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A91189 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. Prynne, William, 1600-1669. 1660 (1660) Wing P3965; Thomason E1013_22; ESTC R22149 44,193 60

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well-grounded peace in the three Kingdoms and to keep a good understanding between the two Kingdoms of England and Scotland according to the grounds expressed in the Solemn League and Covenant and Treaties which we desire may be inviolably observed on both parts And lest these Generals should not give a sufficient satisfaction they thought fit to the end men might be no longer abused in a misbelief in their intentions or a mis-understanding of their Actions to make further inlargement upon the particulars most worthy a diligent peru●al and consideration Amongst which they have this observable passage viz. And whereas a safe and good peace is the right end of a just war there is nothing we have more earnestly desired nor more constantly laboured after and to that purpose both Houses of Parliament have framed several Propositions to be sent to the King wherein We are so far from altering the fundamental Constitution and Government of this Kingdom by King Lords and Commons that we have only desired that with the consent of the King such Powers may be settled in the two Houses without which we can have no assurance but that the like or greater mischiefs than these which God hath hitherto delivered us from may break out again and ingage us in a second and more destructive war Whereby it plainly appears our intentions are not to change the antient frame of Government within this Kingdom but to obtain the end of the primitive institution of all Government the safety and weal of the people And then that Declaration concludes thus And for the Covenant we have been and ever shall be very carefull to ob●erve the same that as nothing hath been done so nothing shall be done by us repugnant to the true meaning and intention thereof nor will we depart from those grounds and principles upon which it was framed and founded This Decl. was then indeed of that moment to quiet the Jealousies and settle the Distempers of the Kingdom g that 4000 of them were ordered to be printed for the use of the Parliament And the Knights and Burgesses ordered to take care for the speedy sending down and publishing them in the respective Counties and places for which they ●erved And by special order of the House Sir Arthur Has●erig Sir John Eveling and two others were to take care that the printed Declarations were published set up and ●●xed in every Parish-Church by the Church-wardens or other Officers of the said Parish which they were by the said Order required and enjoyned to ●ee published set up and fixed in the said Parish-Church accordingly Way being thus made to the Narrative and Treaty we proceed The two Houses of Parliament having thus for the space of six years or thereabouts been ingaged in a war for the defence and maintenance of the Protestant Religion the Kings person honour and Estate and his Royal Posterity the power and Privileges of Parliament and the Laws and Liberties of the Kingdom as appears by all their said Declarations Orders Ordinances and publick writings in the prosecution wherof they did also declare * That there was a design carried on by the forces levied against the Parliament to alter our religion and the antient frame and constitution of the Government both in Church and State and the laws and liberties of the Kingdom and to introduce Popery and Idolatry together with an Arbitrary form of Government And having in the heat of the war sent Propositions several times and entred into divers Treaties with his late Majesty for a safe and well-grounded peace which had not the desired effect at the cloze of the war finding the distempers of the Kingdom continued though all adverse Armies and Garrisons were reduced and well remembring that in the begining of the war they had called God to witnesse that the safety of the Kingdom and peace of the people was their only aime They did in July 1648. resolve upon a personal Treaty with the King the general desires of the City of London and the rest of the people concurring therewith And in pursuance thereof the Commons assembled in Parliament that they might have a full House published the following Declaration Die Martis 5. Septembris 1648. A Declaration of the Commons assembled in Parliament Concerning the Summoning of the Members to attend the House on Tuesday the 26. of Septemb. 1648. WHereas both Houses of Parliament have agreed upon A Personal Treaty with his Majestie which is speedily to commence for the management whereof the * attendance of all the Members of Parliament wil be very necessary because in the Multitude of Counsellors there is safety and in the successe thereof the Alaying of the present distempers and future happinesse of this Kingdom is so highly concerned It is therefore ordered and declared by the Commons assembled in Parliament that the respective Sheriffs of each County within the Kingdom of England and Dominion of Wales do forthwith upon receipt hereof give particular notice to all the Members of the House of Commons residing and being within their respective Counties to attend the House on Tuesday the 26th Septemb under the penalty of twenty pounds fixed upon the defaultors that day being appointed for calling of the House The Members attended from all parts accordingly and there were appointed the Earls of Northumberland Pembrook Salisbury Middlesex and the Lord Say for the Lords House And Mr. William Pierpoint Sir Henry Vane Junior and eight more of the House of Commons Commissioners to carry on the Treaty with his Majestie at the Isle of Wight who took great pains therein and finished the Treaty by the end of November And on December the first the Commissioners of the House of Commons made their report of the Treaty in the House who presently entred into debate thereof and continued the debate Dec. 2d 3d. 4th 5th when after a long and serious debate in a full House notwithstanding the Menaces of the Army who had marched up to London and Westminster contrary to the Orders of the House removed their own guards and put new ones upon them and their insolent and Rebellious Declaration of the 20th of Novemb. 1648. they came to this resolution without any division of the House viz. Die Martis 5. Decembris 1648. REsolved upon the Question That the Answers of the King to the Propositions of both Houses are a ground for the House to proceed upon for the settlement of the peace of the Kingdom The just grounds and reasons of which vote do partly appear in all the forecited Declarations and proceedings of both Houses during the War the Oaths Protestation League and Covenant they took as Members the Writs by which they were elected and the Indentures by which we were returned impowered intrusted but more particularly in the Vindication of the imprisoned and secluded Members of the Commons House from the aspersisions ●ast upon them and the majority of the House in a printed Paper of the Gen-Council of
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 Sena●oris Officium tam de promovendis Magistratibus provinciisque administrandis quam de bellis triumphis supplicationibusque decernendis deque praefidibus in provincias a●xiliis submittendis de leg● de foedere pactionibus ac to●a gerenda rep. libere sentire ac fortem constantemque sententiam dicere Et si duae Senatum distinerent sententiae cum ●liud alii ●●nferent Id quod Senatus maxima pars decer●●xet id ra●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 Partridg● 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 Rus●●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 Shap●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 Terri●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 Bes●●es there are no Citizens sitting for 14 cities following viz. BEdford shire Cornwall Cambridgshire Derbyshire Devonshire Dorse●shire Essex Glostershire Har●fordshire Heref●rdshire Lincolnshire Lancashire Middles●x Munmothshire Norfolk Nor●humberland Oxfor●shire Surrey Shropshire Southampton Suffolk Somersetshire Sussex Westmorland Warwickshire Yorkshire Angl●sey B●eckn●ck Cardiganshire Carmarthenshire Carnarvonshire Denbighshire Fli●shire Glamorganshire Pembrockshire M●●●gomeryshire Rad●●shire And but 1 Knight of the Shire in each of the nine following Counties Berkshire Ch●shire Hunting ●●nshire Kent Leicestershire Northamptonshire Staffordshire Wil●shire Worcestershire And only the full number of Knights of the Shire in Buckinghamshi●e Nottinghamshire Rutlandshire Merionethshire York Westminster Bristol Canterbury Chester Exceter Oxford Lincoln Worceste● C●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 tha● 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 * Taxe● not only as a whole Commons House but
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 De●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 Fe●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 un●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 in●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
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 exec●able Del●●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 M●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 ●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 hea●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 a●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