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A87928 A letter from a grave gentleman once a member of this House of Commons, to his friend, remaining a member of the same House in London. Concerning his reasons why he left the House, and concerning the late treaty. Grave gentleman once a member of this House of Commons. 1643 (1643) Wing L1403; Thomason E102_13; ESTC R21285 19,142 24

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King hath now often profest Himselfe ready to joyne in which Profession would sure have been more readily entertained if they had not fear'd that this would have been so full a satisfaction to so many that their side would have been much weakned by it could we then ever thinke to have liv'd to see the Common-Prayer Book totally neglected and publiquely affronted and those neglects and affronts not onely conniv'd at but as publiquely countenanced and encouraged by that honourable Assembly and to see a Bill pass't both Houses for the totall extirpation of Bishops Root and Branch and this Bill offered to His Majesty among Propositions for Peace 6. In those Parliaments though some of us often express't our dislike of some illegall Clauses in the Commissions given to and executed by Lords and Deputy Lievtenants yet did we ever heare or looke to heare of the least pretence that the Militia of this Kingdom was either not under the Kings Command or under any Command but His And did both Houses so much as suspect themselves upon any pretence or in any time to have any Right to order and dispose of it 7. In those Parliaments though we have often humbly represented to His Majesty some things wherein we suppos'd there was some failour in His Ministers in those particulars which we then all confest the Law had solely trusted to Him as of Ships not set out or Forts ill guarded or the like yet did we ever thinke it possible both Houses should ever pretend to such a supervisorship over that Trust that whensoever they would say He did not discharge it as He ought they might legally lay hold on it themselves and having seiz'd His Ships Forts Magazines c. take up Armes to maintaine what they had done and to keep this their Trust Paramount in perpetuall execution 8. In those Parliaments did we ever see the same things severall times prest to the Lords House by the House of Commons after they had been upon mature advice rejected by them as if they had meant to say Deny it if you dare and at last past there with the Peoples helpe either a thinne House being watcht for or some of the Lords out of anger and some out of feare absenting themselves 9. In all those Parliaments did we ever see any Declarations of both Houses against the King or of one House against the other Printed and publisht to the people calling them to their assistance and laying before them their destruction if they assisted not 10. In all those Parliaments did we ever see when any thing had been propos'd to and rejected by the House of Lords the House of Commons notwithstanding proceed in it and expresse their mindes of it to the people as in the point of the Bill for the Protestation or when the House of Lords had publisht an Order for the establisht Law as they did now upon the ninth of September did we ever see the House of Commons oppose them and the Law together and disgrace the one and endeavour to suppresse the other as they did now by a Printed Order to the contrary of the same Date 11. Did we ever see the House of Commons in all those Parliaments so invade the Priviledge of the House of Lords as first to question particular Members for words spoken in that House as my Lord Duke and my Lord Digby and next to question the whole House by bringing up and countenancing a mutinous and seditious Petition which demanded the names of those Lords who consented not with the House of Commons in those things which that House that is the Major part of it had twice denied and joyning with them in that Demand 12. Did We ever see Petitions brought by armed Mechanicks countenanced by the House of Commons the Assaults made by them upon their owne Members though complained of not enquired into and these multitudes termed their Friends by the principall Governours the House of Lords refused to be joyn'd with in their modest desire onely of a Declaration against the like for the future the guard against the like placed by vertue of a Writ issued by command of the Lords House discharged the Iustice of Peace that placed them committed the ordinary legall Inquisition upon Riots stopt and hindred by an order of the House of Commons alone Sir some of these things having been done in former Parliaments so contrary to what is now done so many things now done which were never attempted in and if they had been thought of would have been condemned by those former Parliaments you must pardon me if I thinke that charge of Apostacy which under other mens names you your selfe lay upon me to be very injurious and I appeal to any man that shall consider and examine my Action and these particulars whether I left the Houses till they left the Law and whether to quit the place and retaine the principles or to quit the principles and be only constant to the place be the greater and the truer Apostacy The next Objection you make is this That whereas Wee here pretend to stand for Law yet it is only for such a Law of which we Our selves will only be Iudges refusing to stand to the Iudgement of the supream Iudicatory of the Kingdome both Houses of Parliament And truly Sir if this objection were made by a stranger only made acquainted with the generall Scheme of the Constitution of the Kingdom neither with the particular Lawes nor the particular Occurrences I should not wōder but from one who hath been a constant Member of the Parliament I wonder to receive it First Sir I appeal to you whether you doe not beleeve that suppose which were hardly possible to be supposed that both Houses in the fullest and freest condition of Parliament that is imaginable should declare that by the Law of the Land The Kings Crowne and the Subjects Property and Liberty were to be dispos'd of by them and should take up Armes to make this good for Law and declare that by Law all the Subjects of the Land were obliged to assist their Armes thus taken up Suppose this I say Doe you not beleeve that their being the Supream Iudicatory could not satisfie Our consciences who have taken the Oathes of Allegiance and Supremacy in a Iudgement as contrary to those Oathes and the knowne Law as it is knowne that by the Law both Houses have Power to judge in any other Cases or that there are at all two Houses of Parliament And sure this is now as to what is done though not as to their condition who doe it either the Case or very neere it Indeed Sir till the Parliament was made perpetuall such a Case was absolutely unimaginable for being a dissoluble Body kept them from invading the known Rights either of King or Subjects of neither of which they need now to have the same apprehension having strengthned themselves by a Bill against the one and by an Army against
the other But Sir I cannot allow you so much The Houses now are neither full nor free Really the Major part of the Commons and evidently the Major part of the Lords doe not cannot dare not come to you How much you were wont to mislike Tumults appeares to me by your former bitternesse against them when they came downe to presse even those things for the passing of which you had been very earnest in the House and you may remember you apprehended them so much that I had much adoe during the time they lasted to perswade you to venture your selfe any neerer to Westminster then your Chamber in Fleet-street and that you answered me when I told you that you needed not feare for those People tooke you for their Friend that a Brickbat was an ill distinguisher of friends and that you saw enough of those Gentlemen out of your Window as they past along the streets to make you not desire to keep them company without a Wall between you Sir if a few within shall have power to draw a multitude from without to awe the rest and make them either retire or judge as they please and then judge so as in the point of the Militia Hull and taking up of Armes as with safety of Conscience no man can rest in their Iudgements nor with safety of Purse and Liberty oppose them and shall keep themselves still by this meanes the Major part to judge on as they have begun and yet may still retaine the Authority of the Supream Iudicatory then really Sir it must of necessity follow That the Subjects will still be in the power of the seditious factious and it is not the men but the Walls that make the two Houses of Parliament No Sir it is you who refuse to secure the Parliament from Tumults where it is or to remove it thither where it may be secure that refuse to have it tryed what is Law by the Supream Iudicatory of the Kingdome all you say now is but the same as if the Lord Chief Iustice of the Kings Bench out of Parliament time should by force drive away his Brethren of the same Bench and then Iudge there that none of those other Iudges were more then His meer Assistants in that Court then find fault with them for not submitting to that Iudgement as made and delivered by the highest Court of Iustice But Sir foreseeing this Objection of the Tumults would come strongly upon you you prepare the Ward for that Blow and tell me that though some disorders indeed there were yet this was but the pretence of Our absence for the Tumults did precede Our absenting Our selves by many weekes in which time We came often to the House and securely oppos'd the sense thereof The disorders Sir you speake of were such and did so awe the Members that you know some discourse in order to doing of that which this put really in execution was voted Treason by Our House but the same awing of the Parliament when it is done by the well-affected and countenanced by the worthy Members and the good Lords is it seemes but disorder and no Treason These Tumults first caused Our infrequent meeting at the House who differed from their Opinions that had such Satellites abroad and this Infrequency gave leave to the rest to command such things as our Consciences would not allow us to obey If We took not up Armes in obedience to your Ordinance of the Militia If We would not live and dye with my Lord of Essex c. you would punish and imprison us If We did the known Law agreeing with His Majesties Proclamation told us We were Traytors and the Protestation We had taken to defend the Kings just Rights told us We were forsworne If We ioyned together to over-vote you in it for as long as We came and opposed you not or oppos'd you and carryed it not against you or carryed only that which was not much materiall I confesse we were safe enough the precedent Tumults had sufficiently told us That they would beat out our Braines So what was left for us to doe but to be gone And yet We could not goe till We could goe somewhether and therefore were to beare our Condition as well as We could till His Majestie were in Posture to give us that Protection which He ought us by the Law And this was the true Cause both why We went and why no sooner But your next Objection is of all other the most unreasonable That you have discovered by this Treaty That the King is averse to Peace And in the name of God whereupon is this discovery founded It is well knowne that in all severall Conditions the King hath equally prest for Peace and the Rulers of the House of Commons have equally oppos'd it And probably they would have gone further and us'd their old Arts to have stopt the consent to this Treaty by violence too if they had not lookt upon their appearing so to breake it when so many desir'd it as too great a burthen of Envy and knowne their Interest to be enough to be able to breake it before it could be concluded with lesse disgust then at that time as being easier to perswade the people that any individuall Peace was not good for them then that no Peace at all was which a Totall rejection of all Treaty did cleerly imply And did they not when the sense of their misery had given their followers Courage to over-vote them in this clogge the Treaty as much as possibly they could First with a Resolution that their Committee should Treat only with His Majesty which He might well and so they hoped He would refuse then with such Limitation of Articles to two and of dayes to foure and of Instructions to hardly any That they might have sent downe their Papers by Edgerley the Carrier to His Majesty and he might as easily have concluded a Peace with Him as with so bounded and untrusted a Committee But in the Treaty what did the King aske or deny that shewed so little desire of Peace If He had askt together with His Ships Forts and Castles the Lives of those who tooke them from Him which if He had He had askt no more then belongs to Him by Law as the proper Security that the like violence should be offered Him no more and if He had required an end of the whole Treaty before He disbanded which is yet the usuall course of Treaties you might have had some Colour for what you object But now the whole Objection is this His Majesties owne Ships Forts Magazines c. were by violence and that of Subjects taken from Him and this unreasonable unpeaceable blood-thirsty Prince desires to have them againe An excellent Argument of Aversion to Peace When the Cessation was in Debate the King demanding the Approbation of the Commanders of the Ships It was replyed That this Demand was to desire the strength of one party to the