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by the people; as well by the king's writs, as without them, in cases of necessity.
Tenthly, by the constant custom of all corporations, which are counties within themselves, having power, annually, to chuse sheriffs only by the king's charters, without any special writ; as Lun. doo, Bristol, Gloucester, York, Canterbury, Coventry, &c. use to do, therefore every county in England and Wales may do the like without any special writs, being a necessary, annual, ancient standing office, especially, in these confused times, when none have any legal authority to issue out writs or commissions, to elect or swear sheriffs, by vertue of the premised statutes: And the army officers, with other self-created usurping powers, may as lawfully obtrude mayors, sheriffs, and other officers, on every corporation of England, without their election, and deprive them of their freedom to elect them; as thrust sheriffs, justices of the peace, coroners, or other eligible officers upon counties, and rob them of this their just, ancient right and-privilege, now strenu ously, to be revived, asserted for their common safety against all incroachments thereon. The statute of Westminster, 1 chap. 5, enacting, declaring, that, all elections ought to be free, and not disturbed by force of arms, under great forfeitures, by no great men, nor others.
Thirdly, let all counties, cities, boroughs, ports, make choice of the wisest, ablest, stoutest, discreetest persons, such as are best. affected to peace, settlement, and the nation's publick interest, for their knights, citizens, and burgesses, not of raw, unexperienced, timorous, or time serving, unstable, self-seeking, turbulent men.
Fourthly, let all counties, cities, noblemen, gentlemen, yeo. men, clergymen, aod freemen of the nation unanimously resolve,
to obey no new, illegal, tyrannical, upstart powers, officers, con· venticles, committees or councils of men whatsoever, forcibly ob. truded on them; nor to execute any of their orders or commands; but only to obey such legal officers, as themselves shall legally elect, or a free parliament duly elected by them; nor pay any taxts, customs, imposts, excises, contributions whatsoever, to any oficers, soldiers, collectors, but such as shall be imposed by common consent, in a free and lawsul parliament, it being their ancient birth-right (for defence whereof, the army was first raised) ratified not only by sundry anci·nt statutes and the late petition of right, but several acts, votes, declarations, judgments, the last long parliament of king Charles, acknowledged in the instrument of go. vernment itself, the late petition and advice, the army's own former declarations, and the late dissolved junto, in their very last knack, of the twelfth of this instant October, their plea and papers since,
Fifthly, if any officers, and soldiers of the army, out of faction, ambition, s.lf-ends, or jesuitical seduction, shall obstinately, traiterously, maliciously, or tyrannically oppose the people in their elections of sheritls, knights, citizens, burgesses, or levy any taxes, excises upon them by armed violence, contrary to all their former forfeited, now expired commissions, declarations, engage. ments; let them then unanimously declare and proceed against them, as professed publick enemies, traytors to their native country; who by their former and late treacheries, rebellions, and unwarrantable proceedings against all their superiors, transcending all precedents in profane or sacred stories, have actually in law, justice, forfeited not only all their commissions, commands, and arrears of pay, but all their very lives, lands, estates; and that our whole three nations, by their solemn league and covenant, for their own future preservation, are obliged to bring them to publick justice, as themselves have proceeded against hundreds, nay, thoa. sands of other delinquents, not half so criminal as themselves; and, thereupon, intreat all other officers, soldiers in the army, who have any fear of God, or love to themselves, their posterities, or native country, remaining in their breasts, as Moses did the congregation of Israel, in the rebellion of Korah, Dathan, and Abiram, who mutinied the people against him and Aaron, Numb. xvi. 66 Depart, I pray ye, from the tents of these wicked men, and touch nothing of theirs, lest ye be consụmed in all their sins. So they gat up from the tabernacle of Korah, Dathan, and Abiram on every side.” And as many officers, soldiers, as shall, there. upon, desert the tents of their rebellious commanders, and contri. bute their assistance for the speedy calling, and safe fitting of a free, lawful parliament, without any future mutinies, to interrupt or dissolve it, when convened according to the premised statute of 16 Car. chap. 1. let them be assured of their full arrears, and of indemnity for what is past, which none else but a free and lawful parliament can grant them, all other indemnities being void in law. And, if this will not satisfy, let them beware, lest the earth cleave asunder, that is under them, and then open her mouth, and swallow them up alive, with their houses, men, goods, and all appertaining to them, and they perish from among the congregation, as Korah, Dathan, and Abiram, with their families and adherents did, by this or some other exemplary judgments, and a universal insurrection of our three whole discontented, oppressed, ruined nations against them, which they may justly fear and expect, if they believe there is a righteous God, that judgeth in the earth, a Lord of Hosts able to scatter, punish, execute vengeance on them here, and cast them into hell for ever hereafter, for their manifold, unlamented, reiterated, transcendent rebellions; or repute these texts canonical, which I shall recomiend to their sad. dest meditations : Prov. xxix. 10. 66 He, that being often reproved hardeneth his neck, shall suddenly be destroyed, and that without remedy:" As the late anti-parliamentary junctos and protectors have been. Prov. xi. 21. “ Though hand go in hand, yet the wicked shall not go unpunished.” Psal. Ixviii. 21. “ God shall wound the head of his enemies, and the hairy scalp of such a one as goeth on still in his trespasses.” Ezek. xxiv. 14. “ I the Lord have spoken it, it shall come to pass, I will do it; I will not go back, neither will I spare, neither will I repent; but according to thy ways, and according to thy doings I will recompense, and they shall judge thee, saith the Lord.” Col. iji. 25. “ He that doth wrong shall receive
according to the wrong done, and there is no respect of persons with God;" who can, in a moment, as easily destroy an whole army, and great host of men (as he did * Sennacherib's, Jerobo. am's, and other armies) as any one single person.
October the last, 1659, the day of king-condemning John Brad. shaw's death, and translation to his proper place, and arraignment, in the highest court of justice.
LET ME SPEAK TOO:
HUMBLY PROPOSED TO TIE OFFICERS OF THE ARMY, CONCERNING
THE LATE ALTERATION OF GOVERNMENT.
The last testimony amongst men, both Greeks and Barbarians, which no time will abolish, is that which, by oath, calleth the Gods to be Sureties of their covenants. PROCOPIUS.
Psal. xv. 4.-Having sworn to his own hurt, he changeth not.
London: Printed 1659. Quarto, containing eight pages.
GENTLEMEN, AS it pleased the Lord of Hosts to conduct you through many difficulties hitherto, with whom to this time I have kept pace, and wherein I cannot accord, I humbly with all affection propose my scruples, being willing to be deli. vered froin any error, and misapprehension in any kind, and that, which is given with the right-hand, will not, I hope, be taken with the left: And let me acquaint you, it is not private interest, or worldly gain, is any ground at all to incline me to query; for I was never no courtier, nor received any benefit by it, nor was ever like to do, nor ever received the least personal injury from the long parliament.
Therefore, as they are the naked and plain result of an unbiassed mind, I hope you will the rather bear with them and me; I know some amongst you, which, I am sorry to see, take all ill, and resent nothing to be reason, but that which comports with their own humours; as for them, I am in little hope, either to receive or give satisfaction,
This only I would farther say, that the former blessings of God, and his mercy unto you, is no argument at all, that he will ever continue the same, but will, as he haih done to other people, more highly declare himself against you, in case you take sanctuary at unrighteous ways and courses, and what are not justifiable before God and men: You have I loved above all the nations of the earth, I therefore will panish you for your iniquity. I do not know any one action, that ever brought your principles into suspicion, and that you bear not the same good-will to righteous and just proceedings, as this last of dethroning his Highness without any reason or cause given, at least worthy such severity: Ál' that I have further to say is, that, 'if you have done well, and have the testimony of a good consci. ence, the Lord establish you; if not, God give yon repentance, and make restitution.
• 9 Kings, xiii. 35. 2 Chron. xiii. 16, 17.
QUERY 1. WHETHER there be any power or authority by kings or pro
tectors, with parliament or parliaments alone, or a free state so called ; and what other government soever be more jure divino, than another? And the reason of this query is this : Because no one government, but hath been as beneficial a government to the people as the other: And there is nothing in any new-devised way of rotation, which, in itself, is seemingly rational, but whether other governments are not cvery way as rational, and freer from inconveniences in the practice of it, than the other, and far more, if well considered ?
2. Whether the late protector was not proclaimed, as protector and supreme magistrate, by the commanders in chief of the army, in the greatest solemnity imaginable; first, at the Exchange in London, Westminister, and, afterwards throughout England, Scot. land, and Ireland, with the greatest testimonies of the soldiers good-will and liking, and of the people's reception and entertain. ment with a nemine contradicente?
3. Whether the officers and soldiers of the army afterwards, upon more serious deliberation, did not generally address them. selves unto the protector as supreme magistrate, and so did further thereby oblige themselves, and, by such a kind of transaction, subjected themselves by way of the most solemn engagements unto him, as supreme magistrate?
4. Whether the people, from all quarters of the nation, did not, after the most solemn manner, address themselves likewise unto him, with the most cordial, zealous, and pathetical expressions, that it was possible, for a poor people, tired out with war and blood, to utter: thinking with themselves, that now they were ar. rived at the fair haven of peace and safety? And, withal, let this be considered also, that if an agreement of the people, so much talked of by some, be that which would be as a fundamental basis for a government to be settled upon; then, lo here it is. I think it may be said, without the least kind of presumption, that no prince, or king of England, or any other government, since this was a land, had a greater testimony, and witness, and agreement of the people, both religious and others, than this protector hath, having about four or five-hundred-thousand hands, and twice as many hearts besides ?
5. Whether he was not acknowledged and recognised by the frecst parliament chosen many years, as supreme magistrate?
6. Whether the Lord Fleetwood, Desborough, Lambert, Bury, Hewson, Cooper, &c. did not swear to be true to him as protector when they sat in parliament; and how hateful to God and men, yca, to the very heathens have such things been? Ezek. xvii, 12, 13, 14, 15, speaking of the faith that the Hebrew kings had given to the Babylonians, “ Shall he prosper, shall he escape that doeth euch things? Or, shall he escape that breaks the covenant, and be
delivered?” Verse 16, “ As I live, saith the Lord God, surely in the place where the king dwelleth that made him king, whose oath he despiseth, and whose covenant he brake, even with him in the midst of Babylon he shall die."
Seeing he despiseth the oath, by breaking the covenant (when, lo, he had given his hand) and hath done all these things, he shall not escape.”
Philo. An oath is God's testimony of a thing in question?
Austin. He that swears by a stone, if he swear falsly, is perjured; and afterwards saith, The stone heareth not thy words, but God punishes thy fraud.
7. Whether the late protector, for so it seems he must be called, ever gave any reason or ground at all, for these gentlemen to de. throne him, and to protest against him and his government? I could wish, and many thousands more, the reasons might be seen, for nothing hath passed or been observed by diligent observers and partners with you in the same cause, that might render him unlovely or unacceptable to any person whatsoever. However, if there be any grounds or considerations, that might induce the army to such a grand transaction as this; first, to reject and slight him, and then to give reasons, if there be any, is to hang a man first, and to try him afterwards?
8. But, if there be no substantial grounds, as it is presumed, there none can be, even as little as you may blame the sun for run. ning his course, so harmless hath he been : Whether then there hath been, in any age, more unfaithfulness in justice, greater co. venant-breakers, persons so rebellious, men that have rendered the blessed gospel of Christ and professors thercof more uncomely, than this generation hath done; let the world judge, for, indeed, they have already given their verdict in the case, which is more
9. Whether your invitation of the long-parliament, to return to their trust, be not a transparent figment? Who trusted them? The people. But the people since have delivered their trust else. where; for, when the late protectors did send out writs, the people might have staid at home, there were none forced to chuse, but freely they have elected others: And, if so be the free choice and election of the people make a parliament, and they are also free to chuse, as often the providence of God shall put opportunity into their hands, then it is very doubtful whether this be any other thing than only a parliament so called, the people having freely declared themselves otherwise.
Obj. But if it be objected, that these gentlemen, with others, made a vote in the long-parliament, that they should not be disa solted, nor disturbed, until they themselves pleased or saw cause. Ans. It is a good way of arguing if it would serve, for if ten or
or great men, should chuse stewards and trustees to manage their estates for the best advantage, as usually they do ; and, after they felt and tasted the sweets of their trust, they should enter into a combination, and resolve and agree amongst them.