answer that if the King did recede or retract his charge against the five Members it proves not that the five Members were innocent no more then it argues that because a man Robbed will not prosecute the Theife he is guiltlesse nor doth or can it condemne the Army because they are more resolute in the prosecution against these eleven then the King was against those five What if my neighbour be content to remit or pretermit a Felonie c. for present because of some inconvenience lying in the way of prosecution and the same person having taken thereby encouragement or advantage to rob and spoyle mee I afterwards will prosecute him thereupon to Justice am I therefore injust No sure It is injust to say it But here I will prove that the King did never retract his charge against the five Members and that he did more then once or twice presse the house and most earnestly prosecute for their suspention and restriction For the first page 49. booke of Declarati The King in his message to both Houses concerning this very businesse saith That his Majestie takeing notice that some conceive it disputable whether his proceedings with the Lord Kymbolton Mr. Hollis c. be legal and agreeable to the priviledges of Parliament being very desirous to give satisfaction to all men c. is pleased to wave not retract his former proceedings and all doubts by this meanes being settled when the mindes of men are composed his Majestie * Nore and in booke Declar page 50. In another Message the same words are expressed will proceede thereupon in an unquestionable way But this settlement of doubts and composure of mens mindes it is evident Mr. Hollis and others indanger prevented by raising the storme higher and making the breach widder by which meanes his Maiesty could never enter upon that unquestionable way to make his Charge good against them Now judge I pray you if here was not a reserved resolution in the King of proceeding upon his charge and no retraction and I am perswaded there is so still if things settle and concurre albeit for present he waved it And it followes not because I say I will not call upon such a man this day by reason it is not convenient that I have said or resolved to call upon him no more Here is onely proved and the falshood disproved And for the other that the King never prosecuted the Suspention of the five Members from the House did not the King first send a Sergeant at Armes to the House to demand and apprehend them Secondly did he not go Himselfe and demand them if they had been there yea and seeing they were not there did he not tell the House that he would have them wheresoever hee found them and did expect that they meaning the House should send them unto him so soone as they returned to the House See his Majesties speech 4. January 1641. pag. 36. book Decl. and did hee not also after all this goe in person into London to demand them of the City exhibit articles against them also but they then pleaded priviledge as they do now a thing I conceive Mr. Prynn can instance no example for in all his reading and thus here is another of Mr. Declarers lyes manifested But by these infallible markes it is apparent that the Declaration is Mr. Prynns whose naturall quality is to ly rayle scandalize and clamour I remember Mr. Iohn Lilburne chargeth him in one of his Bookes with 13 or 14. positive lyes in lesse then 8. lines and to speake truth this Declaration and his iustification and demands written libellously against the Army are meerely a composure of lyes calumny forgery and sophistry wherein he powers forth the poyson and bitternesse of his spirit against the Army Oh quantum mutatus ab illo How desperately doth he now prosecute that way which he formerly profest those whom he formerly pretended to affect building againe that which he heretofore destroyed the truth is he is Apostatised and for preferment hath forsaken the truth and much it is to bee feared God hath forsaken him Remember Spyra Mr. Prynn that is in Hebr. 6.4 5 6. A man ye know may give his body to be burnt and yet without charity it availeth him nothing think not what you have suffer'd but consider frō what you are faln it is hard kicking against the pricks wo be to him that is found a fighter against God this being of God as questionles it is to extirpate oppression injustice and to establish Righteousnesse All the Malice Policy and power of you and of the gates of Hell shall not prevaile against it For that fift reason of Mr. Declarers where he saith that the iniustice of the Army appeares by their uniust and unreasonable demands of the Members to be suspended after the House had voted that it did not appeare to them there was any cause of suspension c. it is reasonles and answered sufficiently above Had the Charge been a bare suggestion confesse their votes had been colourable but here was matter of fact charged upon them and the House to vote them quit without a heareing was illegall and a meere forestalling of iustice For his insinuation to excite the Countys and Burroughs for which they ate Members to Petition the House for them as they did for Mr. Hampden c. it is not to be weighed nor are they worthey of that honour or favour of their Country the Coutryes and Burroughs for which they serve have more cause to petition and importune the House for to admit a legall and speedy tryall against them that they may receive iustice for falsifying their trust and betraying of the Kingdome and I wonder with what face Mr. Declarer can attribute faithfullnesse to their votes and advice when as all the land knowes that their votes advice and practises have been generally treasonable pernitious and destructive but in this hee appeares a brazen faced Lawyer who for the wages of Balaam shall Justify the Deivill and Counsell Moab against Jsraell In his fixt instance there is nothing materiall or observable but his Malice how willing and industrious he is to cast dirt upon the Army though it light upon his owne face for there he chargeth them for want of more materiall matter with bringing in their Artickles on Tuesday the sixt of July whereas the House ordered they should bring them in the Friday before was not here a great trespasse and offence a high point of unreasonablenes injustice I belive the accused thinke it too soone and the House of Commons were not so expeditious in delivering in their perticular charge against Stafford Canterbury and Berkly yet kept them under restraint a long time before and after many moneth study and preparation their charge was both lambe and imperfect and far below this as low as Mr. Declarer doth declare it to be but I am perswaded he could be content to have
any reall particular charge or proofs produced against them taxing the Army with threatning the House by their Remonstrance June 23. if they would not suspend them upon their as he saith illegall impeachment And what M. Declarer if the Army did require the suspension of them before any particular charge exhibited It was not before their generall charge was delivered which was not onely in its selfe more parricular and speciall I tell you then the generall charges given in by the House of Commons which some of these accused were then violent promoters of against Strafford and Canterbury but sufficient and legall also or els those against Strafford and Canterb. were not Truly M. Declarer while you strike at the Army the stroak falls upon your own friends you still make their case worse And as for proofs would you have them produced before the accused have answered Did the H. of Commons do so in the cases aforesaid no nor deliver in any particular charge in many moneths after and yet both the Earl and the Bishop were presently not only suspended but committed also and so are not these 11. traiterous men though there be particular Articles and those no small and light ones nor so uncertain and dubious as most of theirs were against Strafford and Canterbury these are all for traiterous and unjust arbitrary actions those were many of them for traiterous and arbitrary words and intentions these are all for matter of fact those were onely many of them for discourse purpose and speech And good M. Declarer do not abuse your calling and your knowledg too for I know you are a Lawyer and M. Prynne by name if I be not mistaken your stile your termes and your venome declare so What Law is there either common or Statute in this Kingdome or elswhere that requires the production of witnesses before the accused have pleaded and made their defence Do not men in all cases and causes civill and criminall whether true or false first put in Baile or submit to restraint to answer the action bill or complaint against them and then after they are charged put in their Plea or Answer and so joyne issue for triall and then the Plaintiffe or Prosecuter brings in his evidence or profs Is not this the common and constant yea the true and legal course in all Courts of Judicature and at all Benches of Assizes throughout the Kingdome if there was any other your Margent I am sure would shew it us for you are full of your quotations though they be feigned and false making a faire shew like many poore beggarly tradesmen upon the stall when alas there is little or nothing of any worth within but you think that by these meanes the Army to stop your scandalous clamours wil like fools be provoked to declare their witnesses before hand that so you may tamper with them by indirect wares either pervert deter or divert them Stay good M. Declarer your Worship as I tel you is no good Accomptant you are too short in your reckoning Nor do the Armie use anie threatning as you say M. Declarer in that to speak plain truth you declare your self a liar by this sure token I know your name is Prynne for in their Remonstrance is Iune having shewed that whereas they had exhibited their Charge against the 11 Members and made mame other proposalls conducing to the settlement and safene of the Parliament and Kingdom the Houses sleighted and neglected all and could not according to justice suspend the accused from sitting and acting in the House and for that there were secret designes and practices by the influence of the guiltie and their Accomplices to imbrolle the kingdome in a new warre a truth now as manifest as the Sun They say pag. 14. of that Remonstrance That upon al these grounds and for al grounds therin primised they prould be inforced to take such courses extraordinary at God should endble and direct them to to put things to a speedy issue the which Mr. Declarer represents as if the Army could by violence murther the 11. Members for so that word assasination imports in such cases And now I appeale to all Judicious men the presedence and the subsequence the premised reasons and considerations weighed and compared whether that saying of being enforced to take extraordinary courses can be adjudged a treating or commination And truly Mr. Declarer where ordinary meanes are inefectuall to use extraordinary is both requisit and Lawfull It is Justified in Scripture when all warnings and wishings reasons and counsells rules examples and directions would nor rectifie and reforme Joram and Jesabell you know what Jehu did and what meanes he us'd Nor can you be ignorant what the men of Israel did unto the Tribe of Benjamin after that they had used ordinary meanes and demanded those Sons of Belial who had destroyed the Levits wife unto justice and were den'ed them Judge 20.12.13 so forward And though the general rule be Non eundū est ad extraordinaria cùm per extraordinaria eundil est fierè potest yet à contrario by necessary cōscquence in al just cases Cùm per ordinaria non fiiri potest ad extraordinaria eundum est and therefore it is beyond scruple or question that in case the Army cannot obtaine their just and Lawfull ends by an ordinary way they may take a course extraordinaty for attaining them But what threatning doe these words of the Army more emply then those of the Parliament in their petition to the King 1. March 1647. concerning the Militia Booke Declar page 93. where they speak thus viz But vnles your Mati shal be graciously pleas'd to asure them by these messengers that you will speedily apply your Roya ascent to the satisfaction of their former desires they shall be * Note enforced for the safety of your Majesty and your Kingdomes to dispose of the Malitia by the authority of both houses in such a way as hath beene propounded to your Majesty and they * Note resolve to doe it accordingly now was such language Lawfull then in the Parliament subjects and servants to their Soveraigne and are not the like or word to the same effect in the like case now Lawfull in the Army to the Parliament who are only their trustees and have swarved from their duties much more then the King did from his and have much more abused their trust And if this be so great a fault in the Army then à minore ad maius much greater was that in them to the King and thus still Mr. Declarer instead of extenuating the accuseds guilt aggravates and augments it And whereas the Declarer in his said fourth instance saith the Army have exceeded the Kings proceedings against the five Members who within five daies after retracted his charge and proceedings against them and never prosecuted their suspention from the house which the Army presse and reiterate againe and againe I
both precedent concurrent subsequent matter and only pickt and chosen what best fitted his base purpose by which false subtill deceitfull recitation he endeavours to make the Armyes present justifiable proceedings to savour all selfe and not to be in the least feasoned with the love of the publique or peoples welfare although they doe amply as ye see declare so he brings in his Jesuiticall and scandalous inference and assertion in the close of this passage saying which their proceedings since against these members demonstrate to be a most reall truth but as Jesuitically leaves out these words of connexion viz Wee therefore declare which conjoine and usher in what the Army there imediately doe declare and lay downe they would have further done in order to the setling and securing of the publique together with their own peculiar right and safety as yee may see at large in the said declaration of Sir Thomas and the Army and this diabollicall Jesuiticall practice and president of foraine falshoods out of truths and perverting of the authours genuen words and intentions to the belying of the authour and deceiving and intraping of others this praevericatour hath learned of that old Sophister and grand Machiavilion the Devill who dealt in like maner with Adam and Eve in Paradice and with Jesus Christ the Son of God and truly it seemes he hath been a good proficient in the Devils Schoole for he hath very notably performed this his publique exercise and therefore deserves to goe out doctor whensoever the Devil pleases but I hope his Riddle being unfolded there is none so ignorant or maliciously wilfull as to be deluded into any prejudicate opinion through his misty writing and unsavory railing against the proceedings of the honourd and ever approved Army who as assâ—…ly and vigorously seeke the universall good and wellbeing of the Kingdom the King and his posterity as conducing thereto 〈…〉 And Mr. Prynn if that be your name Lieutenant Colonell Lilburne and Amon Wil bee dare do that you dare not by this your Declaration and other your libellous pamphlets against his Excellencie Sir Thomas Fairfax and the Army owne what they have written and do by their subscription And I dare affirme will upon just occasion make that good and much more to the shame and horrour of you and all that abhorred party you plead for And I doubt not but before long Mr. Wil bee or some other wil ring you such a peale for your railing as will make so much of your worships eares as is left to tingle So farewell Rabshakeh Shimei's First-borne Considerable Queries concerning the railing Declarer the eleven impeached Members and the Cities rebellious proceedings I. WHether the Railer be not a Commissioner for Accompts as Mr. Prynn is and having for bribes passed many unjust and false ccompts as that of Sir William Lewes and Clotworthyes probably be and Breretons and others are supposed to bee under the notion of being vouched and being therefore lyable for breach of trust bribery perjury and falshood to be questioned doth it not behove him to stand up thus stiffely for these rotten eleven Members and others their accomplices and confederates in whose discharge or condemnation he is interested II. Whether the eleven Members Mr. Hollis that Roman Cataline and the rest doe not plainly argue themselves guilty of the treasons and trespasses wherewith they stand charged by craving leave to goe beyond Seas though as they pretend but for six months For if they were not what needed they to stirre especially after so much lying boasting pleading and apologizing in speech and print for them III. If they doe goe whether they ever purpose to returne againe But what need that Mr. Hollis his mother son and sister are gone before into France there to prepare for him a place Mr. Massey may go Trade again in Hamborough if he hath had but the honesty to pay the 10000 l' he brake for there which I know hee hath in these wars got plunder enough to doe long since and to leave himselfe a Stock sufficient besides And wealthy Sir William Waller Clotworthy and the rest it is well known have had wit enough to provide against a wet day to make themselves a banck in forren parts as well as at home for they alwayes feared a flight and now they are ready to take it IV. Whether it be not an Act illegall and unjust and contrary to the practise of all judiciall Courts to Vote any man that is charged with treason felony or any other criminall trespasse free or at liberty to travell whither he will without baile or mainprize And whether such ought not rather by the Law of the Land to be secured by safe custody unto triall And whether these eleven Members being at liberty have not procured all these new tumults and troubles V. Whether they who shall vote or set such Offenders free to depart the Kingdome before Justice done are not by the Law of the Land to be taken and adjudged principals and to have judgement of life and limbe as guilty of the accused's crimes VI. Whether Mr. Prynn was not marked with an L. in both checks for a Lay-Elder And now finding that the Presbyterian Kingdome will downe and himself in danger to lose his government and dignity is not growne frantick and distracted VII Whether the now rebellious proceedings of the Lord Major Sheriffes Common Councell and others of the City of London to raise forces against the Army of the Kingdome without Commission from the King and contrary to authority and command of Parliament be not after the manner of Jack Cade and Wat Tyler indeed and deserve the like reward Resolved upon the question That they have made work for the Hang-man and that Gregory by these meanes is likely to be well stored against next Winter with furr'd gowns For the Reversing of the Votes against the Cities late destructive Petition and of the new Ordinance for returne of the Militia by the Parliament on monday last was no Parliament Act they being thereunto enforced through imprisonment and violence and is of no more value then a bond grant or release sealed by a man per minas or per duces imprisonmenti through menaces for feare or by constraint of imprisonment And therefore all these military preparations and proceedings of the City notwithstanding mondayes Votes and Orders are not onely without but against all legall authority whatsoever And truly in that their tumultuous proceedings on monday they not onely violated and assaulted the two Houses of Parliament but the very Majesty and Authority of the King in Parliament It is good therfore for such as have been so forward in these mutinous courses to repent and desist and not proceed to runne their lives and estates into a snare for they know not whom nor can tell what unlesse it be to save the heads of a company of desperate Traitors the chiefest of which Mr. Hollis and Stapleton have been ever exquisite
A two-inch Board for M. Prynne to peep thorow Being a full and satisfactory ANSWER To a late libellous Pamphlet herein proved to bee his called A DECLARATION OF The Officers and Armies illegall c. proceedings and practices against the XI impeached Members And to other that Authors scandalous Papers lately published purposely to asperse the Army and their proceedings WITH A discoverie of his lies subtilties and delusions therein and a Justification of the Armies Charge and proceedings against the XI impeached Members by Law President and Reason WITH Certaine considerable Queries and observations upon the Cities late tumultuous rebellious proceedings against the Parliament VVritten by T. R. Gent. Pro. 26.5 Answer a foole in his folly least he be wise in his own conceit Printed in the Yeere 1647. A two-inch Board for M. Prynne to peep thorough c. THe Declarer whether M. Pryn or whosoever tells us in his introductorie part of his Declaration how quondam great Cromwell Earl of Essex lost his head by an illegall Law or President which himselfe procured to suspend from and attaint others in Parliament upon meere generall accusations without particular proofs and before answer given intimating and in his subsequent discourse audaciously and falsly affirming that the Army have done the like against the eleven Members therefore this perillous President should admonish some of the Earls name Lievtenant-Generall Cromwell hee means and the rest of the Army c. it being a memorable Maxime of a learned Judge Sir Edw. Cooke That the more high and absolute the Jurisdiction of the high Court of Parliament is the more just and honourable it ought to be in the proceedings and to give example of justice to inferiour Courts Now the Army have neither suspended nor attainted any upon meer generall accusations for they have brought in particular Articles of Treason and misdemeanour against them and expect daily a Plea or Answer to them that they may proceed unto triall and produce their proofes upon which they doubt not but to have them attainted and convicted also and therefore truly neither Lievtenant-Generall Cromwell nor any other Officer or Member of the Army need to feare nor can they incurre any such danger by this just and legall accusation as unhappily happened to Cromwell the great unlesse he or they should unhappily fall under the power of Mr. Declarer or those he declares for who indeed have used like unjust arbitrary practices as that Cromwell Earle of Essex did nay worse for they have occasioned and voted many a one to be suspended and imprisoned without any charge or accusation at all I will not instance because everie man knowes it even thou thy selfe O Declarer And if the eleven Members were served as great Cromwell was to wit not only suspended but executed the which neverthelesse I desire not nor is it I am sure either endeavoured or intended without any answer or proofe produced it was but just upon them Lex talionis for they and their Accomplices have done the same to others though not to deprivation of life yet of Liberty propriety and estate equivalent to life and was there any more then a generall charge at first given in against Strafford and Canterbury upon which they were presently restrained And by how much the more superlative the Parliament ought to be in justice above other Courts for that its power and Jurisdiction is so so much the more vile and shamefull culpable and condemnable are those Members thereof who have been more impious and unjust in the use and the execution of that power then the most contemptible Officers of the meanest and lowest Courts of Judicature And where now I pray you is the parallel M. Declarer instances of illegalitie and arbitrarinesse between the Lord Cromwells Attainder and the proceedings of the Army and in particular of Lievtenant-Generall Cromwell which he names there in speciall against the eleven justly accused Members So much in answer to his Introduction Now to his particulars by which hee pretends to demonstrate the unjustnesse of the Armies prosecution 1. The unjustnesse thereof he saith appears by the generality 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 will undertake at their perills to make it good or else to give the accused Members and House due reparations if they faile to doe it contrary to the Common and Statute Law of the Land Was it not in the name of his Excellency Sir Thomas the head in particular and of the Army in generall as of a Bodie owned by all and presented by some of the principal Members thereof in name of the whole A way and usage most certaine and sure had it come in these words viz. in the name of certaine persons or of the generall and major part of the Army it had been justly chargeable with incertainty But what act can carry with it more certainty then that which hath the joynt-concurrence of an entire Bodie or Community Hath not the practice of the House of Commons for forme and manner in things of the same nature been ever the same and did not they impeach Strafford Canterbury Judge Bartlet Finch Windebanck and others this present Parliament in the same generall uncertaine manner in the name of the House of Commons and of all the Commons of England And if this of Sir Thomas and the Army be unjust so then was that if that was just so then is this the matter is the same and the manner is the same and there is more ille gality and incertainety in the factious Petitions and Remonstrances heretofore presented by the pretended Lord Mayor Aldermen and Common Councell in name of the City which the City never owned then in this Charge preferred in the name of and owned by the whole Army and there is no dread M. Declarer but his Excellency the Army will make good their charge against the accused to their sorrow and your shame and I doubt not but you who are so much now in their behalfe for reparations according to Law before the issue bee proved will then be enforced according to your own litigious Doctrine to make reparations to his Excellencie and the Army for all your pernicious seditious false scandalons notorious shamelesse reproaches revilings imputations accusations and aspersions published and uttered in your invenomed Declaration against them and these their just legall and honourable proceedings which are so much affected honoured and promoted by all in generall unlesse it be such as are alike guilty and desperately wicked who neither feare God nor love their King or their Countrey 2. The unjustnesse of the Armies proceedings he saith appeares by the incertainety and generality of the charge it selfe in meere generall and ambiguous termes to which the parties accused can give no answer nor make anie defence and thereupon voted insufficient by the House 25. Junii to charge or
suspend them by the Law of the Land Here note that he meanes the generall heads of the Charge given in 15 June last and not the particular Charge which came in Tuesday 6. July although like a Juggler he inserts it in such a sort as to have the multitude believe it the same And as for the generall heads there was no answer thereunto required onely therefore a suspertion of the accused as being charged and truly with M. Declarers leave there was both reason and president for it although the House voted against it Look backe and consider the Parliaments proceedings in all times against their Members in such cases and in particular in the last and latest presidents Strafford Canterbury Barkley c. nay have not the Fouse of Commons suspended and excluded divers of their owne Members this Parliament for words and particular actions in the House cases of inferiour nature and consequence to the matter of charge against the 11 Members And againe if those generall heads five in number against the 11. Members which are more large and speciall then the generall charge the House of Commons preferred against the E. of Strafford and B. of Canterbury were insufficient to charge or suspend them of what validitie then were those generall charges of the H. of Commons so vehemently prosecuted by some of these very 11. whereupon Strafford and Canterbury were both charged and suspended yea and secured which these vipers are not what justice then I say in their case had those two and others Peace for shame good M. Simpleton it is an ill bird that bewrayes her own nest you will help to enlarge their charge by and by and while you plead like a mad-man for their justification you will like a fool lay more guilt and condemnation upon them 3. The unjustnesse of the Armies proceedings aginst the 11. Members he faith appeares by the multitude and quality of the parties impeached eleven at once all men of approved integrity fidelity and abilities and there in this third instance he tells you of all their good acts and enlarges their praise beyond their deserts A silly argument without sense or reason to prove the unjustnesse of the charge by the multitude and qualitie of persons accused as if a multitude and those men eminent both for estates and authority could not act treason or be as culpable of criminall trespasses as the poor and meane What thinke ye of the Complotters and Actors of the Gunpowder plot the rising by the Earle of Northumberland and his confederates in the North in the Reigne of Queen Elizabeth Absalom and all the heads of the people against King David Here were as great multitudes and as gallant men in these traiterous actions as any of these 11. Members truly I never thinke of M. Hollis the principall of the eleven but I call to mind Cataline of Rome whose sole ambition was to be the head of a faction though it turned to his ruine as for M. Massey we know he is a good Souldier but no Christian and if the number and the quality be a sufficient excuse to these eleven and of condemnation to their Accusers Sir Tho. the Army for injustice against them Oh how unjust then were all the proceedings against all the aforesaid in those daies but I wil ask this Rabshekah whether he ever heard or read of any grand treason for the 11. Members actions as sleight as he and other knaves fooles make of them when they come to the test wil be found no other even exceeding Straffords and in effect equall to that of the Gunpowder wherein there was not more then a few and those no mean ones confederates Nay do not such abominable actions evermore accompanie the greatest personages and spirits for mean men have neither wit power opportunity or audacity to contrive or act them and therfore are never tempted unlesse by so great ones to be instruments to doe them And as for their abilities and acts of merit by how much the more able and by so much the more wicked therefore by so much the more odible and condemnable The Devill hath as exquisite gifts and endowments and more then any mortall yet not therefore to be either pittied or justified and for the good they or any of them have done why did not they continue in it who hindered them Not to him that runs but to him that holds out to the end of the race belong's the praise Finis coronat factum Justice is like death it takes a man as it findes him it considereth neither quality nor condition what a man was is or hath done but of what he is accused and found guilty and so it rendreth unto him either by acquitting or condemning him The old Earl of Essex in Q. Elizabeths dayes had deserved as well of the Kingdome and was much more honoured and beloved of the people then ever any of these 11. Members yet ye know his end he being found guilty justice forgot his former good services his honour was tainted and all his merits were forfeited and this manner of proceeding is justified by the example of God the most just Judge of quick and dead Ezek. 18.24 Nor are these men of such great eminencie and quality in themselves as they are by that authority wherewith we have invested them as our Trustees the which they have unworthily and unthankfully perverted and abused M. Hollis is the most honourable amongst them but by the evill of his actions is so much the more dishonourable for nobilitas est unica virtus and the rest do we not know them The Merchants of Hamborough can tell you of Massie his manners and his quality and without question there are those can give as true a character of the rest as Mr. Declarer or any other As for the House clearing any of them by Vote or M. Prynnes who never knew aright how to examine or cast up any accompt acquitting them in their accompts is of no value non valet ova duo For if an illegall factious Vote may clean any Member of an accusation of breach of Law or publique trust where then is Englands Law dic quaeso No Sir he that is accused to transgresse the Law must be acquit or condemned by the Law in a publike Judicatory and not by arbitrary Votes within a close room and private walls Strafford and all traitors and trespassers against the publike have been alwaies tried publikely and so it is just legall and meet these should be As for the Committee for Accompts their acquitting men by * As Sir W. Lewis was by name Vouchers that is if they bring in but one or two though they be suborned to sweare that their false accompts are true is of as much credit and value as a thiess procuring witnesses to avouch a stolne horse for which notwithstanding he may be hanged As for his fourth instance of the Armies violence to have the eleven Members suspended before
it yet lower even under the earth or in the bottome of the Sea if it could be And so I come to his seaventh instance Wherein instead of producing any reason or good argument to prove the unreasonablenesse of the Armyes charge and proceedings against the eleaven Members he fals on rayling according to Mr. Prynns manner on certaine men Mr. Liburne Amon Wil bee and others inserting Jndge Jenkins for company and calls them Mercenary Pamphleters only because they declare the truth and avow justice nor are those tracts he there censures pamphlets but solid tracts or treatises to informe the too much deceived people the which he migth do well to refute or disprove if he can by solid argument for reproach and clamour is neither legall nor rationall answer And it is sufficiently known to men of more integrity and lesse corrupt in judgment then Declarer the shamles supposed Prynn who speakes for his own Diana that those Gentle-men hee tearms mercenary were never of so base a Spirit for if preferment or profit would have by assed them or made them base like him and others apostatised persons whereas they long have suffered both in their estates and persons they might I believe long since have equalized him and other such Temporizers both in place and power though not in Bribery deceit and knavery but Mr. Pryn is Chair-man of a Committee and was appointed a principall Commoner for the deforming reforming it was said of the Vniversity of Oxford and happily the man had some thoughts of obtaining the Chancellours place give him leave therefore to speake for himselfe his fee and reward his place and his office and authority Committee man was therefore bestowed upon him it is more I am confident then Mr. Lilburn or Mr. Wil bee ever got by the Parliament and therefore justly may the terme of mercenary bee retorted upon himself and hath he not done them good service for their wages casting away for their saks both honesty Conscience modesty and good manners religion and wisedome in all his writings in the behalfe of these Trayterous persons his promoters and supporters and their adherents And of late the man is raveing mad see his Queries his Declartion against the Army and their proceedings his Justification his Vindication and full answer in behalfe of the eleaven justly accused Members wherein he termes the Charge a scandalous Libell and yet himselfe the only Pamphleter and shameles notorious Libeller for he subscribs his name to none of these his papers and if his cause be good what need he feare but he is sensible that his eares are already so short they wil not stretch to make satisfaction as for the brands of L. in his cheeks set upon him as a Libeller though then they were unjust yet now he justifieth them he is wise and loves I see not to weare any thing improperly or impertinently But I will come to that passage in the Declarers Prynns doubtlesse declaration concerning the accused Members in the Declaration of Sir Thomas and the Army June 14. last and lay open unto you how this Impostour after the manner of the Devill his master in using of Scripture who only takes and applyes what serves his purpose hath taken certaine peecemeales of the Armyes Declaration out of severall places of it and put them into a continued saying together in his declaration against them marking them in the margent thus ☞ as a matter of speciall discovery by which diabollicall practice the which few usually will or can examine he imagens he hath strucken the Army throrow and given them an incureable wound in their reputation and honour I will first give you the pasages as he cites it and there I will open and disect it that yee may see his pernicious policy malice and villany He saith that in the said Declaration of Sir Thomas and the Army page 7 8 14. June it is rendred thus wee humbly desire for the setling and securing of our owne and the Kingdoms common right freedome peace and safety that the persons who have abused the Army c. may be some way disabled from doeing the like or worse to us and for that purpose may not continue in the same power especially as our and the Kingdomes Iudges in the highest trust but may be made incapable thereof in future c. Nor would our proposals of this singly bee free from the scandals and appearance of faction or designes only to weaken on party under the notion of uniust or oppressive that we may advance another which may be imagined more our own which Proceedings since saith the declarer against these Members demonstrate it to be a most reall truth Now the Army having in page 4. of that their declaration laid downe the grounds and reasons they had before disbanding to proceede to act something in reference to their own◠as private persons and members of the common-wealth and the Kingdomes freedome peace and safety in page 5. not the 7. nor the 8 as he cites they say thus viz. Now haveing thus farre cleared our way in this businesse we shall proceede to propound such things as we humbly desire for the setling and securing of our owne and the Kingdom 's common right freedome peace and safety as followeth and then they go to particulars As 1. that the houses be speedily purged c. secondly page 6. that those persons who have in the uniust and high proceedings against the Army appeared to have the will the confidence credit and power all which he hath left out to abuse the Parliament the which he hath also left out the Army besides the better to bring in his praevaricated sence he transcribes it have abused for to abuse as depending on the precedent words and there he puts an c. and comes to these words viz. may be some way where as the sence is still continued thus viz to abuse the Parliament and Army and indanger the Kingdome in carying on such things against us while an Army all which also is omitted may be some way speedily disabled from doing the like or worse to us when diasbnded and disperced and in the condition of private men or to other the free-born people of England in the same condition with us all which he also omits because it demonstrates that they act as well for the people in generall as for themselves and skips to viz. and for that purpose may not continue in the same especially as ours and the Kingdomes Iudges in the highest trust but may be made incapable thereof for the future and from thence pretermitting all the there intervenient reasons and discourses he leaps to the bottome of that 6. page and comes to these words viz. nor would our proposing of this singly be free from the scandall appearance of faction or designe only to weaken one party under the notiō of uniust oppressive that we may advance another which may be imagined more our own And having thus omitted
in raising of tumults commotions witnes the Kings departing through the like affronts nor do they do this in any affection or respect to the Kings person for then they might more easily have fecht him home and restored him long since but that under this notion they may raise a power to rescue him as they conceive from the Army and to gaine his person again into possession that so having him under their power and a force sufficient on foot as they think to disperse or suppresse the Army they may put their owne termes upon him and archive their old designe of Presbytery and tyranny but I know his Majesty is as an Angell of God for wisdome and discernes their base treacherous ends and I am confident he will never intrust himselfe let them speak never so highly for him in the hands of the City Presbyterian party for he knows they are professed foes to his Monarchy hold a compliance and confederacy with the Scots and are no more to be trusted then the father of lyes and authour of these their desperate councels and rebellious actions the Devill VIII One question more upon this emergent occasion newly occasioned and conceived and so I have done Whether the Cities imprisoning of the two Houses of Parliament on Monday 26. of July instant and enforcing them by power to grant their traiterous demands Did not far exceed all breach or violation of priviledge commination or threatning that ever the King or Army used as is objected against the one falsly pretended against the other And whether they have not so far as lyes in them utterly subverted the power and essence of Parliaments An answer to an Objection Object The Presbyterian party are all driven out of the House so that there are none but Independants left and they comply with the Army and do what they list Answ Why did the Presbyterians leave the House and disert their duties Who drove them thence Did any Tumults or assaults from the Independent party in the City or the Army Or did not their own guilt and evill consciences And why may not the Independant party act and comply with the Army in their just and lawfull demands and proposalls to the settlement of the Kingdome in peace and safety as well as the Presbyterian did with the City in their unjust and unlawfull demands and proposalls conducing to the enthraldome and inslaving of the Kingdom And note that by the Law of the Land an Abettour in any insurrection murder treason or rebellion is a principall and shall so suffer Looke therefore to your selves yee Masters and others who on monday last animated and abetted your Apprentices and others to imprison and assault the two Houses Remember Stamford and Ashenhurst who were both condemned at Guild-hall and hanged at Tyburn for acting in the like sort though in an inferiour case in the Insurrection which was many yeares since in Fleetstreet upon an Arrest And was it high treason for the Apprentices tumultuously to assault the late Archbishop of Canterburies house at Lambeth because a Privy Councellour and one of them therefore suffered for it as a traytour And was it high Treason for the E. of Essex in Queen Elizabeths time only to lock up some of her Privy Councell in his owne Study which the Queen sent to confer with him and was he therefore executed And is it not high Treason in a more transcendent manner tumultuously to assault and by force to lock up and imprison the Supreme Councell of the Kingdom Sitting by the Kings authority in the Supreme Judicatory of the Land Compare consider and judge Remember ye proud presumptuous Men of London that dreadfull saying of our Saviour concerning Capernaum viz. And thou Capernaum which art exalted to heaven shall be cast downe to hell And truly I feare yee hasten your owne destruction and that the day of your humbling is at hand FINIS