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A91189 A full declaration of the true state of the secluded members case. In vindication of themselves, and their privileges, and of the respective counties, cities and boroughs for which they were elected to serve in Parliament, against the vote of their discharge, published in print, Jan. 5. 1659. by their fellow members. Compiled and published by some of the secluded members, who could meet with safety and conveniencie, without danger of a forcible surprize by Red-coats. Prynne, William, 1600-1669. 1660 (1660) Wing P3965; Thomason E1013_22; ESTC R22149 44,193 60

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design the alteration of our Religion And we do here require all those who have any sence of piety honor or compassion to help a distressed State especially such as have taken the Protestation and are bound in the same duty with us unto their God their King and Country to come in unto our aid and assistance this being the true cause for which we raise an Army under the command of the Earl of Essex with whom in this Quarrel we resolve to live and dye And in the Declaration and Resolution of both Houses in answer to the Kings Proclamation against the h Earl of Essex they have these words viz. And whereas the Lords and Commons in Parliament did formerly choose the Earl of Essex to be Captain General of such forces as are or shall be raised for the maintenance of the true Protestant Religion the Kings person the law of the Land the peace of the Kingdom the liberty and propriety of the Subject and rights and privileges of Parliament the said Lords and Commons do declare That they will maintain and assist him and adhere unto him the said Earl with their lives and estates in the same Cause as in conscience and duty to God the King and their Country they are bound to do And the i Petition of both Houses sent to the King by the Earl of Essex when he marched in the head of the Parliaments army saith That they have for the just and necessary defence of the Protestant Religion of his Majesties Person Crown and Dignity of the Laws and Liberties of the Kingdom and the Privilege and power of Parliament taken up arms The two Houses of Parliament having thus taken up arms and declared the cause thereof no successe made them in the least to vary from it but in the very heat of the war and whole prosecution thereof to the end they asserted and adhered to the same cause as appears in all their Remonstrances Declarations Orders and Ordinances during the war which being over-tedious to transcribe at large some material passages to that effect shall only be inserted viz. In the k Directions from both Houses given to the Earl of Essex General of the Army the cause is asserted to be in defence of Religion his Majesties Person the Liberties and Laws of the Kingdom and Privilege of Parliament And in the l Declaration and Protestation of the Lords and Commons in Parliament to this Kingdom and to the whole world Dat. Octob. 22. 1642. a day before the battel of Edghil ordered to be read in all Churches and Chapels wherein they expresse their resolution to enter into a solemn Oath and Covenant with God they conclude with these words viz. We doubt not but the God of truth and the great Protector of his people will assist and enable us in this our just defence to restrain the Malice and fury of those that seek our ruine and to secure the Persons estates and Liberties of all that joyn with us and to procure and establish the safety of Religion and fruition of our Laws and Liberties in this and all other his Majesties dominions which we do here again professe before the ever-living God to be the chief end of all our Councils and resolutions without any intention or desire to hurt or injure his Majestie either in his Person or just power And whereas in the m Kings Proclamation of the 24. of Octob. 1642. It is alledged that the war raised against him was to take away his life to destroy his posterity to change the Protestant Religion to suppresse the Law of the Kingdom and to take away the Liberty of the Subject and to subject both to an arbitrary power And in one of his Majesties Declarations there was this allegation That the Army raised by the Parliament was to depose the King Thereupon both Houses of Parliament in a Declaration after the bloody battel of Edghill in answer to this Charge and Declaration have these words n We hoped the contrivers of that Declaration or any that professed but the name of a Christian could not have so little charity as to raise such a scandal especially when they must needs know the Protestation taken by every Member of both Houses whereby they promise in the presence of almighty God to defend his Majesties Person the promiss and Protestation made by the Members of both Houses upon the nomination of the Earl of Essex to be General and to live and dy with him wherein is expressed that this Army was raised for the defence of the Kings Person And in the same Declaration they rejoyce that his Majestie and his Children escaped danger in that Battel In the o Remonstrance of the Lords and Commons of the 2d of Nov. 1642. there is this passage As God is witnesse of our thoughts so shall our actions witnesse to all the world that to the honour of our Religion and of those that are most zealous in it we shall suffer more from and for our Soveraign than we hope God will ever permit the malice of wicked Counsellors to put us to and though the happiness of this and all Kingdoms dependeth chiefly upon God yet we acknowledge that it doth so mainly depend upon his Majestie and the royal branches of that root that as we have heretofore so we shall hereafter esteem no hazard too great no reproach too vile but that we shall willingly go through the one and undergo the other that we and the whole Kingdom may enjoy that happiness which we cannot in an ordinary way of providence expect from any other fountain or streams than those from whence were the poyson of evil Councils once removed from about them we doubt not but we and the whole Kingdom should be satisfied abundantly The same Remonstrance also hath these words p We do not say the Royal assent is not requisite in the passing of Laws nor do or ever did we say That because his Majestie is bound to give his consent to good Laws presented to him by his people in Parliament that therefore they shall be Laws without his consent or at all obligatory saving only for the necessary preservation of the Kingdom whilst that necessity lasted and such consent cannot be obtained And again (q) We did and do say that the Soveraign power doth reside in the King and both Houses of Parliament It follows in the same Remonstrance r Having the honour of God and of his Majestie and the peace freedom and prosperity of this Kingdom chiefly before our eyes in our Propositions and in all our actions we rest assured that both God and man will abhor and abominate that monstrous and most injurious charge laid upon the Representative body of this whole Kingdom Of desiring the ruins not only of his Majesties person but of Monarchy it self and we appeal to all the world whether worse words than these can be given us And whether it be not high time for
us to stand upon our defence which nature teacheth every man to provide for and this Kingdom unlesse it be very unnatural and very unmindfull of it self cannot but afford to them whom it hath intrusted and by whom it is represented and if the Major part of both Houses may sit free from force we doubt not but that they will not only make it good that they have done themselves and the whole Kingdom right in their De●larations and offered no wrong nor done any prejudice at all to his Majestie but also be very sensible of the great indignity offered to the representative body of this whole Kingdom by the contrivers of the Kings answer and will make such persons that delight to foul their own nests and to cast dirt in the face of the Kingdom instances of their exemplary justice so soon as they shall be discovered and brand both them and their doctrin with the marks of their perpetual scorn and indignation And for a tast of their horrid doctrine these Particulars are mentioned from the Declaration that Remonstrance answers viz. s That his Majestie or any other Person may upon suggestions and pretences of Treason Felony or breach of the peace take the Members of Parliament out of either House of Parliament without giving satisfaction to the House whereof they are Members of the ground of such suggestion or accusation and without and against their consent so they may dismember a Parliament when they please and make it what they will when they will That the Representative body of the whole Kingdom is a faction of Malignant Scismatical and Ambitious Persons whose design is and alwaies hath been to alter the whole frame of Government both of Church and State and to subject both King and people to their own lawlesse arbitrary power and Government and that they design the ruine of his Majesties person and of Monarchy it self and consequently that they are Traytors and all the Kingdom with them for their Act is the Act of the whole Kingdom and whether their punishment and ruine may not also involve the whole Kingdom in conclusion and reduce it into the condition of a Conquered Nation no man can tell but experience sheweth us that successe often draws men not only beyond their professions but also many times beyond their intentions Likewise in the t Declaration of both Houses dated Novemb. 7. 1642. for the encouragement of the Apprentices to list themselves under the Earl of Warwick the cause is declared to be for the defence of Religion and liberty of the Kingdom his Majesties royal Person the Parliament and the City of London In the u Declaration of the Lords and Commons of the 17th of December 1642. The Parliaments Army is said to be raised for the necessary defence of the true Protestant Religion the King Parliament and Kingdom And in the x Declaration of both Houses concerning a Treaty of peace made by Cheshire alone it is held forth That they ought not to withdraw themselves from the common cause but to joyn with the Parliament in the defence of the Religion and liberty of the whole Kingdom and with them to labour by all good means to procure a general peace and protection from the King for all his Subjects according to their general Protestation In like manner in the y Declaration of the 7th of January 1642. for a subscription of mony and plate for supply of the Army the cause of the war is expressed to be for the preservation of Religion as well as the just and undoubted power and privilege of Parliament our Laws and Liberties from most apparent destruction And in the z preamble to the Propositions of both Houses tendred to his Majesty Fe●r 1. 1642. they say That they took up Arms for the defence of our Religion laws liberties privileges of Parliament and for the sitting of the Parliament in safety Likewise in the first a Ordinances for a general weekly Assesment wherein the whole Kingdom was to be satisfied That they might freely pay their mony the same cause is held forth The b Associations also of the several Counties of the Kingdom were setled for the same cause In the year 1643. c The Solemn League and Covenant was taken by all Members of Parliament and throughout the Kingdom in maintenance of the same cause as appears by the Covenant and the Exhortation to the taking of the same The Kingdom of Scotland engaged with us in the same cause And all d Commissions to the Generals and Army-Officers were in the name of King and Parliament And when a new Army was raised of 20000. men under the command of Sir Tho. Fairfax by e Ordinance of both Houses dated the 13th of Febr. 1644. it is held forth to be for the defence of the King and Parliament the true Protestant Religion the laws and liberties of the Kingdom An Ordinance dated 3. Aug. 1647. for raising of forces to be commanded by Sir William Waller is for defence of the King Kingdom Parliament and City Lastly to mention no more towards the end of the war the House of Commons alone published a memorable f Declaration dated the 17th of April 1646. called A Declaration of their true Intentions concerning the antient Government of the Kingdom and securing the people against all arbitrary Government c. Wherein remembring the aspersions cast upon them in the beginning of the war and that the same Spirits were still working and mis-representing their intentions and not ceasing aswell in print as otherwise to beget a Belief that they then desired to exceed or swerve from their first ayms and principles in the undertaking of this war and to recede from the Solemn League and Covenant and Treaties between the two Kingdoms and that they would prolong the troubles and distractions in order to alter the fundamental constitution and frame of this Kingdom to leave all Government in the Church loose and un●etled and our selves to exercise the same Arbitrary power over the Persons and Estates of the Subjects which this present Parliament hath thought fit to abolish by taking away the Star-chamber High Commission and other Arbitrary Courts and the exorbitant power of the Council-Table All which being seriously considered by them and fore-seeing that if credit were given to such dangerous in●inuations and false surmise the same would not only continue the then calamity and involve us into new and unexpected imbroylments but likewise inevitably endanger the happy issue and success of their endeavours which by Gods blessing they might otherwise hope for they did declare in these words We do declare That our true and real intentions are and our endeavours shall be to settle Religion in the purity thereof according to the Covenant to maintain the antient and fundamental Government of this Kingdom to preserve the right and liberty of the Subject to lay hold of the first opportunity of procuring a safe and
must needs be the extremity of Anti-Parliamentary Injustice especially in those of the Long Robe sitting in and advancing themselves to the Seats of Justice in all the Courts of Westminster 12. It is the undoubted Privilege and Birth right not only of Members but of the meanest despicablest and most flagitious Commoners of England if complainants or petitioners to be admitted freely both into the Lobby and Commons House without forcible seclusion to present their complaints grievances for their relief or redresse or if a Delinquents to be accused summoned heard duly convicted and particularly sentenced at the bar by name before they be committed or sentenced as all Parliamentary Records Journals daily experience attest Therfore that the Majority of the Members persons of greatest Eminency Interest Integrity representing most Counties Cities and Boroughs of the Realm should be denied that justice and privilege which the meanest Commoners and most exec●able Del●●quents enjoy as their Birthright only for their Vote and that by their Fellow-Members the greatest pretenders to publick Justice Liberty and Saintship is not only Anti-Parliamentary and Injurious but stupendious in the sight of God Angels Men and the whole Nation 13ly The whole House of Commons and some of our secluders in the case of the XI M●mbers impeached by the Army 9. of them now secluded upon long and full debate June 25. 1647. Resolved unanimously on the Question without one dissenting Voice as to part of the Armies general charge against them for something they had spoken and done within the House That it did not appear that any thing had been said or done by them in the House touching any matters contained in the charge or Papers sent from the Army for which they could in justice suspend them from ●itting and Voting in the House In the debate whereof they all concluded it was a high breach of Privilege for the Army or any others out of the House to impeach any Members for things spoken or done within the House whereof the House alone is to take notice and be the sole Judge Therefore by this very Vote and resolution the House upon the Armies Proposals and Desires alone ought not in justice to suspend much lesse forcibly to seclude and eject us only for our Vote within it and it was a transcendent breach of the Privileges of the House to receive their Proposals Decemb. 6. and their Answer January 3. complaining against our Vote and to make it the only ground of our suspension and seclusion ever since and now of our Ejection 2ly They then unanimously resolved That by the Laws of the Land no Iudgement can be given to suspend those Members or any of them from sitting in the House upon the Paper presented from the Army before particulars offered and proofes made against them Therefore they cannot suspend seclude and eject both them and the Majority of the whole House now from sitting or Voting with them any more only for their Vote without any other particular charge hea●ing conviction or Judgement pronounced against them at the bar 14ly Had this Vote and judgement of Supension and Discharge been given against any one of the suspended Members in a full and free house and Parliament and ratified by an Act or Ordinance of both houses without any legal summons tryal and hearing at the Bar yet it had been erroneous null and void and ought to be reversed as such and that by the expresse judgements and resolutions of the Parliaments of 28 E. 3. Rot. Parl. n. 7 to 14. 29 E. 3. n. 29. in the case of * Roger Mortymer Earl of March who in the Parliament of 4 E. 3. Rot. Parl. n. 1. was impeached in Parliament of high Treason for murdering of King Edward the 2d after his deposing for accroaching to himselfe Royal Power and the Government of the State over the King For comming to the Parliament at Salisbury with force and arms contrary to the Kings Writ and Prohibition under his Seal That none should come to the Parliament with force and arms under pain of forfeiting all that he could forfeit to the King Whereupon the Earl of Lancaster and others of the Lords by reason of his force came not at all And when in the Prelates were there assembled in an house at the said Parliament to consult about the affairs of the King and Realm The said Roger broke open the Doors of the House upon them with men at arms and threatned them of Life and of Member if they should be so hardy to speak or do any thing against his Will and Ordinances And did so much in the same Parliament that the King made him Earl of March and gave him many Lands and Tenements to the dis-inheriting of the Crown And afterwards the said Roger and those of his confederacy led the King armed against the Earl of Lancaster and other Peers of the Land to Winchester where they were comming towards the King to the said Parliament at Salisbury Whereupon the said Earl and other Peers of the Land to avoid the peril that might happen out of reverence to the King departed and went towards their Country grieving that they could not speak with nor counsel the said King as they intended and ought to do And for several other grand misdemeanors drawn up and entred in the Parliament Rolls in 14. Articles in French Upon these Articles by reason of the notoriousness of the Facts he was by Judgement and act of Parliament condemned and executed as a Traytor in 4 E. 3. without being brought personally to answer or make his defence at the Bar and his Lands forfeited to the King Whereupon in the Parliament of 28 E. 3. Roger Mortymer Earl of Worcester his Cousin and Heir by Petition prayed That this Act of his Attainder might be examined and the judgement against him reversed for manifest errors therein Whereupon the Record was brought into the Parliament and the Articles Judgement and Proceedings read at large Which done it was alleaged That the judgement was defective and erroneous in all points not for the substance and Truth of the charge but for that the said E. was put to death and dis-inherited Sans nulle accusement et sans estre mesne au juggement ou en respons without any accusation face to face and without being brought to judgement or to answer For which cause it was prayed the said Act a●d Iudgement might be reversed and annulled And for these Reasons our Lord the King Prince Dukes Earls and Barons by * accord of the Knights of Counties and of the Commons reversed and annulled the said Records and Iudgements and adjudged them erroneous and void And the Parliament of 29 E. 3. did likewise confirm and assent thereto as the Parliament Rolls attest If then this Judgement though ratified by an Act of Parliament upon particular Articles of Impeachment true in substance against this Arch-traytor and first forcer of Parliaments by armed men extant on
Nations serious consideration and of a full and free Parliament as thus st●●●d in matter of Fact and debated in point of La● for our necessary Vindication and theirs we represent and to our Secluders second thoughts Who having in their fresh * Declaration of the 24. of this instant Jan. published That their intentions are and that they are resolved through the Goodnesse and Assistance of God to remain constant and unmovable That the People of these Nations may be governed from time to time by Representatives in Parliament chosen by themselves in whom alone the Supream Authority of these Nations doth and ought to reside and that they should be governed by the Laws and that all Proceedings touching the Laws Liberties and * Estates of the free People of this Common wealth shall be according to the Laws of the Land It being their principal care to provide for the freedom of the people against all arbitrarinesse in Government And that it is one of the greatest cares they have upon them how to give the people that ease from their present Burthens which their impoverished Condition calls for We hope they will not immediately violate it in the case of us who are their Fellow-Members the Majority of the House and the Representatives of the greatest part of the people intrusted and chosen by themselves who earnestly press our frec admission by secluding us against all rules of Law and Justice and imprisoning those * Gentlemen and Freemen sent up with * Letters unto them from the several Counties and places we represent to demand our speedy restitution to our trusts as the only means to redresse their many insupportable Grievances and by Gods blessing to reduce them to a firm free and legal settlement of their Rights And by imposing on the whole Nation in their miserably exhausted condition and want of Trade and us their excluded Fellow-Members and those many Counties Cities and Boroughs we represent a Monthly Tax of one hundred thousand pounds a month for six months time to begin from December 25. last without and against our privity and consents especially after their enforcing the people to pay a whole years Contribution within three months space contrary to the first Grant thereof under the late Protector upon their first convening in May last during these very 6. Months space they paid before hand on which they now tax them afresh higher than ever the old Parliament or their new Protectors or any Kings of England in former times have imposed an oppression not to be presidented in any age And all to pay forces to keep us out of the Houses and support themselves in their usurped * Parliamentary power and discharge those Debts their own extravagant Councils and Actions in not hearkning to our Vote for which they Excluded us have contracted only to make us more miserable base slavish unsetled than ever heretofore Upon the whole matter which we have truly stated and debated though with some Distraction and Interruption in our own behalf and of those Counties Cities and Boroughs by whom we were elected and whom we have faithfully served in Parliament according to their trusts reposed in us we do appeal from the Armies unjust force and illegal violence and from the unpresidented generall unreasonable unparliamentary Votes and Judgements of a few of our dissenting Fellow-Members procured by the force and demands of the Army and passed by parties behind our Backs during our forcible seclusion only for our free Vote in Parliament when they and the Commons of the whole Kingdom were involved therein by the resolution of the Majority of the House unto the impartial Judgement of a full and free● Parliament and in the mean while we do claim the benefit of our Laws and especially of the Great Charter the Petition of Right and the good Acts made in the beginning of this Parliament after so much Blood and Millions of our Treasure expended for the protection of our Persons Estates Liberties and of those we represent against all arbitrary Proceedings Votes Impositions Taxes and armed violence of our Secluders or their forces that whereas by the * Ordinance of God the Sword is given to the Magistrate only for the punishment of evil doers for the prayse of them that do well we nor any of us who are quiet in the Land and accountable to law wch is our Birth-right may not be hunted or seized by Souldiers for our former Vote and observing the Declarations and Remonstrance of this Parl. the Protestation Solemn League and Covenant and other Oaths which lawfull Authority have ingaged us in and our Secluders joyntly with us and the Army-Officers too and in the consciencious observance whereof we hold our selves obliged to live and die And having nothing if we know our own hearts in our thoughts or endeavours but that the true reformed Religion may be preserved and flourish the Plots of Jesuits and Romish Emissaries prevented the Privileges Rights Honour and Splendor of Parliaments vindicated and restored the Laws and Liberties of the Kingdom cleared rescued and preserved from arbitrary violations a d●e regard had to tender Consciences intollerable publick burthens eased as comprehensive an Act of O●l●vion and free Pardon past as will stand with publick safety honour and justice Trade in City and Country restored the increased swarms of starving Poor relieved and imployed just Debts and Rewards both to Souldiers Purchasors and others satisfied and secured and these ruined Kingdoms happily established upon lasting Foundations of Truth Righteousnesse and Peace now we have cleared our selves to the world and those who have entrusted us we can patiently attend Gods future dispensations yet should be very glad that as a * few of the faithfull Nobility when the Kingdom was in much lesse danger were judged so considerable as to prevail with the late King to follow their advice for the calling of this Parliament in 1640. So in this time of the greatest dangers and difficulties that these 3. Nations and the Protestant cause throughout the world ever wrestled or contended with there may not be found amongst us a generation of men who for filthy lucres sake particular groundlesse fears apprehensions of lesse or suffering guilt self-seeking ambitious aims of Dominion over or envy or revenge against their Brethren or pretended self-preservation shall continue our confusions and calamities and as Vipers gnaw out the bowels of their native Country and because of a little present power in their hands which like Jona●s gourd they see by sensible experience may wither in a day or be turned against them harden themselves against the safe sober and Christian Councils of so many of the Nobility Gentry Ministry and Commonalty of all Callings and Degrees as of necessity must conceive themselve for the safety of the Nations or perish with them obliged to endeavor that the great Council of this Nation by the advice of so many persons of Interest and Quality