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<NAME>John Latta</NAME>
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<STC T="W">P4004</STC>
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<VID>161385</VID>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>THE
LORDS &amp; COMMONS
fir&s;t <HI>Love</HI> to, <HI>Zeale</HI> for, and earne&s;t <HI>Vindication</HI> of their
injuriou&s;ly accu&s;ed and impeached <HI>Members,</HI>
and violated <HI>Priviledges.</HI></P>
<P>Manife&s;ted by their owne printed <HI>Declarations, Petitions,
Votes,</HI> in the ca&s;e of the Lord <HI>Kimbolton,</HI> Mr. <HI>Denzill Holles,</HI>
and &s;ome other <HI>Members,</HI> impeached by the Kings
ATORNIE, Mr. HERBERT, (by the Kings owne &s;peciall
command) of <HI>High</HI> TREASON, in Ianuary 1641.</P>
<P>With a <HI>Paralell</HI> of <HI>Cromwells</HI> Plot, in bringing the Army
to <HI>London,</HI> with <HI>HENRY JERMINS</HI> and <HI>PERCYES.</HI></P>
<P>And a briefe recitall of two ancient <HI>Iudgements</HI> in former Parlia|ments;
proving, that it is no le&s;&s;e then <HI>Trea&s;on,</HI> for any to impeach <HI>Lords</HI>
and <HI>Members</HI> of <HI>Trea&s;on,</HI> for any thing acted by them, in, or by Au|thority
of Parliament; and that the Lords and Commons
in this Parliament have, in effect, voted and
declared as much.</P>
<P>Humbly &s;ubmitted to the con&s;ideration of both <HI>Hou&s;es,</HI> and of all
&s;uch who by their <HI>Covenant,</HI> and <HI>Prote&s;tation</HI> are obliged <HI>to defend the
Priviledges of Parliament;</HI> and bring the <HI>Infringers of them</HI>
and malicious fal&s;e impeachers of their Members
to <HI>condigne puni&s;hment.</HI></P>
<Q><BIBL>Rev. 2. 4. 5.</BIBL>
<P>Neverthele&s;&s;e, I have &s;omewhat again&s;t thee, becau&s;e thou ha&s;t left
thy <HI>fir&s;tlove</HI> Remember therefore from whence thou art fallen,
and repent and do the <HI>fir&s;t workes;</HI> or el&s;e I will come unto thee
quickly, and will remove thy Candle&s;tick out of his place, except
thou repent.</P></Q>
<P>London, Printed <HI>Anno Dom.</HI> 1647.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="document">
<PB REF="2">
<PB N="3" REF="2">
<HEAD><NOTE N="*" PLACE="marg">An exact Collection of all Remon|&s;trances, &amp;c. p. 38. &amp;c.</NOTE> A DECLARATION
Of the Hou&s;e of Commons, touching
a late breach of their Priveledges: And for the
Vindication there of: And of divers Mem|bers
of the &s;aid Hou&s;e.</HEAD>
<P>_WHEREAS the Chambers, Studies, and Trunks
of Mr. <HI>Denzil Holles,</HI> Sir <HI>Arthur Ha&s;lerigge,</HI>
Mr. <HI>Iohn Pym,</HI> Mr. <HI>Iohn Hampden,</HI> and Mr.
<HI>William Strode</HI> E&s;quiers, Members of the Hou&s;e
of <HI>Commons</HI> upon Monday the <HI>third</HI> of this in|&s;tant
<HI>Ianuary,</HI> by colour of his <HI>Maje&s;ties War|rant</HI>
have been &s;ealed up by Sir <HI>William Killegrew,</HI> and Sir <HI>Wil|liam
Flemen,</HI> and others; which is not only again&s;t <HI>the Privi|ledge
of Parliament,</HI> but the common Libertie of every Subject:
Which &s;aid Members afterwards the &s;ame day, were under the like
colour, by <HI>Serjeant Francis,</HI> one of his Maje&s;ties Serjants at
Armes, contrary to all former pre&s;idents, demanded of the <HI>Spea|ker</HI>
fitting in the Hou&s;e of <HI>Commons, to be delivered unto him,
that he might Arre&s;t them of high Trea&s;on.</HI> And whereas after|wards
the next day, his <HI>Maje&s;ty</HI> in his Royall per&s;on came to the
&s;aid <HI>Hou&s;e,</HI> attended with a great multitude of men, armed in
warlike manner, with Halberts, Swords, and Pi&s;tolls, who came up
to the very Doore of the Hou&s;e, and placed them&s;elves there,
and in other places, and pa&s;&s;ages neer unto the &s;aid Hou&s;e, to the
great terror and di&s;turbance of the <HI>Members</HI> then &s;itting, and ac|cording
to their duty in a peaceable and orderly Mannor, trea|ting
of the great affaires of <HI>England</HI> and <HI>Ireland.</HI> And his Maje|&s;ty
having placed him&s;elfe in the <HI>Speakers Chaire,</HI> demanded of
<PB N="4" REF="3">
them the per&s;ons of the &s;aid Members to be delivered to him,
<HI>which is a high breach</HI> of <HI>the Rights and Priviledges of Parlia|ment,
and incon&s;i&s;tent with the Liberties and freedome thereof.</HI>
And whereas afterwards his <HI>Maje&s;ty</HI> did i&s;&s;ue forth &s;everall War|rants
to divers Officers, under his owne hand, for the apprehen&s;ion
of the &s;aid Members, Which by Law he cannot doe, there being
not all this time, <HI>any legall charge or accu&s;ation, or due proce&s;s of
Law i&s;&s;ued again&s;t them,</HI> nor any pretence of Charg made known
to that hou&s;e; all which are again&s;t the fundamentall Liberties of
the Subject, and <HI>the Rights of Parliament;</HI> whereupon <HI>we are ne|ce&s;&s;itated,
according to our dutie, to declare;</HI> And we do hereby
declare, that if any per&s;on &s;hall arre&s;t Ma&s;ter <HI>Holles,</HI> Sir <HI>Arthur
Ha&s;lerigg,</HI> Mr <HI>Pym,</HI> Mr. <HI>Hampden,</HI> and Mr. <HI>Stroud,</HI> or any of
them or any <HI>other Member of Parliament,</HI> by pretence or colour
of any warrant i&s;&s;uing out from the <HI>King</HI> only, he is <HI>guiltie of the
breach of the liberties of the Subject, and of the priviledg of Par|liament,
and a publique enemie to the Common wealth;</HI> And that
the Arre&s;ting of the &s;aid Members, or any of them, or of any o|ther
<HI>Member of Parliament,</HI> by any <HI>Warrant what&s;oever</HI> with|out
a Legall proceeding again&s;t them, and without con&s;ent of that
hou&s;e, whereof &s;uch per&s;on is a Member, is <HI>again&s;t the Liberty of
the Subject; and a breach of the Priviledge of Parl.</HI> And the per|&s;on
which &s;hall arre&s;t any of the&s;e per&s;ons or any other <HI>Member</HI>
of the Parliament, is <HI>declared a</HI><NOTE N="*" PLACE="marg">What then are tho&s;e Offi|cers and &s;oldi|ers in the Ar|my, who have arre&s;ted, and &s;tayed &s;undry Members, (as Mr. <HI>Nicholls,</HI> Col. <HI>Birch.</HI> Sr. <HI>Samuell Luke,</HI> &amp;c.) im|peached, impri|&s;oned &amp; driven away others, &amp; menaced all o<GAP DESC="illegible" REASON="missing" EXTENT="1+ letters"> re&s;t that re|mained in the Hou&s;e, in the Speakers ab|&s;ence in the Army.</NOTE> <HI>publique enemie of the Common-Wealth.</HI>
Notwith&s;tanding all which, we think fit, farther to declare,
that we are &s;o farre from any endeavours to protect any of our
Members, that &s;hall be in due manner pro&s;ecuted according to
the Lawes of the Kingdome, and the rights and priviledges of
Parliament, for <HI>Trea&s;on</HI> or any <HI>other mi&s;-demeanors,</HI> that none
&s;hall be more ready and willing then wee our &s;elves to bring them
to a &s;peedy and due tryall, being &s;en&s;ible, that it equally imports us
as well to &s;ee ju&s;tice done again&s;t them that are criminous, as to
defend the ju&s;t Rights and <HI>Liberties of the Subjects and Parlia|ment
of England.</HI></P>
<P>And whereas, upon &s;everall examinations taken the 7th. day of
this in&s;tant <HI>Ianuary,</HI> before the Committee appointed by the
hou&s;e of <HI>Commons</HI> to &s;it in <HI>London,</HI> it did fully appeare, that many
Soldiers, Papi&s;ts and others, to the number of about <HI>five hundred</HI>
<PB N="5" REF="3">
came with his <HI>Maje&s;ty</HI> on <HI>Tue&s;day</HI> la&s;t to the &s;aid hou&s;e of <HI>Com|mons,</HI>
armed with Swords, Pi&s;tols and other Weapons, and divers
of them pre&s;&s;ed to the doore of the &s;aid hou&s;e, thru&s;t away the
doore-keepers, and placed them&s;elves between the &s;aid door and
the ordinary Attendance of his <HI>Maje&s;ty,</HI> holding up their &s;words,
and &s;ome of them holding up their Pi&s;tols ready cocked neere the
&s;aid doore; and &s;aying, <HI>I am a good markes-man, I can hit right
I warrant you,</HI> and they not &s;uffering the &s;aid doore, according
to the cu&s;tome of Parliament to be &s;hut, but &s;aid, <HI>they would have
the doore open,</HI> and if any oppo&s;ition were again&s;t them, they made
no que&s;tion, but they &s;hould make their party good, and that they
would maintain their party, and when&s;everal of the Members of the
hou&s;e of <HI>Commons</HI> were comming into the Hou&s;e, their attendants
de&s;iring that Room might be made for them, &s;ome of the &s;aid Soul|diers
an&s;wered, <HI>A pox of God confound them;</HI> and others &s;aid, <HI>A
pox take the hou&s;e of Commons, let them come and be hanged:
What a doe is here with the hou&s;e of Commons;</HI> And &s;ome of the
&s;aid Souldiers did likewi&s;e a&s;&s;ault, and by force di&s;arme &s;ome of
the attendants, and &s;ervants of the Members of the hou&s;e of Com|mons,
waiting in the Roome next the &s;aid hou&s;e; and upon the
Kings returne out of the &s;aid hou&s;e, many of them by wicked
Oathes and otherwi&s;e expre&s;&s;ed much di&s;content&punc; that &s;ome Mem|bers
of the Hou&s;e, for whom they came, were not there, and others
&s;aid, when <HI>comes the word?</HI> And no word being given at his Ma|je&s;ties
coming out, they cried a <HI>Lane a Lane,</HI> afterwards &s;ome of
them being demanded <HI>what they thought the &s;aid company inten|ded
to have done?</HI> An&s;wered, <HI>that que&s;tionle&s;&s;e in the po&s;ture they
were &s;et, if the word had been given they &s;hould have fallen upon
the hou&s;e of Commons, &amp; have cut al their throats.</HI> Vpon all which
we are of opinion, that it is &s;ufficiently proved, that the comming
of the &s;aid Souldiers, Papi&s;ts and others with his Maje&s;tie, to the
hou&s;e of <HI>Commons on Tue&s;day</HI> la&s;t, being the fourth of this in&s;tant
<HI>Ianuary,</HI> in the manner afore&s;aid, was <HI>to take away &s;ome of the-Members
of the &s;aid hou&s;e,</HI> and if they &s;hould have found oppo&s;i|tion
or denyall, <HI>then to have falne upon the &s;aid</HI><NOTE N="*" PLACE="marg">Was not the Armies im|peachment of the Members and march to <HI>London</HI> for the &s;ame pvrpo&s;e &amp; de&s;igne alike trayterous.</NOTE> <HI>hou&s;e in a ho|&s;tile
manner,</HI> And we doe hereby declare <HI>that the &s;ame was a tray|terous
de&s;igne again&s;t the King and Parliament.</HI></P>
<P>And where as the &s;aid Mr. <HI>Holles,</HI> Sir <HI>Arthur Ha&s;lerigge,</HI> Mr.
<PB N="6" REF="4">
<HI>Pym,</HI> Mr. <HI>Hampden,</HI> and Mr. <HI>Strode</HI> upon report of the comming
of the &s;aid Souldiers, Papi&s;ts and others in the warlick and ho&s;tile
manner afore&s;aid, did with the approbation of the hou&s;e,<NOTE N="*" PLACE="marg">As the <GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">i &amp; other impea|ched Members did &s;ince.</NOTE> <HI>ab&s;ent
them&s;elves from the &s;ervice of the hou&s;e, for avoyding the great
and many inconveniences, which otherwi&s;e apparently might have
happened,</HI> Since which time a <HI>printed paper</HI> in the forme of a
<HI>Proclamation.</HI> bearing date the 6th. day of this in&s;tant <HI>Ianuary,</HI>
hath i&s;&s;ued out, for the <HI>apprehending</HI> and <HI>impri&s;oning</HI> of them;
therein &s;ugge&s;ting, <HI>that</HI><NOTE N="*" PLACE="marg">Did not the Army &amp; their Agents print the &s;ame of the xi impeached Members who de&s;ented them+&s;elves to plea&s;e them</NOTE> <HI>through the con&s;cience of their owne
guilt, they were ab&s;ent and fled, not willing to &s;ubmit them&s;elves
to Iu&s;tice.</HI> We do further declare,<NOTE N="*" PLACE="marg">So are their Papers again&s;t the xi. Mem|bers too</NOTE> <HI>that the &s;aid paper is fal&s;e,
&s;candalous, and illegall:</HI> and that notwith&s;tanding the &s;aid prin|ted
paper, or any Warrant i&s;&s;ued out, or any other matter yet ap|pearing
again&s;t them, or any of them, <HI>they</HI><NOTE N="*" PLACE="marg">So ought all the impeached Members and others &s;u&s;pen|ded and ex|empted again&s;t by the Armies meanes.</NOTE> <HI>may and ought to at|tend
the &s;ervice of the &s;aid hou&s;e of Commons, and the &s;everall
Committees on foot.</HI> And <HI>that it is lawfull for all per&s;ons what|&s;oever,
to lodge, harbour, or conver&s;e with them, or any of them,</HI>
and who&s;oever &s;hall be que&s;tioned for the &s;ame, <HI>&s;hall be under the
protection and priviledge of the Parliament.</HI></P>
<P><HI>And we do further declare, that the publi&s;hing of</HI> &s;everall
Articles purporting a forme of a Charge of high Trea&s;on <HI>again&s;t
the Lord</HI> Kimbolton, <HI>one of the Members of the</HI> Lords hou&s;e, <HI>and
again&s;t the &s;aid Mr.</HI> Holles, <HI>Sir</HI> Arthur Ha&s;lerigge, <HI>Mr.</HI> Pym, <HI>Mr.</HI>
Hampden, <HI>and Mr.</HI> Strode, <HI>by Sir</HI> William Killegrew, <HI>Sir</HI> William
Flemen <HI>and others, in the Innes of Court and el&s;e where, in the
Kings name, was</HI> a<NOTE N="*" PLACE="marg">And was not the Armies printing and publi&s;hing their generall &amp; par|ticular fal&s;e &s;candalous Charge again&s;t the xi Mem|bers, &s;uch?</NOTE> high breach of the priviledge of Parliament,
a great &s;candall to his Maje&s;ty, and his Government: A &s;editi|ous
act manife&s;tly tending to the &s;ubver&s;ion of the peace
of the Kingdome, and an injury and di&s;honour to the &s;aid
Members, there being no legal charge or accu&s;ation again&s;t them.</P>
<P>That the Priviledges of Parliament, and the Liberties of
the Subject &s;o violated and broken, cannot be fully and &s;ufficiently
vindicated, unle&s;&s;e his<NOTE N="*" PLACE="marg">And is it not now as ju&s;t to <GAP DESC="illegible" REASON="missing" EXTENT="1 letter">nquire as much of the Generall the Councell of Warre &amp; Ar|my, touching tho&s;e who con|trived &amp; pub|li&s;hed the Charge &amp; impeachment again&s;t the xi Members, &amp; pre&s;&s;ed their removeall from the Hou&s;e, &amp;c before any proofe again&s;t them?</NOTE> Maje&s;ty will be gratiou&s;ly plea&s;ed to
di&s;cover the names of tho&s;e per&s;ons, who advi&s;ed his Maje&s;ty to
i&s;&s;ue out Warrants, for the fealing of the Chambers, and Stu|dies
of the &s;aid Members, to &s;end a Serjeant at Armes to the
hou&s;e of Commons to demand their &s;aid Members, to i&s;&s;ue our &s;e|verall
<PB N="7" REF="4">
Warrants under his Maje&s;ties owne hand to apprehend
the &s;aid Members; His Maje&s;ties comming thither in his owne
Royall per&s;on, the publi&s;hing of the &s;aid Articles, and printed
paper in the forme of a Proclamation again&s;t the &s;aid Members, in
&s;uch manner as is before declared, To the end, that &s;uch per&s;ons
may receive condigne puni&s;hment.</P>
<P><HI>And this hou&s;e doth further declare, that all &s;uch per&s;ons as
have</HI> given any Councell, or endeavoured to &s;et or maintaine di|vi&s;ion
or di&s;like between the King and Parliament, <HI>or have</HI> li&s;ted
their names, <HI>or otherwi&s;e entred into any</HI> Combination or agree|ment,
to be ayding, or a&s;&s;i&s;ting, to any &s;uch Conncell, or endeavour,
or have per&s;waded any other &s;o to doe, <HI>or</HI> that &s;hall do any of the
things above mentioned: And &s;hall not forthwith di&s;cover the
&s;ame to either hou&s;e of Parliament; <HI>Or the</HI> Speaker of either of
the &s;aid Hou&s;es re&s;pectively <HI>and di&s;claime it,</HI> are<NOTE N="*" PLACE="marg">In what ca&s;e then are tho&s;e Officers &amp; A|gitators in the Army who contrived and publi&s;hed their engagements, Charge, &amp; Re|mon&s;trauces again&s;t the ac|cu&s;ed Members and others of both Hou&s;es?</NOTE> declared pub|lique
Enemies of the State and peace of this Kingdome, and &s;hall
be enquired of and proceeded again&s;t accordingly.</P>
<P>Die Lunae 17. <HI>Ianuarij</HI> 1641. It is this day ordered, by the
Commons a&s;&s;embled in Parliament, that this <HI>Declaration</HI> be
forthwith publi&s;hed in print.</P>
</DIV1>
<DIV1 TYPE="petition">
<HEAD><NOTE N="*" PLACE="marg">An exact Collection, &amp;c. p. 76.</NOTE> To the Kings mo&s;t Excellent Maie&s;ty,
The humble Petition of the Lords and Commons
now A&s;&s;embled in PARLIAMENT.</HEAD>
<OPENER>SHEVVETH,</OPENER>
<P><HI>THat your</HI> Maje&s;ty <HI>in an&s;wer to their late Petition, touching
the proceedings again&s;t the Lord</HI> Kimbolton, <HI>Mr.</HI> Holles,
<HI>Sir</HI> Arthur Ha&s;terigge, <HI>Mr.</HI> Pym, <HI>Mr.</HI> Hampden, <HI>and Mr.</HI> Strode,
<HI>Members of the</HI> Parliament <HI>was plea&s;ed to &s;ignifie:</HI> That as your
Maje&s;ty conceived that you had ground enough to accu&s;e them.
So now your Maje&s;ty finds as good cau&s;e wholly to de&s;ert the pro|&s;ecution
of them. <HI>Notwith&s;tanding which they remaine &s;till
under that</HI> heavy charge <HI>&s;o imputed to them, to the</HI> exceeding
<PB N="8" REF="5">
prejudice <HI>not only of</HI><NOTE N="*" PLACE="marg">And is not this as true of the now impea|ched Members and Pe<GAP DESC="illegible" REASON="faint" EXTENT="1+ letters">s?</NOTE> <HI>them&s;elves</HI> but al&s;o of the whole Parlia|ment.</P>
<P><HI>And Whereas by the expre&s;&s;e Lawes and Statutes of this your
Realm; that is to &s;ay, by two</HI> Acts <HI>of</HI> Parliament, <HI>the one made in
the 37. yeer and the other in the 38. yeer of the raign of your mo&s;t
noble progenitour</HI> King Edward the 3. <HI>If any per&s;on</HI> what&s;oe|ver
make &s;ugge&s;tion to the King him&s;elfe of any crime commit|ted
by another, the &s;ame per&s;on ought to be &s;ent with the &s;ugge&s;ti|on
before the Chancelour or Keeper of the great &s;eale, Trea&s;urer,
and the Great Councell, there to find &s;uretie to pur&s;ue his &s;ugge&s;|tion;
which if he cannot prove, he is to be impri&s;oned till he hath
&s;atisfied the partie accu&s;ed of his dammages and &s;lander, and made
fine and ran&s;ome to the King.</P>
<P><HI>The &s;aid</HI> Lords <HI>and</HI> Commons <HI>humbly be&s;eech your Maje&s;ty, that</HI>
not only in point of Iu&s;tice to the &s;aid<NOTE N="*" PLACE="marg">And ought not your &s;elves to do that right to your impea|ched Members now, upon their malicious ac|cu&s;ers, as you petitioned for the Members then impeached upon the &s;elfe-&s;ame grounds.</NOTE> Members in their particu|lers,
<HI>but</HI> for the vindication of the Rights and Priviledges of Par|liament;
<HI>Your</HI> Maje&s;ty <HI>will be plea&s;ed</HI> to <HI>&s;end</HI> the per&s;on or per|&s;ons,
that in this ca&s;e made the &s;ugge&s;tions <HI>or</HI> informations to your
Maje&s;ty again&s;t the &s;aid Members of Parliament, together with
the &s;aid &s;ugge&s;tions or informations, to your Parliament. That &s;o
&s;uch good fruits of the &s;aid good Lawes may be had as was inten|ded
<HI>by</HI> them, and the Rights and Priviledges of Parliament may
be vindicated&punc; which of Right and Iu&s;tice ought not to be denyed.</P>
</DIV1>
<DIV1 TYPE="document">
<HEAD><NOTE N="*" PLACE="marg">An exact Col+lection. p. 295 l 200. 201. &amp;c.</NOTE> The Declaration or Remon&s;trance of the Lords and
Commons in Parliament a&s;&s;embled.
<DATE>May 19. 1642.</DATE></HEAD>
<P>THe Infinit mercie and providence of the <HI>Almightie God</HI> hath
bin abundantly manife&s;ted &s;ince the beginning of this <HI>Parlia|ment,</HI>
in great varietie of protections and ble&s;&s;ings, whereby he
hath not only dilivered us from many <HI>wicked plots&punc;</HI> and <HI>de&s;ignes,</HI>
which if they had taken effect would have brought <HI>ruine,</HI> and <HI>de|&s;truction</HI>
upon this Kingdom: but out of tho&s;e attempts hath pro|duced
divers evident and remarkeable advantages to the furthe|rance
of tho&s;e &s;ervices, which we have bin de&s;irous to performe
to our Soveraign Lord the <HI>King,</HI> and to this <HI>Church</HI> and <HI>State,</HI> in
<PB N="9" REF="5">
providing for the publique peace and pro&s;perity of his <HI>Maje&s;ty,</HI>
and all his <HI>Realmes,</HI> which in the pre&s;ence of the &s;ame all-&s;eeing
deity, we <HI>prote&s;t to have been, and &s;till to be the only end of all our
councells and endeavours,</HI> wherein we have re&s;olved to <HI>continue,
freed,</HI> and <HI>inlarged</HI> from<NOTE N="*" PLACE="marg">Can al Mem|bers make this Prote&s;tation now, without perjury or hy|pocri&s;ie?</NOTE> <HI>all privat aymes, per&s;onall re&s;pects</HI> or
<HI>pa&s;&s;ions what&s;oever</HI></P>
<P>In which re&s;olution we are nothing di&s;couraged, although the
heads of the <HI>Malignant partie</HI> di&s;appointed of that prey, the <HI>Re|ligion</HI>
and <HI>Libertie</HI> of this <HI>Kingdome</HI> which they were readie to
&s;elfe upon and devour before the beginning of this Parliament,
have &s;till per&s;i&s;ted by new practi&s;es both of <HI>force</HI> and <HI>&s;ubtiltie,</HI> to
recover the &s;ame againe. For which purpo&s;e; <HI>they have made &s;e|verall</HI>
<NOTE N="*" PLACE="marg">The very Plot of <HI>Crom|well, Ireton,</HI> &amp; their Confede|rates &s;ince, who tread in the&s;e Malig|nants &s;tepps &amp; have actually executed, what they only de|&s;igned.</NOTE> <HI>attempts for the bringing up of the Army:</HI> they after|wards
<HI>projected the fal&s;e accu&s;ation of the Lord</HI> Kimbolton, <HI>and
the five Members of the hou&s;e of Commons,</HI> which being in it &s;elfe
<HI>of an odious nature,</HI> they yet &s;o farre prevailed with his Maje&s;tie,
as to procure him to take it on him&s;elfe&punc; but when the unchange|able
<HI>duty</HI> and <HI>faithfullne&s;&s;e of the Parliament could not be
wrought upon by &s;uch a fact as that;</HI> to withdraw any part of
their reverence and obedience from his Maje&s;ty, they have with
much art and indu&s;try advi&s;ed his Maje&s;ty, <HI>to &s;uffer divers uniu&s;t</HI>
<NOTE N="*" PLACE="marg">Have not the Army &amp; Agi|tators in their Remon&s;trances Declarations, &amp; other printed Papers done the like, for a like de&s;igne, or wor&s;e?</NOTE> <HI>&s;candals and imputations upon the Parliament to be publi&s;hed
in his name, whereby they might make it odious to the people,</HI> and
<HI>by their help to de&s;troy that, which hitherto hath been the onely
meanes of their pre&s;ervation, &amp;c.</HI></P>
<P>The accu&s;ation of the Lord <HI>Kimbolton,</HI> and the five Members of
the hou&s;e of <HI>Commons,</HI> is called<NOTE N="*" PLACE="marg">And were not the late impeach+ments of the 11 Members and 7 Peers &s;uch, farr above any &s;ati&s;|faction yet gi|ven them by their Accu&s;ers?</NOTE> <HI>a breach of Priviledge,</HI> and <HI>tru|ly
&s;o it was, and a very high one;</HI> far <HI>above any &s;atisfaction that
hath been yet given.</HI> How can it be &s;aid to be largely &s;atisfied, &s;o
long as his Maje&s;ty laboured, <HI>to pre&s;erve Mr. Attorney from
puni&s;hment;</HI> Who was the vi&s;ible Actor in it? &s;o long as his Ma|je&s;ty
hath not only ju&s;tified him, but by his Letter declared, <HI>that it
was his duty to accu&s;e them, and, that he would have puni&s;hed him,
if he had not done it? So long as tho&s;e Members have not the</HI><NOTE N="*" PLACE="marg">The ca&s;e of tho&s;e now im|peached</NOTE>
<HI>meanes of cleering their innocencie? And the Authors of that
malitious charge undi&s;covered, though both hou&s;es of Parliament
have &s;everall times petitioned his Maje&s;ty to di&s;cover them.</HI> And
that not only upon grounds of <HI>Common Iu&s;tice,</HI> but by <HI>act</HI> of <HI>Par|liament,</HI>
<PB N="10" REF="6">
His <HI>Maje&s;ty</HI> is bound to do it? So long as the King refu|&s;eth
to pa&s;&s;e a bill for <HI>their di&s;charge;</HI> Aleadging, <HI>that the narra|tive
in that Bill is again&s;t his honor,</HI> whereby he &s;eemes &s;till to a|vow
the matter of that fal&s;e accu&s;ation though he de&s;erts the pro+&s;ecution,
offring to pa&s;&s;e a bill for their acquittall, yet with <HI>inti|mation,</HI>
that they<NOTE N="*" PLACE="marg">And mu&s;t the now impea|ched Lords &amp; Commons do &s;o to, as their fal&s;e Acu|&s;ers would have them?</NOTE> <HI>mu&s;t de&s;ert the avowing their owne innocen|cie,
which would more wound them in honor, then &s;ecure them in
Law.</HI></P>
<P>And in <HI>Vindication</HI> of this great <HI>priviledg of Parliament,</HI> we do
not know that we have invaded any priviledge belonging to his
Maje&s;ty as is aleadged in this Declaration.</P>
<P><HI>But we looke not upon this only in the Notion, of a</HI> breach
of priviledge, <HI>which might be, though the accu&s;ation were true,
or fal&s;e,</HI> but under the notion of a haynous crime in the Attorney,
and all other Subjects, who had a hand in it. <HI>A</HI><NOTE N="*" PLACE="marg">Is not this the Councell <GAP DESC="illegible" REASON="faint" EXTENT="2 letters"> Wars &amp; the Armies crime, <GAP DESC="illegible" REASON="faint" EXTENT="1 word"> impeaching <GAP DESC="illegible" REASON="faint" EXTENT="1 word"> pre&s;ent in|<GAP DESC="illegible" REASON="faint" EXTENT="1+ letters">ent Lords, Commons, and Citizens of Trea&s;on, in the <GAP DESC="illegible" REASON="faint" EXTENT="1+ letters"> of the high <GAP DESC="illegible" REASON="faint" EXTENT="1+ letters"> I<GAP DESC="illegible" REASON="faint" EXTENT="1 letter">dicatory? <GAP DESC="illegible" REASON="faint" EXTENT="1 word"> &s;hall it go unpuni&s;hed &amp; <GAP DESC="illegible" REASON="faint" EXTENT="1+ letters">y unrecom|penced and un|&s;ighted?</NOTE> crime again&s;t the
Law of nature, again&s;t the rules <HI>of</HI><NOTE N="*" PLACE="marg">Much les Sr Thomas Fair|<GAP DESC="illegible" REASON="faint" EXTENT="1+ letters"> and his Councell in the army.</NOTE> Iu&s;tice, that innocent men
&s;hould be charged with &s;o great an offence as Trea&s;on, in the face
of the highe&s;t Iudicatory of the Kingdome, whereby their lives,
and e&s;tates, their blood, and honor, are endangered without witnes,
without evidence, without all po&s;&s;ibility of reparation in a Legall
cour&s;e: <HI>yet a crime of &s;uch a nature, that his</HI><NOTE N="*" PLACE="marg">Much le&s;&s;e then an whole army.</NOTE> Maje&s;ties command
can no more warrant, then it can any other Act of inju&s;tice. <HI>It is
true that tho&s;e things which are evill in their own nature, &s;uch as is</HI>
fal&s;e te&s;timony, <HI>or</HI> fal&s;e accu&s;ation cannot be the Subject of any
command, or induce any obligation of obedience upon any man, by
any authority what&s;oever: <HI>therefore the</HI> Attorney <HI>in this ca&s;e was</HI>
bound to refu&s;e to execute &s;uch a command, <HI>unle&s;&s;e he had &s;ome</HI>
&s;uch evidence or te&s;timonie as might have warranted him again&s;t
the parties, and be lyable to make &s;atisfaction if it &s;hould prove
fal&s;e: <HI>and it is &s;ufficiently knowne to every man, and adjudged in
Parliament, that the</HI><NOTE N="*" PLACE="marg">Be &s;ure then to give the im|peached Mem|bers of both hou&s;es now, ve|ry good &s;atis|faction again&s;t their malicious accu&s;ers to <GAP DESC="illegible" REASON="faint" EXTENT="1 letter">re|<GAP DESC="illegible" REASON="faint" EXTENT="1+ letters">nt the danger <GAP DESC="illegible" REASON="faint" EXTENT="1+ letters">mated.</NOTE> King <HI>can be</HI> neither <HI>the</HI> Relator, informer
<HI>nor</HI> witne&s;&s;e. <HI>If it</HI> re&s;t as <HI>it is</HI> without further &s;atisfaction, <HI>no</HI>
future Parliament can be &s;afe, But that the Members may be ta|ken
and de&s;troyed at plea&s;ure, yea the very principles of Govern|ment
and Iu&s;tice will be in danger to be di&s;&s;olved.</P>
<P><HI>The Occa&s;ion of this</HI> Declaration <HI>and</HI> Remon&s;trance <HI>of both
Hou&s;es, was the trea&s;onable Plot of</HI> Henry Jermin, Peircy, Goa|ring,
<HI>and others related in and annexed to it: which they thus ex|pre&s;&s;e,</HI>
<PB N="11" REF="6">
* That by their in&s;truments and agents they attempted to
di&s;affect and di&s;content his Maje&s;ties Army (in the North) to en|gage
for the maintenance of their wicked and trayterous de&s;ignes,<NOTE PLACE="marg">Exact Colecti+on p. 18. 210. 211. 219. 217. 218. 221. 222 228.</NOTE>
the keeping up Bi&s;hops in votes and functions; and by force
<HI>To COMPEL THE PARLIAMENT,</HI> to order, limit, and di&s;po&s;e
their proceedings in &s;uch manner as might be&s;t concur with the
intentions of their dangerous and potent faction. To <HI>which end they
concluded,</HI> that the Army &s;hould keep together and not disband till
all their arreares were paid: That they &s;hould petition the Parli|ament
for money, there being &s;o great arrears due unto them, &amp; &s;o
much delayes made for the procuring of them. That they
&s;hould likewi&s;e &s;end up a Declaration to the Parliament of the&s;e
particulars, That nothing &s;hould be done in Parliament, contrary
to any former act of Parliament. That Bi&s;hops &s;hould be maintai|ned
in their Votes and functions, And the Kings Revenue be e|&s;tabli&s;hed.
That they &s;hould bring up the Army to London, a|gain&s;t
the Parliament and City, <HI>for</HI> that the Army heard of great
tumults about London; (&amp; therefore offered them&s;elves to &s;erve
the King and Parliament (in a Petition drawen to that purpo&s;e)
with the la&s;t drop of their blouds: <HI>and by this pretence of guar|ding
the Parliament</HI> and City upon <HI>this noy&s;e of Tumults in</HI> Lon|don,
to compell the Hou&s;es to Order things according to their de|&s;ires,
and to &s;ecure the Tower of London, <HI>and</HI> Portsmouth, <HI>and</HI> im|peach
the leading Members that &s;hould oppo&s;e them; <HI>which la&s;t
was put in execution, again&s;t &s;ome</HI> Members, <HI>as is before related.</HI></P>
<P>Whether <HI>Cromwell</HI> and his <HI>Confederates,</HI> have not punctually
pur&s;ued their trayterous de&s;ignes, and far out-&s;tripped them in
all the&s;e particulars, by engaging this Army of late upon the
&s;ame grounds &amp; pretences to do the very &s;ame and much more in
reality, which that Army then was only de&s;igned to do intentio|naly;
let the impartial reader judge, <GAP DESC="illegible" REASON="faint" EXTENT="2 letters"> who are the greate&s;t <HI>Tray|tor</HI>
and <HI>Con&s;pirators</HI> of the two again&s;t the <HI>Parl. Kingdome,</HI> and
<HI>King</HI> too (whom they have forcibly plundered out of both hou|&s;es
po&s;&s;e&s;&s;ion, from whom they &s;till detaine him, and recruit and
keepe the Army together, neare the City, to give lawes to <HI>Par|liament,
City, King</HI> and <HI>Kingdome,</HI> to impeach, impri&s;on, &s;u&s;pend
and expell the Members of both hou&s;es who dare oppo&s;e them,
at their plea&s;ure; and inforce them to vote and unvote what their
<PB N="12" REF="7">
Grand Councell of the Army and <HI>Agitators</HI> &s;hall pre&s;cribe them)
let the Hou&s;es, City, and Kingdome determine. Certainly their
late intimacy and corre&s;pondency with <HI>A&s;hburuham,</HI> and Capt.
<HI>Legg,</HI> who had a great hand in this <HI>Con&s;piracy and Trea&s;on,</HI> of
bringing up the <HI>Northren Army to London</HI> upon the&s;e pretences,
again&s;t the Parliament, and City who adheered to them; makes in|telligent
men &s;hrewdly &s;u&s;pect, they had a finger in bringing up
the Armie of late to <HI>London,</HI> upon the like pretences of <HI>tumults
there&punc;</HI> who have been more unrea&s;onable and trea&s;onable in their
Remon&s;trances, Petitions, Demands to, &amp; Actions again&s;t the hou|&s;es,
and Members then the Northren Army: <HI>ex Cauda Draconem.</HI></P>
<P>What crime it is for any to accu&s;e Members of Parliament of
<HI>Trea&s;on</HI> for acting or voting any thing in Parliament, or by the
Parliaments authority or command, will evidently appeare by the
re&s;olutions of two ancient Parliaments.</P>
<P>In the 10. yeare of King <HI>Richard</HI> the 2. the Parliament by a<NOTE N="*" PLACE="marg"><GAP DESC="illegible" REASON="faint" EXTENT="1+ letters"> c. R. 2. c. 1. <GAP DESC="illegible" REASON="faint" EXTENT="1 letter"> R. 2. c. 1. 2. 3.</NOTE>
<HI>&s;peciall Act and Commi&s;&s;ion,</HI> put the government of the Kingdom,
and Kings Revenues into the hands of certaine Lords, by rea&s;on
of the Kings mi&s;government: Whereupon the King &s;oone after
that Parliament ended, called his Judges, and Coun&s;ell at Law to
<HI>Nottingham Ca&s;tle</HI> to demand their opinions concerning this act
and Commi&s;&s;ion and the procurers thereof in Parliament; and
concerning &s;ome proceedings in Parliament: to which they re|turned
their An&s;wer, thus expre&s;&s;ed in the Statute of 21. R. 2. c. 12.</P>
<P>Memorandum that the 25. day of the moneth of <HI>Augu&s;t</HI> the
11th. yeare of the Raigne of King <HI>Richard</HI> the &s;econd, at the
Ca&s;tle of <HI>Nottingham,</HI> before our &s;aid Soveraigne Lord the King,
<HI>Rob. Tre&s;ilyan</HI> chieif Ju&s;tice, <HI>Rob. Belknap,</HI> chief Iu&s;tice of the com|mon
Bench, <HI>Io. Halt, Rog. Fulthrop, &amp; Wil, Burgh, Kts.</HI> fellows of
the &s;aid <HI>Rob. Belk. &amp; Io. Locton</HI> one of the Kings Serj. at Law, being
per&s;onally required in the pre&s;ence of the Lords &amp; other witne&s;&s;es
under written, by our &s;aid Soveraign L. the King in the faith &amp; Le|geance
by which they be firmly bounden to the &s;aid King, that they
&s;hould truely an&s;wer to certain que&s;tions under written, and before
them recited, and upon the &s;ameby their di&s;cretions to &s;ay the law.</P>
<P>Fir&s;t it was enquired of them? <MILESTONE N="1" UNIT="Que&s;t."> whether that the &s;ame new Sta|tute
and Ordinance, and the Commi&s;&s;ion made in the la&s;t<NOTE N="*" PLACE="marg">10. Ri. 2. c. 1.</NOTE> <MILESTONE UNIT="An&s;w."> Parlia|ment
holden at <HI>We&s;tm</HI> be hurtful to the Kings Royal prerogative?</P>
<P><PB N="13" REF="7">
Whereunto all of one minde an&s;wered, that they bee
hurtfull, <MILESTONE N="2" UNIT="Que&s;t."> and &s;pecially becau&s;e they were again&s;t the Kings will.
Item it was enquired of them, how they ought to be puni&s;hed, w^c^h
procured the &s;aid Statute, Ordinance, and Commi&s;&s;ion to be made?</P>
<P>Whereunto with one a&s;&s;ent they an&s;wered, <MILESTONE UNIT="An&s;w."> how they ought to
be puni&s;hed by the capitall paine, that is to &s;ay, of death, unle&s;&s;e the
King in this party of his grace will pardon them.</P>
<P>Item, <MILESTONE N="3" UNIT="Que&s;t."> it was enquired, how they ought to be puni&s;hed which
excited the &s;aid King to con&s;ent to the making of the &s;aid &s;tatute,
Ordinance, and Commi&s;&s;ion?</P>
<P>Where unto of one minde they &s;aid, <MILESTONE N="3" UNIT="An&s;w."> that unle&s;&s;e the King would
give them his pardon, they ought to be puni&s;hed by the capitall
paine.</P>
<P>Item, <MILESTONE N="4" UNIT="Que&s;t."> it was enquired of them, what paine they de&s;erved, that
compelled the King to con&s;ent to the making of the &s;aid Statute,
Ordinance, and Commi&s;&s;ion?</P>
<P>Whereunto by one a&s;&s;ent they gave an&s;wer, <MILESTONE N="4" UNIT="An&s;w."> that as Traytors
they ought to be puni&s;hed.</P>
<P>Item, <MILESTONE N="5" UNIT="que&s;t."> how they ought to be puni&s;hed, that did interrupt the
King, &s;o that he might not exerci&s;e tho&s;e things that appertaineth
to his regallity and prerogative?</P>
<P>Where unto of one a&s;&s;ent it was an&s;wered, <MILESTONE N="5" UNIT="An&s;w."> that they ought to be
puni&s;hed as Traitors.</P>
<P>Item, <MILESTONE N="6" UNIT="que&s;t."> it was enquired of them, whether that after that the bu|&s;ine&s;&s;e
of the Realme, and the cau&s;e of the A&s;&s;embly of the Parlia|ment,
were by the King Commandement di&s;clo&s;ed and declared
in the Parliament, and other Articles limitted by the King, upon
which the Lords and Commons of the Realme ought to proceed
in the &s;ame Parliament, if the Lords and Commons would in any
wi&s;e proceed upon other Articles, and in no wi&s;e upon the Articles
limited by the King, till the King had an&s;wered to the Articles
expre&s;&s;ed by them: Notwith&s;tanding that they were by the King
enjoyned to the contrary: Whether the King in this ca&s;e ought
to have the rule of the Parliament, and indeed to rule, to the in|tent,
that upon the Articles limitted by the King, they ought fir&s;t
to proceed or not, before they proceed any further?</P>
<P>To this que&s;tion of one minde they an&s;wered; <MILESTONE N="6" UNIT="An&s;w."> That the King
in this partie &s;hould have the rule, and &s;o in order one after ano|ther
<PB N="14" REF="8">
in all other Articles touching the Parliament untill the end
of the Parliament; And if any doe contrary to this rule of the
King, he ought to be puni&s;hed as a Traytor.</P>
<P>Item whether the King when &s;oever it plea&s;eth him, <MILESTONE N="7" UNIT="que&s;t"> might di|&s;&s;olve
the Parliamenr, and command his Lords and Commons to
depart from thence or not?</P>
<P>Whereunto it was of one mind an&s;wered, that he may. And if
any would proceed in the Parliament again&s;t the King will, <MILESTONE N="7" UNIT="an&s;wer."> he is
to be puni&s;hed as a Traytor.</P>
<P>Item it was enquired. <MILESTONE N="8" UNIT="que&s;t."> &s;ince that the King when&s;oever him&s;elfe
plea&s;ed might remove his Officers or Iu&s;tices, and to ju&s;tifie and
puni&s;h them for their offences, Whether the Lords and Commons
might without the Kings will, impeach the &s;ame Officers and Iu&s;ti|ces
upon their offences in the Parliament or not?</P>
<P>To which que&s;tion it was by one mind an&s;wered, that they might
not, <MILESTONE N="8" UNIT="an&s;w."> And he that doth contrary is to be puni&s;hed as a Traytor.</P>
<P>Item it was enquired how he is to be puni&s;hed that moved in
the Parliament, <MILESTONE N="9" UNIT="que&s;t."> that the &s;tatute &s;hould be &s;ent for whereby <HI>Ed|ward</HI>
the Sonne of King <HI>Edward</HI> Great Grandfather to the King
that now is, was another time endited in the Parliament, by the
in&s;pection of which &s;tatute, the &s;aid new &s;tatute or Ordinances,
and Commi&s;&s;ion were conceived in the Parliament?</P>
<P>To which que&s;tion, <MILESTONE N="9" UNIT="an&s;w."> of one accord they an&s;wered, that as well
he that &s;o moved, as the other which by force of the &s;ame motion
brought the &s;aid Statute into the Parliament Hou&s;e, be as Cri|minous
and trayterous worthy to be puni&s;hed.</P>
<P>Item it was enquired of them, <MILESTONE N="10" UNIT="que&s;t."> whether the Iudgement given in
our Parliament holden at <HI>We&s;tmin&s;ter</HI> again&s;t the Earl of <HI>Suffolk</HI>
were erronious and revocable or not?</P>
<P>To which que&s;tion of one a&s;&s;ent they &s;aid, <MILESTONE N="10" UNIT="an&s;w."> that if the &s;ame judg|ment
were now to be given, the &s;ame Iu&s;tices and Serjeants afore|&s;aid
would not give the &s;ame, becau&s;e it &s;eemed to them that the
&s;ame judgement is revocable as erronious in every part.</P>
<P>In witnes whereof the Iu&s;tices and Serjeant afore&s;aid to this
pre&s;ent have &s;et their &s;eales, The&s;e men being Witne&s;&s;es, the Re|verend
Fathers, The Lords, <HI>Alexander Arch Bi&s;hop of York, Ro|bert
Archbi&s;hop of Dublin, Iohn Bi&s;hop</HI> of <HI>Darham, Thomas Bi|&s;hop
of Che&s;ter, Iohn Bi&s;hop of Bangore; Robert Duke of Ireland,
<PB N="15" REF="8">
Mighell Earle of Suffelk, Iohn Ryppon Clerk,</HI> and <HI>Iohn Blake.</HI>
Dated the day, place, moneth and yeare afore&s;aid.</P>
<P>For this opinion of theirs; <HI>That</HI> the Lords procuring of this
Commi&s;&s;ion, Statute, and Ordinance in Parliament was <HI>Trea&s;on,</HI>
and, That the, Members in Parliament might be guilty of <HI>Trea&s;on,</HI>
for their free votes and proceedings in Parliament; or acting any
thing by the Parliaments authority and command in the ca&s;es
propounded to them, they were all the very next Parliament 11.
<HI>R.</HI> 2, accu&s;ed of <HI>Trea&s;on,</HI> impeached <HI>as Traytors</HI> and <HI>Ene|mies
to the King and Realms, fore-judged of their lives, and judg|ment
given again&s;t them of forfeiture of all their Lands, tene|ements,
goods and Chattels,</HI> as the &s;tatutes of 11. <HI>R.</HI> 2. c. 1. 2. 3.
4. 5. 21, <HI>R.</HI> 2. c. 12. &amp; our Hi&s;torians in 11. <HI>R.</HI> a. record. <HI>Try&s;ilian</HI> was
drawen to <HI>Tyburn,</HI> and there executed others were perpetual|ly
bani&s;hed: <HI>Belknap</HI> him&s;elfe confe&s;&s;ed, and &s;aid,<NOTE N="*" PLACE="marg">Speedes Hi&s;t p. 747<GAP DESC="illegible" REASON="faint" EXTENT="1 letter"></NOTE> <HI>There
wanted but a hurdle a hor&s;e. and a halter to carry him where he
might &s;uffer the death he de&s;erved: for if I had not
done this</HI> I &s;hould have died for it, and becau&s;e <HI>I</HI> have
done it, <HI>I De&s;erve Death for Betraving the Lords.</HI> This
judgment being rever&s;ed by the Kings power in the forced Par|liament
of 21. <HI>R.</HI> 2. c 12. it was in the next Parliament of 1. <HI>H.</HI>
4. c. 3. 4. affirmed and confirmed, as given <HI>for the great Honor,
and common profit of the</HI> Realme. So as the&s;e two Parliaments
have re&s;olved, that to accu&s;e Lords and Members of Parliament,
of trea&s;on for votes, Ordinances, and proceedings of Parliament,
or for acting in or by Authority of Parl, is no le&s;&s;e then Trea|&s;on,
and that &s;uch accu&s;ers and impeachers (e&s;pecially if Judges and
Lawyers) are Traytors and Enemies both to King; and Kingdom,
undermining the Freedome; Priviledges, and Foundation of all
Parliaments, where no Members can &s;et or &s;peak freely and &s;ecure|ly
without endangering their heads and, &s;tates, nor any act &s;ecur|ly
under their Ordinances and Commandes if they may be thus
impeached and become guilty of high Trea&s;on, for what they
&s;hall voteand act in Parliament, or by its order and Authority.</P>
<P><HI>This Pre&s;ident, was cited at large and much urged by Mr.</HI> Oli|ver
St Iohn <HI>his</HI> Maje&s;ties Solicitor Generall, <HI>in his</HI> &s;peech <HI>at a</HI>
conferrence <HI>of</HI> both Hou&s;es <HI>of Parliament concerning</HI> Ship-mo|ney,
<HI>lanu: 1640. printed by the Hou&s;es Order pa. 28. &amp;c. where
<PB N="16" REF="9">
he proves out of the Parliament Rolls.</HI> That in this very ca&s;e,
Iudgement of High Trea&s;on was given again&s;t 18. &s;everall per|&s;ons:
8. whereof were executed, the re&s;t bani&s;hed, and their Lands
and Goods forfeited; That it was made Fellony for any to procure
their pardon, and they to be delt withall as Traytors, if they retur|ned
from their bani&s;hment.</P>
<P>That of the&s;e 18 per&s;ons, all &s;ave three were impeached by the
Commons. That the &s;umme of their offence and Trea&s;on was;
<HI>Their</HI> endeavouring to overthrow<NOTE N="*" PLACE="marg">NOTE&punc;</NOTE> Parliamentary proceedings;
and con&s;piracy again&s;t the Per&s;ons of tho&s;e Lords, who procured
this Commi&s;&s;ion and Act of Parliament for the good of the King|dome,
with reference to their proceedings in Parliament, thereby
to overthrow the Commi&s;&s;ion and Act of Parliament, wherein
tho&s;e Lords had been principall Actors. That the judgements
given again&s;t them were not hudled up in ha&s;t, but given upon
longe and mature deliberation; being the whole work of that Par|liament
from <HI>Nov.</HI> 14. till <HI>Febr.</HI> 15. following: the Hou&s;es &s;pen|ding
long time, and taking great paines in examining the evidence
the better thereby to &s;atisfie their owne con&s;cience and the world:
<HI>That</HI> the Parliament of 21. <HI>R. 2. which revoked</HI> and made void
the&s;e judgements, was held by force,<NOTE N="*" PLACE="marg">And is not this &s;o held &s;ince the armies march to <HI>Lon|don,</HI> Guards up|on it, &amp; quar|tering about it?</NOTE> <HI>viris armatis, et &s;agittarijs im|men&s;is,</HI>
as is declared in the Parliament Roll of 1. <HI>H. 4. No. 21. &amp;</HI>
22. That this Parliament of Revocation was <HI>no free Parliament.
And</HI> in the Parliament of 1. <HI>H. 4. No.</HI> 48. the&s;e judgements of Re|vocation
are declared to be <HI>erronea, iniqua, et omni juri, et ratio|ni
repugnantia:</HI>
erronius, wicked, and contrary to all right and
rea&s;on: And in the Parliament of 1. <HI>H.</HI> 4. in print, the&s;e Attain|dors
are confirmed. So that the&s;e Iudgements of Attaindors have
the authority of two Acts of Parliament, both of them of force at
this day: though the&s;e Iudges delivered the&s;e erronious opinions a|gain&s;t
the Lords by violence for<NOTE N="*" PLACE="marg">If no excu&s;e in the&s;e Iudges, much le&s;&s;e in Parliament Members; who now plead it.</NOTE> feare of death &amp; torture of their
Bodies, which was no excu&s;e. <HI>So he: How far this Pre&s;ident may
trench upon any Lawyers now, in relation, to the impeachment of
any Lords and Members for what they acted in this pre&s;ent Par|liament
and by authority and Ordinances of both Hou&s;es, let Mr.</HI>
Solicitor, <HI>and the Ho<GAP DESC="illegible" REASON="faint" EXTENT="1+ letters">es, whom it mo&s;t concernes, determine.</HI></P>
<P>Of what crime tho&s;e are guiltie, who out of particular
&s;pleen, malice, or to carry on their owne private de&s;ignes have
<PB N="17" REF="9">
lately mutined and brought up the <HI>Army</HI> to <HI>London,</HI> and by its
countenance and power mo&s;t injuriou&s;ly impeached &s;ome <HI>faith
full Lords and Commons of High Trea&s;on,</HI> for <HI>&s;itting and voting
in Parliament,</HI> and acting only in obedience to their <HI>Ordinances
and Commands,</HI> for the Parliaments <HI>&s;ervice and defence,</HI> again&s;t a
<HI>rebellions Army,</HI> marching up again&s;t the Hou&s;es and Cittie in an
Ho&s;tile manner again&s;t the <HI>Hou&s;es</HI> expre&s;&s;e commands to the con|trary?
and whether they be not <HI>Traitors</HI> and <HI>Enemies</HI> to the
Realme in this particular, &amp; as bad or wor&s;e then the <HI>Gun-powder
Traitors,</HI> which would have blown up the <HI>Members</HI> only of one
<HI>Parliament,</HI> where as the&s;e endeavour to blow up the foundati|ons
of all Parliaments, with their Members and Priviledges too at
once, let the&s;e two ancient Parliaments, and tho&s;e who are learned
in the Lawes re&s;olve.</P>
<P>And certainely this very Parliament, hath oft declared them
&s;uch and no better in the promi&s;ed <HI>Declarations,</HI> and &s;undry o|thers:
and the Hou&s;e of Commons alone in this ob&s;ervable <HI>Vote</HI>
printed by their &s;peciall Order.</P>
</DIV1>
<DIV1 TYPE="resolution">
<HEAD><NOTE N="*" PLACE="marg">An ex|act Col|lection, p. 190.</NOTE> <DATE>Die Jovis 12 Maii. 1642</DATE>
Re&s;olved upon the Que&s;tion.</HEAD>
<P><HI>THat this Hou&s;e doth declare, that if anie per&s;on what&s;oever
&s;hall</HI> arre&s;t <HI>or</HI> impri&s;on the per&s;ons of the Lords and Gentle|men,
<HI>or anie of them; or <HI>Any other of the Members of either
Hou&s;e of Parliament,</HI></HI> that &s;hall be imployed in the &s;ervice of
both hou&s;es of Parliament, or &s;hall offer violence to them, or any
of them <HI>For being Any thing in pur&s;uance of the Commands
or infirmations of both Hou&s;es,</HI> &s;hall be held <HI>Di&s;turbers of the
proceedings of Parliament, and publick Enemies of the State.</HI>
And that <HI>all Per&s;ons are bound by their Prote&s;tation to endea|vour
to bring then to condigne puni&s;hment.</HI></P>
<P><HI>Much more then are both Hou&s;es in Honour and Ju&s;tice bound
to do it, by their</HI> Prote&s;tation, <HI>and much more by their</HI> Solemne
League and Covenant; <HI>wherein</HI> they have lifted up their hands
to the mo&s;t High God, and &s;worne, &s;inceerely, really, and con&s;tantly
to endeavour with their E&s;tates and lives, mutually to pre&s;erve
<PB N="18" REF="10">
the rights and priviledges of Parliaments, and not to &s;uffer
them&s;elves directly or indirectly, by <HI>What&s;oever combination,
per&s;wa&s;ion, or terrour</HI> to be withdrawne from this Covenant;
or to give them&s;elves to a dete&s;table indifferency or neutrality
in this cau&s;e, but all the dayes of their lives to continue zealou&s;ly
and con&s;tantly therein: and to di&s;cover all Incendiaries, Ma|lignants,
and evil In&s;truments <HI>who act any thing</HI> contrary to
this League and Covenant, and that they may be brought to
publick tryall, and receive condigne puni&s;hment, as the degree of
their Offiecnces &s;hall de&s;erve, or the &s;upreame Iudicatory of the
Kingdome judge convenient.</P>
<P>Which clau&s;e of the Covenant, it is high time for them, and e|very
true-hearted Engli&s;h man, who makes con&s;cience of his Co|venant,
or beares any love to Parliaments, to remember and put
in due execution after &s;o many in&s;ufferable violations of the un|dubitable
Rights and Priviledges of Parliament, and mo&s;t injuri|ous,
malicious, violent pro&s;ecutions, fal&s;e impeachments, &s;u&s;pen|tions,
&amp; expul&s;ions, of their innocent wel de&s;erving Members, for
their fidelity and duty to the Hou&s;es and their Countrey; for feare
the honour, power and priviledges of Parliament be blowne up
and lo&s;t for ever by ba&s;e unworthy, cowardize, and &s;ilence in
this common cau&s;e, which &s;o greatly concerns our whole King|domes
pre&s;ent and future welfare, peace and &s;ettlement.</P>
<P>And till the Hou&s;es right and vindicate them&s;elves and their
Members herein, let them never expect any Honour, ble&s;&s;ing, or
cordial a&s;&s;i&s;tance from God or Men, but to be made the obloquy
&s;hame and &s;corne both of the pre&s;ent and all future Ages, after
all their former &s;plendor and renowne, now almo&s;t totally and fi|nally
ecclip&s;ed, by what means and degrees them&s;elves be&s;t know,
whereof their late de&s;erting and betraying of their owne
innocent worthy Members to the malice of &s;ome potent Officers,
in the Army (contrary to their former proceedings in the ca&s;e of
the Lord <HI>Kimbolton,</HI> Mr. <HI>Hollis,</HI> Mr. <HI>Pym,</HI> and others, which gaind
them &s;o much honour, love&punc; and ready a&s;&s;i&s;tance from the City
and Kingdome) is not the lea&s;t.</P>
<P><HI>Qui Deo et &s;ibi nequam cui bonus?</HI> If they &s;hall prove un|faithfull
to God, their owne and the peoples &s;oules, in not &s;et|ling
<HI>Religion,</HI> &s;uppre&s;&s;ing <HI>Here&s;ies, Errors, Bla&s;phemies, Sci&s;ms;</HI>
<PB N="19" REF="10">
or treacherous to their owne <HI>Priviledges,</HI> &amp; <HI>faithfull Presbyte|rian
Members</HI> in &s;acrificing them any longer to the Ambition,
and malice of L. G. <HI>Crumwell</HI> and his <HI>Confederates,</HI> (ten thou|&s;and
times<NOTE N="*" PLACE="marg">See the <HI>Put|ney projectors</HI> A Word to Lieut. Gen. <HI>Cromwell</HI> An: <HI>Anatomy</HI> of <HI>the Army,</HI> where this is abun|dantly proved.</NOTE> more guilty then they of tho&s;e very <HI>Crimes</HI> &amp; <HI>Trea|&s;ons</HI>
of which they have fal&s;ly impeached them, and therefore to
be impeached, impri&s;oned, and ca&s;t out of the <HI>Hou&s;e</HI> and <HI>Army</HI>
rather then they) without re&s;toring them to the <HI>Hou&s;es</HI> and their
<HI>Liberty,</HI> with ju&s;t and <HI>Honorable reparations</HI> to the <HI>Hou&s;es</HI> and
<HI>them,</HI> from their malicious <HI>Accu&s;ers,</HI> to prevent the like future
attempts upon other <HI>eminent Members and Patriots</HI> of their
Country; neither God, nor men, City, nor Country, <HI>Engl. Scotl.
nor Ire.</HI> (who&s;e affections they have almo&s;t quit e&s;tranged &amp; lo&s;t)
will ever tru&s;t, beleeve, honor, or cordially adhere to them
any more, but utterly de&s;ert and ca&s;t them off, as <HI>undoers</HI> or <HI>be|trayers</HI>
of them &s;elves and them: And then what will become
of their <HI>Honors,</HI> the idolized <HI>Generall, Cromwell,</HI> and imperi|ous
<HI>Army;</HI> their late compliances with whom in their unju&s;t <HI>im+peachments,</HI>
and <HI>Demands</HI> have almo&s;t quite lo&s;t all their
other be&s;t affected friends, and brought them into that low, con|temptible,
and almo&s;t de&s;perate condition, of which they now
complaine. Repent therefore in&s;tantly of all your late di&s;hono|rable
faylings in this kind, or any other; and <HI>do your fir&s;t work&punc;</HI>
to regaine the di&s;contented Members, Citizens, and King+domes
hearts, and pre&s;erve your &s;elves and them from appro|ching
utter ruine. And remember the Apo&s;tles caveat, Gal. 5. 1 <GAP DESC="illegible" REASON="faint" EXTENT="1 letter">,
15, <HI>for all the Law is full-filled in one word, even in this, Thou
&s;halt love thy Neighbor as thy &s;elf. But if ye bite &amp; devour one
another, Take heed that yee be not con&s;umed one of another</HI>
and made a prey to the Common Enemy; who rejoyceth at your
inte&s;tine animo&s;ities, and divi&s;ions, the &s;ad effects whereof our
Saviour him&s;elfe hath peremptorily predicted, Mar. 3. 24. 25. <HI>If
a Kingdome be divided again&s;t it &s;elfe, that Kingdome cannot
&s;tand; And if a Hou&s;e</HI> (of Parliament) <HI>be divided again&s;t it &s;elfe,
that Hou&s;e cannot &s;tand.</HI> The Lord give all hearts and wi&s;dome
to con&s;ider and beleeve it whom it doth concerne, and tho&s;e e&s;|pecially
who have been the Authors and contrivers of the late
<HI>malicious impeachments,</HI> again&s;t the <HI>Lords, commons,</HI> and <HI>citi|zens,</HI>
which they are unable to make good.</P>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
