The True State of the Secluded Members, Title page
A FULL Declaration Of the true State of the SECLUDED MEMBERS CASE. IN Vindication of Themſelves, and their Privileges, and of the reſpective Counties, Cities and Boroughs for which they were elected to ſerve in Parliament, againſt the Vote of their Diſcharge, publiſhed in print, Jan. 5. 1659. by their Fellow Members.
Compiled and publiſhed by ſome of the Secluded Members, who could meet with ſafety and conveniencie, without danger of a forcible ſurprize by Red-coats.
Mal. 2. 10. Have we not all one Father? Hath not one God created us? Why do we deal treacherouſly every man againſt his Brother, by prophaning the Covenant of our Fathers?
1 Cor. 6. 8. Nay, you do wrong and defrand, and that your Brethren.
LONDON Printed, and are to be ſold by Edward Thomas, at the Adam and Eve in Little Britain. 1660.
A FULL DECLARATION OF THE True State of the matter of Fact, Concerning the SECLUDED MEMBERS OF THE Houſe of Commons OF THE Parliament, Begun at WESTMINSTER, November 3d. 1640.
FOr the clearer ſtating of their Caſe, it will be neceſſary to have a retroſpect to the year 1642. and to obſerve down-wards ſuch Proceedings, as had a direct influence upon this matter. In order whereunto it muſt be conſidered, that in the ſaid year, ſome miſ-underſtandings ariſing between the King, and his two Houſes of Parliament, concerning ſome evil Counſellors about the King, at which ſtyle his M…jesty took offence, the two Houſes in theiraExact Collection p. 199. Declaration of the 19. of May 1642. have this expreſſion in anſwer thereunto, We his Majeſties loyal and dutifull Subjects, can uſe no other style, according to that Maxim in the Law, the King can do no wrong: but if any ill be committed in matter of State, the Council; if in matters of Juſtice, the Judges muſt anſwer for it. They add further,bIbid. p. 203. We cannot but juſtly think, that if there be a continuance of ſuch i…l Counſellors, they will by ſome wicked device or other make the Bill for the Triennial Parliament, and thoſe other excellent Laws paſſed this Parliament, of no value; And we are reſolved, the gracious favour of his Majestie expreſſed in that excellent Bill, for the continuance of this Parliament, and the advantage and ſecurity which thereby we have from being diſſolved, ſhall not incourage us to do any thing which otherwiſe had not been fit to have been done.
And after by their cIbid. p. 264, 281.Remonſtr: of the 26 of May 1642. they gave this as a Character of thoſe evil Counſellors, viz. Theſe are the men that would perſwade the People, that both Houſes of Parliament containing all the Peers, and repreſenting all the Commons of England, would deſtroy the Laws of the Land, and Liberties of the People: wherein, beſides the trust of the whole, they themſelves in their own particulars, have ſo great an intereſt of honour and estate, That we hope it will gain little credit, with any that have the leaſt uſe of reaſon, that ſuch as must have ſo great a ſhare in the miſery, ſhould take ſo much pains in the procuring thereof; and ſpend ſo much time, and run ſo many hazards to make themſelves ſlaves. And they conclude that Declaration with theſe words: We doubt not but it ſhall in the end appear to all the world, that our endeavours have been most hearty and ſincere, for the maintenance of the true Proteſtant Religion, the Kings juſt Prerogatives, the Laws and Liberties of the Land, and the Privileges of Parliament: in which endeavours by the grace of God we will ſtill perſiſt, though we ſhould periſh in the work: which if it ſhould be, it is much to be feared, that Religion, Laws, Liberties and Parliaments, would not be long lived after Ʋs.
Jealouſies and differences increaſing between the King and the two Houſes, they came at length to an open war; in the entrance whereunto, the Lords and Commons aſſembled in Parliament, publiſhed a Declaration in Aug. 1642. in the preamble whereunto they aſſert; dExact Collection, p. 491.That a Malignant party was then in armes against them, to the hazarding of his Majeſties Perſon, and for the oppreſſion of the true Religion, the Laws and Liberties of this Kingdom, and the power and Privilege of Parliament: all which every honeſt man is bound to defend; eſpecially thoſe who have taken the late Proteſtation, by which they are more particularly tyed unto it, and the more anſwerable before God ſhould they neglect it. And finding themſelves engaged on a neceſſity to take up armes likewiſe for the defence of thoſe, which otherwiſe muſt ſuffer and periſh; they did then think fit, to give that account unto the world, to be a ſatiſfaction unto all men, of the juſtice of their proceedings, and a warning to the People, to let them ſee the neceſsity and duty which lay upon them to ſave themſelves, their Religion and Country. In the body of the eIbid. p. 494.Declaration they charge the Malignant party, with an endeavour to poſſeſs the People, that the Parliament will take away the Law, and introduce an Arbitrary Government; a thing which every moral man abhors, much more the wiſedom, juſtice, and piety of the two Houſes of Parliament; and in truth ſuch a charge, as no rational man can believe it, it being impoſſible ſo many ſeveral perſons, as the Houſes of Parliament conſist of, about*Nota. 600. and in either Houſe all of equal power, ſhould all of them, or at least the Major part, agree in Acts of will and Tyranny, which make up an Arbitrary Government; and moſt improbable, that the Nobility, and chief Gentry of this Kingdom, ſhould conſpire to take away the Law, by which they enjoy their Eſtates, are protected from any Act of violence and power, and differenced from the meaner ſort of people, with whom otherwiſe they would be but fellow-ſervants. They then further charge the ſaid malignant partyfExact Collection, p. 494, 496. to have combined to bury the happineſs of the Kingdom, in the ruine of the Parliament, and by forcing it, to cut up the freedom of Parliament by the root, and either take all Parliaments away, or which is worſe, make them the inſtruments of Slavery to confirm it by Law, and leave the diſeaſe incurable: With compelling the trained Bands by force, to come in and joyn with them, or diſarming them, and putting their arms into the hands of lewd and deſperate perſons, thereby turning the Arms of the Kingdom againſt it ſelf; And with an intention to deſtroy the Parliament, and be Maſters of our Religion and Liberties, to make us ſlaves, and alter the Government of this Kingdom, and reduce it to the condition of ſome other Countries, which are not governed by Parliaments, and ſo by Laws. And upon theſe grounds they conclude that Declaration in theſe words. gExact Collect. p. 497.Therefore we the Lords and Commons are reſolved, to expoſe our lives and fortunes for the defence and maintenance of the true Religion, the Kings perſon, honour and estate, the power and privilege of Parliament, and the juſt rights and liberties of the Subject. And for the prevention of this miſchievous deſign, the alteration of our Religion. And we do here require all thoſe who have any ſence of piety, honor or compaſſion▪ to help a diſtreſſed State, eſpecially ſuch as have taken the Proteſtation, and are bound in the ſame duty with us unto their God, their King and Country, to come in unto our aid and aſsiſtance, this being the true cauſe for which we raiſe an Army, under the command of the Earl of Eſſex, with whom in this Quarrel we reſolve to live and dye.
And in the Declaration and Reſolution of both Houſes, in anſwer to the Kings Proclamation againſt the hIbid. p. 509.Earl of Eſſex, they have theſe words, viz. And whereas the Lords and Commons in Parliament, did formerly chooſe the Earl of Eſſex to be Captain General of ſuch forces as are or ſhall be raiſed for the maintenance of the true Proteſtant Religion, the Kings perſon, the law of the Land, the peace of the Kingdom, the liberty and propriety of the Subject, and rights and privileges of Parliament; the ſaid Lords and Commons do declare, That they will maintain and aſſiſt him, and adhere unto him the ſaid Earl, with their lives and eſtates in the ſame Cauſe, as in conſcience and duty to God, the King and their Country, they are bound to do. And the iExact Collection, p. 657.Petition of both Houſes ſent to the King by the Earl of Eſſex, when he marched in the head of the Parliaments army ſaith, That they have for the just and neceſſary defence of the Proteſtant Religion, of his Majeſties Perſon, Crown: and Dignity, of the Laws and Liberties of the Kingdom, and the Privilege and power of Parliament, taken up arms.
The two Houſes of Parliament having thus taken up arms, and declared the cauſe thereof, no ſucceſſe made them in the leaſt to vary from it; but in the very heat of the war, and whole proſecution thereof to the end, they aſſerted and adhered to the ſame cauſe, as appears in all their Remonſtrances, Declarations, Orders and Ordinances, during the war: which being over-tedious to tranſcribe at large, ſome material paſſages to that effect, ſhall only be inſerted, viz. In thekExact Collection, p. 632, &c. Directions from both Houſes, given to the Earl of Eſſex, General of the Army; the cauſe is aſſerted to be, in defence of Religion, his Majesties Perſon, the Liberties and Laws of the Kingdom, and Privilege of Parliament
And in the lExact Collection, p. 666.Declaration, and Proteſtation of the Lords and Commons in Parliament to this Kingdom, and to the whole world, Dat. Octob. 22. 1642. (a day before the battel of Edghil, ordered to be read in all Churches and Chapels) wherein they expreſſe their reſolution, to enter into a ſolemn Oath and Covenant with God, they conclude with theſe words, viz. We doubt not but the God of truth, and the great Protector of his people, will aſſiſt and enable us, in this our just defence, to restrain the Malice and fury of thoſe that ſeek our ruine, and to ſecure the Perſons, eſtates, and Liberties of all that joyn with us: and to procure and establiſh the ſafety of Religion, and fruition of our Laws and Liberties, in this and all other his Majeſties dominions; which we do here again profeſſe before the ever-living God, to be the chief end of all our Councils and reſolutions, without any intention or deſire to hurt or injure his Majeſtie, either in his Perſon or juſt power.
And whereas in the mExact Collection, p. 773.Kings Proclamation of the 24. of Octob. 1642. It is alledged, that the war raiſed againſt him, was to take away his life, to deſtroy his poſterity, to change the Proteſtant Religion, to ſuppreſſe the Law of the Kingdom, and to take away the Liberty of the Subject, and to ſubject both to an arbitrary power; And in one of his Majeſties Declarations▪ there was this allegation, That the Army raiſed by the Parliament, was to depoſe the King; Thereupon both Houſes of Parliament in a Declaration after the bloody battel of Edghill, in anſwer to this Charge and Declaration, have theſe words, nExact Collection, p. 657, 658, 663, 664.We hoped the contrivers of that Declaration, or any that profeſſed but the name of a Chriſtian, could not have ſo little charity as to raiſe ſuch a ſcandal, 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 promiſs and Proteſtation made by the Members of both Houſes, upon the nomination of the Earl of Eſſex to be General, and to live and dy with him; wherein is expreſſed, that this Army was raiſed for the defence of the Kings Perſon. And in the ſame Declaration, they rejoyce that his Majeſtie, and his Children eſcaped danger in that Battel.
In the oExact Collection, p. 696.Remonſtrance of the Lords and Commons of the 2d. of Nov. 1642. there is this paſſage. As God is witneſſe of our thoughts, ſo ſhall our actions witneſſe to all the world, that to the honour of our Religion, and of thoſe that are moſt zealous in it, we ſhall ſuffer more from and for our Soveraign, than we hope God will ever permit the malice of wicked Counſellors to put us to; and though the happineſs of this and all Kingdoms dependeth chiefly upon God, yet we acknowledge that it doth ſo mainly depend upon his Majeſtie, and the royal branches of that root, that as we have heretofore, ſo we ſhall hereafter esteem no hazard too great, no reproach too vile, but that we ſhall willingly go through the one, and undergo the other, that we and the whole Kingdom, may enjoy that happineſs which we cannot in an ordinary way of providence expect from any other fountain or ſtreams, than thoſe from whence (were the poyſon of evil Councils, once removed from about them) we doubt not but we and the whole Kingdom ſhould be ſatisfied abundantly. The ſame Remonſtrance alſo hath theſe words. pIbidem p. 697.We do not ſay the Royal aſſent is not requiſite in the paſſing of Laws, nor do, or ever did we ſay, That becauſe his Majeſtie is bound to give his conſent to good Laws, preſented to him by his people in Parliament, that therefore they ſhall be Laws without his conſent, or at all obligatory: ſaving only for the neceſſary preſervation of the Kingdom, whilſt that neceſſity laſted, and ſuch conſent cannot be obtained. And again, (q)Exact Collection, p. 727.We did and do ſay, that the Soveraign power, doth reſide in the King, and both Houſes of Parliament. It follows in the ſame Remonſtrance, rP. 728.Having the honour of God, and of his Majestie, and the peace, freedom and proſperity of this Kingdom, chiefly before our eyes in our Propoſitions, and in all our actions, we reſt aſſured, that both God and man, will abhor and abominate that monſtrous and moſt injurious charge, laid upon the Repreſentative body of this whole Kingdom, Of deſiring the ruins, not only of his Majeſties perſon, but of Monarchy it ſelf: and we appeal to all the world, whether worſe words than theſe can be given us; And whether it be not high time for us to ſtand upon our defence, which nature teacheth every man to provide for, and this Kingdom (unleſſe it be very unnatural, and very unmindfull of it ſelf) cannot but afford to them, whom it hath intruſted, and by whom it is repreſented; and if the Major part of both Houſes, may ſit free from force, we doubt not, but that they will not only make it good, that they have done themſelves and the whole Kingdom right in their De…larations, and offered no wrong, nor done any prejudice at all to his Majestie, but alſo be very ſenſible of the great indignity offered to the repreſentative body of this whole Kingdom, by the contrivers of the Kings anſwer, and will make ſuch perſons (that delight to foul their own neſts, and to cast dirt in the face of the Kingdom) inſtances of their exemplary juſtice, ſo ſoon as they ſhall be diſcovered, and brand both them and their doctrin with the marks of their perpetual ſcorn and indignation. And for a taſt of their horrid doctrine, theſe Particulars are mentioned from the Declaration, that Remonstrance anſwers, viz. sP. 729.That his Majeſtie, or any other Perſon, may upon ſuggeſtions and pretences of Treaſon, Felony, or breach of the peace, take the Members of Parliament, out of either Houſe of Parliament, without giving ſatisfaction to the Houſe whereof they are Members, of the ground of ſuch ſuggestion or accuſation, and without and againſt their conſent, ſo they may diſmember a Parliament when they pleaſe, and make it what they will, when they will.
That the Repreſentative body of the whole Kingdom, is a faction of Malignant, Sciſmatical and Ambitious Perſons, whoſe deſign is and alwaies hath been, to alter the whole frame of Government, both of Church and State, and to ſubject both King and people to their own lawleſſe arbitrary power and Government, and that they deſign the ruine of his Majeſties perſon, and of Monarchy it ſelf, and conſequently that they are Traytors, and all the Kingdom with them (for their Act is the Act of the whole Kingdom) and whether their puniſhment and ruine may not alſo involve the whole Kingdom in concluſion, and reduce it into the condition of a Conquered Nation; no man can tell, but experience ſheweth us, that ſucceſſe often draws men not only beyond their profeſſions, but alſo many times beyond their intentions.
Likewiſe in the tExact Collection, p. 736.Declaration of both Houſes, dated Novemb. 7. 1642. for the encouragement of the Apprentices, to liſt themſelves under the Earl of Warwick, the cauſe is declared to be, for the defence of Religion, and liberty of the Kingdom, his Majesties royal Perſon, the Parliament, and the City of London.
In the uIbid p. 802.Declaration of the Lords and Commons of the 17th. of December, 1642. The Parliaments Army is ſaid to be raiſed for the neceſſary defence of the true Proteſtant Religion, the King, Parliament and Kingdom.
And in the xIbid. p. 823.Declaration of both Houſes concerning a Treaty of peace made by Cheſhire alone, it is held forth, That they ought not to withdraw themſelves from the common cauſe, but to joyn with the Parliament in the defence of the Religion, and liberty of the whole Kingdom, and with them to labour by all good means to procure a general peace and protection from the King for all his Subjects, according to their general Proteſtation. In like manner in the yIbid. p. 325.Declaration of the 7th. of January 1642. for a ſubſcription of mony and plate for ſupply of the Army, the cauſe of the war is expreſſed to be, for the preſervation of Religion, as well as the juſt and undoubted power and privilege of Parliament, our Laws and Liberties from most apparent deſtruction.
And in the zIbid. p. 907.preamble to the Propoſitions of both Houſes tendred to his Majeſty, Fe…r. 1. 1642. they ſay, That they took up Arms for the defence of our Religion, laws, liberties, privileges of Parliament, and for the ſitting of the Parliament in ſafety.
Likewiſe in the firſtaExact Collection, p. 932. & Appendix, p. 4. Ordinances for a general weekly Aſſeſment, wherein the whole Kingdom was to be ſatiſfied, That they might freely pay their mony, the ſame cauſe is held forth.
ThebA Collection of Orders and Ordinances of Parliament in fol. p. 807, 816, 890. Aſſociations alſo of the ſeveral Counties of the Kingdom were ſetled for the ſame cauſe.
In the year 1643.cA Collection, &c. p. 422, 424. The Solemn League and Covenant was taken by all Members of Parliament, and throughout the Kingdom, in maintenance of the ſame cauſe, as appears by the Covenant, and the Exhortation to the taking of the ſame.
The Kingdom of Scotland engaged with us in the ſame cauſe. And alldA Collect. p. 496. E. Eſſex title. Commiſſions to the Generals and Army-Officers were in the name of King and Parliament.
And when a new Army was raiſed of 20000. men under the command of Sir Tho. Fairfax, byeIbid. p. 599. Ordinance of both Houſes dated the 13th. of Febr. 1644. it is held forth to be, for the defence of the King and Parliament, the true Proteſtant Religion, the laws and liberties of the Kingdom.
An Ordinance, dated 3. Aug. 1647. for raiſing of forces to be commanded by Sir William Waller, is for defence of the King, Kingdom, Parliament and City.
Laſtly, (to mention no more) towards the end of the war the Houſe of Commons alone publiſhed a memorable fIbid. p. 877, 878, 879.Declaration, dated the 17th. of April, 1646. called, A Declaration of their true Intentions concerning the antient Government of the Kingdom, and ſecuring the people against all arbitrary Government, &c. Wherein remembring the aſperſions caſt upon them in the beginning of the war, and that the ſame Spirits were ſtill working and miſ-repreſenting their intentions, and not ceaſing aſwell in print as otherwiſe, to beget a Belief, that they then deſired to exceed or ſwerve from their firſt ayms and principles in the undertaking of this war, and to recede from the Solemn League and Covenant, and Treaties between the two Kingdoms, and that they would prolong the troubles and diſtractions in order to alter the fundamental conſtitution and frame of this Kingdom, to leave all Government in the Church looſe and un…etled, and our ſelves to exerciſe the ſame Arbitrary power over the Perſons and Eſtates of the Subjects▪ which this preſent Parliament hath thought fit to aboliſh, by taking away the Star-chamber, High Commiſsion▪ and other Arbitrary Courts, and the exorbitant power of the Council-Table; All which being ſeriouſly conſidered by them, and fore-ſeeing, that if credit were given to ſuch dangerous in…inuations and falſe ſurmiſe, the ſame would not only continue the then calamity, and involve us into new and unexpected imbroylments: but likewiſe inevitably endanger the happy iſſue and ſucceſs of their endeavours, which by Gods bleſsing they might otherwiſe hope for; they did declare in theſe words; We do declare, That our true and real intentions are, and our endeavours ſhall be, to ſettle Religion in the purity thereof, according to the Covenant, to maintain the antient and fundamental Government of this Kingdom, to preſerve the right and liberty of the Subject, to lay hold of the firſt opportunity of procuring a ſafe and well-grounded peace in the three Kingdoms, and to keep a good underſtanding between the two Kingdoms of England and Scotland, according to the grounds expreſſed in the Solemn League and Covenant, and Treaties, which we deſire may be inviolably obſerved on both parts.
And leſt theſe Generals ſhould not give a ſufficient ſatisfaction, they thought fit, to the end men might be no longer abuſed in a misbelief in their intentions, or a miſ-underſtanding of their Actions, to make further inlargement upon the particulars, moſt worthy a diligent peru…al and conſideration. Amongſt which they have this obſervable paſſage, viz. And whereas a ſafe and good peace is the right end of a juſt war, there is nothing we have more earneſtly deſired, nor more conſtantly laboured after, and to that purpoſe both Houſes of Parliament have framed ſeveral Propoſitions to be ſent to the King; wherein We are ſo far from altering the fundamental Conſtitution and Government of this Kingdom, by King, Lords and Commons, that we have only deſired, that with the conſent of the King ſuch Powers may be ſettled in the two Houſes, without which we can have no aſſurance, but that the like or greater miſchiefs than theſe, which God hath hitherto delivered us from, may break out again, and ingage us in a ſecond and more deſtructive war. Whereby it plainly appears, our intentions are not to change the antient frame of Government within this Kingdom, but to obtain the end of the primitive inſtitution of all Government, the ſafety and weal of the people.
And then that Declaration concludes thus, And for the Covenant, we have been and ever ſhall be very carefull to ob…erve the ſame, that as nothing hath been done, ſo nothing ſhall be done by us repugnant to the true meaning and intention thereof, nor will we depart from thoſe grounds and principles upon which it was framed and founded.
This Decl. was then indeed of that moment, to quiet the Jealouſies, and ſettle the Diſtempers of the Kingdom, gIbid. P. 877▪that 4000 of them were ordered to be printed for the uſe of the Parliament. And the Knights and Burgeſſes ordered, to take care for the ſpeedy ſending down and publiſhing them in the reſpective Counties and places for which they …erved. And by ſpecial order of the Houſe, Sir Arthur Haſ…erig, Sir John Eveling, and two others, were to take care that the printed Declarations were publiſhed, ſet up, and …xed in every Pariſh-Church by the Church-wardens, or other Officers of the ſaid Pariſh, which they were by the ſaid Order required and enjoyned to …ee publiſhed, ſet up a…d fixed in the ſaid Pariſh-Church accordingly. Way being thus made to the Narrative and Treaty, we proceed.
The two Houſes of Parliament, having thus for the ſpace of ſix years or thereabouts, been ingaged in a war, for the defence and maintenance of the Protestant Religion, the Kings perſon, honour and Estate, and his Royal Posterity, the power and Privileges of Parliament, and the Laws and Liberties of the Kingdom, as appears by all their ſaid Declarations, Orders, Ordinances and publick writings, in the proſecution wherof, they did alſo declare,*Exact Collection, p. 491, 492. 498, 508, 567, 570, 574, 617, 631, 636, to 677. 812, 813, 814, 816, 826, 827, 832. 834, 890, 891, 898▪ 902, to 920. That there was a deſign carried on by the forces levied againſt the Parliament, to alter our religion, and the antient frame and conſtitution of the Government, both in Church and State, and the laws and liberties of the Kingdom, and to introduce Popery and Idolatry, together with an Arbitrary form of Government. And having in the heat of the war, ſent Propoſitions ſeveral times, and entred into divers Treaties with his late Majeſty, for a ſafe and well-grounded peace, which had not the deſired effect; at the cloze of the war, finding the diſtempers of the Kingdom continued, though all adverſe Armies and Garriſons were reduced, and well remembring, that in the begining of the war, they had called God to witneſſe, that the ſafety of the Kingdom and peace of the people was their only aime; They did in July 1648. reſolve upon a perſonal Treaty with the King, the general deſires of the City of London, and the reſt of the people concurring therewith. And in purſuance thereof, the Commons aſſembled in Parliament, that they might have a full Houſe, publiſhed the following Declaration.