A REMONSTRANCE From His Excellency Sir Thomas Fairfax, AND THE ARMIE under his Command: CONCERNING Their just and clear Proceedings hitherto, in the behalfe of the Parliament, Kingdom, & Themselves: AND THE Evill and trecherous dealing they have found from the Enemies to their own, and the Parlia­ments and Kingdomes Peace and Freedome. Together with their present difficulties and dangers in relation thereunto: And their present Resolutions there­upon. With the grounds of all these.

By the appointment of His Excellency, and the generall Councell of his Army.

Signed Jo. Rushworth, Secretarie.

August 21.

London, Printed for J. Harris, Printer to his Excellency Sir Tho Fairfax. 1647.

A REMONSTRANCE From his Excellency Sir Thomas Fairfax, AND THE ARMIE under his Command.

WHen (by the blessing of God upon the indeavours of this Army and o­ther Forces of the Parliament) the adverse Forces & Garrisons with­in this Kingdome were dissipated and reduced, a present quiet and freedom of trade, and all commerce & bussinesse restored to all parts of the Kingdome and an hopefull way made for setling of a sound and lasting peace, on good termes, for the interest of the Kingdome; instead of the hoped fruit of our labours and hazzards, and of the Kingdomes vast ex­pence (in the dispensing of justice and righteous­nesse and the setling and upholding of common right and Freedome to the Subjects of this Nation) we found immediately the crosse workings of a strong and pre­valent [Page 2] Party in the Parliament and Kingdome, who (wal­king under the mask of the Parliaments friends, but being in truth men of corrupt and private ends & interests, dif­ferent from, and destructive to the reall and common in­terest of the Kingdom) made use of their power to ob­struct and pervert justice, to injure, oppresse, and crush the peaceable and well-affected people of the Kingdom, to a­bridge and overthrow all just Freedome and Liberty, & drive on designes to set up a party and faction in the Par­liament and Kingdom, and (by the advantage of a perpe­tuall Parliament) to domineere over, & 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 onely to make up and e­stablish their own greatnesse, and the affected dominati­on of themselves and their partie over all others.

To all which ends (as before this Parliament) the igno­minous names of Puritan & Non-conformist, & the spe­cious pretences for setling 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 & Liber­ties of the Kingdom, and towards the advancing at once, both of an Ecclesistical and civill Tyranny, so,) this gene­ration of men, in the application of the Parliaments pow­er, (succeeding the former in the exercise of the Kings) 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 & power of Religion, or a just sense of the common Inte­rest of the kingdom hath appeared; & have held forth the pretences of Reformation and Uniformity, to colour and counte [...]ance their designes of setting up their own irre­ligious, or Pharisaicall and domineering Faction, to the oppression of all other people: and herein they have had a great advantage to further their aforesaid designs, by rea­son of the jealousies which many cōscientious men of the [Page 3] Presbyterian judgements have entertained concerning this Army, & concerning divers other eminent and worthy in­struments of the Kingdoms good (being in places of publik trust & power) were supposed to be of the independent way

In pursuance of their aforesaid disignes, they indevour­ed, 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 publike trust the most sober and tonscientious men, and such as had ap­proved themselves faithfull to the pub [...]ike interest throughout all the late troubles, and to put in debauched & dissolute men, or such as would for advantage serve their private interests, and for that end (in cases where they [...]ould not otherwise prevail) procured such Garisons to be sleighted, such powers to be recalled, (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 lesse necessary) as they found in the hands of the later: And, the better to strengthen themselves in their Designes, closing with a very powerfull party in the City of London, they first with much activity endea­voured, and prevailed to new-modell the Common Councell and forme the fame to their own Party; and then stirred them up to a Petition (amongst other things concurrent to their ends,) for the alteration of the City­ Militia, who by their continuall violent, and pressing im­portunity at the Parliaments doores, wrung from the Par­liament an Ordinance for that purpose, whereby they pro­cured the power of that Militia, the speciall influence whereof upon the City and Kingdome, and upon the Par­liament it self, being the onely 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 Kingdome, throughout the late troubles, add 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) [Page 4] of doubtfull affections to the interest of the Parliament and Kingdome: but indeed men given up and ingaged to the Private interests and designes 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 pleces, even before the relief of Ireland was provided for, or the peace of this Kingdome setled. And though all this went under the pre [...]ence of easing the present burthens of the Kingdome, yet at the same time they designed and went about to put the Kingdome to the expence and trouble of raising and forming a new force (under pretence, as for the service of Ireland) but evidently designned and so fra [...]ed as to serve their own ends and purposes aforesaid in En­gland: and (being many of them filled and acted with per­sonall [...]nvy, 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 dshonour, injury, oppression, and provocation that they could put upon it. And it was too evident, that their endevour was not onely to put it off without the honour or satisfaction due to it for the service it had done, but to disband it on such termes as to subject and expose all (and even the most faithfull) servants of the Parliament and Kingdome, both in the Army, and else­where, unto oppression or undoing, or to the mercy of their own and such other mens malitious and invenomed spirits which could promise no better. For the more full and particular demonstration of all which we referre all knowing men to the practices and proceedings against this Army, unto the times by their procurement) appointed for the disbanding of it in severall parts, without just and e­quall satisfaction, which have been in part remonstrated in Papers sent from this Army, and published before our co­ming up to S. Albans.

[Page 5]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. expresse in generall what things we desired (besides our concernments as Souldiers) to see done or provided for before our disbanding, for set­ling the peace of the Kingdome, and securing the Com­mon Rights and Liberties thereof, which wee were called out to defend and vindicate, and had so long sought for; and having (therewithall) impeached se­verall Members of the Ho [...]se of Commons for their un­just practises and designes, to such purposes as are before expressed, and for indeavouring in prosecution thereof to engage this Kingdome in a new warre; we added some fur­ther Desires for prevention of that mischief of a new warre to the Kingdome, and for our owne present securitie from immediate ruine, 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 obtaine the rest, and especially, not that which wee hold most just equall, and necessary, viz. The positive suspension of those impeached Members from sitting in the House as Judges in their owne cause, and from their power in Committees, whereby they had the advantage to raise Warre against us, and to make new disturbances, in the Kingdome, yet the said impeached Members pretending to withdraw themselves from the Parliament untill their causes should be heard and tryed and the House giving con­ [...] thereunto we out of our tendernesse to Parliament Priviledges, and our earnest desires to yeeld all observance [...]o the Parliament, and satisfaction to the Citie (who pre­tended a full concurrence with us in ou [...] declare [...] desires [...]or setling the peace and Liberties of the Kingdome) did at the Parliaments command and the Cities request withdraw the Army to the desired distance from London, & dispersed [Page 6] 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 present more particular Charges against the said impeached Members, which within a few dayes after we accordingly sent up to the House: And the said impea­ched Members, (having put in a delatorie answer thereto with a plea and Demurrer to divers particulars therein) pretended that (to avoid any disturbance or interruption to the present proceedings for setling the publique affaires by the interposall of their private cause▪) they desired leave and Passes to travell for some moneths, which accor­dingly the Speaker of the House of Commons was orde­red or authorized to give them, and we (presuming on the Houses caution for their forth-coming to be tried when the affaires of the Kingdome were setled, which upon their first motion of with-drawing we had insisted on,) did not gainsay, and thereupon we proceeded in a quiet and hope­full way to prepare more particular Proposalls in pursuance of our former generall desires, for the present setling of the peace of the Kingdome to be tendred to the Commissi­oners of Parliament residing with the Army for that pur­pose: But finding that while we were thus peaceably pro­ceeding, the said [...]peached Members (notwithstanding their pretended desires to travell) did continue in, and about London, very active and busie to raise warre, or make di­sturbance in the Kingdome. 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 continuall jealousies and disturbances to our said proceedings bred in the Army by the daily reports and alarums thereof from the City, wee made a parti­cular addresse to the Parliament for the restoring of the City-Militia into those hands in which it was be­fore the Ordinance of the fourteenth of May, last; or [Page 7] last: For the reasonableness of our Desires wherein (supposing that we had such cause to insist on some removall of that power out of the hands into which it was then put up (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 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 those hands in which 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 rife and hurt­ful (as they might occasion no less distraction or interruption to any quiet settlement or proceedings thereunto, then reall at­tempts of mischief would) there could be any proposall more reasonable or hopefull to beget a confidence and acquies­cence (as to that point) both in the Parliament, City and Army, then 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 passe an Ordinance for returning of the Militia into those hands, and repealing the Ordinance of the 4. of May, by which it had heen changed as before.

Hereupon, hoping all would quietly succeed to a settlement in this Kingdome, we went on securely to finish our Proposals for 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 Countrey; And upon a Recommendation of the businesse of Ireland from the [Page 8] Parl. we had, in lesse then a weeks space, prepared and orde­red a considerable force (no lesse then 4000. horse and foot, as Sir Thomas Temple employed from the Parliament about that businesse to us can testifie) for a present reliefe there­unto: But the restlesse and treacherous malice of the enemies to our and the Kingdomes peace (taking their supposed ad­vantage of our distance, and dispersed posture (which their faire pretence 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 entred into a mis­chievous and desperate vow and ingagement, tending to the subversion of the freedome of Parliament, and the liberties of this Nation, to the frustrating of those just and publicke ends, for which so much blood and treasure hath been spilt, and spent, in the late Warres, and to the rising of a new Warre against the Parliament and their Army (which said ingagement 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 dayes after (to wit, on Munday, July 26.) there was a Petition brought to the Parliament, by the Sheriffes, and some Aldermen, and Common-coun­cell-men, in the name of the City of London, for the recal­ling 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, inforcing them to recall both the said Declaration of the three and twenty day of July (concer­the 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 Chaire, after the House was adjourned, and the House to passe such further Votes concer­ning the Kings present comming 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, Sheriffes, or any Authority [Page 9] 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 or ten houres.

And the Houses having next day adjourned till Friday, July 30. There were Printed Ticekts 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 and more assuredly made known, by the Declaration of the Speaker of the House of Commons concerning the same.

By this meanes the Speakers of both Houses, together with most of the Lords, and a very great number of the most faith­full 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 freedome discharge their trust to the Kingdome therein, but were forced to fly to their Army for safety, so as there was not, nor could then be, any free meeting or legall proceeding of a Parliament. Notwith­standing which divers Members of both Houses, (who by the carriage and sequell of the businesse, will appeare to be of the same party and confederacy with the aforesaid Enemies to our and the Kingdomes Peace, and with the Authors and Actors both of the said treasonable engagement, and the tumultuous force upon the Parliament.) Taking this opportunity of time, to carry on their designes, when very few were left, but of their own party, did continue to meet in the usuall places in West­minster. And (having under pretence of a necessity for con­tinuing the Parliament, by adjournment, drawne in some few well-minded Members to sit with them, out of a seru­ple least the Parliament should fall for want of adjourn­ment) tooke 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 ap­peare by what they did, whereof we shall for present give a [Page 10] taste in some particulars, hoping that shortly the whose Jour­nall of their proceedings may be made publique.

For, the said Members of the House of Commons (conveen­ing 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 cales; with this pretended House of Commons thus composed, and foure or five Lords of the same Modell (for an 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 joyne with that same pretended Committee of the City Militia, whose power was obtained onely by the tumultuous force and violence aforesaid: To these Committees the most or many of their proceedings referre, and by divers pretended Vot [...]s, Orders and Ordinances, procured in the name of one or both Houses of Parliament, large powers were given to these two Committees for raising of Forces, appointing chief Commanders▪ and other Officers; and other vast, unlimited, or unusuall powers were given them, all tending to the raising and levying of a new Warre within this Kingdome; upon which many forces both of Horse and Foot, were actually le­vyed, and other preparations of Warre 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 vere same ends and interests, and to oppose and hinder the restitution of the Houses of Parliament, to their honour and freedome, and the advance of this their Army for that purpose, being then upon a March. Besides the consideration of the persons into whose hands these powers were committed. It is abundantly evident many other wayes, but especially by that Declaration of the Lord Mayor, Aldermen, and Common­councell of London, which was first, by that pretended Com­mittee of safety, Ordered, and then by the pretended House (without reading a word of it) approved to be published in the Parish Churches, with an exhortation to the people to take [Page 11] up Armes, in maintenance of the ends therein expressed, which (though the pretence 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 onely the Authors, Acters, and Abe [...]tors of the traiterous practises 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 concerning (as in other things, so especially in this) viz▪ To have the King brought up to London without delay, or any nea­rer approach of the Army. And to al these, the succeeding votes of the pretended Houses, for the same thing did speedily e [...]cho the same note: Concerning which matter (not to examin what al [...]eration of the case, since both Houses, and both Kingdomes also (of England and Scotland) resolved, that it was not safe, the King should come to London, until he had given satisfacti­on & security to his people, in relation to those publique ends for which so much blood and treasure had been spent) we shall onely say thus much to these mens intentions and designes in the businesse. 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 warre (upon the ruines of that publique interest contended for in the former, and of all those that had with most candor, clearnesse, and simplicity of heart, appeared and acted for the same) then any way to settle thereby a safe and well grounded Peace. And since they could not rationally expect so easie an obtaining of the Kings 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 Kings party, and such others, who might be catcht with the ap­prehension thereof, as a speedy way to Peace (the thing so gene­rally longed for) and by such assistance gained the better to ru­ine this Army, and those faithful Members of Parliament, who were retired to it. For our parts we shall rejoyce 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 [Page 12] sound termes and grounds, as may render both Him and the Kingdom, safe, quiet, and happy, and shal be as ready as any to bring his Majesty to London, when his being there may be likely to produce (not greater disturbances, but) a Peace indeed. And that such as may not (with the ship-wrack of the publique interest) be shaped and moulded onely to the private advantages of a particular party or Faction. But bottomed chiefly on grounds of common and publique welfare & securi­ty. And if (without regard to these considerations) wee would have brought his Majesty with us to London in our late advance t [...]ither (which our enemies could not hinder or prejudice us in) wee 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 Majesties so much deared comming to London might have been much to their prejudice, and our advan­tage and security, if we had regarded onely our owne par­ticulars.

But (as at present out consciences beare cleare witnesses to our selves, so) wee hope God will in the issue make▪ it cleare to others, that we have not minded, nor been acting our owne worke or interests, but the Kingdomes, and every honest mans in it. Meane while (to returne to our purpose) wee thinke 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 Warre 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 free­dome, and indeed to raise a new warre in the Kingdome against the Parliament and their Army for the destruction thereof. And the same may (yet further) appeare by this [Page 13] that those very Apprentices, Reformadoes and others a­bout the City who were the chiefe actors in the said engage­ment and tumult, were afterwards most trusted and imployed, 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 whole series of our own, and our enemies actions and carriages (compa­red together) it may appeare how tender we have been not onely of the Authority and just priviledges of Parliament, and of the safety, Peace and wel-fare both of the Kingdome and the City, but even towards those our enemies them­sel [...]es (seeking onely things necessary for the common good of the whole (and that if possible) without ruine or hurt to any, and yet how maliciously and unworthily we have that while been dealt withall by those our enemies, and by a factious and Powerfull 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 owne ruine and the Kingdomes 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 freedome, thereby hath been (without any seeking of ours) acknowledged by both Houses with thanks to us, and publique thanksgiving to the Almighty for it: And a further trust hath been thereupon committed to the Gene­rall for taking care with his Army to safe-guard the Parli­ament.

The Houses being thus restored to a condition of present safety, Honour and Freedome: Two things seeme clearly remaining to be done (which our own and most mens expe­ctations are most set upon) viz.

First, to Vindicate the Honour, Freedome, and safety of Parliament from the like affronts and violences in Future, and the Army and Kingdome 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 [Page 14] of the Peace of the Kingdome.

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 heades are published) may be speedily considered and brought to a Resolution. But considering that the debates of them may take up some time ere they be agreed o all hands, and the framing of them into Bils, 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 Kingdome from the like disturbances to the Peace thereof by any farther advantage which the time like to be spent in the setling of Peace, may afford to our watchfull, restlesse, and (we doubt) implacable enemies.

First, therefore to these ends (unlesse it should be thought fit to secure the Parliament by keeping the whole body of the Army, or so great a part thereof, to remaine 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 wel-fare of the City and ease of the parts adjacent, nor the safety of the Kingdome, in respect of the present po­sture of affaires will admit.)

It is absolutely necessary that there be speedy and exem­plary justice done upon (at least) the chiefe 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 Kingdome, since it is apparent by all that hath been said, and by infinite other evidences (too many to recount.) That both the said ingagement and the force done to the Parliament, and the power of the City militia thereby gained, & 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 [Page 15] Forces thereupon leavyed (put under the Command of Major Generall Massey, and others our professed adversa­ries) were all designed and directed to the ruine and de­struction of this Army, and the raising of a new Warre against us in this Kingdome. And having had such expe­rience of their restlesse malice and cruel intentions towards us, (notwithstanding our tendernesse and lenity towards them) and of their treacherous dealing (so soone as they thought they had the advantage) notwithstanding all their semblances of complyance to a composure. What reason is there to expect, but that by our patience and de­layes, they apprehend in future the like or other advan­tage, they will breake out againe into the like or worse at­tempts of violence and Warre, 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, whi­lest, (though our desires and resolutions to that purpose, ex­prest 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 Peeres, have since their restitution, 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 authentique approbation to our said Declaration, made in behalf of the said Speakers and Members, while they were with the Ar­my: and in behalfe of the honour and freedome 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 onely not concurred with the Lords in any of those things, but rather seeme to have cast them aside. And upon the Question concerning those very Votes of the said 26th of July. To which the Houses [Page 16] were by the said violence inforced [whether they should b [...] declare [...] Null and void] it was carried in the Negative, That the Question should not be put, by the consequences whereof, (which are many wayes very sad, this poor King­dom, and more then we can recompt) and by all subsequent proceedings in that House, in relation to the whole busines, we clearly finde, 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 leavying 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 Parliaments Army in its advance to London, for the restitu­tion of the Parliament to its honour and freedome, 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 doe continue and intrude themselves, and to sit and vote there, and by their present interest in the House doe use their utmost endeavours, and very much prevaile to obstruct and avoid the bringing of any to Ju­stice, who have acted under their pretended Authority, (knowing it to be their owne case and concernment in point of impunity, as well as conducency 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 26th, to be good and valid untill they be repealed (as if past in a free and legall Parliament;) in which Point, and all Questions touching upon it, we finde they presume upon, and are strengthened by the concur­rence of divers other Members, who having (perhaps with harmlesse intentions) continued to sit with them during [Page 17] the Speakers absence, as aforesaid (though they consented not to any of their mischievous Votes and Orders, or trea­sonable proceedings afore mentioned) may yet feare them­selves to be involved in the same case and danger by having sate 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 partiall 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 evill ends aforementio­ned, we find an absolute obstruction to the bringing to Ju­stice, or questioning of any) who have acted in the late leavying of War against us, and against the Vindication of the Parliaments freedome, or in the said treasonable en­gagements, yea, or in abetment of the tumultuous violence upon the Parliament it selfe; neither can we find or heare 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 appeare) equally guilty of, and (others) in some kind obnoxious for the same things; and thus not onely our just expectations of vindication to the Parliament, and security to our selves and the Kingdome from the like treasonable and turbulent practises in future, (by exemplary justice for what hath been so done) are frustrated, but even the safety and immunity of the Speak­ers, and those faithfull 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 Free­dome (which hath been acknowledged, with publique Thanksgiving to God for it, as aforesaid) is subjected and exposed to question (where in theirs and ours, and the Kingdomes enemies, obtrude themselves to be the Judges [...]) for if those pretended Votes, Orders and Ordinances, whereby Warre was leavied against them and us were then [Page 18] 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 re­maine transgressors still, and yet God and we are thanked for it [what a mock is this to God and man.]

But to returne to the more serious consideration of our case, in relation to the security of the Parliament, Kingdom and our selves, against the like turbulent and treasonable practises in future, since by the meanes aforesaid no secu­rity by exemplary Justice can at present be had, (to deterre any from the like) we wish all men to consider what straights we are in this case put upon; (That which is the maine worke of the Kingdome, and which we most ear­nestly thirst for, and attend upon, (viz. the setling 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 Kingdome, will take up and require the sitting of the Par­liament for some further time (though upon the setling 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 beare it, and (we doubt) forreigne Forces (that are alre [...] ­dy upon the wing) and turbulent spirits, that in severall parts of the Kingdome, 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 returne upon the Parliament; and the like or worse pacti­ses of raising a new Warre, be revived, (with more advan­tage to our enemies, more danger to us and the Kingdom, and lesse hopes of appeasing it, so easily and happily as the [Page 19] former) while the same viol [...] and factious spirits, both in the Parliament and else where shall continue in the sam [...] power and opportunities as for [...] [...], and both they, and all others, shall have before their eyes the incouragemen [...] of that impunity and protection (yea rather that justifica­tion) which they have hitherto found from within the Par­liament it self, in the past practises aforementioned, though as grosly treasonable as any they can hereafter run into; should we or any others (for the obtaining of exem lary Justice upon some) proceed to impeach any for their past treasonable practises; what hopes of Justice, or of a timely dispatch therein can we have, while such a prevailing party of new interested and concerned in the same things shall in the House of Commons continue to be Judges ther­of, or at least be ready to avow and justifie the offendors 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 Priviledges of Parliament, yet) finding the root of these and other difficulties to the Parliament, Kingdome, and our selves, to lye in this, viz. [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 leavying of Warre; and that (as is before demonstrated) in direct prosecution or maintenance of the aforesaid treasonable ingagement, and the violence done to the Parliament, and for the opposing, resisting, and destroying of this the Parliaments Army in its ad­vance towards London (onely to restore the Speakers and Members of both Houses that were driven away, and the Houses themselves to their Honour and freedome) 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 practises, become par­ties to the same, do yet take the boldnesse to sit and Vote in Parliament, especially in the House of Commons] (we say) finding the maine root of our difficulties and dan­gers [Page 20] `lying in this; first, we appeale to all men, whether [...] be just or tolerable, that any priviledge of Parliament should (contrary to the Law of nature) make a man Judge in his owne case and concernment? and we wish those men themselves to consider (if we had come to an ingagement with the Forces raised by vertue of their pretended Votes and Ordinances, and that thousands had been sl [...]ine, and we had made our way by the Sword) whether they would then have expected to have sate as Judges upon us therein? and we are sure it is no thanks to them that it hath beene otherwise; and had we found those Members in Armes against us, and subdued and taken them, whether had they not then been in the condition of prisoners of Warre? and (if so) then having put Armes 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 [contrariwise] we should suffer, either that those whom by the course of Warre [which they had chose to ingage 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, indeavour to have been our Executioners, should (now we have by force tooke 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 justnesse of the cause, and the necessity of the thing, for the safety of the Parliament, Kingdome, 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 of the Kingdome, 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 supreame 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) [Page 21] did sit, and Vote in the pretended Houses then conti­nued at Westminster, that 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 leavying of a Warre (as is before declared: or for the Kings comming forthwith to London) we cannot any longer suffer the same, but shall doe that right to the Speakers and Members of both Houses, who were driven away to us, and to our selves with them (all whom the said other Members have endea­voured in an Hostile manner most unjustly to destroy) and also to the Kingdome (which they endeavoured to imbroyl in a new Warre) as to take some speedy and effectual course, whereby to restraine them from being their own, and ours, and the Kingdomes Judges in those things wherein they have made themselves Parties, by this meanes to make War, that both they and ohters that are guilty of, and Parties to the aforesaid treasonable and destructive practises and pro­ceedings against the freedome of Parliament, and peace of the Kingdome, may be brought to condigne 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 apparant and trea­sonable breach of their trust, as is before expressed.

By the appointment of His Excellency, and the generall Councell of his Army.
Signed, J [...]. Ru [...]worth Secretary,

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