REASONS why the House of Commons ought In Justice forthwith to suspend the MEMBERS Charged by the Army from sitting in the House And to proceed in Judgment against them Or else the City is obliged by way of requitall to help the ARMY to justice upon them London Printed in the Year 1647. REASONS why the House of Commons ought In Justice forthwith to suspend the Members charged by the Army from sitting in the House and to proceed in Judgement against them Or else the City is obliged by way of requitall to help the Army to Justice upon them WHerein to speak with all due Reverence to the Honorable House the question rightly stated will be thus Whether it be any breach of priviledg to require such a present suspention for such reasons and matters which are already fully known to the House having been acted in the House or there examined and fully proved Or whether those other high misdemeanors charged against them ought first to be proved which will require some time and I conceive that there ought to be an immediate and present Sequestration of their persons from that great Counsel and that I may make forth this truth for the satisfaction of the intelligent Reader in point of rational conviction grounded upon the Laws of this Kingdom I shal premise a few Considerations and argue the point as in quiet times upon the Law of the Land which is the only rule of justice in times of peace 1. That it hath ever been the course of all arbitrary Courts not to suffer their priviledges to be questioned nor to be known to any but to themselves that so when they are minded to oppress any Clyent if they be non-plust in point of reason they may fly to the course of the Court and say it is but the priviledg of the Court as King James in his speech in the Star-chamber saies that the priviledges of that Court were so transcendent that they were not to be disputed by common Lawyers and charged the Chancellor to check the presumptuous boldness of such Lawyers as durst argue and dispute of the limits and extents of his Prerogative and the decapitated Archbishop in the high Commission Court made an express Inhibition that no Minster should preach of Predestination and matters of such high concernment and formerly in the Court of Wards he that argued for the King to finda Tonure to fetter and clog the subjects Lands could never want a reason for if neither Common Law nor Statute law not Custom not the Kings Prcrogativo could carry it then it was the priviledg of the Coure so to do that if the Counsel should say give my Client what is his due by the Common Law then sayes the Court give us what is our due by the priviledg of the Court the Honor and Rites whereof we sit here to maintain and upon that ground the Papists made marriage a Sacrament that if Caesar should say give me my due marriage belongs to the Civil Magistrate the Answer is give God his due Sacraments belong to the Church and so it was in our Spiritual or rather Carnal Courts when the unreasonableness of Excommunication for trifles was objected oh t is ' the priviledg of the Court so to do But blessed be God the subject is well infranchised in these Particulars and yet King Charls must have his due the Army have declared their desires therein and his Majesty saies he desires no more and certainly he deserves no less I cannot but observe what plotting there is to make the Kings late party beleeve that his Majesty dislikes the Armies proceedings one B. Rheymes informing the Right Honorable the House of Peers thereof a Relation was printed by Order as was but just for every Court gives indubitate credence to informations 〈◊〉 the contrary appear or 〈…〉 〈…〉 every 〈…〉 to consider of the improbability of it that the King should desire private conference with 〈◊〉 stronger for the 〈◊〉 was never any Courtier nor so much as known to the King is very strange to me and the Relation indeed is repugnant in it self for my own part I think it is something like the Romish Translation and not a word of 〈◊〉 true for I find the Areny expressing the contrary and where his Majesties best interest and hopes lie I refer the Reader to the Kingdoms 〈◊〉 lately printed with this that King Charls shal be King of Pree men governing according to just and whole some Laws by which to command one man is more honorable in the Judgment of men that are truly so then to have absolute power of life and death over ten thousand Galley slaves 2. Concerning the Pavliament priviledges there are very few Cases printed in any Law books the Houses have always been the proper Judges of their own Proviledges the Journal books and books of Remembrances and Orders in both Houses being matters of Record and Registers of their Priviledges and Proceedings and when a special case happen for which there is no President then right Reason must be judg For the Honerable House of Commons the represenvdtive body of the Kingdom the priviledges of that House are great for Parliament are must being the greatest 〈…〉 in the Kingdom the Trustees must have inswrabld Priviledges now a Priviledg is private 〈◊〉 an Exemption from some general Law for the ease and benefit of the priviledged party and a private Law must be 〈◊〉 as well as a publick Law but the power of the House is far above the priviledg of the House they being impowered for the common good and themselves priviledged for the better carrying on of the same The first day of Parliament M. Speaker in his speech to the King alwayes concludes with a prayer in the name of the House that they may enjoy their ancient and undoubted priviledges the essentials whereof are Three First freedom from Arâ—esâ—â— for themselves their necessary servants 2. Freedom of debate the very life of Counsels 3. That they may not be drawn 〈…〉 but â—yed by themselves unless for Treasons or Felonies which are apparently so as if a Member should kill a man there is no question but he ought to be tryed by the Common Law which is the common arbiter of life and death This being laid as a substratum and ground-work I conceive thereby that if any considerable number of men free from all faction and conspiracy shal by Petition or Remonstrance which is an humble way make a complaint to the House of Ten or Twenty of the Members charging them with high misdemeanors and amongst the rest that they by artisicial practises seduce the House and poyson the very fountain of Justice that they cause divisions between the Parliament and the Kingdom and such men as have given most large testimonies of their cordial affections to the Parliament and Kingdom and are ready to aver and make good their Charge praying that the parties may be suspended from voting in the House for the present
this Petition ought to be granted for these Reasons 1. Because the suspension is but in order to the tryal A Petition to the House is equivalent to an original writ upon every action or accusation something by the Law must be done in order to the tryal a man is arrested for money possibly there is nothing due yet bail must be given or the party imprisoned before the right of the matter appears If the Charge be for treason the party is not bailable the punishment is so hainous unless in some special case or that malice is evident if for felony in some cases the Iudges wil take bayl if the party be not taken in committing the crym if for other offences and misdemeanours the matter nature and rise of the Charge is principally considerable but always something must be done in order to the tryal As for any bayl or caution to answer the Charge it is improper but the first thing properly to be don is suspension from the Hous that they may do no more hurt in the House and this is but in the nature of an Injunction to prevent further mischeif which is granted in ordinary Courts of Iustice upon a bare suggestion that a man hath Committed waste and spoyl upon the ground before the title be tryed an injunction is granted to stay any further wastes The writ called de leproso amovendo to remove a Leper is granted upon a bare suggestion before it be tryed whether the party be a Laperâ—â— not that the healths of others may not be indangered 2. This can be no prejudice to the Members for if the Honst please to hear the proofs the matter may be ended in a short time but if they sit there it cannot be imagined whatsoever they may pretend that they desire a speedy tryal if the House please to suspend them but for a moneth and hear the proofs in that time what prejudice can it be in right reason The matter of every Charge where no malice is apparent is presumed to be true and that 's the reason that the Law favours the Plaintiff presuming the cause of Action to be just for though the most confident Accusation is not the least proof to condemn for then none should be Innocent yet t is a violent presumption that t' is true and the party to be seoured for the Law says that a Common fame that saith a man is guilty of felony is sufficient cause for a Justice of peace to Restrain a mans Liberty a thing in law most precious Now no malice can be presumed in the Army towards the Members accused they which have ventured their lives for the Parliament and Kingdom can be supposed to intend nothing but the Common good what they do is for the pure love of Justice they and the whole Kingdom desire peaee and speedy Justice which only can cure the Consumption of this Kingdom these are the principal obstructers of Justice and hinderers of poor Irelands releif and these men to accomplish their ambitious ends study to imbroyl this poor Kingdom in a second and more bloody war and care not to set all on fire so as they may Nerelike warm themselves and so great is their influence in the Honorable House that so long as they sit there no Reformation can be expected and therefore they ought to be suspended But it may be demanded Object why may not these men sit in the House and vote in other matters till the whole Charge be proved against them By no means for so the matter wil be endless men that have cunning wits wil drive every Vote to their own ends Respon when the House or Committee should sit to hear the complants against them they shal procure an order to put it off for ten days or bring on other businesses and pretend absence of witnesses besides as upon every Summons at Law there are fifteen days given so is it in Committees Tediens protractions and dangerous delays which the Condition of the Army cannot admit to go a Circular course of Law against them by way of Bil Answer and Replication but if they were not guilty of the matters Charged against them they would not fear being suspended some of them can be out of the House moneths together for their own ease or profit why should not the House do right to the Army in this particular Obs. But must not the House preserve it self if Ten Members may be suspended in this manner why not as wel Twenty or a Hundred and so the whol House might be dissolved and so a failer of Justice Resp No suchmatter every Court hath an intrinsecal power by the Rules of Law to conserve it self if the cheif Justice of the Kings bench or common Pleas be liable to any action the writ may be taken out against him in the name of the Secondary Judgs and so against Three Judges in the name of the Fourth But if the four Iudges be all bound in one bound joyntly this Bond cannot be sued against them all in this Court for then there would be a failer of Iustice they may not be Iudges in their own case but one or two of the Iudges may be sued in their own Court and they are to be Removed from off the bench and sit below amongst the officers of the Court uncovered and therefore one of the Iudges in the Queens time being sued in an action of Debt because he might not sit in the Court while the Action against him was depending by consent came to a speedy tryal and the matter was ended in a day or two what a happy thing would it be for this Kingdom if every mans cause might be ended so soon or at least in a moneth or two the Lord grant it may be so But out the case that there was a Law that no Member of the House of Commons should be suspended nor accused but by the Oathes of Twenty witnesses as the Cardinals are not to be Impeached but by Twenty Accusers shal an Army of such gallant faithful men that have been Instruments to save the Kingdom be subject to a dead Letter the Kingdom now intreats them to see Iustine done shal the Houses to gratify those few Incendiaries indanger the ruin of the whole Kingdom or shal the Army to preserve an unnecessary priviledg neglect to see the Comon Rights and Libertys of the people setled which they have fought for all this while must we to prevent a small inconvenience enforce a greater there is no previledge of the House of Commons that must stand in competition with the safety of the people the Law is Lord of particular cases and persons but the universall good is Lord over it what Law was there to restrain any man from going between Oxford and London but the safety of the people and what schisme is it in the body to pull out an aking tooth though seated in the head This is a farre stronger case then Straffords or Canterburies
blessed Reformation for the good of this poore Kingdome shall be effected and justice and common honestie shall be highly exalted how will the world then stand and admire and say with David mirabilis Deus in sanctis suis God is greatly to be admired in his Saints Doe but consider seriously of it for which of the Armies good works at Naesby Bristow c. must they in all haste be stoned Weigh their proceedings in an equall ballance since the Charge sent up against the eleven Members they have kept at a distance expecting justice to be done upon them it cannot be obtained they approach the City for that purpose onely Oh bid them welcome the sword is but the servant of justice and servants of justice are the Kingdomes best friends take heed you do them no wrong my life on it they will do you none you know they are no cowards when their cause is good the justice of heaven is for them they have assisted you against those who had designed the ruine of your famous City It is but justice and common equity that you should assist them against those that had designed theirs and in them the ruine of the whole Kingdome for believe it under the specious pretences of government order and uniformity the designe of these men and their Accomplices was no other but to get the Kings power into their own hands to monopolize all the great places to themselves and their Adherents to continue Grandees of Parliament during their lives and to make us the most absolute slaves that ever were in this Kingdome both for soules bodies and estates consider further what can you get by opposing this Army for though the Commanders and Officers be not Souldiers of fortune but Gentlemen of worth and quality and few of the souldiery but know how to live comfortably for you see it is not money they aime at being acted by more noble principles the love of justice and vertue for which they first ingaged yet if they find resistance nature justifies selfe-defence and justice must be done you may lose much and in the losse of this Army you and yours are likely to be inslaved for ever you know God has owned this Army as those that are holy faithfull and chosen and all Counties where they come owne them and love them and feare nothing but their disbanding before the peace of this Kingdome be setled and the Liberties of the Subject vindicated pray read the 8. of Numbers the Lord is with them and the shout of a King is amongst them Therefore as you love this Kingdome make not the least head nor face of resistance against them you and they are as two vessels at sea if you clash upon one another you are broken he that gives the first blow ingages the Justice of Heaven against him set open your gates if you have no intestine troublers you may throw down your works the Army under God will be your sufficient defence doe not object that to require justice in this manner is to enforce the Parliament force and right are opposed force being properly of things unlawful 't is no force to make a man to be honest these Members accused might have acted and voted freely for the infranchisement of the people but they are not free to vote for our inslavement t is a common Argument that by this meanes the Houses are over-awed and not in a free capacity but it beares not the weight of a feather For 1. God and nature law and reason all command the execution of justice and hee that ordaines the end alwayes appoints some means or other conducing to that end therefore when the Liberty of a people cannot be setled but by a defensive war that must needs be lawfull but this is the case there happens an unhappy difference betweene the Houses and the Army the Parliament say they will make the Kingdome happy the Army fears it and sayes it will not bee done unlesse these Incendiaries bee removed Now the Question is Whether the Army ought not in Law and conscience to continue in armes till this difference be ended and there is nothing more cleare then that they ought for it is a rule in Law and universall reason that when a suit is begun all things must rest as they then are till the matter be ended and adjudged for to deliver up the sword is to release the right 2. Here is no force unlawfully raised but commissionated by the Parliament for the freedome of themselves and the whole Kindome not to fight with an implicite faith but for justice and common Liberties and properties and there can no Argument bee used against the Army for whetting their glistering swords against the injustice of these men and keeping them unsheathed untill the King and Kingdome bee setled in Honour and safty but what may bee improved against the Parliament for the first raiseing of this Army Let not these and such like Incendiaryes nor their accomplices in pulpits nor elsewhere abuse you into any prejudices or jealousies as that the Army was raised and paid by the Parliament and that the servants oppose their Masters just as the Bishops argued wee are the shepheards ye are the sheepe shall the sheepe oppose the shepheards t is the Kingdome that payes the Army and they contribute thereunto out of their owne estates but the Parliament are so wise in all their declarations to exempt themselves from payments the Army fight for themselves and for the good of the Kingdome and are true to their first principles Iustice and Lawfull Liberties for the love whereof they will adventure ten thousand lives a peece if they had them For my part if they should willingly disband before our Liberties be setled and secured I should proclaime it to all the world that they had betrayed us Have honest men laid out themselves to their very shirts and must they now be trampled upon and made at the best hewers of wood and drawers of water if so much favour may be granted them to breath in the Land of their nativity How is justice vineger at the best and gall to the most Protestants by a new trick made Papists and indicted upon the Statutes of Recusants honest men imprisoned every where as if it were no more to imprison a man then to whip a Schoole-boy Petitions burnt a thing never heard of amongst Heathen Magistrates that dries up the fountaine of all reliefe and these persons are the chiefe incendiaries and promoters of all these mischiefs these are the Phaetons that would set all on fire before the generall conflagration at the day of judgement for I have a most reverent and honourable esteem of many in both Houses who in my conscience really and sincerely without those unworthy and base ends of enriching themselves upon the ruines of others intend the glory of God and the good of this Kingdome but are over-voted and silenced as wheat lies buried amongst the chaffe Therefore this being no time to write much All you honest Citizens go down to the Parliament and cry Iustice Iustice against these men take your Bibles and mark well the 20. Chapter of the second Book of Samuel let these Sheba's be but suspended the House and justice done upon them and the Army if you desire it will make an honourable retreat so as they may have moneyes not to be chargeable to the almost quite exhausted Countreys The Army desires an account of the many millions of money that have been raised for the Kingdomes service In the name of God let the Treasurers Committee-men and those that have swallowed down the money vomit it up againe why should they not let quick and cheap justice be done to rich and poore I assure you the work will be glorious if you hinder it not if you make any opposition against this Army you are undone Farewell the glory of London-Towne the Lord give you wisdome to know your friends from your foes In this will Gods love be manifest to the city I hope your unthankfull Remonstrance may be forgotten because you were at the first a Sanctuarie for honest men I trust God will inspire you to foresee and prevent your ruine which can onely be by complying with this Army for which I shall pray and conclude my selfe an unfeigned well-wisher of peace and truth of the honour of the King and just Rights and Liberties of the Parliament and Kingdome FINIS