ANIMADVERSIONS UPON A DECLARATION OF THE Proceed against the XI MEMBERS OF The House of COMMONS: IMPEACHED Of High Crimes, and Misdemeanours; By His EXCELLENCY Sir THOMAS FAIREFAX, AND the ARMY under his Command.  
CAMBRIDGE, Printed for Will. Armstrong, Anno Dom. 1647.   

ANIMADVERSIONS Upon a DECLARATION OF The proceed against the XI. Members of the House of Commons, Impeached of high Crimes, and misdemeanours; By his Excellency Sir Thomas Fairfax, and the Army under his COMMAND.  
IT is advice as good as old: Of all knaves take heed of a learned knave, (not because he is an Academian, but a wicked one.) When Snakes would creep into our bosoms, there is most need of vigilancy; the Devil never doth the Church more mischief, then when he appears like an Angel of light; And when machivillions pretend the greatest good, to a State or kingdom, they then practise most mischief.  
I can not but judge the Author of this Declaration to have a design (notwithstanding his fair pretences) to Tantilize a tormented Kingdom (under a pretence of pleading for the upholding of Rights, Privileges, freedoms, & common justice,) to strike at the very foundation, (and to blast the honour, and reputation) of the Parliament, and to have a design to set the whole Kingdom in a new combustion. I will give you some Animadversions, such as I have plainly observed from the several parts thereof.  
He taxeth the proceed of the Army to appear unjust.  
1 By the generality, 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 will undertake (at their perils) to make it good. Here is a fine expression of love to the Parliament is there not? mark this design herein, which is to set the Parliament against the Army; And to draw a slighting of the Charge until the whole Army come up. The Impeachment is drawn up by the whole Council of War. The General, and Officers have chosen a Committee of their own Members (whereof four are Colonels, and the rest officers of note, well known, and of good Estates who by order from them and in the name of the whole Army, delivered the Charge (signed by the Generals own Secretary) to the House of Commons with their own hands, undertaking to make it good against the said Members. This Gentleman would have it thrown aside, to provoke the Army to come to force justice. O brave Counsellor!  
2 By the uncertainty, and generality of the Charge itself, in mere general and ambiguous terms; to which the parties accused, can give no answer, nor make any defence. This he declareth, to make the Kingdom to have low thoughts of the House of Commons; as if they were not able to deserve those many particulars expressed in this Charge, because they voted the former to be insufficient to suspend their 〈◊〉. Members by Law. As if that vote made the 25th June, should judge what is brought in (in matter of so great concernment) July 6 following? And if this advice tend to the honour of the Parliament let any reasonable man judge.  
3 By the multitude, and quality of the parties impeached, no less than II. at once, all men of approved integrity, fidelity, and abillityes, who have acted, and suffered much, for the Parliaments, and people's Liberties: Ye may see what spirit this Gentleman is of (her●n,) grant him this allegation, and he will then reply upon the Parliament themselves, for impeaching so many, and of such quality, (as are expressed in their propositions to the King) all at once. And it is well known that the Archbishop of Canterbury, that died a Traitor, was once, an honest private Preacher, the Earl of Straford acted well when he sat in the House of Commons in a former Parliament, and made divers excellent speeches, which condemned his own actions afterwards: And Sir John Hotham, was voted by both Houses of Parliament to act well at Hull, for which he suffered the reproaches of the King's Proclamation, to be called a Traitor, for the service he did for the Parliament and Kingdom, and yet they all became (afterwards) so great enemies to the Parliament and peace of the Kingdom, that they all lost their heads as Traitors against the Kingdom. And in that very Committee (where the Gentleman who wrote the Declaration is so eminent) many gallant men, (in divers Counties) who have done much good service for the Parliament, have had very strict usage, and by their subcommittees, some cast into prison, others persecuted to the great prejudice of their lives, though no Charge at all hath appeared against them, nay the very oath of the Committee is (sometimes) strangely put to exact a Charge against a man's self. Oh but to take so many out of the House at once, he saith will weaken the Presbiterian party. A fine business to have parties to carry on designs in the House. Doth not this tend to their reputations.  
4 By their violence to have them suspended the House before any real, particular Charge, or proofs, produced against them. Doth this give a good Character of the proceed of Parliament to traduce them by anticipation of their proceed, as if they were resolved to do nothing against their Members but what violence shall force; notwithstanding the representations of so many able, honest, faithful Gentlemen, brought in as a Charge by way of impeachment from the whole Army against them. Though the crimes be high, and witnesses ready to make it good, were the matter put into a way of trial.  
5 By their unjust, and unreasonable demands, after the votes of the House June 25 (against their II. Members suspension, upon what had appeared in the papers then received from the Army. Here he would (to the dishonour of the House) have the Members hound up to the same opinion which they had before the particulars came from the Army; that because the major part of them thought well of these Members then, that therefore (let proof be brought of never so high crimes and misdemeanours against them yet) no legal trial should be now permitted against those, of whom they have had so good an opinion, and from hence he makes a most dangerous motion to all Counties & Burrougheses; (to the great hazard of the Parliaments sitting in peace) to stir them up to a violent petitioning of the House against the Army, protesting against them; Whereas he cannot be ignorant that many Counties make their addresses to the Parliament by the Army.  
6 By their apparent false suggestions, wherewith they abuse, both the accused Members, and the House. Here is a great affront put upon the Army indeed; But where lies this falsity, he saith that in their manifesto June 27. They declared to have their particulars and proofs ready to deliver in; That the House ordered them to bring it in Friday July 4. at which time, a longer day was craved. If this gentleman would but deal clearly herein, he would blush at this folly of his. That although the officers of the Army had so much business to do, about the treaty, and yet they were able to dispatch it, in two days after the time set, which was all the time desired (the Lords day only excepted) by which time it was drawn up, and engrossed brought to London and delivered to the House of Commons, and yet he is so impudent as to give them the lie, for saying that it was ready.  
If he and other Lawyers would make so short a work of what they do, after Papers delivered into their hands, it would save the Kingdom many thousand pounds a year, nay, he may remember that himself, (and the rest) that prosecuted the Arch-Bishops, had him suspended the House long before the particular Charge was brought in, nay to go yet further, what particular Charge was there, either against him or Straford before an order was passed (after suspension) for the bringing in of witnesses, which took up much time, to complete it.  
And yet the Army hath sent a particular one, and a home one too, against these Members, as plainly appears to those who have impartial ears to hear it.  
And although he would have the House to endanger themselves and the whole Kingdom, in opposing the Army in the protection of these Members, from Justice, and likewise engage the Counties and Burroughs, that chose them herein. And the Charge against them, is for such high and great crimes, as are therein expressed, yet he saith all that is therein, is below expectation, And is this man (think you) a friend to the TWO Members, or doth he not rather throw in a bone among us.  
And his finding fault with the want of hands; (it being signed by the General's Secretary; and delivered by those Honourable Commissioners;) is all one as to clash with an Order of Parliament, signed by John Bowne, or Henry Elsing, Cleric. delivered by Commissioners from the Houses.  
7. Their Mercenary Pamphleteers, for shame man peace; have not you, and your faction used this Trade so long, to cherish the Malignant humours of the Church and Kingdom, that ye are all sick of the Gangrena, The Army never went about to make a Monopoly to themselves of the Presses, as those who sought to destroy them did, The Army give not Pensions to 80. or 100 Clerk's to help them, They give not annuities to Mercenary Scribes, to spoil Ink and Paper, to abuse the Kingdom; and bring faction, and Tyranny into the Church and Kingdom; But he saith that the Impeached Members are traduced grossly, because the Houses have acquitted them by their Votes. But (under favour) they were not acquitted by both Houses, neither hath any thing of it been presented to the Lords, they being Members of the House of Commons, nor have the Commons acquitted them upon the Particular Charge, or since it was presented, or the House knew what was therein contained. Nor did that acquittal go further than upon what appeared to their sense then; way being still left open to receive what is since or shall be delivered; and to judge according to the same.  
FINIS.