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A REMONSTRANCE OF HIS EXCELLENCY Thomas Lord Fairfax, Lord Generall OF THE PARLIAMENTS FORCES.

AND OF THE Generall Councell OF OFFICERS Held at St Albans the 16. of No­vember, 1648.

Preſented to the Commons aſ­ſembled in Parliament, the 20. inſtant, and tendred to the Conſideration of the whole KINGDOME.

LONDON, Printed for John Partridge and George Whittington; in Black Fryers at the gate going into Carter Lane, and at the blue Anchor in Cornhill. MDCXLVIII.

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TO The right Honorable THE COMMONS of ENGLAND Aſſembled in PARLIAMENT;The humble Remonſtrance of his Excel­lency Lord General Fairfax, and his general Councel of Officers held at St Albans, Thurſday the 16. of Novemb. 1648.

OUR Tender regard to the Priviledges, and Freedom of Parliament on which our hopes of common Freedome and Right do ſo much de­pend, and our late experience what Offence many, (even honeſt men) ſeem to have taken, and what advantage evill men have made of our leaſt interpoſing, in any thing of Civill con­ſideration to the Parliament, hath made us for a long time hitherto, (as it ſhould alwayes make us even to utmoſt extremity,) to at­tend in ſilence the Councels and determinations of Parliament concerning all matters of that nature whatſoever; but finding4 you to have been of late upon thoſe tranſactions of higheſt mo­ment, whereupon the life or death of all our Civill Intereſt does depend, and that the publique affairs in your hands (not without the influence of forcible Impulſions from your Enemies, and ſuch as have been ſtirr'd up by them) are brought to the utmoſt criſis of danger (which calls upon every man to contribute what help he can) and ſeeing no effectuall help from elſewhere to ap­pear, we cannot be (becauſe in conſcience and duty to God and men, we hold our ſelves Obliged in ſuch caſe not to be) altoge­ther ſilent, or wanting in ought we can honeſtly ſay or do to hold off impending ruine from an honeſt people, and a good Cauſe.

We are not ignorant, that that Rule of Salus populi ſuprema Lex, is of all others moſt apt to be abuſed, or miſ-applyed, and yet none more ſurely true, it is too ordinary, (eſpecially of late times) for men who either from intentions of evill, or inordi­nate temper of ſpirit, would break thoſe bonds of Law and Ma­geſtracie which they finde to reſtrain them, to frame pretences of publique danger, and extremity thereof, and from thence imme­diatly to aſſume a liberty to break or elſe neglect, and flye above the due bounds of Order and Government, and ſtir up others to the ſame, pleading priviledge from that vaſt large rule of Salus populi, &c. from ſuch miſ-applications, whereof great diſtur­bances do oft ariſe and confuſion is indanger'd; and yet we know the ſame may be juſtly pretended and followed, and that (where it is from honeſt publique intentions, and upon cleer grounds) with very happy effects: We have ſeen, in this our age, ſeve­rall inſtances in both kinds, and the hand of God bearing teſti­monie, and giving Judgment for ſome, and yet againſt others where the pretenſions have been the ſame, or ſo like as it was hard for humane judgement to diſtinguiſh. And indeed ſince the right or wrong of ſuch proceedings depends chiefly upon the good or ill, publique or ſelviſh, ſircere or corrupt intentions of the parties pretending (which humane judgment cannot ordina­rily reach into) and partly upon the juſtneſs, or cauſſeſneſs, ne­ceſſitie or lightneſs, of th' occaſion taken from thoſe againſt whem the pretence is (which again depends partly upon their5 carriages, and partly upon their intentions, the latter whereof is not cleerly or properly under mans judgement and the former without a full knowledge of particulars not eaſie for man to give a certain judgment of) therefore as the engaging upon ſuch pretences and principles does alwayes imply, and is for moſt part expreſly accompanied with appeals to God for Iudgment, ſo 'tis the proper work of God to bear true wit­neſſe and give righteous judgment in ſuch caſes; and as he is alwayes engaged to do it ſooner or later, cleerer or darker, ſo in this Age and part of the world he hath ſee­med both to make haſte to judgment in ſuch caſes (to give it quick and ſpeedy) and alſo to make bare His Arm therein that men may ſee it; and hath appeared, as a ſevere avenger againſt ſuch pretenders, (where it hath been in falſhood, and with evill or corrupt intentions) ſo alſo a diſcoun­tenancer thereof (even where't hath been with good intentions, if not neceſſary in the grounds, or from im­patient temper of ſpirit,) and yet in other Caſes (where, as the ends have been publike and the intentions upright, ſo the grounds weighty, the caſe neceſſary in relation to thoſe ends, and the proceeding ſober, temperate, and but proportionable to the ends, grounds, and neceſſitie) a juſt aſſertor and Patron of the Right and Vindicator of the hidden Truth and ſimplicitie of the pretenders by a glorious preſence with them, and ſucceſſe to them in ſuch proceedings. Neither wants there ground for men to make ſome judgment therein. For certainly he that engageth upon ſuch pretences really for publique ends, and but upon publique ne­ceſſitie or extreamitie, and with a ſober ſpirit, (all which muſt concur to their full juſtification therein) will both try firſt all honeſt wayes poſſible (with ſafetie in thoſe ends) whereby he may accompliſh them and avoyd the danger (if poſſible) with due regard to, and by concurrence or with preſervation of the Magiſtracie and Government un­which God hath ſet him, before he will flye to wayes of extremitie, neither will he (when ingaged therein) pro­ceed further or longer in that way againſt or without the Mageſtracie then that firſt neceſſitie or ſome other (emer­gent6 upon the proceeding) does juſtly leed, and the ſecuri­tie of the ends require (not driving that pretence of neceſſity further to ſerve or advantage himſelfe or perpetuate thoſe wayes of extremity) but when the neceſſitie or danger is over, and the publique ends ſecured, will return to Magi­ſtracy and Order again, and mean while ſo act in all as carefully to avoyd both injury to the innocent and offence to the weak, and as ſubjecting or expecting, and ready to ſubject all to an indifferent and equall judgment, (even of men) if and when it can be found and really indeavouring to find it. For our parts both prudentiall conſiderations, and the experience we have of the danger that is in the leaſt breaking or letting looſe or entangling the reines of Order and Government, upon ſuch pretences makes us moſt ten­der of it, (as that which is never otherwiſe to be uſed or admitted, then as a deſperate cure in a deſperate caſe, and at the utmoſt perill as well of them that uſe it, as of thoſe for whom) and the experiences we have ſeen of Gods righteous Judgments in ſuch caſes as it makes us not apt (without trembling and fear) to think of ſuch procee­dings, ſo much the more ſtrict to obſerve all the aforeſaid cautions concerning them, and yet where juſt occaſion and a reall publique neceſſitie calls thereunto, not to fear ſuch appeals to God for any outward difficulties or dangers ap­pearing to our ſelves therein; But both from divine and humane conſiderations as we do and ever ſhall avoyde the occaſions by all means poſſible (even to utmoſt extremitie) and do pray and hope we may never come to it, ſo (if ever ſuch extremitie do happen to us) we hope (through the grace of God) we ſhall be carefull and enabled, both in the engaging and proceeding therein; ſo to act as before the Lord, and to approve our ſelves both to God and good men, and as ſubmitting to the judgement of both. And therefore though we are full of ſad apprehenſions of preſent dangers to the publicke intereſt, and the extremity even at hand, yet we ſhall firſt in all humbleneſſe and ſoberneſſe of minde, and with all cleerneſſe (as God ſhall inable us) remonſtrate to you our apprehenſions both of the dan­gers7 at hand, and of the remedies, with our grounds in both.

Firſt therefore, we muſt minde You of Your Votes once paſt concerning no more Addreſſes to the King, &c. and our Engagement to adhere to you therein: Concerning which we ſhall not invite you to look back to any grounds thereof, further then to what your ſelves declared and publiſhed thereupon, and what we in that our Engagement did ſumma­rily lay down as our ſatisfaction therein: We ſhall onely wiſh it may be remembred how free you were therein, and what ſtate You and the Kingdome were in then, and how it fared with You thereupon, untill you began to recede, and how upon and ſince your receding.

For the firſt (what ever evill men may ſlandrouſly ſuggeſt in relation to other matters, yet) in this ſurely none can ſay you were acted beyond your own free Judgements, we are ſure, not by any impulſion from the Army; ſince nothing that ever paſt from us to you before did look with any Aſ­pect that way, but rather to the contrary; (we may ſpeak it with ſorrow and ſhame in relation to that unbeleef or diſtruſt in God, and thoſe carnall feares of publique diſtur­bance from which we had before been acted, ſo much the other way) ſo that in that particular the juſter Reſolutions of this Houſe did not onely lead us, but help to reclaim us, from thoughts too much wandring the contrary way.

For the latter you may remember, that when you took thoſe reſolutions, diſcontent (even to diſtraction) did abound all the Kingdome over, in the people, for the bur­then of numerous and unſetled Forces, and the oppreſſion of Free quarter by them, and in the Souldiers for want of pay and ſatisfaction or ſecuritie in point of Arrears and in­dempnitie (their diſcontents increaſing with their Arrears) and indeed the Souldiery (in regard thereof and of ſome harſh provocations to them and your former uncertaintie in any way of ſettlement) ſomething looſe towards your ſelves, and their proper Government, and diſpoſed too much, to diſturbances amongſt themſelves. But upon thoſe8 Reſolutions of yours againſt any further Addreſſes to the King, &c. (which all men underſtood to imply ſome fur­ther intentions of proceeding in Juſtice againſt him and ſet­ling the Kingdome without him) immediatly the unſetled­neſſe of mens minds and jealouſies of ſeverall parties (con­cerning ones complyance with and ſeeking advantage from the Kings partee againſt the other) were greatly allayed, and (together with his opportunities and advantages to cajole, or inſinuate with one or other) did ſeem to be taken away, and it pleaſed God, inſtantly to leade you into ſuch other Councels and wayes, whereby the burthen and grievances of Free quarter were immediatly taken off, ſupernumerarie Forces disbanded, the reſt put into an eſtabliſhed way of pay, the Arrears in ſome meaſure ſecured, and further growth thereof prevented, the diſtempers amongſt the ſouldiery quieted, and they reſetled in good Order and Diſcipline, and their hearts (with all honeſt and ſober mens) firmely knit unto you, and the whole affaires of the Kingdome in an hopefull poſture for a ſettlement.

But when, the Houſe being called (as it were) on purpoſe for a ſettlement, in ſtead thereof, upon what jealouſies of ſome amongſt your ſelves, what private animoſities, envy­ings and vindictive deſires of others (giving up themſelves, with diſpending or neglect of the common and publique intereſt, to minde particular intereſts and parties, and to ſeek and take advantages againſt their oppoſites even from hoped (if not formed) compliances of common enemies and appearances from Forraign parts on their behalf, where­by to work out revenge againſt thoſe they immediatly malig­ned,) or from what crafty inſinuations of corrupt members and alwayes falſe to the publique intereſt or upon what other evill principles, we are unwilling to remember or imagine; when (we ſay) upon thoſe (inſtead of a ſettlement upon the former foundation) you began to entertain motions tending to the unſettlement of what you had reſolved, and when by that uncertainty and unſetledneſs of Councels appearing within your ſelves, and the anſwerable inſinuations and influences of ſeverall Members (according to their ſeverall bents and deſires9 unto their reſpective Correſpondents and Friends abroad, the mindes of men without alſo became proportionably unſetled, toſ­ſed too and fro with various apprehenſions & expectations which way things would bend, and all to ſee ſuch vaſt uncertainty of any ſettlement or end of troubles upon the Parliamentary account a­lone: then (and not till then) began the generality of the people to be apt for any new motions, eſpecially ſuch as look'd towards a ſettlement any way; and then began your enemies to conceive freſh hopes and confidences, and beſtirr'd themſelves accordingly, to work your trouble, and their own advantages. The moſt ſubtill and ſober of them (diſſembling the intereſt of their own partie, and reſerving that at the bottom, as cloſe and unſeen as might be, and taking their riſe even from that unſetledneſſe, and thoſe grounds of jealouſies and diviſion they found amongſt your ſelves, and the ſeverall parties pretending to Parliamentary intereſt, and from that diſpoſition they found in one party by any means to take advantage and revenge againſt the other) they made pretences part­ly of publick Intereſt, and partly of the very particular Intereſts of that party which they found moſt diſcontented amongſt your ſelves, the foundations whereupon to raiſe new diſturbances, and therein to ingage a numerous and mixt party; but upon ſuch grounds, and in ſuch a way, wherein the Intereſt of the King and his party were ſo incorporated throughout, as that the pro­ſecution of all the other Intereſts pretended (in the way that was laid) ſhould carry on, and at laſt ſet up that of the Kings and their own above all others. Thus, the Army (which after all poſſible tryals and temptations they found would never be won to be their friends, ſo as to deſert the Parliamentary and Publick In­tereſt to ſerve their turns,) being therefore induſtriouſly by them (with the furtherance of diſcontented parties amongſt your friends) rendered the onely common Enemy, and they themſelves (as it were) friends to all but it, and that ſuppoſed party in Parlia­ment and Kingdom that cordially upheld it: they and their buſie promoters of Petitions (ſtirred up by their Emiſſaries or Agents in all Counties, for the engaging and cementing of this new form'd and intended generall party) being all taught the ſame language, at firſt profeſſe fair. For the Parliament, or nothing a­gainſt it; but to be for a full and free Parliament, and to deliver10 it from the force of an Army; pretend for the Liberty of the ſub­ject alſo (to free them from the oppreſſion and tyranny of an Army) to be for the Law of the Land againſt the Arbitrary power of a Faction in parliament ſetting up and ſupporting themſelves above Law by the power of an Army; (whereas, in truth, their great and lateſt quarrell againſt the Army, was, That it would not force the Parliament to comply with the will and intereſt of the King, to the prejudice of the Kingdoms Liberties, and of the power of Law therein, nor deſert the Parliament in their adherence to theſe againſt the King.) They pretended like­wiſe to be much for the eaſe of the people, to free them from Taxes and Contributions to an Army, to be for the ſettlement of peace in the Kingdom, that there might be no need of an Army; (whereas, 'twas indeed, their reſtleſſe workings, and watching all advantages, by parties within this Kingdom, or Forraign aids, to ſet up their own and the Kings Intereſt, to the ruine of the Parlia­ment, and enſlaving of the Kingdom, that did neceſſitate the Par­liament to continue an Army and taxes to maintain it.) They pre­tended for Religion too, and for Reformation, and the Cove­nant, againſt an Army of Sectaries and oppoſers thereof: yea, they yet pretended even for the Army it ſelf (as to the Body of it, and all but a faction of Officers in it, ſupporting themſelves in power and dominion by it) that the Army might be ſatisfied their Arrears, and go home: And for all theſe fair ends, (preſuming up­on the Parliaments unſetledneſſe and weakneſſe, as not able, or not knowing how to provide for any of theſe things of them­ſelves without the King) a perſonal Treaty with the King muſt be held forth as the onely ſoveraign ſalve. Thus the people being made to depend mainly upon the King for all, and his Intereſt made neceſſary to all, the other pretences were but made uſe of to ſerve his ends, and an eaſie way made to ſet up him and his Inter­eſt above all. As to the hypocriſie of theſe pretences, we need ſay nothing more; The Lord himſelf in our ſilence (even when by ſuch pretexts, and their quick proceedings upon them, they had made ſuch engaging work for us in all parts, as gave us no leiſure to ſay any thing for the undeceiving of men, or vindicating our ſelves, or ſo much as to make any publick verball appeal to him for it) hath yet from heaven judged them, and born a cleer teſtimony a­gainſt11 them in defeating, with a ſmall handful, the numerous parties, they had thus engaged within the Kingdom, and drawn from elſewhere, (under the very ſame pretexts) to invade it; and breaking the force of thoſe deſignes, ſo cunningly and taking­ly laid, and ſo ſtrongly backt with advantages, as 'twas ſcarce imaginable (in humane reaſon,) all things conſidered, how to avoid them.

But however (working upon that unſetledneſs in the peo­ples mindes, which the uncertaintie and Diviſions in your own Councels had occaſioned; and having the advantage of that general diſpoſition, in a burthened and troubled people, to en­tertain any motions, and follow any party, pretending to end their troubles, and eaſe their burthens, againſt the preſent party in power, from whom immediately they apprehend them,) they made a ſhift to engage multitudes to Petition for theſe things; and thence, under the pretence of freeing the Parliament from force, to raiſe Arms and leavy War againſt it (at beſt) to inforce their Petitions, and under the notion of freeing the peo­ple from taxes to the Parliament, and quarter to the Army; to make them incur greater charges and burthens, for the King and his party, and (by withholding their taxes from the Parlia­ment) to neceſſitate free quarter again upon themſelves (which before they were delivered from) and under the notion of ſetling Peace, and the Liberties of the Kingdom, to break that we had, and ingage the people in another War on the Kings behalf, againſt the Parliament and their own Liberties, and to get his party, (with Commiſſions derived from him,) into the conduct and manage of it.

But whileſt therein (with open force) they do their utmoſt to deſtroy and ſubdue you, they omit not the driving on of that ſureſt part in their deſigne (a perſonal Treaty) to deceive you. To promote which, they had (beſides numerous, and daily Peti­tioners from all parts, deluded and drawn in by the aforeſaid ſpecious pretences) the deluded multitude and rabble about the City, with the old Malignants, new Apoſtates, and late diſcon­tented party, both in the City and Parliament it ſelf; the one at your elbows, the other in your boſoms, preſſing you inceſſantly: The Lords, in every thing (relating to the Treaty) cloſing readily12 with the deſires of the City Malignants, the Prince, and all your Enemies; and in their Votes for the ſame, going before you, and haling you after (although in things concerning the proſecution of the War in your own, and the Kingdoms neceſſa­ry defence; (eſpecially in declaring with you againſt thoſe viſible Enemies and Actors therein. (The Scots Army and others) they would neither lead nor follow.) And when, at any thing pro­pounded towards the Treaty (wherein you found the very life of your Cauſe, and the Kingdoms to be concerned,) you were loath to give up that, and thereupon made ſome ſtick; then clamorous Petitions for a concurrence, come thick from the City, with menaces inſinuated; many debaucht Reformadoes, the deſperate Cavaliers, and rude multitude about the City, ring in your ears with raylings and threats, many faithful Members, particularly frighted, or driven out of Town, forces liſted and gathering daily about you; and this, the City, neither taking courſe to re­ſtrain, nor ſuffering their Major General to do it; but oppoſing and incountring his and your Authority, in what he, by it, at­tempted for your ſafety and freedom; and theſe courſes never ceaſed, until you had fully agreed to a Perſonal Treaty, on ſuch terms, as His Majeſtie Himſelf was pleaſed to entertain.

By theſe means, and ſuch continued uſage, from the City, and thoſe in and about it (at whoſe mercy, you were, while your Army was engaged at diſtance againſt your Enemies in arms) by that time God had broke all their forces, delivered moſt of them into your hands and cruſht all their hopes of avayling that way: We finde them at laſt, drawn into this miſerable inconvenience of a perſonal Treaty with him, and his adherents, who had ſo long and unceſſantly tryed all Intereſts, and wearied all friends in this, and many forraign Nations, by force, to deſtroy or ſub­due you. In which, though we ſee more utter and leſs avoyd­able danger to the Kingdoms Cauſe, and to all the godly and honeſt people engaged with you, then before, in your loweſt or worſt conditions, we ever yet apprehended.

Yet conſidering the premiſes, and how great the change is from Votes of no more Addreſſes, to (not your wonted poſitive ſending of Propoſitions anew, but) a Treaty, a Perſonal Trea­ty, without any previous ſatisfaction or ſecurity, and a Treaty13 upon what Propoſitions he ſhould make, as well as your own (all which, both Houſes, yea, both Kingdoms have ſo often, and always before declined, voted, and declared againſt, as deluſive and dangerous, yea deſtructive, while the Parliament was un­queſtionably moſt free.)

We cannot but conceive, That at that time, and in thoſe Re­ſolutions for ſuch a Treaty, the judgment of Parliament, was not with due, and former Freedom. And therefore not diſpair­ing, but that (as men drawn or driven into dangerous ſtraits) you may readily entertain, or at leaſt, favorably reſent, any thing of Light, or encouragement, that may be offered towards the ſaving or extricating of your ſelves, and thoſe you are intruſted for: We ſhall, with all plainneſs and faithfulneſs, repreſent to you our Conceptions, where the main danger ſeems to lie, and where any way to eſcape. And we hope, 'twill be thought no arro­gance in us, or diſparagement to your Wiſdoms, ſince lookers on may (poſſibly) ſee ſomething, the gameſters do not.

For the evils and dangers of this Perſonal Treaty, had it been admitted to be indeed with his perſon in Parliament (eſpecially at London,) and in a full condition of honor, freedom, and ſafety, (which had implyed, That after all the trouble, loſs, hazard, and the expence of blood, and treaſure he had put the Kingdom unto, he ſhould be admitted to his Throne, and Office, without any ſatisfaction before given for what was paſt, or ſecurity againſt the like in future,) the evil and danger thereof had been ſo viſible, as nothing had need to have been ſaid to unfold it. As it is now admitted and qualified for circumſtances (the caſe being as't has pleaſed God to make it, That the King has no power in field whereby to take advantages during the Treaty,) we ſhall ſay nothing to any dangers of that kinde (ſuppoſing no agree­ment) ſave to wiſh you conſider the opportunities of laying Deſignes for his eſcape, or otherwiſe, and of ſetling future cor­reſpondences, which the company and confluence of ſuch per­ſons about him does afford: But we ſhall chiefly conſider, the great evil or danger of ſeeking to him by Treaty, in your preſent caſe, and of an agreement or accommodation to be thereby made with him, including his impunity and reſtitution to his freedom, revenue, dignity, office or government.

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Now, as to that, the great Queſtions will be,

1. Whether (as your, and this Kingdoms Caſe ſtands) ſuch an Accommodation would be: (Firſt,) Juſt or good, and ſo de­ſireable, or (if not,) where the injuſtice or evillies? (Secondly,) Whether ſafe, and to be admitted, or (if not) where the danger lies?

2. (Admitting that upon ſome ſuppoſitions, it might be good or ſafe,) Whether yet it can be ſo, or ſuch a one can be had in the way and conditions of this Treaty, as the caſe ſtands?

If either in the General, or in reſpect of your and the King­doms preſent Caſe, and of the way and conditions of this Treaty, it cannot be ſafe, then it concerns the Parliament not to admit ſuch an accommodation or agreement upon this Treaty; and (though it might be ſafe, yet,) if it be otherwiſe evil, or not good, then you have no reaſon, but to uſe any free­dom or juſt grounds remaining to decline it.

To theſe Queſtions therefore, becauſe the ſafety or danger, good or evil in Queſtion, is chiefly in relation to the Publike Intereſt of the Kingdom, and not ſo much to particular mens, (though even the particular ſafety of ſuch as have engaged for the Publike, is not to be neglected,) to lead our ſelves and others to the clearer judgment in the point; we ſhall premiſe a ſtating of the Publike Intereſt in Queſtion, in oppoſition to the Kings, and of his particular Intereſt oppoſed thereto.

The ſum of the Publike Intereſt of a nation, in relation to common Right and Freedom, (which has been the chief ſubject of our conteſt,) and in oppoſition to tyranny and injuſtice of Kings or others, we take to lie in theſe things following.

1. That for all matters of ſupreme truſt or concernment to the ſafety and welfare of the whole, They have a common and ſupreme Councell or Parliament; and that (as to the common behalf, who cannot all meet together themſelves) to conſiſt of15 Deputies or Repreſenters freely choſen by them, with as much equality as may be, and thoſe Elections to be ſucceſſive and re­newed, either at times certain and ſtated, or at the Call of ſome ſubordinate ſtanding Officer or Councell entruſted by them for that purpoſe, in the Intervals of the ſupreme, or elſe at both.

2. That the power of making Laws, Conſtitutions, and Offices, (for the preſervation and government of the whole) and of altering or repealing, and aboliſhing the ſame (for the remo­vall of any publick grievance therein) and the power of finall Judgment concerning War or peace, the ſafety and welfare of the people, and all civill things whatſoever, without further Appeal to any created ſtanding power, and the ſupreme truſt in relation to all ſuch things, may reſt in that ſupreme Councell: ſo as;

1. That the ordinary ordering and Government of the peo­ple may be by ſuch Offices and Adminiſtrations, and according to ſuch Laws and Rules, as by that Councell or the Repreſenta­tive body of the people therein, have been preſcribed or allowed, and not otherwiſe.

2. That none of thoſe extraordinary or Arbitrary powers afore-mentioned, may be exerciſed towards the people by any, as of right, but by that ſupreme Councell, or the Repreſenta­tive body of the people therein, nor without their advice and conſent, may any thing be impoſed upon, or taken from the people; or if it be otherwiſe a tempted by any, That the peo­ple be not bound thereby but free, and th'attempters puniſh­able.

3. That thoſe extraordinary power or any of them, may be exerciſed by that ſupreme Councell, or by the Repreſentative body of the people therein, and where they ſhall ſee cauſe to aſſume and exerciſe the ſame, in a matter which they finde ne­ceſſary for the ſafety or wel-being of the people, their procee­dings and determinations therein, may be binding and conclu­ſive16 to the people, and to all Officers of Juſtice and Miniſters of ſtate whatſoever: and that it may not be left in the will of the King or any particular perſons (ſtanding in their own intereſt) to oppoſe, make void, or tender ineffectuall ſuch their determi­nations or proceedings; and eſpecially (ſince the having of good conſtitutions, and making of good laws were of little ſecurity or〈◊〉, without power to puniſh thoſe that breake or go about to••••throw them; and many ſuch caſes may happen, wherein one former lawes have not preſcribed or provided ſufficiently for that purpoſe, or the ordinary officers entruſted therewith may not be faithfull or not able, duly to execute ſuch puniſh­ments on many offendors in that kinde; that therefore the ſame Councell or Repreſentative body therein (having the ſu­pream truſt) may in all ſuch caſes where the offence or default is in publike Officers (abuſing or failing their truſt) or in any perſon whatſoever (if the offence extend to the prejudice of the publike) may call ſuch offendors to account and diſtribute pu­niſhments to them, either according to the Law, (where it has provided) or their own Judgement (where it has not, and they finde the offence, though not particularly provided againſt by particular Lawes, yet, againſt the generall law of reaſon or Nati­ons, and the vindication of publike intereſt to require juſtice) and that in ſuch caſe, no perſon whatſoever may be exempt from ſuch account or puniſhment, or have power to protect o­thers from their judgement or (without their conſent) to par­don whom they have judged.

Theſe things contain the ſum or main of publike intereſt, and as they are the ordinary ſubject of civill conteſts in all mixt ſtates, where they happen betwixt the people, and thoſe that have aſſumed or claimed a ſtanding priviledge or prerogative over them, ſo they have been in this of ours. And againſt theſe matters of publike intereſt this King hath (all along his raign) oppoſed, and given himſelf up to uphold and advance the intereſt of his and his poſterities will and power; firſt, That there might be no ſuch Common Councell (no Parlia­ments) at all, to reſtrain or check him, but that all theſe matters of ſupreme truſt concerning ſafety and all things elſe17 might reſt in him and his breſt alone, without limit from or account to any on Earth, and that all thoſe extraor­dinary and Arbitrary Powers over the people, their Lawes, Liberties, Properties (yea, their perſons and conſciences too) might bee exerciſed at pleaſure by himſelfe, and ſuch as hee pleaſed to derive the ſame unto; and as they were aſſumed, ſo how vaſtly and ſadly ill they were exerciſed by him to the prejudice and oppreſſion of the people in gene­rall, and the ruine or perſecution of all the godly of the Land; yea, even of thoſe that were but ſober and honeſt to civill Intereſt, ſurely (unleſſe the greater preſſures here hath ſince wrought himſelfe or brought upon us, by ne­ceſſitating the Parliament thereunto, have ſwallowed up the former in Oblivion) we need not yet make any verball remembrance: To ſupport himſelfe in that ſtate or height of Tyranny and make it abſolute, He raiſ'd his firſt and ſecond Armes againſt his people in both Kingdomes, when hee found hee could not keep up to that height, to have all thoſe extraordinary powers and matters of Supreme ab­ſolute truſt in himſelfe alone, them be fell to play lower; that at leaſt none of them might bee exerciſed by any other without him, no not by all the Truſtees of the Land, nor in any caſe though never ſo neceſſary for the releife or ſaving of the people. That if (according to his former claim) his people and Parliament would not admit him poſitively to oppreſſe or deſtroy them at his will, yet by this latter, they ſhould have no power to redreſſe agrievance, to pro­vide for the freedom welfare, or ſo much as immediate ſafety of themſelves or the Kingdome, but at and according to his pleaſure; and for this (when the Parliament did otherwiſe aſſume in point of immediate ſafety and pu­niſhment of Delinquents without him) he rais'd his third Armes, and held them up ſo long and ſo much, to the ſpoyle and neare deſolation of the Kingdome, till God wholly broke them, and brought himſelfe captive into your hands. And in this, though he raiſed them with the pretence only of oppoſing the exerciſe of thoſe extraordi­nary and Arbitrary Powers by your ſelves or any other18 without him, (which would not be allowed himſelfe to ex­erciſe alone,) yet in the raiſing and having rais'd that force, he did by it aſſume and exerciſe all kinds of abſolute and Arbitrary Powers at his own will alone without Parliament; and how much further he would have gone in exerciſe of the ſame, (had he prevail'd as you) we may eaſily imagine. But as to that part of his claime againſt the publike Intereſt, viz. That there might be no power in Parliament to provide for immediate ſafety, or doe ought elſe for the people but at and according to his will) how obſtinately (even ſince God gave him and his party wholly into your hands) hath he main­tained and perſiſted in it, (even ſo long as from forraign parts, or Allies, from Iriſh, Scots, from your own diviſions or diſcontents of the people (at the burthens he neceſſi­tated you to continue upon them) he had any hopes by force to prevaile againſt you or avoid any conceſſion againſt that claime) and of this his ſo many denials to the Pro­poſitions of Peace, which both Houſes and both Kingdomes have ſo often tendred and renewed, yea, of thoſe foure only Bills, (concerning purely that publike Intereſt, and but a ſmall part of it, together with eſſentiall precautions for a Treaty,) doe aford abundant evidence; As to which laſt tender, it is apparent he had no pretext left for refuſall, from either ſcruple of Conſcience, matter of harſhneſſe to his party, or ought elſe, but the meer Intereſt of will and power, to himſelfe and his, which ſome Scottiſh and other correſpon­dencies (it ſeemes) then gave him hopes, yet by force to uphold; inſomuch as upon that refuſall (added to all the former) you found it neceſſary at laſt to take up thoſe reſo­lutions of no further addreſſes to him, but to ſettle the Peace of the Kingdom without him, and ſecure it and your ſelves againſt him, and in order thereto to keep his perſon in ſafe Cuſtody at Carisbrook Caſtle. But when (his other claimes ſo farre failing) it came to this, He that before would not have allowed the Parliament or Kingdom a Power for ſafety but at his will, would (at leaſt,) make you know, that, nor You nor the Kingdome ſhould have any Peace or quiet without him, and that neither Parliament nor any19 Power on Earth (what ever ills he had done,) might for it attach or meddle with his Sacred Perſon, no not ſo much as to ſecure him from opportunities of doing more; and for this laſt part of his Intereſt his fourth Armes, (the laſt warre) was rais'd (by Commiſſions from himſelfe to the Prince, and from him to as many more as would take any) and for the ſame, the Scotiſh Invaſion was procured. The pretext or quarrell in this laſt Engagement, ſeemed (as it were) to reach no higher then only to reſcue his priviledged Perſon, and force the Parliament, yet in a Perſonall Treaty, to ſeek Peace at his will, and to let them ſee they could not other­wiſe have it, not might doe ought againſt his perſon (no not to ſecure him from doing further miſchief) though he make Warre and refuſe Peace never ſo long: And for this laſt piece of his Intereſt (as oppoſite and deſtructive to that of the Pub­lick as any of the former) though a Divine Teſtimony has been born againſt it, as full and more glorious (if poſſible) then before, againſt any of the reſt as if God would thereby declare his deſigning of that Perſon to Juſtice; yet the Parliament after all this, reſtoring him (without any pre­ſatisfaction or ſecurity) unto a kinde of Liberty and State, only that he might appeare in a capacity to Treat, and then by Treaty ſeeking their Peace, and all their matters (before contended for, and (though God) gained againſt him) to come now as conceſſions from his will, doe clearely yeeld back that laſt piece of his claimed intereſt into his hands againe, and indeed (therewith) ſeem to render a more reall acknowledgement and yeelding to him, and againſt Parli­ament and Kingdome (as to the precedent juſt right of what ever's now demanded or granted as from him,) then all his verball wreſted conceſſions or confeſſions will be underſtood, to be unto Parliament or Kingdome, as to any future clear­ing or aſſurance of thoſe things.

But (to return to our purpoſe) The matters aforemen­tioned being the maine parts of publique intereſt original­ly contended for on your parts, and theirs that ingaged with you, and thus oppoſed by the King for the intereſt of his will and power, many other more particular or ſpeciall intereſts have occaſionally faln into the conteſt on each par­ty;20 As firſt on the Parliaments part, to protect and coun­tenance religious men and godlineſſe in the power of it, to give freedome and inlargement to the Goſpell, (for the en­creaſing and ſpreading of light amongſt men) to take away thoſe corrupted formes of an out-ſide religion and Church government, (whether impoſed without Law, or rooted in the Law in times of popiſh ignorance or idolatry, or of the Goſpels dimmer light) by meanes whereof, ſnares and chaines were layd upon conſcientious and zealous men, and the generallity of people held in darkneſſe, ſuperſtition, and a blind reverence of perſons and outward things fit for po­pery and ſlavery; and alſo to take away or looſen that de­pendance of the Clergy, and Eccleſiaſticall affaires upon the King, and that intereſt of the Clergy in the Lawes and ci­vill affaires, which the craft of both in length of time had wrought for each other; (which ſeverall things were the proper ſubject of the Reformation endeavoured by the Parli­ament.) Contrary wiſe on the Kings party, the intereſt was to diſcountenance and ſuppreſſe the power of godlineſſe, or any thing of conſcience obliging above or againſt humane and outward conſtitutions, to reſtraine or leſſen the preach­ing of the Goſpel, and growth of light amongſt men, to hold the community of men (as much as might bee) In a darkſome ignorance and ſuperſtition, or formality in Religi­on, with only an awfull reverence of perions, offices, and out­ward diſpenſations (rendring them fit ſubjects for eccleſiaſti­call and civill tyranny) and for theſe ends to advance and ſet up further formes of ſuperſtition, or at leaſt hold faſt the old which had any foundation in the Laws, (whereby chains and ſetters might be held upon, and advantages taken a­gainſt ſuch in whom a zeale or conſcience to any thing above man ſhould breake forth) and to uphold and maintaine the dependance of the Clergy and Church matters upon the King and greatneſſe of the Clergy under him, and in all theſe things to oppoſe the Reformation endeavoured by the Par­liament. Alſo on the Parliaments party, their intereſt (as well as duty) was to diſcountenance irreligion, prophaneſſe, debauchery, vanity, ambition and time ſerving, and to pre­ſer ſuch eſpecially as were otherwiſe given, [viz. conſci­encious,21 ſtrickt in manners, ſober, ſerious, and of plaine and publique ſpirits.] Contrary to theſe, on the Kings party, it was to countenance or connive at prophaneſſe, looſeneſſe of manners, vanity, and luxury of life and preferre eſpecially ſuch as had a mixture of ambition, and vain-glory with a ſer­vile ſpirit, rendring them fit to ſerve anothers power and greatneſſe, for the enjoying of ſome ſhare therein to them­ſelves; in all or moſt of which reſpects, it has been the great happineſſe and advantage to Parliamentary and publique in­tereſt, that it hath been made one (very much) with the in­tereſt of the godly, or (for the name whereof it has been ſo much derided) the Saints: as on the otherſide the King's, one with their greateſt Oppoſites, by occaſion whereof God hath been doubly engaged in the cauſe, (viz. for that, and for the righteouſneſſe of it.) And to this indeed (through the fa­vour and preſence of God therewith,) the Parliament hath cauſe to owne and referre the bleſſing and ſucceſſe that hath accompanied their affaires, which (accordingly as they have held ſquare, and been kept cloſe to this) have proſpered glo­riouſly, and (wherein, or ſo oft as this hath been thwarted, ſwerved from, or neglected in their manage,) have ſuffered miſerable blaſtings.

Thus have we endeavoured to give a juſt and plaine ſtate of the Parliamentary or publique intereſt, and the ſeverall parts of it, and of the Kings in oppoſition thereto, which have been the grounds or ſubjects of conteſts all along this Kings raigne, and eſpecially ſince this Parliament began, as may appeare in the beginnings, progreſſe, and ſeverall ſteps of the conteſt. And by what hath been occaſionally ſaid here­in, ſome judgement may be made, how far ſafe or good the accommodation is like to be that can be expected by the pre­ſent Treaty But the ſeverall and oppoſite intereſts being thus ſtated, we ſhall proceed more clearly to ſpeake a little to the queſtions ſtated before,

Firſt therefore, as to the goodneſſe (which firſt implies the juſtneſſe) of ſuch an accommodation, we cannot but ſuppoſe,

1. That where a perſon truſted with a limited power to rule according to Lawes, and by his truſt (with expreſſe cove­nant and oath alſo,) obliged to preſerve and protect the22 Rights and Liberties of the people, for, and by whom hee is intruſted, ſhall not only pervert that truſt, and abuſe that power to the hurt and prejudice of the generality, and to the oppreſſion, (if not deſtruction) of many of them, but alſo by the advantage of the truſt and power he hath, ſhall riſe to the aſſuming of hurtfull powers which he never had commit­ted to him, and indeed to take away all thoſe foundations of Right and Liberty, and of redreſſe, or remedy too, which the people had reſerved from him, and to ſwallow up all into his owne abſolute will and power, to impoſe or take away, yea, to deſtroy at pleaſure; and declining all, appeale herein to the eſtabliſht equall judgement, (agreed upon as it were betwixt him and his people in all emergent matters of diffe­rence betwixt them,) or to any judgement of men at all, ſhall flye to the way of force upon his truſting people, and attempt by it to uphold and eſtabliſh himſelfe in that abſolute ty­rannicall power ſo aſſumed over them, and in the exerciſe thereof at pleaſure; ſuch a perſon in ſo doing, does forſeit all that truſt and power he had, and (abſolving the people from the Bonds of covenant and peace betwixt him and them) does ſet them free to take their beſt advantage, and (if he fall within their power) to proceed in judgement againſt him, even for that alone if there were no more.

2. That if (after he is foyld in ſuch an attempt, brought to quit that claym, to confeſſe his offence therein, and give them ſome verball and legall aſſurances of remedy and future ſecurity, and his Parliament and people thereupon re­mitting or willing to forbear that advantage againſt him) the ſame perſon, ſo ſoon as he finds himſelfe a little freed from the advantage which drew thoſe Confeſſions and Conceſſions from him, ſhall go about to avoyd or overthrow all againe, ſhall deny them neceſſary redreſſes or ſecurity, ſtop or oppoſe them in going thereabout, deny them all power either of re­dreſſe or immediate ſafety, but at and according to his will, and aſſume the power to avoyd and oppoſe any thing they ſhould doe without him (who had ſo lately forfeited all the power he had unto them) and for all this fly to force againe, rayſe it without limit, by it protect Delinquents from judi­ciall proceeding, and reſume and exerciſe again alone (even23 fitting a Parliament) all the exorbitant and unlimited powers he ſo lately diſclaymed, proclaym that ſuppream Councell (by which he ought to govern himſelfe and the Kingdom) Tray­tors and Rebels (who had indeed ſo lately indulged him his firſt Treaſon and Forfeiture) and on theſe termes maintayn a warre many years againſt them (to the ſpilling of much blood and deſolation or ſpoyl of a great part of the Kingdom) try all meanes and intereſts by diviſions and parties ſtirrred up within, and invaſions from abroad to lengthen it out longer, and (after he was ſubdued, wholly in their power, and at their mercy) to revive and renew it, multiplying diſturbances, and never ceaſing till he had wearied all friends in his owne and neighbour nations, or ſo long as any hopes were left wherby poſſibly to prolong it; and all this meerly to uphold the in­tereſt of his will and power againſt the common intereſt of his people; ſuch a perſon in ſo doing (wee may juſtly ſay is guilty of the higheſt Treaſon againſt the higheſt Law among men, but however) muſt needs be the authour of that unjuſt warre, and therein guilty of all the innocent blood ſpilt thereby, and of all the evils conſequent or concomitant thereunto.

Now (to aſſume hereupon) whether the King have not, in the ſame caſe, acted all theſe things and more, wee dare appeal to the ſtory and evidence: If he have not, or can juſtly alleadge and make it appeare, that what he has acted therof has not bin for the intereſt of his will of power, or not a­gainſt the publique in tereſt of his people; or that the Par­liament or any particular party in the Kingdome have rayſed or continued the warre for private intereſts of their owne, and not for that publique intereſt of the Kingdome (which wee have before ſtated) but that they might have had all that cleared and aſſured to the Kingdome with quietneſſe, and would not accept it, let him then be acquitted in judge­ment, and the guilt and blame be laid where elſe its due. But if indeed he hath acted ſuch things and in ſuch caſe (as before expreſt) and all for the particular intereſt of his will and power againſt the Publick Intereſt of the Kingdome, then (without mention or conſideration of ought he has done againſt God and godlineſſe, or godly men, and though24 we have toucht but a few of thoſe many morall or civill Evils acted by him, (which have bin judged capitall in ſe­verall of his predeceſſors from whom he claymes, yet) from that alone which is before ſpoken of we may (without need of his late implicite Confeſſion) conclude that he has bin the Authour and Continuer of a moſt unjuſt warre, and is conſe­quently guilty of all the Treaſon it contaynes and of all the innocent blood, rapine, ſpoile, and miſchief to the Kingdome acted or occaſioned thereby; and if ſo, how farre the Pub­like juſtice of the Kingdom can bee ſatisfied, the blood, ra­pine &c. avenged or expiated, and the wrath of God for the ſame appeaſed without judgment executed againſt him, and conſequently, how far an Accommodation with him (implying a Reſtitution of him, when God hath given him ſo clearely into your power to doe Iuſtice) can be juſt before God, or good men, without ſo much as a judiciall Tryall, or evident remorſe, appearing in him proportionable to the offence: We thus recommend to your ſaddeſt and moſt ſe­rious conſideration, who muſt one day be accomptable for your Iudgements here on earth, to that which is the higheſt and moſt juſt; indeed both as to the juſtneſſe and Publike benefit of ſuch an Accommodation, wee ſhall confeſſe if there were good evidence of a proportionable remorſe in him, and that his comming in again, were with a new or changed heart (as to theſe things he hath formerly fought againſt, and from thoſe he hath contended for) his offence being firſt judged according to Righteouſneſſe, his perſon might be ca­pable of pitty, mercy and pardon, and an Accommodation with him, with a full and free yeelding on his part, to all the aforeſaid parts of Publike and religious intereſt (in conteſt) might in charitable conſtruction be juſt (poſſibly) ſafe and beneficiall; or if the heat of War (before God had ſo clearly given his double judgment againſt him in the cauſe, or deli­vered him into your hands for yours) and while affairs ſtood in ſome equall ballance, you then in love of peace (which tis good to ſeek with all men) & for ſaving of further bloodſhed and miſery to the kingdom (which in that caſe you could not otherwiſe avoid) had upon a full proviſion for the matters in queſtion, and good ſecurity for future againſt him, made a25 by Accommodation with him (as by your many Addreſſes, you indeavoured,) it might have been excuſeable in point of prudence, (though you had incur'd a more remote future hazzard, becauſe thereby you had avoyded another more im­mediate and preſent; yea the hazzard had been leſſe, becauſe to what he had then agreed, all men would have accompted him bound, being then unqueſtionably free,) and the point of Juſtice had not then been ſo clearly required at your hands, becauſe not yet altogether in your power: But, as this whole latter Suppoſition is, by time and the good hand of God to­wards you, excluded the caſe, ſo neither is there any color­rable ground for the former, but evidence of the contrary: For, as to that only colour of any change of heart in him, with his implicit confeſſion of a fault, in yeelding to your firſt Propoſition does import; Firſt, how ſlight and ſlender that confeſſion is, the tenor of the Propoſition may ſhew; And yet, had he timely, freely and clearly confeſt but ſo much, as from conviction, or remorſe, or from a ſence of the hand of God againſt him, or had left us but a ground of charity to beleeve it ſo, we ſhould have thought our ſelves bound to re­gard it with proportionable tenderneſſe towards him; or at leaſt, ſhould have thought it not ingenious nor Chriſtian to take advantage, from ſuch confeſſion, the more to proſecute him for it; but having ſo long and obſtinately, both in word and practice, till now, denied it; and never confeſt it, un­till all his other waies of force, policie, or fraud (whereby he hath attempted to juſtifie himſelfe) had fail'd him, and no other ſhift left, but by this forc'd (yet ſeeming yeilding) ac­knowledgement to ſave himſelfe, and delude the people, (untill he can find or work out ſome new advantage) and confeſſing it now but conditionally, viz. ſo as you agree with and ſatisfie him in other things (which kind of confeſſion, where the matte in queſtion is concerning true or falſe, juſt or unjuſt, and extending to innocencie or horrid ſinne, does ſeem to imply ſuch Hypocrriſie as (we think) was never yet ſo proclaimed before God and the world) and when, at the ſame time, while thus in words he confeſſeth it, yet in practice he denies it ſtill, by his continuing, and not recall­ing his Commiſſions to the Prince, and other Engliſh Rebells,26 and Revolters; yea to Ormond and his aſſociated Iriſh Rebells alſo (all which are ſo contrary to that verball Confeſſion) and by his trying all Intereſt ſtill, to make a party, againſt it; in this caſe, it were ſtupidity (rather then Charity) nay in­deed (we think) a wrong to his intentions, to underſtand that confeſſion as from inward remorſe or conviction; ſo that (as the caſe ſtands) it goes only ſo farr, as may ſerve for fur­ther ground of condemnation againſt him, but not at all of ſatisfaction from him.

And admitting no ſuch change or conviction (even when there are verball confeſſions and conceſſions carrying a ſem­blance thereof) but that his reſtitution would be with the ſame principles and affections, both as to civill and Religious intereſt, from which he hath acted the paſt evills; and after ſome former like acknowledgements and agreement, hath re­turned to the ſame by aſſe upon his next advantages; then, be­ſides the unrighteouſneſſe of the Accommodation, and re-ad­miſſion (which is before already cleared) and beſides mat­ter of danger, (which we ſhall ſhew in it's place) we deſire all good men to conſider: As to the other point of good, (viz. the publique benefit (what fruits can be hoped from ſuch a Re-u­nion or renewed communion betwixt thoſe contraries, God hath once ſo ſeparated, viz. of principles or affections of li­berty, with Principles of Tyranny, Principles of publique In­tereſt, with Principles of Prerogative and particular intereſt; principles of zeale, and the power of godlineſſe, with prin­ciples of formality and ſuperſtition in Religion (we might ſay indeed, of light with darkneſſe, of good with evill) as would be implyed in his reſtitution to be, (as it were your Head) your King again, and to have that high truſt and in­fluence in relation to our Peace, Rights, and Liberties (civill and religious) with the ſame Principles and affections, from which he hath ſo much and ſo long oppoſed them? For, if his Kingly Office be not of uſe or truſt in relation to them, what needs his reſtitution? if it be, then this doubt holds juſt.

Next, to the other part of the preceding Queſtion, (viz. Concerning the ſafety of an Agreement, for his re­ſtitution, eſpecially ſuppoſing no reall remorſe, or change,27 but the ſame principles and affections) although in the termes of the Accommodation and Reſtitution, you had a more ample conceſſion of the publique intereſt in queſtion, then you are like to have when he hath granted all you have demanded, and as full ſecurity for future obſer­vance of the agreement as words or Letters, (yea Oaths) can give; and though we might ſuppoſe him as true and juſt in the obſervance of ſuch an agreement as other Kings or Princes (once given up unto, and ingaged upon ſuch principles and waies of tyranny, or ſelfe-intereſt) uſe to be; yet firſt in ge­nerall we might make a juſt appeale to the experience of A­ges and Nations, what danger there is in any ſuch Accommo­dations, both to the publique intereſt in conteſt, and to the perſons or parties that have ingaged for it, and we might challenge all Story for one inſtance in the like caſe, viz. where any ſuch King claiming and aſſuming ſuch Powers and Prero­gatives over a people beyond his bounds, and (upon oppoſition from the people the rein) flying to force, and in a warre upon them, indeavouring to gaine the ſame by conqueſt, but in­ſtead thereof loſing both what he ſo claimed, and all he had before in a full conqueſt, on their parts, over him (we ſay in ſuch caſe) we would faine ſee an inſtance where ever (after ſo long a warre, ſo much blood ſpilt, and ſuch ſpoile made) the people having at laſt wholly ſubdued him, and gained their owne Cauſe in that way of force and conqueſt, to which he had ſo appealed, and having him and his party captivated, and in their power, did either willingly ſubject all to queſtion a­gaine in a Treaty with him of their owne tendering, or by it ſeek both that publike intereſt, (or rather but a ſlender portion of that which God had ſo wholly and freely by his righteous judgement given unto them) and even their owne ſafety and Indemp nitie therewith, to be had (all) as Conceſſions from that their enemies hand, and (balking him as a perſon not pu­niſhable or acconntable for whatever evill he had indeavoured or done) to reſtore him upon ſuch Conceſſions to his Throne a­gaine: we ſay, we would gladly have a parallell inſtance, where ever indeed any people before this were in the like caſe given up to ſuch a prepoſterous and ſelfe-deſerting way, or an inſtance of (almoſt) any Accommodation of like kind at all,28 with a re-admiſſion of ſuch a perſon to the ſame Office, State, and Revenue, (with the leaſt ſhadow of the ſame power) or to the leaſt footing therein, upon the ſame account or claime of right, (on the foundation whereof, he had before aſſumed ſuch powers) wherever ſuch accommodations proved ſafe either to the publike intereſt in conteſt, or to the perſons ingaged there­in, or did not prove ruinous to the one and the other, or at leaſt end, in the irruptions of new and more bloody and bit­ter conteſts about the ſame things either in the ſame or ſuccee­ding age, and thoſe with more hazzard and diſadvantage to the publique intereſt and party adhering thereto, then the for­mer; or where indeed any people contending and once in­gaging in warre againſt a Tyrant for their Liberties, did ever fully redeem and hold the ſame with a readmiſſion of him, or without (firſt or laſt) diſclaiming and renouncing all de­pendence on him, or accord with him for the ſame, and an ut­ter rejection, expulſion, and depoſure, either of his whole race, and all that claimed upon the ſame account of right, or at leaſt, of his particular perſon, and execution of juſtice up­on him, if he fell within their power: With this latter way of proceeding we have heard many inſtances of people, fully recovering their Liberties, and happily retaining the ſame; but without it, or in the former way of accommodation and reſtitution, we have not heard, or read of any ſo ſucceeding; there is abundant experience to reach us how ordinary (yea, we may ſay conſtant) a thing it hath been for Kings and Prin­ces in ſuch caſes, when they could not prevaile in the way of force, to leave that, and apply themſelves by fraud to accom­pliſh their ends and wills upon the people; and when in ſuch conteſts with them by the Sword they have been brought into ſtraights, then to cry up peace, and under that glorious golden baite, which the people wearied with warre, and the troubleſome and chargeable concomitants thereof, are moſt apt to catch at, having drawne them into waies of accommo­dation, to make ſome fained yeelding up of thoſe Prerogatives and advantages, they find, they cannot hold, and by large promiſes, Conceſſions, and aſſurances on any termes, to make agreements with them, whereby to quiet the people, and get themſelves into the Throne againe; and yet afterwards, up­on29 on their next advantage, to breake, and make void all againe, and proſecute ſuch advantages to the overthrow both of the publike intereſt, and thoſe that had ingaged for it, without regard of Faith or Oath, (further then neceſſity hath held them thereto) where any advantage for the accompliſhing of their ends hath lead them to a breach; how apt firſt ſuch Princes are to this, and next how eaſie it is for them, when they find advantages, to find occaſions alſo, and pick quarrells to make a breach, even with a colourable ſaving to their faith and honour, ingaged in ſuch agreements; and laſtly, how eaſie alſo, after they are ſo got into the ſaddle againe, and the peo­ple by their faire Conceſſions, Promiſes and Ingagements, lull'd into a ſecurity, to find or work out ſuch advantages to themſelves, and proſecute them to greater prejudice both of the publike and the particular perſons ingaged for it, then be­fore ſuch conteſts begun, or without ſuch accord thereupon, they could have done, as experiences do abound, ſo there wants not reaſon enough to teach us.

For the firſt: Where a Prince is once given up to that ſelf-in­tereſt of his Will and Power, ſo as to make it his higheſt end, or (at leaſt) to preferre it above the publike Intereſt, and welfare; yea above the ſafety and peace of his People (as where he makes Warre againſt them for it, it is apparent he does,) and to preferre it above Religion too, (as is evident, when he attempts the moulding and forming of Religion to ſubſerve that end,) ſuch a perſon ſure cannot want any prin­ciples of falſhood, cruelty, or revenge ſuitable to ſuch an end; neither in reaſon is it like, that he will regard any In­gagements of Faith, or Oath; or ſtop, or boggle at any thing of that kinde, further then neceſſity does hold him thereto, or where a neceſſity or advantage, for the accompliſh­ing of that his higheſt end, does lead to a breach: And indeed, when the bonds once accepted by him with unqueſtionable freedome (at his admiſſion to the Throne) the bonds of Law, yea the fundamentall bonds of truſt betwixt him, and his Peo­ple, the very Covenant of peace, yea the Oath of God be­twixt them would not hold him, but of his own mind (with­out occaſion before given) have been all violated by him; and30 (to juſtifie himſelf, and protect his Inſtruments in that) the law of Force (admitting no bounds but power) hath been choſen and ſet up by him, and proſecuted to the utmoſt in a long and bloudy Warre; how can it be expected, that the bonds of new Conceſſions and Agreements (with what ever aſſurances that are but verball, or literall) being impoſed by force upon him, or yeelded to from nothing but an invincible or powerfull neceſſity, can be of more awe or regard with him, or power to hold him, when an advantage to gain what he ſought, or recover what he loſt, does offer it ſelf? And as for revenge, how naturall it is for a Prince, ſo given up to that ſelf-intereſt of will and power, and how neceſſary to his inte­reſt to ſeek and proſecute revenge againſt all eminent oppo­ſers, and much more the oppugners thereof; we wiſh your own reaſon, and the experience of others may rather warn you, then that you ſhould put it to triall in your owne caſes.

And hath your and our experience of this King with whom we have to do, given cauſe to hope better things from him, in theſe reſpects, then other Ages or Nations ever found from other Priuces in the like caſe? Firſt, for point of Faith-keep­ing (beſides his firſt numerous breaches of his originall Faith to his Kingdomes in the whole mannage of his government and truſt, before the Warres,) witneſſe his Accords with the Scottiſh Nation, and how he kept them; his ſeeming com­pliances in part with this Parliament (in the time of his ſtraights) and faigned acknowledgments of paſt errors, with promiſes of redreſſe, and future amendment, untill your bounty, in paying off the Scots and Engliſh Armies at that time, had delivered him from thoſe ſtraights; and then, ſo ſoone as you came to thoſe particulars which ſhould have effectuated that redreſſe, and aſſured future remedy, by ty­ing his hands, and deterring others from the like exorbitan­ces, immediately flying out again to higher and greater; and (firſt by policie, then by force) going about to overthrow thoſe foundations of remedy which he had granted, in the aſcertaining of this Parlinment, &c. And let thoſe many particulars of hypocriſie, diſſimulation and trechery, couch­ed31 under his faireſt Overtures, Profeſſions and Proteſtations, which your ſelves in ſeverall Declarations have obſerved and recorded, beſpeak what cauſe there is, to confide in his pro­miſes or Ingagements. As to his innocency in point of re­venge, witneſſe thoſe petty revenges, after ſeverall Parlia­ments (and yet ſome of them extending to death through hardſhip of impriſonment) which were ſought and taken a­gainſt ſuch Patriots as had, in them, appeared but to aſſert the common Liberties againſt his Intereſt: Witneſſe his attempts of higher in the proceedings againſt the Members hee im­peacht; and let the ſeverall Deſignations of ſome to the ſlaughter, ſome to exile, others to priſons, all to miſery of one ſort or other, which, upon any hopes of prevailing in the for­mer or later Warre, have been made againſt his eminent oppo­ſers amongſt you, ſuffice to teach you and your adherents, what mercies might be expected from him and his Partie, if he ever had, or yet ſhall gain the advantage over you.

Next, for the facility of a Princes finding occaſion and quarrell after ſuch an agreement, to make a breach, when he finds his advantage; and yet, with ſome colourable ſaving to his Honour: We know, in all mutuall Agreements (where each party grants and takes, and ſomthing is to be made good on each party towards the other) how eaſie it is to finde, or pretend a failer of full performance, and thence to avoid the obligation to th' Agreement; and eſpecially, in A­greements of State, if all matters of power, truſt and right are not fully cleared and determined ſo as to ſtate the ſupreme truſt, and concluſive Iudgement to all intents and purpoſes fully and abſolutely in one party or other, but that ſomething be left divided, or at leaſt ſuſpended betwixt them, in ſuch caſe how eaſie is it for the party that is looſer by the agree­ment to find or faine an intrenchment of the other beyond the ſtated bounds, and thence to make a new breach when be ſees his advantage for it? But however when any thing within the compaſſe of what was ſo left ſuſpended does in practiſe, come to queſtion, and difference, and neither party truſted ſingly to conclude, there is a clear Foundation for a breach, unleſſe they either agree to lay the matter aſide, (which perhaps the32 gaining party cannot, and ſo (by the looſers meer ſtanding off) may be neceſſitated to appear the firſt Actor in a breach,) or elſe come to a new Agreement upon every ſuch particular: We know beſides, what Court Maximes there are amongſt the Kings party concerning ſome fundamentall Rights of a Crown, which the King cannot give away; and their common ſcruple, whether a King, granting away ſuch or any other he­reditary Crown-Rights, can oblige his Heires or Succeſſors, or exclude their claim; But if all other pretexts faile, their Non-obligation to what is wreſted from them by force, in a powerfull Rebellion (as they count it) will ſerve ſuch a Kings Conſcience for a ſhift, to make a breach, where he findes his advantage. And are not all theſe occaſions or pre­texts obvious in our caſe? To ſay nothing of the matters of Supreme Power and truſt which (though all your Propoſiti­ons be granted, will yet be left divided or ſuſpended, not on­ly betwixt the ſeverall Houſes, but betwixt them both and the Kings; nor yet of the imperfect bargaining for ſeverall parts of it (which by the tenor of the Propoſitions are taken ſome, (as it were,) by Leaſe, all by grant from the King, ſo as to confirm rather then weaken his claim of the Originall right to be in him and his,) from both which kinds of defect or un­certainty in th' Agreement there will be left many apt occa­ſions and particular grounds for a breach when time ſhall ſerve; Is it not apparent, that from that more generall conſideration of the condition of the King in this Trea­ty, and the force or neceſſity lying upon him, a ground of evaſion or exception lies to the whole agreement as not obliging to the King, whatever Conceſſions or aſſurances are ſo drawn from him? what account the King and his party do upon that ground make of the Treaty, beſides the common voice of them all in all corners, that the King (good man) is meerly forc'd to what he grants, we may ſee it publike­ly and authentickly avowed by the Prince and his Coun­cell, in his Declaration in anſwer to the Earle of War­wicks Summons of the revolted Fleet at Goree, where (beſides other paſſages hinting the ſame thing) the Prince clarely ſaies:[The KING in truth is ſtill in priſon,33 with ſuch circumſtances of reſtraint, as (to ſay no more) are not uſuall in the caſe of the moſt private perſon, & whoſe delivery and freedome therefrom all his Subjectes are ob­liged to indeavour, by the Lawes of God and man, to their utmoſt hazard, and afterwards invites the Earl of Warwick to joyn with his Highneſſe in the reſcue of his Royall Father from his unworthy impriſonment.This, being in anſwer to that ſummons, wherein the Earle of Warwick invited the Ships to come in upon that very ground, (that the King and Parliament were in Treaty for Peace) we can take to intend no leſſe then a plaine diſſavouer of this Treaty, and diſclay­mer of whatever ſhall be concluded thereupon, and (coming from the Prince and his Councell) conſider him as heire ap­parent, it ſerves at leaſt to acquit himſelfe and poſterity, from being concluded by what his Father in ſuch caſe ſhall con­ſent unto, to the prejudice of the Crowne; and (conſider him as having by his unlimited Commiſſion, as Generaliſsimo, the higheſt power of the Kingdome, which the King could deviſe to give, and ſo he and his Councell, while the King is in durance, being the next viſible head of the Kings party, and having the higheſt truſt in relation to the intereſt of the King, his Crowne, & party) it is alſo (on the Kings and their behalfe) the moſt Authentique Declaration of their ſence of the Treaty, which could well be expected in the caſe (while the King and his Councell here being ſuppoſed under force as to all things elſe cannot be ſuppoſed free in that point to declare his reall Judgement) and ſo it may ſerve in behalfe of the King, his Heires, and whole partie, as a Proteſtation againſt any concluſion by this Treaty, or what ever ſhall therein be drawne from him to his owne, or their prejudice. And indeed the King himſelfe in divers of his Papers, that have come from him to you in relation to this Treaty, has (in ſuch loft Language as might befit the condition of your priſoner) inſinuated the ſame ſence of the Treaty, and his condition there'n and of the validity or repute of any concluſions thereupon, while his condition ſhould remaine34 the ſame, and not more free; And theſe ſeverall Declara­tions and inſinuations hereof being ſent, thoſe from the King immediately to your ſelves, that from the Prince, (his Generall) to your Admirall, and from him to your owne hand and both being ſent you during the Treaty be­fore any concluſion upon it, will remaine upon record be­fore you perpetuall witneſſes againſt the validity thereof, or any obligingneſſe a to rhema. Nor is it his or their ſence alone, or without grounds to gaine beliefe, but (conſidering he is but ſo ſmall a ſtep removed from the Caſtle, where he was your abſolute priſoner, and ſtill confined within the Towne or Iſland, (which is your Garriſon) and ſo remain­ing under the power of your Guards, and even in that con­dition being but upon his Paroll) we doubt the ſame ſence and judgement thereupon will be aptly made and received both by intelligent ſpectators of this and neighbour Nations, and by ages to come, and that the degree of inlargement you have afforded him (with the pettit State added) will be under­ſtood but as a Mock-liberty, and counterfeit of State, inten­ded onely to ſet him up in ſome colourable Poſture and equi­page to be the more handſomly Treated with, but not as a ſetting him free from your force or leaving him free in what he grants, ſo as to render it obliging when granted; But though, as to the realitie of the caſe, there might be free­dome enough to make his conceſsions in honeſtie obliging, or his abſolution therefrom (at leaſt) diſputable, yet hee and the Prince in his behalfe having (as is before expreſt) in the bſt way they could, declared to you before hand, that their ſence to the contrary, as to his on their part (his condition in the Treaty ſtanding as it was,) if you after ſuch faire and timely warning would needs yet proceed in Treaty, without alteration of his condition or the termes of it, and come to concluſions therein to binde up your ſelves who will not ſay he and his party had reaſon ſo far to comply with your proceeding upon it, and yet account that as to any ob­liging on their part (whether he were really under dures or35 not, yet) their timely precaution to you concerning their contrary ſence of it, was a ſufficient acquittall of them, not onely from be­ing bound by any agreement upon it, but from any imputation of deceitfull dealing with you, (though they obſerve not what ſhall be ſo agreed upon) ſince (after ſuch precaution from them) it was your owne fault, and at your owne perill, if you would pro­ceede with them upon ſo rotten a foundation, ſo as if you be cozen'd you cozen your ſelves and cannot blame them, or any bo­dy elſe for it.

And truly this conſideration as (when we firſt took notice of thoſe paſſages in that Declaration from the Prince and the Kings Papers) it did more awaken us to conſider your hazards in this Treaty then before, ſo it ſerves moſt clearely to ſet forth the miſerable ſtraights and ſnare you are thereby intangled in; to look no further into particulars, that great and dangerous evill, of old ſo much declined and abhorred by you and our Brethren of Scotland, and more lately ſo much ſtrugled againſt by your ſelves in the previous debates concerning this Treaty, (viz. the Kings return to London and to his Parliament and Throne againe, without ſatisfaction and ſecuritie before given,) is thus, at laſt like to come upon you, and that upon worſe termes (if you proceed in this Treaty to conclude your ſelves and re-admit him) then if you had let him come without any foregoing agree­ment at all, for had you let him come ſo, (both your ſelves, and he being free) if then he had granted any thing of ſatisfaction or ſecurity, all men would have accounted him bound by it, and the conceſſion valid, or if he had denyed you neceſſary things in that kinde, your further proceeding in other wayes to ſecure your ſelves and the Kingdome againſt him, would have beene thought more neceſſary, juſt and cleare, and though (being at liberty) he had perſonally headed his party in the City, and elſewhere with greater advantages then ever, to aſſert once more his old quarrell in a new Warre, yet you had knowne the worſt ont (viz, To fight it over againe, but ſo much the ſooner,) but in the way you are now ingaged in, the King has the advan­tage to yeeld to any thing at laſt which he cannot get you to abate, and yet when (having granted all) he gets (upon your36 owne termes, (to his beloved Sear and Throne againe; behold he is free, (as if he had granted nothing) to take the beſt advan­tage againſt you when hee ſees his time, and meane while may reſt ſecure in a good condition and waite his advantage, having got your hands bound, till he finding it, ſhall ſtricke the firſt ſtroke againe, which (tis like) he will make a ſure one (if he can) to diſable you from a return, and ſo we proceed to the next conſidera­tion, Viz. how eaſie tis for a Prince, after ſuch accomoda­tion (admitting him either not bound, or not conſcientious of his bonds, or having occaſions or pretexts for a breach) to finde or worke out advantages, whereby to overthrow all he has granted to the publique intereſts, and (in the ruine of thoſe that engaged againſt him for it,) to ſet up his owne above all, which for brevity we ſhall not ſo much conſider generally in the com­mon advantages which Princes in ſuch caſe uſually have, as particularly in thoſe which this King clearely has or is like to have in this of yours.

The King comes in with the reputation (among the People) of having long graciouſly ſought Peace (although indeed ever ſince he found you in condition to oppoſe his Force, It was his inte­reſt, and his beſt play, and eſpecially ſince you had beaten his Force, it was his neceſſary and onely play) he comes with the reputation of having long ſought it by a Perſonall Treaty (which at laſt has proved as he Propheſied, the only effectuall meanes) and ſo you having ſo long denied that, and only plyed him with peremptory Propoſitions, and yet at laſt granting it, are (in that ſelfe Condemnation) rendred by his Friends as having deceit­fully, or unneceſſarily continued Burthens, and refuſed Peace ſo long, in refuſing that the Kings way, in which you might as well have had it ſooner as now (although the truth is, neither the Treaty, nor the Perſonality of it have advanced the buſineſſe one jot, ſince the King grants now the ſame things, and in the ſame termes which he has ſo oft in particular denyed, yea proteſted and ſworne he would not, and the alteration is farre enough from Conviction by Treaty (as is before demonſtrated) and vi­ſibly from a greater neceſſity or advantage found now to induce the yeelding then formerly. He comes alſo, with the reputation of37 having granted for Peace ſake all that you (as unwilling to Peace) have rigidly ſtood upon (although when 'tis ſummed up 'twill appeare very little of advantage, or ſecurity to Publique in­tereſt, and (by a trick or reſerve that he has) nothing at all as before is ſhewed, yet however) with the People he carries theſe and the like points of Reputation before him, and wants not Trumpets every where to blaze them ſufficiently to his renowne, and your reproach, and (under ſuch Banners of Love and Honour) He comes in, The only true Father of his People (you being proved their cruell Foſter-fathers) he the Repairer of their breaches, (which you had made) the reſtorer of their beloved Peace, eaſe, and freedomes, (which you, as his Creatures render it, had ra­viſht or cheated them of thus long) the Reſtorer of their Trade and plenty too (which you had thus long obſtructed) He a Con­querour in ſufferings and patience, a denyer of himſelfe for the good of his People, and what not that's glorious and endearing? And thus would the People be lull'd (and indeed cheated) into a ſecurity, as to any further apprehenſions of evill from him; yea poſſeit with acknowledgements and expectations of all their good from him, and their jealouſies awaken'd againſt you and your adherents only. And yet (to heighten the ſame more into perfect hatred) you (as wiſe, yea as honeſt men for their ſafety and inte­reſt, though they ſee it not) muſt continue an Army and Garri­ſons ſtill (and that) not the leſſe, but much more for his com­ming in againe, then if you had taken another courſe utterly to ſhut him out (as we ſhall ſhew anon) and ſo you will be neceſſi­tated, notwithſtanding the Accommodation, to continue Taxes and Impoſitions for the maintenance of that Force, to the bur­then and grievance of the People, and the greater increaſe of their diſcontents and hate towards you; For if after this accom­modation to eaſe and ſatisfie them, you ſhall ever disband your Forces (while the King at's liberty, and in's Throne againe) you give him his end or wiſht opportunity, in laying your ſelves, your adherents, and the Publique intereſt all levell againe with Him and His (as if you had never prevailed, nor had any advan­tage over them) and ſo for all your ſatisfaction and ſecurity you are at the Kings courteſie ſtill, and (if he will breake) you are38 but where you were at firſt, and the Publique intereſt nothing advantaged or ſecured, by ought obtain'd or done in the Warre; but the King in the ſame, and much fairer poſſibility to re­vive the old Quarrell, renew his Force with greater advan­tage, and put you to Fight it over againe, or rather may carry it without Fighting, ſince (after ſo much blood and coſt, and trouble for nothing) 'tis not like you'le finde a competent Party, for th' oppoſing of him ready to ingage againe on the ſame termes, and if he gaine any ſtrength to appeare for him (which who can doubt when your Forces are disbanded, confidering what a numerous Party he has ingaged to it in intereſt and neceſſity, others inclined to it by principles and temper, others in humour and diſcontent againſt the preſent Government) the generality of people wearied with the for­mer Warre (whereof they have found ſo great miſery, and ſo little fruit) if they ſee a ſtrength on his part threatning a new Warre, and none ready on your part to ballance it, (which might hold them (at leaſt) in neutrality) will ſurely be more apt to joyne unanimouſly with him, or let him have what he will that there may be no Warre, then joyne with you to main­taine another Warre (to ſo much prejudice, and ſo little pur­poſe as they have found the former.) And if to appeaſe the King, and his enraged Party, a ſacrifice of thoſe that oppo­ſed him in the former, will ſerve the turne, the people ('tis like) will be ſo farre from ſticking at that, as 'tis ſome Que­ſtion to whom 'twould be more acceptable (the King or them?) the people by the Cavaliers clamourous and cunning ſuggeſtions, and the advantages you have given thereto (through the un­ſetled, endleſſe, and fruitleſſe wayes of trouble you have held them in) being already pretty well poſſeſt, and by that time like to be further perſwaded againſt you, as if in all this Warre you had meerely couzen'd them; ſo as you are like to have their hate no leſſe (as for abuſing them) then the Kings for oppoſing him.

If to ſecure that little advantage to publique intereſt (which in the preſent way you will have gain'd) or rather to prevent a totall loſſe of all thereupon, you continue a ſufficient ſtrength, and therewith Taxes and Impoſitions to maintaine it; thoſe, as39 they are alwaies grievous to the people, ſo they will (after the peace ſuppoſed to be ſetled) be ſo much the more diſcontenting by how much they may be then deemed unneceſſary; for the King, having in the tearmes of Accommodation, granted what your ſelves did aske, and therein ſuch ſuppoſed ſecurity, as that you need not feare new troubles (though few will conſider wherein that little ſecurity does lye) or at leaſt (by his yeeld­ing as it were for peace ſake, to all your demands) having gi­ven (in the peoples apprehenſions) ſuch aſſurances of his love to peace, as that no danger of new warre or trouble ſeemes to be feared from him; in this caſe the continuance of Forces and Taxes will ſurely be thought no further needfull for any pub­lique end (for, in common judgement, if Warre made Soul­diers needfull, then ſurely Peace muſt render them needleſſe.) And therefore it will be aptly thought (if yet Souldiers be kept up, and Taxes continued) it is ſure either for the gaine, or ad­vantage, or ſome private deſigne of thoſe that continue them, And upon theſe grounds (with unwillingneſſe and backward neſſe to pay Taxes, and diſcontents at the burthen of them) there muſt naturally grow up jealouſies and heart-burnings againſt thoſe that require them. Theſe to foment and inflame to the height, and thereby to ſweeten and endeare the King with the people, will be his and the Cavaliers ſureſt play, and otherwiſe to ſit that while (if they have the patience) as ſtill as Lambs. How colourable and plauſible will it be, for them to ſuggeſt, and how apt for the people to receive, That the King is no way to be blamed for any of thoſe burthens, he (Good man) has yeelded to any thing, and done what he could, that there might be no need of them, and now he gives no conſent to them, but the Parliament does them without him, and have bound up and excluded him from his wonted Negative Voice therein, otherwiſe he would refuſe and hinder them; but be­ing not in power to helpe the People, he can onely pitty them in theſe things; And now they may ſee what they gaine by their Parliaments, or how much it is to their common prejudice (as well as the Kings,) to have the King in any particular ex­•••ded from his Negative Voice, and the Parliament free to40 proceed in ought without him. And thus eaſily may the peo­ple (from their common unwillingneſſe to part with Money (though for their reall ſafety) be at once inflamed into a refuſall and oppoſition therein, and deluded into a reſentment of that which is the Kings intereſt, as if it were their owne, and ſo in­gaged with and for him and his Party; as having one common Cauſe with themſelves. And if thus they be once heightned but into a reſolved witholding of payments for the maintenance of that neceſſary ſtrength you keepe, for the common ſafety and peace, you muſt then either give the King his End and ad­vantage, (as is before expreſs't) in diſſolving your Forces, or elſe uſe extraordinary wayes of power and rigour towards the People, to inforce ſuch neceſſary payments, which will ſtill inrage them higher againſt you, and ſerve to endeare and ingage them more to the King and his intereſt (colourably) in point of their Liberties then, as well as their eaſe before; untill at laſt the People (for both) being rais'd againſt you, and therein joyning with, and being headed by the King and his Party (whoſe intereſt ſo far ſeemes one with theirs) you (un­leſſe you'le give up all) muſt come to make a Warre againſt the poore deceived people for that which is really their owne cauſe: And the King by the People (as it were for their pro­per Liberties and Intereſt) may make Warre againſt you, to th'erecting of his owne, and th'overthrow of the common In­tereſt, both yours and theirs. For ſolution of which ſeeming Riddle, much needs not to be ſaid, ſince that you contend for is, their generall, Fundamentall, and perpetuall Liberties, for the preſervation whereof you'le be forc't to preſſe upon them in particular matters, againſt their preſent eaſe and Freedomes; and the People being ordinarily more affected with the latter (as more immediate and ſenſible) and leſſe with the former (which are more remote and onely intelligible,) The King clo­ſing with them under pretence of the latter, (which they can feele) may eaſily ingage them, to the prejudice of the for­mer, (which they hardly diſcerne.)

By what wee have here ſaid, it may (by the way) appeare how much it is for the Kings intereſt and advantage (ſince he41 cannot carry all by force or war) to make a Peace on any terms, though in words never ſo much to the diminution of His Power, if thereby He can but ſecure Himſelf, and get into His Seat again; and conſequently we may the better gueſs, how far Converſion or Conviction hath place in His preſent yield­ing to things He hath ſo often ſaid and ſworn He never would; and in His granting now, at the motion of His Engliſh Par­liament, what He hath ſo oft denied at the preſſing inſtance of both Kingdoms: For, having ſufficient proof of your pre­ſent Forces, that they will neither be drawn to ſerve His turn themſelves, nor eaſily ſuffer others that would; and ha­ving found in the laſt Summers Deſign, that it would not perfectly take with the Body of the People, to cry down your Army (though with decrying of Taxes to boot) while no ſeeming Peace was ſetled (no, though with the Cry for their Disbanding, they cryed up Peace and a Treaty in order to it) He therefore now ſees He muſt clap up a Peace on what terms ſoever, and (that done) His way is clear: The Par­liament then may eaſily and ſoon be put to it, to denude them­ſelves of their Strength in a Disbanding, and ſo ſet Him even with themſelves again, or elſe (if they refuſe) the People may be wrought to undo all for Him (whatever He hath granted) without His appearing for His own Intereſt to make any breach. And as upon this ſingle ground many Nations before us (by like Accommodations with their beaten Tyrants) have from the faireſt attempts and hopes of Liberty, faln to an utter loſs of it, yea to an abſolute Bondage, and been made the Inſtru­ments thereof themſelves: So by this one conſideration (though there were no more) it may appear, how eaſie it is for any Prince, and particularly for ours (after ſuch an Accommodation made, and Himſelf reſtored) to finde, or work out advan­tages, whereby to overthrow what He hath granted, raiſe His own Intereſt higher, and depreſs the Publique lower then ever before: And yet we have touch'd but one of thoſe many ad­vantages that, in ſuch caſe, lie clear before Him. We might re­flect upon that of His numerous party engaged by Intereſt, Neceſſity, and otherwiſe, to ſerve Him ſo long as He remains42 in poſſibility to Head them; towards whom proceedings have been ſuch, as have ſerved to imbitter and inrage them unto, and yet not to diſable or diſcourage them from further Attempts againſt you, and towards whom (by His continuing King) you will be the more neceſſitated to proceed ſtill upon the ſame ſtrain in both Reſpects. We might mention alſo their great Fa­milies and relations, and their Intereſt of Influences within the Kingdom, and we might inlarge upon the conſideration of the two other Kingdoms He hath to work by, from which we have found ſuch powerful parties ready to ſerve His Intereſt, the one to make Prize and Advantage of this Kingdom, the other (at leaſt) to deliver themſelves from your Yoke, by helping to put His upon your and our Necks; All which, if they were to be feared, when He hath been in no capacity to Head them (as in the laſt Summers War) then much more when He ſhall be; and though they be much to be feared in relation to His heading of them, while He, by His ſuppoſed impunity (what ever He does) hath encouragement to make all poſſible Tryal of them, and they hopes, That if ever He prevail, He may make them a­mends, or procure their impunity at laſt; yet (that being once confuted by an Example of Juſtice upon Him for ſuch At­tempts) they would not then be (in Divine conſiderations) at all, or (in Prudential conſiderations) not ſo much to be feared, in relation to His Poſterities heading of them. Beſides theſe, we cannot but conſider much more the vaſt poſſibilities, after His Reſtitution, to make Parties, Factions and Diviſions amongſt your ſelves, and your now Adherents, and to ſet one againſt another, to make one betray another, by one to ruine ano­ther, and (by making uſe of all Intereſts) to ſet up His own above all. Have not you found Him at this play all along? And do not all men acknowledge Him moſt exquiſite at it? If He have had the faculty to avail much in this kinde when at diſtane from you, will He not much more when ſo near you, amongſt you in your Boſoms and Councels?

For Diviſions (we ſpeak it with depth of ſadneſs) He needs not come to make any amongſt you, but to uſe them;43 they abound wofully already: And for His Opportunities of Advantage by them, they are great, beyond conception.

Firſt, From the Jealouſies which each party is apt to have of the others ſtrengthening themſelves, to the prejudice of the other by Conjunction with Him and His, and which He and His Creatures have a faculty to feed in each of them, Its more then probable, That each party will be apt to ſtrive, which ſhall moſt and firſt comply with Him: Have not you and we ſeen ſad Experiences of this already? Give us leave to be the more affectionately ſenſible of this, as having had ſome Experience of Temptations towards it amongſt our ſelves (we ſay) Temptations towards it from the King and His par­ty, as ſtrong and ſubſtile as are imaginable, though (we bleſs God, by whom) we were preſerved in our Integrity, and not given up to, but delivered from ſuch wretched Apoſtacy. And we can truly ſay, That although through the Example of others partly neceſſitating us for the preſent prevention of that miſchief to the Publique they were running into in that kinde, as we apprehended) we were drawn into ſome Negative Compliances, tending to Moderation (which we thought to be, and in its place is a real good;) yet firſt, we never ſought, but were ſought unto, and notwithſtanding all Overtures and Temptations, we did abhor the thought of, and ſtill profeſtly refuſed any thing of Conjunction with Him or His, in relation to the Affairs of that time, or ought of private Contract or Truſt with them.

Secondly, What we declared of Moderation was but Hypo­thetical, with careful Caution, and ſaving for the publique In­tereſt (according to our then underſtanding of it.) And

Thirdly, We aymed not at the ſtrengthening of our ſelves thereby, to the ruine of any perſons or party oppoſed (nor did drive at any ſuch end) but meerly to prevent any ſuch from ſtrengthening themſelves in that kinde (as we feared) to the prejudice of the Publique, as may appear by the tenour44 of the Cities Engagement, with the Concomitants and Con­ſequents thereof, and by our carriage both in relation thereto, and ſince that Danger was over: And yet however in that degree of Compliance admitted in that kinde, we finde mat­ter of Acknowledgement before the Lord, concerning our Error, Frailty, Unbelief, and Carnal Councels therein, and we bleſs him that preſerved us from worſe: But, on the other ſide, give us leave to fear (and we heartily wiſh (as to any honeſt ſoul) That it may be a caufleſs and miſtaken fear) That from ſuch private Jealouſies, and the Animoſities or Hate of one party againſt another (who once ſeemed to be engaged in one Common Cauſe againſt a Common Enemy) there have been on the part of others evil Compliances, Negative and Po­ſitive, yea (we doubt) Contracts and Conjunctions too, by ſome ſought, by others entertained with Him and His party (even while the acknowledged Enemy) to the neglect or di­ſpending of the common publique Intereſt, meerly for the up­holding or ſtrengthening of their own, and the ruine of the party particularly oppoſed.

We cannot but be ſenſible of this, becauſe we have felt the effects of it in the loſs of many our dear innocent Friends lives, with the hazard of our own in the laſt Summers War: For even from this Root (as we have more then conjectural Grounds to underſtand) The Revolt in Wales had its Riſe and Growth, The Scotiſh Invaſion had its Foundation and Invi­tation, The Revolt of the Ships, The Rebellion in Kent, Eſ­ſex, &c. and the ſeveral Tumults, Riſings and Diſturbances in and about London and the Southern parts had their Inſti­gation and Encouragement; and from the ſame this miſerable enſnaring Treaty, its conception and birth: And if from the diviſions we have, ſuch deſtructive compliances and conjunctions have been entertained with, and ſuch advantages given to Him and His party, while profeſt and acknowledged Enemies, what worſe may we not expect of that kinde, when by a Peace made, they ſhall have the Reputation of friends, to give countenance and confidence thereunto?

To conclude this point (concerning His advantages after ac­commodation45 and reſtitution, to overthrow or prejudice the pub­like Intereſt) wee'll confeſs our greateſt fears, from the conſiderati­on of the Act for this Parliaments unlimitted continuance, where­in (beſides diviſions amongſt thoſe that are, or profeſs to be for the publike) if He ſhal ever be able by particular ſucceſſions of new Burgeſſes, according to the preſent conſtitution, or any other way, to form a prevailing or ballancing party for His Intereſt in the Houſe of Commons (which even there He ſeems to have bid fair for already, and as to the Lords, wee'll move no Queſtion) we may then juſtly yield Englands Liberties for defunct, when that which ſhould be the Conſervative, ſhall be turned indeed the Bane, and yet (it being in the place and repute of the one­ly Conſervative) we ſhall (through that Act) be debarred from change of Medicine, or uſe of other Remedy, yea, from the renewing or taking freſh choyce of Medicine in the ſame kinde, but muſt keep to that old Maſs, which ſuch putrifa­ction will have rendred deadly, and will probably vitiate all particular Additions of freſh ingredients that ſhall be made, while the old leven ſhall remain predominant. Neither can we ſee any poſſible help in the Caſe after his Reſtitution, though you ſhould be willing to lay down your power: For indeed, to ſet a Period to this Parliament, and not therewith pro­vide for a certain ſucceſſion of Parliaments, and the certainty of their ſitting alſo (without dependance on the Kings will) were to leave the Kingdom without aſſurance of any remedy, or (at leaſt) of power therein to help at all, and ſo in like condition as before this Parliament: And to make proviſion for ſuch a ſucceſſion, and certainty of ſitting of future Parliaments, without like proviſion for a more due conſtitution, by more equal Elections (freed from ſuch dependance on prerogative Grants, or from being ſo ſubject to prerogative Commands, as now by the number and nature of Burgeſsſhips they ſtand) were to render the ſucceſſion leſs hopeful or ſafe, or (at leaſt) ſubject to no leſs corruption in the ſame kinde, then the Conſtitu­tion of the preſent is; And you having not in this Treaty propounded any proviſion for any of theſe things (which we dare boldly affirm, are of higheſt concernment to the46 vindication and preſervation of publique Intereſt in the very Fun­damentals of it) if you go on to make a Peace upon ſuch terms, as if this Parliament were to continue for ever, and ſet the reſt of all our hopes upon that Baſis: We may juſtly preſume, That when a Peace is made, and the King teſtored, if afterwards you would come to conſiderations of laying down your Power, and making ſuch proviſions for ſucceſſion, as is before expreſt, The King (whoſe conſent you ſtill ſeem to make neceſſary to ſuch things (though 'tis like He would readily conſent to be rid of this Parliament, ſo as to have no more but at his Call for their meet­ing, and Will for their continuance; or perhaps ſo, as to have no better proviſion for the one, or larger for the other, then the Triennial Bill, yet, as to full certainty in the one, or ſufficient enlargement in the other (without relation to His will) and much leſs as to the taking away of Burgeſsſhips dependent on His grant, and ſubject to His, and His great mens command, and the re­ducing of Elections to full equality and freedom (we ſay) on ſuch terms we may well preſume (from the reaſon and nature of the Kings Intereſt) He will not willingly (when after Peace made He needs not) give up His hopes of or againſt this Parlia­ment; but rather then He will make, or bring upon Himſelf and Poſterity ſuch an Entail of Parliaments as He can never hope to avoid, and thoſe to be ſo independent on His Will for their meeting or ſitting (as he can never hope to avoid) and con­ſtituted ſo equally according to the Intereſt of the people (as He can never hope, or cannot deſign how to pack to His own) He will prefer and ſtand to His fairer hopes of making His party good with this Parliament one way or other, viz. Either in and by it (by making a party in it as before expreſt) or elſe againſt it, by making uſe of diſcontents and impatience in the people towards it, and of diviſions within it ſelf, at laſt to deſtroy and overthrow it, and ſo to deliver His Crown once for all, from Wardſhip (as he counts it) to Parliamen­tary power, which, by th'other Conditions might have been perpetual: And if either in the one kinde or the other He prevail upon this Parliament, His Monarchy and our Slavery will be abſolute, and (probably) for ever; in the one by ſeem­ing47 Authority of Parliament (made immortally the ſame) in the other by th'utter extinction of it.

But to proceed from probabilities of danger, to ſhew the cer­tain inſecurity and perpetual prejudice to publique Intereſt, that an Accomodation with Him, and Reſtitution of Him in the pre­ſent caſe does imply: Suppoſe the beſt Conſtitutions and ſtrict­eſt Laws imaginable in any State, yet their inſufficiency and im­potency, as to the preſerving of publike Intereſt, without a power to puniſh thoſe that violate it and them, or where per­ſons in power to prejudice the ſame (eſpecially if inſixt and laſting power) ſhall ſtand priviledged from being puniſhable what ever they do, is obvious to each conſidering man (that power of puniſhment, and the having of it in the moſt truſty hands, and no particular perſons to be exempt from their Ju­ſtice, being that eſſential part of publike Intereſt, which is the fence and guard of all the reſt in the depraved ſtate of man­kinde) Now, in our preſent caſe, after ſo many, ſo great and laſting violations thereto, committed by the King, and by His procurement, and after His ſo long and obſtinate maintenance thereof, and perſiſtence therein, and ſo many refuſals of that poor ſatisfaction and ſecurity you now deſire, in ſo much as you once reſolved againſt any more Addreſſes (we ſay, after all this) for you, the Supreme Judicatory of the Kingdom (when He is through the juſt hand of God in your power to do Juſtice upon) yet ſtill to decline that way, and in ſtead thereof, to ſeek again to Him your Priſoner in the way of Treaty, to receive what ſatisfaction and ſecurity you can get as Conceſſions from HIm: and thereupon (having onely ſome few inſtruments ſubmitted to juſtice, and that by His Conceſſi­on too) to readmit Himſelf to the Throne with Safety, Freedom and Honor: What can this be underſtood to ſpeak leſs, then that (as Himſelf and His party for Him have ſtill expreſly aſſumed, and as the pretence and ways of your proceedings towards Him heretofore, have too much implyed) He is indeed above any humane Juſtice, and not accountable to, or not puniſh­able by any power on earth, what ever he does: And to, be­ſides the bar to any preſent proceeding of Juſtice againſt Him­ſelf48 (whoſe one example in that kinde made, and not after­wards made ineffectual again, as others of that kinde have been, by the flattery or degeneration of ſucceeding ages, would be of more terror and avail, then the execution of His whole par­ty, yea, then all the ſatisfaction and ſecurity, verbal or literal, that you can obtain or imagine without it) you would alſo (by ſuch exemption of HIm, and in ſuch a caſe) proclaim the lke per­petual exemption to Him and His Poſterity, what ever they ſhall do, or in what ever caſe (ſince none can be imagined more pregnant or ripe for juſtice then this already is) and would there­in give the moſt authentique Teſtimony and Seal that ever was, to all theſe deſtructive Court Maxims concerning the abſolute impu­nity of Kings, their accountableneſs to none on earth, and that they cannot erre, do wrong, &c. which principles (in the ſence to which they are applyed) as they were begot by the blaſphe­mous arrogancy of Tyrants upon ſervile Paraſites, and foſter'd onely by ſlaviſh or ignorant people, and remain in our Law-Books, as Heir-looms onely of the Conqueſt; ſo they ſerve for nothing but to eſtabliſh that which begot them (Tyranny) and to give Kings (who ſo far as they claim otherwiſe then by Conqueſt, are but Miniſters intruſted for Righteouſneſs and Peace) the higheſt Priviledge, Encouragement and Invitation to do wrong and make War, even upon their own people, as their corrupt wills or luſts ſhall prompt them: If therefore our Kings claim by right of Conqueſt, God hath given you the ſame a­gainſt him, and more righteous, by how much that on their parts was extended to a forcible Dominion over the people (which originally or naturally they had not) and our's but to a deliverance from that Bondage, into that ſtate of Right and Freedom which was naturally and morally due to us before: If they claim from immediate Divine Deſignation, let them ſhew it; if from neither, but as by conſent intruſted by and for the people, let them then imbrace and partake the conditi­ons of ſuch, and not as if the whole people were made onely for themm, and to ſerve their luſts, or had (if not their being, yet) all their civil indowments by and from them. But to return to our purpoſe, if you (by ſuch Proceedings49 as you are about towards the King in the preſent caſe, ſhall con­firme and harden him and his poſterity in their aſſumed privi­ledges of impunity, &c. (what ever is or ſhall be done by them) what new agreement, or other Bond of mans framing, can you ſupoſe to hold them, and eſpecially himſelf that has broke the ſtrongſt of that kinde already (and we appeale to your con­ſciences upon the reaſons before given, what inward change you•••de to be truſted in,) but that he and they (upon the ſame con­fidence of imunity to themſelves, what ever they doe, or how­ever they ſucceed) will ſtill be ready to take all advantages, and try all meanes (ſo long as they can finde any Inſtruments that will ſerve them) to ſet up their own intereſt, to the prejudice of the PUblique, a heretofore, and eſpecially to avenge or vindicate themſelves and it againſt the ſuppoſed wrong of enforc't Conceſſions?

And why ſhall wee not thinke they will finde Inſtruments ſtill to venture for them (notwithſtanding your puniſhing of ſome in that kinde) ſince while your own proceedings admit themſelves unpuniſhable? Such Inſtruments may hope that (at the worſt of ſucceſſe) they'll ſave all, or moſt of them, as now; and (themſelves ſtill ſurviving to renew the quarrell) it may well be hoped, that if ever they prevaile, the Inſtruments that ſhall ſur­vive, and heires of the reſt will be repaired with honour to boot, ſo that the adventure of each Inſtrument in that kinde (being but as of one amongſt a multitude, where the moſt are ſure to eſ­cape,) is of farre leſſe hazzard then a Souldiers venture in a field battell, and the hazzard that is (eſpecially to neceſſitous or am­bitious men,) is abundantly compenſt by thoſe hopes which the certaine impunitie (beſides probable advantages) of their head does give: Wee are ſure, that, as to any Inſtruments venturing a­gaine for you and theublique, the hazzards infinitely greater, and in humane conſiderations, no encouragements comparable to thoſe, which (afterll year Propoſition-juſtice againſt his In­ſtruments,) will yet, upon this ground, remaine to them for any further Engagements in behalf of their great & unpuniſhable Ma­ſter. And therefore, as in all caſes of like rebellions, or civil warres, the prudence of moſt Nations and ages (as well as the Juſtice of50 the thing,) has lead to fix the exemplary puniſhment, firſt upon the capitall Leader, and upon others, as neareſt to him, and not to puniſh the inferiours, and exempt the chiefe; ſo in this your caſe, 'tis moſt cleare, that to fix your Juſtice firſt upon the head, and thereby let his ſucceſſors ſee, what themſelves may expect (if they attempt the like,) may hopefully diſcourage them, from heading any more what Inſtruments they might finde in the like quarrell, and ſo is like to be a reall ſecuritie (when ſuch Inſtru­ments cannot finde an head. ) but to puniſh onely Inſtruments, and let the head (by whoſe power, and in whoſe in tereſt all has been done,) not onely goe free, but ſtand in perpetuall privi­ledge and impunitie to head ſuch inſtruments againe, as oft as he can finde opportunitie, and get any to ſerve him, is a way ſo farre from ſecuritie, as it leads indeed to endleſſe trou­ble and hazzard, or the perfect loſſe of all. And beſides, in poynt of Juſtice, with what Conſcience inferiour Miniſters can be puniſh'd, and the principall ſet free, yea, reſtored to dignitie and honour, for whoſe onely intereſt, in whoſe one­ly quarrell, and by whoſe Commiſſions and Commands they have acted, (which they might perhaps conceive to oblige, or at leaſt to excuſe them,) for our parts, ſince wee have ſeriouſly weighed it, wee cannot underſtand; wee are ſure it ſeemes a moſt unequall and partiall way of Juſtice, ſutable to thoſe aforeſaid corrupt or abuſed Court-Maximes, whereon a­lone it has been grounded, (As that the King can doe no wrong, &c.) And indeed what ever grounds or reaſons can be imagi­ned to exempt Kings from humane Juſtice, or to excuſe them when they wilfully give Commiſſions and commands unto their inferiour Miniſters to doe evill, (which wee are ſure can be no leſſe then ſomething of divinitie, and abſolute independencie (as to men,) ſuppoſed to be in them,) The ſame Principles (if admitted and fully weighed) would equally extend to ab­ſolve and indempnifie thoſe Miniſters for what they doe in purſuance of ſuch commiſſions and Commands, yea and bring thoſe under condemnation too, that ſhould forcibly oppoſe him or them therein: Wee would at leaſt faine heare one prin­cile ſufficient for the one, which would not, by rationall de­duction, extend to both the other. And if there be none ſuch,51 then, wee beſeech you conſider, whether your re-admiſſion of the King in the preſent caſe and manner (without ſo much as his ſubjecting to Judgement or Tryall,) will not be ſo farre from ſecuritie, as that it will not onely enervate the beſt fence of publique intereſt (the power of puniſhing violators of it,) but in conſequence ſhake the Foundations of all you have done in the warre, and overturne or invalid all you ſeeme to obtaine in the peace.

Upon this, and the reſt of the conſiderations aforegoing, wee crave leave to beleeve, that an accommodation with the King in the way and Termes you are upon, or any at all, as the caſe now ſtands, that ſhall imply his reſtitution, or ſhall not provide for his ſubjection to Triall and Judgement,

Would firſt, not be juſt before God, or man, nor hopefully good; but many wayes evill, and ſo not deſireable by any ho