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A75364 Animadversions upon a declaration of the proceedings against the XI Members of the House of Commons: impeached of high crimes, and mis-demeanors; by His Excellency Sir Thomas Fairefax, and the army under his command. 1647 (1647) Wing A3201; Thomason E398_4; ESTC R201682 3,476 7

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ANIMADVERSIONS UPON A DECLARATION OF THE Proceedings against the XI MEMBERS OF The House of COMMONS IMPEACHED Of High Crimes and Mis-demeanors By His EXCELLENCY Sir THOMAS FAIREFAX AND the ARMY under his Command CAMBRIDGE Printed for Will. Armestrong Anno Dom. 1647. ANIMADVERSIONS Upon a DECLARATION OF The proceedings against the XI Members of the House of Commons Impeached of high Crimes and mis-demeanors By his Excellency Sir Thomas Fairfax and the Army under his COMMAND IT is advice as good as old Of all knaves take beed of a learned knave not because he is an Academian but a wicked one When Snakes would creepe into our bosomes there is most neede of vigilancy the Devill never doth the Church more mischeife then when he appears like an Angell of light And when machivillions pretend the greatest good to a State or kingdome they then practice most mischeife I can not but judge the Author of this Declaration to have a designe notwithstanding his faire pretences to Tantilize a tormented Kingdom under a pretence of pleading for the upholding of Rights Priviledges freedomes common justice to strike at the very foundation and to blast the honour and reputation of the Parliament and to have a designe to set the whole Kingdome in a new combustion I will give you some Animadversions such as I have plainly observed from the severall parts thereof He taxeth the proceedings of the Army to appeare 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 perticular persons to it who will undertake at their perills to make it good Here is a fine expression of love to the Parliament is there not mark this designe herein which is to set the Parliament against the Army And to draw a slighting of the Charge untill the whole Army come up The Impeachment is drawen up by the whole Councell of Warre The Generall and Officers have chosen a Committee of their owne Members whereof foure are Collonels and the rest officers of note well knowen and of good Estates who by order from them and in the name of the whole Army delivered the Charge signed by the Generalls owne Secretary to the House of Commons with their owne 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 Councellour 2 By the uncertainty and generality of the Charge it selfe in meere generall and ambiguous termes to which the parties accused can give no answer nor make any defence This hee declareth to make the Kingdome to have low thoughts of the House of Commons as if they were not able to descerue those many perticulars 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 quallity of the parties impeached no lesse then II. at once all men of approoved integrity fidelity and abillityes who have acted and suffered much for the Parliaments and peoples Liberties Yee 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 quallity as are exprest in their propositions to the King all at once And it is well knowen that the Arch-Bishop of Canterbury that dyed a Traytor was once an honest private Preacher the Earle of Straford acted well when hee 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 hee suffered the reproaches of the Kings Proclamation to be called a Traytor for the service he did for the Parliament and Kingdome and yet they all became afterwards so great enemies to the Parliament and peace of the Kingdome that they all lost their heads as Traytors against the Kingdome And in that very Committee where the Gentleman who wrot 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 mans selfe Oh but to take so many out of the House at once he saith will weaken the Presbiterian party A fine businesse to have parties to carry on designes in the House Doth not this tend to their reputations 4 By their violence to have them suspended the House before any reall perticular Charge or proofs produced against them Doth this give a good Character of the proceedings of Parliament to traduce them by anticipation of their proceedings as if they were resolved to doe nothing against their Members but what violence shall force notwithstanding the representations of so many able honest faithfull Gentlemen brought in as a Charge by way of impeachment from the whole Army against them Though the crimes bee high and witnesses ready to make it good were the matter put into a way of triall 5 By their unjust and unreasonable demands after the votes of the House June 25 against their II. Members suspention upon what had appeared in the papers then received from the Army Here hee 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 proofe be brought of never so high crimes and misdemeanours against them yet no legall tryall 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 Burroughes to the great hazard of the Parliaments sitting in peace to stirre them up to a violent petitioning of the House against the Army protesting against them Whereas hee cannot bee 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 lyes this falsity he saith that in their manifesto June 27. They declared to have their particulars and proofes 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 deale clearly herein hee would blush at this folly of his That although the officers of the Army had so much businesse to doe 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 drawen up and ingrossed brought to London and delivered to the House of Commons and yet he is so impudent as to give them the lye for saying that it was ready If he and other Lawyers would make so short a worke of what they doe after Papers delivered into their hands it would save the Kingdome many thousand pounds a year nay he may remember that himselfe and the rest that prosecuted the Arch-Bishops had him suspended the House long before the particular Charge was brought in nay to goe yet further what particular Charge was there either against him or Straford before an order was passed after suspention for the bringing in of witnesses which took up much time to compleat it And yet the Army hath sent a particular one and a home one too against these Members as plainly appeares to those who have impartiall eares to heare it And although he would have the House to endanger themselves and the whole Kingdome 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 exprest yet he saith all that is therein is below expectation And is this man thinke you a friend to the II 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 Generalls Secretary and delivered by those Honourable Commissioners is all one as to clash with an Order of Parliament signed by John Bowne or Henry Elsynge Cleric delivered by Commissioners from the Houses 7. Their Mercinary Pamphleters for shame man peace have not you and your faction used this Trade so long to cherish the Malignant humours of the Church and Kingdome 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. Clerkes to helpe them They give not annuities to Mercenary Scribes to spoile Inke and Paper to abuse the Kingdome and bring faction and Tyranny into the Church and Kingdome But he saith that the Impeached Members are traduced grossely 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 acquitall go further then 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