absolutely confiscate and sould to the publique use and their persons stand exild as Traytors and to die without mercy if ever found after in the Kingdome or its Dominions Fifthly that the satisfaction of arrears to the Souldiery with other publique Debts and competent reparations of publique dammages may be put into some orderly way And therefore that the Fines and Compositions of Delinquents be disposed to those uses onely as also the Confiscations of such who shall be excluded from pardon or not come in by the day assigned Now after publique justice thus far provided for we proceed in order to the generall satisfaction and setling of the Kingdom First that you would set some reasonable and certain period to your own power Secondly that with a period to this Parliament there may be a settlement of the peace and future government of the Kingdom First that there may be a certain succession of future Parliaments annuall or bienniall with secure provision 1. For the certainty of their sitting meeting and ending 2. For equall elections 3. For the peoples meeting to elect provided that none engaged in warre against the Kingdom may elect or be elected nor any other who oppose this settlement 4. For clearing the future power of Parliaments as supream onely they may not give away any foundation of common Right 5. For liberty of entring dissents in the said Representatives that the people may know who are not fit for future trust but without any further penalty for their free judgements Secondly that no King be hereafter admitted * but upon election of and as upon trust from the people by such their Representatives not without first disclaiming all pretence to a negative voyce against the determinations of the Commons in Parliament and this to be done in some forme more cleare then heretofore in the Coronation Oath These matters of generall settlement we propound to be provided by the Authority of the Commons in this Parliament and to be further established by a generall Contract or agreement of the people with their subscriptions thereunto And that no King be admitted to the Crown nor other person to any Office of publique trust without expresse accord and subscription to the same For our parts let but that way of justice be effectually prosecuted and the settlement of the publique interest be assured to us and the Kingdom we shall desire discharge from our present service and shall be ready to disband all or part as shal be thought fit the Arrears of the Souldiery being satisfied We therefore desire that you would leave all private matters and things of ordinary Justice and Right to the Laws and proper Officers and commit all ordinary matters of State to the mannage of a fit Councell of State and apply your counsels to such things as are the proper work of Parliament to wit the Reformation of evils in present Laws and administrations And in order to such things that you would in time and place consider the Petitions of welwishers to publique good We againe desire that even from henceforth the aforesaid liberty of entring dissents may be admitted amongst you as in the Scotch Parliament or at least that such liberty be taken by all honest and faithfull Members By the appointment of his Excellency the Lord Generall and his generall Councell of Officers Signed J. RUSHWORTH Sce. Decemb. 27. 1648. FINIS a As in publik fires all must lift up their voice and hands bringing what ladders buckets or other assistanc they can non expectandus praefectus vigilum si obdormiat non praefectus urbis si cunctetur Certatim quisque aquam hauriat tectum sâ—andat flammam arceat oportet b As a part of the people in Armes or an Army interposed against the standding authority for the life of good Ionathan 1. Sam. 14.45 c Commanders of the forces of the Kingdome have been taken into the Councell and execution of important matters as in the deposing of a Tyrant and enthroning a young King upon tearms or agreement 2. Chro. 23.1.14 20. 2. Kings 11.1.7 so in the slaying of Ioram and making Iehu King 2. King 1.9 â—ea David consulted with such in matters of Religion 1. Chron. 13.1.15.25.25.1 Trajan the Emperour making Captain of the Praetorian band by the ceremony of giving him a Sword said use this for me if I Raign well and against me if ill d as Ioseph was accused to his master Gen. 39.8 3.17 e Which is the ground of their enacting any Law 1639. 1640. 1641. 1648. f Rom. 13.3.4 Paul speakes of authority or Magistracy in its constitution not of a person abusively exercising it to be Gods instrument of good to every one and an encourager of good in every man and an enemy to evill Therefore the Kings of the Israelites must know the Law for a Rule Deut. 17. And Ioash being 7. yeares old had a Crown put upon his head and the testimony in his hand 2. Kings 11 12. that being elder he might remember the rule which David avoucheth to be from Heaven as a rule for all Rulers 2 Sam. 23.3 he that ruleth among men must be just ruling in the fear of God g 2. Chron. 21 10 Libâ—ah which a Citty belonging to the Preists Iosh 21.13 revolted ne subjecti esset ei Iunt from all subjection because he had forsaken the Lord God of his Fathers h which is the safety of the People i Numb. 35.4 hang them up that the fierce anger of the Lord may be turned away from Israel Deu 19.13 thine eyes shall not pitty him but thou shalt put away the guilt of innocent blood from Israel that it may go well with thee 2. Sam. 21.3.5.6.14 wherewith shall I make the atonement that ye may blesse the inheritance of the Lord and they answered the man that consumed us and that devised against us that wee should be destroyed let 7 men of his sonnes be delivered to us and wee will hang them the King said I will give them and after that god was intreated for the Land k Not so much as Acban who yet suffered Ios 7.20 25 l Iob. 34 30. that the Hypocrite raigne not least the people be ensnared m Proverbs 28.13 Divine mercy to confessing and forsaking but Ex. 9.17 34. Pharaoh hardened to destruction though he Confesseth yet when the dreadful thunders are gone his sin returnes n What other right soever any Prince hath there must be such bonds Covenant or Agreement between him and his people Besides Samuells anointings from God David had that o Iudah 2. Iam. 2.4 and made a League with all Israel before the Lord 2. Sam. 5.3 and afterward they annointed him King over Israel And at the Coronation of Ioash 2. K. 11 17. There is a Covenant also between the King and people Therefore 1. Pet. 2.13 the particular forme Subject of Government is called an humane creature o Dan 8.25 through his policie shall he cause craft to prosper in his hand and he shal magnifie
complyance with him we find matter of acknowledgement before the Lord concerning our error therein and we blesse him that preserved us from worse And if from the divisions we have such complyances have beene with and such advantages given to the Kings party while acknowledged enemies what worse may we not expect when by a Peace made they shall have the reputation of friends To conclude this wee confesse our feares from the act of this Parliaments unlimited continuance If he forme q a ballancing party in the house of Commons for his interest that which should be our conservative would be our baine and yet we should be debarred from change of medicine or if a period be set to this Parliament and no provision for certaine succession and sitting of Parliaments without dependance on the Kings wil or if no provision for a more due constitution by more equall Elections then the successe will be lesse hopefull and safe then the present and you have not in this Treaty made any provision for any of these things But to proceed to shew the certain insecurity to publike interest in an accommodation with a restitution of the King For you the supreame Judicatory of the Kingdome when he is in your power to doe justice upon to decline that way and instead thereof to seek to him your Prisoner in way of Treaty what speakes it lesse then that he is indeed above all humane r justice not accountable to or s punishable do any power on earth what ever he does that kings cannot erre or doe wrong whereas one example in this kind made would be of more terror and availe then the execution of his whole party yea then all satisfaction you can imagine If our King claime by t conquest God hath given you the same against him to fix your justice first upon the head and thereby let his successors see what themselves may expect if that they attempt the like This may hopefully discourage them from heading any more what Instruments they might find in the like quarrell but to punish only Instruments and let the head go free leads u to endlesse trouble besides it seemes a most unequall w and partiall way of justice and the same principles that exempt Kings from justice would x absolve their inferiour Ministers for what they doe in pursuance of such commands If any object the Covenant as obliging us to perpetuall addresses to the King as being the onely way consistent with the preservation of his person and authority We answer the Covenant engageth to matters of publike interests primarily and absolutely without limitation and after that to the preservation of the Kings person and authority with the restriction to wit in the preservation of the true Religion and liberties of the Kingdomes so that it obligeth thereto no further nor in any other way then shall be consistent with this restriction yea this obligation to preserve his person and authority should be fulfilled in the preservation and defence of Religion and Liberty otherwise the whole proceedings of both Kingdoms in s making warre against him for preservation of Religion or liberties were questionable for breach of Covenant since that way of preserving them did tend probably to the destruction and was not with any safe provision for his person or that authority which is in conjunction with it also where severall persons joyning in Covenant for the good and union of themselves who are present and parties to it doe withall make a clause to the benefit of another person to the end he might joyne with them in the agreement and pertake the benefit thereof if the absent party doe not accept but refuse the agreement as he keepes himselfe free from it so he excludes himself from claime to any benefit there from Upon all the reasons and considerations aforegoing we propound First that it may be expressely declared and provided by you that notwithstanding any thing concluded in the Treaty the person of the y King may and shall be proceeded against in way of justice for the bloud spilt and other evils and mischiefes done by him or by his Commission or procurement and in order thereto shall be kept in safe custody as formerly Secondly that for other Delinquents you would lay aside that particular barganing proposition and declare that all Delinquents shall submit to the judiciall power of the Parliament to be thereby proceeded against according to justice or mercy as cause shall appeare and that none shall be exempt therefrom nor pardonable by any other power then that of the Kingdom in Parliament The power of Justice and mercy being thus saved we proceed in order to the actuall dispensing thereof in relation to the late wars and to peace with God and quiet amongst men to propound as followeth First that the z Capitall and grand Authour of our troubles the person of the King by whose procurement and for whose interest onely of will and power all our wars have been may be brought to Justice for the Treason Bloud and mischiefe he is therein a guilty of Secondly that a timely day may be set for the Prince of Wales and the Duke of Yorke to come in by which time if they doe not that then they may be immediately declared incapable of any government or trust in this Kingdom or its Dominions thence to stand exild for ever as Enemies and Traytors to die without mercy if ever after found and taken therein Or if by the time limited they doe render themselves that then the Prince be proceeded with as on his appearance he shall give satisfaction or not And the Duke as he shall give satisfaction may be considered as to future trust or not But however that the Revenue of the Crown saving necessary allowances for the Children and for Servants and Creditors to the Crown be sequestred And the costly pompe suspended for a good number of yeeres and that this Revenue be for that time disposed toward publique Charges Debts and dammages for the easing of the people so as the estates neither of friends to publique interest nor alone of inferiour enemies thereto may bear wholly the burden of that losse and charge which by and for that Family the Kingdome hath been put unto Thirdly that capitall punishment be speedily executed upon a competent number of his chiefe instruments also both in former and latter wars and that some of both sorts be pitcht upon as are really in your hands or reach Fourthly that the rest of the Delinquents English may upon rendring themselves to justice have mercy for their lives and that onely Fines be set upon them and their persons declared incapable of any publique trust or having any voyce in elections thereto at least for a good number of yeers And that a short day be set by which all such Delinquents may come in and for those who come not in by that day that their estates be
himselfe in his heart and by peace shall destroy many Dan. 11.23.24 and after the leagâ—â— made wiâ—h him he shall work deceitfully hee shall enter peaceably even upon the latâ— places of the Province and shall do that which his Fathers have not done nor his Fathers Fathers p As the Sheep dismissing their 〈…〉 with the wolves And have the English people suffered so many things in vaine q As he often hath in particular Votes r And Lawes which is to be more then man as Persian and Roman Emperors have been flattered to be for just Lawes being from God Themis the daughter of Iove who is not ever under them ownes not his subjection to God whereas God hath not put that distance betwixt a King and other men they are his brethren though his subjects Deut. 17. ult. So David calls his subjects 1 Chro. 28.2 s if any King because a King be unpunishable by men then all Kings are so and no man may justly punish any King but when a people to be punished should spare their King as Saul the people then admiring haply the persons as well as government of Kings spared Agag 1 Sam. 15.9 but we find Gods Instruments fixing more solemne punishment on wicked Kings then on their wicked people Iosuah slayes all their Kings Ios. 11.17 being thirty one 12. Cap. last and hangs up some Iosh. 10.24.28.30.40 Gideon more solemnely executes the Kings of Midian then other enemies Iudges 8.1.21 Ebud slayes King Eglon Judg. 3.21 So Iehoiadah and the Commanders put Athalia to death 2 Chro. 23.14 and if it be said that these two last Princes came to the Crown by force blood and so were without a title it may be replyed that such was the ontrance of the first of the English French c. Royall race from whom the present Kings claime liue further these two had Raigned and the people been subject to them which makes the most usuall title the one for 18. yeares Iudg. 3.14 the other six yeares 2 Chro. 22.12 Iehu did slay both the Kings of Israel and Iedah 2 Kings 9. and Asaph Psalme 83.11 prayes that Nobles and Princes of Enemies may be used after former examples And as this ranke of men is opposing Christ in the last times so are they by him and his people to be punished Psal. 2. Psalm 110.5 the Lord 〈◊〉 right hand shall strike through Kings in the day of thy wrath Psa. 149.8.9 to bind their Kings with Chaines and their Nobles with Fetters of Iron to execute upon them the judgement written Rev. 19.17.18 the fowles invited to eat the flesh of Kings and Capt. are slaughtered by the Lambs As for David sparing Saul it was necessary for David a private person and under private and personall hate and injury and therefore could not within his bounds and without scandalous appearance of revenge or ambition have done otherwise and it was only declared against the succeeding of his Race not the continuance of his person but the State and people not taking course against Saul did smart in his other way of punishment as for David it appears that he forbore him not meerly out of reverence to his authority for he took up Arms to defend himselfe against him and would if that part of the people would have joyned have maintained Kailah against him 1 Sam. 23. now all this was contrary to subjection and intimates that David if he had beene put to it and he could no otherwise have escaped would have used force against Saul and as for David being spared who can thence conclude that he should be so and if he should be spared then who can conclude the like for every offending King since there was something speciall in his case not applyable to every case besides other there was his publik repentance undoubtedly acknowledged by God to be true also Gods declaring how he should be punished himselfe taking the matter in hand yet so that the people shared in his sufferings further his miscarriage was but an act and against a person not a cause or against a Nation t And in no other way will the people yeeld themselves to the discretion of a Prince to be distroyed or not u 2 Chr. 23. ulâ— And the City was quiet afteâ— they had slaine Athaliah with the Sword w Num. 25.4 5 9. The chiefe men guilty were first hang'd being 1000 and then inferiour men slaine being 23000 as 1 Cor. 10.8 both making 24000. x As for infalliblenesse and superiority to the Law would excuse Abraham in slaying his sonne Gen. 22. and did the Israelites in robbing Exod 12.35 y Even a servant by the Civill Law may accuse his Master as guilâ—y of Treason â—o liberti certis le causis pâ—ssant capitalem accusationem adversus patronos inâ—â—ituere z God hates all workers of iniquity Psalm 5.5 and excepteth not the person of Princes nor regards the rich more then the poore Iob 34.19 and therefore he saith Levit. 19.15 Ye shall doe no unrighteousnesse in judgement thou shalt not respect the person of the poore nor honour the person of the mighty Reformation were better begin at the Majorites then the Minorites Num. 25.17 and the 31 c. Midianites and Psalm 140.9 David prayes against the head of those that compasse him about and he gives a generall Law for punishment of murderers Gen. 9.6 and Num. 35.33 So you shall not pollute the Land wherein ye are for blood it defiles the Land and a Land cannot be cleansed of blood that is shed therein but by the blood of him that shed it 2 Chron. 25.27 Now after the time that Amaziah did turn from following the Lord they made a conspiracy against him Vajiksher gnalaiv kesher ligaverunt contra enim ligationem or ligam some copies of 70 read Syndesmos a Combination League or confederacy against him the words signifies any conjunction as Iob 38.31 of the Pleiades and Nehem. 4.6 of the wall and it is of a warrantable combyning of Iehu 2 Kings 9.14 and this against Amaziah was in Ierusalem the seat of the chiefe State or great Councell of the Kingdome and it was done as it seems by publique Authority for he fled to Lachish and there as Iunius 2 Kings 14.21 lived a private life for eleven yeeres in the mean while when they so conspired or combined against him the whole people of Iudah made Azariah King instead of his father yet though they deferred the execution they did not omit it but after the said yeers sent after Amaziah to Lachish Vbi morte offecerunt eum vamitha hac Ethana to Sea they put him to death So that this was done in an open publique not in a sudden and clandestine or tumultuous way which it selfe was not afterward punishable as in this case of Amaziahs father 2 Kings 12.10 14 chap. 5. and of wicked Ammon the people slew them servants of his that slew him in his own house 2 Kings 21.23 24. a It cannot be unjust to desire justice and that on and as a guilty man and no further * 2 Chro. 23.3 All the Congregation made a Covenant with the King 2 Sam. 16.18 whom the Lord and his people and all the men of Israel chuse his will I be