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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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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
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