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A91274 Seven additional quæres in behalf of the secluded Members, propounded to the twice-broken Rump now sitting, the cities of Westminster, London, county of Middlesex, all other counties, cities, boroughs, in England Wales, and all English freemen, whose members are secluded: and also to Scotland and Ireland. Prynne, William, 1600-1669. 1660 (1660) Wing P4077; Thomason E765_1; ESTC R203353 7,826 8

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respect of theirs And whether Sr. Arthur Haslerig one of the 5. impeached Members then Ring-leader of the Rump and their forces now can in Justice Honour or Conscience oppose them and Denzil Hollis another of the impeached and secluded Members therein now it being warranted by the president of both Houses then as an incumbent duty on them and the City too who gained much honor and respect from the Parliament and Kingdom thereby pointed out unto them by their own Vote December 27. To take into Consideration the case of all absent Members on the 5th day of January next being the very day of the Month both Houses 1641. upon the Kings breach of their Privileges in demanding the Impeached Members made a Particular Declaraeion against it as a high breach of the Rights and Privileges of Parliament and Inconsistent with the Freedom and Liberty thereof and thereupon adjourned themselves into the Guild-Hall in London to sit and act as a Committee which they did till both the breach of their Privileges was fully vindicated their Members repaired and brought back to the House by the City Watermen in Triumph to sit in Safety without securing or secluding afterwards This their Vote by a Miraculous providence referring to this very day and occasion full 18 years after it and the Remonstrance on it declaring them Publick Enemies and to be proceded against as such for this high breach of Privilege 4. Whether it be not the extremity of Tyranny Injustice and Violation of Parliament Rights and Privileges for a few guilty Members who have violated all Oaths Protestations Covenants Vows Declarations Trusts Privileges in the superlative degree by meer armed force will to exclude above 3 times their number of untainted Members before the least legal accusation impeachment bearing tryal evidence or calling them into the House or to the Bar thereof to hear or answer any Charge against them When as by the Laws of God Nature Nations the Great Charter the fundamental Laws of the Land the usual course of Justice in every Judicature whatsoever and the Law and Custom of Parliament no person whatsoever much less any Member of Parliament least of all the Majority of the Members may or ought to be tryed conviccted judged sentenced disfranchised or deprived of his persor al much less his publick Parliamentary Franchise Liberty and Privilege without a lawfull Summons Accusation Indictment Impeachment Tryal hearing Conviction by his own confession or evidence upon his Personal appearance in Court or at the Bar of the House It being resolved in the Parliaments of 28 E. 3. rot Parl. n. 7 c. 29 E. 3. n. 29. that the Judgement given against Roger Mortymer in the Parliament of 4 E. 3. n. 1. upon 14. particular Articles of Impeachment of High Treason in murdering King Edward the 2d after his deposing forcing the Parliament at Salisbury driving away some Lords from thence and other Great Crimes was erroneous and illegal and thereupon nulled and reversed because though the Articles were true and notorious yet he himself was never brought personally to the Bar to answer them nor heard before or when they gave judgement against him Therefore much lesse ought so many innocent eminent Members to be forcibly secluded and kept out of the House before any Articles exhibited hearing or tryal in the House by a few guilty Members thus prejudging and excluding them and the whole House of Peers over whom they have no colour of Jurisdiction for fear of being legally impeached by them if admitted for their enormous Crimes 5. Whether these peccant Members high Treasons in usurping and ingrossing to themselves alone the divided and united Supream Authority of the King Lords and whole Commons House assembled in Parliament in voting down secluding and engaging against the King and house of Lords contrary to the express tenor of the Kings Writs Indentures Oaths and the Act of 17Car by which they pretend to sit and their former and late levying war against the secluded Membets and Lords House in imprisoning some and keeping others of them out of the House by armed Gards against their Rights Privileges and the Declaration of the whole House 5 January 1641. upon the Kings demanding the 5. impeached Members and their own votes in the case of their own Seclusions by Cromwell Harrison and Lambert be not the highest breach of their Trusts and all Parliments Privileges Rights and Freedom for which in Law Justice Reason and Conscience too they have absolutely for feited their Memberships and future sitting in the House from which they may and ought to be perpetually disfranchised by judgement of the secluded Members it being against the Duty of a Citizen Burgess and Member of Parliament to the prejudice and subversion of the Parliament House yea Cities and Boroughs too whereof they are Members and to their Oaths Protestation and Covenant which they took as Members according to the Resolutions in James Baggs Case Cook 11. Rep. f. 98 99. Littleton Sect. 378 379. Cooks 1 Instit. f. 233 234. 4 Instit. p. 23 43 Whether some for le●ser Treasons and Crimes than these have not had their Heads and Quarters set upon the top of the Parliament house instead of sitting as Members in it and the late King lost his head by their own Judgement for smaller breaches of Privileges and less dangerous Wars against the Parliament and Members than themselves are guilty of Whether it will not be juster equaller and more beneficial to the People and Army for the secluded Lords and Members to confiscate and sequester all their real and personal Estates for discharge of all publick Debts and Souldiers Arrears which they have contracted only to keep up and maintain their usurped Antiparliamentary Conventicles and exclude the greatest part of the Members and Lords out of the Parliament by force than to confiscate and sequester Sir Geo. Booths or other Members and Commoners real and personal Estates for endeavouring to remove the force which keeps them out and to impose illegal Taxes Excises Militiaes Oaths both on the Lords the secluded Members and all Counties Cities and Boroughs whom they represent to exclude them out of Parliament 6. Whether the Declaration of August 26. 1647. made upon the Speaker Lenthals and other Members clandestine departure to the Army upon the Apprentices unarmed tumult and his leading up the Army first of all to the House to commit a greater force upon it by driving away securing imprisoning and secluding sundry eminent Members for which he deserves to be their present General Whereas there was a visible horrid insolent and actual force upon the Houses of Parliament on Monday the 26. of July last whereupon the Speakers and many Members of both Houses of Parliament were forced to absent themselves from the service of the Parliament and whereas those Members could not return to sit in safety before Friday the 6. of August It is therefore declared by the Lords and Commons in Parliament
assembled that the Ordinance of Monday the said 26. of July for the repealing and making void the Ordinance of the 23. of the said July for the setling of the Militia of the City of London being gained by force and violence and all Votes Orders Ordinances passed in either or both Houses of Parliament since the said Ordinance of the 26. of July to the said 6th of August are Null and Void and were so at the making thereof and are hereby declared so to be the Parliament being under a force and not free Doth not absolutely declare adjudge and resolve all the Rumps Votes Acts Orders Ordinances Proceedings touching the Militia of London Westminster and other Counties Excises Customs Monthly Contributions Indemnities Pardons and all other Matters or for sec●uding or suspending any Member and whole House of Peers from sitting their Treasonable perjurious Ingagement and Oath of Abjuration to be all Null and Void at the making thereof and so no waies obliging the City Kingdom Nation secluded Peers or Members in the least degree since the force upon both Houses securing secluding of above 200. Commons yet living continued from Dec. 6. 1648. till Apr. 20. 1653. and from May 7. 1659. till Octob. 13. and now again by the Rumps special Order and Command from Dec. 27. till this instant And that upon these Considerations and parallels of the force then with the successive forces since upon the House and secluded Members 1. The Apprentices force July 26. 1647. was without arms theirs by armed Gards and Souldiers 2ly Transitory but for 2. or 3. hours theirs permanent for sundry whole Months and years 3ly That without the privity or approbation of the House theirs by the Rumps privity order and command 4ly That upon just provocation to repeal an Ordinance to alter the Militia of London gotten by practice and surprize of some Army Officers without the Cities privity to betray and sever it from the Parliament and reduce both under the Armies power Theirs upon mere design and will without provocation to destroy the King Lords KIngdom Parliament alter the Government and usurp the perpetual Parliamentary and Supream Legislative Civil and Military Power of our 3. Kingdoms into their own hands 5ly They secluded never a Lord nor Commoner by force these not only exclude but vote down debar and engage against the whole House of Lords and three parts of four of the Commons House above 200. of them still living against their Protestation Vow League Covenant former Votes Orders Ordinances the Act of 16 Car. ch. 1. 17 Car. c. 6. the Writs and Indentures by which they pretend to sit 6ly The Members pretended to be forced away by the Apprentices were not above 25 or 30 who went not away til 3. daies after the force by an invitation from the Army-Officers against the House will and privity the Members forcibly secluded and then secured 300. and now above 200. besides the Peers are kept out against their wills both by the Rumps privity and command from discharging their Duties 7ly That force was never reiterated by the Apprentices this acted six times actually over and over against the secluded Members 8ly That was accompanied only with a pretended terror in a few Members this with an actual forcible seclusion of above 200. an imprisonment of more than 45. Members sundry weeks months and close imprisonment of others of them in remote Castles without hea●ing or tryal divers years and with subsequent imprisonments and close imprisonments since for refusing the Engagement and a proclaiming others of them Traytors in all Counties Cities Corporations Churches and Chapels only for raising forces to bring in all the secluded Members and procure a FREE PARLIAMENT for which some are now close Prisoners and their Estates sequestred 9ly The Ordinances Votes and Orders declared nul and void by this Ordinance were made and passed by near three hundred Commoners without any Gards or Order to keep out the Speakers and those fugitive Members who voluntarily repaired to the Armie and ratified by the House of Lords then sitting without Gards to seclude any Peer or Member Their Orders Votes Ordinances from Decemb. 26. 1648. till Apr. 20. 1653. and May 7 til Octob. 13. were seldom made by above 40 or 50 Commoners at most without the House of Peers and those now sitting under a force to keep out the secluded Members Peers when they made their last Votes Acts Orders Decem. 26 and 27. were but 43. at most whereof 7. or 8. were no legal Members Therfore upon all these considerations both by the Speakers own printed Letter July 29. and this Ordinance all Votes Orders Ordinances and Acts of the Rump the Parliament being under such a horrid actual visible reiterated approved commanded armed force and so many Members forcibly secluded and restrained must needs be void and null to all intents at their very making and no waies to be owned or obeyed as the secluded House of Lords and Majority of the secluded Commons House have oft publickly declare to our 3. Nations and the world and nothing is or can be valid or legal which they shall order or impose before all the secluded Members be restored without any new test or restriction to sit act and vote with that ancient freedom and safety which of right belongs unto them 7. Whether their present Speaker now a monstrous Plurality Monopoly Medly of sundry inconsistent Greatest Offices of Honor Power and Trust being both sole Lord Keeper of their Great Seal sole Lord General of the Armies by Land sole Lord Admiral of the Navie by Sea sole Lord Warden of the Ports sole Gardian of the Liberties of England sole Master of the Rolls sole Speaker of the Commons House at first and of the two Rumps since its dissolution and sole visible Head of their Vtopian and Harringtonian projected Commonwealth in his political and as strange a Compound in his ethical capacity though but a single Person in his natural be not a sutable Speaker for that monstrous Rump now sitting compacted mostly of Members of the Old Parliament elected and sitting by vertue of the Kings Writs for the defence of Him and his Realm of England and to do and consént to such things as by the common advice and council of the Prelates Lords and Great men of the Realm should be ordaiued and yet destroying engaging and now swearing against both King Kingship Kingdom Peerage and House of Lords and secluding all Members engaging not with them therein cre●ting and stiling themselves the Supreme Authority of the Common wealth of England Scotland and Ireland too by what chymistry and Right is yet unknown being at fir●● by the Writs Indentures and Act by which they sit but Members of the Commons house in the Parliament of the King and Realm of England Next of some new additional Members by writs in the name and under the Seal of the Gardians of their yet unshaped Commonwealth of England Scotland and Ireland who peece together with the former like the feet and legs of Nebuchadnezzars Image which were part of Iron and part of Clay and lastly the rear of this Rump is made up of the doating old Earl of Salisbury and lunatick young Earl of Pembrook who have degraded themselves of their Peerage and become baser than the basest Commoners to be the Tayl of this strange heterogeneral Monster Whether their continuing obstinate and incorrigible in their Tyrannies Treasons Vsurpations forcible Exclusions of the Lords these their fellow Members notwithstanding all their former and late Dissipations by the Army-Officers the unsafety of their present Condition the General displeasure of the whole Kingdom secluded Lords Commons and most part of the Officers and Souldiers against them the wonderful Providences and Rebukes of God himself from Heaven the Admonitions Intreaties desires of their friends the secluded Members City Country and our 3. Nations and their adding drunkenness to thirst in voting a New Oath of Abjuration Jan. 2. to keep out all the secluded Members and aggravate their former forcible seclusion in the highest extremity instead of repairing or repenting it and deprive them of all possibility of re-admission to sit and vote together with them in freedom and safety Be not a certain symptom that they are now ripe for another total and final ejection by some wonderfull Divine Providence or other to the deserved ruine of their usurped Anti-Parliamentary power Persons Families Estates if not of their very souls seeing God himself hath spoken Nay sworn and will most certainly perform it That those who fear not God nor the King and are given to Change and being often reproved harden their necks and hearts too shall suddenly be destroyed and that without remedy and shall never enter into his rest Prov. 24. 21 22. ch. 29. 1. Psal. 98. 8 11. FINIS * Exact Collection P. 37 to 78. * 2 of whose 3. Citizens Sir Thomas Some and Mr. Vassal are forcibly secluded as are both the Knights of He●tfordshire Surry Glocestershire Northamptonshire and most other Counti●● Exact collection p. 37 38 c.