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A91191 A full vindication and ansvver of the XI. accused members; viz. Denzill Holles, Esq; Sir Philip Stapleton, Sir William Lewis, Sir John Clotworthy, Sir William Waller, Sir Iohn Maynard Kts Major Gen. Massey, Iohn Glynne Esq; Recorder of London. Walter Long Esquire Col. Edward Harley, Anthony Nichols Esq to a late printed pamphlet intituled, A particular charge or impeachment, in the name of Sir Thomas Fairfax and the army under his command; against the said members, by his appointment and the Councel of War. Prynne, William, 1600-1669. 1647 (1647) Wing P3968; Thomason E398_17; ESTC R201693 28,820 49

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very words which were delivered unto Mr Holles by that Lord in the name of the Lord Savil and from him But Mr Holles was so far from being vindicative against those who had expressed so much malice against him and endeavored his 〈◊〉 as he wholy put it out of his thoughts never so much as sending to the L. Savil after his Composition ●as past in the making whereof he did him no differvice at all as in truth scorning it Another clause in the first Article is concerning a Letter sent from the Earl of Linsey unto Mr Holles containing as is layd in the Charge some secret design This was likewise examined in the House and by M. Holles himself first discovered unto the House contrary to what is in the printed Paper most falsly suggested and this done by him as soon as it came into his mind for when he received it which was very late one evening by a servant of the Lord Savils he immediately after fel sick which made him clean forget it nor doth he know what became of the Paper whether or no he burnt it the contents of it were only one line a recommendation of the bearer the Lord Savil the very words whereof were then fresh in his memory and by him repeated in the House when that satisfaction was given as there passed a V●te the 19. of July 1645. That the receiving of that note in the manner Mr. Holles did was no holding intelligence with the enemy There is a third part of this first Article of the Earl of Linseys moving for a Pass for Mr. Holles to go to Oxford and the Kings saying he did him better service in the Parliament then he co●ld do there which as likewise by the Lord Savil enformed to the Committee appointed for the examination of that business and so reported to the House which Mr. Holles then said and doth stil that he knew nothing of and was and is most confident that it is most false for that he never signified any such desire to the Earl of Lindsey or to any body else nor ever had it in his thoughts TO the second Article which charges M. Holles and Sir Philip Stapleton joyntly with sending several messages to the Earl of Dorset and Lord Digby and Sir Philip Stapleton singly to have sent one to the Earl of Dorset and then both Mr. Hollis and Sir Philip Stapleton to have joyned in drawing Propositions and sending them privately to his Majesty They both of them do say for what concerns both and Sir Philip Stapleton for what concerns himself this being the only thing in all the Charge that is singly objected against him that the whole Article is false and untrue in all and in every part of it THe third Article lays a Charge on the eleven Members joyntly for meeting together at the Lady Carli●les Lodgings in White-hall and other places with other disaffected persons for holding correspondency with the Queen to put conditions upon the Parliament to bring in the King upon their own Terms and do such other things in prosecution of their evil designs as are in that Article mentioned To all and every branch whereof they do all joyntly and each of them severally give a ful positive and absolute denyal and affirm that the whole Charge of that Article is scandalous and false in matter and form Most of them declare that within the time there limited for those meetings to have bin and at no time before or since they have at all bin at her Ladiships lodgings o●ly Mr. Holles Sir William Lewis and Sir Philip Stapleton do acknowledg that by her Ladiships favour they have many times waited upon her both at her own Lodgings in Whitehall and elsewhere yet never to any such inten● and purpose as 〈◊〉 in the Article most falsly suggested but only to pay unto her Ladiship that respect which is due unto her a person of so great honor and desert from them and in truth from all others who are wel wishers to the welfare of this Kingdom And whereas it is said that they had a great power upon the Treasure of this Kingdome and thereby maintained the Queenes party assured her a Pension and undertook to doe more for the King then the Army would doe who it seems are now ambitious in outstripping all others in acting for his Majesty It is very well known that these persons have not at all medled in money businesses have had least to doe with disposing of the publike Treasure and therefore could not pleasure others with it as least of all have they received any part of it for their private uses some of them having declared themselves in the House when the House was pleased to vote them considerable summes in recompence for their very great sufferings for the Common-wealth ☜ that they would receive nothing till the Publike debts were paid and none of them are the men that have growne great in these calamitous times and been enriched upon the ruine of others nor preferred themselves and their friends to higher fortunes then otherwise they could ever have aspired unto Therefore there is neither truth nor semblance of truth that they should be guilty of engaging the Publike Treasure and Stock as the Article charges nor would any have believed them if they had been so false and foolish as to have offered it In conclusion they say the whole charge in this Article is utterly false THe Fourth Article which chargeth Mr. Holles Sir Philip Stapleton Sir William Lewis Sir Iohn Clothworthy Sir William Waller and Major-Generall Massey to have within the space of three moneths last past invited the Scots and other forraine forces to enter this Kingdome is by them averred to be utterly false as likewise that part of it which charges Mr. Holles to have sent unto the Queene to advise her to send the Prince into Scotland to come into this Kingdome in the head of an Army is by him declared to be most untrue and a meere invention of malice against him And in the last place where it chargeth the Eleven Members to have listed or caused to be listed divers Commanders and Souldiers without am●●rity of Parliament and to have encouraged Reform●d● Officers and Souldiers to gather together tumult●ously at Westminster to affright and assault the Members of Parliament there is nothing of truth in it and reflects more upon their Accusers then on them TO the Fifth Article which charges Mr. Holles Sir Philip Stapleton and Mr. Glyn to have bin obstructers of Petitions to the Parliament for redresse of Publike grievances They say that what hath been done by them or any of them in matters of Petitions was done in the House of Commons and onely there where they have upon occasion delivered their opinions concerning some seditio●s Petitions which they suppose to be the Petitions intended by the Article And for what is said of Mr. Holles and Sir Philip Stapletons affronting some Petitioners attending a Committee as
Major Tuleday and committing Nicholas Tew without authority They doe say that Tuleday and Tew affronted the Commitee that Tew endeavored to raise a tumult in the Court of Requests to the disturbance and danger of the Committee whereupon the Committee thought fit to restraine him untill-the next morning when they would acquaint the House with it That all both concerning him and Tuleday was reported unto the House and both of them were by the House committed upon just reasons and afterwards both of them discharged or bayled the one upon the Motion of Mr. Holles and the other of Sir Philip Stapleton And wheras it is said that they were not permitted to speake for themselves it is notoriously untrue for Tuleday was heard at the Barre of the House of Commons and Tew was heard at the Committee as long as he would speak untill he refused to answer any more questions saying he was not bound to accuse himselfe In the last place where Master Glyn is charged to have committed Tew to Newgate for 〈◊〉 other cause but for having a Petition about him which was to be presented to the House Master Glyn d●th answer that being Recorder of London and in the Commission of Peace he knowes it not to be a Crime to send such Persons to the Gaole as be brought before him for misdemeanours and may have Committed Tew as he hath done many others but he doth believe it to be a mistake in the Accusers not remembring any such thing and doth boldly affirme that if he did Commit him it was not for the cause laid downe in the Article but upon just grounds of Law TO the Sixth Article touching the imprisonment of Ensign Nichols by Sir William Waller Sir John Clotworthy and Major Generall Massey they Answer That they being by● Instructions of the 9th of Aprill 1647. from the Committee at Darby House for the affaires of Ireland authorized to draw off from the rest of the Army such as should accept of the Service of Ireland and Quarter them in such places as they should think fit upon the engagement of divers Officers of Colonell Lilburnes Regiment to goe for Ireland gave Orders to Lievtenant Colonell Kempson to March with such Souldiers of that Regiment as should engage for Ireland to Evesham And the Souldiers so engaging separated from the Army and on their March towards Evesham they on the 24 of Aprill 1647. at Saffron Walden after the Generalls departure towards London having received severall informations that Ensign Nichols Ensigne to Captaine Dormer one of the Captaines of the said Regiment repaired into the Quarters of those Forces drawne off from the Army in Order to the service of Ireland there disswading the Souldiers to goe for Ireland encouraging them mutinously to demand their pay of the said Captaine Dormer and then by falshoods and cunning practises endeavouring to entise them back to the Army undervaluing those that went for Ireland and incensing them against the Propositions of Parliament for that Service And also reading to the said Souldiers the Petition of the Army after the same was then lately prohibited by both Houses of Parliament and being certified that for those miscarriages the said Captain Dormer had secured his person till further Order The Lords and Commons who were Commissioners did thereupon on the said 22 of April give directions to Lievtenant Colonell Kempson to take Order that the said Ensigne Nichols should be sent up to London with the first opportunity to bee disposed of by the Committee of Lords and Commons for the affaires of Ireland at Darby house which was accordingly done and upon the report of the businesse the said Ensign was committed by Order of the House of Commons and the persons that brought him rewarded for their service therein In all which proceedings they know of nothing done but what their duty and Instructions in relation to the Service of Ireland required at their hands being contrary neither to the Lawes of the Land nor Articles of Warre but conceive upon these informations ready to be produced and testified upon Oath that the said Ensign according the Law Marshall for his said offences deserved death for endeavouring a muteny as abovesaid And therefore there is no cause for the Army to complaine in that the House was so mercifull to him as to ●emit that punishment Whereas it is charged that the pockets of Ensign Nichols were searched and divers papers taken from him and that he was sent a Prisoner to London from the Head-quarters without the Authority or privity of the Generall They say that no Order was given by them for searching his pockets or taking away his papers and believe no such thing was done That he was secured by Captaine Dormer being found in the Quarters of those Forces that were drawn off for Ireland actually endeavou●ing to put the Souldiers in a distemper and to withdraw them from that Service and he was sent from those Quarters not the Head-Quarters as is falsly suggested to London And for the privity or authority of the Generall if he had been then present they conceive their Authority from the Parliament on that behalfe was sufficient without the Generalls and as the case stood They thought it not reasonable to consult the Army in the matter of disturbing the Irish Service when they had there found so little encouragement before TO the Seventh Sir William Waller Sir John Clotworthy and Colonell Harley say They are very sensible the particulars charged in the Seventh Article doe specially relate to things said or done in the House of Commons and so not liable to any Censure having past the Approbation of that House which hath already acquitted them by their Votes of the 25 of June from all things done and spoken by them in the House contained in this and the three ensuing Articles and so ought not to have them recited in this Charge yet to vindicate themselves from the Scandall of Design and Combination against the Army they shall give this true Account of what induced them to endeavour the suppressing of that Petition Sir William Waller and Sir John Clotworthy being Commissioners of Parliament with the Army for the Service of Ireland and Colonell Harley being there to attend the same Service March 22. 1646. at a Convention of Officers for the Service of Ireland at Walden the Petition was produced as the Petition of the Souldiers to be approved by the Officers there and was pressed with such eagernesse that an Officer of quality offering some reasons against it was told He deserved not to live in an Army They taking notice of the subtile and violent managing of that Petition pretended to be the Petition of the Souldiers but in truth framed then as they can prove by some Officers at Walden ☜ at a time when the Parliament only proposed the Service of Ireland and the Souldery had neither Disposition nor Cause to Patition the Army being well paid for severall Moneths then past specially the
Article Sir William Lewes denyeth his protecting any Delinquents in South-Wales as is untruely aleadged And as for the Earl of Carbery he did no more then move in the house of Commons to make good what Major Generall L●●●horn had promised and pressed for on his behalfe by his letters to the Speaker and Committee of both Kingdomes representing the advantages that came to the parliament by his conformity and 〈◊〉 it would further their service to oblige him For Mr. Carve of Glammorgan Mr. Herbert of Breck●●●●shire after their long imprisonment they being upon their Compositions at Goldsmiths Hall he did but move the ascertaining of their Fines according to the rules prescribed to the 〈◊〉 there having observed that delayes brought a prejudice both to the Parliament and the parties 〈◊〉 by abusing the one in their authority the other in their estates And for Mr. Herber● after his sight of some high Articles drawn up against him by Mr. Rumsey he never spake in his behalfe he yet continues a prisoner in Ely House For Mr. Morgan of Bre●kno●kshire he is one the said Sir William hath ever used with no more then a civillity sutable to their being countrymen and of many yeares acquaintance which he beleives no good man can looke on as an offence For Mr. Gwyn Mr. Lewes of ●adno●shire ● of the Committee in that county and those that by Major Generall 〈◊〉 cert●ficate and Colonell Birth his publique testimony had furthered the reducing of that county he did but publiquely move in the house that some disputes concerning them and some differences between them and others of the Committee for that county might be referred to the Committee for Gloucester 〈◊〉 in 〈◊〉 Row which he did out of his desire to serve the Parliament by keeping peace in those remote parts and for no ends at all of his own And further faith he was never so much as present at any debate concerning the sequestration of any other person whatever in either of the forementioned Counties save these above● named nor ever so much as motioned to any Member of either House Committee man o● other either the remitting or favorable compounding with any upon any Termes not warrantable by the rules prescribed or their compounding with any that were incapable thereof nor did ever animate or incourage any 〈◊〉 this unhappy difference to continue their fidelity to the Kings cause promising them th●● if they would ingage their Frien●● with the King for him he and his would be their Friends in the Parliament as is untruly fur●●shed looking upon that kind of conditioning as a thing below the thoughts of a Gentleman What the Delinquents in those parts say of him or how they 〈◊〉 upon him or how they or any others looke upon those that ●rge him or what shall be his or their lot at his Majest●●s coming to London he is ignorant of but hopes that a 〈…〉 will discover both 〈◊〉 and them in their 〈…〉 and 〈◊〉 every mans returne may be according to the singlenesse and i●●●grity of his affections to the publike peace and welfare of the Kingdome And farther he saith that there being an order for the nomination of Justices of the Peace for the County of Brecknock he humbly named Mr Roger Vaughan now high sheriffe of that County to be added to the Committee formerly named by the House Mr. Meredith Lowis Master George Parrey and Mr. Edward William● as the fittest persons he knew of to supply the necessitie there was of justice in that county and although he cannot say that when the Kings forces had a power in those parts but that many of them may have done that which is not justifiable yet for his Brother Master Thomas Lewes who was formerly one of the Committee he is confident his innocency is equall with any mans in that County and his sufferings as great as any of double his fortune inhabiting there he having been carried prisoner by Sir William Vaughans command to Ludlow Castle with one Master Hugh Williams where they continued till he layde down eightscore pounds for their inlargement And he can confidently affirme that no man is left out of Commission that any honest man can pretend either by his estate or affections to the Parliament to deserve to be therein imployed and he could heartily wish that he or they that give information on this article would have advised who else should have bin recommended for Committee-men or Justices And for Master Edward William● being made ●ollicitor his Commission was delivered upon certificate from three of the foure Gentlemen who are the only persons resident in the County of those that are named for the Committee there and he beleeves he hath been so carefull in his duty that neither corruption nor remiss●es can be justly charged or proved against him And the said Sir William saith that his sonne was chosen Burgess for the Burrough of Brecknock by the unanimous assent of the Burgesses who adjudged him a fit person to serve for them and his fitne● for that place he desires may be determined of by th●se amongst whom he hath the honour to sit who have seen his demeanour and are the only proper Judges thereof but that he kept the writ eight moneths in his Custody in order thereto is most untrue For at his being in Brecknock-Shire in July 1646. having carried the writ down with him and finding at Ragland that Worcester was then but upon delivery to the Parliament and that the Commissioners of peace for that County were those that contin●ed in their authority by their old Commission thought it then no fit time for a publique meeting in that Town upon such an occasion lest some ill consequence might have followed thereon and thereupon at his returne acquainted Master Prideanx one of the then Commissioners for the great Seale therewith and with his approbation returned the writ to Master Scoble the Register in whose custody it continued till he againe called for it some five weekes before the election TO the 17th Article the said Sir Wil. Lewes acknowledgeth that by the ever Honourable the Earl of Essex his Commission and the approbation of both Houses of Parliament he was in the beginning of these troubles made Governour of Portsmouth though not only without his desire but against it as it is well● known to Sir Iohn Evelyn of Wilt●● a Mer●ber of the Honourable House of Commons That during his service there he received much of the publike Treasure for which he gave such an Account as that he had his discharge from the Committee for Accounts bearing date the 15th day of March 1644. And the said Committee comming to the House of Commons with their Certificates of that Account and others did there publikely attest it to be both just and fr●●gall whereupon the house was so favourable as to vote on the 3. of April 1645. their approbation of his Account so presented unto them and to Order that the Committee of
Foot consisting much of Recruits had little cause to complaine for pay thereupon they represented this Information to the Generall as that which required his care to suppresse timely But after they returned to L●ndon they received severall Informations of which they have good proofe that the Petition was Agitated in severall Regiments and proposed by the Officers to their Souldiers That some Officers threatned that those who did refuse to subscribe it should be cashiered and Directions were given to return the subscriptions to some principall Officers at the Head Quarters What passed in the House of Commons they presume not to relate without the leave of the House But by these particulars which are ready to be attested by persons of worth the Design of raising jealousies between the Parliament and Army will really fix upon those who have fal●ly imposed it on the accused Members to carry on their own Designs which are since more visible TO the Eighth Article Whereas Colonell Harley is charged That by Combination hee produced to this House a Letter which could not be made good He affirms He did acquaint the House with a Letter received as he was comming to the House and sent to him from an Officer of worth in the Army who was and is ready to justifie the substance of the Letter to be most true That Lievtenant a Since made a Colonell Colonell Pride drew Colonell Harley's Regiment to a Rendevouz read the Petition in the Head of his Company and that the Petition was then subscribed by most of the Regiment and that Lievtenant Col. Pride said b This is Liberty of Conscience so much professed and contested for by the Army such as would not subscribe the Petition should be cashierd That in this Colonell Harley did nothing but his Duty and what the House of Commons approved by their publick thanks to him and another worthy Member an Officer of the Army who produced another Letter concerning the same businesse For that which is laid to Master Holles his Charge in this Article concerning the drawing of that Declaration ●e Answers That it was done in the House and the House did allow of passe it and afterwards sent it up to the House of Peeret where it was likewise past And that any should question it being become and made the Act of both Houses and so a Charge rather against them then himselfe seemes strange unto him whose part in it was only to draw up that Declaration according to the sense of the House in obedience to a generall call upon him for it being exceedingly prest and urged to doe it when himself was very unwilling to take that task upon him TO the Ninth Article Wherein it is said That Colonell Harley Sir Jo. Clotworthy Sir William Waller and the said other persons did procure divers eminent and faithfull Officers of the Army viz. Lievtenant Generall Hamond Colonell Lilborn Lievtenant Colonell Pride and others to be sent for to appeare at the barre of the House against whom they could charge nothing at all insomuch that the House thought fit immediately to discharge them It is Answered That the said Colonell Harley Sir Jo. Clotworthy and Sir William Waller having been informed that those who stile themselves such ominent and faithfull persons of the Army with some others being very active in promoting the Petition mentioned in the former Articles did in discharge of their duty faithfully represent to the House what they had heard and whilst the House was in consideration thereof divers Letters were brought to severall Members of the House from severall parts of the Kingdome declaring the apprehension which many faithfull Officers of the Army had taken up if such a Petition should be permitted to goe on As particularly a Letter of the 28th of March la●t directed to Colonell Ross●er an eminent Member of the Army wherein it is desired by such as promoted this Petition that the names of such Officers and Souldiers as subscribed the Petition should be sent to Colonell Hamon● Lievtenant Generall Hamond Commissary Generall Ireton Colonell Lilborn Lievtenant Colonell Grimes or any three of them On the consideration of what was mentioned in this and other Letters in confirmation of what was formerly presented by the Gentlemen Articled against the House of Commons did send for severall of the persons before mentioned And as is conceived had very good reason so to do And whereas it is said That a Committee was appointed to examine the truth or falshood of them If by the Truth or FALSHOOD of them is meant the Truth or Falsehood of the Persons stiled Divers eminent and faithfull Officers of the Army Then how could they be said to be imediately discharged as such against whom nothing could be charged or proved at all The Gentlemen articled against do further say that it is a very ill use that is made of the Parliaments indulgence not to proceed with such severity against those Persons convented before them as aforesaid as to affirme that therefore nothing can be said against them The like ill use was formerly made of the Parliaments so farre condiscending to the desires of another Paper said to come from the Army concerning the Obliterating of the Declaration relating to the Petition both which expressions might well in modesty and duty have beene spared And whereas this Article is stuffed with great swelling words of vanity as though the Gent. charged by the Article were pressed to produce their proofes and evidence before the Committee if they had any It is answered That the Persons brought up to the Barre were by their own confession in this Article immediately discharged What need then was there or to what purpose was it to bring any such Proofes against them when 〈◊〉 the clemency of the House discharged them In a word It is most demonstrable it was the Parliaments indulgence not the innocency to severall if not all of those who were questioned which brought them o●f from Punishment And it were to be wished in regard of these and their subsequent proceedings that some proportion of Meeknes and Ingenuity towards the Houses did accompany so much professed integrity as is va●nted of by the framers of this Article and Phamphlet TO the 10. Article which charges Mr Hallis Sir Philip Stapleton Sir Wil. Lewis Sir Wil. Waller Sir Iohn Glen●●●●● and Major Gen. Massie to have been instruments in 〈◊〉 〈◊〉 the reliefe of Ireland and then relates some passages of 〈…〉 the House which could not be discovered to the Army by way but Members contrar● to their Oath and dutyn an high violation of the Houses Priviledges they say that they have faithfully cordially and industriously at all times and upon all occasions to the best of their understandings promoted the service of that poore bleeding Kingdome That they did desire supplyes might have gone in an intire Body out of the Army and that as speedily as possibly could be so as some of them took the boldnesse