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A91317 A vindication of the imprisoned and secluded Members of the House of Commons, from the aspersions cast upon them, and the majority of the House, in a paper lately printed and published: intituled, An humble answer of the Generall Councel of the officers of the Army under his Excellency Thomas Lord Fairfax, to the demands of the Honourable Commons of England in Parliament assembled: concerning the late securing or secluding some Members thereof. Prynne, William, 1600-1669. 1649 (1649) Wing P4128; Thomason E539_5; ESTC R7280 23,082 37

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A VINDICATION OF THE Imprisoned and Secluded MEMBERS OF THE House of Commons From the ASPERSIONS cast upon them and the MAIORITY of the House in a paper lately printed and published INTITVLED An Humble Answer of the Generall Councel of the Officers of the Army under his Excellency THOMAS Lord FAIRFAX TO THE Demands of the Honourable Commons of ENGLAND in Parliament Assembled Concerning The late Securing or Secluding some MEMBERS thereof PSAL. 27. 5 6. Commit thy way unto the Lord trust also in him and he shall bring it to passe And he shall bring forth thy righteousness as the light and thy judgement as the noon-day LONDON Printed for Michael Spark an the blue Bible in Green-Arbour 1649. A Vindication of the imprisoned and secluded Members of the House of Commons from the Aspersions cast upon them and the Majority of the House in a Paper lately printed and published Intituled An humble Answer of the Generall Councel of the Officers of the Army c. to the Demands of the Honourable the Commons of England c. AFter our being secluded and some of us imprisoned and detained from our Service in the House of Commons of which we are Members now for above six weeks space finding a paper published in print against us wherein we are reproached with the names of Traitors Apostates Self-servers corrupt Members and divers other aspersions of the like nature charged upon us We are enforced for our Vindication and which is dearer to us the Vindication of the Freedom and Honour of the Parliament and for preventing the matters suggested against us in that Paper from abusing those by whom we are entrusted who might judge us guilty if should be silent to make this ensuing Answer to that paper In the Preamble of this Answer by way of Accompt concerning the securing some Members and secluding others It appears by the Proposals of the sixth of December the late Declaration and Remonstrance therein cited That this designe to break the House by force hath been long since plotted and contrived though not executed untill now Which Action the General Councel of the Army in their Answer say We acknowledge it to be a Course in it self irregular and not justifiable but both by honest intentions for publick good and an extraordinary Necessity for the same end leading us thereunto These being the two pillars upon which is laid the whole weight of the justification of the Army in this extraordinary and we beleeve unparallell'd course of proceedings We shall apply our selves to discover the weaknesse and unsoundness of them both For our more clear proceedings herein we shall first state the Case which is endeavoured by this paper to be justified They are an Armie raised and formed by Ordinance of Parliament of the 15 of February 1644 for the defence of the King and Parliament and true Protestant Religion the Laws and Liberties of the Kingdom and to be from time to time subject to such Orders and Directions as they shall receive from both Houses of Parliament And for that end they stand commissionated by them and receive pay from them at this day And besides the Trust they hereby have assumed they are under the obligation of a solemn Covenant sworn to Almighty God That they will in their places and callings with sincerity reality and constancy with their estates and lives preserve the Rights and Priviledges of the Parliament and the Liberties of the Kingdome and defend the Kings person and Authority in the defence of the true Religion and Liberties of the Kingdom They being under these Trusts and Obligations by and to the Houses with their Arms contrary to their Orders marched into Westminster and without any order from them they placed some of their Regiments at and about the door of the House of Commons upon the sixth and seventh of December last and there with a List of the names of divers Members of the House their Officers and Souldiers appointed for that purpose forcibly secluded some seized upon imprisoned and detained others from their attendance of the House and occasioned many others to absent themselves The Question now is Whether any thing in this paper can justifie this Action of theirs either upon the good Intentions or Necessity pretended therein This being the point in Issue which they affirm and we deny We shall now proceed to consider their grounds For their good Intentions which cannot be known to us but by their expressions and actions they referre us to their Proposals Declarations and Remonstrances where wee finde their desires are to take away the Kings life to take away the lives of the Prince and the Duke of York at least to dis-inherit both them and all the Kings children to put a period to this Parliament to set up a new Representative which takes away all Parliaments to have an elective King if any These are the intentions for publick good which must come in to help their actions that are confessed to be otherwise irregular and unjustifiable We think the very naming of them doth manifest that they are apparantly against the Laws of God and the Laws of the Kingdom under which they live and have no justification for themselves much lesse any to spare for their actions whereof we leave the whole Kingdome for whose good as said these Intentions are to be judges And we shall produce no other witnesse to prove this but themselves On the 15 of November 1647 the paper called The Agreement of the people which is somewhat lower then these which they call Intentions for publick good was condemned by the Army the promoting of it judged capitall Colonel Rainshorough and Major Scot complained of by them to the House for appearing in it and the paper it self then adjudged by the House destructive to Government and the being of Parliament And upon this their evidence against themselves we leave this point And to proceed to the other ground of their justification viz. Extraordinary Necessity which is laid down in their paper thus After they have brought in their good intentions for their justification and what those are we have cited out of their own papers to which they refer us it is then added And an extraordinary Necessity for the same and leading us thereunto It appears in the first opening of this necessity of what nature it is that tends to such ends as they referre it But for the better disquisition thereof before we come to the particulars to set forth this necessity in this paper we shall lay down some generall Observations and Conclusions concerning this their Plea 1. The Army made the very same plea of extraordinary necessity in their Remonstrance June 23. 1647 that now is made in this paper upon quite contrary grounds then what they expresse now and both to justifie the same extraordinary violent proceedings against the Parliament differing onely in degrees this later worse then the former Then when the King was seized upon by a party of
have alwayes desired from our hearts and souls manifested in our actions and proceedings and severall humble Petitions and Remonstrances to his Majesty professed our loyalty and obedience to his Crown redinesse and resolution to defend his Person and support his Estate with our Lives and Fortunes to the uttermost of Our Power c. A Declaration of the Lords and Commons in Answer c. Concerning the Allegations that the Army raised by the Parliament is to murther and depose the King We hope the Contrivers of the Declaration or any that professeth but the name of a Christian could not have so little chari●y as to raise such a scandall especially when they must needs know the Protestation taken by every Member of both Houses whereby they promise in the presence of Almighty God to defend his Majesties Person the Protestations made by the Members of both Houses upon the nomination of the Earle of E●●ex to be Generall and to live and die with him is exprest that this Army was raised for the defence of the Kings Person In the Solemn League and Covenant for Reformation and defence of Religion and honour and happinesse of the King Thus Having before our eyes the honour aend happinesse of the Kings Majesties Person and his Posterity We shall sincerely really and constantly through the grace of God endevour in our several places and callings to preserve and def●nd the Kings Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdom that the World may beare Witnesse with our Consciences that We have no thoughts or intentions to diminish his Majesties just power and greatnesse c. And it appeared not unto V● to be consistent with the publike Faith of the Houses in those Decl●rations nor with other obligations which We have laid upon our selves by these Oa●hes Covenants Prote●●ations to hazard the deposig of the King from his Crown dignity much lesse the losse of his Life upon the making of a breach upon the matter in difference 2. We could not but foresee the apparent losse of the Kingdom of Ireland and extirpation of English Protestants and of the Protestant Religion out of that Kingdom into the hands and power of Pa●ists in Arms there We cannot but believe our tendernesse to make a breach of proceeding out of hearts desire to relieve and preserve the remnant of those poor Protestants which otherwise are like to be a prey to the Popish Rebels who are not satis●ied with the lives of many thousands of Innocents whom they have already murthered will justifie Vs before God and Men for what We have done in endeavouring to lay hold upon the grounds given Vs towards the settlement of Peace 3. We could not but apprehend with fear the great advantage to the Popish and Forraign Interests and the disadvantage to the Protestant Cause in this Kingdom and throughout the World by a breach The Prince and Duke of York the two next Heirs to the Crown and Government of three Kingdoms both in For●aign par●s and under the 〈◊〉 direction If the Warre be stilll continued by the Parliam●n● upon the matter in differenc● it may be feared the Prince may marry with the daughter of a Popish King ostrengthen himself both at Land and Sea by Forraign alliance to which the right of his Inheritance to three Kingdoms is a faire invitation unto which the Popish Interest in Ireland prevailing giving such an advantage together with the assistance of the Papists in this Kingdom what can be expected for Vs but to be certainly the the Seat of Warre and in great danger to be brought under a Popish yoak which We beseech Almighty God to keep us from 4 It is obvious that a breach made at this time upon the grounds afore-mentioned as it will divide Vs amongst our selves hazard the losse of Ireland so it is like to lay a foundation of a perpetuall breach betwixt these two Kingdoms of England and Scotland If there should bee any thought of change of Government here how contrary are their declared Principles both of their State and Church thereunto The King of England is King of Scotland and they are under Allegiance and Covenants for the preservation of the Kings Person and his Posterity as well as We What diff●rences are l●ke to ensue betwixt the Kingdomes by Government against Gov●rnment perhaps Title against Title and one Kingdom against the other And this Kingdom being the more wealthy most probable to bee the Seat wherein all the Tragick Sceans and contentions betwixt both Kingdoms shall bee acted what have We in reason or conscience before God or Man to beare us out against these many and Eminent hazards Wee had consideration of the vast debts which the Kingdome lies under and for which the Publique Faith stands ingaged Of which wee see no hope of payment but by a settlement What vast summes of money are owing to this Army and to all the Souldiers in the Kingdom What multitude of extream sufferers in this City and in every County of the Kingdome by what they have lent to and lost for the Parliament Who by the continuance of the Warre are onely like to bee paid with more sufferings and exactions upon what is yet left them and every yeers Warre is like to make new Malignants through discontenting pressures destroy more families increase the Publique debt to be paid and withall increase the Kingdomes wants and make it the lesse able to pay untill at last the Souldier seeing no hope of Pay the People no hope of Peace but generall and desperate tumultuousnesse fall amongst both by laying hold of what is now agreed might bee prevented the King having agreed to what is satisfactory for the payment of Publique debts and damages which yet may in good measure bee performed to satisfie the Souldiers Lenders and Sufferers and ingage them to the interest of our Peace Lastly when we cast our Eyes upon all parts of the Kingdome the present scarcity in the Countries the povertie and disorders in our Cities or when wee look at Sea and behold our Navy divided our Merchants robbed our Trade decayed confusion threatning us on every side These made our bowells yerne within us and call aloud upon us to improve the season and advantage offered by this Vote Before wee conclude this point wee must give Answer to an objection which they insinuate to aggravate the passing this Vote by us in these words Viz. Although the King had finally denyed such things from some of which by their Covenant whereto they had pretended so much zeal and from others by their Publique Faith given they were obliged nos to recede By Which this Paper seems to glance at the Proposition for abolishing of Arch Byshops Byshops c. For sail of their Lands and for settling the Presbyterian Government We cannot but observe its said their Coven●●t and not the Covenant to which they pretended so much zeal Is
obtained and enjoyed in the times of peace The usuall means whereby any of the Kings of this Land have made encroachment upon the good Laws granted to the people and their own agreements have been either by placing corrupt Judges or other Ministers in the Courts of Justice Who though they could not abrogate the Law yet they have made it speak against it self and their good for whom it was made or else by the power of preferring corrupt Courtiers to honour and profit to stop the course of Justice by the Councell-Table for a time Both these meanes are taken away from this King by what is agreed on in this Treatie The first in the Proposition placing the choice of Officers in the Parliament whereby as they have the Lawes they desire so they have the choice of the Judges and Officers that must administer them And the second in the Proposition barring the King from making any new Lords for the future to Vote in the House of Peeres without the consent of the Houses Which are a strong security against a politicke as the M●litia in the Houses is against a forceable breach of this Agreement Lastly we say That it cannot be expected of any Agreement should be made for peace settled after such a Civil War without some hazard of violation or interruption But whether the hazards and dangers be a breach upon such termes as are now in difference betwixt the Houses Propositions and the Kings answer be not more and greater and whether in case endeavours should be used hereafter to violate this agreement the Parliament might not then with more Justice and greater advantage draw the Sword then they can now keepe it unshathed upon the matter in difference Wee leave it to all sober minded men to judge And to what is said That they wanted not good intelligence that had they been suffered to meet all in the House but once more it was designed to have passed some higher resolutions to lay further foundations of such new quarrell so as to carry therein the name and countenance of Parliamentary authority together with the Kings and acceptable pretence of peace to draw men in and then to have adjourned the Parliament for a long time the exclusion of all remedy in the case but by another Warre Wee say the House at the passing Vote upon the Kings Answers immediately appointed a Committee to goe to the Generall and conferre with him and the Officers of the Army to keepe a good understanding betwixt the House and the Army Which shewed the full intent of the House to proceed by all amicable wayes with them not by force but by reason Which they were so far from attending unto as in duty and conscience they ought to have done and to which the Lord Generall promised his readinesse however it was hindered afterwards That they seized upon one of the Commissioners appointed to Treat with them affronted another of them and left no way for any conference that might have given them the the grounds of the Houses proceedings which gives grounds of suspi●ion that they were resolved to do what they had designed whatsoever the Houses had endeavoured to the contrary Thus we have the more largely opened the thoughts of our hearts for their satisfaction if it be possible and especially for the satisfaction of those that intrusted us in what we have done upon the result of this Treaty and in passing that Vote D●●●mb 5. That the Answers of the King to the Prepositions of both Houses are a ground for the House to proceed upon for the settlement of the peace of the Kingdome for which wee are charged to betray our Trust to bee selfe-servers to complect her in our wicked designs and the like For betraying our Trust as our faithfulnesse hath appeared by our services and sufferings so wee hope it will not be accounted belonging our Trust to endeavour the obtaining of a just peace and for serving our selves our owne hearts beare us witnesse that wee had not respect in this Vote or any private byasse towards our selves so all that know what threatnings were cast into the House in the Anmi●s Remonstrance and Declarations in the entrance upon this debate what power of the Army was then in this City what Language was commonly spoke amongst the Souldiers what Guards we then had will judge that we had more cause to be byassed by fear● from doing our duties then at that time to thinke to serve our selves by such a vote as this to which nothing but the forceable impulse of our consciences for the discharge of our duties could have led us And we now appeale even to the Consciences of those even the Army themselves although Souldiers whose advantages arise by Warre are not altogether the most competent Judges of constitutions for peace Whether this were to bring in the King upon his owne Termes or upon the Kingdomes Termes Whether the sixt and last particular of their account be ground of necessity to warrant their extraordinary course in secluding us from the House carrying us along the streets of this City by their Souldiers as if wee were their Captive slaves and to imprison our persons and reproach our names And to what they say in the close That these Members who are yet detained in custody they are either such who have beene formerly impeached and in part judged by the house for Treason and other crimes and never acquitted and against whom they can and very shortly shall produce new matter of no lesse Crime or else such who have appeared most active and united in Councells with them against whom also they are preparing and shall shortly give matter of particular impeachment Wee say as wee doubt not but by what wee have said already wee yet stand cleare in the judgements of all men that are guided by the Rules of Religion Lawes or Reason so when all or any of us know what are those new Crimes they say they can charge some of us with and what those charges are they say they are preparing for others and when we know who those some and others are we doubt not but they will make their innocency and integrity appeare against those Crimes and Charges which they have either in pretence or in preparation against them Lastly the Army who hath done this against us and have strengthened their hands to pursue it say they appeal● to God And wee also appeale unto God who is our strength and besides him wee have none other to cleare our innocency and protect us from violence If in what we have endeavoured wee may bee instrumentall to the settling of this Kingdom in a safe and well grounded peace wherein truth and righteousnesse may flourish If we may contribute to the saving of Ireland the Union betwixt the kingdomes of England and Scotland the peservation of the Parliament the Government and Lawes of the Land the true Protestant Religion and the Liberties of the people wee have our hearts
desire But if instead of Union and Peace in the three Kingdomes the seeds of a longer and more wasting Warre is sowne if in stead of Reformation of Religion 〈…〉 and 〈◊〉 〈…〉 and that Government by the Sword instead of Law slavery and 〈◊〉 instead of Liberty b●● our portion at the end of six yeares warre which we tremble to thinke of wee shall humbly submit to the mighty hand of God who in Judgement for our sinnes and the sinnes of the Nation reacheth out this cup of his sore displeasure to us And in the midst of the greatest troubles have this to comfort us that we did our endeavours according to the best of our judgment and consciences towards the prevention thereof and for the settling this Kingdome in a safe and well grounded 〈◊〉 A List of the Imprisoned and Secluded MEMBERS Imprisoned MAj. Gen. Rich. Browne Col. John Birch Thomas Boughton Esq John ●ulkley Esq Francis Buller Esq Sir Henry Cholmeley Sir John Clotworthy Commissary Lionel Copley John Crew Esq Francis Drake Esq Sir Walter Earle Knight Nathanul ●ines Esq Sir Gilbert Gerrard Baronet Francis Gerrard Esq Thomas Gewen Esq Giles Greene Esq Sir Harb●t Grimstone Baronet Sir Rob. Harley Kn. of the Bath Col. Edward H●rley Sir Anthony I●by Knight Richard Knightley Esq Sir Martin Lister Knight Major Robert Harley Col. Edward Leigh Thomas Lane Esq William Lewes Baronet Sir Samuel Luke Knight Major Gen. Edward Massey Sir John Merrick Knight Sir Richard Ane●●●e Knight Henry Pelham Esq William Priestly Esq William Prynne Esq Sir Robert Pye Knight Sir Benjamin Ruddyard Knight Sir Thomas Soam● Knight Edward Stephens Esq Col. William Strode John Swinfen Esq Charles Vaughan Esq Edward Vaughan Esq Sir William Waller Knight Clement Walker Esq Thomas Viscount W●nman William Wheeler Esq Secluded Mr. P●regryne Hobbye Mr. John Holcroft Mr. George Horner Mr. Thomas Hodges Mr. William Jones Col. William Jepson Sir Norton Knathpole Mr. James Cambell Mr. Capell Luckinge Sir Martin Lumley Mr. Cha. Pym Mr. Henry Peck Sir John Pagrove Sir Philip Parker Sir William Playters Mr. John Pelham S●r Thomas Pelham Sir N●vile P●●i Mr. Edward Pool Sr. Edward 〈◊〉 Sir Thomas Parker Mr. Tho. Povy Mr. Henry Oxenden Mr. Arthur Anes●●o Mr. Arthur Owen Sir Dudley North Sir Robert Needham Mr. John Nash Sir Nicholas Martin Sir Tho. Middleton Mr. Tho. Middleton Sir Oliver Luke Sir William L●tton Mr. Henry Lucas Sir William Lister Mr. John Ash Mr. Robert Packer Mr. John Harris Sir John Seimor Mr. Samuell Vassall Sir Robert Napper Sir Roger North Mr. Tho. Grove Mr. John Selman Mr. Herbert Hay Mr. Robert Genner Sir John Burgen Col. John Barker Mr. John Nelthorpe Mr. William Outfield Mr. William Ellis Mr. Edward Wingate Mr. John Whadden Mr. Thomas Wa●●r Sir Richard Win Mr. Richard Winwood Sir Edward Askew Sir Ralph Ashton Mr. Mathew Allen Mr. John Alford Mr. Michael Bi●ulfe Mr. Peter Brooke Col. ●●hn Booth Mr. Mor. Bartow Mr. John Buller Sir Ambrose Brown Sir Thomas Trever Mr. Sim. Thelwell Secluded Mr. Thomas Thinn Sir John Temple Mr. Thomas Temple Mr. John Thomas Mr. Samuell Terrick Sir Humphry Tufton Mr. Edward Thomas Sir John Corbet Edward Lo. Clinton Sir John Curson Sir Thomas Dacres Col. William Davies Mr. John Dodrigde Mr. Thomas Earl Mr. William Edwards Mr. Charles Rich Sir William Spring Mr. Simon Snow Mr. Thomas Sands Mr. George Scut William Lord Fitz-William Mr. William Hoxwist Col. John Floid Mr. Richard Gennings Mr. Thomus Gell Mr. Francis Gawdey Mr. Samuel Gardner Mr. Henry Hungerford Mr. Denzill Ho●lis Sir Francis Hollis With sundry others driven away Imprimatur Joh. Langley Jan. 20. 1648 9. FINIS 2 Sam. 21 2 3. Page 143. Page 663. 664.