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A56146 The case of the impeached lords, commons, and citizens; truely stated Prynne, William, 1600-1669. 1648 (1648) Wing P3919; Wing P3920; ESTC R203222 15,856 24

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without any Order of the Houses the Lords House being then adjourned during pleasure where the Generall was set in a Chaire of State and received speciall thanks for this service from the Speakers in both Houses names who made him Generalissimo of all the Forces and Forts of the Kingdome to dispose of them at his pleasure made him Constable of the Tower Voted the common Souldiers one moneths gratuity for this service besides their pay left all their Guards to his disposing and to mock God as well as men Voted a publike day of Thankesgiving to be kept both in the City and throughout the Kingdome for their restoring the Parliament to its Honour and Freedome in this forcible and dishonourable manner not to be patterned in any age After which the Generall and his whole Army marched through the City in greater triumph and State then ever William the Conquerour or any of his successors did takes possession of the Tower turnes out the honest Lievtenant there who royally entertained him without any cause assigned displaceth most Governours in other Forts and Garrisons though setled by Ordinance and speciall Votes of both Houses alters the Militia of the City sets up a new Militia in Westminster and Southwark divided from that of London contrary to severall Ordinances and the Articles of the Treaty causeth the Line and Works about the City to be demolished drives away most of the Members by menacing Declarations procures an Ordinance by meere force and violence to passe the Houses declaring all the Votes Orders and Ordinances of one or both Houses from the 26. of Iuly to the 6. of August to be null and void which the Commons had foure or five times laid aside and refused to passe upon the question and then by confederacy with the fugitive Members procured the Lord Mayor and divers Aldermen and Citizens of London who had shewed themselves most faithfull and active for the Parliament all these Wars and done more service for them then any in the Army to be impeached of High Treason and shut up Prisoners in the Tower procures the Recorder Sir Iohn Maynard and Commissary Copley without any legall hearing or examination to be suddenly thrust out of the House and some other Members to be suspended and all those questioned who fate or Voted in the Speakers absence and no lesse then seven Lords viz. Theo●hylus Earle of Lincolne Iames Earle of Suffolke Iames Earle of Middlesex George Lord Berkly Francis Lord Willoughby Iohn Lord Hunsdon and William Lord Maynard who had ever adhered to the Parliament to be impeached of High Treason sequestred the House and committed to the black Rod who sate and Voted in the House in the Speakers absence by colour of a speciall Order made before their departure that every Member of the Lords House should there attend upon pretext that they had levyed Warre against the King Parliament and Kingdome When as they acted nothing but in the House or at the Committee of Safety and the Militia by expresse Order and Authority of both Houses for the Parliaments and Cities just defence against a mutinous and rebellious Army then marching up hostilely against them contrary to both Houses Votes and Orders without any authority but their owne This is the true state of the case of the impeached Lords Commons and Citizens who have been eagerly prosecuted by the Army and their Confederates in the House when those Malignant Lords who levied actuall warre against King Parliament and Kingdome exempted from all pardon heretofore by votes and Ordinances of both Houses as Traitors and publike Enemies to the Kingdome are suffered to go unprosecuted yea pleaded for in the Houses and permitted to walk freely about the City and repaire to the King in the Armies Quarters while these faithfull Lords Members and Citizens are shut up prisoners and prosecuted day by day without any proof or guilt to make good the Charge The sole question then will be who are the reall Traytors and actuall endeavourers or raisers of a new Warre against the King Parliament and Kingdome in this case whether the impeached Lords Members and Citizens or the Army and their Confederates and fugitive Members who excited them to march up thus to London against both Houses and the City without any Authority from the King Parliament Kingdome and Contrary to both Houses expresse Orders Letters and Commands Certainely if indifferent disinterested Members and Persons may be Iudges or Umpires in this case or the consciences of the accusers themselves may be Judges those Lords Members and Citizens listing and raising forces onely for their owne just and necessary defence by expresse Ordinances Votes and Orders of both Houses of Parliament was so farre from being high Treason or levying of a new Warre in them that it was a just necessary and lawfull in them both by the Law of Nature Scripture the Statutes of the Realme the practice and resolutions of both Houses and of the Army it selfe in their defensive warres against the King and his assailing forces and a duty to which their Covenant and publike Trust ingaged them unto under the paine of Perjury and Treachery both to the King taken violently by a commanded party out of both Houses custody and detained prisoner from them in the Army against their Votes and Commands and to the Kingdome Parliament and City to whose preservation and defence they had so many Obligations against a mutinous and rebellious Army marching up thus hostilely against them without any just ground or Authority at all but the executing of their owne treasonable plots and designes both upon the King Kingdome Parliament and City as their subsequent proceedings manifest And every Thiefe may as justly accuse each honest man of Treaand levying a new Warre if he both but provide and weare a Sword or Pistoll to resist him when he comes to take his purse or breake open his house as the Army and their Confederates may those Lords Members and Citizens of Treason and levying a new Warre by this provision of Forces and Armes to defend themselves in case the Army should violently affault the Houses or the City in a rebellious and hostile manner without shedding one drop of blood or marching out of their Lines to fight with them though they gave them just occasion and therefore Sir Thomas Fairfax and the Army in their Remonstrance of August 18. 1647. p. 19. 20. confesse ingenuously That if those pretended Votes Orders and Ordinances whereby War was levyed against those Members of both Houses who fled to the Army were then good when as they were made and valid though they should now be repealed yet WE with the SPEAKERS and those Members aforesaid in opposing of them while they were of force must needs remaine Transgressors still and yet God and wee are thanked for it To avoid which dangerous worke they forced the Houses by a more horried force then that of the Apprentices and this menacing Treasonable Remonstrance to passe an
Ordinance 20 August 1647 for declaring all votes Orders and Ordinances passed in one or both Houses since the force on both Houses July 26 untill the sixt of this present August to be null and void Of purpose to excuse themselves from this very guilt of High Treason in leying warre against the King Kingdome and Parliament which they would most injuriously fasten upon others who are innocent to evade their owne guiltinesse But neither God nor man will be long thus mocked or deluded by them and this present Age and all future Generations will conclude at last in despite of all opposite Powers and Evasions That the Generalls and Armies refusing to disband upon the Votes and Ordinances of both Houses seizing the King and rescuing him from the Commissioners of both Houses with an armed party marching up forcibly to London against the Houses expresse commands surprizing the Block-houses at Gravesend by force with the slaughter of some of the Garison there settled by the Houses falling violently upon Sir Robert Pyes men in their quarters and wounding some of them neer Greenwich where they were billetted by the Houses Order without any provocation impeaching and seizing on some Members of the Houses and carrying them Prisoners to the Head-quarters against their wills enforcing the Houses to null and repeal their owne just Votes and Ordinances recruiting the Army with many thousands of new Souldiers raising the Train-bands of the Countries marching up to London in a body seizing the Forts in Southwarke and Westminster coming in arms to the very Houses with the fugitive Speakers and Members putting a Guard of Horse and Foot of the Army upon both Houses threatning by force to keep divers Members out of the House and pull them out by head and shoulders if they presumed to intrude into them forcing away most of the Members from the Houses marching through the City in triumph throwing downe their lines and works seizing upon the Tower of London and the Isle of Wight beleagring the City and both Houses of Parliament of purpose to enforce them at their pleasure sending strange and treasonable Remonstrances and Papers to the Houses to passe contrary to their Votes and judgements and utterly ruining the Countrey with Taxes Free-quartering upon them against the Peoples wills and listing twice the number allowed by the Establishment when there is no apparent Enemy in the Kingdome nor Order of the House for such strange recruits their violent impeaching of these innocent Lords Members and Citizens and saying publikely in the Army and Houses That the longest sword must carry it and the Army will have this or that whether the Houses will or not and that we are all but their conquered Slaves and Vassalls and all we have is theirs having wonne it by the sword and the Speakers and Engaged Members Confederacy and Engagement to live and die with the Army in these their Treasonable proceedings is no lesse then High Treason in good earnest in them all and an actuall Levying of Warre against King Kingdome Parliament and City for which God and men will one day bring them to exemplary punishment if they unfainedly repent not of it and give some Honourable publike reparation to those Innocent Faithfull Lords Members and Citizens they have most falsly and injuriously impeached and imprisoned for those very Treasons and practises of which themselves are only culpable This being the true state of the impeached and imprisoned persons case we may justly stand amazed at the strange insolency and impudency of the Councel of the Army in their late Humble alias most arrogant Representation presented by some of them to the Houses of Parliament Decemb. 7. 1647. Who though in most of their former Remonstrances they had pleaded this to be the Hereditary Freedome of all Subjects since Voted by both Houses freely to Petition the Parliament without restraint as some of their fraternity have frequently done of late in a most seditious manner yet they fall pel-mel upon the Common Councell of London only for Petitioning the Houses for relief of their imprisoned fellow Citizens and on the Commons House and Members too in this most saucy language pag. 21. 23. And now also we must earnestly desire that the proceedings against those Citizens and others lately impeacht may be hastned and out of their fines and confiscations some part of reparation may be made to the Countries adjacent for the aforesaid damages which the crimes of those persons and others in the City did 1 first bring upon them And indeed without something done against those persons for example to others we do not see when it shall withdraw with what safety or freedome the Parliament can sit longer at Westminster especially when we find the Common Councell through the Parliaments and 2 Armies lenity to take the boldness already in the face of both to intercede for the relief and acquittall or rather justification of those impeached persons who indeed are but fellow-delinquents we doubt to most of that Councell as if that so actuall immediate and 3 horrid a force upon both and the whole Houses of Parliament and the levying of War in abetment and prosecution thereof and of that concurrent 4 Treasonable engagement were already forgotten by them to have been any crime the consideration whereof and of the renewed confidence of Master Gewen and some other Members of Parliament known to have been partakers if not principalls in the same things who yet 5 presume and are suffered to appear again in the House as in those things there had not been so much fault as to render them lesse worthy of continuing in that highest trust makes us begin to fear that while so much of the same leven through lenity and moderation is left behind is may shortly spread till even the 6 worst of the eleven Members notwithstanding their double crimes be again called for in unlesse the House by some exclusive resolutions and proceedings do timely prevent the same we hope therefore the Parliament will weigh these things and speedily ere it be too late consult at least their own safety and the Kingdomes if not ours and the Armies their poor servants and something concerned with 7 them especially in that affaire By this printed Passage the whole world may plainly discover the unparalled insolency malice injustice of the Saints and Councel of the Army who * exceed the very deeds of the wicked against the wrongfully impeached Citizens and Members whose principall Prosecutors and Accusers they are this Representation being sent of purpose to promote the Lords impeachment in the Commons House just when it was there debating though since laid aside for want of proofs and matter to make up a charge against them and yet they with the impeached Aldermen and Citizens must be still prosecuted imprisoned and not released nor the falsly impeached and suspended Lords and Commons re-admitted into the Houses for fear of displeasing the Generall and
Grand Councel of the Army who are really guilty of all the * Crimes and Treasons which they would falsly charge on these to excuse themselves and of Cornet Ioyce his matchlesse Treason in plundering the King out of the Parliaments possession whom yet they never questioned nor impeached for it If this be the justice and charity of those Saints the Generall and Councel of War who have not yet learned that lesson and common rule of justice from our Saviour Whatsoever ye would that men should do unto you even so do unto them for this is the Law and the Prophets Mat. 7. 12. Nor that lesson of Iohn Baptist a burning and shining light but yet no new one even to Soldiers themselves Do violence to no man neither accuse any man falsly Luke 3. 14. God deliver all honest and innocent Persons from such malicious prosecutors such unrighteous Judges and * men of violence But let this be these restrained Innocents cordiall and their Persecutors terror * Evill shall hunt the violent man to overthrow him His mischief shall return upon his own head and his violent dealing shall come down upon his own pate God hath spoken it in his word and it shall most certainly come to passe in his due time if they can but with faith and patience wait upon him till its accomplishment without fainting or despair Now because the Generall Councell and Army are so eager in pressing for justice upon some Members and the imprisoned Aldermen and Citizens pretending them guilty of the Apprentices force upon the Houses of which there is no evident proof to requite their kindnesses we shall evidently demonstrate there is greater cause for the Houses and City to crave justice against them as being far more guilty of forcing the Houses in a horrid and desperate manner then the Apprentices who so far they exceeded in these respects First they and the Army marched up in an intire body from their quarters towards London to force the Houses against their expresse Votes Orders and the Cities desires The Apprentices did not so having no command from either House not to repair to Westminster nor no Members sent to them as Commissioners to stay their march as the Army had whom no doubt they would have better obeyed then the Army did the Houses Commissioners Secondly the Apprentices were all unarmed without Swords or sticks in their hands and not above one thousand or two at most whereas the Army were all furnished with Swords Muskets Pikes pistols Armes Staves and a train of Artillery and marched up with Banners displaied in a body of fifteen thousand fighting men or more Thirdly the Armies force and violence proceeded from their own mutinous disposition and the personall malice of some of their chief Officers against the xj eminent Members and others who crossed their private designes without any just provocation or preceding president of such a force and rebellion in any other of the Parliaments Armies But the Apprentices force as it was successive too so it was encouraged and occasioned by the Armies to revive the Ordinance for the Cities New Militia passed by unanimous consent of both Houses when full and free which the Generall and Army had forced the Houses to repeal when thin and under their power and terror against the rules of Honour and Iustice before one quarter of the time for which they setled it was expired without any notice given to the City or new Militia or charge or exceptions against them to which they might make answer Fourthly the Generall Councel and Army in a forcible manner impeached divers eminent Members forced their withdrawing suspention and expulsion from the House and never desired till they had driven them out of the House and Kingdome which done they pressed a new purging of the Houses from many other Members under pretence of Malignancy and their compliance with the King and His Malignant party even when and whiles themselves were complying and holding Treaties with the Apprentices never impeached nor pressed the suspention or exclusion of any Members nor kept any one Member forcibly out of the Houses but onely kept most of them in till they had granted their Petition and repealed the Ordinances and Votes which the Army had forced from them some three daies before Fiftly the Army menaced and forced the Houses in and by sundry printed Treasonable Declarations Remonstrances Manifestoes Letters and Representations published to withdraw the City and Country from and animate them against the Houses and Members for divers weeks and monthes together and when their first Demands as Soldiers were all granted yet still they insist on new and Higher Demands as Subjects and Statesmen Whereas the Apprentices force was soon ended and they did no such thing and desired nothing but what immediately concerned the City and themselves Sixtly the Army and their Grandees by Letters and menaces induced and forced the Speakers and some Members contrary to their trust and duty to desert the Houses and repaire to the Head quarters and there to enter into a strange Engagement to live and die with them in their quarrel against the impeached Members and others who deserted not but continued in the Houses and the Citizens who adhered to them And by a Treasonable Declaration August 18. they declared all the Votes Orders and Ordinances made in both Houses without any force from Iuly 26. to August 6. to be null and void and by putting their own two armed Guards upon the Houses by a party of 1000 Horse drawn up to Hide Parke and with Cromwells Iretons and other Officers menacing high Speeches in the House they enforced the Houses against their former resolutions to passe an Ordinance to declare them null and voide threatning to take all the Members of both Houses that sate and voted in the Speakers absence as Prisoners of War to try them by Martiall Law and pull them out of the Houses by head and shoulders if they Presumed to intrude into the Houses c. By which occasion they forced away many of the remaining Members and by force obtained their desires The Apprentices never did any thing half so forcible and Treasonable as these matchlesse affronts and insolencies of the Army Seventhly the chief Contrivers and Abetters of the Armies violence and force against the Houses and Members were perfidious degenerated Members both of the Army and Commons House who acted and plaid their parts in both for their best advantage as Cromwell Ireton Rainsborough Harrison Fleetwood with other officers who received their Commissions and wages too from the Parliament and therefore were obliged more then others to obey and not thus openly to force affront and rebell against them Whereas none of the Apprentices were Members nor any of them in Commission or pay as Mercenaries or Servants to both Houses Their force therefore upon the Houses in these and many other respects being far more horrid and treasonable then the Apprentices and the occasion of theirs they ought in Law and Iustice to be first and most exemplarily punished the rather because they still persist therein even in this their last Representation of December 7. as high and treasonable as any of their former Papers whereas the Apprentices ended in few howers and was never since revived In brief their own dear friend Mr. Oliver St. John His Majesties Sollicitor Generall in his Argument of Law concerning the Act of Attainder of High Treason of Thomas Earle of Strafford at a Conference in a Committee of both Houses of Parliament published by Order of the Commons An. 1641. directly proves the General Lieutenant Generall Councel and Army more guilty of High Treason in levying war against the King Kingdome Parliament and now listing and quartering and sessing Soldiers upon the people in their own Houses against their wills since the Votes for their disbanding then ever Strafford was his Argument being an expresse Arraignment and Attainder of them and these their late proceedings ex post facto as those who shall review it will at first discern And if his Argument passe such a sentence against them the whole Kingdome cannot but judge them guilty FINIS * See their Declaration for disbanding the Army 28. May 1647. * The XI Accused Members Answer to the particular Charge of the Army p. 10. 11 12 13. A Vindication of 167 Officers come off from the Army The Agitators Letter to L. G. Cromwell March 30. The Armies Engagement * Of Iune 8. 10. 14. 17. 20. 23. 27. Iuly 1. * The Lord Mountagues Letter Narrative Iune 8 Mr Rymes his Narration to the House of Peers Iune 17. 1647. * See the Let●…r and Re●…onstrance ●…om his Ex●…llency and ●…e Army p. 9. 1 Rather the Armies Reb●…lion against the Houses 2 It seems the Army n●… rank themselves in equip●… with the Parliament and i●… their lenity not justice t●… we enjoy our lives and est●t●… 3 Your force upon the H●●ses and their Members was more horrid then the Appr●●tices yet continued even and in this Treasonable I presentation 4 Your Engagements no 〈…〉 disband c. were far m●●● Treasonable 5 It is more presumptio●… you and your Cromwell Ire 〈…〉 thus to tax the House Members then for these to●… in the House being not ●…peached and no such T●…tors as these your Grandee●… 6 The worst of them is betand honester then Cromwell Ireton or the best of you Put●cy projects be true 7 Onely the Speakers and ●embers who signed the En●●gement are concerned in 〈…〉 s aff●ire as well as you not 〈◊〉 Houses * ●…er 5. 28. * ●…ee the Pu●●… projects 〈◊〉 a word to 〈◊〉 G. Cromwell ●●ich fully de●●nstrate it * Psal. 140. 1. * Psal. 140. 11. Psal. 7. 16.