A declaration of the officers and armies, illegall, injurious, proceedings and practises against the XI. impeached members: (not to be parallel'd in any age) and tending to the utter subversion of free Parliaments, rights, priviledges, freedome, and all common justice. And to introduce a meer arbitrary power in the very highest court of iustice.

A declaration of the officers and armies, illegall, injurious, proceedings and practises against the XI. impeached members: (not to be parallel'd in any age) and tending to the utter subversion of free Parliaments, rights, priviledges, freedome, and all common justice. And to introduce a meer arbitrary power in the very highest court of iustice.

Table of contents

Title page

A Declaration of the Officers and Armies illegal, iniurious proceedings and practices against the XI. impeached Members, (not to be paralel'd in any age) tending to the utter subvertion of Parliaments Rights, and all Common Justice, &c.

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A Declaration of the Officers and Armies illegal, iniurious proceedings and practices against the XI. impeached Members, (not to be paralel'd in any age) tending to the utter subvertion of Parliaments Rights, and all Common Justice, &c.

IT is related by many of our Hall, Hollinshead, Stow Speed, Anno 32 H. 8. Dr Saunders, Sir Edward Cook 4 Instit. p. 37, 38, 39. Historians, That Thomas CROMVVEL (newly created Earl of Essex) suffered death and lost his head, being attainted of High Treason in Parliament, and never called legally to his Answer, by a Law which he himself had procured; to suspend from and attaint others in Parliament, upon meer general accusations, without particular proofs and before any answer given; which illegal arbitrary new invention of his (to prejudice other Members,) proved another Perillus Bull to himself, he being the first man that suffered by it, upon a meer general Charge of Heresie and Treason: This perillous president as it should admonish some of his name, and all other Officers, Members in the Army or Houses, to beware how they give the least way to any such arbitrary unjust general Charges, Suspensions, Proceedings against any man, especially persons or Members of eminency and power; it being a memorable Maxime of a most learned Sir Edw. Cook 4 Instit. p, 37. Judg and experienced Parliament-man in his Treatise concerning The High Court of Parliament, (lately printed by the Houses special Order) That the more high and absolute the Jurisdiction of this Court is, the more just and honorable it ought to be in the proceeding, and to give example of Justice to inferiour Courts; (uttered upon the occasion of the Lord Cromwels attainder, and the irregular proceedings therein, which he desired to be buried in perpetual oblivion:) So it may serve as a most apt Paralel to demonstrate to all the world the illegallity and arbitrariness of the Officers and Armies present Charge and Proceedings against the XI. accused Members, wherein Lieutenant General Cromwel (as is evident by sundry printed Papers and Letters) hath none of the least (and some say the grea [...]est) hand; whom this president should specially dis-engage from such a prosecution, the unjustness whereof will appear to all men by these particulars.

[Page] 1. By the generallity and incertainty of the Accusers; the Charge against them being presented in the name of the whole Army, without the hands of any particular persons to it, who wil undertake at their perils to make it good, or else to give the accused Members and House due reparations if they fail to do it: contrary to the Ashes Tables Title Appeals and Approver Rastal, Tit. Accusation, 23. E. 1. c, 13. Common and Statute Law of the Land.

2. By the 1 Cor. 14. 8. 25. H 8 c. 14. 25. E. 3. Stat. 3 c 9. Co. 4. rep. 40. uncertainty and generallity of the Charge it self, in meer general and ambiguous terms; to which the parties accused can give no answer, nor make any defence: and thereupon voted insufficient by the House 25. Junii: to charge or suspend them by the Law of the Land.

3. By the multitude and quality of the parties impeached; no less then XI. Members at once, all men of approved integrity, fidelity and abilities, who have acted and suffered much for the Parliaments and peoples liberties: Mr Denzel Holles, the first of them, was long imprisoned in the Tower by the King for his faithfulness and activity in the Parliament, 3. Caroli: for which good service, some of his Accusers & the whole House of Commons lately voted him, a large recompence, (against those who wronged him) as a person of eminent desert: Besides, he was one of the fiv [...] [...]mbers impeached, demanded by the King, and justified by the whole House, for his faithful service to his Country, soon after the beginning of this Parliament; yea, his and his Regiments valor and gaslantry were the principal instruments under God (of all the Foot) that gained the field at Edg-hil battel; and after that made good Brainford, against the Kings whole Army, and thereby preserved the Artillery, Magazine and City it self (at that time) from surprizal: Since which he hath been imployed in Committees, Treaties and affairs of greatest trust, which he hath managed with great fidelity and applause: and yet now must be blasted with a The main Particulars now charged against him have bin fully examined and he cleared of them by the House long since. scandalous and illegal general Charge. Sir Philip Stapletons gallantry in the field in all the Battels fought by the Earl of Essex, with his good services in the House, in Scotland, at the Committees of safety, and both Kingdoms, are sufficiently known to all men: y [...]t now they must be rewarded with a malicious Impeachment. Sir William Wallers gallant exploits in Sussex, Wales, and the Western parts with an inconsiderable force, for which he was highly honored, and his diligence in the House and highest Committees, to do his Country service, must now be all ecclipsed with an uncertain defamatory Impeachment, because he would not be hired to turn Independent: It is very well known to all the [Page] Kingdom, that Major General Masseys valorous defence of Glocester against the Kings whole Army, after the cowardly surrender of Bristol to Prince Rupert by an Independent, was the principal means of saving the Parliament, City, Kingdom from utter ruine and conquest by the Cavaliers: yet he must be now impeached and suspended the House by the power of an Army, when the Independent condemned to lose his head for high Treason against the Realm in surrendring Bristol (to the lofs of all the West and Kingdoms hazard) must be continued in the House, as an untainted Member fit to be these Members Judge. Mr Walter Long's Imprisonment and sufferings for the priviledges of Parliament in 3o Caroll, for which he was lately voted reparations, and his diligence in the House, are known to most. Sir Who hath long since given a most exact Account for Portsmouth certified by the Committee of Accounts and allowed by the House and yet is charged for not accounting. William Lewis, Sir John Clotworthy's, and Mr Nichols respective abilities and services in the field, House, Army, Ireland: Mr Recorders activity in the House and City for the publick safety: and Colonel Edward Harley's service in this very Army, and under Sir William Waller, plead stronger for their Innocency, then the Armies Charge for their Guilt: and yet they must now be aspersed and suspended the House, before particular proofs of any guilt, and Mr Nichols election (above 6. years since] ordered to be reported for want of other matter, to turn him out of the House. And Sir John Maynard, only for opposing the Fenne proiect wherein L. G. O. C. is so deeply ingaged, must be added to the number and suspended. These XI. must be all impeached, suspended without cause, at once, only to This is confessed in divers late printed Papers to be the Plot and real cause of their accusation. weaken the Presbyterian party, that so the Independents might over-vote them (as they have done since at pleasure) when as the King himself was so modest as to impeach but five Commoners at once, to strengthen his party, or else the Army wil not be satisfied but march up hither.

4. By their violence to have them suspended the House before any real particular Charge or proofs produced against them; threatning by their Remonstrance of June 23. in case the House would not suspend them (against all Law and Iustice upon their illegal impeachment) that they should be enforced to take such courses extraordinary (for their suspention and apprehention, if not assassination) as God (who certainly wil give them no directions in such an unjust prosecution but only to repent of it) should enable and direct them unto, wherein they far exceeded the Kings proceedings against the 5. Members; who in five days after retracted An exact Collection p. 35. to 55. all his Charge and proceedings against them, and never prosecuted [Page] their suspention from the House, which the Army press and reiterate again and again.

5. By their unjust and unreafonable demands after the House had Voted; June 25. That it did not appear that any thing had been This Vote acquits them from most of the paticulars in their Cod [...]ge done or said by them in the Hous, touching any matters contained in the Papers sent from the Army, for which they could in justice suspend them. And that by the Law of the Land, no judgment could be given for their suspention upon those Papers, before particulars produced and proofs made: in their Manifesto from Ʋxbridg, June 27. wherein they not only slight and tacitly censure these Votes as unjust, and contrary to presidents; but likewise most injuriously and unreasonably press: the delaying of the particular Charge and proofs to be brought in against them; til the greater and more general matters of the Kingdom proposed by them, be first considered of and setled: and that in the mean time, these Members (who in modesty only, and to give them some fatisfaction in their unreasonable demands desired leave from the House to withdraw themselves for a time) may by the wifedom and justice of the House be excladed and suspended from entring into it again (in case they forbear not of their own accord) til the general affairs of the Kingdom be setled (from the honor whereof they would totally exclude their presence and Votes contrary to all reason and equity, after their general Charge Voted to be insufficient for their suspention) and til the matters concerning them be heard and determined, when the House shal judg it more seasonable and safe then now. A meer equivocating shift ard New found divice, which all honest, just, conscientious persons must detest and protest against, and more especially the Countres and Burroughs for which those worthy Members serve (who ought unanimously to Petition the House therein, as an oppugaing of the Rights of Parliament, and great injury to them, by whose choyce they were presented to the House, as the County of An exact Collection p. 50. Buckingham did the King, in the case of M. Hamp [...]en) to deprive t e House and Kingdom of the benefit of their faithful Votes and advise, without and before any legal Charge or proof produced; and to [...]a [...]s sentence against them as guilty, before any Charge of evidence, or bringing them to answer. A thing so un ust, unreasonable, and dishonorable for the Army, or then Officers to demand, or the Parliament to grant, that impudency and injustice itselfe would have blushed to have desired it in private, much [Page] more in print: and makes most men now conclude, that the Armies flourishes against arbitrary power, and unjust proceedings in the Houses, and for the advancement of publick Justice, are but meer Hypocritical pretences, actually contradicted by their most injurious, unreasonable demands, and arbitrary violent proceedings concerning the accused Members, destructive to the very foundation and freedom of Parliaments, and common Iustice.

6. By their apparant false suggestions wherewith they abuse both the accused Members and the House, which all just men and real Saints must utterly abominate: whereof take one instance insteed of many. In the Manifesto from Sir Thomas Fairfax and the Army; June 27. they suggest to the House; and declare to the world: That they had their particulars and proofs against the Accused Members, READY to produce and deliver in: whereupon the Members petitioned the House on Teusday, June 29. to appoint Sr. Thomas Fairfax and the Army a short and peremptory day to send in these particulars and proofs; that a speedy proceeding may be had thereupon, when they doubt not to make their innocency appear: The House upon this Petition ordered them, to bring in the particulars and proofs peremptorily on Friday following, being the 4. of July: at which time, neither particulars nor proofs were ready, or produced: but insteed of producing them, they crave longer time to exhibite and make them ready, though they pretended and printed them to be ready, before the Members petitioned; promising to bring in both their particulars and proofs on Tuesday next, at which time (in the afternoon) they brought in some particulars The Councel of War and Agitators in the Army may be charged with more particular and hainous crimes by the Members, and more dangerous compliances with the King & Malignant party, with drivi [...]g and abusing the Parliament, undue Elections &c. then these Members below expectation (of the most whereof the Hous had acquitted them by their Votes) without any names subscribed thereto, or proofs to make them good as was desired. Which dilatory & indirect proceedings, not tolerable in the case of any private person how mean soever, much less in the cause of so many eminent Members and the whole House of Commons: makes all ingenious and intelligent men beleeve, that the General and Army have no particulars of moment nor real proofs at all against them: and by these suggestions and delaies endeavour causlesly to exclude these Members from returning into the House, til they have obtained all their unjust demands, and accomplished all their hidden designs. A practise so destructive to the Liberties, Rights and freedom of Parliament, so injurious to these eminent, able, wel-deseruing Members, [Page] and the Counties, Burroughs, and whole Kingdom for which they serve: and crys for exemplary punishment against the chief Contrivers of it, and wil render their memories, persons no [...] execrable, and infamous to the present age & all future generation.

7. Their mercenary Prima pars. de comparatis comparandis; Eight Antiqueries. The Charge of the Army justified Judg Jinkins Apology, with others. Pamphleters (as Lilburne, Amon Wilber, Britunicus, and others) in their late seditious scurrilous Pamphlers, not only impeach and traduce by name many other Members of both Houses, preferring the Kings proceedings before the Parliaments, and extolling the Army for enlarging the king from his restraint; but likewise most grosly traduce the impeached Members, as guilty of most dangerous crimes and practises, notwithstanding the Houses acquital of them by their Votes; and the Armies inability to make good their Charge: (in whom Mr Saltmarsh writes in his printed Letter, There is a mighty Spirit raised up for Justice and Righteousness: we ADMIRE AT IT) as if it were a matter of admiration to find a spirit for Justice and Righteousness in any of their late proceedings.

We shal close up all with this passage concerning the accused Members, in a Declaration from Sir Tho: Fairfax and the Army, June 14. 1647. p. 7, 8. We humbly desire for the seiting and securing of our own and the Kingdoms common Right, Freedom peace, and safety: That the persons who have appeared to have abused the Army, &c. may be some way disabled from doing the like or worse to us: and for that purpose may not continue in the same power (especially as Our and the Kingdoms Judges in the highest trust) ☞ but may be made INCAPABLE THEREOF IN FƲTƲRE, &c. Nor would our Proposals of this singly he free FROM THE SCANDAL AND APPEARANCE OF FACTION OR DESIGNS, ONLY TO WEAKEN ONE PARTY (under the notion of uniust or oppressive) that we may ADVANCE ANOTHER, which may be imagined MORE OƲR OWN: Which their Proceedings since against these Members demonstrate to be a most real truth and the late general Votes concerning Members before any particular accusation or impeachment, (occasioned by their means and over-awing) by which they may cast out whom they please that shal or dare oppose their arbitrary and unjust actions; as they have arbitrarily and iniuriously displaced many gallant faithful commissioned Officers in the Army without proof or cause, and put other seditious turbulent persons of mean quality into their places to strengthen then faction, who at Amersham and elswhere turn Churches into Stables and Stables into Churches, and beray the Lords table itself▪ to shew what a Restoration they intend.

FINIS.

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[Page] [Page] A DECLARATION of the Officers and Armies, Illegall, injurious, proceedings and practises against the XI. impeached MEMBERS: (Not to be parallel'd in any age) and tending to the utter subversion of free PARLIAMENTS, Rights, Priviledges, Freedome, and all Common Justice. And to Introduce a meer Arbitrary Power in the very Highest Court of Iustice.

LUKE 11. 17. A house divided against a house, falleth.

LONDON, Printed in the Year, 1647.

Information about this book

Title statement

A declaration of the officers and armies, illegall, injurious, proceedings and practises against the XI. impeached members: (not to be parallel'd in any age) and tending to the utter subversion of free Parliaments, rights, priviledges, freedome, and all common justice. And to introduce a meer arbitrary power in the very highest court of iustice.

Prynne, William, 1600-1669.

Edition statement

1647

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2008-09 (EEBO-TCP Phase 1).

ID [DLPS]

A91171

ID [STC]

Wing P3938

ID [STC]

Thomason E397_8

ID [STC]

ESTC R201667

ID [EEBO-CITATION]

99862168

ID [PROQUEST]

99862168

ID [VID]

114319

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Early English books online.

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(EEBO-TCP ; phase 1, no. A91171)

Transcribed from: (Early English Books Online ; image set 114319)

Images scanned from microfilm: (Thomason Tracts ; 63:E397[8])

Source

— A declaration of the officers and armies, illegall, injurious, proceedings and practises against the XI. impeached members: (not to be parallel'd in any age) and tending to the utter subversion of free Parliaments, rights, priviledges, freedome, and all common justice. And to introduce a meer arbitrary power in the very highest court of iustice., Prynne, William, 1600-1669..

Extent

8 p.

[s.n.],. London, :: Printed in the year, 1647.. (Attributed to William Prynne by Wing.) (Annotation on Thomason copy: "July 8th".) (Reproduction of the original in the British Library.)

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