without any Order of the Houses the Lords House being then adjourned during pleasure where the Generall was set in a Chaire of State and received speciall thanks for this service from the Speakers in both Houses names who made him Generalissimo of all the Forces and Forts of the Kingdome to dispose of them at his pleasure made him Constable of the Tower Voted the common Souldiers one moneths gratuity for this service besides their pay left all their Guards to his disposing and to mock God as well as men Voted a publike day of Thankesgiving to be kept both in the City and throughout the Kingdome for their restoring the Parliament to its Honour and Freedome in this forcible and dishonourable manner not to be patterned in any age After which the Generall and his whole Army marched through the City in greater triumph and State then ever William the Conquerour or any of his successors did takes possession of the Tower turnes out the honest Lievtenant there who royally entertained him without any cause assigned displaceth most Governours in other Forts and Garrisons though setled by Ordinance and speciall Votes of both Houses alters the Militia of the City sets up a new Militia in Westminster and Southwark divided from that of London contrary to severall Ordinances and the Articles of the Treaty causeth the Line and Works about the City to be demolished drives away most of the Members by menacing Declarations procures an Ordinance by meere force and violence to passe the Houses declaring all the Votes Orders and Ordinances of one or both Houses from the 26. of Iuly to the 6. of August to be null and void which the Commons had foure or five times laid aside and refused to passe upon the question and then by confederacy with the fugitive Members procured the Lord Mayor and divers Aldermen and Citizens of London who had shewed themselves most faithfull and active for the Parliament all these Wars and done more service for them then any in the Army to be impeached of High Treason and shut up Prisoners in the Tower procures the Recorder Sir Iohn Maynard and Commissary Copley without any legall hearing or examination to be suddenly thrust out of the House and some other Members to be suspended and all those questioned who fate or Voted in the Speakers absence and no lesse then seven Lords viz. Theoâ—hylus Earle of Lincolne Iames Earle of Suffolke Iames Earle of Middlesex George Lord Berkly Francis Lord Willoughby Iohn Lord Hunsdon and William Lord Maynard who had ever adhered to the Parliament to be impeached of High Treason sequestred the House and committed to the black Rod who sate and Voted in the House in the Speakers absence by colour of a speciall Order made before their departure that every Member of the Lords House should there attend upon pretext that they had levyed Warre against the King Parliament and Kingdome When as they acted nothing but in the House or at the Committee of Safety and the Militia by expresse Order and Authority of both Houses for the Parliaments and Cities just defence against a mutinous and rebellious Army then marching up hostilely against them contrary to both Houses Votes and Orders without any authority but their owne This is the true state of the case of the impeached Lords Commons and Citizens who have been eagerly prosecuted by the Army and their Confederates in the House when those Malignant Lords who levied actuall warre against King Parliament and Kingdome exempted from all pardon heretofore by votes and Ordinances of both Houses as Traitors and publike Enemies to the Kingdome are suffered to go unprosecuted yea pleaded for in the Houses and permitted to walk freely about the City and repaire to the King in the Armies Quarters while these faithfull Lords Members and Citizens are shut up prisoners and prosecuted day by day without any proof or guilt to make good the Charge The sole question then will be who are the reall Traytors and actuall endeavourers or raisers of a new Warre against the King Parliament and Kingdome in this case whether the impeached Lords Members and Citizens or the Army and their Confederates and fugitive Members who excited them to march up thus to London against both Houses and the City without any Authority from the King Parliament Kingdome and Contrary to both Houses expresse Orders Letters and Commands Certainely if indifferent disinterested Members and Persons may be Iudges or Umpires in this case or the consciences of the accusers themselves may be Judges those Lords Members and Citizens listing and raising forces onely for their owne just and necessary defence by expresse Ordinances Votes and Orders of both Houses of Parliament was so farre from being high Treason or levying of a new Warre in them that it was a just necessary and lawfull in them both by the Law of Nature Scripture the Statutes of the Realme the practice and resolutions of both Houses and of the Army it selfe in their defensive warres against the King and his assailing forces and a duty to which their Covenant and publike Trust ingaged them unto under the paine of Perjury and Treachery both to the King taken violently by a commanded party out of both Houses custody and detained prisoner from them in the Army against their Votes and Commands and to the Kingdome Parliament and City to whose preservation and defence they had so many Obligations against a mutinous and rebellious Army marching up thus hostilely against them without any just ground or Authority at all but the executing of their owne treasonable plots and designes both upon the King Kingdome Parliament and City as their subsequent proceedings manifest And every Thiefe may as justly accuse each honest man of Treaand levying a new Warre if he both but provide and weare a Sword or Pistoll to resist him when he comes to take his purse or breake open his house as the Army and their Confederates may those Lords Members and Citizens of Treason and levying a new Warre by this provision of Forces and Armes to defend themselves in case the Army should violently affault the Houses or the City in a rebellious and hostile manner without shedding one drop of blood or marching out of their Lines to fight with them though they gave them just occasion and therefore Sir Thomas Fairfax and the Army in their Remonstrance of August 18. 1647. p. 19. 20. confesse ingenuously That if those pretended Votes Orders and Ordinances whereby War was levyed against those Members of both Houses who fled to the Army were then good when as they were made and valid though they should now be repealed yet WE with the SPEAKERS and those Members aforesaid in opposing of them while they were of force must needs remaine Transgressors still and yet God and wee are thanked for it To avoid which dangerous worke they forced the Houses by a more horried force then that of the Apprentices and this menacing Treasonable Remonstrance to passe an
THE CASE Of the Impeached LORDS COMMONS AND CITIZENS Truely Stated PSAL. 75. 5 6. Commit thy way unto the Lord trust also in him and he shall bring it to passe And he shall bring forth thy Righteousnesse as the Light and thy judgement as the noon day ACTS 16. 35 36 37 38 39. And when it was day the Magistrates sent the Sergeants saying Let those men go And the Keeper of the prison told this saying unto Paul the Magistrates have sent to let you go now therefore depart and go in Peace But Paul said unto them they have beaten us openly uncondemned being Romans and have cast us into prison and now do they thrust us out privily nay verily but let them come themselves and fetch us out And the Sergeants told these words unto the Magistrates and they feared when they heard that they were Romans And they came and besought them and brought them out and desired them to depart out of the City The Case of the Impeached Lords Commons and Citizens truly stated THe Lords and Commons in Parliament in the moneths of March and April and May last taking into their serious Consideration the * absolute necessity of disbanding the greatest part of the Army after the total Reducement of the Kingdom for the present ease of the people from Taxes and Free-quarter and the speedier relief of Ireland then in danger to be irrecoverably lost did thereupon pass some Votes and Declarations for disbanding the Foot and some Regiments of Horse of the Army and sending them into Ireland under the Commands of two Major Generals Skippon and Massey and imployed Commissioners from both Houses to the Army for that purpose where they * engâ—ged many Officers and Souldiers for that expedition But by the under-hand practises of Leiutenant General Cromwel and his Confederate Officers and Agitators the relief of Ireland was not only obstructed but wholly frustrated and the Major part of the Army animated to enter into a solemn Engagement not to disband upon any terms till they had obtained satisfaction from both Houses to certain high Proposals and Demands which the Houses for quietness sake and Irelands better Accomodation though with some disparagement to their Honor and Power condescended unto But the concession of all their first Demands was so far from satisfying those restlesse Spirits who had other designs to carry on since visible to all men that they encouraged them to greater Insolencies and higher Demands then ever comprised in their * Letters Proposals Remonstranses and Manifestoes in Iune and Iuly following of purpose to pick new quarrels with the Houses and City too and to keep themselves in an intire body to carry on their dangeraus Plots against all opposition In pursuance whereof they first with a party of Horse commanded by Cornet Ioyce forcibly and traiterously * seized on the Kings own royal person at Holdenby upon false pretences and removed him thence into the Armies quarters contrary to his own and the Commissioners of both Houses Protestations refused to resign him up or dispose of his Person according to the Houses Votes removed the Guards appointed by both Houses from him put new Guards of their own upon him who excluded the Scots Commissioners from any access to his presence against the Law of Nations and Votes of both Houses and yet then granted free access for all Malignants to him and admitted Malignant Chaplains to attend him with the Book of Common prayer and all Episcopal Ceremonies which they so much decried heretofore as Anti-christian Neither rest they here but refusing to disband even after all their Arrears were promised to be payd or secured by the Houses they mutinously and rebelliously against the express Votes and Commands of both Houses and desires of the City march up in a warlike manner towards London threatning to force the Houses and plunder the City if they had adhered to them in case they granted not their unreasonable desires by the short time prefixed to them approaching within few miles of the City with their whole body seizing the Block-houses on the River by violence quartering their Forces round about it and sending their Warrants for provisions to Constables within the very lines of Communication Whereupon the Houses to provide for their own safety and the Cities if the Army should invade them by open force both Houses on the 11. of Iune by Ordinance appointed a Committee of Lords and Commons to joyn with the Militia of London to consult advise and put in execution all wayes and means which in their judgments might be necessary for the safety and defence of the Kingdom Parliament and City and to rayse horse and foot for that purpose c Of which Committee some of the afterwaâ—â—â— impeached Commons and now imprisoned and impeached Lords were Members which Committee after some few meetings in hope of a final pacification was discontinued and the Houses by the Armies dayly approaches enforced to repeal sundry of their just Votes Remanstrances and Ordinances to quiet their distempers After which condescention the Army did not only publikely censure them for it in pâ—int but likewise declare their dis-satisfaction by all the Houses had done or promised unless the Commons would presently purge their House from all Members disaffected to these their mutionous Practises and suspend no less then eleven of their Emmentest Presbyterian Members at once from sitting in the House before any particular proofs or impeachments against them upon a meer general and illegal Charge sent from St Albons then the head quarters Iune 14. Upon which though the House after full debate resolved Iune 25. That by the Laws of the Land no iudgment could be given for their suspention upon that general Charge before particulars produced and proofs made yet the Army threatned to march up to Westminster in case they were not removed from sitting or voting in the House Whereupon the Members voluntarily withdrew themselves and afterwards put in their Answers to the false and scandalous particular Articles the Army afterwards sent up against them of purpose to wound their Reputations without any intention to bring them to their Legal Tryals being never able to prove the least Title of those Articles of which the whole House and Kingdom know them to be guiltless Upon this their voluntary withdrawing though the Army and their Instruments took occasion to traduce them as guilty yet they began to draw their quarters and disperse themselves further off from London but with a Resolution to take the first occasion of returning thither before they were sent for the gaining of the City and Tower of London into their Custody and placing of their own Guards upon both Houses and mould them to their own pleasures being the main design of their first approaches towards it And no occasion of returning being given by the Houses or City who complyed with them in all their unreasonable desires they thereupon projected to make one unreasonable
Ordinance 20 August 1647 for declaring all votes Orders and Ordinances passed in one or both Houses since the force on both Houses July 26 untill the sixt of this present August to be null and void Of purpose to excuse themselves from this very guilt of High Treason in leying warre against the King Kingdome and Parliament which they would most injuriously fasten upon others who are innocent to evade their owne guiltinesse But neither God nor man will be long thus mocked or deluded by them and this present Age and all future Generations will conclude at last in despite of all opposite Powers and Evasions That the Generalls and Armies refusing to disband upon the Votes and Ordinances of both Houses seizing the King and rescuing him from the Commissioners of both Houses with an armed party marching up forcibly to London against the Houses expresse commands surprizing the Block-houses at Gravesend by force with the slaughter of some of the Garison there settled by the Houses falling violently upon Sir Robert Pyes men in their quarters and wounding some of them neer Greenwich where they were billetted by the Houses Order without any provocation impeaching and seizing on some Members of the Houses and carrying them Prisoners to the Head-quarters against their wills enforcing the Houses to null and repeal their owne just Votes and Ordinances recruiting the Army with many thousands of new Souldiers raising the Train-bands of the Countries marching up to London in a body seizing the Forts in Southwarke and Westminster coming in arms to the very Houses with the fugitive Speakers and Members putting a Guard of Horse and Foot of the Army upon both Houses threatning by force to keep divers Members out of the House and pull them out by head and shoulders if they presumed to intrude into them forcing away most of the Members from the Houses marching through the City in triumph throwing downe their lines and works seizing upon the Tower of London and the Isle of Wight beleagring the City and both Houses of Parliament of purpose to enforce them at their pleasure sending strange and treasonable Remonstrances and Papers to the Houses to passe contrary to their Votes and judgements and utterly ruining the Countrey with Taxes Free-quartering upon them against the Peoples wills and listing twice the number allowed by the Establishment when there is no apparent Enemy in the Kingdome nor Order of the House for such strange recruits their violent impeaching of these innocent Lords Members and Citizens and saying publikely in the Army and Houses That the longest sword must carry it and the Army will have this or that whether the Houses will or not and that we are all but their conquered Slaves and Vassalls and all we have is theirs having wonne it by the sword and the Speakers and Engaged Members Confederacy and Engagement to live and die with the Army in these their Treasonable proceedings is no lesse then High Treason in good earnest in them all and an actuall Levying of Warre against King Kingdome Parliament and City for which God and men will one day bring them to exemplary punishment if they unfainedly repent not of it and give some Honourable publike reparation to those Innocent Faithfull Lords Members and Citizens they have most falsly and injuriously impeached and imprisoned for those very Treasons and practises of which themselves are only culpable This being the true state of the impeached and imprisoned persons case we may justly stand amazed at the strange insolency and impudency of the Councel of the Army in their late Humble alias most arrogant Representation presented by some of them to the Houses of Parliament Decemb. 7. 1647. Who though in most of their former Remonstrances they had pleaded this to be the Hereditary Freedome of all Subjects since Voted by both Houses freely to Petition the Parliament without restraint as some of their fraternity have frequently done of late in a most seditious manner yet they fall pel-mel upon the Common Councell of London only for Petitioning the Houses for relief of their imprisoned fellow Citizens and on the Commons House and Members too in this most saucy language pag. 21. 23. And now also we must earnestly desire that the proceedings against those Citizens and others lately impeacht may be hastned and out of their fines and confiscations some part of reparation may be made to the Countries adjacent for the aforesaid damages which the crimes of those persons and others in the City did 1 first bring upon them And indeed without something done against those persons for example to others we do not see when it shall withdraw with what safety or freedome the Parliament can sit longer at Westminster especially when we find the Common Councell through the Parliaments and 2 Armies lenity to take the boldness already in the face of both to intercede for the relief and acquittall or rather justification of those impeached persons who indeed are but fellow-delinquents we doubt to most of that Councell as if that so actuall immediate and 3 horrid a force upon both and the whole Houses of Parliament and the levying of War in abetment and prosecution thereof and of that concurrent 4 Treasonable engagement were already forgotten by them to have been any crime the consideration whereof and of the renewed confidence of Master Gewen and some other Members of Parliament known to have been partakers if not principalls in the same things who yet 5 presume and are suffered to appear again in the House as in those things there had not been so much fault as to render them lesse worthy of continuing in that highest trust makes us begin to fear that while so much of the same leven through lenity and moderation is left behind is may shortly spread till even the 6 worst of the eleven Members notwithstanding their double crimes be again called for in unlesse the House by some exclusive resolutions and proceedings do timely prevent the same we hope therefore the Parliament will weigh these things and speedily ere it be too late consult at least their own safety and the Kingdomes if not ours and the Armies their poor servants and something concerned with 7 them especially in that affaire By this printed Passage the whole world may plainly discover the unparalled insolency malice injustice of the Saints and Councel of the Army who * exceed the very deeds of the wicked against the wrongfully impeached Citizens and Members whose principall Prosecutors and Accusers they are this Representation being sent of purpose to promote the Lords impeachment in the Commons House just when it was there debating though since laid aside for want of proofs and matter to make up a charge against them and yet they with the impeached Aldermen and Citizens must be still prosecuted imprisoned and not released nor the falsly impeached and suspended Lords and Commons re-admitted into the Houses for fear of displeasing the Generall and