Queries Upon the Printed Charge of the Army, Treatise
IX QVERIES Upon the Printed Charge of the Army againſt the XI.
MEMBERS And the Papers thereto annexed: Submitted to the Publike conſideration of the PARLIAMENT, ARMY, And all Lovers of Juſtice, Truth, Parliaments, and their Native COUNTRY.
JER. 9. 4, 5.
Take ye heed every one of his Neighbour, and truſt ye not in any Brother; for each Brother will utterly ſupplant, and every Neighbour will walk with ſlanders. And they will deceive every man his Neighbour, and will not ſpeak the Truth; they have taught their tongues to ſpeak Lyes; and weary themſelves to commit Iniquity.
LUKE 3. 14.
And the Souldiers demanded of John, ſaying; And what ſhall we do? And he ſaid unto them; Do violence to no man (or, put no man in fear, much leſs a whole Parliament, City, Kingdome) neither ACCƲSE ANY MAN FALSLY; and be content with your wages.
London, Printed in the Year, 1647.
Nine QUERIES upon the Printed CHARGE of the Army againſt the MEMBERS, and the Papers thereto annexed: Submitted to the publick Conſideration of the ARMY, and all Lovers of Juſtice, Truth, Parliaments and their native Country.
1. BY what Law, Commiſſion or Authority, the General, Officers and Soldiers of the Army can order, not only their Letters and Declarations (of dangerous conſequence), but their very Charge againſt the Members of the Commons Houſe, to be printed and publiſhed, without the Privity or Order of the Houſe? And whether this be not an encroachment of a tranſcendent Arbitrary power (which themſelves condemn in others) and an high Breach of the Houſes Priviledges; whereof the Houſe and whole Kingdom (whom they repreſent) ought to be deeply ſenſible, and have more juſt cauſe to complain againſt the Army, then they againſt the accuſed Members?
2. Whether this Charge delivered into the Houſe againſt theſe eminent Members, in the name of the whole Army (the greateſt part whereof do neither know the perſons impeached, much leſs their guiltineſs of the crimes whereof they accuſe them; without the names of any particular perſons thereto ſubſcribed undertaking to make good this charge at their utmoſt peril, or elſe to ſuffer and make them and the Houſe full reparation for their falſe Impeachment, be warrantable or receivable by any Law of God, or of the Land, or former Preſidents; and of a more arbitrary, dangerous and unjuſt conſtitution, and direful conſequence, then any theſe new Pretenders to publick Juſtice, and Declaimers againſt Arbitrary power, complain of in their Charge or Remonſtrances? and directly contrary to the *See Raſtal Accuſation.Statutes of 25. E. 3. c. 4. 27. E. 3. c. 18. 38. E. 3. c. 9. 17. R. 2. c. 6. 15. H. 6. c. 4. And whether this Charge, delivered in by an whole mutinous Army, in their name alone, be not expreſly made voyd and null by the Statute of 31. H. 6. c. 1. concerning Jack Cade and his Rebellious popular Army; which Enacts; That all Inditements (or Charges) and all things depending thereof, had and made, under the Power and Tyranny of Cade and his Army; during their Rebellion and Inſurrection, ƲNDER COLOƲR OF JƲSTICE for Reformation of the Laws (who gather the people together in great number by falſe ſubtil imagined language) ſhal be voyd, adnulled, repealed and holden for none: And that ALL INDITEMENTS (or Charges) IN TIME COMING IN LIKE CASE, UNDER POVVER OF TYRANNY, REB…LLION AND STIRRING HAD, SHAL BE OF NO RECORD NOR EFFECT, BUT VOYD IN LAVV. And ſo not to be received by the Parliament, till the Army be disbanded; whoſe Proceedings, Remonſtrances, and Pretences now, are very like that of Cades, and his party then; and may warn the Parliament and London to ſtand upon their guard; and not to let in the Army now, without reſiſtance, as they did then, upon *Speed. Chron. P. 849, 850. Grafion p. 610. &c. worthy the reading.faire promiſes, and a prohibition of murder, rape or robbery (which allured the hearts of the common people): Whereupon being let in, they apprehended and beheaded the Lord Say, Treaſurer of England, James Cromer his ſon in law and others, and rifled or fined divers of the Aldermen and other Citizens, and threatned the reſt; who at laſt repenting of their folly, when it was almoſt to late, for the preſervation of their lives and goods, raiſed and drew in forces; expulſed Cade, with his ungracious company; and by that means diſſipated his tumultuous Army: A ſtory worthy both the Parliaments, Cities and Kingdoms preſent conſideration.
3. Whether a general Charge in ambiguous Terms againſt XI. eminent Members at once (moſt of which have not only ſuffered, but done gallant ſervice in the field for the Parliaments Priviledges and Peoples Liberties) in general, ambiguous and uncertain terms, without deſcending to particulars of fact, perſons, time, place, or other circumſtance, to which by Law they are bound to anſwer, and cannot poſſibly make defence; and their not determining or ſpecifying which of them are guilty of all the Charge, which only of one or more (themſelves confeſſing that ſome of them are only guilty of one Head, in the ſame paper) be not a moſt illegal, injurious, arbitrary Accuſation and Proceeding, contrary to all Rules of Juſtice and Equity; and a greater invading, infringing, and endeavoring to overturn the Rights and Liberties of the Subjects of this Kingdom (and of Parliaments too) in arbitrary, violent and oppreſſive ways, then any chargeable againſt all or any of the XI. Members in the firſt Article? which they may now juſtly recharge againſt the Army, by way of recrimination, whoſe Proceedings give the Lye to their Pretences, as the*See Maſter Rheymes his Narration. King himſelf hath done to ſome of their Declarations, touching his willingneſs to remove from Holdenby; and this very Charge doth too: which makes no mention of any Plot or Conspiracy by theſe Members to remove the King from Holdenby, &c. Or of Joyce his pretences why his perſon was ſeized by the Army: which hereby appears to be a meer figment and unjuſt pretext, to colour that Treaſonable Action; and make wiſe men ſuſpect, their other fair propoſals to the Parliament for Peace and publick Juſtice (contradicted by ſubſequent Proceedings) are meer Fictions too, to effect ſome worſe deſignes without oppoſition.
4, With what colour or ſhadow of Religion, Iuſtice or Conſcience can an Army, profeſſing and ſtiling themſelves Saints, grow ſo unchriſtianly impatient, outragious, and unlike their Saviour, as upon a pretence of ſome falſ informations, miſrepreſentations & ſcandalous ſuggeſtions made againſt them to the Houſe, concerning a Petition, & engaging the Houſe by ſurpriſe to paſs a Vote againſt them, ſince recalled; in ſtead of paſſing by, forgetting and putting up ſuch an injury (after competent ſatisfaction) to fal into ſuch diſtempers, as to be diſobliged and diſcouraged from any further ingagement in the Parliaments ſervice or Irelands preſervation, (as they unchriſtianly and ungratefully profeſs in their 2, 3, & 4. Articles of Charge) and in ſtead thereof to march up againſt the Parliament, ſeize the King; impeach Members; demand all arrears before disbanding, endanger the Parliament, Kingdom; ſcandalize Religion, rejoyce Malignants, ſad the hearts of all good men; and forfeit their own honor and reputation, though better payd, rewarded, and dealt with by the Parliament, and leſs injured then any other Armies, Officers, Soldiers, imployed by them, who never manifeſted ſuch high contemptuous carriages againſt the Houſes though never ſo deboyſt or irreligious: Is this Conſcience? this Religion? this your piety, and humility, after all your experiences of Gods preſence? Is God with you, or before your eyes in ſuch impatience or miſcarriages? Or is M. Peters with you to mind you of what he oft proteſted in the Pulpit in your names, Your readineſs to lay down your Necks, Lives, and to live under Rocks and Caves in America, rather then not to diſband at the leaſt intimation of the Parliament, or to do any act impeaching their priviledges or proceedings? And was he then, or wil ye preſume now to make him a Lyar, to blaſt your own and his reputation with God & men? Conſider this in cold blood when you are upon your beds, and deſiſt with remorſe and ſhame from ſuch unchriſtian ways and tumults, which wil render you more odious and execrable then the Gunpowder-Traytors, and ſet all mens hearts, hands, tongues againſt you.
5. Whether the Army by ſuch general and uncertain Charges as theſe might not impeach the whole Houſe it ſelf, as wel as theſe XI. Members? Whether their demand, that the Houſe ſhould forthwith ſuſpend them, without the leaſt ſhadow of proof upon ſuch an illegal charge to which no certain anſwer can be made, be not an equalling, juſtifying and exceeding the Kings and his armed parties demands againſt the five Members only upon more particular Articles then theſe; which ſeem at firſt a meer plot to take away their Votes for the preſent (& after that the Votes of others both in Houſes reſerved for a future liſt) that their Independent party only may ſway & Vote what they pleaſe in both; and their Officers in the Army that are Members▪ be both parties, accuſers, witneſſes and judges againſt theſe now accuſed, contrary to all Law and Juſtice, and ſo they wil be ſure to ſuffer what ever their innocency be? or wil not the Army be more incenſed with their juſt acquittal, which wil much redound to diſhonor and heighten their diſcontents? And wil not this be arbitrary and tyrannical Iuſtice in the ſuperlative degree?
6. Whether the Armies ſilence in not propounding their publick demands for juſtice in their own and peoples behalf, or not impeaching any of the accuſed members, til they were voted to diſband, or go for Ireland; and their charge againſt them in their 2. 3. and 4. Articles, to break the Army, and pul it in peices, by authority of Parliament (when there was no further uſe of its ſervice here,) amounting in plain Engliſh to no more; but that they endeavoured and cauſed the Houſes to vote the Armies disbanding, and ſend ſome of them into Ireland, under Major General Skippons and Maſſyes commands, (which no rational man can deem a crime, the war being ended and the people eaten out with Taxes and freequartring of the Army, and Ireland in diſtreſs) be nor a clear demonſtration to all the world; that this charge againſt the members, and quarrel againſt the Houſes votes, is but a meer pretence to keep the Army from disbanding; til they have by its overawing power brought other deſigns to paſs both in the Parliament, City, kingdom? one whereof is clearly intimated in their charge and other Papers; namely to ſuſpend & throw out of the Houſe all old, and new elected members (how duly ſoever choſen or returned) who are not of their party, or likely to oppoſe their Projects, to fil up their places with New members of their own godly party; and to diſpoſe of all places of Power and Judicature, to members of their own: (and then to effect what changes they pleaſe in Church and ſtate) as their exceptions againſt theſe eminent Members, their deſire actually to ſuſpend them the Houſe, upon this general, uncertain, frivolous Charge, before any the leaſt proof or Conviction; their exception to the Elections in Cornwal, (though all very faire) Wales, and elſewhere; and their indirect forcible practiſes to bring in Members and Officers of their own in all places, when this Army or their party had any power (of which there are many ſad complaints) with their exceptions to the Parliaments Judges, unanſwerably demonſtrate to the eye of all the world, beſides other particulars, which may ſhortly ſee the light, with many late printed Pamphlets (eſpecially Englands Birthright,) and their late Propoſitions concerning the Change of Parliament Members &c. and Coronet Joyce his printed Relation, which accuſeth two other Members not mentioned to this liſt, (reſerved with many others of both Houſes for a ſecond) which evidence the ſame. A deſign ſo dangerous and deſtructive, as may awaken the Parliament, & all honeſt men in time to endeavour its prevention, which without Gods mercy and their utmoſt activity, is elſe unavoydably like to fall upon us in a moment.
7. Whether the Armies refuſal to disband or march more remote from London according to the Houſes Votes; their ſurpriſing and removing the Kings Perſon, and Commiſſioners of both Houſes againſt their wils and Proteſtations, upon falſe pretences without and againſt the Parliaments privity; their removing the Artillery from Oxford (throwing up their hats and crying out, hay for London &c. as they marched thence;) and advancing ſo near to London, as to ſeaze upon moſt paſſages near it, ſearch many paſſengers repairing to it, and threatning to march up even to the Parliaments doors, (to which they make neerer approaches every day) in a tumultuous, violent and warlike manner, to impeach, affright and aſſault the Members of Parliament, in or near the Houſes, and by violence outrage and threats, to awe and incenſe the Parliament to retract their Votes, ſuſpend their Members, grant them all their unreaſonable demands before any expreſſions of their obedience to them, and to impoſe what conditions they pleaſe upon them; with their Letters and Remonſtrances to the City and people to engage them againſt, and diſingage them from the Parliament to ſide with them, (in ſome whereof they court the very Malignants once in arms, complaining of the breach of Articles and craving reparation for their wrongs &c.) their ſeiſing of Col. Birch a member, and removing his and other forces ſent for Irelands relief, &c. ought not more juſtly to be charged againſt ſome Officers and Souldiers in the Army (who have moſt appeared in theſe mutinous ways) by the accuſed Members, their Officers, Commanders, both Houſes and the Kingdom, (being ſtil perſiſted in) then the Officers and Armies may or can charge the accuſed Members for inviting, encouraging, abetting, or Countenancing, divers Reformadoes and other Officers and Souldiers tumultuouſly, and violently to gather together at Weſtminſter to affright and aſſault the Members &c. As they do in their fift Article: which tumult was ſoon quieted; and being an Injury only to the Houſe not Army, ſince the tumults in the Army, and no ways relating to the Army (who ſtil act the ſame themſelves or worſe which they thus heavily Charge on others) is a very forraign Charge with reference to the Members; and no other (by an over-ruling divine hand of providence) but a Charge and Impeachment againſt themſelves by way of juſt recrimination; for which they ought to yeeld up their Officers and principal Mutiners to the Parliaments and Kingdoms Iuſtice, by the ſame Law (and far more equity) as they demand the Members In which regard that divine text (aptly characterizing theſe Accuſers) may juſtly be applyed to them, Rom. 2. 17. &c. Behold thou makeſt thy boaſt of God; and art confident, that thou thy ſelf art a guide to the bl…nd a light to them which are in darkneſs, &c. Thou therefore that teacheſt (impeacheſt) another, teacheſt (impeacheſt) thou not thy ſelf? &c. Thou that makeſt thy boaſt of the Law; through breaking the Law (yea Priviledges of Parliament in an higher degree then thoſe thou accuſeſt) diſhonoreſt thou God? For the name of God is blaſphemed omong the Gentiles (among Papiſts, Malignants, Prelatical, prophane and carnal perſons) through you, by theſe your Antiparliamentary and Mutinous Proceedings, which have opened their months wide againſt you, and made them to upbraid the Parliament and your deareſt Friends with this taunting language, to the very piercing of their ſouls: Lo theſe are Your Saints, Your Religious godly Party, and Army; Your Saviours and Protectors, who now riſe up in arms againſt you to ruin the Parliament & Kingdom, and trample on you at their pleaſure? Did ever the prophaneſt Officers or Soldiers under deceaſed Eſſex, Waller, Maſſey, Mancheſter, the Scots or any other Comander requite & uſe you thus, though more provoked by ſome Independents of the Houſ with il language, caſheering, jealouſies, falſe aſperſions and want of pay, then theſe devout and mortified Saints? &c. O conſider now at laſt of theſe true …s! and ſay with the Poet, Pudet haec opprobria Nobis & dici potuiſſe, & non potmiſſe refelli.
8. With what coulor of Conſcience, Modeſty or Juſtice can the Army demand of the Parliament, not only one moneths pay (though many of them have been lately liſted ſince the wars without the Houſes privity, and therefore can in Juſtice claim no wages from them) when they ſtand in ſuch high terms of contempt and breach of their Priviledges and Authority; but to receive equal pay with thoſe who obey their commands in diſbanding and lifting themſelves for Ireland? or that they ſhal have no more Areares payd them, til the reſt be payd their Areares? and that pending the debates and tranſactions betwixt the Parliament and the Army, the Parliament would not ſuffer any new forces to be rayſed within this Kingdom, for their own defence? when as themſelves without any order have recruted the Army, made new praparation for war, and block up London more and more dayly; as if they intended a new war againſt the Parliament and City; and yet prohibit them to defend themſelves, that ſo they may at their pleaſure, (if they grant them not all their unreaſonable (if not endleſs demands, now every day multiplyed) ſurpriſe and pillage them at their pleaſures, as the*Sleidan. Com l. 10. Chytraeus. Genebrand. Anabaptiſts in Germany did the City and Magiſtrates of Munſter under a pretence of peace, contrary to their faith, to the Prince, City and Country, as ſoon as by their fair promiſes, they had perſwaded them to retire home and lay down their armes; whoſe extraordinary ſufferings for ſuch over-credulus folly ſhould teach the Parliament and City wiſedom, now to ſtand upon their guard, and not to expoſe themſelves to the mercy of a boiſterous diſcontented Army whoſe demands grow higher every day; and tend only to engage all others to their party, and diſingage them from the Parliament; whoſe priviledges they pretend to ſupport, whiles they thus infringe them, formerly refuſing to have the ſolemn league and Covenant impoſed on them: which would have engaged them, (as wel as others) with ſincerity, reality and CONSTANCY, to endeavour with their eſtates and lives to preſerve the rights and priviledges of the Parliament; and not ſuffer themſelves directly or indirectly by whatſoever combination, perſwaſion or terror, to be divided or withdrawn from this Covenant, &c. which how wel ſome members of the Houſe and Army with oth… who have … it now perform, let their own con…, the would, and that high God to whom they have lifted up their …, when they ſolemnly ſwore this Covenant, judge; and either excite them to a ſtrenuous and real performance of it, or require the woful breach of it at their perjured hands.
9. whether any motions of the Army to the Parliament ought to be heard or granted by the rules of juſtice, whilſt they continue in contempt againſt it? Whether an Army who profeſs this to be their principle, that no mans judgment or conſcience ought to be forced, by any external violence, but left free; can by any coulor of juſtice or conſcience, endeavour to enforce by menaces or violence, the judgment, and conſcience of the whole Parliament, whoſe Rights, Priviledges and freedom they are bound in duty, and raiſed to …? Whether every member of the Houſes, who though ſordid fear of any humane power, or compli…ncy with the Army, ſhal deſert or betray the freedom, Rights and Priviledges of the Parliament, which himſelf hath ſolemnly ſworn, Covenanted, and ingaged to maintain, to the uttermoſt, with his life and eſtate &c. Ought not in juſtice to be thruſt out of the Houſe by his fellow Members with contempt and ſcorn, as unworthy ever to ſet there more, and a moſt treacherous perjured perſon, betraying his truſt to Parliament and Kingdom? And whether all members ought not in their greateſt exigencies, rather chearfully to lay down their lives, then the Houſes freedom, Rights and Priviledges (wherewith the whole Kingdom hath intruſted them, for the preſent Common good, and ought to be intirely preſented and tranſmitted to poſterity for the kingdoms future ſafety) infringed? And to take up Davids magnanimous reſolution in their preſent ſtraits: Pſa. 3. 6. & 27. 1, 3. I wil not be afraid of ten thouſands of people who have ſet themſelves againſt me round about. Though an hoſt ſhould encamp againſt me; my heart ſhal not fear: though war ſhould riſe up againſt me, in this wil I be confident. The Lord is my light, and my ſalvation, whom ſhal I fear? the Lord is the ſtrength of my life, of whom ſhal I be afraid? That member who cannot raiſe up his ſpirit in the worſt of magnanimous reſolution in their preſent ſtraits: Pſa. 3. 6, & 27. 1, 3. I wil not be afraid of ten thouſands of people who have ſet themſelves againſt me round about. Though an hoſt ſhould encamp againſt me; my heart ſhal not fear: though war ſhould riſe up againſt me, in this wil I be confident. The Lord is my light, and my ſalvation, whom ſhal I fear? the Lord is the ſtrength of my life, of whom ſhal I be afraid? That member who cannot raiſe up his ſpirit in the worſt of times to ſuch an heroick Chriſtian Reſolution, preferring his own perſonal ſafety, life or wealth before his Countries, is ſcarce worthy ever to enter more within the Houſes doors; and that true-bred Engliſhman unworthy to live, who wil not die at he Houſes feet in maintaining of their juſt Freedom, Rights, and Liberties, though in ſome things they may have formerly failed in their duties; ſince if Parliaments be once trampled upon and made contemptible by any (eſpecially by that Army which was raiſed by them, and hath hitherto fought for their defence, or any freinds to Parliaments) the Kingdom and people (who have ſubſiſted by Parliaments) wil be eternally loſt and ruined. Which ingaged both City & Kingdom to adhere ſo faſt to the Parliament againſt the King and his Cavaliers heretofore, whom they cannot in Juſtice or honor now deſert, without infinite ingratitude, ſcandal and diſgrace, nor any officers or ſouldiers in the Army openly oppoſe or enforce without this guilt of Treaſon and Rebellion; the breach of Rom. 13. 1, 2, 3. and condemnation of all their former faithful ſervices for its defence.
FINIS.
End of the text · William Prynne, Queries Upon the Printed Charge of the Army (1647)