Basiliká the works of King Charles the martyr : with a collection of declarations, treaties, and other papers concerning the differences betwixt His said Majesty and his two houses of Parliament : with the history of his life : as also of his tryal and martyrdome.

The Declaration of the Lords and Commons of Parliament assembled at Oxford according to His MAJESTY'S Proclamation, Concerning their Endea∣vours since they came thither for the Peace of the Kingdom, and the Reasons, en∣forcing their Abscence from Westminster.

VVE the Lords and Commons of Parliament, being upon just and important reasons absent from the City of Westminster, whither we were Legally cal∣led or sent by the Power and Authority of His Majesty's Writ, when He summoned His Parliament, and being by His gracious Proclamation of the two and twentieth day of December convened at Oxford, with full liberty to present our humble Advice to His Majesty, for the preservation of the Religion, Laws and Safety of the Kingdom; thought it most agreeable to our Duty to God, our zeal and tenderness of His Majesty's Honour and Safety, and our Affection and Compassion of the bleeding condition of our misera∣ble Country, to use our utmost and earliest endeavours to prevent the effusion of more Christian English Blood, and to close those Wounds through which this Kingdom is in danger, in a short time, to languish even to Desolation. And finding the ill success which had attended all the Overtures of Treaty and Accommodation made by His Majesty; His Majesty's most gracious Message from Nottingham being with so much contempt rejected, which being sent by Members of both Houses, those Messengers were not suf∣fered to deliver it as Members, or to sit in the House whilst the same was debated, con∣trary to the Privilege of Parliament; and that to the two last Messages sent by Him, of the twelfth of April, and nineteenth of May, (in both which are most gracious expres∣sions of His Princely and passionate inclinations to Peace, as may appear by those Messa∣ges herewith again re-printed,) there hath not been the least Answer returned to His Majesty;* 1.1 but on the contrary His Messenger imprisoned, and to this day detained, and an Order that on pain of Death none should presume to come thither from His Maje∣sty, upon what business soever, without leave from the Earl of Essex; in pursuance of which Order,* 1.2 though the same passed only the Commons, a sworn Messenger of His Ma∣jesty's hath been barbarously put to death for carrying a Legal Writ to London: we thought any address for Peace would most successfully pass through His hands, and that when * 1.3 we had considered how unhappily he had been made an Instrument of so much Blood and Devastation, he would with great chearfulness have interposed in a business of Re∣conciliation, and at least have met us half way in so blessed a Work; and therefore, with His Majesty'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 direct 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 Wit∣ness against those who have rejected it,) that we have done our parts. In stead of vouchsafing us any Answer, or proposing 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 say∣ing, that it neither having Address to the two Houses of Parliament, nor therein there being any acknowledgement of them, he could not Communicate it to them; whereas the Address was in the way prescribed, (prescribed under pain of Death, no Address be∣ing allowed, as aforesaid, but by the Earl of Essex,) and he being desired to represent to and promove 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 instrusted as to a Committee, by whose Advice ('tis well known) his Answer was sent, and with it, and as part of it, a Paper intituled, The Declaration of the Kingdom of Scotland, and, A Declaration of the Kingdoms of England and Scotland, and another, A solemn League and Covenant; the Declarations and Covenant being a∣gainst the King of both Kingdoms, without the consent of and against the major part of the Nobility, and we are confident the Gentry and Commonalty, of This. And if his Lordship would make good his own Letter, and spend his Blood, or but use his endea∣vour, for the maintenance of the Parliament of England, being indeed the foundation whereupon all Our Laws and Liberties are supported, we should not Treat at this di∣stance, at least a Treaty would not have been rejected. We suffered not Our Selves to be discouraged with this refusal, but a safe Conduct was desired for two Gentlemen

(against whom there neither was nor could be the least exception) to go to Westmin∣ster, to present such Propositions as might best conduce to the Peace of the Kingdom; conceiving that by such means our meaning and intentions might best appear, and all formalities and unnecessary insisting and mistakes upon words might be removed. This safe Conduct (which hath never been denied by His Majesty, or His Generals, to any person who hath desired to have admittance to Him,) was likewise absolute∣ly refused by the Earl of Essex; yet with some expressions, That if any Propositions should be sent to those by whom he was intrusted, he would use his utmost endeavours to advance the Peace: which though it seem'd nothing agreeable 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 Par∣liament, could not take any Exception, but should be compelled to return some An∣swer or other. And an Answer it hath drawn from them, but such an 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, Declarations, and that Co∣venant, are likewise publick to all men: God and the World must judge between us. In the mean time we must, without bitterness or sharpness of Language, (to which neither example or provocation shall transport us) tell these men, That most of us are too well known, even to themselves, to be suspected to incline to be either Pa∣pists 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 King∣dom, seems to be (and in truth is 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 our selves 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 Liberty of the Kingdom, than of our Lives and Fortunes; so the uneasie Condition wherein we are, and the heavy Judgments and Proscriptions imposed on us by our Equals, have proceeded and been caused from that Conscience, Loyalty and Duty in which we have been Born and Bred, and from which we could not swerve without the manifest breach of our Allegiance, and those civil Oaths we are obliged by: As, we hope, will appear to all men by this our ensuing Declaration.

We shall pass over (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 Inconveniences 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 most gracious Offer of His Majesty, 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 have since besallen 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 Distractions, we shall let the World know, how much the inherent and essen∣tial Privileges of Parliament have been violated; how we (being called by His Maje∣sty, and trusted by our Country with their Suffrages in that Council) hath 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 Invasion 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 Instru∣ments 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 nor lawfully returned by their Country, and the putting and keeping out others whose Opinions 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 mens Names in publick places, and proscribing them as Enemies to their Country, who dissented in the Houses in opinion in matters debated, and being com∣plained

plained of, no reparation granted; the sitting at unparliamentary hours, thereby wea∣rying and tiring many Members from attendance, and so in a thin House altering and reversing the resolution taken in a full House; the refusing to receive and suppressing Petitions against Persons in favour, though in point of Bribery and corruption in Judi∣catory, and the like of other Petitions from whole Counties for the preservation of the Government of the Church,* 1.4 as from Notinghamshire and Somerseshire, whilst others a∣gainst it were received with great countenance and approbation, from mean, un∣known 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 former∣ly gotten in the Country to those Petitions, of which they who subscribed their hands know nothing, as in the Petition of Buckinghamshire, and the setting names in London to Petitions in the name of, 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 Sa∣cred Person of the King, without so much as Reprehension, and the denying His Ma∣jesty's Negative Voice; we insist not so much on, (though very prejudicial and scan∣dalous to the Privileges and Honour of Parliament) as on those Acts of Force and Vi∣olence which are contrary and destructive to the Freedom and Liberty of Parliament.

Shortly after His Majesty returned from Scotland, there being a very long debate in the House of Commons concerning an unparliamentary Remonstrance to be publish∣ed to the People of the State of the Kingdom, (which many of us then thought might prove prejudicial to the Peace thereof) Captain Venne, 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 over-powered by the worser part: whereup∣on, 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 contra∣ry 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 up∣on, 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 Captain Venne's was complained of to the House of Commons, and Witnesses offered to prove it; a fellow who had assaul∣ted and reproached a Member of the House of Commons in those Tumults was com∣plained 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 ap∣pointed by them without His Majesty's Consent, thereby to awe all those who concur∣red 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 House of Commons: and when the Lords desired by several Messages, that the House of Commons would joyn with them in a Declaration against Tumults, they refused, or neglected to joyn with them, it being said by Mr. Pym in the House of Commons, God forbid we should dishearten our Friends who came to assist us. And albeit some of the Lords professed, that if the People were again drawn down in that tu∣multuous manner, they would no more come to the House; and albeit an Order was made, that in such a case the House 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 Commons having desired the House of Peers to join with them in desi∣ring 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 nega∣tively by much the major part of the Lords; it being again resumed at another time (contra∣ry 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, (and that by much the major part) that whosoever refused in this particular to joyn with the House of Commons, were in their opinions enemies to the State; words destructive from the Liberty and Freedom of debate.

During the time that this business of the Militia 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, Free-hol∣ders, and others the Inhabitants of the County of Hartford, reckoning up the causes of the present Fears, Troubles and Distractions, and amongst them the want of Compliance in that Honourable House with the House of Commons, in entertaining those many good motions, and passing those necessary Bills presented to them from that House for the publick good, and desiring liberty to protest against all those as Enemies to the publick who refused to joyn with the Honourable Lords whose endeavours were for the publick good, and with the House of 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, Free-holders, and other Inhabitants of the County of Surrey, directed to the House of Peers, concluded with this close, That they should be in duty obliged to mantain their Lord∣ships so far as they should be united with the House of Commons in their just and pious pro∣ceedings; sufficiently intimating that if they joyned not with the House of 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 re∣fused to consent and 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 London, was directed to the House of Commons, taking notice of a malignant Facti∣on 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 joyn with that Honourable House, and to sit and Vote together as one entire body; and professing that unless some speedy remedy were taken for the removing all such Obstructions as hindred 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 unessayed 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 publickly 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 House of Commons at a Conference: And after, the same day, Master Hollis, a Member of the House of Commons, in a Message from that House, pressed the Lords at their Bar to joyn with the House of Commons in their desire about the Militia; and far∣ther, with many other expressions of like nature, desired in words to this effect, That if that desire of the House of Commons were 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, countenanced and seconded, many Lords thereupon withdrawing themselves, the Vote in order to the Militia, twice before rejected, was then passed.

After these and other unparliamentary Actions, many things rejected and settled, up∣on 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 with∣drew our selves from thence, where we could not Sit, Speak and Vote, with Honour, Freedom and Safety, and are now kept from thence for our Duty and Loyalty to our So∣vereign. And though some of us Sate and continued there long after this, hoping that we might have been able to have prevented the growth and progress of farther Mischief; yet since the Privilege of Parliament is so substantial and entire a Right, that as the Inva∣sion 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 under that consideration every one of our just Liberties suffered violation.

Many of us for these and other reasons, after His Majesty Himself was by many In∣dignities and Force driven from Westminster, have been, contrary to the Right and Free∣dom of Parliament, Voted out of the House, without committing any Crime, and some of us without hearing, or so much as being summoned to be heard; and so our Countries, for which we were and are trusted, have been without any Proxies or Persons trusted on their behalf. An Army hath been raised without and against His Majesty's Consent; and a Protestation enjoyned to live and die with the Earl of Essex, their General of that Army;* 1.5

and a Member now amongst us, refusing to take that Protestation, was told, That if he left not the Town speedily, he should be committed to the Tower, or knocked on the head by the Souldiers. All Persons, even the Members of both Houses, have been and now are forced or injoyned to contribute for the maintenance and support of that Army. A trayterous Covenant is since taken by the Members who remain, and imposed upon the Kingdom, That they will to their power assist the Forces raised and continued by both Houses of Parliament, against the Forces raised by the King, with many other Clauses di∣rectly contrary to their Allegiance; and another for the alteration of the Covenant of the Church established by Law: and such Members as have refused, according to their Duty and Conscience, to take those Covenants, have been imprisoned or expelled; so as they have suffered none to reside with them, but those who are engaged with them in their desperate courses.

The whole Power and Authority of both Houses is delegated, against the Law and nature of Parliament, to a close Committee, which assumes and usurps the Power of King, Lords and Commons, disposes of the Persons, Liberties and Estates of us and our fellow-Subjects, without so much as communicating their Resolutions to those that sit 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 Argu∣ment and contradiction hath been taken away. And to shew how impossible it is to contain themselves within any* 1.6 bond of civility and humanity, when they have forfei∣ted their Allegiance, after the attempt in a most barbarous manner to murther the Queens Majesty at Her landing at Burlington, 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 Se∣dition and Discord have with no less industry and passion been promoted. And when the Members of the House of Commons, in August last, had agreed, upon a long and solemn de∣bate, to joyn with the Lords in sending Propositions of Peace to His Majesty, the next day printed Papers were scattered in the Streets, and fix'd upon the publick places both in the City and Suburbs, requiring all Persons well-affected to rise as one man, and to come to the House of Commons next Morning, for that 20000 Irish Rebels were landed; which direction and information was likewise that day given in Pulpits by their Sediti∣ous Preachers: and in some of those Papers were subscribed, That the Malignant Party had over-voted the good, and if not prevented there would be Peace, (the Propositions for Peace being the day before carried by nine and twenty Voices.) A Common-coun∣cil was called late at night, though Sunday, and a Petition there framed against Peace, which was the next morning brought to the House, countenanc'd by Alderman Pen∣nington (a known Promoter and Governour of those Tumults,) and attended with a multitude of mean Persons, who used Threats, Menaces and Reproaches to the Mem∣bers of both Houses. Their Petition took notice of Propositions passed by the Lords for Peace, which if allowed, would be destructive to Religion, Laws and Liberties; and therefore desired an Ordinance according to the Tenor of an Act of their Common∣council the night before. Thanks was given them by the Commons, whilst the Lords complained of the Tumults, and desired a concurrence to suppress them, and to pre∣vent the like; many of the People telling the Members of both Houses, That if they had not a good Answer, they would be there the next day with double the number. By these Threats and Violence the Propositions formerly received were rejected, and all thoughts of Peace laid aside. Shortly after, great numbers of Women resort to the House where the Commons sate, with a Petition for Peace. 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 de∣sirous of Peace; and thereupon the late Covenant eagerly and severely pressed upon them. By reason whereof and the other miscarriages, whereby their freedom was abso∣lutely taken from them, divers of both Houses withdrew themselves.

And we must now appeal to all our fellow-Subjects of this Kingdom, who have ta∣ken the Oaths of Allegiance and Supremacy, who have any knowledge 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 born. 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 Free∣dom which is due to the Members, and indeed is the life of Parliament, the Act of those in the House (being a lawful Act) is the Act of the House, though there were a greater number absent, all who were 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 justifie the Actions which are done, but the Reputation and Number of the Actors, we rely so much upon the understanding and honesty of our Country-men, that they will believe, when they see our concurrence and unanimity in Resolutions and Counsel 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 Violence offered to our Persons or our Consciences, which takes 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, who as long as this Parliament shall continue (notwithstanding all the Votes of those who are guilty of Treason and Rebellion) mustaccount our selves, and shall be accounted by our Country, the true and lawful Members of Parliament.

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 shall briefly present to their view and consideration the danger and condition of His Majesty's Person, His Honour and Rights, the Religion and Liberty of the Kingdom, the defence and maintenance of which those Persons with whom we cannot agree seem and pretend to 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 Horrour) the taking by force His Majesty's Forts, Towns, 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 publick Ministers and otherwise, the transcendent presumption of sending Agents to Foreign Princes, and in the Name of the States of England, the tray∣tourcus distinction between the Person of the King and His Office, and declaring that an attempt upon His Life is not High-Treason; (which Doctrine is so much countenanced, that Persons who have threatned to Kill the King, having been complained of, have been left unpunished, and the Witnesses and Prosecutors threatned or discountenanced) the raising an Army against Him, and therewith giving Battle to His Person: All which are known to be very unagreeable with the Affection, Duty and Loyalty of Subjects, and English-men.

Concerning Religion, we cannot but with bleeding Hearts and trembling Souls consider the unheard-of Impieties and Prophanations exercised in Churches and Conse∣crated places; the Countenance and licence given to scandalous, debosh, ignorant Lay∣persons to Preach and exercise the Office of the Ministry; the suppressing and cruel using and imprisoning in Gaols and on Ship-board Godly, Learned, Orthodox Divines, famous and exemplary in their Lives and Doctrine, the most eminent Assertors of the Protestant Religion against Popery and Innovations; the scurrilous and scandalous re∣viling, scoffing and suppressing the Book of Common-Prayer, compiled by glorious Martyrs for the Protestant Religion, established by Law, and so long and so publickly used and acknowledged as an excellent and unparallel'd 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 Member of the House of Commons,* 1.7 and that during the recess of both Houses; the stirring up and inciting the People to Rebellion in Pul∣pits; and (which is the greatest Scandal and Reproach to the Protestant Religion that can be imagined) the making Religion it self the ground and cause of Rebellion; lastly, after having lived so many years in the most glorious and most unblemished Church of Christendom, the total defacing and pulling down the whole Fabrick of it, censuring and reproaching the Doctrine, and destroying the Discipline, and (as if we were cast ashore in some uninhabited Climate where the Elements of Chri∣stianity were not known) the calling (without the least shadow or colour of Law

or Lawful Authority, against His Majesty's express Consent, manifestly against the Sta∣tute of 25th. year of King Henry the Eighth) an assembly of Divines, composed of some Noblemen, Gentlemen, and Ministers, (all under the style of Godly and Learned Di∣vines) most of which are not otherwise known than by their Schism and Separation from that Church in which they were born, and to which they have subscribed; and these Men now must new-make and mould the Religion by which we must all be sa∣ved. God in his good time we hope will vindicate his own Cause, and repair the brea∣ches which have been lately made.

For the Laws of the Land and the Liberty of the Subject, so speciously urged and pre∣tended to be the end of those who have disturbed our Peace, we need say little; every place and every person is an ample evidence and testimony of the bold and avowed violation of either. The Charter of our Liberties, Magna Charta, so industriously and Religiously preserved by our Ancestors, and above Thirty several times confirmed in Parliament, that Rampire and Bulwark of all the precious Privileges and Immunities which the Sub∣jects of this Kingdom could boast of, and which distinguishes them from all the Subjects of Christendom, is levelled and trampled under foot, scorned, despised and superseded by Votes and Orders; Men of all sorts, Clergy and Laity, imprisoned without the least charge that by the Law is called a Crime, and their Estates are sequestred by Persons of whom the Law can take no notice; Committees made by Committees, Rob, Banish, and Imprison the Lords and Commons of England; Men committed by Persons of no Authority, for no cause, to Prison, have by Habeas Corpus (the good old Remedy and Security for our Liberty) been brought to the Kings Bench, and by command of those who first committed them remanded, and Commands given to the Judges that they should grant no Habeas Corpus (which they were sworn to grant) to any Persons commit∣ted by them, or by those to whom they grant Authority to commit, which themselves have not Power to do. Neither can we pass over the motion made by Mr. Rigby, a Member of the House of Commons, to transport those Lords and Gentlemen who were Prisoners, and by them accounted Malignants, to be sold as Slaves to Argiers, or sent to the new Plantation in the West-Indies; urged the second time with much earnestness, because the Proposer had contracted with two Merchants to that purpose: the which though it took no effect at that time, may awaken those who have observed so ma∣ny things to pass and be ordered long after they have been once or twice denied and rejected. And who sees the new and inhumane way of imprisoning Persons of Quality under Decks on Ship-board, by which cruel usage many of our Country-men have been murthered, may have reason to fear they may be hereafter carried a longer voyage than is yet avowed. The twentieth part of our Estates is at once taken, and if we are not willing to obey that Order, the other Nineteen are taken from us as Malig∣nants; a term unknown and undefined, and yet crime enough to forfeit our Lives and all that we have. Our fellow-Subjects have been executed in cold blood, for doing that which by the Laws of God and Man they were bound to do;* 1.8 and after their Murther, their Estates seized, and their Wives and Children exposed to Misery and Famine. Laws made, and Penalties imposed by Laws this Parliament are suspended, dispensed withal, and those things done by Order against which those Laws were made. And that there may be no face of Justice over the Land, the Judges are prohibited to ride their Circuits, for the administration of that Justice which the King owes His People, and they are bound to execute. And after all this, and after the merciless shedding so much English Blood, after the expending so much Money (much of which was given for relief of our poor Protestant Brethren of Ireland, and diverted for the improving the Distractions at home) after the transportation of such vast sums of Money and great Treasure into Foreign parts, to the unspeakable impoverishing this Poor Kingdom; to make our Misery lasting and our Confusion compleat, a Foreign Enemy is invited and brought into the Bowels of this Kingdom, to drink our blood, to divide our Possession, to give us new Laws, and to Rule over us. And the better to make way to those horrid Im∣positions, by confounding and making void all civil Rights and Proprieties, and the better preparing the Kingdom to be shared by Strangers, a New Great Seal (the spe∣cial Ensign of Monarchy, and the only way by which Justice is derived and distributed to the People) is counterfeited and used, albeit it be by the express letter of the Statute of the 25th. year of King Edward the Third declared to be High Treason.

Having now made this clear plain Narration to the Kingdom, (the truth and parti∣culars whereof are known to most Men) that when Posterity shall find our names in the Records of these times, as Members trusted by our Country in that great Council by whose Authority and Power the present Alteration and Distraction seems to be

wrought, it may likewise see how far we have been and are from consenting to these desperate and fatal Innovations; we cannot rest satisfied without Declaring and Publishing to all our fellow-Subjects and to the whole World, that all our Intentions and Actions have been, are, and shall be directed to the defence of His Majesty's Person and just Rights, the preservation of the true Protestant Religion, and Liberties of the Kingdom established by Law: That as we do with all humility to God Almighty, and as a great Blessing from him, acknowledge His Majesty's happy and Religious Reign and Govern∣ment over this Kingdom, and especially the excellent Laws and Statutes made in His time, and particularly those in this Parliament; so we do with all duty and submission Declare, That His Majesty is the only Supream Governour of this Realm in all Causes, Ecclesiastical and Temporal; That His Natural Person is not to be divided from His Kingly Office, but that our natural Allegiance, and the Oaths of Allegiance and Supre∣macy, do bind us and all His other Subjects to Loyalty and Allegiance to His Natural Person; That His Majesty's Negative Voice (without which Monarchy is dissolved) is an inherent Right of His Crown, and that no Orders of one or both Houses of Parlia∣ment, without His Majesty's express Consent, can make a Law to bind the Subjects ei∣ther in their Property or Liberty; That we do from our Souls abhor the present Rebel∣lion raised in this Kingdom against His Majesty, and that all His Majesty's Subjects are bound by their natural Allegiance, and the Oaths lawfully taken by them, to the utmost of their power to resist and repress the same, and particularly the Army now under the Command of the Earl of Essex, and all other Armies raised or to be raised without His Majesty's Consent, under pretence of the two Houses of Parliament. And we do dis∣claim all Votes, Orders and Declarations in countenance or maintenance of the said Ar∣mies; and Declare, That no Oath or Covenant voluntarily taken, or inforced, doth or can bind or dispense with the breach of those other Oaths formerly and lawfully taken to His Majesty; and that all those who aid, assist or abett this horrid and odious Rebellion, are and ought to be accounted and pursued as Traitors, by the known Laws of the Land; That we utterly detest and disclaim the Invitation which hath been made to His Ma∣jesty's Subjects of Scotland to enter this Kingdom with an Army, the same being as much against the Desires as against the Duty of the Lords and Commons of England, and all true-hearted English-Men. And we do Declare and publish to the World, That as any such Invasion or Hostile entry into the Kingdom by the Rebellious Subjects of Scotland is a direct and peremptory breach of the late Act of Pacification between the two Kingdoms; so that we and all the Subjects of this Kingdom are bound by our Alle∣giance, and by that very Act, to resist and repress such Invasion: And whosoever is or shall be abetting, aiding or assisting to those of Scotland in their Hostile Invasion of this Kingdom, ought to be looked upon as betrayers of their Country, and are guilty of High Treason by the known Laws of the Kingdom.

And that our weak, misled and seduced Country-men may no longer pay an implicite regard and reverence to the abused name of Parliament, (which these guilty Persons usurp to themselves) and so submit to those Actions and Commands which two Houses of Parliament (never so legally and regularly constituted) have not Authority to re∣quire or enjoyn; and since these Men will not suffer their poor Country to be restored by a Treaty to the benefit of a Parliament, which would with Gods blessing easily re∣move these Miseries, and prevent the like for the time to come; we must and do declare to the Whole Kingdom, That as at no time either or both Houses of Parliament can by any Orders or Ordinances impose upon the People without the Kings Consent; so by reason of the want of Freedom and Security for all the Members of Parliament to meet at Westminster, and there to Sit, Speak and Vote with Freedom and Safety, all the Actions, Votes, Orders, Declarations, and pretended Ordinances, made by those Mem∣bers who remain still at Westminster, are void and of none effect; and that as many of the Lords and Commons assembled at Westminster as have at any time consented to the raising of Forces under the Command of the Earl of Essex, or to the making and using of the new Great Seal, or to the present coming of the Scots into England in a warlike manner, have therein broken the Trust reposed in them by their Country, and are to be proceeded against as Traitors. And yet we are far from dissolving or attempt∣ing the dissolution of this Parliament, or the violation of any Act made and confirmed by His Majesty's Royal Assent this Parliament, which we shall always maintain and de∣fend: Acts of Parliament are only in danger to be destroyed by those who undervalue and despise the Authority and Power of Acts of Parliament, who therefore deny the Kings Negative Voice and neglect His Concurrence, that their own Resolutions may be reputed as Acts of Parliament, to the Ruine and Confusion of all Laws and Interest. It is our

grief in the behalf of the whole Kingdom, that since the Parliament is not dissolved, the Power thereof should, by the Treason and Violence of these Men, be so far suspended, that the Kingdom should be without the fruit and benefit of a Parliament, which cannot be reduced to any Action or Authority, till the Freedom and Liberty due to the Mem∣bers be restored and admitted; and they who oppose this, must be only looked upon as the Enemies to Parliament: In the mean time we neither have nor shall attempt any thing for the Adjourning, Dissolving or Proroguing thereof, otherwise than as it may stand with the Act in that case provided.

Lastly, we Declare, That our endeavours, actions and resolutions tend and are di∣rected, and shall always be directed, to the maintenance of God's true Religion esta∣blished by Law within this Kingdom, to the defence of His Majesty's Sacred Person, His Honour and just Rights, to the preservation of the Liberty and Property of the Subject, settled and evident by the Laws, Statutes and Customs of the Realm, and the just Freedom, Liberty and Privilege of Parliament; and that what we shall do for the defence and maintenance of all these, proceeds from the Conscience of our Duty to God, our King and Country, without any private and sinister ends of our own, and out of our sincere love to Truth and Peace, the which as we have, so we shall always labour to pro∣cure, as the only blessed End of all our Labours. And we do therefore conjure all our Country-Men and fellow-Subjects, by all those precious obligations of Religion to God Almighty, of Loyalty towards their Soveraign, of Affection towards one another, and of Charity and Compassion towards their bleeding Country, to assist and joyn with us in the suppressing those Enemies to Peace, who are so much delighted with the Ruine and Confusion they have made, that they will not so much as vouchsafe to Treat with us, that all specious Pretences might be taken away, and the grounds of this bloody Con∣tention clearly stated to the World. If these Men, with a true sence and remorse of the ill they have done, shall yet return to their Duty and Loyalty, they shall (God wil∣ling) find us of another temper towards them, than they have been towards us: And if the Conscience of their Duty shall not draw all our fellow-Subjects and Country-Men to joyn with us in assisting His Majesty, we hope that the prudent consideration, That 'tis impossible to Reason for our miserable Country ever to be restored to Peace and Happi∣ness, but by restoring all just and legally-due Power and Authority into His Majesty's hands again, will direct them what is fit to be done by them. And if any yet shall be so unskilful, and, to say no worse, vulgar-spirited, to hope by a Neutrality and odious In∣differency to rest secure in this Storm, though we shall not follow the examples of other Men, in telling them, that their Estates shall be forfeited and taken from them, as per∣nicious and publick Enemies, (God be thanked, the Law is not so supprest, but that it proceeds in Attainders and Forfeitures, and all Men know an Estate escheated to His Majesty by High Treason is as much, as legally His Majesty's, or his to whom His Ma∣jesty grants it, as ever it was the unhappy Persons who hath so forfeited it) yet we must let them know, that their Condition is like to be very dangerous; and that as they (for resistance of whom His Majesty's Armies are raised) have declared to them what they are to expect at their hands, that is, to be dealt with as pernicious and publick Enemies, so they have reason to believe, that His Majesty cannot look upon them as Persons who have performed that Duty they are obliged by their natural Allegiance and their Oaths enjoyned by Law, which is, to defend the King to the utmost of their Power against all Conspiracies and Attempts whatsoever which shall be made against His Majesty's Person, His Crown and Dignity, and to do their best endeavours to disclose and make known to Him all Treasons and Conspiracies which shall be against Him, to their power to assist all Jurisdictions, Privileges, Preheminencies and Authorities belonging to Him, or united to the Imperial Crown of this Realm. The just and pious consideration and weighing of which Oath and Obligation must stir up all Men of Loyalty and Conscience, to be in∣dustrious and active on His Majesty's behalf against this horrid and odious Rebellion, and against the Authors and Fomenters of the same. And we are confident it will not a little encrease the Indignation of all good true English-Men, to find these Disturbers of their Peace, who have so speciously pretended the defence of the Rights and Privileges of Parliament, unite themselves with and govern their Actions by the concurrent▪ Ad∣vice and Consent of Commissioners of another Kingdom, whose business is to alter our Laws, and confound our Government. And if all the other particulars so plainly set down in this Declaration, and so publickly known to most Men, were wanting, there could not be a greater instance of deserting the Dignity and Right, and, as much as in them lies, cancelling all the Liberties and Privileges of Parliament, than for these Men to break the Trust reposed in them by their Country, and to submit themselves to the

Advice, and oblige themselves to the Consent of Agents of another Kingdom, who have cast off their Allegiance, and united themselves together against their natural and native King, and against the Laws of both Kingdoms, and have given an ample testimony to all those they have misled, how far they are from submitting or intending to be gover∣ned by Parliament, or by those who would yet be thought the two Houses of Parlia∣ment, by joyning four Scotch-Men (Agents for the Rebellious Army which hath in∣vaded this Kingdom) in equal Power and Authority with seven Lords and fourteen Commons, by whose sole and uncontrolled managery and consent all business of Peace and War, which doth or may concern this languishing Kingdom, must be governed: And yet these Men take it very heinously that His Majesty should move them, in order to Peace, to agree that all the Members of both Houses may securely meet in a full and free Convention of Parliament; because (they say) from thence no other Conclusion can be made, but that this present Parliament is not a full nor free Convention, and that to make it such the presence of us is necessary. We must appeal to all the World, whether in truth that Conclusion be not very apparent from the truth of their Proceedings, and even to the Consciences of these Men themselves; whether whilst we were amongst them, we enjoyed that Liberty and Freedom which was due to us; and whether (if there were no danger or breach of Duty in being willingly and constantly present where Actions of Treason are plotted and concluded) we could now be with them without engaging our selves in that Covenant, which as it takes away all freedom and liberty of Council, so cannot be taken without the violation of our Duty and Allegiance. For the deserting the great Trust reposed in us, we cannot with the least colour be accused; we wish it had not been or were not now broken on their parts; on ours we are sure it is not; except observation of our Oaths lawfully taken and enjoyned, and submission to the known established Laws of the Land, the preservation of which is our greatest Trust, be to desert the Trust reposed in us. What they have done, who have broken through all these, and will not at last consent to the binding up the wounds they have made, we must leave to the World to judge. In the mean time, since 'tis apparent they use their utmost endeavours to make Peace impossible, and (having enriched themselv•••• by these publick Calamities, and impoverished their Country by the transportation of ••he Wealth thereof into Foreign parts) have left themselves no other means to repay those vast Sums they have extorted from the People upon that they call Publick Faith, ••ut out of the Estates of those who have preserved their Duty and Loyalty entire, and at the price of their Religion and Laws intend to establish a Government and Empire to themselves; all good Men who desire Peace will joyn with us in the suppressing these Enemies of Peace, and by a resolute and unanimous Declaration of themselves, rise as One Man in the assistance of His Majesty with their Persons and their Fortunes, which is the only means, with God's blessing, to restore and preserve the Religion, Laws and Li∣berties of the Kingdom, and the very Being of Parliaments: The which if these Men have any mind to do (it being not so easily to be done any other way) they will at last be willing that all the Members of both Houses may meet in a full and free Convention of Parliament, which we have always desired, and shall be always rea∣dy to do.

Notes

• * 1.1

  Mr. Alex∣ander Hampden.
• * 1.2

  Dan. Kniveton.
• * 1.3

  He.
• * 1.4

  As in the case of the late Earl of Manche∣ster, Lord Privy-Seal.
• * 1.5

  Mr. Gamul.
• * 1.6

  Bound.
• * 1.7

  Mr. Pym.
• * 1.8

  M. Yeo∣mans & M. Bour∣chier of Bristol. M. Tomp∣kins, M. Chaloner, at London, and divers others.