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A91150 A brief iustification of the XI. accused members, from a scandalous libel, stiled 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 falshood and malice of some of the most materiall 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 fals accusers, not any of them as yet daring to own and make good the generall or particular charge, in their own names under their hands, as by law they ought. Prynne, William, 1600-1669. 1647 (1647) Wing P3908; Thomason E398_3; ESTC R201681 7,569 12

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A Brief IVSTIFICATION of the XI Accused Members from a scandalous Libel stiled 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 Falshood and Malice of some of the most materiall 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 Fals Accusers not any of them as yet daring to own and make good the Generall 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 shal come For men shal be lovers of their own selves covetous boasters proud Blasphemers disobedient to Parents unnatural unholy without natural affection TRVCE-BREAKERS FALSE-ACCVSERS Incontinent Fierce TRAYTORS Heady High-minded 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 stiled 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 shal be returned to it in writing by the advice of Councel But lest their Innocency should in the mean time over-much 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 moneth 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 self-same 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 Judgment 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 c. 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 c. 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 imployed 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 c. That for as much as it doth not appear to this House that M. Holles and M. Whitlock had any ill intention in their proceedings at Oxford Therfore this House is of opinion That the matter of this Report as concerning M. Holles and M. Whitlock be TOTALLY and FINALLY LAYD ASIDE Resolved c. 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 Elsynge 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 Queens party in France c. being an apparent falshood the Armies party and friends having the greatest power over the Kingdoms 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 out-done them for the King is now apparent by their own last Letters wil be dayly more and more till both Kingdom and Parliament repent of it when too late The 4. is an evident calumny reflecting wholy upon the Army who send out their Agitators into all Countries to excite them against the Parliament and dayly entertain and list new recruits of Anabaptists Sectaries and draw all other Parliament forces what they may to joyne 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 Irelands relief and the accused Members the greatest advancers of it and that the House hath been most abused by the Members and Councel 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 meer forgeries and surmises For the summes 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 then would have reduced Ireland and hath been a greater obstructer of Irelands present relief then any of the Accused Members to gain a new Commission is known to many and that one of his freinds in the House hath really held correspondency with the Lord ORMOND wil appear by Letters under his own hand The 15. 16. wil be found meer Calumnies upon examination and the 17. likewise in the beginning whereof Sir William Lewis is thus most falsly and maliciously Charged That he being heretofore Govenour of Portsmouth a Garison for the Parliament in which time he hath received much of the publick Treasure For WHICH HE HATH NOT YET GIVEN AN ACCOVNT c. 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 selfesame day passed this Vote and Order touching his said Account Resolved that this House doth concurr 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 soonest 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 appeares 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 falshood disproved by the very records of Parliament of which his cheif Accusers could not be ignorant touching his not Accounting the world may judg the verity of the residue of his Charge about his intended delivery up of that Garrison to the King of which upon ful 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 wil be manifested by the Original under their hands So as this Charge can be nothing else but a most malicious information voyd of truth for which the whole Army ought to give Sir William reparation and crave him publick pardon The 18. particular is a most impudent slander the hundred pounds payd 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 meer 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 releive them as wil 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 Houses Militia the Common Councel of London and Commissioners of the great Seal who wil al averr it to be and resent it as an apparant untruth and ought to receive reparation from the Army for the scandal The 20. is a palpable falshood disclaimed by the Honorable 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 meer 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 freinds 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 freinds in the House who have made much use of his service never to complain of it till now That by his threats power sollicitations and indirect practises in the West-Country he hath brought in above 28. Members more out of Cornwal of purpose to carry on the designs in the Charge is an Article fitter to be Charged on Lieutenant General Cromwel 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 wil be proved in those Lords who illegally brought in M. Lawrence Major Saloway with divers others in the Northern parts where they never were to promote the Armies and others designs of which the world shal have the particulars in due time who ought rather to be suspended the House then any of the impeached Members or pretended Malignants til their undue elections be determined whereas all in Cornwal if not in Wales are without exceptions As for his holding of a place in the Tower notwithstanding the self-denying Ordinance if true it is no more then 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 journies to and services for them for which he neuer received any recompence from them or the state The 22. wil prove a meer Calumny when examined and is in part a charge against the House it selfe The 23. also is a meer scurrilous defamatory Charge in many particulars especially in that of Mr. Longs cowardliness that he left the feild at Edghil and never Charged when as divers Members of the House and other souldiers there present know and wil attest upon their Oathes that he Charged Gallantly had his horse slain under him and continued in the feild till the last when valiant Cromwel then a new-made Captain who hath since gained the honor of many services performed by other mens valor stood all the while like a young souldier under an hedg and never came to Charge when all the other Troops of the Regiment were ingaged and did gallant service though many Gallant Officers of the Armies freinds fled the feild without striking stroke His plundring of Essex is a Calumny he doing nothing then but by an Ordinance of Parliament joyntly with other Gentlemen of the Country and for the monies then received he printed and after gave in his Account therof 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 largly in raising of this New-molded-Army who so ill requite their kindness to avoyd accounting which they falsly 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 judg 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 bin executed by able Deputies and is so now and so no preiudice to the Commonwealth no dishonor 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 then 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 perswaded any Members to stay in the House or endeavored 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 then any of the accused Members upon this whole Impeachment however the Armies 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 monopolized 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 falsly charge on him and more even of taking away * See their Answear 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 proceedings are much scandalized 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 Common-wealth if not the annulling and vacating all present proceedings 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 shal 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 proceedings against the Members And their prayer in the close Therefore the said Army do stil reserue further liberty to adde other Articles against the said Members or any of them at or before their Tryals as occasion shal serve after so long a time and pretended readiness to put in their particulars is to make the Parliament as some of them stile 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 Councel of Warr John Rushworth Secretary though they were neither read nor signed at or in the Councel who for their scandalous beating out all M. Austins Cushings feathers and garbidg by throwing them at one anothers heads and beating them about one anothers eares at Wickham and bespattering one another with wine and spittle on Thursday night was sennight in that Murrin-dance or Boys-play wherein Mr. Peters 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 Councel of Agitators the only free Parliament and present Councel of the Kingdom who give Laws to all supream powers at their pleasure have newly seised 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 proceedings of far more capital consequence then any charged against the impeached Members in this particular Impeachment admit it to be as true as it is ful of falshood The summ of the Charge THis Charge as printed and published is in law a most scandalous seditious Libel it impeacheth both Houses joyntly 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 Darby 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 Iustices 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 bee received against any one * 1 Tim. 5 19. Elder but under two or three witnesses and by the Law of the land no Inditement can be received or found by the Gran-Iury without the Oath of one or more witnesses to make it good against the vilest Theefe or archest Fellon Much lesse then ought this Charge to be received against so many eminent Members of Honor merit and untainted Reputation who serve in their Countries rights nor their own before some apparant proofs produced to the House to make good the Charges in it Else every Felon and arch Rogue shal be in better condition then 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 president and an express act of Parliament 31. H. 6. c. 1. And for the House to receive it against Law Justice Honor Conscience only out of fear to displease the Army is to fear man rather then God which hath already brought them into many snares against their solemn Covenants Oathes ingagements and to confess they are now no free Parliament and so all their Votes and proceedings voyd 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 free-men wil 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