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A91213 The Lords & Commons first love to, zeale for, and earnest vindication of their injuriously accused and impeached Members, and violated priviledges. Manifested by their owne printed declarations, petitions, votes, in the case of the Lord Kimbolton, Mr. Denzill Holles, and some other Members, impeached by the Kings atornie, Mr. Herbert, (by the Kings owne speciall command) of high treason, in Ianuary 1641. With a paralell of Cromwells plot, in bringing the Army to London, with Henry Jermins and Percyes. And a briefe recitall of two ancient judgements in former Parliaments; proving, that it is no lesse then treason, for any to impeach Lords and Members of treason, for any thing acted by them, in, or by authority of Parliament; and that the Lords and Commons in this Parliament have, in effect, voted and declared as much. Humbly submitted to the consideration of both Houses, and of all such who by their covenant, and protestation are obliged to defend the priviledges of Parliament; and bring the infringers of them and malicious false impeachers of their Members to condigne punishment. England and Wales. Parliament.; Prynne, William, 1600-1669. 1648 (1648) Wing P4004; Thomason E422_10; ESTC R203253 15,601 19

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and adjudged in Parliament that the * Be sure then to give the impeached Members of both houses now very good satisfaction against their malicious accusers to ●re●…nt the danger ●…mated King can be neither the Relator informer nor witnesse If it rest as it is without further satisfaction no future Parliament can be safe But that the Members may be taken and destroyed at pleasure yea the very principles of Government and Iustice will be in danger to be dissolved The Occasion of this Declaration and Remonstrance of both Houses was the treasonable Plot of Henry Jermin Peircy Goaring and others related in and annexed to it which they thus expresse * That by their instruments and agents they attempted to disaffect and discontent his Majesties Army in the North to engage for the maintenance of their wicked and trayterous designes Exact Colection p. 18. 210. 211. 219. 217. 218. 221. 222 228. the keeping up Bishops in votes and functions and by force To COMPEL THE PARLIAMENT to order limit and dispose their proceedings in such manner as might best concur with the intentions of their dangerous and potent faction To which end they concluded that the Army should keep together and not disband till all their arreares were paid That they should petition the Parliament for money there being so great arrears due unto them so much delayes made for the procuring of them That they should likewise send up a Declaration to the Parliament of these particulars That nothing should be done in Parliament contrary to any former act of Parliament That Bishops should be maintained in their Votes and functions And the Kings Revenue be established That they should bring up the Army to London against the Parliament and City for that the Army heard of great tumults about London therefore offered themselves to serve the King and Parliament in a Petition drawen to that purpose with the last drop of their blouds and by this pretence of guarding the Parliament and City upon this noyse of Tumults in London to compell the Houses to Order things according to their desires and to secure the Tower of London and Portsmouth and impeach the leading Members that should oppose them which last was put in execution against some Members as is before related Whether Cromwell and his Confederates have not punctually pursued their trayterous designes and far out-stripped them in all these particulars by engaging this Army of late upon the same grounds pretences to do the very same and much more in reality which that Army then was only designed to do intentionaly let the impartial reader judge ●● who are the greatest Traytor and Conspirators of the two against the Parl. Kingdome and King too whom they have forcibly plundered out of both houses possession from whom they still detaine him and recruit and keepe the Army together neare the City to give lawes to Parliament City King and Kingdome to impeach imprison suspend and expell the Members of both houses who dare oppose them at their pleasure and inforce them to vote and unvote what their Grand Councell of the Army and Agitators shall prescribe them let the Houses City and Kingdome determine Certainly their late intimacy and correspondency with Ashburuham and Capt. Legg who had a great hand in this Conspiracy and Treason of bringing up the Northren Army to London upon these pretences against the Parliament and City who adheered to them makes intelligent men shrewdly suspect they had a finger in bringing up the Armie of late to London upon the like pretences of tumults there who have been more unreasonable and treasonable in their Remonstrances Petitions Demands to Actions against the houses and Members then the Northren Army ex Cauda Draconem What crime it is for any to accuse Members of Parliament of Treason for acting or voting any thing in Parliament or by the Parliaments authority or command will evidently appeare by the resolutions of two ancient Parliaments In the 10. yeare of King Richard the 2. the Parliament by a * ●… c. R. 2. c. 1. ● R. 2. c. 1. 2. 3. speciall Act and Commission put the government of the Kingdom and Kings Revenues into the hands of certaine Lords by reason of the Kings misgovernment Whereupon the King soone after that Parliament ended called his Judges and Counsell at Law to Nottingham Castle to demand their opinions concerning this act and Commission and the procurers thereof in Parliament and concerning some proceedings in Parliament to which they returned their Answer thus expressed in the Statute of 21. R. 2. c. 12. Memorandum that the 25. day of the moneth of August the 11th yeare of the Raigne of King Richard the second at the Castle of Nottingham before our said Soveraigne Lord the King Rob. Tresilyan chieif Justice Rob. Belknap chief Iustice of the common Bench Io. Halt Rog. Fulthrop Wil Burgh Kts. fellows of the said Rob. Belk Io. Locton one of the Kings Serj. at Law being personally required in the presence of the Lords other witnesses under written by our said Soveraign L. the King in the faith Legeance by which they be firmly bounden to the said King that they should truely answer to certain questions under written and before them recited and upon the sameby their discretions to say the law First it was enquired of them Quest 1 whether that the same new Statute and Ordinance and the Commission made in the last * 10. Ri. 2. c. 1. Answ Parliament holden at Westm be hurtful to the Kings Royal prerogative Whereunto all of one minde answered that they bee hurtfull Quest 2 and specially because they were against the Kings will Item it was enquired of them how they ought to be punished which procured the said Statute Ordinance and Commission to be made Whereunto with one assent they answered Answ how they ought to be punished by the capitall paine that is to say of death unlesse the King in this party of his grace will pardon them Item Quest 3 it was enquired how they ought to be punished which excited the said King to consent to the making of the said statute Ordinance and Commission Where unto of one minde they said Answ 3 that unlesse the King would give them his pardon they ought to be punished by the capitall paine Item Quest 4 it was enquired of them what paine they deserved that compelled the King to consent to the making of the said Statute Ordinance and Commission Whereunto by one assent they gave answer Answ 4 that as Traytors they ought to be punished Item quest 5 how they ought to be punished that did interrupt the King so that he might not exercise those things that appertaineth to his regallity and prerogative Where unto of one assent it was answered Answ 5 that they ought to be punished as Traitors Item quest 6 it was enquired of them whether that after that the businesse of the Realme and the cause of the
declared in the Parliament Roll of 1. H. 4. No. 21. 22. That this Parliament of Revocation was no free Parliament And in the Parliament of 1. H. 4. No. 48. these judgements of Revocation are declared to be erronea iniqua et omni juri et rationi repugnantia erronius wicked and contrary to all right and reason And in the Parliament of 1. H. 4. in print these Attaindors are confirmed So that these Iudgements of Attaindors have the authority of two Acts of Parliament both of them of force at this day though these Iudges delivered these erronious opinions against the Lords by violence for * If no excuse in these Iudges much lesse in Parliament Members who now plead it feare of death torture of their Bodies which was no excuse So he How far this President may trench upon any Lawyers now in relation to the impeachment of any Lords and Members for what they acted in this present Parliament and by authority and Ordinances of both Houses let Mr. Solicitor and the Ho●…es whom it most concernes determine Of what crime those are guiltie who out of particular spleen malice or to carry on their owne private designes have lately mutined and brought up the Army to London and by its countenance and power most injuriously impeached some faith full Lords and Commons of High Treason for sitting and voting in Parliament and acting only in obedience to their Ordinances and Commands for the Parliaments service and defence against a rebellions Army marching up against the Houses and Cittie in an Hostile manner against the Houses expresse commands to the contrary and whether they be not Traitors and Enemies to the Realme in this particular as bad or worse then the Gun-powder Traitors which would have blown up the Members only of one Parliament where as these endeavour to blow up the foundations of all Parliaments with their Members and Priviledges too at once let these two ancient Parliaments and those who are learned in the Lawes resolve And certainely this very Parliament hath oft declared them such and no better in the promised Declarations and sundry others and the House of Commons alone in this observable Vote printed by their speciall Order * An exact Collection p. 190. Die Jovis 12 Maii. 1642 Resolved upon the Question THat this House doth declare that if anie person whatsoever shall arrest or imprison the persons of the Lords and Gentlemen or anie of them or Any other of the Members of either House of Parliament that shall be imployed in the service of both houses of Parliament or shall offer violence to them or any of them For being Any thing in pursuance of the Commands or infirmations of both Houses shall be held Disturbers of the proceedings of Parliament and publick Enemies of the State And that all Persons are bound by their Protestation to endeavour to bring then to condigne punishment Much more then are both Houses in Honour and Justice bound to do it by their Protestation and much more by their Solemne League and Covenant wherein they have lifted up their hands to the most High God and sworne sinceerely really and constantly to endeavour with their Estates and lives mutually to preserve the rights and priviledges of Parliaments and not to suffer themselves directly or indirectly by Whatsoever combination perswasion or terrour to be withdrawne from this Covenant or to give themselves to a detestable indifferency or neutrality in this cause but all the dayes of their lives to continue zealously and constantly therein and to discover all Incendiaries Malignants and evil Instruments who act any thing contrary to this League and Covenant and that they may be brought to publick tryall and receive condigne punishment as the degree of their Offiecnces shall deserve or the supreame Iudicatory of the Kingdome judge convenient Which clause of the Covenant it is high time for them and every true-hearted English man who makes conscience of his Covenant or beares any love to Parliaments to remember and put in due execution after so many insufferable violations of the undubitable Rights and Priviledges of Parliament and most injurious malicious violent prosecutions false impeachments suspentions expulsions of their innocent wel deserving Members for their fidelity and duty to the Houses and their Countrey for feare the honour power and priviledges of Parliament be blowne up and lost for ever by base unworthy cowardize and silence in this common cause which so greatly concerns our whole Kingdomes present and future welfare peace and settlement And till the Houses right and vindicate themselves and their Members herein let them never expect any Honour blessing or cordial assistance from God or Men but to be made the obloquy shame and scorne both of the present and all future Ages after all their former splendor and renowne now almost totally and finally ecclipsed by what means and degrees themselves best know whereof their late deserting and betraying of their owne innocent worthy Members to the malice of some potent Officers in the Army contrary to their former proceedings in the case of the Lord Kimbolton Mr. Hollis Mr. Pym and others which gaind them so much honour love and ready assistance from the City and Kingdome is not the least Qui Deo et sibi nequam cui bonus If they shall prove unfaithfull to God their owne and the peoples soules in not setling Religion suppressing Heresies Errors Blasphemies Scisms or treacherous to their owne Priviledges faithfull Presbyterian Members in sacrificing them any longer to the Ambition and malice of L. G. Crumwell and his Confederates ten thousand times * See the Putney projectors A Word to Lieut. Gen. Cromwell An Anatomy of the Army where this is abundantly proved more guilty then they of those very Crimes Treasons of which they have falsly impeached them and therefore to be impeached imprisoned and cast out of the House and Army rather then they without restoring them to the Houses and their Liberty with just and Honorable reparations to the Houses and them from their malicious Accusers to prevent the like future attempts upon other eminent Members and Patriots of their Country neither God nor men City nor Country Engl. Scotl. nor Ire whose affections they have almost quit estranged lost will ever trust beleeve honor or cordially adhere to them any more but utterly desert and cast them off as undoers or betrayers of them selves and them And then what will become of their Honors the idolized Generall Cromwell and imperious Army their late compliances with whom in their unjust impeachments and Demands have almost quite lost all their other best affected friends and brought them into that low contemptible and almost desperate condition of which they now complaine Repent therefore instantly of all your late dishonorable faylings in this kind or any other and do your first work to regaine the discontented Members Citizens and Kingdomes hearts and preserve your selves and them from approching utter ruine And remember the Apostles caveat Gal. 5. 1 ● 15 for all the Law is full-filled in one word even in this Thou shalt love thy Neighbor as thy self But if ye bite devour one another Take heed that yee be not consumed one of another and made a prey to the Common Enemy who rejoyceth at your intestine animosities and divisions the sad effects whereof our Saviour himselfe hath peremptorily predicted Mar. 3. 24. 25. If a Kingdome be divided against it selfe that Kingdome cannot stand And if a House of Parliament be divided against it selfe that House cannot stand The Lord give all hearts and wisdome to consider and beleeve it whom it doth concerne and those especially who have been the Authors and contrivers of the late malicious impeachments against the Lords commons and citizens which they are unable to make good FINIS