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 execâ—able Delâ—â—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 Mâ—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 â—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 heaâ—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 aâ—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
who as he doth not pervert judgement nor do wickedly Job 8. 3â—c 34. 12. but judgeth uprightly without respect of persons 1 Pet. 1. 17. Justice and Judgement being the habitation of his Throne from whence he administreth Judgement in Righteousness Ps. 89. 14. Ps. 9. 8. So he alwaies pleads with Malefactors and judgeth them face to face Ezech. 20. 35. Thus he proceeded against and judged the very first Offenders Eve Adam and the Serpent for the first offence in the world after the Creation summoning all three of them before him and impeaching and hearing their Answers to his Charge and last of all giving a particular judgement against each of them according to their Offences Gen. 3. 8 to 20. as a President for all other Judges to imitate And thus God and Jesus Christ will proceed in the last general judgement of the whole world when all Mankind and every Person good or bad from the Creation till the worlds expiration shall be summoned and personally stand and appear before the judgement Seat of God and Christ where every one of them shall give a particular account of himself to God of whatever he hath done in the Body whether it be good or evil and we and our Secluders too amongst the rest and be judged according to their works and receive a particular sentence of Condemnation or Absolution as Eccles. 12. 14. Mat. 25. 33 to 46. Rom. 14. 10 11 12. 2 Cor. 5. 10. Rev. 20. 12 13. Mat. 12. 36. Rom. 2. 1 2 3 to 13. resolve Upon all which premises we conclude the Votes Proceedings against us by our Fellow-Members to be erroneous injurious unrighteous nul and void to all intents And if they and the Army-Officers for want of Law Reason Presidents shall still endeavour as hitherto to make them valid and obligatory to us and those we represent only by Club-Law and violence We shall then conclude as the Lords and Commons and most of themselves heretofore did in their Declaration of August 4. 1642. against the King and his forces who were never guilty of so high a violation of our Privileges as those now sitting * If the King may force this Parliament by demanding only 6. Members of it and our Secluders now by excluding above 200. at once by force and Arms we may bid farewell to all Parliaments from ever receiving good by them And if Parliaments be lost the People are lost their Laws are lost as well those lately made for Triennial Parliaments and the continuance of this against the Council-Tables Extravagances c. as in former times which will be cut in sunder by the same Sword now drawn for the destruction of this by ours and others forcible seclusions Then if they will not come and help the Parliament and save themselves though both they and we must perish yet have we discharged our Consciences and delivered our Souls and will look for a Reward in Heaven should we be so ill requited upon Earth by thâ—se of whom we have so well deserved which we cannot fear having found upon all occasions such real Demonstrations of their Love and Affection and of their râ—ght understanding and apprehension of our and their common Danger especially now that the Question is so clearly stated We shall only subjoyn 3. Considerations more in point of Law and prudence arising from our forcible seclusion and exclusion by the minority of our fellow Members 1. That both Houses and most of themselves have declared in their s Declaration of 23. Octob. 1642. that the raising of forces only to force some particular Members of this Parliament as the 6. impeached by the King to be delivered up and secluded the House is a levying war against the Parliament For to raise an Army to compell the Parliament to expose these Members to the fury of these wicked Counsellors that thirst after nothing more than the ruine of them and the Commonwealth What can be more evident than that the same is levied against the Parliament For did they prevail in this then by the same reason they might dâ—mand twenty more and consequently never rest satisfied untill their Malice and Tyranny did devour all those Members they found crosse and opposice to their Lewd and Wicked designs And so by depriving the Parliament of their Members destroy the whole Body That both Houses in their Votes of 20 Maii 1642 t resolved That the levying war against the Parl. is Treason and whoever shall assist the King though the chief Member and u head of the Parliament much more then any inferior Members of it in such a Warr are Traytors by the Fundamental Laws of the Kingdom and have been so adjudged by two Parliaments 1â—R 2. 1 H. â— and ought to suffer as Traytors Which Votes were seconded by many x Ordinances for sequestring and confiscating the real and personal estates of all Members of Parliament and others who sided with the King and his Forces against the Houses of Parliament by the condemnation of Mr: Waller and execution of Mr. Tomkins and others as TRAYTORS y for conspiring to seise several Members of both Houses by force of arms under a pretence of bringing them to justice by a Commission from the King dated 16 March 1643. though they actually attempted not to seâ—fe any Member By the proceedings against the * Members of both Houses deserting the Parliament under pretext that they were forcibly driven away from Westminster by seditious Tumults and imposed trayterous Oaths summoned to meet at Oxford by the Kings Proclamation of Jan. 29. 1643. where 49. Members of the Lords House and 175. of the Commons House assembled and sate in Council with the King and yet for levying war against the majority of the Parliament and both Houses sitting at Westm. they were are all of them sequestred and after several summons discharged to sit in either House by a special Ordinance (z) some of the said Lords together with the King himself condemned and executed as Traytors for levying war against the Parliament and majority of the Mâ—mbers at a great distance not personally in or at the House doors without seâ—uring or secluding any Members or interrupting their sitting in the House by armed forces If then it were high Treason in the King and his party to raise forces to demand and secure but 6. Members of both Houses by force and for the minority of the Lords and Commons house to levy war against the majority of the Parliament only at a distance for which they were thus sequestred condeâ—â—ed executed as Traytors even by those now sitting as well before as after our seclusion we refer it to their own Consciences Judgements and the whole Kingdom to determine whether it be not a higher and worser Treason levying war against the Parliament for them being but the Minority of the House and Members to engage and order the very * forces raised against the King and his party
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 Mal. 2. 10. Have we not all one Father Hath not one God created us Why do we deal treacherously every man against his Brother by prophaning the Covenant of our Fathers 1 Cor. 6. 8. Nay you do wrong and defrand and that your Brethren LONDON Printed and are to be sold by Edward Thomas at the Adam and Eve in Little Britain 1660. A FULL DECLARATION OF THE True State of the matter of Fact Concerning the SECLUDED MEMBERS OF THE House of Commons OF THE Parliament Begun at WESTMINSTER November 3d. 1640. FOr the clearer stating of their Case it will be necessary to have a retrospect to the year 1642. and to observe down-wards such Proceedings as had a direct influence upon this matter In order whereunto it must be considered that in the said year some mis-understandings arising between the King and his two Houses of Parliament concerning some evil Counsellors about the King at which style his Mâ—jesty took offence the two Houses in their a Declaration of the 19. of May 1642. have this expression in answer thereunto We his Majesties loyal and dutifull Subjects can use no other style according to that Maxim in the Law the King can do no wrong but if any ill be committed in matter of State the Council if in matters of Justice the Judges must answer for it They add further b We cannot but justly think that if there be a continuance of such iâ—l Counsellors they will by some wicked device or other make the Bill for the Triennial Parliament and those other excellent Laws passed this Parliament of no value And we are resolved the gracious favour of his Majestie expressed in that excellent Bill for the continuance of this Parliament and the advantage and security which thereby we have from being dissolved shall not incourage us to do any thing which otherwise had not been fit to have been done And after by their c Remonstr of the 26 of May 1642. they gave this as a Character of those evil Counsellors viz. These are the men that would perswade the People that both Houses of Parliament containing all the Peers and representing all the Commons of England would destroy the Laws of the Land and Liberties of the People wherein besides the trust of the whole they themselves in their own particulars have so great an interest of honour and estate That we hope it will gain little credit with any that have the least use of reason that such as must have so great a share in the misery should take so much pains in the procuring thereof and spend so much time and run so many hazards to make themselves slaves And they conclude that Declaration with these words We doubt not but it shall in the end appear to all the world that our endeavours have been most hearty and sincere for the maintenance of the true Protestant Religion the Kings just Prerogatives the Laws and Liberties of the Land and the Privileges of Parliament in which endeavours by the grace of God we will still persist though we should perish in the work which if it should be it is much to be feared that Religion Laws Liberties and Parliaments would not be long lived after Vs Jealousies and differences increasing between the King and the two Houses they came at length to an open war in the entrance whereunto the Lords and Commons assembled in Parliament published a Declaration in Aug. 1642. in the preamble whereunto they assert d That a Malignant party was then in armes against them to the hazarding of his Majesties Person and for the oppression of the true Religion the Laws and Liberties of this Kingdom and the power and Privilege of Parliament all which every honest man is bound to defend especially those who have taken the late Protestation by which they are more particularly tyed unto it and the more answerable before God should they neglect it And finding themselves engaged on a necessity to take up armes likewise for the defence of those which otherwise must suffer and perish they did then think fit to give that account unto the world to be a satisfaction unto all men of the justice of their proceedings and a warning to the People to let them see the necessity and duty which lay upon them to save themselves their Religion and Country In the body of the e Declaration they charge the Malignant party with an endeavour to possess the People that the Parliament will take away the Law and introduce an Arbitrary Government a thing which every moral man abhors much more the wisedom justice and piety of the two Houses of Parliament and in truth such a charge as no rational man can believe it it being impossible so many several persons as the Houses of Parliament consist of about * 600. and in either House all of equal power should all of them or at least the Major part agree in Acts of will and Tyranny which make up an Arbitrary Government and most improbable that the Nobility and chief Gentry of this Kingdom should conspire to take away the Law by which they enjoy their Estates are protected from any Act of violence and power and differenced from the meaner sort of people with whom otherwise they would be but fellow-servants They then further charge the said malignant party f to have combined to bury the happiness of the Kingdom in the ruine of the Parliament and by forcing it to cut up the freedom of Parliament by the root and either take all Parliaments away or which is worse make them the instruments of Slavery to confirm it by Law and leave the disease incurable With compelling the trained Bands by force to come in and joyn with them or disarming them and putting their arms into the hands of lewd and desperate persons thereby turning the Arms of the Kingdom against it self And with an intention to destroy the Parliament and be Masters of our Religion and Liberties to make us slaves and alter the Government of this Kingdom and reduce it to the condition of some other Countries which are not governed by Parliaments and so by Laws And upon these grounds they conclude that Declaration in these words g Therefore we the Lords and Commons are resolved to expose our lives and fortunes for the defence and maintenance of the true Religion the Kings person honour and estate the power and privilege of Parliament and the just rights and liberties of the Subject And for the prevention of this mischievous
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 Deâ—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 Feâ—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 unâ—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 inâ—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
Officers Jan. 3. in answer to the Demands of the Commons assembled in Parliament concerning the securing or secluding the Members Jan. 20. 1648. and * much more might be added if that were our present work but intending a bare Narrative of matter of fact we proceed The same day the House appointed a Committee viz. Mr. William Peirpoint and others to go to the Officers of the Army for the preserving of a right understanding and good correspondency between the House and the General and Army The Committee repairing to the head Quarters that Afternoon were so rudely entertained that some of them were secured by the Army-Officers and the rest put off and slighted without any conference that day The Members comming in the usual manner to the House on Wednesday the 6. of Dec. the Army-Officers contrary to orders of the House having sent divers Regiments of Horse and Foot early in the morning to Westminster in a hostile manner they placed themselves in the Palace-yard Court of Requests the Hall Court of Wards the Stairs and the Lobby of the House and all the avenues to imprison and seclude those Members who assented to the Vote Colonel Pride and other Officers who commanded the Guards having in their hands an Alphabetical List of the Members names designed to be secured and secluded given them as they confessed by some of the dâ—ssenting Members above forty of them were imprisoned and above a hundred more of them forcibly secluded that very day and the next and * two pulled out of the House it self into which they were got before the Officers espyed them The 43. Members they had seised being the legal number of a House capable to vote they secured that day in the Queens Court and afterwards for several daies using them in a barbarous and inhuman manner forcing them the first night though divers of them grave aged Persons of Quality and tenderly bred in that cold frosty snowy weather to lye upon the bare Boards in a place called Hâ—ll in Westminster and next night after a whole daies attendance on them at Whitehall without vouchsafing to speak with any of them though sent for carried â—hither to confer with them sent them Prisoners to the Kings Head and Swan in the Strand through the Snow and diâ—t guarded with three Musquiteers apiece and Horse besides like the vilest Felons and Traytors in such sort as no Prisoners of war of any quality were ever used by them and detained most of them Prisoners sundry weeks at the said Commonâ— Innes though many of them had Houses of their own in Town sendiâ—g some of them close Prisoners to St. James and afterwards to Windsor Castle and other Garrisons divers years space without the least particular accusation impeachment hearing or tryal their dissenting Fellow-Members theâ— sitting not so much as compassionating their barbarous usages or taking any effectual course for their inlargement Those few Members permitted by the Army to fit Dec. â— had yeâ— so much seeming resentment of this greatest and most horrid Violation of the privileges of Parliament ever attempted in any age that as it appears in the Iourâ—all of the House Wednesday the sixe of December 1648. The House being informed that divers Members comming to attend the House were stayed and carryed to the Queens Court or Court of Wards commanded the Serjâ—ant to go to them and require them to attend the Houâ—e Mr. 〈◊〉 brings word That he signified to the Members in the Queens Court viz. That it was the pleasure of the House that they should forthwith come and attend the House the Members seemed willing to consent but an Officer there gave him this Answer that he could not suffer them to come untill he had received his Orders which he had sent for The same day Lieut. Col. Axtel others coming with a Message from the General they were twice called in and acquainted the House That his Excellency the Lord General and the General Council of Officers had commanded them to acquaint the House that they had something to declare to this House this morning of very great concernment which will be presently ready for their view This seems to be a Message sent to prevent the House rising before they came their Proposals not being yet ready Mr. Speaker returned answer that the House will be ready to receive it Some space after the Officers from the General coming to the door they were called in and * Col. Whaley acquainted the House that they were commanded by his Excellency the Lord General and the General Council of the Officers to present something to this House the which the Officers being withdrawn was read and was directed To the Honorable the Commons of England in Parliament assembled and Entituled The humble Proposals and desire of his Excellency the Lord General and the General Council of Officers Decemb. 6. 1648. in order to a speedy prosecution of justice and the settlement formerly propounded by them The said Proposals were ushered in with two words propound and demand language unfit for a Parliament and stuft with falshoods and unjust scandals against the imprisoned and secluded Members and chiefly they took particular notice of the Vote of the said 5. of Decemb. charging the said Members with breach of Trust therein and desired that all such faithfull Members who are innocent of the said Vote would immediatly by Protestation or publick Declaration acquit themselves from the guilt of concurrence in the said Vote that the Kingdom may know who they are that have kept their trust and distinguish them from the rest that have thus falsified the same and that all such as cannot or shall not so acquit themselves particularly may be immediatly excluded and suspended the House and not re-admitted untill they shall have given clear satisfaction therein to the judgement of those who now so acquit themselves and the ground of such satisfaction be published to the Kingdom Notwithstanding these Proposals the House then resolved that the Committee formerly appointed do confer with the General for discharge of the Members Thursday the 7th of December 1648. as appears by the entries in the Journal A Letter from Sir Thomas Dacres and Mr. Dodderidg dated the same day half an hour past 9. in the morning was read in the House signifying that coming to attend the House to do their duties they were kept back by force The like signification was made of the like usage to Sir Edward Partridge Also a Letter from Westminster 7th Decemb. 1648. from Sir Martin Lumley Sir John Temple George Booth Thomas Waller Thomas Middleton Mr. Brampton Gurdon Esay Thomas and Arthur Owen signifying their restraint from coming to the House to do their duty there by some of the Souldiers of the Army The same day Mr. Pierpoint delivers in two papers from the conference with the General appointed by order yesterday for the discharge of the Members the which were read viz. The Committees first Paper
absence and forcible seclusion of the Major during that session of Parliament no more than an Act or a judgment given and entred in the g Courts of Westminster reversed in and by that Court which gave it because all Votes and Judgements would otherwise be nugatory arbitrary reversed and nulled over and over and debates concerning them endless as was resolved in Sir Francis Goodwins case upon long debate 27 Martii in April Anno 1604. and oft before and since Therefore our Vote of the 5th of Decemb. could neither be questioned nor repealed by the dissenting miâ—ority nor protested against but stands still in force much lesse then the majority who assented to it be suspended ejected the House by the minority for not retracting and entring their Protests against it being a practice fatal to all Votes and Parliaments if admitted just in this passed upon so full a debate 8ly That (p) no Member ought to be questioned for any offensive words displeasing to the whole House or any particular Member let fall upon any debate unlesse exceptions be taken to his words the same day before he goeth out of the House and satisfaction given or judgement inflicted on him the same day But no exception at all was taken to the Debate or Vote of the secluded Members by the House or any Member thereof the same day nor in several daies after but only by such Army-Officers out of the House who were no Members and not privy to the debate Therefore they ought not to be suspended and excluded for it many weeks months and now ejected out of the House for their Vote alone and debates thereupon above 11. years after 9ly i That the Speaker himself by his Letter Iuly 29. and both Houses by their printed Ordinance of August 20. 1647. declare and resolve all Votes Orders Ordinances Declarations passed in the House whiles under a visible force and the Members forcibly driven from it or unable to repair to or â—it in it with freedom and safety to be null and void to all intents and if that force upon 50. or 60. of them now sitting by Cromwell Apr. 20. 1653. Lambert and others Oct. 13. 1659. was Antiparliamentary Treasonable and but a mere interruption not dissolution of their Session nor an inability for them to sit again though some of those who ejected and declared them dissolved were then Members of the House backed with the Army Then by the self-same yea better reason the former late present Orders and Votes for the suspension exclusion and ejection of the majority of the Members out of the House made by the minority whiles sitting under an actual force secluding them by Commands of them now sitting must be null and void to all intents and no wayes disable them from sitting when the armed force secluding them is removed 10ly That the (b) House of Lords heretofore in the Parliament of 2 Caroli when the Earl of Arundel a single Member of their House was imprisoned and restrained by the King without their privity from sitting in the House and since that (c) both houses Ian. 5. 1641. at the beginning of this Parliament when the King impeached and only demanded the Lord of Kimbolton and the 5. impeached Members of the Commons House whereof Sir Arthur Haslâ—rigg was one without seising either of them adjourned and refused to sit or act as an House till their Members were restored to sit in saftty and this high breach of their Privileges vindicated Therefore by the self-same Rule and Presidents they ought not now to sit and act till the former and last violations of them by the Army-Officers and their Gards forcible seclusions and securings of them by their order be vindicated and they restored to sit and act freely in the house with safety without any future Interruption 11ly That no particular member of Parliament in the Commons house by the constant course proceedings and presidents in our Parliaments may or ought to be censured imprisoned suspended or ejected the house unlesse he be 1. Particularly accused or impeached of some misdemeanour crime or breach of trust deserving imprisonment suspension or exclusion 2ly Particularly summoâ—ed and resummoned to answer his charge if absent or commanded to answer it if present in the house 3ly Freely admitted to make his particular answer and defence thereunto in the house where he is to fit and vote as a Member till convicted or suspended by special Order 4ly Legally convicted by his own Confession evidence or witnesses produced face to face 5ly Particularly sentenced by judgement pronounced against him at the Bar and that judgement particularly entred against him by name in the Iournal-book or Records of Parliament This is evident by the antient Presidents of Sir William Courtney An. 16 R. 2. rot Parl. n. 6. Of Roger Swinerton An 17 R. 2. rot Parl n. 23. Thomas Thorpes case 5 H. 4. rot Parl n. 38. by Thomas Thorps case when Speaker 31 H 6. Rot. Parl n. 25 26 27. Arthur Halls case 17 Maii 4 Febr. 1580. Peter Wentworths case 8 Febr. 1575. Thomas Longs case 8. Eliz. entred in the Journall reported in Cooks 4 Institutes p. 23. and Scobels Memorials c. 12. in Sir Edmond Sawyers case Saturday 21 Junii 1628. The Earl of Straffords and Archbishop Lauds cases and trials upon their Impeachments of high Treason this Parliament as Members of the house of Pâ—ers the cases of sundry Members put out of the house of Commons in the beginning of this Parliament 1641 1642 1643. The Proceedings of both houses against their Members who contrary to their trusts (a) deserted the Parliament withdrew themselves voluntarily from it and took up arms against it who were 4. times summoned to attend the Houses which they neglected to do without any disability or new Ingagement put upon them before they were disabled by Iudgement to sit in the house during this Parliament in which Judgements they are particularly named and after that by a general Ordinance of both houses 29 Junii 1644. the Judgement against them was confirmed as is evident by the * Journals of both houses And the proceedings of those now fitting since their Vote of Jan. 5. against Sir Henry Vane Jan 9. and Col. Sydenham and Major Saloway since who were all permitted to sit and vote in the house till particularly impeached heard convicted and received their judgements at the barr before they were ejected or suspended though they joyned with the Army-Officers who excluded them October 13. both in Councils and Actings against their restitution Which being denied only to all and every of the secured and secluded Members and to them alone though the majority of the house guilty of no crime meerly for their Vote Dec 5. and were forcibly secluded both the House and Lobby Dec. 27. and voted out of the House Jan. 5. 1659. without any accusation hearing defence conviction or particular judgement against any of them by name
to gard and defend the Members to both Houses to fit and vote with freedom and safety by armed force to secure and imprison above 40. Members at once and to seclude above 200. more by their Commands being the minority of the House at the House doors and suppress the whole House of Lords three or four times one after another after their executions and sequestrations and what punishment such unpresidented offences deâ—â—erit should we demand justice against them for it after so many provocations and not willingly preteâ—mit it upon their repentance and satisfaction for the publick peace and settlement in the midst of our present Dist. actions upon their voluntary admission of us without any of their new Eagagements on our Consciences to discharge our Trust and prevent the ruine of our three Kingdoms by their rash and dangerous Counsels 2ly That their own Votes Publications and censures against the Army-Officers as well Members as others who forcibly excluded and dissipated themselves beyond expectation April 20. 1653. and October 13. 1659. a just divine retaliation for secluding their Fellow-Members which they deemed both tyrannical yea treasonable in them and demeâ—iting expulsion out of the House in Sir H. Vane and others of their own Members who gave a subsequent assent thereto will now recoyl upon themselves with infinit disadvantage and draw some new (a) exemplary punishment of God upon them for their new forcible seclâ—â—sion and ejection of us they being but 60 at most and we near 200. they having * violated their Trusts Protestation Covenant and the privileges of Parliament which they were obliged constantly to maintain all their daies without defection or Apostacy by our former exclusions and ejection and we having done neither but only endeavoured inviolably to preserve them by our Vote and claims to sit in the House They keeping up the same armed Gards as their only security to sit which secluded us heretofore and now twice ejected them and we desiring no other Gards but those (b) Pliny (c) Seneca d Tully inform us to be the best and safest of all other our own Innocency and the Peoples love for whom we serve remembring that of Pliny to the good Emperor Trajan Quanto tutior quanto securior eadem domus postquam ejus non crudelitatis sed amoris excubiis non solitudine claustris sed Civium celebritate defenditur Frustra se terrore succinxerit qui septus â—aritatenon fuerit Armis enim arma irritantur as we have found by sad experience Vnum est inexpugnabile munimentum amor Civium which they will never gain but lose and forfeit by our unjust seclusion and expulsion 3. That it is a Maxime in Law inserted into the very Writs of summons to Parliaments (e) Calus 23 E. 1. m. 4. dorso as a most just and provident Law established by all prudent pious Princes and the very reason and ground of all Parliamentary assemblies ut quod tangit omnes ab omnibus apprâ—betur Hereupon our Judges and (f) Law-Books resolve that general Acts made and Taxes granted in and by Parliaments oblige all men upon this only account and reason because all Counties Cities Boroughs and Ports are parties and consenters to them in Parliment in and by their Knights Citizens Burgesses and Barons impowered with full and sufficient Authority for themselves and the Commonalties of the said Counties Cities Boroughs and Ports by their Indentures and Retorns to consent to and do whatever shall happen to be ordained in Parliament by common council as the last clauses in the Writs for Elections with their Retorns and Indentures resolve and for want of which power and Representatives if secluded no Acts can be passed no Taxes imposed on them that are obligatory And upon this very ground the Statutes of 25 E. 1. c. 5. 8. De Talligio non Concedendo c. 1 2. 14. E. 3. Stat. 1. c. 21. Stat. 2. c. 1. 15 E. 3. Stat. 2. c. 1. Stat. 3. c. 5. 21 E. 3. rot Parl. n. 16. 25 E. 3. rot Parl. n. 16. 27 E. 3. Stat. 2. c. 2. 36 E. 3. rot Parl. n. 16. 38 E. 3. c. 2. 38 E. 3. rot Parl. n. 40. 51 E. 3. rot Parl. n. 25. 11 H. 4. rot Parl. n. 50. The Petition of Right 3 Car. and the Statutes of 17 Car. c. 1. 8. 12. made at the begining of this Parliament do all enact declare and resolve in precise words That no Tax Tallage Ayde Subsidy Loan Custom Imposition or other Assesment whatsoever shall or may be imposed or levyed on the Subjects without common consent of the Lords and Commons in full Parliament by Act of Parliament And those now sitting in their printed Paper Octob. 11. 1659. Intituled An Act against the raising of Monies upon the people without their consent in Parliament enact That no person or persons shall after the XI of October 1659. Assess Levy Collect gather or receive any Customs Impost Excise Assesment Contribution Tax Tallage or any Sum or Sums of Money or other Imposition whatsoever upon the people of this Commonwealth without their consent in Parliament or us by Law might have béen done before the third of Novemb. 1640. And it is further enacted and declared That every Person offending contrary to this Act shall be and is hereby adjudged guilty of Hâ—gh Treason and shall suffer and forfeit as in case of High Treason If then they shall forcibly seclude not only the whole House of Lords but the Majority of the Knights Citizens and Burgesses out of the Commons House as now they do most Counties Cities and Boroughs of England having not so much as one Knight Citizen or Burgesse to represent them being all forcibly excluded or dead they being not a fifth part of the House who could never legally impose any Tax upon the people before Nov. 3. 1640. nor since as all these Acts with * sundry other Records and Law-Books resolve they can make no Laws Orders Ordinances that are binding nor impose the least Tax Talluge Imposition Excise Contribution or any other payment whatsoever upon the people of this Nation much lesse upon us whom they thus forcibly exclude and those Counties Cities and Boroughs for which we serve nor any person or persons levy them without incurring the Crime Penalty and forfeiture expressed in their own late Act it being a received Maxim amongst all Politicians Lawyers Nations (h) Populi Minor pars popâ—lâ—m non ol ligit and that nothing is or can be said to be done or acted by the Common Council and consent of the people in full Parliament by Act of Parliament which is done and acted only by the Minor part of the Commons House when the greatest part of the Members of Parliament are forcibly sâ—oluded or driven thence by armed violence especially by the commands and consederacy of the Minority of their fellow-Members our present case and condition which we represent to the whole
may be suffered to sit free of force or guards but of their own appointment and dead places filled up by new election untill a free Parliament according to the triennial Act may be called and convened without interruption or praelimitations That so by sober discreet peaceable impartial full and free Councils these three languishing divided Nations and the City of London the Metropolis of this Empire may be restored to their former renown honour peace unity prosperity and trade the two great Pillars of Magistracy and Ministry vindicated from contempt and violence and thereby a stable Settlement obtained both in Church and State to the rejoycing of all that truly fear God at home and the reviving and preservation of the reformed Churches abroad almost totally ruined and become a prey to the common enemy by our and their unchristian divisions Alexander ab Alexandro Genial Dierum l. 4. c. 11. Erat igitur Senaâ—oris Officium tam de promovendis Magistratibus provinciisque administrandis quam de bellis triumphis supplicationibusque decernendis deque praefidibus in provincias aâ—xiliis submittendis de legâ— de foedere pactionibus ac toâ—a gerenda rep. libere sentire ac fortem constantemque sententiam dicere Et si duae Senatum distinerent sententiae cum â—liud alii â—â—nferent Id quod Senatus maxima pars decerâ—â—xet id raâ—um fieri annotatum est An exact List of the secluded Members names still living and those refusing to sit till their restitution to undeceive the Nation and World THe Earl of Ancram Sir Ralph Ashton Kt. Arthur Annesley Kt. William Arthington John Arundel Mr. Ascough Sir John Barrington Sir Thomas Barnardiston Sir Robert Benloes Sir George Booth Kt. Sir Humphrey Bridges Sir Ambrose Brown Kt. Sir Roger Burgoin Kt. Francis Bacon Nathaniel Bacon Edward Bainton John Barker Alderman Maurice Barroe William Bell Alexander Bence Col. John Birch Edward Bish John Bond Doctor of Law John Bowyer Kt. John Boyes Kt. Major Brooks Major General Brown Samuel Brown Serg. at Law Francis Buller Iohn Bunckly Kt. Hugh Buscoen Kt. Iohn Button Sir Henry Cholmley Sir Iohn Clotworthy Sir Iohn Corbet Kt. Sir Iohn Curson Kt. Iohn Carew William Carrent Colonel Ceely Robert Clives Elias Crimes Lionel Copley Iohn Crew Sir Thomas Dacres Kt. Sir Francis Drake Sir William Drake Thomas Dacres Iohn Doyle Mr. Francis Drake Sir Iohn Eveling of Surrey Sir Iohn Eveling of Wilts Sir Walter Earl William Edwards Robert Ellison Richard Erisy George Eveling Mr William Fenwick William Lord Fitzwilliams Sir Edmund Fowel William Foxwist Iohn Francis Iames Fiennis Kt. Nathaniel Fiennis Iohn Fiennes Sir Gilbert Gerard Kt. Sir Harbotle Grimston Samuel Gardiner Francis Gerard Thomas Gewen Iohn Glynne Serg. at Law Samuel Gott Thomas Grove Sir Richard Haughton Kt. Sir Iohn Holland Col. Edward Harley Kt. Major Harley Thomas Hatcher Iames Herbert Peregrine Hobby Thomas Hodges Denzil Hollis Francis Hollis George Horner Kt. Edmund Hoskins Henry Hungerford Colonel Hunt Sir Anthony Irby Richard Jennings VVilliam Iones Sir Norton Knatchull George Keckwich Richard Knightly Sir Iohn Leigh Sir William Lewis Sir Martin Lister Sir William Litton Kt. Sir Samuel Luke Henry Laurence Kt. Colonel Lee Mr. Lewis Col. VValter Long Col. Iohn Loyd Kt. Mr. Lucas Mr. Luckin Sir Thomas Middleton Kt. John Mainard Serj. at Law Mr. Christopher Martin Major General Massey Thomas Middleton Thomas Moor William Morris Kt. George Montague Col. Edward Montague Kt. Sir Robert Napper Sir Robert Nedham Sir Dudly North Kt. Sir John Northcot Mr. Nash John Nelthrop John Nixon Alderman Mr. North Col. Norton Kt. Sir Richard Onslow Kt. Mr. Onslow Arthur Owin Kt. Henry Oxinden William Owfield Sir John Palgrave Kt. Sir Philip Parker Kt. Sir Thomas Parker Sir Edward Partridgâ— Sir John Pellam Sir William Platers Sir John Potts Kt. Sir Nevil Poole Sir Richard Price Kt. Sir Robert Pye Robert Packer Henry Peck William Pierpoint Edward Poole Col. Alexander Popham Mr. Potter Thomas Povy William Priestly William Prynne Sir Frances Rusâ—â—l Kt. Mr. Ravinscraft Mr. Ratclifft Charles Rich Col. Edward Rossiter Sir Beachamp Saint-John Sir John Seymor Kt. Sir Thomas Soam Robert Scawen Mr. Scut Col. Robert Shapâ—ot Col. Shuttleworth Mr. Springate Mr. Simon Snow Henry Stapleton Edward Stephens John Stephens Nathaniel Stephens Kt. John Swinfen Col. William Stroud Mr. Shuttleworth John Spilman Sir John Temple Sir Thomas Treavor Mr. Temple Mr. Thistlethwait Samuel Terriâ—k Edward Thomas Esaia Thomas John Thinne Richard Tolson Kt. John Treavor Kt. Tho. Twisden Serj. at Law Samuel Vassal Edward Vaughan Kt. Edward Vaughan Sir William Waller Tho. Viscount Wenman Kt. Sir Henry Worsly Thomas Waller Esq William Wheeler Col. Whitehead Kt. Henry Willes Capt. Wingate Mr. Winwood William Wray Richard Wynne Kt. Sir John Young In all 194. besides above 40. secluded Members now dead since 1648. whereof many were Knights of Counties and of these yet living 37. are Knights of Shiers with Kt. added against their names Upon an exact view of the Members now sitting or which are permitted to sit if they were all present being about 89 in number there are not above 16. Knights of Shires 7 Citizens and the rest Burgesses whereof seldom 50. appear at once together the excluded and deceased Members being also considered it will appear that the House of Commons consisting by right of 508 Members whereof there are 78 Knights of Shires for England and 12. for Wales There are no Knights of the shires sitting in the House for these 26 English and 11 Welsh Counties following Besâ—â—es there are no Citizens sitting for 14 cities following viz. BEdford shire Cornwall Cambridgshire Derbyshire Devonshire Dorseâ—shire Essex Glostershire Harâ—fordshire Herefâ—rdshire Lincolnshire Lancashire Middlesâ—x Munmothshire Norfolk Norâ—humberland Oxforâ—shire Surrey Shropshire Southampton Suffolk Somersetshire Sussex Westmorland Warwickshire Yorkshire Anglâ—sey Bâ—ecknâ—ck Cardiganshire Carmarthenshire Carnarvonshire Denbighshire Fliâ—shire Glamorganshire Pembrockshire Mâ—â—â—gomeryshire Radâ—â—shire And but 1 Knight of the Shire in each of the nine following Counties Berkshire Châ—shire Hunting â—â—nshire Kent Leicestershire Northamptonshire Staffordshire Wilâ—shire Worcestershire And only the full number of Knights of the Shire in Buckinghamshiâ—e Nottinghamshire Rutlandshire Merionethshire York Westminster Bristol Canterbury Chester Exceter Oxford Lincoln Worcesteâ— Câ—ichester Carlisle Rochester Coventry Wells Have no Citizens in the House And but one of the 4 for London 1 for Norwich 1 for Bath Glocester and Salisbury alone of all the Cities in Engl. having their full number And there will also appear now wanting excluded about 313 Burgesses and many of them of the principal Burroughs in Engl. So that the whole number now permitted to sit is about 89 and the whole number excluded or wanting 420 besides the Lords So thaâ— upon an indifferent calculation and survey there will scarce the 10th part of the Commons be found at this time to have Members representing them in Parliament and yet these take upon them to act enact and impose * Taxeâ— not only as a whole Commons House but
as as an absolute full and compleat Parl. of England yea of Ireland and Scotland besides whose Parliaments they have quite swallowed up and monopolized to themselves imposing Taxes on them which no English Parliament ever did C. Plinii Pan Trajano dictus Melius omnibus quam singulis creditur singuli enim decâ—pere decipi possunt â—â—nemo omnes neminem oâ—nes feâ—ellerunt FINIS Printed January 30. 1659. a Exact Collection p. 199. b Ibid. p. 203. c Ibid. p. 264 281. d Exact Collection p. 491. e Ibid. p. 494. * Nota. f Exact Collection p. 494 496. g Exact Collect p. 497. h Ibid. p. 509. i Exact Collection p. 657. k Exact Collection p. 632 c. l Exact Collection p. 666. m Exact Collection p. 773. n Exact Collection p. 657 658 663 664. o Exact Collection p. 696. p Ibidem p. 697. (q) Exact Collection p. 727. r P. 728. s P. 729. t Exact Collection p. 736. u Ibid p. 802. x Ibid. p. 823. y Ibid. p. 325. z Ibid. p. 907. a Exact Collection p. 932. Appendix p. 4. b A Collection of Orders and Ordinances of Parliament in fol. p. 807 816 890. c A Collection c. p. 422 424. d A Collect. p. 496. E. Essex title e Ibid. p. 599. f Ibid. p. 877 878 879. g Ibid. P. 877 * Exact Collection p. 491 492. 498 508 567 570 574 617 631 636 to 677. 812 813 814 816 826 827 832. 834 890 891 898 902 to 920. * None therefore much lesse the Majority of them may or ought to be suspended or secluded by the Minority or armed force * See Mr. Pryâ—â—es Speech Decemb. 4. 1648. * Mr. Edward Stephens and Col. Birch * The Army Officers had thrice accesse into the House the very day they secured and secluded the Members out of it * A pretty distinction to evade their Order Nota * Exact Collection p. 36 to 60. * who to make it sure dissented also Dec. 20. Nota. Nota. * See Mr Prynnes true and perfect Narrative * This was a new addition not mentioned in any former Orders * Not entred * Fidelissima custodia illius innocentia hoc inexpugnabile munimentum munimento non egere Pliâ— Paâ— Trajaâ—â— dictus (a) See Mr. Prynnes 1 part of the Register of Parliamentary writs p. 27 28 177 215 part 2. p. 80 81 82. Plea for the Lords p. 278 279 280. (b) Plea for the Lords p. 21 to 37. The 1. pt. of the Register of Parliamenttary writs p. 13 27 31 112 432 434. 435 to 440. Exact Abridgment p. 43. (c) First part of the Register of Parliamentary writs p. 24 28 29. Plea for the Lords p. 22 to 27. Exact Abridgement p. 11 13 14 19 31 36 46 51 69 73 78 90 92 96 105 120 144 154 167 173 18â— 188 193 195 201 281 286 287 288 290. 298 308 454 464 p. 50 66 74 152 169 318 321 335 373 427 128 430 440 665. * 8 H. 6. c 7. 33 H. 8. c. 27. Exact Collection p. 146. 274 494 700. A Collection p. 284. Grotius de Jure Belli l. 2. c. 26. 15â— * Cook◠〈◊〉 Report p. 34. 35. See Scobels Memorials of the method and manner of Parliaments c. 4. 6. (f) Scobels Memorials Cooks 4 Institutes p. 32. g Dyer 182. a. 196. a. Ashes Tables Error 65 to 75. and the Lawbooks there cited (p) Scobels memâ—â—als c. 12. See 31 H. â— i See 31. H. 6. c. 1. 39 H. 6. c. 1. Brook and Fitzherbeâ—â— and Ash Title Dureâ—s A Collection p. 221 222 700. (b) Plea for the Lords p. 23 24 25. (c) Exact Collection p 34 to 60. (a) A Collection of Ordinances p. 294 357 513. * 21 Jan and 5 Feb. 1643. 4 5 8 9 10 11 12 16 20 22 26 29. Augusti 2 6 7 12 16 19 22 23. Sept. 4. Octo. 1642. See the Parliament Rolls wherein Receivers Triers of Petitions are still appointed at the beginning of every parliament Exact Abridgement of the Records of the Tower Tit. Parl. in the Table The 1. art of the Register of Parliamentary Writs And Plea for the Lords p. 430 431 432. * Plea for the Lords p. 2â—4 to 283. * Being by act of Parliament (m) Lit sect. 678. Cooks 1 Inftit â— 35. 209 352 356 357. 142. Hobards Reports p. 85 86. Dyer 165. 2 R. 2. c. 2. * Cicero in Antonium (p) Sâ—â—â—iâ—zherbert Brooks Sâ—â—ham and Ash Title Variance * Seneca Tragin Medaeâ— * Alexand ab Alexandro Gen. Dierum l. 4. c. 11. Interrogâ—vit quisque quod placuit diâ—â—eâ—tire discedere copiam judicii sui reip. facere tutum fâ—â—t consultioâ—nes atque dinumerati sumus vicitque sententia â—on prima sed melior major C. Plin. Pan. Trajano dictus p. 145. * Gen 18. 25. * Exact Collect p. 496. s Evact Collection p. 650 655 657. t Exact Collection p. 259 260. u Modus Tenendi Parliamentum Cooks 4 Instit. c. 1. x A Collection of Ordinances p. 13. 14 33 c. y A Collectâ—oâ— p. 200 201. * A Collection p. 452 453 454 455 513. (z) See the 2d part of the History of Independency and their Declaration of 17 March 1648. * A Lawyer now â—itting lately used these words of the secluded Members That they would still keep them out perforce and hold their Noses to the Grindstone because they had the Army on their side (a) Rom. 2 1 2 3. Prov. 24 21 22. Obad. 15. 16. Judg. 16. 8. Rev. 13. 10. * Cooks 11. Rep. f. 98 99. (b) Pan. Trajano dictus p. 93. Lipâ—ius commentar. Ibid. p 94. (c) De Clementia l. 94. d In Antoniâ—m (e) Register of Parliamentary Writs part 1. p. 6. (f) 39 E. 3. 7. 2 R. 3. 11. 8 H. 6. 34 35. 4 H. 9. 10 17. 1 Jac. c 1. Brook Parl. 26 40. 41 98 101 Cooks 4 Instit. c. 1. * Cooks 2 Instit. p. 530 to 536 Mr. Hacwelâ—s Judge Hutâ—ons Crooks and Mr St. Johns Arguments speech against Shipmony and Impositions (h) Grotiâ—s de Jure Del i p. ciâ— l. 2. c. 15. feet 3. Alex ab Alevandro Gen. Diâ—â—um l. 4. c. 11. * page 8 9 10. 14. * The seizing of 4500. pounds ready money by Armed Troopers and Souldiers in a Citizens house in Pauls Church-yard at 12. of the clock at night the 27th of this January and carrying it away by order from White-Hall is a memorable performance of this Declaration * Siâ— Robert Pye and Major Fincher * See the Letters from the Coâ—nties of Cornwall Devon Berkâ— Glocester Northampton suffolk c. * The highest worst of Tyraâ—nâ—es and Treasons * Rom. 13. 2 3 4. 1 Pet. 2. 14. * Exact Coâ—â—â—tion p. 13. * And that not only on the Laity but Clergy too who cannot legally and were not formerly Taxed but only by their own â—â—ee grant and conâ—ent in convocation