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the least exception) to go to Westminster, to present such Propositions as might best conduce to the peace of the kingdom; conceiving that, by such means, our meaning and inten tions might best appear, and all formalities and unnecessary insisting and mistakes upon words might be removed. This Safe-Conduct (which had never been denied by his majesty, or his generals, to any person who hath desired to have admittance to him) was likewise absolutely refused by the earl of Essex; yet with some expressions, That if any Proposition

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and to this day detained; and an Order that, on pain of deach, none should presume to come thitter from his majesty, upon what business soever, without leave from the earl of Essex: in pursuance of which Order, though the same passed only the commons, a sworn messenger of his majesty's hath been barbarously put to death, for carrying a legal writ to London;t we thought any address for Peace would most successfully pass through bis hands; and that when he had considered how unhappily he had been made an instrument of so much blood and devastation, he would, with great chear-should be sent to those by whom he was infulness have interposed in a business of reconciliation, and at least have met us half way in so blessed a work; and therefore, with his najesty's leave, (which he most readily and graciously gave us, and for which we doubt not he shall receive the thanks and prayers of all his good subjects) we directed a Letter to that purpose to him, signed under our hands. Whosoever reads that Letter, (and we hope it will be read by all men) will bear us witness, (and it will be a witness against those who have rejected it) that we have done our parts. Instead of vouchsafing us any Answer, or proposing to us any other way towards Peace, (if that which we proposed was not thought convenient) he writes a short Letter to the earl of Forth, general of his majesty's army, acknowledging the receipt of ours, but saying, That "it neither having address to the two houses of parliament, nor therein there being any acknowledgment of them, he could not communicate it to them;' whereas the Address was in the way prescribed under pain of death, no address being allowed, as aforesaid, but by the earl of Essex; and he being desired to represent to, and promote with those by whom he is trusted, our most sincere and earnest desire of a Treaty; so that if there had been the least inclination to, or enduring of, an overture of Peace, he might have as easily communicated it to all those by whom he is intrusted, as to a committee, by whose advice, it is well known, his Answer was sent; and with it, and as a part of it, a Paper entitled, "The Deciaration of the kingdom of Scotland,' and A Declaration of the kingdom of England and Scotland,' and another, "A Solemn League and Covenant; the Declarations and Covenant being against the king of both kingdoms, with out the consent of and against the major part of the nobility, and, we are confident, the gentry and commonalty of this. And if his lord-hip would make good his own Letter, and spend his blood, or but use his endeavours, for the maintenance of the parliament of England, being indeed the foundation whereupon all our Jaws and libcrties are supported, we should not treat at this distance, at least a Treaty would not be rejected.-We suffered not ourselves to be discouraged with this refusal, but a Safe-Conduct was desired for two gentlemen (against whom there neither was, nor could be,

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trusted, he would use his utmost endeavour!
to advance the Peace;' which, though it
seemed nothing agrecable to his former An-
swers, obtained yet so much credit with us,
that we besought his majesty once more, in his
own royal name, to press and desire a Treaty;
and to direct his Message under such a title,
that they who call themselves the two houses
of parliament could not take any exception,
but should be compelled to return some Answer
or other. And an Answer it hath drawn from
them, but such a one as will sufficiently inform
the world (if there could yet have remained
any doubt of it) how much they are enemies to
Peace. Those Answers and Declaration,
and that Covenant, are likewise public
men; God and the world must judge betweca
us. In the mean time we must, without bi-
terness or sharpness of language, to which
neither example or provocation shall transpor
us) tell these men, That most of us are too
well known, even to themselves, to be suspected
to incline to be either papists or slaves; or
that we can possibly be made instruments to
advance either popery or tyranny. And since
the defence of the religion, laws, and liberties
of the kingdom, seems to be (and in truth 3
on our part) the argument of this bloody con-
tention; and that we are endeavouring all ways
to destroy one another, in the behalf of that
we all do, or all pretend to desire: we think
ourselves obliged to truth, to the present age,
and to posterity, to let the world know, That
as we are much more tender of the religion,
laws, and liberties of the kingdom, than of our
lives and fortunes; so the uneasy conditioa
wherein we are, and the heavy judgments and
proscriptions imposed on us by our equals,
have proceeded, and been caused, from th
conscience, loyalty, and duty, in which we have
been born and bred; and from which we could
not swerve, without the manifest breach of
allegiance and those civil oaths we are obliged
by; as, we hope, will appear to all men by tas
our ensuing Declaration.—We shall pass ove
(only acknowledging his majesty's abundant
care and favour to his people) those excellent
laws made this parliament, for the vindication
and removal of those mischiefs and inconve
niences, which seemed to threaten our rights
and liberty; to all which there are very few
amongst us who concurred not fully, however
we are now traduced with the negligence of
both; and that post gracious offer of his ma

as if they had been subscribed in, remote counties: the usurping of jurisdictions to supersede acts of parliament, and to dispense with the breach of laws in force: the suffering undutiful and disloyal language against the sacred person of the king, without so much as reprehension, and the denying his majesty's negative voice, we insist not so much on (though very prejudicial and scandalous to the privileges and honour of parliament) as on those acts of force and violence, which are contrary and destructive to the freedom and liberty of parliament.-Shortly after his ma

jesty, to consent to an act for the ease of tender consciences in matters indifferent; which, if it had been accepted, would have prevented many of the miseries which have since befallen this poor kingdom. And because the name and privilege of parliament is pretended in defence of those actions, which are done contrary to the known laws, by which only right and wrong can be measured and determined; and, by that venerable name, many of our companions and friends have been led into unwarrantable actions: before we come to consider the state and condition of the religion, laws, and liberty of the kingdom by these dis-jesty returned from Scotland, there being a tractions, we shall let the world know how much the inherent and essential privileges of parliament have been violated; how we, being called by his majesty, and trusted by our country with their suffrages in that council, have been driven, and are now kept, from the place whither we were first called by his majesty, and where some members still sit; and, lastly, how far this miserable, and, to say no more, this unjustifiable civil war, and this desperate and odious invitation of a foreign power to invade this kingdom, is from having the countenance, authority, and approbation of the two houses of parliament.-The great industry and ill arts used by those who have since been principal instruments of the present rebellion, to bring in persons of their faction into the house of commons; the admitting and receiving such who were neither lawfully chosen, or lawfully returned by their country, and the putting and keeping out others whose opinious were not liked: the reprehending, reproaching, and imprisoning of members for speaking freely according to their consciences in matters in debate: the posting and setting up men's names in public places, and proscribing them as enemies to their country, who dissented, in the houses, in opinion in matters debated, and, being complained of, no reparation granted: the sitting at unparliamentary hours, thereby wearying and tiring many members from attendance; and so, in a thin house, altering and reversing the Resolutions taken in a full house: The refusing to receive and the suppressing Petitions against persons in favour, though in point of bribery and corruption in judicatory and the like of other Petitions from whole counties, for the preservation of the government of the church, as from Nottinghamshire and Somersetshire, whilst others against it were received with great countenance and approbation, from mean, unknown people: the getting with great labour, and faction, several hands to Petitions from counties, and then framing new Petitions at London, and annexing the hands formerly gotten in the country to those Petitions of which they who subscribed their hands knew nothing, as in the Petition of Buckinghamshire: the setting names in London to Petitions in the name of,

very long debate in the house of commons concerning an unparliamentary Remonstrance to be published to the people of the state of the kingdom, which many of us then thought might prove prejudicial to the peace thereof, capt. Venn, then a member of the house of commons, who had before bragged of having brought down the people upon the two houses, and so drawn resolutions from them, sent notes in writing, under his hand, into the city, that the people should come down to Westminster, for that the better part of the house was like to be overpowered by the worser part; whereupon, both at that time and some days after, multitudes of the meanest sort of people, with weapons not agreeing with their condition or custom, in a manner very contrary and destructive to the privilege of parliament, filled up the way between both houses, offering injuries both by words and actions to, and laying violent hands upon, several members; proclaiming the names of several of the peers, as evil and rotten-hearted lords', crying out many hours together against the established laws, in a most tumultuous and menacing way.-This action of capt. Venn's was complained of to the house of commous. and witnesses offered to prove it; a fellow who had assaulted and reproached a member of the house of commons in those tumults was complained of, and shewed to the house, in the number of those who brought a Petition to the bar; and yet, in neither of these cases, justice, or so much as an examination, could be obtained.--Upon a suggestion and pretence of danger, and suit made to his majesty, a guard was allowed and appointed by him for the security of both houses: shortly after, this guard was refused and discharged by themselves, and a new guard appointed by them without his majesty's consent, thereby to awe all those who concurred not with them. A legal writ issuing out by the direction of the house of peers, under the Great Seal of England, to prevent those tumults, which daily infested both houses; the justices of the Peace, for executing that writ according to their oaths, were imprisoned by the house of commons. A commission under the great Seal of England, for enquiry after riots committed in Southwark, was likewise superseded by an Order of the As in the case of the late earl of Man-house of commons; and when the lords desirchester, lord privy seal. ed, by several Messages, that the house of

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taking notice of a malignant faction that made abortive all their good motions, which 'tended to the peace and tranquillity of this kingdom; desiring that those noble worthies of the house of peers, who concurred with "them in their happy votes, might be earnestly 'desired to join with that honourable house, and to sit and vote together, as one entire bo

remedy were taken for the removing all such obstructions, as hindered the happy progress of their great endeavours, their petitioners should not rest in quietness; but should be 'forced to lay hold on the next remedy which was at hand, to remove the disturbers of the peace, and (want and necessity breaking the bounds of modesty) not to leave any means u 'essayed for their relief:' lastly, adding, ‘That 'the cry of the poor and needy was, That such persons, who were the obstacles of their peace, and the hinderers of the happy proceedings of this parliament, might be forthwith publicly 'declared, whose removal they conceived would 'put a period to those distractions.' And this Petition was brought up to the house of lords by the commons, at a conference; and after the same day, Mr. Hollis, a member of the commons, in a Message from that house, press

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commons would join with them in a Declara- | London, was directed to the house of commons, tion against tumults, they refused or neglected to join with them; it being said by Mr. Pym, in the House of commons, "God forbid we 'should dishearten our friends who come to as'sist us.' And albeit some of the lords professed, That if the people were again drawn down into that tumultuous manner, they would no more come to the house; and albeit an Order was made, That, in such a case, the housedy;' and professing, that unless some speedy should be presently adjourned; yet those tumults again appearing, that Order, though urged by several lords, was not suffered to be executed. The house of commous having desired the house of peers to join with them, in desiring his majesty that the Militia of this kingdom might be put into such hands as both houses did confide in; and this desire having been put to the question, and carried negatively by much the major part of the lords: it being again resumed at another time, contrary to the course of parliament, the debate was begun with a Declaration made by several of those lords, against whom that question was twice carried by Votes, aud that by much the major part, that whosoever refused in this particular to join with the house of commons, were in their opinions, enemies to the state;' words destractive to the liberty and freedom of debate. During the time that this business of the Mili-ed the lords at their bar to join with the com tia was in debate, (that is, before it had the approbation and consent of the house of peers) a Petition, in a tumultuous manner, was delivered to the house of lords, in the name of the Knights, gentlemen, frecholders, and others the inhabitants of the county of Hertford,' reckoning up the causes of the present fears, troubles, and distractions; and, among them, the want of compliance in that honourable house with the house of commons, in entertain. ing those many good motions, and passing those necessary bills presented to them from that house, for the public good; and desiring liberty to protest against all those, as enemies to the public, who refused to join with the lords, whose endeavours were for the public good, and with the commons for the putting the kingdom into a posture of safety, under the command of such persons as the parliament should appoint. Several Petitions of the same nature, particularly one under the title of The Knights, gentlemen, freeholders, and other in'habitants of the county of Surrey,' directed to the house of peers; concluded, thus, That they should be in duty obliged to maintain their lordships, so far as they should be united with the commons in their just and pious proceedings;' sufficiently intimating, That if they joined not with the commons, they then meant as much as others had plainly professed.-About the same time, a citizen saying at the bar of the house of commons, That they heard there were lords who refused to con'sent aud concur with them, and that they would gladly know their names,' or words to that effect: a Petition, in the name of many thousand poor people, in and about the city of

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inons in their desire about the Militia; and farther, with many other expressions of like ture, desired, in words to this effect, That if 'that desire of the house of commons was not 'assented unto, those lords who were willing to concur would find some means to make themselves known, that it might be known who were against them, and they might make 'it known to those that sent them.' After which Petition so strangely framed, counte nanced, and seconded, many lords thereupon withdrawing themselves, the Vote in order to the Militia, twice before rejected, was then passed.-After these and other unparliamen tary actions, many things, rejected and settled upon solemn- debate, were again, after many threats and menaces, resumed, altered and de termined, contrary to the custom and laws of parliament: and so many of us withdrew our selves from thence, where we could not, st, speak, and vote with honour, freedom, and safety; and are now kept from thence for our duty and loyalty to our sovereign. And though some of us sat and continued there long after this, hoping that we might have been able to have prevented thegrowth and progress of farther mischief; yet since the privilege of parliament is so substantial and entire a right, that as the invasion of the liberties of either house is an injury to the other, and the whole kingdom; so the violence and assaults upon any of our fellow-members, for expressing their opinions in matters of debate, were instances to us what we were to look for when we should be known to dissent from what was expected; and, der that consideration, every one of our just liberties suffered violation. Many of us, fut

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these and other reasons, after his majesty him- | have, with no less industry and passion, beea self was by many indignities and force driven promoted. And when the members of the from Westminster, have been, contrary to the house of commous, in August last, had agreed right and freedom of parliament, voted out of upon a long and solemn debate, to join with the house, without committing any crime; and the lords in sending Propositions of Peace to some of us without a hearing, or so much as his majesty, the next day printed papers were being summoned to be heard; and so our scattered in the streets, and fixed upon the counties, for which we were and are trusted, public places, both in the city and suburbs, have been without any proxies or persons requiring all persons well-affected to rise as trasted on their behalf; an army hath been one man, and to come to the house of comraised without and against his majesty's con- mons next morning, for that 20,000 Irish resent; and a Protestation enjoined to live and 'bels were landed;' which direction and ins die with the earl of Essex, their general of that formation was likewise, that day, given in pularmy; and a member, now amongst us (Mr. pits by their seditious preachers; and in some Gamull) refusing to take that Protestation, of those papers was subscribed, That the was told, That if he left not the town spee- Malignant Party had over-voted the Good, dily, he should be committed to the Tower, and if not prevented there would be peace * or knocked on the head by the soldiers.' All the Propositions for Peace being, the day before, persons, even the members of both houses, carried by 29 voices: a Cominon Council was have been, and now are, forced or enjoined to called late at night, though Sunday, and a Pecontribute for the maintenance and support of tition there frauied against Peace; which was, that army. A traiterous Covenant is since the next inorning, brought to the house, countaken by the members who remain, and im- tenanced by alderman Pennington, a known posed upon the kingdom, That they will, to promoter and governor of those tumults, and their power, assist the forces raised and con- attended with a great multitude of mean pertinued by both houses of parliament, against sons, who used threats, menaces, and rethe forces raised by the king; with many proaches to the members of both houses; their other clauses, directly contrary to their alle- Petition took notice of Propositions passed giance; and another for the alteration of the by the Lords for Peace, which, if allowed, government of the church established by law; would be destructive to religion, laws, and and such members as have refused, according liberties;' and therefore desired an Ordinance, to their duty and conscience, to take those according to the tenor of an act of their comCovenants, have been imprisoned or expelled; mon council the night before: thanks was giv so as they have suffered none to reside with en them by the commons, whilst the lords them, but those who are engaged with them in complained of the tumults, and desired a contheir desperate courses.-The whole power currence to suppress them, and to prevent the and authority of both houses is delegated, like; many of the people telling the members against the law and nature of parliament, to a of both houses, That if they had not a good anclose committce; which assumes and usurps 'swer, they would be there the next day with the power of king, lords, and commons, and 'double the number.' (see p. 160). By these disposes of the persons, liberties and estates of threats and violence, the Propositions formerly us and our fellow-subjects without so much as received were rejected, and all thoughts of communicating their Resolutions to those that Peace laid aside.*-Shortly after, great numsit in the houses. And when an Order hath been reported, to be confirmed by them, it hath been only put to the question, no debates being suffered; it having been said in the house where the commons sit, to those who have excepted against such an Order, when presented, That they were only to vote, not to dispute;' and thereupon all argument and contradiction hath been taken away.-And to shew how impossible it is to contain themselves within any bounds of civility and humanity, when they have forfeited their allegiance, after the attempt, in a most barbarous manner, to marder the queen's majesty at her landing at Bridlington, (p. 89), by making many great shot at the house where she lodged for her repose after a long voyage by sea, (where, by God's blessing it was disappointed) they impeached her of high treason, for assisting the king her husband, and the kingdom in their greatest necessities.-All Petitions and Addresses for Peace have been, with great art and vehemence, discountenanced and suppressed; whilst others, for sedition and discord,

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* Mr. Denzil Hollis, who appears by the Journals to have been one of the tellers upon this occasion, gives us the following account of this last attempt for Peace: "The house of lords, in the summer after the beginning of our troubles in 1643, having resolved to deliver themselves and the kingdom from this Ægyptian slavery, had prepared a message to the king, with overtures for an Accommodation; and sent it down to the commons on a Saturday, where the major part seemed to be of the same mind; and, after a long dispute and much opposition, prevailed to take it into consideration, made an entrance into it, agreed to some particulars, and, it growing late, adjourned the further debate till Monday morning; against which time these firebrands had set the city in a flame, as if there were a resolution to betray all to the king; and thereupon brought down a rabble of their party, some thousands, to the house of commons door, who gave out threatening speeches, and named among themselves (but so as they might be

who, as long as this parliament shall continuë, notwithstanding all the Votes of those who are guilty of treason and rebellion, must account ourselves, and shall be accounted by our coun try, the true and lawful members of parlia ment.-Having said thus much to undeceive our brethren, and that our fellow-subjects may be no longer seduced to unlawful actions, by colour and pretence of parliament, we shal briefly present to their view and consideration the Danger and Condition of his Majesty's Person, his Honour and Rights, with the Religion and Liberty of the kingdom; the defence and maintenance of which those persons, with undertake.-For their care of the Honour and Safety of his Majesty's Person, to the which we are so absolutely obliged, and so solemnly sworn, we shall need only to mention, which we mention with great sadness of heart and horror, the taking by force his majesty's forts, towns, and navy; the assuming a power over the Militia of the kingdom; the denying his majesty's negative voice; the uncomely, insolent, and disloyal mentioning of his majesty's person; the neglect, contempt, and violation of leagues made by his majesty with foreign princes, in the injuries and affronts done to their public ministers, and otherwise; the transcendent presumption of sending agents to foreign princes, and in the name of the states of England; the traiterous distinction between the Person of the king and his office, and de claring, That an attempt upon his life is not

bers of Women resort to the house where the commons sat, with a Petition for Peace, (see p. 160); troops of horse were hereupon sent for, who wound and kill several of the women, and disperse the rest; then special notice was taken of those members who seemed most importunate and desirous of Peace, and thereupon the late Covenant eagerly and severely pressed upon them: by reason whereof, and the other miscarriages whereby their freedom was absolutely taken from them, divers of both bouses withdrew themselves. And we must now appeal to all our fellow-subjects of this kingdom, who have taken the oaths of allegiance and supremacy; who have any know-whom we cannot agree, seem and pretend to ledge of the rights, customs, and privileges of parliament, or of the frame and constitution of this realm, whether we or they have failed in our duty to our king or country; and whether we have not, in discharge of a good conscience, undergone the evils we have borne : And then, we doubt not, we shall not be thought less members of parliament, though we are not at Westminster, than if that city were in the possession of a foreign enemy; yet we confess the place to be so material, that if there were that liberty and freedom which is due to the members, and indeed is the life of parliaments, the act of those in the house, being a lawful act, is the act of the house, though there were a greater number absent, who were all of another opinion: but in our case, when we are by force driven away, and by force kept away; and when nothing can be said to justify the actions which are done, but the re-high treason; which doctrine is so much coun putation and number of the actors, we rely so much upon the understanding and honesty of our countrymen that they will believe, when they see our concurrence and unanimity in resolutions and counsels for their peace, welfare, and security, (as we are confident the number of those who concur in this Declaration is greater than hath concurred in most, if not in any, of those things of which we complain) that it will be better for them to be advised by us at Oxford, than by those at Westminster; from whence we are absent only by reason of those outrages and violences offered to our persons or our consciences, which take away all freedom, and consequently all authority, from those councils; and where indeed these men ought not to undertake to act any thing, till that freedom and liberty be restored to us;

heard) some members of the house, whom they said they looked upon as enemies, and would pull out of the house; which did so terrify many honest timorous men, and gave that boldness to the others, as, contrary to all order, they resumed the question that was settled on Saturday for going on with the business; and at last carried it, by some voices, to have it laid aside; which was the highest strain of insolency, the greatest violation of the authority and freedom (the two essential ingredients) of a parliament that, before that time, was ever known." Memoirs, p. 9.

tenanced, that persons, who have threatened to kill the king, having been complained of, have been left unpunished, and the witnesses and prosecutors threatened or discountenanc ed; the raising an army against him, and therewith giving battle to his person; all which are known to be very unagreeable to the affec tion, duty, and loyalty of subjects and English men.-Concerning Religion; we cannot but, with bleeding hearts, and trembling souls, cosider the unheard-of impieties and profanations exercised in churches and consecrated places; the countenance and licence given to sca dalous, debauched, ignorant lay-persons to preach and exercise the office of the ministry the suppressing and cruel using and impr soning, in goals, and on ship-board, godly, learned, orthodox divines, famous and exer plary in their lives and doctrine, the most eminent assertors of the Protestant religion against popery and innovations; the scur rilous and scandalous reviling, scoffing, and suppressing the Book of Common Prayer, compiled by glorious martyrs for the pro testant religion, established by law and so long and so publickly used and acknowledged as an excellent and an unparalleled form of devotion and divine service; the suspending the execution of the act of parliament made in the first year of queen Elizabeth, of famous memory, for uniformity of Common-Prayer, by an Order under the hand of a private mem

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