11TO THE KINGS Moſt Excellent MAJESTIE: And to the LORDS and COMMONS aſſembled in PARLIAMENT.The humble petition of P. D. a plain Countreyman, a well-wiſher of the City, and lover of truth, righteouſneſſe and peace, in his own name, and all theirs that may ſubſcribe hereunto.
Moſt humbly ſheweth,
THat whereas in a Petition of both houſes of Parliament preſented to your Majeſty in the beginning of your Reigne it was declared, That they found it an undoubted right and conſtant priviledge of Parliament, that no member of Parliament, ſitting the Parliament,12 or within the uſuall times of Priviledge of Parliament, is to be impriſoned, or reſtrained without ſentence, or order of the Houſe, unleſſe it be for treaſon, felony, or for refuſing to give ſurety for the peace.
And whereas in the Petition of right, made to your Majeſty by the Lords and Commons aſſembled in Parliament in the third yeer of your reigne, it was declared, That no offender, of what kind ſoever, is exempted from the proceedings to be uſed, and puniſhments to be inflicted by the Lawes and Statutes of this your Realme.
And whereas by the expreſſe Lawes and Statutes thereof, that is to ſay, by the Statute called the Great Charter of the Liberties of England, and by a Statute made in the 28. yeere of the reigne of your moſt noble Progenitor King Edward the third, it is declared and enacted, That no Freeman may be taken or impriſoned but by the lawfull judgement of his Peers; or by the Law of the Land; nor without being brought to anſwer by due proceſſe of Law:
And whereas by two other Acts of Parliament, the one made in the 38. yeer of your ſaid glorious anceſtor, it is ordained and aſſented That all they that make ſuggeſtions to the King himſelfe, be ſent with the ſuggeſtions before the Chancellour, Treaſurer, and his great Councell, and that they there finde ſureties to purſue their ſuggeſtions, and that then proceſſe of the Law be made againſt the perſons in that manner accuſed; and that if he that maketh the complaint cannot prove his intent againſt the Defendant by the proceſſe limited as aforeſaid, he ſhall be commanded to priſon, there to abide till he hath made gree to the parry of his damages, and of the ſlander that he hath ſuffered by ſuch occaſion, and after ſhall make fine and ranſome to the King.
According to, and by the meanes of which good Lawes and13 Statutes ſo enacted and declared as aforeſaid, juſtice hath heretofore proceeded againſt all offenders without exception, and all innocent ſubjects of this kingdome, of what condition ſoever, have in former times found themſelves ſufficiently ſecured againſt falſe accuſers, untill the moneth of January in the ſeventeenth yeere of your Majeſties reigne. At which time Articles of high treaſon and other miſdemeanours having by your Majeſties Atturney been preferred againſt certaine perſons, among which Articles theſe two were the principall, That they have traitorouſly indeavoured to ſubvert the very Rights and being of Parliaments; and that for the compleating of their trayterous deſignes, they have indeavoured, as farre as in them lay, by force and terrour to compell the Parliament to joyne with them in their other trayterous deſignes, and to that end have actually raiſed and countenanced tumults againſt the King and Parliament: yet this heavy charge againſt the ſaid perſons, being themſelves members of Parliament, was not further proſecuted againſt them, neither was the ſuggeſtor thereof made knowne, through whoſe default it belongeth not to your Petitioners to inquire or judge, otherwiſe than in our private conſciences, ſo farre, as the ſaid default is one of the hinges upon which the juſtice of the late Warre hath been, and ought to be turned. But as one the one ſide we humbly conceive, that either juſtice ought to have been proſecuted againſt the ſaid accuſed perſons, and the ſuggeſtor of the ſaid Articles, according to the Lawes already in being; or if upon this occaſion there were any defect found in the above-recited Lawes and Declarations of Law, then ſome ſufficient proviſionall Ordinance in amendment of that defect might have been deviſed, and applyed to the preſent caſe by the wiſedome and authority of your Majeſty and your Parliament, that juſtice might have proceeded: So on the other14 ſide we hope we may preſume to ſay, (becauſe in truth we think,) that no inconvenience which might have occurred through any legall proceeding either againſt the ſaid accuſed perſons, or their ſecret accuſer, can any way countervaile the many miſchiefes, which have enſued upon the interruption thereof. For in your Petitioners poore obſervation grounded on divers Declarations of your Majeſty and of your two Houſes of Parliament, (particularly that of your Majeſties of the twelfth of Auguſt 1642. and that other of the Lords and Commons of the beginning of the ſaid moneth,) the obſtruction of juſtice in this caſe firſt hath been the ſcandalous occaſion, whether given or taken, of a like ſtoppage in the caſe of many other offenders, and more eſpecially of ſome not long before, and of others ſoon after by Parliament accuſed of the ſame horrid crime of having intended force againſt the Parliament, which accuſation notwithſtanding was not further proſecuted againſt them. And this unluckie diſturbance of the due courſe of juſtice in the ſupreme Court and Councell of the kingdome, occaſioned a fatall diviſion in it and them, and was the true riſe of the two actions at Warre, the one between your Majeſty and your Parliament, and the other between the Parliament and your Majeſty, which hath ſince overrun this whole Land with ſuch violence, that no preeminence of the Crowne, or liberty of the Subject, how well eſtabliſhed ſoever, have been able to ſtand before it; But force throughout prevailing above right, a ſea of confuſed diſorder brake in upon us, and a face of barbarous anarchy for a time covered this whole Realme.
In tender conſideration whereof, and prevention of that utter deſolation, which muſt needs ſpeedily overwhelme this miſerable kingdome, if an other like floud of civill warre ſhould riſe upon it, your Petitioners humbly proſtrate at your Majeſties15 feet, do there implore your gracious protection: And do moſt humbly pray your Majeſty as they do alſo your Parliament, that due and ſpeedy juſtice may paſſe upon all perſons, of what degree or quality ſoever, that may be found guilty of any intention of over-awing, or over-ruling your Majeſty or your Parliament before or ſince the beginning of the late War; the curſed iſſue of that higheſt miſdemeanour and treaſon can be deviſed againſt your Majeſty and this your kingdome: and reſpectively declared to be ſuch by your Majeſty, and by your two Houſes of Parliament. Or if this, in which there ſeemeth to have been ſome difficulty in time of peace, ſhould now be grown leſſe poſſible after ſo long a warre; That then for the time paſt your Majeſty of your owne Princely clemency, and by authority of your Parliament would be pleaſed to paſſe an act of oblivion, and to grant your full and free pardon to all the aforeſaid reſpectively accuſed perſons, and to all other that may be guilty of the ſame miſdemeanour and treaſon; as alſo to all thoſe that have been involved in the late warre through the failer of due and timely juſtice in thoſe originall and criticall caſes.
And howſoever that for the time to come the Militia of the kingdome may by act of Parliament be for ever ſetled in ſuch a way, as may ſafegard the Parliament, and all the Members of both Houſes thereof, and above all your Majeſties ſacred perſon aſwell againſt all tumultuary aſſemblies of the people, as from all attempts by way of force, though under pretence of authority from the King. Which we humbly conceive is not impoſſible to be done without making a divorce between the Scepter and the Sword, which have been for ſo many ages joyned in marriage by the providence of God, and Law of the Land. And that in and by the ſame act of Parliament ſevere defences may be made againſt all other unlawfull practiſes that16 may be found to be any way to the prejudice of that intire freedome, which ought to be maintained in all Parliamentary proceedings by all that wiſh well to their King or Countrey.
That immediately upon the paſſing of this Act, the whole ſouldiery in this kingdome may be diſbanded, the Committees for the ſafety of the reſpective Counties diſſolved, and that your Majeſty thereupon returning to Weſtminſter, all other matters, either now in difference between your Majeſty and your Parliament, or between the two Houſes thereof, or mentioned in your Majeſties moſt gracious Meſſage of the twentieth of January 1641. or in any other Propoſitions and deſires either of your Majeſty or of the Lords and Commons, eſpecially thoſe which concern the purity of Religion, & of the Worſhip of God, and right government of his Church, may by the united authority of your Majeſty and of your Parliament be ſetled in ſuch a manner, that the Throne of the kingdome of Jeſus Chriſt may be erected in the due height thereof in this Realme, and the Throne of his Vicegerent therein may not be abaſed, nor any liberty of any the freemen of this kingdom infringed in the leaſt degree without your Majeſties and their free and full conſent in Parliament; it being (as we humbly conceive) altogether unjuſt and unlawful, and therfore clearly cannot be either profitable or durable for the Kings or Subjects of England to attempt the making of any change, even to the better, of the Lawes and preſent Government in any other faſhion.
That (as the moſt probable and powerfull meanes to put an end to all ſtrife, and to prevent all partialitie, or ſuſpicion of partialitie in theſe ſupreme Reſolutions,) all the Members of both Houſes of Parliament may by an Ordinance be enjoyned to take ſuch an Oath as may be deviſed for the ſure binding17 them to give their Votes according to their conſciences in all things put to the queſtion. And that for the further ſecurity and comfort of your people, your Majeſty would be graciouſly pleaſed not onely to give free admittance to ſuch Committees of both Houſes of Parliament, as may be choſen by them humbly to repreſent the reaſons of their Reſolutions to your Majeſty, and to give ſatisfaction to any doubts your Majeſty upon adviſement with your Privy or Learned Counſel may have about them, before the giving of your concluſive voice, but that of your Princely grace you would condeſcend ſo farre as to oblige your ſelf likewiſe by a voluntary Oath not to deny any thing that to the beſt of your underſtanding ſo informed, as aforeſaid, ſhall be really for the good of your Subjects, and that may advance the true Proteſtant Religion, oppoſe Popery and Superſtition, ſecure the Law of the Land, (upon which is built as well your Majeſties juſt Prerogative, as the proprietie and libertie of the Subject,) confirme all juſt power and privilege of Parliament, and render your Majeſty and your people happy by a good underſtanding: which are your Majeſties owne gracious words of engagement in two of your Meſſages from Notingham.
That becauſe the deſires and mindes of the Commons of this kingdome cannot certainely be underſtood by the Votes of their Repreſentants in any one Parliament, (upon which, and many other prudent conſiderations it hath been by our wiſe Anceſtors provided, that the Parliament ought to be held at leaſt once every year; after the making of which proviſiō it was long before any Parliament was continued to a greater length;) That it may be agreed, that immediately after the eſtabliſhment of all things aboveſaid in the manner aforeſaid, this preſent Parliament ſhall be diſſolved by the free conſent of both Houſes. But that before the diſſolution thereof there may be an18 Act paſſed for the aſſurance of an annuall Parliament in the ſame manner that a trienniall is now aſſured, with theſe neceſary ſup plementall additions thereunto.
1. One for the regulating of Elections in ſuch a manner that they may be more free and leſſe chargeable, as well to the Countrey, as to the perſons in competition; and that returnes may not be ſo wholly in the power of the Sheriffe, and of that party he favoureth, as hitherto they have bin; and that ſome more ready, eaſie, and certaine way may be deviſed for the judgement of the lawfulnes and truth of returnes, then hath beene in uſe of late, to the manifeſt hazard of the publique liberty, if there ſhould be ſuch a conſpiracie of Sheriffes as may be imagined.
2. Another for the ſafe conducting of the Members of both Houſes of Parliament to the place appointed for the holding of the Parliament, and for their like ſafe return into their Countries, by the Sheriffs of the reſpective Counties through which they are to paſſe, being therunto required. But this only as oft as the Parliament may happen to be aſſembled without any ſignification of the perſonall pleaſure, and command of the King for the time being.
3. And a third, as well for the prevention of the unſeaſonable diſſolution of Parliaments without the conſent of both houſes, as for the aſſurance of the diſſolution of every Parliament within the ſpace of one yeere, and for the making of two Seſſions thereof at ſuch times, as by the two houſes ſhall be thought moſt convenient.
That if it ſhall be made appeare upon ſufficient proofe that your Majeſties ſacred perſon was in any apparent danger, or hazard by thoſe tumults at Weſtminſter, which have been alleaged for the reaſon of your departure from thence, that in that caſe it may be publiquely declared and recorded, that your Majeſty was not to blame in withdrawing your ſelfe from19 your Parliament there, the rather becauſe your Majeſty hath ſince been pleaſed to make many gracious offers to give a meeting again to your Parliament, if they would adjourne to any other place, and this as well before, as after the beginning of the late unnaturall Warre. But if upon due examination it ſhould be found that your Majeſties beliefe of the malice of certaine perſons againſt your ſacred perſon, (which you thought you had too great reaſon to feare they intended to ſeize,) and of the evident danger not your ſelfe onely, but your Royall Conſort, and the Princes your children were in by the tumults raiſed and countenanced by the ſaid perſons hath been grounded only upon miſinformation, and that the failer of the timely diſcovery of the falſehood and maliciouſneſſe of ſuch information happened alſo through your Majeſties owne default, in not having taken the courſe by Law directed to that end; that in this caſe your Majeſtie of your owne meere motion may be graciouſly pleaſed to acknowledge, and command this to be publiquely recorded as an errour, for the preventing of the like in future times.
That if all, or any of the Lords, Knights, Citizens and Burgeſſes, who before, or after the beginning of the late Warre withdrew themſelves from the Parliament, cannot make it evidently appeare that they could not continue there with ſuch ſafety of their perſons, and plenary freedome of voting, as all members of Parliament of right ought to enjoy, that in this caſe they, or ſuch of them as ſhall faile in full proof of the point aboveſaid, may for ever be diſabled to fit againe in this, or any future Parliament in this kingdome; and may be further cenſured in ſuch a manner, as to the wiſedome of the reſpective Houſes of Parliament ſhall ſeeme juſt and meete. And that howſoever no ſuch Member of either Houſe may be readmitted without making a publique acknowledgment of, and20 ſubmiſſion for their faults, no danger, how great or certaine ſoever, being ſufficient to excuſe them for having failed in their duty to their King & country, either by concealing their minds, or by deſerting their ſtations, before any one of them loſt any one drop of his bloud, which hath been the occaſiō of ſo much bloudſhed of their fellow ſubjects: It being viſible that there could have been no breach between your Majeſty and your two Houſes of Parliament, if all their reſpective Members had continued at Weſtminſter, and had there avowed their be•ng of the ſame judgement, which they have ſince diſcovered otherwhere.
That the publique debt contracted by occaſion of the charges of the late warre may be borne by the partakers therein on that ſide, which cannot make it appeare that they had juſt cauſe to take up armes becauſe they could not obtaine juſtice by the Law of the Land, in ſome thing that was either of abſolute neceſſity to be maintained for the publique weale, or at leaſt of ſuch importance as was worthy to be contended about by arms; (there being no other ſufficient cauſe for the beginning of a civill Warre, even by them that have unqueſtionable authority to make one:) And if both parties ſhould chance to faile in the proofe thereof, (which is not impoſſible in the generall, howſoever it may fall out in this particular caſe,) that in this event either every private man may beare ſuch part of the damages as hath fallen to his ſhare, or elſe that ſuch courſe may be taken for the dividing of this heavie burden among all them that are of ability to beare any part thereof, as may make it moſt eaſie to all, and oppreſſive to none of them.
That if your Majeſty ſhould think, or be perſwaded, that the Lords and Commons now aſſembled in Parliament at Weſtminster are incompetent judges of the three laſt mentioned points, in reſpect of their being reputed parties in the late War, to whom notwithſtanding for the honor of the Parliaments of21 England, we hope neither your Majeſty, nor thoſe Members of either Houſe, which have taken part with your Majeſty will be unwilling to referre either the examination, or deciſion of thoſe points ſo neerly and highly concerning your Majeſty and them; if the foreſaid Lords and Commons at Weſtminſter ſhall be willing to binde themſelves by ſuch an Oath as hath beene above deſigned: Yet if we ſhould be miſtaken herein, or at leaſt in the third point, (which we do our ſelves obſerve to be of a different nature from the two former, the main queſtiō in them being of matter of fact onely, whereas the chiefe controverſie in the laſt point may happen to be about matter of right:) and if all the former articles being by God's grace aſſented unto on both ſides, the happy concluſion of theſe unhappy broyles ſhould ſtick only there; In that caſe we crave leave in all humility to propound whether this difference may not be accommodated by ſome ſuch expedient as this: your Majeſtie to make choyce of a certaine number of thoſe Lords and Commons which have continued in the Parliament at Weſtminſter, and they to choſe a like number of thoſe that have withdrawn themſelves from thence by occaſion of the late troubles, and either all, or the third of the three laſt points aforeſaid to be committed to the determination of the major part of the ſaid elected perſons in all that a major part of them ſhall agree in. But in whatſoever they may happen to be equally divided, the arbitrating of ſuch point, or points to be referred to ſome one, or to the major part of ſome unequall number of ſuch ſtrangers famous for wiſdome and juſtice, as may be joyntly choſen by your Majeſty and the aforeſaid Lords and Commons at Weſtminſter for the finall Umpirage of ſuch matter, or matters, as cannot be reſolved without the admiſſion of forein arbitrement, which is not without precedent in this kingdome. The which expedient, with all the former and enſuing parts of this22 our humble Petition, with ourſelvs, we do, and ever ſhall according to our duty with all lowlineſſe ſubmit to the cenſure and reſolution of your Majeſtie and of your parliament, when we have firſt here ſincerely profeſſed out abhorring the leaſt thought of preſcribing any thing to thoſe whom we ought to obey, or of raiſing any third partie in armes, though never ſo great a multitude of Officers, and ſouldiers, and of the poor ruined people of the Kingdome ſhould teſtifie their adhering to us in our humble deſires by ſubſcribing hereunto.
And laſtly, that becauſe there is ſmall cauſe to hope that this Kingdome can be at peace againe either within it ſelfe, or with your Majeſties other kingdomes, untill it and they have made their peace with God; and becauſe there is too much cauſe to feare that his all-ſeeing and all-diſcerning Majeſty hath been highly provoked by more than one of thoſe meanes, which hath been uſed to pacifie him, and namely at firſt by the long continued neglect of publique humbling our ſouls before him, for the preventing, or ſpeedy determining of a like bloody Warre in this kingdome, of which we ſeemed ſo ſenſible in Ireland; and ſince by appointing diverſe daies to that end by the divided authority of your Majeſty and of your Parliament, by faſting on thoſe dayes to ſtrife and debate: but chiefely by preſuming to come into the dreadful preſence of God upon thoſe dayes with much leſſe outward expreſſion of humble reverence and fear, then hath been ſhewed by heathen in the like occaſion; and with hearts fraught with bitterneſſe and wrath, and hands full of violence and bloud: and by the many diſconſonant Confeſſions, Petitions, and thankſgivings have been put up to his Divine Majeſtie upon thoſe and other days: That in amendment of all theſe and other our failings, and over-doings, and for the cleanſing of all your Majeſties Realms, from the blood wherewith they are certainly defiled, (if23 adventure any party, or perſon may waſh his or their hands from the guilt thereof,) ſome one or more daies, ſoone after that of your Majeſties meeting with your parliament, may upon their petition be ſet apart by your Majeſty for a moſt ſolemne humiliation of all the people of all your Dominions. And (as a neceſſary preparative thereunto) that there may be a convenient number of godly wiſe perſons choſen by your Majeſtie, your two Houſes of the Parliament of this kingdom, and the Commiſſioners of the parliament of Scotland, and that they may be authorized and commanded to make a prudent and diligent enquiry after all the moſt crying ſinnes of all the Nations under your Majeſties government, and thoſe in ſpeciall for which it may moſt probably be collected that God hath viſited them all in circuit theſe laſt yeeres; as alſo after the moſt proper meanes to appeaſe the fierce wrath gone forth againſt your Majeſtie and them, and to prevent the like in time to come.
FINIS.
25A part of the DECLARATION of his Excellency Sir Thomas Fairfax, now Lord Fairfax, with the Officers and Souldiers of his Army, ſigned John Ruſhworth Secretary, and dated June 14. 1647. Printed in the year 1648.
To the Reader.
MY purpoſe herein is as to furniſh you with the abovementioned Declaration at a cheaper rate then buying the whole volume ſo to convince the Army of the expedience, or rather neceſſity which lieth on his Excellency and his Officers to vindicate themſelves from the common imputation mentioned in the Poſtſcript of the foregoing generall Letter to that end only, and not from any evill affection towards his Excellency or any of them, excepting Levellers of what rank ſoever, of whom the Writer of that Letter doth here publiquely profeſſe his reſolute and utter diſlike, wiſhing them ſpeedily to repent, leaſt they be overtaken by that heavie ſentence pronounced againſt them.
PROV. 24.21, 22.My ſon feare thou THE LORD, AND THE KING, and meddle not with them that are given to change;
For their calamity ſhall riſe ſuddenly, and who knoweth the ruine of THEM BOTH?
ANd Levellers all muſt be (though perchance all intend not ſo) that would have no King in England; In which reſpect I ſhall not eaſily believe that any Nobleman, Knight, or Gentleman ſhould conſpire to pull down that Monarchy, upon which all the advantage he hath above other men doth entirely depend: although divers be given out in the whiſpers of that party to be favourers of that wild deſigne. Whom I hereby pray not to deſpiſe this advertiſement, but to take ſome occaſion ſpeedily to declare againſt it, before it to be too late. And as for the Levellers themſelves,26 and their quondam Agitators in Army, City, or Countrey, ſince they allow of extemporary Lay-preaching, I hope they will take no offence at my having given them a text not to talk, but to think upon: which I wiſh them in their moſt ſerious thoughts to compare with that other, 1 John 4.20. and then to aske themſelves, whether upon the ſame reaſon it be not a certain truth, that he who ſaith he feareth God, and yet feareth not the King, i.e. the Soveraign Power of what kind ſoever, which God hath ſet over him, whether in one, or few, or many, is you know what. For he that feareth (that is, honoureth) not the King, whom he hath ſeen, how ſhould he feare God whom he hath not ſeen? In deſpiſing thoſe whom God hath placed in authority, and in that reſpect called gods, the authority of God himſelfe is deſpiſed. They have not rejected thee, but they have rejected Me, that I ſhould not reign over them, ſaid God to Samuel, when the people of Iſrael had an itching to be altring the Government. But I will here break off this diſcourſe wherein my Love to the mens perſons and ſouls, though I hate their opinions and practiſes hath a little impertinently engaged me to fill up this ſpare Paper.
A Part of the Armies DECLARATION of the 14. of June 1647.
NOw having thus far cleared our way in this buſineſſe, we ſhall proceed co propound ſuch things as we do humbly deſire for the ſetling and ſecuring of our own and the kingdomes common right, freedome, peace, and ſafety as followeth,
1. That the Houſes may be ſpeedily purged of ſuch Members as for their delinquency or for corruptions, or abuſe to the State or undue Elections ought not to ſit there, whereof the late Elections in Cornwal, Wales, and other parts of the kingdom afford too many examples, to the great prejudice of the peoples freedom in the ſaid Elections.
2. That thoſe perſons, who have, in the late unjuſt and high27 proceedings againſt the Army, appeared to have the will, the confidence, credit, and power, to abuſe the Parliament and Army, and endanger the kingdome in carrying on ſuch things againſt us (while an Army) may be ſome way ſpeedily diſabled from doing the like or worſe to us (when diſbanded & diſperſt, and in the condition of private men) or to other the free-borne people of England in the ſame condition with us; and that for that pu•poſe the ſame perſons may not continue in the ſame power (eſpecially as our and the kingdoms Judges in the higheſt truſt (but may be made incapable thereof for future.
And if it be queſtioned who theſe are, we thought not fit particularly to name them in this our Repreſentation to you, but ſhall very ſpeedily give in their names; and before long ſhall offer what we have to ſay againſt them to your Commiſſioners, wherein we hope ſo to carry our ſelves, as that the world ſhall ſee we aim at nothing of private revenge and animoſities, but that juſtice may have a free courſe, and the kingdom be eaſed, and ſecured by diſinabling ſuch men (at leaſt) from places of judicature, who deſiring to advantage and ſet up themſelves and their party in a generall confuſion, have endeavoured to put the kingdom into a new flame of war, then which nothing is more abhorrent to us.
But becauſe neither the granting of this alone would be ſufficient to ſecure our own and the kingdoms rights, liberties, and ſafety, either for the preſent age or poſterity; nor would our Propoſals of this ſingly be free from the ſcandall and appearance of Faction or deſignes only to weaken one party (under the notion of unjuſt or oppreſſive) that we may advance another (which may be imagined more our own) we therefore declare,
That indeed we cannot but wiſh, that ſuch men, and ſuch only, might be preferred to the great power and truſt of the Common-wealth, as are approved, at leaſt of morall righteouſneſſe;28 and of ſuch we cannot but in our wiſhes prefer thoſe, that appear acted thereunto by a principle of conſcience and religion in them.
And accordingly, we do and ever ſhall bleſſe God for thoſe many ſuch Worthies, who through his providence, have beene choſen into this Parliament, and to ſuch mens indeavours (under God) we cannot but attribute that Vindication (in part) of the Peoples Rights and Liberties; and thoſe beginnings of a juſt Reformation, which the firſt proceedings of this Parliament appeared to have driven at, and tended to, though of late obſtructed, or other diverted to other ends and intereſts, by the ☞ prevailing of other perſons, of other principles and conditions.
But yet we are ſo far from deſigning or complying to have an abſolute or Arbitrary power ſigned, or ſetled, for continuance, in any perſons whatſoever, as that (if we might be ſure to obtaine it) we cannot wiſh to have it ſo in the perſons of any, whom we could moſt confide in, or who ſhould appear moſt of our opinions, or principles, or whom we might have moſt perſonall aſſurance of, or intereſt in; But we do and ſhall much rather wiſh, that Authority of this kingdom in Parliaments (rightly conſtituted) that is, freely, equally, and ſucceſſively choſen, according to its originall intention) may ever ſtand and have its courſe. And therefore we ſhall apply our deſires, chiefly to ſuch things, as (by having Parliaments ſetled in ſuch a right conſtitution) may give moſt hopes of juſtice, and righteouſneſſe to flow down equally to all, in that its antient channel, without any overtures tending either to overthrow that foundation of Order, and Government in this kingdom; or to ingroſſe that power for perpetuity into the hands of any particular perſons, or party whatſoever.
And for that purpoſe, though (as we have found it doubted by many men, minding ſincerely the publick good: but not29 weighing ſo fully all conſequences of things) it may, and is not unlike to prove that upon the ending of this Parliament, and the election of new, the conſtitution of ſucceeding Parliaments (as to the perſons elected) may prove for the worſe many waies, yet ſince neither in the preſent purging of this Parliament, nor in the election of new, we cannot promiſe to our ſelves, or the king alone, an aſſurance of juſtice or other poſitive good, from the hands of men, but thoſe who for preſent appear moſt righteous and moſt for common good (having an unlimited power fixed in them during life or pleaſure) in time may become corrupt, or ſettle into parties or factions: or, on the other ſide, in caſe of new elections, thoſe that ſhould ſo ſucceed, may prove as bad, or worſe then the former.
We therefore humbly conceive, that (of two inconveniences, the leſſe being to be choſen) the main thing to be intended in this caſe (and beyond which humane providence cannot reach, to any aſſurance of poſſitive good) ſeems to be this, viz to provide, that however unjuſt, or corrupt, the perſons of Parliament men, in preſent, or future may prove, or what ever ill they may do to particular parties (or to the whole in particular things) during their reſpective termes, or periods, yet they ſhall not have the temptation, or advantage of an unlimited power fixt in them, during their own pleaſures, wherby to perpetuate injuſtice, or oppreſſion upon any (without end or remedy) or to advance, or uphold any one particular party, faction or intereſt whatſoever, to the oppreſſion or prejudice of the Community, and the inſlaving of the kingdom unto al poſterity, but that the people may have an equall hope, or poſſibility, if they have made an ill choice at one time, to mend it in another, and the Members of the Houſe themſelves may be in a capacity to taſte of ſubjection, as well as rule, and may be inclined to conſider of other mens caſes, as what may come to be their own. This30 we ſpeak of in relation to the Houſe of Commons, as being intruſted on the peoples behalfe, for their intereſt in that great and ſupreme power of the Common-wealth (viz. the Legiſlative power with the power of finall judgement) which being in its own nature ſo arbitrary, and in a manner unlimited (unleſſe in point of time) is moſt unfit, and dangerous (as the peoples intereſt) to be fixt in the perſons of the ſame men during life, or their own pleaſures. Neither by the originall conſtitution of this ſtate, was it, or ought it to continue ſo, nor does it (whereever it is, and continues ſo) render that State any better then a Tyranny, or the people ſubjected to it any better then Vaſſals. But in all States, where there is any face of common freedome, and particularly in this State of England, (as is moſt evident both by many poſitive laws, and ancient conſtant cuſtome) the people have a right to new, and ſucceſſive elections unto that great and ſupreme truſt, at certain periods of time, which is ſo eſſentiall and fundamentall to their freedom, as it cannot, or ought not to be denied them, or withholden from them, & without which the Houſe of Commons is of very little concernment to the intereſt of the Commons of England.
Yet in this we would not be miſunderſtood in the leaſt, to blame thoſe Worthies of both Houſes, whoſe zeale to vindicate the Liberties of this Nation, did procure that Act for Continuance of this Parliament, whereby it was ſecured from being diſſolved at the Kings pleaſure (as former Parliaments had been) as reduced to ſuch a certainty as might inable them the better to aſſert, and vindicate the liberties of this Nation (immediately before ſo highly invaded, and then alſo ſo much indangered.) And this we take to be the principall ends, and grounds for which in that exigency of time, and affairs it was procured, & to which we acknowledge it hath happily been made uſe of, but we cannot think it was by thoſe Worthies intended, or ought31 to be made uſe of, to the perpetuating of that ſupreme truſt, and power in the perſons of any, during their own pleaſures; or to the debarring of the people from their right of elections (totally now) when thoſe dangers or exigencies were paſt, and the affairs, and ſafety of the Common-wealth would admit of ſuch a change.
Having thus cleared our grounds and intentions (as we hope) from all ſcruples and miſ-underſtandings: in what follows we ſhall proceed further to propoſe what we humbly deſire for the ſetling and ſecuring of our own, and the kingdoms rights and liberties (through the bleſſing of God) to poſterity. And therefore upon all the grounds premiſed we further humbly deſire as followeth:
3. That ſome determinate period of time may be ſet for the continuance of this and future Parliaments, beyond which none ſhall continue, and upon which new Writs may of courſe iſſue out, and new elections ſucceſſively take place according to the intent of the Bill for Trienniall Parliaments.
And herein we would not be miſ-underſtood to deſire a preſent or ſudden diſſolution of this Parliament, but only (as is expreſt before) that ſome certain period may be ſet for the determining of it, ſo as it may not remain (as now) continuable for ever, or during the pleaſure of the preſent Members; and we ſhould deſire that the period to be now ſet for ending this Parliament, may be ſuch as may give ſufficient time for proviſion of what is wanting, and neceſſary to be paſſed in point of juſt reformation, and for further ſecuring the rights and liberties, and ſettling the peace of the kingdom. In order to which we further humbly offer.
4. That ſecure proviſion may be made for the continuance of future Parliaments, ſo that they may not be adjournable or diſſolvable at the Kings pleaſure or any other wayes, then by their own conſent during their reſpective periods, but at thoſe32 periods each Parliament to determine of courſe as before. This we deſire may be now provided for, (if it may be) ſo as to put it out of al diſpute for future, though we think of right it ought not to have been otherwiſe before.
☞ And thus a firme foundation being laid in the authority and conſtitution of Parliaments for the hopes, at leaſt, of common and equal-right and freedom to our ſelves and all the free-born people of this land, we ſhall hereby for our parts freely and cheerfully commit our ſtock or ſhare of intereſt in this kingdome into this common bottome of Parliaments. And though it m•y (for our particulars) go ill with us in one voyage; yet we ſhall thus hope (if right be with us) to fare better in another.
Theſe things we deſire may be provided for by Bill or Ordinance of Parliament, to which the Royall aſſent may be deſired, and when his Majeſty in theſe things, and what elſe ſhall be propoſed by the Parliament neceſſary for ſecuring the rights and liberties of the people, and for ſettling the Militia and peace of the Kingdome ſhall have given his concurrence to put them paſt diſpute, we ſhall then deſire that the rights of his Majeſty and his poſterity maybe conſidered of and ſetled in all things, ſo far as may conſiſt with the right and freedom of the ſubject, and with the ſecurity of the ſame for future.
Thus the Army the laſt yeer: The lip of ſincerity, as of Truth is ſtable for ever. Let them now declare their being ſtill of the ſame mind in the laſt, and capitall Article, the Peace is made. They under God ſhall have the honour to have made it, And the whole Kingdom will bleſſe them. For though by the Oath of Supremacy I have often taken, I think my ſelfe obliged to adde, That his Majeſty ſhall have great cauſe well to adviſe upon it before he part with his Privilege of diſſolving all future Parliaments without the conſent of the Houſes, upon the experience he hath had of doing it but in one; yet by his Majeſties having heretofore declared his inclination to treat upon the Propoſals of the Army, I preſume this expedient to agree that Article, (the hardeſt of all other to be agreed,) would not ſtick with his Majeſty.