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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