A DECLARATION of the Officers and Armies, illegal, injurious, proceedings and practices against the XI. impeached MEMBERS: (Not to be paralleled in any age) and tending to the utter subversion of free PARLIAMENTS, Rights, privileges, freedom, and all Common Justice. And to Introduce a mere Arbitrary Power in the very Highest Court of justice.  LUKE 11. 17. A house divided against a house, falleth. 
LONDON, Printed in the Year, 1647.   

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