THE CASE Of the Impeached LORDS, COMMONS, AND CITIZENS; truly Stated. PSAL. 75. 5, 6. Commit thy way unto the Lord, trust also in him and he shall bring it to pass. And he shall bring forth thy righteousness as the Light, and thy judgement as the noon day. ACTS 16. 35, 36, 37, 38, 39 And when it was day, the Magistrates sent the Sergeants, saying, Let those men go. And the Keeper of the prison told this saying unto Paul, the Magistrates have sent to let you go: now therefore depart and go in Peace. But Paul said unto them, they have beaten us openly uncondemned, being Romans, and have cast us into prison, and now do they thrust us out privily? nay verily, but let them come themselves and fetch us out. And the Sergeants told these words unto the Magistrates: and they feared when they heard that they were Romans. And they came and besought them, and brought them out, and desired them to depart out of the City. The Case of the Impeached Lords, Commons and Citizens truly stated. THe Lords and Commons in Parliament, in the months of March and April, and May last, taking into their serious Consideration, the * See their Declaration for disbanding the Army. 28. May 1647. absolute necessity of disbanding the greatest part of the Army, after the total Reducement of the Kingdom, for the present ease of the people from Taxes and freequarter, and the speedier relief of Ireland, then in danger to be irrecoverably lost; did thereupon pass some Votes and Declarations for disbanding the Foot, and some Regiments of Horse of the Army, and sending them into Ireland, under the Commands of two Major Generals, Skippon and Massey, and employed Commissioners from both Houses to the Army, for that purpose, where they * 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 army's Engagement. eng●ged many Officers and soldiers for that expedition. But by the underhand practises of lieutenant General Cromwell, and his Confederate Officers and Agitators, the relief of Ireland was not only obstructed, but wholly frustrated; and the Major part of the Army animated, to enter into a solemn Engagement, not to disband upon any terms, till they had obtained satisfaction from both Houses, to certain high Proposals and Demands; which the Houses for quietness sake, and Ireland's better accommodation (though with some disparagement to their honour and Power) condescended unto. But the concession of all their first Demands, was so far from satisfying those restless Spirits (who had other designs to carry on; since visible to all men) that they encouraged them to greater insolences, and higher Demands than ever, comprised in their * Of June 8. 10. 14. 17. 20. 23. 27. July 1. Letters, Proposals, Remonstranses and Manifestoes in June and July following, of purpose to pick new quarrels with the Houses and City too, and to keep themselves in an entire body, to carry on their dangeraus Plots against all opposition. In pursuance, whereof they first with a party of Horse commanded by Cornet Joyce, forcibly and traitorously * The Lord Montague's Letter & Narrative June 8 Mr Rymes his Narration to the House of Peers. June, 17. 1647. seized on the Kings own royal person at Holdenby, upon false pretences, and removed him thence into the Armies quarters, contrary to his own, and the Commissioners of both Houses Protestations; refused to resign him up, or dispose of his Person according to the Houses Votes; removed the Guards, appointed by both Houses from him, put new Guards of their own upon him; who excluded the Scots Commissioners from any access to his presence against the Law of Nations and Votes of both Houses; and yet then granted free access for all Malignants to him, and admitted Malignant Chaplains to attend him with the Book of Common prayer, and all Episcopal Ceremonies, which they so much decried heretofore as Anti-christian. Neither rest they here, but refusing to disband even after all their Arrears were promised to be paid or secured by the Houses; they mutinously and rebelliously (against the express Votes and Commands of both Houses, and desires of the City) march up in a warlike manner towards London, threatening to force the Houses and plunder the City if they had adhered to them, in case they granted not their unreasonable desires by the short time prefixed to them, approaching within few miles of the City with their whole body, seizing the Block-houses on the River by violence, quartering their Forces round about it, and sending their Warrants for provisions to Constables, within the very lines of Communication. Whereupon the Houses to provide for their own safety and the Cities, if the Army should invade them by open force; both Houses on the 11. of June by Ordinance, appointed a Committee of Lords and Commons, to join with the Militia of London, to consult, advise and put in execution all ways and means, which in their judgements might be necessary for the safety and defence of the Kingdom, Parliament and City, and to raise horse and foot for that purpose etc, Of which Committee some of the afterwa●●● impeached Commons, and now imprisoned and impeached Lords were Members; which Committee after some few meetings (in hope of a final pacification) was discontinued; and the Houses by the Armies daily approaches, enforced to repeal sundry of their just Votes, Remanstrances and Ordinances to quiet their distempers. After which condescension, the Army did not only publicly censure them for it in p●int, but likewise declare their dissatisfaction by all the Houses had done or promised, unless the Commons would presently purge their House from all Members disaffected to these their mutionous practices, and suspend no less than eleven of their Emmentest Presbyterian Members at once from sitting in the House, before any particular proofs or impeachments against them, upon a mere general and illegal Charge sent from St Albon (Than the head quarters) June 14. Upon which, though the House after full debate resolved June 25. That by the Laws of the Land, no judgement could be given for their suspension upon that general Charge, before particulars produced and proofs made; yet the Army threatened to march up to Westminster, in case they were not removed from sitting or voting in the House; Whereupon the Members voluntarily withdrew themselves, and afterwards put in their Answers to the false and scandalous particular Articles the Army afterwards sent up against them, of purpose to wound their Reputations, without any intention to bring them to their Legal trials, being never able to prove the least Title of those Articles, of which the whole House and Kingdom know them to be guiltless. Upon this their voluntary withdrawing, though the Army and their Instruments took occasion to traduce them as guilty, yet they began to draw their quarters, and disperse themselves further off from London; but with a Resolution to take the first occasion of returning thither before they were sent for, the gaining of the City and Tower of London into their Custody, and placing of their own Guards upon both Houses, and mould them to their own pleasures, being the main design of their first approaches towards it. And no occasion of returning, being given by the Houses or City, who complied with them in all their unreasonable desires, they thereupon projected to make one unreasonable demand more, which might in all probability occasion it, and they divide the City and both Houses one from another; and that was to desire the Houses to repeal the Ordinance for the New Militia of London, (which no ways concerned the Army in point of interest or right) and to restore the old without any exceptions to their persons, or any cause alleged, or once acquanting the City therewith, to whom both Houses and the Army too were most deeply engaged. Hereupon Sir * See the Let●…r and Re●…onstrance ●…om his Ex●…llency and ●…e Army p. 9 Thomas Fairfax sends a Letter to the Speaker of the House of Commons, intimating the Officers and Armies desires, that the New Militia of London might be altered, and the Old revived, without ever acquainting the City or their Commissioners in the Army therewith: Upon which Letter alone (the House being very thin, and most Members driven away by the menaces) on July 22, in the afternoon the Ordinance for the New Militia, made by unanimous consent of both Houses, when full and free, May 4. to continue for a full year, was suddenly voted in the House of Commons, by some few casting voices to be repealed, before 3 months expired; and a New Ordinance for reviving the Old Militia, drawn up, passed, transmitted to the Lord's House about 7 a clock at night, when the House was empty, and then presently passed without out any debate, (though moved to be put off by some, till the City to whom they were so much obliged, and whose s●fety and privileges it so highly concerned) were acquainted therewith, and heard what they could obj●ct against it, who never had the least intimation of it till it was past. The pretence for this hasty passing, was, to prevent the the Armies-speedy march to Westminster, if the Houses refused to pass it; and the city's opposition against it, if not passed before their Notice of it; but the real design was to discontent the City, and enforce them to some act or other, as might give the Army occasion to march rather against them, then against the Houses, and engage them and their party in the Houses against the City and their Friends. This Ordinance of Repeal being made known to the City, the next day, being Saturday, June 24. they were much discontented at it; and meeting at a Common council, voted unanimonsly against it, as a great injury and astront unto them; both, because the Houses and Army never acquainted them therewith, but did it on a sudden in a thin House without their privity, or any reason alleged, or just exceptions to the New Militia in the Ordinance for such an alteration, which so highly concerned their safety and privileges; and because the Repeal of this Ordinance, upon no other grounds but the Armies desire, might justly shake all other Ordinances for securing the vast sums they had lent and advanced upon the Excise and Sale of Bishops Lands, and for their indemnity, and make them repealable at the army's pleasure, as well as this, to their utter undoing. Whereupon they resolved to Petition the Houses on Monday morning for the Repeal of this hastty injurious Ordinance of July 23. for selling the New Militia, and drew up a Petition then for that purpose; which the Sheri●s and common-council presented to the Houses on Monday the 26. of July: After which about a thousand Apprentices, and young men of the City, without any arms at all, came with another Petition of their own to both Houses, wherein they Remonstrated, that they were heirs apparent to the City, whose Rights and privileges they were sworn to defend, and the Houses had of times promised to maintain; That the ordering of the city's Militia was the city's birthright, belonging to them by Charters confirmed in Parliaments, for defence where of they had adven●ured their lives and fortunes as far forth as the Army; and therefore desired it might be returned into those hands, in which it was put by the whole city's consent, by the Ordinance of the 4. of May; Upon reading these Petitions in the Lord's House, they were pleased to revoke the Ordinance of July 23. and resume that of May 4. by a new Ordinance of July 26. which they sent down to the Commons, where some Apprentices were over-earnest and urgent to get the Ordinance passed, refusing to suffer some Members to go out of the House, till they had passed the new Ordinance sent from the Lords, or to come out of the House into the L●bby, when they were divided upon the Vote, about it, which at last they passed about 3 of the clock; Whereupon most of the Apprentices departed quietly into the City, without any further disturbance. After which some disorderly persons, most of them Malignants, & disbanded soldiers, not Apprentices (by the instigation of some Masignant, Sectaries and Friends of the Army) gathered about the Commons door, and grew very outrageous, enforcing the Speaker to take the Chair after the House had adjourned, not suffering him or the Members to depart the House, till they had voted: That the King should come to London to treat with the Houses about a peace. With which violence the common-council of London being acquainted as they were sitting in the Guild Hall, they presently sent the Sheriffs with such assistance as was ready at hand (the Militia then being in an unsettled condition by the Houses own act, and contradicting Ordinances) to suppress the tumult, and rescue the Members; who thereupon hasting to Westminster, did their best endeavours to effect it; and at last pacified the unruly rout, and conducted the Speaker in safety to his Coach and lodging about nine of the clock at night, which was as much as could be expected from the City, in this interval of their Militia's unsettlement. The Lords adjourned their House till Friday morning; the Commons only till the next morning being Tuesday; against which time the New established Militia provided a strong Guard for the House itself: Whether the Speaker and Members repaired about 10 of the clock safely without any interruption, and there sat securely, till they agreed to adjourn the House till Friday morning following, upon this ground; that the Lords had adjourned their House till that time, and had made a peremptory Order for all their Members then to attend the House, notwithstanding any former leave granted to be absent. The next day being the monthly fast the Speakers and Members met at Margaret's Church in Westminster, and there kept the solemn Fast without disturbance: Where Mr Speaker in the Church complained publicly to Sir Ralph Ashton, and other Members setting near him, to this effect; That there was a great scandal raised on him in the City, which did much trouble him, as that he had left the House, and was run away privately to the Army, or intended to do it: Tha● he had no such thought, and sco●ned to do such a base, unjust and dishonourable action; and would rather die in the House and Chair, than desert them for fear of any tumults. Which being spoken in the Church and presence of God on the solemn Fast day, when he would not dissemble, makes most men conclude, his secret departure to the Army the very next day, proceeded not from his own judgement or inclination, but from some strong invitations or menaces sent from the Army by those who contrived this desperate plot to divide the City & Houses, and bring up the Army to enthrall them both. On Thursday Morning early the new renewed Militia of London, to prevent all future disturbances to the Houses, made public Proclamation throughout the City & Suburbs, & set up printed tickets at Westminster & other usual places within the Line, that if any person or persons should offer to disturb either of the Houses or their Members, the Guards should apprehend them, and in case of resistance kill or shoot them. Yet not withstanding the Speaker in the evening stole away through Hide park in his Coach to the Army, and went to Windsor to the headquarters, accompanied with Sir Ar. Hasterig & other Members, who met him by the way. On Friday morning about 140. Members or more met at the Commons House, expecting the Speakers coming, whither the sergeant coming without his Mace, being demanded where the Speaker was, answered, he knew not very well, and that he did not see him that morning, and was told he went a little way out of town last night, but he thought he would return, & expected to meet him at the House. After which being somewhat strictly interrogated by some Members about the Speaker, he suddenly withdrew himself, and could not be found, till the House had chosen a new Speaker & sergeant, and procured a Mace; and then he returned with the Mace carried after him under his man's cloak, which he said he had been seeking out all the time of his absence. The House, after two hours' attendance, sent 4 of their Members to the Speakers house, to inquire what was become of him; who returning reported from his servants, that he was gone forth of town the evening before, & was not likely to return that day, and that they conceived he was gone to the Army: whereupon they resolved to choose a new Speaker after some debate, and called Mr. Henry Pelham to the chair; after which they chose a new sergeant in the absence of the old. In the mean time the Lords assembling in their House upon special Order and Summons, received a Letter of excuse from the Earl of Manchester for his absence, by reason of some indisposition befallen; whereupon they chose the Lord Willoughby of Parham their Speaker in his room, having frequently changed their Speaker this Parliament, as they saw occasion: And about three of the clock that day, the Commons presented their new Speaker to the Lords sitting in their Robes after the accustomed manner, who approved to their choice, to prevent a discontinuance and faler of the Parliament for want of Speakers to adjourn and continue it, and prevent all scruples which might arise thereupon. This done they proceeded to vote and act as a Parliament, which they might lawfully do. First they voted in the eleven wrongfully impeached Members, and others unjustly questioned by Cromwell's and his confederates practise in the army's name, to take away their Votes, to attend the service of the House, which they accordingly did: Next they revive and set up the Committee for the Safety by an Ordinance of both Houses; authorising them to join with the Committee of the restored City Militia; and by several Votes & Ordinances gave power to these Committees for the listing and raising of Forces, appointing chief Commanders and Officers issuing out arms and ammunition for the safety and defence of both Houses and the City, against all such who should forcibly invade them: which Votes & Ordinances for their s self-defence (warranted by the very Law of nature, as the Armies Declarations assent) were not passed nor put in execution, till the Army under Sir Tho. Fairfax (recruited extraordinarily every day without & against the Houses Orders) were on their march towards London, & most contemptuously disobeyed the Votes and Letter of both Houses, inhibiting them to come within 30. miles of the City: which Letter Sir Thomas out of his great humility refused to much as to answer, or take notice of: whereupon the Army drawing near the Houses and City in a warlike manner, with a resolution to force & assault them by violence; thereupon the Committee of Safety and the Militia of London by Ordinance and special command of both Houses, raised new Forces of Horse & Foot, mounted some of their Cannons, manned some of their Works, and made preparations only for their own defence, as they might lawfully do, and had done formerly, by virtue of that supreme power of both Houses, which first raised, and after voted down this perfidious Army, who now refused to obey their Master's commands, and marched up against them with much rage and fury as enemies. To countenance this their treachery and rebellion the more, they draw the Speakers & fugitive Members of both Houses to sit in counsel with them in the Army in nature of a Parliament, and to sign an engagement, to live and die with Sir T. Fairfax and the Army in this quarrel. Whereby they were so animated, that Sir Th. Fairfax raised the Traine-Bands of Hertfordshire and other Counties, to join with the Army, and march up against the Houses and City; who were so desirous of peace, that they sent Commissioners & Agents sundry times one after another to mediate an accord, and keep off the Army from approaching near the City; who were exceedingly slighted, & could obtain no terms of peace or agreement from them, unless they would unworthily yield to desert both Houses & the impeached Members, contrary to their engagement, Covenant and duty, renounce and call in their own Declaration then newly published; relinquish their Militia, and deliver up all the Forts and Line on the Westside of the City next to Westminster into the Armies hands, together with the Tower of London and Magazines in it, disband all their Forces, put all the reformadoes out of the Line, withdraw all their Guards from the Houses, and receive a Guard of such Horse & Foot within the Line as the Army should appoint toward the Houses, demolish their Works, and suffer the whole Army to march in triumph through the City, as absolute conquerors of it and both Houses too. To all which dishonourable and base conditions (worse than any the King or Cavaliers would or could have put upon them, in the condition and posture of defence they then were) the Aldermen and Common council, to their eternal dishonour and infamy, suddenly and unexpectedly condescended. Whereupon a Party of the Army entered the Line, seized the Forts agreed upon, and on the 6. of August the general brought the fugitive Speakers & Members to the House with a strong party, (who might have returned at their pleasure before without any Guard, had they pleased) placed the Speakers in their chairs out of which they were justly voted, without any Order of the Houses, the Lord's House being then adjourned during pleasure; where the general was set in a chair of State, and received special thanks for this service from the Speakers in both Houses names, who made him Generalissimo of all the Forces and Forts of the kingdom to dispose of them at his pleasure, made him Constable of the Tower, Voted the common soldiers one months' gratuity for this service, besides their pay; left all their Guards to his disposing, and to mock God, as well as men; Voted a public day of thanksgiving to be kept both in the City and throughout the kingdom, for their restoring the Parliament to its Honour and freedom, in this forcible and dishonourable manner, not to be patterned in any age. After which the general and his whole Army marched through the City in greater triumph and State, than ever William the conqueror, or any of his successors did; takes possession of the Tower, turns out the honest lieutenant there, who royally entertained him, without any cause assigned; displaceth most governors in other Forts and Garrisons, though settled by Ordinance and special Votes of both Houses; altars the Militia of the City, sets up a new Militia in Westminster and Southwark divided from that of London, contrary to several 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 mere force and violence to pass the Houses, declaring all the Votes, Orders, and Ordinances of one or both Houses from the 26. of July to the 6. of August, to be null and void, which the Commons had four or five times laid aside and refused to pass upon the question; and then by confederacy with the fugitive Members, procured the Lord Mayor and divers Aldermen and Citizens of London, who had showed themselves most faithful 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 John Maynard, and Commissary Copley, without any legal 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 less than seven Lords (viz. Theo●hylus Earl of Lincoln, James Earl of Suffolk, James Earl of Middlesex, George Lord Berkly, Francis Lord Willoughby, John Lord Hunsdon, and William Lord Maynard, who had ever adhered to the Parliament) to be impeached of High Treason, sequestered the House, and committed to the black Rod, who sat and Voted in the House in the Speakers absence (by colour of a special Order made before their departure, that every Member of the Lord's House should there attend) upon pretext, that they had levied war against the King, Parliament and kingdom. When as they acted nothing but in the House, or at the Committee of Safety and the Militia by express 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 own. 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 actual war against King, Parliament and kingdom, exempted from all pardon heretofore by votes and Ordinances of both Houses, as Traitors and public Enemies to the kingdom, are suffered to go unprosecuted, yea pleaded for in the Houses, and permitted to walk freely about the City, and repair to the King in the Armies Quarters, while these faithful 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 real traitors, and actual endeavourers or raisers of a new war against the King, Parliament and kingdom, 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, kingdom, and Contrary to both Houses express Orders, Letters and Commands? Certainly, if indifferent disinterested Members and Persons may be judges, or Umpires in this case, or the consciences of the accusers themselves may be Judges, those Lords, Members, and Citizens listing and raising forces only for their own just and necessary defence by express Ordinances, Votes and Orders of both Houses of Parliament, was so far from being high Treason, or levying of a new war in them, that it was a just, necessary and lawful in them, both by the Law of Nature, Scripture, the Statutes of the realm, the practice and resolutions of both Houses, and of the Army itself in their defensive wars against the King and his assailing forces, and a duty to which their Covenant and public Trust engaged them unto, under the pain 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 kingdom, 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 own treasonable plots and designs both upon the King, kingdom, Parliament and City, as their subsequent proceedings manifest. And every thief may as justly accuse each honest man of Treaand levying a new war, if he both but provide and wear a Sword or pistol to resist him when he comes to take his purse, or break open his house, as the Army and their Confederates may those Lords, Members and Citizens of Treason and levying a new war, by this provision of Forces and arms 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. confess ingenuously, That if those pretended Votes, Orders and Ordinances whereby War was levied 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 remain Transgressors still, and yet God and we are thanked for it. To avoid which dangerous work, they forced the Houses (by a more horrid force than that of the Apprentices, and this menacing Treasonable Remonstrance, to pass 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, until the sixt of this present August to be null and void. Of purpose to excuse themselves from this very guilt of High Treason, in laying war against the King, kingdom and Parliament, which they would most injuriously fasten upon others who are innocent to evade their own guiltiness. 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 generals 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 express commands, surprising the Block-houses at Gravesend by force, with the slaughter of some of the garrison there settled by the Houses; falling violently upon Sir Robert pies men in their quarters, and wounding some of them near Greenwich where they were billeted by the Houses Order, without any provocation, impeaching and seizing on some Members of the Houses, and carrying them Prisoners to the headquarters, against their wills; enforcing the Houses to null and repeal their own just Votes and Ordinances, recruiting the Army with many thousands of new soldiers, raising the Train-bands of the Countries, marching up to London in a body, seizing the Forts in Southwark 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, threatening 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, down 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 pass contrary to their Votes and judgements, and utterly ruining the country with Taxes, Free-quartering upon them against the people's wills, and listing twice the number allowed by the Establishment, when there is no apparent Enemy in the kingdom, nor Order of the House for such strange recruits, their violent impeaching of these innocent Lords, Members, and Citizens, and saying publicly 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 vassals, and all we have is theirs, having won 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 less than High Treason in good earnest in them all, and an actual Levying of war against King, kingdom, Parliament, and City; for which God and men will one day bring them to exemplary punishment, if they unfeignedly repent not of it, and give some Honourable public reparation to those Innocent faithful Lords, Members, and Citizens, they have most falsely and injuriously impeached, and imprisoned for those very Treasons and practices 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 impudence of the council 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 freedom 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 pell-mell upon the Common council 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 impeached, may be hastened, and out of their fines and confiscations, some part of reparation may be made to the country's adjacent for the aforesaid damages, which the crimes of those persons and others in the City did 1 Rather the army's Reb●…lion against the Houses. 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 freedom the Parliament can sit longer at Westminster, especially when we find the Common council (through the Parliaments and 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●… Armies lenity) to take the boldness already (in the face of both) to intercede for the relief and acquittal (or rather justification) of those impeached persons, (who indeed are but fellow-delinquents (we doubt) to most of that council) as if that so actual, immediate, and 3 Your force upon the H●●ses and their Members, was more horrid than the Appr●●tices; yet continued even and in this Treasonable I presentation. 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 Your Engagements no 〈…〉 disband, &c. were far m●●● Treasonable. 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 principals in the same things) who yet 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 traitors, as these your Grandee●… 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 less 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 The worst of them is betand honester than Cromwell, Ireton, or the best of you, Put●cy projects be true. worst of the eleven Members (notwithstanding their double crimes) be again called for in, unless 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 kingdoms: if not ours and the Armies, their poor servants, and something concerned with 7 only the Speakers and members who signed the En●●gement are concerned in 〈…〉 s aff●ire, as well as you, not 〈◊〉 Houses. them (especially) in that affair. By this printed Passage, the whole world may plainly discover the unparalled insolency, malice, injustice of the Saints and council of the Army, (who * ●…er. 5. 28. exceed the very deeds of the wicked) against the wrongfully impeached Citizens and Members, whose principal Prosecutors and Accusers they are; this Representation being sent of purpose to promote the Lord's 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 falsely impeached and suspended Lords and Commons readmitted into the Houses for fear of displeasing the general and Grand council of the Army, who are really guilty of all the * ●…ee the Pu●●… projects: 〈◊〉 a word to 〈◊〉 G. Cromwell; ●●ich fully de●●nstrate it. Crimes and Treasons which they would falsely charge on these to excuse themselves, and of Cornet Joyce his matchless 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 general and council 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 John Baptist (a burning and shining light, but yet no new one) even to Soldiers themselves; Do violence to no man, neither accuse any man falsely, Luke 3. 14.) God deliver all honest and innocent Persons from such malicious prosecutors, such unrighteous Judges, and * Psal. 140. 1. men of violence: But let this be these restrained Innocent's cordial, and their Persecutors terror: * Psal. 140. 11. Psal. 7. 16. evil 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 pass 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 general, council 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, than the Apprentices, who so far they exceeded in these respects. First, they and the Army marched up in an entire body from their quarters towards London to force the Houses, against their express 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 than 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, arms, Staves, and a train of Artillery, and marched up with Banners displayed in a body of fifteen thousand fighting men or more. Thirdly, the army's force and violence proceeded from their own mutinous disposition, and the personal malice of some of their chief Officers against the xj. eminent Members, and others who crossed their private designs, without any just provocation, or preceding precedent 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 general and Army had forced the Houses to repeal when thin, and under their power and terror, against the rules of Honour and justice before one quarter of the time for which they settled 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 general, council and Army in a forcible manner impeached divers eminent Members, forced their withdrawing suspension, and expulsion from the House, and never desired till they had driven them out of the House and kingdom: 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 suspension or exclusion of any Members, nor kept any one Member forcibly out of the Houses, but only 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 days 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 months 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 repair 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 July 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 park, and with Cromwell's, ireton's, and other Officers, menacing high Speeches in the House, they enforced the Houses against their former resolutions to pass an Ordinance to declare them null and void; threatening to take all the Members of both Houses that sat and voted in the Speakers absence as Prisoners of War, to try them by martial 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 matchless affronts and insolences of the Army. Seventhly, the chief Contrivers and Abetters of the army's violence and force against the Houses and Members, were perfidious degenerated Members both of the Army and Commons House, who acted and played 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 than others to obey, and not thus openly to force, affront, and rebel 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 than the Apprentices, and the occasion of theirs; they ought in Law and justice 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 hours, and was never since revived. In brief, their own dear friend, Mr. Oliver St. John, His majesty's solicitor general, in his Argument of Law, concerning the Act of Attainder of High Treason of Thomas Earl 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 general, council and Army, more guilty of High Treason in levying war against the King, kingdom, 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, than ever Strafford was; his Argument being an express 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 pass such a sentence against them, the whole kingdom cannot but judge them guilty. FINIS.