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 [Page 3]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, [Page 4]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 [Page 5]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.

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