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B09004 A particular charge or impeachment in the name of his Excellency Sir Thomas Fairfax and the army under his command, against Denzill Holles Esquire, Sir Philip Stapleton, Sir William Lewis ... [et al.] members of the honorable House of Commons. / by the appointment of his Excel. Sir Thomas Fairfax, and the Councell of Warre. Signed John Rushworth Seere. England and Wales. Army. Council.; Fairfax, Thomas Fairfax, Baron, 1612-1671.; Rushworth, John, 1612?-1690. 1647 (1647) Wing E741DA; ESTC R174975 15,491 24

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A particular CHARGE OR IMPEACHMENT in the name of His Excellency Sir Thomas Fairfax AND The Army under his Command AGAINST Denzill HollisEsq Sir Philip Stapleton Sir William Lewis Sir John Clotworthy Sir William VValler Sir John Maynard Knights Major Gen. Massey John GlynnEsq Recorder of London VValter LongEsq Col. Edward Harley And Anthony NicollEsq Members of the House of Commons BY the appointment of His Excellency Sir Thomas Fairfax and his Councell of VVarre Signed JOHN RUSHVVORTH Secr. Imprinted at London for George Whittington at the Blew Anchor in Cornehill neere the Royall Exchange 1647. July 8. 1647. THe Charge was presented to the House of Commons Tuesday the 6. of June by Col. Scroope Col. Okey Col. Hewson Col. Pride Lieutenant Col. Bowen Lieutenant Col. Goffe Major Rainsborow Capt Berry Capt. Clerke Captaine Carter Capt. Rolph Mr. Saxby and Mr. Gethings who attending at the Parliament Door were sent for in and standing at the Barre Col. Scroope spake to this effect That they were appointed by the Generall and the Army under his command to present to this Honourable House a particular Charge or Impeachment against severall Members thereof viz. Mr. Hollis Sir Philip Stapleton Sir William Lewis Sir John Clotworthy Sir William Waller Sir John Maynard Knights Major Generall Massey John Glynn Recorder of London Walter Long Esquire Col. Edward Harley and Anthony Nicoll Esquire and that in the name of his Excellency and the Army they did here impeach the said Members of high Crimes and Misdemeanours humbly tendering the same to this Honourable House Which being done the Speaker sent for the Charge by the Clerke of the House the Officers being desired to withdraw the Members impeached were sent for and the Charge read in the House but the debate thereupon was deferred till Thursday at which time the Officers attended and sent in and acquainted Mr. Speaker that they were at the doore for an answer that so they might give an account to the Army But other weighty matters taking up the day the House sent to informe the Officers that they resolved the debate upon the Charge on Fryday July 9. at whiah time they are againe to attend the House A particular Charge or Impeachment in the name o● His Excellency Sir THOMAS FAIRFAX and the Army under his Command Against Denzill Holles Esq Sir Philip Stapleton Sir Will. Lewis Sir John Clotworthy Sir Will. Waller Sir John Maynard Knights Maj. Gen. Massey John GlynEsq Recorder of London Walter Long Esq Col. Edw. Harley and Anthony Nicholl Esq Members of the House of Commons WHereas on the 15. day of June last the heads of a Charge were delivered in the name of the said Army unto the Courts of Parliament to be sent up to the Parliament against the persons above named Now in prosecution and maintenance thereof and according to the power thereby reserved it is in the name of the said Army more particularly charged against the said persons as followeth I. That the said Master Denzill Holles during the late Warre in prosecution of the evill designes expressed in the generall Heads or Articles formerly exhibited contrary to the trust reposed in him contrary to his Oath taken in June 1643. and contrary to the Ordinance of Parliament dated in October 1643. hath assisted the King in the late unnaturall Warre and held correspondence and intelligence with the Enemy against the Parliament in manner following viz He the said Master Holles being one of the speciall Commissioners for the Parliament to present Propositions of both Houses to the King at Oxford did privately and contrary to his Instructions at severall times make his addresses unto the Kings Party there then in Armes against the Parliament namely unto the Earle of Lindsey the Earle of Southampton the Lord Savill and others and did secretly plot and advise them against the Parliament and did intimate unto them or one of them That the said Propositions then sent unto His Majesty by the Parliament were unreasonable And the said Master Holles being demanded what answer he would advise the King to make to the said Propositions he the said Master Holles did advise that the King should demand a Treaty however and then declare how unreasonable the Propositions were and that yet for the peace of the Kingdome His Majesty would treat upon them but withall wished the said Treaty might be in London whither the King himself should come upon security And he the said Master Holles adding that there was nothing in the world that the violent party meaning the well-affected party to the Parliament against the Enemy did so much feare as his Majesties comming to London which would be a certaine dissolution of their Authority and Power And the said Master Holles bad those said persons or one of them assure the King that if His Majesty knew as much as he the said Master Holles knew His Majesty would take his Horse and be at London the next day or words to that effect And it being againe demanded whether if the King should be willing to come it would be accepted of he the said Mr. Holles thereto answered that certainly it would be much opposed but yet he the said Mr Holles was confident that he and his Party meaning some of the Members above-named and others should carry it and wished the King to put it upon that tryall And the said Mr. Holles was desired by the said Earle of Lindsey Earle of Southhampton and Lord Savill or one of them that he would be pleased to draw such an answer in writing to the said Propositions as he desired the King should send and the said Earle of Southampton who was that night to lye in the Kings Bed-Chamber would perswade the King to condiscend unto it and thereupon the said Master Hol●es withdrew and either the same day or the next day following the said Master Holles accordingly carried in his hand unto the said Lords or one of them a paper ready written which as he said was such an answer to the said Propositions as he had drawne for the King to send to the Parliament which was taken by the said Lords or one of them and carryed to the King to be considered of and so much thereof as advised the Kings comming to London was laid by the King fearing to adventure himselfe but the rest of the said Paper the Lord Digby who writ the Kings Answer to the Propositions made use of in the same words as the said Master Holles had set downe And the said Master Holles to ingratiate himselfe with the Kings Party did about the same time revile the well-affected Members of the House of Commons declaring unto the said Kings Party at Oxford or some of them that those well-affected Members which to render them the more odious as he conceived he named the violent Independant party had ill intentions and great aversenesse to peace and that nothing would be more pleasing to them then for the King to refuse the Propositions
how unreasonable soever the same were And he also then said That the Commissioners of Scotland were very weary of that violent party and that they being desperate to establish their Presbytery here as in Scotland made their addresses to him the said Master Holles and his Party All which tended to the protracting of the said late Wa●re and to the hinderance of an happy peace And the said Mr. Holles did also after that receive from the said E●rle of Lindsey at Oxford a Letter written in white Inke concerning some secret designe and kept it from the knowledge of the House from February till about July after when it was discovered by him that brought it but the Letter it selfe was by the said Mr. Holles after he had read it burnt and the said Earle of Lindsey moved the King for a Passe for the said Mr. Holles to goe to Oxford but the King refused to grant it saying That Holles did him better service in the Parliament then he could doe him at Oxford II. That the said Mr. Holles and Sir Philip Stapleton during the said late Warres when the Earle of Lindsey went from the Tower of London to Oxford sent severall Messages of intelligence to the Earl of Dorset and Lord Digby thereby assuring them that they the said Mr. Holles and Sir Philip Stapleton did better service for the King here in Parliament then they could doe him if they were at Oxford and the said Sir Philip Stapleton desired that the said Earle of Dorset would preserve him the said Sir Philip Stapleton and his friends in the good opinion of the Party at Oxford which was then the Kings Garrison and he the said Sir Philip would doe as much for his Lordship and his friends here with the Parliament And the said Mr. Holles and Sir Philip Stapleton the more to ingratiate themselves into the favour of the Enemy did of their owne accord without any direction of the Parliament draw up other Propositions then those mentioned in the preceding Articles which they affirmed were in their judgements fit for the King to grant and for the Parliament to desire and being so drawn up sent them privately to his Majesty without any Authority of Parliament to warrant the same III. That the said Mr. Holles Sir Philip Stapleton Sir William Lewis Sir John Clotworthy Sir William Waller Sir John Maynard Major Generall Massie Mr. Glyn Mr. Long Col. Edward Harley and Anthony Nicholl in the moneths of March Aprill May and June last past and at other times in prosecution of the evill designes in the severall generall Heads mentioned have frequently assembled and met together at the Lady Carliles Lodgings in White Hall and in other places with divers other Persons dis-affected to the State without any Authority of Parliament for holding correspondency with the Queene of England now in France and her participants with an intent by such secret and clandestine treaties amongst themselves to put conditions upon the Parliament and to bring in the King upon their owne termes and having a great power upon the Treasure of this Kingdome have therewith maintained and encouraged by Pensions and otherwise the Queens Party in Fran e thereby to beget a second and more bloody War in this Kingdome and they or some or one of them assured the Queene 40000. l. per annum if she would assist them in their Designe and that they would do more for the King then the Army would do and that they would finde out some meanes to destroy the Army and their friends IIII. That in further pursuance of the same evill Designes they the said Mr. Holles Sir Phillip Stapleton Sir William Lewis Sir John Clotworthy Sir William VValler and Major Generall Massie by the combination aforesaid within the space of three moneths last past without any Authority of Parliament invited the Scots and other Forreine Forces to come into this Kingdome in a Hostile manner to abet and assist them in the persecuting and effecting of their said designes And the said Mr. Holles very lately sent to the said Queene of England then and still in France advising her amongst other things speedily to send the Prince into Scotland to march into this Kingdome in the head of an Army and did send a speciall Messenger to her for such ends and purposes And the said Mr. Holles Sir Philip Stapleton Sir VVilliam Lewis Sir John Clotworthy Sir William Waller Sir John Maynard Mr. Glyn Major Generall Massie Mr. Long Col. Edward Harley and Anthony Nicholl have under hand of their owne accord without Authority of Parliament listed or caused or procured to be listed divers Commanders and Souldiers endeavouring thereby to leavy and raise a new Warre in this Kingdome to protect themselves in their unjust Oppressions and factious Designes and have at severall times within the space of two moneths last past invited encouraged abetted and counselled multitudes of Reformado Officers and Souldiers and other rude persons tumultuously and violently to gather together at Westminster to affright and assault the Members of Parliament in their passage to and from the House to offer violence to the House it selfe by locking the doore thereof upon them and so imprisoning them and by such violences outrages and threats to awe and enforce the Parliament V. That the said Master Holles Sir Philip Stapleton and Mr Glyn have be●n and are obstructers and prejudgers of severall Petitions to the Parliament for redresse of publique grievances and the said Master Holles and Sir Philip Stapleton in the moneth of May last past did abuse and affront divers Petitioners who in a peaceable manner then attended the Committee whereof Colonell Lee was Chaireman not onely reviling and reproaching them but violently haleing and boysterously assaulting them and offered to draw their swords upon Major Tuleday and others of the said Petitioners and without any authority or power committed Nicholas Tew one of the Petitioners and soone afterwards by the procurement of the said Master Holles and Sir Philip Stapleton and upon their mis-information to the House the said Major Tuleday and Nicholas Tewe were imprisoned not being permitted to speake for themselves and the said Master Glyn about three moneths since caused the said Nicholas Tewe to be imprisoned in Newgate and to be deteyned a long time there for no other cause but for having a Petition about him which was to be presented to the House VI. That the said Sir John Clotworthy Sir VVilliam VValler and Ma or Generall Massey have lately in prosecution of the said designes in the said generall heads mentioned against the knowne Lawes of this Realme and Rules and Articles of Warre made by Parliament by an Arbitrary power imprisoned some Members of the Army without any authority particularly Ensigne Nichols whose Pockets they without authority caused to be searched and severall papers to be taken from him contrary to the liberty of every Subject and caused him to be sent a Prisoner from the head Quarters to London without the
favoured the Independents under which name the said Lord of Inchequin hath comprehended all men that have shewed themselves opposite to tyranny and arbitrary government should have any trust or warrant there nay though they were of another judgement yet if they would not prosecute the Independents they should not be imployed there or words to that effect and under colour thereof the said Sir Hardres Waller and all others that formerly had had their Commissions from the said L. Lisle while he commanded were displaced to the discouragement of those other faithfull persons and to the Parl. and to the great disservice and danger of the losse of the Kingdome XV. That whereas a Committee of the House of Commons hath been lately appointed by the Parliament to consider of Propositions for the settling and preservation of Wales whereof the said Sir William Lewis and Master Glyn were and are Members and to report the same to the House They the said Sir William Lewis and Master Glyn with others of the said Committee did on the 30. day of April now last past without any authority of Parliament before any report made to the House of their own accord in stead of settling and preserving Wales order that all Committees for Sequestrations should forbeare all proceedings of Sequestration against all or any of the Inhabitants of Wales and although some few persons were upon general heads excepted Yet by vertue of that 〈…〉 peace and Commissioners of Association 〈◊〉 were as active in raising money and pressing men to serve against the Parliament as any others all the Commissioners of array that did or should at any time come in and submit to the Parliament or their Commanders in chiefe without any limitation of time all that had born Armes against the Parliament unlesse they were Governours and other Officers of war that held out some Towne Castle or Fort against the Parliament All disaffected and scandalous Ministers though in their Sermons they usually reviled and scandalized the Parliament and their proceedings calling them Rebels and Traitors and not only incensing the people aginst the Parliament but usually taking up Arms and leading their Parishioners in arms upon any alarum against the Parliament and many other desperate Delinquents have been and still are taken off and freed from sequestration and the said order was sent to every Committee in Wales in severall Letters contrary to severall Orders and Ordinances of Parliament and contrary to the rules of Justice and equity which should impartially be administred as well in Wales as in other places of this Kingdome whereby the ill-affected Gentry and Ministry of that Country are growne so high and insolent that honest men dare scarce live amongst them so as that which was intended by the Parliament to settle and preserve Wales is by the practice of the said Sir William Lewis and Master Glyn perverted to the danger and destruction of it XVI That the said Sir William Lewis and Master Glyn have further ingratiated themselves with the Delinquents of Wales and prepared them for their said Designes in manner following viz. he the said Sir William Lewis hath within two yeares last past countenanced and protected many of the most notorious and dangerous Delinquent within the severall Counties of South Wales namely the Lord of Carberry and others in Carnarvon-shire Master Carue and others in Glamo●gan-shire Master Morgan late Knight of the shire Master Iohn Herbert and others in Brecnock-shire Master Gwyn Master Lewis and divers others in Radnor-shire by freeing some of them altogether from compositions though Sequestred by labouring divers Members of the House and of Committees to be favourable in compounding with others and to admit of such to their Compositions as were uncapable thereof And the said Sir William Lewis hath animated and encouraged some of the said persons to continue their fidelity to the Kings cause promising them that if they would ingage their friends with the King for him he his would be their friends in the Parliament insomuch as his friends the Delinquents in those parts have lately looked upon him as a rising man when the King shall come to London which hath lately been their constant boasting And the said Sir William Lewis hath within two yeares last past caused divers that had been Commissioners for the King and had pressed men and raised money to promote the late warre against the Parliament namely his brother Master Thomas Lewis Master Gwyn Master Charles Walbiffe Master Meredith Lewis Master Edward Williams and many others to be Commissioners of the Peace and Committee men for the said County of Brecknock insomuch as those that have been most active and faithfull to the Parliament have bin and still are outvoted in those places and can doe no considerable service for the Parliament and the rather for that the said Sir William Lewis hath also procured one Edward Williams his owne Kinsman and one much disaffeected to the Parliament to be Sollicitor of Sequestrations in the said County who is hath been very remisse and corrupt therein And the said Sir William Lewis hath by the meanes aforesaid lately procured Master Edmond Lewis his Sonne though unfit for that imployment to be chosen and returned Burges for Brecknock which that he might the better effect he kept the writ for election of the said Burges above eight months in his own custody before it was delivered to the Sheriffe of the said County And likewise that the said Mr. Iohn Glyn within two yeares last past hath procured several persons that have lately beene Commissioners of Array and in Armes against the Parliament in Northwales viz. _____ and ●t●ers to be named in the Commissions of the peace for the Countyes of Denbigh and Carnarvon and other Counties there and to be put in other great place of trust and command there And amongst others Collonel Glyn his brother who was lately a Collonel in the Kings Army is by the said Master John Glyns procurement become Governour of the Town and Castle of Carnarvon and Admirall or Viceadmirall of the Irish Seas to the endangering of those Counties lying upon the Coasts towards Ireland and to the feare and discouragement of the well affected Inhabitants of those places XVII That the said Sir William Lewis being heretofore during these troubles Governour of Portsmouth a Garrison for the Parliament in which time he received much of the publike Treasure for which he hath not yet given an Accompt did while he was Governour there frequently hold correspondencie and intelligence with the Kings Party about the delivery up of the said Garrison insomuch as although Sir William Waller and divers others in that Garrison were proclaimed Trait●rs to the King yet he by the Kings speciall Command was spared the King affirming That the said Sir William Lewis was his Friend and that he was confident hee would doe him good service or to that effect And although he then was a Parliament-man and Governour of Portsmouth as aforesaid
and his estate in the said County of Brecknock being of the value of above 600. pounds per Annum was three years in the Kings Quarters yet the same was never Seqeustred And since the Parliament hath prevailed Collonel Herbert Price Esquire having been Governour of Brecknoc for the King against the Parliament being sequestred the said Sir William Lewis by his sollicitations to the Committee procured the personall Estate of the said Collonel Price which the Committee of the County had found out and caused to be brought to Morgan Aubrayes house in Brecknoc to be restored unto him without any satisfaction to the State and hath procured his the said Col. Price's lands in the said County of Brecknoc being worth about 300 pounds per Annum to be let to a friend of the said Col. Prices to his wives use at fifty pounds per Annum contrary to the directions of the severall Ordinances of Parliament made in that behalfe XVIII That the said M. John Glyn or some other person or persons by his direction consent or privity or to his use hath during his being a Member of the House of Commons taken rewards of severall persons for service done them in the House as namely amongst others divers Drovers from Wales who by his means and procurement had an allowance by Order of the House for three thousand pounds in satisfaction of losses they had sustained by the Enemy did pay unto the wife of the said M. Glyn the summe of an hundred pounds as a reward for his said service XIX That the said M. John Glyn as he hath been most active to bring into the Commission of Peace and into other places of Authority divers notorious Delinquents in North Wales as aforesaid so hath been as active as much as in him lies to put out and keep out of the Militia and Common-Councell of London and out of the Commission of Peace for Middlesex many eminent and faithfull men that have laid out their estates and adventured their lives for defence of the Parliament and City in the time of their greatest necessity namely Alderman Pennington Collonel Tichborne M. Estwick Mr. Moyer and others contrary to the Declaration of both Kingdomes which hath assured all lawfull favour and encouragement to those that have beene faithfull and shall so continue to the Parliament which doings must needs tend to the giving a fresh occasion and power to the Enemy against the Parliaments best friends to the dishonour of the Parliament and the indangering of the Kingdome XX. That the said Sir Philip Stapleton M. Hollis and Sir William Lewis have by their power and countenance as Members of the House of Commons both joyntly and severally used means to obstruct the course of Justice and have interposed themselves in severall Causes and by word of mouth moved and perswaded Judges and other Officers on the behalfe of such as they conceive to be their friends Amongst others whereas a great Cause was lately depending in the House of Lords betweene Alderman Langham and Captain Lymery and Counsell was met for the pleading thereof the said Sir Philip Stapleton M. Hollis and Sir William Lewis did repaire to the Earle of Rutland about the same and the said Sir Philip Stapleton told the said Earle that they meaning himselfe and the said M. Hollis and Sir William Lewis were fully satisfied concerning the Justice of Langhams Cause and therfore as the said Earle did respect them the said Sir Philip Stapleton M. Hollis and Sir VVilliam Lewis or expected from them he the said Earle of Rutland should give his Vote for Langham or used words to that effect which also was seconded by the said M. Hollis in words and agrreed unto by the said Sir VVilliam Lewis as appeared by his presence and gesture And the said Sir VVilliam Lewis did exercise the same power in a Cause of Iohn Gunters or others XXI That the said M. Anthony Nichols although about foure yeares since he was by the Committee of Priviledges voted that he was not a Member fit to sit in the House by reason his election was void yet he the said M. Nichols doth not only sit and Vote there as a Member but by his power and threats in the West-Countries and by his solicitations and indirected practises hath brought in or procured to bee brought in about twenty eight Members more out of Cornwall on purpose to carry on the designes and practises before mentioned and to make a faction in the said House and notwithstanding the selfe-denying Ordinance he the said M. Nichols doth still hold a place in the Tower formerly conferred upon him by the House and receiveth the profits thereof to his owne use XXII That the said M. Nicholls hath since his sitting in the House as aforesaid taken rewards for service done there namely whereas Sir William Vuedall Knight for deserting the Parliament and going to York with the King was suspended the House he the said M. Nicholls for the summe of one hundred pounds or one hundred fifty pounds paid unto him or to his use by the said Sir William Vuedall or some for him did by mis-informations to the House procure the said Sir William Vuedall to be re-admitted a Member of the said House and the said M. Nicholls while he was a Member of the Committee for safety he and others of the said Cōmittee having issued forth a warrant for searching Greenwich-house he the said M. Nicholls did under-hand acquaint one of the Queens officers therewith and thereby prevented the designe of the said Committee to the great disservice of the Parliament and Kingdome XXIII That the said M. Long at the beginning of the late warres not having courage sufficient to perform his duty in military affairs did out of covetousnesse or other unworthinesse procure a command of a troop of horse under his Excellency the L. Gen. the late E. of Essex but when ever his said troop came upon any service he the said M. Long out of feare or treachery unworthily absented himself and never was seen or known to charge the enemy in person though his troop often engaged namely at the battell at Edgehill when he saw there was like to be blowes he the said M. Long left the field and never charged before his Troop and at the battell or fight at Brainford though his Troop was there yet he staid at London till the danger was past and fighting done and when his Troop was sent into the West he took no other notice of it but to receive his pay and in the mean while he repaired into the County of Essex and procured a commission to be a Collonell of Horse and in stead of fighting against the Parliaments enemies he betook himself to plunder and oppresse the Parliaments friends there contrary to order and without any authority or exigencies of War compelling him thereto inforced great summes of money many Horses and other provisions from the Country namely from M. Tho. Manwood a man well affected who had the Generalls protection whose horses were taken from his plough and others to the great losses and oppression of the people and to the great dishonor of the Parliament whose service he neverthelesse neglected and hath not hitherto given an account of the great summes of money and other things he so exacted from the Country as aforesaid XXIV That the said M. Long afterwards upon pretence of some losses susteined by the enemy and some great service he had done for the State did procure of the House a great office in the Coancery namely to be the chief Register of that Court wherein his skill was little and whereof he was and is still altother uncapable and although for a time upon the self denying Ordinance he was displaced yet upon the motion or by the power and means of the said M. Hollis he hath obtained the same office to the great prejudice of skilfull Clerks that have been bred up in the same Court and to the disservice of the Common-wealth and the dishonor of the House XXV That the said M. Long on purpose to drive on the designes in the said generall Charges expressed hath for the space of two yeares last past usually pressed and urged severall Members to give their Votes such wayes as he pleased and to that end and purpose doth constantly plac himself neare the doore of the House that when any debate is concerning any designe wherein his party is ingaged he the said M. Long hath used much tampering and violence to such of his own party as wou●d go out of the House and hath perswaded them to continue there for their Votes and he the said M. Long in case any such have gone out of the House hath been very inquisitive where they may be found that so he may go for them when the businesse in debate comes near to be put to the vote and when they come not according to his expectation doth ordinarily run out of the House himself to call them and drive them in again that he hath beene commonly called by those that are without the House and have taken notice of his actions the Parliament-driver whereby the freedome of the Members is taken from them the māner of the Parliaments proceedings much scandalized and many times evill and dangerous designes drove on in a faction by Votes to the great prejudice of the Common-wealth All which matters and things the said Army shall and will be ready in convenient time to make good by proof upon Oath as his Honorable House shall direct And for that by reasn of the straightnesse of time and other more weighty Affairs of the Army they could not so fully finish and accomplish the said Articles therefore the said Army do still reserve further liberty to adde other Articles against the said Members or any of them at any time before their Triall as occasion ssiall serve By the appointment of his Excellency Sir THOMAS FAIRFAX and his Councell of Warre Signed John Rushworth Secretary