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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

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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
have alwayes desired from our hearts and souls manifested in our actions and proceedings and severall humble Petitions and Remonstrances to his Majesty professed our loyalty and obedience to his Crown redinesse and resolution to defend his Person and support his Estate with our Lives and Fortunes to the uttermost of Our Power c. A Declaration of the Lords and Commons in Answer c. Concerning the Allegations that the Army raised by the Parliament is to murther and depose the King We hope the Contrivers of the Declaration or any that professeth but the name of a Christian could not have so little chari●y as to raise such a scandall especially when they must needs know the Protestation taken by every Member of both Houses whereby they promise in the presence of Almighty God to defend his Majesties Person the Protestations made by the Members of both Houses upon the nomination of the Earle of E●●ex to be Generall and to live and die with him is exprest that this Army was raised for the defence of the Kings Person In the Solemn League and Covenant for Reformation and defence of Religion and honour and happinesse of the King Thus Having before our eyes the honour aend happinesse of the Kings Majesties Person and his Posterity We shall sincerely really and constantly through the grace of God endevour in our several places and callings to preserve and def●nd the Kings Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdom that the World may beare Witnesse with our Consciences that We have no thoughts or intentions to diminish his Majesties just power and greatnesse c. And it appeared not unto V● to be consistent with the publike Faith of the Houses in those Decl●rations nor with other obligations which We have laid upon our selves by these Oa●hes Covenants Prote●●ations to hazard the deposig of the King from his Crown dignity much lesse the losse of his Life upon the making of a breach upon the matter in difference 2. We could not but foresee the apparent losse of the Kingdom of Ireland and extirpation of English Protestants and of the Protestant Religion out of that Kingdom into the hands and power of Pa●ists in Arms there We cannot but believe our tendernesse to make a breach of proceeding out of hearts desire to relieve and preserve the remnant of those poor Protestants which otherwise are like to be a prey to the Popish Rebels who are not satis●ied with the lives of many thousands of Innocents whom they have already murthered will justifie Vs before God and Men for what We have done in endeavouring to lay hold upon the grounds given Vs towards the settlement of Peace 3. We could not but apprehend with fear the great advantage to the Popish and Forraign Interests and the disadvantage to the Protestant Cause in this Kingdom and throughout the World by a breach The Prince and Duke of York the two next Heirs to the Crown and Government of three Kingdoms both in For●aign par●s and under the 〈◊〉 direction If the Warre be stilll continued by the Parliam●n● upon the matter in differenc● it may be feared the Prince may marry with the daughter of a Popish King ostrengthen himself both at Land and Sea by Forraign alliance to which the right of his Inheritance to three Kingdoms is a faire invitation unto which the Popish Interest in Ireland prevailing giving such an advantage together with the assistance of the Papists in this Kingdom what can be expected for Vs but to be certainly the the Seat of Warre and in great danger to be brought under a Popish yoak which We beseech Almighty God to keep us from 4 It is obvious that a breach made at this time upon the grounds afore-mentioned as it will divide Vs amongst our selves hazard the losse of Ireland so it is like to lay a foundation of a perpetuall breach betwixt these two Kingdoms of England and Scotland If there should bee any thought of change of Government here how contrary are their declared Principles both of their State and Church thereunto The King of England is King of Scotland and they are under Allegiance and Covenants for the preservation of the Kings Person and his Posterity as well as We What diff●rences are l●ke to ensue betwixt the Kingdomes by Government against Gov●rnment perhaps Title against Title and one Kingdom against the other And this Kingdom being the more wealthy most probable to bee the Seat wherein all the Tragick Sceans and contentions betwixt both Kingdoms shall bee acted what have We in reason or conscience before God or Man to beare us out against these many and Eminent hazards Wee had consideration of the vast debts which the Kingdome lies under and for which the Publique Faith stands ingaged Of which wee see no hope of payment but by a settlement What vast summes of money are owing to this Army and to all the Souldiers in the Kingdom What multitude of extream sufferers in this City and in every County of the Kingdome by what they have lent to and lost for the Parliament Who by the continuance of the Warre are onely like to bee paid with more sufferings and exactions upon what is yet left them and every yeers Warre is like to make new Malignants through discontenting pressures destroy more families increase the Publique debt to be paid and withall increase the Kingdomes wants and make it the lesse able to pay untill at last the Souldier seeing no hope of Pay the People no hope of Peace but generall and desperate tumultuousnesse fall amongst both by laying hold of what is now agreed might bee prevented the King having agreed to what is satisfactory for the payment of Publique debts and damages which yet may in good measure bee performed to satisfie the Souldiers Lenders and Sufferers and ingage them to the interest of our Peace Lastly when we cast our Eyes upon all parts of the Kingdome the present scarcity in the Countries the povertie and disorders in our Cities or when wee look at Sea and behold our Navy divided our Merchants robbed our Trade decayed confusion threatning us on every side These made our bowells yerne within us and call aloud upon us to improve the season and advantage offered by this Vote Before wee conclude this point wee must give Answer to an objection which they insinuate to aggravate the passing this Vote by us in these words Viz. Although the King had finally denyed such things from some of which by their Covenant whereto they had pretended so much zeal and from others by their Publique Faith given they were obliged nos to recede By Which this Paper seems to glance at the Proposition for abolishing of Arch Byshops Byshops c. For sail of their Lands and for settling the Presbyterian Government We cannot but observe its said their Coven●●t and not the Covenant to which they pretended so much zeal Is
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
it not their Covenant who have taken it as well as ours We say we took the Covenant without any equivocation or mental reservation and by Gods assistance have endeavoured and shall indeavour to continue faithfull therein although they seem here to scorn both it and us If they make this Objection with any sincerity here what is meant in the third page of their Paper by these words viz. Div●ns of those whose Principles were more complyant to a closure with the King upon satisfaction in the particular matiers especially concerning the Form of Religion and Church Government which they mainly aff●ct●d There they suggest that wee fall in with Malignants to obtain the Church Government which wee affect and here they insinuat that we break the Covenant in not insisting more for it But for the Covenant wee say the Kings Answer takes away Church Government by Arch Bishops Bishops c. by taking away their Courts and so farre takes away their Power of Ordination that it can never be revived again but by an Act of Parliament so that Episcopacy is divested of any actuall being by the Law of the Land and instead thereof the Presbyterian Government is put into possession by a Law for three yeares And wee say that the King having granted the rest of the Propositions and so much in this the Covenant doth not oblige us to make Warre upon this point to gaine what wee desired after the three yeares and shall really and constantly endeavour to obtain in our places and Callings Nothing could have made the Kingdome more irreconsileable to the Presbyterie then to have made that the sole Obstruction of the Peace and state of Warre● and it is evident except wee should put out the eye of our reason that besides the hope we might have of His Majesties comming neerer to us in this point and in the Covenant it selfe upon our comming neerer to Him in the absolute concluding and declar●ng of Peace the Parliament by what is granted already is put into a better capacity for setling Presbytery by a perpetuall Law then as things now stand they can reasonably presume of by the continuance of Warre The power of the sword apparently threatning not only the destruction of this Government of the Church but the being of the Church if Almighty God prevent not by striking at the foundations of our Faith contemning conscientious Ministers and Ministery it self taking away their Maintenance obstructing the Reformation of the Universities slighting of learning and professedly promoting a most licentious Toleration for all manner of Errors Heresies Schismes and prophaness in the Kingdome This being our present condition we hope we shall be sufficiently cleared from the least suspition of declining in our zeal to the Covenant which we have taken in what we have done For the Publick Faith passed upon the sale of Bishops lands We say that though the Purchasers might have afforded to have give● the same rates for their purchases if they might have had them assured to them by Act of Parliament●for 99 years and such moderate ●ents reserved as the King ●●timated in His Answer yet according to His Answer expressing further a satisfaction to be given to them we should not have consented to any such Act of Parliament for setling the remainder in Him and ensuring the said Rents until the Purchasers who were in possession and still held by the same Title under which they bought them should be satisfied And in case they should not be so satisfied we were not by the said Vote concluded from insisting further for a full Confirmation of their purchases having never actually agreed with the King upon any such Terms but prest● it is the last to get a full confirmation thereof and only Voted that this was a sufficient ground to proceed further And now we appeal to the Purchasers themselves whether we ought to have made an absolute breach upon this point or thereby should have performed our Publique Faith to the whole Kingdome and themselves As to what is said that the corrupt majority would not lend an Eare to admit a thought towards the laying down their own power or rendring it back to the People from whom they received it Wee answer that this is an unreasonable objection by them who endeavours to perpetuate an Army upon the Kingdome Nor is the continuance of this Parliament objected at large but that we are not willing to render our Power back again to the People by which means as their other Papers and actions tell us a new Representative made by the Army so that the complaint in effect is that we are not willing to render the power put into us for the Government of the Kingdome into the hands of the Army which wee con●esse wee think wee ought not to doe But as there is little doubt to be made that before an absolute conclusion of Peace with the King an Act might have been had for putting a Period in short time to this Parliament We for our parts when the Kingdome should had been in quiet possession of these Propositions by Acts of Parliament upon the conclusion and settlement of Peace There are no persons living would be more desirous then our selves to put a Period to our service in Parliament and leave it to the care of succeeding Parliaments to preserve what this hath gained to our Posterity Wee should have ended this point here but for one objection more which is made by their other Papers against any Agreement with the King viz. That whatsoever the King grants in this Treaty hee may plead force to breake it and that for any thing can bee discovered hee is like to use his endeavours to spoile us by policy of what we have gained by the expence of so much bloud For answer hereunto We say first That this objection lies against any agreement with the King though hee granted all the Houses desired or could desire and against any agreement betwixt King and people after a Warre made It can hardly be imagined after such differences but that for sometime animosities will remain and a disposition in those who thinke they have lost any part of their power to regain it It being naturall to all men in power to increase their power That this objection lay as strong against all former Treaties with His Majesty for Peace after the Warre began and against the declared end of the Parliaments Warre and of all just Warre a good Peace with His Majesty But more particularly wee say That the weight of this objection depends only upon an uncertain conjecture of what may or may not bee hereafter and the former experience which this Kingdome hath had in keeping such Agreements made in the heat of former differences strengthened us against the feare of the danger of it And though sometimes the Kings of this Realme and particularly this King have adventured to weaken their owne Grants for a time yet they have ever beene regained with advantage