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<DATE>2009-02-19</DATE>
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<NAME>Pip Willcox</NAME>
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<HI>Ardua Regni: OR,</HI> XII. Arduous Doubts Of great Concernment to the KINGDOME, Requiring a full and &s;peedy Re&s;olution: <HI>Propounded to M. Speaker, and the Hou&s;e of Commons,</HI> Touching &s;ome of their late Proceedings again&s;t their own Su&s;pended, Ejected Mem|bers, and the Impeached Lords.</P>
<P>Printed in the Yeere 1648.</P>
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<HEAD>Twelve arduous Doubts of great Concernment to the whole Kingdome, requiring a full and &s;peedy Re&s;olution: <HI>Propounded to M. Speaker and the Hou&s;e of Commons.</HI></HEAD>
<P N="1">1 BY what Law or Authority can the <HI>Hou&s;e of Com|mons</HI> alone, without the concurrent a&s;&s;ent and Judgment of the <HI>King</HI> and <HI>Lords</HI> (the only pro|per <HI>Iudges</HI> in <HI>Parliament)</HI> eject or &s;u&s;pend the late impeached <HI>Members,</HI> or any other, having no power of <HI>Iudicature</HI> in them&s;elves alone, nor authority to exa|nime <HI>Witne&s;&s;es upon Oath,</HI> as all other <HI>Courts of Judicature</HI> have, and being all equally impowered, and intru&s;ted by the <HI>Countries, Cities</HI> and <HI>Burroughs</HI> for which they &s;erve, and <NOTE N="*" PLACE="marg"><HI>Cromptons Iuri&s;diction, p.</HI> 1, 2.</NOTE> <HI>&s;ummoned to the Parliament by Writ, onely to advi&s;e and con&s;ult together with the King and Lords, about the ar|duous</HI> <NOTE PLACE="marg"><HI>Cook</HI> 4: <HI>In&s;tit: c:</HI> 1:</NOTE> <HI>and urgent affaires of the Realme and Church of Eng|land,</HI> not to &s;u&s;pend, nor expell one another the Hou&s;e? And being all but equalls, whether one <HI>Iustice of Peace, of A&s;&s;ize, Iudge of the Kings Bench or Common Pleas, Com|mi&s;&s;ioner of Oyer and Terminer, Sewers, Committee-man, Grand-Iury man,</HI> and the like, may not as lawfully di&s;place &amp; thru&s;t out another by their own Authority, without the <HI>Kings, Parliaments,</HI> or <HI>Lord Keepers</HI> con&s;ents and advice, as one Commoner &s;u&s;pend or put another out of the Commons Hou&s;e, without the Kings and Lords a&s;&s;ents, &s;ince <HI>Par in parem non habet imperium;</HI> and no Freeman by <HI>Magna Charta</HI> ought to be outed of his <HI>Liberties</HI> or <HI>free Customes, but by the lawfull Iudgment of his Peeres</HI> (in a legall way) <HI>or by the Law of the Land;</HI> and that in &s;ome <NOTE PLACE="marg"><HI>Cooke</HI> 4: <HI>In&s;tit: c:</HI> 1: <HI>p:</HI> 11, 24:</NOTE> Court of <HI>Record</HI> and <HI>Iudicature,</HI> which the Hou&s;e of Com|mons alone is not; no Writs of <HI>Error</HI> nor other <HI>Records</HI>
<PB N="2" REF="3">
being returned before them? and they being the grand <HI>Inqui&s;itors only of the Realm to inquire and impeach offenders,</HI> not <HI>Iudges</HI> to cen&s;ure or condemn them, who&s;e impeach|ments they are onely to tran&s;mit to the <HI>King</HI> and <HI>Lords</HI> to <HI>judge</HI> and <HI>determine.</HI></P>
<P N="2">2. Whether this ejection and &s;u&s;pention of Members by their Fellow-Members, without confe&s;&s;ion, or legall conviction upon Oath, be not a late <HI>dangerous innovation,</HI> and <HI>tyrannicall u&s;urpation</HI> upon the <HI>Subjects</HI> and <HI>peoples Li|berties,</HI> depriveing them of the benefit and freedome of enjoying the coun&s;ell and advice of tho&s;e Knights, Citi|zens and Burge&s;&s;es they have elected to Vote, a&s;&s;ent and di&s;&s;ent for them in Parliament? And whether the Hou&s;e of Commons be able to produce any one ancient Pre&s;i|dent before <HI>Queen Maries</HI> Reigne, in all the Parliaments before or &s;ince the <HI>Conquest,</HI> to warrant their owne &s;ole <HI>&s;u&s;pentions</HI> or <HI>expul&s;ions</HI> of their owne <HI>Members?</HI> If yea, let them then produce them to &s;atisfie the <HI>Kingdome,</HI> which expects an accompt of the ju&s;tice of the&s;e procee|dings at their hands: If nay, (as confidently they cannot) then the&s;e their expul&s;ions and &s;u&s;pen&s;ions mu&s;t of nece&s;&s;ity be unwarrantable and meerly void in Law, and the ejected and &s;u&s;pended <HI>Members</HI> may and ought to be re-admitted, till they can produce &s;ufficient evidence and proofe of their &s;ole Authority to &s;u&s;pend or expell them without the <HI>Kings</HI> or <HI>Lords</HI> concurrence upon full hearing and conviction of &s;ome horrid crimes, which really di&s;able them to be Members.</P>
<P>Every County, City and Burrough ought <NOTE N="*" PLACE="marg">5. <HI>R.</HI> 2. <HI>Stat.</HI> 2. 0. 4. 7. <HI>H.</HI> 4. <HI>c.</HI> 14. 6 <HI>H.</HI> 6. <HI>c.</HI> 2. 32. <HI>H.</HI> 6. <HI>c.</HI> 6. 9. <HI>H.</HI> 8. <HI>c.</HI> 16. 4. <HI>E.</HI> 4. 44. <HI>b. Cromptons Iu|ri&s;diction of Courts, Tit. Parliament.</HI></NOTE> <HI>ex debito Iu&s;titiae,</HI> to &s;end Knights, Citizens and Burge&s;&s;es to con|&s;ult, debate, vote, a&s;&s;ent and di&s;&s;ent for them in Parlia|ment, and every of the&s;e ought to come to the Parlia|ment when elected, and to continue there all the Se&s;&s;ion without intermi&s;&s;ion, unle&s;&s;e he can rea&s;onably excu&s;e him&s;elfe by &s;ickne&s;&s;e or otherwi&s;e, neither ought he to de|part the Hou&s;e, without &s;peciall licence of the Hou&s;e (and King too anciently) fir&s;t obtained, under paine of
<PB N="3" REF="3">
being amerced and otherwi&s;e puni&s;hed. And for this very rea&s;on every Member of Parliament during the Se&s;|&s;ion of Parliament and &s;o many daies before and after, is priviledged and exempted from all Arre&s;ts of his per&s;on, <NOTE N="*" PLACE="marg"><HI>Dyer. f.</HI> 60.</NOTE> becau&s;e he is bound per&s;onally and con&s;tantly to attend the Hou&s;e till the Se&s;&s;ion or Parliament ends, and his pre&s;ence &s;o nece&s;&s;ary that he cannot be &s;pared, nor ab&s;ent upon any occa&s;ion: for proof whereof you may con&s;ult <HI>Modus Tenendi Parliamentum,</HI> Sir <HI>Edward Cook</HI> 4. <HI>In&s;titutes</HI> chap. 1. and the Authorities and Records there cited; how then their <HI>Fellow-Commoners, Knights, Citizens</HI> and <HI>Burge&s;&s;es</HI> can exerci&s;e or claime any legall Authority or Juri&s;diction to eject or &s;u&s;pend any Mem|ber lawfully elected without legall triall, conviction and the concurrent judgement and con&s;ent of the <HI>whole Par|liament,</HI> (whereof the Hou&s;e of Commons is but one branch or Member) and that upon &s;uch ju&s;t and weigh|tie rea&s;ons as may &s;atisfie the <HI>Freeholders, Citizens,</HI> and <HI>Burge&s;&s;es,</HI> who elected them, whose per&s;ons they repre|&s;ent, and who&s;e <HI>Attourneyes</HI> and <HI>Proxies</HI> they are, and &s;o ought not to be di&s;charged of their tru&s;t without their privity by any of their <HI>Fellow-Commoners,</HI> of the ju&s;tice of their expul&s;ion or &s;u&s;pen&s;ion, is a <HI>Moot-point</HI> which concernes the whole Kingdomes Intere&s;t, and fit to bee re&s;olved by M. <HI>Speaker</HI> and the Commons of the <HI>Long robe,</HI> in a &s;ub&s;tantiall manner for the Kingdomes &s;atisfaction: the rather becau&s;e the <HI>Speaker</HI> of the <HI>Com|mons Hou&s;e</HI> cannot be removed or changed for &s;ickne&s;&s;e or other cau&s;e, but by the <HI>Kings and Lords</HI> a&s;&s;ents, <HI>Cook</HI> 4. In&s;titut. pag. 8. &amp; 39. <HI>H.</HI> 8. num. 38, 39. <HI>Baron Thorpes</HI> Ca&s;e.</P>
<P N="3">3. Seeing the Writ for <Q REND="margQuotes">"Elections of Knights, Citi|zens and Burge&s;&s;es cannot be altered in any thing but by Act of Parliament, and all Elections ought to be free|ly and indifferently made, without any prayer or com|mandment of the King, by Writ, Letter or otherwi&s;e, or of any other, and no Letter, Order, or Ordinance can di&s;a|ble any freeborn Engli&s;hman of full age, &amp; not attainted
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of Trea&s;on or Felony to be cho&s;en a Member, but onely an Act of Parliament, as <NOTE N="*" PLACE="marg">4: <HI>In&s;<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">it: ch:</HI> <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> <HI>p:</HI> 10: 3: <HI>E:</HI> 1: <HI>c:</HI> 1 4: <HI>E:</HI> 4: 44:</NOTE> Sir <HI>Edward Cooke</HI> affirmes, and the Statutes of 5 <HI>R.</HI> 2. Stat. 2. c. 4. 7. <HI>H</HI> 4. c. 15. 32. <HI>H.</HI> 6. c. 15. de|termine. And &s;eeing no Member anciently was or could be di&s;mi&s;&s;ed or di&s;charged from his attending the Hou&s;e till the Se&s;&s;ion or Parliament it &s;elfe was di&s;&s;olved, as is apparent by all the Adjournments, Prorogations, and Di&s;|&s;olutions of Parliaments and their formes.</Q> How can the Commons Hou&s;e alone, by any clau&s;e of the <HI>Writ</HI> that &s;ummons them, or any Law or Statute extant, &s;u&s;pend or expell any untainted Member, before legall triall and con|viction in full Parliament, without the <HI>Kings</HI> and <HI>Lords</HI> con&s;ents (with whom they are cho&s;en, and tru&s;ted to ad|vi&s;e) again&s;t the tenor of the Writ, and the&s;e <HI>Acts;</HI> and di&s;able any from &s;itting or voting as Members, whom the Freeholders, Citizens and Burge&s;&s;es by their free Electi|ons, and the Lawes and Statutes of the Realm have made as free and ab&s;olute Members in every particular as them|&s;elves who vote them out, and their onely Tru&s;tees and Attorneyes; e&s;pecially &s;ince the Commons whom they repre&s;ent, and from whom they derive their power and authority (as the <NOTE N="*" PLACE="marg"><HI>Cromptons Iuri&s;diction, S:</HI> 1, 2:</NOTE> <HI>Writ</HI> recites) gave them no &s;uch Com|mi&s;&s;ion at all to eject or &s;u&s;pend their fellow-Members, <Q REND="margQuotes">"but onely to con&s;ult of, do and a&s;&s;ent unto &s;uch things as &s;hould be ordained by the COMMON COVNCELL (not Commons) OF THE REALME in Parliament, concerning the urgent and weighty affaires thereof for which they were &s;ummoned to advi&s;e about;</Q> of which the ejectment or &s;u&s;pen&s;ion of their Fellow-Commoners certainly was none, neither in the Kings nor Peoples in|tention, when the Parliament was fir&s;t &s;ummoned, and they made their elections of tho&s;e they mo&s;t confided in.</P>
<P N="4">4. Whether the Statutes of 5. <HI>Eliz.</HI> c. 1. and 16. <HI>Caroli</HI> made this Parliament, <HI>for preventing the inconveniences hap|pening by the long intermi&s;&s;ion of Parliaments,</HI> which enact; <HI>That every per&s;on which &s;hall be elected a Knight, Citizen, or Burge&s;&s;e, or Baron for any Cinque Ports, or any Parliament hereafter to be holden, &s;hall before he enter into the Parlia|ment-Hou&s;e, or have any voice there, openly receive and pro|nounce</HI>
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<HI>the Oath of Supremacy before the Lord Steward for the time being, or his Deputies: And that he which &s;hall en|ter into the Parliament-Hou&s;e without taking the &s;aid Oath,</HI> SHALL BE DEEMED NO KNIGHT, CITIZEN, BUR|GESSE, NOR BARON <HI>for that Pailiament,</HI> NOR SHALL HAVE ANY VOICE, <HI>but &s;hall be to all intents, con|&s;tructions and purpo&s;es, as if he had never been elected, nor re|turned Knight, Citizen, Burge&s;&s;e, or Baron for that Parlia|ment, and &s;hall Suffer &s;uch paines and penalties, as if he had pre&s;umed to &s;it in the &s;ame without Election, returne or Au|thority,</HI> be not a direct re&s;olution and judgment in print; that no Member of the Hou&s;e of Commons once lawful|ly elected and returned, can be di&s;abled to &s;it and Vote in the Hou&s;e by his Fellow-Commoners alone, but only by <HI>Act of Parliament,</HI> or joynt-judgement and concurrence of the King, Lords and Commons at the lea&s;t? And whether the taking <HI>away of the Archbi&s;hops, and Bi&s;hops Votes this Parliament by a &s;peciall Act of Parliament,</HI> be not a full Declaration of the Law in this particular, that Members of Parliament (e&s;pecially &s;uch as &s;it, Vote in o|thers rights, and behalfes) ought not to be ejected or un|membred by the Commons, Lords, or King alone, in a di|vided capacity, but only by Act of Parliament, or by the Kings, Lords and Commons joynt a&s;&s;ents and judge|ments, <NOTE PLACE="marg"><HI>Cook</HI> 4. <HI>In&s;tit. c.</HI> 1 <HI>Dyer. f.</HI> 60. <HI>a.</HI> 19. <HI>H.</HI> 6. 63, 64.</NOTE> becau&s;e <HI>the whole Hou&s;e of Parliament is but one en|tire body and Court,</HI> which cannot be deprived of the pre|&s;ence or a&s;&s;i&s;tance of any one legall Member, but by com|mon con&s;ent of the whole Body and Court, and not of one branch or E&s;tate alone without the other, being contrary to all rules of rea&s;on and ju&s;tice, and proceedings in other Courts, where one Judge or Ju&s;tice, or Com|mi&s;&s;ioner cannot be unjudged, unju&s;ticed, uncommi&s;&s;io|ned by the others alone.</P>
<P N="5">5. Whether the Commons late u&s;urpations of &s;uch a power of &s;u&s;pending and ejecting their owne Members (e&s;pecially without any legall hearing, and examination, <HI>viva voce,</HI> of witne&s;&s;es again&s;t them upon Oath, or ad|mitting their ju&s;t defence) be not a pre&s;ident of very dan|gerous con&s;equence, de&s;tructive to the very <HI>freedome</HI> and
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<HI>being</HI> of <HI>Parliaments</HI> and <HI>Coun&s;ells,</HI> wherein all Members <NOTE PLACE="marg"><HI>Cook.</HI> 4. <HI>Instit. p.</HI> 8.</NOTE> ought to have <HI>equall liberty and freedome of &s;peech</HI> and ad|vice, and to carry all things by <HI>plurality of voices,</HI> and &s;trength of argument, not by new devi&s;ed &s;u&s;pen&s;ions and expul&s;ions, &s;eeing it gives the &s;tronge&s;t party and faction a liberty to expell the weaker, and the le&s;&s;er num|ber backed with an armed-force, a po&s;&s;ibility not only to pack and make a Hou&s;e of what Members they thinke meet, and eject and over-Vote the greater part of the Hou&s;e upon meer pretended offences and Mi&s;demea|nours, and then to vote and pa&s;&s;e what Acts and Ordi|nances they plea&s;e in a thin and empty <HI>Parliament,</HI> when the major part of the Members are &s;u&s;pended, ejected, or forced away? And whether all tho&s;e Counties, Ci|ties and Burroughs, who&s;e Knights, Citizens and Burge&s;&s;es have been or may be thus ejected, and the whole King|dome too concerned in it, be not bound in point of con&s;cience and duty for the maintenance of the Honour, Freedome, and fulne&s;&s;e of Parliaments, and their owne and the Kingdomes &s;afety, publikely to prote&s;t a|gain&s;t it.</P>
<P N="6">6. Whether the Commons &s;u&s;pending and ejecting of their Members by their own &s;ole Votes and power, gives not the King and Lords (who are Judges in Parliament) a like Authority, joyntly or &s;everally to impri&s;on, eject or &s;u&s;pend the Members of the Commons Hou&s;e without the Commons con&s;ents as well as the Commons, who have no &s;ole Judicature, and are but inferiour Members and no Court of Parliament alone, and &s;o ju&s;tifies the Kings impri&s;onment, and impeachment of any Members in this and former Parliaments, without the Lords or Commons, who hath a greater Juri&s;diction over any Members of either Hou&s;e, being his Subjects and the <NOTE N="*" PLACE="marg">Modus tenen|di Parliamen|tum.</NOTE> <HI>chiefe Members of Parliament,</HI> who &s;ummons and di&s;|&s;olves it, then any Members have over their Fellow-Mem|bers and Subjects.</P>
<P N="7">7. Whether tho&s;e Counties, Cities, and Burroughs who&s;e cho&s;en Knights, Citizens and Burge&s;&s;es have been <NOTE PLACE="marg"><HI>Co.</HI> 4. <HI>In&s;titut. p.</HI> 1. 25.</NOTE> thus illegally &s;u&s;pended or ejected without and again&s;t
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their privities or con&s;ents, or any revocation of that tru&s;t and power wherewith they inve&s;t them, are or can in point of Law or ju&s;tice be obliged by any Votes, Orders or Ordinances of one or both Hou&s;es, to which them&s;elves, nor tho&s;e they elected, by rea&s;on of their illegall ejections or &s;u&s;pen&s;ions, either did or could a&s;&s;ent, &amp; to which perchance they would not have a&s;&s;ent|ed, but voted again&s;t and over-ruled by the majority and plura|lity of voices, if pre&s;ent and admitted to give their Votes? The rather, becau&s;e our <NOTE N="*" PLACE="marg">7: <HI>H:</HI> 6: 35: b. <HI>Bro: Wa&s;t:</HI> 81: <HI>Dyer:</HI> 373: b.</NOTE> <HI>Law Books</HI> are expre&s;&s;e, <Q REND="margQuotes">'That Tenants in ancient Deme&s;ne were not bound by Acts of Parliament here|tofore, becau&s;e they &s;ent no Knights nor Burge&s;&s;es to the Par|liament, which contribute to their wages, and &s;o neither did nor could a&s;&s;ent unto them by their Repre&s;entatives or them|&s;elves:'</Q> &amp;, <HI>Quod omnes tangit, ab omnibus debet approbari:</HI> the very ground why any Acts of Parliament bind all being onely this, <NOTE N="*" PLACE="marg">39: <HI>E:</HI> 3: 7: <HI>Cook</HI> 4: <HI>In&s;tit: c:</HI> 1: 3: <HI>E: <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">:</HI> 1: 4: <HI>E:</HI> 4 44:</NOTE> <HI>Becau&s;e all are con&s;enting to them in their Knights and Bur|ge&s;&s;es.</HI> But tho&s;e who&s;e Knights and Burge&s;&s;es are either expel|led or &s;u&s;pended the Hou&s;e, without and again&s;t their good wills, neither do, nor can be legally &s;aid to a&s;&s;ent to any Votes, Orders or Ordinances, no nor Acts of Parliament made after their expul&s;ions or &s;u&s;pen&s;ions (recorded in the <HI>Iournall Book,</HI> which ab&s;entees are not, and therfore are intended alwayes pre|&s;ent:) how then tho&s;e Counties, Cities, Burroughs, can be obli|ged by them, it behoves the Commons who ejected and &s;u&s;pen|ded them to declare in print, if they expect any future &s;ubmi&s;&s;i|on to their Votes, or Taxes from them, to which they did not con&s;ent?</P>
<P N="8">8. Whether, &s;ince every Knight, Citizen and Burge&s;&s;e is cho|&s;en and called to attend the Parliament only by the <HI>Kings Writ,</HI> and may be amerced, fined, and otherwi&s;e puni&s;hed by virtue of the Writ it &s;elf, by the Statute of 5: <HI>R:</HI> 2: c: 4: the Common Law of the Realme and cu&s;tome of Parliament, 3: <HI>E:</HI> 3: <HI>coram Rege, Rot: P:</HI> 3: <HI>E:</HI> 3: 13: <HI>Stamfords Pleas, f:</HI> 38: 155: <HI>Cooke</HI> 4: <HI>In&s;tit: p:</HI> 15 to 22: in ca&s;e he ab&s;ent him&s;elf or depart from Parliament with|out the Kings licen&s;e, unle&s;&s;e he can <HI>hone&s;tly excu&s;e him&s;elfe to our Lord the King.</HI> And &s;ince the words and forme of di&s;&s;olving Parliaments, <HI>The King licen&s;<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">th th<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> Lords and Commons to depart,</HI> &amp;c. 37: <HI>E:</HI> <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">: n: 34: 38: <HI>E:</HI> <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">: n: 18: 4<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">: <HI>E:</HI> 3. <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">: 1<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">: 43: <HI>E:</HI> 3: n: 34: 45: <HI>E:</HI> 3: n: 9: 13: and all di&s;&s;olutions of Parliament &s;ince, which in|timates, that none but the King, who &s;ummons all Members to
<PB N="8" REF="6">
Parliament, can remove or di&s;charge them, without the Kings con&s;ent: whether the Commons alone, without his or the Lords privity, can lawfully &s;u&s;pend, eject or di&s;charge any of their Members, upon any pretence?</P>
<P N="9">9. Whether tho&s;e Members who have been ejected or &s;u&s;|pended in a thin and empty, may not appeal to a full <HI>Hou&s;e of Commons</HI> for ju&s;tice and re&s;titution, or at lea&s;t wi&s;e to the <HI>upper Hou&s;e of Peeres,</HI> to whom the <HI>power of Judicature</HI> in Parliament appertains of ancient right, not only in the ca&s;es of <HI>Peers,</HI> and other <HI>Commons,</HI> but even in ca&s;es of illegall <HI>Elections</HI> and <HI>Re|turnes,</HI> and breach of <HI>Priviledge</HI> by <HI>impri&s;onment</HI> of Knights and Burge&s;&s;es of the <HI>Commons Hou&s;e,</HI> as is evident by <NOTE N="*" PLACE="marg"><GAP DESC="illegible" RESP="apex" EXTENT="1 letter">: <HI>H:</HI> 4: <HI>Rot: Parl:</HI> n: 38: 31: <HI>H:</HI> 6: n: 25, 26, 27, 28, 29: <HI>Thorpes Ca&s;e.</HI></NOTE> <HI>&s;ome notable Records:</HI> And whether a Writ of <HI>Restitution</HI> lies not to the Commons Hou&s;e to re&s;tore and re-admit an ejected or disfran|chi&s;ed Member, as well as an ejected or disfranchi&s;ed Citizen, Al|derman, Mayor or Common Councell-man; of which there are &s;undry pre&s;idents in Sir <HI>Iames Boggs</HI> Ca&s;e, &amp; M. <HI>E&s;twicks</HI> of late.</P>
<P N="10">10. Whether the ejecting of the Members lately impeached in the name of the <HI>Army</HI> onely, without any particular Pro&s;e|cutor, per&s;onall &s;ummons, hearing, defence, or once reading, debating, or over-ruling the An&s;wer and Demurrer put in by them in writing under their hands to <HI>the particular Articles of their Charge,</HI> (even whiles a Garri&s;on of their Pro&s;ecutors and Accu&s;ers are re&s;iding at White-Hall, the Mues, and Tower of London, and a guard of them attending at the Commons door;) and the voting of M. <HI>Glyn Recorder of London</HI> and <HI>Steward of Westminster,</HI> not only out of the Hou&s;e, but out of his Record|er&s;hip and Stweward&s;hip (being his <HI>freehold)</HI> without ever be|ing heard, or &s;ummoned to an&s;wer any Charge or Articles con|c<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">rning them; and that about 7. or 8. a clock on a Saturday at night, when there were not above 51 pre&s;ent in the Hou&s;e, and accommending others to his places, which are not in the <HI>Com|mons</HI> di&s;po&s;all, be not an u&s;urping or exerci&s;ing of a tran&s;cen|dent <HI>arbitrary and tyrannicall power,</HI> contrary to <HI>Magna Char|ta,</HI> ch. 29. and <NOTE N="*" PLACE="marg"><HI>Collected and recited in</HI> Ra|&s;tall, <HI>Tit.</HI> Accu|&s;ation: <HI>&amp; the Petition of Right.</HI></NOTE> &s;undry other Statutes, the fundamentall Lawes of the Realme, the Liberties of the Subject, the Solemne League and Covenant, and <HI>&s;undry Remon&s;trances and Declarations of both Hou&s;es;</HI> and an higher act of tyranny and inju&s;tice then e|ver King <HI>Charles, Strafford, Canterbury, the Councell-Table, or High Commi&s;&s;ion</HI> were guilty of in the wor&s;t times; for which
<PB N="9" REF="6">
tho&s;e Members who did it, are in point of ju&s;tice obliged to give their ab&s;ent and di&s;&s;enting Members (farre the major part) and the ejected Members, tho&s;e for whom they &s;erve, and the whole Kingdome &s;atisfaction and reparation, to prevent the like proceedings again&s;t other Members, and Freemen who are no Members, who may ju&s;tly fear far harder mea&s;ure from them upon all occa&s;ions, &s;ince they are &s;o arbitrary and unju&s;t towards their own deare Members, &s;ome whereof have de&s;erved as well, and done as good &s;ervice for the Realme and Kingdome, as any now &s;itting in the Hou&s;e.</P>
<P N="11">11. Whether &s;ome of the <HI>Commons</HI> impeaching of their own Members, Lords and Citizens of <HI>high Trea&s;on,</HI> for &s;itting and <HI>acting in the Hou&s;es,</HI> or by <HI>Orders, Votes</HI> and commands of one or both Hou&s;es, only for their <HI>&s;elf-defence</HI> again&s;t the Ar|mies violence, and the fugitive Speakers and Members who in|gaged with them, who were not a Parliament in the Army, and not half &s;o many as tho&s;e who continued &s;itting in the Hou&s;es, be not a dangerous and inevitable impeachment of them&s;elves, both Hou&s;es of Parliament, and all tho&s;e who have acted under them by vertue of their Ordinances and Commi&s;&s;ions, ever &s;ince the Kings departure from the Hou&s;es, in military, judiciall or criminall affairs, for Traitors &amp; high Trea&s;on, and a nulling of all <HI>Ordinances for Indempnity,</HI> who have no other <HI>Plea in Barre,</HI> or <HI>Ju&s;ti&s;ication</HI> to beare them out, or protect them again&s;t the King, or any other that &s;hall indict, impeach, &s;ue or que&s;tion them now or hereafter, but only this, that what they &s;pake, vo|ted, ordained, did or acted, was in, or by authority of Parlia|ment, or in obedience to the Votes, Orders, Ordinances or Commi&s;&s;ions of one or both Hou&s;es; which Plea the&s;e im|peachments utterly &s;ubverting, mu&s;t of nece&s;&s;ity expo&s;e all and every Member of both Hou&s;es, and all who have acted for, or adhered to them during the&s;e warres, to the meere mercile&s;&s;e tyranny of the King and his Cavaliers, if ever they prevaile in pre&s;ent or future times, and declare them guilty of high Trea|&s;on; and &s;o di&s;-ingage and di&s;courage all men from adhering to, or acting for or under them any more, to prevent the guilt and danger of high Trea&s;on: which &s;eriou&s;ly con&s;idered, may ju&s;tly ingage both Hou&s;es, and all tho&s;e who have cordially ad|hered to, and &s;erved under them, to que&s;tion and impeach tho&s;e of <HI>high Trea&s;on,</HI> who were the plotters and contrivers of the&s;e
<PB N="10" REF="7">
Impeachments of &s;o dangerous and de&s;tructive con&s;equence to both Hou&s;es, and all their cordiall friends and adherents, who &s;tand amazed at &s;uch proceedings.</P>
<P N="12">12. Whether &s;ome Commoners impeachment of &s;even Lords at once of <HI>High Trea&s;on,</HI> and &s;u&s;pending them the Hou&s;e, be not a plot of <HI>Cromwell</HI> and the <HI>Levellers,</HI> to de&s;troy and abo|li&s;h the Hou&s;e of Peers, by leaving them not Members enough to &s;it and make an Hou&s;e by degrees? and what a&s;&s;urance have the few remaining unimpeached Lords, if they condemne or eject tho&s;e now impeached for what they did or acted in or by authority of Parliament for their owne defence, and the Hou&s;es again&s;t the <HI>Army,</HI> that their turnes and impeach|ments will not be next, till they be all impeached, ejected and made no Hou&s;e, &s;ince there is an apparent de&s;igne in ma|ny of the pro&s;ecutors of the Lords impeached to have no Hou&s;e of Peers, or Lords at all to overtop them, that they may be the onely Lords and Kings them&s;elves, and command and di&s;po&s;e of all things at their plea&s;ures, as they have for the mo&s;t part done of late, before and without the Lords concurrence. If &s;o, (as is very probable) it will be wi&s;dome in the Hou&s;e of Lords to con&s;ider and prevent this De&s;igne in time, be|fore it be too late, and to make no Pre&s;idents to de&s;troy them&s;elves, and the very freedome and being of Parliaments and Peers, after &s;o va&s;t an expence of blood and trea&s;ure to de|fend them again&s;t the King and his armed party, who&s;e de|&s;ignes are now almo&s;t accompli&s;hed again&s;t them by tho&s;e <HI>Heads</HI> and <HI>Hands</HI> which of all others we did lea&s;t &s;u&s;pect, who reallize and verifie this <HI>Adagy</HI> to the full,
<Q>Nulla fides piet&aacute;&s;que viris qui ca&s;tra &s;equantur.</Q>
To clo&s;e up all; Let the Commons con&s;ider well of S. <HI>Pauls</HI> caution, <HI>Gal.</HI> 5. 15. <HI>But if ye bite and devoure one another, take heed that ye be not con&s;umed one of another.</HI></P>
<TRAILER>FINIS.</TRAILER>
<PB REF="7">
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