A Declaration of the PEERS OF ENGLAND To the Kingdome;
Wherein they declare That no Act of the Commons house is binding, not being consented unto by the Lords in Parliament.
ON Tuesday the 9 instant, divers of the Lords met, and assembled in the house of Peers, where they fell into debate upon severall things, in relation to their late Vote, that the King could not commit treason against the Parliament, which they still persist in: After some debate therupon, they took into further consideration [Page 2] the chief reasons and motives which did induce them there unto, and had some further debate, that a Committee draw up a Declaration to the Kingdom, which shall give reasons why they rejected the Commission for tryall of the Kings and to draw up another Declaration to the Kingdome, in which they are given to understand, that no Act of the Commons house is binding, not being consented unto by the Lords in Parliament And the 10. of this instant, they sat a while, and adjorn'd, but proceeded not upon the subject in debate the day before.
The day before they adjornd, the French Embassadour had audience in the House of Peers, where he presented a declaratory message from the Queene of England to their Lordships, purporting, That she earnestly desired, that their Lordships would bee pleased to admit of her comming into England, for the visiting of the Kings Majesty, before his being brought to tryall, and that she might have assurance of her safe return. But their Lordships resolved to lay it aside, and not to insist thereon at present.
The house of Commons (after some time spent in debate what kind of Government to erect in England) agreed to have a new broad Seal brought in forthwith, which is to have ingraven on the one side the house of Commons; on the other, the Arms of England and Ireland, round, shall be impressed the year of its originall, as the first of freedom or liberty to the people.
Divers of the most eminent Lords that have served the King in the late difference, have presented a message, and offered to his Excellency the Lord General Fairfax, an assurance. That his Majesty shall signe what offered at the treaty, and else, as shall be desired,
Letters from the North say, that the Scots are exceeding weary of warlike commotions, and desires to negotiate with the two Houses of Parliament, and his Excellency the Lord Gen. Fairfax, in behalf of their dread Soveraign, to the end, that no prosecution fo [...] tryall, may bee put in execution against his royal person, without the advice and concurrence of that Nation thereto, and that nothing be done or acted, contrary to the Solemn League and Covenant between the two Kingdoms. Our intelligence from thence further saith, That divers of the Scottish peers have transmitted a Message to the Kings Majesty, intimating, Their loyalty and affection to his Royall person, and their Resolution to leave no means unaessayed, for the advancing his Honour and Greatnesse. But notwithstanding their great forwardnesse, to make the Royal party glorious, yet there are many dissenting Brethren amongst them, who are resolved to confide with the parliament of England and the Army. The revolutions and transactions of affairs in this kingdom, now give a caution to all the well-affected in our Neighbour Nation, to carry a strong hand, and an Eagles eye, over the proceedings of the Adverse party. We hear of a new storme arising in Lancashire, and of great under hand listing there; but the well-affected are putting themselves in a posture to receive them and have in readinesse 4000 Horse and Foot to attend their motion. We hear that the honest party in the West of England have also put themselves into a posture of defence, and have raised and listed 12000 Horse and Foot, to ingage with the parliament and army (upon any occasion) for common Justice, Freedom, and Safety, and for promoting the Remonstrance of the Army, to the end, that impartiall Justice may be executed upon the capitall Enemy of this Nation.
Leeds 8. Jan: 1648.
The Generall councell of the Army gave reasons to the common concerning their securing, and secluding of the Members of Parliament (which Mr. Pryn sayth are above 200 in number) [...] for your better satisfaction for so much as I shall make use [...] this kind, I shall give you in the Officers own words, vizt.
First, for those Members who are yet detained in custody, they are either such who have beene formerly impeached, and (in part) judged by the house for treason, or other high crimes, and never acquitted; and against whom we can and very shortly shall produce new matter of no lesse crime: or else such who have appeared most active and united in Councells with them, against whom also we are preparing, and shall shortly give matters of particular impeachment.
Secondly, For those others who have beene wi [...]hheld by the Guard from comming into the house, as nothing but such necessity, as aforesaid, and the clear denyall of any ground of distinction by voluntary discrimination admitted amongst your selves, should have made us in such manner to exercise our own judgement and power in the case; so you having since by your Resolutions of the 12 and 13 of December last, declared many of those Votes (wherein chiefly the publike interest hath been of late diserted) to be dishonourable and destructive: and having admitted the entring dissents against the Vote of December the 5 last, wherein the will of all the rest seemes comprehended and closed up (as farre as God would suffer it to proceed,) and many faithfull Members having thereupon publikely declared, and entred their dissents from the same; By which means there are now clearer grounds of discrimination begun amongst your selves, and a competent number of Members, of whom by their dissents registred, we can publikely take notice of men standing entire to the publike trust, and in whose judgements we may repose: We shall therefore henceforth forbear to proceed any further in the exclusion of any upon our own judgement or information gained from without, and shall refer to the knowledge and judgement of those whose dissents from that Vote already an [...], or hereafter shall be entred, both to consider what other Members have stood clear from the series of those corrupt Councels; you have so declared against, and who have been notoriously guilty thereof, and accordingly to determine which shall be readmitted [Page] as having kept to their trust, and which excluded, as having diserted the same. But wee most earnestly desire, as you tender the good and quiet of the Kingdome, with the easing the burthens and ending the troubles thereof, and would for the time this Parliament shall continue, prevent an irrecoverable relapse of all things into their former miserable condition, and avoid the numerous evils and endlesse troubles, which the renewed prevailing of the same corrupt Councels, or but of like divisions and unsetlednesse in your Councels, would evidently produce; that therefore you would resolve to exclude henceforth from the house, and make the stricktest caution, and provision, to keep out all such who are known to have carried on, or to be guilty of that series of corrupt Votes which you have so justly branded, as aforesaid, and that none may be readmitted amongst you, who shall not either by their own protests, or upon your certain knowledge, be pareicularly acquitted there-from.
The rest of the day was spent in debate on the manner of proceedings at Law, and in what name processes shall issue forth, all Writts at Common Law issuing forth in the Kings name by our NORMAN Lawes: but this came not to any result.
Yet before I proceed any further, I shall re-mind you of divers things which have been acted within four weeks, which the people failed in their expectation of, for above four yeares before, viz. The removing the cause of the manifold obstructions which continually happened when any great businesse was moved in the house. 2. The taking away the negative power of the King and Lords, which the people did attribute to be the cause, why former Parliaments were called and dissolved (after the peoples purses were drained) without giving any redresse in publike grievances heard and redressed.
2ly. That there may be a freedome in Trade and commerce, all Monopolies cease, and no man to suffer by any Law, against which he hath not transgressed,
The Proposals of the City of London.
1 That impartial Justice may be executed upon all offenders either by Land or Sea, who have been Actors or Abettors in the former or late wars, and that from the highest to the lowest without respect of persons. 2 That all places of power and trust in the kingdom and Navy, may be intrusted in the hands of those persons that may be safely confided in, for their known and approved fidelity. 3 That some effectuall course may bee taken for recovering the almost lost Trade of the City and Kingdom.
His Excellencies Declaration.
These are to require all persons who have ingaged for the King in the first or second war, and have adhered unto or assisted him, or his party therein, and are now residing in London, or within ten miles distant therefrom, that within [...] hours after the publication hereof, they depart from the said City and Suburbs, and all places within ten miles distance thereof, and not to return for the space of one month next ensuing, after the publication hereof; and whosoever shall be found and taken contrary hereuntu, they shall bee dealt withall as prisoners of war, except such as are excepted in the Order of Parliament.