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A84700 A declaration of the last demands propounded by his Excellency Sir Thomas Fairfax, and the Councell of his Army to both Houses of Parliament, for vindication of the Parliament, for justice, and for the peace of the kingdome: with the answer of the House of Peers, and their approbation and order to returne thankes to the Gen: and the army. England and Wales. Army. Council.; Fairfax, Thomas Fairfax, Baron, 1612-1671.; England and Wales. Parliament. House of Lords. 1647 (1647) Wing F155; Thomason E404_3; ESTC R201843 6,190 8

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A DECLARATION Of the last DEMANDS Propounded by his Excellency Sir Thomas Fairfax and the Councell of his Army to both Houses of Parliament for vindication of the Parliament for Justice and for the Peace of the Kingdome with the Answer of the House of Peers and their approbation and Order to returne thankes to the Gen and the Army THE Houses being restored to a Condition of present safety honour and freedome Two things seeme clearly remaining to be done which our own and most mens expectations are most set upon viz. First to vindicate the honour freedome and safety of Parliament from the like affronts and violences in future and the Army and Kingdome from danger of the like disturbances whilst things shall be in a debate or treaty for a settlement and then to proceed unto a speedy settlement of the peace of the Kingdome The latter of these is first in our intentions being nearest to the ultimate end And we shall earnestly desire that in order thereunto The proposalls of the Army whereof the heads are published may be speedily considered and brought to a resolution But considering that the debates of them may take up some time ere they be agreed on all hands and the framing of them inty Bills and perfecting of the same will require much more Somthing must first be done in the former for a present security to the Parliament from like affronts or violence and to the Army and Kingdome from the like disturbances to the peace thereof by any further advantage which the time like to be spent in the setling of peace may afford to our watchfull restlesse and we doubt implacable enemies First therefore to these ends unlesse it should be thought fit to secure the Parliament by keeping the whole body of the Army or so great a part thereof to remaine continually in and about London as might be sure to verpower any future tumults or force that may arise out of the City which neither the welfare of the City and ease of the parts adjacent nor the safety of the Kingdome in respect of the present posture of affaires will admit It is absolutely necessary that there be speedy and exemplary Justice done upon at least the chiefe authors or abettors of the said treasonable engagement and of the said force done to the Parliament and upon the chief actors in maintenance and prosecution thereof whereby men may be deterred from the like in future And this is also as necessary to the security of the Army and peace of the Kingdome since it is apparant by all that hath been said and by infinite other evidences too many to recount That both the said ingagement and the force done to the Parliament and the power of the City M●litia thereby gained and the succeeding votes and orders of the pretended Houses but indeed of that faction that are our professed enemies in maintenance and prosecution thereof and the Forces thereupon leav●ed put and 〈◊〉 the Command of Major Gen. Massey and others 〈◊〉 adversaries were all designed and directed to the ruine and distruction of this Army and the raysing of a new Warre against us in this Kingdome A dissaving had such experience of their restlesse malice and cruel intentions towards us notwithstanding our tendernesse and lenity towards them and of their treacherous dealing so soone as they thought they had the advantage no withstanding all their semblances of complyance to a composure What reason is there to expect but that if by our patience and delayes they apprehend in future the like or other advantage they will breake out againe into the like or worse attempts of violence and War if all escape with impunity for these But as to this point of security by exemplary justice in an ordinary way we see our hopes almost frustrated whilest though our desires and resolutions to that purpose exprest in our late declaration of our advance towards London were then seconded with the declared approbation and concurrent resolutions of the Speakers and Members of both Houses that were driven away to the Army and with their engagement to live and dye with us therein And though in pursuance thereof the Right Honourable House of Peeres have since their restitution begun and proceeded to declare null and void all that was done in the name of both Houses while they lay under the power of that tumultuous violence and to give their more authentique approbation to our said Declaration made in behalf of the said Speakers and Members while they were with the Army And i● behalf of the honour and freedome of the Parliament and to give their like approbation to the Concurrent Declaration and Engagement of the said Speakers and Members made to us while they were with us yet the House of Commons hath not onely not concurred with the Lords in any of those things but rather seeme to have cast them aside And upon the Question concerning those very Votes of the said 26. of July To which the Houses were by the said violence inforced whether they should be declared Null and void it was carried in the Negative That the question should not be put by the consequences whereof which are many wayes very sad this poore Kingdome and more then we can recompt and by all subsequent proceedings in that House in relation to the whole businesse we clearely finde That the Members of that House who after the violence done to it and during the absence of the Speaker and the other Members thereby driven away proceeding in the name of that House as aforesaid procured the pretended Powers and did make the pretended Votes Orders and Ordinances afore mentioned and many of them were the Factors thereupon for the leavying of war in prosecution and maintenance of the aforesaid treasonable engagement and force done to the Parliament and for the opposing resisting and destroying of this the Parliaments Army in its advance to London for the restitution of the Parliament to its Honour and freedome being conscious of their own guilt and danger thereby yet presuming on their interest in the House and the patience and lenity of this Army doe continue and intrude themselves and to sit and Vote there and by their present interest in the House doe use their utmost endeavours and very much prevaile to obstruct and avoyd the bringing of any to Justice who have acted under their pretended Authority knowing it to be their own case and concernment in point of impunity as well as conducency to their faction and interest And for that cause they labour As for life to uphold the things past and done and the Authorities given by them and their Faction in their and the Apprentices pretended Parliament yea even those very Votes and Authorities wrested from the Parliament by that palpable force of July the 26. to be good and valid untill they be repealed as if past in a free and legall Parliament in which Point and all Questions touching upon it we finde they
presume upon and are strengthened by the conccurrence of divers other Members who having perhaps with harmlesse intentions continued to sit with them during the Speakers absence as aforesaid though they consented not to any of their mischievous Votes and Orders or treasonable proceedings ofore mentioned may yet feare themselves to be involved in the same case and danger by having sate with them And thus by the concurrence of these two Parties in the House as to that point and the interest which both those Parties have with others in the House especially upon a matter of saving one another and by the partiall respects of some others in the House for the saving of their friends out of the House who have acted under the authority and for the evil ends aforementioned we finde an absolute obstruction to the bringing to Justice or questioning of any who have acted in the late leavying of War against us and against the vindication of the Parliaments freedome or in the said treasonable engagements yea or in abetment of the tumultuous violence upon the Parliament it self neither can we finde or heare of any one Person hitherto brought to Justice or Question for any of these things but all seeme to be either justified or at least protected from Justice by the power and prevalence of those Members in Parliament who are many of them as we can make appeare equally guilty of and others in some kinde obnoxious for the same things and thus not onely our just expectations of vindication to the Parliament and security to our selves and the Kingdome from the like treasonable and turbulent practises in future by exemplary Justice for what hath beene so done are frustrated but even the safety and immunity of the Speakers and those faithfull Members of both Houses that were driven away by the violence aforesaid and the immunity of the Army in advancing to London to bring them back and restore the Parliament to its Honour and Freedome which hath been acknowledged with publike Thankesgiving to God for it as aforesaid is subjected and exposed to question where in theirs and ours and the Kingdoms enemies obtrude themselves to be the Judges for if those pretended Votes Orders and Ordinances whereby War was leavied against them and us were then good and valid though they should now be repealed yet we with the Speakers and those Members aforesaid in opposing of them while they were of force must needs remain transgressors still and yet God and we are thanked for it what a mock is this to God and man But to returne to the more serious consideration of our case in relation to the security of the Parliament Kingdom and our selves against the like turbulent and treasonable practises in future since by the meanes aforesaid no security by exemplary Justice can at present be had to deter any from the like we wish all men to consider what streights we are in this case put upon That which is the main work of the Kingdome and which we most earnestly thirst for and attend upon viz. the setling of a peace and consideration of our Proposalls in order thereunto will aske ●●me to bring it to an issue and that done the releiving or remedying of 〈◊〉 pressing grievances of the Kingdome will take up and require the sitting of the Parliamen for some further time though upon the setling of a Peace a period be set for the certain ending of it now for the body of this this Army or so great a part of it as may serve to over-poure any future tumults or force that may arise in or from the City to coninue hereabouts so long as the Condition of the Countrey hereabouts and the necessities of the Citie in point of provision cannot well beare it and we doubt forraigne Forces that are already upon the wing and turbulent spirits that in severall parts of the Kingdome are beginning insurrections if we continue fixed here will have such opportunity and take such encouragement therefrom as that they may ere long necessarily call us off should we now or hereafter while the Parliament sits draw off the Army from about the City without exemplary Justice upon some would not the same or more dangerous tumults and violences probably return upon the Parl. the like or worse practises of raising a new war be revived with more advantage to our enemies more danger to us and the kingdom and lesse hopes of appeasing it so easily and happily as the former while the same violent and factious spirits both in the Parliament and elsewhere shall continue in the same power and oportunities as formerly and both they and all others shall have before their eyes the incouragement of that impunity and protection yea rather that justification which they have hitherto found from within the Parliament it selfe in the past practises aforementioned though as grosly treasonable as any they can hereafter run into should we or any others for the obtaining exemplary Justice upon some proceed to impeach any for their past treasonable practises what hopes of justice or of a timely dispatch therein can we have while such a prevailing party of new interested and concerned in the same things shall in the House of Commons continue to be Judges thereof or at least be ready to avow and justifie the offenders therein as having acted under their pretended Authority In this straight therefore though we have ever been and shall be most tender of all just Priviledges of Parliament finding the root of these and other difficulties to the Parliament yet Kingdome and our selves to lye in this viz. that that those Members of the House of Commons who during the forceed absence of the Speakers of both Houses continuing to sit and act as a Parliament did procure and consent to the pretended Votes Orders and Ordinances aforementioned for levying of Warre and that as is before demonstrated in direct prosecution or maintenance of she aforesaid treasonable ingagement and the violence done to the Parliament and for the opposing resisting and destroying of this the Parliaments Army in its advance towards London only to restore the Speakers and Members of both Houses that were driven away and the Houses themselves to their honour and freedome and who are thereby and by their late owning and avowing of the same and many of them as we can prove by acting personally in the said treasonable practises become parties to the same doe yet take the boldnesse to sit and vote in Parliament especially in the House of Commons we say finding the maine root of our difficulties and dangers lying in this First we appeale to all men whether it be just or tollerable that any privilede of Parliament should contrary to the Law of Nature make a man iudge in his own case and concernment And next we wish those men themselves to consider if we had come to an ingagement with the forces raised by vertue of their pretended Votes and Ordinances and that thousands had been