A DECLARATION Of the last DEMANDS, Propounded by his Excellency Sir Thomas Fairfax, and the Councell of his Army to both Houses of Parliament, for vindication of the Parliament, for Justice, and for the Peace of the Kingdome: with the Answer of the House of Peers, and their approbation and Order to returne thankes to the Gen: and the Army.
THE Houses being 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 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 proposalls 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 ere they be agreed on all hands, and the framing of them inty Bills, and perfecting of the same will require much more. Somthing 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 further 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 verpower 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, [Page 2]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 apparant 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 M [...]litia 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 leav [...]ed put and [...] the Command of Major Gen. Massey, and others [...] adversaries) were all designed and directed to the ruine and distruction of this Army, and the raysing of a new Warre against us in this Kingdome. A dissaving 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) no withstanding all their semblances of complyance to a composure. What reason is there to expect, but that if 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 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, 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 dye 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 i [...] behalf of the honour and freedome of the Parliament, and to give their, [Page 3]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 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 wayes very sad, this poore Kingdome, and more then we can recompt) and by all subsequent proceedings in that House, in relation to the whole businesse, we clearely 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 afore mentioned; 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 avoyd 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 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 26. 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 conccurrence of divers other Members, who having (perhaps with harmlesse intentions continued to sit with them during the Speakers absence, as aforesaid (though they consented not to any of their mischievous Votes and Orders, or treasonable proceedings ofore 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 [Page 4]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 evil ends aforementioned, we finde 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 self; neither can we finde or heare of any one Person hitherto brought to Justice, or Question for any of these things, but all seeme 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 kinde 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 beene 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 publike Thankesgiving to God for it, as aforesaid) is subjected and exposed to question (where in theirs and ours, and the Kingdoms enemies obtrude themselves to be the Judges) for if those pretended Votes, Orders, and Ordinances, whereby War was leavied 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 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 deter any from the like) we wish all men to consider what streights we are in this case put upon; (That which is the main work of the Kingdome, and which we most earnestly thirst for, and attend upon, viz. the setling of a peace, and consideration of our Proposalls in order thereunto will aske [...]me to bring it to an issue; and that done, the releiving or remedying of [...] pressing grievances of the Kingdome, will take up and require the sitting of the Parliamen for some further time [though upon the setling of a [Page 5]Peace a period be set for the certain ending of it, now for the body of this this Army or so great a part of it [as may serve to over-poure any future tumults, or force that may arise in or from the City] to coninue hereabouts so long as the Condition of the Countrey hereabouts and the necessities of the Citie [in point of provision] cannot well beare it, and [we doubt] forraigne Forces [that are already 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 return upon the Parl. & the like or worse practises of raising a new war, 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 former) while the same violent and factious spirits, both in the Parliament and elsewhere; shall continue in the same power and oportunities as formerly, and both they, and all others, shall have before their eyes the incouragement of that impunity and protection (yea rather that justification) which they have hitherto found from within the Parliament it selfe, in the past practises aforementioned, though as grosly 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 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 thereof, or at least be ready to avow and justifie the offenders therein, as having acted under their pretended Authority. In this straight therefore (though we have ever been, and shall be most tender of all just Priviledges of Parliament, finding the root of these and other difficulties to the Parliament, yet) Kingdome, and our selves, to lye in this, viz. (that that those Members of the House of Commons, who, during the forceed 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 Warre, and that, as is before demonstrated, in direct prosecution or maintenance of she 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, only 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 [Page 6]said treasonable practises, become parties to the same, doe 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 lying in this.
First, we appeale to all men, whether it be just or tollerable, that any privilede of Parliament should (contrary to the Law of Nature) make a man iudge in his own case and concernment.
And next 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 slaine, 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 been 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 [Page 7]against us, we might justly make one prisoners, should in a course of Law, become our Masters and Commanders; or that those who the other day did, in an hestile manner, indeavour to have been our executioners, should, now we have by force tooke their preparations against us, become our Iudges, we suppose, no reasonable man, nor themselves, when they will consider it, can expect from us.
Vpon 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 to the Kingdome, or to secure the Parliament in a quiet proceeding to settle the peace of the Kingdome: And (in such case) the safety of the people being the supria [...]e 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, 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 sad 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 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 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 imbroyle in a new Warre) as to take some speedy and effectuall 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 Warre, that both they and others that are guilty of, and Parties to the aforesaid treasonable and destructive practices 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, concisting (duly and properly) of [Page 8]such Members of both Houses respectively, who stand cleare from such apparant and treasonable breach of their trust as is before expressed.
Die Veneris, August 20. 1647.
UPon the reading of a Letter from his Excellency, Sir Thomas Fairfax, (Commander in chiefe of all the Forces in England and Wales.) And a Remonstrance, with Proposalls from his Excellency and the Counsell of his Army. It was resolved by the Lords in Parliament assembled, that they doe approve of the said papers, and that a letter be written to the Generall to give his Excellency and this Army thankes.