Malignant and plunderings and losses of the wel-affected Nobility and Gentry have so impoverished all sorts of men but the Souldier and Army and some fow Treasurers and Officers that they know not how to live or subsist almost much lesse to lend or contribute to maintaine such a numerous Army by Land and Sea and supply Irelands pressing necessities If you cannot tell how to pay your present Debts what folly is it to augment them for the future If you cannot pay your Army or Navie now how will you be able to do it hereafter If then you will have no peace with the King upon the Treaty but break it off and keep up a Warre and Army still without colour or reason in this your impoverished and exhausted condition then mark the consequences Your Forces being not duly paid will live upon free-quarter still and that will undoe the Country make them desperate And when they have eaten out all the poor then they will mutiny and fall on all that are rich put them to present Fines and Ransoms at their pleasure eat them out of House and home share their Estates and Offices which many of them already professe to be theiâ—s by Conquest and then the longest sword will be the only true Judge and measure of al mens properties and divider of their Estates as well in this as former ages of which we already begin to feel some sad experiments And as the Souldier on the one hand so the penurious poor people in every place for want of work and imployment and bread to put into their head encouraged by the Souldiers uncontrolled insolencies will fall to plunder and levell all rich men on the other side And if the Army Remonstrance and Agreement of the People now in hot persuit take place Ministers shall receive no Tythes Landlords no Rents Creditors no Debts and oppressed ruined persons no Law not Justice Kings must go down Princes and Peers quite down Parliaments down Judges Justices Magistrates Laws Tenures Inclosures down all rich and landed persons down their very wealth and estates will be sufficient cause to make them Malignants to a starved Peasantry and al-conquering unpaid Army and then what follows but immediate and irrecoverable ruine I beseech you therefore consider in what a desperate hazardous condition we and the whole Kingdom now stand at present how neer we and Ireland are to the very brink of ruine If we will now put into that safe and sure harbour of Peace which the present Treaty invites us into without any further cost or fear of shipwrack we may yet through Gods blessing be safe and happy But if we now wilfully put forth to Sea again among so many rocks shelves quick sands which surround us on every side and will yet chuse War instead of Peace when the golden and silver nerves that formerly maintained it are quite shrunk up we can expect nought else but drowning sudden shipwrack of all our Kingdoms Parliaments Liberties Estates and of our Church and Religion too Yea But say some though all this be truth we must not displease the Army who are our present strength and safety for then we are are lost indeed I have answered this Objection once before in one sense in relation to the Treaties satisfactorinesse I shall here answer it in another I say then 1. That we have a God to please who wil be displeased if we please the Army in their unjust demands And better is it to please God then to please any Army whatsoever If God be with us who can be against us We need no Armies protections if the Lord of Hosts be our Guardian 2. We have a conscience to please as well as an Army and we must satsifie that though the Army who pretend so much for liberty of conscience yet will allow us none or very little be never so unsatisfied with it 3. We have a Kingdom nay three Kingdoms to please and to save too And we must rather please and save them by rejecting the Armies Proposals which will inevitably ruine them then please the Army in being any way instrumentall for their destruction by embracing their destructive counsels If our Kingdoms be preserved we may have another Army though this be disbanded dissolved yea destroyed but if the Kingdoms perish by our pursuing their rash Proposals we shall neither have Kingdoms nor yet an Army nor this Army who must certainly perish in and with the Kingdoms ruine 4. We have a Navie to please as well as an Army and which is more considerable to us then an Army A new Army may soon be raised though the old be disbanded but a Navie being once lost Ships will not grow again nor another Navy built in many years And will not the pleasing of the Army in this displease and lose the Navy now as it did the last Summer to your great losse and danger And can the Army guard the Kingdom against any Forreignâ— Invasions if the Navy be lost No nor treble their number Look then you please your Navy as well as Army 5. We have many hundred thousands of well-affected and cordiall Christians and Covenanters to please who have adventured their estates lives limbs in the present Cause and done as gallant Services many of them in the Field both this last Summer and before as any in this Army and are considerable for number quality estate wisdom parts and reall piety and love to the publick Interest then the Army all which I am certain we shall â—ghly discontent and grieve nay palpably over-reach and cheat to their very faces if we should please the Army in their present demands to their prejudices and scandall and our Religions too There was no man of publick Spirit that engaged with contributed towards or took up Arms in the Parliaments service or Cause at first but meerly upon these five grounds expressed in all the Houses Remonstraces Declarations Petitions Protestations and in the Solemn League and Covenant 1. To defend and maintain the true Protestant Religion against Popery Error and Superstition 2. To defend the Kings Royall Person Dignity and legall Authority against violence treachery and usurpation 3. To maintain the Priviledges Rights and Freedom of Parliaments and the Fundamentall Laws and Government of the Kingdom against State-Innovations and Tyranny Fourthly to rescue the Kings person from evill Counsellors and bring such Incendiaries and Delinquents to condign punishment Fifthly to settle the Kingdom in freedom safety and peace against Crueltie Dangers and imminent Wars and tumults Upon these grounds and for these ends only did both Houses and all who adhered to them or took up Arms for them by their Commissions engage and so did this very Army I appeal then to every mans Conscience Whether the Houses or any who engaged with them did ever contribute any Moneys Plate Horse Atms or march out as an Officer or Souldier under them in these Wars with any such intention as
the question now debating I shall with the greater boldness crave liberty to discharge my conscience towards God and duty to my dying country which now lies at stake and so much the rather because for ought I know it may be the last time I shall have freedome to speak my minde within this House That I may in this great debate more sincerely speak my very heart and soul without any prejudice I shall humbly crave leave briefly to remove two seeming prejudices which may perchance in some members opinions inervate the strength of those reasons I shal humbly represent unto you to make good my conclusion touching the satisfactorinesse of the Kings answers to the Houses Propositions The first is that wherewith some Members have upon another occasion the last week and now again tacitely aspersed me That I am a Royal Favorite alluding to the title of one of my books out of which some have collected an abstract in nature of a charge against the King and this day published it in my name and am now turned an Apostate to the Kings party and interest To which I shall return this short answer I hope without any vain-glory or boasting being thus provoked thereunto That I have opposed and written against the King and his Prelates Arbitrary power illegal proccedings more then any man That I have suffered from the King and Prelates for this my opposition more then any man That if the King and Prelates be ever restored to their pristine Arbitrary power and illegall prerogative I must expect to suffer from them as much if not more then any man That all the Royal favour I ever yet received from his Majesty or his Partie was the cutting off both my ears two several times one after another in a most barbarous manner the setting me upon three severall pillories at Westminster and in Cheapside in a disgraceful manner each time for two houres space together stigmatizing on both cheeks the burning of my licenced books before my face by the hand of the hangman the imposing of two fines upon me of 50001.2 peece expulsion out of the Innes of Court and University of Oxford and degradation in both the losse of my calling almost nine yeares space the seisure of my Bookes and Estate above eight years imprisonment in several prisons at least 4 of these years spent in close imprisoment and exile in CARNARV AN in Northwales and in the lsle of IERSEY where I was debarred the use of pen inke paper and all books almost but the Bible with the least accesse of any friend without any allowance of diet for my support And all this for my good service to the State in opposing Popery and Regall Tyranny for all which sufferings and losses I never yet received one farthing recompence from the King or any other though I have waited above 8 years at your doors for justice and reparations and neglecting my own private calling and affairs imployed most of my time studies and expended many hundred pounds out of my purse since my inlargement to maintain your cause against the King his Popish and Prelaticall party For all which cost and labour I never yet demanded nor received one farthing from the Houses nor the least office or preferment whatsoever though they have bestowed divers places of honour upon persons of less or no desert nor did I ever yet receive so much as your publike thanks for any publike service â—on you which every preacher usually receives for every Sermon preached before you most others have received for the meanest services though I have brought you off with honor in the cases of Cant. and Macg. when you were at a loss in both cleared the justness of your cause when it was at the lowest ebb to most reformed Churches abroad who received such satisfaction fro my books that they translated them into several languages ingaged many thousands for you at home by my writings who were formely dubious unsatisfied Now if any Member or old Courtier whatsoever shal envy my happiness for being such a royal or State favorite as this I wish he may receive no other badges of Royall favour from his Majesty nor greater reward or honor from the Houses then I have done and then I beleeve he will no more causlesly asperse or suspect me for being now a Royal favourite or Apostate from the publike cause True it is which it behoves me now to touch that about 4 years since I published a Book entituled The Royal Popish Favorite wherein as likewise in my Hidden works of Darknesse brought to publique light published a year after it I did with no little labour and expence discover to the world the severall plots and proceedings of the Iesuites Papists and their forraign and domesticke confederates to introduce and set up Popery throughout England Scotland and Ireland and how farre they had inveagled the K. not only to connive at but to countenance and assist them in a great measure more fully evidently then any else had done And those worthy Members of this House who drew up that Declaration whereupon they voted No more Addresses to the King plowed but with my heyfer borrowing all or most of their real materials from my writings A convincing evidence that I am yet no more a Royal favourite then themselves Yet this I must adde withall to take off that aspersion of being an Apostate from my first principles that I never published those Books as I then professed in them and now again protest to scandalize or defame the King or alienate the peoples affections from him much lesse to depose or lay him quite aside though I am clear of opinion that Kings are accountable for their Actions to their Parliaments and whole kingdoms and in case of absolute necessity where Religion Laws Liberties and their kingdoms will else be inevitably destroyed by their Tyrannicall and flagitious practises be deposed by them if there be no speciall oaths nor obligations upon their consciences to the contrary which is our present case much less did I it out of any malice or revenge for the injustice I received from him in the executions done upon my person and estate which I have long since cordially forgiven and do now again forgive him from my soul beseeching God to forgive him likewise but meerly to discover his former errours in this kinde unto himselfe that he might seriously repent of them for the present and more carefully avoid and detest them for time to come and that the Parliament and whole kingdom might more clearly discern the great danger our Religion was in before we publikely discerned it and the several wayes and stratagems by which Popery got such head and growth among us that they might thereby the better prevent the like plots and dangers for the future by wholesom Laws and edicts as I have more largely declared in the books themselves This grand prejudice against me being
to the peace and settlement of the Kingdome is this That the King do give his Royall assent to such Act or Acts for the raising of moneys for the Parliament satisfying of the publique Debts and Damages of the Kingdome and other publique uses as shal hereafter be agreed on by both Houses of Parliament And if the King do not give his assent thereto then it being done by both Houses the same shall be as valid to all intents and purposes as if the Royall assent had been given thereunto To this Proposition the King hath condescended so as those Acts be passed within two years after the Treaty ended which the Houses have now voted to be satisfactory This Proposition secures all moneys lent upon the publike faith all arrears due to Officers souldiers yea all moneys advanced by any who have purchas'd Bishops lands for their losses by reversions after 99 years or any present rents to be reserved to the Crowne for the use of the Church with which those Members who have purchased such lands or advanced moneys upon them declare themselves most unsatisfied all those who have sustained publique losses Yea if the King denies his royall assent thereto it enables both Houses to make a valid Act of Parliament without the King in this case and in case of the Militia likewise which was never challenged by nor granted to both Houses in any Kings Reign before takes away the Kings Negative voice as to these particulars which those who conclude the Kings answers unsatisfatory have so much contended for yet now stand in their own light in not accepting of these Concessions as satisfactory and striking at the Negative voice The next Concession of the Kings for the settlement of the State is the taking away of the Court of Words and of all Wardships and Tenures in Capite or by Knights service which draw on Wardships Primer seisures liveries and such like incombrances to the intolerable vassalage and prejudice of the Nobility and Gentry of England and great landed persons and that only upon giving the King and his successors one hundred thousand pounds yearly for compensations being one principall part of his Royall Revenue This Concession is of so vast consequence to the Kingdome to enfranchise the Subjects from the Norman yoak of bondage as some stile VVardships and Tenures in Capite though others deem them more ancient then William the Conqueror that our Ancestors never enjoyed the like It exempts mens heits under age and their estates from being made a prey for hungry Courtiers or over-reaching Committees of them their estates It exempts them from being married to any against their free consents without any single or double forfeiture of the values of their marriages to which they were formerly liable from marriages to persons of small or no or broken fortunes and different dispositions which have ruined many families from many chargeable suits expences excessive fees gratuities to Escheators Feodaries all sorts of griping Officers in the Court of Wards and from vast expences and extraordinary vexation in finding and traversing Offices suing out Liveries c. and many suits and questions arising thereupon which have undone too many And it deprives the King of such an over-awing Prerogative over the persons and Eâ—tates of the Nobility and Gentry which usually fell into his custody after every Tenants decease as will very much weaken his interest in and their over much dependence on him and make them lesse subject to engage for or with him against the Parliaments or Kingdomes common interest The next Proposition relating to the Kingdomes safety and settlement not so immediately and directly as any of the former is that which concernes Delinquents in which alone as to the State the Kings answers are pretended unsatisfactory not in all but only in some particulars of no extraordinary concernment in my apprehension though so much insisted on by many as to vote all the Treaty unsatisfactory In opening the state of the Kings Answers to this proposition I shall doe these 3. things First I shall shew how far the King and you are both agreed 2dly In what particulars you really or seemingly differ 3dly I shall examine whether these differences herein be of any such moment as to induce the House to vote the answers to this and the other Propositions upon the whole Treaty unsatisfactory and so reject and lose whatever the King hath granted in the rest because he hath not satisfied our demands in this one and two others concerning the Church For the first both Houses by their Votes have thought this Proposition touching Delinquents so needless to beinfisted on in every punctilio for the publick settlement which will certainly more obstruct then promote it merey moderation being the nearest way to peace and union that you have reduced since the Treaty the persons excepted in the first qualification both from life composition from 37 to 7 only six of those are beyond the Seas quite out of your power the 7th aged scarce worth your Execution The King consents that they should be banished during the pleasure of both Houses which is a civill death banishment being next to death the severest punishment and to some men more grievous then present Execution But if that will not satisfie then he leaves them wholly to your justice to proceed against them if you please according to Law and promiseth not to interpose nor pardon any of them if legally condemned only he adds ex abundanti that he cannot in justice or honor assent to any Act to take away their lives by a meer Legislative Power ex post facto if they have done nothing that was formerly capital by the known Laws of the Land by which Hee leaves them to be tryed This Answer many Gentlemen who have spoken have coucluded very unsatisfactory and made many large descants on it because they did not rightly weigh nor understand it when as in truth it Answers the very Proposition in terminis as I shall clearly manifest to all who understand what Law is First it is apparent that one of the first quarrels and cause of taking up Arms on our parts was to bring Delinquents to condign punishent according to the Laws and Statutes of the Realm as you have declared to the Kingdom in many printed Declarations and in your Petitions to the King you alwayes desired him to leave Delinquents to the course of Iustice not to cut them off by a meer Legislative Power when as you could not doe it by any known Law Secondly you have professed to all the World and to the King and Delinquents themselves that you have taken up Armes to defend and preserve the Ancient fundamentall Laws and Liberties of the Kingdom and to oppose the introduction of any Arbitrary and Tyrannicall Power Yea your selves and the Army likewise have declared against all extraordinary proceedings and tryals in the Lords House to
fine or imprison without any indictment or legall tryall by Jury or Verdict according to Magna Charta and the Common-Law Therefore your bringing Delinquents to punishment for Life and Estates which in the first branch of this Proposition must be intended only of a just and Legall TRYALL as your selves have alwayes professed not by a new Law in the post And if so then the King in case you will not rest satisfied with the seven excepted persons banishment is content to leave them to your Justice even for Life and Estate according to the known Laws of the Realm and will no wayes interrupt your proceedings therein nor pardon them Therefore in this he fully consents to the Proposition But it hath been objected First that the King denyes to yeeld them up to Justice or to have any hand in their prosecution and therefore his Answer is unsatisfactory Secondly That this expression That he caâ— neither in Iustice nor honour consent to any Act for to take away their Lives or Estates is as high a justification of them and his own cause as possible and contradictory to the first Proposition and declares the Kings heart to be still in the same and unchanged To which I Answer First both these are so grosse mistakes and inconsequences that I wonder how any intelligent man can insist upon them For first the King in positives terms if you will not accept of their banishment yeelds them up to a Legall tryall in which himself must be the Prosecutor the Indictment being in his name the prosecution at his suit by his Counsell at Law and the Witnesses produced on his behalf as all men know who understands what belongs to a Legall tryall Therefore to infer from the Kings Answer that he disclaims all prosecution of them is direct contradiction and falsehood Secondly the Kings very condesconsion to their banishment and forfeiture of their Estates for adhering to his Cause and putting them upon their legall tryall is an express disavowing of his own cause as just and an acknowledgment of its badnesse and illegality and if the Parliament should yeeld up those who have acted for and adhered to them to banishment confiscation of Estate and legall tryall for their lives I am certain the Objectors themselves would protest that therein they had betrayed their righteous Cause and deserted their best affected friends Thirdly Expressum facit cessare tacitum the King having in direct terms justified your Cause and War as just in the first Proposition acknowledged those persons exempted in this and treated for under the very name notion of Delinquents to be such in this very Proposition and consented to their banishment and losse of Estate cannot without apparcht absundity be averred to justifie them and their Cause in this his Answer which yeelds them up to the strictest legall Justice as Delinquents 5ly Those words of the King so much excepted against that he can neither in honour nor justice consent to any act to take away their lives who have acted any thing by his command used and intended by him only in relation to his regall consent to a new Law to condemn them ex post facto where there was no Law before are so farre from any exception that for my part I should have held him neither just nor honourable had he omitted this expression For can it be just or honourable for a King to engage men in his service by special Commission or Command when there is no known Law to make their obedience criminall and yet afterwards to give his Royal consent to a subsequent Law to take away their lives forfeit their estates for obeying his own Royall commands Suppose we were now in the Kings condition and he in ours and he should press you to consent to a new Law to make all those who have acted for you and by your Commission in this war Traytors and to lose their lives and estates for it when there was no former Law to punish them would you not all give the self same answer as he doth that you could neither in honor nor justice nor yet in point of conscience consent to such a Law and would not your selves and all other protest you had neither justice nor honesty in you should you be so base and persidious as to condescend unto it to betray all those you had engaged and to give them such a requitall for their services Would any person ever after honor serve or trust you should you do it or could you or any other honor trust or serve the K. in any dubious imployment after this if he should thus unworthily ex post facto betray his own party now This answer therefore of his clearly discovers to us that there is yet so much justice and honor in him as by no fear or danger to consent to such an unjust and unworthy Act as by a new Law to cut off the heads of those himself engaged in his service when there was no Law extant then to do it makes it more satisfactory unto me then otherwise and shews he doth not dissemble but is reall in his answers and I shall sooner trust and beleeve him now then if he had consented to such an unworthy act 6ly This answer is both just and honorable because if the King should assent to a new Act to forfeit their lives and Estates he should condemne them rashly and unjustly without hearing their defence or evidence And for the King to condemn any for Traytors by a Bil without hearing the cause or evidence against them or to make men Traytors by a law subsequent to their offences is neither just nor honorable in every just mans judgment and of very dangerous president as Sir Edw. Cook informs us the Lord Cromwell the inventer of such Acts of Attainder being the first that lost his head by this new invention All which considered there is no rationall man but must conclude the Kings Answer unto this branch touching Delinquents to be fully satisfactory even to your own demands as well in words as substance notwithstanding the Objections against it But admit the answer as bad as any have made it shall we therefore conclude it so unsatisfactory as to break off the Treaty upon it and involve the Kingdom in another War of which no man can know the end or issue God forbid we should ever be so unadvised The persons whose lives you desire for a Sacrifice to publick Justice are but seven in number fix of them out of your power in forraign parts where a new war will not reach them the 7th an aged man who may chance to dye before judgment or execution pass against him you have all their whole estates at your disposal already and their persons too by way of banishment during both Houses pleasure And will you adventure another seven years war and the losse perchance of seventy thousand mens lives and as many millions of Treasure to the ruine
any others whatsoever to the scandall of Religion under paine of severe condemnation Therefore no pretences of honest intentions for publike good can justifie or extenuate your present irregular and most scandalous actions which offend all sorts of conscientious morall and carnall men and the worst of Turkâ— and beathens will condemn 4. Your pretended honest intentions for publike good are nothing ilse but the most Treasonable destructive designes and irreligious Projects against all publike good peace and settlement that ever entred into the Hearts of Christians expressed at large in your Remonsteance and Declaration of Nov. 20. 30. to which you referre as the disposing and murthering the King c. theâ—evils and wickednesse whereof I have here and elsewhere demonstrated at large and to justifie your horrid force on us by such detestable intentions is the very hight of wickednesse and atheisme which highly aggravates not extenuates your violence and crimes 5. If intentions or preâ—entions of publique good may be pleaded to justifie this force of yours the gunpowder Traytors Jermin Percy the Apprentices Challoner Jack Cade Jack Straw all Rebells and Cavaliers who all pleaded their honest intentions of publike good yea every Idolater under Heaven who worshippeth any Idoll or Devill with a religious and pious intention as the true and onely God and those bloody persecutors John 16. 2. who thought they did God service in killing the Apostles and Saints of CHRIST shall by this new Army Divinity justifie their Idolatrie and persecution to be no sinne nor crime at all For shame then let not such an absurd irreligious and wicked excuse and justification as thisâ— be ever henceforth named nor owned among Saints which very Pagans would blush to â—vow The second and chief excuse and justification is an extraordinary necessity for publike good leading them thereunto This they endeavour to manifest by sundry particulars which as they are apparently false and scandalous is themselves over tedious to reâ—uâ—e and waved by them in their â—ixt head of necessity reducing all the grounds of our seisure sequestration from the House to our vote of Decemb. 5. So it is but a meere false pretence and no justification at all if true But to take away this pleâ— of necessity altogether it stands but upon these two generall feet First that the Members secured and secluded were a corrupt Majority of the House Secondly That if they had not thus secured and secluded them they would have proceeded to the settlement of a speedy peace with the King in pursuance of this their Vote Ergo the Army were extraordinarily necessitated to secure and seclude them This is the Logick of the whole answer all surmises concerning forepast miscariages in the House and packing of New Elections in which themselves and their owne party are most peccant few of their Elections being due or faire and divers of them voted voyd as Mr. Fryes Blagraves and others who now sit and vote and all miscariages concerning Irel. which are false specified only without verity or proof against any of us relating nothing at all to our present seclusion of which they confesse the vote of Decemb. 5. to be the onely impulsive cause The plaine English of the first ground of their Necessity is this The Majority of the House of Commons which in all debates is and alwayes hath been the house over-voted the Minority or lesser part Ergo there is a necessity that the Army should sâ—â—lude them that so the smaller Number might sit alone without them and vote what they please as now they doe and null and repeal what ever the Major part had voted repugnant to the Armies designes This new Utopian necessity never heard of nor pretended in the world till now ought to be eternally exploded as the horriddest distructive Monster to Government and States ever yet produced in the world as I shall cleare by these particulars FIRST It utterly subverts the undoubted rights priviledges and constitutions of all Parliaments or Councells whatsoever from the beginning of the world till now whether civill military or Ecclesiastical wherein the Majority of voices upon the question ever carries the Vote and is still reputed the act of the whole Councell or Parliamentâ— adly It overthrowes the legall forme and proceedings in all popular Elections of Knights Citizens Burgesses Mayors Bayliffs Coroners Verderers Wardens of Companies Common-Councell-men all others ever carried determined by the plurality of voices of those who have right to elect 3dly It overturnes their New Bable to wit the Agreement of the people and new Representative in which themselves resolve the Majority of the Electors ought to chuse their new Representatives and the Votes of the Major part of them who meet ought to bind all the rest and not the minor part to seclude or sway the rest 4thly It will soon dissolve their new erected strange generall Councell of the Officers of the Army where all matters are yet concluded by plurality of voices where if the major part should vote against the Kings trayterous beheading or the agreement of the people the Levellers being the lesser part upon this pretended nâ—oessity that they are a corrupt Majority may forthwith forcibly soize on secure them and make themselves the only General Councell though the fewest and act what they please when the others are secluded 5ly It subverts all rules of Judicature Justice in al Courts of Justice where there are more Judges Justices then one where the majority of voices as likewise at Commitees over-rule the minority who upon the pretence of necessity and being a corrupt majority may be kept forcibly from or pulled off the Bench by any persons who suspect they will encline or give judgement against them in any cause depending before them 6ly It lays a foundation for all the Tyranny villany oppression that can be imagined which the Levellers begin in some places to pursue the Army too For example The King say they if he monarchy continue will in time grow too strong for the people Ergo there is a necessity we should pul down monarchy him now have no more Kings to rule over us The house of Lords will be too potent for the Commons have a negative voice to cross what they shall Vote Ergo we are now necessitated whiles we have power in our hands to pull downe the house of Lords and lay their honour in the Dust. The City of London was too powerfull rich and wealthy for the Countrey and us heretofore and kept down Sectaries from publick Offices Ergo whiles we have the power in our hands we must break down all their out workes divide lay aside all their Militia empty their bagges pull downe their pride throw out their old Officers put in new ones of our own faction take away their Liberties and freedome of Elections contrary to their Charters sundry Acts of Parliament dispense with Common-councel-mens Oathes and so
inslave the City to our vassalage This is their present practise The Land-lordâ— Rich men in the Country are too potent for their Tenantâ— the poor Ergo we must by force of Armes out of extraordinary necessity now abate the Tenants Rents alter their Tenures and Customes share their Lands and wealth amongst our selves and the poore and if any poore man by forging an Act of Parliament or otherwise pretend a Title to any rich mans Lands turne the rich man out of possession and put the poore into it as some Levellers and Souldiers have lately done in Essex in the case between Sir Adam Littleton and one Pointz against all rules of righteousnesseâ— Law and conscience Such a Monster is this plea of necessity for publick good already grown unto through the Armies power and how soon it will proceed to draw the blood of many gallant Gentlemen Lords and Members now secluded for fear they should prove the stronger as well as the major number and therefore must lose their heads to prevent al future dangers revenge God only knows The second ground for the necessity of our seisure and seclusion is this that the pretended corrupt majority of the House would have closed with the King setled the Kingdomes peace before this time had they not been secured Ergâ— the Officers and Army were necessitated to secure them as Apostates from and infringers of their trusts I answer This is very ill Logick and worse Divinity For first is not the end of all just wars whatsoever nought else but peace 2. Is it not Gods command and every Saints and Christians duty to pray for peace to follow peace with al menâ— to seek peace and pursue it to study to be quiet and live in peace to live peaceably with all men as much as in us â—yeth And is not our God a God of Peace our Saviour Jesus Christ the Prince of peace the holy Ghost a Spirit of Peace the Gaspell it selfe a Gospell of peace and can or dareâ— any Saints then pretend a necessity to levy warre even against the Parliament and Members themselves which is high Treason onely upon this pretended necessity that they desire and indeavour to settle peace in our Kingdome Thirdly Is not peace the greatest Earthly blessing that God can bestow upon us and hath promised out of his love to give us as a most SIGNALL favour is it not the thing we have all payed for fasted for fought for paid for longed for and earnestly desirid for many yeares doe not all Counties Cities Villages Families yea every sort except those who make a trade of Warre to enrich themselves by the Kingdomes ruines but more especially distressed Ireland cry all out unto us with one unanimous cordiall and continuall clamar Peace Peace for the Lords sake No more Warres no more blood shed no more plundering no more free quarter no more taxes but Peace Peace or else we perish And if so the generality of the people and Kingdome being by the Armies principles the originall and fountaine of all just power there is an absolute necessity lyes upon us who are their trustees to make and setlle Peace but no necessity for the army to hinder or secure us from effecting it yes a necessity for them to assist us in it and release us to accomplish it which by Gods blessing we had done ere this Object All that they can object is That we would have made an unsafe and dishonourable peace with the King upon his owne termes to the peoples prejudice and enstaving Answ. To which I answer 1. It is the foulest falsest and most malicious scandall that ever man could invent which the ensuing Speech will abundantly refute to the shame of those who dare to aver it in print 2. Admit it true yet an unjust and unequall peace is better safer and more honourable for us now we are quite exhausted and can manage warre no longer and Ireland so neere its ruine then the justest Warre which ought not to be undertaken at first without absolute necessity and nes to continue one houre longer then that necessity endures especially if it be a Civill Warre between those of the same Nation blood Religion or a defensive Warre as our Warre is who have now no armed Enemies to encounter and so there can be no pretence of necessity to continue a Warre or so great a recruited Army unlesse it be to enslave us to martiall Law and Tyranny in stead of peace and Liberty 3. Neither God nor the Kingdome nor Majority of the people ever made the Army Iudges of the goodnesse or badnesse of the intended peace but the Parliament onely the onely proper Iudges likewise of the necessity of peace or Warre And therefore for them thus forcibly to wrest this Iudicatory out of the Houses bands without a lawfull calling to it and to imprison those who are Iudges of it is neither Christian nor warrantable but the highest insolency and Rebellion ever offered to any Parliament in any age And upon this account every Souldier who hath a cause depending in Parliament or in any Court of Iustice may by as good Iustice and reason pull all the Members out of the Houses and Iudges from the Benches that would not give Iudgement for him be his cause never so unjust and make himselfe or the Generall Councell of the Army his onely Iudges who may proceed to Iudgement on his side before any hearing or appearance before them by his adversary in such sort as they have proceeded against us But admit there were an extraordinary necessity for publick good as is pretended yet to make necessity a plea for to justifie any mâ—rall sinne or evill is monstrous in an Army of Saints Nulla est necessitas delinquendi quibus una est necessitas non delinquendi was the Primitive Christians Maxime who chose rather to die the cruellest deaths then commit the smallest sinne Had Hugh Peters John Goodwin and these Army-Counsellors lived in our Saviours dayes they could have taught St. Peter how to have denyed his Lord and Master thrice together with Oathes and curses as the Army have denyed and imprisoned their Lords and Masters and cast them into bell with Oathes and curses too and to have justified it in stead of going forth and weeping bitterly for it as he did because be did it onely out of necessity to save his life when he was in danger If these Army-Saints had lived in Iulian the Apostate's dayes they could have instructed his Souldiers how to have sacrificed to his Idols by throwing but a branch into the Fire out of necessity to sare many precious Souldiers lives rather then to be mariyred for refusing it And had Catesby Faux Winter and Piercy wanted an advocate or Ghostly father to encourage them to blow up the Parliament-House King Nobles and Commons at once and justifie it when they had done it the Generall
more now in this then they have demanded heretofore And therefore having granted more then what would have fully satisfied them in former Treaties his Concessions in this may be fully satisfactory to us so far as to close with him to settle a firm peace in the Kingdome now at the brink of ruine though they fall short in somethings which we now propounded which do not much concern our security as I shall prove anon The true state then and sense of this Question must be this and no other Whether the Kings finall Answers to the Propositions of both Houses in this Treaty considered and weighed all together be not so full and satisfactory in themselves that this House may and ought to accept of and proceed upon them for the speedy settlement of a safe and wel-grounded Peace both in Church and Common-wealth rather then reject them as unsatisfactorie and so hazard the life of all and the perpetuating of our wars and miseries In this sense I humbly conceive and hope to evidence them so clearly fully satisfactory that we can neither in point of duty prudence justice honor or conscience reject them as unsatisfactory but ought to imbrace them as the only safe ready way to our peace and settlement though they come not up so fully to some of our Propositions as I could have heartily desired for the avoiding of this hazardous debate For my clearer progresse in this grand debate I shall observe this method First I shal clearly manifest that the King in this Treaty hath granted us whatsoever we can wel desire for the present settlement future security of the Common-wealth or state when ratified by Acts a regal oath as is intended yea far more then ever our Ancestors or any Subjects in the christian world enjoyed or desired of their Ks. for their security preservation against their armed power or legal prerogatives Secondly That the King hath granted as much in this Treaty as will settle and secure the Peace and Government of our Church and Religion against Popery and prelacy on the one hand and prophanenesse on the other hand and more then we or any Protestant Churches ever enjoyed or demanded heretofore for their security and settlement When I have made good these particulars and answered the Objections made against them I hope every one of us who have any ingenuity reason or conscience in their brests and are not transported with passion or private engagements to the contrary will and must of necessity vote these Answers satisfactory in the sense forestated I shall begin with the first of these namely the Kings Answers to all these Propositions which concern the present settlement and future security of the State and Republike against any armed force or invasions of the Regall Prerogative to the enslaving or prejudicing of the Subject which in my poor judgement are so full and satisfactory that little or nothing can be added to them and if we well consider them we have cause to say O fortunati nimium bona si sua norinâ— I shall give you a full view of them all because many of them have not been so much as once remembred in this debate and apply them to our present settlement and future safety as I mention them The first Proposition for the settlement of a safe and wel-grounded Peace is that which concerns the justification of the Parliaments War declaring it by an Act of Parliament to be passed to be in their just and lawfull defence justifying the Solemn League and Covenant in prosecution thereof and repealing all Oaths Declarations and Proclamations heretofore had or hereafter to bee had against both or either Houses of Parliament their Ordinances or proceedings or against any for adhering unto or executing any Office Place or Charge under them and all Judgements Indictments Outlawries Attainders Inquisitions in any of the said causes and all Grants thereupon made had or to be made or had to be declared null suppressed forbidden and never put into execution And this to be published within all Parish Churches and all other places needfull within his Majesties Dominions To this proemiall and advantagious proposition the King hath fully and readily condescended at first in every tittle as was desired By this concession the Parliament hath gained sundry considerable advantages tending to their present honour and future security First a full publick acknowledgment of the justnesse of their Warre and Cause to be ratified and perpetuated to posterity by the highest record that can be an Act of Parliament and that to be read in all Parish Churches throughout England Ireland and other the Kings Dominions and proclaimed in all Counties Cities Corporations and at Assizes and Sessions of the peace that so all men may take publick notice of it Which is such an honour to and justification of them and their Cause as was never condescended to by any King that took up arms against his Subjects since the creation to this present and so low a humiliation and Legall disclaimer in the King of his Warre against the Parliament and disavowing of his Cause and Party as could possibly be imagined or expected Secondly It secures the Lives Liberties and Estates of all the Members of both Houses engaged in these Wars and of all persons whatsoever that have adhered to or acted for them against all former present and future Impeachments Prosecutions and Judgments whatsoever and makes void and nul what ever hath been is or may be objected against them Which coupled with the Act of Indempnity and Oblivion proposed by the King and agreed to by the Houses wil extraordinarily secure pacifie content all wel-affected Members and persons who have adhered to them in this Cause and preserve them from the danger of 25 E. 3. and other Laws concerning Treasons which otherwise upon any revolution of times and affairs might by corrupt Judges and Instruments be extended and rested to their prejudice aud undoing Thirdly it laies a foundation for the lawfulnesse of a defensive War by Authority of both Houses upon the like occasion in all future ages without incurring the guilt of Treason or Rebellion which will be a great encouragement and security to the Subjects and engagement to them to adhere to the Parliament in after-times Fourthly It wil very much discourage and deter all kind of men from taking up Arms in the Kings His Heirs and Successors behalfe against the Houses of Parliament when they shal cast their eyes upon this Act and behold the King himselfe passing such a censure upon all his own proceedings and retracting his own Oaths Proclamations Commissions Inditements Grants against such Members all others who have now taken up arms against him for the Houses Kingdoms defence So as this very first Proposition only if well weighed without any others added thereunto being so fully and freely consented unto by the King tends very far towards our present settlement and future safety
Seal against the Parliament to publick Justice who cannot plead it in Barre or excuse in any Court after it shall be nulled and repealed by an Act. Fifthly a great disparagement dishonour and disadvantage to the English Cavaliers Irish Rebels and their cause and proceedings with a future disingaging of them and al their Party from the King and his interest who hath so far dishonoured deserted and disclaimed them as thus to null and repeal all Honours Titles Grants of Offices Lands or Tenements bestowed on any of them for any services done or Assistance given by them to the King in his Warres against the Parliament A very high point of humiliation and self-deniall in the King and such a blow to his Popish and Malignant party that I dare presume they will never engage in his behalfe nor trust him for the future which will much conduce to the settlement of a firm and lasting peace and prevent new VVars if accepted of 6ly Indempnity and security for all the Commissioners of the new Great Seale against all scruples which may arise upon the Statute of 25. E. 3. for using and sealing with it if ever the times alter which every prudent man will readily embrace where it is freely offered and not peevishly reject in such an age of danger and incertainty as this in which no man is secure of his life liberty or estate on either side The next Concession of the King in this Treaty is this That by Act of Parliament all Peeres made since Edward Lord Littleton deserted the Parliament and conveyâ—d away the Great Seale on the one and twentieth day of May 1642. shall be Vn-Peer'd and set by And all other titles of honour and precedency as Lordship Knighthood and the like conferred on any without consent of both Houses of Parliament since the twentieth of May 1642. shall be revoked and declared null and void to all intents and never hereafter put in use And that no Peere who shall be hereafter made by the King his heirs or successors shall sit or vote in the Parliament of England without consent of both Houses of Parliament This Concession of the Kings is of great concernment to the Kingdome and I conceive without president or example in any age or King in the Christian world First it secures us from our formerly feared danger of a designe in the King by new created Peers to make an over-ruling party at any time in the Lords House wherein the Iudicatory of the Parliament principally consists which danger and inconvenience by secluding the Bishops out of that House by an Act already passed and by this disabling all new Peers hereafter to be made to sit in that House without consent of both Houses is for ever totally prevented Secondly It gives such an extraordinary new power to the House of Commons as they never formerly enjoyed or pretended to to wit that no Peer created by the King himselfe or by the King or Lords in Parliament who usually created Peers in Parliament without the Commons privity or consent in former times shall be henceforth inaabled to sit or vote as Peers of Parliament but by consent of the House of Commons as well as of the King and Lords By which provision the Commons are made not only in some sense the Judges of Peers themselves which they could not try or judge beforeby the expresse letter of Magna Charta chap. 29. and the Common Law but seven their very Creators too Thirdly It is an extraordinary prejudice and blemish on the Kings cause and an extream dishonour dissatisfaction disengagement upon his own party then which a greater cannot be imagined For what higher affront or disgrace could the King put upon those Nobles Gent. others who have spent their estates lost their blood limbs and adventured their very lives in this cause against the Parliament and received no other reward for it but an empty title of honour perchance a Kightship Lordship or the bare title of a Marquesse Earl or Viscount which they have enjoyed but a year or two with little benefit and lesse content to be thus by Act of Parliament with the Kings owne Royall assent who conferred those titles on them for their gallant services in his behalfe thus suddenly degraded and divested of them all as if they had never been A perpetuall brand to them their posterity who must be inforced to give place to such of whom they have had precedency place by vertue of these dignities Which high affront and scorne I am verely perswaded will pierce and break many of their own at least their Ladies hearts and for ever disoblige them in the highest degree 4thly It will make all the ancient and new Nobility and Peers of England lesse dependent on the King lesse complying to serve his ends upon all occasions being never able to gratisie or reward them though never so ambitious with any new Honours or Peerships without consent of both Houses of Parliament whom they dare not displease or disoblige for fear of crossing them in their desired dignities and titles as well as in their great Offices which are both now in their disposall not in the Kings alone In brief the King in his Concession hath manifested the greatest humiliation and self-deniall that any King since there was a Kingdome in the world hath done It is and hath been the ancient and undoubted prerogative of all Kings in the world but especially of the Kings of England to conferre honours dignities of all sorts especially Knighthood on whom they shall think meet and more principally on those who have merited it by their gallantry in the field as Mr. Selden proves at large in his Titles of honour and others who have written of that Subject Now for the King out of a desire only of a happy peace and settlement not onely to part with much of the Royall Prerogative which all other Kings in the world enjoy for the future but to repeal the Honours and Titles conferred by him on his adherents for reward of their services in times past during all these wars is such a miracle and high degree of selfe-deniall as no age hath produced the like and that which most of this house had the King prevailed would have rather lost their lives had they conferred any such Titles on their Generalls and Commanders then have condescended to should the King require it And therefore I cannot agree with those over-censorious Gentlemen who so oft inculcate this that they can see no humiliation at al or change of heart in the King when I find so great a change and deep a humiliation in Him in this and all other forementioned free Concessions without any or little hesitation and I heartily wish their owne hearts were as much humbled as his and then I doubt on but they would thankfully embrace rest fully satisfied with his concessions for their owne and the Kingdomes benefit The next proposition tending