Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	act_n	house_n	parliament_n	3,356	5	6.7800	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91317	A vindication of the imprisoned and secluded Members of the House of Commons, from the aspersions cast upon them, and the majority of the House, in a paper lately printed and published: intituled, An humble answer of the Generall Councel of the officers of the Army under his Excellency Thomas Lord Fairfax, to the demands of the Honourable Commons of England in Parliament assembled: concerning the late securing or secluding some Members thereof.	Prynne, William, 1600-1669.	1649 (1649)	Wing P4128; Thomason E539_5; ESTC R7280	23,082	37

taking off Declarations c. as was desired His Majestie granted the third Proposition concerning the Militia as was desired His Majestie consented to the Proposition of Irela limiting the time of the Parliam disposing Offices to 20. yeers His Majesty consented to such Acts for Publike Debts and Publike uses as should be presented within two yeeres and incurred within the time His Majesty granted as it was desired to the Proposition ●ncerning Peers His Majesty granted the disposing of Offices in England to the Parliament so that the time limitted exceed not twenty yeares His Majesty granted the taking away the Court of Wards having 100000l per annum allowed in leiw thereof to bee raised as the Parliament shall think fit His Majesty granted to declare against the Earl of Ormonds power and proceedings after an agreement with his Houses The onely difference remaineth upon two Propositions that concerning Delinquents and that concerning the Church For the first of these wee shall here set down that part of the Kings ●●all answer wherein the difference lieth And his Majesty doth consent that the severall persons comprised in the said Propositions shall submit to moderate Compositions according to such r●tes and proportions as they and the two Houses shall agree upon The particulars whereof his Majesty leaves wholy to such agreement desiring only that the rates and value may be mittigated and reduced to a more moderate proportion and his Majesty will give way that the persons insisted upon by his two Houses shall be removed from his Councell and be restrained from comming within the verge of the King Queenes and Princes Court and that they may not beare any office or have any imployment in the State or Common-wealth without advice and consent of both his Houses of Parliament But his Majesty cannot agree that those who do the contrary shall incurre such severe penalties as to be guilty of high Treason and forfeit their lives and estates without any capacity of pardon as in the said Proposition is contained there being a penalty legally implied upon the breach of any Act of Parliament which his Majesty intends not to disponce withall As to the seven persons mentioned in the said Votes to bee excepted his Majesty for the peace of the Kingdom will consent that they may absent themselves out of the Kingdom for such time us the two Houses shall think fit desiring neverthelesse that they may be admitted to Composition for their Estates and if any of them shall be proceeded against according to the ancient and established Law of the Kingdom his Majesty will not interpose to hinder any legall proceedings thereupon but that his Majesty should joyne in any Act for the taking away of the life or estates of any that have adhered to him his Majesty cannot with Iustice and Honour agree thereunto As to all other persons mentioned in the Propositions his Majesty will further consent that they shall not sit or vote as Members or assistants in either House of Parliament nor continue nor bee of his Majesties privy Councell Officers of State or Iudges or in other Offices without consent of both Houses As for all Clergy men against whom any scandalous life can be proved or other legall Charges his Majesty wlll remit them to the Law But for all others who shall conforme to what his Majesty and his two Houses shall agree upon his Majesty conceives fit where their livings are void they may be restored to them and where any other is incumbent in any of their preferments that the party now outed of his living may receive a third part of the profits unlesse he be otherwise provided that thus the one may not want a livelihood nor the other be outed of any living untill some fitting preferment be found for eithor In this answer though the King doth not fully grant what the Houses desire yet he consents to joyne with the Houses in making them incapable of bearing any Office of publique trust without the consent of the Houses And for these whom the Houses propose to compound with the King leaves them to such Compositions as they and the Houses shall agree on which is the conditioo they are now in the Houses forceing composition upon none but by sequestration of their estates which continues untill they compound And for these whom the Houses proposed to proceed against capitally the King leaves them to a legall tryall with a Declaration that he will not interpose to hinder it which satisfied the maine grievance of the Parliament as we conceive dedeclared in the beginning of their War concerning Delinquents which was not for that the King refused to joyne himself with the Houses punishing of Delinquents but for that the King by force of Armes protected Delinquents from justice and all that the House did desire in the Proposition concerning Delinquents presented to the King at Oxford February 1642. was that your Majesty leave Delinquents to a legall tryall and judgement of Parliament And wee see not what evasion from Iustice is left to such as have made War against the Parliament and Law of the land when the King first by a Law declares the Parliaments war to be just and afterwards leaves these that had fought against them to the judg●ment of the ●awes The second Proposition wherein the onely materiall difference resteth is that of the Church which standeth thus viz. The Houses proposed that a Bill be passed for the utter abolishing of Arch-Bishops Bishops c. and for sale of Bishops Lands That Reformation of Religion bee setled by Act of Parliament in such manner as both Houses have agreed or shall agree upon To which the King answers That it is his judgement and conscience that he cannot as he stands yet informed abolish Episcopacy out of the Church yet because he apprehends how fatall new distractions may be to this Kingdom and that he beleeves his two Houses will yeeld to truth if that shall bè manifested to them if convinced his Majesty doth again desire that there be a Consultation of Divines as he hath formerly proposed and his Majesty will suspend the Episcopall power as well in point of Ordination of Ministers as in that of Iurisdiction untill he and his two Houses agree what Government shall be establisht in the future As for the Bishops Lands though hee cannot consent to the absolute alienation of them from the Church yet he will agree t●at the propriety and inheritance shall by Act of Parliament be setled in the Crowne to be declared in trust for the use of the Church-men to be imployed by his Majesty his heires and successours with advice of his two Houses for the use aforesaid and that Leases shall be made for lives or years not exceeding 99 years for the satisfaction of the Purchasors and Contractors according to his former answers or reserving the old rents or other moderate rents for the maintenance of them to whom they did formerly belong and for the future

benefit of the Church And in all things else his Majesty refers himselfe to his former answers And in his former answers dated October 21. 1648. He consents to the taking away all Arch-bishops Chancellours Commissaries Deans and Sub-deans and Chapters Arch deacons Cannons and Prebendaries and all Chanters Chancellours Treasurers Succentours Sachrists old Vicars new Vicars of any Cathedrall Church and all other their under officers out of the Church of England Dominion of Wales and Church of Ireland In these answers as wee conceive the King takes away the government of the Church by Arch-bishops Bishops c. by his taking away their Courts the Bishops having no authority to convent any person send for any witnesse heare any cause passe any censure or judgement or exercise any Acts of Church Government but by and in their Courts which being by this answer abolisht the Government fals And for their power of Ordination though it bee not absolutely taken away yet the exercise of it is susp●nded so as it is equivalent for the Bishops can never exercise that power againe in England untill they be restored hereunto by Act of Parliament And if that power had been absolutely taken away yet if the King and both Houses of Parliament restore it it is againe establisht So that the maine desect in this answer is in that the King agree● to settle the Presbyteri●n Government onely for three yeares and that at the end of that time there is no Government in the Church untill it bee setled by Act of Parliament Wee professe herein that the Kings Answer comes farre short of what we desired and of what we shall use our best endeavours fully to effect according to former engagements there being nothing wherein wee should more rejoyce then to see as the power and purity of Doctrine so the beauty of Order and golden Reynes of Discipline strengthned and establ●sht by a perpetuall Law amongst us Yet the King consents to the s●●ling of this Government in this Answer for so long a time as the Hou●es formerly in their Ordinances presented to him at Newc●stle did themselves think fit to settle it This b●ing the true st●te of the d●fference betwixt the Kings Answer and the Proposi●ions of the Houses for a safe and well grounded Peace which were the subject of the Houses debate Decemb. the 5th We shall in the next place before We come to those Reasons which induced Us thereupon to Vote that c. We shall premise First by this Vote the House did not determine as We conceive the having no further Treaty with his Majesty before a concluding and declaring of Peace nor was the Houses so bound up hereby that they could not propose any thing further wherein the Kings Answers are defective or from making any new Propositions for the better healing our b●e●ches or more safe binding up a just and righteous Peace which as it doth appeare by the Words of the Vote it selfe so it is also manifest to bee the full purpose and sense of the House therein by their laying aside the former Vote that the Kings Answers are satisfactory by a Question upon a long debate And at the same time framing and passing this Vote whereby they only lay hold of these large Concessions and declare their judgements thereupon against a breach with the King and continuance of this unnaturall Warre betwixt the King and his people upon the difference at last by the blessing of God brought into so narrow a compasse And this being a true state of the matter then in debate and Our sense in the Vote that passed thereupon Wee judged it most consistent with Our duties as Christians and our Trust as Members of Parliament to make this step having so much ground given Us towards the happy settlement of thi● Kingdom in Peace This being publisht in Print to be so high a crime in Us as to justifie whatsoever the Army hath done against Vs and God and Man being appealed unto therein We shall here lay down some of the Considerations both on the one hand and on the other which carryed our Iudgements to the passing this Vote 1. The advantages by this proceeding towards a close with the King upon what hee hath granted are the saving of the Kingdome of Ireland out of the hands of the bloudy Popish Rebels and preserving it to the Crown of England the regaining the revolted Navie and freedome of the Seas the support of the Ancient and well constitu●ed Government of this Kingdome the honour of Parliament in making Peace after so troublesome a Warre and in a word the stoping the most sad issue of English bloud that ever was opened in this Nation and the putting of the people of this Kingdome into possession of greater security of their Lawes and Liberties against the over growing power of the Kings Prorogative then ever any of Our Ancestors in the greatest of their successes could ever attaine unto The consequences visible in our eyes if we should upon the matter in difference have made a breach with the King are 1. The deposing if not the taking away the life of the King what miseries upon either of these have formerly ensued to this Kingdome our own Histories tell Us Although for the latter which Wee unwillingly mention there was never any president for it in this Kingdome nor ever made by any Protestants in the World and We desire it may never bee done by any in this Kingdome being that which from our harts We doe detest and abhorre We cannot but remember in the end of our Warre the day wherein God hath given Vs prosperity the Declarations which We made in the beginning of Our Warre and the obligations which We laid upon our selves and the Kingdome when we were low In the Petition of Lords and Commons presented to his Majesty by the Earl of Stamford c. April the 8th 1642. are these words viz. That you will please to reject all Councels and apprehensions which may any way derogate from that faithfulnesse and Allegiance which in truth and sincerity We have alwayes born and professed to your Majesty and shall ever make good to the uttermost with our Lives and Fortunes In a Declaration and Protestation of the Lords and Commons assembled in Parliament setting forth the Cause and ends of their taking up Armes to this Kingdome and to the whole World Octob. 22. 1642. are these words viz. We the Lords and Commons in this present Parliament assembled doe in the presence of Almighty God for the satisfaction of our consciences and the discharge of that great Trust which lies upon Vs make this Protestation and Declaration to this Kingdome and Nation and to the whole World That no private passion or respect no evill intention to his Majesties Person no design● to the prejudice of his just honour and Authority engaged Vs to raise Forces and take up Armes against the Authors of this W●rre wherewith the Kingdome is now inflamed and We

A VINDICATION OF THE Imprisoned and Secluded MEMBERS OF THE House of Commons From the ASPERSIONS cast upon them and the MAIORITY of the House in a paper lately printed and published INTITVLED An Humble Answer of the Generall Councel of the Officers of the Army under his Excellency THOMAS Lord FAIRFAX TO THE Demands of the Honourable Commons of ENGLAND in Parliament Assembled Concerning The late Securing or Secluding some MEMBERS thereof PSAL. 27. 5 6. Commit thy way unto the Lord trust also in him and he shall bring it to passe And he shall bring forth thy righteousness as the light and thy judgement as the noon-day LONDON Printed for Michael Spark an the blue Bible in Green-Arbour 1649. A Vindication of the imprisoned and secluded Members of the House of Commons from the Aspersions cast upon them and the Majority of the House in a Paper lately printed and published Intituled An humble Answer of the Generall Councel of the Officers of the Army c. to the Demands of the Honourable the Commons of England c. AFter our being secluded and some of us imprisoned and detained from our Service in the House of Commons of which we are Members now for above six weeks space finding a paper published in print against us wherein we are reproached with the names of Traitors Apostates Self-servers corrupt Members and divers other aspersions of the like nature charged upon us We are enforced for our Vindication and which is dearer to us the Vindication of the Freedom and Honour of the Parliament and for preventing the matters suggested against us in that Paper from abusing those by whom we are entrusted who might judge us guilty if should be silent to make this ensuing Answer to that paper In the Preamble of this Answer by way of Accompt concerning the securing some Members and secluding others It appears by the Proposals of the sixth of December the late Declaration and Remonstrance therein cited That this designe to break the House by force hath been long since plotted and contrived though not executed untill now Which Action the General Councel of the Army in their Answer say We acknowledge it to be a Course in it self irregular and not justifiable but both by honest intentions for publick good and an extraordinary Necessity for the same end leading us thereunto These being the two pillars upon which is laid the whole weight of the justification of the Army in this extraordinary and we beleeve unparallell'd course of proceedings We shall apply our selves to discover the weaknesse and unsoundness of them both For our more clear proceedings herein we shall first state the Case which is endeavoured by this paper to be justified They are an Armie raised and formed by Ordinance of Parliament of the 15 of February 1644 for the defence of the King and Parliament and true Protestant Religion the Laws and Liberties of the Kingdom and to be from time to time subject to such Orders and Directions as they shall receive from both Houses of Parliament And for that end they stand commissionated by them and receive pay from them at this day And besides the Trust they hereby have assumed they are under the obligation of a solemn Covenant sworn to Almighty God That they will in their places and callings with sincerity reality and constancy with their estates and lives preserve the Rights and Priviledges of the Parliament and the Liberties of the Kingdome and defend the Kings person and Authority in the defence of the true Religion and Liberties of the Kingdom They being under these Trusts and Obligations by and to the Houses with their Arms contrary to their Orders marched into Westminster and without any order from them they placed some of their Regiments at and about the door of the House of Commons upon the sixth and seventh of December last and there with a List of the names of divers Members of the House their Officers and Souldiers appointed for that purpose forcibly secluded some seized upon imprisoned and detained others from their attendance of the House and occasioned many others to absent themselves The Question now is Whether any thing in this paper can justifie this Action of theirs either upon the good Intentions or Necessity pretended therein This being the point in Issue which they affirm and we deny We shall now proceed to consider their grounds For their good Intentions which cannot be known to us but by their expressions and actions they referre us to their Proposals Declarations and Remonstrances where wee finde their desires are to take away the Kings life to take away the lives of the Prince and the Duke of York at least to dis-inherit both them and all the Kings children to put a period to this Parliament to set up a new Representative which takes away all Parliaments to have an elective King if any These are the intentions for publick good which must come in to help their actions that are confessed to be otherwise irregular and unjustifiable We think the very naming of them doth manifest that they are apparantly against the Laws of God and the Laws of the Kingdom under which they live and have no justification for themselves much lesse any to spare for their actions whereof we leave the whole Kingdome for whose good as said these Intentions are to be judges And we shall produce no other witnesse to prove this but themselves On the 15 of November 1647 the paper called The Agreement of the people which is somewhat lower then these which they call Intentions for publick good was condemned by the Army the promoting of it judged capitall Colonel Rainshorough and Major Scot complained of by them to the House for appearing in it and the paper it self then adjudged by the House destructive to Government and the being of Parliament And upon this their evidence against themselves we leave this point And to proceed to the other ground of their justification viz. Extraordinary Necessity which is laid down in their paper thus After they have brought in their good intentions for their justification and what those are we have cited out of their own papers to which they refer us it is then added And an extraordinary Necessity for the same and leading us thereunto It appears in the first opening of this necessity of what nature it is that tends to such ends as they referre it But for the better disquisition thereof before we come to the particulars to set forth this necessity in this paper we shall lay down some generall Observations and Conclusions concerning this their Plea 1. The Army made the very same plea of extraordinary necessity in their Remonstrance June 23. 1647 that now is made in this paper upon quite contrary grounds then what they expresse now and both to justifie the same extraordinary violent proceedings against the Parliament differing onely in degrees this later worse then the former Then when the King was seized upon by a party of

obtained and enjoyed in the times of peace The usuall means whereby any of the Kings of this Land have made encroachment upon the good Laws granted to the people and their own agreements have been either by placing corrupt Judges or other Ministers in the Courts of Justice Who though they could not abrogate the Law yet they have made it speak against it self and their good for whom it was made or else by the power of preferring corrupt Courtiers to honour and profit to stop the course of Justice by the Councell-Table for a time Both these meanes are taken away from this King by what is agreed on in this Treatie The first in the Proposition placing the choice of Officers in the Parliament whereby as they have the Lawes they desire so they have the choice of the Judges and Officers that must administer them And the second in the Proposition barring the King from making any new Lords for the future to Vote in the House of Peeres without the consent of the Houses Which are a strong security against a politicke as the M●litia in the Houses is against a forceable breach of this Agreement Lastly we say That it cannot be expected of any Agreement should be made for peace settled after such a Civil War without some hazard of violation or interruption But whether the hazards and dangers be a breach upon such termes as are now in difference betwixt the Houses Propositions and the Kings answer be not more and greater and whether in case endeavours should be used hereafter to violate this agreement the Parliament might not then with more Justice and greater advantage draw the Sword then they can now keepe it unshathed upon the matter in difference Wee leave it to all sober minded men to judge And to what is said That they wanted not good intelligence that had they been suffered to meet all in the House but once more it was designed to have passed some higher resolutions to lay further foundations of such new quarrell so as to carry therein the name and countenance of Parliamentary authority together with the Kings and acceptable pretence of peace to draw men in and then to have adjourned the Parliament for a long time the exclusion of all remedy in the case but by another Warre Wee say the House at the passing Vote upon the Kings Answers immediately appointed a Committee to goe to the Generall and conferre with him and the Officers of the Army to keepe a good understanding betwixt the House and the Army Which shewed the full intent of the House to proceed by all amicable wayes with them not by force but by reason Which they were so far from attending unto as in duty and conscience they ought to have done and to which the Lord Generall promised his readinesse however it was hindered afterwards That they seized upon one of the Commissioners appointed to Treat with them affronted another of them and left no way for any conference that might have given them the the grounds of the Houses proceedings which gives grounds of suspi●ion that they were resolved to do what they had designed whatsoever the Houses had endeavoured to the contrary Thus we have the more largely opened the thoughts of our hearts for their satisfaction if it be possible and especially for the satisfaction of those that intrusted us in what we have done upon the result of this Treaty and in passing that Vote D●●●mb 5. That the Answers of the King to the Prepositions of both Houses are a ground for the House to proceed upon for the settlement of the peace of the Kingdome for which wee are charged to betray our Trust to bee selfe-servers to complect her in our wicked designs and the like For betraying our Trust as our faithfulnesse hath appeared by our services and sufferings so wee hope it will not be accounted belonging our Trust to endeavour the obtaining of a just peace and for serving our selves our owne hearts beare us witnesse that wee had not respect in this Vote or any private byasse towards our selves so all that know what threatnings were cast into the House in the Anmi●s Remonstrance and Declarations in the entrance upon this debate what power of the Army was then in this City what Language was commonly spoke amongst the Souldiers what Guards we then had will judge that we had more cause to be byassed by fear● from doing our duties then at that time to thinke to serve our selves by such a vote as this to which nothing but the forceable impulse of our consciences for the discharge of our duties could have led us And we now appeale even to the Consciences of those even the Army themselves although Souldiers whose advantages arise by Warre are not altogether the most competent Judges of constitutions for peace Whether this were to bring in the King upon his owne Termes or upon the Kingdomes Termes Whether the sixt and last particular of their account be ground of necessity to warrant their extraordinary course in secluding us from the House carrying us along the streets of this City by their Souldiers as if wee were their Captive slaves and to imprison our persons and reproach our names And to what they say in the close That these Members who are yet detained in custody they are either such who have beene formerly impeached and in part judged by the house for Treason and other crimes and never acquitted and against whom they can and very shortly shall produce new matter of no lesse Crime or else such who have appeared most active and united in Councells with them against whom also they are preparing and shall shortly give matter of particular impeachment Wee say as wee doubt not but by what wee have said already wee yet stand cleare in the judgements of all men that are guided by the Rules of Religion Lawes or Reason so when all or any of us know what are those new Crimes they say they can charge some of us with and what those charges are they say they are preparing for others and when we know who those some and others are we doubt not but they will make their innocency and integrity appeare against those Crimes and Charges which they have either in pretence or in preparation against them Lastly the Army who hath done this against us and have strengthened their hands to pursue it say they appeal● to God And wee also appeale unto God who is our strength and besides him wee have none other to cleare our innocency and protect us from violence If in what we have endeavoured wee may bee instrumentall to the settling of this Kingdom in a safe and well grounded peace wherein truth and righteousnesse may flourish If we may contribute to the saving of Ireland the Union betwixt the kingdomes of England and Scotland the peservation of the Parliament the Government and Lawes of the Land the true Protestant Religion and the Liberties of the people wee have our hearts