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A56193 The privileges of Parliament which the members, army, and this kingdom have taken the protestation and covenant to maintain reprinted for consideration and confirmation on the 5th of January 1659, the day appointed to remember them. Prynne, William, 1600-1669. 1660 (1660) Wing P4040; ESTC R26909 9,234 8

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The Privileges of Parliament which the Members Army and this Kingdom have taken the Protestation and Covenant to maintain Reprinted for Consideration and Confirmation on the 5th of January 1659. the day appointed to remember them Die Lunae 3 Ianuar. 1641. IT is this day ordered upon the question by the Commons House of Parliament that if any Persons whatsoever shall come to the Lodgings of any Member of the House and there do offer to seal the Trunks Doors or Papers of any Members of this house or seise upon their persons That then such Members shall require the aid of the Constable to keep such persons in safe Custody till this House do give further Order and this House doth further declare that if any person whatsoever shall offer to arrest or detain the person of any Member of this House without first acquainting this House therewith and receiving further Order from this House That it is lawfull for such Member or any person to assist him and to stand upon his and their Guards of defence and to make resistance according to the Protestation taken to defend the privileges of Parliament H. Elsynge Cler. Parl. D. Com. Die Mercurii 5. Ian. 1641. Commons House of Parliament WHereas his Majestie in his Royal person yesterday being the 4th of Ianuary 1641. did come to the House of Commons attended with a great Multitude of men armed in a warlike manner with Halberts Swords and Pistols who came up to the very doore of the House and placed themselves there and in other places and passages near to the House to the great ter●or and disturbance of the Members thereof then sitting and according to their Duty in a peaceable and orderly manner treating of the great affairs of both Kingdoms of England and Ireland And his Majesty having placed himself in the Speakers Chair did demand the persons of divers Members of the House to be delivered unto him It is this day declared by the House of Commons * that the same is a high breach of the Rights and Privileges of Parliament and inconsistent with the Liberty Freedom thereof and therefore this House doth conceive they cannot with the safety of their own persons or the indemnity of the Rights and Privileges of Parliament sit here any longer without a full vindication of so high a breach and a sufficient Guard wherein they may confide for which both Houses joyntly and this House by it self have been humble suters to his Majesty and cannot as yet obtain Notwithstanding which thi● House being very sensible of the great trust reposed in them and especially at this time of the manifold distraction● of this Kingdom and the lamented and distressed Kingdom of Ireland doth order that this House shall be adjourned untill Tuesday next at one of the clock in the Afternoon and that a Committee be named by this House and all that will come shall have Voyce● shall sit at the * Guild-Hall in the City of London to Morrow morning at 9. of the clock and shall have power to Consider and Reason of all things that may concern the good and safety of the City and Kingdom and particularly how our Privileges may be vindicated and our Persons secured And to consider of the Affairs and Relief of Ireland and shall have power to consult and advice with any Person or Persons touching the premises● and shall have power to send for parties witnesses papers and Records c. Mr. Chancellor of the Exchequer Mr. Glynn Mr. Whitlock Lord Faulkland Sir Phil. Stapleton Mr. Nath. Fines Sir Ralph Hopton Sir Iohn Ho●ham Sir Walter Earl Sir Robert Cook Sir Thomas Walsingham Sir Samuel Roll Mr. Perpoint Mr. Walt. Long Sir Richard Cave Sir Ed. Hungerford Mr. Grimstone Sir Christ Wray Sir BEn R●dyard Sir Iohn H●ppisley Sir H●rbert Price Sir Iohn Wray Sir Tho. Barrington Mr. Wheeler Sir William L●tton This is the * Committee appointed by the former Order and are to pursue the Directions of the former Order and all that will come are to have Voyces at this Committee A Declaration of the House of Common touching a late Breach of their Privilege and for the Vindication thereof and of divers Members of the said House VVHereas the Chambers Studies and Trunks of Mr. Denzill Hollis Sir Arthur Has●rigge Mr. Iohn Pym Mr. Iohn Hampden and Mr. Will. Strode Esq Members of the House of Commons upon Monday the third of this instant Ianuary by colour of his Majesties warrant have been sealed up by Sir William Killigrew and Sir William Flemen and others which is not only against the Privilege of Parliament but the common Liberty of every Subject which said Members afterwards the same day were under the same colour by Serjeant Frances one of his Majesties Serjeants at Arms contrary to all former Presidents demanded of the Speaker sitting in the House of Commons to be delivered unto him that he might arrest them of High Treason and whereas afterwards the next day His Majesty in his Royal Person came into the said House attended with a great multitude of men armed in warlike manner with Halberts Swords and Pistols who came up to the very door of the House and placed themselves there and in other places and passages near to the said House to the great terror and disturbance of the Members then sitting and according to their Duty in a peaceable and orderly manner treating of the great affairs of England and Ireland And His Majesty having placed himself in the Speakers Chair demanded of them the Persons of the said Members to be delivered unto him which is a High Breach of the Rights and Privileges of Parliament and inconsistent with the Liberties and Freedom thereof And whereas afterwards his Majesty did issue forth several Warrants to divers Officers under his own hand for the apprehension of the Persons of the said Members which by Law he cannot do there being not all this time any legal Charge or Accusation or due process of Law issued against them nor any pretence of Charge made known to that House all which are against the fundamental Liberties of the Subject and the right of Parliament whereupon we are necessitated according to our Duty to declare And we do hereby declare that if any Person shall arrest Mr. Hollis Sir Arthur Haslerigge Mr. Pym Mr. Hampden and Mr. Strode or any of them or any other Member of Parliament by pretence or colour of any Warrant issuing out from the King only is guilty of the breach of the Liberties of the Subject and of the Privilege of Parliament and a publick Enemy to the Commonwealth And that the arresting of the said Members or any of them or any other Member of Parliament by any Warrant whatsoever without a Legal Proceeding against them and without consent of that House whereof such Person is a Member is against the Liberty of the Subject and a breach of Privilege
Message to both Houses Ianuarii 12. 1641. His Majestie taking notice that some conceive it disputable whether his proceedings against my Lord Kimbolton Mr. Hollis Sr. Arthur Haslerigg Mr. Pym Mr. Hampden and Mr. Strode be Legal and agreeable to the Privileges of Parliament and being very desirous to give satisfaction to all men in all matters that may seem to have relation to Privilege is pleased to wave his former proceedings and all doubts by this means being setled when the minds of men are composed His Majesty will proceed thereupon in an unquestionable way and assures his Parliament that upon all occasions we will be as carefull of their Privileges as of his life or of his Crown To the Kings most excellent Majesty The Humble Petition of the Inhabitants of the County of Buckingham shire Sheweth THat your Petitioners having by virtue of your Highnesse Writ chosen Iohn Hampden Knight for our shire in whose Loyalty we his Country-men and Neighbours have ever had good ca●se to confi●e however of late to our no lesse amazement than grief we find him with other Members of Parliament now accused of Treason having taken into our serious Consideration the manner of their impeachment we cannot but under your Majesties favour conceive that it doth so oppugn the Rights of Parliament to the maintainance whereof our Protestation binds us that we believe it is the malice which their Zeal to your Majesties service and the State hath contracted in the Enemies to your Majestie the Church and Common-wealth hath occasioned this foul accusation rather than any deserts of theirs who do likewise through their sides wound the Judgement and care of us your Petitioners and others by whose choice they were presented to the House Your Petitioners therefore most Humbly pray Mr. Hampden and the rest that lie under the burdain of that accusation may enjoy the just Privileges of Parliament and your Petitioners shall ever pray c. Windsor 13. Ianuary 1641. His Majestie being graciously pleased to let all his Subjects understand his care not knowingly to violate in the least degree any of the Privileges of Parliament hath therefore lately by a Message sent by the Lord Keeper signified that he is pleased because of the doubt that hath been raised of the manner to wave his former proceedings against Mr. Hampden and the rest mentioned in this petition concerning whom his Majestie intends to proceed in an unquestionable way and then his Majesty saith it will appear that he had sufficient grounds to question them as he might not in justice to the Kingdom and honour to himself ●ave forborn and yet his Majesty had much rather that the said persons should prove innocent than be found guilty however he cannot conceive that their Crimes can in any sort reflect upon these his good Subjects who elected them to serve in Parliament His Majesties Profession and Addition to his last Message to the Parliament Jan. 4. 1641. HIs Majesty being no lesse tender of the Privileges of Parliament and thinking himself no lesse concerned That they be not broken and that they be asserted and vindicated whensoever they are so than the Parliament it self hath thought fit to adde to his last Message this Profession that in all his proceedings against the Lord Kymbolton Mr. Hollis Sir Arthur Haslerigge Mr. Pym Mr. Hampden and Mr. Strode He had never the least intention of violating the least Privilege of parliament And in case any doubt of breach of Privileges remain will be willing to clear that and assert these by any reasonable way that his Parliament shall advise him to upon confidence of which He no waies doubts His Parliament will forthwith lay by all Jealousies and apply themselves to the publique and p●essing Affairs and especially to those of Ireland wherein the good of the Kingdom and the true Religion which shall ever be His Majesties first care are so highly and so nearly concerned And his Majesty assures himself that his care of their Privileges will increase the tendernesse of his Lawfull Prerogative which are so necessarie to the mutual defence of each other and both which will be the Foundation of a perpetual Intelligence between his Majesty and Parliaments and of the Happiness and Prosperity of his People The like Petition in substance was made by the City of London to his Majesty and the like Answer touching the impeached Members and this breach of Privilege Nevertheless I have somewhat against thee because thou hast forsaken thy first love Remember therefore from whence thou art faln and repent and do the first works or else I will come unto thee quickly and will remove thy Candlestick out of his place except thou repent Rev. 2.4 5. Every City 〈◊〉 House divided against it self shall not stand Mat. 12.25 FINIS Exact Collection p. 35. The House of Commons were so far from countenancing or allowing force upon their Members in 1641. when the Parliament was full and free that they made Orders for prevention of force when but suspected and privileged their Members very lodgings goods as well as Persons and judged all persons bound by the Protestation to assist in their defence and to stand upon their guard and make resistance Exact Collection p. 36 37. It was then accounted unsutable to the fit●ing or freedom of Parliament to have armed men at the House of Commons door or in the passages neer to the House * If to demand the persons of five Members of the House after impeachment is a high breach of the Rights and Privileges of Parliament inconsistent with the Liberty Freedom thereof so that the House did conceive thereupon that they could not with safety of their persons or indemnity of ●h● rights and privileges of Parliaments 〈◊〉 any l●ng●r with out a full vindication and a guard wherein they might confide What is it to imprison seclude above 200. Members at once without accusation or ground of impeachment * A good president for the Members of the House of Commons to sit in London for vindication o● their Privileges and security of their Persons when Westminster is unsafe or under force If Mr. Whitlock be the only Member suffered to sit that was of this Committee no wonder the privil●ges of Parliament formerly so zealously vindicated are now so much broken and neglected * 8. of them secluded and ●●cu●●d Members now 〈◊〉 Exact Collection p. 38 39 40. Armed Gards at the House door inconsistent with the freedom and privilege of Members By Law the King himself could not give warrant to apprehend Members of the House Then Mr. Hollis as a Member was as free from arrest as Sir Arthur He●ilrig but now Sir Arthur hath the Privilege alone and Mr. Hollis and the secluded Members are subject to arrest at pleasure To arrest any Member by whatsoever warrant without a legal proceeding is against the Liberty of the Subject and they that arrest any such are declared publick Enemies of the Common wealth It s eleven years that above Two hundred Members have been secluded by their Fellow Members yet not one of thē so much as accused or brought to tryal● Let but one week be allowed for a legal accusation and tryal of the 43. Members that sit if they be not all found guilty by the weeks end let them be privi●eged to sit as long as they live * Was not the fo●ce Dec. 6.7 1648. and May 7 9. and Dec. 27. 1659. the like Then the House of Commons would not suffer papers to be printed against 5 impeached Members now false scandalous and illegal papers are countenanced against the major part of the House Then it was adjudged a high breach of privilege and a seditious Act tending to the subversion of the peace of the kingdom and an injury and dishonor to the Members to publish articles in form of a charge against them since it hath been usual without controll in that kind to asperse them in their very licensed Diurnals especially by that insolent malignant lying mercinarie writer for all parties Mar. Needham Such breakers of privileges of Parliament are declared Publick Enemies of the State and Peace of the Kingdom and are to be proceeded against accordingly Exact Collection p. 40 c. The late King very desirous to give satisfaction to all men in point of Privilege but the Rump not o● Exact Collection p. 50. The Petition of the Countie of Buckingham in behalf of Mr. Hambden good president for the several Counties Cities and places all or any of whose Knights Members are illegally secluded for their faithfulness to their Country The late King by many degrees more tender of the privileges of Parliament than those who have us●●ped his regal power The late King offers to assert and vindicate the privileges of Parliament in any reasonable way the Parliament should desire Exact Collection p. 45 46.