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A83684 A declaration of the Commons assembled in Parliament, upon two letters sent by Sir John Brooks, (sometimes a Member of the Commons House this parliament, ... being a projector, a monopolist, and a fomentor of the present bloudy and unnaturall war; for bearing of arms actually against the Parliament) to William Killegrew at Oxford (intercepted neer Coventrey) giving his advice how the King should proceed in the Treaty upon the propositions for peace, presented unto him by the Parliament. With the names of the lords, baronets, knights, esquires, gentlemen, ministers and freeholders, indicted the last sessions at Grantham, of high-treason, by Sir Peregrine Bartue and the said Sir John Brooks, before themselves, and other their fellow-cavaliers, rebels and traitors, commissioners, appointed, (as they say), for that purpose. ... Also, the ordinance of both Houses, made the 17 of Decemb. 1642. that the pretended commissioners, and all others, sheriffs, officers, jurors, and any whom it may concern, may know what to expect, that shall presume to molest the persons or estates of any for their service to the Parliament and Kingdom. With some abstracts of credible letters from Exceter, ... Ordered by the Commons in Parl. that this declaration and letters be forthwith printed and published: H: Elsynge, Cler. Parl. D. Com. England and Wales. Parliament. 1643 (1643) Wing E2564; Thomason E101_13; ESTC R17040 8,453 16

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most barbarously used are now questioned and proceeded against by way of Indictment before Sir Robert Heath Kt. one of his Majesties Iustices of the Kings Bench and others by colour of some Commission or other Authority from his Majestie for high Treason and other supposed misdemeanors whereas many have beene taken Prisoners by the Parliament forces in the act of Warre against the Parliament which by the Lawes and statutes of this Realme is Rebellion and high Treason against the King and Kingdome and the Actors herein Traitors and yet none of them have hitherto beene put to death or otherwise severely dealt with by the Parliament It is therefore Ordered and declared by the said Lords and Commons that all such Indictments and other proceedings against the said Capt. Catesby Capt. Lilbourne and Cap. Vivers or against Capt. Wingate who have done faithfull and good service to the Common-wealth or against any other person or persons who have done or shall doe any service in the said Army or for the raising of any moneys Plate horse or Armes for the mainetenance thereof or otherwise in the execution or Pursuance of any Order or ordinance of both or either of the said Houses of Parliament for the defence of the publique safetie are unjust and illegall and the said Sir Robert Heath and all other Commissioners Iustices Sheriffes Jurors and other officers and Ministers of Justice and other Persons whatsoever are hereby required and injoyned to surcease any further proceedings against the said persons before named or any other for any the causes aforesaid upon the said Indictments or otherwise And the said Lords and Commons doe further declare that if the said persons before mentioned or any of them or any other shall be put to death or other hurt or violence offered to their or any of their persons for or by reason of any such service done or to be done by or according to any order or Ordinance of both or either of the said Houses the like punishment shall be inflicted by death or otherwise upon such prisoners as have beene or shall be taken by the forces raised by Authority of both Houses of Parliament And if the said Sir Robert Heath or any other Commissioner Iustice Sheriffe Iuror of other Officer or minister of Iustice or other person shall doe contrary to this Ordinance in any the premisses they and every of them for so doing shall be proceeded against and dealt with as enemies to the King and Kingdome A further Relation of what happened in the late expedition under the Command of Serjeant major Iames Chudley with his 108 horse against Sir Ralph Hopton with his 500 horse and 5000 foote DIvers of the Cavaliers which then were present since taken Prisoners tell us and we have it from better hands that God did shew himselfe that day which was Tuesday the 25 of April last more wonderfull in his Judgements then hath been yet related for when the Cavaliers were past two miles beyond the place we pursued or chased them they fell upon and destroyed one another for wee having got their word which was Lanceston and they ours which was Religion comming amongst their own friends and into their owne quarters but conceiving it to be ours and being demanded the word and saying Religion they fought and killed many of themselves That some men well affected to the Parliament who were inforced to serve in Hoptons Army informe us that immediately upon the fight there was such a terrible Thunder and Lightning that the Lightning fired many of the Cavaliers Bandaleeres which burnt their cloathes faces and haire that many of the wounded and scall'd men dyed dayly in Lanceston FINIS
A DECLARATION Of the Commons assembled in Parliament UPON Two Letters sent by Sir John Brooks sometimes a Member of the Commons House this Parliament till he was disabled being a Projector Monopolist and Fomentor of the present bloudy and unnaturall War for bearing of Arms actually against the Parliament to Sir William Killegrew at Oxford intercepted neer Coventrey giving his advice how the King should proceed in the Treaty upon the Propositions for Peace presented unto Him by the PARLIAMENT With the NAMES of the Lords Baronets Knights Esquires Gentlemen Ministers and Freeholders indicted the last Sessions at Grantham of high-Treason by Sir Peregrine Bartue and the said Sir John Brooks before themselves and other their fellow-Cavaliers Rebels and Traitors Commissioners appointed as they say for that purpose Who contrary to the known Laws of this Kingdom seize all the Estates of the persons indicted require their Tenants to pay in all their Rents of the said Lords and others unto themselves being Commissioners and sharers therein Also the Ordinance of both Houses made the 17 of Decemb. 1642. that the pretended Commissioners and all others Sheriffs Officers Iurors and any whom it may concern may know what to expect that shall presume to molest the Persons or Estates of any for their service to the Parliament and Kingdom With some Abstracts of credible Letters from Exceter who give a further Relation concerning the late Expedition under the command of Sergeant Major James Chudleigh against the Cornish Ordred by the Commons in Parl. That this Declaration and Letters be forthwith Printed and published H ELSYNGE Cler. Parl. D. Com. May 10. London Printed for Edw. Husbands in the Middle-Temple 1643. A DECLARATION OF THE COMMONS Assembled in Parliament c. THe Commons in Parliament having received two severall Letters which were intercepted written and sent by Sir John Brooks sometimes a Member of that House this Parliament till he was disabled being a great Projector and Monopolist and not onely a deserter of the service wherewith he was intrusted for the publique but also a Fomentor of the present bloudy and unnaturall War and actually bearing of arms against the Parliament unto Sir William Killegrew knight a great and principall Factor for the Cavaliers in this Rebellion and Designe residing at Oxford during the late Treaty upon the Propositions for an Accommodation presented unto His Majestie by both Houses whereby as a further concurrent Testimony the good people of this Kingdom and all others that willfully have not blinded themselves holding the Truth in unrighteousnesse not suffering that to appear which in their judgements they cannot gainsay may cleerly discern by whose and what Counsells His Majesty is swayed and is and hath of late bin seduced that the meanest of those that have ingaged themselves in this hellish and Tyrannicall Rebellion do adventure to cast in their Mites their Counsells being as various as their Designes some endeavouring the promoting of the Popish Religion others their own lucre and advancement to make up again their desperate and broken Fortunes by the ruine and destruction of the faithfull of the Land some ambitiously seeking Honor that they may insult over the Lords heritage some to protect themselves from the hand of publique Justice to which they are obnoxious and others hunting for revenge Each of them striving to be the most lying spirit in the mouths of all them that encompasse the Royall Throne who have not onely perswaded but have prevailed also and have made the Nobles and great Men of England for the most part of those that have withdrawn themselves as the Nobles of Israel Destroyers of the work and hinderers of a Reformation the Evidences of which Truths are daily so cleerly discovered by extraordinary and speciall Acts of divine Providence so visible as he that runs may read By these Letters it appears That the Lords and Commons of both Houses who have not lost their first love nor deserted their Trust but have appropriated themselves to the Lords work that have given sufficient Testimony of their Affections to the service and safety of the King and Kingdom are vilified and traduced and that in the highest places by these wicked and seducing Counsellors who not onely work them out of the good opinion of His Majestie but by their wiles are encompassing their Ruine and Destruction have advised that no pardon may be given to the Lords and others that have taken up Arms though in their own defence against them that are declared by the greatest Counsell of the Land to be publique Enemies to the State and that in every County inquisition may be made by such Instruments as the King may best trust and a speciall care taken that none of them may escape that are rich and have good Estates whose Names must be certified speedily to His Majestie that they may be exempted out of the generall Pardon And whereas according to the known Laws of the Land as both the Houses of Parliament by their Declarations of the Seventeenth of January and Second of February 1641. have declared That where there is no Charge against any Member of either House made known to that House of which he is a Member and he is Arrested Attached Indicted or Accused or where their Estates are seized or sequestred which is not made known to such House whereof he is a Member That it is against the Fundamentall Liberties of the Subject the Rights of Parliament and that those that did or should offend therein were guilty of the breach of the Priviledges of the Parliament of the Liberties of the Subjects and publique Enemies to the Common-wealth and thereupon the King himself as appears by His Message of the Twelfth of January following waved His proceedings against the Lord Kimbolton and the Five Members of the House of Commons accused of high-Treason And in his Message of the Twenty fourth of the same Moneth sent to both Houses confesseth His mistake in the way And whereas afterward both the Houses of Parliament declaring in their Petition to His Majestie That it is the undoubted Right and Priviledge of Parliament that no Member of either House of Parliament can be proceeded against without consent of Parliament His Majestie returned in answer the Second of February 1641. That he did find good cause wholly to desert His prosecution against the Lord Kimbolton and five Members Yet the sayd Sir John Brookes as it appeareth by his letters hereafter mentioned and as it is most evident the rest of his fellow Traytors and Rebels that are the pretenders of peace and of governing the Subject according to the known Laws have not only broken through and violated these known Laws so lately declared in Parliament and confessed and consented unto on all hands but contrary to all Law and justice by colour of a Regall power and the Kings Prerogative above the Law presumptuously against all the Rules and Presidents of Law under pretence of a Commission of their own procuring to