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