DIE Veneris, 20 die Augusti.
PRAYERS, by Mr. Sallawey.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
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Comes Kent. Comes Pembrooke. Comes Denbigh. Comes Nottingham. L. Viscount Say & Seale. |
Ds. Mountagu. Ds. Howard. Ds. La Warr. Ds. Grey. Ds. Wharton. |
Ld. Mountague thanked for his Attendance on the King.
The Lord Mountague had Thanks given him, by the
House, for his Pains and Faithfulness in attending the
King; and is desired to continue his further Attendance
for a while.
Allowance for the King's Privy Purse.
Upon Report made from the Committee of the Revenue, "That they think it fit that the King have some
Money paid into His Privy Purse:"
This House thought it fit that Fifty Pounds a Week
be allowed to the King's Privy Purse.
Letter, &c. from Sir T. Fairfax.
A Letter from Sir Thomas Fairfax, with Petitions inclosed from Ministers, were read. (Here enter them.)
Towers, Cotton, Nicholson, &c. sent for, for dispossessing Ministers of their Livings.
Ordered, That Sir Thomas Fairfax shall have
Thanks returned him, for this Letter; and that it be
published and printed.
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. *) 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:
A Letter from Sir Thomas Fairfax, with a Declaration, was read. (Here enter them.)
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;
A Message was brought from the House of Commons,
by Sir Rob't Pye, &c.
To desire Concurrence in these Particulars:
1. An Order concerning Billers. (Here enter it.)
Agreed to.
2. An Order concerning Dartmouth Castle.
(Here enter it.)
3. To desire their Lordships would please to sit this
Afternoon, if it may stand with their Lordships Conveniency.
Ordered, To sit at Three a Clock this Afternoon.
The Answer returned was:
Answer.
That this House agrees to the Two Orders now
brought up; and that this House will sit this Afternoon,
at Three of the Clock.
Captain Plunket's Order.
The Order concerning Captain Plunkett, was read,
and Agreed to. (Here enter it.)
Hardwick—and Lawrence and Sowton.
Upon reading the Petition of Colonel John Hardwicke:
It is Ordered, That Richard Laurance and Colonel
Sowton shall be summoned to appear before this House
To-morrow Morning.
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.
2. An Order for a Day of Thanksgiving for that Victory. (Here enter it.)
Agreed to.
3. An Ordinance for Twenty Thousand Pounds for
Ireland. (Here enter it.)
Agreed to.
The Answer returned was:
Answer.
That this House (fn. *) 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.
"To the Right Honourable the House of Peers.
"The humble Petition of divers Ministers settled
by Order of Parliament;
"Sheweth,
"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.
"And your Petitioners shall ever pray, &c."
"Edmond Spinkes, Minister in North'tonsh'r.
"Na. Ward, Minister of Walkerne, in the County of
Herts.
"Tho. Jenkin, Minister of Northkelworth, in the
County of Leic.
"Tho. Harrocks, Minister of Stapleford Tawney,
Essex."
"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. *) 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.
"Tho. Jenkin,
"Minister of Northkillworth."
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. *) 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.
"Tho. Horrockes,
"Minister of Stapleford Tawney, Essex."
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.
"Na. Ward,
"Minister of Walkerne."
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.
"Edmond Spinckes,
Minister of Castor."
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.
Ordered, That Sir John Thimbleby, with Two Servants, shall be permitted to go into France, and to
return.
(fn. *) "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.
"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers, pro
Tempore.
"My Lord,
"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.
"I have lately set out a Declaration against the said
Pamphlet; but, fearing that may not be effectual, I do
humbly recommend them to your Lordship; and remain
Kingston, 19 Aug. 1647.
"Your Lordship's
Most humble Servant,
T. Fairfax."
Letter form him, with the following Remonstrance.
"For the Right Honourable Edward Earl of
Manchester, Speaker of the House of Peers
pro Tempore.
"My Lord,
"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
Kingston, Aug. 19, 1647.
"Your Lordship's
Most humble Servant,
T. Fairfax."
"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. *) 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. *) 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. *) 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.
"By the Appointment of his Excellency and the General Council of
his Army.
"Signed,
Jo. Rushworth, Secretary.
"At the Head Quarter of Kingston.
"August 18, 1647."
Letter to Sir Fairfax, approving of this Remonstrance; and thanking him for his Care of the Parliament.
(fn. *) "For the Honourable Sir Thomas Fairfax Knight,
General of the Forces raised by the Parliament for the Safety of the Kingdom.
"SIR,
"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
"Your Friend and Servant,
Westminst. 20 August, 1647.
"Manchester,
"Speaker of the House of Peers pro Tempore."
"Die Veneris, 20 Aug. 1647.
"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.
"John Browne, Cler. Parliamentorum.
"Die Veneris, 20 Aug. 1647.
"Ordered, by the Lords in Parliament assembled,
That this House approves of this Remonstrance;
and that the same, with the Letters, be forthwith
printed and published.
"J. Brown, Cler. Parl."
Post Meridiem.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
|
Comes Kent. Comes Pembrooke. Comes Nottingham. L. Viscount Say & Seale. |
Ds. La Warr. Ds. Howard. Ds. Wharton. |
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.
Upon the Petition of Sir Jervays Elwis Knight, read
this Day in the House, wherein the Lord Viscount
Conwey is concerned:
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.
A Letter to Sir Thomas Fairefax, was read, and approved of: (Here enter it.) And Ordered to be
printed, with the General's Letter and Declaration.
Message to the H. C. with an Ordinance to annul all Proceedings while the Speakers, &c. were with the Army.
A Message was brought from the House of Commons, by Sir John Evelin, Major Cromwell, and others:
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 House was adjourned during Pleasure.
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. *)
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:"
It is Ordered, That the said Doctor Wilson shall be
sent for, as a Delinquent, to answer the same.
Adjourn.
Adjourned, 10 Monday Morning next.