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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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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
Assembly of the Parliament were by the King Commandement disclosed and declared in the Parliament and other Articles limitted by the King upon which the Lords and Commons of the Realme ought to proceed in the same Parliament if the Lords and Commons would in any wise proceed upon other Articles and in no wise upon the Articles limited by the King till the King had answered to the Articles expressed by them Notwithstanding that they were by the King enjoyned to the contrary Whether the King in this case ought to have the rule of the Parliament and indeed to rule to the intent that upon the Articles limitted by the King they ought first to proceed or not before they proceed any further To this question of one minde they answered Answ 6 That the King in this partie should have the rule and so in order one after another in all other Articles touching the Parliament untill the end of the Parliament And if any doe contrary to this rule of the King he ought to be punished as a Traytor Item whether the King when soever it pleaseth him quest 7 might dissolve the Parliamenr and command his Lords and Commons to depart from thence or not Whereunto it was of one mind answered that he may And if any would proceed in the Parliament against the King will answer 7 he is to be punished as a Traytor Item it was enquired quest 8 since that the King whensoever himselfe pleased might remove his Officers or Iustices and to justifie and punish them for their offences Whether the Lords and Commons might without the Kings will impeach the same Officers and Iustices upon their offences in the Parliament or not To which question it was by one mind answered that they might not answ 8 And he that doth contrary is to be punished as a Traytor Item it was enquired how he is to be punished that moved in the Parliament quest 9 that the statute should be sent for whereby Edward the Sonne of King Edward Great Grandfather to the King that now is was another time endited in the Parliament by the inspection of which statute the said new statute or Ordinances and Commission were conceived in the Parliament To which question answ 9 of one accord they answered that as well he that so moved as the other which by force of the same motion brought the said Statute into the Parliament House be as Criminous and trayterous worthy to be punished Item it was enquired of them quest 10 whether the Iudgement given in our Parliament holden at Westminster against the Earl of Suffolk were erronious and revocable or not To which question of one assent they said answ 10 that if the same judgment were now to be given the same Iustices and Serjeants aforesaid would not give the same because it seemed to them that the same judgement is revocable as erronious in every part In witnes whereof the Iustices and Serjeant aforesaid to this present have set their seales These men being Witnesses the Reverend Fathers The Lords Alexander Arch Bishop of York Robert Archbishop of Dublin Iohn Bishop of Darham Thomas Bishop of Chester Iohn Bishop of Bangore Robert Duke of Ireland Mighell Earle of Suffelk Iohn Ryppon Clerk and Iohn Blake Dated the day place moneth and yeare aforesaid For this opinion of theirs That the Lords procuring of this Commission Statute and Ordinance in Parliament was Treason and That the Members in Parliament might be guilty of Treason for their free votes and proceedings in Parliament or acting any thing by the Parliaments authority and command in the cases propounded to them they were all the very next Parliament 11. R. 2 accused of Treason impeached as Traytors and Enemies to the King and Realms fore-judged of their lives and judgment given against them of forfeiture of all their Lands teneements goods and Chattels as the statutes of 11. R. 2. c. 1. 2. 3. 4. 5. 21 R. 2. c. 12. our Historians in 11. R. a. record Trysilian was drawen to Tyburn and there executed others were perpetually banished Belknap himselfe confessed and said * Speedes Hist p. 747● There wanted but a hurdle a horse and a halter to carry him where he might suffer the death he deserved for if I had not done this I should have died for it and because I have done it I Deserve Death for Betraving the Lords This judgment being reversed by the Kings power in the forced Parliament of 21. R. 2. c 12. it was in the next Parliament of 1. H. 4. c. 3. 4. affirmed and confirmed as given for the great Honor and common profit of the Realme So as these two Parliaments have resolved that to accuse Lords and Members of Parliament of treason for votes Ordinances and proceedings of Parliament or for acting in or by Authority of Parl is no lesse then Treason and that such accusers and impeachers especially if Judges and Lawyers are Traytors and Enemies both to King and Kingdom undermining the Freedome Priviledges and Foundation of all Parliaments where no Members can set or speak freely and securely without endangering their heads and states nor any act securly under their Ordinances and Commandes if they may be thus impeached and become guilty of high Treason for what they shall voteand act in Parliament or by its order and Authority This President was cited at large and much urged by Mr. Oliver St Iohn his Majesties Solicitor Generall in his speech at a conferrence of both Houses of Parliament concerning Ship-money lanu 1640. printed by the Houses Order pa. 28. c. where he proves out of the Parliament Rolls That in this very case Iudgement of High Treason was given against 18. severall persons 8. whereof were executed the rest banished and their Lands and Goods forfeited That it was made Fellony for any to procure their pardon and they to be delt withall as Traytors if they returned from their banishment That of these 18 persons all save three were impeached by the Commons That the summe of their offence and Treason was Their endeavouring to overthrow * NOTE Parliamentary proceedings and conspiracy against the Persons of those Lords who procured this Commission and Act of Parliament for the good of the Kingdome with reference to their proceedings in Parliament thereby to overthrow the Commission and Act of Parliament wherein those Lords had been principall Actors That the judgements given against them were not hudled up in hast but given upon longe and mature deliberation being the whole work of that Parliament from Nov. 14. till Febr. 15. following the Houses spending long time and taking great paines in examining the evidence the better thereby to satisfie their owne conscience and the world That the Parliament of 21. R. 2. which revoked and made void these judgements was held by force * And is not this so held since the armies march to London Guards upon it quartering about it viris armatis et sagittarijs immensis as is