The Armies Meſſage and Remonſtrance.
VVHereas we have endeavoured to Remonſtrate the danger and evill of the way you are in, and cleared the way unto what we have to propoſe, we ſhall with the ſame plainneſſe and faithfulneſſe, give you our apprehenſions of the remedies; for which purpoſe upon all the reaſons and conſiderations aforegoing, we proceed to offer, as followeth.
Firſt, we conceive and hope, that from what hath before been ſaid, you may find abundant cauſe to forbear any further proceeding in this evill and moſt dangerous Treaty, and to return to your former grounds in the Votes of Non-addreſſes, and thereupon proceed to the ſetling and ſecuring of the Kingdom without and againſt the King, upon ſuch foundations as hereafter are tendred; but if notwithſtanding all the evills and dangers remonſtrated to lie even in the Treaty it ſelf, you will ye proceed in ſuch an evill way, we ſhall at leaſt deſire that you make ſure to avoid that main venome and miſchief attending it. viz. The Kings reſtitution with impunity, &c. and that imperfect bargaining for partiall juſtice againſt inferiour offenders; And for the avoidance of theſe, we propound.
1. That you would reject thoſe demands of the King, ſent to you on his and his Parties behalf, and (eſpecially in relation to that concerning his reſtitution or return to London with freedom, &c.) that it may be expreſly declared and provided by you, that, notwithſtanding any thing concluded, or to be concluded in this Treaty, the Perſon of the King may, and ſhall be proceeded againſt in a way of juſtice, for the blood ſpilt, and the other evills2 and miſchiefs done by him, or by his Commiſſion, Command or Procurement, and in order thereto ſhall be kept in ſafe cuſtody as formerly.
2. That for other Delinquents you would lay a ſide that particular bargaining Propoſition, which as we underſtand, the King hath refuſed in the termes you offered, and whereby all your juſtice and mercy too would be rendred, to be dependant upon particular contract, with, and grant from the King; and not upon the judiciall power of the Kingdom in Parliament; We therefore deſire.
1. That that capitall and grand Authour of our troubles, the Perſon of the King, by whoſe Commiſſions, Commands, or procurement, and in whoſe behalf, and for whoſe intereſt only, (of will and power) all our Warres and troubles have been, (with all the miſeries attending them,) may be ſpeedily brought to juſtice, for the treaſon, blood and miſchief, he is therein guilty of.
2. That a timely and peremptory day may be ſet for the Prince of Wales, and the Duke of York, to come in and render themſelves, by which time (if they do not) that then they may be immediatly declared incapable of any Government, or truſt in this Kingdom, or the Dominions thereunto belonging, or of any kind of Right within the ſame, and thence to ſtand exiled for ever, as enemies and traytors, to dye without mercy, if ever after found and taken therein;) or if by the time limited, they or either of them do render themſelves, that then the Prince for his Capitall Delinquency (being in appearance next unto his Fathers,) may either be proceeded againſt in juſtice, or remitted, according as upon his appearance he ſhall give ſatisfaction or not; concerning his being drawn into the rebellious engagements, he has appeared to head; and the Dake, as he ſhall give ſatisfaction, or not concerning his carriage in and ſince his going out of the Kingdom (being without leave) and in oppoſition or contempt of the Parliament and to the prejudice of the publike peace,) may accordingly be conſidered as to future truſt, or not; But (however) that the Eſtate and Revenue of the Crown may be ſequeſtred, and all the matter of coſtly pomp or ſtate ſuſpended for a good number of years, while the deſola ion and ſpoyles of the poor people made, by and in behalf3 of that Family, and for that vain intereſt (the ſtate and greatneſſe thereof) may be in good meaſure repaired, or recovered; And that the Revenue (ſaving neceſſary allowances for the Childrens maintenance, and to old Servants and creditors of the Crown, not Delinquents) and alſo the 100000 l. per annum, Voted to the Crown in Liew of the Court of Wards, may for thoſe years be diſpoſed towards publike charges, debts and dammages for the eaſing and leſſoning of the peoples Contributions towards the ſame; ſo as the Eſtates neither of the friends to publike intereſt, nor alone of the inferiour Enemies thereto, may bear wholly the burthen of that loſſe and charge, which by and for that Family, the Kingdom or the good people thereof have bin or (for future ſecurity) ſhall be put unto.
3. That for further ſatisfaction to publike juſtice, Capitall puniſhment may be ſpeedily executed upon a competent number of his chief inſtruments alſo, both in the former and latter War, and (for that purpoſe) that ſome ſuch, of both ſorts, may be pitcht upon to be made examples of juſtice in that kind, as are really in your hands or reach, ſo as their exception from pardon, may not be a mockery of Juſtice in the face of God and men.
4. That the ſatisfaction of Arrears to the Souldiery. with other publike debts. and the competent reparation of publike Damages, (eſpecially and primarily of ſuch as voluntarily engaged for, and have conſtantly adhered to the common Cauſe, and ſuffered for the ſame) may be put into ſome orderly and equall, or proportionable way, &c.
Now (after publike juſtice, had therewith the preſent quieting of the Kingdom thus far provided for) we proceed in order, to the generall ſatisfaction, and ſetling of the Kingdom, as followeth.
1. That you would ſet ſome reaſonable and certain period to your own power, by which time that great and ſupream truſt repoſed in you, ſhall be returned into the hands of the people, from, and for whom you received it; that ſo you may give them ſatisfaction and aſſurance, that what you have contended for, againſt the King (for which they have been put to ſo much trouble, coſt, and loſſe of blood) hath been only for their Liberties and common Intereſt, and not for your own perſonall Intereſt, or power.
42. That (with a period to this Parliament, to be aſſigned as ſhort as may be, with ſafety to the Kingdom, and publike intereſt thereof) there may be a ſound ſettlement of the peace, and future Government of the Kingdom, upon grounds of common Right, Freedom, and ſafety, to the effect here following.
1. That from the end of this, there may be a certain ſucceſſion of future Parliaments (Annuall, or Bienniall) with ſecure proviſion.
1. For the certainty of their meeting, ſitting, and ending.
2. For the equall diſtribution of Elections thereunto, to render the Houſe of Commons, as near as may be, an equall Repreſentative of the whole people electing.
3. For the certainty of the peoples meeting (according to ſuch Diſtributions) to elect, and for their full freedom in elections, provided, That none who have ingaged, or ſhall engage in War, againſt the right of Parliament, and intereſt of the Kingdom therein, or have adhered to the enemies thereof, may be capable of electing, or being elected (at leaſt during a competent number of years) nor any other, who ſhall oppoſe, or not joyn in agreement to this ſettlement.
4. For future clearing and aſcertaining the power of the ſaid Repreſentatives; in order to which, That it be declared, That as to the whole intereſt of the people of England) ſuch Repreſentatives have, and ſhall have the ſupream power and truſt, as to the making of Lawes, Conſtitutions, and Offices, for the ordering, preſervation, and Government of the whole; and as to the altering, and repealing, or aboliſhing of the ſame, the making of War, or peace; and as to the higheſt and finall Judgement, in all civill things, without further appeal to any created ſtanding power, and that all the people of this Nation, and all Officers of Juſtice, and Miniſters of State (as ſuch) ſhall, in all ſuch things be accountable and ſubject thereunto, and bound and concluded thereby, provided, That,
1. They may not cenſure, or queſtion any man after the end of this Parliament, for any thing ſaid or done in reference to the late Wars, or publique differences, ſaving in execution of ſuch determinations of this Parliament, as ſhall be left in force at the5 ending thereof in relation to ſuch as have ſerved the King againſt the Parliament.
2. They may not render up, or give, or take away any the foundations of common Right, Liberty or Safety contained in this ſettlement and agreement. But that the power of theſe two things (laſt mentioned) ſhall be alwayes underſtood to be reſerved from, and not entruſted to the ſaid Repreſentatives.
5. For liberty of entring deſſents in the ſaid Repreſentatives. That, in caſe of corruption, or abuſe in theſe matters of higheſt truſt, the People may be in capacity to know who are free therof, and who guilty, to the〈◊〉only they may avoid the futher truſting of ſuch, but without further penalty to any for their free judgments there.
2. That no King be hereafter admitted, but upon the election of, and as upon truſt from the People, by ſuch their Repreſentatives, nor without firſt diſclaming and diſavowing all pretence to a negative voyce, againſt the determinations of the ſaid Repreſentatives, or Commons in Parliament; and that to be done in ſome certain form, more clear then heretofore in the Coronation Oath.
Theſe matters of generall ſettlement (viz. That concerning a period to this Parliament, and the other particulars thence following heitherto) we propound, to be declared and provided by this Parl. or by the authority of the Commons therein, and to be further eſtabliſhed by a generall Contract, or Agreement of the people, with their ſubſcriptions thereunto, and that (withall) it may be provided, That none may be capable of any benefit by the Agreement, who ſhall not conſent and ſubſcribe thereunto; nor any King to be admitted to the Crown, or other perſon to any Office, or place of publike truſt, without expreſſe accord, and ſubſcription to the ſame.
We have thus plainly, and faithfully propounded our apprehenſions, how the evill and danger of the preſent Treaty may in good meaſure be avoyded, and our further conceptions of a way, wherein, hopefully through the bleſſing of God (if moſt men be not given up, ſome to unjuſt domination, or particular Intereſt, the reſt to ſervitude) the Kingdom may be quieted, future diſturbances prevented, the common Rights and Liberties provided for,6 and the Peace and Government of the Kingdome ſetled, to a juſt publick Intereſt; and this wee have ſet forth in ſuch hands and particulars, which (if you'l but ſet aſide, for the time, leſſe importaint matters) may moſt of them be brought to effect, and the reſt aſſured, and put into a good way of effect, within a few Moneths, ſo as you might then eaſe the Kingdome from the burthen of the greateſt part of that force, which otherwiſe (in caſe of Accommodation with the King) you will be neceſſitated, for a much longer time (probable for many yeares) to keep on, upon the publick charge, unleſſe, upon the Accommodation you would give up all to the Kings power again, a•d expoſe thoſe that have engaged againſt him, as ſacrifices to his and the Cavaliers Reveng: And (for our parts) let but that way of juſtice be effectually proſecuted and the ſettlement of publick Intereſt (upon which foundations as are afore propounded) be aſſured to us and the Kingdome, and put into a courſe of effect (and we ſhall not only imbrace with chearfullneſſe, but ſhall with eagern•ſſe deſire diſcharge from our preſent ſervice, and ſhall be moſt ready to disband all, or part, as ſhall be though ſit, the Arrears of the ſouldiers being ſatisfied.