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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
prove he is to be imprisoned till he hath satisfied the partie accused of his dammages and slander and made fine and ransome to the King The said Lords and Commons humbly beseech your Majesty that not only in point of Iustice to the said * And ought not your selves to do that right to your impeached Members now upon their malicious accusers as you petitioned for the Members then impeached upon the selfe-same grounds Members in their particulers but for the vindication of the Rights and Priviledges of Parliament Your Majesty will be pleased to send the person or persons that in this case made the suggestions or informations to your Majesty against the said Members of Parliament together with the said suggestions or informations to your Parliament That so such good fruits of the said good Lawes may be had as was intended by them and the Rights and Priviledges of Parliament may be vindicated which of Right and Iustice ought not to be denyed * An exact Collection p. 295 l 200. 201. c. The Declaration or Remonstrance of the Lords and Commons in Parliament assembled May 19. 1642. THe Infinit mercie and providence of the Almightie God hath bin abundantly manifested since the beginning of this Parliament in great varietie of protections and blessings whereby he hath not only dilivered us from many wicked plots and designes which if they had taken effect would have brought ruine and destruction upon this Kingdom but out of those attempts hath produced divers evident and remarkeable advantages to the furtherance of those services which we have bin desirous to performe to our Soveraign Lord the King and to this Church and State in providing for the publique peace and prosperity of his Majesty and all his Realmes which in the presence of the same all-seeing deity we protest to have been and still to be the only end of all our councells and endeavours wherein we have resolved to continue freed and inlarged from * Can al Members make this Protestation now without perjury or hypocrisie all privat aymes personall respects or passions whatsoever In which resolution we are nothing discouraged although the heads of the Malignant partie disappointed of that prey the Religion and Libertie of this Kingdome which they were readie to selfe upon and devour before the beginning of this Parliament have still persisted by new practises both of force and subtiltie to recover the same againe For which purpose they have made severall * The very Plot of Cromwell Ireton their Confederates since who tread in these Malignants stepps have actually executed what they only designed attempts for the bringing up of the Army they afterwards projected the false accusation of the Lord Kimbolton and the five Members of the house of Commons which being in it selfe of an odious nature they yet so farre prevailed with his Majestie as to procure him to take it on himselfe but when the unchangeable duty and faithfullnesse of the Parliament could not be wrought upon by such a fact as that to withdraw any part of their reverence and obedience from his Majesty they have with much art and industry advised his Majesty to suffer divers uniust * Have not the Army Agitators in their Remonstrances Declarations other printed Papers done the like for a like designe or worse scandals and imputations upon the Parliament to be published in his name whereby they might make it odious to the people and by their help to destroy that which hitherto hath been the onely meanes of their preservation c. The accusation of the Lord Kimbolton and the five Members of the house of Commons is called * And were not the late impeachments of the 11 Members and 7 Peers such farr above any satisfaction yet given them by their Accusers a breach of Priviledge and truly so it was and a very high one far above any satisfaction that hath been yet given How can it be said to be largely satisfied so long as his Majesty laboured to preserve Mr. Attorney from punishment Who was the visible Actor in it so long as his Majesty hath not only justified him but by his Letter declared that it was his duty to accuse them and that he would have punished him if he had not done it So long as those Members have not the * The case of those now impeached meanes of cleering their innocencie And the Authors of that malitious charge undiscovered though both houses of Parliament have severall times petitioned his Majesty to discover them And that not only upon grounds of Common Iustice but by act of Parliament His Majesty is bound to do it So long as the King refuseth to passe a bill for their discharge Aleadging that the narrative in that Bill is against his honor whereby he seemes still to avow the matter of that false accusation though he deserts the prosecution offring to passe a bill for their acquittall yet with intimation that they * And must the now impeached Lords Commons do so to as their false Acusers would have them must desert the avowing their owne innocencie which would more wound them in honor then secure them in Law And in Vindication of this great priviledg of Parliament we do not know that we have invaded any priviledge belonging to his Majesty as is aleadged in this Declaration But we looke not upon this only in the Notion of a breach of priviledge which might be though the accusation were true or false but under the notion of a haynous crime in the Attorney and all other Subjects who had a hand in it A * Is not this the Councell ●● Wars the Armies crime 〈◊〉 impeaching 〈◊〉 present in●…ent Lords Commons and Citizens of Treason in the ●… of the high ●… I●dicatory 〈◊〉 shall it go unpunished ●…y unrecompenced and unsighted crime against the Law of nature against the rules of * Much les Sr Thomas Fair●… and his Councell in the army Iustice that innocent men should be charged with so great an offence as Treason in the face of the highest Iudicatory of the Kingdome whereby their lives and estates their blood and honor are endangered without witnes without evidence without all possibility of reparation in a Legall course yet a crime of such a nature that his * Much lesse then an whole army Majesties command can no more warrant then it can any other Act of injustice It is true that those things which are evill in their own nature such as is false testimony or false accusation cannot be the Subject of any command or induce any obligation of obedience upon any man by any authority whatsoever therefore the Attorney in this case was bound to refuse to execute such a command unlesse he had some such evidence or testimonie as might have warranted him against the parties and be lyable to make satisfaction if it should prove false and it is sufficiently knowne to every man