A Brief JUSTIFICATION of the XI. Accused Members, from a scandalous Libel, styled A Particular Charge and Impeachment, in the name of Sir Thomas Fairfax, and the Army under him: newly Printed and published to defame them. Wherein the apparent Falsehood and Malice of some of the most material Charges, is demonstrated to the world, for the present; till the rest be fully cleared in time by themselves, to the Eternal Infamy of the Falls Accusers, not any of them as yet daring to own and make good the General or particular Charge, in their own names under their hands, as by Law they ought. 2 TIM. 3. 1, 2, 3, 4. This know also, that in the last days, perilous times shall come: For men shall be lovers of their own selves, covetous, boasters, proud, Blasphemers, disobedient to Parents, unnatural, unholy, without natural affection, TRUCE-BREAKERS, FALSE-ACCUSERS, Incontinent, Fierce, TRAITORS, Heady, ; Having a form of godliness, but denying the power thereof: from such turn away. LONDON, Printed in the Year. 1647. A brief Justification of some of the XI accused Members, from a scandalous Lible styled: A particular Charge and Impeachment in the name of Sir Thomas Fairfax, and the Army under him; newly printed and published to defame them. THe accused Members former faithfulness, activity and sufferings for the Liberty and Rights of the Parliament and Kingdom, might in the opinion of all knowing men, acquit them from their general and particular Charge, against which they have severally protested their known Innocency by word of mouth in the House, till their more particular legal Answer (to such an illegal Charge, if resolved answerable in point of Law or Justice, before any sufficient particular Accusers subscribe and aver it, able to give the Members and House (therein deepest charged) sufficient reparation, if not made good) shall be returned to it in writing by the advice of Council. But lest their Innocency should in the mean time overmuch suffer in the opinion of the deluded Vulgar; it will be a point of Justice both to these calumniated Members & the House, to vindicate them from the malicious false accusations, most unconscionably and injuriously (against all truth and equity) raked up against them, to blast their reputations; by a libellous unlicensed Charge in print, without the Houses Order, of which take this summary Account. The principal Charge among all the Particulars, is that concerning Mr Denzel Holles, placed in the front in the two first Charges; of which he was in this very month of July was two years, after full examination and debate in the House TOTALLY and FINALLY acquitted; as appears by these ensuing Votes; to which some of his very Accusers assented, and yet are so malicious and unjust, as to asperse him with the reviving of the selfsame Accusation now, for want of other matter; the very extremity of malice and perverseness. 19 July 1645. ACcording to former Order, the House proceeded to the Judgement upon the Report made by Mr Samuel Brown concerning M. Holles and M. Whitlock, and debated that part of it, which concerned my Lord Savils saying; That he was advertised, that M. Holles had held intelligence with the Lord Digby. Upon consideration whereof it is resolved, etc. That it doth not appear upon proof, that Mr Holles hath held any correspondency with the Lord Digby. The House fell next into debate concerning the business of M. Holles his receiving a Note from the Lord Savile, written in white ink; and said by the messenger that brought it, to be sent from the Earl of Lindsey, but not appearing so by any proof. Resolved, etc. That the receiving this Note by Mr Holles in the manner as he did, is no holding Intelligence with the Enemy. 21. Julii 1645. THe House proceeded to debate that part of the Report, which concerned the passages of a discourse held at a meeting at the Earl of Lindseys' Chamber at Oxford, where M. Holles and M. Whitlock were present, when they were employed as two of the Commissioners to present the Propositions of Peace from both Kingdoms, and concerning a Paper delivered at the same time to the Earl of Lindsey. Resolved, etc. That for as much as it doth not appear to this House that M. Holles and M. Whitlock had any ill intention in their proceed at Oxford; Therefore this House is of opinion, That the matter of this Report, as concerning M. Holles and M. Whitlock, be TOTALLY and FINALLY LAID ASIDE. Resolved, etc. That notwithstanding this Vote, the House doth declare, that M. Holles and M. Whitlock may prosecute the Lord Savile for reparation, if they see cause. Henry Elsing, Cler. Parliamentorum. Since then the House hath so long since totally and finally acquitted him of these two Charges, it is the very extremity of insolency, malice, and calumny to revive them now. The 3. Charge will be proved as false and frivolous as the former: that clause in it, That (these Members) having a great power in the Treasure of the Kingdom, have thereby maintained and encouraged by pensions and otherwise the Queen's party in France, etc. being an apparent falsehood (the Army's party and friends having the greatest power over the Kingdom's Treasure and the accused Members none at all) discovering all the rest depending on it to be a figment: and how much the Army hath outdone them for the King, is now apparent, by their own last Letters, & will be daily more and more; till both Kingdom and Parliament repent of it, when too late. The 4. is an evident calumny, reflecting wholly upon the Army, who send out their Agitators into all Countries to excite them against the Parliament, and daily entertain and list new recruits of Anabaptists, Sectaries, and draw all other Parliament forces what they may to join in Rebellion with them: and openly force and offer violence to the House by their minatory Letters, Declarations, and most unreasonable demands. The 5. head will be justified by orders of the House and the insolency of the Petitioners, who assaulted and menaced the Members and Committee in a most daring mutinous way, and deserved a commitment by Law, and more. The 6, 7, 8, and 9 Charges are already justified and cleared by the Houses Votes, being Acts of the whole House; and that the informatious against those Officers of the Army were true, will be made appear to their shame in due time; and their Sedition and Rebellion since in an higher degree, proclaims their accusations then, to be true to all the world. To the 10. it will be proved, that the Army and their Confederates have been the greatest and only obstructers of Ireland's relief, and the accused Members the greatest advancers of it; and that the House hath been most abused by the Members and Council of War now in the Army, (protesting their obedience) of which we have no further use at all, unless they appear more dutiful and loyal to the Parliament and Kingdom then now. The 11. will prove a calumny, and done upon just reasons, by sufficient warrant. The 12, 13, and 14. will prove mere forgeries and surmises: For the sums pretended that Sir John Clotworthy hath defrauded the State of, some are false, the rest expressed in his Account; That the Lord Lisle hath spent more money the last year than would have reduced Ireland; and hath been a greater obstructer of Ireland's present relief, than any of the Accused Members (to gain a new Commission) is known to many; and that one of his friends in the House hath really held correspondency with the Lord ORMOND, will appear by Letters under his own hand. The 15. & 16. will be found mere Calumnies upon examination: and the 17. likewise; in the beginning whereof Sir William Lewis is thus most falsely and maliciously Charged. That he being heretofore Govenour of Portsmouth (a Garrison for the Parliament) in which time he hath received much of the public Treasure, For WHICH HE HATH NOT YET GIVEN AN ACCOUNT etc. Whereas the contrary appears by an unanswerable Certificate of the Committee for taking the Accounts of the whole Kingdom, presented by them to the House of Commons, 3. Aprilis, 1645. with this approbation, That they found it a very fair and frugal Account: upon which Certificate (newly printed) the House of Commons the selfsame day, passed this Vote and Order touching his said Account. Resolved, that this House doth concur with the Committee of Accounts in allowing the demands of Sir William Lewis upon his Accounts, and in approving of his Accounts▪ And thereupon; Ordered: that the Committee of the Revenue do with their soon and best conveniency, pay unto Sir William Lewis the sum of 415. l. 16. s, 8. d. part of what remains due unto him upon his Accounts, as appears by a Certificate from the Committee of Accounts of the date of March, 27. 1645. presented to the House April, 3, and allowed by this House. By this most notorious falsehood (disproved by the very records of Parliament, of which his chief Accusers could not be ignorant) touching his not Accounting, the world may judge the verity of the residue of his Charge, about his intended delivery up of that Garrison to the King: of which, upon full examination, he was clearly acquitted, by Order of the Committee of Lords and Commons for safety, (among which was the Lord Say, and sundry other of the Armies best friends) as will be manifested by the Original under their hands. So as this Charge can be nothing else but a most malicious information, void of truth, for which the whole Army ought to give Sir William reparation, and crave him public pardon. The 18. particular is a most impudent slander; the hundred pounds paid to Mr. Glyn by the Drovers being no reward for Mr. Glyns service in procuring them 3000. l. in satisfaction of their losses, as is maliciously suggested; but a mere repayment of an hundred pounds which he freely lent them (besides other moneys which he gave them out of his purse) in their necessities, when no man else would relieve them: as will be proved by the Drovers themselves and other substantial witnesses. So as chariit self is now become a crime with these uncharitable Accusers. The 19 is a notorious untruth, and notable slander to both House's Militia, the Common Council of London, and Commissioners of the great Seal; who will all aver it to be and resent it as an apparent untruth, and aught to receive reparation from the Army for the scandal. The 20. is a palpable falsehood; disclaimed by the Honourable Lord therein mentioned under his hand: As for Sir William Lewis, he was not present at that time, and if he were; how he could be charged to agree to any discourse by his mere presence and gesture, without speaking one syllable, the Accusers can never demonstrate without a special Revelation: no evidence in Law. The 21. concerning Mr Nichols, is very absurd, the Vote of a Committee without the Houses Vote to confirm it, dismembers and disables no man from sitting in the House; where some of the Armies friends now sit after Votes of Committees against their Elections: And if the Vote passed above 4. years since, it was a fault in the Army and their friends in the House (who have made much use of his service) never to complain of it till now. That by his threats, power, solicitations, and indirect practices in the West-Country, he hath brought in above 28. Members more out of Cornwall, of purpose to carry on the designs in the Charge; is an Article fit to be Charged on Lieutenant General Cromwell, Mr Peter, and other Officers, and Chaplains in the Army then on him, who have brought in many Officers and Members by such means, and endeavoured to bring in more, as will be proved; & in those Lords who illegally brought in M. Laurence, Major Saloway, with divers others in the Northern parts where they never were: to promote the Armies and others designs of which the world shall have the particulars in due time: who ought rather to be suspended the House then any of the impeached Members, or pretended Malignants, till their undue elections be determined, whereas all in Cornwall if not in Wales are without exceptions. As for his holding of a place in the Tower, notwithstanding the selfdenying Ordinance, if true; it is no more than some Members now in the Army and chief Promoters of this Charge, or * Or M. Speakers son, Mr. Love & Mr. Smith, all six Clarks in the same Court yet not excepted against. M. Speaker, and young Sir Henry Vane, are guilty of, who hold far more gainful places, then his, which amounts not to half the profit of the meanest Captains place in the Army, who ill requite him for all his journeys to and services for them; for which he never received any recompense from them or the state. The 22. will prove a mere Calumny when examined, and is in part a charge against the House itself. The 23. also is a mere scurrilous defamatory Charge in many particulars; especially in that of Mr. Longs cowardliness, that he left the field at Edghil and never Charged; when as divers Members of the House and other soldiers there present know, and will attest upon their Oaths, that he Charged Gallantly, had his horse slain under him, and continued in the field till the last; when valiant Cromwell (than a newmade Captain who hath since gained the honour of many services, performed by other men's valour) stood all the while (like a young soldier) under an hedge, and never came to Charge, when all the other Troops of the Regiment were engaged and did gallant service; though many Gallant Officers (of the Armies friends) fled the field without striking stroke. His plundering of Essex is a Calumny, he doing nothing then but by an Ordinance of Parliament jointly with other Gentlemen of the Country: and for the moneys then received, he printed, and after gave in his Account thereof above 2 years since upon oath, when divers great Officers in the Army who are great Accountants have hitherto given in no Accounts, and profess ingeniously they cannot do it, and thereupon cavil against the Ordinances and Committee of Accounts, & slander them in their Declarations, though some of them were very active & contributed largely in raising of this New-molded-Army, who so ill requite their kindness, to avoid accounting, which they falsely Charge as a crime on others who are guiltless of it The 24. is a Charge and insolent scandal cast upon both Houses, not on M. Long, who are better able to judge of his fitness to be a Register then an Army of illiterate Clerks or any Mecannicks, who are neither able to draw a Charge, nor Chancery Order in due form of Law. Besides, the Place hath constantly been executed by able Deputies, and is so now; and so no prejudice to the Commonwealth; no dishonour to the Parliament to confer it upon him, who hath sustained more real losses for his good service in Parliament & 4 years' imprisonment, both before and since these wars, than most of the Colonels now in the Army were worth before the wars. The 25. particular is false and scandalous as it is charged: If M. Long hath persuaded any Members to stay in the House, or endeavoured to call others into the House when any great affairs were in agitation, he did but his duty in it, since all in such causes are bound to attend, and if through ignorance (as many Novices do) or sloathfulness they neglect their trust and duty herein, they are rather to be suspended and turned out of the House for this offence alone, than any of the accused, Members upon this whole Impeachment; however the Army's friends (if this Charge be a crime) are more guilty of it then M. Long, who will be sure upon all debates in the House and at Committees to keep their party together, and send up and down for recruits, if they see themselves likely to be over-voted. As for the Title of Parliament-driver, which they scornfully cast upon him, the Accusers have now monopolised it in an higher degree to themselves, by driving not only these XI, impeached Members but many others (not into, as he, but) clear out of the House with threats, menaces, Letters, Remonstrances and marching up towards London; whereby they are really guilty of what they falsely charge on him and more; even of taking away * See their Answer to the Commissioners P. 14▪ 15. 19 newly Printed. the Freedom of the Members from them, and suspending and driving Members quite from the House; whereby the manner of the Parliaments proceed are much scandalised, and many times evil and dangerous designs driven on (and never so many as now) in a faction, by Votes; to the great prejudice of the Commonwealth: if not the annulling and vacating all present proceed in Parliament, as made under the Tyranny, Power, and Insurrection of the Army, who are grown to that insolency, as scarce to own their Masters, or vouchsafe to treat with them, till their Antiparliamentary and unreasonable demands be granted. The Army (or rather a seditious factious party in it who usurp that Title) conclude: That in convenient time, they shall and will be ready to make good by proof upon Oath, all the matters and things contained in this particular Charge: Which if they do, they must raise a new Regiment of the Knight of the Post that ever breathed, and win the whetstone from their Attorney and Agitator General Lieutenant Colonel Lilburn, the grand Incendiary and under fomenter of these mutinous, tyrannical proceed against the Members. And their prayer in the close; Therefore the said Army do still reserve further liberty to add other Articles against the said Members, or any of them, at, or before their Trials, as occasion shall serve; after so long a time and pretended readiness to put in their particulars; is to make the Parliament (as some of them style it) another High Commission or Spanish Inquisition; to vex, charge, and traduce these Members in infinitum, by Additionals upon Additionals, contrary to all Law and Justice, and to make their accusations endless. These Particulars are said to be signed, By the appointment of his Excellency Sir Teomas Fairfax, and his Council of War; John Rushworth, Secretary: though they were neither read nor signed at or in the Council: who for their scandalous beating out all M. Augustine's Cushings feathers and garbidg, by throwing them at one another's heads, and beating them about one another's ears, at Wickham, and bespattering one another with wine and spittle, on Thursday night was seven-night (in that Murrin-dance or Boys-play, wherein Mr. Peter's acted the Buffone, the Usual Pastime of these Grandees) instead of praying upon them, deserve to be severely censured and cashiered the Army as scandalous persons, by the grand Council of Agitators; the only free Parliament and present Council of the Kingdom, who give Laws to all supreme powers at their pleasure, & have newly seized Major General Pointzes in York with a troop and carried him to the Army prisoner, and make no conscience either what they charge say or print against the Houses and their eminentest Members, who have the courage or conscience to oppose them in their unreasonable demands and treasonable proceed, of far more capital consequence than any charged against the impeached Members in this particular Impeachment, admit it to be as true, as it is full of falsehood. The sum of the Charge. THis Charge, as printed and published is in law a most scandalous seditious Libel, it impeacheth both Houses jointly in the matters of the Declaration against the Petition; the grant of M. Longs office, and Militia of London: The whole House of Commons, the Committee of Derby House, and other Committees, in most of the Articles; the Commissioners of both Houses sent to the Army; the City and Common-Councel of London in that of the Militia, and the Commissioners of the great ●eal in two Articles concerning justices of Peace, made by them alone. Neither of which are parties to it; and so ought in justice to be cast out as impertinent and scandalous to all these who are no parties to, and yet traduced by it. It Chargeth the Members in many Articles, with things of which t●e House by their Votes hath long since totally and finally acquitted them: And for the rest of the Charge, there is neither one witness nor proof produced to make it good. By the Law of God▪ No accusation ought to be received against (any one) * 1 Tim. 5 19 Elder but under two or three witnesses; and by the Law of the land no Indictment can be received or found by the Gran-Iury without the Oath of one or more witnesses to make it good, against the vilest Thief or archest Felon: Much less than ought this Charge to be received against so many eminent Members of Honour, merit and untainted Reputation (who serve in their Country's rights, nor their own) before some apparent proofs produced to the House to make good the Charges in it: Else every Felon and arch Rogue, shall be in better condition than the best-deserving Member. In fine, there is no legal prosecutor to own the Charge, and the prosecution of it by an Army is against all precedent, and an express act of Parliament. 31. H. 6. c. 1. And for the House to receive it against Law, Justice, Honour, Conscience, only out of fear to displease the Army, is to fear man rather than God, which hath already brought them into many snares, against their solemn Covenants, Oaths, engagements, and to confess they are now no free Parliament, and so all their Votes and proceed void in Law; and then they sit to no purpose at all, but to comply with the Army in all their unreasonable demands, and dangerous designs, which God will blast; and themselves when freemen, will and must repeal with shame, and detestation. Job. 15. 34, 35. The Congregation of Hypocrites shall be desolate; For they conceive mischief and bring forth vanity, and their belly hath prepared deceit. FINIS.