Neutrality condemned, by declaring the REASONS Why the Deputy-Lieutenants, entrusted by the Parliament for Cheshire, cannot agree to the Treaty of Pacification made by some of that County: At Bunbery, December, 23. 1642. And may serve to prevent the like in other Counties. AN agreement made for a pacification, and settling the peace of the said County. Reason. Agreements and pacifications amongst men, are not always the characters of a good cause, nor inseparably incident to good intentions, no more then external peace is an infallible mark of the truest Church; do we not find Abraham and Lot, Paul and Barnabas contending, and divisions 'twixt the nearest relations, occasioned even by the Prince and gospel of peace, when in the mean time we see Simeon and Levi, Fratres in malo, the Rulers taking council, Sanballat and Tobiah conspiring together, and the Jews unanimously crying out, Crucifige; and all against our Saviour and his living Temples: Peace therefore in itself is like riches, and other goods of Gods left hand, which are neither in themselves good nor bad, nor to be absolutely desired or refused, but are prout est utentis animus. Sic pacem Poscimus. omnes First pure, then peaceable. James 3.17. righteousness and Peace, Psal. 85.10. Poscimus. Words of Peace and Truth. Isa. 39.8. Love the Truth and Peace. Zach. 8.19. A peaceable life in all godliness. 1 Tim. 2.2. Sic pacem Pellimus. omnes By peace he shall destroy many. Dan. 8.25. The blood of war in peace. 1 King. 2.5. Pax hoins sine place Numinis. Therefore truth must give Law to peace, and heaven to earth, this being in grace as well as nature, subservient to the motions and directions of that: And though there will ever some be found, who by their malice and subtle insinuations, endeavour to intercept those celestial influences: yet what do they but alatrare lunam? For righteousness will still look down from heaven, Et peraget cursus surda Diana suos. But that Agreement especially is the furthest off from being the badge, either of a good cause or meaning, which aims at, and produceth a Neutrality: It is observable, that things of the Neuter Gender are without life; and where either side is for God, it argues small life in him, that is, at that time, neither hot nor could, neither for God nor baal; bats are Beasts when they are upon the earth, and Birds when in the air, but these men are altogether unresolved how to name themselves; in a time of Peace, they can be content, like the planet Mercury, ever to follow the motion of that star to which they are conjoined, but in dayes of trial this Proteus cannot hid himself under the variety of shapes, and therefore as much as a created power can do, he strives to annihilate his former being, and could be content to be an Hermophradite, or some Monster of men, but that even in these there is a prevailing form. Whilsts he lives he strives to turn things necessary to 〈◇〉, and 'twixt things diametrically opposed, to fancy, that there are 〈◇〉; he tacitly pleads for the Chimaera of Purgatory by his indifferency, more then all the Arguments of the Sorbonists, and therefore when he dies, there is some hope the Pope will Cannonize his soul for the good he hath done to the catholic Cause, in that wherein it hath most need of help, and that the Conclave will order that his body may remain like Mahomets tomb at Mecha, or like that of Erasmus, all in medio. It is Agreed. REASON. For whom is it so agreed? themselves onely that subscribed? themselves with the rest of the Commissioners and Deputy Lieutenants? the country? the neighbour Countries ready to embrace an Association? or the Parliament? If for themselves, their conclusions are but personal and oblige no further: if for themselves with the rest of the Commissioners and Deputy Liuetenants, where and when was that authority deligated from all or any of those absent to them that were present? or if so, by what power was it so deligated? Instruments of all sorts, animate, as well as inanimate, having either no motion, or to none effect, without the concurrence or impuision of their principal agent: if for the Country, where did they authorize them, especially that part of it inconsulted withall? Or when did the country give either an express or implicit consent, that these alone, either to that, or to any other purpose should be their body representative? If for the neighbour Counties, certainly without their privity, and if no privity, no obligation; for who can imagine them so stupid as to consent to that, which is utterly destructive to their designs, especially Manchester( which hath of late better merited that name, then it did by resisting( long since) the Danes) will, without the great mercy of GOD, by this means be exposed to the rapine and violence of her implacable Nimrods. If for the Parliament, their Commission, or some Order from thence will show it: but it is very probable that they had thence, neither any such Commission nor Order; for that. 1. None of their Members in that County were parties to this agreement. 2. The Parliament hath not used to tolerate any compounding with Delinquents, and men by public Vote excluded from them. 3. By the Declaration of both Houses, of the 4. of October last, they have declared their resolution against such a Neutrality, in the case of yorkshire, which had more colour in it, for that the Lord Fairefax( since made Lord general in the North of the Parliaments forces, under his excellency, the earl of Essex) and Master Bellasis, the two Knights for the Shire, were the main parties to that agreement. 4. The secret plot of this, was, to prevent the necessary Association of the neighbour Counties, which the promoters here of, knew to be in agitation, by virtue of the authority of both Houses, and if effected, would soon have defaced the glory of their Regiments. 5. This doth what in it lies to suspend the execution of the Ordinance of the Militia, and the raising of moneys upon the Propofitions, declared by both Houses to be according to Law, and very necessary at this time for the preservation of the peace and safety of the kingdom, and to be put in execution in that County. 6. Both the said Houses by their Declaration of the 4. of December last, have authorized divers persons to receive and collect moneys, plate, and horses from several persons within the City of London, for the securing and relieving of that County, against all power that is, or shall be raised therein, against the Parliament and proceedings thereof, upon which, several sums are already received. And 7. Commissions have been lately granted to Sir William Brereton, one of their Members, and to divers officers, subordinate to him, for their access to that County. These are so many judgements of the supreme Court of judicature, against this ungrounded and unjustifiable Neutrality. But by what means is it so agreed? The well-affected of this County to the proceedings of Parliament, being jealous of the safety of their Religion, laws and Liberties, and withall weary of their Taskmasters, resolved to get up and be doing, and to couch no longer like Issachar, betwixt their burdens; In number and strength they presently exceed their adversaries, which makes their opposers first fly for refuge to Chester, and being there, for policy, to the Bishops Palace, at the desire no doubt of the Popish party, who conceited that what came from thence was è Cathedra, and not capable of error or miscarriage. But this Sanadrim being there convened, at first conclude, that in regard the government of the City was not in a safe hand for their design, a new governor must be placed, paramount the Maior, with liberty onely reserved to him to carry his white staff, the Sword being to sleep a while behind the Ephod: and had not the Maior been both courageous and religious, doubtless there had been the revolution of that platonic year, wherein even the magisterial staff of that City was extorted from the hands of their chief Magistrate, and himself a while made subject to a Subject. But what thinks the Recorder( active also at this meeting) will by this means become of the City Charter? I believe his zeal to promote the design, and by that, himself, for the present made him become Obliviscor, or else they persuaded him, they could as easily procure a new Charter, as they could a Letter from his Majesty to declare his resolution of not sending Forces into that country. No sooner had the new governor taken possession of his place, but some of the people wondering to see another Sun in their Meridian, were afraid it might portend some fatality to their famous City, which their Recorder once told them was more ancient then the moon: Others more astronomical, inform them, itis but a Parelius, a Comet, which would soon vanish: but such as lived within the droppings of the Cathedrall, admired to see something appear which they had so long expected from the East, and they adore this rising Sun. The people being thus divided, occasion is given( for prevention of uproars) to call another counsel, at which there is a new apparition, Dux foemina facti, The Lady Cholmeley is the chief of the counsel, expecting perhaps, now the queens Standard and Army are approaching, by her activity, to merit a Commanders place abroad, as she hath a long time done at home: at last it is concluded, that all Forces should be called in, that could be procured to assist the Array, and then( until time had made them more able) a tender of peace should be made to some of the most moderate Gentlemen for the Militia, which after being done, produced these following Articles, under whose Olive branches, I fear by searching, will be found to lurk somewhat of dangerons consequence. ARTICLE 1. THat there be an absolute cessation of arms from henceforth within this County, and no arms to be taken up to offend one another, but by the consent of the King and both Houses of Parliament, unless it be to resist Forces brought into the County. REASON 1. This is to prescribe rules to them from whom you are to receive them; but suppose these unhappy differences 'twixt his Majesty and the Parliament do continue, it must be granted by the Neutralist( unless he be a sceptic in his opinion, as well as in his resolution) that this war is just on one side, and that himself is therein involved. What peace then is this? unnatural peace, whilst the body of the kingdom is in danger, so to provide for one member, as totally to neglect the rest, Menenius Agrippa will tell them, that whilst the members of the body conspired to famish the belly, they themselves suffered. Uncharitable peace, to look on, and not to afford your helping hand to stay the downfall of a tottering kingdom, which may be the sooner ruined by your security; how can the Pilate think to save his cabin, when the Ship is sinking; companions in peace, ought to be so in war, unless there be some just exemption, so much of the writ of Shipmoney being good Law, Quod omnes tangit, per omnes d●b●t supportari:( but by the consent of King, and both Houses of Parliament,) a flattering savant, as if so soon as King and both Houses agreed to command one act, there would not be an immediate cessation of all hostility. But it seems arms may still be taken up to resist Forces sent thither, if not sent from his Majesty and both Houses. unequal peace. The Parliament was sending down forces, to put their Ordinance of Militia in execution, and to settle the peace of that Connty, His Majesty hath sent for forces from thence to his winter garrison to oppose his Parliament, yet by this Article the one must be hindered from entering, but not the other from issuing forth. ARTICLE 2. That all but 200. of either side be disbanded to morrow, being Saturday, and upon monday all the rest upon both sides, both horse and foot. REASON 2. What needs so much hast? Are any of the family of the Hastings amongst you? that many thousands of the Parliaments forces must needs be as soon disbanded, as so many hundreds on the other side? Ought you not to have expected a moderate dissolution from the same Sun that did exhale you, rather then to have fallen away by sudden spouts, as the rain useth to do in the Indies? which if you had expected, certainly you had not gone up the hill, and so soon come down again, but had requited the great charges of your uniting, either by settling the Militia, suppressing the Commission of Array long since declared to be illegal by the highest Court, raising of Money, Plate, and Horses upon the Propositions, relieving of Manchester, which hath long since cried like those of Macedonia to Paul, Come over and help us, or at least would have stayed till you had given, and received some intelligence, to, and from the Parliament, or Sir William Brereton your worthy Patriot, of whom let it suffice to say, that though he hath not had the success of Fabius, by delay to do his country service, yet whoever well considers the manner of raising and maintaining his Troope, being much by his own charge and industry, and the difficulty of procuring moneys, ammunition, Officers, and Commissions, by one man alone, for he hath had none in Parliament to assist him therein, will conclude, his delay was not through his own default: Can this agreement then made without him, oblige him, or render his Commission invallid? that were to exercise a power paramount the Parliament, in whose name he comes. ARTICLE 3. That all prisoners on both sides be released, &c. REASON 3. Quo warranto? For both the Deputy Lieutenants, and Commissioners of Array imprison none, but by virtue, or colour of some authority derived unto them from King or Parliament, and then can they not( having no such power in their Commissions) discharge without Law those that are in custodia legis. ARTICLE 4. That the fortifications at Chester, Namptwich, Northwich, Stopford, Knutsford, or any other town, in Chestire, lately made by either party, be speedily demolished. REASON 4. This is still to advance the pretended unlimited power of the Commissioners of Array, and to suppress the advantages, the Parliament, and well affencted of the country might speedily have received, by the help of the Army, there lately on foot, and by their Garrisons, which were so considerable, that upon the sudden approach of Commanders, and Ammunition they might easily have settled that County, for the Parliament, have sent auxiliaries into Lancashire, which had been but Lex talionis, couped up the Eagle in his nest, and prevented his further resolutions. ARTICLE 5. That goods, and arms taken on both sides, be in specie forthwith restored, and for any other that are taken out of the County, it is promised on both parts, that since the benefit of this pacification redounds to the County, that they will use their utmost endeavours for a joint contribution of the County, towards the satisfaction of the owners. REASON 5. This Article would tacitly raise an imputation upon the Parliaments party in that County, at if they had pillaged and spoyled any there of their goods; When as Nulli nec equos, nulli rapuêre juvencas. But can the Commissioners of Array and their party boast herein? No, if they do, the disarming the Trained Bands, the late barbarous and inhuman plundering of Torperley, Utkington, Stapleford, & other adjacent places, even during, & since this Treaty by colonel Hastings, the earl Rivers, and especially the Lord Cholmleys troops, and the perfidious spoiling of Namptwich, heretofore by the Lord Grandison and his troops will give them the lye; though what was gotten there by breach of Covenant, proved to that Lord, but Equus Sejanus, or as the gold of Tholosse, when he lost that and more at Winchester; but because these goods are by that and other means, gone through so many hands, and cannot be restored in specie, an endeavour must be used, that the County may contribute towards the owners satisfaction, but what will follow upon that improbable contribution? The Commissioners of Array, being the Promoters of this Agreement, think thereby to endear themselves with all those who shall reap the benefit of that contribution, and by that means strengthen their Party and the County, against the Kings next coming towards Chester, whither it is conceived His Majesty hath animum revertendi, if he remove from Oxford, and then if desolation come, as in other Counties where hath been neutrality it hath done, thank yourselves. But upon what ground will this contribution be made? because this pacification is for the benefit of the County? I wish it may prove so, but 'tis not so, because itis so said; if my neighbours House burn, mine own will the sooner kindle by my security; the best way in that case to prevent the ruin of thine own, is to be active in quenching thy neighbours fire; and he is a sluggard indeed, that will choose rather to lie still upon his hard bed, then rise to have it made the softer; however, he is much mistaken that thinks he may like an Anchorite in his Cell abstract himself, from the public condition of the places and kingdoms wherein he lives. A man may not by the laws of man, as well as of God, do what he will with himself: He that voluntarily burns his own house, or cuts off his own arm may be punished for it, because the Common-wealth hath an interest in the persons and habitations of men. ARTICLE 6. That the Lords and Gentlemen Commissioners of Array, before the 8 day of january next, procure from His Majesty a Letter, thereby declaring, that in regard Peace is made in that County, he would sand no Forces into it, and if any other person shall contrary to the Declaration bring Forces into the County( passage for forces without doing any Hostile act onely excepted) the said Lords and Gentlemen, will join to resist them: and if any Forces, without the consent of the King, and both Houses of Parliament shall come into this County,( a Passage for forces without any Hostile act onely excepted) The said Gentlemen Deputy Licutenants will join to resist them, and use their utmost endeavours therein. REASON 6. This is all the profit the County seems to receive by these Articles, and this is in fieri too, not in facto, so that for an uncertain contingent benefit, perhaps never to be obtained, the Parliaments forces must be presently disbanded; And who can be induced easily to believe that His Majesty will issue forth such a Declaration. for the good of the Parliament Party, especially if himself shall be minded to return into Cheshire, when the Parliament themselves have so often received denials from His Majesty to their humble Petitions, and offers, to disband, so that His Majesty would he pleased to return to them with His royal not Martiall Guard. And if the King deny so to declare, then doth the consideration which moved the Parliaments Party here to disband, totally fail. But strange presumption! thus peremptorily to make stipulations to procure His majesty then unconsulted withall, to declare such an act in terminis, and before such a time: the Law and Parliament assume but a directive, no coactive power over sovereignty, and yet hitherto they are not able to reduce it to act; and yet it seems these presume of that power, that whether it be convenient for His Majesty or no, or whether His Majesty shall so please to apprehended it, yet it must be done, or else this Article and the rest, are but mere delusions, which is the rather to be supposed; but unless the King please so to declare. His majesty may bring in or sand thither what Forces he please, without consent of both Houses, but so cannot the Parliament by this Article, nor any of their adherents in their greatest extremity, no liberty of declaring being left to them. If Israel then should fly before the Egyptians, and Cheshire appear before them as a read Sea, and being bound up by this sophistry, could not without danger entertain them, otherwise then like vagabonds to give them a pass; what inhumanity were this! but this liberty of passage must needs be inferred, lest the Antiparliamentary forces in the North might otherwise be stopped from going this way towards his majesty, for forces without doing any hostile Act, may pass, though by the first Article, all forces brought into the County, were to be resisted, what is meant then by an Hostile act, is to bring Delinquents to justice an hostile Act if that have more violence in it then usual, Delinquents may thank themselves, whose slight argues their guilt, and have of late been of that slight and power, that they were not otherwise attachable, and then to deny the Parliament power to put their Orders in execution, is to abridge them of that which the meanest Court enjoys, by which means, in stead of being venerable, it would become of small esteem. ARTICLE 7. In regard that by the blessing of God, there is like to be peace in this County, if this agreement be observed; It is agreed that the Commissioners of Array, shall not further put the Commission of Array in execution, nor the Gentlemen nominated Deputy Lieutenants, the Ordinance for the Militia. REASON 7. Such a Peace as may be crwoned with the blessing of God, is not only hoped, but prayed for, but that will not be by monopolising Peace, or by giving it an untimely birth: a conclusion by such mediums is both illegal and unnatural: but if a lasting Peace were intended to be observed, what meant those butcherly proceedings of the Commissioners agents,( though by their own, especially the Lord Cholmleyes privity) at Torperley & the other places before mentioned, even during, and after the Treaty( he suffering most, that was most religious) and when restitution was demanded of some of the Commissioners according to the Articles, the remedy proved worse than the disease, before, they lost their goods, but when they complained, some scarce escaped with their lives, by the danger of their Battle-axes; so that now ( salva fide) the parties themselves to this agreement are at liberty, and after this Parenthesis of time may recontinue their former Resolutions. For the rest of the Article, the words run parallel, but not the matter: the Ordinance for the Militia being supported, not onely by the judgement and command of that Court from which there is no appeal, but also by the supreme law, viz. Salus populi, and the Commission of Array in the mean time is condemned by the one, as destructive to the other. ARTICLE 8. And lastly, All the said parties do agree and promise cach to other in the word of a Gentleman, and as they desire to prosper, that as well they themselves, as also their friends, tenants, and servants, and all others in whom they have any interest, shall as much as in them lye perform this agreement; and it is further desired, that all the said parties join in a Petition to his majesty, and both Houses of Parliament, for putting an end to the great distractions and miseries fallen upon the kingdom, by making a speedy Peace. And it is agreed that Sir Sir George Booth, and all others in the County, who have appeared, either as Commissioners of Array, or as Deputy Leintenants, by reason of the Ordinance of Parliament, shall with all convenient speed subscribe this Agreement. Robert Kilmorre. Orlando Bridgeman. William Marbury. Henry Mainwaring. REASON 8. The Gentlemen that did subscribe, are not so much blame-worthy, being men of temperate spirits, and questionless true lovers of their County, as those that did by importunate solicitations persuade them to it, Sic notus Ulisses? did their former advice for neutrality so advantage the County( the Kings forces being by that means invited thither) that it must prevail for the same purpose again? I wish that by this means the damage to the country may not be doubled, as their advice hath been. But admitting the Commissioners for the Array have for their parts hitherto observed this agreement, must not then the subscribers for the Militia observe it likewise, to keep both their honour and faith inviolable? for Sir George Booth and the rest refuse it. Their general Protestation to God, which I am sure they have taken, being inconsistent with the private pacts of men, renders these of no force, but looseth no power itself, nor lies it in the power of any created being, to perform a void agreement, as this must needs be, being repugnant to that public vow to God, and to the Parliamentary power expressed as well therein, as in all their aforementioned resolutions, And in such a Parliament certainly, called and continued according to Law, in case of the Kings voluntary desertion, and of the kingdoms safety, doth the supreme power reside, else policy should come short of nature in not fencing against that which would prove both dangerous and destructive to itself; nor is it breach of Covenant, or loss of Honour to retract that which is, either before the doing of it, contrary to the command of that great Assembly, or being done, is by them declared illegal: hath not the Lord Fairefaxe more eternised his name by his wisdom and valour, since his retracting the like subscription then ever before? Quod fecit consultò, consultiùs revocavit. But all must be salved by joining in a Petition for Peace. It is great pitty faire weather should ever do harm, or that Peace should be unseasonable, but take heed lest under the notion of Peace, importing a Neutrality, or by drawing Articles against the express Orders of Parliament, you draw you selves, and the rest of the country who have been for King and Parliament into a mysterious conspiracy against both: but if you will either make or Petition for Peace; let it be for God and your laws, and for King and Parliament, whom both have united, and since necessity and charity call for it, it is well hoped that the Subscribers, and many of the Commissioners in that County will join with the Parliaments party( as brethren, though fallen out use to do) against the common Adversary, which is now the army of Papists in divers parts of the kingdom, that in the North, having in the head of it the catholic Standard: such a Peace is blessed, and Beati pacifici, the Motto of such Peace-makers. EINIS. London Printed for Henry Overton, and are to be sold at his Shop in Popes-Head-Alley, December, 6. 1642.