AN HUMBLF REMONSTRANCE FROM His Excel. Sir THOMAS FAIRFAX AND The Army under his Command concerning the present State of affairs in relation to themselves and the kingdom, with their desires and present Resolutions thereupon. Presented to the Commissioners at St. Albans, June 23. to be by them humbly presented to the PARLIAMENT. By the appointment of his Excel. Sir Thomas Fairfax and the counsel of war. Signed, John Rushworth Secr. LONDON, Printed for George Whittington at the blue Anchor in Cornhill near the royal Exchange. 1647. AN HUMBLE REMONSTRANCE FROM His Excel. Sir Thomas Fairfax and The Army under His Command: concerning the present estate of affairs in relation to themselves and the kingdom, with their Desires and present Resolutions thereupon. 1. OUR Desires as soldiers in behalf of ourselves and other soldiers that have faithfully served the Parliament in this kingdom, as also our remaining dissatisfactions in relation thereunto, may be clearly collected out of our several Papers that have formerly been presented to the Parliament concerning the same, to which particulars we have not yet received any further satisfaction. 2. In our last Representation it may appear what our Desires are, as Members of the Common wealth in behalf of ourselves and all others for the clearing, settling, and securing of the Rights, Liberties and Peace of the kingdom: for the justness, reasonableness, Necessity, and Common-concernment whereof unto all, we dare appeal to the whole kingdom, and to the World: yet we have hitherto received no answer thereunto, nor can we hear of any consideration taken thereupon, to put the things contained therein into any way of resolution or dispatch. 3. We have since, in pursuance of the first and second head of our desires in the said representation, delivered in a charge against divers persons, Members of the House of Commons, for divers designs and practices to the abuse and dishonour of the Parliament the unsufferable injury of the Army, the infringement of the Rights and Liberties both of soldiers and Subjects, the breach or hazard of the Peace of this kingdom, and the hindrance of the relief of Ireland &c. 4. Upon which though the main things charged, with the mischievous effects and further dangerous consequences of them, as also the constant and continued activity of all, or most of the persons charged in relation to those things, for the most part are sufficiently known, especially to the Parliament itself, yet we find neither any thing done upon what is so known, nor any way resolved on or admitted by the Parliament for the examination or discovery of what may be less known: But rather (as if neither the things charged nor the present sad effects nor future ill consequences thereof were at all considerable) the whole business seems to be slightly past over or set aside. Lastly we did with these deliver in another paper (whereof here is a copy annexed) containing divers just and necessary things which we did desire might be provided for, and done for the better proceeding in the premises with more safety to ourselves and the kingdom, and with more assurance or hopes of a timely and happy issue. To which things desired (which we suppose all men reasonable will think just and necessary) we have yet received no answer or resolution, nor can find any consideration at all had of them, save that a months pay is sent down to the Army, whilst those that have deserted the Army, receive at London much more, and that some Votes have been passed for the annulling the Committee pretended for safety about listing of men and drawing of Forces together, which Votes we find rendered but vain and delusive, by the continued underhand practices of those whom we have charged and their accomplices in listing and engaging men for a new war, and by a later days Votes not admitting that the Forces so listed or engaged should by public Order be dismissed or discharged: which with other things we cannot but attribute chiefly to the prevalent influence of the same persons. Now whereas we find that our first desire in the Paper last mentioned (for present suspending the persons Impeached from sitting in the House) is judged by some to be against the course & privilege of Parliament, or of ill consequence in the precedent of it, (the charge being but general and no particular proofs as yet produced to render the proceedings legal) we cannot but remind the Parliament. First, That as the most and main things charged (with the sad effects and consequences of them) so the constant and continued activity, of all or most of the persons charged in relation thereunto, (in misinforming, deluding, abusing or surprising the House, and otherwise, are sufficiently known to the Parliament itself,) so as the House might upon their own past and present cognizance of the same, most justly proceed to suspend them,) as (in many other cases upon far less occasions which never could have produced such sad effects to the kingdom,) they have done many other of their members merely for words spoken of things moved in the House alleged to be but against Order or custom of the House, and this without any trial, proof or charge, but merely upon the Houses own cognizance of the things, as we could instance in many cases since this Parliament began. Secondly, Whereas many of the things to which the Charge relates, are things spoken, moved or done in the House, so as yet we have no clear way opened particularly to charge or mention them, or to produce proofs to them, without some pretence against us of breach of privilege, and therefore (though we think no privilege ought to protect evil men in doing wrong to particulars, or mischief to the public yet,) we have been hitherto so tender of parliament-privileges, as that we have only remonstrated the evil of such things done, and supposing the House to have been (as we did, and do believe, and if way were open, without breach of privilege, should not doubt to prove it was) some ways misinformed, deluded, surprised, or otherwise abused in these things by evil members, we have frequently in former papers, (before the Charge) put the Parliament upon it, (who without colour of breach of privilege might do it,) to find out and discover who they were that had so abused them, and to disengage the Honour of Parliament from the evil practices and designs of such Incendiaries. Now since the same difficulties or prejudices lie yet in our way, (as to the particular charging or proof of such things against members.) And the Parliament (though so often put upon it in our former papers, yet through the powerful interest of the persons guilty,) hath not taken any cognizance what members or others have so abused them, to draw the Parliament to such dishonour and inconveniences, we cannot but again more fully and clearly assert (as we have in former papers, and shall more particularly if need be, remonstrate) that divers things lately done and passed from the Parliament against this Army, (as particularly the Order for suppressing the Petition, that high Declaration against it, and against all that should proceed in it, putting the faithful servants of the Parliament and kingdom out of the protection of the Law, and exposing them as enemies to the State, etc: to the forfeiture of Estates, Liberties, Life and all, but for going about in an humble, peaceable and inoffensive way, to desire what was undeniably, their due and dearly earned, and many other such like proceedings both against the Army, and others,) do carry with them such a face of injustice, oppression, arbitrariness and tyranny, as (we think) is not to be paralleled in any former proceedings of the most Arbitrary Courts against any private men, but have brought insufferable dishonour upon the Parliament, (which we are, and others ought to be deeply sensible of,) hath tended to disobliedge all men, especially soldiers from the same, to destroy all just freedom either of soldiers or Subjects, and hath conduced to all other the sad effects and worse consequences, expressed in the Charge, and gives us and others cause to conclude that those Worthies, who have formerly acted and carried on things in Parliament for Public-good, Right and freedom, are now awed or overborn by a prevailing party of men of other private interests crept in, and that neither we, nor any other can reasonably expect right freedom or safety (as private men or) to have things acted in Parliament for public good while the same persons continue there in the same power to abuse the name and authority of Parliament, to serve and prosecute their private interests and passions and (Under the privileges of Parliament) to shelter themselves under the worst of evils or mischiefs they can do, though to the ruin of the kingdom. We are in this case forced (to our great grief of heart) thus plainly to assert the present evil and mischief, together with the future worse consequences of the things lately done even in the Parliament itself, (which are too evident and visible to all.) And so (in their proper colours) to lay the same at the Parliaments doors, until the Parliament shall be pleased either of themselves to take notice and rid the Houses of those who have any way misinformed, deluded, surprised, or otherwise abused the Parliament to the passing such foul things there, or shall open to us and others some way how we may (regularly and without the scandal of breaking privileges come to charge and prosecute those particular persons, that (in truth) have so abused the Parliament, (as well as ourselves) even for those misinformations, and other evil and indirect practices or proceedings in Parliament, whereby they have so abused the same (as in our said Charge and former papers is set forth.) And here (if we may) we should humbly offer to consideration whether it were not a necassary expedient, for prevention or remedy of such evils in future, that in things so clearly destructive to the common Rights and Liberties of the people, and the safety of the kingdom, there should be a liberty for dissenting members in the house of Commons (as it is allowed in the house of peers) to enter their dissent, and thereby to acquit themselves from the guilt or blame of what evil may ensue, that so the kingdom may regularly come to know who they are that perform their trust faithfully, and who not. And this provision for the future, (as also our desires for remedy in the present cases) as it were clearly good and necessary in the respects premised, so (We think) the same may well be without future prejudice or discouragement in any other respects to succeeding Members of Parliament. Providing always that no man shall be questioned or censured for any thing said or done in Parliament any further than to exclusion from that trust, which is all that in the present case we should desire upon any such grounds. And that future liberty of entering dissents we do not here propose as a thing we any way insist on to the prejudice of Parliament privileges, we only offer it to consideration, and that from good wishes to the privileges of Parliament, to render them more lasting by being less nocent. And indeed whoever most adores or tenders those privileges, will best express his zeal towards them in taking care they be not abused or extended to private wrong or public mischief. (For we clearly find & all wise men may see it) that Parliament privileges, as well as royal-prerogative, may be perverted and abused to the destruction of those greater ends for whose protection and preservation they were admitted or intended (viz. the Rights and Liberties of the people and safety of the whole) and in case they be so, the abuse, evil, or danger of them is no jesse to be contended against, and a remedy thereof no less to be endeavoured, then of the other. And whereas the injustice (in that particular of the Declaration against the Army for their just and innocent Petition) may seem to have been recompensed in the late expunging thereof out of the journal books. We confess it had been so in great measure, as to the particular or present injury done to the Army therein, & (we cannot but acknowledge therefore the Justice that lies in those Votes for expunging thereof, and for our own or the arms particular reparation, we should neither wish more, nor scarce have insisted on so much to any dishonour of Parliaments in future, & we should rather have been satisfied with the Parliaments declaring how, and by whom they have been misinformed, surprised, or otherwise abused in the framing, proposal or passing thereof as it was, but as to that particular, or any other of that nature, we say as followeth. 1. We never did nor do value or regard our own injury or reparation in any comparison to the consequence of the one, to the prejudice of the other, or to the future security of common right & freedom in this Nation. And accordingly we do not account any reparation considerable that extends but to ourselves in the present case, and does not in some sort secure ourselves, and all others from danger of the same or worse injuries or oppressions, (as private men from the wills and passions of the same persons that have offered and acted such things against us while an Army. 2. We cannot but imagine and consider (according to general report) how the expunging of that Declaration was carried and obtained and upon what grounds and intentions it was given way to, but had those that procured it been all for expunging it (and that freely) yet how can we expect better but that the same men who at one time carried such a Declaration, and another time expunged it, may the next day obtain the like or worse (upon any occasion wherein it may serve their private ends or interests) if they continue in the same power and sway and be let pass in deluding and surprising the Parliament as they have done in the past particulars. 3. The apparent dishonour and prejudice brought upon the Parliament, in having such a Declaration so passed as they should soon after (without any alteration) in the pretended ground of it find cause (for shame of the world) to expunge, (we think) should engage those Members that love Parliaments, in point of honour, to find out and discover, how, and by whom the Parliament had been abused or therwise brought into such an inconveniency. And the Parliament may in this see the temper (as bystanders do the prevalence) of those Members that abused the Parliament in that Declaration, who will and can make the Authority of Parliament still lie under the dishonour of it (in a bare expunging or retracting) rather then to admit any consideration to acquit the authority of Parliament that would tend to fix the blame on those particular Members that had deserted it. And this certainly will be admitted and done rather than to slight it over in a bare expunging, were not some men more tender of, and more swayed with such considerations and consequences as may tend to the prejudice of persons, than such as tend to the general prejudice and dishonour of Parliaments. As to these particulars included in our charge which depend on things done without the Parliament we are ready and should most willingly proceed in the particular charging, and proving thereof if (first from the Justice of the House in a present proceeding against the persons charged for those things that are already known to the house being done in it) we could find encouragement to expect any good issue upon those other things, and did we not (on the contrary) find that (notwithstanding what is so known to the House as before expressed) the same persons continue in such power & prevalence both in the House and in all Committees of the highest trust as leaves little hope of right or satisfaction to the Army or kingdom in other things and much less in any just proceeding against themselves while they continue Judges of their own and our concernments, so as we cannot, while they remain in the same power, expect any other but a continued perverting and making advantage of all things (and especially of those delays which a regular proceeding against them would necessarily induce) altogether to our own and the kingdom's prejudice and danger disable or weaken us for those things which the safety and settling of the Rights, Liberties, and Peace of the kingdom requires: And to strengthen themselves by underhand practices and preparations both at home and abroad the better to oppose us and engage the Kingdom in a new War, thereby to accomplish their designs, or at least to save themselves from Justice in a common confusion: We say were it not for these and such other considerations, that leave little hopes of Justice to ourselves or the kingdom (while they continue in the same power) and render all delays dangerous and destructive to ourselves and peace of the kingdom, we should be contented that the business concerning the Members we have charged should be laid aside till those other things were first settled, which our Declaration does propound for the common rights and liberties of the kingdom. But finding things still so carried as they are & as we have before expressed & 〈◊〉 while they are Judges in their own causes they (with that party which they make) will do what they please, and yet render it 〈◊〉 brea●h of privilege to be a cused for it, we cannot but upon all these consi●●rations and for all the reasons before expressed insist upon it that the numbers charged may first be forth with suspended from sitting in the House otherwise we cannot expect any fair proceedings 〈◊〉 them upon 〈◊〉 more particular charge nor think there is any good 〈◊〉 to ourselves or the kingdom, As 〈…〉 having the Army presently paid up equally with those that have 〈◊〉 〈◊〉 we appeal to all men for the Justice, reasonableness, and necessity thereof. The Justice in that the former service (for which these arrears are due) hath been (at least) as faithfully and diligently performed by the Army as by those late deserters of it and in our present posture (though they have appeared indeed more officious and serviceable to the interest and will of particular men than we, yet we are sure) the Army is and (we hope) will at last appear to be more faithful to the true interest of Parliament, and the kingdom (which we were at first called out and engaged for) than they in deserting the Army have hitherto appeared. For the reasonableness of our desires though we have ground to claim more than they, or rather that they or some of them should forfeit their Arrears, yet we ask (for present) but equal nor should we (at present) insist much on that (as to Officers) if our soldiers were but first paid up. Our necessity to insist on that, is obvious to every man, and therefore (unless we should betray our own and the kingdom's cause) we cannot but positively insist upon it, that the Army should forth with be paid up (at the least) equally to those desertors of it which if denied or delayed, we shall be thereby enforced upon present ways of iustant remedy and right-to the Army therein. And whereas the Parliament hath lately ordered and publicly declared that all that shall desert the Army shall have present satisfaction in their arrears (the Officers three months pay, the soldiers all their arrears deducting for free quarter) which still continues unrecalled, we cannot but look upon it as a most clear evidence of the continuing malice and prevalence of ours and the kingdom's Enemies. And we must and do insist upon it, that that order or Declaration may forthwith be publicly recalled, otherwise we cannot believe that any thing but ruin and destruction is designed to ourselves and all others in the kingdom, who everywhere call upon us, not to disband till we see the Rights, Liberties, and peace of the kingdom settled according to the many Declarations by which we were first called forth, and invited to engage in the late War. Next we cannot but take notice that (instead of granting or Answering our desires in the last paper) in order to the better and more safe proceeding to a composure and settlement of all things for the good and peace of the kingdom, and for prevention of a new War the Army being first commanded to forty miles' distance from London, his majesty's Person is demanded immediately to Richmond house within eight miles of London which (as we cannot but impute it) to the prevailing interest of the same enemies to our, and the kingdom's peace, so all men may easily discern (with us) how directly it tends (in pursuance of their former private design) upon the King ere he came from Holdenby to put his Majesty within the reach of those men's power who have under hand Listed about London already very considerable numbers both of horse and forth, and are daily listing and engaging more both there and in many parts of the kingdom to serve their designs: And therefore we appeal to all unengaged men whether we can in this give way to have the King put so far within those men's power without giving them the so long sought for advantage of his majesty's Person, whereby to embroil the kingdom in a new and bloody War, and to strengthen themselves in their mischievous designs, the better to uphold and establish their faction and intended domination, so that in this case we cannot but importune the Parliament (as they tender the peace and safety of the kingdom and the avoiding of Jealousies or worse inconveniency in the Army) that they would resume the consideration of that business concerning the Person of the King, and not propose any place for him nearer to London than they would have the Quarters of the Army to be. And whereas (by the procurement of the same persons, or others of their party) there hath been scandalous informations presented to the Houses, and industriously published in Print, importing, as if his Majesty were kept as a prisoner amongst us, and barbarously and uncivilly used, we cannot but declare that the same and all other suggestions of that sort, are most false and scandalous, and absolutely contrary, not only to our declared desires, but also to our principles, which are most clearly for a general right and just freedom to all men. And therefore upon this occasion we cannot but declare particularly, that we desire the same for the King, and others of his party (so far as can consist with common right or freedom) and with the security of the same for future) and we do further clearly profess, we do not see how there can be any peace to this kingdom, firm or lasting without a due consideration of, and provision for the Rights, Quiet, and Immunity of his majesty's royal Family, and his late partakers, and herein we think that tender and equitable dealing (as supposing their cases had been ours) and a spirit of common love and justice, diffusing itself, to the good and preservation of all, will make up the most glorious conquests over their hearts, (if God in mercy see it good) to make them, and the whole people of the Land, lasting friends. Now to draw to a conclusion: since we can yet obtain no satisfaction or answer to the things desired as before, but contrariwise find all things carried on by the prevailing interest of those our enemies, to the prejudice and danger of ourselves and the kingdom, since (notwithstanding some Votes of Parliament, against the late Orders of the Committee of Safety, for listing of Forces, and notwithstanding the earnest desires and endeavours of the City, concurrent with our own, to have the same prevented or remedied, yet the said Committee of Safety being continued still in the same power) we find that by the appointment or contrivance, and under the protection or countenance of the same persons whom we have charged, and their accomplices, there are still manifold practices underhand, to list and raise new Forces, and (notwithstanding the discovery thereof to the Parliament from the City, yet) the same persons have prevailed so far in the House, as not to admit the Question for dischargeing of them, but the same practices still continue, and with double diligence are enforced since: also divers forces (pretended to have engaged for Ireland) are by the same persons ordered to rendezvous about Worcester, there to lay the foundation of a new Army. And to that purpose their Emissaries and correspondents in all Counties, are busy and active to raise forces for them. And though for these things the actors of them have no present public authority, yet they have some way such countenance or assistance to be justified in Parliament, (if questioned for it) as that they have the confidence to act openly, since they have likewise their Emissaries or agents abroad in Scotland, France, and other Countries, very active to draw in foreign Forces for their assistance: since in the mean time, they are endeavouring by Spies, and secret agents in all our Quarters, to inveigle and invite the soldiers of this Army to desert their Officers and come to London, And for that purpose do improve the advantage of the Order or Declaration of Parliament aforementioned, for satisfaction of arrears to such as shall desert the Army. And we find they have the public purse so much at their disposal, as to make good that, and other their undertakings of that nature, and yet such as have so deserted the Army and received their Arrears, are not discharged or dispersed, but continued together in bodies, and under Command, in or near the City, (as in particular some of Sir Robert Py●s men, Coll. Greaves his Cap. Farmers and others still Quartered upon Kent) Since likewise they have their Agents, and Correspondents, labouring with the King to make contracts with him to draw his Majesty to engage, and declare for them, or at least to declare himself a prisoner amongst us, whereby to stir up and engage his party against us, since in all these respects we find all delatory ways (which they industriously devise) to be designed and made use of only to our disadvantage, weakening, and ruin, and the kingdom's prejudice, and to their own advantage, and strengthening in their designs, the better to prepare for a new war. And lastly, considering the multitudes of Reformadoes and other soldiers, swarming about the City (whom the persons we have charged and their accomplices, have at their beck, to bring up to Westminster when they please) and that by their frequent tumultuous confluences thither (besetting, and sometimes blocking up the Parliament doors threatening and offering violence to the persons of the most faithful Parliament men) the just freedom of Parliament seems to be taken away or at least for the present abrogated in so much that those Members who have served the kingdom hitherto with most faithfulness, diligence and integrity for the public good, many of them dare scarce come to the House; or (if they do) they come in fear and peril of their lives, and when they are there, are awed, discharged, or disabled from discharging their consciences, or doing their duties to the kingdom. Upon all these considerations, we are clearly convinced and satisfied, that both our duties and trust for the Parliament and Kingdom, calls upon us, and warrants us, and an imminent necessity (for our own and the kingdom's safety, and prevention of a new war) enforceth us to make or admit of no longer delays, but upon these foundations God hath given us with vigour and speed, to endeavour in some extraordinary way, the vindicating of Parliament freedom from tumultuous violence, the breaking of these designs and preparations that otherwise threaten a present imbroilement of the kingdom in more blood and war and a future perpetuable enslaving of it under faction and Tyranny. And so (if God see it good) to put the Parliament into a freedom and capacity (with his majesty's wished and hoped concurrence) to settle the rights, liberties, and peace of the kingdom. Upon all these grounds, and for all these ends premised, we shall be enforced to take such courses extraordinary, as God shall enable and direct us unto, to put things to a speedy issue, unless by Thursday night next we receive assurance and security to ourselves and the kingdom, for a more safe and hopeful proceeding in an ordinary way, by having those things granted, which in order thereunto we have before insisted on. And shall here for more brevity and clearness, repeat as followeth. 1 That the declaration, inviting men to desert the Army, and promising their Arrears in case they do so, may be recalled and annulled. 2 That the Army may be presently paid up equally to those that have deserted it. 3 That his majesties coming to Richmond may be suspended until affairs be 〈◊〉 settled and composed. And in the mean time no place may be appointed that may be any nearer to London than the Parliament will allow the Quarters of the Army to be. 4 That the Members charged may be forthwith suspended or sequestered the House. 5 That those that have deserted the Army, may be instantly discharged and dispersed and receive no more of their Arrears till the Army be first satisfied. 6 That both Parliament and City may be speedily and effectually freed from those multitudes of reformadoes and soldiers before mentioned that flock together about London by a speedy dispatch and discharging of them from the City. 7 That all such listings or raising of new forces or drawing together of any before mentioned and all preparations towards a new war may be effectually declared against and suppressed as also all invitations or endeavours to draw in foreign forces. 8 That the present perplexed affairs of the kingdom and those concerning the Army is also all the things desired in our late representation in behalf of the kingdom may be put into some speedy way of settlement, and composure. St. Albans, June 23. 1647. By the appointment of his Excellency Sir Thomas Fairfax, and the council of war. John Rushworth, Secretary. FINIS.