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A93511 Some queries propounded to the Common-Councell, and citizens of London, concerning the armies demand of having the militia of London of the 4th of May changed. Wherein the unreasonablenesse and great danger of that proposall, and the justifiablenesse of the cities refusall both in law and conscience, are fully demonstrated. 1647 (1647) Wing S4561A; Thomason E400_26; ESTC R201757 10,141 15

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again and had any Power ☜ there were so many of the malignant partie in the House of Commons that they joyning with him no honest man should keep his head on his shoulders and without this neither such as belonged to this Army nor any others could be secured Secondly since the Army have gotten the King divers of their partie Members of the House of Commons the Kings most mortall Enemies have been with one Mr. Willingam who keeps all the writings of Windebanks and other Papers of State to look out and peruse them for that end to see what matter they might finde against the King to make a Charge of and this Mr. Willingham hath been sent to and written unto by the Army about these Papers and to come down to the Army Thirdly Mr. Marshall and Mr. Nye coming from the Army too good friends to Cromwell and that party said to divers Members of the Assembly asking them about the Armies Propositions that the King should never have any Power more the Army would look to that he should for his own Family and in his Chappell enjoy the liberty of his Conscience but have never more to do in the Government of the Kingdom And I would ask any reasonable man seeing they have agreed and declared thus much already that the King shall have no more power how long time he thinks when they have gotten all the Power of the Militia into their hands and have new modelled the House of Commons as they have done the Army he shall enjoy his Conscience or his life And therefore O Common Councell and Citizens of London and all who love the King and his Posterity the Laws and Liberties of the Kingdom the Priviledges of Parliament the Reformed Protestant Religion part not with your Militia give not such a Sword into the hands of bruitish unreasonable men to destroy your selves and all that 's dear to you with And that you may lawfully and with a good conscience keep your Militia for the yeer and that to part with it at the pleasure of the Army is very unsafe and most dangerous I desire these following Quaeries may be well considered of 1. Whether an Ordinance made by Parliament in a time unquestionably of Freedom and liberty and in full Houses upon mature deliberation and after many dayes debate after answering all objections against the persons and things and after scanning upon every particular person contained in the Ordinance and this done upon the desire of the City to the Parliament and their nomination choice of the persons to be approved by the Parliament be to be judged more valid binding or an Ordinance made after Members driven away by the threats and approaches of an Army and upon the Demand of an Army and in a thin House of Commons and concluded upon on a sudden 2. Whether or no if the Parliament by Ordinance after mature advise and deliberation in full Parliament had given the City of London towards the payment of their debts five hundred thousand pounds and thereupon the City had been in possession of the money in case the Parliament upon another Ordinance made upon the desire of the Army after threatnings and driving away Members should have revoked this money whether would the City hold themselves bound in Law or conscience to part with it and if not as I suppose they would not Then I conceive they are lesse bound to part with their Militia as being much more to them without which they can neither keep their Estates lives or liberties but all they have as the case stands is exposed to ruine 3. Whether it would not have been judged and cried out of in the King as great injustice breach of the liberty of the Subject c. when he had given the grant of any thing for life or for term of yeers under the great Seal he should upon his own will without any fault in the persons have taken it from them before half the time expired And if it would be so in the King what is it in the Parliament to recall the Militia before half the time be out 4. What is any Ordinance of Parliament worth or will be accounted of by any if as soon as t is granted it may be thus recalled And upon what a slender foundation or broken reed will not men say they have built on all this while in lending those vast summes of money to the State and in acting for the Parliament if Ordinances by the Parliament it self be so easily made void and broken will ever men venture their lives and estates upon Ordinances 5. Whether the Armies desire of having the Militia thus changed and putting the Parliament so upon it to take it away against the will of the Common Councell and persons entrusted without any reason at all given or unfaithfulnesse found in them be not to put the Parliament upon exercising a meer Arbitrary Power and to rule by will and so against the Common Rights and liberty of the Subject so much complained of by the Army in all their Representations Remonstrances Declarations Letters and made the ground of their refusing to disband and of all the late differences between them and the Parliament 6. Whether in the judgement of any indifferent men it can stand with the honour Justice Authority and Gravity of the supreme Court of Judicature and the great Councell of a Kingdom when upon mature deliberation and weightie reasons in the most legall way and with the best securitie they have granted a thing to persons highly deserving of them and of known fidelity to them and the publick to take it away of a sudden without giving any reason at all or indeed there being any just cause for so doing but rather much to the contrary 7. Whether or no according to the judgement of the best Reformed Divines both forrain and English 't is not held lawfull for Subjects when by their Princes a Power is given unto them of Cities Forts Castles and Militia for their safety and security against an opposite party in the Land that would destroy them to hold and keep them for their defence against Edicts and Commands of Princes requiring to give them up yea against Armies sent to take them away by force And whether all Divines who allow of any Defensive Arms in any Cases to Subjects yea * See Bishop Abbot De Antichristo and especially Bp. Morton in his Sermon preached in the North before the K. of subjection to the higher Powers and against resisting Authority even then when the King went against the Scots how he excepts that Case of keeping Forts Militia given on purpose for security which I conceive he did on purpose according to the judgement of other Protestant Divines to free the Protestants in France and the Rochellers from R●bellion in standing upon their own defence in those Towns and Cities given them for their security against the bloody Papists Bishops the most tender of Subjects disobeying
the Commands of Princes or of taking up Arms do not in that controversie of Defensive Arms grant it lawfull in this case of having Forts Castles Militia given them for defence to keep them as the Protestants of France in the case of Rochel and if this be so whether is it not much more lawfull for the City to keep their Militia now for the time according to the grant of Parliament 8. Whether or no many learned Divines beyond the Seas as Pareus c. who are for Subjects Defensive Arms and others at home as Bishop Bilson Bishop Abbot Bishop Beadles Doctor Willet c. though they hold it unlawfull for private persons who are not Magistrates nor have no part in the Civill Government to take up Arms against the higher Powers do they not hold it lawfull in some cases after Petitioning and using all other means and remedies for inferiour Magistrates the next in Power and Interest to the Supreme to take up Arms to defend themselves and the People in their rights against certain ruine which if it be so then certainly the Magistracie of the City of London the Lord Mayor and Court of Common Councell being the greatest Power next the King and both Houses of Parliament and having next the King and the Houses the greatest Interest in the Kingdom and being the most considerable part of any City or County in the Kingdom for the safetie of the whole may lawfully when the King is seised on by an Army and kept against his will the Parliament over-awed and the whole Kingdom in danger of ruine keep the Power of the Militia setled upon them in their hands for the preserving of the King Parliament themselves and the Kingdom 9. Whether or no if a Father Master or a Friend should give his son servant or friend a sword into either of their hands to defend Father and himself if another servant should come with a sword to the Master and by holding the sword over him and by threats work him to command the other to lay down his sword and to give it to him whereby either to kill both Master and servant or else to put upon them what conditions he pleases may not the son or the servant in such a case lawfully refuse such a command and keep the sword both to preserve his own life and his Fathers And if so whether this be not the case now of the Armies demanding of the Parliament the Sword they gave to the City and of the Cities humble desire to keep it for the safetie of Parliament and themselves 10. Whether if that this Power of the Cities choosing and having their Militia in their own hands being one of the Propositions upon long and mature deliberation passed by both Houses and agreed on by the Commissioners of the Kingdom of Scotland to be presented to the King to be confirmed should be thus taken away by the Parliament presently after passed by an Ordinance may it not give an occasion and ground to the King to break this and other Propositions after signing them saying the Parliament more engaged to the City for their adhering to them then I was to the Parliament or City broke with the City and that in the principall the Militia and and why may not I then break with the City 11. Whether or no may not the City of London justly alledge for their keeping the Militia and not giving it up upon the desires of the Army a true reall necessity of self preservation and not onely a pretended necessity as the Army did for not disbanding as also the liberty and freedom of the Subject the solemn League and Covenant for Reformation c. which the Army in all their Remonstrances Declarations c. never so much as once took notice of or so much as pretended as indeed intending to destroy it and revoke it as appears by their last Proposall of revoking all the penall Statutes for matters of Religion and full freedome for all private meetings for religious Exercises 12. Whether the City of London in their humble refusall of giving up their Militia in this juncture of time to the will of the Army do not perform an high act of faithfulnesse to His Majesties Person Crown and Posterity And whether the delivering it up were not putting a sword into the hands of mad men to destroy the King and his Posteritie with 13. Whether if the City of London should part with their Militia at this time they do not in as much as in them lyes betray and give up Religion the King and his Posterity the Parliament Laws liberties the whole Kingdom yea the three Kingdoms to the wills lusts and Revelations of an unreasonable bruitish Anabaptisticall Army And are they not guilty of fearfull breach of Covenant and of putting a sword into such hands to destroy all with 14. Whether or no considering all the Demands hitherto of Sir Thomas Fairfax and the Army under his I would say Cromwels Command as to have the command of all Forces Garrisons c. in England Ireland as to have all Statutes for Religion repealed c. and in this now of asking for the Militia of London may it not be said as Solomon of Adonijah And why does Sir Thomas ask the Militia of London let him ask the Kingdom also 15. Whether or no so soon as the City shall have parted with their Militia according to the desire of the Army and the Armies Deputies Titchburne Estwick c. shall be a little in possession shall not a good part of the Army come into the City to guard the Parliament keep the Works put out the Reformadoes suppresse tumults and all to prevent a new Warre and make an happie Peace 16. Whether after the City have quitted their Militia shall not London be the head quarter for Sir Thomas Fairfax Cromwell and the other great Officers the generall Rendezvous for all to come to And whether must not the Aldermens Houses the great Merchants and rich Tradesmen be for quarter for them their wives and children and especially for the great Collonels Huson Pride Okey c. who have no houses of their own fit for their Honors to dwell in 17. When London's Militia is in the power of the Army who shall pay this meritorious glorious Army of Saints all their Arrears some behinde 50. weeks some 30. weeks And who shall maintain them for the time to come shall not London be forced to it and shall not whoever refuses to pay the great summes laid upon them of thousands and hundreds be plundered sequestred judged Malignants enemies to the Saints that will not contribute to them who have saved the Kingdom from Tyrannie and by whose means alone they enjoy all they have 18. When the Army hath possession of the Militia of London whether or no may any Presbyterian or ill-affected person keep a sword gun or any weapon in his house for fear of raising a new war 19. Whether may any Citizen of