until it shall be reimbursed; and that the said several and respective Sums, to be advanced for the Uses aforesaid, be paid unto the said Sir Adam Loftus, or his Assigns; whose Acquittance or Acquittances under his Hand, and testifying the particular and respective Sums advanced, together with the Receipt or Receipts, Acquittance or Acquittances, under the Hands of the several and respective Advancers and Lenders thereof, their Executors, Administrators, or Assigns, shall be a sufficient Warrant and Discharge unto the said Commissioners of Excise for the Time being, for Payment of the said Twenty Thousand Pounds, and Interest for the same, and every Part and Parcel thereof, accordingly."
Order to restore Jenkyn to the Parsonage of North Kilworth;
Ordered, by the Lords in Parliament assembled, That Thomas Jenkyn, Minister of North Kilworth, in the County of Leicester, being dispossessed of his House, Church, and Glebe, by Force, by the Means and Procurement of Samuell Cotton, sequestered for his notorious Delinquency, shall forthwith have Possession of the said Church, and House, and Glebe; and that all Tithes and other Corn growing upon the Glebe, and other Goods taken away from the said Mr. Jenkyn, shall be also forthwith, upon Sight of this Order, delivered unto him or his Assigns; and, upon Refusal thereof, this House will see that Treble Damages shall be paid him: And it is further Ordered, That the Sheriff and Justices of Peace of the said County are hereby authorized and required to see this Order put in Execution accordingly.
Horrocks to Stapleford Tawney;
Whereas Richard Nicolson, a scandalous Minister, hath, by Pretence of his Excellency's Authority, demanded the Parsonage-house and Glebe of Thomas Harrocks, Parson of Stapleford Tawney, in the County of Essex, and usurped the Pulpit there; notwithstanding the said Mr. Harrocks shewed him his Excellency's Declaration to the contrary, yet he kept the Key of the said Church Door: It is Ordered, by the Lords in Parliament assembled, That the said Mr. Harrocks shall forthwith have the Possession of his said House, and the Church, with the Tithes and Glebe Lands, and Corn growing thereupon, belonging to the same, together with all other his Goods, of what Kind soever; and, upon Refusal thereof, this House will see that Treble Damages shall be paid unto him: And it is further Ordered, That the Sheriff and Justices of Peace of the said County are hereby authorized and required to see this Order put in Execution accordingly.
Ward to Walkeraine;
Whereas Doctor Gorsuch, being sequestered by Order of Parliament, hath violently seized upon the Corn of Nathaniell Ward, of Walkeraine, in the County of Hertford, growing on the Glebe there, amounting to a considerable Value, and hath arrested the said Mr. Ward, upon an Action of a Thousand Pounds: It is Ordered, &c. That the said Mr. Ward shall forthwith have the quiet Possession of the said Glebe, and all the Corn belonging to the same, together with all his Tithes of the said Parish: And further, That the said Action shall forthwith be stayed, and no further proceeded in, until the Pleasure of this House be farther signified: And for that Corn that hath been reaped, mowen, and carried away, by the Workmen employed by the said Doctor, as it shall appear upon good Evidence to this House, he shall pay unto the said Mr. Ward Treble the Value: And it is further Ordered, That the Sheriff and Justices of the Peace of the said County are hereby authorized and required to see this Order put in Execution accordingly.
and Spinkes to Castor.
Whereas Doctor Towers, late Bishop of Peterborough, being deprived by Ordinance of Parliament, commanded, on the Third of July last, both by himself and his Man, that the Parishioners of Castor, in the County of North'ton, should pay no Tithes unto Edmond Spinkes the Minister there, presented to the said Parsonage by the Parliament, under the Great Seal of England: It is Ordered, That the said Mr. Spinkes shall peaceably and quietly keep, possess, and enjoy, the said Parsonage, with all the Tithes, Glebe, Profits, Rights, and Advantages, thereunto belonging; and that the Parishioners and all others shall, from Time to Time hereafter, pay unto the said Mr. Spinkes, and his Assigns, all Tithes and other his Dues belonging to the said Parsonage; and that all Arrears and other his Goods detained shall be forthwith restored unto him; and in case any shall refuse so to do, this House will see that he be fully righted in the Premises, according to the Treble Value: And it is further Ordered, That the Sheriff and Justices of the Peace of the said County are hereby authorized and required to see this Order put in Execution accordingly.
Sir J. Thimbleby, a Pass.
(fn. 5) "Two Letters from his Excellency Sir Thomas Fairfax, to the Right Honourable the House of Peers; with a Letter from the House of Peers to his Excellency, giving him Thanks for his constant Care of the Safety of the Kingdom; also a Remonstrance of his Excellency, and the Army under his Command; together with an Ordinance of both Houses of Parliament, declaring all Votes, Orders, and Ordinances, passed in One or both Houses, from the 26 of July, until the 6 of this present August, 1647, to be null and void.
Letter from Sir T. Fairfax, that some Delinquent Ministers had forged a Declaration in his Name, and took Prossession of Livings by it, from Ministers put in by the Houses.
"Having received several Complaints against divers Delinquent Ministers, who have abused myself and the Council of War, by publishing a false Pamphlet, in the Name of the Army, whereby many Ministers settled by Ordinance of Parliament have been disquieted, molested, and turned out of Possession of their Houses by Force and Arms, and having also their Goods possessed and spoiled, some taking the Corn growing upon the Glebe; and this Practice of theirs having greatly disturbed the Peace of the Kingdom, and may be a great Inconvenience if not timely prevented: I do therefore humbly desire, that your Lordship will be pleased to present the Petition and Papers inclosed (of those Ministers who have been thus injured) unto the Right Honourable the House of Peers, that their Conditions may be taken into Consideration speedily, for Reparation; and that these principal Offenders may be questioned for their said Miscarriages, that other may be deterred thereby for the future from the like Practices.
Letter form him, with the following Remonstrance.
"The tender and deep Sense which myself and this Army have, of the Difficulties and Dangers which your Lordship, together with those Right Honourable Lords, and faithful and worthy Members of the House of Commons, lately driven away to the Army, as also ourselves, and all others that love the Peace of the Kingdom and Freedom of Parliament (notwithstanding the late just and honourable Resolutions, Proceedings, and Endeavours, of the Right Honourable House of Peers), do still lie under, hath produced this Remonstance from us (whereof I have here sent your Lordships a Copy), and those Considerations and Resolutions therein expressed; which, as they are (in the present Case) most necessary for your Lordships and ours and the Kingdom's Safety, Quiet, and Welfare, so (we hope) they will appear just and honest, and accordingly be accepted and approved by your Lordships, as proceeding from the hearty Affections and sincere Intentions of your Lordships and the Kingdom's Servants here, and especially of
"A Remonstrance from his Excellency, Sir Thomas Fairfax and the Army under his Command, concerning their just and clear Proceedings hitherto, in the Behalf of the Parliament, Kingdom, and themselves; and the evil and treacherous Dealing they have found from the Enemies to their own and the Parliament's and Kingdom's Peace and Freedom; together with their present Difficulties and Dangers in relation thereunto, and their present Resolutions thereupon; with the Grounds of all these.
Remonstrarce from Sir T. Fairfax and the Army, to vindicate their Proceedings;— desiring Justice on the Authors of the lare Violence offered to the Houses;—and insisting that the Members of both Houses who sat at Westm'r while the Speakers, &c.were with the Army, shall not be permitted to sit again till they have cleared themselves.
"When (by the Blessing of God upon the Endeavours of this Army, and other Forces of the Parliament) the adverse Forces and Garrisons within this Kingdom were dissipated and reduced, a present Quiet and Freedom of Trade and all Commerce and Business restored to all Parts of the Kingdom, and a hopeful Way made for settling of a sound and lasting Peace, on good Terms, for the Interest of the Kingdom; instead of the hoped Fruit of our Labours and Hazards, and of the Kingdom's vast Expence (in the dispensing of Justice and Righteousness, and the settling and upholding of Common Right and Freedom to the Subjects of this Nation), we found immediately the cross Workings of a strong and prevalent Party in the Parliament and Kingdom, who (walking under the Mask of the Parliament's Friends, but being in Truth Men of corrupt and private Ends and Interests, different from, and destructive to, the real and common Interest of the Kingdom) made Use of their Power to obstruct and pervert Justice; to injure, oppress, and crush, the peaceable and well-affected People of the Kingdom; to abridge and overthrow all just Freedom and Liberty, and drive on Designs to set up a Party and Faction in the Parliament and Kingdom, and (by the Advantage of a perpetual Parliament) to domineer and inslave the Kingdom 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 only to make up and establish their own Greatness, and the affected Domination of themselves and their Party over all others.
"To all which Ends (as, before this Parliament,) the ignominious Names of Puritan and Nonconformist, and the specious Pretences for settling 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 Kingdom, and towards the advancing at once both of an Ecclesiastical and Civil Tyranny; so this Generation of Men, in the Application of the Parliament's Power, (succeeding the former in the Exercise of the King's,) 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 Kingdom, hath appeared; and have held forth the Pretences of Reformation and Uniformity, to colour and countenance their Designs of setting up their own irreligious or pharisaical and dominering Faction, to the Oppression of all other People; and herein they have had a great Advantage to further their aforesaid Design, by reason of the Jealousies which many conscientious Men of the Presbyterian Judgement have entertained concerning this Army, and concerning divers other eminent and worthy Instruments of the Kingdom's Good (being in Places of Public Trust and Power), (fn. 6) who were supposed to be of the Independent Way.
"In Pursuance of their aforesaid Design, they endeavoured, 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 Public Trust the most sober and conscientious Men, and such as had approved themselves faithful to the Public Interest throughout all the late Troubles; and to put in debauched and dissolute Men, or such as would for Advantage serve their private Interests; and for that End (in Cases where they could not otherwise prevail) procured such Garrisons to be slighted, and such Power to be re-called (though more necessary to have been continued), which they found in the Hands of Persons of the former Sort; and such to be continued (though less necessary) as they found in the Hands of the latter: And, the better to strengthen themselves in their Designs, closing with a very powerful Party in the City of London, they first with much Activity endeavoured, and prevailed, to new-model the Common Council, and form the same to their own Party; and then stirred them up to petition (amongst other things concurrent to their Ends) for the Alteration of the City Militia, who, by their continual, violent, and pressing Importunity at the Parliament's Doors, wrung from the Parliament an Ordinance for that Purpose, whereby they procured the Power of that Militia (the special Influence whereof upon the City and Kingdom, and upon the Parliament itself (being the only Guard they had for their safe Sitting) is evident to all Men) to be taken out of those Hands in which it had been continued, without Prejudice, and with great and known Security and Advantage, both to the Parliament, City, and Kingdom, throughout the late Troubles; and this without any Exception, either then or since made against them; and to be put into the Hands of such others as were (at best) of doubtful Affections to the Interest of the Parliament and Kingdom, but indeed Men given up and engaged to the private Interests and Designs 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 Turns) they made it their main Work to disband or break it in Pieces, even before the Relief of Ireland was provided for, or the Peace of this Kingdom settled. And though all this went under the Pretence of easing the present Burthens of the Kingdom, yet at the same Time they designed and went about to put the Kingdom to the Expence and Trouble of raising and forming a new Force (under Pretence as for the Service of Ireland); but evidently designed, and so framed, as to serve their own Ends and Purposes aforesaid in England: And (being many of them filled and acted with Personal Envy, and others with Malignity of Principles and Interest against this Army, and the Work of God by it) it would not serve their Turns to break 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 Endeavours were not only to put it off without the Honour or Satisfaction due to it for the Service it had done, but to disband it on such Terms as to subject and expose all (and even the most faithful) Servants of the Parliament and Kingdom, both in the Army and elsewhere, unto Oppression or Undoing, or to the Mercy of their own and such other Mens malicious and envenomed Spirits, which could promise no better. For the more full and particular Demonstration of all which, we refer all knowing Men to the Practices and Proceedings against this Army, unto the Times (by their Procurement) appointed for the Disbanding of it in several Parts, without just and equal 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, express in general what Things we desired (besides our Concernments as Soldiers) to see done or provided for, before our Disbanding, for settling the Peace of the Kingdom, and securing the common Rights and Liberties thereof, which we were called out to defend and vindicate, and had so long fought for: And having (therewithal) impeached several Members of the House of Commons, for their unjust Practices and Designs, to such Purposes as are before expressed, and for endeavouring, in Prosecution thereof, to engage this Kingdom in a new War, we added some farther Desires for Prevention of that Mischief of a new War to the Kingdom, and for our own present Security from immediate Ruin, 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 obtain the rest, and especially not that which we hold most just, equal, and necessary, videlicet, the positive Suspension of those impeached Members from sitting in the House as Judges in their own Cause, and from their Power in Committees, whereby they had the Advantage to raise War against us, and to make new Disturbances in the Kingdom; yet, the said impeached Members pretending to withdraw themselves from the Parliament until their Causes shall be heard and tried, and the House giving Consent thereunto, we, out of our Tenderness to Parliament Privileges, and our earnest Desires to yield all Observance to the Parliament, and Satisfaction to the City (who pretended a full Concurrence with us in our declared Desires for settling the Peace and Liberties of the Kingdom), did, at the Parliament's Command, and the City's Request, withdraw the Army to the desired Distance from Lon don, and dispersed 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 prosecute more particular Charges against the said impeached Members, which within a few Days after were accordingly sent up to the House; and the said impeached Members (having put in a dilatory Answer thereto, with a Plea and Demurrer to divers Particulars therein) pretended that (to avoid any Disturbance or Interruption to the present Proceedings for settling the Public Affairs by the Interposal of their Private Cause) they desired Leave and Passes to travel for some Months, which accordingly the Speaker of the House of Commons was ordered or authorized to give them; and we (presuming on the House's Caution for their forth-coming, to be tried, when the Affairs of the Kingdom were settled, which, upon their First Motion of Withdrawing, we had insisted on) did not gainsay; and thereupon we proceeded, in a quiet and hopeful Way, to prepare more particular Proposals, in Pursuance of our former general Desires, for the present settling of the Peace of the Kingdom, to be tendered to the Commissioners of Parliament residing with the Army for that Purpose: But sinding that, while we were thus peaceably proceeding, the said impeached Members (notwithstanding their pretended Desires to travel) did continue in and about London, very active and busy to raise War, or make Disturbances in the Kingdom; 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 continual Jealousies and Disturbances to our said Proceedings bred in the Army, by the daily Reports and Alarums thereof from the City; we made a particular Address to the Parliament, for the restoring of the City Militia into those Hands in which it was before the Ordinance of the Fourth of May last: For the Reasonableness of our Desires therein (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 or prejudiced 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 whose Hands 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 rise and hurtful (as they might occasion no less Distraction or Interruption to any quiet Settlement or Proceedings thereunto, than 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, than 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 to 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 Ease to the Country; and, upon a Recommendation of the Business of Ireland from the Parliament, we had, in less than a Week's Space, prepared and ordered a considerable Force (no less than Four Thousand Horse and Foot, as Sir Joh. Temple (employed from the Parliament about that Business to us) can testify), for a present Relief thereunto: But the restless and treacherous Malice of the Enemies to our and the Kingdom's 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 entered 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 public 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 Council-men, in the Name of the City of London, for the re-calling 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 re-call 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 Votes, concerning the King's coming to London, &c. as they the said Rioters did please; neither the Guard from the City that then attended the Houses, nor the Lord Mayor, 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 slie 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 Kingdom's Peace, and with the Authors and Abettors 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 lest 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 Speaker, did proceed to vote and act as a Parliament, 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 public.
"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 Five Lords of the same Model (for the 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 join with that same pretended Committee of the City Militia, whose Power was obtained only 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 levying of a new War within this Kingdom; upon which, many Forces both of Horse and Foot were actually levied, 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 Honour and Freedom, and the Advance there 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 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 Mayor, Aldermen, and Common Council, 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 alledged to be in great Danger (when as indeed none were in Danger, but only the Authors, Actors, and Abettors of the traiterous 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, videlicet, ["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 echo the same Note: Concerning which Matter (not to examine what Alteration of the Case, since both Houses and both Kingdoms also (of England and 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 public Ends for which so much Blood and Treasure had been spent"); we shall only say thus much to those 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 Ruins of that Public Interest contended for in the former, and of all those that had with most Candour, Clearness, and Simplicity of Heart, appeared and acted for the same), than any Way to settle thereby a safe and well-grounded Peace: And since they could not rationally expect so easy an obtaining of the King's Person to London, upon such a pretended Vote or Declaration of their Desire 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 engage or incline to their Assistance the King's Party, and such others who might be catched with the Apprehension thereof as a speedy Way to Peace (the Thing so generally longed for); and, by such Assistance gained, the better to ruin this Army, and those faithful Members of Parliament who were retired to it. For our Parts, we shall rejoice 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 found 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 Shipwreck of the Public Interest) be shaped and moulded only to the private Advantages of a particular Party or Faction, but bottomed chiesly on Grounds of common and Public 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 (which 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 Majesty's so-much desired coming to London might have been much to their Prejudice, and our Advantage and Security, if we had regarded only our own Particulars: But (as at present our Consciences bear clear Witness to ourselves, 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 Kingdom's, and every honest Man's 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 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 Honour 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, Reformadoes, and others about the City, who were the chief Actors in the said Engagement and Tumult, were afterwards most trusted and employed, 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 whose Series of our own and our Enemies Actions and Carriages (compared together), it may appear how tender we have been, not only of the Authority and just Privileges of Parliament, and of the Safety, Peace, and Welfare, both of the Kingdom and the City, but even towards those our Enemies themselves (seeking only Things necessary for the common Good of the Whole, and that, if possible, without Ruin 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 Ruin and the Kingdom's Disturbance; and also what just Grounds for our late Advance to London, the good Service whereof, (especially) in restoring the Parliament to a Condition of Safety, Honour, and Freedom thereby, hath been (without any Seeking of ours) acknowledged by both Houses, with Thanks to us and Public Thanksgiving to Almighty God for it; and a further Trust hath been thereupon committed to the General, for taking Care with his Army to safeguard the Parliament.
"The Houses being thus restored to a Condition of present Safety, Honour, and Freedom, Two Things seem clearly remaining to be done (which our own and most Mens Expectations are most set upon); videlicet, First, to vindicate the Honour, 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 are 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 Justice 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, and the Power of the City Militia thereby gained, and the succeeding Votes and Orders of the pretended Houses (but indeed of that Faction that are our professed Enemies), in Maintenance and Prosecution thereof, and the Forces thereupon levied (put under the Command of Major General Massey and others our professed Adversaries), were all designed and directed to the Ruin, and Destruction of this Army, and the Raising of a new War against us in this Kingdom.
"And having had such Experience of their restless Malice and cruel Intentions towards us (notwithstanding our Tenderness and Lenity towards them), and of their treacherous Dealing (so soon as they thought they had the Advantage), notwithstanding all their Semblances of Compliance to a Composure; what Reason is there to expect, but that, if by our Patience and Delays they apprehend in future the like or other Advantage, they will break out again into the like or worse Attempts of Violence and War, 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, whilst (though our Desires and Resolutions to that Purpose, expressed 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 die with us therein; and though, in Pursuance thereof, the Right Honourable House of Peers have, since their Restiution, 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 tumultuous Violence, and to give their more authentic Approbation to our said Declaration made in Behalf of the said Speakers and Members while they were with the Army, and in Behalf of the Honour and Freedom 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 only not concurred with the Lords in any of those Things, but rather seem to have cast them aside: And upon the Question concerning those very Votes of the said 26 of July, to which the Houses 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 Ways very sad, this poor Kingdom, and more than we can recount), and by all subsequent Proceedings in that House in relation to the whole Business, we clearly find, 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 aforementioned, 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 Parliament's Army, in its Advance to London, for the Restitution of the Parliament to its Honour and Freedom, being conscious of their own Guilt and Danger thereby, yet, presuming on their Interest in the House, and the Patience and Lenity of this Army, do continue, and intrude themselves, and to sit and vote there; and, by their present Interest in the House, do use their utmost Endeavours, and very much prevail, to obstruct and avoid the bringing of any to Justice who have acted under their pretended Authority (knowing it to be their own Case and Concernment in Point of Impunity, as well as conducing 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 until they be repealed (as if passed in a free and legal Parliament): In which Point, and all Questions touching upon it, we find they presume upon, and are strengthened by, the Concurrence of divers other Members, who, having (perhaps with harmless Intentions) continued to sit with them during the Speaker's Absence as aforesaid (though they consented not to any of their mischievous Votes and Orders, or treasonable Proceedings aforementioned), may yet fear themselves to be involved in the same Case and Danger, by having sat 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 partial 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 evil Ends aforementioned; we find an absolute Obstruction to the bringing to Justice or questioning of any who have acted in the late levying of War against us, and against the Vindication of the Parliament's Freedom, or in the said treasonable Engagements, yea, or in Abetment of the tumultous Violence upon the Parliament itself: Neither can we find or hear of any One Person hitherto brought to Justice or Question for any of these Things; but all seem 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 appear) equally guilty of, and others in some Kind obnoxious for, the same Things.
"And thus not only our just Expectations of Vindication to the Parliament, and Security to ourselves and the Kingdom from the like treasonable and turbulent Practices in future (by exemplary Justice for what hath been so done), are frustrated; but even the Safety and Immunity of the Speakers, and those faithful 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 Freedom (which hath been acknowledged with Public Thanksgiving to God for it as aforesaid), is subjected and exposed to Question (wherein theirs and ours and the Kingdom's Enemies obtrude themthemselves to be the Judges); for, if those pretended Votes, Orders, and Ordinances, whereby War was levied against them and us, were then 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 remain Transgressors still; and yet God and we are thanked for it. [What a Mock is this to God and Man!]
"But to return to the more serious Consideration of our Case, in relation to the Security of the Parliament, Kingdom, and ourselves, against the like turbulent and treasonable Practices in future: Since, by the Means aforesaid, no Security by exemplary Justice can at present be had (to deter any from the like), we with all Men to consider what Straights we are in this Case put upon: That which is the main Work of the Kingdom, and which we most earnestly thirst for and attend upon (videlicet, the settling of a Peace, and Consideration of our Proposals in order thereunto), will ask Time to bring it to an Issue; and, that done, the relieving or remedying of the pressing Grievances of the Kingdom will take up and require the Sitting of the Parliament for some further Time (though, upon the settling of a Peace, a Period be set for the certain 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 bear it; and (we doubt) Foreign Forces (that are already upon the Wing), and turbulent Spirits that in several Parts of the Kingdom are beginning Insurrections, (if we continue fixed here) will have such Opportunity, and take such Encouragement 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 return upon the Parliament, and the like or worse Practices of raising a new War be revived (with more Advantage to our Enemies, more Danger to us and the Kingdom, and less Hopes of appeasing it so easily and happily as the former); when 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 Encouragement of that Impunity and Protection (yea rather that Justification) which they have hitherto found from within the Parliament itself, in the past Practices aforementioned, though as grossly 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 Practices; what Hopes of Justice, or of a timely Dispatch therein, can we have, while such a prevailing Party of new (fn. 7) 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 justify the Offenders 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 Privileges of Parliament; yet) finding the Root of these and other Difficulties to the Parliament, Kingdom, and ourselves, to lye in this; videlicet, [That those Members of the House of Commons, who (during the forced Absence of the Speakers of both Houses), continuing to sit and act as a Parliament, did procure and consent to the pretended Votes, Orders, and Ordinances aforementioned, for levying of War (as is before demonstrated), in direct Prosecution or Maintenance of the aforesaid treasonable Engagement, and the Violence done to the Parliament, and for the opposing, resisting, and destroying, of this the Parliament's Army in its Advance towards London (only to restore the Speakers and Members of both Houses that were driven away, and the Houses themselves, to their Honour and Freedom), 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 Practices, become Parties to the same, do yet take the Boldness to sit and vote in Parliament, especially in the House of Commons;] (we say,) finding the main Root of our Difficulties and Dangers lying in this; first, we appeal to all Men, Whether it be just or tolerable, that any Privilege of Parliament should (contrary to the Law of Nature) make a Man Judge in his own Case and Concernment: And we wish those Men themselves to consider (if we had come to an Engagement with the Forces raised by virtue of their pretended Votes and Ordinances, and that Thousands had been slain, and we had made our Way by the Sword) whether they would then have expected to have sat as Judges upon us therein; and we are sure it is no Thanks to them that it hath been otherwise. And had we found those Members in Arms against us, and subdued and taken them, whether had they not then been in the Condition of Prisoners of War; and (if so) then, having put Arms 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 (contrarywise) we should suffer, either that those whom by the Course of War (which they had chose to engage 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, endeavour to have been our Executioners, should (now we have by Force took 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 Justness of the Cause and the Necessity of the Thing, for the Safety of the Parliament, Kingdom, 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 Kingdom, 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 Supreme 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), did sit and vote in the pretended Houses then continuing at Westminster, (fn. 8) shall hereafter intrude themselves to sit in Parliament, before they shall have given Satisfaction to the respective Houses whereof they are, concerning the Grounds of their said Sitting at Westminster 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 levying of a War (as is before declared, or for the King's coming forthwith to London), we cannot any longer suffer the same; but shall do that Right to the Speakers and Members of both Houses who were driven away to us, and to ourselves with them (all whom the said other Members have endeavoured in an hostile Manner most unjustly to destroy), and also to the Kingdom (which they endeavoured to embroil in a new War), as to take some speedy and effectual Course, whereby to restrain them from being their own and ours and the Kingdom's Judges, in those Things wherein they have made themselves Parties, by this Means to make War; that both they and others that are guilty of and Parties to the aforesaid treasonable and destructive Practices and Proceedings, against the Freedom of Parliament and Peace of the Kingdom, may be brought to condign Punishment; (and that) at the Judgement of a Free Parliament consisting (duly and properly) of such Members of both Houses respectively who stand clear from such apparent and treasonable Breach of their Trust as is before expressed.
Letter to Sir Fairfax, approving of this Remonstrance; and thanking him for his Care of the Parliament.
(fn. 9) "For the Honourable Sir Thomas Fairfax Knight, General of the Forces raised by the Parliament for the Safety of the Kingdom.
"The Lords in Parliament, having received a Letter and Remonstrance from you, have commanded me, in their Names, to let you know, that they do approve of the said Remonstrance, and return you Thanks for the Continuance of your Care for the preserving the Honour and Freedom of the Parliament; and likewise have received another Letter, by which you do recommend to them the Condition of divers Ministers settled by Ordinance of Parliament, who have been disquieted and molested, and turned out of Possession of their Houses by Force, through the Practices of divers Delinquent Ministers. They do fully approve of your Care; for the Vindication of yourself and the Army under your Command; and have commanded me to assure you, that they will speedily take such a Course, for the questioning of those principal Offenders whose Names they are certified of, and for the punishing of their said Miscarriages, as that others may be deterred thereby for the future from the like Practices. This is all I have in Command, as
"An Ordinance for declaring all Votes, Orders, and Ordinances, passed in One or both Houses, since the Force on both Houses, July 26, until the Sixth of this present August, 1647, to be null and void.
Ordinance to annul the Proceedings of the Houses, while the Speakers, &c. were with the Army.
"Whereas there was a visible, horrid, insolent, and actual Force upon the Houses of Parliament, on Monday the 26 of July last, whereupon the Speakers, and many Members of both Houses of Parliament, were forced to absent themselves from the Service of the Parliament; and whereas those Members of the Houses could not return to sit in Safety, before Friday the Sixth of August: It is therefore De clared, by the Lords and Commons in Parliament assembled, That the Ordinance of Monday the said 26 of July, for the revoking and making void of the Ordinance of the 23 of the said July, for the settling of the Militia of the City of London, being gained by Force and Violence, and all Votes, Orders, Ordinances, passed in either or both Houses of Parliament, since the said Ordinance of the 26 of July, to the said Sixth of August, are null and void, and were so at the making thereof, and are hereby declared so to be, the Parliament being under a Force, and not free: Provided always, and be it Ordained, That no Person or Persons shall be impeached or punished, for his or their Actings by, or upon, or according to, the aforesaid Votes, Orders, or Ordinances, unless he or they shall be found guilty of contriving, acting, or abetting, the aforesaid visible and actual Force; or, being present at, or knowing of, the said Force, did afterwards act upon the Votes so forced; or were guilty of entering into, or promoting, the late Engagement for bringing the King to the City, upon the Terms and Conditions expressed in His Majesty's Letter of the Twelfth of May last.
L. Viscount Say & Seale.
Ds. La Warr.
Seymour to be instituted to Iwern Courtney.
Ordered, That Doctor Heath shall give Institution and Induction unto Wm. Seymour Clerk, Master of Arts, to the Rectory of Iwerne Courtney, alias Shoton, with the Chapel of Farindon, in the County of Dorsett, void by the Death of John Eastmond Clerk, the late Incumbent; salvo Jure cujuscunque; he taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of Denzill Holles Esquire, Patron.
Col. Booker protected, in Vicars's Suit against him.
Whereas Lieutenant Colonel John Booker was arrested, on the 5th of August Instant, at the Suit of James. Viccars, and by his Procurement, contrary to an Order of this House, of the 23th of June, 1646; he having great Arrears due unto him for his Service done to the State, and was constrained to procure Bail before he could be enlarged:
It is Ordered, &c. That the Privilege of this House, granted him as aforesaid, is hereby ratified and confirmed; and that his said Bail are hereby discharged, and all the Proceedings upon the said Action shall forthwith be stayed, so that he the said Colonel Booker make an Assignment of so much of his said Arrears unto the said Viccars as will fully satisfy the said Debt: And herein Obedience is to be given by all Persons any Way concerned, as the contrary will be answered to this House.
Sir Jervais Elwis, and L. Conway.
It is Ordered, That the said Lord Conwey shall have a Sight of the said Petition, who is to return his Answer thereunto in Writing within a Fortnight next after Sight thereof, that such further Directions may be given therein as shall be meet.
Message to the H. C. with an Ordinance to annul all Proceedings while the Speakers, &c. were with the Army.
To desire Concurrence in an Ordinance, declaring all Votes, Orders, and Ordinances, passed in One or both Houses, from the 26th July until the Sixth of this present August, to be null and void; read the First and Second Time.
The said Ordinance for making null and void all Votes, Orders, and Ordinances, in the Time of the Absence of the Speakers, was read the Third Time, and Agreed to, and Ordered to be printed and published. (Here enter it.) (fn. 10)
Dr. Wilson to be attached, for seizing on the Tithes of Fulburne, though sequestered from it.
Upon Information, "That Dr. Wilson, being sequestered from the Parsonage of Fulburne, in the County of Cambridge, hath violently seized on the Corn and Goods of the Minister that is put in by Authority of Parliament, and violently keeps the House from him:"