A Declaration of the Lords and Commons assembled in PARLIAMENT.
WE the Lords and Commons in Parliament, having seen a Printed Declaration entituled His Majesties Declaration to all his loving Subjects, after his late victory against the Rebels, on Sunday the 23 of October: And finding the same to be full of scandalls and invectives against the Parliament, without any ground or colour of truth to support them. Thought it our duty aswell for the discovery of the falshood thereof, as of the malice and subtilties of the Contrivers of those scandalls, who to our unspeakable sorrows, have gained so much power with His Majesty, as to vent the same under the title of his owne Royall name, to make this ensuing Declaration in answer thereunto.
In the beginning of that Declaration, the contrivers thereof speak in His Majesties name, of a great preservation of His Majesty and his Children in the late Battell.
If His Majesty and his Children escaped any danger in that Battell, as we are ready with the Contrivers to rejoyce thereat, so do we apprehend a just cause of sorrow, That His Majesty seduced by the desperate advice of lewd and wicked Counsell, who tender their own preservation before His, would intermix himself with Traitors and Rebels, and expose his own Royall Person and his Children to that danger.
And whereas the Parliament under the name of a Malignant party is charged with an endeavour to poison the hearts, and corrupt the Allegeance of the Kings Subjects, by urging and pressing a false groundlesse imputation (as it is there stiled) of favouring Popery, and imploying many of that Religion in his Majesties Army.
Though we have iust cause to believe that our late Declaration of the 15 of October is sufficient to prove, That the aspersion of favovring Papists, and imploying them in the Kings Army, the same being there not only barely alleadged, but the evidence proving the same, and the persons so employed particularly set down: Yet since the Contrivers of that Declaration have the confidence to deny it, We [Page 4] thought it necessary for the confirmation thereof, to publish some evidences and advertisements that we received since the issuing out of our said late Declaration, touching that particular.
First, that it doth appear by the examination of Master Dormer, who professeth himselfe a Papist, taken before a Committee of the House of Commons, That a Commission under the Kings own hand was delivered unto him, by Serieant Maior Courtney▪ a notorious Papist, Authorizing the sayd Dormer to be a Captaine of a Foot Company, in the Regiment of Sir John Beaumont, another professed Papist, and with that Commission, threescore and fifteen men raised in the County of Lancaster, consisting (as is probable) of Papists, though Mr. Dormer in his examination alleadgeth he knoweth not whether they were Protestants or Papists. And it doth further appear by a Commission now remaining in the House of Commons, signed with the Kings own hand, that the sayd Courtney is made Serieant Maior of that Regiment. And by the same examination, another professed Papist is Lievtenant Colonell; and by a letter intercepted sent from one Dan. Chambers a Papist (as is informed) directed to one Captain Thomas Rookewood, That he expresseth his ioy for the good successe of the generall Cause, and the advancement of their design. And by another letter intercepted likewise, and sent from the same Dan. Chambers to Serieant Maior Courtney, That he was going to the North where (as we are now advertised) the Papists are raising a considerable Army, That he liked well the way of two yeers composition, and would propound it, That his endeavours should never be wanting to further any good action, and the more wherein he the said Courtney was interessed; And though the Hothamites would hinder his travelling, yet he would venter hard, and daily pray for the generall Cause. And in a letter sent from one Savage, a servant of the Earle of Newcastle, his Maiesties Generall in the North, directed to one John Atkins of Lambeth, are contained these words, Tell them that the Pope rules in peace here in Northumberland. &c. no prosecution neither of Priest or Papist: And in another sent from one George Tempest a Papist, to his brother John Tempest in the Kings Army, are these words: Our Priests at Lancaster are all at liberty, Catholique Commanders admitted, and all well enough that way, God Almighty (as I hope) will the b [...]tter prosper the design: And in the Printed Declaration it selfe, it is confessed, That Popish Commanders are employed in the Kings Army, and that which is as notorious as any of the rest, They of the Popish Religion are arrived to that height of favour, that upon their Petition presented to his Maiesty, they have obtained an expresse command and direction, That they and their servants and Tenants (though Convict Recusants, and consequently by the Laws and Statutes of this Realm to be disarmed) should Arm themselves, and use them for the defence of his Maiesties Person, and in opposition to the Forces raised by the Parliament; which Petition and Answer we have caused to be printed herewith, We need not again recite the Earle of Worcester and his Son the Lord Harbert, two of the most eminent and powerfull Papists in the Kingdom, their levying of great Forces in Mounmouthshire and Wales, having mentioned it in our former Declaration. And we purposely omit many other [Page 5] demonstrations of favour extended unto them, as the not putting the Laws in execution against them, their free reception into the Kings Court and Presence, the tender care of them and their persons and estates from the danger of the Kings forces, when the most pious and zealous Protestant Ministers and others, are most b [...]rbarously murthered, plundred, and robbed of their estates and fortunes. And upon what is already sayd, submit it to the World to iudge, whether the favouring of Popery, and employing them of that Religion in the Kings Army, be a false and groundlesse imputation; and we do the more wonder at the confidence of the Contrivers, in urging that to be a groundlesse imputation and scandall, when we see a Declaration published by the Earle of Newcastle, his Maiesties Generall in the Northern parts, which doth not only confesse that he hath taken divers Popish R [...] cusants in those parts, under his command and conduct, but spends some Leaves (weakly enough) in endeavouring by the examples and presidents of former times, to iustifie the same; and therefore we need not any further to labour the proofe of the matter of fact.
For the Allegation, That great number of Popish Commanders and others serve in the Army under the c [...]nduct of the Earle of Essex, and of the private promises and undertakings made to them, That if they would assist against his Maiesty, all the Lawes made in their preiudice, should be repealed; A charge contrary not only to the profession and severall protestations of both Houses of Parliament, but even to reason and policy it selfe, That they who have raised an Army for the iust defence of their Priviledges, Lawes, and Liberties, and of the true Protestant Religion, should make use of Papists, the only enemies of them all, to be the Instrument and means to protect them.
If the Contrivers of that Declaration had been pleased to name some of that great number of Papists they suppose to be in the Earl of Essex his Army, they had not onely afforded us the means to have cleered our selves from that Imputation, by joyning issue with them of the truth thereof, but given us opportunity in case any of that Religion, under the name and profession of a Protestant (for otherwise we are assured they could not) had crowded themselves into the Army, to remove them: But in regard they omitted the mention of any pa [...]ticular, we are confident, That ei [...]her they could not name any, or in case any of the Popish Religion be in that Army, they are subtilly, by the cunning and malicious practise of our enemies conveyed thither, under the mask and profession of Protestants, to corrupt (if they can) the good affection of others, and so made Instruments to destroy us, as David Alexander should have been, had not Gods goodnesse and providence, by a timely discovery, prevented it.
But to shew how much the Parliament did alwayes abhor and detest the ayd and assistance of Papists, of what nature soever, we hold it fit upon this occasion, to let the World know, That about the beginning of this Parliament, divers eminent Papists of this Kingdom did prefer a Petition to the House of Commons, for the repealing of some Laws now in force against them, with an humble submission to all reasonable Conformity; the substance of the same being opened, it was app [...]ehended [Page 6] with such Indignation, that it was never so much as vouchsafed to be read but quite rejected.
And upon Information given, That the Lord Dillon, and Colonell Taffe were employed by the Rebells of Ireland, to bring some Propositions to his Maiesty; and that (amongst others) one was, That there should be a Toleration of the Popish Religion in Ireland; It was thereupon resolved on the eighth of Decemb. 1641, upon solemn debate, by the Lords and Commons, That they would never give consent to any Toleration of the Popish Religion in Ireland, or in any other of his Maiesties Dominions. And when the Lord Herbert, son of the Earl of Worcester, this Parliament, made an offer to the House of Commons, to give freely 500l a year, or 5000l to be disposed at the pleasure of the Parliament, yet the House, though in a time of great necessity to use money, because the same came tendered by the hand of a Papist, did refuse to accept. All which had been passages of great weaknesse, had we intended any correspondency with them. And we are confident, That this Charge is so full of malice, and so far from truth, that we dare challenge all the world, not to be able to make it good against any one particular Member.
For the matter of his Maiesties raising an Army against the Parliament, and taking away the Priviledges thereof, which the contrivers of that Declaration tearmed to be a senselesse scandall, we shall refer it to the judgement even of ordinary Capacities, Whether is most voyd of sense, to say, That this War is raised against the Parliament, or, That both Houses, whereof the one consists of all the Peers, the other, of eminent and principall Gentry of the Kingdom, who for their Abilities, and known Integrities, are by the Universall Consent of the Kingdom, chosen to represent them, are governed by the number of not above 12 or 20 persons, and that those few should have a power to force and compell the rest to submit to their Faction, and to have their Libertie and Freedom of Consultation taken from them.
But the truth is, That it is not a few persons, but the Parliament it self is the thorn that lies in these mens sides; which heretofore, when it was wont to prick them, was with much ease, by a sudden dissolution, pulled out: But now that it is more deeply fastned by the Act of Continuance, they would force it out by the power of an Army.
And whosoever will pursue the severall Speeches and Declarations made upon the breaking up of former Parliaments since the beginning of his Maiesties Raign, will finde the pretences of those uniust and illegall Dissolutions, to be grounded upon the exceptions against some particular Members, under the name of a few factious and seditious persons: So that the aspersing and wounding of the Parliament thorow the sides of a few Members, is no new Invention.
And for the satisfaction of all indifferent men, that this War is raised against the Parliament, we shall refer them to former Declarations issued out in his Maiesties Name, being so many Invectives, and groundlesse Accusations, not against particular Members onely, but against the Votes and Proceedings of both Houses, [Page 7] and in plain tearms, declaring and publishing both Houses guilty of high Treason; (a Charge not to be presidented by any former times, or in truth that Councell canbe capable of.) And that the Earl of Essex, Generall of the Forces raised for the defence of the King, Parliament, and Kingdom, is a Traytor; and that all those that ayd and assist him, thereby comprehending both Houses of Parliament, by whose Command and Authority he bears that place, are Rebells, and guilty of high Treason: Notwithstanding all which, the Contrivers of that Declaration can have the face to term it, A groundlesse Accusation to affirm, That the Army raised by his Maiesty, is raised against the Parliament, or to take away the priviledges thereof.
But if the truth were, as that Declaration seems to imply, That this Army is raised to force some particular Members of this Parliament to be delivered up, yet upon that Ground would it follow, That the same is levied against the Parliament: For it cannot be denyed by any ingenious man, but that the Parliament, by their inherent Rights and Priviledges, hath the power to iudge and punish their own Members: And we have often declared to his Maiesty and the world, That we were alwayes ready to receive any evidence or accusation against any of them, and to judge and punish them according to their demerits; yet hitherto no Evidence produced, no Accuser appearing: And yet notwithstanding to raise an Army to compell the Parliament to expose these Members to the fury of those wicked Councellors, that thirst after nothing more, then the ruine of them and the Common-wealth: What can be more evident, then that the same is levied against the Parliament; for did they prevail in this, then by the same reason might they demand twenty more; and consequently, never rest satisfied, untill their malice and tyranny did devour all those Members they found crosse and opposite to their lewd and wicked Designs.
Touching the priviledges of Parliament, which the Contrivers of that Declaration (in his Maiesties Name) seem to be so tender of, and to professe all Conformity unto, and to deny this Army to be raised in any degree to violate, we shall appeal to the Judgement of any indifferent man that will take a short view of their proceedings, how little truth is contained in this their Assertion.
The Parliament is to be considered in three severall respects: first, As it is a Councell, to advise: secondly, As it is a Court, to iudge: thirdly, As it is the Body Representative of the whole Kingdom, to make, repeal, or alter Laws. And whether the Parliament hath enioyed its priviledges in any of these respects, let any that hath his eyes open iudge.
For the first, we dare appeal even to the consciences of the Contrivers themselves, Whether the Parliament, for the most part of the time they have sate, hath been consulted with in any matter concerning the Church or State, of what nature or consequence soever; nay, Whether matters of highest Importance have not been agitated and determined, not onely without, but contrary to their Advice; and, Whether private and unknown Counsells, destructive both to Church and State, have not been hearkned unto, approved, and followed, when the faithfull and wholesome Advice of that greatest Councell hath been scorned and neglected; and yet none can deny, but it is one of the principall ends why a Parliament is called [Page 8] to consult of the great Affairs of the Church and State: And what miserable effects, and sad events this neglect of that great Councell, and preferring of unknown and private counsells before it, hath produced, let the present Distractions of this Kingdom bear witnesse.
Concerning the second, that is, The Judicature of the Parliament, not to insist upon the private practices, even from the first sitting thereof, to interrupt our legall proceedings against Delinquents, in the secret conveying them b [...]yond the Seas, by immediate Warrants procured from his Maiesty, as in the Cases of Secretary Windebank, the Lord Finch, the Lord Digby, M. Percy, M. Germyn, and others accused in Parliament of high Treason; we shall mention onely what hath been done therein by publike Actio [...]s, and of them, recite some few particulars notoriously known to the Kingdom; As first the rescuing of Beckwith, a professed Papist, by the Cavaliers, from our messenger at York, being sent for to answer a notable Delinquency against the Parliament; and by his Maiesties own personall command, discharged, though the messenger informed his Maiesty of his Warrant from the Parliament to apprehend him, and the violence done him by the Cavaliers, The abusing, beating, and scoffing of divers other our messengers at York, being sent thither by the Parliament for Delinquents, and forced by the Cavaliers to return back well beaten, without their prisoners: His Maiesties expresse Commands sent to severall Sheriffs of this Kingdom, and to divers others, not to obey any M [...]ssenger or Command of both or either Houses of Parliament, and to resist them; His Maiesties enioyning the Members of both Houses to reside with him, whereas by the legall and respective Summons of both Houses whereof they were Members, they were commanded to repair to the Parliament, and which they were bound, by the Duty of their places and calling, and the known Laws of the Land, to obey: The taking away of the Great Seal, whereby the execution of Justice, which is the soul and life of all Laws, is much interrupted; an act not to be parallell'd by the example of any former times, and such (were it done to the meanest Court of the Kingdom) could not be justified, there being no Cou [...]t without a Seal belonging to it.
The making the Kings Court by the force and power of the Kings Army, the sanctuary and refuge of all sorts of Delinquents against the Parliament and Kingdome, and protecting and defending them from the justice thereof: His Majesties receiving into His grace and favour, and by force and violence protecting them from the Justice of the Parliament, such as stand impeached of high Treason, and so far convinced of their own guilt, that they durst not stand to their Tryall, but fled out of the Realm to avoid the same; and are now returned, and in most eminent credit and esteem with His Majesty, and bear places of great trust in the Army, and stand in defiance of the Parliament, and the Authority thereof; as namely, The Lord Digby, M. Henry Percy, Master Dani [...]l Oneal, and Captain Legg, all impeached of high Treason, Master Wilmot, and Master Ashburnham, impeached of Misprision of Treason; and all those Impeachments before any Army raised by the Parliament.
Touching the third particular of making and altering Lawes, we shall need to say little of that, it being well known to the Kingdome, that divers Bills highly importing the peace and prosperity of the Church and Common-wealth have past both Houses, and been presented to his Majesty for his Royall assent, and all denied; and Declarations have been made and published in his Majesties name, that he would not passe any Bill of what Importance or consequence soever (the businesse of Ireland excepted) before certain Demands of His Majesty in those Declarations mentioned, which the Parliament could not in Honour or Justice assent unto, were granted. A Declaration, (we are confident) that cannot finde a president to warrant it in any Kings time.
By all which it is apparent how our Priviledges have been torn from us by peece-meales from time to time. And we might mention many passages, whereby they were endeavoured to be pulled up by the root, and totally subverted. As the attempt to bring up the late Army from the North to force Conditions upon the Parliament; The Petition and Protestation of the Bishops, to Invalide all the Acts and Proceedings thereof. His Majesties Letters and Commands to the Members of both Houses (which found obedience in a great many) to attend Him at York; and so by depriving the Parliament of their Members, destroye the whole Body. But we shall rest satisfied with what is already said, which is enough to prove the vanity of the Contrivers, to feed themselves with hope of beliefe, That the Priviledges of Parliament are not violated, but intended to bee preserved with all due observance.
Concerning the Allegations that the Army raised by the Parliament is to murther and depose the King; We hoped the Contrivers of that Declaration, or any that professed but the name of a Christian, could not have so little charity as to raise such a scandall, especially when they must needs know the Protestation taken by every Member of both Houses, whereby they promise in the presence of Almighty God, to defend His Majesties Person. The Promise and Protestation made by the Members of both Houses upon the nomination of the Earle of Essex to be Generall, and to live and die with him, wherein is expressed, That this Army was raised for the defence of the Kings Person.
Our often, earnest, and most humble addresses to His Majesty to leave that desperate and dangerous Army where with He is now encompassed, raised and upheld to the hazard of his owne and the Kingdomes ruine; And to come in Person to His Parliament, where he should be sure to remain in Honour and Safety. And our humble Petition directed to be presented to Him by the hands of the Earle of Essex, before any blow given, to remove His Royall Person from that Army, a request inconsistent with any purpose to offer the least violence to His Person, which hath and ever shall be dear unto us.
It was well known we raised not any Forces untill a considerable body of an Army was raised against the Parliament to destroy us, our Liberties and Religion, which being secured unto us, and the Armie raised against us disbanded, we shall be ready and willing to disband, and do most earnestly desire it.
And concerning the imputation laid to our charge of our raising this Army to alter the Frame of Government, and established Lawes of the Land, we shall need to give it no other Answer then this, That if to raise an Army in our own just defence, when another is marching towards us to destroy us and our Laws, be to alter the Frame of Government, then is that Army raised for that purpose, otherwise it is for [Page 10] our owne and our Lawes necessary preservation.
And whereas the contrivers of that Declaration urge it as a necessary consequence, That because the Kings Person was in danger in the late Battell of the 23. of October, therefore the Army raised by the Parliament, and that gave Battell to the other Army, was not raised for the defence of the Kings Person, but of purpose to destroy him: We confesse we understand not the Logique thereof, no more then if the Kings Person should be chased, apprehended and possessed by Theeves and Robbers, and the Kings good Subjects should raise an Army to pursue those Robbers, and by Battell dispossesse them of him, and rescue him from their Power and Tyranny; That therefore this was an Army raised to murder and destroy the King.
And we cannot but wonder that we are still charged with that scandall (so often answered) That the greatest part of our Members are driven away by violence, when instance cannot be made of any one in particular, and that it is well known, that many of them, if not most of them that absent themselves have been by expresse Letters from His Majestie commanded to repaire to Him to York: And contrary to the expresse Summons of either House required to continue there, and many of them have since been Principals and Inciters of this Warre against the Parliament and Kingdome.
Concerning the Book of Common Prayer, suggested by that Declaration to be rejected, we have by severall Declarations cleared our selves of that Charge, that we never rejected it, that we intend to take nothing out of it, but what shall be evill and justly offensive, or at least but unnecessary and burthensome, and for that purpose to require the Advice of a Religious, Learned and Orthodoxe Assembly of Ministers.
Touching the Aspersion of our giving no countenance to any, but to Brownists and Anabaptists, we would have been very glad to know who, and what kinde of persons the Contrivers of that Declaration intend by Brownists and Anabaptists, for now all such as will not submit to those unwarranted Ceremonies, and Popish Innovations lately introduced in the Church by the Prelaticall party, such as in truth and sincerity of heart make conscience of their wayes, such as will not by blasphemous oaths prophane Gods Name, and contemne the Lords Day, and such as look after, and heartily wish a perfect and thorough Reformation in the Church, are by that Malignant and Popish party comprehended under the name of Brownists and Anabaptists: And if by Brownists and Anabaptists they intend such Persons, we acknowledge the countenancing of them: But if by that name and style they mean such, who are truly so, according to the reall and proper signification of the expression, we do affirm it to be a false groundlesse imputation; And had not His Majesty (seduced thereunto by that Popish and Prelaticall Faction) denied His consent to the Bill for the Assembly so often by both Houses presented unto Him, we had long since manifested to the world by a well setled Reformation, our utter dislike of Brownisme and Anabaptisme. But we very well know it is one of the Stratagems of that Prelaticall party, to interrupt us of the means to settle Church Government, that by the delay thereof they may stirre up Factions and Divisions amongst the people, (who having not the rule before them, are apt to run severall wayes, and so impute the Errours and indiscreet carriage of few persons unto the Parliament: But God in his good time will unmask their plots and confound their devices.
The Contrivers of that Declaration suggest an endeavour by us to raise an implacable malice and hatred between the Gentry and Commonalty of the Kingdome. A charge of a very strange n [...]ture▪ That we should endeavour to raise up a spirit of hatred [Page 11] and malice in the Comminalty against our selves; For so it must necessarily follow, unlesse these Contrivers will deny us to have any part or interest in that style or Title of Gentry. And though we know very well there are too many of the Gentry of this Kingdome, who to satisfie the lusts of their own ambition, are content like Esau to [...]ell their Birth-right and render themselves and their posterity to perpetuall slavery, and care not to submit themselves to any Arbitrary and unlimited Government; so they may for their own time partake of that Power to trample and insult over others: yet we are assured that there are of the Gentry many worthy and true-hearted Patriots, who are ready to lay down their Lives and Fortunes, (and of late have given ample testimony thereof) for maintenance of their Lawes, Liberties, and Religion, and with them and others of their resolution, we shall be ready to live and die.
And though we must own it as our duty, to use our best endeavours, That the meanest of the Comminalty may enjoy their own Birth-rights, Freedome, and Liberty of the Laws of the Land, being equally entituled thereunto with the greatest Subject, yet we hope this is far from any purpose to raise hatred or malice between them and the Gentry, but rather to knit and unite them more fast together.
And that the Commission of Array doth take away the Estates of the Kings people, is a Charge so far from a scandall, or being senslesse or impossible, that we are ready to make it good, That it is not onely so in Intention, but Actually put in Execution; For the matter of Intention we shall need to goe no further then the words of the Commission it self, that giveth an Arbitrary power to the Commissioners, over the persons and estates of the Kings Subjects, which we have made apparent in our Declaration of the illegality thereof; and therefore as to that particular shall referre our selves to that Declaration, adding there unto His Majesties own Letter sent with divers of the said Commissions, to require the Commissioners to bring the Trained Bands of severall Counties to attend His Majesties Royall Standard at Shrewsbury, and that the severall Counties should furnish them with sufficient Ammunition for the journey, and money to beare their charge: And that the said Commission hath been put in practise to take away the estates of the Kings Subjects, we shall make it good, that by colour thereof, divers great summes of money have been imposed upon the Inhabitants of severall Counties, and they forced to pay the same both by distresse and imprisonment of their persons. And the Commissioners of Array in the County of Carnarvon, assessed that County by colour of that Commission to the proportion of above two and twenty Subsidies. And for the levying thereof issued out Warrants forthwith to distrain, and commit the persons of such as resisted, and accordingly divers were distrained and imprisoned.
And by this time we are confident all the world will rest satisfied, That the Kings Army was raised against the Parliament, and to destroy the Rights and Priviledges thereof.
That persons of the Popish Religion are principally imployed in that Army, That the same, and the Forces of the North under the Conduct of the Earle of Newcastle, and in Monmouth Shire and Wales, under the comm [...]nd of the Lord Harbert, do most consist of Papists, and are maintained and continued by them; That by the power of these Forces, the Intention is not onely to subvert Parliaments, and the Laws, but to follow the Examples of their Brethren in Iniquity, the Rebels in Ireland, to pull up the Protestant Religion by the roots, and in the place thereof to plant their own Idolatry [Page 12] and Superstition. That the Army raised by the Parliament is to no other end, but for the preservation of His Majesties Person, to defend themselves, the Laws of the Land, and the true Protestant Religion. All which the Lords and Commons thought good to publish, to the intent the danger the Protestant Religion lies under may be clearly discerned, and that all persons that love the same, may now as one man extend their utmost endeavours, and joyn with the Parliament to suppresse this Popish Army and Forces, that otherwise in a short time will bring our Religion and Kingdome into ruine.
FINIS.