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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A56146 The case of the impeached lords, commons, and citizens; truely stated Prynne, William, 1600-1669. 1648 (1648) Wing P3919; Wing P3920; ESTC R203222 15,856 24

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without any Order of the Houses the Lords House being then adjourned during pleasure where the Generall was set in a Chaire of State and received speciall thanks for this service from the Speakers in both Houses names who made him Generalissimo of all the Forces and Forts of the Kingdome to dispose of them at his pleasure made him Constable of the Tower Voted the common Souldiers one moneths gratuity for this service besides their pay left all their Guards to his disposing and to mock God as well as men Voted a publike day of Thankesgiving to be kept both in the City and throughout the Kingdome for their restoring the Parliament to its Honour and Freedome in this forcible and dishonourable manner not to be patterned in any age After which the Generall and his whole Army marched through the City in greater triumph and State then ever William the Conquerour or any of his successors did takes possession of the Tower turnes out the honest Lievtenant there who royally entertained him without any cause assigned displaceth most Governours in other Forts and Garrisons though setled by Ordinance and speciall Votes of both Houses alters the Militia of the City sets up a new Militia in Westminster and Southwark divided from that of London contrary to severall Ordinances and the Articles of the Treaty causeth the Line and Works about the City to be demolished drives away most of the Members by menacing Declarations procures an Ordinance by meere force and violence to passe the Houses declaring all the Votes Orders and Ordinances of one or both Houses from the 26. of Iuly to the 6. of August to be null and void which the Commons had foure or five times laid aside and refused to passe upon the question and then by confederacy with the fugitive Members procured the Lord Mayor and divers Aldermen and Citizens of London who had shewed themselves most faithfull and active for the Parliament all these Wars and done more service for them then any in the Army to be impeached of High Treason and shut up Prisoners in the Tower procures the Recorder Sir Iohn Maynard and Commissary Copley without any legall hearing or examination to be suddenly thrust out of the House and some other Members to be suspended and all those questioned who fate or Voted in the Speakers absence and no lesse then seven Lords viz. Theo●hylus Earle of Lincolne Iames Earle of Suffolke Iames Earle of Middlesex George Lord Berkly Francis Lord Willoughby Iohn Lord Hunsdon and William Lord Maynard who had ever adhered to the Parliament to be impeached of High Treason sequestred the House and committed to the black Rod who sate and Voted in the House in the Speakers absence by colour of a speciall Order made before their departure that every Member of the Lords House should there attend upon pretext that they had levyed Warre against the King Parliament and Kingdome When as they acted nothing but in the House or at the Committee of Safety and the Militia by expresse Order and Authority of both Houses for the Parliaments and Cities just defence against a mutinous and rebellious Army then marching up hostilely against them contrary to both Houses Votes and Orders without any authority but their owne This is the true state of the case of the impeached Lords Commons and Citizens who have been eagerly prosecuted by the Army and their Confederates in the House when those Malignant Lords who levied actuall warre against King Parliament and Kingdome exempted from all pardon heretofore by votes and Ordinances of both Houses as Traitors and publike Enemies to the Kingdome are suffered to go unprosecuted yea pleaded for in the Houses and permitted to walk freely about the City and repaire to the King in the Armies Quarters while these faithfull Lords Members and Citizens are shut up prisoners and prosecuted day by day without any proof or guilt to make good the Charge The sole question then will be who are the reall Traytors and actuall endeavourers or raisers of a new Warre against the King Parliament and Kingdome in this case whether the impeached Lords Members and Citizens or the Army and their Confederates and fugitive Members who excited them to march up thus to London against both Houses and the City without any Authority from the King Parliament Kingdome and Contrary to both Houses expresse Orders Letters and Commands Certainely if indifferent disinterested Members and Persons may be Iudges or Umpires in this case or the consciences of the accusers themselves may be Judges those Lords Members and Citizens listing and raising forces onely for their owne just and necessary defence by expresse Ordinances Votes and Orders of both Houses of Parliament was so farre from being high Treason or levying of a new Warre in them that it was a just necessary and lawfull in them both by the Law of Nature Scripture the Statutes of the Realme the practice and resolutions of both Houses and of the Army it selfe in their defensive warres against the King and his assailing forces and a duty to which their Covenant and publike Trust ingaged them unto under the paine of Perjury and Treachery both to the King taken violently by a commanded party out of both Houses custody and detained prisoner from them in the Army against their Votes and Commands and to the Kingdome Parliament and City to whose preservation and defence they had so many Obligations against a mutinous and rebellious Army marching up thus hostilely against them without any just ground or Authority at all but the executing of their owne treasonable plots and designes both upon the King Kingdome Parliament and City as their subsequent proceedings manifest And every Thiefe may as justly accuse each honest man of Treaand levying a new Warre if he both but provide and weare a Sword or Pistoll to resist him when he comes to take his purse or breake open his house as the Army and their Confederates may those Lords Members and Citizens of Treason and levying a new Warre by this provision of Forces and Armes to defend themselves in case the Army should violently affault the Houses or the City in a rebellious and hostile manner without shedding one drop of blood or marching out of their Lines to fight with them though they gave them just occasion and therefore Sir Thomas Fairfax and the Army in their Remonstrance of August 18. 1647. p. 19. 20. confesse ingenuously That if those pretended Votes Orders and Ordinances whereby War was levyed against those Members of both Houses who fled to the Army were then good when as they were made and valid though they should now be repealed yet WE with the SPEAKERS and those Members aforesaid in opposing of them while they were of force must needs remaine Transgressors still and yet God and wee are thanked for it To avoid which dangerous worke they forced the Houses by a more horried force then that of the Apprentices and this menacing Treasonable Remonstrance to passe an
Fast day when he would not dissemble makes most men conclude his secret departure to the Army the very next day proceeded not from his own judgment or inclination but from some strong invitations or menaces sent from the Army by those who contrived this desperate plot to divide the City Houses and bring up the Army to inthrall them both On Thursday Morning early the new renewed Militia of London to prevent all future disturbances to the Houses made publike Proclamation throughout the City Suburbs set up printed tickets at Westminster other usuall places within the Line that if any person or persons should offer to disturb either of the Houses or their Members the Guards should apprehend them and in case of resistance kil or shoot them Yet not withstanding the Speaker in the evening stole away through Hide Parke in his Coach to the Army and went to Windsore to the Head-quarters accompanied with Sir Ar. Hasterig other Members who met him by the way On Friday morning about 140. Members or more met at the Commons House expecting the Speakers coming whither the Serjeant coming without his Mace being demanded where the Speaker was answered he knew not very well and that he did not see him that morning and was told he went a little way out of town last night but he thought he would return expected to meet him at the House After which being somwhat strictly interrogated by some Members about the Speaker he suddenly withdrew himself and could not be found till the House had chosen a new Speaker Serjeant and procured a Mace and then he returned with the Mace carried after him under his mans cloke which he said he had been seeking out all the time of his absence The House after two houres attendance sent 4 of their Members to the Speakers house to inquire what was become of him who returning reported from his servants that he was gone forth of town the evening before was not likely to return that day and that they conceived he was gone to the Army whereupon they resolved to chuse a new Speaker after some debate and called Mr. Henry Pelham to the Chaire after which they chose a new Serjeant in the absence of the old In the meane time the Lords assembling in their House upon speciall Order and Summons received a Letter of excuse from the Earle of Manchester for his absence by reason of some indisposition befallen whereupon they chose the Lord Willoughby of Parham their Speaker in his roome having frequently changed their Speaker this Parliament as they saw occasion And about three of the clock that day the Commons presented their new Speaker to the Lords sitting in their Robes after the accustomed manner who approved to their choice to prevent a discontinuance and faler of the Parliament for want of Speakers to adjourne and continue it and prevent all scruples which might arise thereupon This done they proceeded to vote and act as a Parliament which they might lawfully doe First they voted in the eleven wrongfully impeached Members and others unjustly questioned by Cromwells and his confederates practise in the Armies name to take away their Votes to attend the seruice of the House which they accordingly did Next they revive and set up the Committee for the Safety by an Ordinance of both Houses authorizing them to joyne with the Committee of the restored City Militia and by severall Votes Ordinances gave power to these Committees for the listing and raising of Forces appointing chiefe Commanders and Officers issuing out arms and ammunition for the safety and defence of both Houses and the City against all such who should forcibly invade them which Votes Ordinances for their self-defence warranted by the very Law of nature as the Armies Declarations assent were not passed nor put in execution till the Army under Sir Tho. Fairfax recruited extraordinarily every day without against the Houses Orders were on their march towards London most contemptuously disobeyed the Votes and Letter of both Houses inhibiting them to come within 30. miles of the City which Letter Sir Thomas out of his great humility refused to much as to answer or take notice of whereupon the Army drawing near the Houses and City in a warlike manner with a resolution to force assault them by violence thereupon the Committee of Safety and the Militia of London by Ordinance and speciall command of both Houses raised new Forces of Horse Foot mounted some of their Cannons manned some of their Works and made preparations only for their own defence as they might lawfully do and had done formerly by vertue of that supreme power of both Houses which first raised and after voted down this perfidious Army who now refused to obey their Masters commands and marched up against them with much rage and fury as enemies To countenance this their trechery and rebellion the more they draw the Speakers fugitive Members of both Houses to sit in Counsell with them in the Army in nature of a Parliament and to signe an Ingagement to live and die with Sir T. Fairfax and the Army in this quarrell Whereby they were so animated that Sir Th. Fairfax raised the Traine-Bands of Hertfordshire and other Counties to joyn with the Army and march up against the Houses and City who were so desirous of peace that they sent Commissioners Agents sundry times one after another to mediate an accord and keep off the Army from approaching neare the City who were exceedingly sleighted could obtain no termes of peace or agreement from them unlesse they would unworthily yeeld to desert both Houses the impeached Members contrary to their Ingagement Covenant and duty renounce and call in their own Declaration then newly published relinquish their Militia and deliver up all the Forts and Line on the Westside of the City next to Westminster into the Armies hands together with the Tower of London and Magazines in it disband all their Forces put all the Reformados out of the Line withdraw all their Guards from the Houses and receive a Guard of such Horse Foot within the Line as the Army should appoint toward the Houses demolish their Works and suffer the whole Army to march in triumph through the City as absolute Conquerours of it and both Houses too To all which dishonourable and base conditions worse then any the King or Cavaliers would or could have put upon them in the condition and posture of defence they then were the Aldermen and Common Councell to their eternall dishonour and infamy suddenly and unexpectedly condescended Whereupon a Party of the Army entred the Line seized the Forts agreed upon and on the 6. of August the Generall brought the fugitive Speakers Members to the House with a strong party who might have returned at their pleasure before without any Guard had they pleased placed the Speakers in their Chaires out of which they were justly voted