Illegal Proceedings Against the 11 Impeached Members, Text
A DECLARATION of the Officers and Armies, Illegall, injurious, proceedings and practiſes againſt the XI. impeached MEMBERS: (Not to be parallel'd in any age) and tending to the utter ſubverſion of free PARLIAMENTS, Rights, Priviledges, Freedome, and all Common Juſtice. And to Introduce a meer Arbitrary Power in the very Higheſt Court of Iuſtice.
LUKE 11. 17. A houſe divided againſt a houſe, falleth.
LONDON, Printed in the Year, 1647.
A Declaration of the Officers and Armies illegal, iniurious proceedings and practices againſt the XI. impeached Members, (not to be paralel'd in any age) tending to the utter ſubvertion of Parliaments Rights, and all Common Juſtice, &c.
IT is related by many of our *Hall, Hollinſhead, Stow Speed, Anno 32 H. 8. Dr Saunders, Sir Edward Cook 4 Inſtit. p. 37, 38, 39.Hiſtorians, That Thomas CROMVVEL (newly created Earl of Eſſex) ſuffered death and loſt his head, being attainted of High Treaſon in Parliament, and never called legally to his Anſwer, by a Law which he himſelf had procured; to ſuſpend from and attaint others in Parliament, upon meer general accuſations, without particular proofs and before any anſwer given; which illegal arbitrary new invention of his (to prejudice other Members,) proved another Perillus Bull to himſelf, he being the firſt man that ſuffered by it, upon a meer general Charge of Hereſie and Treaſon: This perillous preſident as it ſhould admoniſh ſome of his name, and all other Officers, Members in the Army or Houſes, to beware how they give the leaſt way to any ſuch arbitrary unjuſt general Charges, Suſpenſions, Proceedings againſt any man, eſpecially perſons or Members of eminency and power; it being a memorable Maxime of a moſt learned *Sir Edw. Cook 4 Inſtit. p, 37.Judg and experienced Parliament-man in his Treatiſe concerning The High Court of Parliament, (lately printed by the Houſes ſpecial Order) That the more high and abſolute the Juriſdiction of this Court is, the more juſt and honorable it ought to be in the proceeding, and to give example of Juſtice to inferiour Courts; (uttered upon the occaſion of the Lord Cromwels attainder, and the irregular proceedings therein, which he deſired to be buried in perpetual oblivion:) So it may ſerve as a moſt apt Paralel to demonſtrate to all the world the illegallity and arbitrarineſs of the Officers and Armies preſent Charge and Proceedings againſt the XI. accuſed Members, wherein Lieutenant General Cromwel (as is evident by ſundry printed Papers and Letters) hath none of the leaſt (and ſome ſay the grea…eſt) hand; whom this preſident ſhould ſpecially diſ-engage from ſuch a proſecution, the unjuſtneſs whereof will appear to all men by theſe particulars.
1. By the generallity 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 wil undertake at their perils to make it good, or elſe to give the accuſed Members and Houſe due reparations if they fail to do it: contrary to the *Aſhes Tables Title Appeals and Approver Raſtal, Tit. Accuſation, 23. E. 1. c, 13.Common and Statute Law of the Land.
2. By the *1 Cor. 14. 8. 25. H 8 c. 14. 25. E. 3. Stat. 3 c 9. Co. 4. rep. 40.uncertainty and generallity of the Charge it ſelf, in meer general and ambiguous terms; to which the parties accuſed can give no anſwer, nor make any defence: and thereupon voted inſufficient by the Houſe 25. Junii: to charge or ſuſpend them by the Law of the Land.
3. By the multitude and quality of the parties impeached; no leſs then XI. Members at once, all men of approved integrity, fidelity and abilities, who have acted and ſuffered much for the Parliaments and peoples liberties: Mr Denzel Holles, the firſt of them, was long impriſoned in the Tower by the King for his faithfulneſs and activity in the Parliament, 3. Caroli: for which good ſervice, ſome of his Accuſers & the whole Houſe of Commons lately voted him, a large recompence, (againſt thoſe who wronged him) as a perſon of eminent deſert: Beſides, he was one of the fiv… …mbers impeached, demanded by the King, and juſtified by the whole Houſe, for his faithful ſervice to his Country, ſoon after the beginning of this Parliament; yea, his and his Regiments valor and gaſlantry were the principal inſtruments under God (of all the Foot) that gained the field at Edg-hil battel; and after that made good Brainford, againſt the Kings whole Army, and thereby preſerved the Artillery, Magazine and City it ſelf (at that time) from ſurprizal: Since which he hath been imployed in Committees, Treaties and affairs of greateſt truſt, which he hath managed with great fidelity and applauſe: and yet now muſt be blaſted with a *The main Particulars now charged againſt him have bin fully examined and he cleared of them by the Houſe long ſince.ſcandalous and illegal general Charge. Sir Philip Stapletons gallantry in the field in all the Battels fought by the Earl of Eſſex, with his good ſervices in the Houſe, in Scotland, at the Committees of ſafety, and both Kingdoms, are ſufficiently known to all men: y…t now they muſt be rewarded with a malicious Impeachment. Sir William Wallers gallant exploits in Suſſex, Wales, and the Weſtern parts with an inconſiderable force, for which he was highly honored, and his diligence in the Houſe and higheſt Committees, to do his Country ſervice, muſt now be all ecclipſed with an uncertain defamatory Impeachment, becauſe he would not be hired to turn Independent: It is very well known to all the Kingdom, that Major General Maſſeys valorous defence of Gloceſter againſt the Kings whole Army, after the cowardly ſurrender of Briſtol to Prince Rupert by an Independent, was the principal means of ſaving the Parliament, City, Kingdom from utter ruine and conqueſt by the Cavaliers: yet he muſt be now impeached and ſuſpended the Houſe by the power of an Army, when the Independent condemned to loſe his head for high Treaſon againſt the Realm in ſurrendring Briſtol (to the lofs of all the Weſt and Kingdoms hazard) muſt be continued in the Houſe, as an untainted Member fit to be theſe Members Judge. Mr Walter Long's Impriſonment and ſufferings for the priviledges of Parliament in 3o Caroll, for which he was lately voted reparations, and his diligence in the Houſe, are known to moſt. Sir *Who hath long ſince given a moſt exact Account for Portſmouth certified by the Committee of Accounts and allowed by the Houſe and yet is charged for not accounting.William Lewis, Sir John Clotworthy's, and Mr Nichols reſpective abilities and ſervices in the field, Houſe, Army, Ireland: Mr Recorders activity in the Houſe and City for the publick ſafety: and Colonel Edward Harley's ſervice in this very Army, and under Sir William Waller, plead ſtronger for their Innocency, then the Armies Charge for their Guilt: and yet they muſt now be aſperſed and ſuſpended the Houſe, before particular proofs of any guilt, and Mr Nichols election (above 6. years ſince] ordered to be reported for want of other matter, to turn him out of the Houſe. And Sir John Maynard, only for oppoſing the Fenne proiect wherein L. G. O. C. is ſo deeply ingaged, muſt be added to the number and ſuſpended. Theſe XI. muſt be all impeached, ſuſpended without cauſe, at once, only to *This is confeſſed in divers late printed Papers to be the Plot and real cauſe of their accuſation.weaken the Presbyterian party, that ſo the Independents might over-vote them (as they have done ſince at pleaſure) when as the King himſelf was ſo modeſt as to impeach but five Commoners at once, to ſtrengthen his party, or elſe the Army wil not be ſatisfied but march up hither.
4. By their violence to have them ſuſpended the Houſe before any real particular Charge or proofs produced againſt them; threatning by their Remonſtrance of June 23. in caſe the Houſe would not ſuſpend them (againſt all Law and Iuſtice upon their illegal impeachment) that they ſhould be enforced to take ſuch courſes extraordinary (for their ſuſpention and apprehention, if not aſſaſſination) as God (who certainly wil give them no directions in ſuch an unjuſt proſecution but only to repent of it) ſhould enable and direct them unto, wherein they far exceeded the Kings proceedings againſt the 5. Members; who in five days after retracted An exact Collection p. 35. to 55.all his Charge and proceedings againſt them, and never proſecuted their ſuſpention from the Houſe, which the Army preſs and reiterate again and again.
5. By their unjuſt and unreafonable demands after the Houſe had Voted; June 25. That it did not appear that any thing had been *This Vote acquits them from moſt of the paticulars in their Cod…gedone or ſaid by them in the Houſ, touching any matters contained in the Papers ſent from the Army, for which they could in juſtice ſuſpend them. And that by the Law of the Land, no judgment could be given for their ſuſpention upon thoſe Papers, before particulars produced and proofs made: in their Manifeſto from Ʋxbridg, June 27. wherein they not only ſlight and tacitly cenſure theſe Votes as unjuſt, and contrary to preſidents; but likewiſe moſt injuriouſly and unreaſonably preſs: the delaying of the particular Charge and proofs to be brought in againſt them; til the greater and more general matters of the Kingdom propoſed by them, be firſt conſidered of and ſetled: and that in the mean time, theſe Members (who in modeſty only, and to give them ſome fatisfaction in their unreaſonable demands deſired leave from the Houſe to withdraw themſelves for a time) may by the wifedom and juſtice of the Houſe be excladed and ſuſpended from entring into it again (in caſe they forbear not of their own accord) til the general affairs of the Kingdom be ſetled (from the honor whereof they would totally exclude their preſence and Votes contrary to all reaſon and equity, after their general Charge Voted to be inſufficient for their ſuſpention) and til the matters concerning them be heard and determined, when the Houſe ſhal judg it more ſeaſonable and ſafe then now. A meer equivocating ſhift ard New found divice, which all honeſt, juſt, conſcientious perſons muſt deteſt and proteſt againſt, and more eſpecially the Countres and Burroughs for which thoſe worthy Members ſerve (who ought unanimouſly to Petition the Houſe therein, as an oppugaing of the Rights of Parliament, and great injury to them, by whoſe choyce they were preſented to the Houſe, as the County of *An exact Collection p. 50.Buckingham did the King, in the caſe of M. Hamp…en) to deprive t e Houſe and Kingdom of the benefit of their faithful Votes and adviſe, without and before any legal Charge or proof produced; and to …a…s ſentence againſt them as guilty, before any Charge of evidence, or bringing them to anſwer. A thing ſo un uſt, unreaſonable, and diſhonorable for the Army, or then Officers to demand, or the Parliament to grant, that impudency and injuſtice itſelfe would have bluſhed to have deſired it in private, much more in print: and makes moſt men now conclude, that the Armies flouriſhes againſt arbitrary power, and unjuſt proceedings in the Houſes, and for the advancement of publick Juſtice, are but meer Hypocritical pretences, actually contradicted by their moſt injurious, unreaſonable demands, and arbitrary violent proceedings concerning the accuſed Members, deſtructive to the very foundation and freedom of Parliaments, and common Iuſtice.
6. By their apparant falſe ſuggeſtions wherewith they abuſe both the accuſed Members and the Houſe, which all juſt men and real Saints muſt utterly abominate: whereof take one inſtance inſteed of many. In the Manifeſto from Sir Thomas Fairfax and the Army; June 27. they ſuggeſt to the Houſe; and declare to the world: That they had their particulars and proofs againſt the Accuſed Members, READY to produce and deliver in: whereupon the Members petitioned the Houſe on Teuſday, June 29. to appoint Sr. Thomas Fairfax and the Army a ſhort and peremptory day to ſend in theſe particulars and proofs; that a ſpeedy proceeding may be had thereupon, when they doubt not to make their innocency appear: The Houſe upon this Petition ordered them, to bring in the particulars and proofs peremptorily on Friday following, being the 4. of July: at which time, neither particulars nor proofs were ready, or produced: but inſteed of producing them, they crave longer time to exhibite and make them ready, though they pretended and printed them to be ready, before the Members petitioned; promiſing to bring in both their particulars and proofs on Tueſday next, at which time (in the afternoon) they brought in ſome particulars *The Councel of War and Agitators in the Army may be charged with more particular and hainous crimes by the Members, and more dangerous compliances with the King & Malignant party, with drivi…g and abuſing the Parliament, undue Elections &c. then theſe Membersbelow expectation (of the moſt whereof the Houſ had acquitted them by their Votes) without any names ſubſcribed thereto, or proofs to make them good as was deſired. Which dilatory & indirect proceedings, not tolerable in the caſe of any private perſon how mean ſoever, much leſs in the cauſe of ſo many eminent Members and the whole Houſe of Commons: makes all ingenious and intelligent men beleeve, that the General and Army have no particulars of moment nor real proofs at all againſt them: and by theſe ſuggeſtions and delaies endeavour cauſleſly to exclude theſe Members from returning into the Houſe, til they have obtained all their unjuſt demands, and accompliſhed all their hidden deſigns. A practiſe ſo deſtructive to the Liberties, Rights and freedom of Parliament, ſo injurious to theſe eminent, able, wel-deſeruing Members, and the Counties, Burroughs, and whole Kingdom for which they ſerve: and crys for exemplary puniſhment againſt the chief Contrivers of it, and wil render their memories, perſons no… execrable, and infamous to the preſent age & all future generation.
7. Their mercenary *Prima pars. de comparatis comparandis; Eight Antiqueries. The Charge of the Army juſtified Judg Jinkins Apology, with others.Pamphleters (as Lilburne, Amon Wilber, Britunicus, and others) in their late ſeditious ſcurrilous Pamphlers, not only impeach and traduce by name many other Members of both Houſes, preferring the Kings proceedings before the Parliaments, and extolling the Army for enlarging the king from his reſtraint; but likewiſe moſt groſly traduce the impeached Members, as guilty of moſt dangerous crimes and practiſes, notwithſtanding the Houſes acquital of them by their Votes; and the Armies inability to make good their Charge: (in whom Mr Saltmarſh writes in his printed Letter, There is a mighty Spirit raiſed up for Juſtice and Righteouſneſs: we ADMIRE AT IT) as if it were a matter of admiration to find a spirit for Juſtice and Righteouſneſs in any of their late proceedings.
We ſhal cloſe up all with this paſſage concerning the accuſed Members, in a Declaration from Sir Tho: Fairfax and the Army, June 14. 1647. p. 7, 8. We humbly deſire for the ſeiting and ſecuring of our own and the Kingdoms common Right, Freedom peace, and ſafety: That the perſons who have appeared to have abuſed the Army, &c. may be ſome way diſabled from doing the like or worſe to us: and for that purpoſe may not continue in the ſame power (eſpecially as Our and the Kingdoms Judges in the higheſt truſt) ☞but may be made INCAPABLE THEREOF IN FƲTƲRE, &c. Nor would our Propoſals of this ſingly he free FROM THE SCANDAL AND APPEARANCE OF FACTION OR DESIGNS, ONLY TO WEAKEN ONE PARTY (under the notion of uniuſt or oppreſſive) that we may ADVANCE ANOTHER, which may be imagined MORE OƲR OWN: Which their Proceedings ſince againſt theſe Members demonſtrate to be a moſt real truth and the late general Votes concerning Members before any particular accuſation or impeachment, (occaſioned by their means and over-awing) by which they may caſt out whom they pleaſe that ſhal or dare oppoſe their arbitrary and unjuſt actions; as they have arbitrarily and iniuriouſly diſplaced many gallant faithful commiſſioned Officers in the Army without proof or cauſe, and put other ſeditious turbulent perſons of mean quality into their places to ſtrengthen then faction, who at Amerſham and elſwhere turn Churches into Stables and Stables into Churches, and beray the Lords table itſelf▪ to ſhew what a Reſtoration they intend.
FINIS.
End of the text · William Prynne, Illegal Proceedings Against the 11 Impeached Members (1647)